! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! !!!!!!!! !!!!!!!! !!!!!
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! OS-C SP SP SP
SP
OS-C
I-L
OS-C
OS-C
OS-C
SP
R-L
SP
R-RD
OS-C
I-E
SP
P
OS-C
R-L
R-RD
P
I-L
R-RD
P
R-RD
SP
SP
R-RD
SP
P
SP
I-L
C-BP
R-RD
OS-C
R-H
OS-C
OS-C
OS-C
R-L
R-M
R-RD
R-L
R-M
R-L
OS-C
P
P
VS-C
R-L
OS-C
R-L
C-G
OS-C
C-H
OS-C
OS-C
R-RD
R-RD
C-BP
R-RD
C-BP
R-L
P
R-RD
R-L
OS-C
OS-C
I-L P
C-BP
C-H
OS-C
SP
C-BP
MU-N
R-H
R-M
MU-C
R-H
C-BP
OS-C
R-M
R-RD
R-RD
C-BP
MU-C
R-M
OS-C
R-RD
P
R-L
R-H
SP
C-G
R-L
R-RD
P
P
OS-C
C-G
R-M
R-RD
R-M
R-L
R-M
MU-C
OS-C
C-BP
R-L
P
C-H
MU-C
C-BP
MU-C
C-G
VS-C
MU-C
MU-C
C-G
P
R-RD
P
OS-R
R-L
R-RD
R-H
R-M
C-G
R-L
R-M
MU-N C-G
R-L
OS-C
R-L
R-L
R-L
C-N
OS-R
R-RD
MU-C
R-RD
OS-R
C-H
OS-C
SP
C-N
MU-N
MU-N
R-H
P
OS-R
R-H
MU-N
P
R-L
R-L
R-L
R-L
R-L
R-L
SP
SP
R-L
R-L
R-L
P
R-L
R-L
SP
R-L
R-L
R-L
SP
R-M
R-L
SP
R-L
R-RD
VS-MU
R-L
R-M
R-M
R-M
VS-MU
MU-C
R-H
R-H
VS-C
VS-C
VS-C
VS-C R-L
VS-C VS-C
VS-C
R-L
VS-MU
I-L
I-L
VS-MU
VS-MU
P
P
P
C-N
OS-R
OS-R
Sunset Ridge
Specific Plan
Tuscan Hills
Specific Plan
Rancho Royale
Specific Plan
Skyborne
Specific Plan
Two Bunch Palms
Specific Plan
Ranch Oasis
Specific Plan
Aventura Palms IISpecific Plan
Rancho Royale
Specific Plan
Walmart Retail CenterSpecific Plan
Desert Land
Ventures
Specific Plan
Coachillin
Specific Plan
Desert
Harvest
Specific Plan
Mountain View
Country Estates
Specific Plan
Highland Falls
Amendment District
Mission Creek Trails
Amendment District
Rancho Royale
Specific Plan
I-10
SH-62
PALM DR
DILLON RD
WORSLEY RD
20TH AVE
PIERSON BLV
HACIENDA DR
8TH ST
MISSION CREEK RD
LITTLE MORONGO RD
N INDIAN CANYON DR INDIAN AVE
MISSION LAKES BLV
4TH ST
CACTUS DR
MOUNTAIN VIEW RD
5TH ST
18TH AVE
6TH ST
3RD ST
BUBBLING WELLS RD
1ST ST
VARNER RD
PIERSON BLVD
12TH ST
MESQUITE AVE
VERBENA DR
21ST AVE
7TH ST
DESERT VIEW AVE
CHOLLA DR
2ND ST
13TH AVE
16TH AVE
15TH AVE
14TH AVE
ACOMA AVE
IRONWOOD DR
KAREN AVE
MICRO PL
WEST AVE
VIA VISTA
UN TI ED RD
SCENIC DR
CAHUILLA AVE
SIERRA BLV
LONG CANYON RD
19TH AVE
YERXA RD
PAINTED HILLS RD
KAY RD
INAJA ST
BUENA VISTA AVE
WESTERN AVE
SANTA CRUZ RD
8TH AVE
VIA QUEDO
VIA MONTANA
CAMINO AVENTURA
HIDALGO ST
SERENDIPITY RD
14TH ST
TAMAR DR
SUNLAND RD
HACIENDA AVE
POMELO DR
VERNON RD
M RI ACLE H LI L RD
JUNE RD
QU NI TA WY
RUBY DR
WEST DR
VIA REAL
MAPLE RD
GRANADA AVE
BLAIR RD
ATLANTIC AVE
CUANDO WY
YUCCA DR
LA SALLE
SEELEY ST
ANNADALE AVE
EL RIO LN
DAVE AVE
MARION RD
AMBROSIO DR
INYO DR
AVENIDA DESCANSO
AVEN DI A M RI OLA
CAROL DR
JUL AI N DR
CABOT RD
ZETA RD
CAMINO CAMPANERO
AVEN DI A RAMBLA
CLUBHOUSE BLV
PROMENADE DR
VALENCIA DR
DIABLO RD
TWO BUNCH PALMS TR
AVENIDA ATEZADA
FLORA AVE
BLUMA AVE
REDBUD RD
CREST ST
OLD MORONGO RD
VIA LORETO
GATEWAY BLV
ELAINE DR
AVENIDA RAMADA
SONORA DR
MEL SI SA LN
OAKMOUNT BLV
RAMONA DR
LAMESA DR
CLAIRE AVE
ELISEO RD
MOLLIES AVE
PACIFIC AVE
OCOTILLO RD
THOMAS AVE
CALIENTE DR
ANGELA DR
EL CAJON DR
GLORY VIEW RD
SILVER STAR AVE
FAR VIEW RD
AUGUSTA AVE
DIABLO ST
THORNTON RD
FLORENCE DR
SUMAC DR
AVENIDA BARONA
PANORAMA DR
TRAM V EI W RD
SPYGLASS AVE
WARW CI K DR
CUYAMACA DR
KNOLL DR
DEODAR AVE
ESTRADA ST
WINDHAVEN RD
AVENIDA MONTEFLORA
CAMINO CAMPESINO
WOLVEN ST
LUIS DR
10TH ST
OPPERMAN RD
SUNSET AVE
NANCY DR
BANDERA ST
THUMB DR
SKYLINE DR
LUNA RD S
SAN ARDO RD
MAUI WY
AVEN DI A V SI TA
PALOMAR LN
BOBCAT
CALLE DE LOS ROMOS
ORMA VISTA DR
KEITH ST
VISTA DEL VALLE
NEW VIEW DR
HERMANO WY
SANTA YSABEL DR
AUGUA CAYENDO RD
CALLE CERRITO
AZANIA AVE
FALCON DR
COVEY ST
MCCARGER RD
AVEN DI A MERCED
SAN RAFAEL RD
GARY AVE
PASEO YUCCA VISTA
VIA CORTO WEST
LOU SI E ST
PR CI KLY PEAR TR
MOUNTAIN VIEW DR
SAN FELIPE RD
TERRACE WY
VISTA PL
E A R ROYO DR
SAR TI A DR
NAHUM DR
SAN MARCUS RD
EL MIRADOR BLV
P SI CES WY
CAPILAND RD
PARK LN
CLUB HOUSE DR
GALILEO PL
PARMA DR
AVEN DI A FLORENCITA AVEN DI A MANZANA
VIA DOMINGO
REPOSO WY
COUGAR
SAN JACINTO LN
BROOKLINE AVE
AVENIDA ALTA LOMA
CATALPA AVE
ESPARTA AVE
CASA GRANDE DR
COTTONWOOD DR
MARION WY
MARK DR
AVA CT
W ARROYO DR
DEL REY LN
DERONDA AVE
LOMA VISTA RD
DEL RAY LN
ESTRELLA AVE
SYCAMORE RD
CENTEN NIAL P L
LOUISAN RD
KRANSHIRE RD
PAINT BRUSH TR
FOXDALE DR
SKYBORNE DR
BEACON WY
KIT ETAIL DR
SAN MIGUEL RD
SAGEBRUSH TR
AVENIDA CADENA
MAUNA LOA RD
BEECH AVE
YAQUI LN
SAN GORGONIO LN
CRESENT DR
EL SOL DR
CALLE AZTECA
HOYLAKE RD
GOLDEN EAGLE WY
CAROB TREE DR
TUMBLEWEED TR
AVALON PL
SANBORN ST
CHUCKWALLA TR
MARY CIR
CANYON DR
NORTH CRESCENT ST
SAN SIMEON DR
AURORA PL
ARNOLD AVE
SATURN LN
BRAE BURN AVE
AVENIDA DORADO
MOON DR
SAND HILL
PIONEER TR
SYLVANOS RD
EL SERAPE TR
HOUGH RD
WH TI E SAGE TR
SAN RAFAEL DR
RAINBOW LN
VIA DEL SOL
WH TI EWATER
SUMMIT PAS
SKY RIDGE WY
CALLE BLANCO
AVENIDA LADERA
SAN PABLO RD
JASMINE DR
HIGHWING ST
ORION TERRACE
KIMLIN AVE
MONTEREY RD
POLARIS ST
AVENIDA JALISCO
LANTANA LN
ROLLING HILLS DR
HEARTLAND WY
TEAGARDEN DR
HIGHLAND AVE
ROSEMONT AVE
DESERT WILLOW DR
SANTA ROSA RD
SPRUCE ST
MOUNTAIN TOP CT
QUA LI R DI GE
ANTELOPE
SOUTH STARCROSS DR
SAN REMO RD
MESA AVE
VIEW RD
VIA CORTO EAST
SOUTH CRESCENT ST
HORIZON DR
AVENIDA SERENA
SKYPOINTE D R
SAN JUAN RD
CALLE ESCORIAL
CAMINO SILVOSO
SCENIC CREST C RI
SAN TOMAS ST
CAMINO IDILIO
TARBUTTON RD
ROADRUNNER
VIA DEL PUEBLO
OVERLOO K DR
SAN BRUNO RD
ROUNDUP DR
RAYO DEL SOL
CALLE AMAPOLA
MERCURY DR N
PINEHURST CIR
CLOW LN
VISTA DR
AGU A DULCE DR
SAN DIEGO DR
JAYNE ST
MEADOWS WY
SALTON VIEW RD
ROCHELLE RD
BINNIE ST
AVENIDA HERMOSA
SUSAN WY
SAN JACINTO ST
ROCKIES AVE
NORTH STARCROSS DR
AVENIDA PICO
SAN ANTONIO ST
WHITNEY CT
PAUL RD
UPLAND WY
ARBOR ST
DORAL DR
HACIENDA HEIGHTS DR
CASA LOMA RD
VALPARAISO DR
SKYRIS E DR
HATCHET CACTUS DR
NORTH STAR LN
SAN JOSE RD
BALD EAGLE LN
SIWANOY DR
BUCKBOARD LN
CALLE AGUA CALIENTE
JOSEPH WY
CANYON COUNTRY RD
C RI CLE B DR
LARIAT LN
PACIFICA BLV
APAWAMIS RD
PUESTA DEL SOL
PYRENESS AVE
MOUNTA NI HAWK LN
SALIDA DEL SOL PL
NICOLE CIR
N CILLE WY
BLUE SKY CIR
WHITEWATER CUTOFF
CLUB CIRCLE DR
ELDORADO PL
EL SOMBRERO LN
WILLOW CREEK
PROSPECT WY
LIDO CT
AGAVE WY
DESERT TER
MADRE LN
EAGLE MOUNTAIN AVE
ANNANDALE AVE
CORSAIR ST
ACACIA AVE
LEITH AVE
MOUNTAIN PAS
LA SALLE RD
NORTH CANDLE TREE LN
BROKEN ARROW LN
DON ENGLISH WY
AVENIDA GRACIA
ARENA BLANCA RD
CALLE BONITA
INGLEWOOD AVE
ORIS WY
SUMMERWALK DR
CLARENCE ST
EKWANOK DR
PROUDLAND DR ARDEN WY
MOJAVE RD
OCOTILLO TR
CA LLE LAS T IENDAS
CLIFF CIR S
CONGRESSIONAL RD
LOFTWOO D ST
CLIFF CIR N
CATS CLAW RD
DUNES PAS
SAN CARLOS RD
ORTEGA DR
TROON CT
TUNITAS RD
BOB RD
VIA CORTO
AFORTUNADO DR
ENCHANTED RD
SAN LORENZO DR
PEAK DR
SKYWAY DR
PEQUENA DR
LOVAS CT
EAS T PARKW ALK LN
WEST PARKWALK LN
AVENIDA SUENOS
COUNTRY V EI W RD
VISTA CIR
MONTERICO RD
SA N FIDEL WY
V A RDO N CT
TENTH ST
ASTORIA PL
MERCURY DR S
TWELFTH ST
SAN GORGONIO ST
OASIS DR
PASATIEMPO DR
LEONARDO DR
CAMINO CAP SI TRANO
ARGONNE RD
SANDERLING CT
SUNRISE DR
DESERT AIR CT
CARLOS ST
KEY WY
EGAN CT
PECOS RD
FARRIS DR
WEST SIDE DR
SMOKEWOOD CIR
CACTUS APPLE DR
BERNARDO WY
AVEN DI A DELORES
AVONDALE RD
SAN LUCAS RD
SUMM TI VIEW CT
PINTO WY
BOROS CT
MC GARGER RD
SMITH CT
BURKE CT
LEMA CT YOSEMITE LN
LEONARD CT
CAMINO DEL SOL
BARNES CT
TACO WY
VALLEY VIEW CT
DEL RAY CT
ELM AVE
JUNIPER DR
I-10
CABOT RD
VIA QUEDO
SAGEBRUSH TR
THOMAS AVE
PIERSON BLV
VERBENA DR
TWO BUNCH PALMS TR
DESERT VIEW AVE
KAREN AVE
CALLE AMAPOLA
WEST DR
18TH AVE
DESERT VIEW AVE AMBROS OI DR
VIA REAL
CAMINO CAMPESINO
MISSION CREEK RD
AVENIDA DORADO
TENTH ST
OCOTILLO RD
TWO BUNCH PALMS TR
5TH ST
AVENIDA CADENA
FOXDALE DR
16TH AVE
CAMINO AVENTURA
OCOTILLO RD
4TH ST
ANNADALE AVE
MAUI WY
GOLDEN EAGLE WY
WEST DR
10TH ST
I-10
ACOMA AVE
COVEY ST
MISSION LAKES BLV
AVENIDA MANZANA
FARRIS DR
DESERT TER
SKYBORNE DR
SUMAC DR
INDIAN AVE
SAN REMO RD
ATLANTIC AVE
I-10
WEST DR
CAMINO IDILIO
AVENIDA DORADO
CHOLLA DR
16TH AVE CAMINO AVENTURA
PALM DR
LITTLE MORONGO RD
N INDIAN CANYON DR
EL RIO LN
PA NI T BRUSH TR
DILLON RD
ATLANT CI AVE
18TH AVE
MESQU TI E AVE
ACOMA AVE
POMELO DR
DIABLO RD
FOXDALE DR
16TH AVE
FLORA AVE
LONG CANYON RD
VIA REAL
AVENIDA MERCED
CACTUS DR
ESTRELLA AVE
Zoning Map
City of Desert Hot Springs
Zoning Districts
R-RD: Residential Rural Desert R-L: Residential LowR-M: Residential MediumR-H: Residential HighC-N: Neighborhood CommercialC-G: General CommercialC-D: Downtown CommercialC-H: Highway CommercialC-BP: Business ParkVS-C: Visitor-Serving CommercialVS-M: Visitor-Serving MixedMU-N: Mixed-Use Neighborhood MU-C: Mixed-Use CorridorI-L: Light Industrial I-E: Industrial-Energy ProductionOS-C: Open Space - ConservationOS-R: Open Space - Recreational ParkOS-P: Open Space - PrivateSP: Specific PlanP: Public/Institutional Base Map Features
City BoundarySphere of Influence
0 0.5 1 1.5 2 0.25
Miles
°Source: City of Desert Hot Springs, 2020.Date: May 27, 2020.
Zoning Overlays
Arts and Culture OverlayIndustrial Cannabis OverlayEnergy Overlay Specific Plan Boundaries
Specific Plans
!!!!!!!!!!!!!!!! Specific Plan Amendment Districts
Item Number: 5.
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, 1) GPA NO. 21-2 AMENDING THE
GENERAL PLAN DESIGNATION ON SIX (6) PROPERTIES WITHIN
THE CITY; 2) ZC NO. 21-1 CHANGING THE ZONING DESIGNATION ON SIX (6) PROPERTIES WITHIN THE CITY; 3) GPA NO. 21-2; AMENDING CERTAIN SECTIONS OF CHAPTER 17.16 “INDUSTRIAL
DISTRICTS” FOR FUTURE INDUSTRIAL DEVELOPMENT, AND 4)
ADOPTING A GPU EIR ADDENDUM
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and
WHEREAS, on December 14, 2021, the City of Desert Hot Springs Planning Commission held a public hearing, and
WHEREAS, the public hearing was duly noticed and published; and WHEREAS, Title 17 of the Desert Hot Springs Municipal Code (DHSMC) regulates land use and zoning and
WHEREAS, Chapter 17.16 of the DHSMC regulates Industrial Districts; and WHEREAS, The proposed Project consists of concurrent General Plan Designations and zone changes for the following parcels:
APN: 656-150-003: Currently zoned as Residential Low (R-L) to change to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well) General Plan Designation Visitor Serving Commercial (VS-C) APN: 641-091-021: Currently zoned as Residential Medium (R-M) to change to Mixed Use Corridor (MU-C) to allow auto repair shop (existing) General Plan Designation Mixed Use Corridor (MU-C)
APN: 641-091-025: Currently zoned as Residential Medium (R-M) to change to MU-C to allow adjacent ARCO expansion (vacant lot) General Plan Designation Mixed Use Corridor (MU-C)
APN: 641-042-047: Currently zoned as Residential Medium (R-M) to change to Downtown Commercial (C-D) to be consistent with current uses General Plan Designation Commercial (Com)
Item Number: 5.
APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) to change to I-L (Light Industrial). General Plan Designation Industrial (I) APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (I-LC-BP) to change to I-L. General Plan Designation Industrial (I); and
WHEREAS, the Land Use and Community Design Element in the newly adopted General Plan have Goals and Policies that support the proposed General Plan Amendment, Zone Change, and Zoning Ordinance Amendment; and WHEREAS, Goal LU-1 promotes a balanced community with a mix of land uses that supports thriving businesses, complete and healthy neighborhoods, and a sustainable desert environment; and
WHEREAS, Goal LU-3 promotes a vibrant and economically successful centers that respond to changing economic conditions and that are well distributed Citywide; and
WHEREAS, Goal LU-8 promotes industrial opportunities and new development that broaden the economic and employment base of the City; and WHEREAS, an Addendum has been prepared for the proposed project pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures and after the preparation of a GPU EIR Addendum there are no substantial changes that warrant additional review; and WHEREAS, the City deems that this Resolution is in the best interest of the City’s public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:
Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.
Section 2. AMENDMENT OF SECTION 17.16.030 “LAND USE DISTRICT DEVELOPMENT STANDARDS” AND TABLE 17.16.01 OF THE
DESERT HOT SPRINGS MUNICIPAL CODE
Item Number: 5.
Section 17.16.030 and Industrial Zone Development Standards Table
17.16.01 shall be amended to read as follows:
TABLE 17.16.01
INDUSTRIAL ZONES DEVELOPMENT STANDARDS
Development Standards I-L I-M I-E
Gross lot area (1) 20,000 40,000 10 ac.
Front setback 20 20 20 (4)
Rear setback 10 10 NA
Side setback (each) 10 (2) 10 (2) NA
Side setback (street side) 10 10 NA
Lot coverage (maximum) 75 75 NA
Structure height (maximum/feet)
2 stories/50 (3)
5 stories/100
35 feet NA
(1) Area in square feet, unless otherwise indicated; only required for new subdivisions. (2) Unless attached buildings are proposed, where no side yard would be required for the attached side
(3) Unless the Planning Commission finds that increased height is necessary for the proposed industrial use.
(4) Setback is for structures other than wind turbines, industrial stacks, etc. See standards below.
Section 3. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 5. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 6. EFFECTIVE DATE
Item Number: 5.
That this ordinance shall be effective thirty days after the second reading of the ordinance
Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
________________________________ _______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_______________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 5.
RESOLUTION NO. 2022-______
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, TO; 1) GPA NO. 21-2 AMENDING THE GENERAL PLAN DESIGNATION ON SIX (6) PROPERTIES WITHIN THE CITY; 2) ZC NO. 21-1 CHANGING THE ZONING DESIGNATION ON SIX (6)
PROPERTIES WITHIN THE CITY; 3) GPA NO. 21-2; AMENDING
CERTAIN SECTIONS OF CHAPTER 17.16 “INDUSTRIAL DISTRICTS” FOR FUTURE INDUSTRIAL DEVELOPMENT, AND 4) ADOPTING A
GPU EIR ADDENDUM AND 5) APPROVE AN ORDINANCE ADDING
CHAPTER 17.16
WHEREAS, the City of Desert Hot Springs, California (the “City”), is requesting that the Planning Commission make favorable recommendation to the City Council: 1) GPA No. 21-2 amending the general plan designation on six (6) properties within the city; 2) ZC No. 21-1 changing the zoning designation on six (6) properties within the city; 3) GPA No. 21-2; amending certain Sections of Chapter 17.16 “Industrial Districts” for future industrial development, and 4) Adopt a GPA EIR Addendum; and WHEREAS, The Planning Commission conducted a duly notified public hearing on December 14, 2021, and made a favorable recommendation to the City Council for approval and adoption of the above-referenced applications and General Plan Update EIR Addendum, and
WHEREAS, the City, acting as Lead Agency, has reviewed GPA EIR Addendum; and
WHEREAS, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the City Council adopted this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS
The above recitals are hereby incorporated herein.
Section 2. ADMINISTRATIVE RECORD
The City Council has considered all of the evidence submitted into the administrative record for the recommendations listed in this City Council Resolution, including, but not limited to, the following:
(a) Desert Hot Springs Municipal Code and Desert Hot Springs General Plan; (b) All environmental documents, including but not limited to, GPA EIR Addendum and its accompanying mitigation measures;
Item Number: 5.
(c) The Planning Commission documents;
(d) Staff Report;
(e) Staff presentation at the public hearing conducted at the City Council hearing;
(f) Testimony and/or comments from interested parties including the public comments submitted to the City in both written and oral form at, or prior to, the public hearing conducted at the City Council hearing; (g) Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing conducted at the City Council hearing, supporting and/or opposing the Project.
Section 3. GENEAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT
ADDENDUM
An Addendum has been prepared for the proposed project pursuant to 14 Cal.
Code. Regs Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures and after the preparation of a GPU EIR Addendum there are no substantial changes that warrant additional review;
Section 4. FINDINGS FOR THE GENERAL PLAN
Under Section 17.100.050 of the Desert Hot Springs Municipal Code, an amendment to the General Plan may be adopted only if all of the following findings are made:
A. That the proposed amendment is internally consistent with the General Plan; ▪ The City of Desert Hot Springs adopted its new General Plan on May 26, 2020.
The proposed amendments have been evaluated for compliance with the newly adopted General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed changes in land use designations identified below to allow for future commercial and industrial uses are consistent with the City’s intention for future commercial and industrial businesses, including the proposed zoning ordinance amendment increasing the maximum height of structures from 2-stories/50feet to 5-stories/100 feet in the Industrial zoning designations.
Item Number: 5.
o APN: 656-150-003: Currently zoned as Residential Low (R-L) to change to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well) General Plan Designation Visitor Serving Commercial (VS-C) o APN: 641-091-021: Currently zoned as Residential Medium (R-M) to change to Mixed Use Corridor (MU-C) to allow auto repair shop (existing) General Plan Designation Mixed Use Corridor (MU-C)
o APN: 641-091-025: Currently zoned as Residential Medium (R-M) to change to MU-C to allow adjacent ARCO expansion (vacant lot) General Plan Designation Mixed Use Corridor (MU-C)
o APN: 641-042-047: Currently zoned as Residential Medium (R-M) to change to Downtown Commercial (C-D) to be consistent with current uses General Plan Designation Commercial (Com)
o APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) to change to I-L (Light Industrial). General Plan Designation Industrial (I) o APN: 666-370-032: Currently dual zoning as Light Industrial and Commercial Business Park (I-L/C-BP) to change to I-L. General Plan Designation Industrial (I)
▪ Zoning Ordinance Amendment is to amend Table 17.16.01 (Industrial Development Standards) increasing the maximum height of structures from 2- stories/50feet to 5-stories/100 feet
Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibly with surrounding uses including design characteristics, site planning, access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.
B. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed amendments identified above to allow for future commercial and industrial projects on the sites identified would be consistent with the proposed designations in the immediate areas and would be consistent with the current designations in the immediate area.
Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibly with surrounding uses including design characteristics, site planning, access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.
Item Number: 5.
Any future development project would also include provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
C. That the proposed amendment would maintain the appropriate balance of land uses within the City; and
The proposed amendments have been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed changes in land use designations to allow for future commercial and industrial uses would be compatible with some of the surrounding, and existing land uses. Additionally, any future projects would be a discretionary actions by the City and would allow for mitigation measures to be implemented to reduce any negative impacts on the surrounding area/properties. Staff believes that the proposed amendments will maintain the appropriate balance of land uses within the City.
D. That in the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s).
The General Plan Amendments provides for a mix of commercial and industrial uses that would be compatible with surrounding residential and commercial zones.
Section 5. FINDINGS FOR THE ZONING ORDINANCE AMENDMENT
The City Council finds that it has considered all of the evidence submitted into the administrative record for the proposed Project and in accordance with DHSMC Section 18.88 bases its approval on the following findings:
Zoning Code Amendments – changes either to the map or the text - are regulated under Section 17.88 of the Desert Hot Springs Municipal Code. According to Section
17.88.050, an amendment to the Zoning Ordinance may be adopted only if the following findings are made:
A. The proposed amendment is consistent with the General Plan; The proposed amendment amending Table 17.16.01, structure height (Maximum/feet) to five (5) stories/100 feet, has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential inconsistencies. The proposed Zone Ordinance Amendments introduces a maximum height of 100 feet and five (5) stories and provides for adequate public and private improvements to avoid conflicts with the General Plan Land Use, Circulation, Housing and other Elements of the Community Development Item Number: 5.
Chapter; as well as with Environmental Resources, Environmental Hazards, and Public Facilities and Facilities Chapters. Staff has identified no inconsistencies between the proposed Zone Amendment and the General Plan.
B. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposed amendment to increase the maximum height of 100 feet and five (5) stories is to allow for future industrial development and it has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential internal inconsistencies. The proposed change in maximum height from two (2) stories/50feet to 100 feet/five (5) stories will allow for future industrial uses that would be consistent with the City’s intention for future industrial businesses. The proposed Zoning & General Plan amendment to allow future commercial and industrial projects on this site identified above would not only be consistent with the proposed designations but is consistent with the current designations in the immediate areas.
Also of note, is that any future development (applications) would be subject to a discretionary review and would be evaluated based on compatibly with surrounding uses including design characteristics, site planning, access, impacts, aesthetics, building heights, setbacks, minimum required parking, as well as a host of other characteristics, all to ensure the project’s compatibility with the neighboring properties and that any potential impacts are mitigated to a level of “less than significant”.
Any future development project would also include provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
Section 6. APPROVAL OF GENERAL PLAN UPDATE ENVIRONMENTAL
IMPACT REPORT ADDENDU,
The City Council hereby: An Addendum has been prepared for the proposed project pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. After a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Amendment. Pursuant to the CEQA, Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the Item Number: 5.
implementation of certain mitigated measures and after the preparation of a GPU EIR Addendum there are no substantial changes that warrant additional review.
Section 8. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which Resolution is passed and adopted.
Section 9. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 10. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 11. EFFECTIVE DATE
That this Resolution shall take effect pursuant to State law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the ____ of ____, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Item Number: 5.
EXHIBIT 5
General Plan Environmental Impact Report
CLICK HERE to view (47 MB)
Item Number: 5.
DRAFT
ADDENDUM TO THE GENERAL PLAN
UPDATE ENVIRONMENTAL IMPACT
REPORT
DESERT HOT SPRINGS, CALIFORNIA
State Clearinghouse No. (2019080101)
Prepared for:
CITY OF DESERT HOT SPRINGS
11999 Palm Drive
Desert Hot Springs, California 92240
Prepared by:
CHAMBERS GROUP, INC.
5 Hutton Centre Drive, Suite 750
Santa Ana, California 92707
(949) 261-5414
November 2021
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TABLE OF CONTENTS
Page
SECTION 1.0 – INTRODUCTION ...........................................................................................................1
1.1 PROJECT SUMMARY ..................................................................................................................... 1
1.2 ENVIRONMENTAL REVIEW REQUIREMENTS ................................................................................ 2
1.3 BACKGROUND............................................................................................................................... 3
1.3.1 Areas of Potential Controversy...................................................................................... 10
1.4 PROPOSED PROJECT ................................................................................................................... 10
1.4.1 Environmental Setting ................................................................................................... 11 SECTION 2.0 – IMPACT ANALYSIS......................................................................................................13
2.1 OVERVIEW .................................................................................................................................. 13
2.2 AESTHETICS................................................................................................................................. 13
2.3 AGRICULTURAL AND FORESTRY RESOURCES ............................................................................. 17
2.4 AIR QUALITY................................................................................................................................ 19
2.5 BIOLOGICAL RESOURCES ............................................................................................................ 30
2.6 CULTURAL RESOURCES ............................................................................................................... 36
2.7 ENERGY ....................................................................................................................................... 39
2.8 GEOLOGY AND SOILS .................................................................................................................. 44
2.9 GREENHOUSE GASES .................................................................................................................. 51
2.10 HAZARDS AND HAZARDOUS MATERIALS.................................................................................... 53
2.11 HYDROLOGY AND WATER QUALITY............................................................................................ 58
2.12 LAND USE AND PLANNING ......................................................................................................... 64
2.13 MINERAL RESOURCES................................................................................................................. 69
2.14 NOISE .......................................................................................................................................... 70
2.15 POPULATION AND HOUSING...................................................................................................... 76
2.16 PUBLIC SERVICES......................................................................................................................... 78
2.17 RECREATION ............................................................................................................................... 82
2.18 TRANSPORTATION AND TRAFFIC................................................................................................ 83
2.19 TRIBAL CULTURAL RESOURCES................................................................................................... 88
2.20 UTILITIES AND SERVICE SYSTEMS ............................................................................................... 90
2.21 WILDFIRE..................................................................................................................................... 95 SECTION 3.0 – REFERENCES ..............................................................................................................98
APPENDICES
Appendix A: GPU EIR MMRP
Appendix B: Air Quality and Greenhouse Gas Reports
Appendix C: Noise Impact Analysis
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LIST OF TABLES
Page
Table 1: Existing and Proposed Zoning and Land Uses...............................................................................10 Table 2: Residential and Mixed-Use Development Standards....................................................................66 Table 3: Residential and Visitor-Serving Development Standards .............................................................67
LIST OF FIGURES
Page
Figure 1: Project Location .............................................................................................................................4 Figure 2: Parcel A – APN 641-042-047 ..........................................................................................................5 Figure 3: Parcel B – APN 641-091-021 & Parcel C – APN: 641-091-025 .......................................................6 Figure 4: Parcel D – APN 656-150-003..........................................................................................................7 Figure 5: Parcel E – APN: 656-150-003 .........................................................................................................8 Figure 6: Parcel F – APN: 666-370-032 .........................................................................................................9 Item Number: 5.
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SECTION 1.0 – INTRODUCTION
The City of Desert Hot Springs (City) 2040 General Plan Update addresses seven State mandated general plan elements (Land Use, Circulation, Housing, Safety, Conservation, Open Space, Noise), and two optional elements (Economic Development and Health and Wellness Element) that serve as a policy guide for determining the appropriate physical development, community services, and character of the City’s Planning Area. The General Plan Update includes the following chapters:
▪ Introduction
▪ Land Use and Community Design Element
▪ Housing Element
▪ Economic Development Element
▪ Mobility and Infrastructure Element
▪ Open Space and Community Resources Element
▪ Health and Wellness Element
▪ Safety and Noise Element
The City adopted the 2040 General Plan Update on May 26, 2020, after certifying the 2040 General Plan Update Environmental Impact Report (GPU EIR) (State Clearinghouse Number 2019080101).
1.1 PROJECT SUMMARY
The California Environmental Quality Act (CEQA) Guidelines require an EIR to include a statement briefly describing the intended uses of the EIR, including a list of agencies expected to use the EIR in their decision making, and the list of the permits and other approvals required to implement the Project.
The City of Desert Hot Springs will use this EIR Addendum to provide information on the potential environmental effects of the following proposed action(s)/proposed Project:
▪ The proposed Project consists of zone changes and concurrent General Plan Designation for the following parcels:
o APN: 656-150-003: Currently zoned as Residential Low (R-L) to change to Visitor Serving Commercial (VS-C) to allow spa use (vacant large lot with hot water well) General Plan Designation Visitor Serving Commercial (VS-C)
o APN: 641-091-021: Currently zoned as Residential Medium (R-M) to change to Mixed Use Corridor (MU-C) to allow auto repair shop (existing) General Plan Designation Mixed Use Corridor (MU-C)
o APN: 641-091-025: Currently zoned as Residential Medium (R-M) to change to MU-C to allow adjacent ARCO expansion (vacant lot) General Plan Designation Mixed Use Corridor (MU-C) o APN: 641-042-047: Currently zoned as Residential Medium (R-M) to change to D-C (Downton Commercial) to be consistent with current uses General Plan Designation Commercial (Com) o APN: 665-100-026: Currently zoned as Residential Rural Desert (R-RD) to change to I-L (Light Industrial). General Plan Designation Industrial (I)
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o APN: 666-370-032: Currently dual zoning as I-L/C-BP (Industrial-Energy Production) and Commercial Business Park (C-BP) to change to all I-L. General Plan Designation Industrial (I)
1.2 ENVIRONMENTAL REVIEW REQUIREMENTS
The City of Desert Hot Springs updated its General Plan to be consistent with State requirements. The General Plan is to account for development through the year 2040. The General Plan Update and EIR evaluated the long-term implementation of the General Plan Update and subsequent zoning code amendment (consistent with the Land Use and Community Design Element). The General Plan Update includes the area within the City boundaries and the Sphere of Influence.
Under Section 15164 of the CEQA Guidelines, an Addendum to an adopted EIR may be prepared to document changes to the EIR if only minor technical changes are necessary and if none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR are met. Circulation of the Addendum to an EIR is not required but can be included in or attached to the final EIR.
This Addendum to the General Plan EIR has been prepared based on the following:
No substantial changes are proposed in the Project which will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects.
No substantial changes would occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
No new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete shows any of the following:
A. The Project will have one or more significant effects not discussed in the previous EIR.
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative.
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The analysis of the proposed Project provided in this Addendum supports the conclusion that the proposed Project will not result in any new, significant impacts or any substantial increase in the severity of any of the significant impacts identified in the EIR. Additionally, no new information of substantial importance has been identified that indicates the proposed Project as currently proposed would result in Item Number: 5.
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any new, significant impacts or any substantial increase in the severity of the significant impacts identified in the General Plan Update and EIR. Furthermore, separate environmental analysis will be required for future development on the listed parcels.
This Addendum provides an update to the environmental analysis of the General Plan Update and EIR analyzes the impacts of the proposed Project and compares the environmental impacts of the proposed Project with impacts identified in the EIR.
1.3 BACKGROUND
The City of Desert Hot Springs is in Riverside County (County) in the northwestern portion of the Coachella Valley, north of the City of Palm Springs and south of the unincorporated community of Morongo Valley.
The City is a few miles south of the Riverside County/San Bernardino County boundary. The City is located near the interchange of the Interstate (I-) 10 freeway and State Route (SR-) 62.
The Planning Area consists of the corporate boundaries of the City of Desert Hot Springs and its Sphere of Influence. The City’s corporate boundaries total 30.5 square miles, and its Sphere of Influence (unincorporated Riverside County) totals 28.8 square miles for a total Planning Area of 59.3 square miles (GPU EIR 2020). The regional and local context of the proposed Project is identified in Figures 1 through Figure 4).
The GPU EIR was prepared and certified by the City of Desert Hot Springs to meet the environmental review requirements under the California Environmental Quality Act (CEQA). The GPU EIR addressed a series of related discretionary actions that made up the adoption of the General Plan Update.
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Figure 1: Project Location
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Figure 2: Parcel A – APN 641-042-047
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Figure 3: Parcel B – APN 641-091-021 & Parcel C – APN: 641-091-025 Item Number: 5.
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Figure 4: Parcel D – APN 656-150-003
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Figure 5: Parcel E – APN: 656-150-003
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Figure 6: Parcel F – APN: 666-370-032
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1.3.1 Areas of Potential Controversy
No areas of controversy were identified during the scoping process of the GPU EIR. However, areas of controversy have been identified during the preparation of the GPU EIR with respect to the following areas:
▪ Air Quality
▪ Greenhouse Gas
▪ Noise
▪ Transportation and Traffic
▪ Utilities
1.4 PROPOSED PROJECT
The City intends to revise the existing land use and zoning designations for the following parcels to make consistent the existing uses with their designations and to allow expanded development for commercial uses. Assessor’s Parcel Number (APN) 641-042-047 is a 0.30-acre parcel located at 12155 Palm Drive, west of Acoma Avenue and Palm Drive. As shown in Table 1, 641-042-047 is currently zoned as Residential Medium (R-M); and the City proposes to change the zoning to Downton Commercial (DC) to be consistent with current use as a parking lot (County 2021). APN 641-091-021 is a 0.15-acre parcel located at 66465 Flora Avenue, west of Flora Avenue and Palm Drive. Currently, the parcel is zoned as Residential Medium (R-M); and the City proposes to change the zoning to Mixed Use Corridor (MU-C) to be consistent with the existing auto repair shop (County 2021). APN 641-091-025 is a 0.15-acre parcel located northwest of Granada Avenue and Palm Drive. The parcel is currently zoned as Residential Medium (R-M); and the City proposes to change the zoning to MU-C to allow for expansion of the existing, neighboring gas station (County 2021). APN 656-150-003 is a 5.06-acre parcel located west of Whitney Court and Mountain View Road. The parcel is currently zoned as Residential Low (R-L) and the City proposes to change the zoning to Visitor Serving Commercial (VS-C) to allow for development of a spa, which would involve a large vacant lot with a hot water well (County 2021). Existing and proposed land uses and zones are summarized in Table 1 for each of these parcels.
Table 1: Existing and Proposed Zoning and Land Uses
APN Number Approximate
Size (Acres)
Existing
Zoning Existing Land Use Proposed Zone Change Proposed Land Use 641-042-047 0.30 R-M Parking Lot D-C Parking Lot (Com)
641-091-021 0.15 R-M Auto Repair Shop MU-C
Auto Repair Shop
(MU-C)
641-091-025 0.15 R-M Vacant Land MU-C Gas Station (MU-C) 656-150-003 5.06 R-L Vacant Land VS-C Spa (V-S)
665-100-026 2.52 R-RD Vacant Land I-L Warehouse (I)
666-370-032 102.20 I-E/C-BP Vacant Land I-L Warehouse (I) Item Number: 5.
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For the purposes of this Addendum, the parcels shall be referenced hereinafter as the following for ease of review and reference:
▪ APN 641-042-047: Parcel A
▪ APN 641-091-021: Parcel B
▪ APN 641-091-025: Parcel C
▪ APN 656-150-003: Parcel D
▪ APN 665-100-026: Parcel E
▪ APN 666-370-032: Parcel F
1.4.1 Environmental Setting
Parcel A
The approximately 0.30-acre parcel is located southwest of the intersection of Acoma Avenue and Palm Drive. The surrounding parcels are zoned and designated by the City’s General Plan as General Commercial (G-C) to the east, R-M to the west and south, and Mixed-Use Neighborhood (MU-N) and G-C to the north (City 2020b; County 2021). Existing surrounding land uses include a commercial business plaza to the east, a vacant dirt lot to the south, and a single-family residence to the west. Across Acoma Avenue to the north of the parcel are five to 10 residential apartment units and a restaurant. The existing parking lot on Parcel A is paved and landscaped. The lot offers approximately 25 parking spaces separated by a median in the middle of the site. The parking lot has two entrances from Acoma Avenue, and the outer boundary of the lot is enclosed by a concrete masonry wall.
Parcel B
The approximately 0.15-acre parcel is located southwest of the intersection of Flora Avenue and Palm Drive. The surrounding parcels are zoned and designated by the General Plan as Mixed-Use Corridor (MUC) to the east and R-M to the north, west, and south (City 2020b; County 2021). Existing surrounding land uses include an ARCO gas station to the east and vacant dirt lots to the south and west. Across Flora Avenue to the north of the parcel is a residential fourplex. The existing business on Parcel B is Aranda’s Tire & Truck Repair, which includes an auto repair shop with four bays and an office. A small parking area is located in front of the office, closest to Flora Avenue. The business has one entrance from Flora Avenue, and the outer boundary of the parcel is enclosed by a concrete masonry wall and chain-link fence with a gate.
Parcel C
The approximately 0.15-acre parcel is located northwest of the intersection of Granada Avenue and Palm Drive. The surrounding parcels are zoned and designated by the General Plan as Mixed-Use Corridor (MUC) to the east and R-M to the north, west, and south (City 2020b; County 2021). Existing surrounding land uses include Aranda’s Tire & Truck Repair to the north, an ARCO gas station to the east, and a single-family residence to the west. Across Granada Avenue to the south of the parcel is another vacant dirt lot. Parcel C is a vacant dirt lot with sparse, disturbed vegetation. The eastern and western boundaries of the parcel are enclosed by a concrete masonry wall, the northern boundary is enclosed by a chain-link fence, and the southern side of the parcel is open to Granada Avenue.
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Parcel D
The approximately 5.06-acre vacant parcel is located west of Whitney Court and Mountain View Road.
The surrounding parcels are zoned and designated by the General Plan as R-L to the north, east, and south and VS-C to the west (City 2020b; County 2021). Existing surrounding land uses include single-family residences to the north and east and vacant dirt lots to the south and west. Parcel D is also a vacant dirt lot with a rock drainage channel crossing from the northern to the southern portion of the lot. The northern and eastern sides of the parcel have been previously disturbed with tire tracks, while the remainder of the parcel is undisturbed and covered with sparse vegetation. The parcel has two entrances from Yexa Road and Quinta Way. The parcel boundary is enclosed by a concrete masonry wall on the eastern side and is enclosed on the northern side by chain-link and iron fencing with gates.
Parcel E
The approximately 2.52-acre vacant parcel is located north of 16th Avenue, east of Atlantic Avenue and is directly north at the intersection of 16th Avenue and Angela Drive. The surrounding parcels are zoned and designated by the General Plan as R-RD to the east and north, I-L to the west, and R-L to the south (City 2020b; County 2021). Existing surrounding land uses include residences to the east and south. Vacant land border Parcel E to the north and west. Parcel E is located immediately east of 65640 16th Avenue, a singlefamily dwelling on approximately 2.51-acre fenced parcel. Parcel E contains utility poles lining the northern and southern portion of the parcel. A dirt roadway crosses through Parcel E that connects the adjacent residential property from the east to Atlantic Avenue to the west.
Parcel F
The approximately 102.20-acre vacant parcel is located north of 20th Avenue, east of Indian Canyon Drive, and west of Little Morongo Road. The surrounding parcels are zoned and designated by the General Plan as I-E (Industrial-Energy Production) to the west, commercial to the south, and lands designated to the Desert Harvest Specific Plan to the north and west. Interstate 10 is located south of 20th Avenue by approximately 600 feet. A dry channel intersects from the north to south of the parcel. Existing surrounding land uses are predominantly vacant lands. Industrial and commercial facilities are located west/northwest of Parcel F that include a gas station, commercial plaza, cultivation facility, and on- and off-ramps to Interstate 10.
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SECTION 2.0 – IMPACT ANALYSIS
2.1 OVERVIEW
The following analysis includes separate subsections for each environmental topic addressed in the GPU EIR. Each section will present any change in the environmental setting related to each topic as well as the information and conclusions developed in the GPU EIR. This is then followed by analysis of the potential environmental effects of the proposed Project. For each topic, a determination is also made on whether the proposed Project would result in any new, significant impacts or any substantial increase in the severity of the impacts identified in the GPU EIR. The mitigation measures identified in the GPU EIR are also updated as needed to address the proposed Project.
2.2 AESTHETICS
A. Has a substantial adverse effect on a scenic vista?
GPU EIR Analysis:
The GPU EIR notes that implementation of the GPU could obstruct the views of the Mt. San Jacinto range and Little San Bernardino Mountains to the residents in the central portion of the planning area, where most development would be located. To prevent impacts to scenic vistas, the City has implemented low-density residential and hillside guidelines for development along these areas within the City. This would also require preservation of the natural habitat and desert washes in specified building sites. Relevant guidelines and policies include the following to preserve scenic vistas and maintain development standards, as well as protect the dark sky resources to limit the amount and type of lighting with new developments.
▪ LU-2.3 Consistent Development
▪ LU-10.5 Preserve Hillside Aeras
▪ LU-13.2 Appropriate Architectural Design
▪ LU-13.9 Community Image
▪ OS-7.2 Nighttime Views
▪ OS-7.8 Scenic Vistas
▪ OS-7.9 Hillside Guidelines
▪ OS-7.10 Dark Sky Regulations
With implementation of these City guidelines and standards for development on the hillsides and ridgelines within the City, impacts to scenic vistas would be less than significant.
Proposed Project Analysis:
Scenic views and the environmental setting for each of the parcels are discussed above in Section 1.4.
Parcels A, B, and C are located within the urbanized areas of the City along Palm Drive, a major corridor in the City. While vacant parcels occur along Palm Drive, these parcels have been previously disturbed and are potential locations for additional development. The users of Parcels A, B, and C have some views of the mountains to the north. However, because of the developed nature of the area, the views are currently obstructed by nearby development and are partially obstructed with palm trees along Palm Drive. Parcel A is an existing parking lot and Parcel B is an existing auto repair shop; therefore, Item Number: 5.
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no development is proposed and no changes to the scenic vista of this area are expected. Parcel C is a vacant property that is proposed to be used to expand the existing gas station. The vacant lot is currently surrounded by a single-family residence to the west, Parcel B to the north, and a gas station to the east. The expansion of the gas station would not create a significant change to the scenic vista of the area. Therefore, impacts to a scenic vista would be less than significant.
Parcel D is located in the southeastern portion of the City and is a vacant parcel adjacent to a singlefamily neighborhood. The existing residences have partial views of the mountain ranges from all four quadrants, north, south, east, and west. Future development of Parcel D would minimally intrude upon the scenic vista as it would comply with the City’s development guidelines. Furthermore, any future development on Parcel D will require a separate environmental analysis to determine the potential impacts as it would be contingent on the type of development that would occur on site.
Impacts to a scenic vista would be less than significant.
Parcel E is located in the southeastern portion of the City, north of 16th Avenue, and is a vacant parcel adjacent to single-family residences to the north and south. The existing residences have unobstructed views of the mountain ranges from the north and west. Some mountain views are obstructed with the housing south of 16th Avenue and along 16th Avenue to the east. Future development of Parcel E would minimally intrude upon the scenic vista as it would comply with the City’s development guidelines. Furthermore, any future development on Parcel E will require a separate environmental analysis to determine the potential impacts as it would be contingent on the type of development that would occur on site. Impacts to a scenic vista would be less than significant.
Parcel F is located in the very southern portion of the City, just north of Interstate 10. The parcel is vacant surrounded by dominantly vacant land, with commercial development at the northwest corner of the site. The existing commercial development has unobstructed views of the mountain ranges to the east, but mountain views are obstructed with more commercial development to the north and west, and Interstate 10 to the south. Future development of Parcel F would minimally intrude upon the scenic vista as it would comply with the City’s development guidelines. Furthermore, any future development on Parcel F will require a separate environmental analysis to determine the potential impacts as it would be contingent on the type of development that would occur on site. Impacts to a scenic vista would be less than significant.
Overall, adherence to the City’s guidelines and standards for development, impacts would be less than significant and no substantial change from the previously analysis would result.
B. Substantially damages scenic resources, including but not limited to trees, rock outcroppings, or historic buildings within a state scenic highway?
GPU EIR Analysis:
The GPU EIR identified that potential development in proximity to SR-62 could have an impact on scenic views and vistas, including the potential for new, large, billboard-style sign. Projects that may require the installation of a billboard would require compliance with the City’s LU-13.11 Natural Landforms policy and Chapter 17.45 of the City’s Municipal Code to avoid detracting from the scenic views. However, it was determined that the proposed GPU was not expected to include development that would result in damaging scenic resources or historic buildings in proximity to a state scenic highway in Policy OS-7.1 Scenic Corridors (City 2020a).
Item Number: 5.
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Proposed Project Analysis:
According to the California Department of Transportation (Caltrans) State Scenic Highway System Map, State Route 74 and the Twenty-Nine Palms Highway (SR-62) are eligible and officially designated highways respectively (Caltrans 2018). The proposed Project is located 5 to 6 miles east of the eligible and designated highways. Parcels A and B are currently developed and operating as a parking lot and auto repair shop with existing operations to continue. Parcels C, D, E, and F are currently vacant.
Therefore, the proposed Project would not result in a significant impact to scenic resources or historic buildings within a state scenic highway, and no substantial change from the previous analysis would be required.
C. In non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? GPU EIR Analysis:
The proposed GPU was developed and designed to protect and enhance the visual character of the communities by proposing policies that relate to the compatibility of new development to be visually and functionally compatible with the established development. The policies proposed include:
▪ Municipal Code Chapter 17.08
▪ Policy LU-1.3 Compatibility
▪ Policy LU-2.3 Consistent Development
▪ Policy LU-11.1 Efficient Land Use Patterns
▪ Policy LU-13.10 Visual Character
Compliance with these guidelines would result in less than significant impact to the visual character of the area and maintain the existing views in nonurbanized areas.
Proposed Project Analysis:
Parcels A, B, and C are located within the urbanized area of the City along Palm Drive. The intent of the proposed Project is to amend the existing zoning to be compatible with existing and future uses of these parcels. Parcels A and B are currently developed and functioning as a parking lot and auto repair shop, respectively. Parcel C is a vacant lot situated immediately west of an existing gas station that is proposed for expansion. Amending the zoning of these parcels would not conflict with applicable zoning or other regulations governing scenic quality because they are situated in a developed area of the City and would be visually and functionally compatible with the existing area.
Parcels D and E are vacant property surrounded by vacant lots and single-family residences. Parcel F is vacant and surrounded by dominantly vacant land. The intent of the proposed Project is to amend the existing zoning. Development on the parcel could result in an impact to the existing visual character. Parcels D, E, and F will each require a separate environmental analysis to determine the potential impacts as it would be contingent on the type of development that would occur on site. As part of the GPU, the City proposed specific guidelines for future development in order to maintain the design and theme of the developed areas of the City. Future development within the City must comply Item Number: 5.
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with the policies outlined in the GPU as it relates to development compatibility, efficacy of land use patterns, and visual character. With implementation of these guidelines for future development, the proposed Project would not result in significant impacts; and no substantial change from the previous analysis would be required.
D. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
GPU EIR Analysis:
Population growth has been considered under the GPU. To accommodate future population increases, it is expected the new developments would create a new source of light or glare that could affect day and nighttime views in the area. Future developments would require compliance to the policies outlined in Section 2.2 Part A to address night sky resources and lighting.
Chapter 17.40.140 of the City’s Municipal Code regulates outdoor lighting. Development in the City shall require the design of a project and construction of a project to minimize potential impacts of light and glare. The implementation of City policies and regulations during the design review and plan check procedures will ensure that new light and glare sources from future development shall be designed in a way that would minimize substantial light or glare on adjacent parcels.
Proposed Project Analysis:
Parcel A and B are existing developments and are not expected to cause substantial light and glare that would affect day or nighttime views. The parcels are currently functioning as a parking lot and auto repair shop. Amending the zoning code in these parcels would not create a new source of light or glare. The revision of the zoning code would make the existing uses on site be consistent with the City’s zoning code.
Parcel C is a vacant parcel that is immediately adjacent to an existing gas station. Sources of light in this parcel are from the adjacent residences, commuters along the roadways, traffic lights, lights from the auto repair shop on Parcel B to the north, and lights and glare from the existing gas station.
Amending the zoning code in Parcel C would allow the existing gas station to expand its operations into the vacant parcel. While the development of the parcel would create a new source of light and glare, the expansion will require compliance with the City’s policies and regulations to minimize potential impacts of light and glare to adjacent parcels. Furthermore, the existing area is currently developed and experiences various sources of light and glare throughout the day. The expansion of Parcel C is not expected to create a substantial source of light and glare with the implementation of the City’s code to regulate outdoor lighting.
Parcels D and E are vacant parcels surrounded by vacant lots and single-family residences. Sources of light and glare on these parcels are from the adjacent residences and drivers along nearby roads.
Parcel F is vacant and surrounded by dominantly undeveloped land, except for commercial development at the northwest corner. Sources of light and glare at this parcel are from drivers along nearby roads, including Interstate 10, and commercial development in the vicinity. Amending the zoning for the parcels would not result in substantial light or glare. However, development of the sites could result in the creation of new temporary and permanent sources of light and glare to the neighboring residences. Parcels D, E, and F will each require a separate environmental analysis to Item Number: 5.
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determine the potential impacts relating to light and glare as it would be contingent on extent of the development that would occur on site. Development shall require compliance with the City’s code to regulate outdoor lighting as well as compliance with the GPU policies to address night sky resources and lighting. With implementation of the City guidelines in addressing impacts of light and glare, the proposed Project would not result in significant impacts; and no substantial change from the previous analysis would be required.
Cumulative Effects:
Based on the GPU policies outlined in the GPU EIR, the policies are designed to protect aesthetic and visual resources, thereby reducing the potential of environmental damage associated with development under the GPU. As result, a cumulatively considerable contribution to a significant cumulative impact with regard to aesthetics would not occur. The proposed Project would comply with the policies and guidelines outlined in the GPU to protect the aesthetic and visual resources of the City. Future development would require complying with the City’s policies for light and glare, including potential impacts to night sky resources.
2.3 AGRICULTURAL AND FORESTRY RESOURCES
Discussion
A. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
GPU EIR Analysis:
The GPU EIR identified that the City does not contain any land identified as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance, by the California Department of Conservation. According to the GPU EIR, only small-scale commercial outdoor agricultural uses have historically occurred within the City. The proposed Land Use and Community Design Element of the GPU does not contain any goals or policies pertaining to the use of farmland, as no impacts resulting from the GPU were anticipated.
Proposed Project Analysis:
The proposed Project would not involve revising land uses from agricultural to nonagricultural uses.
No designated farmlands are located within the proposed Project, and the proposed developments would not result in impacting any prime or unique farmlands or Farmland of Statewide Importance.
The proposed Project would not result in significant impacts, and no substantial change from the previous analysis would be required.
B. Conflict with existing zoning for agricultural use, or a Williamson Act contract? GPU EIR Analysis:
The GPU EIR states the City does not contain any Williamson Act land and therefore concludes that no impacts to Williamson Act land would occur with implementation of the GPU.
Item Number: 5.
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Proposed Project Analysis:
As discussed in the GPU EIR, the City does not contain any Williamson Act lands; and, therefore, the proposed Project would not conflict with zoning for agricultural use or a Williamson Act contract. The proposed Project would not result in significant impacts, and no substantial change from the previous analysis would be required.
C. Conflict with existing zoning for, or cause rezoning of forest land (as defined by Public Resources Code 12220(g)). Timberland (as defined by Public Resources Code Section 4526) or timberland zoned Timberland Production (as defined by Government Code Section? GPU EIR Analysis:
The GPU EIR notes that the City currently does not have any land zoned or utilized primarily for agricultural or forestry purposes. Additionally, the GPU EIR states no lands are identified as Timberland in the City. The proposed Land Use and Community Design Element of the GPU does not contain any goals or policies pertaining to forest land or timberland zoned areas, as no impacts are anticipated to result from the GPU.
Proposed Project Analysis:
As discussed in the GPU EIR, the City does not have land zoned or utilized for agricultural or forestry purposes. The proposed Project does not contain any lands for forest or timberland uses. The proposed Project would not result in significant impacts, and no substantial change from the previous analysis would be required.
D. Result in the loss of forest land or conversion of forest land to non-forest use? GPU EIR Analysis:
As discussed above, the GPU EIR determines that the City does not have any land zoned or utilized primarily for agricultural or forestry purposes. Therefore, adoption of the GPU would not convert lands zoned primarily for agricultural or forestry, and no impacts would result.
Proposed Project Analysis:
The proposed Project does not contain any forest lands, as noted in the GPU EIR. Therefore, the proposed Project would not result in significant impacts, and no substantial change from the previous analysis would be required.
E. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use or conversion of forest land to non-forest use?
GPU EIR Analysis:
As previously mentioned, the GPU EIR states that the City does not have any land zoned or utilized primarily for agricultural or forestry purposes and would not convert lands zoned primarily for Item Number: 5.
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agricultural or forestry. Therefore, the GPU would not result in impacts regarding the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use.
Proposed Project Analysis:
As discussed, the proposed Project does not contain any lands that could be used for farmland or forestry purposes. As discussed in the GPU EIR, the City does not have lands zoned for agricultural or forestry purposes. Therefore, the proposed Project would not result in significant impacts, and no substantial change from the previous analysis would be required.
F. Would the project cause substantial adverse cumulative impacts with respect to agricultural and forest resources?
GPU EIR Analysis:
The City does not have any agricultural and/or forest resources. As such, the GPU EIR determined no cumulative impacts with respect to these resources would occur. As discussed, neither the proposed Project nor the City has any lands designated for agricultural or forest uses. The proposed Project does not include any land use changes or development that would affect agriculture or forest activities. As such, no cumulative impacts with respect to these resources would occur.
2.4 AIR QUALITY
Discussion
A. Conflict with or obstruct implementation of the applicable air quality plan? GPU EIR Analysis:
The GPU EIR concludes that under predicted 2040 growth conditions, the GPU would be inconsistent with the growth forecasts of the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016 RTP/SCS) adopted by the Southern California Association of Governments’ (SCAG’s) Regional Council and could result in construction and operational emissions that exceed the South Coast Air Quality Management District’s (SCAQMD’s) recommended regional CEQA thresholds. Since potential growth under the GPU would be inconsistent with current air quality management plan projections and could lead to construction and operational emissions that exceed SCAQMD regional CEQA thresholds, the GPU could increase the frequency and/or severity of air quality violations in the Coachella Valley or otherwise impede attainment of air quality standards, particularly national and State ozone and respirable particulate matter less than 10 microns in diameter (PM10) standards. The GPU proposes a number of policies to guide the City’s evaluation of development proposals and inform CEQA as they relate to air quality. These policies include:
▪ Policy LU-1.4: Sustainability
▪ Policy LU-1.5: Reduce Vehicular Trips and Miles Traveled ▪ Policy MI-5.1: Reduce Vehicle Miles Traveled
▪ Policy MI-5.2: Sustainable Transportation and Land Use Strategies ▪ Policy MI-5.3: Clean Vehicles
▪ Policy MI-5.4: Traffic Mitigation
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▪ Policy MI-9.1: Intelligent Transportation Systems
▪ Policy MI-10.2: Expand Funding
▪ Policy MI-10.4: Mitigation Fees
▪ Policy MI-10.11: Reduce Energy
▪ Policy MI-10.12: Energy Efficiency
▪ Policy MI-10.14: Infrastructure Planning
▪ Policy OS-1.1: Natural Habitat and Washes
▪ Policy OS-2.1: Air Pollution Reduction
▪ Policy OS-2.3: Minimize Air Quality Impacts
▪ Policy OS-2.4: Air Quality Goals
▪ Policy OS-2.5: Education Programs
▪ Policy OS-2.6: Alternative Fuels
▪ Policy OS-2.7: Coordination
▪ Policy OS-4.4: Solar Energy Systems
▪ Policy OS-4.5: Solar Farms
▪ Policy OS-4.6: City Vehicle Replacement
▪ Policy OS-6.1: Sustainable Construction
▪ Policy OS-6.2: Green Building
Additionally, the GPU EIR proposes the following mitigation measures to reduce emissions of greenhouse gas (GHG) and criteria air pollutants from area, energy, and mobile sources operating in the City. Nonetheless, even with the inclusion of policies and mitigation measures to reduce emissions resulting from the GPU, impacts were determined to be significant and unavoidable. ▪ Policy AQ-2A (Super Compliant Architectural Coatings) ▪ Policy AQ-2B (Tier IV Construction Equipment)
▪ Policy GHG-1A (CALGreen Code)
▪ Policy GHG-1B (electricity provider)
▪ Policy GHG-1C (Chapter 15.08 amendment to the municipal code) ▪ Policy GHG-1D (Multimodal Mobility Plan)
Proposed Project Analysis:
SCAQMD Air Quality Management Plan
CEQA requires a discussion of any inconsistencies between a proposed Project and applicable General Plans and regional plans (CEQA Guidelines Section 15125). The regional plan that applies to the Proposed Project includes the SCAQMD Air Quality Management Plan (AQMP). Therefore, this section discusses any potential inconsistencies of the proposed Project with the AQMP.
The purpose of this discussion is to set forth the issues regarding consistency with the assumptions and objectives of the AQMP and discuss whether the proposed Project would interfere with the region’s ability to comply with Federal and State air quality standards. If the decision-makers determine that the proposed Project is inconsistent, the lead agency may consider project modifications or inclusion of mitigation to eliminate the inconsistency.
The SCAQMD CEQA Handbook states that "New or amended GP Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency Item Number: 5.
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with the AQMP." Strict consistency with all aspects of the plan is usually not required. A projectshould be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency:
(1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. (2) Whether the project will exceed the assumptions in the AQMP or increments based on the year of project buildout and phase.
Both criteria are evaluated in the following sections.
Criterion 1 - Increase in the Frequency or Severity of Violations? Based on the air quality modeling analysis contained in the Air Quality and Greenhouse Gas Report (Appendix B), short-term regional construction air emissions would not result in significant impacts based on SCAQMD regional thresholds of significance discussion or local thresholds of significance.
The ongoing operation of the proposed Project would generate air pollutant emissions that are inconsequential on a regional basis and would not result in significant impacts based on SCAQMD thresholds of significance discussed in Section 9.1 of Appendix B. The analysis for long-term local air quality impacts showed that local pollutant concentrations would not be projected to exceed the air quality standards. Therefore, a less than significant long-term impact would occur and no mitigation would be required.
Therefore, based on the information provided above, the proposed Project would be consistent with the first criterion.
Criterion 2 - Exceed Assumptions in the AQMP?
Consistency with the AQMP assumptions is determined by performing an analysis of the proposed Project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed Project are based on the same forecasts as the AQMP. The AQMP is developed through use of the planning forecasts provided in the RTP/SCS and FTIP. The RTP/SCS is a major planning document for the regional transportation and land use network within Southern California. The RTP/SCS is a long-range plan that is required by federal and state requirements placed on SCAG and is updated every four years. The FTIP provides long-range planning for future transportation improvement projects that are constructed with state and/or federal funds within Southern California. Local governments are required to use these plans as the basis of their plans for the purpose of consistency with applicable regional plans under CEQA. For this Project, the City of Desert Hot Spring General Plan’s Land Use Plan defines the assumptions that are represented in AQMP.
The City intends to revise the existing land use and zoning designations for six parcels to make consistent the existing uses with their designations, and to allow expanded development for commercial and industrial uses. Since no changes would occur to two of the parcels and due to the limited size of the commercial development allowed on the two parcels that may result in new development as part of the proposed Project, the proposed Project is not anticipated to exceed the Item Number: 5.
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AQMP assumptions for the project sites and is found to be consistent with the AQMP for the second criterion.
Based on the above, the proposed Project will not result in an inconsistency with the SCAQMD AQMP.
Therefore, a less than significant impact will occur in relation to implementation of the AQMP.
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? GPU EIR Analysis:
The GPU EIR concluded that growth and future development supported by the GPU would generate short-term construction and long-term operational emissions of regulated air pollutants such as reactive organic gases (ROG), oxidized nitrogen compounds (NOX), carbon monoxide (CO), and particulate matter (PM10). Short-term criteria pollutant emissions would occur during demolition, site preparation, grading, building construction, paving, and architectural coating activities associated with specific new development projects. Emissions would also occur from use of equipment; worker, vendor and hauling trips; and disturbance of onsite soils (fugitive dust).
Long-term regional emissions of criteria air pollutants would be associated with the operation of area sources, energy sources, and mobile sources. Area source emissions are the result of many small emissions sources such as landscaping equipment, consumer products, and painting operations; energy source emissions include natural gas combustion for heating and other purposes; and mobilesource emissions are based on the daily vehicle trips.
To reduce potential construction emissions to levels below SCAQMD thresholds, the City would require development projects to implement Mitigation Measure AQ-2A and Mitigation Measure AQ-2B. Implementation of these mitigation measures would reduce impacts associated with construction emissions to a less than significant level. Mitigation Measures GHG-1A, GHG-1B, GHG-1C, and GHG-1D would reduce emissions from area, energy, and mobile sources operating within the City; however, the GPU EIR found impacts would be significant and unavoidable even with the incorporation of feasible mitigation measures.
Proposed Project Analysis:
The proposed Project would not 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 following section calculates the potential air emissions associated with the construction and operations of the proposed Project and compares the emissions to the SCAQMD standards.
Construction Emissions
The construction activities that may occur from implementation of the proposed Project have been calculated based on the parameter detailed in the Air Quality Report CalEEMod model. The construction emissions have been analyzed for both regional and local air quality impacts that are discussed below.
Item Number: 5.
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Construction-Related Regional Impacts
The worst-case summer and winter daily construction-related criteria pollutant emissions from the proposed Project construction activities are shown in Table M of Appendix B with implementation of Mitigation Measures AQ-2A and AQ-2B from the General Plan Update FEIR. The data shows that none of the analyzed criteria pollutants would exceed the regional thresholds from construction activities that may occur from implementation of the proposed Project. Therefore, less than significant regional air quality impact would occur from construction of the proposed Project.
Construction-Related Local Impacts
Construction-related air emissions may have the potential to exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin.
The local air quality emissions from construction were analyzed through utilizing the methodology described in Localized Significance Threshold Methodology (LST Methodology), prepared by SCAQMD, revised October 2009. The LST Methodology found the primary criteria pollutant emissions of concern are NOx, CO, PM10, and PM2.5. In order to determine if any of these pollutants require a detailed analysis of the local air quality impacts, each phase of construction was screened using the SCAQMD’s Mass Rate LST Look-up Tables. The Look-up Tables were developed by the SCAQMD in order to readily determine if the daily onsite emissions of CO, NOx, PM10, and PM2.5 from the proposed Project could result in a significant impact to the local air quality.
Table N of Appendix B shows the onsite emissions from the CalEEMod model for the different construction phases and the calculated localized emissions thresholds that have been detailed in the Air Quality Report. The data shows that none of the analyzed criteria pollutants would exceed the local emissions thresholds during either site preparation, grading, building construction, paving, or architectural coatings phases. Therefore, a less than significant local air quality impact would occur from construction activities associated with the proposed Project.
Operational Emissions
The on-going operation of the proposed Project would result in a long-term increase in air quality emissions. This increase would be due to emissions from the project-generated vehicle trips, emissions from energy usage, onsite area source emissions created from the on-going use of the proposed Project. The following section provides an analysis of potential long-term air quality impacts due to regional air quality and local air quality impacts with the on-going operations of the proposed Project.
Operations-Related Regional Criteria Pollutant Analysis The operations-related regional criteria air quality impacts created by the six parcels based on the existing land use designations have been analyzed through use of the CalEEMod model and are summarized in Table O of Appendix B. Table O also shows the operations-related regional criteria air quality impacts created by the operation of the six parcels with adoption of the proposed Project and the daily emissions printout. The data shows that adoption of the proposed Project would result in less operational criteria pollutant emissions than what would occur from buildout of the six parcels Item Number: 5.
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under the existing land use designations. Therefore, operation of the proposed Project would not exceed the SCAQMD thresholds of significance for criteria pollutants and a less than significant regional air quality impact would occur from operation of the proposed Project.
In Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 (also referred to as “Friant Ranch”), the California Supreme Court held that when an EIR concluded that when a project would have significant impacts to air quality impacts, an EIR should “make a reasonable effort to substantively connect a project’s air quality impacts to likely health consequences.” In order to determine compliance with this Case, the Court developed a multi-part test that includes the following:
1) The air quality discussion shall describe the specific health risks created from each criteria pollutant, including diesel particulate matter.
This analysis details the specific health risks created from each criteria pollutant in the Air Quality Report, specifically in Table C. In addition, the specific health risks created from diesel particulate matter is detailed above in Section 2.2 of the Air Quality Report. As such, this analysis meets the part 1 requirements of the Friant Ranch Case.
2) The analysis shall identify the magnitude of the health risks created from the Project. The Ruling details how to identify the magnitude of the health risks. Specifically, on page 24 of the ruling it states “The Court of Appeal identified several ways in which the EIR could have framed the analysis so as to adequately inform the public and decision makers of possible adverse health effects. The County could have, for example, identified the Project’s impact on the days of nonattainment per year.”
The Friant Ranch Case found that an EIR's air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided. As noted in the Brief of Amicus Curiae by the SCAQMD in the Friant Ranch case (https://www.courts.ca.gov/documents/9-s219783-ac-south-coast-air-quality-mgt-dist041315.pdf) (Brief), SCAQMD has among the most sophisticated air quality modeling and health impact evaluation capability of any of the air districts in the State, and thus it is uniquely situated to express an opinion on how lead agencies should correlate air quality impacts with specific health outcomes. The SCAQMD discusses that it may be infeasible to quantify health risks caused by projects similar to the proposed Project, due to many factors.
It is necessary to have data regarding the sources and types of air toxic contaminants, location of emission points, velocity of emissions, the meteorology and topography of the area, and the location of receptors (worker and residence). The Brief states that it may not be feasible to perform a health risk assessment for airborne toxics that will be emitted by a generic industrial building that was built on "speculation" (i.e., without knowing the future tenant(s)). Even where a health risk assessment can be prepared, however, the resulting maximum health risk value is only a calculation of risk, it does not necessarily mean anyone will contract cancer as a result of the Project. The Brief also cites the author of the CARB methodology, which reported that a PM2.5 methodology is not suited for small projects and may yield unreliable results. Similarly, SCAQMD staff does not currently know of a way to accurately quantify ozone-related health impacts caused by NOX or VOC emissions from relatively small projects, due to photochemistry and regional model limitations. The Brief concludes, with respect to the Friant Ranch EIR, that although it may have been technically possible to plug the data into a methodology, the results would not have been reliable or meaningful.
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On the other hand, for extremely large regional projects (unlike the proposed Project), the SCAQMD states that it has been able to correlate potential health outcomes for very large emissions sources – as part of their rulemaking activity, specifically 6,620 pounds per day of NOx and 89,180 pounds per day of VOC were expected to result in approximately 20 premature deaths per year and 89,947 school absences due to ozone. As shown in Table M of Appendix B, project-related construction activities would generate a maximum of 35.71 pounds per day of VOC and 76.04 pounds per day of NOx and in Table O, operation of the proposed Project would generate 100.47 pounds per day of VOC and 30.80 pounds per day NOx. The proposed Project would not generate anywhere near these levels of 6,620 pounds per day of NOx or 89,190 pounds per day of VOC emissions. Therefore, the proposed Project’s emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin-wide level.
Notwithstanding, this analysis does evaluate the proposed Project’s localized impact to air quality for emissions of CO, NOx, PM10, and PM2.5 by comparing the proposed Project’s onsite emissions to the SCAQMD’s applicable LST thresholds. As evaluated in this analysis, the proposed Project would not result in emissions that exceeded the SCAQMD’s LSTs. Therefore, the proposed Project would not be expected to exceed the most stringent applicable federal or state ambient air quality standards for emissions of CO, NOx, PM10, and PM2.5.
Operations-Related Local Air Quality Impacts
Project-related air emissions may have the potential to exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin. The proposed Project has been analyzed for the potential local CO emission impacts from the project-generated vehicular trips and from the potential local air quality impacts from on-site operations. The following analyzes the vehicular CO emissions and local impacts from on-site operations.
Local CO Hotspot Impacts from Project-Generated Vehicular Trips CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential local air quality impacts. Local air quality impacts can be assessed by comparing future without and with project CO levels to the State and Federal CO standards of 20 ppm over one hour or 9 ppm over eight hours.
At the time of the 1993 Handbook, the Air Basin was designated nonattainment under the CAAQS and NAAQS for CO. With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations in the Air Basin and in the state have steadily declined. In 2007, the Air Basin was designated in attainment for CO under both the CAAQS and NAAQS. SCAQMD conducted a CO hot spot analysis for attainment at the busiest intersections in Los Angeles during the peak morning and afternoon periods and did not predict a violation of CO standards. Since the nearby intersections to the proposed Project are much smaller with less traffic than what was analyzed by the SCAQMD, no local CO Hotspot are anticipated to be created from the proposed Project and no CO Hotspot modeling was performed. Therefore, a less than significant longterm air quality impact is anticipated to local air quality with the on-going use of the proposed Project.
Local Criteria Pollutant Impacts from Onsite Operations Item Number: 5.
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Project-related air emissions from onsite sources such as architectural coatings, landscaping equipment, and onsite usage of natural gas appliances may have the potential to create emissions areas that exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin.
The local air quality emissions from onsite operations were analyzed using the SCAQMD’s Mass Rate LST Look-up Tables and the methodology described in LST Methodology. The Look-up Tables were developed by the SCAQMD in order to readily determine if the daily emissions of CO, NOx, PM10, and PM2.5 from the proposed Project could result in a significant impact to the local air quality. Table N shows the onsite emissions from the CalEEMod model that includes area sources, energy usage, and vehicles operating in the immediate vicinity of the project site and the calculated emissions thresholds. The data shows that the on-going operations of the proposed Project would not exceed the local NOx, CO, PM10 and PM2.5 thresholds of significance discussed above and in the Air Quality Report. Therefore, the on-going operations of the proposed Project would create a less than significant operations-related impact to local air quality due to onsite emissions and no mitigation would be required.
As detailed above, the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant. Impacts would be less than significant.
C. Expose sensitive receptors to substantial pollutant concentrations? GPU EIR Analysis:
According to the GPU EIR, growth projected to occur under the GPU could expose existing and new sensitive receptors to substantial concentrations of criteria air pollutants and Toxic Air Contaminant (TAC) emissions that pose adverse health effects. TAC emissions would be generated during both construction and operation of future development in the City, and growth would add new residential development in proximity to existing sources of emissions such as I-10, SR-62, and local stationary sources of emissions. The GPU EIR determined that construction-related activities would be shortterm and incremental through time and would occur at scattered locations throughout the City such that an individual receptor location would not be exposed to TAC emissions for a prolonged period of time. Moreover, the GPU EIR states it is not possible for the City to transform the mass increase in operational TAC emissions into quantifiable health risks; and total emissions from all onsite operational activities would be below the SCAQMD’s recommended threshold for a 1-acre project for all pollutants. The GPU also would not materially change the existing environmental risks present in the City. Thus, impacts regarding substantial pollutant concentrations are considered to be less than significant.
Proposed Project Analysis:
The proposed Project would not expose sensitive receptors to substantial pollutant concentrations.
The local concentrations of criteria pollutant emissions produced in the nearby vicinity of the proposed Project, which may expose sensitive receptors to substantial concentrations have been calculated in Section 10.3 of the Air Quality Report for both construction and operations, which are discussed separately below. The discussion below, and in further detail of the Air Quality Report, also includes an analysis of the potential impacts from toxic air contaminant emissions. There are singlefamily homes located adjacent to five out of six parcels.
Item Number: 5.
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Construction-Related Sensitive Receptor Impacts
Construction activities may expose sensitive receptors to substantial pollutant concentrations of localized criteria pollutant concentrations and from toxic air contaminant emissions created from onsite construction equipment, which are described below.
Local Criteria Pollutant Impacts from Construction
The local air quality impacts from construction of the proposed Project have been analyzed in Section
10.3 of the Air Quality Report and found that the construction of the proposed Project would not exceed the local NOx, CO, PM10 and PM2.5 thresholds of significance discussed above in Section 9.2.
Therefore, construction of the proposed Project would create a less than significant constructionrelated impact to local air quality and no mitigation would be required.
Toxic Air Contaminants Impacts from Construction
The greatest potential for toxic air contaminant emissions would be related to diesel particulate matter (DPM) emissions associated with heavy equipment operations during construction of the proposed Project. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of “individual cancer risk”. “Individual Cancer Risk” is the likelihood that a person exposed to concentrations of toxic air contaminants over a 70-year lifetime will contract cancer, based on the use of standard risk-assessment methodology. It should be noted that the most current cancer risk assessment methodology recommends analyzing a 30-year exposure period for the nearby sensitive receptors.
Given the relatively limited number of heavy-duty construction equipment, the varying distances that construction equipment would operate to the nearby sensitive receptors, and the short-term construction schedule, the proposed Project would not result in a long-term (i.e., 30 or 70 years) substantial source of toxic air contaminant emissions and corresponding individual cancer risk.
In addition, California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449 regulates emissions from off-road diesel equipment in California. This regulation limits idling of equipment to no more than five minutes, requires equipment operators to label each piece of equipment and provide annual reports to CARB of their fleet’s usage and emissions. This regulation also requires systematic upgrading of the emission Tier level of each fleet, and currently no commercial operator is allowed to purchase Tier 0 or Tier 1 equipment and by January 2023 no commercial operator is allowed to purchase Tier 2 equipment. In addition to the purchase restrictions, equipment operators need to meet fleet average emissions targets that become more stringent each year between years 2014 and 2023. By January 2022, 50 percent or more of all contractors’ equipment fleets must be Tier 2 or higher. Therefore, no significant short-term toxic air contaminant impacts would occur during construction of the proposed Project. As such, construction of the proposed Project would result in a less than significant exposure of sensitive receptors to substantial pollutant concentrations.
Operations-Related Sensitive Receptor Impacts
The on-going operations of the proposed Project may expose sensitive receptors to substantial pollutant concentrations of local CO emission impacts from the project-generated vehicular trips and from the potential local air quality impacts from onsite operations. The following analyzes the Item Number: 5.
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vehicular CO emissions. Local criteria pollutant impacts from onsite operations, and toxic air contaminant impacts.
Local CO Hotspot Impacts from Project-Generated Vehicle Trips CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are usually indicative of the local air quality generated by a roadway network and are used as an indicator of potential impacts to sensitive receptors. The analysis provided above and in Section 9.3 of the Air Quality Report shows that no local CO Hotspots are anticipated to be created at any nearby intersections from the vehicle traffic generated by the proposed Project. Therefore, operation of the proposed Project would result in a less than significant exposure of offsite sensitive receptors to substantial pollutant concentrations.
Local Criteria Pollutant Impacts from Onsite Operations The local air quality impacts from the operation of the proposed Project would occur from onsite sources such as architectural coatings, landscaping equipment, and onsite usage of natural gas appliances. The analysis provided in Section 10.3 of the Air Quality Report found that the operation of the proposed Project would not exceed the local NOx, CO, PM10 and PM2.5 thresholds of significance discussed above. Therefore, the on-going operations of the proposed Project would create a less than significant operations-related impact to local air quality due to on-site emissions and no mitigation would be required.
Operations-Related Toxic Air Contaminant Impacts
Particulate matter (PM) from diesel exhaust is the predominant TAC in most areas and according to The California Almanac of Emissions and Air Quality 2013 Edition, prepared by CARB, about 80 percent of the outdoor TAC cancer risk is from diesel exhaust. Some chemicals in diesel exhaust, such as benzene and formaldehyde have been listed as carcinogens by State Proposition 65 and the Federal Hazardous Air Pollutants program. Due to the nominal number of diesel truck trips that are anticipated to be generated by the on-going operation of the five of the six parcels, and due to the distance of the nearest sensitive receptors to APN 666-370-032 that has the potential to generate a large number of truck trips, a less than significant TAC impact would occur during the on-going operations of the proposed Project and no mitigation would be required.
Therefore, operation of the proposed Project would result in a less than significant exposure of sensitive receptors to substantial pollutant concentrations.
D. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
GPU EIR Analysis:
As presented in the GPU EIR, the GPU does not support land uses associated with odor complaints, including agricultural operations, wastewater treatment plants, landfills, and certain industrial operations such as manufacturing uses that produce chemicals or paper. The GPU would, however, result in increased construction activities, residential development, and cannabis cultivation expansion within the City. The GPU EIR concludes that although construction occurring within the City Item Number: 5.
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could produce odors from fuel combustion or solvents/paints used, these odors would be temporary, would quickly disperse, and would not affect a substantial number of people. Restaurant, commercial, and other potential operations that could generate odors are prohibited from emitting obnoxious odors or fumes pursuant to Municipal Code Section 17.40.190 and would not result in adverse effects on residential receptors. Further, pursuant to Municipal Code Section 5.50.150, cannabis facilities would be required to provide sufficient odor-absorbing ventilation and exhaust systems so that cannabis-related odors generated inside a facility are not detectable outside the facility. Impacts related to odors resulting from the GPU are therefore concluded to be less than significant.
Proposed Project Analysis:
The proposed Project would not create objectionable odors affecting a substantial number of people.
Individual responses to odors are highly variable and can result in a variety of effects. Generally, the impact of an odor results from a variety of factors such as frequency, duration, offensiveness, location, and sensory perception. The frequency is a measure of how often an individual is exposed to an odor in the ambient environment. The intensity refers to an individual’s or group’s perception of the odor strength or concentration. The duration of an odor refers to the elapsed time over which an odor is experienced. The offensiveness of the odor is the subjective rating of the pleasantness or unpleasantness of an odor. The location accounts for the type of area in which a potentially affected person lives, works, or visits; the type of activity in which he or she is engaged; and the sensitivity of the impacted receptor.
Sensory perception has four major components: detectability, intensity, character, and hedonic tone.
The detection (or threshold) of an odor is based on a panel of responses to the odor. There are two types of thresholds: the odor detection threshold and the recognition threshold. The detection threshold is the lowest concentration of an odor that will elicit a response in a percentage of the people that live and work in the immediate vicinity of the project site and is typically presented as the mean (or 50 percent of the population). The recognition threshold is the minimum concentration that is recognized as having a characteristic odor quality, this is typically represented by recognition by 50 percent of the population. The intensity refers to the perceived strength of the odor. The odor character is what the substance smells like. The hedonic tone is a judgment of the pleasantness or unpleasantness of the odor. The hedonic tone varies in subjective experience, frequency, odor character, odor intensity, and duration. Potential odor impacts have been analyzed separately for construction and operations below.
Construction-Related Odor Impacts
Potential sources that may emit odors during construction activities include the application of coatings such as asphalt pavement, paints and solvents and from emissions from diesel equipment.
Standard construction requirements that limit the time of day when construction may occur as well as SCAQMD Rule 1108 that limits VOC content in asphalt and Rule 1113 that limits the VOC content in paints and solvents would minimize odor impacts from construction. As such, the objectionable odors that may be produced during the construction process would be temporary and would not likely be noticeable for extended periods of time beyond the Project site’s boundaries. Through compliance with the applicable regulations that reduce odors and due to the transitory nature of construction odors, a less than significant odor impact would occur and no mitigation would be required.
Operations-Related Odor Impacts
Item Number: 5.
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The proposed Project would consist of the operation of six commercial parcels. Potential sources that may emit odors during the on-going operations of the proposed Project would primarily occur from odor emissions from the trash storage areas. Pursuant to City regulations, permanent trash enclosures that protect trash bins from rain as well as limit air circulation would be required for the trash storage areas. Through compliance with City trash storage regulations, a less than significant impact related to odors would occur during the on-going operations of the proposed Project.
E. Would the project cause substantial adverse cumulative impacts with respect to air quality? The GPU EIR describes that the growth that could occur under the GPU’s 2040 growth conditions would be inconsistent with the 2016 RTP/SCS growth forecasts and could result in construction (ROG and NOX) and operational (ROG, NOX, CO, PM10, and fine particulate matter less than 2.5 microns in diameter [PM2.5]) emissions that exceed the SCAQMD’s recommended regional CEQA thresholds.
Since potential growth under the GPU would be inconsistent with current air quality management plan projections and could lead to construction and operational emissions that exceed SCAQMD regional CEQA thresholds, the GPU could increase the frequency and/or severity of air quality violations in the Coachella Valley or otherwise impede attainment of air quality standards, particularly national and State ozone and PM10 standards.
The GPU proposes a number of policies to guide the City’s evaluation of development proposals and inform CEQA as they relate to air quality (See Impact A). Additionally, the GPU EIR proposes Mitigation Measures AQ-2A and AQ-2B and Mitigation Measures GHG-1A, GHG-1B, GHG-1C, GHG-1D and GHG1E to reduce emissions of GHG and criteria air pollutants from area, energy, and mobile sources operating in the City. As previously mentioned, the proposed Project impacts with regard to air quality would be less than significant with implementation of the policies and guidelines outlined in the GPU EIR. However, even with the inclusion of policies and mitigation measures to reduce emissions resulting from the GPU, cumulative impacts were determined to be significant and unavoidable.
2.5 BIOLOGICAL RESOURCES
Discussion
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 CDFW or USFWS.
GPU EIR Analysis:
The GPU EIR identified 25 special status plant species and 35 special status wildlife species within the City’s Planning Area. For future development projects on lands that may contain a suitable habitat for special status plant and wildlife species, it would be subject to the provisions of the federal, State, and local regulations, the GPU policies, as well as the mitigation measures outlined in the GPU EIR. These include measures BIO-1 (Biological Resources Assessment), BIO-2 (Special Status Plant and Wildlife Protection), and BIO-3 (Nesting Bird Avoidance) to reduce impacts to candidate, sensitive, and special status species to less than significant.
Item Number: 5.
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Proposed Project Analysis:
Parcels A and B are currently developed and function as an existing parking lot and auto repair shop, respectively. The proposed Project’s intention is to amend the existing zoning and land use designations to be consistent with the current uses. Because of the developed nature of Parcels A and B and because no construction is proposed on these parcels, the proposed Project is not anticipated to result in new, significant impacts to sensitive or candidate species.
Parcel C, while vacant, is situated within a developed area of the City between an existing gas station to the east, a single-family residence to the west, and Parcel B to the north. Per the GPU Policy OS1.5, a biological resources assessment will be prepared for development projects that occur on nonurban lands. While Parcel C is vacant, it is located within an urban setting with an area that experiences frequent disturbances from adjacent parcels. The lot is visibly disturbed and has scattered vegetation along with debris and trash. Because of the condition of Parcel C and incompliance with the GPU policy, the proposed Project would not result in new, significant impacts to sensitive or candidate species.
Parcel D is a vacant parcel immediately surrounded by single-family residences to the east and north and open spaces west and south. The parcel is partially disturbed, with the drainage channel located in the eastern area of the parcel. Because Parcel D is predominantly surrounded by open and vacant spaces and is not within a highly urbanized area of the City, any future development will require preparation of a biological resources assessment to comply with Policy OS-1.5 as well as the mitigation measures outlined in the GPU EIR. Therefore, amending the land use and zoning code of the parcels would not result in new, significant impact, and no substantial change from the previous GPU EIR would result.
Parcel E is vacant, with residences to the east and south and open space to the north and west. The parcel is partially disturbed due to existing utility poles lining the northern portion of the site and a dirt roadway crosses the northern half of the parcel and continues along the eastern edge. Parcel E is located within the southwestern corner of the Coachella Valley Multiple Species Habitat Conservation (CVMSHCP’s) Willow Hole Conservation Area. This Conservation Area contains Core Habitat, which are specific areas of habitat essential for certain species, for the Coachella Valley milkvetch, Coachella Valley fringe-toed lizard, the Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. Additionally, the Conservation Area contains suitable migration and breeding habitat for the riparian species covered by the CVMSHCP. All projects must comply with the CVMSHCP, which requires a payment of a mitigation fee in addition to complying with CVMSHCP policies. Any future development of Parcel E will also require preparation of a stand-alone biological resources assessment to comply with Policy OS-1.5, as well as the mitigation measures outlined in the GPU EIR (specifically BIO-1: Biological Resources Assessment and BIO-2: Special Status Plant and Wildlife Protection).
Moreover, future development would require application of the land use development regulations to limit the development within sensitive biological areas, including biological linkages and conservation areas in accordance with Policy OS-1.4. Therefore, by complying with the GPU policies to protect biological resources as well as the mitigation measures of the GPU EIR, the proposed Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.
Parcel F is undisturbed vacant land surrounded predominantly by open space. Considering Parcel F is currently undeveloped and borders open space on all sides, any future development will require preparation of a biological resources assessment to comply with Policy OS-1.5 as well as the mitigation Item Number: 5.
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measures outlined in the GPU EIR. Therefore, amending the land use and zoning code of the parcels would not result in new, significant impact, and no substantial change from the previous GPU EIR would result.
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 CDFW or USFWS.
GPU EIR Analysis:
Riparian habitats and other sensitive natural communities have the potential to occur, and implementation of the GPU could impact these habitats. The GPU outlines policies designed to protect and minimize adverse impacts to a riparian habitat and other sensitive natural communities. Any projects that may impact these communities will require the appropriate California Department of Fish and Wildlife (CDFW) permits prior to being issued a grading permit, should proposed Projects potentially impact riparian habitats and other sensitive natural communities. The GPU EIR outlines Mitigation Measures BIO-4 (Habitat Revegetation, Restoration, and/or Conservation) and BIO-5 (Groundwater Study) to reduce impacts to a less than significant level.
Proposed Project Analysis:
According to the National Wetlands Inventory (NWI) by the U.S. Fish and Wildlife, no mapped wetlands, riparian areas, or historic wetlands are within or in the immediate vicinity of Parcels A, B, C, D, and E. There is an intermittently flooded riparian drainage that passes through the center of Parcel F, but no mapped wetlands or historic wetlands are identified within the Parcel F boundaries (USFWS 2021). The proposed Project consists of revising the land use and zoning codes of the parcels to match the existing uses and to allow future use and development. These activities would not result in impacts to wetlands or riparian area. Further, future development of Parcels A through E would not impact any wetlands or existing or historic riparian areas. Development of Parcel F could result in potential impacts to existing riparian areas onsite. A 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) may be required for development associated with removal or disturbance to a riparian habitat and waters of the State, which would require the preparation and implementation of a vegetation mitigation and monitoring plan. Further, all projects must comply with the CVMSHCP, which requires development applicants to pay a mitigation fee and comply with related policies and regulations pertaining to the affected areas within the CVMSHCP. The GPU includes policies and implementation actions to protect and enhance sensitive habitat upon consideration of approval of new development and infrastructure improvements by the City. As such, compliance with regional and State requirements, combined with adoption and implementation of GPU EIR policies and implementation actions, would result in a less than significant impact.
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.
GPU EIR Analysis:
State and federally protected wetlands have the potential to occur within the City. The implementation of the GPU could potentially impact wetland locations. The GPU outlines policies designed to protect and minimize adverse impacts to wetlands. As such, any proposed development Item Number: 5.
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that would impact State or federally protected wetlands would be subject to the U.S. Army Corps of Engineers (USACE), CDFW, and Regional Water Quality Control Board (RWQCB) to avoid adverse impacts to waters and wetlands to the greatest extent possible. This would include a preparation of a wetland delineation report to define the limits of the jurisdictional waters, preparation of a USACE Section 401 Water Quality Certification and Section 404 pursuant to the Clean Water Act (CWA), and CDFW Section 1602 Lake and Streambed Alteration Agreement. Additionally, implementation of Mitigation Measures BIO-3 and BIO-4, along with compliance with the policies of the GPU to protect jurisdictional wetlands and water features, would result in less than significant impacts.
Proposed Project Analysis:
As discussed above, based on the USFWS NWI, the proposed Project does not contain any mapped wetlands (existing or historic) within or in the immediate vicinity of the proposed Project (USFWS 2020). Revising the land use and zoning codes of the parcels to match existing uses and allow future use and development would not result in new, significant impact to wetlands, and no substantial change from the previous analysis would be required.
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.
GPU EIR Analysis:
The City contains large areas of open spaces which, as identified by the GPU EIR, are defined as biological corridors and linkages by the CVMSHCP and/or Natural Landscape Blocks by the California Essential Habitat Connectivity Project (CEHC). The policies outlined in the GPU, as well as compliance with State and federal regulations and Mitigation Measures BIO-1 (Biological Resources Assessment) and BIO-2 (Special Status Plant and Wildlife Protection) would ensure that impacts to movement of native resident or migratory fish and wildlife species would be less than significant.
Proposed Project Analysis:
Furthermore, the proposed Project does not contain any waterbodies that could house native or migratory fish.
Parcels A, B, and C are identified to be in Developed Areas as noted in the CVMSHCP maps; and no listed natural communities or conservation lands are known to exist within or in the immediate vicinity to these parcels (CVMSHCP 2005). Parcels A, B, and C are located within an urban and developed area of the City, surrounded by fully developed parcels. While Parcel C is vacant land, the current condition does not make it suitable to be a wildlife corridor or wildlife nursery site based on the disturbed nature of the area.
Parcel D is an approximately 5-acre vacant property that has been partially disturbed by the construction of the drainage channel. Parcels E and F are also vacant sites surrounded predominantly by open space, with Parcel E having partial disturbances from utility poles and access roads. Revisions to the land use and zoning of the parcels would not create a new, significant impact to the properties.
Further, as previously discussed, any future development must comply with City guidelines including implementation of GPU Policy OS-1.5 as well as Mitigation Measures BIO-1 (Biological Resources Item Number: 5.
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Assessment) and BIO-2 (Special Status Plant and Wildlife Protection) from the GPU EIR because the parcel is not located within a fully urbanized area. Parcel E is located within the Willow Hole Conservation Area, which contains suitable migration and breeding Habitat for the riparian species covered by the CVMSHCP (County 2021; CVMSHCP 2005). Nonetheless, all projects must comply with the CVMSHCP, which requires compliance to its policies and payment for mitigation fees. Therefore, the proposed Project would not result in new, significant impact to established native resident or migratory wildlife corridors, and no substantial change from the previous analysis would be required.
E. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
GPU EIR Analysis:
No local policies or ordinances specific to tree preservation are outlined in the GPU EIR. No impacts related to conflicts with policies relating to tree preservation would occur.
Proposed Project Analysis:
The City does not have any adopted local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance. The City’s Municipal Code Section 17.56.090 provides guidelines for tree removal. The code states that the removal of healthy trees that provide shade or provide aesthetic value shall be discouraged. If more than five trees are to be removed, a permit must be issued by the Planning Department. Prior to issuance of a permit, all existing trees on-site shall be surveyed to determine their value.
Parcels A, B, C, E, and F do not contain any trees that would require removal for the proposed Project.
Therefore, the proposed Project or any future development would not conflict with any tree preservation ordinances. Parcel D contains some trees on the northwestern portion of the parcel. The quality of the trees is currently undetermined. As stated in the City’s Municipal Code, the removal of trees will require a survey and permit prior to removal.
Because the proposed Project would not result in conflict with existing ordinances relating to tree preservation, no new, significant impacts or substantial change from the previous analysis would be required.
F. Conflict with the provisions of an adopted HCP, Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan.
GPU EIR Analysis:
As discussed above, the City contains large areas of open spaces that contain biological corridors and linkages defined by CVMSHCP and/or Natural Landscape Blocks defined by the CEHC. The CVMSHCP outlines strategies for protecting sensitive natural communities for the future plans outlined in the GPU. Potentially significant impacts could arise from the implementation of the GPU should any proposed actions interfere with the conservation efforts or result in direct harm to the sensitive species or communities identified in the CVMSHCP. Compliance with both the policies in the GPU and CVMSHCP would reduce potential impacts to proposed or adopted habitat conservation plans to less than significant.
Item Number: 5.
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Proposed Project Analysis:
As previously discussed, no listed natural communities or conservation lands are known to exist within or in the immediate vicinity to Parcels A, B, C, D, and F (CVMSHCP 2005). Parcels A, B, and C are located within an urban and developed area of the City, surrounded by fully developed parcels. While Parcels C, D, and F are vacant land, the parcels are not designated as part of a natural community or conservation land. Parcel E is located within the CVMSHCP’s Willow Hole Conservation Area; however, all projects must comply with the CVMSHCP’s policies and guidelines. . Additionally, any future development on the vacant parcels associated with the Project must comply with City guidelines including implementation of GPU Policy OS-1.5 as well as Mitigation Measures BIO-1 (Biological Resources Assessment) and BIO-2 (Special Status Plant and Wildlife Protection) from the GPU EIR to ensure consistency with adopted conservation plans. Therefore, the proposed Project would not result in new, significant impact to wetlands, and no substantial change from the previous analysis would be required.
G. Would the project cause substantial adverse cumulative impacts with respect to biological resources?
Implementation of the GPU and other future development could result in impacts to biological resources. Complying with the approved GPU policies and existing State and federal regulations would reduce the level of impact to these resources.
The proposed Project would revise the existing land use and zoning designations to make it consistent with existing uses and allow expanded development. Parcels A, B, and C are located within an urbanized area of the City. Parcels A and B are currently functioning as a parking lot and auto repair center. The amending of the land use and zoning designation of these parcels would not result in new, significant cumulative impacts to biological resources.
While Parcel C is vacant, it is situated within a developed area of the City. Because of its disturbed location, and because it is not designated as a sensitive or natural community, the amending of the land use and zoning designation of Parcel C would not result in new, significant cumulative impacts to biological resources.
Parcel D is located adjacent to both a residential community and open space within the City and Parcel F is surrounded predominantly by open space. While the parcels are vacant and could potentially house wildlife, the parcels, along with the surrounding open space, are not designated in the CVMSHCP for sensitive natural communities or habitats. Parcel E is vacant and adjacent to residential development, but it located within the CVMSHCP’s Willow Hole Conservation Area. Nonetheless, amending the zoning and land use would not result in direct impacts to biological resources.
Moreover, future development in the area would require compliance with the GPU guidelines and policies, as well as the Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, and BIO-5 of the GPU EIR to confirm the conditions of the parcel and ensure that potential impacts to biological resources would be less than significant. Therefore, by complying with the GPU policies to protect biological resources as well as the mitigation measures of the GPU EIR, the proposed Project would not result in new, significant cumulative impacts to biological resources and would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.
Item Number: 5.
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2.6 CULTURAL RESOURCES
Discussion
A. Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
GPU EIR Analysis:
The archival results obtained from the Eastern Information Center (EIC) indicate that as many as 155 historic buildings/structures could be located within the Planning Area and have the potential to be eligible as a historic resource under the CEQA guidelines. Implementation of the GPU would not result in a substantial adverse change in a historical resource because they are protected under existing and proposed policies in the GPU. These policies are part of the Open Space, Natural, and Cultural Resources Element and include OS-8.1: Historic Preservation and OS-8.2: Local Historical Groups. The GPU policies in combination with State regulations would ensure less than significant impacts to historical resources.
Proposed Project Analysis:
The parcels of the proposed Project do not contain any structures that could be of historic significance.
Parcels A, B, and C are located within the developed region of the City where much of the Project area is previously disturbed. Parcels A and B are currently operational as a parking lot and auto repair shop.
Historical aerials of Parcels C and D show previous disturbances such as grading, track marks, and vegetation removal with no signs of construction of any structures. Parcels E and F are vacant, undeveloped land containing no structures with potential for listing in the California Register of Historic Resources (CRHR). During the development of currently vacant parcels, applicants will be required to review the potential for cultural resources onsite in compliance with GPU Policy OS-8.6, which could require the preparation of cultural resource studies and subsurface investigations.
Therefore, it is not expected that changes to zoning and land use designations of these parcels would result in new, significant impacts to a historic resource; and no substantial changes from the previous analysis would be required.
B. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
GPU EIR Analysis:
Ground-disturbing activities have the potential to damage prehistoric and historic archaeological resources or artifacts related to cultural resources. Because the GPU supports development that could include new construction, the disturbance of soils could uncover potential resources of archaeological significance. As discussed in the GPU EIR, much of the City and its sphere of influence have not been formally surveyed; and resources could be uncovered during ground-disturbing activities. Existing regulations require the preparation of a Phase I Cultural Resources Technical Report in accordance with the California Office of Historic Preservation: Archaeological Resources Management Report Guidelines to assess the potential of archaeological resources and artifacts to be uncovered. The GPU policies OS-8.5: Archaeological Resources and OS-8.6: Cultural Resources would ensure that no substantial change in the significance of an archaeological resource would occur, and projects will Item Number: 5.
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require archaeological surveys to determine the presence of such resources. Furthermore, these policies require that development and redevelopment consider cultural resources, which may require further investigations. With these policies and guidelines, the impacts to archaeological resources would be less than significant.
Proposed Project Analysis:
The proposed Project contains parcels that have been previously disturbed, based on historic aerial photographs. Parcels A and B are currently developed, and the proposed Project would revise the existing land use and zoning designations to be consistent with the current uses. As such, the proposed Project would not result in new, significant impacts.
Parcel C is a vacant lot located within a developed area of the City. Historic photographs show that the site has been previously disturbed, based on the grading, track marks, and vegetation removal.
However, it cannot be determined whether subsurface activities occurred in Parcel C. For any proposed new development to occur on this parcel, compliance with the GPU policies outlined in the GPU EIR will be required to ensure that archaeological and cultural resources are considered prior to development. Compliance with these policies and guidelines would not create new or significant impacts to archaeological resources.
Parcels D and E are vacant parcels surrounded by multiple vacant properties and single-family residences. Parcel F is a vacant parcel surrounded predominantly by vacant land. The intent of the proposed Project is to revise the existing land use and zoning designations to be consistent with existing uses and to allow future development. Revising the land use and zoning would not create a direct impact to archaeological resources. However, it cannot be determined whether subsurface activities have occurred in Parcels D, E, and F. Therefore, for any new development to occur, compliance with the GPU policies as discussed above will be required to ensure that future development would not create a new and significant impact to archaeological resources.
Furthermore, any projects that would require compliance with CEQA must conduct Assembly Bill 52 (AB 52) consultation with California Native American tribes that are traditionally and culturally affiliated within a geographic area of a project. The intent of AB 52 is to involve California Native American Tribes in the decision-making process when identifying and developing mitigation measures for activities that may impact resources that have significance to their culture. With compliance with the City’s policies and with State regulations, the proposed Project would not result in new,significant impacts to archaeological resources; and no substantial changes from the previous analysis would be required.
C. Disturb any human remains, including those interred outside of dedicated cemeteries? GPU EIR Analysis:
Treatment of human remains must comply with the California Public Resources Code Section 5097 as well as the California Health and Safety Code Sections 7050.5, 7051, and 7054. These existing regulations address the handling of and provide protection from the disturbance, vandalism, and destruction to human remains, particularly if Native American skeletal remains are discovered.
Implementation of the GPU could result in ground-disturbing activities that could result in the damage or destruction of unknown human remains. And because the City and its sphere of influence have not Item Number: 5.
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been thoroughly surveyed or investigated, Native American remains have potential to be discovered.
Ground-disturbing activities, particularly excavation activities, could result in the destruction and disturbance of these resources, including Native American remains and burials. Therefore, in addition to compliance with the California Public Resources Code and California Health and Safety Code, incorporation of the previously discussed GPU policies would result in the consideration for cultural resources whether through development of a cultural resource assessment or subsurface evaluations to reduce impacts to human remains to less than significant.
Proposed Project Analysis:
The proposed Project intends to revise the existing land use and zoning designations to be consistent with existing uses and to allow future development. While the revisions of the land use and zoning would not result in a direct impact to human remains, future ground-disturbing activities, particularly human remains, could be impacted. Parcels A and B are currently fully paved and developed. Because of the developed nature of these parcels, a new, significant impact to human remains is not expected.
Parcels C and D are vacant lots but have been previously disturbed based on historic aerial photos which show vegetation removal and grading activities. Parcels E and F are vacant with partial disturbances resulting from utility poles traveling through Parcel E. It cannot be determined whether subsurface activities have occurred in these parcels based on aerial imagery and historic photographs.
Therefore, for any new development to occur, compliance with the GPU policies discussed above will be required to ensure that future development would not create a new and significant impact to human remains.
Furthermore, any projects would be required to conduct AB 52 consultation to allow California Native American Tribes to identify if these parcels could have resources that have significance to their culture. Compliance with the City’s policies and with State regulations would result in no new, significant impacts; and no substantial changes from the previous analysis would be required.
D. Would the project cause substantial adverse cumulative impacts with respect to cultural resources? As discussed in the GPU EIR, should any cultural resources be uncovered, they will be evaluated, mitigated, salvaged, and curated at the time of their discovery. As such, a cumulative effect is not anticipated. While the proposed Project would not result in direct impacts to cultural resources, future development on the vacant parcels could result in impacts to these resources. However, any proposed development would require compliance with local and State guidelines, including the policies outlined in the GPU EIR, in addressing and mitigating potential impacts to the cultural resources discussed above. As such, impacts would similarly be less than cumulatively considerable.
Item Number: 5.
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2.7 ENERGY
Discussion
A. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? GPU EIR Analysis:
The GPU EIR concluded that GPU buildout through 2040 would increase the demand for electricity and natural gas within the City and gasoline consumption in the region during construction and operation of new land use developments. Electricity reductions would be achieved through the implementation of Mitigation Measure GHG-1C, and electricity consumed by development in the City would continue to be subject to the cap-and-trade regulation. Mitigation Measure GHG-1B would be implemented to achieve natural gas reductions. In terms of gasoline consumption, the GPU EIR predicts vehicle fuel use on a service population basis to decrease over the next approximately 20 years due to land use decisions made by the City, the implementation of Mitigation Measure GHG-1D, and because of fuel efficiency standards enacted at the State level. For these reasons, impacts related to electricity, natural gas, and diesel/gasoline fuel consumption are less than significant.
Proposed Project Analysis:
The proposed Project would impact energy resources during construction and operation. Energy resources that would be potentially impacted include electricity, natural gas, and petroleum-based fuel supplies and distribution systems. This analysis includes a discussion of the potential energy impacts of the proposed Projects, with particular emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy. A general definition of each of these energy resources are provided below.
Electricity, a consumptive utility, is a man-made resource. The production of electricity requires the consumption or conversion of energy resources, including water, wind, oil, gas, coal, solar, geothermal, and nuclear resources, into energy. The delivery of electricity involves a number of system components, including substations and transformers that lower transmission line power (voltage) to a level appropriate for on-site distribution and use. The electricity generated is distributed through a network of transmission and distribution lines commonly called a power grid. Conveyance of electricity through transmission lines is typically responsive to market demands. In 2019, Southern California Edison, which provides electricity to the project vicinity provided 80,913 Gigawatt-hours per year of electricity.
Natural gas is a combustible mixture of simple hydrocarbon compounds (primarily methane) that is used as a fuel source. Natural gas consumed in California is obtained from naturally occurring reservoirs, mainly located outside the State, and delivered through high-pressure transmission pipelines. The natural gas transportation system is a nationwide network and, therefore, resource availability is typically not an issue. Natural gas satisfies almost one-third of the State’s total energy requirements and is used in electricity generation, space heating, cooking, water heating, industrial processes, and as a transportation fuel. Natural gas is measured in terms of cubic feet. In 2019, Riverside County consumed 452.99 Million Therms of natural gas.
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Petroleum-based fuels currently account for a majority of the California’s transportation energy sources and primarily consist of diesel and gasoline types of fuels. However, the state has been working on developing strategies to reduce petroleum use. Over the last decade California has implemented several policies, rules, and regulations to improve vehicle efficiency, increase the development and use of alternative fuels, reduce air pollutants and GHG emissions from the transportation sector, and reduce vehicle miles traveled (VMT). Accordingly, petroleum-based fuel consumption in California has declined. In 2017, 1,052 million gallons of gasoline and 148 million gallons of diesel was sold in Riverside County.
The following section calculates the potential energy consumption associated with the construction and operations of the proposed Project and provides a determination if any energy utilized by the proposed Project is wasteful, inefficient, or unnecessary consumption of energy resources.
Construction Energy
The proposed Project would consume energy resources during construction in three (3) general forms:
1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the Project Site, construction worker travel to and from the Project Site, as well as delivery and haul truck trips (e.g. hauling of demolition material to off-site reuse and disposal facilities);
2. Electricity associated with the conveyance of water that would be used during Project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power; and,
3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.
Construction-Related Electricity
During construction the proposed Project would consume electricity to construct the new structures and infrastructure. Electricity would be supplied to the project site by Southern California Edison and would be obtained from the existing electrical lines in the vicinity of the project site. The use of electricity from existing power lines rather than temporary diesel or gasoline powered generators would minimize impacts on energy use. Electricity consumed during project construction would vary throughout the construction period based on the construction activities being performed. Various construction activities include electricity associated with the conveyance of water that would be used during project construction for dust control (supply and conveyance) and electricity to power any necessary lighting during construction, electronic equipment, or other construction activities necessitating electrical power. Such electricity demand would be temporary, nominal, and would cease upon the completion of construction. Overall, construction activities associated with the proposed Project would require limited electricity consumption that would not be expected to have an adverse impact on available electricity supplies and infrastructure. Therefore, the use of electricity during project construction would not be wasteful, inefficient, or unnecessary.
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Since there are utilities already located in the vicinity of the six parcels, it is anticipated that only nominal improvements would be required to Southern California Edison distribution lines and equipment with development of the proposed Project. Where feasible, the new service installations and connections would be scheduled and implemented in a manner that would not result in electrical service interruptions to other properties. Compliance with City guidelines and requirements would ensure that the proposed Project fulfills its responsibilities relative to infrastructure installation, coordinates any electrical infrastructure removals or relocations, and limits any impacts associated with construction of the project. Construction of the project’s electrical infrastructure is not anticipated to adversely affect the electrical infrastructure serving the surrounding uses or utility system capacity.
Construction-Related Natural Gas
Construction activities do not typically involve the consumption of natural gas. Natural gas would not be supplied to support construction activities, thus there would be no demand generated by construction. Since the six parcels are adjacent to roads that currently have natural gas lines, construction of the proposed Project would be limited to installation of new natural gas connections within each parcel. Development of the proposed Project would likely not require extensive infrastructure improvements to serve the project site. Construction-related energy usage impacts associated with the installation of natural gas connections are expected to be confined to trenching in order to place the lines below surface. In addition, prior to ground disturbance, the proposed Project would notify and coordinate with SoCalGas to identify the locations and depth of all existing gas lines and avoid disruption of gas service. Therefore, construction-related impacts to natural gas supply and infrastructure would be less than significant.
Construction-Related Petroleum Fuel Use
Petroleum-based fuel usage represents the highest amount of transportation energy potentially consumed during construction, which would be utilized by both off-road equipment operating on the project site and on-road automobiles transporting workers to and from the project site and on-road trucks transporting equipment and supplies to the project site.
The off-road construction equipment fuel usage was calculated through use of the off-road equipment assumptions and fuel use assumptions shown above in Section 8.2, which found that the off-road equipment utilized during construction of the six parcels based on the existing land use designations and the proposed Project land use designations would consume the same amount of fuel of 546,378 gallons of fuel.
The on-road construction trips fuel usage was calculated through use of the construction vehicle trip assumptions and fuel use assumptions shown above in Section 8.2, which found that the on-road trips generated from construction of the six parcels with the existing land use designations would consume 2,681,251 gallons of fuel and construction of the six parcels with the proposed land use designations would consume 3,199,598 gallons of fuel. Therefore, adoption of the proposed Project would result in the net increase of consumption of 518,346 gallons of fuel from on-road construction-related vehicle trips. This equates to 0.04 percent of the gasoline and diesel consumed annually in Riverside County. As such, the construction-related petroleum use would be nominal, when compared to current county-wide petroleum usage rates.
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Construction activities associated with the proposed Project would be required to adhere to all State and SCAQMD regulations for off-road equipment and on-road trucks, which provide minimum fuel efficiency standards. As such, construction activities for the proposed Project would not result in the wasteful, inefficient, and unnecessary consumption of energy resources. Impacts regarding transportation energy would be less than significant. Development of the project would not result in the need to manufacture construction materials or create new building material facilities specifically to supply the proposed Project. It is difficult to measure the energy used in the production of construction materials such as asphalt, steel, and concrete, it is reasonable to assume that the production of building materials such as concrete, steel, etc., would employ all reasonable energy conservation practices in the interest of minimizing the cost of doing business.
Operational Energy
The on-going operation of the proposed Project would require the use of energy resources for multiple purposes including, but not limited to, heating/ventilating/air conditioning (HVAC), refrigeration, lighting, appliances, and electronics. Energy would also be consumed during operations related to water usage, solid waste disposal, landscape equipment and vehicle trips.
Operations-Related Electricity
Operation of the proposed Project would result in consumption of electricity at the project site. As detailed above in Section 8.2 operation of the six parcels based on the existing land use designations would consume 32,270,738 kilowatt hours (kWh) per year of electricity and the operation of the six parcels with adoption of the proposed Project would consume 31,723,645 kWh per year of electricity.
Implementation of the proposed Project would result in a net reduction of 547,093 kWh per year of electricity consumed by the six parcels.
It should be noted that any development on the six parcels will be required to comply with all Federal, State, and City requirements related to the consumption of electricity, that includes California Code of Regulations (CCR) Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11:
California Green Building Standards. The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed warehouse, including enhanced insulation, use of energy efficient lighting and appliances, water and space heating systems, as well as requiring a variety of other energy-efficiency measures to be incorporated into the proposed structure. Therefore, it is anticipated the proposed Project will be designed and built to minimize electricity use and that existing and planned electricity capacity and electricity supplies would be sufficient to support the proposed Project’s electricity demand. Thus, the project would not result in the wasteful or inefficient use of electricity and no mitigation measures would be required.
Operations-Related Natural Gas
Operation of the proposed Project would result in increased consumption of natural gas at the project site. As detailed above in Section 8.2, operation of the six parcels based on the existing land use designations would consume 10,642,699 kilo British Thermal Units (kBTU) per year of natural gas and the operation of the six parcels with adoption of the proposed Project would consume 13,173,958 kBTU per year of natural gas. Implementation of the proposed Project would result in a net increase in consumption of 2,531,259 kBTU per year of natural gas, which is equivalent to 2,531 mega-British Thermal units (MBTU) per year of natural gas. This equates to 0.005 percent of the natural gas Item Number: 5.
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consumed annually in Riverside County. As such, the operations-related natural gas use would be nominal, when compared to current natural gas usage rates in the County.
It should be noted that, the proposed Project would comply with all Federal, State, and City requirements related to the consumption of natural gas, that includes CCR Title 24, Part 6 Building Energy Efficiency Standards and CCR Title 24, Part 11: California Green Building Standards. The CCR Title 24, Part 6 and Part 11 standards require numerous energy efficiency measures to be incorporated into the proposed warehouse, including enhanced insulation as well as use of efficient natural gas appliances and HVAC units. Therefore, it is anticipated the proposed Project will be designed and built to minimize natural gas use and that existing and planned natural gas capacity and natural gas supplies would be sufficient to support the proposed Project’s natural gas demand. Thus, impacts with regard to natural gas supply and infrastructure capacity would be less than significant and no mitigation measures would be required.
Operations-Related Vehicular Petroleum Fuel Usage
Operation of the proposed Project would result in increased consumption of petroleum-based fuels related to vehicular travel to and from the project site. As detailed above in Section 8.2 the operation of the six parcels based on the existing land use designations would generate 62,389,606 vehicle miles traveled per year and the operation of the six parcels with adoption of the proposed Project would generate 30,025,349 vehicle miles traveled per year. Implementation of the proposed Project would result in a net reduction of 32,364,257 vehicle miles traveled per year, which equates to a net reduction of 1,280,366 gallons per year and is primarily due to the change of APN 666-370-032 from business park to industrial park, since industrial uses typically generated less trips than office uses.
It should be noted that, the proposed Project would comply with all Federal, State, and City requirements related to the consumption of transportation energy that includes California Code of Regulations Title 24, Part 10 California Green Building Standards. Therefore, it is anticipated the proposed Project will be designed and built to minimize transportation energy through the promotion of the use of electric-powered vehicles and it is anticipated that existing and planned capacity and supplies of transportation fuels would be sufficient to support the proposed Project’s demand. Thus, impacts with regard transportation energy supply and infrastructure capacity would be less than significant and no mitigation measures would be required.
In conclusion, the proposed Project would comply with regulatory compliance measures outlined by the State and City related to Air Quality, Greenhouse Gas Emissions (GHG), Transportation/Circulation, and Water Supply. Additionally, the proposed Project would be constructed in accordance with all applicable City Building and Fire Codes. Therefore, the proposed Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation. Impacts would be less than significant.
B. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? GPU EIR Analysis:
As detailed in the GPU EIR, the Project would not conflict with or obstruct a State or local plan adopted for the purposes of increasing renewable energy or energy efficiency. It was concluded that the GPU supports the State’s goals of decreasing energy consumption and increasing energy efficiency and Item Number: 5.
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would not conflict with a State or local plan for renewable energy. Therefore, impacts are less than significant.
Proposed Project Analysis:
The proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. The applicable energy plan for the proposed Project is the City of Desert Hot Springs General Plan, May 2020. As shown in Table Q of Appendix B, the proposed Project would be consistent with all applicable energy-related policies from the General Plan. Therefore, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Impacts would be less than significant.
C. Would the project cause substantial adverse cumulative impacts with respect to energy? The GPU EIR concluded that the GPU would not result in the unnecessary, inefficient, or wasteful use of energy resources nor would it conflict with or obstruct a State or local plan for increasing renewable energy or energy efficiency. It was determined that GPU implementation would not result in a substantial adverse cumulative impact with respect to energy. The implementation of the proposed Project would be subject to the policies of the GPU in addition to local, County, State, and federal guidelines and would not result in a cumulatively considerable impact according to the GPU EIR.
2.8 GEOLOGY AND SOILS
Discussion
A. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
GPU EIR Analysis:
The GPU EIR identifies several known faults and Alquist-Priolo earthquake fault zones within the City; these faults are located within an existing developed area that includes residential, commercial, and other types of urban land uses. The GPU includes several policies related to seismic hazards, including the following:
▪ Policy SN-6.1: Alquist-Priolo Act
▪ Policy SN-6.4: Fault Zones
Due to implementation of Policies SN-6.1 and SN-6.4, impacts regarding rupture of a known earthquake fault were concluded to be less than significant.
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Proposed Project Analysis:
The proposed Project consists of revising the land use and zoning designations to be consistent with existing uses and to allow alternative development for the vacant parcels. According to the GPU EIR, the San Andreas fault (Coachella Strand) bisects the City.
Parcels A and B are developed and are operating as a parking lot and auto repair shop. Parcel A is located adjacent to the Coachella Strand fault, while Parcel B is located approximately 1,000 feet southwest from the Coachella Strand. Revising the land use and zoning designation of these parcels and continuing their current operations would not result in adverse effects through the rupture of a known earthquake fault.
Parcels C,D, E, and F are vacant. Parcel C is proposed to be used to expand the existing gas station; Parcel D is proposed to be used as a future spa facility; and Parcels E and F are proposed to be future industrial facilities (likely warehouses). Both Parcels C and D are located approximately 1,000 feet from the Coachella Strand of the San Andreas Fault Zone. Parcel F is approximately 1,000 feet from the Banning Strand of the San Andreas Fault Zone, and Parcel E is approximately
1.5 miles from the Banning Strand. Although these parcels are not located on a fault line, any future developments are subject to the provisions outlined in the GPU related to seismic hazards, particularly SN-6.1 and SN-6.4. Therefore, the proposed Project would not result in new, significant impacts; and no substantial changes from the previous analysis would be required. ii) Strong seismic ground shaking?
GPU EIR Analysis:
The GPU EIR states that because the City is within a seismically active region, future development would experience seismic shaking. To reduce potential impacts due to seismic shaking, development within the City must adhere to the California Building Code (CBC); and the GPU includes policies related to this hazard including:
▪ Policy SN-6.3: Geotechnical Studies
▪ Policy SN-6.4: Fault Zones
▪ Policy SN-6.5: Utilities and Vital Service Providers
Additionally, all future projects are required to be designed and constructed in compliance with all applicable City and State codes and requirements. Thus, the GPU EIR concluded that impacts due to strong ground shaking are less than significant with adherence to the CBC and the policies of the proposed GPU.
Proposed Project Analysis:
The proposed Project consists of revising the land use and zoning designations to be consistent with existing uses and to allow alternative development for the vacant parcels. Parcels A and B are currently developed and operational. Revising the land use and zoning designation of these parcels and continuing their current operations would not result in adverse impacts resulting from strong seismic ground shaking.
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Parcels C,D, E, and F are vacant. Parcel C is proposed to be used to expand the existing gas station; Parcel D is proposed to be used as a future spa facility; and Parcels E and F are proposed to be future industrial facilities. As stated in the GPU EIR, all future projects within the City must adhere to the CBC and GPU policies related to seismic ground shaking. This includes preparing geotechnical studies in areas prone to liquefaction and other forms of ground failure to determine the level of risk of the proposed development. With compliance with existing regulations along with the GPU policies, the proposed Project would not result in adverse effects, and no substantial changes to the previously analysis are required.
iii) Seismic-related ground failure, including liquefaction? GPU EIR Analysis:
The GPU EIR describes areas within the City that are susceptible to liquefaction, and development associated with implementation of the GPU was concluded to have the potential to be located within these areas. However, the GPU includes the following policies related to liquefaction:
▪ Policy SN-6.3: Geotechnical Studies
The GPU EIR states that if analysis of a specific site determines liquefaction conditions may be present, appropriate measures identified in the CBC, including specific provisions for seismic design of structures, would be required. With implementation of existing policies and standards, and adherence to policies included in the GPU, impacts associated with liquefaction or other ground failure are found to be less than significant.
Proposed Project Analysis:
The proposed Project is located within the areas of the City that are susceptible to liquefaction.
Parcels A and B are fully developed and operational. Revising land use and zoning of these parcels, in addition to continuing operations, would not result in substantial adverse effects related to liquefaction.
Parcels C, D, E, and F are vacant and are proposed to be used for future development. As noted in the GPU EIR, geotechnical studies would be required for development in areas susceptible to liquefaction and other forms of ground failure to determine the level of hazard risk in development in these areas in compliance with GPU Policy SN-6.3. Furthermore, development projects must implement the CBC and City requirements and policies for appropriate design measures. Therefore, with compliance with existing regulations, including the GPU policies for development within liquefaction zones, the proposed Project would not result in new, significant impacts; and new substantial changes to the previous analysis are not required. iv) Landslides?
GPU EIR Analysis:
The GPU EIR identified areas of potential landslide hazard along the perimeter of the City on properties abutting the surrounding hills and mountains. The following policy was implemented in the GPU to reduce potential hazards associated with development on unstable slopes:
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▪ Policy SN-6.3: Geotechnical Studies
According to the GPU EIR, implementation of the CBC and City requirements and policies would assure that appropriate design measures are incorporated where necessary, reducing potential landslide impacts to a less-than-significant level.
Proposed Project Analysis:
The four parcels of the proposed Project are located along relatively flat terrain and not along the hillsides or mountains of the City. Parcels A, B, and C are located within a highly urbanized area of the City with no likelihood of experiencing landslides. Parcels D, E, and F are located in the rural area of the City near open and vacant parcels and single-family neighborhoods. Parcels D, E, and F are also not located near any hillsides or steep slopes that could result in a landslide. Therefore, the proposed Project would not result in new, significant impacts; and no new, substantial changes to the previous analysis would be required.
B. Result in substantial soil erosion or the loss of topsoil? GPU EIR Analysis:
The GPU EIR concludes that short-term wind and water erosion effects would result from the construction phase of development associated with the buildout of the 2040 GPU. To reduce impacts resulting from wind erosion, the GPU EIR states that future development within the City is subject to SCAQMD Rules 403 and 403.1, as well as the erosion control requirements of the City. Additionally, the GPU includes the following policy addressing erosion:
▪ Policy SN-6.7: Wind-Driven Erosion. Continue to implement control measures to prevent wind-driven and water-driven erosion from construction activities and vacant parcels.
The GPU EIR anticipates water erosion will be prevented through required implementation of a storm water pollution prevention plan (SWPPP) and through compliance with the National Pollutant Discharge Elimination System (NPDES) erosion control requirements. The GPU EIR concludes soil erosion impacts would be less than significant with implementation of existing regulations.
Proposed Project Analysis:
Parcels A and B are currently developed and operational. Continuing current operations would not result in soil erosion or loss of topsoil. Parcels C, D, E, and F are vacant and are proposed to be used for future development. As discussed in the GPU EIR, future development within the Planning Area would be subject to SCAQMD regulations along with the GPU policies to implement measures to prevent wind- and water-driven erosion during construction activities (Policy SN-6.7). If applicable to the project, future developments would be subject to the NPDES erosion requirements and would require the preparation of a SWPPP. Therefore, the proposed Project would not result in new, significant impacts; and no new, substantial changes to the previous analysis would be required.
Item Number: 5.
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C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
GPU EIR Analysis:
As discussed in Section 2.8(A), the GPU EIR determined that development within parts of the City may be subject to liquefaction or landslide hazards. However, implementation of the CBC and City requirements and policies was concluded to reduce potential liquefaction and landslide impacts to a less-than-significant level. Subsidence was also found to potentially impact future development in the City if groundwater levels drop (please see Section 4.11, Hydrology and Water Quality, for a discussion of groundwater). The GPU EIR also states that soils in some areas are subject to collapse if oversaturated. These forms of ground failure could potentially result in significant impacts to future development; thus, the GPU includes policies to reduce the impacts to future development related to ground failure:
▪ Policy SN-6.2: Seismic Review.
▪ Policy SN-6.3: Geotechnical Studies.
▪ Policy SN-6.5: Utilities and Vital Service Providers. ▪ Policy SN-6.6: Water District Consultation.
The GPU EIR anticipates site-specific geotechnical engineering and soils reports for future development to identify specific measures to address potential unstable soils. Implementation of the policies within the GPU, as well as adherence to the CBC requirements, were determined to reduce this potential impact to a less than significant level.
Proposed Project Analysis:
The proposed Project would revise the existing land use and zoning designations to make them consistent with existing uses and allow expanded development. Parcels A and B are currently developed, while Parcels C, D, E, and F are vacant and are proposed for future development. Future development, as discussed in the GPU EIR, would be subject to existing regulations, along with the GPU policies to ensure that the proposed development would not result in significant impacts related to ground failure. In particular, GPU Policy SN-6.3 requires geotechnical studies for development proposals located in areas with soils susceptible to liquefaction to or other forms of ground failure.
Therefore, by complying with existing regulations and GPU policies to determine the risk hazard for future development, and through implementation of the CBC requirements and development standards outlined in the GPU, the proposed Project would not result in new, significant impacts; and new, substantial changes to the previous analyses are not required.
Item Number: 5.
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D. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial direct or indirect risks to life or property? GPU EIR Analysis:
According to the GPU EIR, structural damage of future buildings or utilities in the City may occur if the potentially expansive and corrosive soils are not considered in the design and construction of the 2040 GPU buildout. The GPU EIR concluded that the presence of expansive soils, and identification of measures to eliminate this constraint such as removal and replacement with suitable engineered materials, would be determined through site-specific geotechnical evaluations required by GPU Policy SN-6.3. Compliance with existing regulations and policies, including CBC requirements, was determined to reduce hazards related to expansive soils to a less than significant level.
Proposed Project Analysis:
Parcels A and B are currently developed and will maintain current operations. Parcels C, D, E, and F are vacant and are proposed for future development. Based on the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service’s web soil survey, the vacant parcels do not appear to contain any expansive soils, which are characterized by clayey material. The parcels are noted to mainly contain gravelly and fine sand (USDA 2021).
As noted in the GPU EIR, the presence of expansive soils and identification of measures to remove expansive soils would be determined through site-specific geotechnical evaluations. Therefore, the proposed Project would not result in new, significant impacts; and no new, substantial changes to the previous analysis would be required.
E. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? GPU EIR Analysis:
To accommodate the type and scale of development proposed in the GPU, the GPU EIR states that substantial expansion of wastewater treatment facilities would be required. However, many of the soils within the City were identified to have some sort of limitations for the installation of septic tanks in future development. Thus, future installation of septic tanks was found to potentially result in significant impacts to human health and the environment if soils cause sewage to surface, contaminate groundwater resources, or backflow into structures. To reduce impacts associated with future septic tanks in the City, the GPU includes the following policy related to septic systems:
▪ Policy MI-11.16: Septic Tank Removal
The GPU EIR concludes that compliance of all applicable existing codes and ordinances, including all provisions of the California Building Code, California Plumbing Code, and City requirements, would ensure that impacts would be less than significant.
Item Number: 5.
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Proposed Project Analysis:
Parcels A and B are currently developed, and the proposed Project would revise the land use and zoning designations to be consistent with existing uses. Currently, no septic tank installations are proposed for these parcels; and, therefore, no new, significant impacts are anticipated and no substantial changes are required to the previous analysis.
Parcels C, D, E, and F are vacant, with new construction proposed. Parcel C would be used to expand the existing gas station. It is not expected that the expansion would require construction of a new septic tank, as the gas station currently ties into existing utilities. No new, significant impacts are anticipated.
Parcel D is proposed to be developed as a spa facility, while Parcels E and F are proposed to be developed as industrial facilities. Currently, no design plans are available for the parcels. Based on the USDA Natural Resources Conservation Service’s web soil survey, Parcels D, E, and F are characterized by soil types such as CdC and CdE, which are considered to have some features unfavorable for septic tanks. As stated in the GPU EIR, the City is encouraging the removal of existing septic tanks and transition to sewer services, unless the development is unable to connect to existing utilities. Should a septic system be required, it would be subject to the provisions of the CBC and California Plumbing Code and City requirements. Soil conditions must be tested to confirm it is adequate for a septic system. The proposed Project would adhere to the CBC, California Plumbing Code, and City requirements for the use of septic systems, should they be required. As such, no new, significant impacts are anticipated; and no substantial changes to the previous analysis would be required.
F. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? GPU EIR Analysis:
The GPU supports development that the GPU EIR concluded could result in the disturbance of soils at depths not previously disturbed by existing or past development. Ground-disturbing activities in fossilbearing soils and rock formations have the potential to damage or destroy paleontological resources that may be present below the ground surface. Additionally, much of the City has not been formally surveyed for paleontological resources or unique geological features that could be lost during future project construction. The GPU includes the following policies to address results to paleontological resources:
▪ OS-8.7: Paleontological Resources
The GPU EIR states that implementation of applicable GPU policies and Mitigation Measure GEO-1 is required to reduce impacts from development on potential surface and subsurface paleontological resources or unique geological features to less than significant.
Proposed Project Analysis:
Parcels A and B are developed, and the proposed Project would revise the land use and zoning designations to be consistent with existing uses. Because no excavation activities are proposed in association with the proposed Project for Parcels A and B, no significant impacts are anticipated.
Item Number: 5.
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Parcels C, D, E, and F are vacant, with future construction proposed. Historical aerials show limited disturbance within Parcels E and F, but previous disturbances such as grading, track marks, and vegetation removal with no signs of construction of any structures within Parcels C and D. Considering much of the City has not been formally surveyed, unique paleontological and geologic features may be present below ground surface. The City provides GPU Policy OS-8.7: Paleontological Resources and GPU EIR mitigation measures to address potential impacts to these features and ensure that they would remain less than significant. Furthermore, projects that require compliance with CEQA would require consultation with California Native American tribes for identifying and developing mitigation measures to activities that may impact resources that have significance to their culture. With compliance with the City’s policies and with State regulations, the proposed Project would not result in new, significant impacts to unique paleontological and geologic features; and no substantial changes from the previous analysis would be required.
G. Would the project cause substantial adverse cumulative impacts with respect to geology and soils? The GPU EIR concludes that impacts related to geology and soils are generally site specific and not cumulative in nature because each project area has unique geologic considerations that would be subject to uniform site development and construction standards. As such, the potential for cumulative impacts is considered limited.
The proposed Project consists of two parcels that are developed and four that are currently vacant.
Future development projects would adhere to existing policies and code requirements in addition to the mitigation measures provided in the GPU EIR to reduce impacts from geologic hazards to a lessthan significant level. Mitigation Measure GEO-1 would reduce potential paleontological impacts.
Implementation of the GPU and mitigation measures does not result in a cumulatively considerable impact according to the GPU EIR.
2.9 GREENHOUSE GASES
Discussion
A. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
GPU EIR Analysis:
As stated in the GPU EIR, under predicted 2040 growth conditions the GPU would result in construction and operational activities that would generate GHG emissions that exceed SCAQMD thresholds. Construction activities are anticipated to generate short-term GHG emissions primarily from fuel combustion in equipment during demolition, site preparation, grading, building construction, paving, and architectural coating activities and in worker, vendor, and haul trips to and from future development projects. The long-term use of existing structures in the City, as well as the operation of new developments, would result in GHG emissions from mobile, energy, and area sources. The GPU includes goals and policies that reduce GHG emissions (see Section 2.4[A]).
Additionally, the GPU EIR proposes Mitigation Measures GHG-1A, GHG-1B, GHG-1C, and GHG-1D.
Nonetheless, even with the inclusion of policies and mitigation measures to reduce emissions resulting from the GPU, impacts were determined to be significant and unavoidable.
Item Number: 5.
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Proposed Project Analysis:
The proposed Project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. The proposed Project is anticipated to generate GHG emissions from area sources, energy usage, mobile sources, waste disposal, water usage, and construction equipment. The GHG emissions have been calculated with the CalEEMod model for the six parcels based on buildout of the existing land use designations and the results are summarized in Table R of Appendix B and the CalEEMod Annual Emissions printouts. Table R also shows the GHG emissions created by buildout of the six parcels with adoption of the proposed Project. The data also shows the net change in GHG emissions that would be created by adoption of the proposed Project.
The data provided in Table R of Appendix B shows adoption of the proposed Project would result in a reduction of 8,106.69 MTCO2e per year of GHG emissions than what would occur from buildout of the six parcels under the existing land use designations. Therefore, the proposed Project would not exceed the SCAQMD draft thresholds of significance for GHG emissions and a less than significant generation of greenhouse gas emissions would occur from adoption of the proposed Project. Impacts would be less than significant.
B. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases?
GPU EIR Analysis:
The GPU EIR determined that the GPU’s GHG emissions are not consistent with the California Air Resources Board (CARB) Scoping Plan’s interpolated per capita GHG efficiency metric, would not meet the SCAG 2016 RTP/SCS goal of reducing per capita passenger vehicle GHG emissions, and would be inconsistent with the City’s Climate Action Plan (CAP). The GPU implements Mitigation Measures GHG-1A through GHG-1E; however, the specific GHG emission reductions attributable to the mitigation measures cannot be definitively quantified at this time. Thus, the GPU EIR concludes the GPU would conflict with an applicable plan, policy, or regulation adopted for the purposes of reducing the emission of greenhouse gases, and impacts would be significant and unavoidable.
Proposed Project Analysis:
The proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions. The applicable plan for the proposed Project is the City of Desert Hot Springs Climate Action Plan (DHS CAP), adopted June 2013 that was prepared based on the directives detailed in AB 32 and Executive Order S-3-05 that establish the goals of reducing GHG emissions to 1990 levels by the year 2020 and by 80 percent below 1990 levels by the year 2050. The CAP determined that the community would have to reduce GHG emissions by 36.4 percent over year 2010 baseline emissions, or a 43.2 percent reduction from year 2020 business-asusual emissions by year 2020 in order to meet the AB 32 target emissions. The DHS CAP includes 80 specific measures for the City to enact to meet these goals. Although these 80 measures were not directed to new development projects, the proposed Project would be required to adhere to the most current Title 24 Part 6 and Part 11 requirements that require implementation of several of these measures, including use of energy-efficiency lighting, use of water-efficient landscaping, diversion of solid waste from landfills, and use of cool roofs and shade trees. Therefore, the proposed Project would be in compliance with the DHS CAP and would be in compliance with the SCAQMD’s GHG Item Number: 5.
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emissions thresholds. As such, the proposed Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. Impacts would be less than significant.
C. Would the project cause substantial adverse cumulative impacts with respect to greenhouse gases? The GPU EIR determined that the GPU would result in GHG emissions that exceed the significance thresholds applied in the GPU EIR and conflict with the 2017 Climate Change Scoping Plan and City CAP. The GPU EIR proposes Mitigation Measures GHG-1A, GHG-1B, GHG-1C, GHG-1D and GHG-1E; nonetheless, cumulative GHG impacts resulting from the GPU were concluded to be significant and unavoidable. However, as summarized above and in Appendix B, the proposed Project would result in less than significant impact with implementation to the mitigation measures outlined in the GPU EIR. Therefore, implementation of the proposed Project would be subject to the policies of the GPU in addition to local, County, State, and federal guidelines relating to GHG emission and would not result in a cumulatively considerable impact according to the GPU EIR.
2.10 HAZARDS AND HAZARDOUS MATERIALS
Discussion
A. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
GPU EIR Analysis:
The GPU EIR states that hazardous materials and wastes will be routinely transported, used, and disposed of within the City. The GPU proposed the following policies to ensure that hazardous materials and wastes users and producers use, transport, and dispose of materials and wastes in accordance with State and federal regulations:
▪ Policy SN-3.2: Use and Storage of Hazardous Materials The GPU additionally requires the general location and siting of facilities which involve the use and/or storage of hazardous, highly flammable, or explosive materials to be designed in a manner that assures the highest level of safety in strict conformance with fire codes and all other applicable codes and regulations. The GPU EIR determined that with continued enforcement of federal and State law combined with consultations with federal, State, and County agencies, potential hazards associated with hazardous materials and wastes due to the GPU will be less than significant.
Proposed Project Analysis:
The proposed Project consists of revising land use and zoning designations to be consistent with existing uses and to allow alternative developments within the City. Parcels A and B are both developed and operational with no new construction proposed. Current operations of Parcel B, which functions as an auto repair shop, are expected to abide by local and federal, State, and County regulations on handling hazardous materials.
Item Number: 5.
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Parcels C, D, E, and F are vacant. Revising the existing land use and zoning designations would not result in a hazard to the public with the transport, use, or disposal of hazardous materials. However, any future development occurring within these parcels could result in the use of hazardous materials.
As discussed in the GPU EIR, facilities that intend to handle hazardous materials must be designed in a manner that would comply with fire codes and other applicable codes to safely handle and dispose of these materials. Furthermore, activities that would involve handling hazardous materials would be subject to the GPU policies on the use and storage of these materials and, if applicable, would require property permitting with the Riverside County Fire Department and appropriate County, State, and federal agencies. With compliance with the GPU policies and existing regulations, the proposed Project would not result in new, significant impacts; and no substantial changes to the previous analysis are required.
B. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? GPU EIR Analysis:
According to the GPU EIR, increased construction to accommodate for proposed population growth and development under the GPU would increase the risk associated with large-scale accidents involving the transportation of hazardous materials or wastes. The following GPU policies are designed to ensure that hazardous materials and wastes, their transport, and disposal are in accordance with local, State, and federal regulations as well as ensure that exposure of critical facilities and residences to hazardous materials in case of an accident is minimized:
▪ Policy SN-1.9: Onsite Wildfire Prevention Measures
▪ Policy SN-3.1: Hazardous Materials Discharge
The GPU EIR concludes that with continued enforcement of existing regulations and implementation of the goals and policies of the GPU, potential hazards associated with the use, transport, disposal, and release of hazardous materials and wastes will be less than significant.
Proposed Project Analysis:
Parcels A and B are currently developed and operational. Parcel A is a functioning parking lot and is not anticipated to include activities that involve handling hazardous materials. Parcel B, an existing auto repair shop, could potentially handle hazardous materials. It is expected that the operations of the auto repair shop would comply with existing regulations in handling and disposing of hazardous materials.
Consistent with the GPU EIR’s determination that the GPU would enable new construction with the implementation of the GPU, the proposed Project, particularly with future construction for Parcels C, D, E, and F, would adhere to local, State, and federal regulations concerning the accidental release of hazardous materials into the environment. Parcels A through F are not located on hazardous materials sites (DTSC 2021; SWRCB 2021). Parcel C is located adjacent to an existing gas station and has been a leaking underground storage tank (LUST) cleanup site. However, the cleanup status of this location is complete and is closed. The operations of this gas station, including the proposed expansion of the gas station into Parcel C, would comply with the guidelines provided in the GPU to ensure that impacts resulting in the accidental release of hazardous materials are minimized. As such, Item Number: 5.
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the proposed Project is not expected to result in new, significant impacts; and no substantial changes to the previous analysis would be required.
C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? GPU EIR Analysis:
The GPU EIR determined that future schools will likely need to be built to accommodate the predicted growth associated with the GPU. The following GPU policies were proposed to discourage the siting of facilities that utilize hazardous materials or generate hazardous wastes within one-quarter mile of any private or public school; as well as to require projects to complete Environmental Site Assessments to determine if hazardous materials are present in the area:
▪ Policy SN-3.4: Hazardous Waste Generation
▪ Policy SN-3.7: Phase I Site Assessment
▪ Policy SN-3.6: Consultation
The GPU EIR asserts that through implementation of the above GPU policies, mitigation will be incorporated into any project that may expose sensitive receptors to hazardous materials or waste to avoid or minimize health impacts, and the City would be required to make specific findings to document that consideration. As such, the impact is considered less than significant.
Proposed Project Analysis:
No schools are located within one-quarter mile from any of the six parcels of the proposed Project.
Parcels A and B are currently developed. Parcel A is a functioning parking lot and does not include activities that handle hazardous materials. Parcel B is currently operating as an auto repair shop.
Revising its land use and zoning designations, in addition to its existing operations, is not expected to emit hazardous materials to nearby schools. Therefore, no new, significant impacts are anticipated.
Parcels C, D, E, and F are vacant and proposed for development. These parcels are not located within one-quarter mile of an existing or proposed school. Parcel C would be used to expand the existing gas station. Construction and continued operations of the gas station would continue to comply with local, State, and federal guidelines in handling hazardous materials. No design plans are currently available for Parcels D, E, and F. However, any future development on Parcels D, E, and F would be subject to the guidelines and development standards of the City and would comply with existing regulations in the handling of hazardous materials. Therefore, with compliance to existing regulations for hazardous materials, the proposed Project would not result in new, significant impacts, as it is not located within one-quarter mile of a school; and no substantial changes to the previous analysis are required.
Item Number: 5.
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D. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
GPU EIR Analysis:
The GPU EIR indicates that the City does not contain any hazardous materials sites on the Cortese List (City 2020a). Construction of new facilities due to growth predicted in the GPU may warrant inclusion on a list pursuant to Government Code section 65962.5, but the GPU EIR dictates that any such projects will be permitted separately. Since the GPU includes no plans to build a facility in the future that would be included on this type of list, impacts were determined to be less than significant.
Proposed Project Analysis:
As previously discussed, none of the six parcels of the proposed Project are listed sites on the Cortese List. No land disturbances are expected to occur on Parcels A and B, as they are currently developed and continuing normal operations. Parcel C is proposed to be used for expanding the existing gas station. As previously noted, the gas station has been identified as a previous LUST cleanup site.
However, the cleanup status is completed, and the case is closed. The operations of the gas station, including the development of Parcel C, would comply with existing guidelines to ensure impacts from hazardous materials are minimized. No design plans are currently available for Parcels D, E, and F.
However, any future development on Parcels D, E, and F would be subject to the guidelines and development standards of the City and would comply with existing regulations in the handling of hazardous materials. As such, the proposed Project would not create a new, significant hazard; and no substantial changes to the previous GPU EIR would be required.
E. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? GPU EIR Analysis:
According to the GPU EIR, the City is not located within 2 miles of a public airport, nor is the City located in an Airport Planning Area. The GPU EIR states that implementation of the GPU does not result in a safety hazard or excessive noise for people in the project area. The closest commercial airport, Palm Springs International Airport, is approximately 10 miles to the south of the City of Desert Hot Springs. Therefore, it was concluded the GPU will not result in a safety hazard; and no excessive noise would be generated.
Proposed Project Analysis:
Consistent with the GPU EIR, the proposed Project is not located near any public airports and would not include any proposed construction that would introduce persons to excessive noise. As such, the proposed Project would not create a new, significant hazard; and no substantial changes to the previous GPU EIR would be required.
Item Number: 5.
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F. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
GPU EIR Analysis:
The GPU EIR concluded that implementation of the GPU would not impair implementation or physically interfere with any of the City’s or County’s emergency plans such as the Hazard Mitigation Plan, Riverside County Multi-Hazard Mitigation Plan, and Emergency Operations Plan (EOP), as each project would be reviewed for interference with emergency operations upon approval. Therefore, impacts were determined to be less than significant.
Proposed Project Analysis:
The proposed Project would revise the land uses and zoning designations of six parcels to be consistent with existing uses and to allow additional development for the vacant parcels. To date, no construction is anticipated that would interfere with I-10, which is an essential route to access the City. As discussed in the GPU EIR, future development would be reviewed for its consistency and potential interference with its emergency operations. Therefore, the proposed Project would not create a new and significant impact involving the interference with an adopted emergency response plan or emergency evacuation plan; and no new substantial changes to the previous GPU EIR would be required.
G. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
GPU EIR Analysis:
The GPU EIR concludes that increased development occurring in the Wildland Urban Interface (WUI) due to GPU implementation could increase wildland fire-related risks. However, the City has incorporated special onsite fire protection measures to be specified during project review for areas where the fire hazard potential exists, specifically hilly areas with slopes of 10 percent or greater, areas with access problems, lack of water, or excessively dry brush (See Section 4.20 Wildfire).
Additionally, Municipal Code Section 17.08 incorporates defensible space clearing requirements.
Therefore, the GPU EIR concludes that wildland fire impacts are less than significant. Further information regarding wildfire can be found in Sections 2.21 Wildfire and 2.16 Public Services.
Proposed Project Analysis:
According to the CAL FIRE Fire Hazard Severity Zone Viewer (CAL FIRE 2021), the six parcels associated with the proposed Project are not located within a fire hazard zone nor are they located in an area prone to wildland fires. As such, the proposed Project would not result in exposing persons or structures directly or indirectly to a risk involving wildland fires. No new, significant impacts would occur; and no substantial changes to the previous GPU EIR would be required.
Item Number: 5.
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H. Would the project cause substantial adverse cumulative impacts with respect to hazards and hazardous materials?
The GPU EIR determines that GPU goals and policies reduce the potential for significant injury or environmental damage associated with the use, transport, and disposal of materials and wastes by identifying and monitoring materials and waste handlers and users through multijurisdictional cooperation and ensuring adherence to all applicable regulations. The implementation of the proposed Project would be subject to the policies of the GPU in addition to local, County, State, and federal guidelines relating to the handling and disposal of hazardous materials. Therefore, cumulative impacts would be less than significant.
2.11 HYDROLOGY AND WATER QUALITY
Discussion
A. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
GPU EIR Analysis:
Future development, including changes to land uses within the Planning Area as noted in the GPU EIR, could result in increase of urban runoff and increase pollutants in downstream waters. Future development that could result in impacts to surface or groundwater quality would be subject to existing water quality regulations and programs, along with the GPU policies and programs outlined in the GPU EIR and listed below:
▪ Policy OS-3.3: Runoff Pollution.
▪ Policy OS-3.5: Water District Consultation.
▪ Policy OS-3.9: Groundwater Contamination.
Implementation of the GPU policies in conjunction with existing regulatory programs would ensure impacts would be less than significant.
Proposed Project Analysis:
Parcels A and B are fully developed, and implementation of the proposed Project would not result in degradation of surface or groundwater quality. Parcels C, D, E, and F are currently vacant. Future development on these parcels would increase the area of impervious surfaces, thereby increasing stormwater runoff and potentially polluted runoff. However, as discussed in the GPU EIR, future developments, including land use changes, would be subject to the existing water regulations along with the GPU policies related to water quality to ensure that future development would evaluate and implement measures to minimize or prevent significant impacts to surface and groundwater quality.
Parcels D, E, and F are vacant properties that may be subject to Senate Bill (SB) 610, the Water Supply Assessment Statue. SB 610 would apply to proposed development, should it be classified as a project, under the California Water Code Section 10912, as listed below.
Item Number: 5.
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(a) “Project” means any of the following:
1) A proposed residential development of more than 500 dwelling units. 2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. 3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
4) A proposed hotel or motel, or both, having more than 500 rooms. 5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
6) A mixed-use project that includes one or more of the projects specified in this subdivision. 7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. (b) If a public water system has fewer than 5,000 service connections, then “project” means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system's existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections.
(c) “Public water system” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following:
1) Any collection, treatment, storage, and distribution facility under control of the operator of the system that is used primarily in connection with the system. 2) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system.
3) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption.
Should future developments require fulfillment of SB 610, a Water Supply Assessment must be prepared to evaluate if the projected water supplies are determined to be available to meet project water demand that is associated with the future project. Implementation of the GPU policies outlined in the GPU EIR in addition to existing regulatory guidelines, the proposed Project would result in no new, significant impacts; and no substantial changes from the previous analysis would be required.
Item Number: 5.
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B. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? GPU EIR Analysis:
Future development, including anticipated population growth, would result in increased water supply demand. A majority of the water services comes from local groundwater resources. The GPU EIR provides the following policies for water conservation:
▪ Policy MI-11.10: Water Supply.
▪ Policy OS-3.1: Water Conservation.
▪ Policy OS-3.2: Water Conservation Incentives.
▪ Policy OS-3.5: Water District Consultation.
▪ Policy OS-3.6: Landscaping.
▪ Policy OS-3.7: Gray Water.
▪ Policy OS-3.8: Recycled Water.
The MSWD and CVWD are two urban water suppliers within the City. Each urban water district requires adoption of urban water management plans that must evaluate the water supplies necessary to meet water demands. Both the MSWD and CVWD Urban Water Management Plans identify contingency planning and water reduction measures in the event of a water shortage. The GPU EIR notes that the existing water management plans do not take into account proposed development with the implementation of the GPU. Therefore, Mitigation Measure UTL-1 has been implemented to address potential impacts to water supplies. As noted in the GPU EIR, developments under the GPU will be approved if the anticipated water uses will be in excess of what was identified for supply under the most recent Urban Water Management Plan (UWMP).
The GPU also includes the following policies for groundwater recharge:
▪ Policy OS-3.3: Runoff Pollution.
▪ Policy OS-3.10: Site Drainage.
Implementation of UTL-1, applicable policies of the GPU, and compliance with existing regulations would result in less than significant impact.
Proposed Project Analysis:
As previously discussed, Parcels A and B are fully developed; and implementation of the proposed Project would not result in the interference of groundwater recharge or impede groundwater management.
Item Number: 5.
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Because Parcels C, D, E, and F are vacant, future development would increase the impervious area and thereby potentially impact groundwater recharge. As discussed in the previous section, and in the GPU EIR, future developments would be subject to existing water regulations and GPU policies related to water quality, water conservation, and groundwater recharge to ensure that no new, significant impacts would result. No substantial changes from the previous analysis would be required.
C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would; (i) result in substantial erosion or siltation on-or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows?
GPU EIR Analysis:
(i) Future development activities could result in erosion, siltation, and alteration of natural drainage patterns due to ground disturbances such as grading and other earthmoving activities. To minimize erosion and siltation impacts, projects shall implement the following GPU policies to address erosion and runoff, thereby resulting in less than significant impacts. ▪ Policy OS-3.3: Runoff Pollution
▪ Policy OS-3.9: Groundwater Contamination
(ii) Future development could result in the increase of impervious surfaces,thereby increasing runoff.
The following GPU policies would address surface runoff and minimize flooding on or off project areas. Implementation of these policies, in addition to complying with existing regulatory programs would ensure impacts to be less than significant. ▪ Policy LU-1.7: Infrastructure
▪ Policy OS-3.3: Runoff Pollution
▪ Policy OS-3.10: Site Drainage
(iii) Future development could result in the increase of impervious surfaces, thereby increasing runoff and potentially exceeding capacities of stormwater drainage systems and increasing polluted runoff. As noted in the GPU EIR, The City’s Engineering Department requires that new development not increase the rate of storm flows from developing properties. As such, use of detention basins and underground storage tanks is recommended. Therefore, implementation of City requirements, existing regulatory programs, and the GPU policies (LU-1.7: Infrastructure and Policy OS-3.10: Site Drainage) would address potential impacts to stormwater drainages and runoff to ensure impacts from runoff would be less than significant. (iv) Future development could occur within portions of the floodplains within the City, as noted in the GPU EIR. Chapter 15.72 of the City’s municipal code outlines provisions to reduce potential for flooding which includes standards for anchoring, construction materials, elevation, and floodproofing. Future development would also require implementation of the GPU policies outlined below to ensure future structures would not impede or redirect floodwaters. Therefore, implementation of these policies would result in less than significant impacts.
Item Number: 5.
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▪ Policy LU-1.7: Infrastructure
▪ Policy LU-9.5: Public Safety Siting
▪ Policy LU-10.3: Development Cluster
▪ Policy LU-11.5: Flood Control
▪ Policy MI-11.9: Flood Prevention
▪ Policy OS-1.16: Consult with Flood Control Agencies
Proposed Project Analysis:
Parcels A and B are fully developed and would not result in drainage alterations that would cause substantial erosion, significant increase in runoff, create an exceedance in drainage systems, or impede or redirect flood flows.
Parcels C, D, E, and F are currently vacant. While revising the existing land use and zoning of the parcels would not result in direct impacts, future development could result in an increase of impervious surfaces and thereby potentially increase runoff. As discussed in the GPU EIR, future development within the Planning Area shall comply with existing regulations and City guidelines and policies as outlined in the GPU to ensure that potential impacts from erosion, runoff, impedance of flood flows, and any increases of runoff would be less than significant. No substantial changes from the previous analysis would be required.
D. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? GPU EIR Analysis:
As discussed in the GPU EIR, the Planning Area does not contain any open reservoirs, lakes, or other large bodies of water, nor is the City within a tsunami inundation map. Wide Canyon Dam is located within the easterly portion of the City and is overseen by the State Department of Water Resources, Division of Safety of Dams. In the event of a dam failure, a small portion of the Planning Area would be affected, as the dam does not regularly hold back large amounts of water. Any future development occurring within a flood hazard area would be subject to existing regulations and policies for development. Due to the minimal risk within the Planning Area, and in compliance with development requirements within flood hazard areas, impacts would be less than significant.
Proposed Project Analysis:
Parcels A, B, and C are not located within a flood hazard, tsunami, or seiche zones. Therefore, any existing or future development would not result in a significant impact. Revising the land use and zoning of Parcel D would not result in a direct impact. However, Parcels D, E, and F are located within the flood hazard zones as shown in Exhibit 4.10-2: Flood Hazards of the GPU EIR. As discussed in the GPU EIR, any development that would occur within a flood hazard zone is subject to Chapter 15.72 Flood plain Construction of the Municipal Code that outlines requirements for new construction or substantial improvements, and the policies outlined in the GPU with regards to flood prevention and flood control such as Policy LU-11.5: Flood Control and Policy MI-11.9: Flood Prevention. Compliance with these development requirements would ensure less-than-significant impact. Therefore, the proposed Project would not result in new, significant impacts; and no substantial changes from the previous analysis would be required.
Item Number: 5.
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E. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
GPU EIR Analysis:
The Water Quality Control Plan for the Colorado River Basin Plan includes the objectives to protect ground and surface waters and outlines the objectives to protect beneficial uses and programs to achieve water quality objectives. The Sustainable Groundwater Management Act (SGMA) was signed into law on September 16, 2014 and requires governments and agencies to halt overdraft and bring basins into balanced levels. The GPU policies below outline the objectives to protect water supplies and water quality.
▪ Policy MI-11.10: Water Supply
▪ Policy MI-11.16: Septic Tank Removal
▪ Policy OS-1.1: Natural Habitat and Washes
▪ Policy OS-1.16: Consult with Flood Control Agencies
▪ Policy OS-3.1: Water Conservation
▪ Policy OS-3.2: Water Conservation Incentives
▪ Policy OS-3.3: Runoff Pollution
▪ Policy OS-3.5: Water District Consultation
▪ Policy OS-3.6: Landscaping
▪ Policy OS-3.7: Gray Water
▪ Policy OS-3.8: Recycled Water
▪ Policy OS-3.10: Site Drainage
Future development, in addition to the population increase associated with the GPU, would result in an increase of demand of water supplies. Furthermore, The GPU EIR notes that the existing water management plans do not take into account proposed development with the implementation of the GPU. Therefore, Mitigation Measure UTL-1 has been implemented to address potential impacts related to sustainable groundwater management. UTL-1 does not allow approval of new development associated with the implementation of the GPU if the development would increase water uses in excess of what has been identified for supply under the most recent UWMP. Therefore, with the implementation of the policies and mitigation measures outlined in the GPU EIR, in addition to compliance with existing regulations, no new, significant impacts would occur; and no substantial changes to the previous analysis would be required.
Proposed Project Analysis:
Parcels A and B are completely developed and current operations are not expected to conflict or obstruct existing management plans. Parcels C, D, E, and F are currently vacant and will be used for future development. As discussed previously in this section, future development on these parcels would increase the area of impervious surfaces, thereby increasing stormwater runoff. As discussed in the GPU EIR, future developments, including land use changes, would be subject to the existing water regulations along with the GPU policies and GPU EIR mitigation measures, such as UTL-1, related to water supplies and water quality.
In addition, should future developments require fulfillment of SB 610, a Water Supply Assessment must be prepared to evaluate if the projected water supplies are determined to be available to meet Item Number: 5.
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project water demand that is associated with the future project. Implementation of the GPU policies outlined in the GPU EIR in addition to existing regulatory guidelines, the proposed Project would result in no new, significant impacts; and no substantial changes from the previous analysis would be required.
F. Would the project cause substantial adverse cumulative impacts with respect to hydrology and water quality?
The GPU EIR concluded that implementation of the GPU would result in the increase of impervious surfaces, alter drainage conditions, and increase water demand which would lead to potential erosion, flooding, and water quality impacts. However, the adoption and implementation of the GPU policies, mitigation measures, and existing regulations would mitigate impacts. The proposed Project would comply with the policies and guidelines outlined in the GPU as well as existing regulatory policies, ensuring that the proposed Project would not result in cumulative effects from erosion, flooding, and water quality impacts within the Planning Area. Impacts would be less than cumulatively considerable.
2.12 LAND USE AND PLANNING
Discussion
A. Physically divides an established community?
GPU EIR Analysis:
The GPU EIR states that the GPU does not propose circulation changes that would restrict access within the City. The GPU provides policies that would facilitate travel within the Planning Area. The implementation of the GPU and compliance of these policies would not cause a physical division of an established community.
▪ Policy MI-1.1: Transportation Network Improvements
▪ Policy MI-2.6: Rights-of-Way
▪ Policy MI-3.7: Pedestrian Street Design
▪ Policy MI-4.1: Prioritize Walking
▪ Policy MI-4.2: Active Transportation Facilities
▪ Policy MI-4.3: Connectivity
▪ Policy MI-7.2: Transit Expansion
▪ Policy MI-7.3: Transit Facilities
Proposed Project Analysis:
The proposed Project consists of revising the existing land use and zoning designations to be consistent with existing uses and to allow new development within the vacant parcels. Parcels A and B are currently developed, and operation would not result in dividing an established community.
Parcels C, D, E and F are vacant. While these parcels will include new development, the proposed activities do not include construction of a physical feature, such as a freeway or railway, or remove an infrastructure that would restrict movement and travel within the City. Therefore, the proposed Item Number: 5.
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Project would not result in new, significant impacts and would not require new substantial changes to the previous analysis.
B. Causes a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? GPU EIR Analysis:
Land use plans and policies referenced in the GPU EIR include SCAG‘s RTP/SCS, the City’s former 2000 General Plan, the City of Desert Hot Springs Specific Plans, and Zoning and Subdivision Ordinances.
Analysis of the implementation of the GPU and its effects to the goals of the RTP/SCS are discussed in detail in the GPU EIR. The GPU EIR concludes that the implementation of the GPU would result in new development that would include increase of employees, hotel/motel rooms, and nonresidential square footage. However, the GPU includes policies that would complement the goals provided in the RTP/SCS, thereby not causing a conflict with the SCAG’s land use plans and policies. Because population growth associated with the GPU is anticipated to exceed the projected population growth from SCAG, further discussion is provided in the Population and Housing section of the GPU EIR.
Implementation of the GPU would replace the City’s former 2000 General Plan, including proposed changes to the land use elements. Implementation of the GPU would support the goals outlined in the 2000 General Plan and not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation.
To be consistent with State law, the zoning ordinance must be updated to reflect the changes of the GPU so that development standards would be consistent with the GPU. Therefore, the implementation of the GPU would not cause a significant impact due to a conflict with land use plans and policies.
Proposed Project Analysis:
The intent of the proposed Project is to revise the existing land use and zoning designations of the four listed parcels to be consistent with existing uses and to allow new development types within the vacant parcels. The existing uses within Parcels A and B were not consistent with the existing land use and zoning designations; however, they were approved under a Conditional Use Permit. Therefore, revising the land use and zoning designations of Parcels A and B would not cause a significant impact due to conflict with existing land uses. In fact, the proposed Project would revise the land use and zoning of Parcels A and B to be consistent with the GPU and the current uses. As a result, the proposed Project would not result in new, significant impacts due to a conflict with land use plans and policies.
Parcels C (zoned as R-M), D (zoned as R-L), E (zoned as R-RD), and F (zoned I-E/C-BP) are currently vacant and are designated for residential uses (C and D) or as vacant land (E and F). The proposed Project would revise the parcels’ uses to a Mixed-Use Corridor (gas station), Visitor-Serving Corridor (spa facility), and Light Industrial (warehouse), respectively. Parcel C is proposed to be used to expand the existing gas station. To allow the expansion of the gas station, the parcel’s land use and zoning designation must be revised to allow for commercial uses. Changes of the development standards from R-M to MU-C are shown below. Based on the development standards, development within MUC districts allows greater residential development in comparison to R-M designations and allowslarger lot sizes and building heights. However, the expansion of the gas station into the vacant parcel must Item Number: 5.
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meet existing development guidelines for fueling stations/gas stations, including meeting specific design criteria for commercial development as outlined in the Municipal Code. Therefore, impacts would not be potentially significant as related to conflicts with land use plans and policies.
Table 2: Residential Medium Density and Mixed-Use Development Standards R-M
(Residential Medium
Density)
MU-C
(Mixed-Use Corridor)
Density
Max Density – Residential 20 du/1 ac 30 du/1 ac
Minimum Density – Residential - 20 du/1 ac
Floor Area Ratio (FAR) – Non –
Residential
- 1.5
Lot Dimensions, Size, and Coverage
Minimum Lot Size (net) Single Family
and Multi Family
7,200 sf – 10,000 sf 20,000 sf
Minimum Lot Width: Standard 45 ft 100 ft
Setbacks and Building Separations
Minimum Building Separation 8 ft 10 – 25 ft (between multiple buildings on single lot residential to residential
or residential to nonresidential)
Maximum Building Height 30 ft - 55 ft 60 ft (4 stories) Notes: ac: acre; du: dwelling unit; ft: foot/feet; min: minimum; max: maximum; sf: square foot/feet Parcel D is proposed to be developed as a spa facility. Visitor-Serving Corridors would be subject to approval of a Conditional Use Permit and would utilize the development standards the City Council would deem appropriate to ensure the continued quality and image of the City as an international hot water spa/resort community, ensure the integrity of the low-density residential resort character, and ensure development of the concept of a pedestrian-friendly corridor. As it stands, Parcel D is currently designated for residential uses. Therefore, any proposed spa development on this parcel would conflict with existing land uses. Changes to the development standards from R-L to VS-C are shown below. Based on the development standards, development within VS-C/V-S-C districts do not allow residential uses. The lot sizes and maximum buildout would vary based on the proposed operations of the site. Building heights for VS-C/V-S-C districts would be limited to 20 feet, or one story, in comparison to residential building heights, which can reach up to 30 feet. Because any proposed development within this district would be subject to the development standards of the municipal code and must consider the design and development policies outlined in the GPU, impacts would not be potentially significant as related to conflicts with land use plans and policies.
Item Number: 5.
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Table 3: Residential Low and Visitor-Serving Development Standards R-L
(Residential Low)
VS-C / V-S-C
(Visitor Serving Commercial)
Density
Maximum Density – Residential 6 du/1 ac Residential not a permitted use Minimum Density – Residential - Residential not a permitted use Floor Area Ratio (FAR) – Non –
Residential
- 0.30
Lot Dimensions, Size, and Coverage
Minimum Lot Size (net) Single Family
and Multi Family
9,000 sf Residential not a permitted use
Minimum Lot Width: Standard 50 ft -
Gross Lot Area - 2.5 ac – 5 ac (min to max)
Individual Lot Area - 5,000 sf (min)
Setbacks and Building Separations
Minimum Building Separation 10 ft 10 ft
Maximum Building Height 30 ft 35 ft (3 stories)
Notes: ac: acre; du: dwelling unit; ft: foot/feet; min: minimum; max: maximum; sf: square foot/feet Parcel E is proposed to be developed as industrial facilities, likely a warehouse. As it stands, Parcel E is currently zoned for residential uses. Therefore, any proposed warehouse development on this parcel would conflict with existing land uses. Changes to the development standards from R-RD to I-L are shown below. The lot sizes and maximum buildout would vary based on the proposed operations of the site. Building heights for the I-L district would be limited to 50 feet, or two stories unless the Planning Commission finds that increased height is necessary for the proposed industrial use. In comparison, residential building heights can reach up to 30 feet. Because any proposed development within this district would be subject to the development standards of the municipal code and must consider the design and development policies outlined in the GPU, impacts would not be potentially significant as related to conflicts with land use plans and policies.
Table 4: Residential Rural Desert and Light Industrial Standards R-RD
(Residential Rural Desert)
I-L
(Light Industrial)
Density
Maximum Density – Residential 1 du/5 ac Residential not a permitted use Lot Dimensions, Size, and Coverage
Minimum Lot Size (net) Single Family
and Multi Family
1 ac Residential not a permitted use
Minimum Lot Width: Standard 600 ft -
Gross Lot Area - 20,000 sf
Maximum Lot Coverage - 75 sf
Setbacks and Building Separations
Minimum Building Separation 10 ft -
Maximum Building Height 30 ft 50 ft (2 stories)*
Notes: ac: acre; du: dwelling unit; ft: foot/feet; sf: square foot/feet Item Number: 5.
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*Unless the Planning Commission finds that increased height is necessary for the proposed industrial use.
Parcel F is proposed to be developed as industrial facilities, likely a warehouse. As it stands, Parcel F is currently zoned for industrial energy production and business park uses. Any proposed warehouse development on this parcel would conflict with existing zoning for industrial energy production, as it would impair the long-term ability to develop and harvest wind and other energy resources. Changes to the development standards from I-E and C-BP to I-L are shown below. The lot sizes and maximum buildout would vary based on the proposed operations of the site. Because any proposed development within this district would be subject to the development standards of the municipal code and must consider the design and development policies outlined in the GPU, impacts would not be potentially significant as related to conflicts with land use plans and policies.
Table 5: Industrial Energy Production, Business Park, and Light Industrial Standards I-E
(Industrial Energy
Production)
C-BP
(Business Park)
I-L
(Light Industrial)
Density
Floor-area ratio (FAR) - 0.30 -
Lot Dimensions, Size, and Coverage
Gross Lot Area 10 ac (min) 10 ac to 20 ac (min to
max)
20,000 sf (min)
Individual Lot Area - 10,000 sf -
Maximum Lot Coverage - - 75 sf
Setbacks and Building Separations
Minimum Building Separation - 20 ft -
Maximum Building Height - 50 ft 50 ft (2 stories)*
Front Setbacks 20 sf 10 ft 20 sf
Rear Setbacks - - 10 sf
Side Setbacks - - 10 sf
Notes: ac: acre; du: dwelling unit; ft: foot/feet; sf: square foot/feet * Unless the Planning Commission finds that increased height is necessary for the proposed industrial use.
The proposed Project would not result in new, significant impacts or require new substantial changes to the previous analysis. In fact, the proposed Project would ensure that the land use and zoning designations would be consistent with existing uses. Any proposed development would be subject to City review and to the development standards outlined in the GPU EIR and municipal code.
Compliance with the City’s policies would result in no new, significant impacts; and no substantial changes from the previous analysis would be required.
C. Would the project cause substantial adverse cumulative impacts with respect to land use and planning?
The GPU EIR found that adoption and implementation of the GPU, in addition to anticipated population growth, would result in increase of employees, additional hotel/motel rooms, and increase of non-residential square footage. However, the GPU policies would complement the goals outlined in the RTP/SCS and would ensure consistency between the City’s zoning ordinances and the GPU.
Item Number: 5.
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The proposed Project would result in revising the land use and zoning designations to be consistent with existing uses. Furthermore, the proposed development on Parcels C, D, E, and F would be required to adhere to all development requirements of the GPU and are subject to City review. As such, adherence to the provisions of the GPU and development standards would not result in new or substantially more severe impacts not previously disclosed in the GPU EIR, and impacts would be similarly less than cumulatively considerable.
2.13 MINERAL RESOURCES
Discussion
A. Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state?
GPU EIR Analysis:
The GPU EIR determined that most of the City is designated as having little potential for development of mineral resources. The three key areas where known mineral resources are within or close to the City were determined not to be substantially impacted by the GPU. Thus, the GPU EIR concludes that a less-than-significant impact to the availability of known mineral resources of value to the region or State will occur as a result of implementation of the GPU.
Proposed Project Analysis:
According to Figure OS-4 in the City’s General Plan, none of the parcels associated with the proposed Project are located within areas where known mineral resources exist in the planning area (City 2020b). Therefore, the proposed Project would not result in loss of availability of a known mineral resource, and no new or more severe impacts than those previously disclosed in the GPU EIR would result. No substantial changes from the previous analysis would be required.
B. Result in the loss of availability of a local important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? GPU EIR Analysis:
The GPU EIR states that the existing Desert Hot Springs General Plan and the Riverside County General Plan do not identify any locally important mineral resources within the Planning Area. No other planning documents identify any locally important mineral resources. It was determined that no impacts to the availability of known mineral resources of value to the region or State will occur as a result of implementation of the GPU.
Proposed Project Analysis:
The parcels associated within the proposed Project would be located within the boundaries of the City of Desert Hot Springs and the County of Riverside, where no locally important mineral resources have been identified (City 2020a). No new or more severe impacts than those previously disclosed in the GPU EIR would result.
Item Number: 5.
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C. Would the project cause substantial adverse cumulative impacts with respect to mineral resources? As described in the GPU EIR, the GPU would result in additional population growth and development in the City; however, this would not result in a substantial loss of mineral resources. Although limited known mineral resources are present in the area, future development projects in the area were found not to result in significant cumulative impacts to mineral resources because the areas targeted for development in the City do not conflict with the existing mineral resources and/or the existing mineral resource already is developed with residential uses. The GPU EIR concluded cumulative impacts to mineral resources are less than significant.
According to the City and County General Plans, known mineral resources are limited in the area.
Although the proposed Project involves future development of Parcels C, D, E, and F, the proposed Project would not result in significant cumulative impacts to mineral resources because these parcels do not conflict with the existing mineral resources in the City. Cumulative impacts regarding mineral resources would remain less than significant and would not result in a cumulatively considerable impact.
2.14 NOISE
Discussion
A. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies;
GPU EIR Analysis:
The GPU EIR concluded that GPU implementation would involve construction that would result in temporary noise generation, primarily from the use of heavy-duty construction equipment.
Additionally, GPU implementation would increase population and employment in the City, leading to increased vehicle traffic on the local roadway system. An increase in vehicle traffic could introduce traffic-related noise levels that pose land use compatibility issues or result in a substantial permanent increase in traffic-related noise levels throughout the City. The GPU EIR found that implementation could also involve increases in stationary noise and other sources of noise within the City. The GPU includes goals and policies that serve to minimize the impact of ambient noise levels throughout the city including:
▪ Policy SN-8.1: Sensitive Land Uses
▪ Policy SN-8.2: Noise Impacts
▪ Policy SN-8.3: Noise Mitigation
▪ Policy SN-8.5: Compatible Land Uses
▪ Policy SN-8.9: Exterior Noise Standards
▪ Policy SN-8.13: Noise Reducing Pavement
The GPU EIR concluded that Mitigation Measure NOI-1 would render potential construction noise impacts from future development projects a less than significant impact. The application of the policies and objectives outlined in the GPU were also found to reduce the impacts related to stationary and other sources of noise to less than significant levels. Nonetheless, traffic-related noise impacts Item Number: 5.
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were determined to be significant and unavoidable because the potential level of reduction is uncertain at this time.
Proposed Project Analysis:
The proposed Project would not generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project sites in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The following section summarizes the potential noise emissions associated with the temporary construction activities and long-term operations of the proposed Project and compares the noise levels to the City standards.
Construction-Related Noise
Noise impacts from construction activities associated with the proposed Project would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities. Section 8.12.110(B) of the City’s Municipal Code exempts construction noise from the City’s noise standards, provided that construction activities occur within the hours of work permitted that is detailed in Section 9.04.030 of the Municipal Code that restricts construction activities from occurring between 5:00 p.m. and 7:00 a.m. when daylight savings time is not in effect and from occurring between 6:00 p.m. and 6:00 a.m. when daylight savings time is in effect. Section 9.04.030 also restricts construction from occurring on Sundays. However, the City construction noise standards do not provide any limits to the noise levels that may be created from construction activities and even with adherence to the City standards, the resultant construction noise levels may result in a significant substantial temporary noise increase to the nearby residents.
In order to determine if the proposed construction activities would create a significant substantial temporary noise increase, the Federal Transit Administration (FTA) construction noise criteria thresholds detailed in the Noise Impact Analysis (Appendix C) Section 4.1 have been utilized, which shows that a significant construction noise impact would occur if construction noise exceeded 90 dBA Leq (equivalent continuous noise level) at any of the nearby sensitive receptors.
Construction noise impacts to the nearby sensitive receptors have been calculated through use of the Roadway Construction Noise Model (RCNM) and the parameters and assumptions detailed in Section
6.1 of Appendix C. It should be noted that construction activity would only potentially occur on APNs 641-091-025 and 656-150-003 that are currently vacant land. The other two parcels (APNs 641-042- 047 and 641-091-021) are currently developed and no construction is anticipated to occur on these two parcels as part of the proposed Project. In addition, the nearest sensitive receptor to APN 666- 370-032 are single-family homes located on the north side of 18th Street that is approximately 0.7- mile northwest of the parcel. Due to this distance, no construction noise impacts would occur from development of APN 666-370-032 and no further analysis is provided of this parcel. The results are shown in Table H and in the RCNM printouts of Appendix C. The results for the construction related noise show that the greatest noise impacts would during the Site Preparation phase of construction, with a noise level as high as 87 dBA Leq at the nearest home to APN No. 641-091-025, 71 dBA Leq at the nearest homes to APN No. 656-150-003, and 66 dBA Leq at the nearest home to APN No. 665- 100-026. None of the construction phases would exceed the FTA construction noise standard of 90 dBA. Therefore, through adherence to allowable construction times provided in Section 9.04.030 of the Municipal Code and through implementation of the required construction noise reduction Item Number: 5.
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measures provided in Mitigation Measure NOI-1 from the General Plan EIR, the construction activities for the proposed Project would not create a substantial temporary increase in ambient noise levels that are in excess of applicable noise standards. Impacts would be less than significant.
Operational-Related Noise
The proposed Project would consist of the change of the land use designations of four parcels from residential to commercial uses. Potential noise impacts associated with the operations of the proposed Project would be from project-generated vehicular traffic on the nearby roadways and from onsite activities, which have been analyzed separately below.
Roadway Vehicular Noise
Vehicle noise is a combination of the noise produced by the engine, exhaust and tires. The level of traffic noise depends on three primary factors (1) the volume of traffic, (2) the speed of traffic, and (3) the number of trucks in the flow of traffic. The proposed Project does not propose any uses that would require a substantial number of truck trips and the proposed Project would not alter the speed limit on any existing roadway so the proposed Project’s potential offsite noise impacts have been focused on the noise impacts associated with the change of volume of traffic that would occur with development of the proposed Project.
The General Plan Noise Element Policy SN-8.1, requires the protection of noise sensitive land uses from high noise levels from both existing and future noise sources. Policy SN-8.2 requires new development to assess the potential to generate adverse and incompatible noise impacts. However, the General Plan does not define what constitutes a “significant increase in noise levels”, as such, this impact analysis has utilized guidance from the FTA for a moderate impact that has been detailed in Appendix C that shows that the project contribution to the noise environment can range between 0 and 7 dB, which is dependent on the existing noise levels.
The Air Quality Analysis prepared for the proposed Project (Appendix B), utilized the CalEEMod Version 2020.4.0 for estimating air pollutant emissions created from the development of the six parcels based on the existing General Plan land use designations as well as the proposed Project land use designations. One of the features of the CalEEMod model is that it calculates the anticipated daily vehicle trips from each land use analyzed. As such, the daily trips calculated by the CalEEMod model has been utilized to show the net change created in daily trips created from implementation of the proposed Project which is shown in detail in Table I of Appendix C.
The results show that implementation of the proposed Project would result in a net reduction of 23,364 daily trips, which is mostly due to the change of use of APN 666-370-032, which would change from a business park land use to an industrial park land use. However, the information shows that three of the six parcels would result in a net increase in daily trips with the proposed land use changes, with the greatest increase occurring at APN 641-091-025 that would change from single-family residential to a convenience store land use. APN 641-091-025 is located on the north side of Granada Avenue, just west of Palm Drive, which would likely be the primary roadway utilized to access this parcel. According to the General Plan EIR, Palm Drive between Pierson Boulevard and Hacienda Avenue is anticipated to have 24,000 daily trips with buildout of the General Plan. In order for a project’s generated vehicle trips to increase road noise by 3 dB, the project would need to double the number of daily trips on a roadway. Since the change to APN 641-091-025 would increase the vehicle Item Number: 5.
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trips on Palm Drive by up to 6.9 percent, which is well below the 100 percent increase required to increase the noise level by 3 dB, the proposed Project’s potential impact to roadway noise would be less than significant.
Onsite Noise Sources
The operation of the proposed Project may create an increase in onsite noise levels from the operation of commercial uses on the six parcels that may include parking lot, auto repair shop, convenience market and gas station, a spa with a café and industrial park land uses.
Section 17.40.180(A) of the City’s Municipal Code limits the noise created from onsite sources to 65 dBA at the property lines of the nearby residential uses and 45 dBA at the interior of any nearby residential uses. As detailed above, APNs 641-042-047 and 641-091-021 are currently developed and no change in existing land use is anticipated to occur on these two parcels as part of the proposed Project. In addition, the nearest sensitive receptor to APN 666-370-032 are single-family homes located on the north side of 18th Street that is approximately 0.7-mile northwest of this parcel, and as such no exceedance of the City’s noise standards would occur from operation of any development on this property. Of the remaining three parcels (i.e., APNs Nos. 641-091-025, 656-150-003, and 665- 100-026), the noise measurements taken at these three parcels (see Section 5.2 of Appendix C and the discussion in part A above) found that the noise levels currently range between 39.4 and 54.5 dBA Leq, which shows that currently the noise level at these parcels are below the City’s 65 dBA exterior noise standard. However, since the proposed Project does not include any specific plans for these three parcels, it is not possible at this time to calculate the noise level created from future development on these four parcels, which depending on what is constructed has the potential to create operational noise levels that exceed 65 dBA at the property lines of the nearby homes. As such, this would be considered a significant impact.
Mitigation Measure 1 is provided that would require the preparation of an acoustical analysis for any development that may occur on these six parcels. The acoustical analysis shall document any potential onsite noise sources and calculate the potential exterior noise level at the property line of the nearest residential use as well as calculate the potential interior noise level at the nearest home.
The calculated exterior and interior noise levels at the nearest home shall be compared to the noise standards provided in Section 17.40.189(A) of the City’s Municipal Code and if an exceedance is found, feasible mitigation such as installation of sound walls, use of quieter equipment, as well as site design changes shall be implemented and quantified to reduce the project’s operational noise levels to within the City’s noise standards. Therefore, with implementation of Mitigation Measure 1, operational onsite noise impacts would be less than significant
Mitigation Measure 1:
Prior to approval of any new development on the six parcels, the project applicant shall prepare an acoustical analysis that documents any potential onsite noise sources and calculate the potential exterior noise level at the property line of the nearest residential use as well as calculate the potential interior noise level at the nearest home. The calculated exterior and interior noise levels at the nearest home shall be compared to the noise standards provided in Section 17.40.189(A) of the City’s Municipal Code and if an exceedance is found, feasible mitigation such as installation of sound walls, use of quieter equipment, as well as site design changes shall be implemented and quantified to reduce the project’s operational noise levels to within the City’s noise standards.
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B. Generation of excessive groundborne vibration or groundborne noise levels; GPU EIR Analysis:
As concluded in the GPU EIR, future growth associated with GPU implementation would increase construction activities which have the potential to result in varying degrees of temporary ground vibration. The GPU EIR states that typical construction activities may be barely to distinctly perceptible when occurring within approximately 150 feet of sensitive land uses; however, most construction equipment does not operate in the same location for prolonged periods of time. Therefore, even if construction equipment were to operate near a building where receptors may feel vibration, it was concluded that vibration would occur only temporarily and would not be considered excessive. The GPU EIR found this impact to be less than significant.
Proposed Project Analysis:
The proposed Project would not expose persons to or generation of excessive groundborne vibration or groundborne noise levels. The following section analyzes the potential vibration impacts associated with the construction and operations of the proposed Project.
Construction-Related Vibration Impacts
Vibration impacts from construction activities associated with the proposed Project would typically be created from the operation of heavy off-road equipment. The nearest sensitive receptors to the six parcels are the single-family home located as near as 3 feet from APN No. 641-091-025.
Section 8.12.010 of the City’s Municipal Code controls unnecessary, excessive, and annoying noise and vibration. However, since neither the Municipal Code nor the General Plan provides a quantifiable vibration threshold level, Caltrans guidance that is detailed in Appendix C and discussed above have has been utilized, which defines the threshold of perception from transient sources at 0.25 inch per second PPV.
The primary source of vibration during construction would be from the operation of a bulldozer. From Table G of Appendix C, a large bulldozer would create a vibration level of 0.089 inch per second peak particle velocity (PPV) at 25 feet. Based on typical propagation rates, the vibration level at the nearest home (3 feet away) would be 0.92 inch per second PPV, which would exceed the 0.25 inch per second PPV threshold detailed above. This would be considered a significant impact.
Mitigation Measure 2 is provided that would require the preparation of a vibration analysis for any development that may occur on these six parcels. The vibration analysis shall document any potential onsite sources of vibration from construction and calculate the potential vibration levels at the nearest residential use. The calculated vibration levels shall be compared to Caltrans vibration standards and if an exceedance is found, feasible mitigation such as use of equipment that create less vibration shall be utilized, such as a small dozer (i.e., D1, D2, or D3 dozers) produces a vibration level of 0.003 inch-per-second PPV at 25 feet or 0.03 inch-per-second PPV at 3 feet. Therefore, with implementation of Mitigation Measure 2, construction-related vibration impacts would be less than significant
Operations-Related Vibration Impacts
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The proposed Project would consist of the change of the land use designations of six parcels from residential to commercial uses that may include parking lot, auto repair shop, convenience market and gas station, a spa with a café, and industrial park. The potential commercial uses that may be developed on the six parcels do not include any known sources of vibration. Therefore, a less than significant vibration impact is anticipated from operation of the proposed Project.
Mitigation Measure 2: Prior to approval of any new development on the six parcels, the project applicant shall prepare a construction-related vibration analysis that documents any potential sources of vibration and calculates the potential vibration levels at the nearest residential use. The calculated vibration levels shall be compared to Caltrans vibration standards and if an exceedance is found, feasible mitigation such as use of equipment that create less vibration shall be utilized, such as a small dozer (i.e., D1, D2, or D3 dozers) that produces a vibration level of 0.003 inch-per-second PPV at 25 feet or 0.03 inch-per-second PPV at 3 feet.
C. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels; or GPU EIR Analysis:
According to the GPU EIR, the closest airport to the City is the Palm Springs International Airport, located approximately 2.5 miles south of the closest City boundary. The City was determined to be located outside the noise contour zone associated with Palm Springs International Airport. Also, no private airstrips were identified in the City. Thus, the GPU EIR concluded that GPU implementation would not expose people residing or working in the City to excessive airport-related noise levels, and impacts would be less than significant.
Proposed Project Analysis:
The proposed Project would not expose people residing or working in the project area to excessive noise levels from aircraft. The nearest airport is Palm Springs International Airport that is located as near as four miles south of the nearest of the six parcels. The six parcels are located outside of the 60 dBA CNEL noise contours of Palm Springs International Airport. No impacts would occur from aircraft noise.
D. Would the project cause substantial adverse cumulative impacts with respect to noise? The GPU EIR determined that GPU implementation would result in construction noise and vibration as individual development projects are constructed over time to meet predicted growth. Each individual development would be subject to City regulations and policies regarding construction noise and vibration, as well as Mitigation Measure NOI-1. Thus, construction noise would not make a cumulatively considerable contribution to a significant cumulative construction noise impact. Once constructed, development projects would contribute to the potential permanent increases in noise levels. The long-term increases in traffic in the City would result in a cumulatively considerable increase in noise levels along many road segments in the City, causing significant and unavoidable impacts.
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As previously mentioned, the based on the analysis of construction and operational noise impacts, implementation of the mitigation measures outlined in the GPU EIR such as Mitigation Measures NOI1, in addition to complying with the City’s Municipal Code would result in reduced impacts to noise.
Two of the six parcels are currently developed with no anticipated change to the existing uses that could result in an increase in construction and operational noise impacts. For the other vacant parcels, as previously discussed, the potential for noise impacts would be associated from project-generated vehicular traffic on the nearby roadways and from onsite activities. Given that noise levels of the remaining undeveloped parcels are only assumed, the actual level of impacts can vary depending on what would be constructed, a stand-alone noise impact analysis would be required to analyze site specific construction and operational activities to identify if the confirmed uses would result in potentially significant impact, and to identify the appropriate measures to be implemented for the project to comply with the GPU EIR as well as the GPU’s Safety and Noise Element goals. Therefore, cumulative impacts to noise would be reduced with the implementation of the GPU EIR’s mitigation measures.
2.15 POPULATION AND HOUSING
Discussion
A. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)?
GPU EIR Analysis:
As described in the GPU EIR, the GPU predicts the City will grow in population from 29,390 in 2018 to 88,476 by 2040, representing an increase of 201 percent. Thus, population growth in the GPU exceeds the projected population growth forecast from the SCAG. During the same period, SCAG estimates a 100 percent increase from the 2018 population of 29,390 to 58,900 by 2040. By 2040, the GPU also anticipates the City would consist of 53,664 dwelling units, more than doubling the number of housing units within City limits. Nonetheless, the GPU EIR concludes that the General Plan does not determine the rate of growth in the City; rather, it allocates growth as it occurs in accordance with the City’s policies for type, intensity, and location as set forth in the GPU. New development occurring in currently undeveloped areas would be required to expand infrastructure to serve their development, but such expansion would not occur on its own to induce growth. Therefore, the GPU EIR found that the GPU is not structured to induce population growth that would not otherwise occur in the City; therefore, physical impacts resulting from GPU implementation and subsequent population growth would be less than significant. To adequately assess the indirect impacts of population growth, the GPU EIR refers to the following sections:
▪ Air Quality
▪ Biological Resources
▪ Greenhouse Gases
▪ Public Services
▪ Utilities
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Proposed Project Analysis:
All Parcels A through E associated with the proposed Project are currently zoned for residential uses.
Parcel F is zoned for industrial energy production and business park uses. Parcels A and B contain existing commercial developments. Parcels C, D, E, and F are vacant and propose development of a gas station expansion, spa, and warehouses respectively. The Project would result in zoning designation changes from residential uses to commercial uses, residential uses to light industrial uses, as well as energy production and business park uses to light industrial uses. These proposed changes would result in a reduced impact on population and housing from existing residentially zoned designations. The GPU EIR found that the GPU is not structured to induce population growth. Similar to the GPU, the proposed Project would not directly induce population growth; however, population growth would be less under the proposed Project. Additionally, indirect impacts related to population growth would also be less. Overall, with the proposed change from residential designations to commercial designations, impacts would be reduced under the proposed Project. Therefore, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.
B. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
GPU EIR Analysis:
The GPU does not propose any policies that are intended to or that would indirectly result in displacement or demolition of any permanent or temporary residential structures or otherwise result in displacement of people or businesses. Overall, the GPU EIR determined that the GPU policies increase the number of housing units in the City. It was concluded that redevelopment could occur whether the GPU was adopted or not; therefore, the GPU would have no effect involving displacement of housing or businesses. Additionally, no specific policies are included within the GPU requiring or encouraging demolition of existing structures. The GPU EIR finds that impacts concerning housing displacement are less than significant.
Proposed Project Analysis:
The proposed Project would change the zoning designation of five parcels (A through E) from residential to commercial uses. Parcel F’s zoning designation would change from energy production and business park uses to light industrial uses. Parcels A and B are already developed with commercial uses. Parcels C, D, E, and F are currently vacant. Since the parcels are either vacant or already developed with commercial uses, implementation of the proposed Project would not directly or indirectly displace people or housing. The proposed Project would not alter any existing GPU policies that increase the number of housing units in the City. Therefore, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.
C. Would the project cause substantial adverse cumulative impacts with respect to population and housing?
The GPU EIR finds that implementation of the GPU would result in increased residential density, which would increase the population of the City. The City would ensure that existing regulations and land Item Number: 5.
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use policies are used to avoid or reduce identified potential environmental impacts. Although some existing housing units are susceptible to redevelopment, the amount of new housing that will be needed exceeds the housing that could be replaced. The GPU EIR concluded that GPU policies will reduce impacts to population and housing to less-than-significant levels.
As previously mentioned, five of six parcels that are part of the proposed Project are currently zoned for residential uses. For these five parcels, the Project would result in a zoning designation change from residential uses to commercial or industrial uses. These proposed changes would result in a reduced impact on population and housing. Therefore, cumulative impacts to population and housing would be reduced; and the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR.
2.16 PUBLIC SERVICES
Discussion
A. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire Protection;
GPU EIR Analysis:
The GPU EIR found that implementation of the GPU would result in an increase in population of the City, which would increase demand for fire protection services and would potentially result in the need for additional and/or expanded fire protection facilities. The GPU EIR outlines mitigation measures that would require the City Council to annually evaluate the need for additional fire protection facilities and, if a new facility would be required, that the construction of a building undergo project specific CEQA analysis. Additionally, the City has policies (1.7 Adequate Fire Resources and SN-1.14 Additional Fire Station) to examine construction of another fire facility and provide consistent levels of services as the population grows. With incorporation of mitigation and the City’s policies, impacts would be reduced to less than significant.
Proposed Project Analysis:
All parcels under the proposed Project are currently zoned for residential uses. Parcels A and B are existing commercial developments with existing fire protection services. Parcels C, D, E, and F are vacant and propose extension of a gas station, construction of a spa, and construction of two warehouses, respectively. These proposed uses would result in a reduced impact on public services from five currently residentially zoned parcels and would not result in a significant increase in population. Parcel F’s zoning for industrial energy production and business park uses would be changed to be zoned for light industrial uses, which would not affect population growth.
The Project would also be required to adhere to Mitigation Measures PS-1 and PS-2 to minimize potential impacts to the Riverside County Fire Department (RCFD). Additionally, the Project would be required to adhere to City policies 1.7 Adequate Fire Resources and SN-1.14 Additional Fire Item Number: 5.
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Station. Overall, with the proposed change of five parcel’s zoning from residential designations to commercial designations, impacts would be reduced under the proposed Project. With mitigation incorporated and adherence to existing City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR. No substantial changes from the previous analysis would be required.
ii) Police Protection;
GPU EIR Analysis:
The GPU EIR found that implementation of the GPU would result in an increase in population in the City, which would result in a potential increased demand for police protection services.
However, the GPU EIR found that the current number of sworn officers for every 1,000 residents is consistent with SN-2.2 Staff Ratio of 1.5 sworn officers for every 1,000 residents. Additionally, the GPU EIR found that the response time for the Police Department was 3.1 minutes, relatively close to the goal of Policy SN-2.3 Police Response Times of 3.0 minutes. The GPU EIR noted that if a new facility were to be built, it would be subject to the development review process and environmental review pursuant to CEQA. With adherence to the City’s policies, impacts would remain less than significant.
Proposed Project Analysis:
Five of six parcels associated with the proposed Project are currently zoned for residential uses, Parcels A through E. Parcels A and B are existing commercial developments with existing police protection services. Parcels C, D, E, and F are vacant and expansion of a gas station, construction of a spa, and construction of two warehouses, respectively. These proposed uses would result in a reduced impact on public services from five currently residentially zoned parcels and would not result in a significant increase in population. Parcel F’s zoning for industrial energy production and business park uses would be changed to be zoned for light industrial uses, which would not affect population growth. Additionally, the Project would be required to adhere to City policy SN-2.2 Staff Ratio. Overall, with the proposed change from residential designations to commercial designations, impacts would be reduced under the proposed Project. With adherence to existing City policies, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR. No substantial changes from the previous analysis would be required. iii) Schools;
GPU EIR Analysis:
The GPU EIR found that the GPU would introduce a significant number of students by the year 2040, which would result in the need for additional and/or expanded school facilities. However, existing laws and regulations would require funding for the provision or expansion of new school facilities to offset impacts from new residential or commercial/industrial development. Therefore, this impact would be less than significant.
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Proposed Project Analysis:
As previously mentioned, five of six parcels associated with the Project are currently zoned for residential uses. Parcels A and B are existing commercial developments with existing public services. Parcels C, D, E, and F are vacant and propose extension of a gas station, construction of a spa, and construction of two warehouses, respectively. These proposed uses would result in a reduced impact on public services from five existing residentially zoned parcels and would not result in a significant increase in population. Parcel F’s zoning for industrial energy production and business park uses would be changed to be zoned for light industrial uses, which would not affect population growth. Additionally, the Project would be required to adhere to existing laws and regulations which require funding for the provision or expansion of new school facilities to offset impacts from new residential or commercial/industrial development. Overall, with the proposed change of five residential designations to commercial or industrial designations, impacts would be reduced under the proposed Project. With adherence to existing laws and regulations, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR. No substantial changes from the previous analysis would be required. iv) Parks;
GPU EIR Analysis:
The GPU EIR noted that population growth associated with implementation of the GPU would result in an increase in population, which would increase demand for parks and recreation services, resulting in the need for additional and/or expanded parks and recreation facilities.
However, the City would continue to collect development fees to pay for the costs of expanded park facilities and ongoing parkland maintenance to prevent deterioration. Therefore, this impact would be less than significant.
Proposed Project Analysis:
As previously mentioned, the Project would change the zoning of Parcels A through E from existing residential uses to commercial or industrial uses. This change would result in a reduced impact on public services from their existing residentially zoned designations and would not result in a significant increase in population. Parcel F’s zoning for industrial energy production and business park uses would be changed to be zoned for light industrial uses, which would not affect population growth. Additionally, any future projects would continue to collect development fees to pay for the costs of expanded park facilities and ongoing parkland maintenance to pay for the costs of expanded park facilities. Overall, with the proposed change from residential designations to commercial and industrial designations, impacts would be reduced under the proposed Project.
With adherence to existing laws and regulations, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.
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v) Other public facilities.
GPU EIR Analysis:
The GPU EIR concluded that implementation of the GPU would result in an increase in population, which would increase the demand for library services. However, the library system will continue to collect fees from a special fund to pay for the costs of expanded library facilities. Additionally, if a facility needs to be constructed or expanded, the project would be evaluated under the CEQA process. Further, the GPU EIR states that library services are increasingly being provided online; and this trend is likely to continue. As such, existing guidelines based on floor space may not be as applicable in the future, and impacts would be less than significant.
Proposed Project Analysis:
As previously mentioned, the Project would change the zoning of Parcels A through E from existing residential uses to commercial uses. This change would result in a reduced impact on public services from their existing residentially zoned designations and would not result in a significant increase in population. Parcel F’s zoning for industrial energy production and business park uses would be changed to be zoned for light industrial uses, which would not affect population growth.
Additionally, the library system will continue to collect fees from a special fund to pay for the costs of expanded library facilities. Overall, with the proposed change from residential designations to commercial and industrial designations, impacts would be reduced under the proposed Project.
Further, the GPU EIR states that library services are increasingly being provided online; and this trend is likely to continue. With adherence to existing laws and regulations, the Project would not result in any new or more severe impacts than those previously disclosed in the GPU EIR and no substantial changes from the previous analysis would be required.
B. Would the project cause substantial adverse cumulative impacts with respect to public services? The GPU policies outlined in the GPU EIR and mitigation also noted in the GPU EIR are designed to protect all public resources including fire and emergency services, police protection, schools, parks, and other public facilities, including libraries, thereby reducing the potential for environmental damage associated with development under the GPU. As result, a cumulatively considerable contribution to a significant cumulative impact with regard to public resources would not occur.
Additionally, impacts would be considered reduced under the proposed Project due to the reduction of proposed residential units resulting in a reduced future population. The proposed Project would comply with the policies and guidelines outlined in the GPU to protect the public resources of the City.
Future development would require the project to pay all required funds to support future public facilities.
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2.17 RECREATION
Discussion
A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
GPU EIR Analysis:
The GPU EIR determined that population increases in the City over the long term will result in additional use of existing City parks and recreation facilities, as well as parks and facilities owned by the Palm Springs Unified School District. It was concluded that substantial deterioration of existing facilities could occur if the level of usage intensified significantly and the maintenance of affected park and recreation facilities did not keep pace with the intensification of use. The City has incorporated the following policies for diverse funding streams for maintenance of recreation facilities:
▪ Policy HW-4.1: Park Grants
▪ Policy HW-4.2: Partnerships
▪ Policy HW-4.4: Volunteer Programs
The City collects development fees and property taxes to build new facilities and maintain existing parks. Moreover, the GPU EIR predicts that the City will pursue grant programs sponsored by public agencies, private groups, and foundations for park or open space purchases, development, and maintenance. The GPU EIR concludes that impacts to parks and recreational facilities would be less than significant.
Proposed Project Analysis:
The proposed Project would not facilitate population growth that will result in additional use of the existing City parks and recreation facilities. Parcels A and B would maintain their existing land uses.
Parcels C and D would be developed into part of the neighboring gas station and a spa, respectively, while Parcels E and F would likely be developed into warehouses; however, none of these land uses would increase the local population. With adherence to existing City policies through actions such as paying development fees and property taxes, the proposed Project would not result in any new or more severe impacts related to parks and no substantial changes from the previous analysis would be required.
B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? GPU EIR Analysis:
According to the GPU EIR, implementation of the GPU creates the need for new or expanded recreational facilities because of the projected population growth and increase in service levels. The GPU proposes the following policies to establish active joint-use agreements with all private nonprofit organizations and schools that have recreation facilities, such as playfields and multipurpose rooms:
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▪ Policy HW-2.10: Joint-Use Facilities
▪ Policy HW-4.2: Partnerships
The City has also adopted park dedication standards that require developers to set aside land, donate conservation easements, or pay fees towards parkland development. Furthermore, recreational facilities developed as a result of GPU population growth, will undergo environmental review consistent with CEQA on a project-by-project basis. With incorporation of the above policies, the GPU EIR finds that recreational facility construction and expansion would result in less than significant impacts.
Proposed Project Analysis:
The proposed Project would not facilitate population growth or service levels that will result in additional use of the existing City parks and recreation facilities. As mentioned, Parcels A and B would maintain their existing land uses; Parcels C and D would be developed into part of the neighboring gas station and a spa, respectively; and Parcels E and F would likely be developed into warehouses. None of these new land uses would increase the local population. Compliance with City policies through actions such as paying development fees would ensure that the proposed Project would not result in any new or increased impacts related to parks and no substantial changes from the previous analysis would be required.
C. Would the project cause substantial adverse cumulative impacts with respect to recreation? The GPU EIR notes that there is no guarantee that new recreational facilities will be acquired, built, or expanded; and therefore, specific potential environmental impacts cannot be identified or evaluated. However, if any facility is proposed to be constructed or expanded, the project will be subject to environmental review pursuant to CEQA. Through routine planning and environmental impact assessment process, significant environmental impacts that might result from park development, construction, or improvement will be identified and measures to mitigate such impacts examined; thus, the GPU EIR identified no cumulative impacts relating to recreation.
As discussed above, the proposed Project would not facilitate population growth or service levels that will result in additional use of the existing City parks and recreation facilities. Additionally, none of the proposed land uses resulting from the proposed Project would increase the local population.
Compliance with City policies through actions such as paying development fees would ensure that the proposed Project would not result in any new or increased cumulative impacts related to parks.
2.18 TRANSPORTATION AND TRAFFIC
Discussion
A. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
GPU EIR Analysis:
The GPU EIR concluded that future development projects associated with the GPU would be required to go through an environmental review to evaluate transportation-related impact.
Item Number: 5.