Minutes — Desert Hot Springs City Council, December 6, 2022 (part 2 of 8)

August, 2017
installation and use of “interim” facilities to expedite cultivation operations and associated tax revenues while construction of permanent cultivation buildings is underway.

This Initial Study and Mitigated Negative Declaration has been prepared to construct a medical marijuana cultivation facility in accordance with adopted City Ordinance No. 552 and 553 pertaining to the regulation of Medical Marijuana facilities. Ordinance No. 552 is codified in Chapter 5.50 and Ordinance No. 553 is codified in Chapter 17.180 of the Desert Hot Springs Municipal Code. The facilities permitted under these ordinances include medical marijuana dispensaries and medical marijuana cultivation facilities that are owned and operated by bona fide non-profit organizations, such as cooperative or a collective. These facilities are subject to the provisions of the Compassionate Use Act of 1996 (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Growth for Medical Use (issued in August, 2008), and any future state laws pertaining to cultivating and dispensing Medical Marijuana, such as State Assembly Bill 266 (AB 266) adopted October 9, 2015 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94).

This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Desert Hot Springs will serve as the lead agency pursuant to CEQA.

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017

1.2 Determination
This Initial Study determined that development of the proposed Desert Harvest Specific Plan would not have a significant impact on the environment, with the implementation of mitigation measures. A Mitigated Negative Declaration is proposed.

1.3 California Environmental Quality Act (CEQA) Authority to Prepare a Mitigated Negative Declaration
This Final Mitigated Negative Declaration (DMND) has been prepared by the City of Desert Hot Springs as lead agency and is in conformance with Section 15070, Subsection (a), of the State of California Guidelines for Implementation of the CEQA. The purpose of the DMND and the Initial Study Checklist was to determine whether there were potentially significant impacts associated with development of the Desert Harvest Specific Plan.

1.4 Public Review Process
In accordance with CEQA, a good faith effort has been made during the preparation of this DMND to contact affected agencies, organizations and persons who may have an interest in this Project. The MND has been sent to the Riverside County Clerk, responsible agencies, and advertised in The Desert Star Weekly.

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
CHAPTER TWO – PROJECT DESCRIPTION

2.1 Project Vicinity
The Project is located on 6 gross acres of undisturbed desert land on the north side of 20 th
Avenue and Interstate 10, slightly east of Indian Canyon Drive in the City of Desert Hot Springs, California.

Total Project Area: 64.91 gross acres
Assessor’s Parcel Number: 666-370-019
Section, Township & Range Description or reference:

A Portion of Parcel 32 & 33 RS 25/84Section 1, Township 3 South, Range 4 East, San Bernardino Base Line & Meridian
The 64.91-acre site consists of vacant desert land and is located on the north side of 20 th
Avenue and Interstate 10, slightly east of Indian Canyon Drive. The subject area is variably vegetated with slight amounts of typical desert vegetation (scrub brush and low‐lying plants).

Topographically, the site drains to the southeast. The entire site is within Federal Emergency Management Agency (FEMA) flood Zone X.

The location of the Project site is shown below in Exhibit 1 and 2.

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INDIAN CANYON DRIVE

CALLE DE LOS ROMOS

LITTLE MORONGO ROAD
19TH AVENUE

UNINCORPORATED CITY OF

AREA IN THE DESERT HOT

COUNTY OF RIVERSIDE SPRINGS
19TH AVENUE
20TH AVENUE

CITY OF PALM

SPRINGS
N.T.S.

Vicinity Map
1 Desert Harvest Development, LLC.

Initial Study

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PROJECT SITE
APN: 666-370-019
N.T.S.

Aerial Photograph
2 Desert Harvest Development, LLC.

Initial Study

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017

2.2 Project Description
The project proposes the development of a mixed use development of retail commercial, vertical harvest commercial, and a marijuana cultivation campus on approximately 64.91 acres. The cultivation campus will be developed in accordance with Desert Hot Springs Municipal Code

5.50 and 7.180.78.

Entitlements will include a General Plan Amendment (GPA) and Change of Zone (CZ), of approximately 64.91 acres of vacant and undeveloped desert, from Light Industrial (I-L) to Light Industrial/Specific Plan (I-L/SP) and General Commercial/Specific Plan (GC/SP). A Specific Plan (SP) will be prepared to cover the entire project area to provide a comprehensive development plan with allowable uses and development standards. A Tentative Tract Map (TTM) is also proposed in order to subdivide the property into three parcels. A Conditional Use Permit (CUP) will cover the light industrial portion of the Project to provide a detailed development proposal for a marijuana cultivation campus in compliance with Section 5.50 and

17.180 of the Desert Hot Springs Municipal Code. The SP will specifically allow the installation and use of “interim” facilities to expedite cultivation operations and associated tax revenues while construction of permanent cultivation buildings is underway.

The Project is designed for construction in four (4) development phases with build out over approximately 5 years subject to market conditions. Construction is estimated to begin in 2018 and be completed in 2023. The proposed development will be divided into 3 Planning Areas and development proposed in each Planning Area is as follows:
▪ Planning Areas 1 (PA-1) consist of four pads for retail commercial buildings totaling approximately 45,000 SF of building space and affiliated circulation and infrastructure systems on 5.1 acres. This PA is proposed to be developed as part of Phase III. ▪ Planning Area 2 (PA-2) is intended to allow the construction of two pads for retail commercial buildings of approximately 161,000 sf in building space and an open space/retention area containing citrus orchards and date groves on approximately 8.0 acres. This Planning Area is intended to serve the proposed multi-level vertical hydroponic greenhouse for local produce and market retail component. The open space/retention area will be developed as part of Phase 1 and the remaining portion of the Planning Area will be developed as Phase III.
▪ Planning Area 3 (PA-3) will consist of approximately 49.4 acres of light industrial for the construction of a marijuana cultivation campus. The marijuana campus consists of seven (7) single-story greenhouses each with an attached two-story headhouse, and one (1) four-story building used exclusively for processing and extraction in accordance with Desert Hot Springs Municipal Code 5.50 and 7.180.78. The greenhouse/headhouse building will have an approximate building ground floor area (GFA) of 158,509 square feet (sf) and a total building area of 185,171 sf. The processing/extraction building will have a GFA of approximately 84,624 sf. and a total building area of 185,321 sf. The combined total building area of PA-3 is 1,481,518 sf and the entire area of PA-3 will be secured by 8-foot high perimeter fencing and lightly landscaped to allow visibility to and from the facility for police and security personnel. PA-3 will be secured and not accessible by the general public at any time. The marijuana cultivation and processing

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 10 ends

August, 2017
campus will be located on a qualifying Light Industrial (I-L) Planning Area under the Desert Harvest Specific Plan.

Three of the proposed greenhouse buildings to the east of the project site and the adjacent 2-story headhouse, and the four-story building to the rear of the property will be built as part of Phase III, in addition to the parking facilities and associated infrastructure.

The remaining three greenhouses and headhouses to the west of the site will be constructed as part of Phase IV.

The project proposes to operate an interim cultivation facility while designing and constructing the permanent cultivation campus. The interim facility is comprised of approximately 84 pre-engineered, retrofitted “Cultivation EcoPod” containers. The EcoPods will be used for cultivation, processing, administration, and storage. The interim facility will be fully secured and screened with a chain link fence to secure views from outside the structure. Interim cultivation will comply with City standards, conditions, and ordinances. A temporary parking lot with four stalls and access from 20 th Avenue will be
stabilized with class II crushed rock. Access to the interim facility will be gate controlled with full time security personnel and temporary security lighting and cameras. The interim facilities would be installed within the 64.91 acre development footprint and would not extend beyond the property boundaries. As a condition of project approval, the interim facility shall be limited to a term not exceed six-months with no more than one six-month extension, subject to the review and approval of the Community Development Director. The interim operations will be discontinued and the EcoPods will be removed upon completion of the permanent cultivation campus.

All marijuana cultivation will be conducted in the interior of the interim facility and will not be visible from the exterior of the proposed structures as per Section 17.180 (Interior only) of the City of Desert Hot Springs Municipal Code and adopted City Ordinance No. 552 and 553 pertaining to the regulation of Medical Marijuana facilities. Ordinance No. 552 is codified in Chapter 5.50 and Ordinance No. 553 is codified in Chapter 17.180 of the Desert Hot Springs Municipal Code. The facilities permitted under these ordinances include medical marijuana dispensaries and medical marijuana cultivation facilities that are owned and operated by bona fide non-profit organizations, such as cooperative or a collective. These facilities are subject to the provisions of the Compassionate Use Act of 1996 (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Growth for Medical Use (issued in August, 2008), and any future state laws pertaining to cultivating and dispensing Medical Marijuana, such as State Assembly Bill 266 (AB 266) adopted October 9, 2015 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94).

The overall architectural theme of this mixed use complex is based on modern, glass, and steel architectural aesthetics. The retail commercial portion of the Project will incorporate and alternate different textures, colors, materials, and distinctive architectural treatments. Steel construction techniques will be used in conjunction with storefront systems aiming to maximize open plan flexibility and natural light. Building facades and design will consist of dimensional forms and architectural elements in the style of contemporary desert architecture. The vertical harvest multi-level hydroponic greenhouse will utilize galvanized steel with a transparent roof and windows with non-reflective glass. The windows will be outfitted with light colored blackout

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
screens to minimize light transmission during evening hours. The building colors with range from white to light grey steel which allows the green vegetation to be visible to the passerby.

The marijuana greenhouse buildings in PA-3 will also be comprised of steel structure and incorporate a transparent roof and a translucent coating on the windows to mask the contents of the greenhouse. These buildings will use a range of white to light grey steel which will facilitate a clean, light, and open aesthetic to the space. The overall architectural character will be that of an attractive, well maintained mixed-use development.

Landscaping has been designed to balance aesthetic, harvestable plantings, water use, and security objectives. The perimeter street landscape concept is intended to achieve a consistent, colorful and attractive presentation to the I-10 Freeway, 20th Avenue, and Calle De Los Romos.

Planting along the streetscape shall consist of drought tolerant plant materials. The retail commercial landscape concept addresses the two primary entries that serve each Planning Area and associated parking lots. The areas will be enhanced with the use of iconic planting, decorative paving, and signage on either side of the drives. Decorative landscape planters and large pots will be along retail store frontages and plazas. The Vertical Harvest landscape concept includes orchards/gardens, a reservoir, and a botanical walk. The areas outside the Vertical Harvest greenhouse will be designed to include small plots of various vegetables for use internally, for display, and sale to the public. The botanical walk around the building will allow visitors to see the garden plots, fruit tree/shrub groves. Along the walk there will be pedestrian nodes with seating and shade. A transition area is proposed between the Vertical Harvest and Cultivation areas, which will be planted with a row of trees to filter the views into the secure Vertical Harvest campus from the publicly accessible commercial areas. The Cultivation area (PA-3) will incorporate perimeter landscaping to maximize its use as a windbreak and to shade parking and driveway areas. Perimeter security fencing will consist of a maximum 8-foot high tubular steel or wrought iron fencing complimentary to the site architecture.

Security measures have been thoroughly incorporated into the project design. The marijuana campus is proposed to be enclosed within perimeter security fencing and two guardhouses with fulltime security. Gated entry/exit drives will control vehicular access onto and off of the property. Security cameras will be mounted on all exterior doors, perimeter fencing and entry gates. A more detailed, comprehensive security plan is required by the City during the regulatory permit phase. This will include specific locations and areas of coverage by security cameras; location of audible interior and exterior alarms; location of exterior lighting; name and contact information of Security Company monitoring the site and any additional information required by the City.

Desert Harvest has direct and convenient vehicular access to the Interstate 10 Freeway via Indian Canyon Drive and 20
th Avenue. The southern commercial areas would be accessible to the public during normal business hours while the northern marijuana cultivation campus would be fenced, gated and accessed only by authorized personnel. Controlled access keyed entry system such as a Knox box will be available for emergency access by use of police and fire personnel. Vehicles would circulate through both projects using standard parking lots with drive aisles in compliance with City engineering and fire department design standards.

The marijuana campus operations would be similar to that of a standard wholesale nursery without onsite sales. There will be no general public access to the facility at any time.

Operational hours will be in compliance with City ordinances and regulations. Security cameras

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 12 ends

August, 2017
will be monitored and supplemented with onsite security staff to be in full compliance with local ordinances. All staff will be subject to thorough background checks as per City regulations.

All processing activities will take place within the interiors of the proposed building, including propagation, curing, processing, potting, transplanting and shipping. Other uses may include extracting oils from the Cannabis plants using Fire Department approved C02 equipment. The finished product will be packaged and loaded onto delivery trucks within secured, enclosed areas located within each cultivation building.

The Project site plan and Interim site plan is shown below, in Exhibit 3 and 4.

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1'BLBPHONB (760) 320-9811 • FAX (760) 323-7893
Site Plan
3 Desert Harvest Development, LLC.

Initial Study

Page 140 of 1191 ends

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1'BLBPHONB (760) 320-9811 • FAX (760) 323-7893
Interim Site Plan
Desert Harvest Development, LLC. 4
Initial Study

Page 141 of 1191 ends

City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 15 ends

August, 2017

2.3 Mitigation Monitoring Program
Table 2-1: Mitigation Monitoring Program outlines the potential impacts and mitigation measures of the proposed Project, and assigns responsibility for the oversight of each mitigation measure. This Table shall be included in all bid documents and included as part of the Project development.

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 16 ends

August, 2017
Table 2-1
Mitigation Monitoring Program
Section Number Mitigation Measures
Responsible
for Monitoring
Timing
Impact after
Mitigation
IV. Biological
Resources
BR-1: Pre-construction surveys for burrowing owls shall be completed in accordance with the Staff Report on
Burrowing Owl Mitigation (CDFW 2012), with the first
survey no less than 14 days prior to initiation of ground disturbance including clearing, grubbing and grading and the second within 24 hours of project-related activities. If an active burrowing owl is detected within 500 feet of the project site, avoidance and minimization measures shall be implemented in accordance with the CDFW 2012
guidelines, including implementation on a nondisturbance buffer and a biological monitor shall be placed on site to ensure activities are not adversely
affecting the nest.

Developer
Qualified
Biologist
Prior to site
disturbance
Less than
significant
BR-2: All ground-disturbing activities shall be completed outside the avian breeding season (August 1 through
January 14). If ground-disturbing activities (including clearing and grubbing) are scheduled to occur between
and including February 15 and July 31, a qualified
biologist shall conduct a nesting bird survey within 72 hours prior to ground-disturbing activities. If no active nests are found, no additional measures are required. If nests are found, the nest locations shall be mapped by a qualified biologist using GPS equipment, where feasible.

The biologist shall establish a no-disturbance buffer
around each active nest. No construction or grounddisturbing activities shall be conducted within the buffer until the biologist has determined that the nest is no
longer active and has informed the construction
Developer
Qualified
Biologist
Prior to site
disturbance
Less than
significant

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 17 ends

August, 2017
Section Number Mitigation Measures
Responsible
for Monitoring
Timing
Impact after
Mitigation
supervisor that activities may resume.

V. Cultural
Resources
CR-1: If during the course of grading or construction,
artifacts or other cultural resources are discovered, all grading on the site shall be halted and the applicant shall immediately notify the City Planner. A qualified
archaeologist shall be called to the site by, and at the cost of, the applicant to identify the resource and
recommended mitigation if the resource is culturally
significant. The archaeologist will be required to provide copies of any studies or reports to the Eastern
Information Center for the State of California located at the University of California Riverside and the Agua
Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural
Register.

Planning
Department
Qualified
Archaeologist
During
grading and
other ground
disturbing
activities
Less than
significant
CR-2: The applicant shall ensure the presence of an
approved Agua Caliente Native American Cultural
Resource Monitor(s) Morongo Band of Mission Indians,
Native American Cultural Resource Monitor(s) and
Soboba Band of Mission Indians Native American Cultural Resource Monitor(s) during any ground disturbing
activities (including archaeological testing and surveys).

Should buried cultural deposits be encountered, the
Monitor may request that destructive construction halt and the Monitor shall notify a qualified Archaeologist
(Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and Developer
Planning
Department
Approved Agua
Caliente,
Morongo Band
and Soboba
Tribal Resource
Monitor(s)
During
grading and
other ground
disturbing
activities
Less than
significant

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
Section Number Mitigation Measures
Responsible
for Monitoring
Timing
Impact after
Mitigation
the Agua Caliente Tribal Historic Preservation Office.

Planning
Department
Qualified
Archaeologist
During
grading and
other ground
disturbing
activities
Less than
significant
CR-4: All fossils and associated data recovered during
the paleontological monitoring shall be reposted in a
public museum or other approved curation facility.

Planning
Department
Qualified
Paleontologist
During
grading and
other ground
disturbing
activities
Less than
significant
CR-5: In the event that any human remains are
discovered, the applicant shall cease all work and contact the Riverside County Coroner’s Office and work shall not resume until such time that the site has been cleared by County Coroner and the Desert Hot Springs Police
Department. The applicant shall also be required to
consult with the Agua Caliente Tribal Historic
Preservation Office (THPO).

Planning
Department
During
grading and
other ground
disturbing
activities
Less than
significant

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
Section Number Mitigation Measures
Responsible
for Monitoring
Timing
Impact after
Mitigation
XVI.

Transportation/Traffic
TRA-1: The project applicant shall participate on a fair share basis in the construction of the currently warranted traffic signal and the median striping improvements
identified in the TIA prior to the year 2019.

Developer
City Engineer
Prior to the
year 2019
Less than
significant

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CHAPTER THREE – ENVIRONMENTAL CHECKLIST

1. Project Name: Desert Harvest

2. Lead Agency Name and Address:

City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, California 92240

3. Contact Person and Phone Number:

Daniel Porras
Community Development Director
760-329-6411

4. Project Location:

See Exhibits 1 and 2

5. Project Applicants’ Name and Address:

Desert Harvest Development, LLC.
c/o Michael Avenatti
520 Newport Center Drive, Suite 1400
Newport Beach, California 92660

6. General Plan Designation: I-L Light Industrial District

7. Zoning Designation: I-L Light Industrial District

8. Description of Project: The project proposes the development of a mixed use development of retail commercial, vertical harvest commercial, and a marijuana cultivation campus on approximately 64.91 acres of vacant land.

9. Surrounding Land Uses and Setting: Surrounded on the north and east by vacant desert land zoned as Light Industrial (L-I). To the west, it is surrounded by commercial and vacant land that is zoned as Light Industrial. To the south lies the Interstate 10 freeway and the City of Desert Hot Springs annexation boundary.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None.

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture Resources Air Quality
Biological Resources Cultural Resources Geology /Soils
Greenhouse Gases
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning Mineral Resources Noise
Population / Housing Public Services Recreation
Transportation/Traffic Utilities / Service Systems
Mandatory Findings of
Significance
Tribal Cultural
Resources
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. _ _
Senior Planner Date

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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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August, 2017
CHAPTER FOUR – DISCUSSION OF ENVIRONMENTAL TOPICS
Issues:

I.AESTHETICS -- Would the Project:
a) Have a substantial adverse effect
on a scenic vista?
Discussion:

The City of Desert Hot Springs has varying distinguished views of surrounding topographic features and mountain ranges. The perception and uniqueness of scenic vistas and visual character can vary according to location and composition of its surrounding context. The subjective value of views is generally affected by the presence and intensity of neighboring man–made improvements, such as structures, overhead utilities, and landscape, often in relation to the aesthetic quality offered by a natural background, such as open space, mountain ranges, or a landmark feature. The proximity and massing of structures, vegetation, overhead utilities and other visual barriers interacts with the visibility of surrounding environments to restrict or enhance local characteristic views. The assessment of scenic value also considers the compatibility of proposed projects in relation to areas, land uses or vantage points where the enjoyment of scenic vistas may exist, such as scenic roads or residential areas. For example, a light industrial facility proposed within an existing industrial land use district and distant from any scenic roadways or residential uses would be expected to result in considerably reduced impacts compared to a similar facility located near residential uses or adjacent to scenic roads, where the view shed opportunities would potentially be hindered. Existing light industrial development in the City typically consists of metal buildings with low-pitch roofs, and a mass and scale suitable for the zoning district, parcel size, and operation being supported.

The Project property encompasses approximately 64.91 acres of undeveloped land located on the north side of 20th Avenue and Interstate 10 Freeway, and approximately 950 feet east of Indian Canyon Drive. The Property forms part of a largely undeveloped light industrial land use district, which by its current designation under the Desert Hot Springs General Plan, is intended to support future business parks and the development of light industrial uses. The nearby Interstate 10 interchange at Indian Canyon Drive (west of the Project) is served by a variety of existing commercial establishments and five retail gasoline dispensing stations.

The on-site terrain is visibly flat with a gentle natural gradual slope toward the south. Vegetation coverage is sparse. Past rain events have prompted seasonal ground cover vegetation growth primarily consisting of short grasses and small plants. Small wind-blown sand hummocks, less than two feet in height, are prevalent around individual shrubs. Tire marks indicate prior instances of off-road vehicle entry and movement, particularly along the west, south and east edges of the parcel. The southerly edge of the Property (20th Avenue frontage) exhibits tire marks, cleared areas, and gravel deposits indicating instances of off-road temporary vehicular movement, parking and possible construction staging activities. Overall, there are no salient topographic features or other visual landmarks on-site or on its general surroundings. Based on historical maps, the vacant condition has been representative of the property since at least 1953. As such, no historic buildings, structures, or other permanent improvements have been known to formerly exist on-site and no physical improvements, structures,

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natural topographic features or other visual landmarks are currently observable on-site. Undeveloped adjacent land to the north and east exhibits similar physical and visual conditions to those found onsite.

Being partially surrounded by vacant land, the undeveloped Project property has distant and partially unobstructed views of the San Jacinto and Santa Rosa Mountains to the southeast, south and southwest. Garnet Hill, which has a high point of approximately 901 feet above mean sea level, is also visible to the south. Views of the Little San Bernardino Mountains to the north and northeast are relatively unobstructed. Views to the west are partially obstructed by the existing multi-tenant business park development and commercial establishments.

In accordance with Chapter 17.16.230 (Industrial Districts) of the Desert Hot Springs Municipal Code, new industrial development is required to employ design elements that enhance the visual character of a site and avoid certain features deemed undesirable. The design guidelines are intended to ensure that the aesthetic quality of proposed industrial facilities, such as this Project, surpasses the traditional design approach and characteristics found on past industrial development practices. For example, new industrial facilities are expected to employ “variety in structure forms” to create visual interest and avoid plain features, such as “large blank, unarticulated wall surfaces”, which are deemed less attractive. The proposed site design includes one, two-story building with associated parking lot facilities within a landscaped perimeter and fenced limits consisting of wrought iron or tubular steel.

Based on the proposed Desert Harvest Specific Plan, the Project’s development standards will be distinguished by three planning areas. In the commercial area of the project (Planning Area 1), the maximum allowable building height is 35 feet. In Planning Area 2, which also includes commercial buildings, the maximum allowable structure height will be 75 feet. In Planning Area 3, which includes the cultivation facilities, the maximum structure height will be 65 feet.

Consistent with the architectural design guidelines established in Chapter 17.16.230 of the City’s Municipal Code, the proposed buildings will employ varied exterior construction materials with articulated facades and properly scaled doors and windows. The building architecture includes proportionate accent features and signage with a coordinated color scheme, resulting in a unified architectural style with a desert contemporary theme. Moreover, the Project’s design avoids the elements identified by the City as being undesirable, such as highly reflective surfaces, large blank wall surfaces, and chain-link fencing. Proposed downward-oriented lighting mounted on the building walls and on posts will provide the necessary nighttime illumination for facility security in the parking lot and drive aisles.

The proposed Landscape Design Plan demonstrates that the Project edges and street frontage will be improved with the suitable combination of trees, palms, shrubs, ground-cover, and accent plantings to visually coordinate with the surrounding desert environment while providing the necessary visibility for law enforcement purposes. Enhanced landscaping features are identified along the street frontage and access points to improve upon the streetscape. The proposed wrought iron or tubular steel fence design will be complimentary to the building elements. The landscaping design will be subject to review and approval by the City of Desert Hot Springs. In the context of the existing setting and land use designation, the proposed Project is not anticipated to adversely alter the existing viewshed on any scenic vistas and less than significant impacts are expected.

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As previously discussed, the proposed Project includes interim (short-term) cultivation activities housed in a configuration of 84 pre-engineered portable container units (Cultivation EcoPods). The proposed EcoPods will be used for interior cultivation, processing, administration, and storage. Based on a proposed interim site plan, a 24-foot wide access drive stabilized with ¾-inch crushed rock will provide access from 20th Avenue to 21 proposed pod clusters within the Project boundary. Each pod cluster is expected to include four EcoPods (1,280 square feet), four parking stalls on a crushed rock surface, temporary power poles, security cameras, and adequate lighting fixtures. Areas surrounding the EcoPods will also be stabilized crushed rock. Access to these private facilities will be regulated at a temporary security office and restroom, which will also be housed in a temporary container. The interim operations will be discontinued upon construction completion of the permanent buildings. As proposed, the interim facilities will be visually screened and its height will not exceed those described for the proposed permanent building. The small-scale interim operations are not expected to adversely alter any scenic vistas. Less than significant impacts are anticipated.

Mitigation Measures: None
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway?
Discussion:

The Project property is characterized by undeveloped land with scattered vegetation. As such, it does not contain any landmarks or scenic resources, such as trees, rock outcroppings, and historic buildings that would be damaged by the proposed development. As mentioned previously, the vacant condition has been representative of the property since at least 1953. As such, no evidence of recognizable potential historic resources are known to be on-site.

The purpose of the State Scenic Highway Program is to preserve and protect scenic State highway corridors from change that would diminish the aesthetic value of lands adjacent to highways. State highways can be officially designated as Scenic Highways or be determined to be eligible for designation. The status of a state scenic highway changes from eligible to “officially designated” when a local jurisdiction adopts a scenic corridor protection program and the California Department of Transportation (Caltrans) approves the designation as a Scenic Highway. The project property is not located adjacent to any existing highway or freeway. The Caltrans status map of scenic highway designations indicates that Highway 62, from north of Interstate 10 to the San Bernardino County line, is considered an Eligible State Scenic Highway, but is not officially designated. The distance between the project and Highway 62 is approximately 3.5 miles.

Furthermore, the Project is not located within close proximity to any designated county scenic highway, as identified in the Circulation Element of the Riverside County General Plan Update. Therefore, the proposed interim facilities, site plan, architectural design, and landscaping design would not result in in adverse impacts to scenic resources adjacent to or within close proximity to state scenic highway or other local transportation corridor. Less than significant impacts are expected.

Mitigation Measures: None

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c) Substantially degrade the existing visual
character or quality of the site and
its surroundings?
Discussion:

As previously discussed, the building design incorporates contemporary architectural design elements that will visually coordinate with the exterior features and landscaping. The heights and setbacks of the proposed facilities will be required to comply with the adopted standards in the Desert Harvest Specific Plan, which are designed to introduce high quality architecture, an iconic vertical harvest building, ornamental streetscape, scenic landscape, and open space/retention areas planted with citrus groves and date palms. As such, the maximum building heights allowable under the Specific Plan would range from 35 to 75 feet depending on the planning area. Consistent with the existing land use standards, the proposed marijuana cultivation and processing activities will only be conducted in the interior of enclosed structures, facilities and buildings, while the commercial areas will be treated with the appropriate landscaping treatment and other visually enhancing features along the street frontage.

By comparison, the proposed interim facilities will occupy a 2.95-acre portion of the Project property, twenty-one percent (.63 acres) of which will consist of the metal containers and the remaining seventynine percent (2.32 acres) will consist of drive aisles and parking stalls stabilized with gravel cover. The container height is not expected to exceed 10 feet. These short-term operations will be discontinued after 6 months with one 6 month extension or at completion of the permanent facilities.

On-site improvements also include parking lot facilities and interior drive aisles with downward-oriented light fixtures for nighttime security illumination. Light fixtures will be wall and post mounted. The proposed perimeter landscaping throughout the site plan and along the Little Morongo Road frontage will help enhance the visual character of the streetscape in a manner that is compatible with the local desert environment. For nighttime security, downward oriented light fixtures will also be used on a short-term basis during construction and operation of the interim facilities. The Project’s final site design, architecture and landscape architecture will be subject to review and approval by the City of Desert Hot Springs to ensure that aesthetic considerations of the community are addressed in the proposed design. Less than significant impacts are expected.

Mitigation Measures: None
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Discussion:

The Project property and its immediate surroundings to the north and east are undeveloped and therefore do not constitute existing sources of glare or light. In the local vicinity, existing sources of nighttime lighting can be attributed to the existing multi-tenant business park and other commercial establishments serving the Interstate 10 interchange at Indian Canyon Drive (southwest of the project), which include five retail gasoline stations. The lighting improvements associated with the interchange setting include illuminated signage, traffic signals, light posts, and various forms of post-mounted light

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fixtures projected downward for nighttime illumination of the individual properties. Day-time glare and night-time lighting can be attributed to vehicular traffic on local roadways.

The proposed Desert Harvest Specific Plan includes a chapter on design guidelines identifying the unifying elements of permanent buildings and landscaping within the Project. The design guidelines seek to create a visual landmark with unique architecture along the freeway frontage. The proposed buildings will include a variety of exterior materials and articulated facades to create an attractive visual character and a quality appearance. The building design is expected to avoid any bright tones, oversized windows, highly reflective surfaces, and large blank facades, such that would result in substantial daytime glare. The cultivation campus and vertical harvest commercial components of the Project will include greenhouse facilities comprised of steel structures prioritizing a transparent façade system. These warehouses will provide a combination of climate controlled interior space with extensive natural lighting during daylight hours to maximize energy efficiency and plant health. The transparent roof system is designed to maximize sun exposure, while light colored blackout screens will be incorporated to minimize light transmission and to protect the greenhouse from overheating. The glass surfaces will be treated with an anti-reflective coating to reduce reflectivity and minimize glare.

The light-colored blackout screens will also help reduce nighttime light visibility from the greenhouse components. As part of the landscape design, the proposed trees, palms, and other plantings along the project perimeter and frontage are expected to help attenuate the visibility and partial sunlight reflectivity associated with the proposed building.

For security purposes, the Project will provide varied nighttime lighting to safely illuminate the parking areas, entrances, signs, walkways and other project features in accordance with the City’s Outdoor Lighting Requirements. These requirements are established to minimize light pollution and trespassing.

Compliance with the City’s lighting requirements is demonstrated in the photometric plan, which includes point-by-point lighting levels (measured in foot-candles) for the entire project based on the proposed placement, orientation, and intensity of exterior light fixtures throughout the site. The photometric plan indicates that the proposed distribution of permanent wall-mounted and post-mounted fixtures has been designed, such that illumination is sufficiently diminished at the project edges and adjacent properties. In doing so, unnecessary lighting concentration occurs because the proposed light fixtures and directed downward and away from adjoining properties or the public right-of-way. The proposed lighting is required to allow for face recognition at 100 feet and satisfy the review and considerations raised by the Planning and/or Police Departments. Interior nighgtime lighting in the proposed greenhouse structures is expected to be visually reduced by the antireflective glass coating and blackout screens installed and designed to control light transmission in and out of the greenhouse facilities. During the period of construction and interim operations, the Project is expected to utilize temporary light fixtures as a standard measure of nighttime site safety. These fixtures are typically installed on posts and/or on the sides of temporary construction trailers to illuminate stored equipment, building materials, and interim amenities. These sources of light are generally downward-oriented and some are only activated by motion. The temporary construction perimeter fencing (with wind fabric) is expected to visually screen the temporary light fixtures, therefore preventing temporary light spillage effects. Less than significant impacts are expected.

Mitigation Measures: None

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II. AGRICULTURE RESOURCES – Would the Project:
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?
Discussion:

The proposed Project will not disturb or convert any designated farmland or other form of agricultural resource. According to the 2014 California Farmland Mapping and Monitoring Program the property is designated as “Other Land”.

A large portion of the City of Desert Hot Springs is designated as Other Land, which is land not included in any other mapping category. Common examples include low density rural development, brush, timber, wetland and riparian areas not suitable for livestock grazing, confined livestock, poultry or aquaculture facilities, strip mines, borrow pits and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded by urban development and greater than 40 acres is mapped as other land.

The subject site and surrounding land to the north, east, south and west is not categorized as Prime Farmland, Unique Farmland, or Farmland of local statewide importance, no impacts are expected.

Mitigation Measures: None
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
Discussion:

The Project site is not located in an existing zoning for agricultural use or classified as farm land.

According to the Williamson Act Program 2015-16 Status Report, no portion of land within a one-mile radius is recognized as being under a Williamson Act Contract. The proposed Project will not impact or remove land from the City or County’s agricultural zoning or agricultural reserve. No impacts are expected.

Mitigation Measures: None
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as defined
in Public Resources Code section 12220
(g)), timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code
section 51104(g))?

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Discussion:

The proposed Project will occur in an existing urban desert setting zoned for industrial uses. No forest land, timberland or Timberland Production zoning occurs on the Project site or in the surrounding area because forest vegetation is not characteristic of the Coachella Valley desert environment. No impacts are anticipated.

Mitigation Measures: None
d) Result in the loss of forest land or conversion
of forest land to non-forest use?
Discussion:

Mitigation Measures: None
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
land?
Discussion:

As previously described, the Project site and vicinity are designated by the Desert Hot Springs General Plan and Zoning map as Light Industrial (I-L). The Project proposes a change of zone for the implementation of the Desert Harvest Specific Plan which will result in a zoning of Light Industrial/Specific Plan (I-L/SP) and General Commercial/Specific Plan (GC/Specific Plan). The proposed indoor cultivation facilities will not result in conversion of any farmland or forest land because no farmland or forest land is situated within or adjacent to the Project. No impacts are anticipated.

Mitigation Measures: None

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III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Would the Project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
Discussion:

The firm Urban Crossroads has prepared The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis (August, 2017). This technical study serves as the basis for the findings provided in this section.

The Project site and the Coachella Valley are located in the northern region of the Salton Sea Air Basin (SSAB) within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SSAB (also referred to herein as “the Basin”) is aligned in a north-west-southwest orientation stretching from Banning Pass to the Mexican border. The regional climate, as well as the temperature, wind, humidity, precipitation, and amount of sunshine significantly influence the air quality in the Basin.

The climate of the Coachella Valley is a continental, desert-type climate, with hot summers, mild winters, and very little annual rainfall. Precipitation is less than six inches annually and occurs mostly in the winter months from active frontal systems and in the late summer months from thunderstorms.

Almost all of the annual rainfall comes from the fringes of mid-latitude storms from late November to early April with summers often being completely dry. Temperatures exceed 100 degrees Fahrenheit (°F), on the average, for four months each year, with daily highs near 110 °F during July and August.

Summer nights are cooler with minimum temperatures in the mid-70s. During the winter season, daytime highs are quite mild, but the dry air is conducive to nocturnal radiational cooling, with early morning lows around 40 °F. The Coachella Valley and adjacent areas are exposed to frequent gusty winds. The flat terrain of the valley and strong temperature differentials, created by intense solar heating, produce moderate winds and deep thermal convection. Wind speeds exceeding 31 miles per hour (mph) occur most frequently in April and May. On an annual basis, strong winds (greater than 31 mph) are observed 0.6 percent of the time and speeds of less than 6.8 mph account for more than onehalf of the observed winds. Prevailing winds are from the northwest through southwest, with secondary flows from the southeast. The strongest and most persistent winds typically occur immediately to the east of Banning Pass, which is noted as a wind power generation resource area. Aside from this locale, the wind conditions in the remainder of the Coachella Valley are geographically distinct.

Stronger winds tend to occur closer to the foothills. Less frequently, widespread gusty winds occur over all areas of the Valley.

Projects are evaluated for consistency with the local air quality management plans, which links local planning and individual Projects to the regional plans developed to meet the ambient air quality standards. The assessment takes into consideration whether the Project forms part of the expected conditions identified in local plans (General Plan Land Use and Zoning) and whether the Project adheres to the City’s air quality goals, policies, and local development assumptions factored into the regional Air Quality Management Plan. As previously discussed, the undeveloped Project property has a Light Industrial General Plan and Zoning designation, which has been established to allow for the development of business parks and industrial uses, with which the proposed interim and permanent

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cultivation campus facilities are consistent. As part of the proposed Desert Harvest Specific Plan, the proposed development will include two commercial planning areas along the 20 th Avenue frontage. The
mixture of industrial and commercial development will be compatible with nearby commercial establishments located to the west and southwest.

Existing air quality is measured at established SCAQMD air quality monitoring stations. Monitored air quality is evaluated and in the context of ambient air quality standards. These standards are the levels of air quality that are considered safe, with an adequate margin of safety, to protect the public health and welfare. Relative to the Project site, the nearest long-term air quality monitoring site for CO, O, NO2, PM10 and PM2.5 is carried out by the SSAB at the Coachella Valley 1 monitoring station site in Palm Springs (SRA 30), located approximately 4.7 miles southeast of the Project.

Currently, the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) are exceeded in most parts of the SSAB. In regards to the NAAQS, the Project region within the SSAB is in nonattainment for ozone (8-hour) and PM10. For the CAAQS, the Project region within the SSAB is in nonattainment for ozone (1-hour and 8-hour) and PM10. In response, the SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet the state and federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions, accommodate growth, and to minimize any negative fiscal impacts of air pollution control on the economy.

The proposed project will amend the existing General Plan land use designation and Zoning from “Light Industrial” (I-L) to a combination of “General Commercial/Specific Plan” (C-G/SP) and “Light Industrial/Specific Plan” (I-L/SP). A Specific Plan (SP) will be prepared to cover the entire project area to provide a comprehensive development plan with allowable uses and development standards. The Specific Plan will serve as a customized development program for the property. A Conditional Use Permit (CUP) will cover the light industrial portion of the Project to provide a detailed development proposal for a marijuana cultivation campus in compliance with Section 5.50 and 17.180 of the Desert Hot Springs Municipal Code.

The SCAQMD develops rules and regulations, establishes permitting requirements for stationary sources, inspects emission sources, and enforces such measures through educational programs or fines, when necessary. The SCAQMD is directly responsible for reducing emissions from stationary, mobile, and indirect sources. In March of 2017, SCAQMD released the most current Final Air Quality Management Plan (2016 AQMP), which is a regional blueprint for achieving the federal air quality standards. The 2016 AQMP includes both stationary and mobile source strategies to ensure that the approaching attainment deadlines are met and public health is protected to the maximum extent feasible. As with every AQMP, a comprehensive analysis of emissions, meteorology, atmospheric chemistry, regional growth projections, and the impact of existing control measures is updated with the latest data and methods. Land use designation considerations are an important component of the AQMP development. The 2016 AQMP provides local guidance for the State Implementation Plans (SIP), which establishes the framework for the air quality basins to achieve attainment of the state and the National Ambient Air Quality Standards (NAAQS).

Based on the quantitative air emissions findings provided in the subsequent sub-section of this Initial Study, the Project’s interim and permanent operations would not result in or cause violations to the

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National Ambient Air Quality Standards, California Ambient Air Quality Standards, or the attainment efforts included in the AQMP, the PM10 CVSIP and other relevant regional plans. Therefore, the project will not interfere with the ability of the region to comply with federal and state ambient air quality standards. Less than significant impacts are anticipated relative to conflict with or obstruction of implementation of the applicable air quality plan following the implementation of standard conditions.

Mitigation Measures: None
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
Discussion:

An impact is potentially significant if concentration of emissions exceed the State or Federal Ambient Air Quality Standards. The two primary pollutants of concern in the Coachella Valley, including the City of Desert Hot Springs, are ozone (O3) and particulate matter (PM10 and PM2.5) due to the previously described nonattainment status.

Ozone (O3) is a highly reactive and unstable gas that is formed when volatile organic compounds (VOCs) and nitrogen oxides (NOX) undergo slow photochemical reactions in the presence of sunlight.

Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant. Although also produced within the Coachella Valley, most ozone pollutants affecting the Valley are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high local ozone concentrations.

PM10 (Particulate Matter less than 10 microns) is an air pollutant consisting of solid or liquid particles of soot, dust, smoke, fumes, and aerosols. The size of the particles (10 microns or smaller, about 0.0004 inches or less) allows them to easily enter the lungs where they may be deposited, resulting in adverse health effects. PM10 also causes visibility reduction and is a criteria air pollutant. PM2.5 (Particulate Matter less than 2.5 microns) is a similar air pollutant consisting of particles which are 2.5 microns or smaller (which is often referred to as fine particles). These particles are formed in the atmosphere from primary gaseous emissions that include sulfates formed from SO2 release from power plants and industrial facilities and nitrates that are formed from NOX release from power plants, automobiles and other types of combustion sources. The chemical composition of fine particles highly depends on location, time of year, and weather conditions. PM2.5 is a criteria air pollutant.

To assist lead agencies in determining the significance of air quality impacts, SCAQMD has established suggested short-term construction-related and long-term operational impact significance thresholds for direct and indirect impacts on air quality. Significance thresholds are recommended therein for both local and regional air quality impacts associated with short-term Project construction and long-term operations.

Table III-1 displays the established construction and operational daily significance thresholds, which are recommended for use by lead agencies in considering potential impacts on air quality. Project effects would be considered significant if the emissions exceed these thresholds. Project effects would also be

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considered potentially significant if emissions affected sensitive receptors such as schools or nursing homes, or if the Project conflicted with the regional AQMP and/or local air quality plans.

Table III-1
SCAQMD Regional Air Quality Significance Thresholds:

Emission
Source
CO VOC NOx SOx PM10 PM2.5
Construction
or Operation
(Pounds/Day)
550 75 100 150 150 55
Source: Air Quality Analysis Guidance Handbook, Chapter 5.

Prepared by the South Coast Air Quality Management District. www.aqmd.gov/ceqa/hndbk.html Table III-2
SCAQMD Localized Air Quality Significance Thresholds:

Emission
Source
NOx CO PM10 PM2.5
On-Site
Preparation 751 25,315 219 109
On-Site
Grading
804 27,846 231 117
The firm of Urban Crossroads has prepared The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis (August, 2017). The purpose of this technical study was to evaluate the potential impacts to air quality associated with construction and operation of the proposed project, and recommend measures to mitigate impacts considered potentially significant in comparison to thresholds established by the South Coast Air Quality Management District (SCAQMD). Additionally, the project was evaluated to determine if it would result in a cumulatively considerable net increase of a criteria pollutant for which the SSAB is non-attainment under an applicable federal or state ambient air quality standard. The standard of significance consisted of the SCAQMD regional and localized significance thresholds for regulated pollutants.

On October 14, 2016, the SCAQMD in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the California Emissions Estimator Model™ (CalEEMod™) v2016.3.1. The purpose of this model is to calculate construction-source and operational-source criteria pollutant (NOx, VOC, PM10, PM2.5, SOx, and CO) and greenhouse gas (GHG) emissions from direct and indirect sources; and quantify applicable air quality and GHG reductions achieved from mitigation measures. Accordingly, the latest version of CalEEMod™ has been used for this Project to determine construction and operational air quality emissions based on the most current project information available at the time of preparation. Default construction parameters incorporated in CalEEMod were assumed for those construction activities for which site-specific information is not currently available.

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The SCAQMD requires any emission reductions resulting from existing rules or ordinances to be included as part of the unmitigated project emissions. Those measures that are legally mandated and therefore required of all developments by applicable ordinances, rules, and regulations are not considered mitigation. Once the unmitigated project emissions have been determined, additional mitigation measures may be applied to reduce any potentially significant air quality impacts to the maximum extent feasible and identify the net project emissions.

Chapter 15.84 of the Desert Hot Springs Municipal Code outlines the minimum requirements for construction activities to reduce man-made fugitive dust and corresponding PM10 emissions. The City will require the preparation of a Fugitive Dust Control Plan identifying the fugitive dust sources at the site and the work practices and control measures proposed to meet the City’s minimum performance.

These standards are consistent with SCAQMD Rule 403 and 403.1, as identified in the Coachella Valley Fugitive Dust Control Handbook published by SCAQMD. Fugitive dust control measures that are required to comply with the City Municipal Code are generally not considered mitigation by the SCAQMD. Similarly, compliance with applicable SCAQMD Rules and Regulations is not considered mitigation by the SCAQMD.

Construction related emissions are expected to result from site preparation, grading, utilities/building construction, paving, architectural coating, and construction workers commuting. As shown in Table III4, emissions resulting from the Project construction would not exceed the applicable SCAQMD regional thresholds of significance for any criteria pollutants. Thus a less than significant impact would occur for Project-related construction-source emissions and no mitigation is required. Localized emissions are also expected to not exceed SCAQMD’s significance thresholds.

Table III-3
Short Term Air Pollutant Emissions
Associated With Construction of the Proposed Project (Unmitigated) (Pounds/Day)
VOC NOx CO SOx PM10 PM2.5
Maximum Daily Emissions 65.55 81.19 81.75 0.24 21.09 12.62 SCAQMD Threshold 75 100 550 150 150 55
Threshold Exceeded No No No No No No

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Table III-4
Long Term Operational Air Pollutant Emissions Associated With Development of the Project (Unmitigated)
(Pounds/Day)
Emission
Source
ROG/VOC NOx CO SO2 PM10 PM2.5
Total Area
Sources,
Energy Use,
Mobile Sources

58.62 (Summer)

71.22 (Summer)

85.35 (Summer)

0.34 (Summer)

16.78 (Winter)

5.47 (Summer/
WInter)
SCAQMD
Threshold 75 100 550 150 150 55
Threshold
Exceeded No No No No No No
As shown in Table III-4, the Project’s operational emissions would not exceed the numerical thresholds of significance established by the SCAQMD. Thus a less than significant impact would occur for Project-related operational-source emissions and no mitigation is required. The proposed Project and currently approved land use operational-source emissions comparison is also shown on Table III-4. As shown, the proposed Project would result in a net incremental increase in operational-source VOC and CO emissions compared to the currently approved land use. However, the net increases would not exceed the applicable SCAQMD regional thresholds of significance. Therefore, a less than significant impact would occur and no mitigation is required.

Project operational-source emissions would not result in or cause a significant localized air quality impact as discussed in the operational LSTs section of this report. The proposed Project would not result in a significant CO “hotspot” as a result of Project related traffic during ongoing operations.

Project construction-source emissions would not have the potential to conflict with the applicable AQMP. Less than significant impacts are anticipated.

Mitigation Measures: None
c) 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 (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
Discussion:

The Riverside County portion of the Salton Sea Air Basin is designated by the U.S. Environmental Protection Agency (EPA) as a “Severe-15” ozone nonattainment area for the 1997 8-hour federal ozone standard (0.080 ppm) and the more stringent 2008 standard (0.075 ppm). Based on reference publications by SCAMQD, Ozone is a pungent, colorless toxic gas produced in the troposphere by the photochemical process. Photochemical oxidant is created by complex atmospheric reactions involving NOx and reactive organic gases (ROG) in the presence of ultraviolet energy from sunlight. In the

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Coachella Valley, motor vehicles are the major source of the two ozone precursors, reactive organic gases (ROG) and oxides of nitrogen (NOx). Ozone is formed through chemical reactions of ROG, NOx, and oxygen in the presence of sunlight. The reactions that form ozone begin at sunrise and require sunlight to proceed. Peak ozone concentrations in the SCAB tend to occur near the source of precursors in the afternoon hours during the summer and early fall, when the solar radiation exposure of the air mass is the greatest. Ozone and ozone precursors are then transported downwind (from Central Los Angeles, through Riverside and Rubidoux, Banning, and then through the San Gorgonio Pass, into the Coachella Valley) as the photochemical reactions continue to occur. In the Coachella Valley, peak ozone concentrations occur in the late afternoon and early evening hours. The attainment date for the 1997 8-hour ozone standard is June 15, 2019 and for the 2008 8-hour ozone standard, the attainment date is July 20, 2027. The 2016 AQMP is addressing the Clean Air Act planning requirements for ozone in the SCAB and the Coachella Valley portion of the SSAB. As demonstrated in the emissions estimates, project-related short-term construction and long-term operational emissions are not expected to exceed the daily thresholds of significance established by SCAQMD for ozone precursors, such as NOx and ROG/VOC. By complying with the adopted thresholds, the proposed development is also complying with the overall attainment strategies reflected in the 2016 AQMP.

The Coachella Valley is currently designated as a serious nonattainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). In the Coachella Valley, there are two primary sources of PM10: natural sources consisting of sea salts, volcanic ash, and pollens, and manmade or anthropogenic sources. Man-made sources originate from direct emissions, such as industrial facilities, fugitive dust sources (e.g., construction sites) and paved and unpaved road dust. The U.S.

EPA-approved 2002 Coachella Valley PM10 State Implementation Plan (2002 CVSIP) includes an attainment strategy for meeting the PM10 standards. Some of the existing measures include the requirement of detailed dust control plans from builders that specify the use of more aggressive and frequent watering, soil stabilization, wind screens, and phased development to minimize fugitive dust.

Appropriate air quality measures to prevent fugitive dust are required by the City of Desert Hot Springs and implemented through enforcement of the Desert Hot Springs Municipal Code (Chapter 15.84), which is consistent with SCAQMD Rules 403 and 403.1 that apply to the Coachella Valley strategy for reducing fugitive dust emissions.

Relative to the PM10 emissions threshold, construction associated with the interim and permanent Project facilities will be required to adhere to the City’s Fugitive Dust and Erosion Control policies and ordinance to minimize potential temporary construction related emissions. An approved Fugitive Dust (PM10) Control Plan will be required prior to issuance of a grading permit. Implementation of the Fugitive Dust Control Plan is required to occur under the supervision of an individual with training on Dust Control in the Coachella Valley (Rule 403 and 403.1). The plan will include methods to prevent sediment track-out onto public roads, prevent visible dust emissions from exceeding a 20-percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. The most widely used measures include proper construction phasing, proper maintenance/cleaning of construction equipment, soil stabilization, installation of track-out prevention devices, and wind fencing. As a standard condition, if the interim construction activities commence prior to the overall Project construction, a separate dust control plan with independent BMPs will be required. Otherwise, the interim construction BMPs can be incorporated with the overall construction management plan. As previously mentioned, the temporary access roads, parking stalls, and buffer areas associated with the interim facilities will be stabilized and maintained

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with gravel, therefore preventing soil erosion and fugitive dust emissions. The permanent site conditions will not have unpaved or non-stabilized ground surfaces that could emit fugitive dust during the life of the project. The Project-related emissions are deemed consistent with the Air Quality Management Plan, the Coachella Valley PM10 SIP, and all SCAQMD Air Quality Significance Thresholds.

The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis assumes that individual projects that do not generate operational or construction emissions that exceed the SCAQMD’s recommended daily thresholds for project-specific impacts would also not cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment, and, therefore, would not be considered to have a significant, adverse air quality impact.

Alternatively, individual project-related construction and operational emissions that exceed SCAQMD thresholds for project-specific impacts would be considered cumulatively considerable. For this Project, a less than significant project-specific and thus less than significant cumulatively considerable impact would occur since the Project’s emissions would not exceed the SCAQMD thresholds for on-going construction and operational activity.

The Project‐specific evaluation of emissions demonstrates that Project construction-source air pollutant emissions would not result in exceedances of regional thresholds. Therefore, Project constructionsource emissions would be considered less than significant on a project-specific and cumulative basis.

Project operational‐source emissions would not exceed applicable SCAQMD regional thresholds.

Therefore, Project operational-source emissions would be considered less than significant on a projectspecific and cumulative basis.

Mitigation Measures: None
d) Expose sensitive receptors to
substantial pollutant concentrations?
Discussion:

The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis (August, 2017) included an analysis of potential impacts to sensitive receptors. A sensitive receptor is a person in the population who is particularly susceptible (i.e. more susceptible than the population at large) to health effects due to exposure to an air contaminant. Sensitive receptors and the facilities that house them are of particular concern if they are located in close proximity to localized sources of carbon monoxide, toxic air contaminants, or odors. Land uses considered by the SCAQMD to be sensitive receptors include residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities. The undeveloped Project site and its local surroundings do not include existing sensitive population receptors.

During construction, the Project is expected to produce temporary and localized emissions, which based on the Air Quality Study’s modeling results, would not exceed the SCAQMD thresholds of significance, including PM10 and ozone precursors. Implementation of the required SCAQMD rules, best available dust control measures and the City’s Fugitive Dust Control and Erosion Control policies will minimize those temporary impacts, preventing pollutants emissions from reaching any substantial concentrations and from reaching any populated areas where sensitive receptors may be found.

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Examples of best available dust control measures include constructing a temporary fence with a wind screen to prevent propagation of dust emissions, utilizing properly maintained equipment, maintaining stabilized soil, and constructing track-out prevention devices at construction access points. These standard practices are consistent with the SCAQMD Rules 403 and 403.1 and the Coachella Valley Best Available Control Measures (CVBACM), as identified in the Coachella Valley Fugitive Dust Control Handbook. Fugitive dust control requirements apply to the interim and permanent components of the Project and are therefore not considered mitigation by SCAQMD.

The proposed Project would not result in a CO “hotspot” as a result of Project related traffic during ongoing operations, nor would the Project result in a significant adverse health impact.

Pertaining to the expose sensitive receptors to substantial pollutant concentrations, less than significant impacts are expected.

Mitigation Measures: None
e) Create objectionable odors affecting a
substantial number of people?
Discussion:

Objectionable odors can be associated with toxic or non-toxic emissions. While offensive odors seldom cause physical harm, they can be unpleasant and lead to considerable annoyance and distress among the public. The SCAQMD has compiled a list of facilities and operations that tend to produce offensive odors. Examples of such facilities that commonly generate odors include wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, and food packaging facilities.

Certain facilities, land uses and populations are considered more likely to experience concern over odors. Land uses considered by the SCAQMD to be sensitive receptors include residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities. Coordination with the SCAQMD is recommended for Projects that would locate sensitive receptors within one-quarter mile of a new or existing land use that emits toxic air contaminants, objectionable odors, or is the site of a CO hot spot. Residential areas are considered sensitive receptors because residents tend to be at home for extended periods of time and include children and the elderly.

The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis (August, 2017) included an analysis of potential odor impacts. The Project is not located near any residences, retirement homes, schools, playgrounds, child-care centers or athletic facilities. The assessment points out that the project does not propose any uses or activities that would result in potentially significant operational-source odor impacts. Potential sources of operational odors generated by the Project would include natural plant blossom odors and disposal of miscellaneous commercial refuse. As mandated by the City’s Municipal Code 5.50 and 17.180, marijuana cultivation activities are permitted only within enclosed facilities and its operations shall not be visible from the exterior of the cultivation facilities.

Marijuana cultivation facilities shall provide the necessary odor control, ventilation, and filtration systems such that the marijuana odors are not detectable outside of the cultivation facilities, or within the common use and office areas of the facilities. It is assumed that proper odor control, ventilation and filtration systems will also be required for the interim facilities, therefore maintaining the same level of

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odor control expected out of the permanent facilities. The ventilation system may include activated carbon filtration, negative ion generation, ozone generators, and masking agents. Consistent with City requirements, all Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations, thereby precluding substantial generation of odors due to temporary holding of refuse on-site. Moreover, SCAQMD Rule 402 acts to prevent occurrences of odor nuisances. Potential operational-source odor impacts are therefore considered to be less than significant.

Established requirements addressing construction equipment operations, and construction material use, storage, and disposal requirements act to minimize odor impacts that may result from construction activities. Moreover, construction-source odor emissions would be temporary, short-term, and intermittent in nature and would not result in persistent impacts that would affect substantial numbers of people. Potential construction-source odor impacts are therefore considered less-than-significant.

Mitigation Measures: None
IV. BIOLOGICAL RESOURCES -- Would the Project:
a) Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
Discussion:

A Project specific Biological Resource Assessment was prepared by Dudek on July 12, 2017. The assessment area covered the entire 98.4 gross acre site and extended approximately 500 feet beyond all parcel boundaries. The biological survey and analyses were designed to ascertain the impacts of proposed development on the potential biological resources of the Project site and immediate vicinity, as mandated by CEQA and required by the City of Desert Hot Springs.

The specific objectives of the biological survey are listed below:
• Describe the existing conditions of biological resources within the project site in terms of vegetation, flora, wildlife, and wildlife habitats.
• Identify potential constraints to implementation of the proposed project in terms of biological significance in view of federal, state, and local laws and policies. • Recommend measures for compliance with federal, state, and local laws and policies relating to biological resources.
• Provide a consistency analysis with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).

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Survey methodology included literature review to determine resources that are known to exist within the general area and to determine the possible occurrence of sensitive species. The review included a search in the California Natural Diversity Database (updated April, 2017) as well as in the U.S. Fish and Wildlife Service, Carlsbad species occurrence database (USFWS 2017) and the CNPS Inventory of Rare and Endangered Plants of California (CNPS 2017).

A field survey was conducted on May 31st, 2017. The assessment included a general wildlife and botanical survey, a sensitive habitat assessment, and preparation of a vegetation communities map.

Surveys were conducted on foot through the Project site and 500 feet beyond the Project boundary.

The survey area was walked thoroughly to complete the resource inventory. The survey buffer was surveyed visually, as access was not granted to these parcels.

The project site was also surveyed for the following types of features:
• Waters of the United States, including wetlands, under the jurisdiction of the U.S. Army Corps of Engineers, pursuant to Section 404 of the federal Clean Water Act. • Waters of the state under the jurisdiction of the California Regional Water Quality Control Board, pursuant to Section 401 of the federal Clean Water Act and the Porter–Cologne Act as wetlands or drainages.
• Streambeds under the jurisdiction of CDFW, pursuant to Section 1602 of the California Fish and Game Code.

The Project site is relatively flat with elevations ranging from approximately 715 to 800 feet above sea level. The environment of the Project site is included as part of the desert scrub habitat of the valley floor as described in the CVMSHCP. The project site is mapped with two soil types. The majority of the site is composed of a combination of Carsitas gravelly sand, Carsitas cobbly sand, and Carsitas fine sand (USDA 2017). A small portion of the southeast corner is composed of Myoma fine sand. These soils are typically found within alluvial fans in geographic areas associated with warm, dry winters and hot, dry summers. Myoma series soils are considered moderately alkaline, very fine sands that form from sand blown from recent alluvium. These soils are typically found in geographic areas associated with little rain.

The field survey results indicate the Sonoran creosote bush scrub covers approximately 89.93 acres of the project site. 3.28 acres is disturbed habitat where vegetation is sparse, if present at all and 5.29 acres was identified as developed, referring to the roads and buildings adjacent to the Project site, there was little to no natural vegetation growth. The following four species covered by the CVMSHCP were determined to have moderate potential to occur on site; Little San Bernardino Mountains linanthus, Coachella Valley milk-vetch, Orocopia sage, and Mecca-aster. The Arizona spurge is not covered by the CVMSHCP and was determined to have a moderate potential to occur. However, no special-status plants were observed during the field survey and each of these organisms is covered under the CVMSHCP, and mitigation is provided under the plan through the payment of fees.

Mission Creek lies east of the project site, flowing south, where it joins the White Water River. An erosional feature runs north/south along a portion of the western boundary of the Project site. This

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feature appears to collect runoff from the neighboring development and terminates on site after approximately 200 feet. Per the Project specific biological assessment, this feature would not be considered jurisdictional waters. No naturally occurring springs or permanent aquatic habitats were found near or within the Project area. The report concludes there would be no impact to jurisdictional waters, therefore, there should be no need to obtain streambed alteration permits from state or federal agencies, and no habitat evaluation or state or federal streambed alteration permits are required.

The burrowing owl was determined to be present during the site visit. The burrowing owl is protected by the Migratory Bird Treaty Act of 1918 and is a covered species under the CVMSHCP. Based upon the recommendation of the California Department of Fish & Wildlife (CDFW), Pre-construction surveys for burrowing owls shall be completed in accordance with the CDFW Staff Report on Burrowing Owl Mitigation (CDFW 2012), with the first survey occurring no less than 14 days prior to initiation of ground disturbance including clearing, grubbing and grading, and the second within 24 hours of project-related disturbance and activities.

The following five species covered by the CVMSHCP were determined to have moderate potential to occur: Mojave Desert tortoise, flat-tailed horned lizard, Coachella fringe-toed lizard, Palm Springs pocket mouse, and the Palm Springs round-tailed ground squirrel. None of these species was observed on site. Two species not covered by the CVMSHCP that were determined to have moderate potential to occur are the loggerhead shrike and the San Diego woodrat which were not observed during the field survey. Due to the prevalence of suitable habitat surrounding the project area and the preservation of habitat through the CVMSHCP, potential impacts to these species would be less than significant.

The project site has the potential to support nesting birds, although potential nesting habitat is limited with the Project site due to sparse vegetation cover and the disturbed nature of the site, the potential for birds to nest on site remains. A nesting survey should be performed within 72-hours of ground disturbing activities between the nesting season of February 15th through July 31st.

The Project lies within the CVMSHCP fee, but does not lie within a Conservation Area of the (CVMSHCP). Additionally, the site is not located immediately adjacent to a Conservation Area of the plan and is therefore, not subject to Plan requirements regarding lands adjoining Conservation Areas.

The Project is required as a standard condition to comply with and pay the relevant CVMHSCP development impact fee.

The study’s findings conclude that with the implementation of recommended mitigation measures, no significant adverse impacts to biological resources are expected to result from Project implementation.

Therefore, the Project would not have a substantial adverse impact on candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS).

The biological report recommends three mitigation measures: 1) Conduct pre-construction surveys for the burrowing owl in accordance with (CDFW 2012), with the first survey occurring no less than 14 days prior to initiation of ground disturbance including clearing, grubbing and grading, , and the second within 24 hours of project-related activities 2) conduct a nesting bird survey within 72 hours prior to grounddisturbing activities (including clearing and grubbing) if scheduled to occur between and including

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February 15 and July 31. This form of mitigation is itemized as BR-1and BR-2, in this section of the Initial Study.

Less than significant impacts with mitigation incorporated are expected to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service, following the recommended mitigation listed below:

Mitigation Measures:

BR-1: Pre-construction surveys for burrowing owls shall be completed in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW 2012), with the first survey no less than 14 days prior to initiation of ground disturbance including clearing, grubbing and grading and the second within 24 hours of project-related activities. If an active burrowing owl is detected within 500 feet of the project site, avoidance and minimization measures shall be implemented in accordance with the CDFW 2012 guidelines, including implementation on a non-disturbance buffer and monitoring of the nest to ensure activities are not adversely affecting the nest.

BR-2: To avoid impacts to nesting birds, ground-disturbing activities shall be completed outside the avian breeding season (August 1 through January 14). If ground-disturbing activities (including clearing and grubbing) are scheduled to occur between and including February 15 and July 31, a qualified biologist shall conduct a nesting bird survey within 72 hours prior to ground-disturbing activities. If no active nests are found, no additional measures are required. If nests are found, the nest locations shall be mapped by a qualified biologist using GPS equipment, where feasible. The biologist shall establish a no-disturbance buffer around each active nest. No construction or ground-disturbing activities shall be conducted within the buffer until the biologist has determined that the nest is no longer active and has informed the construction supervisor that activities may resume. b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service?
Discussion:

The biological survey performed on the Project property did not find any on-site naturally occurring springs, permanent aquatic habitats, drainages or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service. No blue-line stream corridors or desert washes were found within the Project boundaries.

Because the Project would disturb more than one acre, temporary construction activities associated with these improvements would be subject to National Pollutant Discharge Elimination System (NPDES) requirements to ensure that required construction site best management practices are implemented to reduce off-site impacts. The Project applicant will also be required to develop and implement a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current

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standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. The plan will be reviewed and approved by the City.

The Project-Specific WQMP involves a detailed strategy of site design, source controls, treatment controls and on-going maintenance measures to address post-construction runoff quality and quantity.

Such compliance and implementation protects the receiving waters and avoids Project violations to the established water quality standards and waste discharge requirements. The quality and quantity of runoff generated by the Project will be required to be controlled, preventing impacts to any downstream resources. As a result of the absence of significant wash or riparian vegetation, absence of sensitive plant species and absence of sensitive animal species, less than significant impacts to desert wash or riparian habitats are expected.

Mitigation Measures: None
c) Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
Discussion:

According to the Project specific Biological Resource Assessment, the Project site does not contain federally protected wetlands, marshes or other drainage features. The National Wetlands Inventory from the USFWS, indicated that there are no wetlands or riparian resources on the Project property.

Furthermore, the Biological Assessment did not identify naturally occurring springs or permanent aquatic habitats in or near the Project site boundaries nor are there botanical indicators of such corridors.

As a result, implementation of the Project would not result in the direct removal, filling or other hydrological interruption to any of these resources. A Project Specific Water Quality Management Plan (WQMP) is expected to be prepared to ensure that the Project does not contribute pollutants of concern in any Project storm runoff. Less than significant impacts are expected.

Mitigation Measures: None
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?
Discussion:

Per the Project Biological Resources Assessment, no evidence of migratory wildlife corridors or native wildlife nursery sites exists on the Project site or adjacent properties. The project site has open space

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to the north and east; however, Interstate 10 acts as the southern boundary and inhibits any north/south movement through the project site. There is also development adjacent to the site on the west, prohibiting east/west movement through the project site.

The Coachella Valley region contains potential habitat for the burrowing owl, which is protected in the United States by the Migratory Bird Treaty Act of 1918. The Migratory Bird Act prohibits harming the owl and therefore, mitigation that is approved by the USFWS is generally required. At present time the USFWS approves of the form of mitigation provided in the “Staff Report on Burrowing Owl Mitigation” prepared by the CDFW.

The Biological Assessments performed at the Project site included surveys approved by the USFWS for determining the presence or absence of the burrowing owl. The surveys revealed that the burrowing owl was determined present on the Project site. Pre-construction surveys for burrowing owls shall be completed in accordance with the Staff Report on Burrowing Owl Mitigation (CDFW 2012), with the first survey no less than 14 days prior to ground disturbance, and the second within 24 hours of projectrelated activities. This measure is specified in Mitigation Measure BR-1 of this Initial Study. Less than significant impacts are expected to the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, provided that the procedures established in Mitigation Measure BR-1 of this Initial Study are implemented pertaining to the burrowing owl.

The project site has the potential to support nesting birds, therefore direct impacts to migratory nesting birds must be avoided for compliance with the Migratory Bird Treaty Act and California Fish and Wildlife Code Section 3516. To avoid impacts to nesting birds, ground-disturbing activities shall be completed outside the avian breeding season (August 1 through January 14). If ground-disturbing activities (including clearing and grubbing) are scheduled to occur between and including February 15 and July 31, a qualified biologist shall conduct a nesting bird survey within 72 hours prior to ground-disturbing activities. This measure is specified in Mitigation Measure BR-2 of this Initial Study. Less than significant impacts are expected to the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, provided that the procedures established in Mitigation Measure BR-2 of this Initial Study are implemented.

Mitigation Measures: See BR-2
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
Discussion:

The Project property is presently vacant and undeveloped with scattered vegetation. Project implementation would not result in demolition or tree removal. The proposed site plan provides landscaping improvements along the Project edges in a manner consistent with the local development standards. The Project will comply with the CVMSHCP and there are no other unique local policies or ordinances protecting biological resources that would cause a conflict nor does the site support high value biological resources that could be affected. There are no applicable tree preservation policies or

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ordinances and no impacts are expected.

Mitigation Measures: None
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or state
habitat conservation plan?
Discussion:

The Project lies within the boundary of the CVMSHCP, which outlines policies for conservation of habitats and natural communities. However, the project is not located within or adjacent to a designated Conservation Area under this plan. Therefore, is not subject to CVMSHCP requirements regarding lands adjoining conservation Areas.

The CVMSHCP implements a habitat mitigation fee from all new development to support the acquisition of conservation lands. The fee would be applied per Chapter 3.40 of the Desert Hot Springs Municipal Code (Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fees). Based on these provisions, the applicable fees would be collected by the City and remitted to the Coachella Valley Conservation Commission (CVCC) at issuance of a certificate of occupancy or upon final inspection of the premises, whichever occurs first. The Project is expected to comply with provisions of the CVMSHCP. Less than significant impacts would result from project implementation.

Mitigation Measures: None
V. CULTURAL RESOURCES –Would the Project:
a) Cause a substantial adverse change in
the significance of a historical resource
as defined in § 15064.5?
Discussion:

The Project is located on approximately 64.91 acres of vacant land within a partially developed industrial district in the City of Desert Hot Springs. This area of the City is designated as a Light Industrial (I-L) District which supports business parks and the development of industrial uses operating in enclosed buildings. This district is largely segregated from the City’s residential and commercial uses, a condition which is intended to reduce land use incompatibility. Existing commercial properties in the vicinity are mostly west of the Project site. The project area was part of a 2008 Phase 1 Cultural Resource Study conducted by CRM Tech. As part of the 2008 study, CRM Tech conducted a records search, historical records research, contacted Native American representatives and carried out an intense field survey. No historical resources as defined by CEQA were identified. Because the study is now seven years old, and some of the standard practice is in CEQA compliance studies have evolved, an updated study (July 2017) was prepared in order to confirm and our update the 2008 findings.

A standard one mile radius records search was conducted on May 31, 2017 by CRM Tech. According

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to the Eastern Information Center (EIC) records, the 2008 CRM TECH report remains the only previous cultural resources study involving the project area, and no cultural resources had been identified within or adjacent to the project boundaries prior to this study. Outside of the Project area but within a onemile radius, EIC records show more than 40 previous studies covering various tracks of linear features.

In all roughly 70% of the land within the scope of the records search has been surveyed. Ten historical/archaeological sites and eight isolates – localities with fewer than three artifacts – had been recorded within the one-mile radius.

Two of the sites and two of the isolates were of Native American origin, all consisting of scattered ceramic and lithic artifacts. All of these sites and isolates were recorded along Dillon Road to the northeast, the nearest being 0.75 miles away. The other eight and six isolates dated to the historic period and consisted of mainly of refuse scatters and various infrastructure features. Since none of these previously recorded cultural resources was found in the immediate vicinity of the project area, none of them require any further consideration during this study. No prehistoric i.e., Native American archaeological resources were identified within the scope of the records search.

Historical maps consulted for the Project specific study suggest that the Project area is relatively low in sensitivity for cultural resources from the historic period. No evidence of any settlement or development activities was noted within the Project boundaries throughout the 1850s-1950s eras. The project area has remained undeveloped throughout the historic period, and has remained so to the present time.

The field survey results were negative for cultural resources. The entire project area was closely inspected for any evidence of human activities dating to the prehistoric or historic period, but none was found. No buildings, structures, objects, sites, features, or artifacts more than 50 years of age were encountered. The 2008 survey noted the presence of two small, rectangular-shaped concrete pads that appeared to be of modern origin, but their location is no longer a part of the project area for this study.

Therefore, there are no recognizable potential historic resources, as defined in Section 15064.5 of the CEQA Guidelines that would be adversely affected by the proposed Project. This includes any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant
The Native American Heritage Commission (NAHC) sacred land search did not identify any Native American cultural resources within the project area. The NAHC did recommend that additional local Native American groups be contacted for further information. Upon receiving the NAHC’s response, CRM Tech sent written requests for comments to 18 Tribal individuals. Six (6) Tribal representatives contacted have responded in writing, the Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, and the Soboba Band of Luiseño Indians, have identified the project location to be a part of their Tribes Traditional Use Area (TUA). The Cabazon and San Manuel Band of Mission Indians, and Augustine Band of Cahuilla Indians did not identify any specific cultural resources and deferred to Tribes in closer proximity. The Agua Caliente Tribal Historic Preservation Office and the Morongo and Soboba Band of Mission have requested Native American Cultural Resources monitors from their respective Tribes be present during all ground disturbing activities in the project area. Therefore, less than significant impacts are expected following the recommended mitigation measure.

Mitigation Measures:

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CR-1: If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the cost of, the applicant to identify the resource and recommended mitigation if the resource is culturally significant. The archaeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Aqua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register.

CR-2: The applicant shall ensure the presence of an approved Cultural Resource Monitor(s) from each of the following respective Tribes; The Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, and Soboba Band of Mission Indians during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to §15064.5?
Discussion:

Archaeological resources are described as cultural resources, such as structures or objects that provide evidence to past human activity. They are important for scientific, historic, and/or religious reasons to cultures, communities, groups or individuals.

As previously discussed, CRM Tech conducted a Project and site specific study on historical and archaeological resources. The assessment included a cultural resources records search, Native American consultation, and an archaeological field inspection. Observations by the investigators during the field survey did not encounter onsite buildings or structures. Outside the Project area but within a one-mile radius, ten historical/archaeological sites and eight isolates were previously recorded. Two of the sites and two of the isolates were of Native American origin, all consisting of scattered ceramic and lithic artifacts. All of these sites and isolates were recorded along Dillon Road to the northeast, the nearest being 0.75 miles away. The other eight and six isolates dated to the historic period and consisted of mainly of refuse scatters and various infrastructure features. Per the Cultural Report, none of these previously recorded cultural resources was found in the immediate vicinity of the project area, and thus none of them requires further consideration during this study.

Furthermore, the Native American Heritage Commission (NAHC) sacred lands record search did not indicate the presence of Native American resources with a half-mile radius of the Project. The NAHC did recommend that additional local Native American groups be contacted for further information. Upon receiving the NAHC’s response, CRM Tech sent written requests for comments to 18 Tribal individuals.

Six (6) Tribal representatives contacted have responded in writing. The San Manuel Band of Mission Indians stated that the project was outside the tribe’s ancestral territory and declined to participate in further consultation.

The Cabazon Band of Mission Indians, San Manuel Band of Mission Indians and the Augustine Band of

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Cahuilla Indians had no information on any Native American cultural resources in the project area. The Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, and the Soboba Band of Luiseño Indians, has identified the project location to be a part of their Tribes Traditional Use Area (TUA). The Agua Caliente Tribal Historic Preservation Office and the Morongo and Soboba Band of Mission have requested Native American Cultural Resources monitors from their respective Tribes be present during all ground disturbing activities in the project area. Less than significant impacts relative to archaeological resources are expected following the recommended mitigation measure as identified in CR-2.

Mitigation Measures: CR-2
c) Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
Discussion:

Per the Riverside County Land Information System, the property is recognized for having low potential for Paleontological Sensitivity. Areas recognized for having “low” potential have a reduced likelihood of containing significant non-renewable paleontological resources, including vertebrate or significant invertebrate fossils. Moreover, the site is not recognized as a unique paleontological or a unique geologic feature. However, per industry standards in the region, excavations deeper than 10-15 feet should be monitored by a qualified paleontological monitor. Less than significant impacts are expected to paleontological resources following the recommended mitigation measures.

Mitigation Measures:

CR-3: The applicant shall ensure that any excavations deeper than 10-15 feet shall be monitored by a qualified paleontological monitor. The monitor shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays, but must have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens. Additionally, the grading plan shall include a note that excavations deeper than 10 feet are planned (if any) and notification of such planned excavations be provided by the grading engineer to the Planning Department.

CR-4: All fossils and associated data recovered during the paleontological monitoring shall be reposted in a public museum or other approved curation facility. d) Disturb any human remains, including
those interred outside of formal cemeteries?
Discussion:

The historical and archaeological reports prepared by CRM TECH for this Project included intensivelevel field observations of the entire site. The entire Project area was closely inspected for evidence of human activities dating to prehistoric or historic periods. As discussed previously, no other sites, features, artifacts, or built-environment features of prehistoric or historic age were encountered within the Project area during the field survey.

Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section

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15064.5 require that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American, or has reason to believe that they are those of Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission. Pursuant to the mentioned California Health and Safety Code, proper actions shall take place in the event of a discovery or recognition of any human remains during Project construction activities. Less than significant impacts are expected following standard conditions.

Mitigation Measures:

CR-5: In the event that any human remains are discovered, the applicant shall cease all work and contact the Riverside County Coroner’s office and work shall not resume until such time that the site has been cleared by the County Coroner and/or the Desert Hot Springs Police Department. The Applicant shall also be required to consult with the Agua Caliente Tribal Historic Preservation Office (THPO).

VI. GEOLOGY AND SOILS -- Would the Project:
a) Expose people or structures to 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?
Discussion:

According to the project specific Geotechnical Investigation prepared by Sladden Engineering, surface rupture is expected to occur along preexisting known active faults traces. However surface rupture could potentially splay or step from active faults or rupture along unidentified traces. The report further indicates that no known active faults are mapped on or projecting towards the site. Signs of active surface faulting were not observed during the review of the non-stereo digitized photographs of the site and site vicinity. Finally, no signs of active surface fault rupture or secondary seismic effects (lateral spreading, lurching etc.) were identified onsite during field investigations. Risks associated with primary surface ground rupture should be considered “low.”
During an earthquake, ground rupture and ground shaking are the most significant seismic hazards that will impact the Desert Hot Springs planning area. The General Plan Geotechnical Section indicates that critical parameters for magnitude of impacts include whether foundations and/or structures straddle the fault, distance between the fault and various portions in the City, the maximum credible earthquake each fault is capable of generating, the intensity of ground shaking expressed as a fraction of the acceleration of gravity (g), and the Modified Mercalli (MM) seismic intensity values that have been calculated for the City. In general, peak ground accelerations and seismic intensity values decrease

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with increasing distance from the causative fault. However, local site conditions, such as the top of ridges, may amplify the seismic waves generated by an earthquake, resulting in higher accelerations.

Per the General Plan EIR No known active faults traverse the Project site or are found near it. GP EIR EXHIBIT V-1: Faults in the Desert Hot Springs General Plan Area, indicates that the nearest AlquistPriolo Fault Zone is located approximately 0.5 miles to the northeast and labeled the Banning Fault.

Alquist-Priolo Maps are corroborated by the Riverside County Seismic Faults and Fault Zones database and by the Desert Hot Springs EIR Map. The nearest seismic feature to the project site is the Coachella Valley Segment of the San Andreas Fault Zone. This southwest trending zone (presumably the Zone also mapped in Alquist-Priolo maps) is located approximately 0.5 miles northeast of the site.

Surface rupture occurs when movement on a fault deep within the earth breaks through to the surface.

The GP EIR indicates that fault ruptures usually follow preexisting faults, which are zones of weakness.

The Garnet Hill Fault is located approximately 0.75 miles south of the Project, According to the General Plan EIR the Garnet Hill Fault is located just south of the Desert Hot Springs Sphere of Influence, south of Interstate-10. The fault is not considered active by the California Division of Mines and Geology, however ground fractures associated with the 1986 North Palm Springs earthquake were reported along this fault. Its physical characteristics suggest that it is associated with the San Andreas fault zone. Surface rupture occurs when movement on a fault deep within the earth breaks through to the surface.

The Project site does not lie within an Alquist-Priolo Earthquake Fault Zone. Surface fault rupture is considered to be unlikely at the Project site because of the well-delineated fault lines through the Coachella Valley as shown on California Department of Mines and Geology (CDMG) maps. Less than significant impacts are expected.

Mitigation Measures: None
ii) Strong seismic ground shaking?
Discussion:

As mentioned in the previous discussion, relative to properties that are not located on faults or within fault study areas, ground shaking is the primary seismic hazard that can be expected. Intensity, in general, decreases as the distance from a fault increases. Strong shaking from an earthquake can result in secondary actions including landslides, ground lurching, structural damage or destruction, and liquefaction (discussed subsequently in this Geotechnical section.) The Geotechnical Investigation for the property states that the site has been subjected to past ground shaking by faults that traverse through the region. Strong seismic shaking from nearby active faults is expected to produce strong seismic shaking during the design life of the proposed project.

The Project will be required to comply with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the California Building Code (CBC.) The proposed facilities will be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). Remedial grading and construction will work to reduce exposure of people or structures to adverse effects of seismic hazards to the greatest extent possible. All grading and construction plans will be reviewed and approved by the City.

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The design and construction of the proposed interim cultivation facility will be required to comply with the seismic recommendations contained in the Geotechnical Investigation and with the seismic regulations mandated by the State.

Following compliance with standard conditions relative to geotechnical studies and seismic design requirements provided in the Geotechnical Investigation, less than significant impacts are expected.

Mitigation Measures: None
iii) Seismic-related ground failure,
including liquefaction?
Discussion:

The Geotechnical Investigation indicates that liquefaction is the process in which loose, saturated granular soil loses strength as a result of cyclic loading. The strength loss is a result of a decrease in granular sand volume and a positive increase in pore pressure. Generally, liquefaction can occur if all of the following conditions apply: liquefaction susceptible soil, groundwater within a depth of 50 feet or less and strong seismic shaking.

The General Plan Geotechnical Element indicates that liquefaction occurs when loose, unconsolidated, saturated, sandy soils are subjected to ground vibrations during a seismic event. When these conditions occur, soils may liquefy; this phenomenon is called liquefaction. This commonly occurs in areas where the ground water table is within 50 feet of the ground surface.

According to the Mission Springs Water District (MSWD) Draft 2015 Urban Water Management Plan, groundwater levels in the Mission Creek Subbasin, in which the Project is located, average 300 feet below the ground surface elevation.

The chance for hazards associated with liquefaction is considered low in the Desert Hot Springs area, principally because of the approximate depth to ground water. The exception includes lands located immediately adjacent to and on the north side of the Banning and Coachella Valley (Mission Creek) Faults, which dike ground water and allow it to rise within 50 feet of the surface. Effects of liquefaction include a loss of bearing strength, ground oscillations, lateral spread and slumping. The Project is located a minimum of 0.5 miles from the nearest of the faults, the Banning Fault.

The Geotechnical investigation further states that, according to the County of Riverside, the site is situated within a “moderate” liquefaction potential zone. Based on review of groundwater maps (>50 feet below ground surface) and past experience with the area, risks associated with liquefaction and liquefaction related hazards should be considered negligible. Less than significant impacts are expected.

Mitigation Measures: None
iv) Landslides?
Discussion:

Per the General Plan Geotechnical Element, The Project is not located near an area of Seismically Induced Rock Falls and Landslide Susceptibility. Exhibit V-2 of the Geotechnical Element indicates that

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the closest area with moderate susceptibility to land sliding is approximately 2.0 miles to the northwest which is an isolated geological feature referred to as Devers Hill.

According to the Geotechnical Investigation, no signs of slope instability in the form of landslides, rock falls, earthflows or slumps were observed at or near the subject site. Risks associated with slope instability should be considered “negligible.” Additionally, the hazard of land sliding is unlikely due to the relatively flat topography of the property. No impacts are expected relative to landslides.

Mitigation Measures: None
b) Result in substantial soil erosion or the
loss of topsoil?
Discussion:

Remedial grading, including over-excavation and re-compaction, will be required for preparation of the site soils for construction. Site soils are susceptible to wind and water erosion. Standard construction measures to reduce seasonal flooding impacts including waterborne erosion will be incorporated into the site grading plans. These include the onsite retention of 100 percent of the incremental increase of storm water. To address windborne soil erosion, paving, landscape and other means of stabilization are incorporated into the Project. These plans will be submitted to the City for review and approval.

Relative to waterborne erosion, the entire Project and its immediate surroundings are located within Zone X and is identified as “Areas of 0.2% annual chance flood: areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile: and areas protected by levees from 1% annual chance flood. Insurance purchase is not required in these zones.” Offsite run-on to the site shall be collected and conveyed through or around the proposed Project site, along the existing flow direction, without changing the runoff, or impacting any of the adjacent properties through hydro-modification. The proposed stormwater retention system will be designed to contain the worst case scenario increase of the pre- and post-construction runoff. All onsite 100-year peak discharges would drain into onsite surface and sub-surface retention via surface and/or piped flows. Following these design requirements, proposed construction would not alter the FEMA Flood Zone X sheet flow.

The initial stages of Project construction include demolition and grading activities that would alter existing conditions on the property by removing existing paving, topsoil and vegetation. The demolition of 20th Avenue is necessary as the frontage adjacent portion is partially improved. These temporary impacts during construction will be addressed by the required preparation, approval and implementation of a Project specific Storm Water Pollution Prevention Plan, further discussed in the Hydrology section of this document, as well as a Fugitive Dust (PM10) Control Plan, further discussed in the Air Quality section of this document.

The interim facility will also be required to comply with the recommendations found within the Geotechnical Investigation as well as applicable standard conditions.

The Project will be conditioned to comply with the recommendations and design criteria in the Project

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specific Geotechnical Investigation. Compliance with adopted procedures for grading and erosion will further mitigate impacts associated with grading. The following conditions will be implemented:
• All future grading shall be performed in accordance with the grading ordinance of the City of Desert Hot Springs.
• The Project contractor shall adhere to the recommendations contained within the Project specific Geotechnical Investigation throughout grading and construction activities. • A grading plan that outlines measures to contain any run off shall be prepared and submitted to the City for approval.
• The Project proponent shall prepare and implement (throughout all construction activities) a Stormwater Pollution Prevention Plan (SWPPP) and a Fugitive Dust (PM10) Control Plan.

Compliance with adopted procedures for grading and erosion as well as the recommendations found in the Geotechnical Investigation will mitigate impacts associated with grading the site to less than significant
Mitigation Measures: None
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?
Discussion:

According to the project specific Preliminary Hydrology Study the project’s hydrologic Soil Group is A, and is defined by RCFCD as–“those soils having high infiltration rates. These soils consist mainly of deep, well drained to excessively drained sands or gravely sands. These soils have a high rate of water transmission.” The existing onsite area has an elevation drop of 28 feet, from the north to the south, at a 2.2% grade.

As discussed previously hazards associated with liquefaction, lateral spread and landslides are not expected.

The Geotechnical Investigation indicates that land subsidence can occur in valleys where aquifer systems have been subjected to extensive groundwater pumping such that groundwater pumping exceeds groundwater recharge. Generally, pore water reduction can result in a rearrangement of skeletal grains and could result in elastic (recoverable) or inelastic (unrecoverable) deformation of an aquifer system
The GP EIR states that ground subsidence is the gradual settling or sinking of the ground surface with little or no horizontal movement. This phenomenon is usually associated with the extraction of oil, gas or ground water from below the surface, but it may also occur as a result of an earthquake. The 4-meter high scarp on the west side of Devers Hill indicates that uplift has occurred within the Desert Hot

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Springs Area. Devers Hill is approximately 2.0 miles northwest of the subject property.

A USGS Scientific Investigations Report 2014-5075 “Land Subsidence, Groundwater Levels and geology in Coachella Valley, California, 1993-2010” indicates the following: While most of the Coachella Valley was relatively stable, land surfaces declined about nine inches to two feet in some areas of Palm Desert, Indian Wells, and La Quinta, between 1995 and 2010. An important exception was observed in La Quinta where groundwater levels have stabilized and risen, and the rate of land subsidence substantially decreased after groundwater replenishment systems were installed in 2009. Subsidence is considered a regional problem requiring regional mitigation not specific to the Project vicinity.

According to the GP EIR, soil collapse typically occurs in recently deposited soils that were deposited in an arid or semi-arid environment. The alluvial sediments which comprise much of Desert Hot Springs are prone to collapse, which can result from surface irrigation. Remedial grading, including proper preparation and compaction of Project soil, will be required and indicated in Project specific grading plans which will be reviewed and approved by the City.

The Geotechnical Investigation indicates that caving did occur to varying degrees within each of the exploratory bores and the surface soil may be susceptible to caving within deeper investigations. All excavations should be constructed in accordance with the normal CALOSHA excavation criteria. The Geotechnical Investigation anticipates that the subsoil will conform to that described by CALOSHA as Type B or C.

The interim facility will be conditioned to comply with the recommendations within the Geotechnical Investigation as well as applicable State and City requirements.

The Project will be conditioned to comply with the recommendations and Design Criteria within the Project Specific Geotechnical Investigation required as a Condition of Approval. Less than significant impacts are expected.

Mitigation Measures: None
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life of the
Property?
Discussion:

According to the General Plan Geotechnical Section, expansive soils are those, which include a significant amount of clay and are subject to swelling. Expansive soils can change in volume and can exert significant pressure on loads (such as buildings) that are placed on them. Expansive soils are not commonly considered a hazard in the Desert Hot Springs area because of the relatively minor amount of clay present in the soils. Where expansive soils may occur is in the Qf3 and Qf4 soils, which generally occur north of the Mission Creek Fault and in the vicinity of Whitewater Hill. The property is approximately 4.0 miles southwest of the Mission Creek Fault and 3.5 miles east of Whitewater Hill.

According to the project specific Geotechnical Investigation, generally, the site surface soil consists of sand. (SW/SM/SP). Based on the results of laboratory testing (EI=0), the materials underlying the site

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are considered to be non-expansive and the risk of structural damage caused by volumetric changes in the subgrade soil should be considered “negligible. “ Less than significant impacts are anticipated.

Mitigation Measures: None
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?
Discussion:

Mission Springs Water District (MSWD) currently provides sewer service to the north. No services are provided in the vicinity. An onsite wastewater treatment package plant is proposed for the Project. The interim facility will utilize portable toilets. Project design will undergo City and MSWD review; the Project will be required to meet the Regional Water Quality Control Board (RWQCB) standards and to comply with MSWD, and Riverside County Environmental Health. Design for all disposal systems shall comply with industry regulations. Less than significant impacts are anticipated.

Mitigation Measures: None
VII. GREENHOUSE GAS EMISSIONS --Would the Project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
Discussion:

Greenhouse Gas (GHG) is a gaseous compound in the earth’s atmosphere that is capable of absorbing infrared radiation, thereby trapping and holding heat in the atmosphere. Common greenhouse gases in the earth’s atmosphere include: water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone, and to a lesser extent chlorofluorocarbons. Carbon dioxide is the main GHG thought to contribute to climate change.

In response to growing concern for long-term adverse impacts associated with global climate change, California’s Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020. In 2016, Governor Jerry Brown signed Senate Bill 32 (SB32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. Additionally, in 2013, the City of Desert Hot Springs adopted their Climate Action Plan (CAP) that includes policies applicable to new development for the reduction of GHGs.

Per the GHG Analysis prepared by Urban Crossroads (August 2017), the City of Desert Hot Springs has not adopted its own numeric threshold of significant for determining impacts with respect to greenhouse (GHG) emissions. As in interim threshold based on guidance provided in the California Air

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Pollution Control Officers Association (CAPCOA) CEQA and Climate Change Handbook, the City has opted to use a non –zero threshold approach. The latest threshold developed by SCAQMD is 10,000 metric tons carbon dioxide equivalent (MTCO2E) per year for industrial projects. This approach has been adopted by the SCAQMD for industrial project where they are the lead agency. This approach is also widely used by the City of Desert Hot Springs and various other cities in the South Coast Air Basin where the SCAQMD is the lead agency. Therefore, this threshold will be utilized herein to determine if emissions of GHG will be significant.

The Project would be required to comply with regulations imposed by the State of California and the South Coast Air Quality Management District aimed at the reduction of air pollutant emissions. Those that are directly and indirectly applicable to the Project and that would assist in the reduction of greenhouse gas emissions include:
• Global Warming Solutions Act of 2006 (AB32) (4). AB 32 is applicable to the Project because, as a development Project, the Indian Canyon Drive / I-10 Retail Cultivation Site Project will need to meet 2020 GHG reduction goals set forth in AB 32. AB 32 requires the California Air Resources Board (CARB or ARB) to develop regulations and market mechanisms to reduce California's greenhouse gas emissions to 1990 levels by the year of 2020. Many of the GHG reduction measures outlined in AB 32 (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards, and Cap-and-Trade) have been adopted over the last five years and implementation activities are ongoing.
• Pavley Fuel Efficiency Standards (AB1493). Establishes fuel efficiency ratings for new vehicles (5).AB 1493 (Pavley) establishes fuel efficiency rating for model year 2009-2016 passenger cars and light trucks. AB 1493 is applicable to the Project because model year 2009-2016 passenger cars and light duty truck vehicles traveling to and from the Project site are required by the State of California to implement GHG emission reduction standards related to fuel efficiency. The CARB anticipates that implementation of the Pavley regulations will reduce GHG emissions from California passenger vehicles by about 30 percent in 2016 compared to emissions that occurred prior to 2009 when AB 1492 was enacted.
• Title 24 California Code of Regulations (California Building Code). Establishes energy efficiency requirements for new construction (6). The Title 24 energy standards address the energy efficiency of new (and altered) homes and commercial buildings. Because energy efficiency reduces energy costs, increases reliability and availability of electricity, improves building occupant comfort, and reduces impacts to the environment, standards are important and necessary for California’s energy future. Therefore, a new development such as the Indian Canyon Drive / I-10 Retail Cultivation Site Project is required to comply with Title 24 Code of Regulations and would therefore increase the Project’s energy efficiency and reduce its environmental impact.
• Title 17 California Code of Regulations (Low Carbon Fuel Standard). Requires carbon content of fuel sold in California to be 10% less by 2020 (7). Because the LCFS applies to any transportation fuel that is sold, supplied, or offered for sale in California, and to any person who, as a regulated party, is responsible for a transportation fuel in a calendar year, all vehicles accessing the site will be required to comply with LCFS. Implementation of such a standard will

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reduce greenhouse gas emissions by reducing the full fuel-cycle, carbon intensity of the transportation fuel pool used in California.
• California Water Conservation in Landscaping Act of 2006 (AB1881). Requires local agencies to adopt the Department of Water Resources updated Water Efficient Landscape Ordinance or equivalent by January 1, 2010 to ensure efficient landscapes in new development and reduced water waste in existing landscapes (8). As new development project within the State of California, the Indian Canyon Drive / I-10 Retail Cultivation Site Project is required to comply with the City of Desert Hot Springs’s adopted water efficient landscape requirements and would therefore be consistent with the requirements of AB1881 in order to help conserve California’s water resources and to promote efficient water use.
• Senate Bill 32 (SB 32). Requires the state to reduce statewide greenhouse gas emissions to 40% below 1990 levels by 2030, a reduction target that was first introduced in Executive Order B-30- 15. The new legislation builds upon the AB 32 goal of 1990 levels by 2020 and provides an intermediate goal to achieving S-3-05, which sets a statewide greenhouse gas reduction target of 80% below 1990 levels by 2050 (9) (10).The CalEEMod (The California Emissions Estimator Model/CalEEMod Version 2016.3.1) was utilized to estimate the long-term operational air pollutant emissions and the greenhouse gas emissions that would result from the implementation of the proposed Project. The annual GHG emissions associated with the operation of the proposed Project is 645.0493MTCO2e per year as summarized in Table VII-1.

Direct and indirect operational emissions associated with the Project are compared with the SCAQMD threshold significance for industrial facilities Projects, which is 10,000 MTCO2e per year.

Construction and Operation Life-Cycle Analysis
Aduefull life‐cycle analysis (LCA) for construction and operational activity is not included in this analysis assessto the lack of consensus guidance on LCA methodology at this time. Life‐cycle analysis (i.e., ing economy‐wide GHG emissions from the processes in manufacturing and transporting all raw materials used in the project development, infrastructure and on-going operations) depends on mission factors or econometric factors that are not well established for all processes. At this time a LCA would be extremely speculative and thus has not been prepared.

Construction Emissions
Construction activities associated with the proposed Project will result in emissions of CO2 and CH4 from construction activities. The report Indian Canyon Drive / I-10 Retail Cultivation Site Air Quality Impact Analysis Report, Urban Crossroads, Inc. (2017) contains detailed information regarding construction activity (51). For construction phase Project emissions, GHGs are quantified and amortized over the life of the Project. To amortize the emissions over the life of the Project, the SCAQMD recommends calculating the total greenhouse gas emissions for the construction activities, dividing it by the a 30 year project life then adding that number to the annual operational phase GHG emissions (52). As such, construction emissions were amortized over a 30 year period and added to the annual operational phase GHG emissions.

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Operational Emissions
Operational activities associated with the proposed Project will result in emissions of CO2, CH4, and N2O from the following primary sources:
• Area Source Emissions
• Energy Source Emissions
• Mobile Source Emissions
• Solid Waste
• Water Supply, Treatment and Distribution
Area Source Emissions
Landscape maintenance equipment would generate emissions from fuel combustion and evaporation of unburned fuel. Equipment in this category would include lawnmowers, shedders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the Project. The emissions associated with landscape maintenance equipment were calculated based on assumptions provided in the CalEEMod model.

Energy Source Emissions
Combustion Emissions Associated with Natural Gas and Electricity GHGs are emitted from buildings as a result of activities for which electricity and natural gas are typically used as energy sources.

Combustion of any type of fuel emits CO2 and other GHGs directly into the atmosphere; these emissions are considered direct emissions associated with a building, the building energy use emissions do not include street lighting6. GHGs are also emitted during the generation of electricity from fossil fuels; these emissions are considered to be indirect emissions. Unless otherwise noted, CalEEMod default parameters were used.

Mobile Source Emissions
Project mobile source air quality impacts are dependent on both overall daily vehicle trip generation and the effect of the Project on peak hour traffic volumes and traffic operations in the vicinity of the Project.

The Project related operational air quality impacts derive primarily from vehicle trips generated by the Project. Trip characteristics available from the report, Indian Canyon Drive / I-10 Retail Cultivation Site Traffic Impact Analysis (Urban Crossroads) 2016 were utilized in this analysis.

Solid Waste
Industrial land uses will result in the generation and disposal of solid waste. A large percentage of this waste will be diverted from landfills by a variety of means, such as reducing the amount of waste generated, recycling, and/or composting. The remainder of the waste not diverted will be disposed of at a landfill. GHG emissions from landfills are associated with the anaerobic breakdown of material. GHG emissions associated with the disposal of solid waste associated with the proposed Project were calculated by the CalEEMod™ model using default parameters.

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
Water Supply, Treatment and Distribution
Indirect GHG emissions result from the production of electricity used to convey, treat and distribute water and wastewater. The amount of electricity required to convey, treat and distribute water depends on the volume of water as well as the sources of the water. Unless otherwise noted, CalEEMod™ default parameters were used.

The Urban Crossroads GHG Analysis summarizes the total amount of Project related GHG emissions when accounting for applicable regulatory developments and the existing land use GHG emissions would total 8,704.51 MMTCO2e as shown on Table VII-1. The proposed Project would not exceed the SCAQMD’s interim threshold of 10,000 MTCO2e per year. Therefore, Project GHG emissions would result in a less than significant impact and no further analysis is required.

Table VII-1
Project Related Greenhouse Gas Emissions
Emission Source
Emissions(metric tons per year)
CO2 CH4 N2O Total CO2E
Annual construction-related
emissions amortized over 30 years

72.38 0.003 -- 72.56
Area 0.06 1.64E-4 -- 0.06
Energy 3,257.75 0.13 0.03 3,269.42
Mobile Sources 3,100.18 0.26 0 3,106.69
Waste 216.64 12.80 0 536.72
WaterUsage 1,391.66 10.13 0.25 1,719.04
Total CO2E (All Sources) 8,704.51
Source: CalEEMod™ model output, See Appendix 3.1 of GHG report for detailed model outputs.

Note: Totals obtained from CalEEMod™ and may not total 100% due to rounding.

Table results include scientific notation. e is used to represent times ten raised to the power of (which would be written as x 10 b") and is
followed by the value of the exponent
Mitigation Measures: None
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
Discussion:

California’s Global Warming Solutions Act of 2006 (AB32) requires California to reduce its GHG emissions to 1990 levels by 2020. California Air Resource Board (CARB) has identified measures to achieve this goal as set forth in the CARB Scoping Plan. The SCAQMD adopted the interim GHG significance threshold for stationary/industrial sources on December 5, 2008 which applies to Projects where the SCAQMD is the lead agency. Additionally, the City of Desert Hot Springs has adopted a

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City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
Climate Action Plan (CAP) to help reduce greenhouse gas emissions or support reduction strategies resulting from development.

SB 32 adopted in 2016 requires the state to reduce statewide GHG emissions to 40% below 1990 levels by 2030, a reduction target that was first introduced in Executive Order B-30-15. The project will reduce its GHG emissions to the maximum extent feasible through energy conservation measures and implementation of the current California Green Building Standards Code. The Project will include a variety of building, water, and solid waste efficiencies consistent with 2016 CALGREEN requirements.

The Project is also consistent with the City’s adopted Climate Action Plan (CAP) as illustrated in Table VII-2 which illustrates the Project’s consistency with applicable measures from the City’s CAP.

Table VII-2
Desert Hot Springs CAP Consistency Summary
Sphere
GHG
Sector
Focus Area
Consistency
BUILD-1
Commercial
Buildings
The Project is consistent with this measure. The
Project’s landscaping pallet will be designed to
increase parking lot coverings to reduce the heat
island effect.

BUILD-2
Commercial
Buildings
The Project is consistent with this measure. The
Project will be required to adhere to the incumbent
(2016 or better) Title 24 Energy Efficiency Standards
at the time of building construction. Furthermore, the
Project would be subject to any adopted City
requirements for new building construction.

BUILD-3
Commercial
Buildings
The Project is consistent with this measure. The
Project will encourage the installation of reflective or light colored roofing material to reduce the heat island effect.

BUILD-10 Water
The Project is consistent with this measure. The
Project will promote storm water capture and retention
for exterior landscape use which will reduce the
amount of water required for irrigation.

The project will not interfere with the state’s implementation of AB 32, SB 32 or the City’s Climate Action Plan. As previously indicated, the project would not exceed the 10,000 MTCO2e threshold, therefore the project’s GHG emissions would not conflict with plans and policies adopted for the purpose of reducing GHGs emissions. Less than significant impacts are expected.

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VIII. HAZARDS AND HAZARDOUS MATERIALS --Would the Project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
Discussion:

As previously discussed, the Project proposes a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus. The location of land uses is divided into three (3) Planning Areas (PA). PA-1 will consist of retail commercial buildings totaling approximately 45,000 sf. in building space on approximately 5.1 acres. PA-2 is comprised of the vertical harvest commercial component and affiliated Desert Harvest market, with a reservoir/retention area totaling approximately 161,000 SF in building space on approximately 8.0 acres. PA-3 is proposed for light industrial uses and consists of a marijuana cultivation campus totaling approximately 1,430,000 sf of building space on approximately 49.4 acres. The marijuana campus will consist of seven (7) singlestory greenhouses each with an attached two-story headhouse, and one (1) four-story building used exclusively for processing and extraction. The greenhouse/headhouse building will have an approximate building ground floor area (GFA) of 158,509 square feet (sf) and a total building area of 185,171 sf. The processing/extraction building will have a GFA of approximately 84,624 sf and a total building area of 185,321 sf. The total combined building area for PA3 is 1,481,518 sf. The proposed marijuana campus would be consistent with the local codes regulating light industrial districts and marijuana facilities, all proposed cultivation operations would only be conducted in the interior of enclosed structures, facilities and buildings. All cultivation operations and all marijuana plants at any stage of growth shall not be visible from the exterior of any structure, facility or building containing the cultivation of medical marijuana.

The Project also proposes an interim cultivation facility while the permanent improvements are being designed and constructed. The interim facility is comprised of approximately 82 pre-engineered, retrofitted “Cultivation EcoPod” containers. The EcoPods will be used for cultivation, processing, administration, and storage. The interim facility will be fully secured and screened with a chain link fence to secure views from outside the structure. Interim cultivation will comply with City standards, conditions, and ordinances. All marijuana cultivation will be conducted in the interior of the interim facility and will not be visible from the exterior of the proposed structures as per Section 17.180 (Interior only) of the City of Desert Hot Springs Municipal Code. As a condition of project approval, the interim facility shall be limited to a term not exceed six-months with no more than one six-month extension, subject to the review and approval of the Community Development Director. The interim operations will be discontinued and the EcoPods will be removed upon completion of the permanent facilities.

The nature of this project does not involve the management, routine transport, use or disposal of substantial amounts of hazardous materials as a primary function of operation. It is expected that some storage of hazardous materials would be stored on-site in minor amounts to support on-site operations.

Including organic certified fertilizers and California approved pesticides and fungicides for the cultivation campus and household cleaners for the commercial retails portions. Industry standards would require

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that such materials be properly stored, handled, and applied according to the manufacturer’s instructions, to mitigate the potential for incidental release of hazardous materials or explosive reactions.

The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state and local laws. Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer’s specifications also dictate the proper use, handling, and disposal methods for the specific substances.

Construction of the Project is expected to involve the temporary management and use of potentially hazardous substances and petroleum products. The nature and quantities of these products would be limited to what is necessary for construction. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. When handled properly by trained individuals and consistent with the manufacturer’s instructions and industry standards, the risk involved with handling these materials is considerably reduced.

To prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated through the implementation of control measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the Project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being discharged. Best management practices are necessary for Material Delivery and Storage; Material Use; and Spill Prevention and Control. These measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. For example all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer’s specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts to the public and environment. With such standard measures in place, less than significant impacts are anticipated during construction.

Natural gas service is provided by The Gas Company (TGC). Natural gas may be extended from a high pressure line in Karen Avenue along the alignment of 19 th Avenue, then south to the northwest corner
of the project where it would be available for use on-site. In the case that gas service is not immediately available the Project would install an on-site liquid propane tanks or diesel tanks to power the backup generator. Construction and installation of the liquid propane tanks will conform to the latest edition of the American Society of Mechanical Engineers (ASME) Code for Pressure Vessels (Section VIII Division 1), and the California Code of Regulations Title 8, Chapter 4 (Department of Industrial Relations), Subchapter 1 (Division of Industrial Safety). The proposed tank facilities will also be required to comply with the National Fire Protection Association Fuel Gas Codes and with the local fire protection regulations. These regulations are applicable to all aspects of the facilities, including the tank’s structural integrity, supporting equipment and safety mechanisms. NFPA requires the installation of control safety devices both on containers and in transfer piping to minimize the accidental release of

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either fuel. The transport of liquid propane to the Project site will be regulated under the U.S.

Department of Transportation, which establishes mandatory safety procedures for the transport of these materials.

Less than significant impacts related to the routine transport, use or disposal of hazardous materials are expected.

Mitigation Measures: None
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?
Discussion:

The Desert Harvest Specific Plan designates the project site as Light Industrial (I-L) and General Commercial (C-G). The Project site is separated from residential or other densely populated land uses.

As previously discussed, the Project is not expected to handle any significant quantities of hazardous materials. The management of propane gas or diesel fuel as a utility service will occur in accordance with the National Fire Protection Association, Fuel Gas Codes and with the fire protection regulations.

Any other use of potentially hazardous substances, is expected to occur in small quantities and managed on-site with the proper containment and facilities, as required by the industry standards.

Cultivation activities from PA-3 would involve plant treatment with organic fertilizers, insecticides, acaricides, fungicides, and other crop protection agents. These substances would be stored and applied according to the manufacturer’s instructions to reduce the potential for incidental release or reactions. The application and management methods of fertilizers and crop protection agents would be required to comply with all manufacturer-specific instructions, precautionary requirements, and accidental release measures. In most cases, it would be a violation of Federal law to apply these products in a manner that is inconsistent with the instructions provided in each corresponding product labeling.

The most common restrictions prohibit the products from being applied directly to water or areas where surface waters are present. Cleaning of equipment shall not result in water contamination. The products shall not be applied either in a way that come in contact with workers or other persons, directly or through drift. Only protected handlers may be present in the area during application. The application and management methods are also subject to requirements pertaining to training, decontamination, notification, and emergency assistance. Any wastes resulting from the use of this product may only be disposed in a landfill approved for pesticide or hazardous material disposal, or in accordance with the applicable federal, state or local procedures.

Toxic cleaning compounds, sanitizing agents, solvents, and potentially flammable materials may also be involved within the proposed facilities. The use of these products would also be subject to the manufacturer’s specifications, as well as local, state, and federal regulations that would help protect against accidental release, explosive reactions, injury and contamination.

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The Project operator would be required to provide the proper storage facilities and containers designed to protect and isolate these substances, therefore minimizing the threat to the public or the environment. Facility employees shall be trained on safety rules to prevent personal or public risk. Solid waste produced by the Project will be stored in a designated staging area with enclosures and less than significant impacts are expected.

Mitigation Measures: None
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
Discussion:

The Project site is not located within one-quarter mile of an existing or proposed school. The nearest existing school is Two Bunch Palms Elementary located approximately 3.0 miles northeast of the Project. As previously discussed, the Project site would be developed as a mixed use commercial and industrial project within three Planning Areas. PA-1 will consist of retail commercial, PA-2 is comprised of the vertical harvest commercial component and affiliated Desert Harvest market, with a reservoir/retention area and PA-3 is proposed for light industrial uses and consists of a fenced and secured marijuana cultivation campus. The nature of the Project would not involve the use or handling of hazardous substances in quantities or conditions that would result in the release of hazardous emissions, materials or waste. To further minimize any potential public exposure to accidental risks, proper construction and safety measures will be implemented and temporary impacts during construction will be further mitigated by standard operational procedures and protocols as well as Best Management Practices (BMPs). Less than significant impacts are expected.

Mitigation Measures: None
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?
Discussion:

The project site is not listed as a hazardous material site or as a site with concerns or records. Record searches on the Project property were performed within multiple database platforms compiled pursuant to Government Code 65962.5 and its subsections. The resources consulted included GeoTracker, EnviroStor, and the EPA Enforcement and Compliance History Online (ECHO).

GeoTracker is a database maintained by the State of California Water Resources Control Board that provides online access to environmental data. It serves as the management system for tracking regulatory data on sites that can potentially impact groundwater, particularly those requiring

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groundwater cleanup and permitted facilities, such as operating underground storage tanks and land disposal sites.

EnviroStor is a database maintained by the State of California Department of Toxic Substances Control (DTSC). The EnviroStor database identifies sites with known contamination or sites for which there may be reasons to investigate further. It includes the identification of formerly contaminated properties that have been released for reuse; properties where environmental deed restrictions have been recorded to prevent inappropriate land uses; and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.

Moreover, the ECHO database focuses on inspection, violation, and enforcement data for the Clean Air Act (CAA), Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) and also includes Safe Drinking Water Act (SDWA) and Toxics Release Inventory (TRI) data.

In July 2017, a search was performed on all three database platforms. The search results did not identify any records or sites in connection with the subject property. The EnviroStor database results did not identify any Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, or DTSC Cleanup Sites on or around the subject property.

The GeoTracker and ECHO database search results identified the following sites within a 1,500 foot radius of the Project site.
• 76 Station: 19995 N Indian Canyon Dr., Palm Springs, CA 92258 This property is located approximately 1,132 feet west of the Project. It is registered as a Leaking Underground Storage Tank (LUST) Cleanup Site. The Local Agency Case Number is 200824965. The case was opened in June 2008 and completed in December 2009. There have been no subsequent reported violations according to available data. • Shell: 20000 N Indian Ave, Palm Springs, CA 92258
This property is located approximately 880 feet west of the Project. It is registered as a Leaking Underground Storage Tank (LUST) Cleanup Site. The Local Agency Case Number is 9914939.

The case was opened in February 1999 and completed in October 1999. Another registered LUST Cleanup Site is registered at the same location. The Local Agency Case Number is 200117206, and no subsequent violations have been reported according to available data. This site is also registered under the Resource Conservation and Recovery Act (RCRA) as an active small quantity generator (SQG). The RCRA identification number is CAR000088500 and the Facility Registry Service (FRS) identification number is 110012246532. There are outstanding violations reported and all registered facilities have been in compliance according to available data.

Less than significant impacts related to a hazardous material site are expected.

Mitigation Measures: None

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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
for people residing or working in the
Project area?
Discussion:

The Project is not located near an existing airport or airport land use plan. The Project is located approximately 4.3 miles north of the Palm Springs International Airport. No impacts are anticipated.

Mitigation Measures: None
f) For a Project within the vicinity of a
private airstrip, would the Project result
in a safety hazard for people residing or
working in the Project area?
Discussion:

The Project is not located in the vicinity of a private airstrip and no impacts are anticipated.

Mitigation Measures: None
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
Discussion:

The Emergency Preparedness Element of the City’s General Plan is designed to address concerns regarding the City’s capability to respond to potential natural or man-made disasters. The Element sets forth goals, policies and programs to ensure an effective response. Critical Facilities, Emergency Transportation and Circulation, Emergency Medical Facilities, Emergency Operations Center, Emergency Organization and Chain of Command, and Extended Organizational Structure and Assistance are identified as important components of that strategy.

The City of Desert Hot Springs contracts with Riverside County Fire Department/Cal Fire (RCFD) for a full range of fire protection services provided 24 hours a day 7 days a week. The RCFD is staffed with a combination of County and State of California Department of Forestry & Fire Protection employees.

They operate 96 fire stations that serve 1,360,000 residents over 6,970 miles of Riverside County. The City of Desert Hot Springs has two RCFD fire stations, Battalion 10, Station 36; located at 11535 Karen Avenue is approximately 5.3 miles from the Project site. Battalion 10, Station 37 is the City’s busiest fire station and is located at 65-958 Pierson Blvd, approximately 6.0 miles from the proposed Project. Both stations are staffed by 8.2 full time personal and each shift has 3 professionals consisting of a Fire

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Captain/and or engineer and one or two Firefighter II / licensed paramedic on duty at all times. Each station is also equipped with a Type I, 1500 GPM fire engine.

In addition to the other RCFD facilities located in the Coachella Valley, the department maintains a cooperative mutual aid agreement with other agencies and communities to assist in suppressing fire or controlling emergency incidents. Mutual aid is an agreement among emergency responders to lend assistance across jurisdictions provided resources are available and is not to the detriment of their own service area. Per the City’s General Plan, agreements are in place with Palm Springs and Cathedral City. Both of these cities provide their own fire services and do not contract with RCFD/Cal Fire. As previously discussed, the nature of the proposed Project is not expected to introduce operations that would hinder the City’s ability to implement its emergency response goals, policies or programs.

The site plan configuration of the proposed development includes fire truck accessible drive aisles and a looped driveway to ensure adequate emergency response access on-site. The proposed design would be subject to a standard review process by the Riverside County Fire Department to ensure that the site-specific emergency access, water pressure, and other pertinent criteria are met by the Project.

Less than significant impacts are expected.

Mitigation Measures: None
h) Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
Discussion:

Large areas of Southern California are susceptible to Wildfires all year round due to the region’s weather, topography and vegetation conditions. The Coachella Valley’s hot dry summer and autumn weather is ideal to generate the dry vegetation that fuels most wildfires. The California Board of Forestry (CDF) ranks fire hazard of wildland areas of the State using four main criteria: fuels, weather, assets at risk, and level of service. Although the Project site and its general surroundings are undeveloped with scattered vegetation, these conditions have not been recognized to meet the criteria of high or very high fire hazard zones.

Wildland fire protection in California is the responsibility of either the State, local government, or the federal government. Local responsibility areas include incorporated cities where fire protection is typically provided by City fire departments, fire protection districts, counties, and by CAL Fire under contract to local government. As mentioned previously, the City of Desert Hot Springs contracts with Riverside County Fire Department/Cal Fire (RCFD) for a full range of fire protection services provided 24 hours a day 7 days a week. The responsibility for fire prevention and suppression outside of the City boundaries is under the State and federal agencies.

The Riverside County RCIP and the Cal Fire Maps for Western Riverside County indicate that Project and its surroundings are located outside of the Very High Fire Hazard Severity Zone (FHSZ) for Local Responsibility Area and outside of the Very High/High/Moderate FHSZ for State and Federal

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Responsibility Areas. The Project site is not adjacent to or intermixed with wildlands and the Project will include the on-site fire protection facilities necessary to satisfy the local Fire Department requirements.

Less than significant impacts related to wildland fire are expected.

Mitigation Measures: None
IX. HYDROLOGY AND WATER QUALITY -- Would the Project:
a) Violate any water quality standards or
waste discharge requirements?
Discussion:

The Clean Water Act (CWA) of 1972 establishes regulations pertaining to the discharge of pollutants to waters of the U.S. from point sources. Subsequent amendments to the CWA in 1987 established a framework for regulating non-point source stormwater discharges under the National Pollutant Discharge Elimination System (NPDES). Presently in the State of California, the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs) administer the regulation, protection and administration of water quality pursuant to the NPDES. Their regulations encompass storm water discharges from construction sites, municipal separate storm sewer systems (MS4s), and major industrial facilities. The proposed Project is located within the Whitewater River Watershed in the Colorado River Region (Region 7). The City of Desert Hot Springs is a Permittee of the Whitewater River Watershed MS4. Within Region 7, the approved Water Quality Control Plan, prepared by SWRCB, provides guidelines for protecting the beneficial uses of state waters within the Region by preserving and protecting their quality. Receiving waters in the Coachella Valley relevant to the project include Mission Creek, Whitewater River, and the Coachella Valley Storm Water Channel. The nature and size of the proposed development prompts compliance with the existing regulations pertaining to water quality standards and waste discharge requirements.

The proposed Project involves 64.91 acres. As a result, the developer must comply with the State’s most current Construction General Permit (CGP), Order No. 2009-0009-DWQ, as amended by 2010- 0014-DWQ and 2012-006-DWQ. Compliance with the CGP involves the development and implementation of a project-specific Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the period of construction. The required plan will identify the limits of construction disturbance with locations and types of construction activities requiring best management practices (BMPs) and other necessary compliance measures. A BMP is defined as measure that is implemented to protect water quality and reduce the potential for pollution associated with stormwater runoff. A BMP may involve a program, technology process, siting criteria, operating method, measure, or device that controls, prevents, removes or reduces pollution.

Consistent with Section XIV of the CGP, the SWPPP must specify BMPs relevant to good site housekeeping requirements, proper waste management, proper material handling and storage, and a spill response plan within the allowable construction limits. The SWPPP must address the interim operations and construction leading to the permanent improvements.

Based on the location and setting of this Project, the SWPPP is required to identify temporary sediment track-out prevention BMP devices at each construction entrance/exit point adjacent to a public roadway. This BMP category will provide temporary stabilization to prevent sediment track-out and fugitive dust emissions. Linear sediment barriers will be warranted along portions of or the entire

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construction perimeter to prevent soil erosion, siltation, and other pollution impacts onto adjacent (offsite) areas. Any proposed storm drain inlet that becomes operational during construction will require temporary protection to prevent sediment or pollutants from entering the on-site storm drain system.

Furthermore, all construction activities must be restricted to their designated areas within the limits of disturbance while maintaining compliance with the good site housekeeping requirements for waste management, material handling, and storage. Certain compliance activities conducted under the SWPPP are subject to annual and ad-hoc reporting in order to maintain CGP coverage.

During construction of the interim and permanent facilities, the Project will also be required to comply with South Coast Air Quality Management District’s (SCAQMD) Rule 403 and 403.1, which prompt the obligation to prepare and implement a Fugitive Dust (PM10) Control Plan. Implementation of the Fugitive Dust Control Plan primarily pertains to air quality, but also supports water quality protection through the requirement of soil stabilization measures to prevent sediment erosion and track-out. The concurrent implementation of the required SWPPP and Dust Control Plan plans will prevent the potential construction-related impacts to water quality at the site and its surroundings, therefore resulting in less than significant impacts.

Project implementation involves permanent site improvements that would introduce impervious surfaces in the form of buildings, paving, and hardscape. The industrial/commercial nature of the project requires ample utilization of the entire property to accommodate the proposed facilities and operations (structures, parking lot, drive aisles, etc.). Based on the Preliminary Hydrology Report prepared for this Project, the proposed site plan includes approximately 52.65 acres of proposed structures, driveways, parking and hardscape (impervious areas) and 9.77 acres in the form of landscape, open space, and retention (pervious areas). The project includes an on-site storm drainage system with Low Impact Development (LID) retention basins and underground storage facilities with the combined capacity to collect and percolate the stormwater volume from the worst-case incremental increase in runoff volume between the pre- and post-development condition resulting from the 100-year controlling storm event. Project-wide, the incremental increase of stormwater quantity is approximately 267,757 cubic feet (6.15 acre feet), which serves as the basis for sizing the proposed storm drain system.

Runoff generated within each drainage management area of the Project will be conveyed primarily via surface flows to storm drain inlets with filter inserts. The runoff will subsequently be carried via piped conveyances to a designated surface retention basin or an underground retention system based on the tributary conditions. Both types of retention facilities are designed to infiltrate runoff within a period of 48 to 72 hours. As such, the storm drain system for this project has been designed to prevent a substantial increase in the rate, velocity, or amount of runoff generated in the proposed facilities compared to the existing undeveloped condition. Consistent with Chapter 13.08 (Stormwater Management and Discharge Controls) of the Desert Hot Springs Municipal Code (Ordinance #1997-03) the proposed drainage design would prevent the discharge and transport of potential pollutants associated with the new development into its surroundings. Moreover, the Project proponent will be required to develop and implement a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. The Project-Specific WQMP will identify a strategy of site design, source controls, and treatment controls with a required operation and maintenance program to address post-construction runoff quality and quantity. The site plan, grading design, storm drain design,

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and retention facilities of the Project must be factored in the Project-Specific WQMP development and documentation.

As previously discussed, the proposed Project includes interim (short-term) cultivation activities housed in a configuration of 84 pre-engineered portable container units (Cultivation EcoPods). The proposed EcoPods will be used for interior cultivation, processing, administration, and storage. Based on a proposed interim site plan, a 24-foot wide access drive stabilized with ¾-inch crushed rock will provide access from 20th Avenue to 21 proposed pod clusters within the Project boundary. Each pod cluster is expected to include four EcoPods (1,280 square feet), four parking stalls on a crushed rock surface, temporary power poles, security cameras, and adequate lighting fixtures. Areas surrounding the EcoPods will also be stabilized crushed rock. Access to these private facilities will be regulated at a temporary security office and restroom, which will also be housed in a temporary container. The interim operations will be discontinued upon construction completion of the permanent buildings. Being temporary in nature, the proposed interim operations are not expected to meet the criteria of a priority development project; therefore, a Project-Specific WQMP will not be required solely for the interim component. As such, temporary stormwater management controls will be identified and implemented as a function of the SWPPP. Maintenance of the crushed rock stabilization provided at the temporary drive aisles, parking stalls, and areas surrounding the EcoPods to prevent erosion will be covered in the SWPPP. The quantity of runoff generated at each pod cluster is proportional to the respective amount of impervious coverage. A configuration of 4 pods with a total impervious footprint of 1,280 square feet has the potential to generate 39 cubic feet of runoff resulting from the 85 th percentile storm events. This
runoff will be intercepted, dissipated, and infiltrated at the 5-foot-wide gravel buffers surrounding the pods. As proposed, the stormwater retention and management strategy are expected to comply with local and regional requirements for protecting surface water quality and preventing waste discharge violations. Less than significant impacts are expected.

Mitigation Measures:None
b) Substantially deplete groundwater supplies
or interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the
production rate of pre-existing nearby wells
would drop to a level which would not
support existing land uses or planned uses
for which permits have been granted)?
Discussion:

The Property is underlain by the Garnet Hill Sub-Basin, which constitutes a northwest portion of the greater Coachella Valley Groundwater basin. According to the California Department of Water Resources Groundwater Information Center, one monitored well located within a distance of approximately 2 miles from the Project, had a depth to groundwater of approximately 203 feet in the Spring of 2017. Local groundwater resources are managed under the Missions Springs Water District 2015 Urban Water Management Plan (UWMP). Regionally, groundwater resources are managed by a partnership among MSWD, Coachella Water Authority (CWA), Coachella Valley Water District (CVWD),

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Desert Water Agency (DWA), and Indio Water Authority (IWA) under the Coachella Valley Integrated Regional Water Management (IRWM) program. The UWMP acknowledges that continued artificial groundwater recharge efforts are necessary to eliminate or reduce the groundwater overdraft condition.

MSWD, DWA, and CVWD presently manage the Mission Creek Subbasin resources and its replenishment efforts under the terms of a 2004 settlement agreement. Groundwater management is also guided by the evaluation and water use strategies identified in the UWMP. As required by the policies of the General Plan, the City continues to cooperate with MSWD and other agencies in implementing a groundwater replenishment program capable of ensuring the viability of the Garnet Hill Sub-Basin.

Water use and conservation strategies identified in the UWMP incorporate demographic data and planned land use conditions identified in local plans (e.g. City of Desert Hot Springs General Plan) to forecast the development intensities and other growth factors as they relate to achieving the most efficient use of groundwater resources. The Project site design is not expected to interfere with groundwater recharge conditions, but rather align with the local and regional groundwater recharge strategies by implementing on-site retention, infiltration and low impact development improvements as part of the site design. Project’s stormwater management design includes a system of on-site underground retention structures designed to collect and infiltrate stormwater runoff. The expected combined infiltration capacity of this system will be at least 267,757 cubic feet (6.15 acre feet), which represents the incremental increase volume resulting from the controlling 100-year storm event that will be percolated on-site, contributing to groundwater recharge. This information is provided in the ProjectSpecific Water Quality Management Plan (WQMP), which is required to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit and is subject to review and approval by the City prior to issuance of a grading permit. Moreover, the proposed development will be expected to implement water conservation measures to reduce impacts to public water supplies. These measures must include low-flow plumbing fixtures, drought-tolerant (native) outdoor landscaping, and water-efficient irrigation systems. Additional domestic water improvements necessary to serve this development will be identified by MSWD and included as conditions of approval by the City of Desert Hot Springs during the City’s standard review process. Less than significant impacts are expected.

Mitigation Measures: None
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or
off-site?
Discussion:

The proposed development is located in a light industrial land use sector, which by designation under the Desert Hot Springs General Plan, is planned to support business parks and the development of industrial uses. Existing and prior establishments in this zoning designation include automotive repair shops, storage warehouses, light manufacturing, and other light industrial facilities at various scales.

This zoning district includes undeveloped properties with relatively flat topography and scattered vegetation, similar to the Project site. The undeveloped areas typically lack adequate storm drain

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conveyance facilities, such as curb-and-gutter improvements, catch basins, and pipes. The local hydromorphology is influenced by the presence of intermittent surface drainages originating from the Little San Bernardino and San Gorgonio Mountains and carrying flows predominantly in a southeastern direction toward the valley floor. In particular, the Project is located approximately 3,500 feet west of Mission Creek, which is protected by the Willow Hole Conservation Area of the CVMSHCP.

In this context, the Project property and its immediate surroundings have a FEMA Zone X (Shaded) designation, which applies to areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Insurance purchase is not required in these zones. Project implementation would involve permanent site improvements introducing impervious surfaces in the form of buildings, paving, and hardscape to the previously undeveloped (pervious) land. The light industrial nature of the Project requires ample utilization of the entire property to accommodate the proposed facilities and operations (buildings, parking lot, drive aisles, etc.). As a result, opportunities to minimize imperviousness through the use of landscaping, natural areas or other pervious surfaces are restricted throughout the Project site plan. To prevent changes to local drainage conditions (patterns, quantities, or velocities) and adverse erosion and sedimentation impacts, the Project will implement a storm drain design with flood control facilities sized to handle the Project-specific conditions.

The Preliminary Hydrology Report prepared for this Project indicates that runoff from each on-site drainage area will be conveyed via surface flows to a designated surface retention basin or an underground retention structure sized to retain and infiltrate the largest increase in runoff volume between the pre- and post-construction condition caused by the controlling storm event. The drainage management areas cover the entire proposed development. Only runoff in excess of the storm drain system capacity would be conveyed off-site in a pattern that does not cause erosion or siltation conditions. The Project’s northern and western boundaries will be improved with earthen slopes no steeper than 3:1 from the adjoining land to the curbs and paved surfaces. These slopes will be planted with native and/or drought-tolerant vegetation to increase stability and minimize erosion. The proposed development also includes street frontage improvements with proposed curb-and-gutter facilities, which will help address the existing unimproved condition.

The proposed improvement plans will be subject to agency review and approval and ensure that the proposed grading and drainage conditions are acceptable to the City standards. As a result, following implementation of an approved grading plan, the Project is not anticipated to alter any local drainage course, stream or wash in a manner that would result in erosion or siltation on- or off-site. The interim facilities will occupy a 2.95-acre portion of the Project property, twenty-one percent (.63 acres) of which will consist of impervious cover and seventy-nine percent (2.32 acres) will remain pervious and stabilized. The proposed temporary drive aisles, parking stalls, and portable pod buffers will be stabilized with gravel to prevent runoff erosion impacts from the impervious EcoPod footprints. Any additional flood control protection for necessary these short-term facilities will be subject to review and additional conditions imposed by the City of Desert Hot Springs, as deemed applicable.

Less than significant impacts are expected related to the existing drainage patterns and erosion or siltation conditions.

Mitigation Measures: None

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d) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of
a stream or river, or substantially increase
the rate or amount of surface runoff in a
manner which would result in flooding onor off-site?
Discussion:

The undeveloped ground conditions throughout the Project property are predominantly flat with a gradual slope from north to south. The land supports scattered vegetation coverage associated with the Sonoran creosote bush scrub community. The property lacks any defined natural drainage pattern attributed to a river or stream. The proposed Project would introduce impervious surfaces (hardscape, asphalt, rooftops, etc.) to a presently undeveloped (pervious) ground condition. In particular, it is expected that approximately 85 percent of the post-development project condition will consist of impervious coverage. If uncontrolled, this conversion would typically result in a site-specific increase in the rate and amount of surface runoff. To manage this on-site condition as part of the site planning and engineering design, the Project includes a proposed storm drainage design (subject to approval by the City Engineer) with surface and piped conveyances draining into a system of surface retention basins and underground retention structures. Both types of facilities have been designed and sized according to the tributary conditions. Collectively, the proposed retention system will have the capacity to accept and infiltrate the worst-case increase in runoff volume between the pre- and post-development condition resulting from the controlling storm event, an amount that is approximately 267,575 cubic feet.

Based on these conditions, the project is not expected to alter any existing drainage pattern attributed to a stream or river, nor is the project expected to result in an increase in the rate or quantity of surface runoff in a manner which would result in flooding on- or off-site. As previously mentioned, an area equivalent to approximately 4 percent of the Project property will be utilized for interim activities housed in portable containers. The access drive aisles, parking stalls, and areas surrounding the pods will be stabilized with crushed rock to provide sufficient stability to prevent erosion without having fully impervious characteristics. Less than significant impacts are expected.

Mitigation Measures: None
e) 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?
Discussion:

The undeveloped Project property does not contain any stormwater drainage facilities, but is located within the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4), of which, the City of Desert Hot Springs is a permittee. Based on the local natural topography, runoff from the developed and undeveloped portions of the property would have the propensity to sheet-flow toward

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the south and southeast, before reaching off-site conveyances and drainage channels tributary to Mission Creek, located approximately 3,500 feet to the east.

The proposed development involves a stormwater drainage system incorporated into the site plan and grading design allowing on-site runoff to drain into proposed retention facilities while properly intercepting and routing off-site street frontage flows to their respective street conveyances. These controlled conditions are demonstrated in the Preliminary Water Quality Management Plan (WQMP) and Preliminary Hydrology Report prepared for this project. The grading design and improvement plans, which are subject to City review and approval, would ensure the Project’s post development runoff flow rates, volumes, velocities, and durations do not exceed the pre-development condition and therefore would not result in impacts to the existing receiving drainages. Less than significant impacts relative to runoff water are expected.

Mitigation Measures: None
f) Otherwise substantially degrade water
quality?
Discussion:

As a standard condition, the Project proponent is required to develop and implement a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. The proposed on-site storm drainage system includes multiple underground retention/infiltration chambers sized to collect and percolate the worst-case incremental increase in stormwater volume resulting from the 100-year controlling storm event. As a result, the Project design would prevent any substantial increase in the rate, velocity, or quantity of runoff generated in the proposed facility compared to the existing undeveloped condition. Runoff that exceeds the worst-case increase will be allowed to leave the site at properly situated outlets, similar to the historic drainage condition. In accordance with Chapter 13.08 (Stormwater Management and Discharge Controls) of the Desert Hot Springs Municipal Code (Ordinance #1997-03) the proposed drainage design would prevent the discharge and transport of potential pollutants associated with the new development into its surroundings.

Based on the Preliminary Hydrology Report, the proposed site plan includes approximately 52.65 acres of proposed structures, driveways, parking and hardscape (impervious areas) and 9.77 acres in the form of landscape, open space, and retention (pervious areas). Runoff from the impervious cover will be conveyed to a corresponding retention facility. Retention is one of the compliance methods identified in the Whitewater River Watershed MS4 Permit for preventing runoff. Through this required compliance, the Project will prevent impacts to the local receiving waters and avoid violations to the established water quality standards and waste discharge requirements. As a standard condition for new development Projects, the WQMP must be submitted and approved prior to the first discretionary Project approval or permit. The WQMP will identify the required maintenance practices necessary to ensure that the water quality facilities remain effective during the life of the Project. Short-term runoff controls for the interim cultivation and processing activities will be a function of the SWPPP, which must be developed and implemented until the permanent facilities are fully constructed.

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Less than significant impacts relative to the substantial degradation of water quality are expected.

Mitigation Measures: None
g) Place housing within a 100-year flood
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
Discussion:

The Federal Emergency Management Agency (FEMA) evaluates potential flood hazards for the City.

The FEMA Flood Insurance Rate Maps (FIRMs) serve as the basis for identifying those potential hazards and determining the need for and availability of federal flood insurance. According to FIRM panel 06065C0885G, effective August 28, 2008, the entire Project and its immediate surroundings are located within Zone X (Shaded), which applies to areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Flood insurance purchase is not required in these zones. The project does not include housing. The proposed improvement plans will be subject to agency review and approval ensure that the proposed grading and drainage conditions are acceptable to the City standards. No impacts relative to placing housing in a 100-year flood hazard area are expected.

Mitigation Measures: None
h) Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows?
Discussion:

The undeveloped Project site does not exhibit any on-site natural drainage courses subject to permitting or special hydrologic considerations pursuant to the published FIRMs and other authoritative maps, such as the United States Geological Survey (USGS) Topographic Map of Desert Hot Springs, CA and the digital USGS National Hydrography Dataset (NHD). As such, the proposed flood control improvements focus on handling the runoff volumes resulting from the controlling 100-year event. For that purpose, stormwater runoff generated by the Project would be managed by a storm drainage system with the capacity to retain the incremental increase in runoff volume between the pre- and postconstruction conditions resulting from the 100-year controlling storm event.

The proposed grading plan will be designed to prevent excessive diversion or ponding conditions.

Runoff and flood volumes that exceed the storm drain system capacity will be allowed to overflow at locations that maintain the historic drainage conditions. Any necessary flood control protection for the interim facilities and operations will be subject to review and additional conditions imposed by the City of Desert Hot Springs, as necessary. The short-term protection of interim facilities will be a function of the SWPPP. The proposed improvement plans, subject to agency review and approval, will ensure that

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the proposed grading and drainage conditions are acceptable to the City standards. Less than significant impacts are expected.

Mitigation Measures: None
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of
a levy or dam?
Discussion:

The project is not located near an existing levee or dam; therefore, no impacts are expected pertaining to this topic. The project is expected to provide the appropriate site improvements to protect the proposed structure without increasing the risk of flooding. Less than significant impacts are expected relative to substantial erosion or siltation on or offsite.

Mitigation Measures: None
j) Inundation by seiche, tsunami or mudflow?
Discussion:

The Project site is not located near a body of water that would pose potential seiche or tsunami impacts. The Project site is underlain by Hydrologic Soil Type “A”, which is characterized for having a high infiltration rate (low runoff potential) when thoroughly wet. Type “A” soils consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Combined with the relatively shallow gradients that characterize the vicinity, the erosive nature and mudflow potential is reduced. The proposed site plan includes retention facilities sized to contain the worst-case scenario runoff volume difference between pre- and post-development conditions. Only flows in excess of the Project’s retention requirements would be allowed to exit the Project area, therefore, less than significant impacts are expected.

Mitigation Measures: None
X. LAND USE AND PLANNING - Would the Project:
a) Physically divide an established
community?
Discussion:

The project site sits on approximately 64.91 acres of vacant land on the north side of 20 th Avenue and
east of Indian Canyon Drive. It is surrounded on the north and east by undeveloped vacant land, commercial uses to the west and commercial and Interstate 10 to the north. The Project is proposing a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus, divided into three (3) Planning Areas (PA). PA-1 will consist of retail commercial buildings on approximately 5.1 acres. PA-2 is comprised of the vertical harvest commercial component and affiliated Desert Harvest market, with a reservoir/retention area on approximately 8.0 acres. PA-3 is proposed for light industrial uses and consists of a marijuana cultivation campus on approximately 49.4

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acres. The marijuana campus will consist of seven (7) single-story greenhouses each with an attached two-story headhouse, and one (1) four-story building used exclusively for processing and extraction.

The proposed marijuana campus would be consistent with the local codes regulating light industrial districts and marijuana facilities, all proposed cultivation operations would only be conducted in the interior of enclosed structures, facilities and buildings. All cultivation operations and all marijuana plants at any stage of growth shall not be visible from the exterior of any structure, facility or building containing the cultivation of medical marijuana.

The current General Plan Land Use and Zoning designates the site as Light Industrial (I-L), which allows for a broad range of industrial and commercial uses. The Desert Harvest Specific Plan would allow light industrial and commercial uses that are consistent with the current I-L land use and zoning designation. The project would be consistent with the surrounding land uses and development would not disrupt or divide the physical arrangement of an established community. No impacts are anticipated.

Mitigation Measures: None
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the Project (including, but
not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
Discussion:

The applicant is proposing to develop approximately 64.91 acres of a single parcel into a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus. The City’s Land Use and Zoning map designates the property as Light Industrial (I-L). This use allows for a broad range of light industrial and commercial uses. The project is proposing a General Plan Amendment and Change of Zone from Light Industrial to a combination of General Commercial/Specific Plan (C-G/SP) and Light Industrial/Specific Plan (I-L/SP). A Specific Plan is being

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prepared to provide a comprehensive development plan, allowable uses, and development standards for the property.

A Conditional Use Permit (CUP), Regulatory Permit (RP), and Development Agreement (DA), for the development and operation of the proposed cultivation campus will also be filed with the City in compliance with Sections 5.50 and 17.180 of the City’s Municipal Code. In addition, all medical marijuana cultivation operations and any related activities, such as transportation, manufacturing, and testing, would be subject to existing and proposed State laws including the Compassionate Use Act of 1996 (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Growth for Medical Use (issued in August, 2008), and any future state laws that may be adopted, such as State Assembly Bill 266 (AB 266) and the Medicinal and Adult-Use Cannabis Regulation Safety Act (SB 94).

Project entitlements also include a Tentative Tract Map for Condominium Purposes (TTM). The TTM would subdivide the property into three parcels that conform to the proposed Planning Area.

The proposed project would be consistent with the surrounding uses and the Project’s physical characteristics and internal operations will not conflict with the City’s land use, zoning or other regulatory policies. Site design features will be reviewed and approved by the City relative to compliance with the City’s General Plan and Zoning. Less than significant impacts are expected.

Mitigation Measures: None
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
Discussion:

The proposed Project is not located within a Conservation Area as designated by the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP). Additionally, the site is not located immediately adjacent to a Conservation Area of the plan and is therefore, not subject to Plan requirements regarding lands adjoining Conservation Areas. Moreover, the Project specific Biological Assessment findings conclude that there are no protected biological resources on the property as recognized by the CVMSHCP.As a standard condition, all new development will pay the most current mitigation fees for the implementation of the CVMSHCP and support the acquisition of conservation lands. Therefore, the project will not conflict with any applicable habitat conservation plan and less than significant impacts are expected.

Mitigation Measures: None
XI. MINERAL RESOURCES -- Would the Project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
Discussion:

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In accordance with the Surface Mining and Reclamation Act of 1975 (SMARA), mineral land classification maps and reports have been developed to assist in the protection and development of mineral resources.

Local agencies, including the City of Desert Hot Springs, utilize the existing information on mineral classifications for land use plan development and decision-making. In the City of Desert Hot Springs General Plan Mineral Resource Element, and the SMARA map of Desert Hot Springs, the Project and its surroundings are located within Mineral Resource Zone 3 (MRZ-3), which applies to areas where the significance of mineral deposits cannot be evaluated from the available data. There are no specific known mineral resource deposits or facilities on or near the Project.

The nature of the Project does not involve the extraction of mineral deposits. Construction of the proposed cultivation facility would rely on existing local and regional aggregate resources from permitted facilities. The Project is not expected to result in a considerable extraction and/or loss of known mineral resources that are considered important to the Coachella Valley Region or residents of California. Less than significant impacts are expected related to the loss of availability of known mineral resources.

Mitigation Measures: None
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
Discussion:

Mineral resources that are known to exist in the Coachella Valley region primarily consist of sand and gravel (aggregate) typically deposited along and near local drainages. Aggregate material is deemed necessary to the local building industry as a component of asphalt, concrete, road base, stucco and plaster. Local or regional construction industries tend to be dependent on readily available aggregate deposits within reasonable distance to the market region. The Project site is not recognized as a mineral resource recovery site delineated in the County of Riverside General Plan, City of Desert Hot Springs General Plan or the resource maps prepared pursuant to SMARA. Less than significant impacts are expected.

XII. NOISE -- Would the Project result in:
a) Exposure of persons to or generation
of noise levels in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
Discussion:

Noise is defined as unwanted sound that disrupts normal activities or that diminishes the quality of the environment. It is usually caused by human activity that adds to the existing acoustic setting of a locale.

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Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). The human ear does not respond uniformly to sounds at all frequencies, being less sensitive to low and high frequencies than to medium frequencies that correspond with human speech. In response to this, the A-weighted noise level or scale has been developed to correspond better with peoples’ subjective judgment of sound levels. This A-weighted sound level is called the “noise level” referenced in units of dB(A).

The City of Desert Hot Springs has the authority to establish land use noise standards and corresponding restrictions under the City’s Noise Ordinance. A range of noise standards apply to different receiving land uses based on sensitivity and compatibility. In general, land uses with a higher sensitivity to noise (residential, schools, libraries, churches, hospitals, nursing homes and recreation) are assigned lower ambient noise thresholds than land uses deemed less sensitive (industrial and commercial). The Desert Harvest project proposes to develop 64.91 acres of vacant land into a high quality, mixed-use commercial and industrial facility. The proposed Specific Plan will designate two commercial planning areas along Interstate-10 Freeway and 20th Avenue corridor connected by an open space/retention area containing citrus orchards and date groves. The rear of the site would be occupied by an industrial planning area containing a fenced, secured marijuana cultivation campus.

In reference to Table V-2 of the Noise Element, the Project’s planning areas fit two categories:

Industrial and Commercial. For industrial uses, the normally acceptable noise exposure ranges from 50 to 75 CNEL. The generally unacceptable noise levels range from 70 and 80 CNEL, while construction and development is discouraged where noise levels exceed 75 CNEL. For commercial land uses, the normally acceptable noise exposure ranges from 50 to 65 CNEL. The conditionally acceptable noise levels range from 60 to 70. The generally unacceptable noise levels range from 70 and 80 CNEL, while construction and development is discouraged where noise levels exceed 75 CNEL.

As discussed previously, the Project property forms part of an undeveloped portion of the light industrial district in the City of Desert Hot Springs. This section of the City has been designated in the City’s General Plan to support business parks and light industrial uses. The proposed Desert Harvest Specific Plan will include cultivation and commercial planning areas as part of a unified development. The Noise Element of the City’s General Plan identifies vehicular traffic as the principal source of noise in the community. To understand and evaluate the impacts of land use patterns, traffic and individual developments on the noise environment, a variety of data has been collected and future buildout impacts have been modeled, as part of the General Plan preparation. Computer models and simulations were used to calculate the transportation noise environment along major roadways based upon the operating characteristics and traffic volumes. Table V-5 of the Noise Element identifies the projected noise contours along major roadways at General Plan Buildout, but does not cover the project vicinity.

For reference purposes, the National Transportation Noise Map is being utilized to assess the existing noise exposure levels at the site. This mapping resource has been developed by the U.S. Department of Transportation (DOT) to identify transportation-related noise throughout the United States. The national transportation noise inventory is developed using a 24-hr equivalent sound level (LEQ, denoted by LAeq) noise metric. The results are A-weighted noise levels that represent the approximate average noise energy due to transportation noise sources over the 24 hour period at the defined receptors. In the Project vicinity, the most relevant transportation-related noise can be attributed to Indian Canyon Drive to the west and 20th Avenue and Interstate 10 Freeway to the south.

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Based on this source, highest noise levels that can be detected at the first 135 feet along the southerly property boundary (20th Avenue frontage) are between 56 and 61 dBA. Noise levels decrease to 51 dBA at 220 feet and to 41 dBA at 430 feet from the southerly boundary. For reference, U.S. DOT indicates that noise levels between 50 and 59 dBA are comparable to a quiet office setting, while noise levels between 60 and 69 dBA are comparable to converstional speech. As such, traffic noise local roadways, including 20th Avenue, Interstate 10, and Indian Canyon Drive are not deemed to represent an existing source of substantial noise levels, such that would be deemed incompatible with the established thresholds in the City’s General Plan.

The construction activities of the Project are expected to generate short-term noise increases compared to the existing levels. A temporary incremental increase in noise levels along local roadways is expected to occur during the transport of workers and equipment to and from the site. Noise increases will also be generated by the actual on-site construction activities. As a standard requirement, the Project is expected to abide by the Municipal Code regulations on construction hours, which limit activities to the less sensitive times of the day. Construction activities are only permitted between 7:00 a.m. and 5:00 p.m. Monday through Saturday. During daylight savings time, construction is permitted between 6:00 a.m. and 6:00 p.m. Monday through Saturday. Construction is not permitted on Sundays. During construction, the Project is also expected to follow common industry standards that will help limit noise level increases. For example, all construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers and the engines should be equipped with shrouds. Approved haul routes shall be used to minimize exposure of sensitive receptors to potential adverse levels from hauling operations. All construction equipment shall be in proper working order and maintained to reduce backfires.

Operation of the Project, including its contribution of ADT by employees and other activities to the local road system, will result in incremental increases to traffic-related noise. During the life of the Project, all interim and permanent operations shall be conducted in the interior of enclosed structures, facilities, and buildings, as mandated by the local zoning ordinance. All cultivation operations, including materials management, will occur indoors and within the fenced limits. Outdoor activities associated with the commercial component of the Project are expected to be limited. These include vehicular access and circulation in the Project’s parking lot and drive aisles; access to the trash enclosures for waste management (disposal and pick-up); access to the outdoor utilities for maintenance purposes (e.g. chillers, septic or sewer systems, storm drain system components). While the Project would result in an increase in noise levels compared to the existing undeveloped condition, the nature and intensity of operations that would occur in the proposed structures are not expected to result in the generation of noise levels that would surpass the community noise and land use compatibility standards. Less than significant impacts are expected.

Mitigation Measures: None
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
Discussion:

Groundborne vibration also referred to as earthborne vibration, can be described as perceptible rumbling, movement, shaking or rattling of structures and items within a structure. Groundborne

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vibration can generate a heightened disturbance in residential areas. These vibrations can disturb residential structures and household items while creating difficulty for residential activities such as reading or other tasks. Although groundborne vibration is sometimes perceptible in an outdoor environment, it is not a problem as it is when this form of disturbance is experienced inside a building.

Groundborne vibration can be measured in terms of amplitude and frequency or vibration decibels (VdB). Trains, buses, large trucks and construction activities that include pile driving, blasting, earth moving and heavy vehicle operation commonly cause these vibrations. Other factors that influence the disturbance of groundborne vibration include distance to source, foundation materials, soil and surface types.

The vacant Project property is surrounded by a combination of vacant and developed land, including relatively close proximity to the Interstate 10 Freeway. The Project is not located near any existing residential uses or sensitive noise receptors. In the local vicinity, an existing source of groundborne vibration can be attributed to the circulation of large vehicles and trucks along 20 th Avenue and
Interstate 10 Freeway to the south, and Indian Canyon Drive to the west. When referenced against the U.S. Department of Transportation, National Transportation Noise Map, the existing noise levels experienced at the Project property do not reach the threshold of being incompatible with the proposed light industrial and commercial uses.

Construction of the Project is expected to involve the temporary use of vehicles and equipment that would result in short-term groundborne vibration increases within the permitted construction hours established by the City. The short-term delivery of materials and equipment to the construction site by trucks would incur temporary increase in groundborne vibration on local streets. Operation of construction equipment would be strictly limited to the fenced limits of construction. During the life of the Project, all routine Project operations will occur within the proposed structure and during the permitted hours, as mandated by the local ordinance and conditioned by the City. The routine operation of vehicles accessing the Project would cause an incremental increase in groundborne vibration, but not in levels that would be deemed inconsistent with the existing industrial setting or substantial in nature.

Less than significant impacts related to excessive groundborne vibration noise levels are expected.

Mitigation Measures: None
c) A substantial permanent increase in
ambient noise levels in the Project vicinity
above levels existing without the Project?
Discussion:

As discussed previously, the vacant Project property is surrounded by a combination of vacant and developed land, including relatively close proximity to the Interstate 10 Freeway. Existing ambient noise levels detected on-site are largely attributed to off-site traffic. Based on the U.S. Department of Transportation, National Transportation Noise Map, these levels range from 35 dBA to 61 dBA. Noise resulting from the Project operations is anticipated to be largely contained in the proposed structures or facilities, while noise increases resulting from project-related traffic is not expected to impact any sensitive noise receptor uses, as none are located near the Project. Less than significant impacts related to permanent increase in ambient noise levels are expected.

Mitigation Measures: None

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d) A substantial temporary or periodic
increase in ambient noise levels in the
Project vicinity above levels existing
without the Project?
Discussion:

As discussed previously, the proposed cultivation site will produce a temporary increase in ambient noise levels during construction. During Project site preparation, grading and construction, the contractors will be expected to utilize properly maintained construction equipment consistent with the manufacturer’s standards. Construction activities are required to take place within the designated hours established by the City of Desert Hot Springs. Less than significant impacts related to temporary or periodic ambient noise levels are expected.

Mitigation Measures: None
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 expose
people residing or working in the Project
area to excessive noise levels?
Discussion:

The Project is located approximately 4.3 miles north of the Palm Springs International Airport and is not located within its airport land use plan. No impacts are expected to result related to Projects located within an airport land use plan.

Mitigation Measures: None
f) For a Project within the vicinity of a
private airstrip, would the Project expose
people residing or working in the Project
area to excessive noise levels?
Discussion:

The Project is not located within the vicinity of a private airstrip. No impacts are expected to result the Project located in the vicinity of a private airstrip and no mitigation measures are required.

Mitigation Measures: None

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XIII. POPULATION AND HOUSING – Would the Project:
a) Induce substantial population growth in
an area, either directly (for example, by
proposing new homes and businesses)
or indirectly (for example, through extension
of roads or other infrastructure)?
Discussion:

The Project proposes a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus developed in four Phases and three Planning Areas on 64.91 acres. No residential uses are proposed as part of the project. Approval and development of the Desert Harvest project is not expected to significantly increase population growth in the area because the proposed project would be consistent with the underlying land use and zoning designations of Light Industrial (I-L). A General Plan Amendment and Change of Zone request will amend the land use and zoning from Light Industrial to a combination of General Commercial/Specific Plan and Light Industrial/Specific Plan. This will allow for a combination of commercial and light industrial uses in conformance with the General Plan.

Per the Southern California Association of Governments (SCAG) May 2017 local profile of the City of Desert Hot Springs, the total jobs numbered in the City is 5,066 which is an increase of 44.4 percent from the 3,508 jobs in 2007. The proposed Desert Harvest development anticipates up to 520 employees. Employment is anticipated to be filled with local residents or regional commuters and potential employees are not anticipated to relocate for the type of commercial and light industrial opportunities provided by the project.

The City’s 2000 General Plan under the Land Use Element, projects the City could add an additional 178,058 people to the City’s population at the buildout scenario. The SCAG 2017 local profile report for the City of Desert Hot Springs shows the City has seen a steady increase in the population and has a current population of 29,048 people, which is still below the City’s projected population and growth buildout scenario.

The project has vehicular access to the Interstate10 Freeway via Indian Canyon Drive and 20 th Avenue
and indirect growth from extension of roads and infrastructure is not anticipated. The project will be served by existing roads and infrastructure with minor proposed upgrades and connections.

Therefore, the project is not anticipated to induce substantial population growth for either directly or indirectly and less than significant impacts are expected.

Mitigation Measures: None
b) Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
Discussion:

The project is a mixed use retail commercial and light industrial project and is currently vacant land designated by the City General Plan and zoning for light industrial activity and would not displace any

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existing housing or require replacement housing. No impacts are anticipated.

Mitigation Measures: None
c) Displace substantial numbers of people,
necessitating the construction of
replacement housing elsewhere?
Discussion:

As mentioned above, the site has a light industrial land use and zoning designation and is currently undeveloped, vacant desert land. The Project does not propose any residential uses that would necessitate the construction of replacement housing. No impacts are expected.

Mitigation Measures: None
XIV. PUBLIC SERVICES
a) Would the Project 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:

Fire protection?
Discussion:

In addition to the other RCFD located in the Coachella Valley, the department maintains a cooperative mutual aid agreement with other agencies and communities to assist in suppressing fire or controlling emergency incidents. Mutual aid is an agreement among emergency responders to lend assistance across jurisdictions provided resources are available and is not to the detriment of their own service area. Per the City’s General Plan, agreements are in place with both Palm Springs and Cathedral City.

These cities provide their own fire services and do not contract with RCFD/Cal Fire.

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The Project proposes a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus developed in four Phases and three Planning Areas on 64.91 acres. An interim cultivation facility is also being proposed while the design and construction of the permanent medical marijuana cultivation campus is being completed. The interim facility is comprised of approximately 84 pre-engineered, retrofitted “Cultivation EcoPod” containers. The EcoPods will be used for cultivation, processing, administration, and storage. The interim facility will be fully secured and screened with a chain link fence to secure views from outside the structure. Interim cultivation will comply with City standards, conditions, and ordinances. A temporary parking lot with four stalls and access from 20
th Avenue will be stabilized with class II crushed rock. Access to the interim facility will be gate controlled with full time security personnel and temporary security lighting and cameras. The interim facilities would be installed within the 64.91 acre development footprint and would not extend beyond the property boundaries. As a condition of project approval, the interim facility shall be limited to a term not exceed six-months with no more than one six-month extension, subject to the review and approval of the Community Development Director. The interim operations will be discontinued and the EcoPods will be removed upon completion of the permanent cultivation campus.

The project will add a new commercial/light industrial land use which would add to the demand on fire services. However, the Project would be required to implement all applicable and current California Fire Code Standards. This would include installation of fire hydrants as well as sprinkler systems inside all buildings. Furthermore, the Project will be reviewed by City and Fire officials to ensure adequate fire service and safety as a result of Project implementation. The Project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including fire, therefore, less than significant impacts are expected.

Mitigation Measures: None
Police protection?
Discussion:

Police services are provided to the Project area by the Desert Hot Springs Police Department. The police department operates out of a single location and is located at 65-950 Pierson Blvd, approximately 6.0 miles from the Project site. Per communication with City of DHS police department, the DHSPD has 27 sworn officers and 6 support staff, totaling 33 positions. Based on the 2013 City population of 27,903 persons, the resulting officer to resident ratio is 0.96 per 1,000 population.

The Project proposes a mixed-use development containing retail commercial, vertical harvest commercial, and a marijuana cultivation campus developed in four Phases and three Planning Areas on 64.91 acres. All of the cultivation development in Planning Area 3 will be secured with 8’ tubular steel fencing and a security manned guard house. Security cameras will be mounted on all exterior doors, perimeter fencing and entry gates. A more detailed, comprehensive security plan is required by the City during the regulatory permit phase. This will include specific locations and areas of coverage by security cameras; location of audible interior and exterior alarms; location of exterior lighting; name and contact information of Security Company monitoring the site and any additional information required by the City.

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An interim cultivation facility is also being proposed while the design and construction of the permanent medical marijuana cultivation campus is being completed. The interim facility is comprised of approximately 84 pre-engineered, retrofitted “Cultivation EcoPod” containers. The EcoPods will be used for cultivation, processing, administration, and storage. The interim facility will be fully secured and screened with a chain link fence to secure views from outside the structure. Interim cultivation will comply with City standards, conditions, and ordinances. A temporary parking lot with four stalls and access from 20th Avenue will be stabilized with class II crushed rock. Access to the interim facility will be gate controlled with full time security personnel and temporary security lighting and cameras. The interim facilities would be installed within the 64.91 acre development footprint and would not extend beyond the property boundaries. As a condition of project approval, the interim facility shall be limited to a term not exceed six-months with no more than one six-month extension, subject to the review and approval of the Community Development Director. The interim operations will be discontinued and the EcoPods will be removed upon completion of the permanent cultivation campus.

Although the Project may require additional demand for police services, the demand is not expected to hinder the City’s ability to provide police protection services and adequate response times would be met. Furthermore, the Project will be reviewed by City and Police officials to ensure adequate fire service and safety as a result of Project implementation. The Project will also be required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including police, therefore, less than significant impacts are expected.

Mitigation Measures: None
Schools?
Discussion:

The proposed Project falls under the Palm Springs Unified School District (PSUSD). Development of the Project would not create a direct demand for school service. The Project is proposing a mixed use commercial and light industrial development on 64.91 acres. Employment generated by the Project would not be expected to draw a substantial number of new residents that would generate school age children requiring public education or substantially alter school facilities or the demand for public education and no new facilities would need to be constructed. Additionally, any future development will be required to pay PSUSD, developer impact fees to assist in offsetting impacts to school facilities. At the time of writing, current development fees are $3.48 a square foot for residential and $.56 a square foot for commercial projects. Less than significant impacts to school services are expected.

Mitigation Measures: None
Parks?
Discussion:

As discussed below in Section XV(a) and XV(b), the proposed Project would not create additional demand for public park facilities, nor result in the need to modify existing or construct new park facilities. No impacts are expected to parks.

Mitigation Measures: None

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Other public facilities?
Discussion:

No increase in demand for government services and other public facilities is expected beyond those discussed in this section. No impacts to other public facilities are expected.

Mitigation Measures: None
XV. RECREATION
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?
Discussion:

As previously discussed the Project proposes to construct a mixed-use commercial and light industrial development on approximately 64.91 acres of vacant land. In general, residential development directly generates demand for recreation and park facilities. As discussed throughout this document, the Project does not propose residential development. The type or employment offered from the construction and operation of the Project would not cause a substantial number of people to relocate to the Project area. The project could potentially have up to 520 employees, however it is not expected that they would use local park and recreation facilities to the extent that would cause the substantial deterioration of any of the City’s existing neighborhood community, regional or pocket parks. Therefore, no impacts are expected relative to use or deterioration of existing parks.

Mitigation Measures: None
b) Does the Project include recreational
facilities or require the construction
or expansion of recreational facilities
which might have an adverse physical
effect on the environment?
Discussion:

The construction of the Desert Harvest mixed use commercial and light industrial project will not involve a recreational facility. No construction or expansion of other recreational facilities is required for Project implementation and no impacts are anticipated.

Mitigation Measures: None

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XVI. TRANSPORTATION/TRAFFIC -- Would the Project:
a) Conflict with an applicable plan, ordinance
or Policy establishing measures of effectiveness
for the performance of the circulation system,
taking into account all modes of transportation
including mass transit and non-motorized travel
and relevant components of the circulation system,
including but not limited to intersections, streets,
highways and freeways, pedestrian and bicycle
paths, and mass transit?
Discussion:

The Project proposes to construct a mixed use development on approximately 65 acres that includes retail uses, medical marijuana facilities and infrastructure improvements. The portion of the property designated for medical marijuana facilities is approximately 57 acres. The remainder of the Project consists of approximately 59,000 square feet of retail uses and approximately 9,000 square feet of Drive Thru buildings.

The proposed project is located north of 20th Avenue, approximately 1000 feet east of North Indian Canyon Drive. The Project site will have five points of access and a system of internal loop drive aisles.

Two access points are proposed to be located on 20th Avenue and three are proposed to be located on the future Calle De Los Romos. 20th Avenue is currently partially paved along the project’s frontage with no curb or gutter. Calle De Los Romos is currently an unimproved dirt roadway. The primary access point will be located on 20
th Avenue, at the approximate center of the southern boundary.

The portion of the site that contains medical marijuana cultivation and processing will be entirely enclosed within perimeter security fencing. The gated entry/exit drives will control vehicular access onto and off of this portion of the property. Circulation and parking will be consistent with City parking standards as determined by City Staff.

The cultivation structures will include truck access to an internal loading area for each of the units. A paved surface is proposed for the main drive aisles and parking areas. The Project will be developed in three Phases. Cultivation operations are anticipated to be similar to that of a standard wholesale nursery. Hours will be consistent with Ordinance 552. Medical marijuana facilities may operate between the hours of 8:00 am and 10:00 pm up to seven days per week. The cultivation of marijuana requires staff to be present on premises 24 hours per day. Only authorized staff and delivery personnel will be allowed to enter the cultivation portion of the project.

Average Daily Trips (ADT) refers to the total number of vehicles that travel a defined segment of roadway over a twenty-four hour period. The standard most often used to evaluate the operating conditions of the transportation system is called level of service (LOS). LOS is a qualitative assessment of the quantitative effect of factors such as: speed and travel time, traffic volume, geometric features, traffic interruptions, delays, and freedom to maneuver, driver comfort and convenience, and vehicle operating costs. LOS allows operating conditions to be categorized as LOS “A” through LOS “F”, where LOS “A” represents the most favorable free flow condition and LOS “F” the least favorable forced flow driving condition. The LOS categories are based on relative levels of driver

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acceptability of various delays. A given lane or roadway may provide a wide range of service levels, depending upon traffic volumes and speeds.

Roadway capacity has been defined as the maximum number of vehicles that can pass over a given roadway during a given time period under prevailing roadway and traffic conditions. The capacity of a roadway used for design purposes (generally defined as LOS D) is the level at which the facility is handling the maximum traffic volume that it can accommodate while maintaining an acceptable level of driver satisfaction. The City of Desert Hot Springs has defined Level of Service "D" as the minimum adequate intersection service level during peak hours for planning and design purposes.

The Transportation Uniform Mitigation Fee (TUMF) Ordinance became effective July 1, 1989. The TUMF program is a component of the twenty year Measure Α, sales tax program managed by the Coachella Valley Association of Governments (CVAG) and approved by voters in November, 1988. In 2002, a thirty year extension was approved by Riverside County voters and resulted in an expiration date of 2039.

Under the TUMF, developers of residential, industrial and commercial property pay a development fee to fund transportation Projects that will be required as a result of the growth the Projects create. TUMF will be required as a Condition of Approval.

A Traffic Impact Analysis (TIA) was prepared for the Indian Canyon Drive / I-10 Retail and Cultivation Site by Urban Crossroads, July 25, 2017. The proposed project is not expected to conflict with local plans pertaining to traffic and circulation following the implementation of recommendations found in the TIA.

According to the TIA, 20
th Avenue, a generally east/west roadway, is designated as a Major Arterial with an ultimate right of way of 110 feet. This road forms the southern boundary of the Project. Calle De Los Romos, a proposed north/south roadway, is designated as an Industrial Collector with an ultimate right of way of 78 feet. This road forms the eastern boundary of the Project.

According to the TIA, the Project is expected to contribute 4601 daily trip-ends to the area with 448 vehicles per hour (VPH) during the AM peak hour, and 413 VPH during the PM peak hour.

Fourteen study area intersections were selected for the TIA based on consultation with City of Desert Hot Springs staff.

1. Indian Canyon Drive/19th Avenue

2. Indian Canyon Drive/Commercial Plaza Access

3. Indian Canyon Drive/20
th Avenue

4. Indian Canyon Drive/I-10 Westbound On-Ramps

5. Indian Canyon Drive/I-10 Eastbound On-Ramp

6. Indian Canyon Drive/Garnet Avenue

7. I-10 Eastbound Ramps/Garnet Avenue

8. I-10 Westbound Ramps/20th Avenue

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9. Commercial Plaza Access/20th Avenue

10. PA 1 Driveway/20th Avenue

11. Main Driveway/20th Avenue

12. Calle De Los Romos/20th Avenue

13. Calle De Los Romos/PA 2 Driveway

14. Calle De Los Romos/PA 3 Driveway
The TIA states that, in accordance with the Riverside County traffic study guidelines and discussions with City of Desert Hot Springs staff, the following scenarios were analyzed:
• Existing (2017) Conditions
• Existing plus Project (E+P) Conditions
• Existing plus Ambient plus Project (EAP 2019) Conditions o Existing 2017 counts
o Ambient growth traffic (4.04%)
o Project traffic
• Existing plus Ambient plus Project plus Cumulative (EAPC 2019) Conditions o Existing 2017 counts
o Ambient growth traffic (7.102%)
o Cumulative Development Project traffic
o Project traffic
For the purposes of the TIA discussion, a significant impact would occur (a) if the proposed Project caused the level of service to degrade to below LOS D, or (b) if the proposed Project caused the level of service to change from LOS E to LOS F. Additionally, significant impact would occur at the intersection level if the proposed Project caused an increase in delay of 2 seconds or more to an intersection already operating at LOS E; or 1 second or more to an intersection operating at LOS F.

The following is a summary of the TIA analysis results:

Existing Intersection Conditions
All the existing (2017) study area intersections operated at an acceptable LOS (i.e., LOS D or better) during the peak hours.

Existing Plus Project (E+P) Conditions
The intersection analysis results indicate that the addition of Project traffic is not anticipated to result in LOS deficiency. For E+P conditions, the study area intersections are projected to continue to operate at an acceptable LOS (i.e., LOS D or better) during the peak hours.

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Existing Plus Ambient Plus Project (EAP 2019) Conditions Based on a comparison of the Existing and EAP (2019) traffic conditions, the addition of 4.04% total ambient growth along with the addition of Project traffic is not anticipated to result in LOS deficiency.

Existing Plus Ambient Plus Project Plus Cumulative (EAPC 2019) Conditions Based on a comparison of Existing and EAPC (2019) traffic conditions, the addition of 7.102% total ambient growth, cumulative traffic, and addition of Project traffic is anticipated to result in the following LOS deficiencies during the peak hours:
• Indian Canyon Drive/19th Avenue (#1) – LOS F AM & PM peak hours • Indian Canyon Drive/20th Avenue (#2) – LOS F AM & PM peak hours The following table summarizes the results of the TIA. The data represents the LOS at the study intersections for the buildout year 2019 EAPC conditions. The table compares two scenarios of conditions per intersection at buildout. The first is the LOS without the project’s improvements, and the second is LOS with the proposed improvements and recommendations within the TIA.

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As indicated in the previous table, all intersections will operate at LOS D or better following implementation of project improvements and additional recommendations within the TIA. Improvement strategies have been recommended as follows to address potential impacts. Construction of on-site and site adjacent intersections shall occur in conjunction with adjacent Project development activity or as needed for Project Access purposes.

Roadway and Site Access Improvements:

Project access to North Indian Canyon Drive will be provided via 20 th Avenue and future Calle De Los
Romos. Two full access driveways are proposed along 20
th Avenue (PA 1 Driveway and Main
Driveway.) Two full access driveways are also proposed along the future Calle De Los Romos (PA 2 Driveway and PA 3 Driveway.) Roadway improvements are expected to occur in conjunction with site development and should be in place prior to occupancy. Improvements are described below.

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Recommended Improvements considered Standard Conditions (On-site and Site Adjacent) 20th Avenue - This roadway is an east-west oriented street located adjacent to the Project’s southern boundary. 20th Avenue shall be constructed from the Project’s western boundary to the eastern boundary at its ultimate half section width as a Major Arterial (110-foot right-of-way) in compliance with the applicable City of Desert Hot Springs standards.

PA 1 Driveway/20th Avenue (#10)- Install a stop control on the southbound approach and construct the intersection to provide the following geometrics:
• Northbound Approach: Not Applicable (N/A)
• Southbound Approach: One shared left/right turn lane. • Eastbound Approach: One left turn lane with a minimum of 150 feet of storage and one through lane.
• Westbound Approach: Two through lanes and one right turn lane.

Main Driveway/20
th Avenue (#11)- Install a stop control on the southbound approach and construct the intersection to provide the following geometrics:
• Northbound Approach: Not Applicable (N/A)
• Southbound Approach: One left turn lane and one right turn lane. • Eastbound Approach: One left turn lane with a minimum of 150 feet of storage and one through lane.
• Westbound Approach: One through lane and one shared through/right turn lane.

Commercial Plaza/20
th Avenue (#9) – in conjunction with the construction of 20th Avenue, modify striping on the westbound approach to provide a 2
nd
through lane which will also serve as a 2
nd
westbound receiving lane at the PA1 Driveway/20th Avenue (#10) intersection.

Calle De Los Romos – this roadway is a north-south oriented street located adjacent to the Project’s eastern boundary. Calle De Los Romos shall be constructed from the Project’s northern boundary to 20th Avenue at its ultimate half section width as an Industrial Collector (78-foot right-of-way) in compliance with the applicable City of Desert Hot Springs standards and provide one lane in each direction of travel.

Calle De Los Romos/20
th Avenue (#12)- Install a stop control on the southbound approach and construct the intersection to provide the following geometrics:
• Northbound Approach: Not Applicable (N/A)
• Southbound Approach: One right turn lane.
• Eastbound Approach: One left turn lane with a minimum of 150 feet of storage. • Westbound Approach: Not Applicable (N/A)
Calle De Los Romos/PA 2 Driveway (#13)- Install a stop control on the eastbound approach and construct the intersection to provide the following geometrics:
• Northbound Approach: One shared left/through lane.
• Southbound Approach: One shared through/right turn lane.

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• Eastbound Approach: One shared left/right turn lane.
• Westbound Approach: Not applicable (N/A.)
Calle De Los Romos/PA 3 Driveway (#14)- Install a stop control on the eastbound approach and construct the intersection to provide the following geometrics:
• Northbound Approach: One shared left/through lane.
• Southbound Approach: One shared through/right turn lane. • Eastbound Approach: One shared left/right turn lane.
• Westbound Approach: Not applicable (N/A.)
Recommended Improvements considered Mitigation
Indian Canyon Drive/19th Avenue (#1) – Install a traffic signal, construct a southbound left turn lane and construct a westbound shared left/through right lane. These improvements are not currently included in the City’s Development Impact Fees. (e.g., Project fair share is 9%.) Indian Canyon Drive/Commercial Plaza (#2) – Modify striping on Indian Canyon Drive to provide a two-way left turn lane (TWLTL) median and serve as a refuge area for the westbound left vehicles.

This improvement is not currently included in the City’s DIF. As such the Project would be subject to a fair share contribution towards the recommended median striping improvements (e.g., Project fair share is 10%.)
Fair Share Contribution
The Project’s fair share contribution at an off-site study area intersection was determined based on the following equation, which is the ratio of Project traffic to new traffic, and new traffic total is derived when the existing baseline traffic is subtracted from future traffic.

Project Fair Share % = Project Traffic / (2019 With Project Total Traffic – Existing 2017 Traffic)

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Intersection E+P EAP (2019) EAPC(2019)
Improvements in
CVAG
2 TUMF/OFI ?
Fair
Share%'

CUMULATIVE FUTURE OFF-SITE IMPROVEMENTS
1 IndianCyn.Dr./19thAv. -None -None
- Contribute to the future Installation
of a traffic signal em a fair sharebasis No 9%
Cumulative Oevlopment Access Improvements:
- Provide a Southbound (SB) left turnlane
•Provide a WB shared left/through/right turn lane
No
2 Indian Cyn.Or./CommercialPlaza
Access
-None -None
• Modify median striping on IndianCanyon Drive to provide a two-way left turnlane (TWLTL) median and serve as a refuge area for westbound left turn vehicles.

No 10%
9 CommercialPlaza Access I
20th Av
1 • Modify striping to provide a 2nd
Westbound (WB) throughlane
- Same - Same No 100%

PROJECT ACCESSIMPROVEMENTS
10 PA 1Dwy./20thAv. - Install stop controlon the SB approach • Widening of 20th Avenue to its
ultimatehalf-section for additionallanes
(See Exhibits 1-3 and 14· )
-Same
-Same
-Same
-Same
-Same
-Same
100%
100%
11 Main Dwy./ 20th Av. - Install stop controlon the SB approach • Wideningof 20th Avenue to its
ultimatehalf-section for additionallanes
(See Exhibits 1-3 and 14· )
-Same
-Same
-Same
-Same
-Same
-Same
100%
100%
12 Calle De Los Romos I
20th Av.
·Install stop controlon the SB approach
• Widening of 20th Avenue toits
ultimatehalf-section for additional lanes
(See Exhibits 1-3 and 14· )
-Same
-Same
-Same
-Same
-Same
- Same
100%
100%
13 Calle De Los Romos IPA 2 Owy. - Install stop controlon the EB approach (See Exhibit1-3)
-Same -Same -Same 100%
14 Calle De Los Romos IPA 3 Owy.
- Install stop controlon the EBapproach
(See Exhibitl-3)
-Same -Same -Same 100%
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1 It should be noted that thisintersection is anticipated tooperate at an acceptable lOSwith existing geometry (1W8 through & 1W8 defactoright turnlane). However.with the widening of 20th Avenue
(adjacent to the project site),a 2nd receMnglane is needed. 2 Improvements included inCVAG TUMF or County OIF fee programs. (I)"U
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Page 222 of 1191 ends

City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 96 ends

August, 2017
Desert Hot Springs Municipal Code Standard Conditions of Approval The following items a reflect Desert Hot Springs Municipal Code or City of Desert Hot Springs policy requirements that apply to all developments as Conditions of Approval.

1. 20
th Avenue and Calle De Los Romos shall be improved on and adjacent to the site per the design standards specified by the City of Desert Hot Springs

2. Clear unobstructed sight distances shall be provided at the site access points and at all internal intersections. Sight distance should be reviewed at the project access points with respect to City of Desert Hot Springs sight distance standards at the time of preparation of final grading, landscape and street improvement plans.

3. The site access design shall accommodate the largest vehicles expected to negotiate the access and internal circulation system. Landscaping, monuments, and other objects shall be avoided in the off-tracking area at the site access connections.

4. The project proponent shall provide accessible routes of travel (including compliant curb ramps, sidewalks, and other improvements) along all public streets and within all public spaces and common areas, in accordance with current ADA guidelines and standards.

5. To ensure compliance with City of Desert Hot Springs roadway and access design standards, the final layout and site access design shall be subject to the review and approval of the City Traffic Engineer during the development review process. Entry drives, the internal circulation design, and other features may require additional street widths, as determined by the City Traffic Engineer.

6. A traffic signing and striping plan shall be developed in conjunction with detailed construction plans for the project site and submitted to the City of Desert Hot Springs for review and approval.

7. The project proponent shall contribute various development fees, as required by the City of Desert Hot Springs.

8. The project proponent shall contribute traffic impact mitigation fees, by participating in the Traffic Uniform ion Fee (TUMF) program (see additional discussion in the following section b).)
The interim facility shall be conditioned to comply with the applicable recommendations contained within the TIA and the Desert Hot Springs Municipal Code. Circulation Design for the interim facility will require City review and approval.

Therefore the implementation of the recommendations within the TIA and the project’s conditions of approval during design, approval and construction will ensure that the Project results in less than

Page 223 of 1191 ends

City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 97 ends

August, 2017
significant impacts relative to the applicable plan, ordinance or Policy establishing measures of effectiveness for the performance of the circulation system.

Mitigation Measures:

TRA-1: The project applicant shall participate on a fair share basis in the construction of the currently warranted traffic signal and the median striping improvements identified in the TIA prior to the year 2019.
b) Conflict with an applicable congestion
Management Program, including, but
but not limited to level of service standards
and travel demand measures, or other
standards established by the county
congestion management agency for
designated roads or highways?
Discussion:

The Congestion Management Program (CMP,) prepared by the Riverside County Transportation Commission (RCTC,) is intended to link land use, transportation and air quality with reasonable growth management methods, strategies and programs that effectively utilize new transportation funds to alleviate traffic congestion and related impacts. As the designated Congestion Management Agency (CMA), the RCTC prepares the CMP that designates a system of highways and roadways to include all State Highway facilities within Riverside County and a system of “principal arterials” to be included as the Congestion Management System (CMS.) Program updates include consultation with local agencies, the County of Riverside, transit agencies and sub-regional agencies like the Coachella Valley Association of Governments (CVAG).

It is the responsibility of local agencies, when reviewing and approving development proposals to consider the traffic impacts to the CMS. All development proposals and circulation Projects to be included within the City of Desert Hot Springs are required to comply with the current policies and procedures set forth by the RCTC’s CMP. The CMA provides a uniform database of traffic impacts for use in a countywide transportation computer model. The RCTC has recognized use of the Coachella Valley Area Transportation System (CVATS) sub-regional transportation model and the Riverside Transportation Analysis Model (RIVTAM) to analyze traffic impacts associated with development proposals or land use plans. The methodology for measuring LOS must be that contained in the most recent version of the Highway Capacity Manual. Traffic standards must be set no lower than LOS E for any segment or intersection on the CMP system unless the current LOS is lower (i.e., LOS F).

Interstate 10 is identified as a CMP corridor however the TIA identifies no CMP intersections in the area. Traffic resulting from the Project, in compliance with the General Plan, is not anticipated to individually or cumulatively contribute to an exceedance of a level of service standard established in the CMP.

Under the TUMF, developers of residential, industrial and commercial property pay a development fee to fund transportation projects that will be required as a result of the growth the projects create. TUMF

Page 224 of 1191 ends

City of Desert Hot Springs
Final Initial Study / Mitigated Negative Declaration
SP 02-17 / GPA 03-17 / ZMA 01-17 /CUP 28-17/ DA 18-17

Page 98 ends

August, 2017
will be required as a Condition of Approval for any future development project.

The project is required to implement the payment of TUMF fees and established LOS requirements. Project implementation is not anticipated to conflict with the regional congestion management program if the project description combined with standard conditions described in this discussion, including the payment of TUMF fees, are implemented prior to project construction. Less than significant impacts are anticipated.

Mitigation Measures: None
c) Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
Discussion:

The proposed project is not of such a size or nature to cause noticeable changes in air traffic levels, patterns or a change in traffic location. The project is not located near any airport facility or within an airport influence area. No impact is anticipated.

Mitigation Measures: None
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
Discussion:

In its current condition, the undeveloped Project property is bordered by the partially improved alignment of 20th Avenue to the south and the future Calle De Los Romos to the east.

To provide proper access to the facility, off-site design and the proposed off-site improvements include street paving on portions of 20th Avenue and Calle De Los Romos along the Project’s frontage.

Circulation design will undergo City and Fire Department review before approval to ensure that the local development standards for roadways, in interior and exterior circulation designs, are met without resulting in traffic safety impacts including hazardous design features. The Project and the interim facility will not include sharp curves or dangerous intersections. No incompatible uses will result from the proposed or interim Project.

Driveways shall incorporate proper stacking, sight distance and intersection control (e.g. left turn pockets) features. Consequently, the project design will not substantially increase vehicular hazards.

A traffic control plan will be prepared prior to construction to reduce the potential for temporary hazards associated with construction activities. This requirement will work to coordinate traffic associated with the interim facility staff, construction traffic and existing users along 20 th Avenue. All project plans shall
be reviewed and approved by the City Engineering Department. Impacts are expected to be less than significant.

Page 225 of 1191 ends

Desert Hot Springs City CouncilDecember 6, 2022

Desert Hot Springs City Council
December 6, 2022