City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, December 6, 2022
Council Chambers
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:00 P.M.
ROLL CALL
Present:
Councilmembers: Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
Absent:
Councilmember: Russell Betts
PUBLIC COMMENTS
None.
Jennifer Mizrahi, City Attorney, announced the Closed Session item.
CLOSED SESSION:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Pursuant to Government Code Section 54957(b): City Manager PRESENTATIONS - 5:15 P.M.
Certificate of Recognition Presented to Samuel ZzeniaMessler, DiversityDHS
Mayor Matas and the City Council presented a Certificate of Recognition to Samuel ZzeniaMessler for his service and contributions to DiversityDHS.
Certificates of Recognition Presented to the 2022 Civics Academy Graduates
City Council
December 6, 2022
Emily Pearson, Executive Assistant to the City Manager, provided an overview of the Civics Academy Program and presented Certificates of Recognition to the 2022 graduates.
Certificates of Recognition Presented to Desert Hot Springs Eagles Youth Football
Mayor Matas and the City Council presented Certificates of Recognition to Desert Hot Springs Eagles Youth Football for their achievements.
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:02 P.M.
ROLL CALL
Present:
Councilmembers: Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
Absent:
Councilmember: Russell Betts
INVOCATION
Councilmember Pye gave the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Matas led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the December 6, 2022 regular meeting agenda and approve the Consent Calendar in its entirety.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 4-0 by the following votes:
City Council
December 6, 2022
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
PUBLIC COMMENTS
1) James Velasquez spoke regarding his recent endeavors. 2) Tamrin Holscher spoke regarding night sky ordinance. 3) Tom Moen spoke regarding Cabot Yerxa Pueblo Museum.
CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.
Sean Smith, Economic Development Director, acknowledged award recipients of the Visit Greater Palm Springs, Champions of Hospitality Awards Event: Maria Lease of Azure Palm Resort; and Brian Edson of The Good House.
Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.
MAYOR AND COUNCIL MEMBER REPORTS
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Councilmember Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
PUBLIC HEARINGS:
2. A Resolution of the City Council to: 1) Adopt The Addendum to the Mitigated Negative Declaration; 2) Approve Desert Gateway Specific Plan Amendment No. SP 22-3, Amending The Desert Harvest Specific Plan In The City; 3) Approve Design Review No. 22-1; 4) Approve Tract Map No. 22-3 and; 5) Adopt an Ordinance Amending Chapter 17.190 "An Application to Amend the Desert Harvest Specific Plan and Develop a Logistics Center" (IRI DHS Land, LLC)
Recommendation:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
City Council
December 6, 2022
4) Take testimony from Applicant;
5) Take public testimony from those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing;
10) City Council discussion and questions to Staff; and 11) A) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, to 1) Adopt The Addendum to the Mitigated Negative Declaration; 2) Approve Desert Gateway Specific Plan Amendment No. SP 22-3, Amending The Desert Harvest Specific Plan in the City; 3) Approve a Design Review No. 22-1; and 4) Approve Tract Map No. 22-3; AND B) Introduce for First Reading and read by title only: "An Ordinance Amending Chapter 17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan.”
Staff Report - SR-22-259 - Pdf
Patricia Villagomez; Principal Planner, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
Chris Brizuela, representing the applicant, addressed the City Council and responded to questions.
Marlie Whiteman, representing the applicant, responded to questions regarding traffic flow.
Adam Frankel, Lozeau Drury, LLP, discussed his letter expressing opposition on behalf of "Supporters Alliance for Environmental Responsibility (SAFER)," a copy of which was received and made a part of the record.
Chris Brizuela, representing the applicant, provided rebuttal responses.
Bob Emory, representing applicant, addressed the City Council and expressed thanks.
Ruben Choi, architect representing the applicant, responded to questions regarding solar and electric vehicle charging stations.
Mayor Matas closed the Public Hearing.
A discussion ensued.
City Council
December 6, 2022
ACTION: Approve Staff recommendation A) and adopt Resolution No. 2022- 052.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
ACTION: Approve Staff recommendation B), introducing the Ordinance and read by title only.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
ADMINISTRATIVE CALENDAR:
3. Resolution Approving the Local Roadway Safety Plan (LRSP) Recommendation:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, approving the Local Roadway Safety Plan (LRSP).
Staff Report - SR-22-254 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
Tom Moen spoke in support.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-053.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
4. Resolution Authorizing Execution of the Application and Agreement for Social Security Coverage for Employees of the City of Desert Hot Springs Recommendation:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California authorizing the execution of the application and agreement for Social Security Coverage for employees.
Staff Report - SR-22-260 - Pdf
City Council
December 6, 2022
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-054.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
5. Community Development Block Grant Resolution Fiscal Year 2023-2024 Recommendation:
Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to approve all agreements and necessary documents associated with the Community Development Block Grant (CDBG) for Fiscal Year 2023-2024.
Staff Report - SR-22-262 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-055.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
6. (Successor Agency) Recognized Obligation Payment Schedule (ROPS 23- 24) for the Period of July 1, 2023 Through June 30, 2024 Recommendation:
Adopt a Resolution of the Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 23-24) and Administrative Budget for the Successor Agency for the period of July 1, 2023 through June 30, 2024.
Staff Report - SR-22-255 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report.
ACTION: Approve Staff recommendation and adopt Resolution No. SA-2022- 001.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
City Council
December 6, 2022
Carried 4-0 by the following votes:
AYES: Nuñez, Pye, Gardner, and Matas
ABSENT: Betts
CONSENT CALENDAR:
11. City Council Regular Meeting Minutes: November 15, 2022 Staff Report - SR-22-263 - Pdf
ACTION: Approved the Minutes as presented.
12. Second Reading and Adoption of An Ordinance Adding Chapter 8.48 Tenant Relocation Assistance to the Desert Hot Springs Municipal Code Staff Report - SR-22-256 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance No. 770: "An Ordinance of the City Council of the City of Desert Hot Springs adding Chapter
8.48 (Tenant Relocation Assistance) to the Desert Hot Springs Municipal Code."
13. Second Reading and Adoption of An Ordinance Repealing and Replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code
Staff Report - SR-22-257 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance No. 769: "An Ordinance of the City Council of the City of Desert Hot Springs, repealing and replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code.
14. Second Reading and Adoption of An Ordinance Amending Section
15.68.130 "Duties and Responsibilities of the Floodplain Manager" of the Desert Hot Springs Municipal Code to Allow for a More Streamlined Process for the Approvals of Letters of Map Revision (LOMRS) Staff Report - SR-22-258 - Pdf
ACTION:
Approved Staff recommendation and adopted Ordinance No. 768: “An Ordinance of the City Council of the City of Desert Hot Springs, Amending Section 15.68.130 “Duties and Responsibilities of the Floodplain Manager” of the Desert Hot Springs Municipal Code to allow for a more streamlined process for the Approvals of Letters of Map Revision (LOMRS)."
15. Contracts Management Report as of November 15, 2022 Staff Report - SR-22-251 - Pdf
ACTION: Received and filed.
City Council
December 6, 2022
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:36 P.M.
Jerryl Soriano, CMC, City Clerk
SR-22-259
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: Community Development
Prepared by: Patricia Villagomez, Principal Planner
Subject: A Resolution of the City Council to: 1) Adopt The Addendum to the Mitigated Negative Declaration; 2) Approve Desert Gateway Specific Plan Amendment No. SP 22-3, Amending The Desert Harvest Specific Plan In The City; 3) Approve Design Review No. 22-1; 4) Approve Tract Map No. 22-3 and; 5) Adopt an Ordinance Amending Chapter 17.190 "An Application to Amend the Desert Harvest Specific Plan and Develop a Logistics Center" (IRI DHS Land, LLC)
RECOMMENDATION:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony from those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing;
10) City Council discussion and questions to Staff; and 11) A) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, to 1) Adopt The Addendum to the Mitigated Negative Declaration; 2) Approve Desert Gateway Specific Plan Amendment No. SP 22-3, Amending The Desert Harvest Specific Plan in the City; 3) Approve a Design Review No. 22-1; and 4) Approve Tract Map No. 22-3; AND B) Introduce for First Reading and read by title only: "An Ordinance Amending Chapter 17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan.”
BACKGROUND:
The Desert Gateway Specific Plan was originally approved by the City Council on November 7th, 2017, as the “Desert Harvest Specific Plan”. The Specific Plan was intended to facilitate the development of a mixed-use commercial and industrial project and allow for the development of a 1,500,000 sq. ft. cannabis cultivation facility. In addition to approval of the Specific Plan, Tentative Parcel Map, Conditional Use Permit, Development Agreement, General Plan Amendment, and a Zone Text
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Amendment were all processed as part of the original entitlement for the property. Since the approvals, the Tentative Parcel Map and Conditional Use Permit have expired, and the parcel remains vacant.
On November 21st, 2022, in a Special Meeting, the Planning Commission made a recommendation to the City Council for approval.
DISCUSSION:
On June 17th, 2022, the applicant, IRI DHS Land I, LLC, submitted a Specific Plan Amendment (SP 22-3), Design Review (DR 22-1), and Tract Map (TM 22-3). The Desert Gateway Specific Plan is a proposed 65-acre (APN 666-370-019) retail commercial, light industrial, and logistics development located on the northwest corner of 20th Ave and Calle De Los Romos.
This Amendment to the Specific Plan is to allow for logistics/warehouse uses as well as commercial retail and also provide for updated development guidelines and regulations to allow for an updated, contemporary development strategy. The Desert Gateway Specific Plan Amendment propose to develop a mixed-use project on approximately 65-acres within two (2) planning areas that would provide for a variety of retail commercial, logistics, and light industrial uses.
SETTING
The Zoning, General Plan Land-Use designations, and current land uses for surrounding properties are as follows:
Table 1: Surrounding Land Uses
Zoning & General Plan
Designations Current Land-Use
North Light Industrial
(I-L) Cannabis Business Park
West Commercial Business Park
(C-BP) Commercial Business Park
South Un-Incorporated
Palm Springs & I-10 Vacant Parcel
East Light Industrial
(I-L) Vacant Parcel
MASTER PLAN – LAND USE PLAN
The Specific Plan Amendment would allow up to 1,060,000 sq. ft. of logistics/warehousing, and light industrial space, 42,000 sq. ft. of retail commercial, and two (2) hotels totaling up to 150 keys within two (2) distinct Planning Areas. Table 2 provides a summary of uses and square footages within the project site.
Table 2:
Planning Area Acres Maximum Sq. Ft. Maximum # of Keys
PA – 1 (Retail
Commercial) 11 Up to 42,000 sq. ft. Up to 150 Keys
PA – 2 (Light
Industrial) 53 Up to 1,060,000 sq. ft.
Total 64 150 Keys
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The Specific Plan is divided into two Planning Areas, each corresponding with a basic land use component. A Cannabis Overlay exists over the two planning areas that allow for the development of cannabis related uses as per Section 17.180 of the DHSMC.
Planning Area 1 (PA-1) – Retail Commercial: Consists of approximately 11 acres of land and will allow for community commercial uses. Representative uses within this planning area include restaurants (including drive-thru), hotels, and commercial retail.
Planning Area 2 (PA-2) – Light Industrial, Logistics, and Warehousing: Consists of approximately 53 acres of land and will allow for a variety of uses such as light industrial, logistics, warehousing, and cannabis cultivation.
Permitted Uses Table: The following are some of the permitted uses that will be allowed within the Specific Plan a complete list of all allowable uses can be found within Exhibit 1.
P – Permitted Use
DR – Design Review
C – Conditional Use Permit
- Not Allowed
Table 3:
Allowable Uses PA – 1 PA - 2
Hotel DR -
Drive-in and Drive-through
Sales DR -
Entertainment Facilities DR -
Restaurants, with Alcoholic
Beverages DR -
Shopping Centers DR -
Cannabis Cultivation - CUP
Cannabis Manufacturing - CUP
Cannabis Distribution - CUP
Logistics, Distribution,
warehousing - DR
SPECIFIC PLAN DEVELOPMENT STANDARDS
The following are the Development Standards for Planning Area 1 and Planning Area 2 for the Desert Harvest Specific Plan Amendment, below.
Table 4: PA -1
Minimum Lot Size 5,000 sq. ft.
Minimum Front Setback 20 feet
Minimum Side Setback Zero
Minimum Rear Setback Zero
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Minimum Distance between Buildings 20 feet (1)
Maximum Structure Height 35 feet
Maximum Building Lot Coverage 35%
Off Street Parking (2)
Cannabis Dispensaries: 1 space/250 sq. ft.
Restaurants (sit downs): 1 space/75 sq. ft.
Restaurant (drive through): 1 space/100 sq. ft.
Hotel: Per DHSMC
Notes:
(1) Unless attached buildings are proposed, where no side yard or building separation would be required. (2) Any use not listed would be in accordance with DHSMC Section 17.48.040 TABLE 5: PA – 2
Minimum Lot Size 20,000 sq. ft
Minimum Public Street Setback 20 feet
Minimum Side Setback (1)(2) 10 feet
Minimum Rear Setback 10 feet
Minimum Distance between Buildings (1)(2) 20 feet (1)
Max Height (3) 5 Stories/100 feet
Maximum Building Coverage 75%
Off Street Parking (4)
Office/Administration
• 1 Space/250 sq. ft.
Manufacturing/Processing
• 1 space/750 sq. ft.
Laboratory
• 1 Space/750 sq. ft.
Cannabis Cultivation
• 1 Space/2,500 sq. ft. (5)
Warehousing/Logistics
• 1 Space/750 sq. ft. of gfa for the first 20,000
sq. ft.
• 1 Space/2,000 sq. ft. of gfa for the 2nd
20,000 sq. ft.
• 1 Space/4,000 sq. ft. of gfa more than
40,000 sq. ft.
Notes:
(1) (1) Except when attached buildings are proposed where side yard or building separation would not be required. (2) (2) For PA – 2, all interior lot lines would be considered side yards. (3) (3) Height measured from surrounding finished grade. Basements are allowed but do not count toward overall building height or number of stories.
(4) (4) Any use not listed would be in accordance with DHSMC Section 17.48.040 (5) (5) Including hallways, mechanical rooms, elevator shafts, stairways, storage areas, restrooms, locker rooms, packaging rooms, break rooms, and similar support areas within buildings where cultivation is the primary function.
ARCHITECTURAL DESIGN GUIDELINES
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The Specific Plan allows for a wide range of commercial and industrial uses. Therefore, it is anticipated that the site will be developed with a range of architectural styles, materials, and building types. The guidelines will establish and ensure that all development within the Specific Plan is complementary within the Specific Plan and with the surrounding community. Any and all projects within the project site must be consistent with the design guidelines. The following are some of the guidelines that the developers will need to follow: for a complete list of Architectural Design Guidelines see Exhibit 1.
Planning Area 1 (PA – 1)
• Interesting and varied materials to include different plaster textures, stone tile, ceramic or porcelain tiles, cementitious simulated wood materials, various metals and finishes. • Three-dimensional massing of forms with offsets to create shadow lines, opportunities to change color and materials, and to create a more welcoming human scale. • Windows and glass walls that are recessed in thickened walls where practical to further create shadow lines and shade the glass
Planning Area 2 (PA – 2)
• A consistent architectural style is encouraged to be used for a building and associated accessory structures.
• Pedestrian access to buildings accessible to visitors should be easily identifiable through use of massing, building materials, and or colors.
• Roof top screening shall be integrated as part of building structure.
DESIGN REVIEW
Per Section 3.2 Permitted Uses of the Specific Plan Amendment (Exhibit 1), a Design Review application is required for the development of a proposed Logistics and Warehousing Building. The proposed development will be located on PA – 2 which allows for this type of “Use” with approval of a Design Review application. The applicant proposes to develop a 1,061,090 sq. ft. logistics and warehousing on a 53-acre parcel (PA – 2). The proposed development would include a single story with a footprint of approximately 1,061,090 sq. ft., the building height would not exceed 50 feet.
EMPLOYMENT
The logistics/warehousing building anticipates hiring approximately 450 employees.
CIRCULATION
The Desert Gateway project has direct and convenient vehicular access to the Interstate 10 Freeway via Indian Canyon and 20th Avenue, a paved road that is not fully constructed to current standards.
The southern commercial areas would be accessible to the public during normal business hours while the northern light industrial area will be fenced, gated and accessed only by authorized personnel. The vehicular circulation system consists of an interior network of drive aisles that provide access to the parking, loading and service areas associated with each commercial and industrial building. The drive aisles will be 24 – 30 feet wide as needed for consistency with Fire Department standards.
Pedestrian circulation to the commercial building (PA – 1) will be provided via public sidewalks on 20th Avenue and Calle De Los Romos. Each commercial entry incorporates walkway connections to allow pedestrian access from the surrounding public streets.
ENTRIES
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Vehicular access to the site will be from 20th Avenue and Calle De Los Romos via driveways to each Planning Area. The entries would include landscaping, entry signage, and pedestrian walkway connections.
PARKING AND LOADING
Loading areas suitable for various vehicle types, including semi-trucks will be provided at the northernmost processing building and accessible via a primary and secondary service gate on Calle De Los Romos. Vehicles would enter through the northerly gate, process to the processing building, load/unload, then exit through the southerly gate. The logistics/warehouse will have 82 dock doors on the south side of the building and 86 dock doors on the north side of the building.
Parking will be provided to serve each proposed “Use”. Parking standards for each Planning Area (PA – 1 & PA – 2) are provided within the Specific Plan Amendment (Exhibit 1) Chapter 3 (Table 3.2 & Table 3.3). A parking analysis is outlined below for the proposed development of the logistics/warehousing building.
Table 6: Parking Calculation
Proposed Use Square Footage Parking Ratio Parking Required Office 20,000 sq. ft. 1 space per 250 sq. ft. 80
Logistics/Warehouse
First 20,000 SF of
GFA
Second 20,000 SF of
GFA
Remainder of GFA
1,061,090 sq. ft.
20,000 sq. ft.
20,000 sq. ft
1,001,090 sq. ft
1 space per 750 sq. ft.
1 space per 2,000 sq.
ft
1 space per 4,000 sq.
ft
27 10
251
Total Parking
Required 368
Total Parking Provided 549
Trailer Parking
Provided 498
ELEVATIONS, COLORS, AND MATERIALS
The proposed logistics/warehouse building will be a concrete tilt up construction. The exterior finishes will have a smooth concrete palette of greys, and red stripping to add a variation. The entry doors on the elevations shows a red canopy installed above to shade the pedestrian entries, the windows and doors will have a blue reflective glass. The building elevations are similar to other industrial buildings in the area and will have architectural panels with alternating colors of greys. The overall architecture is simple and modern, and the color scheme is appropriate to the design. The material sample board is included (Exhibit 8) for reference.
LANDSCAPE
Landscaping plants, materials and irrigation systems will be installed by the project developer and maintained in accordance with the Specific Plan Amendment. Consistent with the emphasis placed by the City on water conservation, the plant species selected for this project are desert hardy with irrigation systems that comply with the City-adopted recommendations of the Mission Springs Water District (MSWD). Table 4 below will provide a breakdown of some of the proposed landscape:
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Table 7: Landscape Plan
Biological Name Quantity Size
Blue Palo Verde 27 24’’ Box
Desert Museum 7 36’’ Box
Texas Mountain Laurel 41 15 Gallon
Manzanillo Olive 6 36’’ Box
Afriacan Sumac 92 24’’ Box
Yello Bird of Paradise Varies 5 Gallon
Maui Yellow Varies 5 Gallon
Compact Texas Ranger Varies 5 Gallon
Bougainvillea Varies 5 Gallon
PHASING PLAN
Phasing for the Development of the Desert Gateway Specific Plan Amendment may occur as a single developer or incrementally as multiple developers propose individual component projects per Section
2.8 of the Specific Plan Amendment. At this time the applicant has submitted a Design Review application for the development of a 1,061,090 sq. ft. logistics/warehouse building. The development has been conditioned to construct all off-site street improvements, and infrastructure as part of the development.
Tentative Parcel Map:
Tentative Parcel Map No. 38435 has been submitted as part of the entitlement applications. The Tentative Parcel Map is for the subdivision of a single parcel of approximately 64 acres, into four (4) individual parcels. A breakdown of the proposed subdivision is as follows:
Parcel No. Acreage Planning Area
1 3.10 PA - 1
2 4.13 PA - 1
3 3.46 PA - 1
4 52.72 PA - 2
The Tentative Parcel Map is processed under Section 16.24.150 Subdivision Maps “Commission Determination” of the Desert Hot Springs Municipal Code (“DHSMC”):
A. Notice of Public Hearings. Upon receipt of a complete tentative map application, the Department shall prepare a report with recommendations after environmental review by the Director. The Department shall set the matter for public hearing before the Commission, pursuant to Chapter 17.104.
A copy of the Department report shall be mailed to the subdivider at least 3 days prior to the public hearing at the address designated on the application.
B. Action. The Commission shall approve, conditionally approve or deny the tentative map within 50 days after the tentative map application has been determined by the Department to be complete and report the decision to the subdivider. If an environmental impact report is prepared, the decision by the Commission shall be made 45 days after certification of the report.
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C. Determination. The tentative map may be approved or conditionally approved by the Commission if it finds that the proposed subdivision, together with the provisions for its design and improvements, are consistent with the General Plan, and applicable specific plan, and all applicable provisions of the municipal code. The Commission may require, as a condition of its approval, that the payment by the subdivider of all development fees, required to be paid at the time of the application for, or issuance of, a building permit or other similar permit, shall be made at the rate for applicable fees in effect at the time of said application or issuance of a building or similar permit.
D. The tentative map may be denied by the Commission on any of the grounds contained in the Map Act, General Plan or the municipal code.
FENCING PLAN
The proposed logistics/warehouse has provided a fencing plan. The fencing plan include the installation of an 8-foot-high wrought iron fence with an 8-foot metal swing gate for access. The proposed wrought fencing will provide secured access to the logistics/warehouse building.
LIGHTING
An exterior photometric plan will be reviewed, and it shall indicate wall packs and freestanding poles that would be provide lighting throughout the site, with an average two foot-candles provided at entrances, and loading doors. The plan must meet the requirements of Section 17.12.370 for lighting in the Industrial Zone.
SIGNAGE
The applicant has not proposed any signage at this time. Staff will evaluate signage for conformance with the zoning code as a separate application, and a condition has been added that all future signage will require a separate review and approval.
NOTICING REQUIREMENT
The project was noticed to neighboring owners within a 300-foot radius of the project site on November 22nd, 2022 and was advertised in the Desert Star Weekly on November 23rd, 2022 per state noticing requirements.
FISCAL IMPACT:
The applicant has paid all application fees related to the Specific Plan Amendment, Design Review and Tentative Tract Map for entitlements. Additionally, the proposed development will be subject to all Building Permit fees and property taxes.
ENVIRONMENTAL ANALYSIS:
In accordance with CEQA Guidelines, an Addendum to the Mitigated Negative Declaration addresses the potential environmental impacts associated with the revised uses of the proposed development and provides an evaluation of potential environmental impacts in relation to the original project evaluated in the adopted MND, as well as the new environmental topics required by the most current CEQA Guidelines. Pursuant to Section 15164(d) of the CEQA Guidelines, an Addendum is appropriate if the projects changes, or modifications do not result in any new significant impacts or a substantial increase in severity of previously identified significant impacts. The Planning Commission only needs to make a finding that the request for an Addendum is consistent with the original MND, and no further analysis is required.
OPTIONAL:
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SPECIFIC PLAN APPROVAL FINDINGS
Under Section 17.128.070 of the Desert Hot Springs Municipal Code, a Specific Plan may only be adopted only if all of the following findings are made:
1. The proposed plan is consistent with the General Plan; The proposed Specific Plan Amendment has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential inconsistencies. The proposed Specific Plan Amendment introduces limited industrial and retail commercial uses to a site presently designated I-L (Light Industrial) but provides for adequate public and private improvements to avoid conflicts with the General Plan Land Use, Circulation, Housing and other Elements of the Community Development Chapter; as well as with the Environmental Resources, Environmental Hazards, and Public Facilities and Facilities Chapters. Staff has identified no inconsistencies between the proposed Specific Plan Amendment and the General Plan. Staff recommends this finding.
2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed Specific Plan Amendment provides for development of a mixed-use commercial/industrial development, including provisions for public and private improvements to address vehicular circulation, including emergency services, as well as drainage, air quality and other environmental factors. The proposed Specific Plan Amendment implements General Plan economic goals through the establishment of polices and regulations supporting a logistics/warehouse building.
Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Staff recommends this finding.
3. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);
The proposed Specific Plan Amendment would amend the General Pan Land Use Map for the vacant 64-acre site to establish Planning Area to support development of a mixed-use commercial/industrial complex. The site is generally flat and squared-shaped to allow for development according to the Specific’s Plan standards and guidelines. Public streets fronting all property boundaries of the site provide adequate access, and no physical constraints to the proposed development have been identified. The Specific Plan’s amendment provides for a mix of uses that are compatible with surrounding industrial and commercial zones. Staff believes the subject parcel is physically suitable for the requested land use designation and anticipated development. Staff recommends this finding.
4. The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The proposed Specific Plan Amendment includes development regulations (zoning standards), design guidelines and review procedures to assure that future development of the site is of a desirable character, both functionally and esthetically. These regulations, guidelines and procedures will also assure that the commercial and industrial uses allowed on the site are compatible with surrounding commercial and industrial development. Staff recommends this finding.
5. The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
SR-22-259
The proposed Specific Plan Amendment will convert a small amount (11-acres) of industrially zoned land to commercial use. The mix of commercial and industrial uses on the site including a logistics/warehousing complex, will create employment and shopping opportunities for the Desert Hot Springs community. Staff believes that the proposed Specific Plan Amendment will contribute to a balance of land uses, within which local residents may both work and dine. Staff recommends this finding.
DESIGN REVIEW FINDINGS
Under Section 17.80.040 of the Desert Hot Springs Municipal Code, the Design Review may only be approved only if all of the following findings are made:
1. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and colors that will remain appealing and will retain a reasonably adequate level of maintenance;
The proposed logistics/warehouse building which is specifically labeled as an allowable “Use” with an approval of a Design Review within the table of permitted uses (Table 3.1, Desert Gateway Specific Plan Amendment) for Planning Area 2 (PA – 2) designation. The proposed development of the site and the project is consistent with the development standards and design guidelines, in reference to density, setbacks, height, open space, and architecture. Staff recommends this finding.
2. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards;
The proposed Specific Plan Amendment for the development of a 1,061,090 sq. ft. logistics/warehouse building on a vacant 52 acres site is consistent with the Zoning and General Plan land-use designations and is consistent with other development in the vicinity. The allowable building coverage is 75% for the SP/I-L zoning district. The project’s building footprint only proposes to cover approximately 46% of the site. Therefore, the project is of less intensity that what is allowed in the SP Development Standards.
Staff recommends this finding.
3. The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Zoning Ordinance and the General Plan; A logistics/warehouse building is specifically allowed as a “DR” (Design Review) within Planning Area 2 (PA – 2) of the Desert Gateway Specific Plan. The proposed development site is located in a partially developed area of the city and surrounding county lands. Development to the north and west are partially developed and to the east it is presently vacant. Land immediately to the south it is bounded by 20th Avenue and the I-10 Freeway. Staff recommends this finding.
TENTATIVE MAP FINDINGS
Under Section 16.24.150 of the Desert Hot Springs Municipal Code, the Commission shall deny the tentative map if it makes any of the following mandatory findings contained in Map Act Section 66474:
SR-22-259
1. That the proposed map is not consistent with the applicable general and specific plans as specified in Section 65451;
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems;
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
ATTACHMENTS:
EXHIBIT 1 - Resolution
EXHIBIT 2 - Draft Desert Gateway Specific Plan Amendment EXHIBIT 3 - Draft Addendum to the Mitigated Negative Declaration EXHIBIT 4 - Draft Conditions of Approval
EXHIBIT 5 - Ordinance Amending Chapter 17.190
EXHIBIT 6 - Proposed Site Plan
EXHIBIT 7 - Proposed Colored Elevations
EXHIBIT 8 - Proposed Material Board
EXHIBIT 9 - Tentative Parcel Map No. 38435
EXHIBIT 10 - Original Approved Specific Plan Desert Harvest Specific Plan EXHIBIT 11 - Original Staff Report Desert Harvest Specific Plan EXHIBIT 12 - Original Approved Site Plan Desert Harvest Specific Plan EXHIBIT 13 - Certified Mitigated Negative Declaration Desert Harvest Specific Plan EXHIBIT 14 - Comment Letter 1
EXHIBIT 15 - Comment Letter 2
EXHIBIT 16 - Response to Comments
1 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, TO 1) CERTIFY THE ADDENDUM TO
THE MITIGATED NEGATIVE DECLARATION FOR THE DESERT
GATEWAY SPECIFIC PLAN AMENDMENT (PRIOR NAME WAS
DESERT HARVEST SPECIFIC PLAN); 2) ADOPT THE MITIGATION
MONITORING PLAN; 3) APPROVE DESERT GATEWAY SPECIFIC
PLAN AMENDMENT NO. SP 22-3, 4) APPROVE TENTATIVE TRACT
MAP 22-3; 5) APPROVE DESIGN REVIEW 22-1 AND 6) ADOPT AN
ORDINANCE TO AMEND DESERT HOT SPRINGS MUNICIPAL CODE
CHAPTER 17.190, TITLED DESERT HARVEST SPECIFIC PLAN, TO
HARMONIZE IT WITH THE DESERT GATEWAY SPECIFIC PLAN
AMENDMENT NO. 22-3
WHEREAS, an applicant (“Applicant”) to the City of Desert Hot Springs, California (“City”), is requesting that the City 1) certify the Addendum to the Mitigated Negative Declaration for the Desert Gateway Specific Plan Amendment (prior name was Desert Harvest Specific Plan); 2) adopt the mitigation monitoring plan; 3) approve the Desert Gateway Specific Plan Amendment No. SP 22-3, 4) Approve Tentative Tract Map 22-3; 5) Approve Design Review 22-1 and 6) adopt an Ordinance to Amend Desert Hot springs Municipal code Chapter 17.190, titled Desert Harvest Specific Plan, to harmonize it with the Desert Gateway Specific Plan amendment No. 22-3 (the “Project”); and
WHEREAS, the City, acting as Lead Agency, has reviewed a draft Addendum to the Mitigated Negative Declaration (“MND”); and
WHEREAS, the underlying MND prepared for the underlying Desert Harvest Specific Plan was adopted on November 7, 2017; and
WHEREAS, on November 21, 2022, and following a duly noticed public hearing, the City’s Planning Commission reviewed a staff report, environmental documentation, draft findings and public testimony, and based thereon, adopted a recommendation to the City Council to approve the Project; and
WHEREAS, on December 6, 2022, and following a duly noticed public hearing, the City’s City Council reviewed the Planning Commission’s recommendation, staff report, environmental documentation, draft findings and public testimony, and based thereon, adopts this Resolution; and
WHEREAS, having reviewed and considered all testimony and materials made available to the City, including but not limited all environmental documents and reports,
1 the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the City Council adopted this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS
The above recitals are hereby incorporated herein.
Section 2. ADMINISTRATIVE RECORD
The City Council has considered all of the evidence submitted into the administrative record, including, but not limited to, the following:
(a) Desert Hot Springs Municipal Code and Desert Hot Springs General Plan; (b) All environmental documents, including but not limited to, the Addendum to the MND and its accompanying mitigation measures, the underlying MND and its accompanying mitigation measures, the public comments in responses thereto;
(c) The Planning Commission documents;
(d) The City Council documents;
(e) Staff Report;
(f) Staff presentation at the public hearing conducted at the City Council hearing;
(g) Testimony and/or comments from interested parties including the Applicant and its representatives submitted to the City in both written and oral form at, or prior to, the public hearing conducted at the City Council hearing;
(h) Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing conducted at the City Council hearing, supporting and/or opposing the Project.
Section 3. ENVIRONMENTAL FINDINGS.
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council determines:
In or about November 7, 2017, the City Council approved the Desert Harvest Specific Plan and certified a MND for same. On or about, June 17, 2022, the Applicant submitted an application for the Project. An analysis was prepared in conformance with California Environmental Quality Act (“CEQA”) Guidelines Section 15164 to determine whether and to what extent the previous MND remains sufficient to address the potential impacts of the Project or whether additional documentation is required by CEQA Guidelines Section 15162. The conclusion of the analysis is that substantial evidence supports the conclusion that an Addendum to the MND adopted by this
1 Resolution is the appropriate environmental review document. All previously adopted mitigation measures in the MND do apply and will continue to apply to the Project.
Pursuant to further analysis in the Addendum to the MND reflects the City’s independent judgment and analysis of the potential for environmental impacts from the Project. The Addendum to the MND demonstrates that: (a) there are no substantial changes proposed by the Project or in the circumstances in which the project will be undertaken that require major revisions of the MND; (b) the proposed revisions do not require preparation of a new subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration, either due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) the Project is consistent with the previous MND and would involve only minor changes. The Addendum is attached hereto as Exhibit “A” and all findings therein are incorporated.
Section 4. FINDINGS FOR ADOPTION OF SPECIFIC PLAN AMENDMENT 22-3, TENTATIVE TRACT MAP 22-3, and DESIGN REVIEW 22-1
The City Council finds that it has considered all of the evidence submitted into the administrative record for the proposed Project and incorporates the findings in the Staff Report as those findings relate to the Specific Plan Amendment 22-3, Tentative Tract Map 22-3, and Design Review 22-1.
Section 5. APPROVAL OF DESERT GATEWAYSPECIFIC PLAN
AMENDMENT (PROJECT)
The City Council: 1) certifies the Mitigated Negative Declaration Addendum, (attached in the staff report and incorporated herein); 2) adopts the mitigation monitoring plan (attached in the staff report and incorporated herein); and 3) approves Desert Gateway Specific Plan Amendment No. 22-3 (attached in the staff report and incorporated herein), 4) adopts the Tentative Tract Map 22-3, 5) approve the Design Review 22-1, and 5) adopts the Ordinance amending Chapter 17.190 (which Ordinance is a separate document).
Section 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which Resolution is passed and adopted.
Section 7. SEVERABILITY
That if any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction
1 or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 9. EFFECTIVE DATE
That this Resolution shall take effect pursuant to State law.
1 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the ____ of ____, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Prepared For:
City of Desert Hot Springs
Applicant:
EMRI Properties, Inc
Prepared By:
MSA Consulting, Inc.
DESERT GATEWAY
SPECIFIC PLAN
October 2022
DESERT GATEWAY SPECIFIC PLAN TABLE OF CONTENTS
i
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION & SETTING
1.1 Executive Summary ............................................................................................. 1
1.2 Purpose & Intent ................................................................................................... 2
1.3 Project Location and Site Characteristics ......................................................... 3
1.4 Background and History ...................................................................................... 7
1.5 Development Concept ...................................................................................... 7
1.6 Project Objectives................................................................................................ 8
1.7 General Plan & Zoning ........................................................................................ 9
1.8 CEQA ................................................................................................................... 11
1.9 Entitlement Process ............................................................................................ 12 CHAPTER 2: MASTER PLAN & INFRASTRUCTURE
2.1 Land Use Plan ..................................................................................................... 13
2.2 Planning Area Descriptions ............................................................................... 13
2.3 Conceptual Site Renderings ............................................................................. 14
2.4 Circulation........................................................................................................... 17
2.5 Landscaped Areas ............................................................................................ 20
2.6 Utilities .................................................................................................................. 21
2.7 Grading & Drainage .......................................................................................... 23
2.8 Phasing Plan ....................................................................................................... 25 CHAPTER 3: DEVELOPMENT STANDARDS
3.1 Overview ............................................................................................................. 26
3.2 Permitted Uses .................................................................................................... 26
3.3 Development Standards ................................................................................... 29 CHAPTER 4: DESIGN GUIDELINES
4.1 Overview ............................................................................................................. 31
4.2 Site Planning Guidelines .................................................................................... 31
4.3 Architectural Guidelines.................................................................................... 32
4.4 Landscape Guidelines ...................................................................................... 39 CHAPTER 5: PLAN ADMINISTRATION
5.1 Overview ............................................................................................................. 42
5.2 Implementation .................................................................................................. 42
5.3 Administration..................................................................................................... 43
5.4 Interpretation ...................................................................................................... 43
5.5 Enforcement ....................................................................................................... 44
DESERT GATEWAY SPECIFIC PLAN TABLE OF CONTENTS
ii
FIGURES
1.1 Regional Location Map ...................................................................................... 4
1.2 Aerial Photograph ................................................................................................ 5
1.3 Existing Site Conditions ......................................................................................... 6
1.4 General Plan and Zoning Maps .......................................................................... 9
2.1 Planning Areas .................................................................................................... 15
2.2 Conceptual Site Rendering ................................................................................ 16
2.3 Conceptual Circulation Plan ............................................................................. 18
2.4 Typical Roadway Classifications ....................................................................... 19
2.5 Existing Public Utilities ........................................................................................... 22
2.6 Conceptual Drainage Plan ............................................................................... 24
4.1 Plant Palette ......................................................................................................... 41
DESERT GATEWAY: SPECIFIC PLAN
1 CHAPTER I: INTRODUCTION & SETTING
1.1 Executive Summary
The Desert Gateway Specific Plan (Amendment No. 1 to the Desert Harvest Specific Plan) is a proposed 65-acre retail commercial, light industrial, and logistics development located on the northwest corner of 20th Ave and Calle De Los Ramos within the corporate limits of the City of Desert Hot Springs. This amendment to the Specific Plan (SP) is intended to allow for logistics and warehouse uses as permitted uses and also provide for updated development guidelines and regulations to allow for a fresh, contemporary development strategy. The Specific Plan will guide development of the property in a manner that is consistent with the City of Desert Hot Springs General Plan while also maintaining flexibility to respond to changing conditions that factor in any long-term development. This SP implements all applicable elements of the General Plan and includes detailed information about the site’s master plan and infrastructure improvements such as circulation, water, sewer, grading and drainage design. The amendment is organized in five chapters, as described below:
Chapter 1, Introduction & Setting: This section provides an overview of the document, the project setting and history, legislative authority for the Specific Plan, entitlement process and other contextual information.
Chapter 2, Master Plan and Infrastructure: This section describes the primary master plan components required for further development of the property. These include land use, circulation, open space and recreation, water and sewer, and grading and drainage.
Chapter 3, Development Standards: This section establishes the allowable uses and development standards applicable within the Specific Plan area.
Chapter 4, Design Guidelines: This section establishes the design guidelines applicable within the Specific Plan area.
Chapter 5, Plan Administration: This section describes the various processes and procedures used to administer and implement the adopted Specific Plan Amendment.
DESERT GATEWAY: SPECIFIC PLAN
2 1.2 Purpose and Intent
This SP Amendment is intended to guide future development and use of land within the Desert Gateway Specific Plan boundary, including the establishment of site-specific development standards and regulations. The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the City of Desert Hot Springs General Plan.
This document has been prepared pursuant to California Government Code Section 65450, which grants local governments the authority to prepare specific plans as a systematic means of implementing their General Plan. California Government Code Sections 65450 through 65454 establishes the authority to adopt a Specific Plan, identifies the required contents of a Specific Plan, and mandates consistency with the General Plan.
Per California Government Code Section 65451, a specific plan shall include a text and a diagram or diagrams which specify all of the following in detail:
▪ The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
▪ The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. ▪ Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. ▪ A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). ▪ The specific plan shall include a statement of the relationship of the specific plan to the general plan.
This Specific Plan Amendment defines the location, type and amount of development allowed within the Specific Plan area consistent with all requirements for Specific Plans identified in State Planning and Land Use Law as listed above and the Desert Hot Springs Municipal Code (DHSMC).
It will also establish standards intended to allow the project to respond to market conditions.
DESERT GATEWAY: SPECIFIC PLAN
3 1.3 Project Location & Site Characteristics
The Desert Gateway Specific Plan Area is located approximately 105 miles from the City of Los Angeles and the Pacific coast and approximately 240 miles from the Phoenix/Scottsdale metropolitan region. As shown on Figure 1.1, Regional Location Map, the project site is situated in the northwest portion of the Coachella Valley within the corporate limits of the City of Desert Hot Springs, Riverside County. The project is accessible from Interstate 10 by way of Indian Canyon Drive and 20th Avenue.
The Specific Plan consists of a single parcel containing approximately 65 acres (APN 666-370-019) on the northwest corner of 20th Ave and Calle De Los Ramos. The property consists of vacant desert land surrounded on the north and east by undeveloped land, on the south by 20th Avenue and the I-10 Freeway and on the east by commercial and industrial development. Site topography slopes from northwest to southeast with higher elevations ranging from 755 along the northwest corner of the property boundary to a low elevation of 718 along 20th Ave to the southeast. Figure 1.2, Aerial Photograph, and Figure 1.3, Existing Site Conditions depict the immediate vicinity and physical setting of the property. Surrounding land uses are listed in Table
1.1. TABLE 1.1
EXISTING AND SURROUNDING USES
Jurisdiction General Plan Zoning Existing Use
SITE Desert Hot Springs I: Industrial with Industrial
Cannabis Overlay
I-L: Light Industrial
with Industrial
Cannabis Overlay
Vacant Desert
NORTH
Desert Hot Springs I: Industrial with Industrial
Cannabis Overlay
I-L: Light Industrial
with Industrial
Cannabis Overlay
Desert Coachillin
Business Park,
Vacant Desert
SOUTH Desert Hot Springs I: Industrial with Industrial
Cannabis Overlay
I-L: Light Industrial
with Industrial
Cannabis Overlay
Vacant, Avenue
20, I-10 Fwy
EAST Desert Hot Springs I: Industrial with Industrial
Cannabis Overlay
I-L: Light Industrial
with Industrial
Cannabis Overlay
Vacant Desert,
Proposed Viento
Distribution Center
WEST Desert Hot Springs I: Industrial with Industrial
Cannabis Overlay
I-L: Light Industrial with
Industrial Cannabis
Overlay
Commercial, Industrial
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: U.S.G.S., RCTLMA, ESRI
REGIONAL LOCATION MAP
FIGURE 1.1
PAGE 4
SPECIFIC PLAN
AREA
CITY OF CITY OF DESERT HOT SPRINGS
PALM SPRINGSNorth Indian Canyon Drive
Interstate 10
20th Avenue
19th Avenue
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: City of Desert Hot Springs
AERIAL PHOTOGRAPH
FIGURE 1.2
PAGE 5
Legend
Specific Plan Area
City Limits
Interstate 10
20th Avenue
(±1/4 Mile)
755
718
750
750
745
745
740
740
735
735
730
730
725
725
720
To Indian
Canyon
Interchange
PROJECT SITE
APN: 666-370-019
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: City of Desert Hot Springs
EXISTING SITE CONDITIONS
FIGURE 1.3
PAGE 6
Legend
Project Boundary
755
718
745 Existing Index Contours
Existing Project High Point
Existing Project Low Point
DESERT GATEWAY: SPECIFIC PLAN
7 1.4 Background and History
The Desert Gateway Specific Plan was originally approved by the Desert Hot Springs City Council on November 7, 2017 as the “Desert Harvest Specific Plan.” The Specific Plan was intended to facilitate the development of a mixed-use commercial and industrial project and allow for the development of a 1,500,000 sf marijuana cultivation campus. In addition to approval of the Specific Plan, a Tentative Parcel Map (TPM), Conditional Use Permit (CUP), Development Agreement (DA), General Plan Amendment (GPA), and Zone Text Amendment (ZTA), were processed as part of the original entitlement approvals for the property. The TPM and CUP have since expired and the property has not been developed. In 2008, prior to approval of this Specific Plan, a 1.4M square foot industrial distribution center was proposed on the site when the property was still under County jurisdiction, but never approved.
1.5 Development Concept
The Desert Gateway Specific Plan Amendment proposes to develop a mixed-use project on approximately 65 acres within two distinct planning areas that would provide for a variety of retail commercial, logistics, and light-industrial uses. Such uses allowed within the Specific Plan include but are not limited to:
▪ Hospitality Uses (up to 150 hotel keys);
▪ Commercial Retail (up to 42,000 SF); and
▪ Logistics / warehouse / distribution, and light industrial uses (up to 1,060,000 sf) As listed above, this SP Amendment is anticipated to allow for the development of up to 150 hotel keys, 42,000 sf of commercial retail space, and up to 1,060,000 sf of logistics / light industrial uses.
The project will also incorporate site improvements such as parking, circulation, storm water, utilities, and landscape areas as discussed in detail in Chapter 2 of this Specific Plan. Chapter 4 of this Specific Plan provides design guidelines and development standards to ensure quality project design that is compatible with the existing built environment and with the Goals and Policies of the City of Desert Hot Springs General Plan. This Specific Plan Amendment intends to provide a degree of flexibility for future developers to design projects that respond to market demand. The Desert Gateway Specific Plan amendment will supersede the development guidelines and regulations of the previous version of the Specific Plan to allow for a fresh, contemporary development strategy for the 65 acres.
DESERT GATEWAY: SPECIFIC PLAN
8 1.6 Project Objectives
Various issues were considered and evaluated during the preparation of this Specific Plan Amendment. Engineering feasibility, water efficiency, General Plan goals, and compatibility with surrounding land uses were considered during the planning process. In order to ensure the functional integrity, economic viability, environmental sensitivity, and positive aesthetic contribution of this development, unique project objectives were established as follows:
▪ Promote quality development consistent with the goals and policies of the Desert Hot Springs General Plan.
▪ To provide a well-designed, visually attractive, commercial development fronting the Interstate-10 Freeway.
▪ Develop a thoughtfully planned and integrated project to allow for a variety of uses including but not limited to commercial retails, hotels, logistics, warehouse, distribution, and light industrial Uses
▪ Provide a comprehensive land use plan that establishes development standards, land use regulations, and programs to guide the orderly transition/development of the property.
▪ Accommodate phasing that provides for multi-year project development in an orderly and efficient manner.
▪ Provide flexible development regulations that allow future projects to be entitled quickly and easily in response to market demand and evolving design needs. ▪ Establish design guidelines, development regulations, use standards and procedures that result in cohesive and attractive landscape and architectural treatments. ▪ Provide a safe and efficient circulation system;
▪ Provide water, sewer, and drainage systems to adequately service the project;
DESERT GATEWAY: SPECIFIC PLAN
9 1.7 General Plan and Zoning
General Plan - The Desert Hot Springs General Plan establishes the City's policy relative to the planned future pattern, intensity, and density of land uses in the City and the various infrastructure systems needed to effectively support those land uses. The Specific Plan implements the General Plan by bringing detailed policies and regulations together into a focused development plan and program for the Specific Plan Area. The Specific Plan is a regulatory document which, when adopted by the Desert Hot Springs City Council, will govern all facets of project development including the distribution of land uses, location and sizing of master planned infrastructure, as well as development standards and regulations.
Zoning - Zoning implements the General Plan land use by applying appropriate development standards for allowable uses, minimum lot size, setbacks and similar development considerations.
Figure 1.4, General Plan & Zoning Maps, displays the existing General Plan Land Use and Zoning designattions for this site as “I: Industrial with Industrial Cannabis Overlay” and “I-L: Light Industrial with Industrial Cannabis Overlay” respectively, allowing a broad range of industrial and commercial uses. The Specific Plan is a mixed-use project that allows light industrial and commercial uses consistent with and permitted by the existing land use and zoning classifications.
Interstate 10
20th Avenue
North Indian Canyon Drive
Calle De Los Romos PROJECT SITE DESERT HARVEST SPECIFIC PLAN C
I COACHILLIN SPECIFIC PLAN
Interstate 10
20th Avenue
North Indian Canyon Drive
Calle De Los Romos C-H I-L C-BP PROJECT SITE DESERT HARVEST SPECIFIC PLAN COACHILLIN SPECIFIC PLAN MSA CONSULTING INC. MSACONSULTINGINC.COM , >PLANNING >CIVIL ENGINEERING >LAND SURVEYING Exhibit Date: June 22, 2022 DESERT GATEWAY: SPECIFIC PLAN Source: City of Desert Hot Springs EXISTING GENERAL PLAN & ZONING FIGURE 1.4 PAGE 9 Commercial Legend Specific Plan Boundary Highway Commercial Business Park C-H General Plan Zoning C-BP I-L Light Industrial Existing General Plan Existing Zoning SP Specific Plan Industrial Cannabis Overlay Industrial C
I Industrial Cannabis Overlay
DESERT GATEWAY: SPECIFIC PLAN
11 1.8 CEQA
The project is subject to the requirements of the California Environmental Quality Act (CEQA).
Pursuant to the CEQA Guidelines, an Initial Study has been prepared for the Specific Plan Amendment to analyze the environmental impacts of the project.
No adverse impacts were identified that could not be mitigated to a level of less than significant.
Therefore, the City will prepare an addendum to the previously approved Mitigated Negative Declaration (MND) containing an evaluation of potential environmental impacts associated with the project and appropriate mitigation measures for each potential impact. All mitigation measures identified in the addendum shall be identified in a Mitigation Monitoring and Reporting Program (MMRP) to ensure that implementation occurs.
The amended MND will apply to all subsequent implementing entitlements proposed within the Specific Plan Amendment boundary. All future development projects for the project site will be reviewed with the Specific Plan and the MND to determine whether additional environmental documentation must be prepared pursuant to CEQA Guidelines.
DESERT GATEWAY: SPECIFIC PLAN
12 1.9 Entitlement Process
Approval of the following entitlements will implement this project:
Specific Plan Amendment (SPA) – The SPA will cover approximately 65 acres to provide refreshed comprehensive development guidelines, allowable uses, and development standards. The SP requires public hearings before the Planning Commission (Commission) and the City Council (Council) for approval.
Zone Text Amendment (ZTA) – The ZTA will amend Chapter 17.190 DESERT HARVEST SPECIFIC PLAN of the DHSMC to reflect the development standards in Chapter 3 of this amended Specific Plan.
Tentative Parcel Map (TPM)/Tentative Tract Map (TTM) – TPM/TTMs may be used to implement the project and subdivide the property into smaller parcels/lots for development or sale. TPM/TTMs may be filed with each phase of development as necessary in accordance to DHSMC and the Subdivision Map Act. Each TPM/TTM will require review by the Planning Commission.
Design Review (DR) – Future development projects within the Specific Plan Amendment area shall follow the Design Review process as outlined in Chapter 17.80 of the DHSMC. This is intended to ensure that project architecture, landscape, and site design have been reviewed by the by the Planning Commission and are found consistent with this Specific Plan Amendment. The DR process will cover most non-cannabis uses and serve as the review process for new construction / detailed development proposals within the SP. It is expected that multiple Design Review Permits may be submitted in phases up to the total buildout allowed by the Specific Plan.
Conditional Use Permit (CUP) – Development of Marijuana cultivation and Cannabis Uses requires approval of a CUP in compliance with Sections 5.50 and 17.180 of the Desert Hot Springs Municipal Code. The CUP requires public hearings before the Planning Commission (Commission) for approval.
Regulatory Permit (RP) – Operation of Marijuana cultivation and dispensary facilities requires approval of a RP in compliance with Sections 5.50 and 17.180 of the Desert Hot Springs Municipal Code. The RP requires approval by the Cannabis Compliance Department after issuance of a Certificate of Occupancy (C of O).
Final Parcel / Tract Map – Following TPM/TTM approval, the applicant must record a Final Parcel or Tract Map to create legal lots. Prior to recordation, the applicant must satisfy all conditions of approval. The final map reflects the requirements, standards, design and intent of the approved TPM / TTM, as determined by the City Engineer.
Lot Line Adjustment (LLA) – If necessary, to adjust existing parcel lines providing a flexibility to adjust parcel acreages to facilitate future development projects. The LLA will require approval by the City of Desert Hot Springs Engineering Department.
DESERT GATEWAY: SPECIFIC PLAN
13 CHAPTER 2: MASTER PLAN
2.1 Land Use Plan
The Specific Plan Amendment would facilitate construction of up to 1,060,000 sf of logistics, warehousing, and light industrial space, 42,000 sf of retail commercial, and 2 hotels totaling up to 150 keys within two distinct Planning Areas. Locations and site layouts of these uses are undefined but depicted for illustrative purposes in Figure 2.2, – Conceptual Site Rendering. Implementing entitlement approvals may adjust the size, location and configuration of these uses as outlined in Section 1.10. Each Project component is described below and accompanied by a detailed discussion of permitted uses and relevant development standards in Chapter 3. Table 2.1 provides a summary tabulation of uses and square footages within the project.
TABLE 2.1
LAND USE SUMMARY
Notes:
1. Refer to Chapter 3: Development Standards for heights, allowable uses, and other development standards.
2.2 Planning Area Descriptions
The Specific Plan is broken into two Planning Areas, each corresponding with a basic land use component. In addition an Industrial Cannabis Overlay (per City Land Use and Zoning Maps) exists over the two Planning Areas will allow for the development of marijuana related uses as outlined in the Desert Hot Springs Municipal code. Figure 2.1, Planning Areas illustrates the location of the two planning areas.
Planning Area I (PA-I) – Retail Commercial
PA-I consists of approximately 11 acres of land and will allow for community commercial uses.
Representative uses within this planning area include restaurants (including drive-thru), hotels, and commercial retail. A comprehensive list of allowable uses within PA-1 is provided in Chapter 3, Table 3.1 Permitted Uses.
Planning Area II (PA-II) – Light Industrial, Logistics, and Warehousing.
PA-II consists of approximately 53 acres of land and will allow for a variety of uses such as light industrial, logistics, warehousing, and cannabis cultivation. A comprehensive list of allowable uses is provided in Chapter 3, Table 3.1 Permitted Uses.
PLANNING AREA Acres Max SF Max # of Keys
PA-1 (Retail Commercial) 11 Up to
42,000 sf
Up to 150 Keys
PA-2 (Light Industrial, Logistics, and
Warehousing)
53 Up to
1,060,00 SF
Total 64
150 Keys
2. Max SF for PA-2 may increase a maximum of 10% dependent on final site plan and layout.
DESERT GATEWAY: SPECIFIC PLAN
14 2.3 Conceptual Site Rendering
The illustrative site plans shown in Figure 2.2, Conceptual Site Rendering is conceptual and subject to change as the project’s design, land use acreages, uses, and building locations are finalized.
A final development plan will ultimately depend on the retail and industrial projects proposed for the site. The illustration included here is meant to demonstrate a hypothetical scenario of what such a development could look like.
PA 2
Calle De Los Romos
20th Avenue
LIGHT INDUSTRIAL / LOGISTICS
PA 1
COMMERCIAL RETAIL
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: MSA Consulting, Inc.
PLANNING AREAS
FIGURE 2.1
PAGE 15
Legend
Project Boundary
Planning Area 1
Planning Area 2
Planning Area Boundary
Area
10.7 ac.
52.7 ac.
-
-
Calle De Los Romos
20th Avenue
PA 2
LIGHT INDUSTRIAL / LOGISTICS
PA 1
COMMERCIAL
RETAIL
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: MSA Consulting, Inc.
CONCEPTUAL SITE RENDERING
FIGURE 2.2
PAGE 16
Legend
Project Boundary
Planning Area Boundary
DESERT GATEWAY: SPECIFIC PLAN
17 2.4 Circulation
Vehicular and pedestrian circulation systems are an important component of every development project. The Desert Getaway project has direct and convenient vehicular access to the Interstate 10 Freeway via Indian Canyon Drive and 20th Avenue, a paved road not fully constructed to current standards. The southern commercial areas would be accessible to the public during normal business hours while the northern light industrial area has the option to be fenced, gated and accessed only by authorized 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 Circulation system is illustrated in Figure 2.3, Circulation Plan and Figure 2.4, Typical Road Sections. Key aspects of the circulation system include:
Entries - Vehicular access to the site is taken from 20th Avenue via driveways to each Planning Area. Entries would include landscaping, entry signage, and pedestrian walkway connections.
The light industrial / logistic area (PA-2) may also include a manned gatehouse to control access to the facility.
Vehicular Circulation - The vehicular circulation system consists of an interior network of drive aisles that provide access to the parking, loading and service areas associated with each commercial and industrial building. Drive aisles will be 24-30 feet wide as needed for consistency with Fire Department access standards.
Pedestrian Circulation – Pedestrian circulation to commercial buildings is provided via public sidewalks on 20th Avenue and CalleDe Los Romos. Each commercial entry incorporates walkway connections to allow pedestrian access from the surrounding public streets.
Parking – Sufficient off-street parking is provided to serve each use. Parking standards for each Planning Area are described in Chapter 3, Development Standards (Tables 3.1B, Table 3.2B, Table
3.3B) of this document.
Loading – Loading areas suitable for various vehicle types, including semi-trucks will be provided at the northernmost processing building and accessible via a primary and secondary service gate on Calle De Los Romos. Vehicles would enter through the northerly gate, proceed to the processing building, load/unload, then exit through the southerly gate.
Interstate 10
20th Avenue
Calle De Los Romos
PA 2
LIGHT INDUSTRIAL / LOGISTICS
PA 1
COMMERCIAL RETAIL
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: MSA Consulting, Inc.
CONCEPTUAL CIRCULATION PLAN
FIGURE 2.3
PAGE 18
Legend:
Calle De Los Romos (78' R/W)
(Per City of Desert Hot Springs General Plan)
Planning Area Boundary
20th Avenue (88' R/W)
(Per City of Desert Hot Springs General Plan)
Project Boundary Proposed Driveway Location
1 Notes:
1. Final locations and number of access
points may be adjusted subject to final
design.
12' 12' 12' 44' IMPROVEMENTS BY OTHERS 88' ULTIMATE R/W 44' PROPOSED IMPROVEMENTS 39' IMPROVEMENTS BY OTHERS 78' ULTIMATE R/W 39' PROPOSED IMPROVEMENTS 11' 5' 6' 6' 5' CL 26' - 40' INTERIOR DRIVE WAY 11'CL R/W N.T.S. 20TH AVENUE LANDSCAPED PROP. SIDEWALK PROP. CURB & GUTTER PROP. BY OTHERS R/W FUTURE PARKWAY N.T.S. LANDSCAPED PARKWAY LANE FUTURE SIDEWALK FUTURE CURB & GUTTER CALLE DE LOS ROMOS N.T.S. PROP. SIDEWALK PROP. CURB & GUTTER R/W PROP. BY OTHERS R/W FUTURE FUTURE SIDEWALK FUTURE CURB & GUTTER 12' LANE 12' LANE 12' LANE 8' 8' BIKE LANE BIKE LANE 28' 28' PROP. WEDGE CURB PROP. WEDGE CURB MSA CONSULTING INC. MSACONSULTINGINC.COM , >PLANNING >CIVIL ENGINEERING >LAND SURVEYING Exhibit Date: June 22, 2022 DESERT GATEWAY: SPECIFIC PLAN Source: City of Desert Hot Springs & Riverside County TYPICAL ROADWAY CLASSIFICATIONS FIGURE 2.4 PAGE 19 Page 46 of 1191 DESERT GATEWAY: SPECIFIC PLAN
20 2.5 Landscaped Areas
Landscaping is an important component of quality development as it introduces greenery to soften and shade urban hardscape. Design Guidelines are found in Section 4.3. Key aspects of the landscape design include:
Public Streetscapes – Landscaping along the length of 20th Ave and Calle De Los Ramos is intended to achieve a consistent and attractive presentation and soften the project when viewed from the public street while also allowing visibility of commercial buildings and signage. Detailed landscaped sections are provided in Section 4.3.
Entries – Site entries will be attractively landscaped to provide a sense of identity and distinctiveness for the project Entries will be well designed with integrated plant materials, vertical elements and signage that makes a defining statement as residents and customers enter the project. Typical entry landscape treatments are illustrated in Section 4.3.
Parking Lots – Planter islands will be spaced throughout the parking areas to incorporate shade trees and reduce heat generation on paved surfaces consistent with City parking lot shading requirements. Section 4.3 provides further direction and detail for parking lot shading strategies
DESERT GATEWAY: SPECIFIC PLAN
21 2.6 UTILITIES
The Specific Plan will be provided with utility service as shown in Figure 2.5 Existing Public Utilities and described as follows.
Domestic Water – Domestic water is provided by the Mission Springs Water District (MSWD). A network of water lines within the interior of the project will convey domestic water to buildings throughout the project. The first point of connection will be to an existing 18-inch water line in 20th Avenue while the second will be to a new 12-inch water line to be constructed in Calle De Los Romos.
Wastewater – Wastewater service is also provided by MSWD. Wastewater disposal will be provided via a public sewer line in 20th Ave to the new, permanent MSWD Sewer Treatment Plant east of the project. As of the writing of this document, MSWD has began construction of the first phase of the treatment plant. Dry sewer will be installed within the project for future connection to the public trunk line leading to the treatment plant when available.
Electricity – Electrical service is provided by Southern California Edison (SCE). The Garnett Hill Substation lies approximately one quarter mile to the southwest with distribution lines running across the I-10 Freeway to the project site. 12.5 kV and 33 kV above ground electrical lines run slightly west and parallel to the west property line and also along the property frontage underground within 20th Avenue. SCE has provided a will-serve letter for the project.
Natural Gas – 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 19th Avenue, then south to the northwest corner of the project where it would be available for use on-site. As an alternative or supplement to electrical service by SCE, power production via a private natural gas co-generation system may also be considered.
Interstate 10
20th Avenue
Indian Canyon Drive 19th Avenue
Little Morongo Road
Garnet Avenue
Existing Power Plant Subject
Property Future 10 MGD MSWD Treatment Plant (Phase 1 Currently Under Construction) Garnet Substation Existing Electric Line 12.5KV Existing Electric Line 33KV,12.5KV MSWD Well Site Existing H.P. Gas Line Existing H.P. Gas Line MSA CONSULTING INC. MSACONSULTINGINC.COM , >PLANNING >CIVIL ENGINEERING >LAND SURVEYING Exhibit Date: June 22, 2022 DESERT GATEWAY: SPECIFIC PLAN Source: Utility Agencies EXISTING PUBLIC UTILITIES FIGURE 2.5 PAGE 22 Legend: Project Boundary Existing High Pressure Gas Line Existing 18 Inch Water Line Existing Electric Line Notes: Information shown is conceptual only. Final engineering design plans may deviate.
DESERT GATEWAY: SPECIFIC PLAN
23 2.7 Grading & Drainage
Site topography slopes from northwest to southeast with higher elevations ranging from 755 along the northwest corner of the property boundary to a low elevation of 718 along 20th Ave to the southeast. Because grading and drainage are closely interrelated, they are addressed jointly in this section.
Site grading will create building pads and parking areas while intending to keep the earthwork balanced on site. Because the site has a slight relative grade, the final design will not deviate greatly from existing conditions and will be defined/customized in greater detail as subsequent entitlement projects are proposed. Grading will achieve positive surface flows and protect all structures and physical improvements from the 100-year storm through surface runoff into retention basins either above or below the finished surfaces. The incremental increase in storm water runoff from an existing condition to the new developed condition, created by impervious surfaces (roofs, pavement), will be retained on site. Soil erosion and water quality will be protected both during and after construction is completed by incorporating the landscaping into these facilities as available.
As shown in Figure 2.7, Conceptual Drainage, surface drainage will generally be conveyed from northwest to southeast through the site, via surface parking and drive aisles and captured in retention facilities at the lower end of the property. A stormwater drainage system will be designed and detailed with specificity as the final development proposals are put into place. The number, location, configuration and depth of drainage pipes and basins as well as the specific flow path through the site will be determined with those specific development proposals as they are submitted to the City for review. Retention basins and storm drain pipes will be sized appropriately for each phase of the project using standard engineering modelling methods which will be reviewed and approved by the Engineering Services Division of the City.
Interstate 10 20th Avenue
Calle De Los Romos
R
R
750
745
740
735
730
725
R
MSA CONSULTING INC.
MSACONSULTINGINC.COM
, >PLANNING >CIVIL ENGINEERING >LAND SURVEYING
Exhibit Date: June 22, 2022
DESERT GATEWAY: SPECIFIC PLAN
Source: MSA Consulting, Inc.
CONCEPTUAL DRAINAGE PLAN
FIGURE 2.6
PAGE 24
Legend:
Project Boundary
750 Existing Index Contours
Proposed Retention
Site Drainage Flows
R
Note: This exhibit is conceptual only and depicts the general drainage characteristics of the site. Detailed drainage design will be provided with implementing projects. Refinements may include the interior flow path through the site and the number, location, and configuration of retention facilities subject to approval by the City.
DESERT GATEWAY: SPECIFIC PLAN
25 2.8 Phasing
Development of the Desert Gateway Specific Plan may occur as a single mixed-use project by a single developer or incrementally as multiple developers propose individual component projects.
Phasing is allowed so long as each phase accommodates future phases with the orderly extension of circulation, parking, utilities, and infrastructure in accordance with the final conditions of approval for each project and the City’s Public Works Department
DESERT GATEWAY: SPECIFIC PLAN
26 CHAPTER 3: DEVELOPMENT STANDARDS
3.1 Overview
This chapter identifies the development standards applicable to the Desert Gateway Specific Plan. The establishment of the site-specific development standards set forth in this chapter are intended to guide orderly development within the Specific Plan area, while also maintaining some flexibility to respond to changing conditions which may be a factor in any long-term development.
3.2 PERMITTED USES
Development standards for the Desert Gateway Specific Plan are shown in Table 3.1 Permitted Uses.
TABLE 3.1
PERMITTED USES
Allowable Uses1 PA-1 PA-2
P-Permitted Use, DR - Design Review, C – Conditional Use Permit, Blank – Not Allowed.
Commercial Retail
Hotel DR -
Banks and Financial Services DR -
Convenience Stores DR -
Cycling/Motorcycle Stores DR -
Drive-in and Drive-through Sales DR -
Drug Stores DR -
Dry Cleaners DR -
Entertainment Facilities DR -
Food Products DR -
Grocery Stores and Markets DR -
Health/Fitness Facilities DR -
Indoor Recreation Facilities DR -
Liquor Stores DR -
Marijuana Dispensaries DR -
Medical Services DR -
Motor Vehicle Fueling/Service Stations DR -
DESERT GATEWAY: SPECIFIC PLAN
27 Commercial Retail Uses Continued
PA-1 PA-2
Offices DR -
Personal Services DR -
Pet Grooming DR -
Printing/Publishing DR -
Restaurants, with alcoholic beverages DR -
Restaurants, Drive In DR -
Retail Stores, General Merchandise DR -
Shopping Centers DR -
Studios DR -
Wholesaling DR -
Accessory uses (customarily incidental to a permitted
use when located on the same site with the main
building and use.)
DR
-
Commercial Gardening DR -
Crop Production DR -
Food Products DR -
Testing Laboratories DR -
Cannabis Cultivation
Commercial Gardening - DR
Crop Production - DR
Food Processing - DR
Motor Vehicle Fueling - DR
Light Manufacturing Facilities - DR
Marijuana Cultivation - CUP
Marijuana Manufacturing /Extraction / Processing - CUP
Marijuana Distribution/ Packaging/ Shipping - CUP
Marijuana Testing Laboratories - CUP
Mixed Use Industrial/Offices - DR
Offices - DR
Security Services - DR
Storage - DR
Utilities - DR
DESERT GATEWAY: SPECIFIC PLAN
28 Interim Marijuana Facilities1 - DR
Accessory uses (customarily incidental to a permitted
use when located on the same site with the main
building and use.)
- DR
Logistics, storage, and distribution
Wholesale, storage, and / or distribution centers
(including high-cube warehouses) - DR
Accessory uses (customarily incidental to a permitted
use when located on the same site with the main
building and use.)
- DR
Notes:
1. Cultivation projects with multiple uses may incorporate all uses under a common CUP application.
2. All uses listed in the City’s Light Industrial (I-L) w / Cannabis Overlay Zone that are not specified in the table above for PA-2 shall be allowed in PA-2 subject to the appropriate permit type as described in Section 17.16.020 Permitted uses of the Desert Hot Springs Municipal Code (DHSMC)
3. The general review authority (Planning Commission, City Council, etc.) for the subject permits above shall be determined as outlined in the DHSMC.
DESERT GATEWAY: SPECIFIC PLAN
29 3.3 DEVELOPMENT STANDARDS
Development standards for the Desert Harvest Specific Plan Amendment area are shown in Table 3.2 and Table 3.3 below.
TABLE 3.2
PA-1 DEVELOPMENT STANDARDS
Min Lot Size 5,000 sf
Min Front Setback 20 ft
Min. Side Setback Zero
Min. Rear Setback Zero
Min Distance between Buildings 20 ft1
Max. Structure Height 35 ft
Max Building Coverage 35%
Off Street Parking2
Marijuana Dispensaries: 1 space/250 SF
Restaurant (Sit Down): 1 space/75 SF GFA
Restaurant (Drive Through): 1 space/100 SF GFA
Hotel: Per City Code
Notes:
1. Unless attached buildings are proposed, where no side yard or building separation would be required.
2. Any use not listed would be in accordance with DHS Municipal Code 17.48.040.
DESERT GATEWAY: SPECIFIC PLAN
30 TABLE 3.3
PA-2 DEVELOPMENT STANDARDS
Min Lot Size 20,000 sf
Min. Public Street Setback 20 ft
Min. Side Setback 1,2 10 ft
Min. Rear Setback 10 ft
Min Distance between Buildings 1,2 20 ft1
Max Height3, 5 stories / 100 ft
Max Building Coverage 75%
Off Street Parking4
Office/Administration
▪ 1 space/ 250 SF
Manufacturing/Processing
▪ 1 space/750 SF
Laboratory
▪ 1 space/750 SF
Marijuana Cultivation
▪ 1 space/2,500 SF 5
Warehousing / Logistics
▪ 1/750 sq. ft. of gross floor area for the
first 20,000 sq. ft.;
▪ 1/ea. 2,000 sq. ft. of gross floor area
for the second 20,000 sq. ft.;
▪ 1/ea. 4,000 sq. ft. of gross floor area
for areas in excess of the initial 40,000
sq. ft
Notes:
1. Except when attached buildings are proposed where side yard or building separation would not be required.
2. For PA3, all interior lot lines would be considered side yards.
3. Height measured from surrounding finished grade. Basements are allowed but do not count toward overall building height or number of stories.
4. Any use not listed would be in accordance with DHS Municipal Code 17.48.040
5. Including hallways, mechanical rooms, elevator shafts, stairways, storage areas, restrooms, locker rooms, packaging rooms, break rooms and similar support areas within buildings where cultivation is the primary function.
DESERT GATEWAY: SPECIFIC PLAN
31 CHAPTER 4: DESIGN GUIDELINES
4.1 Overview
The guidelines contained in this chapter identify unifying elements for design of site planning, permanent buildings, and landscaping within the Desert Gateway Specific Plan. These guidelines will ensure compatibility with the surrounding environment and promote high-quality design within the SP area. This comprehensive approach represents a more understandable and predictable role in shaping the physical future by emphasizing building form and landscape design. The exhibits provided are intended as conceptual illustrations and do not depict final designs, nor should they limit the range of expression among the developer or their professional design team.
4.2 Site Design Guidelines
Retail Commercial (PA-1) Site Design Guidelines.
▪ Site design should be compatible with surrounding land uses and the 20th Ave and Calle De Los Ramos site frontages.
▪ Uses that are developed should complement other uses onsite and be compatible with the overall vision of the Specific Plan.
▪ Entries shall be clear, identifiable, and street oriented driveways must be provided at the project and parking entrances. Parking entrances should be designed to ensure safe pedestrian access and provide clean line-of-sight-walkways. ▪ Entry and access point should create a sense of arrival. This can be achieved by the use of landscaping, entry monuments, lighting, and other design elements. ▪ Internal vehicular circulation shall be designed to minimize conflicts between traffic and pedestrian paths of travel.
▪ Landscaping along 20th Ave and Calle De Los Ramos should be designed to provide for views of commercial buildings and uses.
▪ Parking lots shall be partially screened from view by use of low walls, grade changes, landscaping, or other screening techniques.
▪ Trash enclosures and maintenance equipment shall be screened from public view.
DESERT GATEWAY: SPECIFIC PLAN
32 Light Industrial (PA-2) Site Design Guidelines.
▪ Site design should be compatible with surrounding land uses and the 20th Ave site frontage. ▪ Uses that are developed should complement other uses onsite and be compatible with the overall vision of the Specific Plan.
▪ Entries shall be clear, identifiable, and street oriented driveways must be provided at the project and parking entrances. Parking entrances should be designed to ensure safe pedestrian access and provide clean line-of-sight-walkways. ▪ Entry and access point should create a sense of arrival. This can be achieved by the use of landscaping, entry monuments, lighting, and other design elements. ▪ Internal vehicular circulation shall be designed to minimize conflicts between traffic and pedestrian paths of travel.
▪ Perimeter security fencing may consist of a maximum 8-foot high tubular steel or wrought iron fencing complimentary to the site architecture.
▪ Effective softening of parking and driveway areas with landscaping, buffering, and groundcovers shall be provided.
▪ Trash enclosures and maintenance equipment shall be screened from public view. ▪ For Cannabis uses, perimeter landscaping along Calle De Los Romos will be designed so as not to obscure views into the project in compliance with City Police Department standards for marijuana cultivation projects.
4.3 Architectural Design Guidelines
The following architectural design guidelines are intended to ensure high level architectural quality and creative design for development within the Desert Gateway Specific Plan. These guidelines do not promote a specific architectural style but rather establish guidelines that direct building form, massing, and high-quality architectural designs. This Specific Plan allows for a wide range of commercial and industrial uses. It is therefore anticipated that the site will be developed with a range of architectural styles, materials, and building types. The guidelines established in this section will ensure that all development within this Specific Plan is complementary within the Specific Plan and with the surrounding community. All projects within this Specific Plan Amendment must be consistent with the design guidelines and features covered in this section.
The following guidelines will create a design framework to help developers and the City implement the project.
DESERT GATEWAY: SPECIFIC PLAN
33 Architectural Style
Though no particular architectural style is promoted within the Specific Plan, project architecture should be compatible and complimentary to surrounding architecture within the project and the existing surrounding development.
Architectural diversity within the project should be encouraged via the use of different, but complimentary architectural styles. For example, different architecture styles can and should be used to differentiate between retail and warehouse / logistics uses providing visual cues to suggest or identify the different types of uses.
Architectural Character
The images provided in the section are intended to present some examples of the design intent and features described in the SP’s architectural guidelines. The images are not intended to promote any particular architectural style but rather depict design features (such as massing, form, materials, etc.) representative of the types of developments that would be compatible within the Specific Plan. The images shown in these figures are purely conceptual and future developments are not required to match in terms of intensity or architectural style.
Planning Area 1 (Commercial Retail) – Architectural Design Guidelines ▪ Interesting and varied materials to include different plaster textures, stone tile, ceramic or porcelain tiles, cementitious simulated wood materials, various metals and finishes ▪ 3-dimensional massing of forms with offsets to create shadow lines, opportunities to change color and materials, and to create a more welcoming human scale. ▪ Roof lines that are varied so as to further enhance and support the 3 dimensional quality of the architecture.
DESERT GATEWAY: SPECIFIC PLAN
34 ▪ Roof types that are consistent with the architectural style, massing and scale of the building.
▪ Windows and glass walls that are recessed in thickened walls where practical to further create shadow lines and shade the glass.
▪ Awnings and shade structures are encouraged as much as possible to create another layer to the architecture and provide additional shade opportunities ▪ Buildings should be oriented so that public access or windows face areas of pedestrian activity, such as parks, public plazas, and pedestrian pathways.
DESERT GATEWAY: SPECIFIC PLAN
35 ▪ Articulation, window area and façade variation shall be employed to avoid blank, featureless wall spaces, except where the blank wall is thoughtfully incorporated as a break or relief from a heavily articulated section of the building. In such cases, scale and proportions are to be carefully considered.
▪ Building facades and design concepts should be reflective of building, structure, and scale.
▪ Drive-Thru Restaurants, if any, are to incorporate earth berming and landscaping so that the cars in the drive-thru aisle are reasonably screened from 20th Ave while still allowing visibility of the restaurant. Any shade canopies that are part of the drive-thru are to be integrated into the architecture.
▪ Energy efficiency is encouraged through the use of window overhangs, arcades, solar water heating, advanced heating and cooling systems, or other conservation measures.
DESERT GATEWAY: SPECIFIC PLAN
36 Planning Area 2 (Logistics / Industrial) – Architectural Design Guidelines ▪ Simple geometric forms with appropriate use of massing and scale are encouraged. ▪ A consistent architectural style is encouraged to be used for a building and associated accessory structures.
▪ Building facades should be reflective of building, structure, and scale. ▪ Articulation, window area and façade variation shall be employed to avoid blank, featureless wall spaces, except where the blank wall is thoughtfully incorporated as a break or relief from a heavily articulated section of the building. In such cases, scale and proportions are to be carefully considered.
▪ Buildings should be constructed with durable and high-quality materials that can withstand the desert environment.
DESERT GATEWAY: SPECIFIC PLAN
37 ▪ Pedestrian access to buildings accessible to visitors should be easily identifiable through use of massing, building materials, and or colors.
▪ Roof top and mechanical equipment shall be screened from public view. ▪ Roof top screening shall be integrated as part of building structure. ▪ Wall mounted equipment shall be screened from public view, screening is encouraged to be integrated as part of building structure.
▪ Ground mounted equipment (such as generators, storage tanks, etc.) shall be screened from pubic view. Appropriate screening techniques may include fencing, landscaping, etc.
DESERT GATEWAY: SPECIFIC PLAN
38 Materials
Though no specific architecture style is promoted within the Specific Plan, materials and finishes should be compatible and complimentary to surrounding architecture within the project and the existing surrounding community. Materials, color, and finishes should be appropriate to the intended architectural style of the building. High quality materials that perform well in the desert environment are encouraged. Projects are encouraged to use a variety of materials to create visual interest and may include (but not limited to) wood, metals, stonework, and plaster textures.
Signage
Signage that is visible from outside the project will be subject to review according to the provisions of the Desert Hot Springs Municipal code.
DESERT GATEWAY: SPECIFIC PLAN
39 4.4 Landscape Design Guidelines
The following landscape design guidelines are intended to ensure a high level of landscape and creative design for development within the Desert Gateway Specific Plan. Because a wide range of uses are permitted within this SP, specific design guidelines are provided for each Planning Area to account for a variety of development contexts. The guidelines established in this section will ensure that all landscape development within this Specific Plan is complementary within the project and with the surrounding community. All projects within this Specific Plan Amendment must be consistent with the design guidelines and features covered in this section.
The guidelines have an emphasis on non-invasive drought tolerant plant materials that are climate-appropriate, water efficient, and sustainable. The plant palette throughout the Specific Pan area shall utilize a low maintenance and low water palette. The landscaping and irrigation plans and system shall comply with all City ordinances relating to water efficiency and shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to produce deep root irrigation. The water use calculations for this system will be prepared and submitted per Mission Springs Water District (MSWD) irrigation design requirements. Figure 4.1 Plant Palette provides a list of plant materials approved for use in the Desert Gateway Specific Plan. Plant materials not listed in Table 4.1 may be used provided they are drought tolerant and compatible with the Desert Gateway project.
Planning Area 1 (Commercial Retail) – Landscape Design Guidelines ▪ Landscaping should be an integral component to the overall project design ▪ Landscaping should enhance the quality of developments by framing and softening the appearance of buildings, screening undesirable views, buffering incompatible uses and providing shade
▪ Landscape designs emphasizing water-efficient or drought tolerant plants are encouraged.
▪ Street frontages along 20th Ave and Calle De Los Ramos should provide for a consistent and attractive landscape treatment while also allowing for visibility of retail building from public views and the I-10 freeway.
▪ Primary entries that serve PA-1 are encourage to be enhanced with the use of iconic plantings and signage.
▪ Trash enclosures shall be screened from public view with walls and or plantings. ▪ Shading provided by tree groupings will be incorporated into the overall retail commercial area.
▪ Landscape lighting will be provided to enhance pedestrian areas and nodes along with certain planting groups.
▪ Buildings should be designed to incorporate landscape planters into store frontage. This can be done by means of raised planters, sidewalk cutouts, or portable planters.
DESERT GATEWAY: SPECIFIC PLAN
40 Planning Area 2 (Light Industrial) – Landscape Design Guidelines ▪ Landscaping should be an integral component to the overall project design. ▪ Landscaping should enhance the quality of developments by framing and softening the appearance of buildings, screening undesirable views, buffering incompatible uses and providing shade.
▪ Landscape designs emphasizing water-efficient or drought tolerant plants are encouraged.
▪ Street frontage along Calle De Los Ramos should provide for a consistent and attractive landscape treatment while also allowing for visibility of retail building from public views and the I-10 freeway.
▪ Primary entries that serve PA-1 are encourage to be enhanced with the use of iconic plantings and signage.
▪ Trash enclosures shall be screened from public view with walls and or plantings. ▪ Shading provided by tree groupings will be incorporated into the overall retail commercial area.
▪ Landscape lighting will be provided to enhance pedestrian areas and nodes along with certain planting groups.
▪ Buildings should be designed to incorporate landscape planters into store frontage. This can be done by means of raised planters, sidewalk cutouts, or portable planters.
Landscape Standards
Landscape standards (ex. minimum landscape requirements, parking lot requirements, lighting, minimum number of trees, etc.) within this Specific Plan will be consistent with those outlined in the Desert Hot Springs Municipal Code.
DESERT GATEWAY SPECIFIC PLAN AMENDMENT
Source: MSA Consulting, Inc.
MSA CONSULTING, INC. > PLANNING > CIVIL ENGINEERING > LAND SURVEYING MSACONSULTINGINC.COM
Exhibit Date: June 14, 2022
PLANT PALETTE
FIGURE 4.1
PAGE 41
TREES BOTANICAL / COMMON NAME
CERCIDIUM X 'DESERT MUSEUM'
'DESERT MUSEUM PALO VERDE'
OLEA EUROPAEA 'MANZANILLO OLIVE'
OLNEYA TESOTA 'DESERT IRONWOOD'
PARKINSONIA FLORIDUM 'BLUE PALO VERDE'
SOPHORA SECUNDIFLORA 'TEXAS MOUNTAIN LAUREL'
CHILOPSIS LINEARIS ‘DESERT WILLOW’
RHUS LANCEA ‘AFRICAN SUMAC’
PROSOPIS CHILENSIS ‘CHILEAN MESQUITE’
PALM TREES BOTANICAL / COMMON NAME
PHOENIX ROEBELENII 'PYGMY DATE PALM'
WASHINGTONIA ROBUSTA 'MEXICAN FAN PALM'
SHRUBS BOTANICAL / COMMON NAME
BOUGAINVILLEA X 'LA JOLLA'
CAESALPINIA GILLIESII 'YELLOW BIRD OF PARADISE'
CALLISTEMON CITRINUS 'LITTLE JOHN'
'DWARF BOTTLE BRUSH'
CARISSA MACROCARPA 'BOXWOOD BEAUTY'
'BEAUTY NATAL PLUM'
CHRYSACTINIA MEXICANA DAMIANITA
DASYLIRION WHEELERI 'GREY DESERT SPOON'
EREMOPHILA MACULATA 'VALENTINE' SPOTTED EMU BUSH
EUPHORBIA MILII 'JERRY`S CHOICE' 'CROWN OF THORNS'
HESPERALOE FUNIFERA 'GIANT HESPERALOE'
HESPERALOE PARVIFLORA
'DESERT FLAMENCO TM RED YUCCA'
HESPERALOE X PINK PARADE PP#218728
IXORA COCCINEA 'MAUI YELLOW' 'MAUI IXORA'
LANTANA CAMARA 'DALLAS RED LANTANA'
LEUCOPHYLLUM FRUTESCENS 'COMPACTA'
'COMPACT TEXAS RANGER'
MUHLENBERGIA CAPILLARIS 'LENCA' TM
'REGAL MIST PINK MUHLY GRASS'
OLEA EUROPAEA 'MONTRA' 'LITTLE OLLIE DWARF OLIVE'
RUSSELIA EQUISETIFORMIS 'CORAL FOUNTAIN'
THEVETIA PERUVIANA 'YELLOW OLEANDER MULTI-TRUNK'
XYLOSMA CONGESTUM 'SHINY XYLOSMA'
ACCENTS BOTANICAL / COMMON NAME
AGAVE AMERICANA 'CENTURY PLANT'
AGAVE DESMETTIANA 'DWARF CENTURY PLANT'
AGAVE HAVARDIANA 'HAVARD`S CENTURY PLANT'
AGAVE OCAHUI 'CENTURY PLANT'
AGAVE VICTORIAE-REGINAE 'QUEEN VICTORIA AGAVE'
AGAVE X 'BLUE GLOW' 'BLUE GLOW AGAVE'
ECHINOCACTUS GRUSONII 'GOLDEN BARREL CACTUS'
EUPHORBIA RESINIFERA 'RESIN SPURGE'
NOLINA SPECIES NOLINA
YUCCA GLORIOSA 'SPANISH DAGGER'
YUCCA PENDULA 'SOFT LEAF YUCCA'
YUCCA ROSTRATA 'BEAKED YUCCA'
VINE /
ESPALIER BOTANICAL / COMMON NAME
BOUGAINVILLEA X 'BARBARA KARST'
PYROSTEGIA VENUSTA 'FLAME VINE'
CRUSHED
STONE COMMON NAME
* BAJA CRESTA RUBBLE
* COPPER CANYON
* MOJAVE GOLD
* PALOMINO CORAL
DECOMPOSED
GRANITE COMMON NAME
* DESERT GOLD
* MOJAVE GOLD
* PALOMINO CORAL
* NOTE: AVAILABLE THROUGH SOUTHWEST BOULDER PALM SPRINGS,
OR APPROVED EQUAL
DESERT GATEWAY: SPECIFIC PLAN
42 CHAPTER 5: PLAN ADMINISTRATION
5.1 OVERVIEW
This chapter describes the procedures for administration and implementation of the Desert Gateway Specific Plan. The City of Desert Hot Springs Community Development Department shall have the responsibility for plan administration and implementation as established in this chapter.
5.2 IMPLEMENTATION
The Specific Plan establishes the general intent and comprehensive framework for development of the project. Entitlement approvals and construction permits shall be reviewed by all applicable departments and agencies (Planning Division, Public Works, Building and Safety, Fire, etc.) where necessary to ensure consistency with the Specific Plan, DHSMC, and applicable building codes.
This Specific Plan Amendment establishes the general intent and comprehensive framework for the future development of the Desert Gateway project. However, prior to construction, various implementing approvals are required, as noted below.
Specific Plan Amendment (SPA) - The SPA will cover approximately 65 acres to provide comprehensive development guidelines, allowable uses, and standards. The SPA requires public hearings before the Planning Commission and the City Council.
Design Review (DR) - The DR process will cover most non-cannabis uses and serve as the review process for new construction / detailed development proposals within the SP. The DR requires public hearings before the Planning Commission (Commission) and subject to its finding that the DR request conforms to the Specific Plan Design Guidelines, and Specific Plan-related zoning.
Conditional Use Permit (CUP) – Development of Marijuana cultivation and dispensary facilities requires approval of a CUP in compliance with Sections 5.50 and 17.180 of the Desert Hot Springs Municipal Code. The CUP requires public hearings before the Planning Commission (Commission)) for approval.
Regulatory Permit (RP) – Operation of Marijuana cultivation and dispensary facilities requires approval of a RP in compliance with Sections 5.50 and 17.180 of the Desert Hot Springs Municipal Code. The RP requires approval by Cannabis Compliance Department to issuance of a Certificate of Occupancy (C of O).
Tentative Parcel Map (TPM)/Tentative Tract Map (TTM) – TPM/TTMs are intended to implement the project and subdivide the property into smaller parcels/lots for development or sale. TPM/TTMs may be filed with each phase of development as necessary in accordance to DHSMC. Each TPM/TTM will require review by the Planning Commission.
Final Parcel Map – Following TPM approval, the applicant must record a Final Parcel Map to create legal lots. Prior to recordation, the applicant must satisfy all conditions of approval. The final map reflects the requirements, standards, design and intent of the approved TPM, as determined by the City Engineer or City of Desert Hot Springs.
Lot Line Adjustment (LLA) – If necessary, to adjust existing parcel lines providing a flexibility to adjust parcel acreages to facilitate future development projects. The LLA will require approval by the City of Desert Hot Springs Engineering Department.
DESERT GATEWAY: SPECIFIC PLAN
43 5.3 ADMINISTRATION
Administrative Substantial Conformance - Minor modifications that are consistent with the purpose and intent of the current Desert Gateway Specific Plan are allowed at the discretion of the Community Development Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment.
Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, these shall be approved administratively by the Community Development Director or designee. After approval, any such administrative change shall be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary.
Representative examples of such changes may include, but are not limited to:
▪ The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, sitespecific information. ▪ Adjustment of Planning Area boundaries identified in this Specific Plan up to 10% of the Planning Area acreage.
▪ Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc.
▪ Modification of architectural or landscape design criteria or details. ▪ All other examples listed in Section 17.30.060.B of the Desert Hot Springs Municipal Code. ▪ Change to conceptual site plans including relocation and expansion of building footprints.
Formal Amendments - If the Community Development Director determines that the proposed change is not in substantial conformance with the intent of the current Specific Plan approval, the Specific Plan may be amended in accordance with the procedures set forth in Section 17.128 of the City of Desert Hot Springs Municipal Code.
5.4 INTERPRETATION
Uses Not Listed - All uses not specifically listed in this Specific Plan are prohibited. However, the Community Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use.
Application of Standards - Where there is ambiguity between the Specific Plan and the Zoning Code, the Specific Plan shall govern. Where a definition, development standard, or procedure of other provision is not specifically addressed in the Specific Plan, the City Zoning Code shall apply.
DESERT GATEWAY: SPECIFIC PLAN
44 5.5 ENFORCEMENT
The enforcement of the provisions of this Specific Plan shall as follows:
▪ The City of Desert Hot Springs Community Development Department shall enforce the development standards and design guidelines set forth herein. ▪ Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per the provisions of Section 17.30.060.C.4 of the Desert Hot Springs Municipal Code.
▪ The City of Desert Hot Springs shall administer the provisions of the Desert Gateway Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of Desert Hot Springs General Plan, and the City of Desert Hot Springs Municipal Code.
▪ The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future.
▪ All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected.
▪ Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of Desert Hot Springs ordinances, codes, and regulations.
City of Desert Hot Springs Page 1
Draft Addendum September 2022
Draft Addendum to the
Mitigated Negative Declaration
Addendum for
Desert Harvest IS/MND
IRI DHS LAND I, LLC.
Prepared for:
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
-
Prepared by:
MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
Desert Hot Springs Planning Department
Patricia Villagomez
Associate Planner
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
760-329-6411
City of Desert Hot Springs Page 2
Draft Addendum September 2022
TABLE OF CONTENTS
Title Page No.
Chapter 1 – Introduction …………………………………………….….…………3
Chapter 2 – Statutory Background……………………………….………………6
Chapter 3 – Summary of Original Project……………………….….……..……7 Chapter 4 – Project Revisions ………………………………………….….…….11
Chapter 5 – Environmental Setting …………………….………………….……14 Chapter 6 – Environmental Impact Analysis…………….………………….…15 Appendices
Appendix A – Desert Harvest MND
Appendix B – Air Quality Impact Analysis, Urban Crossroads, Inc., August 2022 Appendix C – Greenhouse Gas Impact Analysis, Urban Crossroads, Inc., August 2022 Appendix D – Desert Gateway Traffic Analysis, Urban Crossroads, Inc., June 2022 Appendix E – Desert Gateway Vehicle Miles Traveled (VMT) Screening Analysis, Urban Crossroads, Inc., June 2022
City of Desert Hot Springs Page 3
Draft Addendum September 2022
CHAPTER ONE – INTRODUCTION
In 2017, the City of Desert Hot Springs Planning Commission adopted a Mitigated Negative Declaration (MND) for the Desert Harvest project, referred to herein as “Desert Harvest project”, “previous project” or “MND”. The Desert Harvest project MND evaluated the impacts associated with the proposed development of a mixed-use commercial and industrial project on 64.91 acres of vacant land in the City of Desert Hot Springs. Associated improvements include paved drive aisles, parking spaces, pedestrian walking paths, retention area, and landscaped features.
The 64.91-acre project is currently located on undisturbed desert land on the north side of 20th Avenue and Interstate 10, and slightly east of Indian Canyon Drive, in the City of Desert Hot Springs, California. The project has direct vehicular access to the Interstate 10 Freeway via Indian Canyon Drive and 20th Avenue. Vacant desert land delineates the project’s northern and eastern boundaries. The western boundary is delineated by vacant land, light industrial, and commercial uses. The Assessor’s Parcel Number (APN) for the site is 666-370-019, within a portion of Parcel 32 and 33, RS 25/84 Section 1, Township 3 South, Range 4 East, San Bernardino Base and Meridian. Topographically, the vacant 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.
The MND analyzed impacts associated with the proposed development of the Desert Harvest facility and associated improvements. The analysis of the Desert Harvest project identified several mitigation measures to address and mitigate potentially significant impacts to less than significant levels. The adopted MND is included as Appendix A.
In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, this addendum addresses the potential environmental impacts associated with the revised uses of the proposed development and provides an evaluation of potential environmental impacts in relation to the original project evaluated in the adopted MND, as well as the new environmental topics required by the most current CEQA Guidelines. The addendum is an informational document intended to be used in the planning and decision-making process as provided for under Section 15164 of the CEQA Guidelines. The addendum does not recommend approval or denial of the proposed modifications of the previous project. The conclusion of this addendum is that the proposed changes to the project will neither result in new significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in the previously adopted MND. Thus, a subsequent MND is not required.
I-10
PALM DR
DILLON RD
SH-111
PIERSON BLVD N INDIAN CANYON D
R INDIAN CANYON DR
SH-62
LITTLE MORONGO RD
13TH AVE HACIENDA DR
SAN RAFAEL DR
GENE AUTRY TRL
HACIENDA AVE
I-10
VARNER RD VARNER RD
PALM SPRINGS PALM SPRINGS
DESERT HOT SPRINGS DESERT HOT SPRINGS
CATHEDRAL CITY CATHEDRAL CITY
VICINITY MAP
EXHIBIT 1
PROJECT SITE
04,200
FT
DESERT GATEWAY
AERIAL PHOTOGRAPH
EXHIBIT 2
PROJECT SITE
0400
FT
DESERT GATEWAY
APN 666-370-019
City of Desert Hot Springs Page 6
Draft Addendum September 2022
CHAPTER TWO – STATUTORY BACKGROUND
The City of Desert Hot Springs is the CEQA lead agency responsible for the project. Under CEQA, an addendum to a certified Environmental Impact Report (EIR) or a Negative Declaration (ND) may be prepared if minor technical changes or additions to the proposed project are required or if none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR (or MND) have occurred (CEQA Guidelines Section 15164[b]). An addendum is appropriate if the project changes or modifications do not result in any new significant impacts or a substantial increase in severity of previously identified significant impacts. The addendum need not be circulated for public review (CEQA Guidelines Section 15164[c]); however, an addendum is to be considered along by the decision-making body prior to making a decision on the project (CEQA Guidelines Section 15164[d]).
This MND addendum demonstrates that the environmental analysis, impacts, and mitigation requirements identified in the MND remain substantively unchanged by the revised project description detailed herein and supports the findings that the proposed project does not raise any new issues and does not exceed the level of impacts identified in the previous MND. Further, rather than only focusing on the characterization of whether the project is “new” or “old”, the City has also evaluated the previous environmental document to determine if it retains any relevance in light of the proposed changes, and if any major revisions to the document are required due to the involvement of new, previously unstudied significant environmental effects. The subsequent review provisions of CEQA are designed to ensure that an agency proposing changes to a previously approved project explores environmental impacts not considered in the original environmental document. This assumes that some of the environmental impacts of the modified project are considered in the original environmental document, such that the original document retains relevance to the decision-making process. If it is wholly, irrelevant, then it is only logical that the agency starts over from the beginning. The City has determined that project changes will not require major revisions to the initial environmental document. Accordingly, recirculation of the MND for public review is not necessary pursuant to Section 15164 of the CEQA Guidelines.
Therefore, a decision was made by the City of Desert Hot Springs not to prepare a subsequent Negative Declaration pursuant to Section 15162 of the CEQA Guidelines. To support this decision, the following discussion describes the proposed project modifications and the associated environmental analysis.
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Draft Addendum September 2022
CHAPTER THREE – SUMMARY OF ORIGINAL PROJECT
The Desert Harvest project proposed the development of a mixed-use development of retail commercial, vertical harvest commercial, and a marijuana cultivation campus on approximately
64.91 acres. The previous project was originally approved by the Desert Hot Springs City Council on November 7, 2017 as the “Desert Harvest Specific Plan.” The Specific Plan was intended to facilitate the development of a high quality, mixed-use commercial and industrial project and allow for the development of a 1,500,000-square-foot marijuana cultivation campus. In addition to approval of the Specific Plan (SP 02-17), General Plan Amendment (GPA 03-17), Zoning Map Amendment (ZMA 02-17), Tentative Parcel Map (TPM 37332), Conditional Use Permit (CUP 28- 17), and Development Agreement (DA 18-17) were processed as part of the original entitlement approvals for the property. The TPM and CUP have expired since and the property has not been developed. In 2008, prior to approval of this Specific Plan, a 1.4 million-square-foot industrial distribution center was proposed on the site when the property was still under County jurisdiction, but never approved.
The project was proposed to be developed in four phases with build-out over approximately 5 years subject to market conditions. Construction was estimated to begin in 2018 and completed in 2023. The previous project was proposed to be divided in three Planning Areas (3). The planning areas are as follows:
- PA-1 consisted of four pads for retail commercial buildings totaling approximately 45,000 square feet of building space and affiliated circulation and infrastructure systems on 5.1 acres. PA-1 was proposed to be developed as part of Phase III. - PA-2 was intended to allow the construction of two pads for retail commercial buildings of approximately 161,000 square feet in building space and an open space/retention area containing citrus orchards and date groves on approximately 8.0 acres. PA-2 was intended to serve the proposed multi-level vertical hydroponic greenhouse for local produce and the market retail component. The open space/retention area was proposed to be developed as part of Phase I and the remaining portion of the PA in Phase III. - PA-3 consisted of approximately 49.4 acres of light industrial for the construction of a marijuana cultivation campus. The marijuana campus proposed seven (7) single story greenhouses each with an attached two-story headhouse, and 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 was designed to have an approximately building ground floor area (GFA) of 158,509 square feet and a total building area of 185,171 square feet. The processing/extraction building had a GFA of approximately 84,624 square feet and a total building area of 185,321 square feet. The combined total building area of PA-3 was 1,4881,518 square feet. The entire area of PA3 was proposed to 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 was not proposed to be accessible by the general public at any time.
Three of the proposed greenhouse buildings to the east of the project site and the adjacent two-story headhouse, and the four-story building to the rear of the property was proposed to 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 was proposed to be constructed as part of Phase IV.
The previous project proposed the operation of interim cultivation facilities during construction of the permanent cultivation campus. The interim facility was comprised of approximately 84 prePage 78 of 1191 City of Desert Hot Springs Page 8
Draft Addendum September 2022
engineered, retrofitted “Cultivation EcoPod” containers. The EcoPods were proposed to 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 would comply with City standards, conditions and ordinances. A temporary parking lot with four stalls and access from 20th Avenue was proposed to be stabilized with class II crushed rock.
Access to the interim facility was proposed to be gated 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 was not proposed to extend beyond the property boundaries. As a condition of approval, the interim facility was limited to a term not to exceed six-months with no more than one, six-month extension, subject to the review and approval of the Community Development Director. The interim operation was proposed to be discontinued and the EcoPods was removed upon completion of the permanent cultivation campus.
The overall architectural theme of the mixed-use complex was based on modern, glass, and steel architectural aesthetics. The retail commercial portion of the Desert Harvest project was proposed to incorporate and alternate different textures, colors, materials, and distinctive architectural treatments. Steel construction techniques was proposed to be used in conjunction with storefront systems aiming to maximize open play flexibility and natural light. Building facades and design was proposed to consist of dimensional forms of architectural elements in the style of contemporary desert architecture. The vertical harvest multi-level hydroponic greenhouse would utilize galvanized steel with a transparent roof and windows with non-reflective glass. The windows were proposed to be outfitted with light colored blackout screens to minimize light transmission during evening hours. The building colors ranged from white to light grey steel, which allow the green vegetation to be visible to the passerby. The marijuana greenhouse buildings in PA-3 were also proposed to 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 were proposed to use a range of white to light grey steel which would facilitate a clean, light, and open aesthetic to the space. The overall architectural character would be that of an attractive, well-maintained mixed-use development.
Landscaping was designed to balance aesthetic, harvestable plantings, water use, and security objectives. The perimeter street landscape concept was 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 was proposed to consist of drought tolerant plant materials. The retail commercial landscape concept addressed the two primary entries that served each Planning Area and associated parking lots. The areas were proposed to be enhanced with the use of iconic planting, decorative paving, and signage on either side of the drives. Decorative landscape planters and large pots were proposed along retail store frontages and plazas. The Vertical Harvest landscape concept included orchards/gardens, a reservoir, and a botanical walk. The areas outside the Vertical Harvest greenhouse were designed to include small plots of various vegetables for use internally, for display, and sale to the public. The botanical walk around the building was proposed to allow visitors to see the garden plots, fruit tree/shrub groves. A transition area was proposed between the Vertical Harvest and Cultivation areas, which was proposed to 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) was proposed to incorporate perimeter landscaping to maximize its use as a windbreak and to shade parking and driveway areas. Perimeter security fencing was proposed consist of a maximum 8-foot-high tubular steel or wrought iron fencing complimentary to the site architecture.
The previous project site plan is shown as Exhibit 3 and 4 in this Addendum and in the previous MND, which is included as Appendix A.
DESERT HARVEST SITE PLAN
EXHIBIT 3
DESERT GATEWAY
DESERT HARVEST INTERIM SITE PLAN
EXHIBIT 4
DESERT GATEWAY
City of Desert Hot Springs Page 11
Draft Addendum September 2022
CHAPTER FOUR – PROJECT REVISIONS
The Desert Harvest Specific Plan is being amended as part of the Desert Gateway project. The Desert Gateway project (referred herein as “Desert Gateway” or “revised project”) incorporates a variety of changes to the 64.91-acre site compared to the previous project including:
Revising the number of Planning Areas from 3 to 2;
Reducing the commercial retail area from 13.18 acres and a building area of 206,000 square feet to 11 acres and a building area of 42,000 square feet with up to 150 hotel keys;
Increasing the light industrial area from 49.42 acres to 53 acres, (decrease building square footage from 1,481,518 building square footage, to up to 1,060,000 square feet).
The revised project proposes to develop a mixed-use project on approximately 64.91 acres within two distinct planning areas that would provide for a variety of retail commercial retail, logistics, and light-industrial uses. Such uses allowed within the Specific Plan include but are not limited to:
hospitality uses (up to 150 hotel keys), commercial retail uses (up to 42,000 square feet), and logistics/warehouse/distribution, and light industrial uses (up to 1,060,000 square feet). These uses are proposed within two planning areas. Planning Area 1 (PA-1) proposes approximately 11 acres of land and will allow for community commercial uses. Uses within this PA include restaurants (including drive-thru), hotels, and commercial retail. Planning Area 2 (PA-2) consists of approximately 53 acres of land and will allow for a variety of uses such as light industrial, logistics, warehousing and cannabis cultivation. Associated improvements included paved parking, landscaped areas, and retention areas for stormwater. The table below indicates the proposed planning areas, acreages, and square footages.
Table 1: Desert Gateway Planning Areas
Planning Area Acres Max SF Max # of Keys
PA-1 (Retail Commercial) 11 Up to 42,000 SF Up to 150 Keys PA-2 (Light Industrial, Logistics,
and Warehousing) 53 Up to 1,060,000 SF (Warehouse 1,041,045 SF, Office 20,000 SF) Total Gross Area 64 150 Keys
Similar to the previous project, vehicular access to the site would occur at 20th Avenue, east of Indian Canyon Drive, and Calle De Los Romos. 20th Avenue is a paved road, not fully constructed to current standards. The southern commercial areas would be accessible to the public during normal business hours while the northern light industrial area has the option to be fenced, gated and accessed only by authorized personnel. The revised project would provide 549 vehicular parking stalls and 498 trailer parking stalls for the light industrial area. Parking for the retail commercial component (PA-1) would be determined during the development of the site plan and the Tentative Tract Map.
Approval of the revised project requires the approval of the following entitlements:
‐ Specific Plan Amendment (SPA) – the SPA will cover approximately 65 acres to provide refreshed comprehensive development guidelines, allowable uses, and development standards.
‐ Zone Text Amendment (ZTA) – the ZTA will amend Chapter 17.190 Desert Harvest Specific Plan of the DHSMC to reflect the development standards in Chapter 3 of the SPA.
City of Desert Hot Springs Page 12
Draft Addendum September 2022
‐ Tentative Parcel Map (TPM)/Tentative Tract Map (TTM) – TPM/TTMs may be used to implement the project and subdivide the property into smaller parcels/lots for development or sale. TPM/TTMs may be filed with each phase of development as necessary in accordance with DHSMC and the Subdivision Map Act.
‐ Design Review (DR) – Future development projects within the SPA area shall follow the Design Review process as outlined in Chapter 17.80 of the DHSMC. This is intended to ensure that project architecture, landscape, and site design have been reviewed by the Planning Commission and are found consistent with the SPA. The DR process will cover most non-cannabis uses and serve as the review process for new construction/detailed development proposals within the SP. It is expected that multiple DR permits may be submitted in phases up to the total buildout allowed by the SP. ‐ Conditional Use Permit (CUP) – Development of Marijuana cultivation and Cannabis Uses requires approval of a CUP in compliance with Sections 5.50 and 17.180 of the DHSMC. ‐ Regulatory Permit (RP) – Operation of Marijuana cultivation and dispensary facilities requires approval of a RP in compliance with Sections 5.50 and 17.180 of the DHSMC. ‐ Final Parcel/Tract Map – Following TPM/TTM approval, the applicant must record a Final Parcel or Tract Map to create legal lots. Prior to recordation, the applicant must satisfy all conditions of approval.
‐ Lot Line Adjustment (LLA) – if necessary, to adjust existing parcel lines providing a flexibility to adjust parcel acreages to facilitate future development projects. the LLA will require approval by the City of DHS Engineering Department.
Development of the revised project may occur as a single mixed-use project by a single developer or incrementally as multiple developers propose individual component projects. Phasing is allowed so long as each phase accommodates future phases with the orderly extension of circulation, parking, utilities, and infrastructure in accordance with the final conditions of approval for each project and the City’s Public Works Department.
Both the previous and revised projects propose the development of on the 64.91-acre site.
Although the revised project will reduce the area allotted for commercial retail and increase the acreage of light industrial uses, compared to the previous project, the land uses proposed for the site would remain the same (commercial retail and light industrial). The impact analysis contained herein will focus on whether the revised project would result in any new or more severe impacts not previously identified in the adopted Desert Harvest MND.
The revised site plan is indicated in Exhibit 5.
DESERT GATEWAY SITE PLAN
DESERT GATEWAY
EXHIBIT
City of Desert Hot Springs Page 14
Draft Addendum – CUP 02-15 July 2021
CHAPTER FIVE – ENVIRONMENTAL SETTING
The project site is located in the City of Desert Hot Springs, located north of 20th Avenue and the Interstate 10 freeway, south and west of vacant land, and east of commercial and industrial land uses. The project site encompasses one 64.91-acre parcel (Assessor’s Parcel Number 666-370- 019). The site is currently undeveloped and vacant.
The project 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 project is located within the City of Desert Hot Springs’ Light Industrial (I-L) and Specific Plan (SP) land use and zoning designation.
The location of the project site is shown below in Exhibit 1 and 2.
City of Desert Hot Springs Page 15
Draft Addendum September 2022
CHAPTER SIX – ENVIRONMENTAL IMPACT ANALYSIS
This document is an addendum to the previously adopted Desert Harvest MND referenced above.
This addendum provides the project specific environmental review pursuant to CEQA to demonstrate the adequacy of the MND relative to the revised project. As indicated above, the previous MND identified significant impacts and proposed mitigation measures related to biological resources and cultural resources. The analysis below discusses the adequacy and applicability of previous mitigation measures to the revised project. In addition, the analysis below addresses whether any new or more severe impacts would result from the project revisions and whether any additional mitigation measures beyond those previously identified in the MND would be required.
I. Aesthetics
Desert Harvest “Previous” Project MND
The Desert Harvest MND determined that the project would result in less than significant impacts related to aesthetics. At the time the MND was written, the 64.91-acre project site was characterized by visibly flat, undeveloped land with sparse vegetation coverage primarily consisting of short grasses and small plants. Tire marks, cleared areas, and gravel deposits indicating instances of off-road temporary vehicular movement, parking and possible construction staging activities were observed along the southerly edge of the property (20th Avenue frontage).
The site displayed no salient topographic features or other landmarks on the property or its surroundings. The project site, in 2017, was surrounded by vacant land to the north and east, commercial and vacant land to the west, and 20th Avenue and Interstate 10 freeway to the south.
Per the MND, the project property has distant and relatively unobstructed views of the San Jacinto and Santa Rosa Mountains to the southeast, south and southwest. Garnet Hill is also visible to the south, and views of the Little San Bernardino Mountains to the north and northeast are relatively unobstructed. Views of the west are partially obstructed by the existing multi-tenant business park development and commercial establishments. Based on the Desert Harvest Specific Plan, the previous project’s development standards were distinguished by three planning areas. In the commercial area of Desert Harvest (Planning Area 1), the maximum allowable building height was 35 feet. In Planning Area 2, which also included commercial buildings, the maximum structure height was 75 feet. Planning Area 3 proposed cultivation facilities with a maximum structure height of 65 feet. The previous project MND concluded that the project would comply with the Desert Hot Springs Municipal Code (DHSMC), and would not adversely alter the existing viewshed on any scenic vistas given the setting and land use designation.
The MND stated that the undeveloped Desert Harvest site did not contain any landmarks or scenic resources, such as trees, rock outcroppings, that would be damaged by the previous project. The MND also determined that the project is not located within close proximity to any designated state or county scenic highway and the project would not result in adverse impacts to scenic resources adjacent to or within close proximity to state scenic highway or other local transportation corridor.
The MND determined that the project would enhance the visual character of the vacant site. The Desert Harvest project site design, architecture, and landscape design on the property would be reviewed and approved by the City to ensure that aesthetic considerations of the community are addressed in the design. Per the MND, the previous project would be consistent with the architectural design guidelines established in the DHSMC (Section 17.16.230). Chapter
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17.16.230 (Industrial Districts) of the DHSMC states that new industrial development is required to employ design elements that enhance the visual character of a site and avoid certain features deemed undesirable (such as large, blank, unarticulated wall surfaces). The previous buildings proposed varied construction materials with articulated facades, properly scaled doors and windows, proportionate accent features, signage, and a coordinated color scheme resulting in a unified style. Additionally, heights and setbacks of the proposed facilities were required to comply with the Desert Harvest Specific Plan, which introduced high quality architecture, an iconic vertical harvest building, ornamental streetscape, and scenic landscaping. With the review of the Desert Harvest final site design, architecture plans, and landscape architecture plans from the City of Desert Hot Springs, the MND determined that the Desert Harvest project would result in less than significant impacts to the existing visual character.
Finally, the Desert Harvest MND determined that the previous project would result in less than significant impacts to light or glare. The MND acknowledged that the site was previously vacant and did not contribute to light or glare in the area, and the operation of the project would introduce new sources of light and glare, however, the new sources of light and glare were not expected to be substantial enough to affect daytime views in the area. Desert Harvest proposed outdoor illumination for parking areas, entrances, signs, walkways, and other project features compliant with the City’s Outdoor Lighting Requirements. These light requirements are established to minimize light pollution and trespassing. The photometric plan indicated that the proposed distribution of permanent wall-mounted and post-mounted fixtures has been designed, such that illumination would be sufficiently diminished at the project edges and adjacent properties.
Additionally, the building design was 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 included greenhouse facilities comprised of steel structures prioritizing a transparent façade system. These warehouses provided 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 was designed to maximize sun exposure, while light colored blackout screens would 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 would also help reduce nighttime light visibility from the greenhouse components. Therefore, project impacts to light and glare were determined to be less than significant in the MND.
Overall, the Desert Harvest MND concluded that the previous project would result in less than significant impacts to aesthetic resources.
Desert Gateway “Revised” Project
The proposed Desert Gateway project proposes to revise the existing Desert Harvest site plan.
Both project sites occur on approximately 65 acres and propose a mixed-use development consisting of commercial retail and industrial uses. Currently, the site is undeveloped and vacant, and the visual character is similar to that analyzed in the Desert Harvest MND. Similar to the Desert Harvest MND, the Desert Gateway project would not result in significant impacts to aesthetic resources. This is analyzed subsequently.
The revised project’s Specific Plan (“Desert Gateway Specific Plan”, “SP”) was generated to provide updated development guidelines and regulations to allow for a fresh, contemporary development strategy. Objectives within the new SP include providing a well-designed, visually
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attractive, commercial development; and to establish design guidelines, development regulation, use standards and procedures that result in cohesive and attractive landscape and architectural treatments.
The project site is located on vacant land with undeveloped land to the north and east, Avenue 20 and Interstate 10 freeway to the south, and existing commercial buildings to the west.
Currently, the project site does not obstruct views of the surrounding scenic vistas (i.e., the local mountain ranges), due to the vacant character of the site. The Desert Gateway project proposes the development of up to 42,000 square feet of commercial retail and up to 150 hotel keys on approximately 11 acres in the southern portion of the project, and up to 1,060,000 square feet of logistics, warehouse, cannabis, and office space on approximately 53 acres in the northern portion of the project property. The Desert Gateway Specific Plan establishes development standards for the revised project. Per the SP, the maximum building heights proposed for Planning Area 1 is 35 feet, the minimum lot size and front setback is 5,000 square feet and 20 feet, respectively. For Planning Area 2, the project proposes a maximum building height of 5 stories (100 feet), allowable within Industrial zones in the City. The minimum lot size is 20,000 square feet, while the minimum setback from the street is 20 feet. Comparatively, the previous project proposed building heights ranging from 35 to 75 feet in height. Although the revised project increases the building height to 100 feet (being the tallest height), the Desert Hot Springs Municipal Code allows buildings of this height within its industrial zones. Additionally, the project site is located in an area designated in the City for industrial and commercial uses. Therefore, the increased building height is more acceptable in these land use designations. Impacts to scenic resources will be less than significant.
As previously determined, the site did not contain any landmarks or scenic resources, such as trees, rock outcroppings, that would be damaged by the project. Similar to the previous project, the revised project will not result in impacts to State or county scenic highways since the site is not located in close proximity to scenic highways. The Desert Gateway project does not propose the development of additional project area that were not analyzed in the MND. Therefore, significant impacts to scenic highways or scenic resources will not occur with the revised project.
Chapter 4 of the Desert Gateway Specific Plan establishes the design guidelines for the revised project in order to ensure compatibility with the surrounding environment and promote high-quality design within the SP area. This will be achieved by the implementation of clear, identifiable entries, complementary developments within the project area, landscaping along the project frontage, and screened trash enclosures. Architectural design guidelines within the Desert Gateway SP direct building form, massing, and high-quality architectural designs and ensures that all development with the project is complementary within the project area and surrounding community. Within PA 1 (commercial retail) the design guidelines shall recommend the use of varied materials (i.e., different plaster textures, stone tile, ceramic or porcelain tiles, wood, metals, etc.), three-dimensional massing of forms with offsets, varied rooflines and types, recessed windows and glass walls, and awnings. Within Planning Area 2 (Logistics/Industrial) the architectural guidelines recommend simple geometric forms with appropriate massing and scale, consistent architectural styles for accessory structures, façade variation, screened mechanical equipment, wall-mounted equipment, and ground-mounted equipment. The Specific Plan, site plan, architecture plans, and landscape plans will be submitted to and reviewed by the City of Desert Hot Springs in order to ensure that the project does not negatively impact the visual character of the area.
The Desert Gateway project will introduce additional sources of light associated with the operation of the proposed retail commercial uses and logistics/industrial uses. Similar to the previous
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project, the lighting proposed for the Desert Gateway project will include lighting for security purposes in the form of downward oriented fixtures with shielding that would help prevent light spillage onto adjacent parcels. The revised project will comply with City Municipal Code
17.40.170, Outdoor Lighting Standards. Impacts will be less than significant.
Major revisions to the MND are not required due to the proposed changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
II. Agricultural Resources
Desert Harvest “Previous” Project MND
The Desert Harvest MND identified no significant impacts related to agricultural and forest/timberland resources, as the project site is located in an area designated as “Other Land”.
According to the MND, the project site was not located in an existing zone for agricultural use or classified as farm land, forest land, timberland, or Timberland Production zones. The MND concluded that the project would not result in impacts to agricultural resources.
Desert Gateway “Revised” Project
The Desert Gateway project would not change the proposed uses of the project site. The project site does not include any active agricultural uses or agricultural resources, and is not adjacent to such uses, and is not zoned or designated for agricultural uses. Thus, similar to the MND, the revised project would have no impact to agricultural resources.
Major revisions to the MND are not required due to the proposed changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
III. Air Quality
Desert Harvest “Previous” Project MND
The prior MND analysis relied on The Indian Canyon Drive/I-10 Retail and Cultivation Site Air Quality Impact Analysis (August, 2017) as a project-specific technical study to evaluate the potential air pollutant emission levels generated from project’s facilities to compare against the applicable South Coast Air Quality Management District (SCAQMD) Air Quality Significance Thresholds for the project region and air basin, finding that no numeric criteria emissions exceedances would result from the short-term construction or long-term operation of the project.
At the time of the prior MND preparation, the Salton Sea Air Basin was designated as being in non-attainment for ozone and PM10, but under respective State Implementation Plans (SIPs) in place to meet the target attainment levels.
The project-specific air quality study and MND analysis found that the peak construction-related emissions from site preparation, grading, building construction, paving, architectural coating, and construction worker commuting activities would occur below the numeric SCAQMD Air Quality Significance Thresholds for criteria air pollutants. Similarly, the long-term operational emissions from area, energy, and mobile sources were also found to occur below the respective SCAQMD thresholds. As a result, the project was found to result in less than significant impacts pertaining
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to the applicable air quality plan, air quality standards, criteria pollutant for which the project region is in non-attainment, sensitive receptors, and objectionable odors.
Desert Gateway “Revised” Project
Since the prior environmental review, the project site has not incurred any substantial change in circumstances pertaining to the air quality setting or the relevant regulatory framework. The 2018 CEQA Guidelines Update involved minor revisions to the subject of air quality but did not result in any considerable changes to the overall scope or applicable numeric thresholds. Moreover, a General Plan Update has been adopted by the City, but the industrial land use designation applicable to the site remains unchanged. The current General Plan land use designation is Industrial with Industrial Cannabis Overlay. Under the current General Plan, the Desert Harvest Specific Plan is identified as an adopted document. Therefore, there are no considerable or adverse changes pertaining to the land use composition and growth assumptions at the local level under the current General Plan.
SCAQMD is continuing to implement SIPs toward reaching attainment for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less) and Ozone for the Coachella Valley region. Regarding PM10, the 2010 Coachella Valley PM10 Maintenance Plan and associated documents continue to be in place, along with SCAMQD Rules 403 and 403.1, and the City’s dust control requirements applicable during construction. Regarding Ozone, SCAMQD is continuing to implement an updated strategy to comply with the ozone standard (1997 8-hour standard), for which there is a target attainment date of June 15, 2024. SCAQMD has acknowledged that the largest ozone contributors to the Coachella Valley are not sources within the region, but rather the ozone and ozone precursors transported to the Coachella Valley from the upwind South Coast Air Basin (SCAB). SCAQMD deems that local sources of air pollution generated in the Coachella Valley have a limited impact on ozone levels compared to the transported sources generated in SCAB. As a result, implementation of the revised project would not occur under a different set of regional measures regarding PM10 and ozone attainment.
The revised project scope is thoroughly depicted in the project description of this document and in the Specific Plan Amendment. The Desert Gateway Air Quality Impact Analysis was prepared in August of 2022 to account for the revised land use parameters, consisting of a distribution center (approximately 1,059,240 square feet), 2 commercial areas (total of 42,000 square feet), and a 150-room hotel. The revised air quality study utilized the most current methodology and air emissions modeling software to quantify the short-term construction and long-term operation emissions resulting from the project to compare against the applicable SCAQMD Air Quality Significance Thresholds and other pertinent air quality efforts. The revised air quality study took into account an updated construction schedule ranging from January of 2023 to December of 2024. The emission results are summarized as follows.
Construction Emissions:
Table III-1 Construction-Related Criteria Air Pollutant Emissions Summary Without Mitigation (Pounds/Day)
Emission Source VOC NOx CO SO2 PM10 PM2.5
Maximum Daily Emissions
(2023 to 2024) 94.80 48.40 108.00 0.11 11.40 5.12
SCAQMD Threshold 75 100 550 150 150 55
Threshold Exceeded? Yes No No No No No
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The revised air quality study emissions calculations found that during construction, the project has a potential to exceed the threshold for volatile organic compounds, attributed to the traditional process of applying architectural coatings (paint). To address this potential exceedance, the project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by SCAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Alternatively, the applicant may utilize tilt-up concrete buildings and pre-coated components that do not require the use of architectural coatings. With the use of low VOC paints or tilt-up concrete methods, construction-source emission of VOCs will not exceed the applicable SCAQMD thresholds, as demonstrated in Table III-2.
Table III-2 Construction-Related Criteria Air Pollutant Emissions Summary With Mitigation (Pounds/Day)
Emission Source VOC NOx CO SO2 PM10 PM2.5
Maximum Daily Emissions
(2023 to 2024) 27.60 48.40 108.00 0.11 11.40 5.12
SCAQMD Threshold 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Operational Emissions
Table III-X Operational Criteria Air Pollutant Emissions Summary With Mitigation (Pounds/Day)
Emission Source VOC NOx CO SO2 PM10 PM2.5
Summer (Smog Season)
Mobile Source 27.80 64.20 439.00 1.24 35.60 7.36
Area Source 41.30 0.48 57.30 < 0.005 0.08 0.10
Energy Source 0.37 6.70 5.63 0.04 0.51 0.51
On-Site Equipment Source 0.00 0.00 0.00 0.00 0.00 0.00
Total Maximum Daily
Emissions 69.47 71.38 501.93 1.28 36.19 7.97
SCAQMD Regional Threshold 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
Winter
Mobile Source 23.30 69.60 279.00 1.12 35.50 7.33
Area Source 31.90 0.00 0.00 0.00 0.00 0.00
Energy Source 0.37 6.70 5.63 0.04 0.51 0.51
On-Site Equipment Source 0.00 0.00 0.00 0.00 0.00 0.00
Total Maximum Daily
Emissions 55.57 76.30 284.63 1.16 36.01 7.84
SCAQMD Threshold 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
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The project-specific air quality study has found that project operations would not result in emissions capable of exceeding the respective SCAQMD Air Quality Significance Thresholds.
Therefore, the revised project would result in less than significant impacts pertaining to localized construction emissions, regional operational emissions, localized operational emissions, air quality management plan, sensitive receptors, odors and cumulative impacts. The appended air quality study for the revised project provides the supporting documentation and methodology for these findings.
Mitigation Measure AQ-1:
The Project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits put forth by SCAQMD’s Rule 1113. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Alternatively, the applicant may utilize tilt-up concrete buildings that do not require the use of architectural coatings.
IV. Biological Resources
Desert Harvest “Previous” Project MND
The original project MND evaluated potential biological resource impacts of the entire site associated with the development. This included the 64.91 acres of the project area as well as
32.8 acres of infrastructure areas that would result in temporary construction impacts. The analysis identified that the project lies within the boundary of the CVMSHCP, which outlines policies for conservation of habitats and natural communities but is not within a Conservation Area.
No plant species that is considered sensitive and not covered under the CVMSHCP or listed by state or federal agencies was found or recorded during the survey and none are expected. The biological survey performed on the project property did not find any on-site naturally occurring springs, permanent aquatic habitats 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. According to the Project Specific Biological Assessment, there are no naturally occurring springs or permanent aquatic habitats in or near the project site boundaries.
Per the project-specific biological report, no migratory wildlife corridors or native wildlife nursery sites were found on the project and no discernable and routinely used corridors were identified.
Interstate 10 acts as the southern boundary and inhibits any north/south movement through the project site. Additionally, there is existing development adjacent to the site on west that prohibits movement through the project site.
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. This measure is specified in Mitigation Measure BR-1 of the Initial Study.
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 U.S. Fish & Wildlife (USFWS) is generally required. At present time the USFWS approves of the form of mitigation provided in the
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“Staff Report on Burrowing Owl Mitigation” prepared by the California Department of Fish & Wildlife (CDFW). The Biological Assessment performed at the project site included surveys approved by the U.S. Fish & Wildlife Service for determining the presence or absence of the burrowing owl. The surveys revealed that the owl was present on the site. Pre-construction surveys shall be completed 14-days prior to ground disturbance and the second survey within 24 hours of construction related activities. This measure is specified in Mitigation Measure BR-2 of the Initial Study.
Desert Gateway “Revised” Project
The revised project would not require grading or construction beyond the project area analyzed in the MND. The revised project proposes a mixed-use development including, but are not limited to, hospitality uses (up to 150 hotel keys), commercial retail uses (up to 42,000 square feet), and logistics/warehouse/distribution, and light industrial uses (up to 1,060,000 square feet). The operation of the site will still include the commercial and industrial uses, similar to the previous project. Therefore, major revisions to the MND are not required due to the proposed changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND. Mitigation addressed under the original project will be implemented and will minimize impacts to biological resources within the project site.
V. Cultural Resources
Desert Harvest “Previous” Project MND
The original project MND evaluated potential cultural resource impacts associated with the development of the 64.91-acre project site. The MND did not find potential historic resources, as defined in Section 15064.5 of the CEQA Guidelines that would be adversely affected by the project. The assessment included a records search, Native American scoping, historical background research and an intensive-level field survey. The field survey produced negative results from either the historic or pre-historic period.
Outside of the Project area but within a one-mile radius, EIC records show more than 40 previous studies covering various tracks of linear features. 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.
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 Native American Heritage Commission (NAHC) sacred land search did not identify any Native American cultural resources within the project area. CRM Tech sent written requests for comments to 18 Tribal individuals. Six (6) Tribal representatives contacted have responded in
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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. This measure is specified in Mitigation Measure CUL-1 and CUL-2 of the Initial Study.
The property is recognized for having low potential for Paleontological Sensitivity. Areas recognized for having “low” potential have a reduced likelihood of containing significant nonrenewable 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. Mitigation Measure CUL-3 and CUL-4 specify this requirement in the Initial Study.
Desert Gateway “Revised” Project
Development of the revised project would not disturb or construct beyond what was previously analyzed in the IS/MND. The revised project proposes a mixed-use will still include the commercial and industrial uses, like the previous project. The proposed Revised Project would continue to comply with the City of Desert Hot Springs’s General Plan and municipal code.
Additionally, the Revised Project would comply with standard construction practices and would continue to implement Mitigation Measures CUL-1 through CUL-4. Therefore, no new or substantially more severe impacts would occur and major revisions to the MND are not required.
There is no new information showing greater significant effects than disclosed in the previous MND.
VI. Energy Resources
The MND did not analyze project-related energy consumption since it was not a required topic by CEQA at the time the MND was written and adopted. Although the MND did not provide analysis of project-related energy consumption, analysis is included in this Addendum for informational purposes. In order to provide a comparative analysis of energy consumption by the previous project and the revised project, the project-specific Greenhouse Gas (GHG) Analyses prepared by Urban Crossroads, Inc. in 2017 and 2022 were utilized to convert GHG emissions to energy consumed.
Desert Harvest “Previous” Project MND
In 2017, Urban Crossroads provided a GHG Analysis for the project site to evaluate projectrelated construction and operational emissions by using CalEEMod (version 2016.3.1). Energy consumption from construction and operation of the previous project is provided below.
Per the GHG Analysis, construction of the Desert Harvest project would include the development of 57 acres of cultivation, processing, and administration facilities, 59,000 square feet of retail, and 9,000 square feet of drive thru buildings. The GHG Analysis assumed that the project would be fully developed by 2019.
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Due to basic construction activities, it can be concluded that electricity consumed during construction of the Desert Harvest project would be temporary and negligible, while natural gas would not be consumed during construction of the project. Most energy used during construction would be from petroleum consumption during the use of heavy construction equipment and construction worker commute. As previously stated, CalEEMod was utilized in the GHG Analysis to determine how much energy consumption would occur from the development of the previous project. Per CalEEMod, energy consumption from the construction of the previous project would result in 145,607 gallons of gasoline and 201,489.7 gallons of diesel fuel during the construction of Desert Harvest. In total, the previous project would consume approximately 347,096.7 gallons of petroleum during construction. This is indicated in the table below.
Table VI-1 Previous Project Construction Petroleum Consumption Petroleum Units Previous Project
Gasoline Gallons 145,607
Deisel Gallons 201,489.7
Total Petroleum Consumption 347,096.7
The operational energy consumption, via electricity, natural gas and petroleum for the previous project is indicated in the table below. The previous project is proposed to consume approximately 10,119,110 kilowatt hours (kWh) of electricity per year, 151,640 thousand Thermal British Units (kBTU) of natural gas per year, 323,250.4 gallons of gasoline per year, and 22,888.2 gallons of diesel gas per year.
Table VI-2 Previous Project Operational Energy Consumption Energy Units Previous Project
Electricity kWh/yr 10,199,110
Natural Gas kBTU/yr 151,640
Gasoline Gallons 323,250.4
Diesel Gallons 22,888.2
According to the Desert Hot Springs General Plan (DHSGP) Environmental Impact Report (EIR), Desert Hot Springs will consume approximately 575,687,510 kWh of electricity annually at buildout (year 2040). The previous project was estimated to consume approximately 10,199,110 kWh/yr., which is approximately 1.77 percent of the total annual electricity use for the City at buildout. Operation of the project is not anticipated to use excessive amounts of electricity and impacts are expected to be less than significant.
As such, the project would result in a long-term increase in demand for natural gas. As previously stated, the DHSGP EIR calculated that the City (at total buildout) will consume approximately 1,805,720,920 kBTU of natural gas annually. The project is proposed to consume approximately 151,640 gallons of natural gas per year, which is approximately 0.008 percent of the estimated total annual natural gas use for the City at buildout. Therefore, natural gas consumption would be appropriate and not excessive or inefficient.
Finally, the Desert Hot Springs General Plan EIR predicts that the City of Desert Hot Springs will consume approximately 8,608,831 gallons of diesel, 42,922,736 gallons of gasoline, for a total petroleum consumption of 51,531,567 gallons at buildout of the City (year 2040). The Desert Harvest project is estimated to consume 346,138.6 gallons of petroleum annually, approximately
0.67 percent of the City’s total projected petroleum consumption at buildout. Therefore, operation of the project will not consume petroleum in a manner that is unnecessary, wasteful, or inefficient.
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Desert Gateway “Revised” Project
The Desert Gateway project energy use is included below for informational purposes. The revised project would not require grading or construction beyond the project area analyzed in the MND.
The revised project proposes a mixed-use development including, but are not limited to, hospitality uses (up to 150 hotel keys), commercial retail uses (up to 42,000 square feet), and logistics/warehouse/distribution and light industrial uses (up to 1,060,000 square feet). The operation of the site will still include the commercial and industrial uses, and similar to the previous project, the revised project is expected to consume energy in the form of electricity, natural gas, and petroleum during construction and operation.
The latest version of CalEEMod (V2020.4.0) was used to quantify the project’s electricity and natural gas consumption and GHG emissions, which were then converted to determine energy consumption (via petroleum). The calculations for the revised project were utilized to determine whether the revised project would result in excessive, inefficient, wasteful, or unnecessary energy consumption. Output from the model runs for construction and operational activity are provided in the appended GHG Analysis and a summary of the total energy consumed during project construction is provided in the table below.
Table VI-3 Revised Project Construction Petroleum Consumption Petroleum Units Revised Project
Gasoline Gallons 43,066.3
Deisel Gallons 216,428.1
Total Petroleum Consumption 259,494.4
Similar to the MND, it can be concluded that electricity consumed during construction of the project would be temporary and negligible, while natural gas would not be consumed during construction of the project. Like the MND, most energy used during construction would be from petroleum consumption during the use of heavy construction equipment and construction worker commute.
The revised project would result in the consumption of 259,494.4 gallons of petroleum during construction of the site. Per the City General Plan Environmental Impact Report (EIR), the City of Desert Hot Springs consumed approximately 21,989,676 gallons of petroleum in year 2019 and is projected to consume approximately 51,531,567 gallons of petroleum in year 2040. Therefore, project construction will consume approximately 1.18 percent of petroleum consumption compared to consumption in year 2019, and 0.5 percent of petroleum consumed compared to year 2040. Moreover, petroleum use during construction would be temporary. Therefore, construction of the project will not consume petroleum in a manner that is unnecessary, wasteful, or inefficient.
The CalEEMod model determined that the Desert Gateway project would consume approximately 8,648,881 kWh of electricity per year during operation. According to the Desert Hot Springs General Plan (DHSGP) Environmental Impact Report (EIR), Desert Hot Springs will consume approximately 575,687,510 kWh of electricity annually at buildout (year 2040). The total project is estimated to consume approximately 8,648,881 kWh/yr., which is approximately 1.5 percent of the total annual electricity use for the City at buildout. Operation of the project is not anticipated to use excessive amounts of electricity and impacts are expected to be less than significant.
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During operation, the revised project is proposed to consume approximately 24,954,481 kBTU of natural gas annually. As such, the project would result in a long-term increase in demand for natural gas. As previously stated, the DHSGP EIR calculated that the City, at total buildout, will consume approximately 1,805,720,920 kBTU of natural gas annually. The revised project is proposed to consume approximately 24,954,481 gallons of natural gas per year, which is approximately 1.4 percent of the estimated total annual natural gas use for the City at buildout.
Therefore, natural gas consumption would be appropriate and not excessive or inefficient.
Finally, the revised project is proposed to result in 40,926,914 VMTs annually and will consume approximately 2,070,905.5 gallons of petroleum annually during project operation. The project’s increase in annual VMT, and subsequent fuel consumption, compared to the previous project is attributed to the change in land use descriptions. The Desert Gateway project proposes a hotel with up to 150 keys, and logistics/warehousing uses, which would generate more trips in comparison to the strip mall, pharmacy/drive thru, and manufacturing analyzed in the Desert Harvest GHG Analysis. However, this is not an inefficient or wasteful use of energy resources.
The Desert Hot Springs General Plan EIR predicts that the City of Desert Hot Springs will consume approximately 8,608,831 gallons of diesel, 42,922,736 gallons of gasoline, for a total petroleum consumption of 51,531,567 gallons at buildout of the City (year 2040). The total project is estimated to consume approximately 4.0 percent of the City’s total projected petroleum consumption at buildout. Therefore, operation of the project will not consume petroleum in a manner that is unnecessary, wasteful, or inefficient.
The revised project will comply with state-implemented building standards such as those outlined in Title 20 and Title 24 of the California Code of Regulations. The project would be required to comply with the applicable standards in place at the time building permit document submittals are made. These include, but are not limited to:
Bicycle parking: Implementation of short-term and long-term bicycle parking. Clean vehicles: Proving designated parking for clean air vehicles and EV charging stations. Reduction of outdoor light pollution: Outdoor lighting systems shall be designed to meet the backlight, uplight and glare ratings per Table 5.106.8. Construction waste management: Recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition.
Construction recycling: The reuse or recycling of 100% of excavated soil and land clearing debris (i.e., trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing).
Recycling by occupants: Provide readily accessible areas that serve the entire building and are identified for the depositing, storage, and collection of non-hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive. Water conserving plumbing fixtures and fittings: Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:
o Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush
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o Urinals. The effective flush volume of wall-mounted urinals shall not exceed 0.125 gallons per flush. The effective flush volume of floor- mounted or other urinals shall not exceed 0.5 gallons per flush.
o Showerheads. Single showerheads shall have a minimum flow rate of not more than
1.8 gallons per minute and 80 psi. When a shower is served by more than one showerhead, the combine flow rate of all showerheads and/or other shower outlets controlled by a single valve shall not exceed 1.8 gallons per minute at 80 psi. o Faucets and fountains. Nonresidential lavatory faucets shall have a maximum flow rate of not more than 0.5 gallons per minute at 60 psi. Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute of 60 psi. Wash fountains shall have a maximum flow rate of not more than 1.8 gallons per minute. Metering faucets shall not deliver more than 0.20 gallons per cycle. Metering faucets for wash fountains shall have a maximum flow rate not more than 0.20 gallons per cycle. Outdoor potable water uses in landscaped areas. Nonresidential developments shall comply with a local water efficient landscape ordinance or the current California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO), whichever is more stringent.
Water meters. Separate submeters or metering devices shall be installed for new buildings or additions in excess of 50,000 sf or for excess consumption where any tenant within a new building or within an addition that is project to consume more than 1,000 gallons per day (GPD) (5.303.1.1 and 5.303.1.2).
Commissioning. For new buildings 10,000 sf and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements (5.410.2).
Additionally, the project would be required to comply with regulations imposed by the State of California and the South Coast Air Quality Management District (SCAQMD) aimed at the reduction of air pollutant emissions, and the reduction of energy resources. Those that are directly and indirectly applicable to the project and that would assist in the reduction of the consumption of energy resources:
Pavley Fuel Efficiency Standards (AB 1493). Establishes fuel efficiency ratings for new vehicles.
California Building Code (Title 24 California Code of Regulations (CCR)) and CALGreen standards. Establishes energy efficiency requirements for new construction. Appliance Energy Efficiency Standards (Title 20 CCR). Establishes energy efficiency requirements for appliances.
Statewide Retail Provider Emissions Performance Standards (SB 1368). Requires energy generators to achieve performance standards for GHG emissions. Renewable Portfolio Standards (SB 1078 – also referred to as RPS). Requires electric corporations to increase the amount of energy obtained from eligible renewable energy resources to 20% by 2010 and 33% by 2020.
California Global Warming Solutions Act of 2006 (SB 32). 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.
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Therefore, similar to the MND, the revised project would not conflict or obstruct a state or local plan for renewable energy or energy efficiency.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
VII. Geology and Soils
Desert Harvest “Previous” Project MND
The MND found that no known active faults traverse or are found near the project site. The nearest Alquist-Priolo Fault Zone was determined to be located approximately 0.5 miles northeast of the site, indicated as the Banning Fault. The MND concluded that surface fault rupture is considered to be unlikely at the project site because of the well-delineated fault lines through the Coachella Valley. Less than significant impacts.
Although the project was not located along an existing fault, the MND determined that the project site would likely experience seismic-related ground shaking due to the multiple faults in the Coachella Valley. Therefore, it was established that the project facilities 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). Additionally, the project was required to be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations), the seismic recommendations contained in the Geotechnical Investigation prepared by Sladden Engineering for the previous project, and seismic regulations mandated by the State.
The project-specific Geotechnical Investigation 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.
Therefore, less than significant impacts were concluded in the MND.
The MND determined that the previous project is not located near a slope or an area where slope instability would impact the site. Therefore, risks associated with slope instability was considered “negligible” and impacts relative to landslides are not expected.
Impacts of soil erosion, soil collapse, subsidence, expansive soils, and wastewater systems as a result of the project was determined to result in less than significant impacts. The project would be required to implement a Fugitive Dust (PM10) Control Plan, and a Storm Water Pollution Prevention Plan (SWPPP) during construction activities to reduce impacts of soil erosion at the site. During operation of Desert Harvest, the MND stated that permanent erosion control practices and features will be required in the sites grading and improvement plans.
The MND stated that less than significant impacts are expected to soil erosion following the implementation of these standard conditions:
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 Report throughout grading and construction activities.
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A grading plan that outlines measures to contain any runoff 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.
Remedial grading, including proper preparation and compaction of project soil, was required for the previous project. The project-specific grading plans would be reviewed and approved by the City.
Expansive soils are not typically found in the City of Desert Hot Springs, therefore, the MND concluded that expansive soils are not likely to occur at the project site. Finally, at the time the MND was written, Mission Springs Water District (MSWD) did not provide sewer service in the vicinity of the project. An onsite wastewater treatment package plant was proposed for the previous 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.
With the foregoing, the MND concluded that impacts regarding geology and soils at the site would be less than significant.
Desert Gateway “Revised” Project
The revised project would not require grading or construction beyond what was analyzed in the MND within the project site. The revised project proposes to reduce the commercial retail area from 13.18 acres and a building area of 206,000 square feet to 11 acres and a building area of 42,000 square feet with up to 150 hotel keys; and increase the light industrial area from 49.42 acres to 53 acres and decrease building square footage from 1,481,518 building square footage, to up to 1,060,000 square feet.
No additional grading beyond what was analyzed in the MND would occur. As such, no new or more impacts related to geology and soils would occur. As discussed in the MND, compliance with the most current State building codes and regulations would ensure grading and development of the site reduces the impacts associated with geology and soils to less than significant, as concluded in the MND. Additionally, the implementation of a PM10 Control Plan and SWPPP during construction of the site would result in less than significant impacts to soil erosion. Grading plans will be developed in compliance with the City’s grading ordinance and will be reviewed by the City of Desert Hot Springs.
Similar to the MND, liquefaction, landslides, subsidence, collapse, and expansive soils are not anticipated to impact the Desert Gateway project due to the project’s location away from slopes, the lack of shallow groundwater and expansive soils at the site. Remedial grading, including proper preparation and compaction of project soil, was required for the project. The projectspecific grading plans would be reviewed and approved by the City.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
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VIII. Greenhouse Gas Emissions
Desert Harvest “Previous” Project MND
The prior MND analysis relied on The Indian Canyon Drive/I-10 Retail and Cultivation Site Greenhouse Gas Analysis (August 2017) as a project-specific technical GHG study to quantify and evaluate the potential emissions resulting from project implementation. The project-specific GHG study and MND analysis found that the combined GHG emissions resulting from amortized construction, area source, energy source, mobile source, solid waste, water supply, treatment, and distribution would total approximately 8,704.51 metric tons of carbon dioxide equivalent (MMTCO2e) per year. In relation to the interim SCAQMD threshold for Industrial uses per year among other compliance factors, the project was found to result in less than significant impacts pertaining to greenhouse gas emissions and in relation to the applicable regulations adopted for the purpose of reducing greenhouse gas emissions, particularly those under Assembly Bill 32, Senate Bill 32 and the City’s Climate Action Plan.
Desert Gateway “Revised” Project
From the aspect of GHG conditions, the project setting has not incurred any substantial change in circumstances compared to the prior review. The project site remains undeveloped. Pertaining to the relevant GHG regulations and measures enacted at the state level, there are documented improvements toward the target reduction levels per California’s Global Warming Solutions Act of 2006 (AB 32), which establishes the framework for the City’s Climate Action Plan.
On July 11, 2018, CARB announced in a press release (No. 18-37) that greenhouse gas pollution in California fell below 1990 levels for the first time since emissions peaked in 2004, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Moreover, according to the CARB report on California Greenhouse Gas Emissions for 2000 to 2017 (published in 2019), which tracks the trends of GHG emissions, California’s GHG emissions have followed a declining trend between 2007 and 2017. In 2017, emissions from GHG emitting activities statewide were 424 million metric tons of CO2 equivalent (MMTCO2e), 5 MMTCO2e lower than 2016 levels and 7 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The largest reductions are attributed to the electricity sector, which continues to see decreases as a result of the state’s climate policies. The transportation sector remains the largest source of GHG emissions in the state, but saw a 1 percent increase in emissions in 2017, the lowest growth rate over the previous 4 years.
On August 12, 2019, California Governor Gavin Newsom announced in a press release (No. 19- 35) that GHG emissions in California continued to fall ahead of schedule in 2017 as the state’s economy grew ahead of the national average, according to the California Air Resources Board’s latest state inventory of climate-changing emissions. The data also shows that for the first time since California started to track GHG emissions, the state power grid used more energy from zero-GHG sources like solar and wind power than from electrical generation powered by fossil fuels. The updated CARB report on California Greenhouse Gas Emissions for 2000 to 2019 (2021 Edition) indicated that in 2019 emissions from GHG emitting activities statewide were 418.1 million metric tons of carbon dioxide equivalent (MMTCO2e), 7.1 MMTCO2e lower than 2018 levels and almost 13 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e.
The Desert Hot Springs Climate Action Plan (CAP) published in 2013 continues to serve as a comprehensive framework for the development and implementation of policies and programs to
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reduce greenhouse gas emissions (GHG). The CAP is based on the directives of the State’s global warming strategies previously discussed. Therefore, project compliance with the State’s GHG reduction methods and measures would be equivalent and consistent with the City’s CAP measures.
Moreover, a General Plan Update has been adopted by the City, but the use designation applicable to the site remains as Industrial with an Industrial Cannabis Overlay. Moreover, the adopted Desert Harvest Specific Plan is identified on the official land use map. Therefore, there are no considerable changes pertaining to the land use composition and growth assumptions factored into the applicable CAP and adopted General Plan.
The Desert Gateway Greenhouse Gas Analysis was prepared in August of 2022 to account for the Specific Plan Amendment. The revised GHG study utilized the most current methodology and air emissions modeling software to quantify the short-term construction and long-term operation emissions resulting from the project to compare against the applicable GHG regulatory framework. Ther revised GHG study addressed to principal CEQA thresholds of significance, as listed below:
Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs?
The evaluation of an impact under CEQA requires measuring data from a project against both existing conditions and a “threshold of significance.” For establishing significance thresholds, the Office of Planning and Research’s amendments to the CEQA Guidelines Section 15064.7(c) state “[w]hen adopting thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies, or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.”
CEQA Guidelines Section 15064.4(a) further states, “. . . A lead agency shall have discretion to determine, in the context of a particular project, whether to: (1) Use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use . . .; or (2) Rely on a qualitative analysis or performance-based standards.” CEQA Guidelines Section 15064.4 provides that a lead agency should consider the following factors, among others, in assessing the significance of impacts from greenhouse gas emissions:
Consideration #1: The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting. Consideration #2: Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.
Consideration #3: The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such regulations or requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project’s incremental contribution of greenhouse gas emissions. In determining the significance of impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis
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of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is not cumulatively considerable.
Section 15064.4 thus provides options for determining whether GHG emissions are significant. It does not establish a threshold of significance or require that a numeric threshold of significance be used but allows for use of a qualitative analysis or performance-based standards. If lead agencies require quantification, they have the discretion to establish significance thresholds for their respective jurisdictions, and, in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies, or suggested by other experts, such as the California Air Pollution Control Officers Association (CAPCOA), as long as any threshold chosen is supported by substantial evidence (see CEQA Guidelines Section 15064.7(c)). The CEQA Guidelines also clarify that the effects of GHG emissions are cumulative and should be analyzed in the context of CEQA’s requirements for cumulative impact analysis (see CEQA Guidelines Section 15130(f)). It is noted that the CEQA Guidelines were amended in response to SB 97. In particular, the CEQA Guidelines were amended to specify that compliance with a GHG emissions reduction plan renders a cumulative impact less than significant.
Under CEQA Guidelines Section 15064(h)(3), when relying on a plan, regulation, or program, the lead agency should explain how implementing the plan’s requirements ensures that the project’s incremental contribution to the cumulative effect is not cumulatively considerable. In summary, CEQA Guidelines Section 15064(h)(3) allows the lead agency to make a finding of less than significant for GHG emissions if a project complies with adopted programs, plans, policies, and/or other regulatory schemes to reduce GHG emissions such as the City’s 2013 CAP.
In the absence of any applicable adopted numeric threshold, the significance of the Project’s GHG emissions is evaluated consistent with CEQA Guidelines Section 15064.4(b) by considering whether the Project is consistent with applicable regulations or requirements adopted to implement a Statewide, regional, or local plan for the reduction or mitigation of GHG emission.
For this Project, as a land use development project in the City of Desert Hot Springs, the most directly applicable adopted regulatory plan to reduce GHG emissions is the City of Desert Hot Springs 2013 CAP, which is designed to achieve regional GHG reductions from the land use and transportation sectors as required by the State’s long-term climate goals. This analysis also considers consistency with the applicable statewide Scoping Plan.
The primary purpose of quantifying the Project’s GHG emissions is to satisfy State CEQA Guidelines 15064.4(a), which calls for a good-faith effort to describe and calculate emissions and to show under CEQA Guidelines 15064.4(h)(3) that compliance with applicable plans and regulations ensures that the project’s incremental contribution to the cumulative effect is not cumulatively considerable.
The latest version of CalEEMod was used to quantify the project’s GHG emissions. The purpose of this model is to calculate construction-source and operational-source criteria pollutants and GHG emissions from direct and indirect sources. Output from the model runs for construction and operational activity are provided in the appended GHG study and a summary of the total GHG emission levels is provided in Table IV-1, as follows.
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Table IV-1 Total Project Greenhouse Gas Emissions
Unmitigated Emission Source
Emissions
(metric tons per year)
Total CO2E
Annual Construction Emissions Amortized Over 30 Years 86.50 Mobile, Area, Energy, Water Usage, Waste and Refrigerants 22,304.7 Total CO2E (All Sources) 22,391.20
Because no single project is large enough to result in a measurable increase in global concentrations of GHG emissions, climate change impacts of a project are considered on a cumulative basis consistent with the requirements outlined in CEQA Guidelines 15064(h)(3).
Direct Project-related GHG emissions include emissions from construction activities, area sources, and mobile sources, while indirect sources include emissions from electricity consumption, water demand, and solid waste generation. Project-related GHG emissions were quantified with CalEEMod, which relies upon vehicle trip rates and Project-specific land use data to calculate emissions. As previously summarized on Table IV-1, the total amount of unmitigated Project-related GHG emissions from direct and indirect sources combined would total approximately 22,391.20 MTCO2e per year. The City of Desert Hot Springs has not adopted a numeric threshold but has adopted a CAP. The Project has been determined to be consistent with the City’s CAP and the applicable statewide Scoping Plan. Compliance with the CAP and Scoping Plan confirms a finding of no significant cumulative impact on global climate change since the Project would be consistent with and would not conflict with applicable greenhouse gas reduction plans, policies, and regulations. A less than significant impact would occur with respect to this threshold.
To address the question on whether the revised project would result in a conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs, the revised GHG study evaluated the revised study against the City’s CAP and Senate Bill 32 (2017 Scoping Plan).
The City of Desert Hot Springs adopted its CAP in 2013. It includes several programs and policies in various sectors of the community, including transportation, residential buildings, commercial buildings, government incentives, renewable energy, solid waste reduction, and water reduction.
As summarized below, the project would comply with all applicable greenhouse gas reducing programs and policies identified in the CAP. As such, the project would be consistent with applicable measures found in the CAP and would not conflict with any applicable plan, policy, or regulation adopted with the purpose of reducing greenhouse gas emissions. Impacts would therefore be less than significant with respect to this threshold.
The project’s consistency with the 2013 CAP is summarized as follows:
Solid Waste: The project would comply with all local and state diversion requirements, including but not limited to AB 341, which includes a recycling program to reduce waste to landfills by up to 75%.
Commercial Buildings: The project will comply with current Title 24 requirements and will coordinate with the city to determine if enrollment in an Energy Efficiency and Demand Response is necessary. CALGreen is updated on a regular basis, with the most recent
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approved 2022 California Green Building Code Standards taking effect on January 1, 2023. The proposed project would be required to comply with the applicable Title 24 standards in place at the time of building permit submittals. Government Initiatives: The project will comply with the California Green Building Standards Code and any other regulation that is applicable and has been adopted by the City of Desert Hot Springs.
Water: The project will comply with the applicable requirements established in the local water efficient landscape ordinance or the current California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO).
The project’s consistency with SB 32 (2017 Scoping Plan) is discussed in the project specific GHG Analysis found in the Appendix.
The 2017 Scoping Plan Update reflects the 2030 target of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. As summarized, the project will not conflict with any of the provisions of the Scoping Plan and in fact supports several of the action categories which are listed in Table IV-2.
Table IV-2: 2017 Scoping Plan Action Category Summary
Action Category
Implement SB 350 by 2030
Implement Mobile Source Strategy (Cleaner Technology and Fuels) Implement California Sustainable Freight Action Plan
Implement the Short-Lived Climate Pollutant Strategy (SLPS) by 2030 By 2018, develop Integrated Natural and Working Lands Implementation Plan to secure California’s land base as a net carbon sink As shown above and the attached GHG Analysis, the project would not conflict with any of the 2017 Scoping Plan elements as any regulations adopted would apply directly or indirectly to the project.
The project would be required to comply with regulations imposed by the State of California and the South Coast Air Quality Management District (SCAQMD) 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 GHG emissions include:
Global Warming Solutions Act of 2006 (Assembly Bill (AB) 32). Regional GHG Emissions Reduction Targets/Sustainable Communities Strategies (Senate Bill (SB) 375).
Pavley Fuel Efficiency Standards (AB 1493). Establishes fuel efficiency ratings for new vehicles.
California Building Code (Title 24 California Code of Regulations (CCR)) and CALGreen standards. Establishes energy efficiency requirements for new construction. Appliance Energy Efficiency Standards (Title 20 CCR). Establishes energy efficiency requirements for appliances.
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Low Carbon Fuel Standard (LCFS). Requires carbon content of fuel sold in California to be 10 percent (%) less by 2020.
California Water Conservation in Landscaping Act of 2006 (AB 1881). 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. Statewide Retail Provider Emissions Performance Standards (SB 1368). Requires energy generators to achieve performance standards for GHG emissions. Renewable Portfolio Standards (SB 1078 – also referred to as RPS). Requires electric corporations to increase the amount of energy obtained from eligible renewable energy resources to 20% by 2010 and 33% by 2020.
California Global Warming Solutions Act of 2006 (SB 32). 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.
State’s press releases on GHG reduction progress indicate that existing and proposed regulatory framework are working to allow the State to reduce its GHG emissions level to 40% below 1990 levels by 2030. As such, the project is consistent with the Scoping Plan and a less than significant impact is expected.
IX. Hazards and Hazardous Materials
Desert Harvest “Previous” Project MND
The MND evaluated potential hazardous material impacts associated with the construction of the project site. The MND concluded that impacts would be less than significant.
The previous project proposed a mixed-use development including 45,000 square feet of retail commercial buildings on 5.1 acres, 161,000 square feet of harvest commercial uses on 8 acres, and a marijuana cultivation campus with 1,430,000 square feet for building space on 49.4 acres.
Interim cultivation activities were proposed to occur in approximately 82 pre-engineered retrofitted EcoPods. The interim facility was proposed to only occur for six months, with an allowable sixmonth extension, subject to the review of the Community Development Director. Per the MND, the marijuana campus would be consistent with the 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.
Construction of the proposed project was 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 are considerably reduced.
Per the MND, the implementation of control measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the project to prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources. 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
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being discharged. Best management practices are necessary for Material Delivery and Storage; Material Use; and Spill Prevention and Control. The control 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. The MND concluded the implementation of the SWPPP would result in less than significant impacts during project construction.
Per the MND, the nature of the previous 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 retail portion. Industry standards would require 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 previous project proposed the use of on-site liquid propane tanks or diesel tanks to power the backup generator. Construction and installation of the liquid propane tanks would be developed 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 propane tanks would also be required to comply with the National Fire Protection Association Fuel Gas Codes and with the local fire protection regulations.
Per the MND, cultivation activities would involve plant treatment with organic fertilizers, insecticides, acaricides, fungicides, and other crop protection agents. These substances would be stored and applied according to manufacturer's instructions to reduce the potential for incidental release or reactions. Restrictions prohibit the products from being applied directly to water or areas where surfaces waters are present. The MND stated that the cleaning of equipment shall not result in water contamination and 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. 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. Thus, the MND concluded that occurrence of accident conditions or release of hazardous materials is less than significant.
The MND determined that the project site is not located within one-quarter mile of an existing or proposed school and impacts to schools were concluded to be less than significant with the construction and operational practices listed above. The project site was not located within an airport land use plan or in the vicinity of a private airstrip. Therefore, the MND concluded that impacts would not be significant.
A hazardous materials database search was completed for the project site, in which the MND stated that the search results did not identify any records or sites in connection with the subject property. No Leaking Underground Storage Tank Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage
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Tanks are known to occur on or around the property. Therefore, the MND concluded that no impacts related to significant hazard to the public or the environment are expected.
In addition, the MND determined that the project would not alter or impede an existing evacuation route and would not impair implementation of goals and policies of the City of Desert Hot Springs, resulting in less than significant impacts. Wildfire impacts were determined to be less than significant, as the MND concluded that the site was not adjacent to wildlands. The site is also located outside of areas designed as Very High/High/Moderate Fire Hazards Severity Zones for State and Federal Responsibility Areas, and Very High Fire Hazard Severity Zone (FHSZ) for Local Responsibility Areas.
The MND concluded that impacts to hazards and hazardous materials at the project site would be less than significant.
Desert Gateway “Revised” Project
The revised project would not require grading or construction beyond what was analyzed in the MND within the project site. The revised project proposes a mixed-use development with retail and industrial uses, similar to the previous project. Approximately 11 acres and 42,000 square feet of commercial with up to 150 hotel keys, and 53 acres and 1,060,000 square feet of light industrial uses including logistics, warehousing, and cannabis cultivation.
As such, no new or more impacts related to hazards or hazardous materials would occur. As discussed in the MND, compliance with manufacturer standards regarding the handling, use, delivery, and storage of hazardous materials would ensure impacts of accidental release or the handling of hazardous materials during construction of the site would be less than significant.
Operation of the project would not result in the use of hazardous materials in large quantities.
Similar to the MND, the revised project operations would be conducted in compliance with manufacturer standards. All of the same regulatory framework would apply, and the revised project would not involve any changes that would increase the severity of a potential impact related to hazardous and hazardous materials. As previously stated, cultivation activities involve plant treatment with organic fertilizers, insecticides, acaricides, fungicides, and other crop protection agents. The management of toxic cleaning compounds, sanitizing agents, solvents, and potentially flammable materials may also be involved within the proposed facilities. As a result, the application, storage and disposal of these substances would be subject to productspecific restrictions established by the manufacturer and by local, state and federal regulations.
Each product used must be properly identified, held, stored, and disposed in a manner that protects against incidental release, explosive reactions, injury or contamination. Therefore, similar to the MND, the revised project would result in less than significant impacts related to the routine transport, use or disposal of hazardous materials are anticipated.
As discussed in the MND, the project site is not located within one-quarter mile of a school, therefore, impacts to these facilities would not be significant. The project is not within an airport land use plan, or within two miles of an airport or airstrip, therefore, there would be no impacts.
An updated hazardous materials database search was completed for the project site in September 2022. The records search results did not identify any records or sites in connection with the subject property, similar to the MND. No Leaking Underground Storage Tank Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks are known to occur on the property. However, the GeoTracker database registered three properties approximately 0.25 miles northwest and
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southwest of the project. Each of the facilities are registered as LUST Cleanup Sites, with statuses: Completed – Case Closed. Additionally, the registered northwestern and southwestern facilities drain towards the Interstate 10 freeway (not towards the project site). Less than significant impacts to the registered sites or surrounding properties is expected.
The revised project would not physically interfere with an adopted emergency response plan or emergency evacuation plan. The revised project will not result in changes to the existing drive aisles within the project boundaries. The fire truck accessible aisles will remain to ensure adequate emergency response access on-site. Less than significant impacts are expected.
The project is located outside of areas designed as Very High/High/Moderate FHSZ for State and Federal Responsibility Areas, and Very High FHSZ for Local Responsibility Areas. The project is not located near wildlands and impacts were determined to be less than significant. The revised project will not result in additional grading or construction beyond the boundaries of the property analyzed in the MND. Therefore, impacts of wildfires would be less than significant, similar to the MND.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
X. Hydrology and Water Quality
Desert Harvest “Previous” Project MND
The project setting evaluated by the prior MND was found to be visibly flat terrain with a gentle natural slope toward the south, scattered vegetation coverage, and an absence of any mapped naturally occurring drainage courses, washes, streams, rivers, designated floodways, special flood hazard areas, or other pertinent hydrologic features. Surrounding conditions were found to consist of developed and undeveloped parcels. The project site street frontage lacked curb and gutter and any formal public storm drainage facilities, such as inlets or conveyances.
The approved MND evaluated the Specific Plan and associated entitlements against the hydrology and water quality thresholds applicable under CEQA at the time of preparation. The prior analysis cited the regulatory requirements and engineering design approvals necessary to adhere to the local hydrology and surface water quality standards, primarily those established under the National Pollution Discharge Elimination System (NPDES) programs of the Clean Water Act (CWA).
The prior MND found that the proposed engineered storm drain system would work to convey project area runoff via surface and piped flow lines into on-site retention facilities properly sized and configured to the project’s tributary conditions. The retention system would provide the capacity to accept and infiltrate the worst-case incremental increase in stormwater volume resulting from the 100-year controlling storm event, thus complying with the City’s engineering and stormwater retention requirements while preventing urban runoff and potential pollutants from being discharged off-site or being allowed to enter public surface waters. The project’s storm drain system would also provide on-site flood protection for the proposed structures and facilities.
NPDES and CWA compliance would be demonstrated during the City review process involving the approval of engineering improvement plans, a Storm Water Pollution Prevention Plan (SWPPP) applicable during the period of construction, and a Water Quality Management Plan (WQMP) applicable during the life of the project to account for post-construction stormwater
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management conditions. A grading permit would only be issued by the City upon the project’s fulfillment of all regulatory requirements.
Taking into account the project location, proposed engineering design compliance, and applicable regulatory standards, the prior MND analysis found that the project would result in less than significant impacts or no impacts on CEQA hydrology and water quality thresholds evaluated at that time. These included the aspects of water quality standards or waste discharge requirements; groundwater resources; drainage pattern alterations leading to erosion, siltation, flooding, on- or off-site; water quality degradation; urban runoff discharge affecting existing or planned stormwater drainage systems; the placement of people, housing or structures within a 100-year flood hazard area; or inundation by seiche, tsunami or mudflow. The basis for these findings relied primarily on the required stormwater management features incorporated into the site design and engineering plans. Therefore, no mitigation measures were necessary pertaining to hydrology and water quality.
Desert Gateway “Revised” Project
Since the prior environmental review, the project site has not incurred any substantial change in circumstances pertaining to the physical hydrologic conditions, surface water quality conditions, or the relevant regulatory framework. The 2018 CEQA Guidelines Update involved minor revisions to the subject of hydrology and water quality but did not result in any considerable changes to the scope or thresholds.
As a physical setting, the project site maintains a vacant condition with a level terrain and scattered vegetation, visibly unchanged from the site characterization made in the prior MND. The surrounding context continues to include vacant and developed parcels. To the northwest and north, light industrial land development with incorporated stormwater management has taken place, upgradient relative to the Project. The applicable FEMA designation (Zone X Shaded) does not represent a change in the flood risk category since the prior analysis.
Moreover, the applicable Statewide and regional stormwater regulations and permits under the CWA and NPDES programs have not undergone any significant changes or updates. As a result, implementation of the revised project will continue to involve the same categories of required engineering plans, SWPPP, and WQMP. Given that revised project does not involve a modification to the project acreage, the extent of site disturbance will remain unchanged in relation to the prior analysis.
In 2017, when the prior MND was prepared, the Mission Springs Water District (MSWD) 2015 Urban Water Management Plan was the applicable document. In 2019, the six urban water suppliers in the Coachella Valley, consisting of MSWD, Coachella Valley Water District (CVWD), Coachella Water Authority, Desert Water Agency (DWA), Indio Water Authority (IWA), and Myoma Dunes Mutual Water Company, agreed to collaborate on the preparation of a 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP) with regional and individual agency content. The 2020 RUWMP describes the region’s water supplies and anticipated demands through 2045. It also describes each agency’s programs to encourage efficient water use. A Water Shortage Contingency Plan (WSCP) has also been prepared to outline each agency’s actions that could be taken during a water shortage to reduce demands. The agencies have coordinated their WSCPs to provide consistent shortage levels and response actions across the region. In November of 2021, the Mission Creek Subbasin Alternative Plan Update was completed in compliance with the Sustainable Groundwater Management Act (SGMA). The Alternative Plan Update was prepared to ensure that the most current projections for population
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growth, land use, imported water supply, and other future conditions were incorporated into water management planning for the region. In the context of this plan, the project site was accounted for as vacant land available for development with an associated water demand. Replenishment of the Mission Creek Subbasin Management Area continues to be accomplished via the artificial recharge of State Water Project (SWP) water exchanged for Colorado River water at the Mission Creek Groundwater Replenishment Facility (GRF), located approximately 3.5 miles northwest of the project. In 2020, a total of 1,768 AF of Colorado River water was delivered to the Mission Creek GRF for direct replenishment. According to the 2020 RUWMP, since 2003, groundwater levels have risen and stabilized throughout the subbasin, which is deemed evidence that implementation of the recharge strategy has effectively abated the overdraft that preceded it.
Given that the 2020 RUWMP and Mission Creek Subbasin Alternative Plan Update represent an improvement upon the analysis for future projected groundwater demand and supply based on more current population growth and land development factors, along with a water shortage contingency process, the revised project occurring under the updated plan does not constitute an adverse change in circumstances that would result in different findings of significance pertaining to groundwater resources. The Mission Springs Water District WSCP is an active plan ready to be implemented in the event of prolonged drought conditions.
To account for the changes in site drainage incurred by the revised project, the proposed design incorporates properly designed conveyances and on-site retention facilities sized for the controlling storm event requirements without involving a routine discharge condition onto the public right-ofway or onto any public surface waters. The engineering plans, including hydrology, precise grading, street, storm drain, SWPPP, and WQMP for the revised project will be subject to the standard City review and approval process prior to issuance of a grading permit.
Regarding water demand, the revised facilities are expected to continue implementing the most current water conservation measures and irrigation systems while continuing to contribute towards regional groundwater recharge efforts through the water service payments and associated surcharges for conservation, in accordance with the 2020 RUWMP and Mission Creek Subbasin Alternative Plan Update.
By maintaining the same stormwater management strategy as the approved site design, the proposed revisions will continue to address the surface water quality requirements through site infiltration and groundwater recharge. Therefore, less than significant impacts are maintained for all aspects of hydrology and water quality, including regulatory compliance.
XI. Land Use and Planning
Desert Harvest “Previous” Project MND
The MND stated that the site was surrounded by vacant undeveloped land to the north and east, vacant and commercial uses to the west, and commercial and Interstate 10 to the south. Thus, the MND determined that the project would not disrupt or divide the physical arrangement of an established community. No impacts are anticipated.
At the time the MND was written, a Conditional Use Permit (CUP), Regulatory Permit (RP), and Development Agreement (DA) for the development and operation of the previous cultivation campus was 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
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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 AdultUse Cannabis Regulation Safety Act (SB 94). Project entitlements also included 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 MND determined that the previous project would be consistent with the surrounding uses and the project’s physical characteristics and internal operations would not conflict with the City’s land use, zoning or other regulatory policies. Site design features would be reviewed and approved by the City relative to compliance with the City’s General Plan and Zoning. Less than significant impacts were expected.
The project is not located within a Conservation Area as designated by the Coachella Valley MultiSpecies 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.
Desert Gateway “Revised” Project
The revised project would not create any new land use barriers, preclude the development of surrounding parcels, or otherwise divide or disrupt the physical arrangement of the surrounding established community, as the areas surrounding the project site are developed and undeveloped. The site is designated as Industrial with an Industrial Cannabis Overlay by the City’s General Plan and Light Industrial with an Industrial Cannabis Overlay by the Zoning Code.
The revised project proposes the construction of up to 1,060,000 square feet of logistics, warehousing, and light industrial space, 42,000 square feet of retail commercial, and 2 hotels totaling up to 150 keys. In order to allow these uses onsite, the project entitlements will include the following:
- Specific Plan Amendment (SPA): The SPA will cover approximately 65 acres to provide updated comprehensive development guidelines, allowable uses, and development standards.
- Zone Text Amendment (ZTA): The ZTA will amend Chapter 17.190, Desert Harvest Specific Plan, of the DHSMC to reflect the development standards of the SPA. - Tentative Parcel Map (TPM)/Tentative Tract Map (TTM): TPM/TTMs may be used to implement the project and subdivide the property into smaller parcels/lots for development or sale. TPM/TTMs may be filed with each phase of development as necessary in accordance to DHSMC and the Subdivision Map Act.
- Design Review (DR): Future development projects within the SPA area shall follow the DR process as outlined in Chapter 17.80 of the DHSMC. This is intended to ensure that project architecture, landscape and site design have been reviewed by the Planning Commission and are found consistent with the SPA.
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- Conditional Use Permit (CUP): Development of Marijuana cultivation and Cannabis uses requires approval of a CUP in compliance with Sections 5.50 and 17.180 of the Desert Hot Springs Municipal code.
- Final Parcels/Tract Map: Following TPM/TTM approval, the applicant must record a Final Parcel or Tract Map to create legal lots.
- Lot Line Adjustment (LLA): If necessary, to adjust existing parcel lines providing a flexibility to adjust parcel acreages to facilitate future development projects.
The project would be consistent with the surrounding land uses and existing buildings. With the submittal and approval of the above entitlements, the project would not conflict with the City’s land use, zoning, or other regulatory policies. Site design features will be reviewed by the City of DHS relative to compliance with the SPA, ZTA, and surrounding area.
In addition, the revised project would not consist of components that would conflict with any applicable habitat conservation plans or natural conservation plans and will be required to pay development fees to support the acquisition of conservation lands of the CVMSHCP. No new or more severe impacts associated with land use and planning would occur as a result of implementing the revised project.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XII. Mineral Resources
Desert Harvest “Previous” Project MND
The MND concluded that less than significant impacts to mineral resources would occur, as the site is not feasible to utilize as a mining operation. The MND determined that 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.
Additionally, the project site was 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 to mineral resources were identified in the MND.
Desert Gateway “Revised” Project
Similar to the MND, the revised project would not be feasible to use the project site for mining operation due to the site’s zoning and land use designation. Additionally, the site is currently developed as a cultivation facility, and is surrounded by an existing light industrial facility to the
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north. The City’s General Plan does not identify the project site as an existing or past extraction site. Therefore, implementation of the revised project would result in less than significant impacts related to the loss of local, regional, or state mineral resources, similar to the MND.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XIII. Noise
Desert Harvest “Previous” Project MND
The project is located in a partially 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 previous project proposed cultivation and commercial uses within the 64.91-acre site.
Per the MND, the highest noise levels that can be detected at the first 135 feet along the southerly project 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. The U.S. Department of Transportation (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 conversational speech. As such, traffic noise local roadways, including 20th Avenue, Interstate 10, and Indian Canyon Drive are not deemed to represent and existing source of substantial noise levels, such that would be deemed incompatible with the established thresholds in the City’s General Plan.
Additionally, noise resulting from the project operations was anticipated to be largely contained in the proposed structures or facilities, while noise increases resulting from project-related traffic expected to impact any sensitive noise receptor uses, as none are located near the project. The MND concluded that less than significant impacts related to permanent increases in ambient noise levels was expected.
The MND stated that construction activities at the site would result in short-term noise increases compared to the existing levels. However, as a standard requirement, the project would be required to abide by the Municipal Code regulations on construction hours, which limit activities to 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. Per the MND, the project was also expected to follow common industry standards that limit noise level increases during construction, such as requiring all construction equipment, fixed or mobile, to be equipped with properly operating and maintained mufflers. Additionally, approved haul routes would minimize exposure of sensitive receptors to potential adverse levels from hauling operations.
Operation of the project would also result in incremental increases to traffic-related noise. All cultivation operations, including materials management, would occur indoors and within fenced limits. Outdoor activities associated with the circulation in the project was 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 system components). While the project would result in operations that would occur in the proposed structures were not expected
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to result in the generation of noise levels that would surpass the community noise and land use compatibility standards. Thus, the MND concluded that impacts would be less than significant.
According to the MND, the project site is surrounded by a combination of vacant and developed land, including relatively close proximity to the Interstate 10 Freeway. The project was and is not located near any existing residential uses or sensitive noise receptors. Groundborne vibration can be attributed to circulation of large vehicles and trucks along 20th Avenue, Interstate 10 Freeway, and Indian Canyon Drive. However, the MND stated that these do not reach thresholds 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 would 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.
Finally, the MND determined that the project is located approximately 4.3 miles north of the Palm Springs International Airport and was not located within its airport land use plan, and the site was not located within the vicinity of a private airstrip. Therefore, there were no impacts.
The MND concluded that impacts to noise as a result of the project would be less than significant.
Desert Gateway “Revised” Project
The revised project would not require grading or construction beyond what was analyzed in the MND within the project site. As such, no new or more impacts related to noise would occur.
Impacts would be less than significant, similar to the MND.
Similar to the MND, construction activities associated with the revised project are only permitted between 7:00 a.m. and 5:00 p.m. Monday through Saturday (per the City Municipal Code). 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 revised 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. Similar to the MND, construction noise generated by the revised project is expected to be less than significant.
The revised project, as stated throughout this environmental document, is proposing a mixed-use development with 11 acres for commercial and 49 acres for industrial uses. Currently, the property is vacant and undeveloped. The revised project will not change the operation of the property, only the acreages of the Planning Areas in which they occur. Noise generated by the operation of the revised project will be consistent with the surrounding industrial buildings west of the project in
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the City of Desert Hot Springs’s Commercial land use designation with Industrial Cannabis Overlay. Similar to the MND, the revised project proposes the potential for cultivation activities to occur indoors and within the fenced limits. The nature and intensity of operations that would occur in the industrial structures are not expected to result in the generation of noise levels that would surpass the community noise and land use compatibility standards. The revised project will not increase operational noise to levels that were not analyzed in the MND.
Similar to the previous project, the revised project will result in increased vehicle traffic to and from the site, compared to its current undeveloped state. Therefore, the revised project is expected to result in an increase in traffic-related noise levels, but this increase is not expected to be significant since it is not likely that the parking onsite will be 100 percent occupied during the operation of the revised project. The revised project would not significantly alter on- or off-site noise generation, as the proposed uses would be similar to the existing uses in the surrounding area.
Similar to the MND, noise levels associated with the revised project would not conflict with the City’s Noise Ordinance or the General Plan noise standards, resulting in less than significant impacts.
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 and 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.
Finally, as stated above, the project was located approximately 4.3 miles north of the Palm Springs International Airport and was not located within its airport land use plan, and the site was not located within the vicinity of a private airstrip. Therefore, no impacts are anticipated.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XIV. Population and Housing
Desert Harvest “Previous” Project MND
The Desert Harvest project proposed the development of 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
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Plan. This will allow for a combination of commercial and light industrial uses in conformance with the General Plan. 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.
Per the MND, the City’s 2000 General Plan Land Use Element projected that 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 Interstate 10 Freeway via Indian Canyon Drive and 20th Avenue and indirect growth from extension of roads and infrastructure is not anticipated. The Desert Harvest project would be served by existing roads and infrastructure with minor proposed upgrades and connections.
Therefore, the MND concluded that the project was not anticipated to induce substantial population growth for either directly or indirectly and less than significant impacts were expected.
Additionally, due to the vacant character of the site, the MND determined that the site would not displace any existing housing or require replacement housing. Therefore, the MND concluded that there would be no impact to replacement housing as a result of the project.
Desert Gateway “Revised” Project
The revised project would not displace any existing housing units or people, as the site is currently vacant and undeveloped. Residential homes do not occur within the project site. Therefore, the revised project would result in no impacts to existing housing.
The revised project would result in the development of a logistics, warehouse, distribution center and light industrial uses (up to 1,060,000 square feet), commercial retail uses (up to 42,000 square feet), and hospitality uses (up 10 150 hotel keys).
Similar to the revised project, approval and development of the revised 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. The Desert Gateway project anticipates up to 7,181 passenger car trip-ends per day according to the project-specific Traffic Analysis. 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 hotel component of the proposed project would result in temporary increases in the transient population, however, the hotel guests are not anticipated to contribute permanently to the population in Desert Hot Springs.
The project has vehicular access to the Interstate 10 Freeway via Indian Canyon Drive and 20th Avenue and indirect growth from extension of roads and infrastructure is not anticipated. The
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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.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XV. Public Services
Desert Harvest “Previous” Project MND
The MND found that impacts to fire protection, police services, and schools would be less than significant.
The MND stated that development of the project would increase the demand on fire and police services, however based on the site proximity to the City’s existing fire stations, the project would be adequately served without the expansion of new police and fire facilities and adequate response times would be met. Additionally, project review by City, Fire and Police officials would be required to ensure adequate emergency services are provided as a result of project implementation. The project would also required to comply with the City’s Development Impact Fees (DIF) to assist with the funding of public facilities and services, including police and fire.
Per the MND, the Desert Harvest 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 would not be expected to substantially alter school facilities or the demand for public education and no new facilities would need to be constructed. Additionally, any future development would be required to pay PSUSD, developer impact fees to assist in offsetting impacts to school facilities. At the time the MND was written, development fees were $3.48 a square foot for residential and $0.56 a square foot for commercial projects. The project would be required to pay these fees, and less than significant impacts to school services were expected in the MND.
The MND concluded that the previous project would not create additional demand for public park facilities, government services, and other public facilities. The MND did not identify any potentially significant impacts to public services; therefore, mitigation was not required, and the project would result in less than significant impacts to public services.
Desert Gateway “Revised” Project
The revised project would not require construction disturbance beyond what is analyzed in the IS/MND. The development of the revised project conforms to the City’s General Plan and Zoning land use designation. The project may result in an increase in public services such as fire and police services. The project would be required to implement all applicable fire safety requirements, to include installation of fire hydrants, and sprinkler systems. Moreover, the project would be required to pay Development Impact Fees (DIF) in place at the time of construction. Payment of these fees goes towards the funding of public facilities including but not limited to fire stations, park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings.
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Additionally, similar to the previous project, the revised project will be required to pay developer impact fees to the PSUSD to assist in offsetting impacts to school facilities. According to the 2022 Fee Justification Study, the developer impact fee is $4.79 per square foot for all new residential development, and $0.78 per commercial/industrial development square foot.
With the payment of these developer impact fees, impacts associated with public services will be less than significant.
Major revisions to the MND are not required as a result of the revised project and there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XVI. Recreation
Desert Harvest “Previous” Project MND
The previous project proposed to construct a mixed-use commercial and light industrial development on approximately 64.91 acres of vacant land. The MND stated that residential development directly generates demand for recreation and park facilities. 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.
Additionally, the MND stated that no construction expansion of other recreational facilities is required for project implementation.
Desert Gateway “Revised” Project
The revised project proposes a mixed-use development, similar to the previous project, however, the revised project is reducing the commercial retail area from 13.18 acres and a building area of 206,000 square feet to 11 acres and a building area of 42,000 square feet with up to 150 hotel keys and increasing the light industrial area from 49.42 acres to 53 acres (decreasing building square footage from 1,481,518 building square footage, to up to 1,060,000 square feet). The revised project proposes similar zoning designations as the previous project.
Similar to the previous project, employment generated by the revised project would not cause a substantial increase to the existing neighborhood or regional parks. The project’s hospitality component (up to 150 hotel keys) may result in the use of local recreational parks; however, this increase would not result in the deterioration of existing recreational facilities in the City.
Additionally, the project would be required to pay development fees, compliant with the Quimby Act, to the City to support the development of new and the maintenance of existing parks. With the payment of the development fees, the project would result in less than significant impacts to recreational facilities.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
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XVII. Tribal Cultural Resources
Desert Harvest “Previous” Project MND
As discussed in the Cultural Resources section of this document, CRM Tech conducted a project and site-specific study on historical and archaeological resources. The assessment included records searches, Native American scoping, historical background research, and field survey.
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.
The previous 2008 Cultural Resources survey previously prepared 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. No other sites, buildings, structures, objects, features, or artifacts of prehistoric or historical origin were encountered during the survey.
Furthermore, the NAHC reported that the sacred land research yielded negative results for Native American Cultural Resources within the Project area. However, 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) and requested Native American Cultural Resources monitors from their respective Tribes are present during all ground disturbing activities in the project area.
As required by AB 52, the City of Desert Hot Springs initiated a 30-day Tribal consultation period with local Tribes and Mitigation identified as CR-1 and CR-2 satisfied the Tribes request and concluded consultation.
Desert Gateway “Revised” Project
The revised project consists of an approximately 1,059,240 square foot distribution center, 2 commercial areas (42,000 square feet total), and a 150-room hotel. Similar to the previous project, the revised project proposes to develop a mixed-use project on approximately 65 acres within two distinct planning areas that would provide for a variety of commercial retail, logistics, and lightindustrial uses. The Revised Project would comply with standard construction practices and would continue to implement Mitigation Measures CUL-1 through CUL-4. Therefore, no new or substantially more severe impacts would occur and major revisions to the MND are not required.
XVIII. Transportation
Desert Harvest “Previous” Project MND
Operation of the project, including its contribution of Average Daily Trips (ADT) associated with the mixed-use development that included retail uses, cannabis cultivation facilities, and infrastructure, was not expected to result in a substantial increase in traffic. The project was proposed to consist of approximately 57 acres of cultivation, processing, and administration facilities, 59,000 square feet of Retail, and 9,000 square feet of Drive Thru buildings. Access to and from the project was proposed to occur via 20th Avenue and the future Calle De Los Romos.
The trip generation rates were not available for Cannabis Cultivation in the Institute of Transportation Engineers (ITE) 9th Edition, therefore the Nursery, Specialty Retail Center, and
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Pharmacy w/Drive-Thru land uses were utilized to determine impacts relative to trip generation for the proposed project.
The Traffic Impact Analysis (TIA) for the project analyzed the Existing (2017), Existing Plus Project (E+P), Existing Plus Ambient Plus Project (EAP 2019), and Existing Plus Ambient Plus Project Plus Cumulative (EAPC 2019) traffic conditions. The TIA found that the study area intersections would operate at an acceptable level of service (LOS) for all conditions except for EAPC (2019) conditions at Indian Canyon Drive/19th Avenue and Indian Canyon Drive/20th Avenue during the AM and PM peak hours. Several off-site improvements were recommended to address the intersections with operational deficiencies, such as the addition of new turn lanes, installing stop control, and widening 20th Avenue. These recommended improvements are in compliance with the geometrics assumed in the City of Desert Hot Springs, City of Palm Springs, and County of Riverside General Plan Circulation Elements. Additionally, by following compliance with Standard Conditions including adjacent roadway improvements and payment of TUMF and Development Impact Fees, the project was expected to result in a less than significant impact.
Desert Gateway “Revised” Project
The revised project is to consist of an approximately 1,059,240 square foot distribution center, 2 commercial areas (42,000 square feet total), and a 150-room hotel. Similar to the previous project, the revised project proposes to develop a mixed-use project on approximately 65 acres within two distinct planning areas that would provide for a variety of commercial retail, logistics, and lightindustrial uses.
The previous project would have been expected to generate approximately 4,601 daily vehicle trips or average daily trips (ADT) on a typical weekday. The trip generation rates for the proposed land uses of Hotel (310) and Shopping Center (822) were used for the hotel and commercial retail portions of the proposed project. These generation rates are published in the Institute of Transportation Engineers (ITE) Trip Generation (11th Edition). For the distribution center portion of the project, trip generation rates from the TUMF High-Cube Warehouse Trip Generation Study (WSP, January 29, 2019) were utilized. While the commercial retail center in the revised project is expected to introduce fewer daily trips than the specialty retail center in the previous project, the addition of the hotel building in place of the drive-thru dispensary and the trip generation rate utilized for the warehouse created an increase of introduced daily trips.
While the revised project would result in an increase in traffic levels associated with the additional hotel building, compared to the existing developed and proposed condition, the nature and intensity of operations that would occur in the proposed structures are not expected to result in the generation of traffic levels that would surpass the City of Desert Hot Springs standards. The following tables demonstrate the differences between estimated ADT of the previous and currently proposed project.
Table XVII-1
Trip Generation Rates for Existing Project Land Uses (note 1) Land Use Unit Daily
Trip Rate
AM Peak Hour PM Peak Hour
In:Out
Split
Trip Rate In:Out
Split
Trip
Rate
Nursery (Cultivation/Greenhouse) 818 AC 19.50 50:50 0.26 51:49 0.45 Specialty Retail Center 826 TSF 44.32 48:52 6.84 56:44 5.02 Dispensary w/Drive-Thru window 881 TSF 96.91 52:48 3.45 50:50 9.92
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Draft Addendum September 2022
Table XVII-2
Trip Generation for Proposed Project Land Uses vs Previous Land Uses The revised project will introduce 2,580 additional daily trips to the Indian Canyon area, with 86 less AM peak hour trips and 193 additional PM peak hour trips compared to the previous project during harvest season. For Existing (2022) traffic conditions, the Indian Canyon Drive/19th Avenue intersection is currently operating at an unacceptable LOS during the PM peak hour. For EAP (2024) and EAPC (2024) traffic conditions, there are no new study intersections found to operate at an unacceptable LOS during AM and PM peak hours. Although the proposed project would introduce additional vehicle trips to the site than the previous project, the installation of off-site traffic signal at the Indian Canyon Drive/19th Avenue intersection would address operational deficiencies for opening year (2024) conditions.
Following compliance with Standard Conditions including adjacent roadway improvements and payment of TUMF and Development Impact Fees, the project is expected to result in less than significant impacts similar to the previous project.
Vehicle Miles Traveled
Additionally, in December 2018, changes to California Environmental Quality Act (CEQA) Guidelines were adopted, which requires all lead agencies to adopt Vehicle Miles Travelled (VMT) as a replacement for automobile delay-based LOS as the new measure for identifying transportation impacts for land use projects. This statewide mandate went into effect July 1, 2020—between preparation of the previous and proposed projects. Though CEQA does not require the analysis of topics that were not a part of CEQA Guidance, a VMT analysis is included herein.
The Vehicle Miles Traveled (VMT) Screening Analysis was provided by Urban Crossroads for the proposed project.
To be consistent with County Guidelines, the project was evaluated for available screening criteria based on their location and project type to determine if a presumption of a less than significant transportation impact can be made. The following project screening thresholds were selected for review based on their applicability to the proposed project:
Small Projects Screening
High Quality Transit Areas (HQTA) Screening
Map-Based Screening
Maximum Density Land Use Density
KSF
Acreage Quantity
Room
Daily
Trips
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Previous Project 68 57.1 - 4,601 216 232 448 224 189 413 Nursery - 57.1 - 1,114 7 7 14 13 13 26
Specialty Retail Center 59 - - 2,615 193 210 403 166 131 297 Dispensary w/Drive-Thru 9 - - 872 16 15 31 45 45 90
Proposed Project 1101.24 - 150 7,181 241 121 362 255 351 606 High-Cube Warehouse 1059.24 - - 3,059 128 41 169 62 157 219 Hotel - - 150 1,835 53 41 94 54 56 110
Commercial Retail 42 - - 2,287 60 39 99 139 138 277
Difference 2,580 25 -111 -86 31 162 193
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Draft Addendum September 2022
Local Essential Services Screening
The VMT analysis found that the Small Projects screening criteria was met for the retail land uses, the Map-Based screening criteria was met for the industrial land uses, and the Local Essential Service screening criteria was met for the hotel land uses. The HQTA screening criteria was not met. Since each of the project land uses met the VMT screening criteria, a comprehensive VMT analysis is not required, and the project is expected to have a less than significant impact on VMT.
Major revisions to the MND are not required as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XIX. Utilities and Service Systems
Desert Harvest “Previous” Project MND
The MND determined that the project would result in less than significant impacts to utilities and service systems including water infrastructure and supply, wastewater infrastructure, stormwater infrastructure, or solid waste facilities.
The previous project was designed to connect into sewer infrastructure contingent upon on the MSWD proposed RWWTP and a 21’” sewer line proposed on Little Morongo Road as outlined in the 2007 MSWD Sewer Master Plan. However, the development of the proposed project was not reliant on the installation of sewer and as an alternative is designed with a private sewer package plan with the ability to initially process up to 10,000 gallons of waste water per day on site, the package plant would be located just east of the Projects entrance. The plant would have been designed to expand as the project proceeded into its other phases, with the intent of ultimately moving it to the MSWD proposed RWWTP property once this site is up and running and they are ready to accept it. The operation and construction of the package plant would have complied with the requirements of the State Regional Water Quality Control Board and Riverside County Health Department along with MSWD and the City.
MSWD has available infrastructure and availability of potable water. Domestic water for the project would connect to the existing 12” and 26” inch water mains in 20th Avenue. The project would then connect to water and sewer through a series of water service lines and sewer laterals.
Solid waste generated by a Medical Marijuana Cultivation facility was determined to be minimal.
Solid waste disposal and recycling services for the City of Desert Hot Springs are provided by Desert Valley Disposal (DVD). Commercial waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site.
CalRecycle data indicates that these landfills have 40-50% of their remaining estimated capacity.
Finally, the MND concluded that the project would comply with all applicable solid waste statutes and guidelines and impacts to solid waste statues and regulations would not be significant.
The IS/MND did not identify any potentially significant impacts to Utilities and Service Systems; therefore, mitigation was not required, and the project would result in less than significant impacts to Utilities.
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Draft Addendum September 2022
Desert Gateway “Revised” Project
The revised project is to consist of an approximately 1,059,240 square foot distribution center, 2 commercial areas (42,000 square feet total), and a 150-room hotel. Similar to the previous project, the revised project proposes to develop a mixed-use project on approximately 65 acres within two distinct planning areas that would provide for a variety of commercial retail, logistics, and lightindustrial uses.
The previous project would have required a sewer package plant since sewer was not yet available to the site. The revised project will now connect directly to sewer by installing a sewer line to the MSWD RWWTP on Little Morongo Road from Avenue 20 and Calle De Los Romos. A series of private sewer lines would be installed to serve the site. The project will also connect to domestic water by connecting to the existing water main on Avenue 20 and installing a public water line down Calle De Los Romos.
Similar to the MND, the revised project will connect to water and sewer through a series of water service lines and sewer laterals; electric power and telecommunication connections are also located with the project’s boundary and will be provided to the site. Natural gas connections are located within proximity of the site and the project is designed with an on-site stormwater retention system that during the life of the project will comply with the City’s drainage requirements by preventing site discharge and transport of untreated runoff. The proposed storm drain system includes facilities which have been preliminarily sized to provide enough storage for the 100-year controlling storm event.
The extension of all onsite utilities will occur within the projects existing footprint and no new construction or new water, wastewater, electric power, natural gas, or telecommunications facilities will need to be constructed or relocated. Therefore, like the MND, the revised project would result in less than significant impacts.
Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Bandlands Disposal site has 7,800,000 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 3,884,470 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards. The revised project will comply with all applicable solid waste statutes and guidelines and impacts to solid waste statues and regulations would not be significant. Additionally, the revised project will be required to comply with mandatory commercial and multifamily recycling requirements of Assembly Bill 341. Therefore, impacts to solid waste facilities will be less than significant.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XX. Wildfire
Desert Harvest “Previous” Project MND
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The previous project MND did not discuss project-related wildfire impacts since it was not a required topic by CEQA at the time the MND was written and adopted. It is included here for informational purposes.
Desert Gateway “Revised Project”
The approximately 64.91-acre project site, located north of 20th Avenue and east of existing commercial buildings, is characterized as undeveloped, vacant land. According to CAL Fire’s Fire Hazard Severity Zones (FHSZ) in State Responsibility Areas (SRA) Map, the project is not located in an SRA or located in an area classified as very high fire hazard severity zone (VHFHSZ).
Additionally, the project property is not located in or near lands classified as high or moderate fire hazard severity zones. The closest SRA or VHFHSZ classified area is located approximately 5.40 miles north of the project site. Due to the project’s distance from SRAs and areas designated as VHFHSZs, the MND concluded that no impacts are anticipated.
Major revisions to the MND are not required due to changes to the project as there have been no substantial changes in circumstances requiring major MND revisions; and there is no new information showing greater significant effects than disclosed in the previous MND.
XXI. Mandatory Findings of Significance
Desert Harvest “Previous” Project MND
The MND found that the mixed-use project would result in no impacts, less than significant impacts, or less than significant impacts with mitigation implemented related to biological, cultural, and tribal cultural resources.
The previous project proposed 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 was prepared to provide a comprehensive development plan, allowable uses, and development standards for the property. Cultivation is a conditionally permitted use with the City’s Light Industrial zone with a Conditional Use Permit and Regulatory Permit. The facility would be compatible with the existing and future land uses within the Light Industrial and General Commercial zone. Based upon the information and mitigation measures provided within this Initial Study, approval and implementation of the previous project is not expected to result in impacts that, when considered in relation to other past, current or probable future projects, would be cumulatively considerable. Less than significant impacts are expected.
The MND determined that the previous project would not result in substantial adverse effects on human beings, either directly or indirectly. As discussed throughout this document, all impacts can be mitigated to a level of less than significant, with the implementation of standard conditions and mitigation measures listed within the MND.
Desert Gateway “Revised Project”
Similar to the MND, the revised project would result in potentially significant impacts to biological and cultural resources. However, this impact would be reduced to less than significant through implementation of the MND mitigation measures. No additional impacts were identified as a result
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of the revised project’s site plan, and no deficiencies were identified related to the City’s General Plan as a result of the project revisions.
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Sources
City of Desert Hot Springs General Plan, May 26, 2020
City of Desert Hot Springs General Plan Environmental Impact Report, 2020 City of Desert Hot Springs Municipal Code
Riverside County General Plan (RCIP), adopted October 7, 2003 Mission Springs Water District 2015 Urban Water Management Plan, June 2016 Mission Springs Water District Wastewater System Comprehensive Master Plan, April 2007
Special Studies
Desert Gateway Air Quality Impact Analysis, Urban Crossroads, Inc., August 2022.
Desert Gateway Greenhouse Gas Analysis, Urban Crossroads, Inc., August 2022.
Desert Gateway Traffic Analysis, Urban Crossroads, Inc., June 2022.
Desert Gateway Vehicle Miles Traveled (VMT) Screening Analysis, Urban Crossroads, Inc., June 2022.
Final Initial Study and
Mitigated Negative Declaration
Application for Specific Plan (SP 02-17)
General Plan Amendment (GPA 03-17)
Zoning Map Amendment (ZMA 02-17)
Tentative Parcel Map (TPM 37332)
Conditional Use Permit (CUP 28-17)
Development Agreement (DA 18- 17)
Desert Harvest
Prepared for:
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, California 92240
Prepared by:
MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
Desert Hot Springs Planning Department
Daniel Porras Community
Development Director City of
Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, California 92240
760-329-6411
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
August, 2017
TABLE OF CONTENTS
Title Page No.
Chapter 1 - Introduction
1.1 Purpose and Authority........................................................................3
1.2 Determination.....................................................................................5
1.3 Authority to Prepare a Negative Declaration ......................................5
1.4 Public Review Process.......................................................................5 Chapter 2 – Project Summary
2.1 Project Location..................................................................................6
2.2 Project Description .............................................................................9
2.3 Mitigation Monitoring Program..........................................................15 Chapter 3 – Environmental Checklist Form....................................................20 Chapter 4 – Discussion of Environmental Topics..........................................22
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
August, 2017
CHAPTER ONE – INTRODUCTION
1.1 Purpose and Authority
The City of Desert Hot Springs (City) is the Lead Agency under the California Environmental Quality Act (CEQA), and is responsible for carrying out, authorizing, or approving actions that have the potential to adversely affect the environment. The Project will require certain discretionary approvals by the City and other governmental agencies. Therefore, the Project is subject to environmental review requirements under CEQA.
CEQA requires that the public agency analyze and acknowledge the environmental consequences of their discretionary actions and consider alternatives and mitigation measures that could avoid or reduce significant adverse impacts resulting from the proposed project.
The project proposes to develop 64.91 acres of vacant land into a mixed-use commercial and industrial project, divided in three (3) phases. This will include two (2) commercial planning areas connected by an open space/retention area containing citrus orchards and date groves and one (1) industrial planning area containing a fenced, secured marijuana cultivation campus.
The marijuana cultivation and processing campus will be located on a qualifying Light Industrial (I-L) Planning Area under the Desert Harvest Specific Plan. The Project is designed for construction in four (4) development phases with build out over approximately 5 years subject to market conditions.
The project proposes to operate an interim cultivation facility while designing and constructing the permanent marijuana 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. The interim operations will be discontinued upon construction completion of the permanent building. 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.
The project proposes a General Plan Amendment (GPA), 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. Lastly, 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
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