Desert Hot Springs City Council
October 17, 2023

9 RESULTS AND FINDINGS

RECORDS SEARCH
The records search results indicate that the project area had not been surveyed systematically for cultural resources prior to this study, although a linear survey had been completed along Dillon Road in 2015 (#10299 in Figure 5). The records identify no known historical/archaeological resources within the project area. Outside but adjacent to the project boundaries, however, Dillon Road had been recorded into the California Historical Resources Inventory and designated Site 33-008410 (CA-RIV-13015H; Brock 1998).

Originally constructed in the early 1930s as a main access road for the Metropolitan Water District of Southern California’s massive Colorado River Aqueduct project, Dillon Road (or Dillon Highway, as it was known historically) was transferred to the County of Riverside upon completion of the project in 1938, dedicated as a public highway subsequently, and named after County Supervisor Robert Emmet Dillon (Smallwood 2015:3). Despite its early ties with one of the most important water supply projects in Californian history, Dillon Road was previously determined not to contribute to the significance of that event, nor to meet any of the other criteria for listing in the National Register of Historic Places or the California Register of Historical Resources or to retain sufficient historic integrity in relation to its period of origin (ibid.:3-6; Brock and di Iorio 1998:8-9; see Appendix 3).

Within the one-mile scope of the records search, records from the EIC identify 20 additional studies completed on various tracts of land and linear features between 1991 and 2017 (Figure 5) and nine other historical/archaeological resources, including seven sites and two isolates (i.e., localities with fewer than three artifacts), as listed in Table 1. All seven sites dated to the historic period, while both of the isolates were prehistoric (i.e., Native American) in origin. Among the sites were other roads nearby, buildings, structural remains, and scattered refuse items, and the isolates consisted of a ceramic sherd and a groundstone fragment. Other than Site 33-008410, none of these localities were found in the immediate vicinity of the project area. Therefore, they require no further consideration during this study.

Table 1. Previously Recorded Cultural Resources in the Scope of Records Search Primary # Recorded by/Date Description
33-004109 D. Everson 1990 Building foundation, circa 1940 33-008409 J. Brock 1998 Palm Drive
33-008410 J. Brock 1998; J. Smallwood 2015 Dillon Road
33-008412 C. di Iorio 1998 Former Dos Palmas Tract sales office 33-008413 C. di Iorio 1998 Former R.H. McDonald real estate office 33-008414 J. Brock 1998 Two-lane dirt road
33-016744 D. Ballester 2007 Isolate: buffware ceramic sherd 33-016745 D. Ballester 2007 Isolate: granite mano fragment 33-016775 M. Dahdul et al. 2008 Remnants of Seven Palms Ranch 33-016776 M. Dahdul et al. 2008 Abandoned well and refuse deposit Item Number: 3.

10 Figure 5. Previous cultural resources studies in the vicinity of the project area, listed by EIC file number. Locations of historical/archaeological resources are not shown as a protective measure.

Item Number: 3.

11 NATIVE AMERICAN PARTICIPATION
In response to CRM TECH’s inquiry, the NAHC reported in a letter dated November 28, 2022, that the Sacred Lands File identified unspecified Native American cultural resource(s) in the project vicinity and recommended contacting the Agua Caliente Band of Cahuilla Indians for further information. In addition, the NAHC provided a referral list of additional Native American representatives in the region who may also have such information. The NAHC’s reply is included in its entirety in Appendix 2 for reference by the City of Desert Hot Springs in future government-togovernment consultations, if necessary.

As mentioned above, CRM TECH has maintained communication with the Agua Caliente Band of Cahuilla Indians from the beginning of the study. On November 30, 2022, the tribe notified CRM TECH that they did not have personnel available to participate in the archaeological fieldwork and requested to be informed of the results of the survey. On December 6, a brief summary of the findings was sent to the tribe via electronic mail. Subsequently, the tribe provided CRM TECH with a formal response to the inquiry on December 8, in which they requested copies of all cultural resources documentation generated for this project and Native American monitoring during grounddisturbing activities in the project area (see Appendix 2).

HISTORICAL RESEARCH
Historical sources consulted during this study yielded no evidence of any settlement or development activities prior to the post-WWII era (Figures 6-9; NETR Online 1972). In the 1940s-1950s, Dillon Figure 6. The project vicinity in 1855-1856. (Source:

GLO 1856a; 1856b)
Figure 7. The project vicinity in 1897-1898. (Source:

USGS 1901)
Item Number: 3.

12 Figure 8. The project vicinity in 1940-1941. (Source:

USGS 1940; 1941)
Figure 9. The project vicinity in 1951-1958. (Source:

USGS 1955; 1958)
Road was the only notable feature in the immediate vicinity of the project area (Figures 8, 9). By 1972, a group of buildings, evidently a residence with ancillary buildings, had appeared in the western portion of the project area (NETR Online 1972). The Desert Self Storage facility in existence today was constructed in 1986, according to Riverside County records (County Assessor n.d.). Meanwhile, the residential complex to the west was removed sometime before 2002, leaving only foundational remains visible by that year (NETR Online 1972-2002; Google Earth 1996; 2002).

Since then, no major changes in land use have been observed on the property (NETR Online 2002- 2020; Google Earth 2002-2021).

FIELD SURVEY
During the field survey, two concrete slab foundations were noted in the western portion of the project area, where the apparent residential complex stood in the 1970s-1980s, along with an abandoned well and a few scattered refuse items, mainly rusted metal cans. Dating only to the late historic period (1950s-1970s), these minor, fragmented, and ubiquitous remains demonstrate no potential for historic significance. The removal of the buildings has effectively severed any association that the property may have had with persons or events in its history, and the small cluster of common refuse items holds little promise for any important archaeological data. As such, the remains of the residential complex are not considered potential “historical resources” under CEQA and require no further study.

No other features or artifacts of historical or prehistoric origin were encountered within the project boundaries. Adjacent to the northern project boundary, Dillon Road (Site 33-008410) remains in use Item Number: 3.

13 today as a local thoroughfare, and its current appearance clearly reflects modern improvements and maintenance. At the project location, the south side of Dillon Road is lined with concrete curb and paved sidewalk of relatively recent vintage. As a result, Dillon Road does not exhibit any distinctively historical character at this location.

DISCUSSION
The purpose of this study is to identify any cultural resources within the project area and assist the City of Desert Hot Springs in determining whether such resources meet the official definition of “historical resources,” as provided in the California Public Resources Code, in particular CEQA.

According to PRC §5020.1(j), “‘historical resource’ includes, but is not limited to, any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.” More specifically, CEQA guidelines state that the term “historical resources” applies to any such resources listed in or determined to be eligible for listing in the California Register of Historical Resources, included in a local register of historical resources, or determined to be historically significant by the lead agency (Title 14 CCR §15064.5(a)(1)-(3)). Regarding the proper criteria for the evaluation of historical significance, CEQA guidelines mandate that “generally a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing on the California Register of Historical Resources” (Title 14 CCR §15064.5(a)(3)). A resource may be listed in the California Register if it meets any of the following criteria:
(1) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
(2) Is associated with the lives of persons important in our past. (3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. (4) Has yielded, or may be likely to yield, information important in prehistory or history. (PRC §5024.1(c))
In summary of the research results presented above, Dillon Road (Site 33-008410), lying outside but adjacent to the northern project boundary, is the only potential “historical resource” encountered during this study, but it was previously determined not to be eligible for listing in the California Register of Historical Resources due to the lack of any specific merit and the significant loss of historic integrity (Brock and di Iorio 1998:8-9; Smallwood 2015:3-6; see Appendix 3). In light of its significantly altered condition at and near the project location, the present study concurs with this evaluation and concludes that no “historical resources” are known to be present within or adjacent to the project area.

CONCLUSION AND RECOMMENDATIONS
CEQA establishes that “a project that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment” (PRC Item Number: 3.

14 §21084.1). “Substantial adverse change,” according to PRC §5020.1(q), “means demolition, destruction, relocation, or alteration such that the significance of a historical resource would be impaired.” Since no “historical resources,” as defined by CEQA and associated regulations, have been identified within or adjacent to the project area, CRM TECH presents the following recommendations to the City of Desert Hot Springs:
• The proposed project will not cause a substantial adverse change to any known “historical resources.”
• No further cultural resources investigation will be necessary for the project unless construction plans undergo such changes as to include areas not covered by this study. • If any buried cultural materials are encountered during earth-moving operations associated with the project, all work in the immediate vicinity should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

REFERENCES
Anderson, M. Kat
2005 Tending the Wild: Native American Knowledge and the Management of California’s Natural Resources. University of California Press, Berkeley.

Bean, Lowell John
1978 Cahuilla. In Robert F. Heizer (ed.): Handbook of North American Indians, Vol. 8:

California; pp. 575-587. Smithsonian Institution, Washington, D.C.

Bean, Lowell John, and Katherine Siva Saubel
1972 Temalpakh: Cahuilla Indian knowledge and usage of plants. Malki Museum Press, Banning, California.

Brock, James
1998 California Historical Resources Inventory record forms, Site 33-008410 (CA-RIV13015H). On file, Eastern Information Center, University of California, Riverside.

Brock, James, and Christine L. di Iorio
1998 Historic Resource Evaluation Report for the Widening of Palm Drive between Interstate 10 and Two Bunch Palms Trail, Desert Hot Springs, California. On file, Eastern Information Center, University of California, Riverside.

County Assessor, Riverside
n.d. County of Riverside Assessor Online Services, Property Search. https://ca-riversideacr.publicaccessnow.com/PropertySearch/Valuation.aspx?p=657220023&a=657220023&m=.

CSRI (Cultural Systems Research, Inc.)
2002 The Native Americans of Joshua Tree National Park: An Ethnographic Overview and Assessment Study. http://www.cr.nps.gov/history/online_books/jotr/history6.htm.

GLO (General Land Office, U.S. Department of the Interior 1856a Plat map: Township No. 3 South Range No. 4 East, SBBM; surveyed in 1855-1856. 1856b Plat map: Township No. 3 South Range No. 5 East, SBBM; surveyed in 1855-1856.

Google Earth
1996-2021 Aerial photographs of the project vicinity; taken in 1996, 2002-2006, 2009, and 2011- 2019, and 2021. Available through the Google Earth software.

Item Number: 3.

15 Gunther, Jane Davies
1984 Riverside County, California, Place Names: Their Origins and Their Stories. J.D.

Gunther, Riverside.

Kroeber, Alfred L.
1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78.

Government Printing Office, Washington, D.C.

Johnston, Francis J.
1987 The Bradshaw Trail; revised edition. Historical Commission Press, Riverside.

Laflin, Patricia
1998 Coachella Valley California: A Pictorial History. The Donning Company, Virginia Beach, Virginia.

NETR (Nationwide Environmental Title Research) Online
1972-2020 Aerial photographs of the project vicinity; taken in 1972, 1983, 1995, 1996, 2002, 2005, 2009, 2010, 2012, 2014, 2016, 2018, and 2020. http://www.historicaerials.com.

Robinson, W.W.
1948 Land in California. University of California Press, Berkeley.

Ross, Delmer G.
1992 Gold Road to La Paz: An Interpretive Guide to the Bradshaw Trail. Tales of the Mojave Road Publishing Company, Essex, California.

Schaefer, Jerry
1994 The Challenge of Archaeological Research in the Colorado Desert: Recent Approaches and Discoveries. Journal of California and Great Basin Anthropology 16(1):60-80.

Shields Date Gardens
1957 Coachella Valley Desert Trails and the Romance and Sex Life of the Date. Shields Date Gardens, Indio.

Strong, William Duncan
1929 Aboriginal Society in Southern California. University of California Publications in American Archaeology and Ethnology Vol. 26.

Smallwood, Josh
2015 California Historical Resources Inventory record forms, Site 33-008410 (CA-RIV13015H; update). On file, Eastern Information Center, University of California, Riverside.

USGS (United States Geological Survey, U.S. Department of the Interior) 1901 Map: San Jacinto, Calif. (30’, 1:125,000); surveyed in 1897-1898. 1940 Map: Palm Springs, Calif. (15’, 1:62,500); aerial photographs taken in 1940. 1941 Map: Edom, Calif. (15’, 1:62,500); aerial photographs taken in 1941. 1955 Map: Desert Hot Springs, Calif. (7.5’, 1:24,000); aerial photographs taken in 1951, fieldchecked in 1955. 1958 Map: Seven Palms Valley, Calif. (7.5’, 1:24,000); aerial photographs taken in 1956, fieldchecked in 1958. 1969 Map: San Bernardino, Calif. (120’x60’, 1:250,000); 1958 edition revised. 1978a Map: Desert Hot Springs, Calif. (7.5’, 1:24,000); 1955 edition photorevised in 1972, photoinspected 1978.
1978b Map: Seven Palms Valley, Calif. (7.5’, 1:24,000); 1958 edition photorevised in 1972, photoinspected in 1978.
1979 Map: Santa Ana, Calif. (120’x60’, 1:250,000); 1959 edition revised.

Item Number: 3.

16 Item Number: 3.

17 APPENDIX 1

PERSONNEL QUALIFICATIONS

PRINCIPAL INVESTIGATOR, HISTORY/ARCHITECTURAL HISTORY
Bai “Tom” Tang, M.A.

Education
1988-1993 Graduate Program in Public History/Historic Preservation, University of California, Riverside.
1987 M.A., American History, Yale University, New Haven, Connecticut. 1982 B.A., History, Northwestern University, Xi’an, China. 2000 “Introduction to Section 106 Review,” presented by the Advisory Council on Historic Preservation and the University of Nevada, Reno.
1994 “Assessing the Significance of Historic Archaeological Sites,” presented by the Historic Preservation Program, University of Nevada, Reno.

Professional Experience
2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1993-2002 Project Historian/Architectural Historian, CRM TECH, Riverside, California. 1993-1997 Project Historian, Greenwood and Associates, Pacific Palisades, California. 1991-1993 Project Historian, Archaeological Research Unit, University of California, Riverside. 1990 Intern Researcher, California State Office of Historic Preservation, Sacramento. 1990-1992 Teaching Assistant, History of Modern World, University of California, Riverside. 1988-1993 Research Assistant, American Social History, University of California, Riverside. 1985-1988 Research Assistant, Modern Chinese History, Yale University. 1985-1986 Teaching Assistant, Modern Chinese History, Yale University. 1982-1985 Lecturer, History, Xi’an Foreign Languages Institute, Xi’an, China.

Cultural Resources Management Reports
Preliminary Analyses and Recommendations Regarding California’s Cultural Resources Inventory System (with Special Reference to Condition 14 of NPS 1990 Program Review Report). California State Office of Historic Preservation working paper, Sacramento, September 1990.

Numerous cultural resources management reports with the Archaeological Research Unit, Greenwood and Associates, and CRM TECH, since October 1991.

Greenwood and Associates, and CRM TECH, since October 1991.

Item Number: 3.

18 PRINCIPAL INVESTIGATOR, ARCHAEOLOGY
Michael Hogan, Ph.D., RPA (Registered Professional Archaeologist) Education
1991 Ph.D., Anthropology, University of California, Riverside. 1981 B.S., Anthropology, University of California, Riverside; with honors. 1980-1981 Education Abroad Program, Lima, Peru.
2002 “Section 106—National Historic Preservation Act: Federal Law at the Local Level,” UCLA Extension Course #888.
2002 “Recognizing Historic Artifacts,” workshop presented by Richard Norwood, Historical Archaeologist.
2002 “Wending Your Way through the Regulatory Maze,” symposium presented by the Association of Environmental Professionals.
1992 “Southern California Ceramics Workshop,” presented by Jerry Schaefer. 1992 “Historic Artifact Workshop,” presented by Anne Duffield-Stoll.

Professional Experience
2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1999-2002 Project Archaeologist/Field Director, CRM TECH, Riverside, California. 1996-1998 Project Director and Ethnographer, Statistical Research, Inc., Redlands, California. 1992-1998 Assistant Research Anthropologist, University of California, Riverside. 1992-1995 Project Director, Archaeological Research Unit, U.C. Riverside. 1993-1994 Adjunct Professor, Riverside Community College, Mt. San Jacinto College, U.C.

Riverside, Chapman University, and San Bernardino Valley College. 1991-1992 Crew Chief, Archaeological Research Unit, U.C. Riverside. 1984-1998 Project Director, Field Director, Crew Chief, and Archaeological Technician for various southern California cultural resources management firms.

Research Interests
Cultural Resource Management, Southern Californian Archaeology, Settlement and Exchange Patterns, Specialization and Stratification, Culture Change, Native American Culture, Cultural Diversity.

Cultural Resources Management Reports
Principal investigator for, author or co-author of, and contributor to numerous cultural resources management study reports since 1986.

Memberships
Society for American Archaeology; Society for California Archaeology; Pacific Coast Archaeological Society; Coachella Valley Archaeological Society.

Item Number: 3.

19 PROJECT ARCHAEOLOGIST/REPORT WRITER
Frank J. Raslich, M.A.

Education
2016- Ph.D. candidate, Michigan State University, East Lansing. 2010 M.A., Anthropology, Michigan State University, East Lansing. 2005 B.A., Anthropology, University of Michigan, Flint. 2019 Grant and Research Proposal Writing for Archaeologists; SAA Online Seminar. 2014 Bruker Industries Tracer S1800 pXRF Training; presented by Dr. Bruce Kaiser, Bruker Scientific.

Professional Experience
2022- Project Archaeologist/Report Writer, CRM TECH, Colton, California. 2022 Archaeological Monitor, Agua Caliente Band of Cahuilla Indians, Palm Springs, California.
2014-2022 Board of Directors, Ziibiwing Center of Anishinabe Culture and Lifeways, Saginaw Chippewa Indian Tribe of Michigan.
2008-2021 Archaeological Consultant, Saginaw Chippewa Indian Tribe of Michigan. 2019 Archaeologist, Sault Tribe of Chippewa Indians and Little Traverse Bay Band of Odawa Indians.
2016-2018 Adjunct Lecturer, Michigan State University, East Lansing. 2017-2018 Adjunct Lecturer, University of Michigan, Flint. 2009-2017 Teaching Assistant, Michigan State University, East Lansing. 2008-2014 Research Assistant, Intellectual Property Issues in Cultural Heritage, Simon Fraser University, British Columbia, Canada.
2010-2013 Research Assistant, Michigan State University, East Lansing. 2009-2011 Archaeologist/Crew Chief, Saginaw Chippewa Indian Tribe of Michigan.

Publications
2017 Preliminary Results of a Handheld X-Ray Fluorescence (pXRF) Analysis on a Marble Head Sarcophagus Sculpture from the Collection of the Kresge Art Center, Michigan State University. Submitted to Jon M. Frey, Department of Art, Art History, and Design, Michigan State University, East Lansing.
2013 Geochemical Analysis of the Dickenson Group of the Upper Peninsula, Michigan: A study of an Accreted Terrane of the Superior Province. Geological Society of America Abstracts with Programs 45:4(53).

Item Number: 3.

20 PROJECT ARCHAEOLOGIST/NATIVE AMERICAN LIAISON
Nina Gallardo, B.A.

Education
2004 B.A., Anthropology/Law and Society, University of California, Riverside.

Professional Experience
2004- Project Archaeologist, CRM TECH, Riverside/Colton, California.

Cultural Resources Management Reports
Co-author of and contributor to numerous cultural resources management reports since 2004.

PROJECT ARCHAEOLOGIST
Hunter C. O’Donnell, B.A.

Education
2016- M.A. Program, Applied Archaeology, California State University, San Bernardino. 2015 B.A. (cum laude), Anthropology, California State University, San Bernardino. 2012 A.A., Social and Behavioral Sciences, Mt. San Antonio College, Walnut, California. 2011 A.A., Natural Sciences and Mathematics, Mt. San Antonio College, Walnut, California.
2014 Archaeological Field School, Santa Rosa Mountains; supervised by Bill Sapp of the United States Forest Service and Daniel McCarthy of the San Manuel Band of Mission Indians.

Professional Experience
2017- Project Archaeologist, CRM TECH, Colton, California. 2016-2018 Graduate Research Assistant, Applied Archaeology, California State University, San Bernardino.
2016-2017 Cultural Intern, Cultural Department, Pechanga Band of Luiseño Indians, Temecula, California.
2015 Archaeological Intern, U.S. Bureau of Land Management, Barstow, California. 2015 Peer Research Consultant: African Archaeology, California State University, San Bernardino.

Item Number: 3.

21 APPENDIX 2

CORRESPONDENCE WITH

NATIVE AMERICAN REPRESENTATIVES
Item Number: 3.

SACRED LANDS FILE & NATIVE AMERICAN CONTACTS LIST REQUEST

NATIVE AMERICAN HERITAGE COMMISSION
1550 Harbor Boulevard, Suite 100
West Sacramento, CA 95691
(916)373-3710
(916)373-5471 (Fax)
[email protected]
Project: Desert RV Storage Project on Assessor’s Parcel Numbers 657-220-003 and -023 (CRM TECH No. 3960)
County: Riverside
USGS Quadrangle Name: Desert Hot Springs and Seven Palms Valley, Calif.

Township 3 South Range 5 East SB BM; Section(s): 7
Company/Firm/Agency: CRM TECH
Contact Person: Nina Gallardo
Street Address: 1016 E. Cooley Drive, Suite A/B
City: Colton, CA Zip: 92324
Phone: (909) 824-6400 Fax: (909) 824-6405
Email: [email protected]
Project Description: The primary component of the project is to expand an existing storage facility to include RV storage. The project site encompasses approximately nine acres in APNs 657-220- 003 and -023, located on the southeast corner of Dillon Road and Beacon Way, in the City of Desert Hot Springs, Riverside County, California.

October 24, 2022
Item Number: 3.

From: [email protected]
Sent: Monday, October 24, 2022 1:55 PM
To: ‘Raslich, Nicole (TRBL)’
Cc: ‘Padilla, Lacy (TRBL)’; ‘[email protected]’ Subject: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH #3960) Hello,
I’m writing to inform you that CRM TECH will be conducting the cultural resources study for the proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of Desert Hot Springs, Riverside County (CRM TECH No. 3960). Specifically, I am contacting you to see if the tribe would like to participate in the field survey the project. We will contact you again when we begin to set up a specific time and date for the fieldwork. We are also asking for any information regarding any Tribal Cultural Resources within or near the proposed project location. I’m attaching the project location map and other information. Please feel free to email back with any questions, comments and/ or information regarding this project and possible availability for the field survey.

Thank you for your time and input on this project.

Nina Gallardo
(909) 824-6400 (phone)
(909) 824-6405 (fax)

CRM TECH
1016 E. Cooley Drive, Ste. A/B
Colton, CA 92324
Item Number: 3.

Dear Ms. Nina Gallardo,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Desert RV Storage project. The project area is not located within the boundaries of the ACBCI Reservation. However, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI THPO requests the following:
[VIA EMAIL TO:[email protected]]

CRM TECH
Ms. Nina Gallardo
1016 E. Cooley Drive, Suite A/B
Colton, CA 92324
November 08, 2022
Re: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH # 3960) Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1134. You may also email me at [email protected].

Cordially,
03-012-2022-010
*A cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in this area.
*A copy of the records search with associated survey reports and site records from the information center.
*Copies of any cultural resource documentation (report and site records) generated in connection with this project.
*The presence of an approved Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer. # Please contact us when you have a date for the field survey to see if we have a staff member available.

Item Number: 3.

Nicole Raslich
Archaeological Technician
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
Item Number: 3.

STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

November 28, 2022
Nina Gallardo

CRM TECH
Via Email to: [email protected]
Re: Proposed Desert RV Storage Project, Riverside County Dear Ms. Gallardo:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information submitted for the above referenced project. The results were positive. Please contact the Agua Caliente Band of Cahuilla Indians on the attached list for information. Please note that tribes do not always record their sacred sites in the SLF, nor are they required to do so. A SLF search is not a substitute for consultation with tribes that are traditionally and culturally affiliated with a project’s geographic area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites, such as the appropriate regional California Historical Research Information System (CHRIS) archaeological Information Center for the presence of recorded archaeological sites.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. Please contact all of those listed; if they cannot supply information, they may recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,
Andrew Green
Cultural Resources Analyst
Attachment

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

SECRETARY
Sara Dutschke
Miwok

COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan

COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki

COMMISSIONER
Wayne Nelson
Luiseño

COMMISSIONER
Stanley Rodriguez
Kumeyaay

COMMISSIONER
[Vacant]

COMMISSIONER
[Vacant]

EXECUTIVE SECRETARY
Raymond C.

Hitchcock
Miwok/Nisenan

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
Item Number: 3.

Agua Caliente Band of Cahuilla
Indians
Patricia Garcia-Plotkin, Director
5401 Dinah Shore Drive
Palm Springs, CA, 92264
Phone: (760) 699 - 6907
Fax: (760) 699-6924
[email protected]
Cahuilla
Agua Caliente Band of Cahuilla
Indians
Reid Milanovich, Chairperson
5401 Dinah Shore Drive
Palm Springs, CA, 92264
Phone: (760) 699 - 6800
Fax: (760) 699-6919
[email protected]
Cahuilla
Augustine Band of Cahuilla
Mission Indians
Amanda Vance, Chairperson
84-001 Avenue 54
Coachella, CA, 92236
Phone: (760) 398 - 4722
Fax: (760) 369-7161
[email protected]
Cahuilla
Cabazon Band of Mission
Indians
Doug Welmas, Chairperson
84-245 Indio Springs Parkway
Indio, CA, 92203
Phone: (760) 342 - 2593
Fax: (760) 347-7880
[email protected]
Cahuilla
Cahuilla Band of Indians
Daniel Salgado, Chairperson
52701 U.S. Highway 371
Anza, CA, 92539
Phone: (951) 763 - 5549
Fax: (951) 763-2808
[email protected]
Cahuilla
Los Coyotes Band of Cahuilla
and Cupeño Indians
Ray Chapparosa, Chairperson
P.O. Box 189
Warner Springs, CA, 92086-0189
Phone: (760) 782 - 0711
Fax: (760) 782-0712
Cahuilla
Morongo Band of Mission
Indians
Robert Martin, Chairperson
12700 Pumarra Road
Banning, CA, 92220
Phone: (951) 755 - 5110
Fax: (951) 755-5177
[email protected]
Cahuilla
Serrano
Morongo Band of Mission
Indians
Ann Brierty, THPO
12700 Pumarra Road
Banning, CA, 92220
Phone: (951) 755 - 5259
Fax: (951) 572-6004
[email protected]
Cahuilla
Serrano
Quechan Tribe of the Fort Yuma
Reservation
Manfred Scott, Acting Chairman
Kw'ts'an Cultural Committee
P.O. Box 1899
Yuma, AZ, 85366
Phone: (928) 750 - 2516
[email protected]
Quechan
Quechan Tribe of the Fort Yuma
Reservation
Jill McCormick, Historic
Preservation Officer
P.O. Box 1899
Yuma, AZ, 85366
Phone: (760) 572 - 2423
historicpreservation@quechantrib
e.com
Quechan
1 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Proposed Desert RV Storage Project, Riverside County.

PROJ-2022-
006918
11/28/2022 10:08 AM
Native American Heritage Commission
Native American Contact List
Riverside County
11/28/2022
Item Number: 3.

Ramona Band of Cahuilla
John Gomez, Environmental
Coordinator
P. O. Box 391670
Anza, CA, 92539
Phone: (951) 763 - 4105
Fax: (951) 763-4325
[email protected]
Cahuilla
Ramona Band of Cahuilla
Joseph Hamilton, Chairperson
P.O. Box 391670
Anza, CA, 92539
Phone: (951) 763 - 4105
Fax: (951) 763-4325
[email protected]
Cahuilla
San Manuel Band of Mission
Indians
Jessica Mauck, Director of
Cultural Resources
26569 Community Center Drive
Highland, CA, 92346
Phone: (909) 864 - 8933
Jessica.Mauck@sanmanuelnsn.gov
Serrano
Santa Rosa Band of Cahuilla
Indians
Lovina Redner, Tribal Chair
P.O. Box 391820
Anza, CA, 92539
Phone: (951) 659 - 2700
Fax: (951) 659-2228
[email protected]
Cahuilla
Serrano Nation of Mission
Indians
Mark Cochrane, Co-Chairperson
P. O. Box 343
Patton, CA, 92369
Phone: (909) 528 - 9032
[email protected]
Serrano
Serrano Nation of Mission
Indians
Wayne Walker, Co-Chairperson
P. O. Box 343
Patton, CA, 92369
Phone: (253) 370 - 0167
[email protected]
Serrano
Soboba Band of Luiseno
Indians
Joseph Ontiveros, Cultural
Resource Department
P.O. BOX 487
San Jacinto, CA, 92581
Phone: (951) 663 - 5279
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
Soboba Band of Luiseno
Indians
Isaiah Vivanco, Chairperson
P. O. Box 487
San Jacinto, CA, 92581
Phone: (951) 654 - 5544
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
Torres-Martinez Desert Cahuilla
Indians
Cultural Committee,
P.O. Box 1160
Thermal, CA, 92274
Phone: (760) 397 - 0300
Fax: (760) 397-8146
CulturalCommittee@torresmartineznsn.gov
Cahuilla
Twenty-Nine Palms Band of
Mission Indians
Darrell Mike, Chairperson
46-200 Harrison Place
Coachella, CA, 92236
Phone: (760) 863 - 2444
Fax: (760) 863-2449
29chairman@29palmsbominsn.gov
Chemehuevi
Twenty-Nine Palms Band of
Mission Indians
Anthony Madrigal, Tribal Historic
Preservation Officer
46-200 Harrison Place
Coachella, CA, 92236
Phone: (760) 775 - 3259
[email protected]
Chemehuevi
2 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Proposed Desert RV Storage Project, Riverside County.

PROJ-2022-
006918
11/28/2022 10:08 AM
Native American Heritage Commission
Native American Contact List
Riverside County
11/28/2022
Item Number: 3.

From: [email protected]
Sent: Monday, November 28, 2022 9:59 AM
To: ‘Padilla, Lacy (TRBL)’
Cc: ‘THPO Consulting’
Subject: FW: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH #3960) Morning Lacy,
I’m emailing you to see if the tribe is available sometime in the next few days (possibly Wednesday, November 30th) to join us on the fieldwork for the above-referenced project in DHS. We are also asking for any information regarding Tribal Cultural Resources in or near the project area. Please feel free to email back with any questions, comments and/ or information regarding the project and possible availability for the field survey.

Thank you for your time and input on this project.

Nina Gallardo
From: [email protected]
Sent: Monday, November 28, 2022 10:44 AM
To: ‘Padilla, Lacy (TRBL)’
Cc: ‘THPO Consulting’
Subject: Information Request Regarding Positive SLF Results, Desert RV Storage Project (CRM TECH #3960)
Morning Lacy,
In a letter dated November 28, 2022, the Native American Heritage Commission reports a positive finding for tribal cultural resources in the vicinity and recommends contacting the Agua Caliente Band of Cahuilla Indians for further information (see attached). Therefore, I am contacting you to inquire whether the tribe has any specific knowledge of sacred sites or other sites of Native American traditional cultural value in or near the above-referenced project area, or any additional information we should include in our cultural resources assessment. Please feel free to email back with any questions, comments and/ or information regarding the project.

Thank you for your time and input on this project.

Nina Gallardo
From: Padilla, Lacy (TRBL) <[email protected]>
Sent: Wednesday, November 30, 2022 3:45 PM
To: ‘[email protected]’
Subject: RE: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH #3960) Good Afternoon Nina,
Item Number: 3.

At this time we do not have anyone to assist with the survey. Please keep us updated and let us know if anything is found.

Thank you,
Lacy Padilla, M.A., RPA
THPO Operations Manager
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive Palm Springs, CA 92264
C: 760-333-5222
From: [email protected]
Sent: Tuesday, December 6, 2022 11:59 AM
To: ‘Padilla, Lacy (TRBL)’
Subject: RE: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH #3960) Hi Lacy,
Hunter O’Donnell conducted the fieldwork for the above-referenced project on December 1st (last Thursday). He didn’t encounter any cultural resources during the survey.

Thank you for your time and input on this project.

Nina Gallardo
From: Padilla, Lacy (TRBL) <[email protected]>
Sent: Thursday, December 8, 2022 9:23 AM
To: ‘[email protected]’
Subject: RE: Participation in Cultural Resources Fieldwork for the Proposed Desert RV Storage Project on APNs 657-220-003 and -023, in the City of DHS (CRM TECH #3960) Thank you for the update, Nina.

Item Number: 3.

31 APPENDIX 3

CULTURAL RESOURCE

ADJACENT TO THE PROJECT AREA
Site 33-008410 (CA-RIV-13015H)
Dillon Road
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Primary# 33-008410 (update)
HRI#
PRIMARY RECORD Trinomial
Page I of 25
NRHP Status Code 6Z
Other Listings
Review Code Reviewer Date
Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road) P1. Other Identifier: tE-1376-T56-I
P2. Location: a. County Riverside □ Not for Publication 129 Unrestricted b. USGS 7.5' Quadrangles (from west to east)
Desert Hot Springs, Calif., I :24,000 scale (1955 photo-revised 1972); Seven Palms Valley, Calif., I :24,000 scale ( 1958 photo-revised 1972); Thousand Palms, Calif., I :62,500 scale (1958);
Myoma, Calif., I :24,000 scale (1958 photo-revised 1972); West Berdoo Canyon, Calif., l :24,000 scale ( 1988);
Indio, Calif., I :24,000 scale (1956 photo-revised 1972) Crosses portions of Township 3 South, Ranges 4, 5, 6, and 7 East; Township 4 South, Ranges 7 and 8 East; and Township 5 South, Range 8 East, San Bernardino Baseline & Meridian c. Address Dillon Road City Extends from North Palm Springs east to Coachella Zip various d. UTM: Zone 11;
West end of Dillon Road (intersection of Indian Avenue): 542,031 mE / 3,753,914 mN Southeast end (intersection of State Route 111): 574,923 mE / 3,729,223 mN UTM Derivation: □ USGS Quad 129 GPS; Google Earth NAO 1983 e. Other Locational Data: The historic-period segment of Dillon Road traverses 31.2 miles beginning at the intersection of North Indian Canyon Avenue in North Palm Springs and extending east to State Route 111 in Coachella. Dillon Highway included this route as well as North Indian Canyon Avenue to U.S. 60/70/99 at Garnet (see attached maps).

P3a. Description: Dillon Road originated as one of Metropolitan Water District's (MWD) numerous trunk roads which were built to support construction of the Colorado River Aqueduct (CRA) in the 1930s. The Garnet-to-Indio trunk road, as this segment was called, was built in 1933 (MWD 1939:141-145). It travelled 35.9 miles across the north side of the Coachella Valley to provide access to as many as eight or nine branch roads which penetrate into the Little San Bernardino Mountains to the north (see maps, figures 6 and 7). These roads led the way to MWD work camps set up along the Coachella Tunnels alignment. The 35.9 mile-long Garnet-to-Indio trunk road began at State Route 111 south of Indio and headed north, then northwest across the valley north of Indio Hills; ultimately converging with U.S. Highway 60/70/99 at the community of Garnet. This route today comprises Dillon Road between State Route 111 in Coachella to the intersection of North Indian Canyon Avenue, as well as North Indian Canyon Avenue to U.S. 60/70/99 at Garnet.

The MWD trunk and branch roads serving the 1930s CRA construction were uniformly designed and built as a 20-ftwide oil cake pavement having a thickness of three inches. On both sides of the pavement, shoulders extended 2 to 6 ft, flanked by drainage ditches. The entire roadway including shoulders and ditches measured a minimum of 24 ft wide. By 193 8, MWD had completed construction of the Coachella Tunnels and deeded their Garnet-to-Indio trunk road to the County of Riverside. The County designated the road as "Dillon Highway", named after County Supervisor Robert Emmet Dillon. Soon after, Indian Avenue was extended north from Palm Springs to intersect U.S. 60/70/99 and join Dillon Highway (USGS 1940). That segment of Dillon Highway was renamed Indian Avenue, and Dillon Highway was renamed Dillon Road. At the southeast end of Dillon Road, an S-shaped curve was straightened by 1972 (USGS 1972). In more recent decades, a grade separation was built to carry Dillon Road over SR 111 and the Union Pacific Railroad tracks at Avenue 48 in Coachella. A grade separation also exists in Coachella to carry State Route 86 over Dillon Road.

As mentioned above, MWD's Garnet-to-Indio trunk road was built to support construction of the CRA in the 1930s.

Later, Dillon Highway supported the establishment of several small desert communities during the 1940s and 1950s, such as Indio Hills, Sky Valley, Desert Edge, and North Palm Springs. The MWD's 20-ft-wide Garnet-to-Indio trunk road no longer exists as it was constructed, other than its alignment. As a County-maintained road since 1938, the MWD trunk road was replaced with an asphalt-concrete paved, two-lane striped road. �cec1 0 i ' N
APR 1 9 2016
EiC
CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD
Primary# 33-008410 (update)
HRI#
Trinomial
NRHP Status Code 6Z

P3a. Description (continued):
two-lane, 30 ft wide, asphalt-concrete paved road with dirt shoulders that measure approximately eight ft wide. The pavement width is consistent for most of its length, but widens to as much as 95 ft where it intersects Interstate 10, to accommodate a center median and four lanes of traffic. Indian Canyon Drive, previously known as Indian A venue, and formerly a segment of Dillon Highway and MWD's Garnet-to-Indio trunk road, is also a two-lane, 30 ft wide, asphalt-concrete paved road. It is flanked by six-ft-wide paved shoulders and bordered by I 0-ft-wide dirt shoulders.

The entire length of Dillon Road and Indian Canyon Drive were surveyed at a reconnaissance level by Applied EarthWorks architectural historian Josh Smallwood, M.A., on August 5, 2015. Smallwood drove the entire length of the route to document its physical appearance, design, construction, and current condition. Photographs of segments of Dillon Road were taken to document its setting and current condition (see Figures 1 through 5 on the attached Continuation Sheets). Smallwood pursued historical background research on the basis of historical US Army and USGS topographical maps of the region dating to the 1940s and 1950s, and the MWD's History and First Annual Report for the Period Ending June 30, 1938, in the collection of the author.

P3b. Resource Attributes: HP37. Highway
P4. Resources Present: □ Building 181 Structure □ Object □ Site □ District □ Element of District □ Other:

P5a. Photograph or Drawing See attached Continuation sheets for photographs P5b. Description of Photo: Photographs taken on August 5, 2015.

PS. Date Constructed/Age of Sources: □ Prehistoric l8I Historic □ Both P7. Owner and Address: Riverside County Transportation Department PS. Recorded by:: Josh Smallwood, Applied Earth Works, Inc., 3550 E. Florida Avenue, Suite H, Hemet, CA 92544 P9. Date Recorded: August 5, 2015
P10. Survey Type: Reconnaissance level survey for Section 106 and CEQA compliance P11. Report Citation: Josh Smallwood (2015): Phase l Cultural Resource Assessment of the Dillon Road Transmission Pipeline Replacement Phase 2 Project, Riverside County, California. Applied Earth Works, Inc., Hemet, CA.

Attachments: □ None 181 Location Map 181 Sketch Map 181 Continuation Sheet 181 Building, Structure, and Object Record □ Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □ Artifact Record □ Photograph Record Other:

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Primary# 33-008410 (update)
HRI#

BUILDING, STRUCTURE, OBJECT RECORD

Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road)

81. Historic Name: Dillon Highway; MWD's Garnet-to-Indio trunk road

82. Common Name: Dillon Road

83. Original Use: MWD's Garnet-to-Indio trunk road built to support construction of the Colorado River Aqueduct in the 1930s

84. Present Use: local route; alternative route between the towns of Coachella and North Palm Springs

85. Architectural Style: The vast majority of the road is a 30-ft-wide, two-lane asphalt-concrete paved road of standard construction.

86. Construction History: Dillon Road originated as one ofMWD's numerous trunk roads which were built to support construction of the CRA in the 1930s. The Garnet-to-Indio trunk road, as this segment was called, was built in 1933 (MWD 1939:141-145). By 1938, MWD had completed construction of the Coachella Tunnels and deeded their Garnet-to-Indio trunk road to the County of Riverside. The County designated the road as "Dillon Highway", named after County Supervisor Robert Emmet Dillon. Soon after, Indian Avenue was extended north from Palm Springs to intersect U.S. 60/70/99 and join Dillon Highway (USGS 1940). That segment of Dillon Highway was renamed Indian Avenue, and Dillon Highway was renamed Dillon Road. At the southeast end of Dillon Road, an S-shaped curve was straightened by 1972 (USGS 1972). In more recent decades, a grade separation was built to carry Dillon Road over SR 111 and the Union Pacific Railroad tracks at A venue 48 in Coachella. A grade separation to carry State Route 86 over Dillon Road was also built in recent decades.

87. Moved? 181 No □ Yes □ Unknown Date: Original Location:

BB. Related Features: As many as eight or nine branch roads were constructed by MWD to penetrate into the Little San Bernardino Mountains to the north. These roads led the way to MWD work camps set up along the Coachella Tunnels alignment.
89a. Architect: MWD b. Builder: MWD; and later, Riverside County Transportation Department 810. Significance: Theme Development of local roads during the early and middle twentieth century Area Coachella Valley, Riverside County
Period of Significance None
Property Type highway/local road Applicable Criteria None The results of this investigation conclude that Dillon Highway/Dillon Road does not appear to meet any of the criteria of the NRHP or CRHR. Jim Brock of Archaeological Advisory Group first recorded a segment of Dillon Road at the intersection of Palm Drive near Desert Hot Springs (Brock 1998). Brock's record does not provide a formal evaluation of its historical significance; however, it is stated that "the point considered in our study (intersection of Palm Drive and Dillon Road) has been heavily modified by improvements to the intersection" (Brock 1998:2). Brock's report was generated for Section 106 review by Caltrans District 8 as part of the Palm Drive Widening Project. The FHW A (Federal Highway Administration) and DOE (Department of Energy) both determined that segment of Dillon Road (33-008410) was not eligible for the NRHP or CRHR on February 4, I 999 (OHP 2007). The current study, however, considers the historical significance of Dillon Road as part of former Dillon Highway, and MWD's Garnet-to-Indio trunk road, which served to provide access across the northern Coachella Valley region to the various branch roads for construction along the Coachella Tunnels portion of the CRA during the I 930s.

Historical research has established that Dillon Road is the descendent of Dillon Highway, and its alignment originated in 1933 as one of MWD's trunk roads. It served to provide access across the northern Coachella Valley region to the various branch roads for construction along the Coachella Tunnels portion of the CRA. Thus, it is directly associated with the construction of the CRA. The CRA has previously been evaluated for historical significance and found eligible for the NRHP and CRHR, as explained below.

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Primary# 33-008410 (update)
HRI #

BUILDING, STRUCTURE, OBJECT RECORD

Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road) B10. Significance (continued):

Colorado River Aqueduct
The Colorado River Aqueduct (CRA) is a water conveyance system operated by the Metropolitan Water District of Southern California. Construction began in I 933 and water first flowed through the system in I 941. The CRA system carries Colorado River water, impounded at Lake Havasu on the California-Arizona border, through, over, and across mountains and desert to the coastal and inland valleys of southern California. The CRA stretches 242 miles from Parker Dam to Lake Mathews (formerly known as Cajalco Reservoir). Water from Lake Mathews was then distributed to local water districts in the Los Angeles Basin and lower Santa Ana River drainage. The system is composed of two reservoirs, five pumping plants, 63 miles of canals, 92 miles of tunnels, and 84 miles of buried conduit and siphons.

The project involved ingenious engineering solutions and newly introduced equipment at the time of its construction.

It also employed over 35,000 people during an eight-year span of construction, and as many as 10,000 people at one time, making it southern California's single largest work opportunity during the Great Depression (Gruen 1998).

Due to its many engineering merits, the CRA has been named a National Historic Civil Engineering Landmark by the American Society of Civil Engineers. Today, it is one of the principal water supplies for southern California.

In building the CRA, Metropolitan chose an aqueduct route that required four pump lift stations. A fifth was added when the Granite Mountains tunnel could not be easily holed through. Each station was built with three pumps and the capability for expansion to nine pumps (Gruen 1998). Large amounts of electricity were required to operate the pumps, which necessitated construction of transmission lines from Hoover Dam to the pump stations.

Construction of the transmission lines to power the system began in 1934 with the grading of dirt roads to provide access to the tower locations. The line is constructed of single H-frame steel towers with cross supports. The contractor for construction of the transmission lines was Fritz Ziebarth of Long Beach. He established a construction camp at Camino where the steel towers were assembled using steel made in San Francisco. The steel was sent by rail to Gaffs on the Santa Fe Railroad line and then by truck to Camino. Reinforced concrete footings were poured at each tower location and then the towers were erected on the footings. Erection of the towers began in February 1936 and the line from Hoover Dam to Iron Mountain Pump Lift was completed by the end of 1936. Construction of the line from Iron Mountain Pump Lift to Hayfield Pump Lift was completed in July, 1937 (Gruen 1998).

Documentation of the CRA as a cultural resource was prepared for the Historic American Engineering Record (HAER) in 1998 (Gruen 1998):

The Colorado River Aqueduct pumps water through, over, and across mountains and desert in a 242-mile long march to the coastal plain of southern California. When completed, it was one of the longest water conveyance facilities in the world. The aqueduct includes powerlines, tunnels, siphons, covered conduits, open canals, dams, reservoirs, and five pumping plants, involving ingenious engineering solutions and newly introduced construction equipment. The project also employed over 35,000 people during its eight-year span, and as many as 10,000 at one time, making it southern California's single largest work opportunity during the Great Depression. In 1995 the Colorado River Aqueduct was named a National Historic Civil Engineering Landmark by the American Society of Civil Engineers. Today it is the major water supply for urban and suburban southern California [Gruen 1998].

Based on the HAER significance statement, the CRA is clearly eligible for the NRHP. Nonetheless, the CRA system, as a whole, has not been formally evaluated for NRHP listing or eligibility. An evaluation of the Casa Loma Siphon/Canal, originating east of the San Jacinto Tunnel and a component of the CRA system near San Jacinto, California, resulted in those elements of the CRA being considered eligible for the NRHP under Criterion A (association with important historical events) and Criterion C (distinctive architectural or engineering characteristics). Under Criterion A, the Casa Loma Siphon/Canal were evaluated as eligible because its construction CA-RIV-013015
Item Number: 3.

State of Califorijia--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, OBJECT RECORD

Primary# 33-008410 (update)
HRI#
Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road) B10. Significance (continued):
"was a driving and enabling force for the economic development of southern California" during the Great Depression (Hamilton and Beedle 2005:5). Under Criterion C the CRA was evaluated as eligible because it is "a marvel of civil engineering as outlined by Gruen (1998)" (Hamilton and Beedle 2005:5). Although only these two components of the entire CRA system were formally evaluated at the time, the SHPO concurred that the Casa Loma Siphon and Canal would be eligible as contributing elements of the system should the system be formally evaluated for NRHP eligibility in the future (Hamilton and Beedle 2005 :5).

Based on the HAER documentation (Gruen 1998), the Colorado River Aqueduct system, including numerous engineering features such as dams, reservoirs, pumping plants, tunnels, canals, conduits, siphons, and transmission lines, is recommended eligible for the NRHP as an important water conveyance system supplying southern California (Criterion A), and for its engineering merits (Criterion C).

Based on a study by Smallwood et al. (2012:57-58), similar branch roads of the CRA exist in the Chuckwalla Valley and Rice Valley to the east of Coachella Valley. Rice Road/State Route 177, and the eastern portion of State Route 62, were constructed and paved between Desert Center and Parker, Arizona in 1933. For several years this route was simply known as the Aqueduct Road, or Parker Dam Highway, and was built in support of the construction of the CRA in the 1930s. While Rice Road/SR 177 was originally constructed as an access road for the purpose of aqueduct construction, Smallwood et al. argued that its association does not appear to be an integral part of the historical CRA system, or contribute to its eligibility for the NRHP under Criterion A and C. Rice Road/SR 177 and SR 62 are not recognized as one of the important engineering features in the HAER documentation (Gruen 1998), nor is the former route directly associated with water supply and conveyance. Therefore, Smallwood et al. (2012) concluded that Rice Road/SR 177 /SR 62 do not appear to be contributors to the significance of the CRA system, and recommended that Rice Road/SR 177 is not eligible for the NRHP or CRHR for this association (Smallwood et al. 2012:57-58, 71). The Bureau of Land Management (BLM) and State Historic Preservation Officer (SHPO) concurred on this finding in 2012.

Similarly, the MWD's Garnet-to-Indio trunk road was ancillary to the engineering and construction of the CRA, and its association does not appear to be an integral part of the historical CRA system, or contribute to its eligibility for the NRHP under Criterion A and C. The Gamet-to-Indio trunk road is not one of the important engineering features of the CRA, nor is the former route directly associated with water supply and conveyance. Therefore, Dillon Road does not appear to be a contributor to the significance of the CRA system, and is recommended not eligible for the NRHP Criterion A and C, or CRHR Criterion I and 3, for this association.

While Dillon Highway/Dillon Road did provide a route through the rugged terrain north of Indio Hills, which opened up the area to residential development, that association is also ancillary to the formation of towns and communities, as every road across the Coachella Valley and Riverside County is responsible for the further development of the town, community, or neighborhood it leads to. Dillon Highway/Dillon Road never achieved any recognition as one of the more important alignments or thoroughfares within the history of the Coachella Valley or Riverside County region. Rather, it served as a local thoroughfare across the north side of the Indio Hills, or at best, as a secondary route between the Desert Hot Springs area and Coachella, if U.S. 60/70/99 or State Route 111 were not in favor. Thus, Dillon Highway/Dillon Road does not appear to meet NRHP Criterion A or CRHR Criterion 1.

While Dillon Road was named after Riverside County Supervisor Robert Emmet Dillon, the namesake is purely because of his career-contribution to the development of roads in the Coachella Valley. In fact, Dillon was in office at the time that the MWD's trunk road was deeded to the county. However, Dillon Road has no known direct association with the productive life of this individual, or any other important historical figures. Therefore, Dillon Road does not appear to meet NRHP Criterion B/CRHR Criterion 2.

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, OBJECT RECORD

Primary# 33-008410 (update)
HRI#
Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road) 810. Significance (continued):

Dillon Highway/Dillon Road today is completely modern in its appearance, and of standard design and construction.

It does not exhibit any of the characteristics of the 1930s CRA construction road; it is merely a semi-rural modern paved road spanning between Coachella and North Palm Springs, which follows the same alignment as an older travelled route. It does not exhibit any architectural or engineering merits that would deem it significant under N
RHP Criterion C or CRHR Criterion 3.

Furthermore, Dillon Highway/Dillon Road does not have the potential to yield any important archaeological data about early or middle twentieth century road-building techniques, or other subjects of local, state, or national history that is not already known or that cannot be gained from traditional avenues of research. As such, Dillon Highway/Dillon Road does not appear to meet NRHP Criterion Dor CRHR Criterion 4.

In summary, Dillon Highway/Dillon Road does not appear to meet any of the criteria of the NRHP or CRHR. 811. Additional Resource Attributes: (List attributes and codes) None 812. References:

Brock, James
1998 Department of Parks & Recreation recording forms, 33-008410. On file, Eastern Information Center, University of California, Riverside.

Gruen, J. Phillip
1998 Colorado River Aqueduct Historical Report. In Colorado River Aqueduct Recording Project.

Published version of Historic American Engineering Record CA 226. Groucho Publications, Los Angeles, California.

Hamilton, M. C., and P. Beedle
2005 Department of Parks & Recreation (DPR) 523 recording form, P33-11265 (CA-RIV-6726H), Casa Loma Siphon, Barrel 1. On file, Eastern Information Center, University of California, Riverside.

MWD (Metropolitan Water District)
1939 History and First Annual Report for the Period Ending June 30, 1938. F.E. Weymouth, General Managaer and Chief Engineer. Compiled and edited by Chas. A. Bissell. Metropolitan Water District of Southern California, Los Angeles.

OHP (Office of Historic Preservation)
2007 Directory of Properties in the Historic Property Data File for Riverside County, page 21. On file, Eastern Information Center, University of California, Riverside.

Smallwood, Josh, Susan K. Goldberg, Victoria Smith, and M. Colleen Hamilton 2012 Assessment of Indirect and Cumulative Effects to Historic Properties for Desert Harvest Solar Farm Project, Desert Center Vicinity, Riverside County, California. Submitted to Bureau of Land Management. On file, Eastern Information Center, University of California, Riverside.

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS ANO RECREATION

BUILDING, STRUCTURE, OBJECT RECORD

Primary# 33-008410 (update)
HRI#
Resource Name or# Dillon Highway (MWD's Garnet-to-Indio trunk road) B12. References (continued):

U.S. Army (Army Corps of Engineers)
1940 Palm Springs, Calif. 15-minute topographic quadrangle ( 1 :62,500), aerial photographs taken 1940.

Road data 1943.
1941 Coachella, Calif. 15-minute topographic quadrangle ( 1 :62,500), aerial photographs taken 1941. Road data 1943.
1941 Edom, Calif. 15-minute topographic quadrangle (1:62,500), aerial photographs taken 1941. Road data 1943.
1944 Pinyan Well, Calif. 15-minute topographic quadrangle ( 1:62,500), aerial photographs taken 1941.

Road data 1943.

USGS (U.S. Geological Survey)
1956 Coachella, Calif. 15-minute topographic quadrangle (1 :62,500), aerial photographs taken 1952 and 1953. Compiled in 1960 from 1:24,000 scale maps surveyed 1955-1956. 1957 Palm Springs, Calif. 15-minute topographic quadrangle (1 :62,500), aerial photographs taken 1951, 1954, 1955, and 1956; north half field check 1955 and south half field check 1957. 1958 Lost Horse Mtn, Calif. 15-minute topographic quadrangle (1 :62,500), aerial photographs taken 1956; field check 1958.
1958 Thousand Palms, Calif. 15-minute topographic quadrangle (1 :62,500), aerial photographs taken 1951 and 1956; field check 1958.

B13. Remarks:

B14. Evaluator: Josh Smallwood, M.A., RPA
Applied Earth Works, Inc.
3550 E. Florida Avenue, Suite I,
Hemet, CA 92544
Date of Evaluation: August 14, 2015
CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 2015
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
181 Continuation o Update
Figure I. A segment of Dillon Road heading northwest from Happy Valley Drive in the Indio Hills community (view to the northwest; photograph taken August 5, 2015).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 2015
Primary# 33-008410 ( update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
� Continuation o Update
Figure 2. A segment of Dillon Road heading northwest toward 28th Avenue in the Indio Hills community (view to the northwest; photograph taken August 5, 2015).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Page JO of 25
Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 20 I 5
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
!El Continuation o Update
Figure 3. A segment of Dillon Road heading northwest toward the community of Sky Valley (view to the northwest; photograph taken August 5, 2015).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 2015
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
� Continuation □ Update
Figure 4. Dillon Road as it heads west through the community of Desert Edge (view to the west; photograph taken August 5, 2015).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 2015
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
� Continuation □ Update
Figure 5. Intersection of Dillon Road and Bubbling Wells Road in Desert Hot Springs (view to the west; photograph taken August 5, 2015).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
Resource Name or#
Date August 5, 2015
•'est Coache/lo Tunnels

0.5t01Sl0
M ile3
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Garnet-to-Indio trunk road)
181 Continuation □ Update
/ti
L.EG£N0
STATC
Of.STRICT
HIGHWAYS---•

ROADS - OTHER ROADS
Figure 6. An MWD map of the CRA construction roads, circa 1938. The "MWD Road" depicted in purple between Garnet and Indio ultimately became the same route for Dillon Highway/Dillon Road once MWD deeded the road to the County of Riverside (MWD 1939:142).

CA-RIV-013015
Item Number: 3.

State of California--The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Recorded by: Josh Smallwood
tl,320'
uo
Resource Name or#
Date August 5, 2015
Primary# 33-008410 (update)
HRI#
Trinomial
Dillon Highway (MWD's Gamet-to-Indio trunk road)
[gJ Continuation □ Update
Figure 7. MWD map and profile of the CRA, from History and First Annual Report for the Period Ending June 30, 1938 (MWD 1939:fold-out map in back of book).

IROlt lolt'.
[l'UMf'\IIT 144 ff.
tLIO�l'
CDPPEI! &.451� IIESUVOIR.

CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Map Name: Palm Springs (1940) and Edom (1941), CA 15' USGS/Army COE quadrangles 0 TRUE NORTH

0.5 0
2,000 0
Resource Name or#: Dillon Highway (MWD's Garnet-to-Indio trunk road) Scale: 1 :62,500
2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 ,_8........,Fl_,__..._E----------3 __ _._ __ ..._E----------3 __ _._ __ ..._E----:-----3 __ � __ ..._E----------3 __ _,__ __ ..._E--------3 __ _,__ _ ____.j Feet

0.5 0
I
Cathedr.il
City
ancho
fy1r.i
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Sheet 1 of 3
CA-RIV-013015

Item Number: 3.

State of California -:rhe Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Map Name: Edom (1941) and Pinyon Well (1944), CA 15' USGS/Army COE quadrangles 0 TRUE NORTH
Resource Name or#: Dillon Highway (MWD's Garnet-to-Indio trunk road) Scale: 1:62,500
4 B::::E3:::B::::E:DE3::::E======3:======:::::iE======:C======:J Miles

0.5 0 2 3
2,000 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 L..R..I....JRL....L .... E-----------3===-----'E-----------3=='--'-----'E-----------3- -__._ __ __.E-----------3===-----'E-----------3===------'i Feet o' 2 3 4 s
BJEilililil:====C===:::::E====C===:::::E====3 Kilometers I
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Sheet 2 of 3
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET

Map Name: Edom (1941), Pinyon Well (1944) Toro Peak (1941) and Coachella (1941), CA 15' USGS/Anny COE quadrangles Scale: 1:62,500 36 12 7
L I
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Dillon Highway (33-008410)
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10,000 12,000 14,000 16,000 18,000 20,000
t-eet
34 Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
.,.

Sheet 3 of 3
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

SKETCH MAP

Drawn by: J. Smallwood
Resource Name or#: Dillon Highway (MWD's Gamet-to-Indio trunk road) Scale: I: 120,000 (I inch= 10,000 feet)
I
I
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
CA-RIV-013015

Item Number: 3.
,,
State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

LOCATION MAP

Map Name: Desert Hot Springs (1955, photorev. 1972, photoinsp. 1978) and Seven Palms Valley (1958, photorev. 1972), CA 7.5' USGS Quads Scale: 1 :24,000 10 - '�
-" j_/1 - -�� : I
North Palm Spn gs
.... _ ----
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0 TRUE NORTH
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---
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0.5 0
E---3E=I:=JE---3E=C=JE---3==C=1E---3==C=1E---3=3CCE====================31 Miles 2,000 0

0.5 0.25 0
2,000 4,000

0.5 6,000
Feet

1.5 Kilometers
: .. .

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J
. . .

Primary# 33-008410 (update)
HRI#
Trinomial
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Date: 2015
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16 /
r
/
Map 1 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECRE ATION

LOCATION MAP

Map Name: Seven Palms Valley (1958, photorevised 1972) and East Deception Canyon (1988 Provisional), CA 7.5' USGS Quadrangles Scale: 1 :24,000 I
/
Legend
. .. ] 1·'· 1 .. .,.,, Ji �4 n .. ., . .. .. : I .. .,
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Wei
Dillon Highway (33-008410)
E-----3
0 TRUE NORTH
·=--::t=.

E-----3 E-----3

0.5 E-----3 E-----3
0 ::C::=::::E==C::=::::E=3==::::E=======================31 Miles 2,000 0 2,000 4,000 6,000
Feet

0.5 0.25 0 0,5 1.5
E3 E3 1::1 E3 E3 I Kilometers
;
20 f
�
II
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
/
� /
n
II
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u
I
Map 2 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

LOCATION MAP

Map Name: East Deception Canyon (1988 Provisional) and Myoma (1958, photorevised 1972), CA 7.5' USGS Quadrangles Scale: I :24,000 ,
I
. I
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ft
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0 3::=:E=3:=::I=3=:::J====================31 Miles
A
0 2,000 4,000 6,000
E=====3======:::E======3 Feet

0.25 0 0.5 1.5
A :::E:0A A 3:j E=====::1:======E=====31Kilometers
I
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Map 3 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECRE ATION

LOCATION MAP

Map Name: Myoma (I 958, photo revised I 972) and West Berdoo Canyon (1988), CA 7 .5' USGS Quadrangles Resource Name or#: Dillon Highway (MWD's Gamet-to-Indio trunk road) Scale: I :24,000
0 TRUE NORTH
••'
- n - ·-
4 �
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II
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Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Map 4 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

LOCATION MAP

Map Name: West Berdoo Canyon (1988), CA 7.5' USGS Quadrangle 0 TRUE NORTH
. �.
·�
l I •
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.

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l----==lE=:C=l:E----3=3::=J:E----3=3::=:JE-----3=3:=::EE----3=:C=l:t =================31 Mik!s 2,000 0 2,000 4,000

0.5 0.25 0 0.5 1.5
6,000
Feet
EMI:EMDM3:JB3::EBI:EI =====:r:====:::::l=====3il-Olometers I
32 I
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Map 5 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

LOCATION MAP

Map Name: West Berdoo Canyon (1988) and Indio (1956, photorevised 1972), CA 7.5' USGS Quadrangles 98T I
----------, l
--1
--- ------ - ---;.;ill
ORPORATE BOU:,,DARY 1 •
i
______________ 11 �)_ __ ----- ·_
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0 TRUE NORTH
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E---3 E---3
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0.5 Resource Name or#: Dillon Highway (MWD's Garnet-to-Indio trunk road) Scale: I :24,000
I -----;
E---3

0.5 E---3 E---3
0 0 2,000 4,000 6,000
Feet

0.25 0 0.5 1.5
Kilometers
� \.
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I
Primary# 33-008410 (update)
HRI#
C.!lhedr I
City
Trinomial
t , \. JIOT
'. ! ..�
Date: 2015
Map 6 of 7
CA-RIV-013015

Item Number: 3.

State of California -The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

LOCATION MAP

Map Name: Indio (1956, photorevised 1972), CA 7.5' USGS Quadrangle -· ::.a:-- . --· - - -
!
�
13 ,24 45
Resource Name or#: Dillon Highway (MWD's Garnet-to-Indio trunk road) Scale: I :24,000
.-
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0.5 0.25

A A H A
0 0
Hi
2,000 4,000

0.5 1.5
6,000
Feet
j Kilometers
Primary# 33-008410 (update)
HRI#
Trinomial
Date: 2015
Map 7 of 7
CA-RIV-013015

Item Number: 3.

I
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rr1�� . • 33-8410
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Page _1_ of _3_
*Resource Name or II: Dillon Road
P1. Otherldentlller: Dillon Highway
*P2. Location: D Not for Publication • unrestricted a. County -�R,,_.i_,_v°"'er'-'s"'-id=e ____________ _ b. usas 7.5' auad Desert Hot Springs Date_ 55/7& 03S ; R � SE 1/4 of NW• of sec 07; SBM B.M. c. Address _____________________ City _______________ Zip __ _ d. UTM: (Glv9 more than one for large and/or linear feature) Zone _Jj__, 546130 mE/ 3753750 mN e. Olner Locallon!II Data: (e.g. parcel#, legal description, directions to esource, eleva!Jon, additional UTMs, etc. as appropriate) Entire length: western terminus of 30-mile segrr;ent was originally at Indian Avenue (542105 mE, 3753730 mN)
, eastern terminus is at Avenue 48 in Indio :j75080 mE, 3729040 mN). 880 to -40 ft. msl. *P31. Descr1ptlon: (Describe resource and Its major elements. Includ e deslt ,. materials, condition, aHerallons, size, sefllng, Md boundaries.) Dillon Road, named for former County Supervi. or Robert Dillon, is a two lane asphalt road that traverses the northern part of the Coachella Valley in an, 1rthwest to southeast direction, from North Palm Springs to Indio. It is the primary access route to, and a-�ross, this region. Literature/maps indicate a construction date of circa 1933-1939. The boundaries of the s,:gment recorded for the Palm Drive Improvements study extend 100 feet both east and west of the 110 fo< ,t wide Palm Drive right-of-way (310 feet total). While most of Dillon Road maintains its original chara ::ter, the intersection with Palm Drive has had many modifications, particularly with the extension of Palm Drive from Dillon Road to 1-10 in 1967 and subsequent signalization. The Palm Drive/Dilk n Road intersection c:tlso has buildings on the NW, NE, and SW corners and utility lines running along ti ,e south side of Dillon. •P3b. Resource Attributes: (Lisi aflr1butes and codes) HP37. H .ghway/Trail ·�
P•_. __ Res_ou_rc_e_•_P_
re_ae_n�_: t __;:O:;;__Bu_1o_1 1 ...:ng'---_m_s_t
n_JC __ tur__e _-=:Oc...0_bJ.._ect_ D Site O District D Element of [)jslr1ct D Other (Isolates, etc.) P5a. Photograph or Drawing (Photograph required for bulldlngs, slruclu �s. and o!>Jee1s) Date of Photo: 08/23/1998
Photo Number: BW2-10
PSb. Oescrpllon 1 of Photo: (View, date, etc.)
Looking west across Palm Drive
on 08/23/1998
•f6. Date Cons1ructed/Age and Sources:

D Prehlst0r1c • Hlstol1c O Both
Literature/maps indicate
construction circa 1933-1939
•P7. Owner and Address:

County of Riverside
P.O. Box 1090
Riverside CA 92502
C--County
*PS. Recorded by: (Name. alllllatlon. address)
J. Brock
Archaeologi�I �_dvisory Group
P.O. Box491
Pioneertown, CA 922=6=8 ___ _
*P9. Date Recorded: 08 /23 / 1998
•p10. Survey Type: (DcSCr1be)
-'"In,.,_t'""e..,_n.,.s"'-jv'-'e'"''-"sy:.L"'-st,..,e"'n.,_,1_,.,a.,..,ti""c..__, ______ _ Caltrans Section 106
-----------
*Pll. Repoff Citation: (ate suiveyreport/olhe rsourcesor"none") __ J. Brock & C. di Iorio 199 Historic Resource valuation Report Palm Drive Widening. Desert Hot Springs. 1\1'-"=s.-=on=c.==il-=e """"C=H=R=IS=--=U,e...C=R"-. __________ _ *Artachment•: 0 NONE
OArchaeologtcal Record
D Pll<ltograph Recor(l
DPR 523A (1 /95)
• Locattoo Map OSketch Map
D 0lstr1ct Record a Linear Fealure R, :ora
OOther. (USl) _________ _
0 Conltnuatlon Sheet D Butrdlng. Structure and ODject Record O Milting Station Record D Rock M Record D Mllact Record •Required Information
CA-RIV-013015
Item Number: 3.

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Resource Name or#: Dillon Road
L1. Hlalorlc and/or Common Name: Dillon Hi�hway
Ua. Portion Described: O Entire Res ource •Segment D Pl nt Observation Designation: lntersec. w/Palm Dr. ____ -·-- b. LDCatlon or poln1 or segment: (ProVkle UTM cooraInates, legal, ·escrlpllon, etc. ShOw Mela Inspected area on a Location Map.) Intersection of Dillon Road and Palm Drive. 31 ·) foot segment consists of 110 foot Palm Drive right-of-way along with 100 feet east and west of right-of-way. l.3. Description: (Describe construction aetallS, materials, and artifacts re nd at this segment or point. Provide plans or secnons as appropriate.) Recorded segment only: 4 lane asphalt road wit! curbs and gutters.

LA. Dimensions: (In feet for historic features and
meters for prehlStortc features.)
a. Top Width __ 7_6_f1_e_et _________ _
b. Bottom Wldttl ____________ _
c. Height orOeplh ___________ _
a. Length or segment __ __.3 .... l.... 0... £ ... e ... e... t _____ _ L5. Associated Resources:
u,· Sketch or Cross-Section
l6. Setting: (Oescr1be natural features, landscape cha.iJC!erfstlcs, slope, c'c. as appropriate.):

Creosote scrub community. Landscape is fairly 1-:!Vel. Setting is rural.

L7. Integrity Considerations:
(Include scate) Facing: _______ _
The segment considered in our study (intersectic n of Palm Drive and Dillon Road) has been heavily modified by improvements to the intersection.

L.Sa. Photograph, Map or Drawing
DPR 52JE· Test (01 /95)
Date of Photo: / /
L8b. Description ol Photo, Map,
or Drawing: (View, scale, etc.)
L9. Remarks:

Photo Number• see P5a
Graphics Filename: @ ODPJ
L 10. Form Prepared by: (Name, afflllatlon & address)
J.Brock
Archaeological Advisory Group
P.O. Box491
Pioneertown, CA 92268
... _._ ----· -------'L11. Date: 08/23/1998 ··- _______ _ rr1�� . • 33-8410
CA-RIV-013015
Item Number: 3.

Page _J__of -3._
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Item Number: 3.

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CA-RIV-013015
Item Number: 3.

City of Desert Hot Springs
Date: July 2023
Project Name: Desert Storage Specific Plan
Page D
Appendix D
Preliminary Geotechnical Report
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City of Desert Hot Springs
Date: July 2023
Project Name: Desert Storage Specific Plan
Page E
Appendix E
Tribal Consultation
Item Number: 3.

F D
NT
CITY O

COMMUNITY DEVELOPME

BUILDING & PLANNING

ESERT HOT SPRINGS
11999 Pierson Boulevard • Desert Hot Springs • CA • 92240 (760) 329-6411• www.cityofdhs.org
May 30th, 2023
• Agua Caliente Band of Cahuilla
Indians
Attn: Patricia Garcia-Plotkin
• Augustine Band of Cahuilla Mission
Indians
Attn: Amanda Vance
• Cabazon Band of Mission Indians
Attn: Doug Welmas
• Cahuilla Band of Indians
Attn: Daniel Salgado
• Los Coyotes Band of Cahuilla and
Cupeno Indians
Attn: Shane Chapparosa
• Morongo Band of Mission Indians
Attn: Robert Martin
• Quechan Tribe of the Fort Yuma
Reservation
Attn: Jill McCormick
• Ramona Band of Cahuilla Indians
Attn: John Gomez
• San Manuel Band of Mission Indians
Attn: Jessica Mauck
• Santa Rosa Band of Cahuilla Indians
Attn: Loving Redner
• Serrano Nation of Mission Indian
Attn: Wayne Walker
• Soboba Band of Luiseno Indians
Attn: Scott Cozart
• Torres Martinez Desert Cahuilla
Indians
Attn: Michael Mirelez
• Twenty-Nine Palms Band of Mission
Indians
Attn: Anthony Madrigal, Jr.

Subject: California Environmental Quality Act Assembly Bill 52 and State Bill 18 Formal Notification of a Specific Plan (SP 21-1), Development Permit (DP 23-5), and Draft Mitigated Negative Declaration (DMND) for the Desert Storage Specific Plan.

To Whom it May Concern,
Please review the attached proposal and submit a response by August 28th, 2023. Should you have any questions regarding this item, please contact the Project Planner listed below.

The City of Desert Hot Springs is providing formal notice of the Desert Storage Specific Plan (Project). The City is hereby conducting notification in accordance with Assembly Bill 52 (AB 52) and State Bill 18 (SB 18). The following notification letter is being provided to you because your Tribe has requested formal notification from the City for projects proposed within this geographic area and/or because your name was listed on the Native American Heritage Commission (NAHC) directory as an individual who may have additional knowledge pertaining to tribal cultural resources within this geographic area.

The proposed Project is within the City of Desert Hot Springs, Riverside County, California.

The Desert Storage Specific Plan establishes development standards and design guidelines for the entire 9.19-acre site (APN 657-220-003, -023). The project proposes the development of a recreational vehicle (RV) storage facility with accompanying caretakers’ quarters on the western parcel adjacent to the existing mini-storage facility.

Item Number: 3.

May 30th, 2023
Page Two
This letter serves as formal notification that within 90 days from the date of this letter you may request consultation in writing with the City regarding this proposed Project. In your response letter please identify a primary point of contact for the tribe should consultation be desired.

Responses requesting consultation on this project should be sent in writing to Patricia Villagomez.

Patricia Villagomez
Principal Planner
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
[email protected]
Regards,
Patricia Villagomez
Principal Planner
City of Desert Hot Springs
Attachments: Vicinity Map & Location Ma
Item Number: 3.

Item Number: 3.

Item Number: 3.

Dear Ms. Patricia Villagomez,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Desert RV Storage project. The project area is not located within the boundaries of the ACBCI Reservation. However, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI THPO requests the following:
[VIA EMAIL TO:[email protected]]
City of Desert Hot Springs
Ms. Patricia Villagomez
11999 Palm Drive
Desert Hot Springs, California 92240
June 05, 2023
Re: Formal Notification of SP 21-1, DP 23-5, and Draft Mitigated Negative Declaration for the Desert Storage Specific Plan
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1134. You may also email me at [email protected].

Cordially,
03-012-2022-010
*Copies of any cultural resource documentation (report and site records) generated in connection with this project.
*A copy of the records search with associated survey reports and site records from the information center.
*Please provide a copy of the Mitigated Negative Declaration report. *The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. *Formal government to government consultion under California Senate Bill 18 *Formal government to government consultion under California Assembly Bill No. 52 (AB-52).

Item Number: 3.

Claritsa Duarte
Cultural Resources Analyst
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
Item Number: 3.

03-012-2022-010
Dear Ms. Patricia Villagomez,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Desert RV Storage project. We have reviewed the documents and have the following comments:
[VIA EMAIL TO:[email protected]]
City of Desert Hot Springs
Ms. Patricia Villagomez
11999 Palm Drive
Desert Hot Springs, California 92240
July 13, 2023
Re: Draft MND Desert RV Storage
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 883-1134. You may also email me at [email protected].

Cordially,
Claritsa Duarte
Cultural Resources Analyst
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
*The Mitigated Negative Declaration document included standard mitigation measures to address impacts to cultural resources. We found these measures to be sufficient.
*At this time the concerns of the ACBCI THPO have been addressed and proper mitigation measures have been proposed to ensure the protection of tribal cultural resources. This letter shall conclude our AB52 consultation efforts. *At this time the concerns of the ACBCI THPO have been addressed and proper mitigation measures have been proposed to ensure the protection of tribal cultural resouces. This letter shall conclude our consultation efforts under SB 18.

Item Number: 3.

Thursday, June 15, 2023 at 14:48:38 Pacific Daylight Time

Subject: AB52 no(ce for the Specific Plan 21-1, DP 23-5, DMND for the Desert Storage Specific Plan, Desert Hot Springs, CA
Date: Tuesday, June 13, 2023 at 1:55:14 PM Pacific Daylight Time From: Ryan Nordness <[email protected]>
To: Patricia Villagomez <[email protected]>
CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. Thank you.

Dear Patricia,
Thank you for contac(ng the Yuhaaviatam of San Manuel Na(on (formerly known as the San Manuel Band of Mission Indians) regarding the above-referenced project. YSMN appreciates the opportunity to review the project documenta(on, which was received by the Cultural Resources Management Department on June 1st 2023. The proposed project is located outside of Serrano ancestral territory and, as such, YSMN will not be reques(ng to receive consul(ng party status with the lead agency or to par(cipate in the scoping, development, or review of documents created pursuant to legal and regulatory mandates.

Kind regards,
Ryan Nordness
Cultural Resource Analyst
Yuhaaviatam of San Manuel Na(on
Ryan Nordness
Cultural Res Analyst
[email protected]
O:(909) 864-8933 Ext 50-2022
M:(909) 838-4053
26569 Community Center Dr Highland, California 92346
San Manuel Band of Mission Indians
Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

DHS RV Specific Plan Project
Response to Comments
The City received two comments to the Initial Study/Mitigated Negative Declaration for the proposed Project. The following provides individual comments and responses. The complete comments are attached to this response in Appendix A.

Coachella Valley Conservation Commission
Email dated August 16, 2023
Comment 1:

The Coachella Valley Conservation Commission (CVCC) has received the City of Desert Hot Springs’ (City) Notice of Intent to Adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for the Desert Storage Specific Plan (Project). CVCC is a joint powers authority tasked with implementing and administering the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP or Plan), to which the City is a permittee. The CVMSHCP balances conservation of the area’s unique natural resources with economic growth and urban development. It provides incidental take coverage to permitted projects within the urbanized parts of the Coachella Valley in exchange for the acquisition and perpetual conservation of natural lands in ecologically critical regions designated as Conservation Areas.

The draft IS/MND indicates the Project will take place on Assessor Parcel Number (APN) 657- 220-003 and 657-220-023, west of Palm Drive and south of Dillon Drive. The Project proposes design standards for 9.19 acres of mixed-use land zoned for high intensity commercial activity.

The eastern portion of the site is already developed as a self-storage facility, while the western portion is envisioned as a recreational vehicle (RV) storage site. The site will include an RV dump station for wastewater and propane service area.

Response 1:

The City thanks the Commission for participating in its CEQA process. The comment describes the proposed Project and the Commission’s role, but requires no further response.

Comment 2:

In order to receive coverage under the CVMSHCP, the Project must be deemed consistent with the requirements of the Plan. For development outside of Conservation Areas, this is achieved through payment of the Local Development Mitigation Fee (LDMF). If the development is outside of a Conservation Area but shares a common boundary, then the development must also abide by the Land Use Adjacency Guidelines (Guidelines) described in section 4.5 of the CVMSHCP so as to minimize potential edge effects, in addition to payment of the LDMF. If a development is proposed within a Conservation Area, it must undergo review by CVCC staff to determine if it is consistent with the authorized disturbance allowance, required measures, and Rough Step parameters of the impacted Conservation Area. This review process is referred to as a Joint Project Review (JPR) and is described in section 6.6.1.1 of the CVMSHCP. CVCC does not, Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

however, exert any land use authority over permittees. Consistency findings issued through the JPR process are provided to the permittee to aid in land use and permitting decisions.

The Project’s southwest corner shares a common nexus with the Willow Hole Conservation Area and is separated from the Upper Mission Creek/Big Morongo Canyon Conservation Area by Dillon Road, but is otherwise outside the Conservation Area. Mitigation measure BIO-3 references that the Project site shall adhere to the Guidelines, with BIO-B requiring the Project proponent to provide to the City a confirmation that the Guidelines were adhered to. CVCC recommends the discussion of the Guidelines be expanded such that implementation of individual Guidelines be linked to a specific mitigation measure, or substantiate why any particular Guideline does not apply to the Project. CVCC further recommends BIO- B specify that photographic evidence, as-built designs, water quality certifications, or any other supporting documentation be submitted to the City alongside the confirmation to demonstrate adherence to the Guidelines.

Response 2:

The adjacency guidelines are individually detailed in Mitigation Measure BIO-3, on page 28.

However, in order to assure clarity in the implementation of the Project, the Monitoring program, BIO-B is amended to read (additions in bold text):

BIO-B Prior to the issuance of any permit to allow ground disturbance on the site, the project Applicant shall provide the City with confirmation that CVMSHCP Land Use Adjacency Guidelines were adhered to. Such confirmation shall include a memorandum which addresses each guideline, whether it applies to the project, and how, specifically, the guideline has been addressed in the Project plans. The memorandum shall be supported by permits, building plans, photographs, or equipment specifications, as applicable.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

California Department of Fish and Wildlife
Letter dated August 15, 2023
Comment 1:

The California Department of Fish and Wildlife (CDFW) received a Mitigated Negative Declaration (MND) from the City of Desert Hot Springs (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.

Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related activities that have the potential to adversely affect fish and wildlife resources.

CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.

PROJECT DESCRIPTION SUMMARY
Proponent: Strat Property Management
Objective: The Project proposes the construction of a residential vehicle storage facility on APN 657-220-003 and an upgrade to the façade of the existing storage facility on the adjoining APN 657-220-023. The total acreage of the two parcels is approximately 9.37- acres. APN 657-220- 003 is undeveloped, and APN 657-220-023 is already fully developed. In the western parcel, the Project proposes the development of a recreational vehicle (RV) storage facility with an accompanying caretaker’s quarters.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

The two storage facilities would be linked by an internal pedestrian access point and would share a frontage wall and landscaping to provide a unified frontage. The project also includes an onsite RV dump station for wastewater and a propane service area. Vehicular access to the project site will be provided through one gated access point on Dillon Road. Perimeter fencing consists of 6-foot-tall block wall with sections of 8-foot- tall tube steel fencing. A retention basin to capture on-site nuisance flows will be constructed on the southern end of the western parcel.

Location: The proposed Project is located on the south side of Dillon Road and is located west of Palm Drive, east of the dirt extension of Atlantic Avenue, and north of 18th Avenue, in the City of Desert Hot Springs, Riverside County, California. The project site includes two separate Assessor’s Parcel Numbers: 657-220-003 (4.69-acres) and 657-220-023 (4.68-acres). The Project site is located outside of, but immediately adjacent to, the Willow Hole Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).

Timeframe: The MND does not indicate a timeframe for construction of the Project.

Response 1:

The comment is noted. It provides a description of the Project and requires no further response.

Comment 2:

COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project’s impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant.

CDFW’s comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate Project description. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.

Project Description
Compliance with CEQA is predicated on a complete and accurate description of the proposed Project. Without a complete and accurate Project description, the MND likely provides an incomplete assessment of Project-related impacts to biological resources. CDFW has identified gaps in information related to the Project description.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

The MND lacks a discussion of plans for artificial nighttime lighting. CDFW requests that the MND is revised to include design plans for artificial nighttime lighting and lighting specifications.

Artificial nighttime lighting can negatively impact biological resources in a variety of ways as discussed in the Artificial Nighttime Lighting section below. To conduct a meaningful review and provide biological expertise on how to protect fish and wildlife resources, CDFW requires a complete and accurate Project description.

Response 2:

The comment is noted but inaccurate. Lighting for the Project is described on page 17 and 18, in the Aesthetics section, under the lighting sub-category, as provided in the CEQA Checklist.

As described at that location, “The project is located in a partially urbanized environment that includes existing sources of light and glare associated with nearby land uses. Nearby sources of light include exterior lighting on commercial and residential buildings and passing vehicle headlights on Dillon Road. Currently, the DSSP site is partially developed with a mini-storage facility with existing sources of exterior lighting.” The IS goes on to describe that the Project will include “external building lighting, parking lot lighting, an illuminated sign, security lighting, building windows, and reflective building materials.” As also described in the analysis of impacts, “(t)he SP does not allow the use of highly reflective materials in the architectural design. The project’s lighting will be required to comply with §17.40.170 of the Municipal Code. Per the City’s requirements, lighting must be fully or partially shielded in order to prevent glare and light spread beyond the site boundaries.” The analysis concludes that the imposition of Municipal Code standards will reduce the impacts to less than significant levels. The issue of lighting has been described and analyzed, and no additional information is required.

Comment 3:

Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts.

CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding a mitigation measure for artificial nighttime lighting, as well as revising the mitigation measures for nesting birds and and burrowing owl. 1) Nesting Birds
It is the Project proponent’s responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).

Assessment) indicates that the Project site contains “several large Athel saltcedar (Tamarix aphylla) in a row on-site facing Dillon Road.” Other shrubs identified on-site in the Biological Assessment include, but are not limited to, four-wing saltbush (Atriplex canescens), creosote bush (Larrea tridentata), and brittlebush (Encelia farinosa). Suitable nesting bird habitat exist onsite within trees and shrubs. The MND includes Mitigation Measure BIO-2 for nesting birds, which indicates that “for any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project-related ground disturbing activities.” CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting on-site. CDFW considers the Mitigation Measure BIO-2 to be insufficient in scope and timing to reduce impacts to nesting birds to less than significant. CDFW recommends the City revise Mitigation Measure BIO-2, with additions in bold and removals in strikethrough:

Mitigation Measure BIO-2: Nesting Birds
Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground-disturbing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground.

Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project-related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.”
Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

Response 3:

The comment is noted. However, the commenter appears to imply that birds may nest on the site outside of the established nesting period, without providing substantial evidence. The City’s responsibility is to assure that the MBTA is implemented, and that birds covered by it be protected. It is important to note that MBTA covered species include almost all bird species that could nest on the site, and that since a pre-construction survey will be required, all birds nesting on the site will be identified, regardless of MBTA status. The Initial Study mitigates impacts to MBTA covered species to less than significant levels as written. The mitigation measure and the Initial Study correctly protect nesting birds, and do not require amendment.

Comment 4:
2) Burrowing Owl
Burrowing owl (Athene cunicularia) is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.”

on or adjacent to the project site. There is, however, a low potential for the species to locate on the site prior to initiation of construction.” Page 6 of the Biological Assessment indicates that “the entire project site appears to have been routinely disturbed and has a mixture of barren, disturbed land with areas that have a sparse growth of plants concentrated mainly on the southern 2/3 of APN 657-220-003.” In California, preferred habitat for burrowing owl is generally typified by short, sparse vegetation with few shrubs, level to gentle topography and well-drained soils. Grassland, shrub steppe, and desert are naturally occurring habitat types used by the species. In addition, burrowing owls may occur in some agricultural areas, ruderal grassy fields, vacant lots and pastures if the vegetation structure is suitable and there are useable burrows and foraging habitat in proximity. The Project site contains suitable habitat for burrowing owl, and CDFW is concerned about the potential for burrowing owls to move into the project site prior to and during construction activities. Burrowing owls frequently move into disturbed areas since they are adapted to highly modified habitats (Chipman et al. 20084; Coulombe 19715).Although the MND includes Mitigation Measure BIO-1 for burrowing owl, CDFW considers the measure to be inadequate in scope and timing to reduce impacts to less than significant. CDFW recommends that County revise Mitigation Measure BIO-1, with additions in bold and removals in strikethrough:

Mitigation Measure BIO-1: Burrowing Owl Avoidance
Suitable burrowing owl habitat has been confirmed on the Project site and surrounding area; therefore, focused burrowing owl surveys shall be conducted in accordance with Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

the Staff Report on Burrowing Owl Mitigation (2012 or most recent version) prior to vegetation removal or ground-disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.. A pre-construction burrowing owl survey following CDFW guidelines must be conducted. Unless avoidable, all burrowing owls must be relocated prior to any ground disturbing activities. If burrowing owls remain on-site, a Burrowing Owl Relocation and Management Plan must be prepared to outline how the owls will be relocated per CDFW guidelines. Any owls occurring onsite must be relocated prior to construction, vegetation removal, or grading activities. Relocation will, at a minimum, require prior approval from the CDFW.

Response 4:

As stated in the Initial Study, suitable habitat exists \ for burrowing owl. There are none known to occur on the site, however. As stated in the Initial Study, pre-construction studies, consistent with CDFW protocol are required in Mitigation Measure BIO.1, The revisions proposed by the commenter are simply a restatement of the existing mitigation measure, and do not provide any additional information or aspects to the mitigation which would not be implemented if it remains as written, whether the species is identified on the site or not. The analysis and mitigation provide comprehensive protection for the burrowing owl, as required in the MSHCP and Fish and Game Code, and no further amendment is necessary.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

Comment 5:
3) Artificial Nighttime Lighting

and RV parking area, both of which may result in an increase of artificial light and glare into the existing environment. Potential sources of light and glare would include external building lighting, parking lot lighting, an illuminated sign, security lighting, building windows, and reflective building materials.” Page 18 of the MND states that “the project’s lighting will be required to comply with §17.40.170 of the Municipal Code. Per the City’s requirements, lighting must be fully or partially shielded in order to prevent glare and light spread beyond the site boundaries. In accordance with the City’s Mixed-Use development standards, per §17.14.040, lighting shall be incorporated along sidewalks and pedestrian walkways.” Page 10 of the MND includes Mitigation Measure BIO-3, which indicates that the Project shall adhere to CVMSHCP Land Use Adjacently Guidelines, including “Lighting: For proposed Development adjacent to or within a Conservation Area, lighting shall be shielded and directed toward the developed area. Landscape shielding or other appropriate methods shall be incorporated in project designs to minimize the effects of lighting adjacent to or within the adjacent Conservation Area in accordance with the guidelines to be included in the Implementation Manual.”
While the MND includes avoidance and minimization measures for the Project to minimize lighting impacts and comply with the CVMSHCP Land Use Adjacency Guidelines, the MND lacks details on the Project’s lighting plans and lighting specifications. New sources of lighting associated with the Project have the potential to impact Covered Species in the adjacent Willow Hole Conservation Area. Of particular importance, this portion of the Willow Hole Conservation Area functions as a biological corridor for Palm Springs pocket mouse (see CVMSHCP Section

4.3.8). CDFW requests that the MND is revised to include the Project’s lighting plans and lighting specifications to be used during Project construction activities and long-term operations of the Project to allow CDFW to conduct a meaningful review and provide biological expertise on activities that have the potential to adversely affect fish and wildlife resources.

Additionally, because the Project is located adjacent to the Willow Hole Conservation Area, an area that supports habitat for nesting birds, migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife, CDFW recommends the MND is revised to include an analysis of the direct, indirect, and cumulative impacts of artificial nighttime lighting expected to adversely affect biological resources within the adjacent Willow Hole Conservation Area.

Artificial nighttime lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; and the detection of resources and natural enemies; and navigation.6 Many species use photoperiod cues for communication (e.g., bird song7), determining when to begin foraging,8 behavioral thermoregulation,9 and migration.10 Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.10
Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

To support City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant, CDFW recommends that City add to a revised MND the following mitigation measure:

Mitigation Measure BIO-[A]: Artificial Nighttime Lighting Throughout construction and the lifetime operations of the Project, the Project Sponsor and City of Desert Hot Springs shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City of Desert Hot Springs shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent, and does not result in lighting trespass including glare into surrounding areas including the Willow Hole Conservation Area or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/).

The City of Desert Hot Springs shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.

Response 5:

Please see CVCC Response 2, and CDFW Response 2. According to the CVMSHCP, the Project’s responsibility is to adhere to the Land Use Adjacency Guidelines, and the Mitigation Measures assure that it will do so. The Project occurs on a major arterial, and is governed by the Municipal Code regarding the limitation of light on the site. The Project’s compliance with the Guidelines and the Municipal Code are sufficient, as explained in the Initial Study, to reduce impacts to less than significant levels. No additional mitigation is required.

Comment 6:
4) Landscaping

landscaping irrigation.” The MND lacks additional details on landscaping plans and the plant species proposed for landscaping. To ameliorate the water demands of this Project, CDFW recommends incorporation of water-wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water-efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants, more information on native plants suitable for the Project location and nearby nurseries is available at CALSCAPE: https://calscape.org/. Local water agencies/districts and resource conservation districts in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought-tolerant locally native species demonstration gardens. Information on drought-tolerant landscaping and water-efficient irrigation systems is available on California’s Save our Water website:
https://saveourwater.com/. CDFW also recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP “Table 4-112: Coachella Valley Native Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

Plants Recommended for Landscaping” (pp. 4-180 to 4-182; https://cvmshcp.org/plandocuments/).

Response 6:

The comment is noted. As the commenter is aware, the City requires low-water use landscaping, and conforms to the Coachella Valley Water District’s drought-tolerant landscaping requirements. These requirements make inefficient landscaping impossible, given the water budgets imposed on all projects.

Comment 7:

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, §21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-andAnimals.

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G.

Code, § 711.4; Pub. Resources Code, § 21089.)

CONCLUSIONS
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information for a meaningful review of impacts to biological resources, including a complete project description.

The CEQA Guidelines indicate that recirculation is required when insufficient information in the MND precludes a meaningful review (§ 15088.5) or when a new significant effect is identified and additional mitigation measures are necessary (§ 15073.5). CDFW recommends that a revised MND, including a complete Project description with lighting plans and specifications, be recirculated for public comment. CDFW also recommends that revised and additional mitigation measures as described in this letter be added to a revised MND.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Environmental Scientist, at [email protected].

Response 7:

The City will continue to assure that it and its applicants comply with Department requirements and State law. As demonstrated above, the Project’s impacts have been fully analyzed and mitigated. The commenter has provided no substantial evidence that the Project will have significant impacts on the environment beyond those already analyzed. No changes beyond those required in CVCC Response 2 are required.

Item Number: 3.

DHS RV Specific Plan Project
Response to Comments

APPENDIX A

COMMENT LETTERS
Item Number: 3.

COACHELLAVALLEY CONSERVATION COMMISSION
Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs Rancho Mirage • County of Riverside • Coachella Valley Water District • Imperial Irrigation District Mission Springs Water District
74-199 El Paseo, Suite 100 ͦ Palm Desert, CA 92260 ͦ (760) 346-1127 ͦ FAX (760) 340-5949 August 16, 2023
Patricia Villagomez
Principal Planner
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
RE: Notice Intent to Adopt a Mitigated Negative Declaration – Desert Storage Specific Plan Dear Ms. Villagomez:

The Coachella Valley Conservation Commission (CVCC) has received the City of Desert Hot Springs’ (City) Notice of Intent to Adopt an Initial Study/Mitigated Negative Declaration (IS/MND) for the Desert Storage Specific Plan (Project). CVCC is a joint powers authority tasked with implementing and administering the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP or Plan), to which the City is a permittee. The CVMSHCP balances conservation of the area’s unique natural resources with economic growth and urban development. It provides incidental take coverage to permitted projects within the urbanized parts of the Coachella Valley in exchange for the acquisition and perpetual conservation of natural lands in ecologically critical regions designated as Conservation Areas.

The draft IS/MND indicates the Project will take place on Assessor Parcel Number (APN) 657-220-003 and 657-220-023, west of Palm Drive and south of Dillon Drive. The Project proposes design standards for 9.19 acres of mixed-use land zoned for high intensity commercial activity. The eastern portion of the site is already developed as a self-storage facility, while the western portion is envisioned as a recreational vehicle (RV) storage site. The site will include an RV dump station for wastewater and propane service area.

In order to receive coverage under the CVMSHCP, the Project must be deemed consistent with the requirements of the Plan. For development outside of Conservation Areas, this is achieved through payment of the Local Development Mitigation Fee1 (LDMF). If the development is outside of a Conservation Area but shares a common boundary, then the development must also abide by the Land Use Adjacency Guidelines (Guidelines) described in section 4.5 of the CVMSHCP so as to minimize potential edge effects, in addition to payment of the LDMF. If a development is proposed within a Conservation Area, it must undergo review by CVCC staff to determine if it is consistent with the authorized disturbance allowance, required measures, and Rough Step parameters of the impacted Conservation Area. This review process is referred to as a Joint Project Review (JPR) and is described in section 6.6.1.1 of the CVMSHCP. CVCC does not, however, exert any land use authority over 1 View current rates and estimate fees at https://cvmshcp.org/ldmf/ Item Number: 3.

COACHELLAVALLEY CONSERVATION COMMISSION
73-710 Fred Waring Drive, Suite 200 ͦ Palm Desert, CA 92260 ͦ (760) 346-1127 ͦ FAX (760) 340-5949 permittees. Consistency findings issued through the JPR process are provided to the permittee to aid in land use and permitting decisions.

The Project’s southwest corner shares a common nexus with the Willow Hole Conservation Area and is separated from the Upper Mission Creek/Big Morongo Canyon Conservation Area by Dillon Road, but is otherwise outside the Conservation Area. Mitigation measure BIO-3 references that the Project site shall adhere to the Guidelines, with BIO-B requiring the Project proponent to provide to the City a confirmation that the Guidelines were adhered to. CVCC recommends the discussion of the Guidelines be expanded such that implementation of individual Guidelines be linked to a specific mitigation measure, or substantiate why any particular Guideline does not apply to the Project. CVCC further recommends BIOB specify that photographic evidence, as-built designs, water quality certifications, or any other supporting documentation be submitted to the City alongside the confirmation to demonstrate adherence to the Guidelines.

CVCC appreciates the opportunity to comment on the City’s IS/MND of the proposed Project, and hopes that these comments provide useful guidance to the City in continuing to meet its obligations under the CVMSHCP. If you have any questions, please do not hesitate to reach me by email at [email protected] or by phone at 760.346.1127.

Sincerely,
Peter Satin
Conservation Program Manager
Item Number: 3.

State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
August 15, 2023
Sent via email
Patricia Villagomez
Principal Planner
City of Desert Hot Springs
65950 Pierson Boulevard
Desert Hot Springs, CA 92240
Desert Storage Specific Plan (PROJECT)
Mitigated Negative Declaration (MND)
SCH# 2023070608
Dear Patricia Villagomez:

The California Department of Fish and Wildlife (CDFW) received a Mitigated Negative Declaration (MND) from the City of Desert Hot Springs (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA guidelines. 1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.

Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related activities that have the potential to adversely affect fish and wildlife resources.

1CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000.

Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.

Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.

PROJECT DESCRIPTION SUMMARY
Proponent: Strat Property Management
Objective: The Project proposes the construction of a residential vehicle storage facility on APN 657-220-003 and an upgrade to the façade of the existing storage facility on the adjoining APN 657-220-023. The total acreage of the two parcels is approximately 9.37- acres. APN 657-220-003 is undeveloped, and APN 657-220-023 is already fully developed. In the western parcel, the Project proposes the development of a recreational vehicle (RV) storage facility with an accompanying caretaker’s quarters.

The two storage facilities would be linked by an internal pedestrian access point and would share a frontage wall and landscaping to provide a unified frontage. The project also includes an on-site RV dump station for wastewater and a propane service area.

Vehicular access to the project site will be provided through one gated access point on Dillon Road. Perimeter fencing consists of 6-foot-tall block wall with sections of 8-foottall tube steel fencing. A retention basin to capture on-site nuisance flows will be constructed on the southern end of the western parcel.

Location: The proposed Project is located on the south side of Dillon Road and is located west of Palm Drive, east of the dirt extension of Atlantic Avenue, and north of 18th Avenue, in the City of Desert Hot Springs, Riverside County, California. The project site includes two separate Assessor’s Parcel Numbers: 657-220-003 (4.69-acres) and 657-220-023 (4.68-acres). The Project site is located outside of, but immediately adjacent to, the Willow Hole Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).

Timeframe: The MND does not indicate a timeframe for construction of the Project.

COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project’s impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant.

CDFW’s comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate Project description. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.

Project Description
Compliance with CEQA is predicated on a complete and accurate description of the proposed Project. Without a complete and accurate Project description, the MND likely provides an incomplete assessment of Project-related impacts to biological resources.

CDFW has identified gaps in information related to the Project description.

The MND lacks a discussion of plans for artificial nighttime lighting. CDFW requests that the MND is revised to include design plans for artificial nighttime lighting and lighting specifications. Artificial nighttime lighting can negatively impact biological resources in a variety of ways as discussed in the Artificial Nighttime Lighting section below. To conduct a meaningful review and provide biological expertise on how to protect fish and wildlife resources, CDFW requires a complete and accurate Project description.

Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts. CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding a mitigation measure for artificial nighttime lighting, as well as revising the mitigation measures for nesting birds and and burrowing owl.
1) Nesting Birds
It is the Project proponent’s responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).

(Biological Assessment) indicates that the Project site contains “several large Athel saltcedar (Tamarix aphylla) in a row on-site facing Dillon Road.” Other shrubs identified on-site in the Biological Assessment include, but are not limited to, four-wing saltbush (Atriplex canescens), creosote bush (Larrea tridentata), and brittlebush (Encelia farinosa). Suitable nesting bird habitat exist on-site within trees and shrubs. The MND includes Mitigation Measure BIO-2 for nesting birds, which indicates that “for any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project-related ground disturbing activities.” CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting on-site. CDFW considers the Mitigation Measure BIO-2 to be insufficient in scope and timing to reduce impacts to nesting birds to less than significant. CDFW recommends the City revise Mitigation Measure BIO-2, with additions in bold and removals in strikethrough:

Mitigation Measure BIO-2: Nesting Birds
Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground-disturbing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior.

The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active.

Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project-related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.”
2) Burrowing Owl
Burrowing owl (Athene cunicularia) is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.”

observed on or adjacent to the project site. There is, however, a low potential for the species to locate on the site prior to initiation of construction.” Page 6 of the Biological Assessment indicates that “the entire project site appears to have been routinely disturbed and has a mixture of barren, disturbed land with areas that have a sparse growth of plants concentrated mainly on the southern 2/3 of APN 657-220-003.” In California, preferred habitat for burrowing owl is generally typified by short, sparse vegetation with few shrubs, level to gentle topography and well-drained soils.2 Grassland, shrub steppe, and desert are naturally occurring habitat types used by the species. In addition, burrowing owls may occur in some agricultural areas, ruderal grassy fields, vacant lots and pastures if the vegetation structure is suitable and there

2 Haug, E. A., B. A. Millsap, and M. S. Martell. 1993. Burrowing owl (Speotyto cunicularia), in A. Poole and F. Gill, editors, The Birds of North America, The Academy of Natural Sciences, Philadelphia, Pennsylvania, and The American Ornithologists’ Union, Washington, D.C., USA.

Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

are useable burrows and foraging habitat in proximity.3 The Project site contains suitable habitat for burrowing owl, and CDFW is concerned about the potential for burrowing owls to move into the project site prior to and during construction activities.

Burrowing owls frequently move into disturbed areas since they are adapted to highly modified habitats (Chipman et al. 20084; Coulombe 19715).Although the MND includes Mitigation Measure BIO-1 for burrowing owl, CDFW considers the measure to be inadequate in scope and timing to reduce impacts to less than significant. CDFW recommends that County revise Mitigation Measure BIO-1, with additions in bold and removals in strikethrough:

Mitigation Measure BIO-1: Burrowing Owl Avoidance
Suitable burrowing owl habitat has been confirmed on the Project site and surrounding area; therefore, focused burrowing owl surveys shall be conducted in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version) prior to vegetation removal or ground-disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result

3 Gervais, J. A., D. K. Rosenberg, and L. A. Comrack. Burrowing Owl (Athene cunicularia) in Shuford, W.D. and T.

Gardali, editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento, California, USA.
4 Chipman, E. D., N. E. McIntyre, R. E. Strauss, M. C. Wallace, J. D. Ray, and C. W. Boal. 2008. Effects of human land use on western burrowing owl foraging and activity budgets. Journal of Raptor Research 42(2): 87-98.
5 Coulombe, H. N. 1971. Behavior and population ecology of the Burrowing Owl, Speotyto cunicularia, in the Imperial Valley of California. Condor 73:162–176.

Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.. A pre-construction burrowing owl survey following CDFW guidelines must be conducted. Unless avoidable, all burrowing owls must be relocated prior to any ground disturbing activities. If burrowing owls remain on-site, a Burrowing Owl Relocation and Management Plan must be prepared to outline how the owls will be relocated per CDFW guidelines. Any owls occurring onsite must be relocated prior to construction, vegetation removal, or grading activities. Relocation will, at a minimum, require prior approval from the CDFW. 3) Artificial Nighttime Lighting

caretaker building and RV parking area, both of which may result in an increase of artificial light and glare into the existing environment. Potential sources of light and glare would include external building lighting, parking lot lighting, an illuminated sign, security lighting, building windows, and reflective building materials.” Page 18 of the MND states that “the project’s lighting will be required to comply with §17.40.170 of the Municipal Code. Per the City’s requirements, lighting must be fully or partially shielded in order to prevent glare and light spread beyond the site boundaries. In accordance with the City’s Mixed-Use development standards, per §17.14.040, lighting shall be incorporated along sidewalks and pedestrian walkways.” Page 10 of the MND includes Mitigation Measure BIO-3, which indicates that the Project shall adhere to CVMSHCP Land Use Adjacently Guidelines, including “Lighting: For proposed Development adjacent to or within a Conservation Area, lighting shall be shielded and directed toward the developed area.

Landscape shielding or other appropriate methods shall be incorporated in project designs to minimize the effects of lighting adjacent to or within the adjacent Conservation Area in accordance with the guidelines to be included in the Implementation Manual.”
Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

While the MND includes avoidance and minimization measures for the Project to minimize lighting impacts and comply with the CVMSHCP Land Use Adjacency Guidelines, the MND lacks details on the Project’s lighting plans and lighting specifications. New sources of lighting associated with the Project have the potential to impact Covered Species in the adjacent Willow Hole Conservation Area. Of particular importance, this portion of the Willow Hole Conservation Area functions as a biological corridor for Palm Springs pocket mouse (see CVMSHCP Section 4.3.8). CDFW requests that the MND is revised to include the Project’s lighting plans and lighting specifications to be used during Project construction activities and long-term operations of the Project to allow CDFW to conduct a meaningful review and provide biological expertise on activities that have the potential to adversely affect fish and wildlife resources.

Additionally, because the Project is located adjacent to the Willow Hole Conservation Area, an area that supports habitat for nesting birds, migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife, CDFW recommends the MND is revised to include an analysis of the direct, indirect, and cumulative impacts of artificial nighttime lighting expected to adversely affect biological resources within the adjacent Willow Hole Conservation Area. Artificial nighttime lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; and the detection of resources and natural enemies; and navigation. 6 Many species use
photoperiod cues for communication (e.g., bird song7), determining when to begin foraging,
8 behavioral thermoregulation,9 and migration.10 Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.
10 To support City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant, CDFW recommends that City add to a revised MND the following mitigation measure:

6 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal. Biological Reviews, 88.4: 912-927. 7 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130– 139.
8 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123–1127. 9 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature. Ecology 58:98–108.
10 Longcore, T., and C. Rich. 2004. Ecological light pollution -Review. Frontiers in Ecology and the Environment 2:191– 198.

Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

Mitigation Measure BIO-[A]: Artificial Nighttime Lighting Throughout construction and the lifetime operations of the Project, the Project Sponsor and City of Desert Hot Springs shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active.

The City of Desert Hot Springs shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent, and does not result in lighting trespass including glare into surrounding areas including the Willow Hole Conservation Area or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/). The City of Desert Hot Springs shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. 4) Landscaping

CVWD’s water-efficiency requirements, including the use of drought-tolerant planting materials and limited landscaping irrigation.” The MND lacks additional details on landscaping plans and the plant species proposed for landscaping. To ameliorate the water demands of this Project, CDFW recommends incorporation of water-wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water-efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants, more information on native plants suitable for the Project location and nearby nurseries is available at CALSCAPE: https://calscape.org/. Local water agencies/districts and resource conservation districts in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought-tolerant locally native species demonstration gardens.

Information on drought-tolerant landscaping and water-efficient irrigation systems is available on California’s Save our Water website: https://saveourwater.com/. CDFW also recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP “Table 4-112: Coachella Valley Native Plants Recommended for Landscaping” (pp. 4-180 to 4-182; https://cvmshcp.org/plandocuments/).

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

21003, subd. (e).) Accordingly, please report any special status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)

CONCLUSIONS
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information for a meaningful review of impacts to biological resources, including a complete project description. The CEQA Guidelines indicate that recirculation is required when insufficient information in the MND precludes a meaningful review (§ 15088.5) or when a new significant effect is identified and additional mitigation measures are necessary (§ 15073.5). CDFW recommends that a revised MND, including a complete Project description with lighting plans and specifications, be recirculated for public comment. CDFW also recommends that revised and additional mitigation measures as described in this letter be added to a revised MND.

CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Environmental Scientist, at [email protected].

Sincerely,
Kim Freeburn
Environmental Program Manager
Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

Attachment 1: MMRP for CDFW-Proposed Mitigation Measures ec:

Heather Brashear, Senior Environmental Scientist (Supervisor), CDFW [email protected]
Office of Planning and Research, State Clearinghouse, Sacramento [email protected]
Vincent James, U.S. Fish and Wildlife Service
[email protected]
Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Mitigation Measures Timing and
Methods
Responsible
Parties
Mitigation Measure BIO-2: Nesting Birds
Regardless of the time of year, nesting bird surveys
shall be performed by a qualified avian biologist no
more than 3 days prior to vegetation removal or
ground-disturbing activities. Pre-construction
surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and
nesting behavior. The qualified avian biologist will
make every effort to avoid potential nest predation as
a result of survey and monitoring efforts. If active
nests are found during the pre-construction nesting
bird surveys, a qualified biologist shall establish an
appropriate nest buffer to be marked on the ground.

Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A
smaller or larger buffer may be determined by the
qualified biologist familiar with the nesting
phenology of the nesting species and based on nest
and buffer monitoring results. Established buffers
shall remain on site until a qualified biologist
determines the young have fledged or the nest is no
longer active. Active nests and adequacy of the
established buffer distance shall be monitored daily
by the qualified biologist until the qualified biologist has determined the young have fledged or the Project
has been completed. The qualified biologist has the
authority to stop work if nesting pairs exhibit signs of disturbance.

Timing: No more
than 3 days prior
to vegetation
removal or
ground-disturbing
activities.

Methods: See
Mitigation
Measure
Implementation:

City of Desert Hot
Springs and Project
applicant
Monitoring and
Reporting: City of
Desert Hot Springs
Mitigation Measure BIO-1: Burrowing Owl Avoidance
Suitable burrowing owl habitat has been confirmed
on the Project site and surrounding area; therefore,
focused burrowing owl surveys shall be conducted in
accordance with the Staff Report on Burrowing Owl
Mitigation (2012 or most recent version) prior to
vegetation removal or ground-disturbing activities. If
burrowing owls are detected during the focused
surveys, the qualified biologist and Project
proponent shall prepare a Burrowing Owl Plan that
shall be submitted to CDFW for review and approval
prior to commencing Project activities. The
Timing: Focused
surveys: Prior to
vegetation
removal or
ground-disturbing
activities. Preconstruction
surveys: No less
than 14 days prior
to start of Projectrelated activities
and within 24
hours prior to
Implementation:

City of Desert Hot
Springs and Project
applicant
Monitoring and
Reporting: City of
Desert Hot Springs
Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

Burrowing Owl Plan shall describe proposed
avoidance, minimization, mitigation, and monitoring
actions. The Burrowing Owl Plan shall include the
number and location of occupied burrow sites, acres
of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers
and other avoidance measures if avoidance is
proposed. If impacts to occupied burrowing owl
habitat or burrow cannot be avoided, the Burrowing
Owl Plan shall also describe minimization and
relocation actions that will be implemented.

Proposed implementation of burrow exclusion and
closure should only be considered as a last resort,
after all other options have been evaluated as
exclusion is not in itself an avoidance, minimization,
or mitigation method and has the possibility to result
in take. If impacts to occupied burrows cannot be
avoided, information shall be provided regarding
adjacent or nearby suitable habitat available to owls
along with proposed relocation actions. The Project
proponent shall implement the Burrowing Owl Plan
following CDFW and USFWS review and approval.

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

Methods: See
Mitigation
Measure
Mitigation Measure BIO-[A]: Artificial Nighttime
Lighting
Throughout construction and the lifetime operations
of the Project, the Project Sponsor and City of Desert
Hot Springs shall eliminate all nonessential lighting
throughout the Project area and avoid or limit the use
of artificial light at night during the hours of dawn
and dusk when many wildlife species are most active.

The City of Desert Hot Springs shall ensure that all
lighting for the Project is fully shielded, cast
downward, reduced in intensity to the greatest
Timing:

Throughout
construction and
the lifetime
operations of the
Project
Methods: See
Mitigation
Measure
Implementation:

City of Desert Hot
Springs and Project
applicant
Monitoring and
Reporting: City of
Desert Hot Springs
Item Number: 3.

Patricia Villagomez, Principal Planner
City of Desert Hot Springs
August 15, 2023

extent, and does not result in lighting trespass
including glare into surrounding areas including the
Willow Hole Conservation Area or upward into the
night sky (see the International Dark-Sky Association
standards at http://darksky.org/). The City of Desert
Hot Springs shall ensure use of LED lighting with a
correlated color temperature of 3,000 Kelvins or less,
proper disposal of hazardous waste, and recycling of
lighting that contains toxic compounds with a
qualified recycler.

Item Number: 3.

Item Number: 3.

Item Number: 3.

Item Number: 3.

Item Number: 3.

Item Number: 3.

Item Number: 3.

SHEETS
TOTAL
DATE:

FILENAME:

DRAWN BY:

DESIGN BY:

EFFECTIVE DATE:

ISSUED FOR:

THESE PLANS, SPECIFICATIONS, AND DESIGNS ARE PROPERTY OF TKD ASSOCIATES, INCORPORATED. THE USE AND PUBLICATION OF THESE PLANS,

SPECIFICATIONS, AND DESIGNS SHALL BE RESTRICTED TO THE ORIGINAL SITE

AND PHASE FOR WHICH THEY WERE PREPARED AND TITLE THERETO REMAINS

WITH TKD ASSOCIATES, INCORPORATED AND USE WITHOUT THE WRITTEN CONSENT OF TKD ASSOCIATES, INCORPORATED IS STRICTLY PROHIBITED.

VISUAL CONTACT CONSTITUTES ACCEPTANCE OF THESE RESTRICTIONS.

T K D ASSOCIATES, INC.

LAND PLANNING - LANDSCAPE ARCHITECTURE
71-711 SAN JACINTO DR.

PH: (760) 776-1751

RANCHO MIRAGE, CALIFORNIA

SUITE C
92270

WATER CONSERVATION

DESERT RV STORGE

DILLON ROAD, LLC
66135 DILLON ROAD
Desert Hot Spring, CA
APN: 657-220-003

BEACON WAY

TREES QTY BOTANICAL / COMMON NAME SIZE WATER USE
10 Caesalpinia cacalaco `Smoothie` TM / Cascalote 24" Box Low 11 Cercidium praecox / Sonoran Palo Verde 36" Box Multi. Low 18 Cordia boissieri 'White Geiger' / Anacahuita 15 gal. Low 41 Pithecellobium flexicaule / Texas Ebony 24"box Low

PALM TREES QTY BOTANICAL / COMMON NAME SIZE WATER USE
9 Washingtonia filifera / California Fan Palm 12` BTH Skinned Low - Medium

SHRUBS QTY BOTANICAL / COMMON NAME SIZE WATER USE
38 Encelia farinosa / Brittle Bush 5 gal Very low - Low 21 Eremophila maculata `Valentine` / Spotted Emu Bush 5 gal Low 46 Hesperaloe parviflora / Red Yucca 5 gal Very low - Low 15 Leucophyllum frutescens `Green Cloud` TM / Green Cloud Texas Ranger 5 gal Low - Medium

CACTI QTY BOTANICAL / COMMON NAME SIZE WATER USE
15 Agave americana / Century Plant 15 gal. Very low
9 Dasylirion acrotrichum / Green Desert Spoon 5 gal Very low

VINE/ESPALIER QTY BOTANICAL / COMMON NAME SIZE WATER USE 26 Pyracantha koidzumii `Santa Cruz` / Santa Cruz Pyracantha 15 gal. esp. Medium

DESERT SELF STORAGE DILLION ROAD

CARETAKER RESIDENCE
GATE
TRASH

ENCLOSURE

COVERED RV STORAGE

COVERED RV STORAGE

COVERED RV STORAGE

COVERED RV STORAGE

PRELIMINARY

PLANTING PLAN
1"-20'
3159
4-27-23
TKD
TD
3176
L-1.0

CARETAKER RESIDENCE

Item Number: 3.

SHEETS
TOTAL
DATE:

FILENAME:

DRAWN BY:

DESIGN BY:

EFFECTIVE DATE:

ISSUED FOR:

THESE PLANS, SPECIFICATIONS, AND DESIGNS ARE PROPERTY OF TKD ASSOCIATES, INCORPORATED. THE USE AND PUBLICATION OF THESE PLANS,

SPECIFICATIONS, AND DESIGNS SHALL BE RESTRICTED TO THE ORIGINAL SITE

AND PHASE FOR WHICH THEY WERE PREPARED AND TITLE THERETO REMAINS

WITH TKD ASSOCIATES, INCORPORATED AND USE WITHOUT THE WRITTEN CONSENT OF TKD ASSOCIATES, INCORPORATED IS STRICTLY PROHIBITED.

VISUAL CONTACT CONSTITUTES ACCEPTANCE OF THESE RESTRICTIONS.

T K D ASSOCIATES, INC.

LAND PLANNING - LANDSCAPE ARCHITECTURE
71-711 SAN JACINTO DR.

PH: (760) 776-1751

RANCHO MIRAGE, CALIFORNIA

SUITE C
92270

WATER CONSERVATION

DESERT RV STORGE

DILLON ROAD, LLC
66135 DILLON ROAD
Desert Hot Spring, CA
APN: 657-220-003

DESERT SELF STORAGE DILLION ROAD

CARETAKER RESIDENCE
GATE
TRASH

ENCLOSURE
DUMP

STATION

COVERED RV STORAGE

COVERED RV STORAGE

COVERED RV STORAGE

COVERED RV STORAGE

ROCKERY PLAN
1"-20'
3159
4-27-23
TKD
TD
3176
L-1.1
ROCK

SYMBOL DESCRIPTION QTY
3/4" Desert Gold Crushed Rock 24,171 sf
4"-6" Horse Creek Fracture Granite 3,317 sf
4'-5' Cresta Boulder 10
K-101
K-102
K-105
K-101
K-101
K-101
K-101 K-101
K-101
K-101
K-101
K-101
K-101
K-101
K-101
K-101
K-102
K-102
K-102
K-102
K-102
K-102
K-105
K-105
K-105
K-105
K-105
CRESTA BOULDERS 4
-
HORSE CREEK FRACTURED GRANITE 4-6 DESERT GOLD ROCK 34

Item Number: 3.

CONTRACTOR.

4. IRRIGATION CONTRACTOR SHALL BE RESPONSIBLE FOR PROPER WORKMANSHIP

BUT NOT SPECIFIED ON THE DRAWING SHALL BE PROVIDED BY THE IRRIGATION

EQUIPMENT SHOWN IN PAVED

8. CONTRACTOR SHALL FLUSH ALL PIPE LINES PRIOR TO INSTALLING SPRINKLER

COMPACT ALL TRENCHES TO A DENSITY EQUAL TO THE UNDISTURBED SOIL BE TRENCHED A MINIMUM OF 12" DEEP. ALL CONTROL WIRE GOING UNDER

9. CONTRACTOR SHALL INSTALL VALVE BOXES AT GRADE OVER ALL ELECTRIC VALVES

AND SHALL BE RESPONSIBLE FOR BRINGING ANY SETTLED TRENCHES BACK TO GLASS, SOLVENT CEMENT CONTAINERS AND RAGS. CONTRACTOR SHALL

6. ALL TRENCH BACK FILL SOIL SHALL BE CLEAN, FREE OF ROCKS, TRASH,

5. ALL MAINLINE PIPING SHALL HAVE A MINIMUM OF 18" COVER (24" UNDER

3. ALL EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH MFG.'S

2. INSTALL ALL EQUIPMENT AS SHOWN IN DETAILS. ALL EQUIPMENT REQUIRED GOING UNDER DRIVEWAYS AND STREETS SHALL BE SCHEDULE 40 PVC.

DRIVEWAYS AND STREETS SHALL BE SLEEVED IN A PVC PIPE. LATERAL PIPING ROADS AND STREETS AND IF RING SEALED PIPE). ALL LATERAL PIPING SHALL DURING INSTALLATION.

INSTRUCTIONS AND SPECIFICATIONS.

FINISH GRADE.

HEADS AND PRIOR TO INSTALLING BUBBLERS AND EMITTERS.

AREAS ARE FOR DESIGN CLARIFICATION ONLY AND SHALL BE INSTALLED IN WILL BE DETERMINED AT TIME OF INSTALLATION.

1. SPRINKLER IRRIGATION PLAN IS DIAGRAMMATIC. FINAL LOCATION OF PIPING PLANTED AREAS.

GENERAL IRRIGATION NOTES

13. CONTRACTOR TO PROVIDE A DRIP EMITTER FOR EACH PLANT WITHIN DRIP ZONES.

10. SHRUB DRIP EMITTERS AND TREE BUBBLERS SHALL BE PLACED ON

12. ALL EMITTERS TO BE PLACED 6"-12" FROM EACH CENTER OF PLANT AND AT THE TOP OF SLOPE WHERE APPLICABLE.

SEPARATE VALVES.
*

LEVEL GRADE ARE TO BE BURIED

BOULDERS IN CLUSTERS ARE TO

BE SET AT VARIED HEIGHTS
NOTE:

FINISH GRADE

ARE TO BE BURIED

FINISH GRADE

ALL CAVITIES AND VOIDS
6" BELOW FINISH GRADE

APPLY STAIN A MINIMUM OF

ALL CAVITIES AND VOIDS

SLOPED GRADE
CONDITIONS PRIOR TO SUBMITTING BID.

5. ALL WORK IS SUBJECT TO THE REVIEW AND APPROVAL OF THE CONTRACTOR SHALL MAINTAIN THE INSTALLATION FOR A 90-DAY

DELIVERY INVOICE TO THE LANDSCAPE ARCHITECT FOR HIS
SHALL BE NOTIFIED 36HRS IN ADVANCE AND SHALL CHECK

STANDARD FOR THE NURSERY INDUSTRY, AND PER THE PLANT
NECESSARY PROPER EQUIPMENT. THE CONTRACTOR WILL BE

DISEASE-FREE, AND INSECT-FREE, BEING OF A SIZE THAT IS
PLACED AS INDICATED ON PLANTING PLAN. OWNER'S REPRESENTATIVE

POSITIONS BEFORE ACTUAL PLANTING OPERATIONS PROCEED

12. ALL LARGE PLANTS SHALL BE HANDLED WITH CARE USING THE

LOCATION OF ALL PLANTS IN THE FIELD AND SHALL INDICATE THE EXACT ON THE PLANS, UNLESS OTHERWISE SPECIFIED. ANY CHANGES OR SUBSTITUTIONS MUST BE APPROVED BY THE LANDSCAPE ARCHITECT.

AT THE TIME OF DELIVERY THE CONTRACTOR SHALL PROVIDE THE

10. ALL PLANT MATERIAL SHALL BE FULL, HEALTHY, SHAPELY,

15. ALL HOLES SHALL BE THOROUGHLY PRE-SOAKED WITH WATER

14. ALL PLANTS SHALL BE PLANTED IN HOLES AS PER PLANTING

9. THE CONTRACTOR SHALL PROVIDE ALL PLANTS AS INDICATED

6. PRIOR TO BEGINNING WORK, THE SITE SHALL BE FREE OF

7. GRADE AT PLANTERS SHALL BE 2" BELOW FINISHED GRADE
MANUFACTURER'S SPECIFICATIONS.

OF ADJACENT HARDSCAPE UNLESS OTHERWISE NOTED ON GRADING ALL DEBRIS, WEEDS, OR ROCKS GREATER THAN 2" DIAMETER WITH FINISH-GRADING COMPLETED. LANDSCAPE CONTRACTOR SHALL BE

RESPONSIBLE FOR THE REMOVAL OF ALL EXISTING PLANT MATERIAL UNLESS OTHERWISE NOTED ON PLANS. LANDSCAPE CONTRACTOR SHALL OR BERMING PLAN.

8. TREAT PLANTED AREAS, DECOMPOSED GRANITE AND

GRAVEL AREAS WITH PRE-EMERGENT WEED AGENT PRIOR TO,

AND AFTER, PLACING LANDSCAPE TOPPING AND AS PER

VISIT SITE IN ORDER TO BECOME FAMILIAR WITH ALL EXISTING DETAIL (SEE DETAIL THIS SHEET). TREE AND SHRUB ROOT CROWNS

ALL SHRUBS TO HAVE BELOW GRADE WATER RETENTION BASIN WITH REQUIRED TO REPLACE ALL DAMAGED PLANTS.

13. CONTRACTOR SHALL ADD PLANT TABLETS TO ALL

PLANT MATERIAL PER MANUFACTURERS SPECIFICATIONS
FOR CONTAINER SIZE.

4. WORKMANSHIP AND MATERIAL ARE EXPECTED TO BE OF THE

ALL NECESSARY WORKMEN'S COMPENSATION INSURANCE AND BONDS

2. THE CONTRACTOR SHALL APPLY FOR, PAY FOR, AND OBTAIN

3. THE CONTRACTOR SHALL COORDINATE HIS WORK WITH ALL

1. THE LANDSCAPE CONTRACTOR SHALL BE LICENSED AND CARRY ALL REQUIRED PERMITS.

OWNER'S AUTHORIZED REPRESENTATIVE.

HIGHEST STANDARDS AND QUALITY.

RELATED TRADES.

GENERAL PLANTING NOTES
REQUIRED BY THE STATE.

REVIEW.

ARCHITECT'S APPROVAL.

LEGEND. ALL PLANTS ARE SUBJECT TO THE LANDSCAPE

11. BEFORE EXCAVATION, PLANTS IN CONTAINERS SHALL BE

19. THE CONTRACTOR SHALL REMOVE ALL DEBRIS, PLANT BOXES

AND CONTAINERS, MATERIALS, SUPPLIES OR EQUIPMENT, LEAVING

THE SITE IN A CLEAN CONDITION UPON COMPLETION OF LANDSCAPE

20. UPON ACCEPTANCE OF THE COMPLETED PROJECT, THE

LANDSCAPE CONTRACTOR SHALL REPLACE ALL DEAD OR DAMAGED PLANT PLANTING AREAS AS NEEDED TO MAINTAIN A NEAT AND CLEAN APPEARANCE;

MAINTAIN IRRIGATION AND LIGHTING SYSTEMS (WHERE APPLICABLE) IN A LIKE-NEW CONDITION; AND APPLY A UNIFORM FERTILIZER

21. ACCEPTANCE OF LANDSCAPE INSTALLATION AND MAINTENANCE WILL BE DETERMINED BY THE OWNER'S AUTHORIZED REPRESENTATIVE.

MATERIAL WHETHER CAUSED BY OTHER TRADE ACTIVITY AND/OR
MAINTENANCE PERIOD. THE CONTRACTOR SHALL WEED ALL
AS NEEDED TO MAINTAIN PROPER GROWTH FOR ALL PLANTING.

APPLICATION AT 30 DAYS, 60 DAYS, AND 90 DAYS,
NATURAL CAUSES AT NO EXTRA COST TO OWNER.

INSTALLATION.

NATURAL SOIL.

16. ALL SHRUBS AND TREES SHALL BE BACKFILLED WITH 100%

17. CONTRACTOR SHALL PROVIDE WATERING BASINS AROUND ALL

18. ALL BOULDERS (WHERE APPLICABLE) SHALL BE SET INTO SOIL 33% OF BOULDER SIZE.

PLANT MATERIAL.

GRADUAL 2" SWALE.

SHALL BE SET FLUSH WITH THE ADJACENT FINISH GRADE.
3' MAX HT.
3' MAX HT.

14. CONTRACTOR TO REPLACE GREEN EXISTING VALVE BOXES WITH NEW TAN BOXES,

14. CONTRACTOR TO RETROFIT AND/OR REPLACE VALVES AS NEEDED.

SHEETS
TOTAL
DATE:

FILENAME:

DRAWN BY:

DESIGN BY:

EFFECTIVE DATE:

ISSUED FOR:

THESE PLANS, SPECIFICATIONS, AND DESIGNS ARE PROPERTY OF TKD ASSOCIATES, INCORPORATED. THE USE AND PUBLICATION OF THESE PLANS,

SPECIFICATIONS, AND DESIGNS SHALL BE RESTRICTED TO THE ORIGINAL SITE

AND PHASE FOR WHICH THEY WERE PREPARED AND TITLE THERETO REMAINS

WITH TKD ASSOCIATES, INCORPORATED AND USE WITHOUT THE WRITTEN CONSENT OF TKD ASSOCIATES, INCORPORATED IS STRICTLY PROHIBITED.

VISUAL CONTACT CONSTITUTES ACCEPTANCE OF THESE RESTRICTIONS.

T K D ASSOCIATES, INC.

LAND PLANNING - LANDSCAPE ARCHITECTURE
71-711 SAN JACINTO DR.

PH: (760) 776-1751

RANCHO MIRAGE, CALIFORNIA

SUITE C
92270

WATER CONSERVATION

DESERT RV STORGE

DILLON ROAD, LLC
66135 DILLON ROAD
Desert Hot Spring, CA
APN: 657-220-003

PLANTING AND IRRIGATION DETAILS
N.T.S.
3159
4-27-23
TKD
TD
3176
LD-1.0

Item Number: 3.

Item Number: 3.

Item Number: 3.
1 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, TO 1) ADOPT THE MITIGATED
NEGATIVE DECLARATION ENV 23-4 AND MONITORING PLAN; 2)
APPROVE DESERT STORAGE SPECIFIC PLAN NO. 21-1; 3)
APPROVE DEVELOPMENT PERMIT NO. 23-5 AND; 4) APPROVE AN
ORDINANCE ADDING CHAPTER 17.250 “DESERT STORAGE
SPECIFIC PLAN” TO THE DESERT HOT SPRINGS MUNICIPAL CODE WHEREAS, an applicant (“Applicant”) to the City of Desert Hot Springs, California (“City”), is requesting that the City 1) Adopt the Mitigated Negative Declaration ENV 23-4, and monitoring plan; 2) Approve Desert Storage Specific Plan No. SP 21-1; 3) Approve Development Permit No. 23-5 and; 4) Approve An Ordinance Adding Chapter 17.250” Desert Storage Specific Plan” to the Desert hot springs Municipal Code (the “Project”); and
WHEREAS, the City, acting as Lead Agency, has reviewed a draft Mitigated Negative Declaration (“MND”); and
WHEREAS, on September 12, 2023, 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 October 17, 2023, 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, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Project, the Planning Commission 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
Item Number: 3.

1 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 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:

Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study has been prepared and has determined that development of the Project would not have a significant impact on the environment, with the implementation of mitigation measures. A draft Mitigated Negative Declaration is proposed and contains certain mitigation measures in conformance with Section 15070, Subsection (a), of the CEQA.

The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment, The MND is part of the record. This is the independent judgement of the City Council.

Section 4. FINDINGS FOR PROJECT
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 and in the environmental documents, and any oral findings.

Section 5. APPROVAL OF DESERT STORAGE SPECIFIC PLAN
(PROJECT)
Item Number: 3.

1 The City Council to: 1) adopt the Mitigated Negative Declaration, and the mitigation monitoring plan (attached to the Staff Report and in the agenda); 2) approve Desert Storage Specific Plan No. 21-1; 3) approve Development Permit No. 23-5; and 4) adopt the Ordinance adding Chapter 17.250 “Desert Storage Specific Plan” to the Desert Hot Springs Municipal Code.

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 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.

Item Number: 3.

1 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the ____ of ____, 2023, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
Item Number: 3.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS ADDING CHAPTER 17.250 “DESERT STORAGE
SPECIFIC PLAN” TO TITLE 17 “ZONING” OF THE DESERT HOT

SPRINGS MUNICIPAL CODE TO ESTABLISH ZONING STANDARDS

FOR THE DESERT STORAGE SPECIFIC PLAN AREA
WHEREAS, the City of Desert Hot Springs (“City”) has a responsibility to plan and regulate the use of property within the City; and
WHEREAS, the City has received an application to adopt of the Desert Storage Specific Plan SP 21-1 (“Specific Plan”) for a 9.03-acre property, as well as supporting applications for a Development Permit 23-5, collectively “Project”; and
WHEREAS, the Desert Hot Springs Municipal Code (“DHSMC”) provides for the adoption of Specific Plans and related actions, as follows:
• Chapter 17.88 provides for the adoption of Zoning Ordinance Amendments; • Chapter 17.100 provides for the adoption of General Plan Amendments; • Chapter 17.128 provides for the approval of Specific Plans; and WHEREAS, the City Council desires to 1) add Chapter 17.250 “Desert Storage Specific Plan”, to provide a comprehensive set of zoning regulations to facilitate the development of the subject site, while at the same time ensuring that such development does not conflict with the General Plan, is not inconsistent with surrounding uses, and is not detrimental to the public health, safety and welfare and
WHEREAS, the City Council finds that the adoption of this ordinance has been adequately evaluated by the applicable provisions of the California Environmental Quality Act (CEQA), and that the City Council hereby certifies the Mitigated Negative Declaration and Mitigation Monitoring Program prepared from the Initial Study (see accompanying Resolution for the Project); and
WHEREAS, the City Council finds this ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City and is for the convenience and general welfare of the City; and
WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and the Desert Storage Specific Plan, in that the subject uses and standards conform goals, policies and standards of the General Plan and Specific Plan; and WHEREAS, the City’s Planning Commission held a public hearing, considered this Ordinance (along with the Project), and made a positive recommendation to the City Council; and
WHEREAS, on October 17, 2023 the City Council concluded the public hearing and considered this Ordinance.

Item Number: 3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS.

The Recitals are true and correct and are hereby incorporated by this reference.

Section 2. EVIDENCE
That the City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to, the following:
(a) The City’s Municipal Code and its General Plan, including updates; (b) The documents that consist of the Project;
(c) All of the environmental documents;
(d) The adopted Desert Storage Specific Plan;
(e) Testimony and/or comments from all persons 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 Planning Commission and the City Council; (f) Planning Commission’s recommendation; and
(g) Public comments, both written and oral, received and/or submitted at, or prior to the City Council’s consideration of this ordinance.

Section 3. ADDING CHAPTER 17.250 “DESERT STORAGE SPECIFIC PLAN” TO TITLE 17 “ZONING”
Chapter 17.250 “Desert Storage Specific Plan” shall be added to read as follows:

17.250.010. – Desert Storage Specific Plan Map
The area of the Desert Storage Specific Plan is set forth on the following map, including the establishment the Planning Area:

Item Number: 3.

17.250.020. – Desert Storage Specific Plan – Permitted Uses Table The following tables for permitted uses shall govern:

Desert Storage
Item Number: 3.

Item Number: 3.

17.250.030. – Desert Storage Specific Plan – Development Standards The following development standards shall govern:

Item Number: 3.

17.250.040 – Review and Approval
A. All uses within the Desert Storage Specific Plan Planning Areas shall be subject to review and approval for conformance with this Chapter.

B. Uses which are indicated as “P” (Permitted) shall require, for any related construction or development, review, and approval by the Planning Commission, in accordance with Section 17.92 (Development Permit).

C. Uses which are indicated as “C” (Conditionally Permitted) shall require review and approval by the Planning Commission in accordance with Section 17.76 (Conditional Use Permits).

D. Required findings for approval of Development Permit (Section 17.92) or Conditional Use Permit (Section 17.76) shall include consideration of the Design Guidelines of the Desert Storage Specific Plan.

Section 4. ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study has been prepared and has determined that development of the Project would not have a significant impact on the environment, with the implementation of mitigation measures. A draft Mitigated Negative Declaration is proposed and contains certain mitigation measures in conformance with Section 15070, Subsection (a), of the CEQA.

The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment, The MND is part of the record. This is the independent judgement of the City Council.

Section 5. GENERAL PLAN CONSISTENCY FINDINGS
The City Council finds this amendment is compatible with the general objectives of Item Number: 3.

the General Plan and any applicable specific plan, in that the subject uses would be conditionally permitted in Commercial General districts, similar to other permitted and conditionally permitted uses, and in that the use will be subject to strict review and conditions.

Section 6. GENERAL FINDINGS
The City Council finds this ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 7. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 9. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 10. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.
[END OF PAGE]
Item Number: 3.

The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ______________________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jerryl Soriano, City Clerk
Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer A. Mizrahi,
City Attorney
Item Number: 3.

SR-23-218
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: October 17, 2023
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Ordinance Amending Chapter of Title 17, Zoning Code: "Chapter 17.12 (Commercial Districts)," and In Effect Terminating the Urgency Interim Ordinances (Moratoria) Approved by the City Council on January 17, 2023 and on May 2, 2023 Restricting Uses in the Downtown Area RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Introduce for First Reading and read by title only: "An Ordinance amending "Chapter 17.12 (Commercial Districts)" of Title 17, Zoning Code, which Ordinance will in effect terminate the Urgency Interim Ordinances (Moratoria) approved by the City Council on January 17, 2023 and on May 2, 2023 restricting uses in the Downtown Area."
BACKGROUND:

The City of Desert Hot Springs has undertaken an effort to update and amend Title 17, Zoning Code of the Desert Hot Springs Municipal Code. The reasons for these updates include:
 Clarifying language in the chapters that is ambiguous or contradictory  Performing an internal consistency check across all chapters of the Zoning Code  Performing a consistency check with the General Plan
 Adding language that specifies mixed-use developments as covered by the Zoning Code  Streamlining the processing and approvals of housing projects, especially affordable housing projects, to meet State mandated requirements
The City received funding from the State to assist with the modifications of the ordinance, especially in the parts of the code concerning housing projects. Specifically, the State is requiring the City to remove barriers to create additional housing via limiting or eliminating discretionary reviews and allowing more housing projects as uses by right that follow objective code requirements only.

Item Number: 4.

SR-23-218
DISCUSSION:

A summary of the changes are listed below:

Chapter 17.12 Commercial Districts
 Removed Visitor-Serving Commercial from this chapter to be combined with Visitor-Serving Mixed-Use (which is currently in the Mixed-Use District chapter) to create a new VisitorServing District chapter  Reorganized design standards into a table for ease of use  Moved up design guidelines below design standards
 Generally changed the Permitted Uses Table to be less restrictive  Cannabis Entertainment Facility was change to Cannabis Lounge  Added new uses such as Mobile Food Vending Vehicle Parks (permanent), Cannabis Lounge, Event Facility, and Food and Indoor Retail Concessions Mall to the permitted uses table  Added the ability to develop multi-family residential and live/work uses in the Downtown Commercial (C-D) district to encourage more mixed-use projects downtown  Added the ability to develop Residential Care Facilities in Neighborhood Commercial (C-N), General Commercial (C-G), and Downtown Commercial (C-D)  Made minor modifications to the specific standards sections  Added an outdoor sales and display section to specific standards with regulations  Removed many of the regulations surrounding Tattoo and Body Piercing Establishments. A 300 foot separation distance remains.

Planning Commission changes included:
 Removed Mini-malls (Strip Malls) as a Permitted Use in the Downtown Commercial District  Allowed Tattoo and Body Piercing Establishments as a Permitted Use in all commercial zoning districts.
 Removed the Table 17.12.02, Commercial District Specific Standards and incorporated the information in Table 17,12.01, Site Development Standards Further, the adoption of the attached Ordinance will in effect terminate the Urgency Interim Ordinances (Moratoria) approved by the City Council on January 17, 2023 and on May 2, 2023 restricting uses in the Downtown Area.

Item Number: 4.

SR-23-218
FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

In accordance with the provisions of the California Environmental Quality Act (“CEQA”), this project is Categorically Exempt from environmental review pursuant to Section No. 15061(b)(3) of the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:
1) Ordinance - Title 17 Commercial District and Moratoria 2) Chapter 17.12 Commercial Districts - Red Line w/ PC Changes 3) Chapter 17.12 Commercial Districts - CURRENT
Item Number: 4.

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS 1) AMENDING THE FOLLOWING CHAPTER OF THE DESERT HOT SPRINGS MUNICIPAL CODE: A) CHAPTER 17.12 COMMERICAL DISTRICTS, AND 2) IN EFFECT TERMINATING THE URGENCY INTERIM ORDINANCES NUMBERS 771 AND 779 (MORATORIA) APPROVED BY THE CITY COUNCIL ON JANUARY 17, 2023 AND ON MAY 2, 2023, RESPECTIVELY, RESTRICTING USES IN THE DOWNTOWN AREA.

WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power; and WHEREAS, the City is in the process drafting a comprehensive overhaul to Title 17, making substantive changes, as well as amending chapters for internal consistency; and
WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. CHAPTER TO BE AMENDED
That the City Council hereby amends the following Chapter of the Desert Hot Springs Municipal Code as follows:
1) Chapter 17.12 “Commercial Districts”, which shall be amended as per Exhibit A, which is incorporated herein
Section 3. TERMINATION OF ORDINANCES 771 AND 779
Item Number: 4.

2 Ordinances 771 and 779 were adopted by the City Council to place land use restrictions in certain portions of the Downtown Area. By operation of law, Ordinances 771 and 779 will automatically terminate and become null and void at the same time this Ordinance becomes effective, because this Ordinance covers the same areas and land uses that were covered in Ordinances 771 and 779.

Section 4. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to change certain uses within the Downtown Area and does not have the potential to significantly impact the environment.

Section 5. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 6. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 7. EFFECTIVE DATE
This ordinance shall become effective 30 days after its second reading.

Item Number: 4.

3 [THIS PORTION OF THIS PAGE LEFT INTENTIONALLY BLANK]
The Ordinance was approved by the City Council and adopted at a meeting of the City Council held on October 17, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
___________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 4.

1 Exhibit A
Chapter 17.12 COMMERCIAL DISTRICTS
Sections:

17.12.010 Purpose.

17.12.020 Permitted uses.

17.12.030 Land use district development standards.

17.12.040 Land use district specific standards.

17.12.050 Applicable regulations.

17.12.060 Commercial development design guidelines.

17.12.070 General design principles.

17.12.080 Site Planning

17.12.090 Parking and circulation.

17.12.100 Landscaping.

17.12.110 Walls and fences.

17.12.120 Screening.

17.12.130 Architectural design guidelines.

17.12.140 Roofs.

17.12.150 Awnings.

17.12.160 Signs.

17.12.170 Lighting

17.12.180 Bonus height.

17.12.190 Alcohol beverage control “ABC” license.

17.12.200 Automobiles sales.

17.12.210 Convenience stores.

17.12.220 Day care centers.

17.12.230 Drive-through restaurants.

17.12.240 Indoor retail concession malls.

17.12.250 Outdoor dining.

17.12.260 Outdoor sales and display

17.12.270 Mini-malls (strip malls).

17.12.280 Multifamily housing.

17.12.290 Household recycling facilities for reusable domestic containers.

17.12.300 Supportive housing (Senior citizen/congregate care housing standards.)

17.12.310 Service station (gasoline) standards.

17.12.320 Service station conversions.

17.12.330 Single-family housing, existing.

17.12.340 Single-family/office conversions.

17.12.350 Tattoo and body piercing establishments.

17.12.360 Mobile food vending vehicle parks.

17.12.010 Purpose.

A. This chapter applies to all development in the commercial districts. The purpose of these zoning districts is to:

Item Number: 4.

2 1. Allow a mixture of complementary land uses that may include retail, offices, commercial services, and civic uses, to create economic and social vitality;

2. Develop commercial areas that are safe, comfortable and attractive to pedestrians;

3. Protection of commercial and adjoining residential areas from excessive noise, illumination, unsightliness, odor, and smoke.

4. Provide flexibility in the location and design of new developments to anticipate changes in the market;

5. Reinforce streets as public places that encourage pedestrian and bicycle travel and connections to residential areas;

6. Provide both formal and informal community gathering places;

7. Provide employment opportunities for existing and future residents of the City and those of adjacent communities.

8. Provide visitor accommodations and tourism amenities.

B. The specific purpose of each individual commercial district is as follows:

1. C-N (Neighborhood Commercial). This district is intended to accommodate a limited range of neighborhood scale retail sales, business, dining, personal, and professional services conveniently located near residential areas.

2. C-G (General Commercial). This district is intended to accommodate a wide range of retail sales, business, dining, personal, and professional services, as well as entertainment and lodging.

3. C-D (Downtown Commercial). This district is intended to encourage the development of a concentration of pedestrian-oriented commercial, entertainment, personal service, and office uses in the central business area of the City, which will provide a focal point of activity for the City and the surrounding areas. Multi-family residential uses that compliment commercial uses are also encouraged to create a lively downtown area.

4. C-H (Highway Commercial). This district is intended to accommodate those business and retail uses which provide merchandise and services desired by motorists, directly from or for motor vehicles. The C-H district is intended to promote a unified grouping of travel-oriented uses, such as fueling stations, regional retail, entertainment, dining, and hotels.

5. C-BP (Business Park Commercial). This district is intended to facilitate a flexible administrative, medical, research, and office centers. The intent is to create, maintain, and support an environment for employment-generating businesses including administrative, professional office, limited industry, medical, research, and similar uses. It is also the intent to provide amenities, personal service, and convenient restaurant uses for people who work in the business park.

Item Number: 4.

3 17.12.020 Permitted uses.

A. Table 17.12.01 lists the uses permitted in each of the commercial and visitor-serving districts utilizing the following key:
“P” Use is permitted by right. (A Development Permit may be required for a new use or structure or expansion of an existing use.)
“A” Use is accessory to an established primary use.
“AUP” Use requires an Administrative Use Permit.
“CUP” Use requires a Conditional Use Permit.
“TUP” Use requires a Temporary Use Permit.
“—” Use is prohibited.

B. Land uses listed in Table 17.12.01 use definitions from the North American Industry Classification System (NAICS) unless otherwise defined specifically by this title. The individual land uses permitted in each of the mixed-use districts are grouped in Table 17.14.01 using the major land use categories of Commercial, Industrial, Institutional, Residential and Other.

TABLE 17.12.01
PERMITTED USES – COMMERCIAL AND VISITOR SERVING DISTRICTS USE

COMMERCIAL DISTRICTS

C-N C-G C-D C-H C-BP CODE SECTION

BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller
Machines(ATMs) –
Drive-up

AUP AUP AUP AUP AUP
Business Support
Services

P P P P P
Check Cashing and/or
Payday Loans
— CUP _ — —
Financial Institutions and
Related Services(without
drive-through facilities)

P P P P P
Financial Institutions and
Related Services (with
drive-through facilities)

AUP P - P P
Item Number: 4.

4 Office, Business and
Professional

P P P P P

EATING AND DRINKING ESTABLISHMENTS

USE C-N C-G C-D C-H C-BP CODE SECTION
Bars, Lounges,
Nightclubs, and Tasting
Rooms*
— CUP CUP CUP CUP 17.12.190
Food Preparation/Catering
(no on-site sales or
service)

AUP P P P P
Food Preparation/Catering
(with on-site sales or
service)

AUP P P P P
Restaurant – Full or
Limited Service, Serving
Alcohol*
AUP AUP AUP AUP AUP 17.12.190
Restaurant – Full or
Limited Service, No
Alcohol Sales

P P P P P
Restaurant with Drivethrough Facilities*P P — P P 17.12.1230 Snack Bar A A A A A
Mobile food vending
vehicle parks
- AUP AUP AUP AUP 17.12.360 Mobile
food vending
vehicle parks.

Mobile food vending
vehicle parks - Ancillary
- AUP AUP AUP AUP 17.12.360 Mobile
food vending
vehicle parks.

INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING

USE C-N C-G C-D C-H C-BP CODE SECTION
Brewery, Winery, or
Distillery — CUP CUP CUP CUP
Data Centers — — — — P
Hazardous Waste
Facilities
— — — — —
Food Processing — — — — AUP
Furniture and fixtures
manufacturing, cabinet
shops, and woodworking
shops (wholesale sales
only)
— — — — P
Laboratory – Medical,
Analytical, Research,
Testing
— — — — AUP
Laundries and DryCleaning Plants — — — — —
Manufacturing – Heavy — — — — —
Item Number: 4.

5 Manufacturing – Light — — — — CUP
Recycling
Small Collection Facility* — AUP — AUP AUP 17.12.290
Large Collection Facility* — CUP — CUP CUP 17.12.209
Light Processing* — — — — — 17.12.290
Heavy Processing* — — — — — 17.12.290
Reverse Vending
Machine

A A A A A
Research and
Development — — — — P
Storage – Outdoor — — — — CUP
Warehouse, Wholesaling
and Distribution — — — — CUP

LODGING

USE C-N C-G C-D C-H C-BP CODE SECTION
Hotel and Motel (without
spa)
— CUP CUP P CUP
Spa Resort — — CUP CUP CUP
Emergency Shelter/Low
Barrier NavigationCenter — — — — CUP
Camping/Glamping - - - - -

MARIJUANA/CANNABIS USES
USE C-N C-G C-D C-H C-BP 1 In Industrial
Cannabis
Overlay Zone,
marijuana use
cannot be a standalone use and must
in center with other
retail/commercial
uses.
2 In Overlay Zone
use Ch. 17.180 as
default regulations.

Marijuana/Cannabis
Nonstorefront Retail — — — — CUP1,2
Marijuana/Cannabis
Distribution — — — — CUP1,2
Marijuana/Cannabis
Cultivation — — — — CUP1,2
Marijuana/Cannabis
Lounge CUP CUP CUP CUP CUP
Marijuana/Cannabis
Hotel Facilities CUP CUP — CUP CUP
Marijuana/Cannabis
Manufacturing — — — — CUP1
Marijuana/Cannabis
Storefront Retail
CUP CUP CUP CUP CUP 17.180.040
Marijuana/Cannabis
Testing Facilities P P P P P 17.180.070

MEDICAL-RELATED AND CARE USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Ambulance Fleet — AUP AUP — AUP
Clinic and Urgent Care — AUP AUP AUP AUP
Day Care Center* CUP CUP — — — 17.12.220
Item Number: 4.

6 Therapy and
Rehabilitation Facilities P CUP P AUP P
Hospital — CUP CUP CUP CUP
Office, Medical and
Dental Office

P P P P P
Residential Care Facilities
(Commercial Assisted
Living, Nursing Home)
CUP CUP CUP — —

PUBLIC AND ASSEMBLY USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Cultural Institutions AUP P P P P
Event Facility, Event
Center, Event Venue
- P AUP AUP AUP
Public Assembly
Facilities
— CUP CUP CUP CUP
Religious Assembly
Facilities
— CUP CUP CUP CUP
Schools, Private CUP CUP CUP — CUP
Trade and Vocational
Schools
— CUP CUP P P
Tutoring and Education
Centers

P P P P P

RECREATION AND ENTERTAINMENT

USE C-N C-G C-D C-H C-BP CODE SECTION
Art Gallery P P P P P
Arcade /Electronic Game
Center

CUP AUP AUP AUP AUP
Commercial Recreation –
Indoors

CUP P P P P
Commercial Recreation –
Outdoors

CUP CUP CUP CUP CUP
Entertainment, Indoor
(motion picture theaters,
performance theatres,
dance halls and similar)

AUP AUP AUP P P
Health/Fitness Facilities
Health/Fitness Facilities –
Small AUP P P P P
Health/Fitness Facilities –
Large

CUP AUP CUP AUP AUP

RESIDENTIAL USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Accessory Dwelling Unit — — — — —
Dwelling, Multifamily* — — AUP — — 17.12.280
Dwelling, Single-Family* — — — — — 17.12.330
Live/Work Unit* - - P - - 17.12.340
Home Occupations — — — — —
Item Number: 4.

7 Single Room Occupancy
(SRO)*
— — — — — 17.08.210
Supportive Housing
(Senior
Citizens/Congregate Care
Housing)*
CUP AUP CUP — — 17.12.300
Transitional Housing — — — — —

RETAIL USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Alcohol Beverage Sales
For Off-Site
Consumption* CUP CUP CUP CUP CUP 17.12.190
For On-Site or Off-Site
Consumption, in
Conjunction with an
Allowed Use*
— CUP CUP CUP CUP 17.12.190
Building Materials and
Services, Indoor
— P P P P
Building Materials and
Services, Outdoor — CUP — P AUP
Convenience Store with
Alcohol Sales*
CUP CUP CUP CUP CUP 17.12.190

17.12.210
Convenience Store, No
Alcohol Sales*
AUP P AUP P P 17.12.210
Farmers’ Market TUP TUP TUP TUP TUP
Grocery Store P P P P P
Indoor Retail
Concessions*
- P P P P 17.12.240
Mini-mall (Strip mall)* - P — P P 17.12.270
Nurseries and Garden
Centers
— P AUP P P
Outdoor Temporary
and/or Seasonal
Sales

TUP TUP TUP TUP TUP
Recreational Equipment
Rentals – Indoor Only P P P P P
Retail Sales – General P P P P P
Retail Sales – Restricted
(firearm and ammunition
stores, pawn shops, and
jewelry/gold exchanges)
— CUP CUP CUP CUP
Vehicle Sales and Rental* — CUP — CUP CUP 17.12.200
Large Vehicle,
Construction, and Heavy
Equipment Sales, Service,
and Rental
— CUP — — CUP
Item Number: 4.

8 SERVICE USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Animal Care, Services
Animal
Boarding/Kennels,
Grooming

AUP P AUP P P
Veterinary Services,
Large Animal
— P - P P
Veterinary Services,
Small Animal

AUP P P P P
Funeral Parlors and
Internment Services
— AUP CUP — AUP
Instructional Services P P P P P
Maintenance and Repair
Services – Indoor P P P P P
Moving Companies,
Storage Allowed
— — — — AUP
Personal Services,
General P P P P P
Personal Services,
Restricted (massage
establishments, day spa
with massage)

CUP CUP CUP CUP CUP
Recording Studio — AUP AUP AUP P
Social Service Facilities — P — P P
Storage
Personal — CUP — — CUP 17.16.060
Outdoor Recreational
Vehicle Storage —
-
— — CUP
Vehicle Repair and Services
Service/Fueling Station* CUP CUP - AUP CUP 17.12.310
Vehicle Washing/
Detailing A AUP AUP AUP AUP
Vehicle Service, Minor — AUP — P P
Vehicle Service, Major — — — CUP

TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES

USE C-N C-G C-D C-H C-BP CODE SECTION
Car Sharing – Parking AUP AUP AUP AUP AUP
Parking Facility –
Temporary

TUP TUP TUP TUP TUP
Utility Facilities – Staffed — AUP AUP AUP AUP
Utility Facility –
Unstaffed
AUP AUP — AUP AUP
Vehicle Charging Stations
– Commercial

AUP P P P P
Vehicle Storage — — — — CUP
Wireless Communication
Facilities – Minor AUP AUP AUP AUP AUP
Item Number: 4.

9 Wireless Communication
Facilities – Major CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facilities, Satellite Dish
Antenna

P P P P P

OTHER USES
Caretaker Quarters — A — — A
Donation Boxes –
Outdoors
— — — — CUP
Other Drive-Through or
Drive-Up Facilities
AUP AUP — AUP AUP
Vending Machine A A A A A
*Specific standards apply.
(Ord. 762 6-21-22; Ord. 728 1-19-21; ord. 727 1-19-21; Ord. 712 6-2-20; Ord. 610 5-2-17; Ord. 524 § 5,2010; prior code § 159.06.020)

17.12.030 Land use district development standards.

A. General Standards. The following standards are minimum unless stated as maximum. The following standards shall apply to development in all commercial districts, except as otherwise provided for in this Zoning Ordinance:

1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g., patio dining areas and nursery sales limited to plants and trees) shall be approved with a Development Permit from the Approval Authority.

2. There shall be no visible storage of motor vehicles (except display area for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Every parcel with a structure shall have a trash and recycling receptacle on the premises. The trash and recycling receptacle shall comply with adopted standards and be of sufficient size to accommodate the trash and recycling generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. Recycling facilities and programs shall be incorporated into refuse storage/disposal areas.

4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from Item Number: 4.

10 any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof parapet or screened in a manner which is architecturally integrated with the main structure(s).

5. Elevations of all structures shall be architecturally treated to ensure compatibility with or enhancing of neighboring structures.

6. An intensity bonus of up to 12 square feet for each one (1) square foot of permanent space for properly designed and administered day care facilities may be approved by the review authority.

B. Site Development Standards.

TABLE 17.12.02

SITE DEVELOPMENT STANDARDS

DEVELOPMENT STANDARD COMMERCIAL DISTRICTS

C-N C-G C-D C-H C-BP
Gross lot area
Minimum 2.5 acres 2.5 acres 2.5 acres 10 acres 10 acres Maximum 10 acres 10 acres 5 acres 20 acres 20 acres
Individual lot area 7,200 sq.
ft. (min)
7,200 sq. ft.
(min)
5,000 sq.
ft. (min)
10,000 sq.
ft. (min)
10,000 sq.
ft.

Maximum floor-area ratio 0.30 .50 2 .30 .30
Distance between buildings 20 feet 20 feet 0 20 feet 20 feet Maximum building height 35 feet 35 feet 35 feet 50 feet 50 feet Front setbacks 25 feet 10 feet 0 feet 10 feet 10 feet
Rear setbacks 0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet adjacent
to a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
Side setback 0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet adjacent
to a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 10 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
0 feet
(except 10
feet
adjacent to
a street
and 20 feet
adjacent to
residential)
Item Number: 4.

11 Residential Density - - 30 du/ac - -
(Ord. 716 9-1-20; prior code § 159.06.030(1))

17.12.040 Land use district specific standards.

In addition to the general development requirements contained in Chapter 17.40 (Property Development Standards), the following standards shall apply to specific commercial land use districts.

17.12.050 Applicable regulations.

All uses shall be subject to the applicable regulations of this Zoning Ordinance, including, but not limited to Chapters 17.64 through 17.140, Administration Provisions. (Prior code § 159.06.050)

17.12.060 Commercial development design guidelines.

A. General.

1. The following design guidelines in Sections 17.12.050 through 17.12.180 are intended as a reference framework to assist the designer in understanding the City’s goals and objectives for high quality development within the commercial land use districts. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of appropriate design solutions and by providing design interpretations of the various mandatory regulations.

2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City’s design review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

3. Unless there is a compelling reason, these design guidelines shall be followed.

B. Applicability. The provisions of this section shall apply to all commercial development within the City, except when the subject property is under the regulation of an approved specific plan, which is subject to the guidelines contained in Chapter 17.128. Any addition, remodeling, relocation, or construction requiring a building permit within any commercial land use district subject to review by the Development Review Committee shall adhere to these guidelines where applicable. (Prior code §159.06.060(1) and (2))

17.12.070 General design principles.

A. Desirable Elements of Project Design. The qualities and design elements for commercial structures that are most desirable include:

1. Richness of surface and texture;
Item Number: 4.

12 2. Significant wall articulation (insets, canopies, wing walls, trellises);

3. Multi planed, pitched roofs;

4. Roof overhangs, arcades;

5. Regular or traditional window rhythm;

6. Articulated mass and bulk;

7. Significant landscape and hardscape elements;

8. Prominent access driveways;

9. Landscaped and screened parking;

10. Comprehensive sign program.

B. Undesirable Elements. The elements to avoid or minimize include:

1. Large blank, unarticulated stucco wall surfaces;

2. Unpainted concrete precision block walls;

3. Highly reflective surfaces;

4. Metal siding on the main façade;

5. Plastic siding;

6. Square “boxlike” structures;

7. Mix of unrelated styles (i.e. rustic wood shingles and polished chrome);

8. Large, out of scale signs with flashy colors;

9. Visible outdoor storage, loading, and equipment areas;

10. Disjointed parking areas and confusing circulation patterns. (Prior code § 159.06.060(3))

17.12.080 Site Planning
Placement of structures shall consider the existing built context of the commercial area, the location of incompatible land uses, the location of major traffic generators, and consideration of specific site characteristics and surrounding influences.

A. Structures shall be sited in a manner that respects the orientation, privacy and access of adjacent structures.

B. New structures shall be clustered unless site conditions prevent clustering, as determined by the responsible review authority. The purpose is to create plazas or pedestrian malls and prevent long “barracks like” rows of structures. When clustering is impractical, a visual link between separate structures shall be established. This link can be accomplished through the use of an arcade system, trellis, or other open structure.

C. Structures and on-site circulation systems shall be placed and integrated to avoid pedestrian/vehicle conflicts. Textured paving, landscaping, and trellises shall be provided to physically and visually connect structures to the public sidewalk.

D. The importance of spaces between structures as “outdoor rooms” on the site shall be emphasized Item Number: 4.

13 through use of clear, recognizable shapes that reflect careful planning and are not simply left-over areas between structures. Such spaces shall provide pedestrian amenities such as shade, benches, fountains, etc.

E. Freestanding, singular commercial structures shall be oriented with their major entry toward the street where access is provided, as well as having their major façade parallel to the street.

F. Loading facilities shall be located at the rear or side of structures and not visible from a public right-of-way.

G. Open space areas shall be clustered into larger, predominant landscape areas rather than be equally distributed into areas of low impact such as at building peripheries, behind a structure, or areas of little impact to the public view, where they are not required as land use buffer or as a required yard setback.

H. Downtown Commercial Site Planning Standards. Development within a Downtown Commercial (CD) district shall be designed to:

1. Provide direct pedestrian linkages to adjacent public sidewalks and trails.

2. Create enhanced pedestrian connections throughout the project between commercial buildings and parking areas.

3. Provide enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.

4. Incorporate architectural design elements and materials that relate to a pedestrian scale.

5. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.

6. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian-scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

7. Provide a transition to adjacent lower-density residential uses by reducing building height and increasing building setbacks adjacent to the residential uses. (Ord. 712 6-2-20; prior code § 159.06.060(4))

17.12.090 Parking and circulation.

Parking lot design can be a critical factor in the success or failure of a commercial use. In considering the possibilities for developing a new parking area, a developer should analyze the following factors:
ingress and egress with consideration to possible conflicts with street traffic; pedestrian and vehicular conflicts; on-site circulation and service vehicle zones; solar orientation, and the overall configuration Item Number: 4.

14 and appearance of the parking area.

A. Separate vehicular and pedestrian circulation systems should be provided. Pedestrian linkages between uses in commercial developments should be emphasized, including distinct pedestrian access from parking areas in large commercial developments, such as shopping centers.

B. Parking aisles should be separated from vehicle circulation routes whenever possible.

C. Common driveways which provide vehicular access to more than one (1) site are encouraged.

D. Parking areas shall be landscaped, receiving interior as well as perimeter treatment in accordance with the requirements of this Zoning Ordinance.

E. Parking areas should be separated from structures by either a raised concrete walkway or landscaped strip, preferably both. Situations where parking spaces directly abut the structures should be avoided.

F. Shared parking between adjacent businesses and/or developments is highly encouraged whenever practical.

G. Where parking areas are connected, interior circulation should allow for a similar direction of travel and parking bays in all areas to reduce conflict at points of connection.

H. Whenever possible, locate site entries on side streets in order to minimize pedestrian/vehicular conflicts. When this is not possible, design the front site entry with appropriately patterned concrete or pavers to differentiate it from the sidewalks.

I. Parking access points, whether located on front or side streets should be located as far as possible from street intersections so that adequate stacking room is provided. The number of access points should be limited to the minimum amount necessary to provide adequate circulation.

Item Number: 4.

15 J. Design parking areas to that pedestrians walk parallel to moving cars. Minimize the need for the pedestrian to cross parking aisles and landscape areas.

K. Parking areas and pedestrian walkways should be visible form structures to the greatest degree possible.

L. The parking area should be designed in a manner which links the structures to the street sidewalk system as an extension of the pedestrian environment. This can be accomplished by using design features such as walkways with enhanced paving, trellis structures, or a special landscaping treatment.

M. Parking areas which accommodate a significant number of vehicles should be divided into a series of connected smaller lots. Landscaping and offsetting portions of the lot are effective in reducing the visual impact of large parking areas.

Item Number: 4.

16 N. The first parking stall which is perpendicular to a driveway or first aisle juncture, should be at least 10 feet back from the curb. With larger centers, significantly more setback area may be required.

O. Utilize a 36-inch-high opaque wall or landscaping to screen any parking at the street periphery.

A combination of walls, berms, and landscape material is highly recommended. Where practical, lowering the grade of the parking lot from existing street elevations may aid in obscuring views of automobiles while promoting views of architectural elements of the structures beyond.

P. Bicycle parking shall be provided per the California Building Code but shall include a minimum of one bicycle rack to secure bicycles.

Item Number: 4.

17 (Prior code § 159.06.060(5))

17.12.100 Landscaping.

A. Landscaping for commercial uses should be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for loading and equipment areas.

B. Landscaping should be in scale with adjacent structures and be of appropriate size at maturity to accomplish its intended purpose.

C. Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the structure. This should be accented at entrances to provide focus.

D. Trees should be located throughout the parking lot and not simply at the ends of parking aisles.

In order to be considered within the parking lot, trees should be located in planters that are bounded on at least three (3) sides by parking area paving.

E. Landscaping should be protected from vehicular and pedestrian encroachment by raised planting surfaces, raised walks, or the use of curbs. Concrete mow stripes separating turf and shrub areas are required per the development regulations.

Item Number: 4.

18 F. Vines and climbing plants integrated upon buildings, trellises, and perimeter garden walls are strongly encouraged.

G. Use boxed and tubbed plants in clay or wood containers, especially for enhancement of sidewalk shops, plazas, and courtyards.

H. At maturity, trees should be able to be trimmed 10 feet above ground and shrubs should be maintained at a height of approximately three (3) feet to provide adequate visibility. (Prior code § 159.06.060(6))

17.12.110 Walls and fences.

A. If not required for a specific screening or security purpose, walls should not be utilized within commercial areas. The intent is to keep the walls as low as possible while performing their screening and security functions.

B. Where walls are used at property frontages, or screen walls are used to conceal storage and equipment areas, they should be designed to blend with the site’s architecture. Both sides of all perimeter walls or fences should be architecturally treated. Landscaping should be used in combination with such walls whenever possible.

C. When security fencing is required, it should be a combination of solid walls with pillars and decorative view ports or short solid wall segments and wrought iron/tubular steel grill work.

Item Number: 4.

19 D. Long expanses of fence or wall surfaces should be offset and architecturally designed to prevent monotony. Landscape pockets should be provided.
(Prior code § 159.06.060(7))

17.12.120 Screening.

A. Screening for outdoor storage should be a minimum of six (6) feet and a maximum of 10 feet high. The height should be determined by the height of the material or equipment being screened.

Exterior storage should be confined to portions of the site least visible to public view.

B. Where screening is required, a combination of elements should be used including solid masonry walls, berms, and landscaping.

C. Any outdoor equipment, whether on a roof, side of a structure, or on the ground, shall be appropriately screened from view. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size. Where individual equipment is provided, a continuous screen is desirable. (Prior code § 159.06.060(8))
Item Number: 4.

20 17.12.130 Architectural design guidelines.

A. Heights of structures should relate to adjacent open spaces to allow maximum sunlight and ventilation, protection from prevailing winds, enhance public views of surrounding mountains and minimize obstruction of view from adjoining structures.

B. Height and scale of new development should be compatible with that of surrounding development.

New development height should “transition” from the height of adjacent development to the maximum height of the proposed structure.

C. Large buildings which give the appearance of “box-like” structures are generally unattractive and detract from the overall scale of most buildings. There are several ways to reduce the appearance of large scale, bulky structures.

1. Vary the planes of the exterior walls in depth and/or direction. Wall planes should not run in 1 continuous direction for more than 50 feet without an offset.

2. Vary the height of the buildings so that it appears to be divided into distinct massing elements.

3. Articulate the different parts of a building’s facade by use of color, arrangement of facade elements, or a change in materials.

4. Use landscaping and architectural detailing at the ground level to lessen the impact of an otherwise bulky building.

5. Avoid blank walls at the ground floor levels. Utilize windows, trellises, wall articulation, arcades, change in materials, or other features.

6. All structure elevations should be architecturally treated.

Item Number: 4.

21 D. Scale, for purposes here, is the relationship between the size of the new structure and the size of adjoining permanent structures. It is also how the proposed building’s size relates to the size of a human being (human scale). Large scale building elements will appear imposing if they are situated in a visual environment which is predominantly smaller in scale.

1. Building scale can be reduced through the proper use of window patterns, structural bays, roof overhangs, siding, awnings, moldings, fixtures, and other details.

2. The scale of buildings should be carefully related to adjacent pedestrian areas (i.e., plazas, courtyards) and other structures.

3. Large dominating structures should be broken up by:
a. Creating horizontal emphasis through the use of trim; b. Adding awnings, eaves, windows, or other architectural ornamentation; c. Use of combinations of complementary colors;
d. Landscape materials.

E. The use of standardized “corporate” architectural styles associated with chain-type restaurants is strongly discouraged.

F. Much of the existing color in the City is derived from the primary building’s finish materials such Item Number: 4.

22 as brick, wood, stucco, and terra cotta tile. Also dominant are earth tones that match these natural materials.

1. Large areas of intense white color should be avoided. While subdued colors usually work best as a dominant overall color, a bright trim color can be appropriate.

2. The color palette chosen for new structures should be compatible with the colors of adjacent structures. An exception is where the colors of adjacent structures strongly diverge from these design guidelines.

3. Whenever possible, minimize the number of colors appearing on the structure’s exterior. Small commercial structures should use no more than three (3) colors.

4. Primary colors should only be used to accent elements, such as door and window frames and architectural details.

5. Architectural detailing should be painted to complement the facade and tie in with adjacent structures.
(Prior code § 159.06.060(9))

17.12.140 Roofs.

A. The roofline at the top of the structure should not run in continuous plane for more than 50 feet without offsetting or jogging the roof plane.

B. All roof-top equipment shall be screened from public view by screening materials of the same nature as the structure’s basic materials. Mechanical equipment should be located below the highest vertical element of the building or parapet.

C. The following roof materials should not be used:

1. Corrugated metal (standing rib metal roofs are permitted);

2. Highly reflective surfaces (copper roofs may be considered); Item Number: 4.

23 3. Illuminated roofing. (Prior code § 159.06.060(10))

17.12.150 Awnings.

A. The use of awnings along a row of contiguous structures should be restricted to awnings of the same form and location. Color of the awnings should be consistent, and a minimum of eight (8)- foot vertical clearance should be maintained.

B. Signs on awnings should be printed on and be limited to the awning’s flap (valance) or to the end panels of angled, curved or box awnings.

C. Plexiglas, metal, and glossy vinyl illuminated awnings are strongly discouraged. Canvas, treated canvas, matte finish vinyl, and fabric awnings are encouraged.

D. Internally lit awnings should not be used. (Prior code § 159.06.060(11))

17.12.160 Signs.

A. Every structure and commercial complex should be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with the building, and sign readability should be considered in developing the signing concept. All signing should be highly compatible with the building and site design relative to color, material, and placement.

B. Monument-type and wall signs are the preferred alternative for business identification whenever possible. Where several tenants occupy the same site, individual wall mounted sign are appropriate in combination with a monuments sign identifying the development and address.

C. The use of backlit individually cut letter signs (channel letter sign) is strongly encouraged.

D. Each development site should be appropriately signed to give directions to loading and receiving areas, visitor parking and other special areas.

Item Number: 4.

24 (Prior code § 159.06.060(12))

17.12.170 Lighting.

A. Lighting should be used to provide illumination for the security and safety of on-site areas such as parking, loading, shipping, and receiving, pathways, and working areas.

B. The design of light fixtures and their structural support should be architecturally compatible with the main structures on-site. Illuminators should be integrated within the architectural design of the structures.

C. As a security device, lighting should be adequate but not overly bright. All building entrances should be well lighted.

D. All lighting fixtures must be shielded to confine light spread within the site boundaries.

Item Number: 4.

25 (Prior code § 159.06.060(13))

17.12.180 Bonus height.

Proposed structures shall not exceed the maximum height limit of the district. This section provides a special incentive to increase the maximum allowable height limit through a program which encourages such additional amenities as deemed desirable by the Planning Commission. These amenities may include, but are not limited to the following:

A. Mixed use developments (i.e., residential above commercial office and retail uses, restaurants, theaters, etc.);
B. Enhanced pedestrian activities;
C. Improved signage and additional landscaping;
D. Additional parking;
E. Ground level and second floor plazas;
F. Outdoor cafes;
G. Artistic sculptures and aquatic amenities; and
Item Number: 4.

26 H. Day care centers. (Prior code § 159.06.030(2)(C))

17.12.190 Alcohol beverage control “ABC” license.

A business or establishment requiring issuance of an “ABC” license is subject to a Conditional Use Permit, and shall comply with the following standard(s), in addition to conditions imposed by the Commission:

A. Establishments subject to an off-site “ABC” license shall not be located within 500 feet, or as allowed by State law whichever is more restrictive, of any religious institution, school, or public park within the City. The license application shall be reviewed by the Police Department prior to City approval.

B. Sit down restaurants whose predominant function is the service of food where the on-site sale of alcoholic beverages is incidental or secondary are exempt from the requirement for a Conditional Use Permit; an incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.) (Prior code § 159.06.030(2)(A))

17.12.200 Automobiles sales.

Automobile sales dealerships, new and/or used, in the City must conform to the intent of this Zoning Ordinance and shall enhance and promote the image of the City. A Conditional Use Permit shall be required, and all dealerships must be constructed in the following manner:

A. The minimum site area shall be 15,000 square feet, except where a larger minimum area is required.

B. All parts, accessories, etc., shall be stored within a fully enclosed building.

C. Service and associated car storage areas shall be screened from public view.

D. All on-site lighting shall be stationaryand directed away from and sensitive to adjoining properties and public rights-of-way.

E. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.56 (Landscaping Standards).

Item Number: 4.

27 F. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Regulations) G. All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys.

H. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

I. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

J. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of- way.

K. All on-site parking shall comply with provisions of Chapter 17.48 (Off-Street Parking Standards).

A parking plan shall be developed as part of the permit review process.

L. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with applicable City standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

Recycling facilities and programs shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects. (Prior code § 159.06.030(2)(B))

17.12.210 Convenience stores.

The retail sale of groceries, staples, sundry items and/or alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to Development Permit review, and shall be constructed and operated in the following manner:

A. The minimum site area shall be 10,000 square feet.

B. The site shall have direct frontage along a major or secondary street. The site shall not have primary access on a local residential street.

C. One (1) access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the City Engineer and the Planning Commission.

Item Number: 4.

28 D. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.

E. All on-site signage shall comply with the provisions of Chapter 17.44 (Sign Regulations).

F. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 17.56 (Landscaping Standards).

G. All on-site parking shall comply with the provisions of Chapter 17.48 (Off-Street Parking Standards). A parking plan shall be part of the permit review process.

H. The premises shall be kept in a neat and orderly condition at all times.

I. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted City standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

Recycling facilities and programs shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects.

J. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 17.12.170 (Service stations standards).

Additionally, the cashier location shall be provided with direct visual access to the pump islands and the vehicles parked adjacent to the islands.

K. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

L. Each convenience store shall provide a public restroom located within the store.

M. On-site video games may not be installed or operated on the premises.

N. A convenience store adjacent to any residentially designated district shall have a six (6)-foothigh decorative masonry wall along property lines adjacent to such districts.

O. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete. (Ord. 711 5-19-20; prior code § 159.06.030(2)(D))

17.12.220 Day care centers.

Item Number: 4.

29 Refer to Section 17.08.060. (Prior code § 159.06.030(2)(E))

17.12.230 Drive-through restaurants.

This section contains standards for drive-through restaurants as well as prohibition of same in specified land use districts. Drive-through restaurants are subject to Development Permit review.

A. Establishments providing drive-through facilities may be permitted in the C-N, C-H, C-G, and C-BP zoning districts.

B. Pedestrian walkways should not intersect the drive-through aisles if avoidable, but where they do, they shall have clear visibility, and they must be emphasized by delineated paving or striping.

C. Drive-through aisles shall have a minimum 12-foot width on curves and a minimum 11-foot width on straight sections.

D. Drive-through aisles shall provide sufficient stacking area behind menu boards to accommodate a minimum of four (4) cars.

E. All service areas, restrooms and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

F. Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of menu board signs and directional signs.

G. Drive-through aisles shall be constructed with (PCC) concrete.

H. The drive-through aisle and structure shall be set back from the ultimate curbface a minimum of 25 feet.

I. Menu boards shall be a maximum of 30 square feet, with a maximum height of seven (7) feet and shall face away from the street.

J. Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc.

Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances shall be well Item Number: 4.

30 articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza.

K. No drive-through aisles shall exit directly onto a public right-of-way. (Prior code § 159.06.030(2)(F))

17.12.240 Indoor retail concession malls.

Indoor retail concession malls are subject to a Conditional Use Permit and shall comply with the following standards:

A. Additional refuse containers may be required.

B. A centralized loading area is required.

C. A parking study may be required which addresses available off-street parking for establishments which are proposed for tenant suites within existing multi-tenant, commercial centers.

D. Indoor retail concession malls shall be considered to be one (1) tenant for purposes of Zoning Ordinance sign standards. (Prior code § 159.06.030(2)(G))

17.12.250 Outdoor dining.

Outdoor dining shall require be a development permitted use (Development Permit required) in all zoning districts in which restaurant uses are permitted or conditionally permitted within the City. In addition to meeting all standards necessary for the approval of a Development Permit, such use shall further comply with all of the following standards and conditions:

A. Parking shall be provided pursuant to the off-street parking standards set forth in Chapter 17.48 of this code unless off-street is exempt within the zoning district.

B. No area used for open air dining shall be located in the public right-of-way except as provided in this section.

C. Any lighting in outdoor dining areas shall comply with all applicable City ordinances regulating outdoor lighting and shall be of a design that is directed away from and avoids disruptions to nearby properties and uses. Flame lighting such as Tiki torches shall only be permitted if encased in a design that eliminates fire safety hazards in a manner satisfactory to the City’s Fire Department.

Item Number: 4.

31 D. Reviewing Authority.

1. Unless otherwise specified herein, the reviewing authority for a Development Permit for outdoor dining shall be the Director of Community Development. If, in the opinion of the Director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the request consistent with Chapter 17.104.

2. Notwithstanding the provisions of subsection (D)(1) of this section, if the application for a Development Permit for outdoor dining accompanies an application for any other type of discretionary approval from the Planning Commission or City Council for the same site area, the Planning Commission or City Council, as appropriate, shall be the reviewing authority for the application for a Development Permit for outdoor dining and shall conduct a noticed public hearing regarding the request.

E. Outdoor Dining in the Public Rights-of-Way. No outdoor dining use shall be established in the public right-of-way without further complying with the following conditions:

1. A minimum distance of not less than a five (5)-foot-wide wheelchair accessible path of travel pedestrian aisle shall be maintained on the public right-of-way at all times: to assure the required pedestrian travel aisle, all outdoor dining areas shall be set back a minimum of five (5) feet from the edge of the curb and any fixed sidewalk obstruction including, without limitation, curblines, tree wells, street trees, parking meters, water hydrants, light poles, utility equipment boxes, newspaper racks and bus benches.

2. Umbrellas located in the outdoor dining area shall have a minimum seven (7)-foot clearance from the ground to the lowest element of the umbrella and shall be located completely within the outdoor dining area’s permitted boundaries.

3. Portable heaters shall be located a minimum of three (3) feet from any combustible material and shall be located completely within the outdoor dining area’s permitted boundaries.

4. Unless a permanent structure is approved pursuant to the Development Permit, all fixtures and furniture used in an outdoor dining area shall be removed from the public right-of-way and stored out of public view during non-business hours. At the discretion of the reviewing authority, outdoor dining areas with more than eight (8) chairs that present increased safety risks due to their configuration may be required to provide a permanent barrier delineating the usable open air dining area from the public right-of-way.

5. The outdoor dining area must be immediately adjacent to and abutting the associated restaurant space. Areas used for outdoor dining shall not extend beyond the building frontage for the associated restaurant space.

6. The material and design of the furniture (including umbrellas) and barrier, if any, shall be reviewed and approved by the reviewing authority prior to installation. The reviewing authority Item Number: 4.

32 shall consider whether the design of the furniture and barrier are integrated and compatible in terms of color, shape and size with the adjacent restaurant and shall further ensure that all outdoor furniture and other permitted structures are of a size, shape and weight that can resist being moved in severe wind conditions.

7. An encroachment permit allowing establishment of an outdoor dining area shall be issued by the Public Works Department in a form satisfactory to the City Engineer. Such permit shall be conditioned in a manner acceptable to the City Engineer to protect the health, safety and welfare of the City and its citizens, and shall include, without limitation, reasonable insurance requirements and indemnification provisions acceptable to the City Engineer to protect persons and the City from injury and risks associated with the outdoor dining use.

8. Areas used for outdoor dining in the public right-of-way shall comply with all applicable provisions of the City’s building codes, including, but not limited to, maintaining proper building egress and ingress at all times, observing maximum seating capacities, providing proper circulation, and providing appropriate handicap access.

9. An annual rental fee payable to the City shall be imposed on the use or operation of outdoor dining areas located in the public right-of-way. The rental fee schedule shall be set by resolution of the City Council. In the event that a permit is suspended pursuant to this section, rental fees shall not be required to be paid during the period of suspension.

10. Areas used for outdoor dining in the public right-of-way shall at all times be maintained in a neat and orderly manner free from any visible signs of disrepair.

11. Music, whether live or prerecorded, and any other form of live or prerecorded entertainment, shall not be broadcast or performed within outdoor dining areas occupying the public right-ofway. Electronic sound amplification equipment (e.g., speakers, microphones, amplifiers, sound receivers) is prohibited within outdoor dining areas occupying the public right-of-way.

12. Alcohol served in outdoor dining areas in the public right-of-way shall only be served in its original container or in nondisposable drinkware. A permittee serving alcohol within a sidewalk dining area shall place a notation on the menus provided to patrons that states in bold lettering of a size that is no smaller than 1/4 of an inch in height:
“People consuming alcohol on the public sidewalk or other public place outside of this outdoor dining area are subject to arrest. DHSMC Section 9.08.040.” Any outdoor dining area located in the public right-of-way that intends to serve alcohol shall be required to have a barrier satisfactory to the reviewing body cordoning off the entire outdoor dining area from the public sidewalk or other public areas.

13. All outdoor dining areas located in the public right-of-way shall remain free of litter at all times.

14. There shall be no modification of the texture of the surface of the public right-of-way to accommodate the outdoor dining facilities.

15. Outdoor dining areas located in the public right-of-way shall not interfere with visibility, vehicular or pedestrian mobility.

Item Number: 4.

33 16. Use, occupation, and obstruction of the public right-of-way for outdoor dining purposes is a revocable privilege. As such, a Development Permit may be suspended or revoked according to procedures of this chapter when, in the discretion of the Director of Community Development, the Police Chief, the Fire Chief, the City Engineer, the Public Works Director, or the City Manager, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, public utility installations, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City.

F. In addition to any other noticing requirements provided in this Zoning Ordinance, the following noticing requirements shall apply to Development Permit applications for outdoor dining uses:

1. A notice of intended decision regarding an application for an outdoor dining permit shall be mailed at least 10 days prior to any decision rendered by the Director of Community Development to all property owners and residential occupants within 300 feet of the exterior boundaries of a project site.

G. All outdoor dining areas shall comply with the City’s noise ordinances, including, without limitation, Section 17.40.180 (Noise) of this code.

H. In approving a Development Permit for outdoor dining, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety, and general welfare, and to ensure that the proposed outdoor dining use is established and conducted in a manner that is consistent with this section and the development standards for the underlying commercial zone.

The conditions imposed by the reviewing authority may include, but shall not be limited to:

1. The appropriate setback for the proposed outdoor dining use;

2. Pedestrian access and safety;

3. Barrier requirements surrounding the proposed outdoor dining use;

4. The time limit on the permit;

5. Restrictions governing the hours of operation of the proposed outdoor dining use may operate;

6. Design restrictions to ensure neighboring properties and uses are not negatively impacted by noise, light or other attributes of the outdoor dining use.

I. Revocation or suspension of a Development Permit for outdoor dining shall occur pursuant to the standards and procedures set forth in applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code.

J. Any violation of subsection A, B, C, D, E, or G of this section shall constitute a public nuisance and an infraction, subject to all remedies available by law. (Ord. 695 10-15-19; prior code § 159.06.030(2)(G-1))
Item Number: 4.

34 17.12.260 Outdoor sales and display
The intent of this Section is to provide for the appropriate location and design of outdoor sales and display areas and to mitigate any adverse impacts that such uses may have on adjacent properties and rights-of-way.

A. Accessory Outdoor Sales and Display Permitted. Outdoor sales and display shall be permitted as an accessory use only in commercial and industrial land use districts, subject to the following requirements:

1. Outdoor sales and display shall only be accessory to a principal nonresidential use where such use conducts its activities within a completely enclosed building or group of buildings on the same property, shall be conducted by employees of the principal use, and shall be owned by the owner of the principal use and not a consignment operation or arrangement.

2. Outdoor sales and display shall only be permitted in an area not greater than 500 square feet or 10 percent of the gross floor area of the ground floor of the building, whichever is less.

3. No outdoor sales and display shall be allowed in areas set aside, required or designated for driving aisles, driveways, maneuvering areas, emergency access ways, off-street parking or unloading/loading.

4. No outdoor sales, storage or display areas shall be located in the clear sight triangle as defined by this Code, or located in any manner that would restrict or limit adequate sight distances for interior or exterior vehicular movements.

5. Outdoor sales and display items shall be located at least 50 feet away from any residentially zoned property and display shall be completely screened from view from any abutting residentially zoned property.

6. No material or display items shall be located within three (3) feet of any building entry.

7. Items may be located on sidewalks in the public right-of-way only if a continuous path with a minimum five (5) foot width is maintained along the property. Outdoor sales and display items shall be permitted on privately owned walks or other areas intended for pedestrian movement provided an unobstructed, continuous path with a minimum five (5)-foot width is maintained.

8. Items shall be located on a permanent durable surface.

9. All items shall be safely displayed against displacement by the wind.

10. Stacked items shall not exceed six (6) feet in height.

11. All items shall be brought indoors at the end of each business day. No overnight sales and display are permitted.

12. Vending machines and accessory outdoor sales and display may be permitted outside of the building and within a required setback when located against and parallel to the building facade, extending up to four (4) feet in depth from the building in a manner that does not impede pedestrian and ADA access. These items shall count toward the total outdoor sales and display area permitted Item Number: 4.

35 by this Section.

17.12.270 Mini-malls (strip malls).

Mini-malls (small scale, up to 30,000 square feet, multi-tenant shopping centers) are subject to a Development Permit and shall comply with the following standards.

A. All development and operational standards outlined in Section 17.12.080 (Convenience Stores), except for items in subsections D and Q, shall apply.

B. The development shall provide internal continuity, uniformity, and compatibility relating to architectural design, vehicular and pedestrian access, and on-site provisions for landscaping, loading, parking and signage.

C. To the extent feasible, the on-site vehicular circulation system shall provide continuity with adjacent and similar commercial developments.

D. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted City standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three (3) sides by a solid wall six (6) feet in height and on the fourth side by a solid gate not less than five (5) feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures.

Recycling facilities and programs shall be incorporated into refuse storage/disposal areas for all new development projects and all new construction in existing projects. (Prior code § 159.06.030(2)(H))

17.12.280 Multifamily housing.

Refer to Section 17.08.140. (Prior code § 159.06.030(2)(I))

17.12.290 Household recycling facilities for reusable domestic containers.

A. Household recycling facilities are subject to permit review in all commercial and industrial land use districts according to the following schedule:

Type of Facility Districts Permitted Permit Required
Reverse vending machine(s)
and machine(s) vending
All commercial and all industrial Development Permit up to 5 reverse vending machines
Small collection C-G, C-N, C-D Development Permit
Item Number: 4.

36 Large collection C-N, C-D and all industrial Conditional Use Permit Light processing All industrial Conditional Use Permit
Heavy processing All industrial Conditional Use Permit
B. For the purposes of this section, the following definitions shall apply:
“Collection facility” means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public, which may include the following:

1. Reverse vending machine(s).

2. Small collection facilities which occupy an area of less than 500 square feet and may include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
c. Kiosk-type units which may include permanent structures.

3. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
“Convenience zones” means an area within a 1/2 mile radius of a supermarket. “Mobile recycling unit” means an automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
“Processing facility” means a building or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment or to an end user’s specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility. “Recycling facility” means a center for the collection and/or processing of recyclable materials.

A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on Item Number: 4.

37 a residential, commercial or manufacturing designated parcel used solely for the recycling of material generated on the parcel. “Recycling or recyclable material” means reusable domestic containers, including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials. “Reverse vending machine” means an automated mechanical device which accepts at least one (1) or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than 1 container at a time and will pay by weight instead of by container.
“Supermarket” means a full-service, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of grocery, canned goods, or non-food items and some perishable items.

C. The standards for recycling facilities are as follows:

1. Reverse vending machine(s) located within a commercial structure shall require a Development Permit, shall not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial land use districts subject to compliance with the following standards:
a. Shall be installed as an accessory use to a commercial use which is in full compliance with all applicable provisions of this Zoning Ordinance and the municipal code; b. Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
c. Shall not occupy parking spaces required by the primary use; d. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height; e. Shall be constructed and maintained with durable waterproof and rustproof material; f. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
g. Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of Item Number: 4.

38 operating instructions;
h. Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis; i. Shall have operating hours consistent with the operating hours of the primary use; j. Shall be illuminated to insure comfortable and safe operation if operating hours are between dusk and dawn; and
k. Shall maintain an adequate on-site refuse container for disposal of nonhazardous waste.

2. Small collection facilities located within applicable commercial and industrial land use districts shall be subject to a Development Permit, and comply with the following standards:
a. Shall be installed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this Zoning Ordinance and the municipal code;
b. Shall be no larger than 500 square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
c. Shall be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
d. Shall accept only glass, metals, plastic containers, papers and reusable items; e. Shall use no power-driven processing equipment except for reverse vending machines; f. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
g. Shall store all recyclable material in the mobile unit vehicle and shall not leave materials outside of the unit when attendant is not present;
h. Shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials, including mobile facilities;
i. Shall not exceed noise levels of 65 dBA as measured at the property line of adjacent residential land use districts;
j. Attended facilities shall not be located within 100 feet of any residential land use district;
k. Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and to harmonize with the surrounding uses and neighborhood; l. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure of containers; m. Signs may be provided as follows:
i. Recycling facilities may have identification signs with a maximum of 15% per side of a structure or 16 square feet, whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container, ii. Signs shall be consistent with the character of their location, and Item Number: 4.