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Agenda

Desert Hot Springs City Council
May 6, 2025

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Agenda
Meeting
May 6, 2025
Body
Desert Hot Springs City Council
Pages
693
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City of Desert Hot Springs General Plan EIR Addendum/15168 Checklist Crossings at Camino Campanero
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Operation of the proposed project would consume an estimated 827,801 kilowatt-hour (kWh) of electricity on an annual basis. The proposed project’s building would be designed and constructed in accordance with the City’s latest adopted energy e+iciency standards, which are based on the State’s Building Energy E+iciency Standards. These are widely regarded as the most advanced building energy e+iciency standards and compliance would ensure that building energy consumption would not be wasteful, ine+icient, or unnecessary.

Project-related vehicle trips would consume an estimated 40,890 gallons of gasoline and diesel annually and would involve activities and travel routes typical of a residential project. Thus, transportation fuel consumption would not be wasteful, ine+icient, or unnecessary. Compared to the GPU, the project would produce fewer vehicle trips than anticipated because its density is less than originally modeled. Therefore, impacts would be less than significant.

The proposed project would comply with applicable 2020 EIR and State policies related to energy resources, including the Title 24 standards in e+ect at the time building permits are submitted to the City. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to wasteful, ine+icient, or unnecessary consumption of energy resources, during project construction or operation or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. b) The 2020 EIR determined that implementation of the General Plan would not conflict with nor obstruct a State or local plan adopted for the purposes of increasing renewable energy or energy e+iciency due to implementation of Title 24 building code standards and compliance with the City’s Multimodal Mobility Plan, which would reduce VMT. Therefore, the 2020 EIR concluded that impacts would be less than significant.

The proposed project would be served with electricity provided by SCE. In 2022, SCE obtained 33.2 percent of its electricity from renewable energy sources. SCE also o+ers a Green Rate 50 percent option that sources 66.7 percent of its power mix from eligible renewable energy sources, and a Green Rate 100 percent option that sources 100 percent of its power mix from eligible renewable energy sources.14 The utility would be required to meet the future objective of 60 percent of electricity from renewable energy sources by 2030. Consistent with the 2020 EIR’s analysis, the proposed a+ordable housing project would be designed in accordance with Title 24, California’s Energy E+iciency Standards for Residential Buildings. These standards include minimum energy e+iciency requirements related to building envelope, mechanical systems (e.g., heating, ventilation, and air conditioning [HVAC] and water heating systems), and indoor and outdoor lighting. The incorporation of the Title 24 standards into the design of the proposed project would ensure that the proposed project would not result in the use of energy in a wasteful manner.

The proposed project would comply with existing State energy standards and with energy conservation policies contained in the General Plan. As such, the proposed project would not conflict with State or local renewable or energy e+iciency objectives. Impacts would be less than significant. 14 Southern California Edison, 2022 Power Content Label. Website: https://www.sce.com/sites/default/files/customfiles/PDF_Files/SCE_2022_Power_Content_Label_B%26W.pdf Item Number: 4.

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The proposed project would comply with applicable 2020 EIR and State policies related to energy resources. Therefore, the proposed project would not introduce environmental impacts anticipated to Conflict with or obstruct a State or local plan for renewable energy or energy e+iciency or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to energy beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion in
Desert Hot
Springs
General
Plan EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
VII. Geology, Seismicity, and Soils
Would the project:
a) Directly or indirectly cause potential substantial adverse eAects, including the risk of loss, injury, or death involving:
i) Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning
Map issued by the State
Geologist for the area or
based on other substantial
evidence of a known fault?
Refer to Division of Mines
and Geology Special
Publication 42.

Less than
significant
impact.

No No No None Yes
ii) Strong seismic ground
shaking?
Less than
significant
impact.

No No No None Yes
iii) Seismic-related ground
failure, including
liquefaction?
Less than
significant
impact.

No No No None Yes
iv) Landslides? Less than
significant
impact.

No No No None Yes
b) Result in substantial soil
erosion or the loss of
topsoil?
Less than
significant
impact.

No No No None Yes
c) Be located on a geologic
unit or soil that is unstable,
or that would become
unstable as a result of the
project, and potentially
result in on- or oA-site
landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Less than
significant
impact.

No No No None Yes
d) Be located on expansive
soil, as defined in Table 18-
1-B of the Uniform Building
Code (1994), creating
substantial direct or
indirect risks to life or
property?
Less than
significant
impact.

No No No None Yes
e) Have soils incapable of
adequately supporting the
use of septic tanks or
alternative wastewater
disposal systems where
sewers are not available
Less than
significant
impact.

No No No None Yes
Item Number: 4.

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for the disposal of
wastewater?
f) Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature?
Less than
significant
impact with
mitigation
incorporated.

No No No MM GEO1a Yes
Discussion
The analysis in this section is based, in part, on the Preliminary Geotechnical Investigation prepared by GEOCON West, Inc. on September 15, 2023 (Appendix E) and the Cultural Resources Assessment Camino Campanero Residential Project by Material Culture Consulting on January 2025 (Appendix D). a) i) Fault Rupture
Based on the 2020 EIR, there are several known faults and Alquist-Priolo Fault Zones within the City.

The 2020 EIR disclosed that these faults are located within existing developed areas that include residential, commercial, and other types of urban land uses. The 2020 EIR set forth several policies related to seismic hazards. One of these policies includes Policy SN-6.1: Alquist-Priolo Act, which would “Implement the Alquist-Priolo Act and Public Resources Code Section 2621 to prohibit new structures within earthquake fault zones.” This policy would substantially reduce the potential for structural damage due to fault rupture. Additionally, the GPU includes Policy SN-6.4: Fault Zones, which states “Accept the Riverside County designated fault zone for the Blind Canyon Fault (unless subsequent data indicate otherwise) and apply standard measures as would be required of any California Division of Mines and Geology designated fault zone.” Implementation of Policies SN-6.1 and SN-6.4 would ensure this impact would be less than significant.

Consistent with the information in the 2020 EIR and in compliance with General Plan Policy SN-6.3, Geotechnical Evaluation confirmed that the project site is not located within a State of California Earthquake Fault Zone. Based on review of the referenced literature, no active faults are known to cross the project site, and the site is located outside of the mapped Earthquake Fault Zone for the San Andreas Fault. Therefore, the probability of damage from surface fault rupture is considered to be low and impacts are less than significant.

The proposed project would comply with applicable 2020 EIR and State policies related to seismic structure design. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to fault rupture, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. ii) Strong seismic ground shaking
Based on the 2020 EIR, the Planning Area is within a seismically active region and future development would experience seismic shaking. Development within the City must adhere to the California Building Standards Code (CBC), which includes requirements to design structures in accordance with the appropriate ground shaking design parameters set forth in the code. The 2020 EIR includes policies and programs designed to minimize and reduce impacts associated with strong ground shaking. The Item Number: 4.

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2020 EIR concludes that impacts due to strong ground shaking will be less than significant with adherence to the CBC and consistency with the policies of the General Plan.

According to the Geotechnical Evaluation, considering the proximity of the proposed project site to active faults capable of producing a maximum moment magnitude of 6.0 or more, the project area has a high potential for experiencing strong ground motion consistent with the discussion and analysis in the 2020 EIR. However, adherence to the CBC, which includes requirements to design structures in accordance with the appropriate ground-shaking design parameters set forth in the code, would reduce impacts to less than significant.

The proposed project would comply with applicable 2020 EIR and State policies related to seismic structure design. Therefore, the proposed project would not result in potentially significant environmental impact due to strong seismic ground shaking, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. iii) Seismic-related ground failure, including liquefaction The 2020 EIR found that development within the City could have the potential to be located within areas of liquefaction. Therefore, Policy SN-6.3 requires geotechnical studies for development proposals in areas with soils susceptible to liquefaction or other forms of ground failure. If analysis of a specific site determines liquefaction conditions may be present, appropriate measures identified in the CBC, including specific provisions for seismic design of structures, would be required. With implementation of Policy SN-6.3 and CBC standards, impacts associated with liquefaction or other ground failure would be less than significant.

As mentioned above, there is potential for the site to experience seismic hazards due to the proximity of the site to active faults. However, the requirement of General Plan Policy SN-6.3 would reduce impacts through the implementation of safety measures and adequate site preparation and construction processes. The Geotechnical Evaluation confirmed that based on the Riverside County Information Technology public web data (RCIT, 2023), the site is located within an area mapped as having a “moderate” potential for liquefaction. In addition, based on the Riverside County Information Technology public web data, the site is located within an area mapped as having a “moderate” potential for liquefaction.

A liquefaction analysis was conducted for the soils at the project site using the 1996 NCEER method with updates by Youd et al. (2001). This analysis considered a static groundwater depth of over 50 feet, a magnitude 7.5 earthquake, and a site-specific peak ground acceleration (PGAM) of 0.998. The evaluation utilized a method that correlates Standard Penetration Test (SPT) resistance values, with SPT blow counts derived using an average conversion factor of 0.63 from California Modified Sampler values.

The analysis determined that liquefaction is not a concern at the project site due to the absence of shallow groundwater. Additionally, a review of potential seismic settlement in dry soils estimated that such settlement would be negligible, at approximately ¼ inch. Consequently, although the site soils may be the type of soils that would be susceptible to liquefaction, the location of groundwater below Item Number: 4.

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50 feet ground surface level (GSL) at the site makes it so that liquefaction and liquefaction-related seismic hazards are not design considerations for the project. Therefore, impacts are less than significant.

The proposed project would comply with applicable 2020 EIR policies (i.e., Policy SN-6.3) and CBC development standards related to seismic structure design. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to seismic-related ground failure, including liquefaction, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. iv) Landslides
The 2020 EIR determined landslide hazards could occur for development along the perimeter of the City on properties abutting surrounding hills and mountains. The implementation of Policy SN-6.3 requires geotechnical studies for development proposals located in areas susceptible to landslides.

Additionally, implementation of the CBC would ensure that appropriate design measures are incorporated where necessary. Implementation of these existing regulations and policies would reduce potential landslide impacts to a less than significant level.

As indicated in the General Plan EIR, landslide hazards are found along the perimeter of the City on properties that abut the surrounding hills and mountains. The project site is located in a flat area and not located near any hills or mountains. This precludes the possibility of landslides at the project site.

Therefore, there are no impacts relating to landslides.

The proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to landslides or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.
b) According to the 2020 EIR, wind-driven erosion can occur where there are flat, barren surfaces in areas that experience high winds. Short-term erosion eAects during the construction phase associated with the future development would be prevented through required implementation of a Fugitive Dust (PM10) Control Plan program, the Stormwater Pollution Prevention Plan (SWPPP), and the incorporation of Best Management Practices (BMPs) intended to reduce soil erosion. Soil erosion impacts would be less than significant with implementation of existing regulations.

According to the GP EIR, Desert Hot Springs, like the majority of the areas in the Coachella Valley, is subject to strong winds from the west due to the funneling eAect of the San Gorgonio Pass and from the east during Santa Ana Wind events. This can result in numerous impacts due to wind-driven soil erosion including abrasion and damage to buildings and motor vehicles, filling of drainageways and yards, and limitation of visibility. GPU Policy SN-6.7 encourages the continued implementation of control measures to prevent wind-driven and water-driven erosion from construction activities and vacant parcels.

According to the project specific geotechnical report, site soils are generally comprised of sand with little or no cohesion that are highly susceptible to caving in un-shored excavations. In addition, the Item Number: 4.

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soils are susceptible to rapid erosion during a wet-weather event. As identified in the 2020 EIR, construction activities increase the potential from wind-driven and water-driven erosion. The project would comply with a PM10 Control Plan and SWPPP, which include the incorporation of BMPs intended to reduce wind-driven and water-driven soil erosion during construction activities.

Post-construction site drainage is critical to reduce the potential for diAerential soil movement, erosion and subsurface seepage. Under no circumstances should water be allowed to pond adjacent to footings. The site should be graded and maintained such that surface drainage is directed away from structures in accordance with 2022 CBC 1804.4 and other applicable standards. Moreover, the site will include paved and landscaped areas, which reduce the potential for soil erosion by stabilizing the surfaces and soils, and onsite drainage consisting of an underground retention basin to control stormwater runoA during operation. Therefore, impacts resulting in substantial soil erosion are less than significant.

The proposed project would comply with 2020 EIR Policy SN-6.7 and applicable State policies related to erosion control. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to wind- or water-borne erosion, during project construction or operation or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.
c) Based on the 2020 EIR, the City found soils in some areas subject to land subsidence due to subsurface movement of earth materials and collapse if oversaturated. These forms of ground failure could potentially result in significant impacts to future development. The 2020 EIR set forth Policy SN6.3 to reduce the impacts to future development related to ground failure. Policy SN-6.3 require site specific geotechnical engineering and soils reports for future development would identify specific measures to address potential unstable soils. Implementation of Policy SN-6.3 within the 2020 EIR, as well as adherence to the CBC requirements, would reduce this potential impact.

As stated in the Geotechnical Investigation for this project, the site is not within a currently established State of California Alquist-Priolo Earthquake Fault Zone or a Riverside County Fault Hazard Zone for surface fault rupture hazards. No active or potentially active faults with the potential for surface fault rupture are known to pass directly beneath the site. However, lurching or cracking the ground surface as a result of nearby seismic events is possible. In addition, based on the Riverside County Information Technology public web data, the site is located within an area mapped as having a “moderate” potential for liquefaction.

A liquefaction analysis was conducted for the soils at the project site using the 1996 NCEER method with updates by Youd et al. (2001). This analysis considered a static groundwater depth of over 50 feet, a magnitude 7.5 earthquake, and a site-specific peak ground acceleration (PGAM) of 0.998. The evaluation utilized a method that correlates Standard Penetration Test (SPT) resistance values, with SPT blow counts derived using an average conversion factor of 0.63 from California Modified Sampler values.

The analysis determined that liquefaction is not a concern at the project site due to the absence of shallow groundwater. Moreover, lateral spreading is not anticipated at the site, due to the lack of Item Number: 4.

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shallow groundwater. Additionally, a review of potential seismic settlement in dry soils estimated that such settlement would be negligible, at approximately ¼ inch.

Therefore, impacts are less than significant.

The proposed project would comply with Policy SN-6.3 as outlined in the 2020 EIR, and the CBC design parameters for structures as it relates to ground failure. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to landslide, lateral spreading, subsidence, liquefaction or collapse, during project construction or operation or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.
d) According to the 2020 EIR, structural damage of buildings or utilities may occur if the potentially expansive and corrosive soils are not considered in the design and construction of development. GPU Policy SN-6.3 requires a geotechnical study for development in areas susceptible to ground failure.

Compliance with existing regulations and policies, including CBC requirements, would limit hazards related to expansive soil to less than significant.

The geologic units near the ground surface predominantly consist of poorly-graded and well-graded sand varying amount of silt, described as having a “very low” expansion potential. The site is located east of the San Jacinto Mountains and is subject to alluvial deposits carried from the nearby foothills to the west. The sediments consist primarily of sands and gravels with varying amounts of silt.

Furthermore, the proposed project would comply with the requirements of City PolicySN-6.3, which includes requirements for earthwork during construction to reduce risks associated with ground failure, including expansive or corrosive soils. Per the project-specific geotechnical report, should imported soil be utilized, it shall have low expansion potential and non-corrosive. Therefore, impacts are less than significant.

The proposed project would comply with General Plan Policy SN-6.3 and State policies related to expansive soils underlying the site, as well as recommendations made in the geotechnical report.

Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to expansive or corrosive soils, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. e) The 2020 EIR encourages removal of existing septic tanks and transition to sewer services. Where development cannot connect to a wastewater system, projects may need to use a septic system. In the instances where septic systems are proposed, all provisions of the CBC, California Plumbing Code, and City requirements would be applicable. These provisions include on-site testing to confirm soil conditions are adequate for the operation of a septic system. Compliance of all applicable existing codes and ordinance would ensure that this potential impact would be less than significant.

The proposed project would not include a septic system. No impact would occur.

Item Number: 4.

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The proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact due to the failure of a septic system, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. f) The 2020 EIR found that ground-disturbing activities in fossil-bearing soils and rock formations have the potential to damage or destroy paleontological resources that may be present below the ground surface. According to the 2020 EIR, compliance of all applicable policies in addition to the implementation of MM GEO-1 would reduce this potential impact to a less than significant.

The Phase I Cultural Resource Assessment (Appendix D) of the project site included a CHRIS records search, background research, NAHC SLF review and tribal outreach, and a field pedestrian survey. The records search results identified a total of two (2) previously recorded cultural resources within a 1- mile radius of the project site, none of which are located within the project site. In addition, 29 cultural resource investigations have been conducted within a 1-mile radius of the project site, none of which are located within the project site. The background research results identified two (2) serial patents within the project site and two (2) historic-era structures within a one-mile radius of the project site.

During the field survey, conditions were good, and ground visibility was good. The project site is also moderately disturbed by modern refuse and spoil mounds.

Based on the above findings, the project site is considered to have low sensitivity for the presence of precontact or historical archaeological deposits or features. While not observed at the surface, archaeological features and resources may have subsurface components that could be revealed during construction of the proposed project.

The proposed project would comply with applicable 2020 EIR and State policies related to the protection of paleontological resources. Therefore, the proposed project would not introduce environmental impacts anticipated to result in potentially significant environmental impact, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project MM GEO-1 In the event that paleontological resources or unique geological features are discovered during construction-related activities, a qualified paleontological monitor shall observe all ground-disturbing activities at all depths. The paleontological monitor will recover any significant fossil materials that would potentially be impacted by ground-disturbing activities.

To avoid construction delays, the Paleontological Monitor should be equipped to salvage fossils immediately as they are unearthed and to remove samples of sediments that are likely to contain the remains of small fossil vertebrates, in accordance with standards for such recovery established by the Society of Vertebrate Paleontology (SVP). Recovered specimens should be prepared to a point of identification, including washing of sediments to recover smaller fossil remains. Once excavation has reached specified depths, salvage of fossil material from the sidewalls of the cut may resume. Specimens shall be identified and curated into a museum repository with retrievable storage.

Item Number: 4.

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Conclusion
The Proposed Project would not create new or more significant impacts to geology and soils beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue
Area
Conclusion in
Desert Hot
Springs
General
Plan EIR
Do the
Proposed
Changes
Involve
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of 2020
EIR?
VIII. Greenhouse Gas Emissions
Would the project:
a) Generate
greenhouse
gas emissions, either
directly or indirectly,
that may have a
significant impact on
the
environment?
Significant and
unavoidable
impact.

No No No None Yes
b) Conflict with any
applicable plan,
policy
or regulation
adopted
for the purpose of
reducing the
emissions
of greenhouse
gases?
Significant and
unavoidable
impact.

No No No None Yes
Discussion
a) The 2020 EIR determined that implementation of the General Plan would result in construction activities that would generate GHG emissions primarily from fuel combustion in equipment during demolition, site preparation, grading, building construction, paving, and architectural coating activities and in worker, vendor, and haul trips to and from future development projects. The 2020 EIR determined that construction activity would result in 6,739 metric tons (MT) carbon dioxide equivalent (CO2e) per year. The 2020 EIR concluded that GPU implementation would accommodate up to an additional 34,564 dwelling units, 6,574 new students, 297 new hotel rooms, and approximately 17,069,838 additional square feet of non-residential land uses. The 2020 EIR determined that GPU implementation would result in an additional 354,606 MT CO2e per year compared to existing conditions. The 2020 EIR concluded that even with implementation of mitigation measures GHG-1a through -1e, impacts would remain significant and unavoidable.

The SCAQMD Governing Board previously adopted the staA proposal for an interim GHG significance threshold of 3,000 metric tons of carbon dioxide equivalent (MTCO2e) to serve as measure to distinguish small projects that can be screened out while achieving the emission capture rate of 90 percent for all new or modified projects subject to environmental review. According to the SCAQMD guidance, the 90 percent emission capture rate sets the emission threshold low enough to capture a substantial fraction of future stationary source projects that will be constructed to accommodate future statewide population and economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of the cumulative Item Number: 4.

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statewide GHG emissions. Small projects would be subject to future applicable GHG control regulations that would further reduce their overall future contribution to the statewide GHG inventory.

The proposed project has been evaluated using the most current modeling software available, CalEEMod Version 2022, to quantify the potential GHG emissions and associated impacts. As mentioned in the Air Quality Section, CalEEMod 2022 is widely accepted software for estimating emissions that has superseded prior modeling tools. The proposed project scope, including dwelling units, associated parking lot, and related improvements were incorporated as inputs to CalEEMod 2022 to calculate GHG emissions. CalEEMod 2022 incorporates the most current emission factors that may take into account a greater standard of eAiciency and regulatory mandates, compared to prior methods. It is understood that California regulations pertaining to energy eAiciency and emissions will continue to work toward GHG reductions during the life of the project. Such restrictions and/or standards are beyond the project’s control or influence since they are imposed at the statewide level. Therefore, current estimates are conservative and would be expected to decrease as regulatory programs are implemented.

Based on the project-specific analysis and CalEEMod results, the proposed project would generate approximately 406.03 MT CO2e during the period of construction. When amortized over a 30-year period15, the rate of GHG emissions is approximately 13.53 MT CO2e per year. The amortized quantity is factored into the operational GHG emissions discussion subsequently provided.

Table 6: Proposed Project Construction GHG Emissions
Construction Activity
Total GHG Emissions
(MT CO2e per year)
Total Construction Emissions 406.03
Emissions Amortized Over 30 Years1 13.53
Notes:

MT CO2e = metric tons of carbon dioxide equivalent
Totals may not appear to sum exactly due to rounding.
1 Construction GHG emissions are amortized over the 30-year lifetime of the project.

Operational emissions were calculated from CalEEMod 2022 from standard mobile, area, energy, water, waste, and refrigerant sources. Mobile sources involve GHG emissions resulting primarily from cars and trucks that would travel to and from the project site. Area sources are those produced during landscape maintenance activities. Energy sources pertain to natural gas and electricity use. Waste and wastewater sources involve GHG emissions associated with supplying and treating water and wastewater for the project. Solid waste sources are attributed to GHG emissions from the disposal of solid waste generated by the residential project. Refrigerant sources are attributed to building air conditioning and refrigeration equipment.
15 GHG emissions resulting from construction activities were quantified and amortized over the life of the project using SCAQMD’s recommended methodology. 30 years represents a typical lifespan for construction projects, meaning the emissions generated during the building process are spread out over the expected lifetime of the structures.

Item Number: 4.

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Table 7: Operational Greenhouse Gas Emissions
Unmitigated Emission Source
Emissions
(metric tons per year)
Total CO2E
Annual Construction Emissions Amortized Over 30 Years 13.53 Operational Area, Energy, Mobile Sources, Waste, Water
Usage and Refrigerants 526.08
Total CO2E (All Sources) 539.61
SCAQMD Screening Threshold 3,000
Threshold Exceeded? NO
The proposed project is expected to generate approximately 539.61 MTCO2e per year from unmitigated amortized construction, mobile, area, energy, water, waste, and refrigerant sources.

Approximately 70 percent of the project’s total operational emissions (367.16 MTCO2e) is attributed to mobile sources.

Based on the GHG calculations, the proposed residential project would not result in GHG emissions capable of exceeding the SCAQMD screening level established for small-scale projects and therefore would not have a significant impact on the environment. No mitigation is necessary at the project level. The project will comply with Statewide regulatory requirements including CalGreen, which requires energy eAicient design features (such as electric vehicle infrastructure and energy eAicient appliances), to ensure GHG emissions are less than significant.

The proposed project would comply with the applicable State, SCAQMD, regional and local policies related to GHG, including the most applicable numeric screening level developed by SCAQMD to identify small projects. Therefore, the proposed residential project would not introduce or result in potentially significant environmental impacts involving GHG emissions, either directly or indirectly, that may have a significant impact on the environment or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. b) The 2020 EIR concluded that the GPU would (1) not be consistent with the ARB Scoping Plan’s interpolated per capita GHG eAiciency metric, (2) would not meet the SCAG 2016 RTP/SCS goal of reducing per capita passenger vehicle GHG emissions, based on the emissions modeling conducted, and (3) would be inconsistent with the City’s CAP. Despite implementation of MM GHG-1a through MM GHG-1e the 2020 EIR would result in significant and unavoidable impacts.

Aside from generating GHG emissions below the screening levels, the proposed project is expected to comply with the City of Desert Hot Springs CAP as shown below and will result in less than significant impacts:

Item Number: 4.

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Table 8: Consistency with Desert Hot Springs Climate Action Plan Desert Hot Springs CAP Reduction Measure Project Consistency Sphere–Where We Live
Solid Waste. Solid Waste Diversion: Increase solid waste diversion rate by 5 percent to 68.1 percent by 2015
potentially through use of tiered rate structure.

Consistent. The proposed project would comply with the
applicable residential solid waste diversion programs
and requirements.

Solid Waste. Solid Waste Diversion: Increase solid waste diversion rate by an additional 10 percent to 78.1 percent by the end of 2020 potentially through awareness
programs, recognition, tiered rate structures, and other financial instruments.

Consistent. The proposed project would comply with the
applicable residential solid waste diversion programs
and requirements.

Sphere-Where We Work
Commercial Buildings. Energy-EAicient, CommercialSector Lighting: Promote and leverage existing incentives for eAicient lighting and educate and locally incent
building owners to eliminate any remaining T-12 lamps in commercial/industrial buildings.

Not applicable. The project does not propose
commercial or industrial buildings. However, the
proposed project would comply with the most recent
Title 24 requirements for installation of energy-eAicient lighting.

Commercial Buildings. Integrated Lighting Systems:

Promote SCE's Energy Management Solutions' energyeAicient lighting linked to building controls and occupancy sensors in minimum of 1 million square feet
of commercial/industrial space.

Not applicable. The proposed project does not propose
1 million square feet of commercial/industrial space.

Government Initiatives. Water EAicient Landscaping
Ordinance: Build on and exceed current Water EAicient
Landscaping Ordinance in the commercial/industrial
sector by 15 percent community-wide by 2020.

Not applicable. The project does not propose
commercial/industrial uses. However, the proposed
project would include landscaping with drought-tolerant plant species as approved by the City of Desert Hot
Springs. Plant irrigation would use drip applicators to promote water eAiciency.

Sphere-How We Build
Commercial Buildings. Sustainable Parking Lots:

Program to reduce the heat island eAect through the
promotion of parking lot coverings and coatings and semi permeable surfaces for new construction to achieve 20
percent of existing parking lots, and 80 percent of new parking lots.

Not applicable. The project does not propose
commercial buildings. However, the proposed project
would comply with the applicable parking lot and
landscaping requirements.

Commercial Buildings. "Cool Roofs": Promote the
installation of reflective roofing on commercial/industrial properties in the community with recognition for first 10 early adopters.

Not Applicable. The proposed project is residential in
nature and would comply with current Title 24 prescriptive cool roof requirements to meet energy compliance.

Government Initiatives. Green Building Program: Promote the voluntary Green Building Program to prepare for
enhanced Title 24 requirements and green building
standards.

Consistent. The proposed project would be consistent
with the most recent Title 24 requirements and green
building standards are required by the City Municipal
Code. Therefore, the project would be consistent with the voluntary program’s central objective of using resources, including building materials, electricity, and water in an eAicient manner.

Water. Stormwater Capture: Promote storm water
capture and detention for exterior landscape use
(cisterns, rain barrels) to demonstrate 10 new systems by 2020.

Consistent. The proposed project would include
stormwater capture, curbs, and gutters consistent with
City Municipal Code requirements for new development.

The proposed project would comply with the applicable State, SCAQMD, regional and local policies related to GHG reductions, including the City’s Climate Action Plan and statewide regulatory requirements. Therefore, the proposed project would not introduce or result in potentially significant environmental impacts involving conflicts with any applicable plan, policy or regulation adopted for Item Number: 4.

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the purpose of reducing GHG emissions, or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required. The project-specific GHG emission levels would comply with the most relevant screening level designed to distinguish small scale projects without the need for mitigation measures.

Conclusion
The proposed project would not create new or more significant impacts to GHG emissions beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion
in Desert
Hot Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
IX. Hazards and Hazardous Materials
Would the project:
a) Create a significant
hazard to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
Less than
significant
impact.

No No No None Yes
b) Create a significant
hazard to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
Less than
significant
impact.

No No No None Yes
c) Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile of
an existing or proposed
school?
Less than
significant
impact.

No No No None Yes
d) Be located on a site
which is included on a list
of hazardous materials
sites compiled pursuant to
Government Code Section
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
Less than
significant
impact.

No No No None Yes
e) For a project located
within an airport land use
plan or, where such a plan
has not been adopted,
within two miles of a public
airport or public use
airport, would the project
result in a safety hazard or
excessive noise for people
residing or working in the
project area?
No impact. No No No None Yes
f) Impair implementation of
or physically interfere with
an adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant
impact.

No No No None Yes
Item Number: 4.

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g) Expose people or
structures, either directly
or indirectly to a significant
risk of loss, injury or death
involving wildland fires?
Less than
significant
impact.

No No No None Yes
Discussion
The findings of this section of the Addendum/15168 Checklist are based on the findings of the project-specific Phase 1 Environmental Site Assessment (ESA), completed August 2023, and the Phase 1 ESA Update, completed December 2024 by Geocon West, Inc. (Appendix F.1 and F.2, respectively). a) Based on the 2020 EIR, hazardous materials and wastes will be routinely transported, used, and disposed of within the General Plan Planning Area. The GPU proposed policies ensure that hazardous materials and wastes users and producers use, transport, and dispose of materials and wastes in accordance with State and Federal regulations. The City would ensure proper permitting of hazardous materials storage, use and disposal with Riverside County Fire District (RCFD) and appropriate County, State, and federal agencies. With continued enforcement of Federal and State law combined with consultations with federal, State, and County agencies, potential hazards associated with hazardous materials and wastes would be less than significant.

Geocon West, Inc. conducted a Phase I Environmental Site Assessment (Phase I ESA) for the project site to identify Recognized Environmental Conditions (RECs). RECs include known or potential releases of hazardous substances and petroleum products that could have impacted the soil and/or groundwater at the project site. The Phase I ESA revealed no evidence of RECs, Controlled Recognized Environmental Conditions (CRECs), Historical Recognized Environmental Conditions (HRECs), or de minimis conditions on the project site. The proposed project would not handle hazardous soil or groundwater during construction.

Furthermore, construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. The nature and quantities of these products would be limited to what is necessary to carry out construction of the project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. To prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated, in part, through the implementation of measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being released on-site or into the surroundings. Best management practices (BMPs) are necessary for proper material delivery and storage; material use; and spill prevention and control.

These temporary measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction.

For example, all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer’s specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), Item Number: 4.

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and access restrictions (gates) would help prevent temporary impacts. With such standard measures in place, less than significant impacts are anticipated during construction.

The proposed multifamily residential community would provide housing in an area currently surrounded by existing housing to the east and south, and community recreational uses to the north.

The proposed project would not handle ignitable, reactive, corrosive, or toxic materials in large quantities. Residential projects use small amounts of hazardous materials, such as cleaning supplies, however, these are not typically stored in areas or handled in ways that are hazardous to the environment. Thus, less than significant impacts are expected.

As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.
b) The 2020 EIR states that with increased construction to accommodate for proposed population growth and development, there is an increased risk for large-scale accidents involving the transportation of hazardous materials or wastes that can result in extensive cleanup eAorts at significant cost. GPU Policy SN-3.1 is designed to ensure that hazardous materials and waste, their transport, and disposal are in accordance with State, federal, and local regulations such that upset is not reasonably foreseeable. With continued enforcement of existing regulations and implementation of the goals and policies of the proposed GPU, potential hazards associated with the reasonably foreseeable upset or accident of hazardous materials and wastes would be less than significant.

As discussed above, construction is not expected to include the handling or transport of contaminated soil or groundwater. [address hazardous materials handled during construction and operation and say why so minimal and in compliance with regs that upset or accident is not reasonably foreseeable] As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR. No additional analysis is required. c) According to the 2020 EIR, GPU Policy SN-3.4 will discourage the siting of facilities that utilize hazardous materials or generate hazardous wastes within one-quarter mile of any private or public school. Proposed future projects, including schools, under the GPU, are required to complete Environmental Site Assessments to determine if hazardous materials are present in the area.

Mitigation shall be incorporated into any project that may expose sensitive receptors to hazardous materials or waste to avoid or minimize health impacts, and the City would be required to make specific findings to document that consideration. As such, impacts would be less than significant.

The nearest school is Desert Springs Middle School, located at 66755 Two Bunch Palms Trail, approximately 0.19 miles north of the project site. Consistent with the 2020 EIR, construction of the multifamily residential community on the project site would not create land uses that emit hazardous emissions or handle hazardous such as agricultural, industrial, or resource extraction. This precludes the possibility that the proposed project would result in the emission of hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school.

Item Number: 4.

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Therefore, the proposed project would not introduce new impacts or create more severe impacts related to hazardous emissions or materials within 0.25 mile of a school than those previously analyzed in the 2020 EIR. No additional analysis is required. d) Based on the 2020 EIR, the City’s Planning Area does not contain any hazardous material sites.

Construction of new facilities may warrant inclusion on a list pursuant to Government Code Section 65962.5, but any such projects will be permitted separately. Therefore, the 2020 EIR concluded that impacts would be less than significant.

The Phase I ESA report included the following actions: (1) review of various references to obtain information concerning the topographic, geologic, and hydrologic/hydrogeologic characteristics of the site and vicinity; (2) review of publicly available federal, State, and local regulatory agency records to obtain information that could potentially help identify RECs at or potentially aAecting the site; (3) review of historical information sources to assess previous uses of the site and surrounding area (i.e., aerial photographs, topographic maps, and city directories); (4) perform a site reconnaissance to observe site uses and conditions.

The Phase I ESA provided a search of federal, State, and local environmental databases for listings pertaining to the site and properties/facilities within one mile of the site. The site is not listed on any of the databases searched during the Phase I ESA. Two properties within ¼ mile of the site are listed on various non-release-related databases.16 Because these properties are listed only on non-release databases, they are considered unlikely to have caused RECs at the site. Following is a summary of information for the one property/facility within ½ mile of the site that is listed on release-related databases, the status of the property/facility, and the potential, if any, to cause (or have caused) an REC at the site.
• DHS Chevron 7T2240/G&M Oil #122 – 13900 Palm Drive: This facility is located approximately 2,500 feet north-northwest, cross- to upgradient, of the site and listed on the following databases:
o Leaking Underground Storage Tank (LUST);
o Hazardous Waste & Substances Sites List (CORTESE);
o Enforcement Action Listing (ENF);
o Historical Hazardous Waste & Substance Site List (HIST CORTESE); o California Environmental Reporting System (CERS HAZ WASTE); o AST/UST regulatory program (CERS TANKS); and
o California Hazardous Material Incident Report System (CHMIRS).

The LUST database indicates the facility had a release of gasoline impacting an aquifer used for drinking water supply. This facility is an active gasoline station with four underground storage tanks 16 “Release” refers to an unauthorized release of a petroleum product or hazardous substance to the environment – i.e. the ground surface, soil, soil vapor, groundwater, or surface water on a property. “Release-related database” refers to those which provide information regarding an unauthorized release. “Non-release-related database” refers to those that may report use, storage, or disposal of hazardous substances and/or petroleum products or other environmental conditions, but do not report releases of such.

Item Number: 4.

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(UST); three 12,000-gallon USTs for gasoline and one 12,000-gallon UST for diesel. The California Regional Water Quality Control Board Colorado River Basin Region closed the regulatory case on September 28, 2011. No further pertinent information is provided by any database. The ENF, HIST Cortese, CERS HAZ WASTE, CERS TANKS, and CHMIRS databases do not provide any pertinent information.

The distance of this facility from the site and the regulatory closure of the case suggests that the release is unlikely to have caused any recognized environmental conditions at the site and based on the Phase I ESA and database searched, the site is not on the Cortese List.

Additional database searches occurred on the California State Water Resources Control Board’s GeoTracker and the California Department of Toxic Substances Control’s EnviroStor online data management systems for information regarding documented environmental assessment and cleanup at the site and/or properties/facilities within ¼ mile of the site. No information pertaining to the site or any properties or facilities within ¼ mile of the site is available on GeoTracker or EnviroStor. The nearest property/facility with available information, on either database, is the Chevron gasoline station at 13900 Palm Drive, approximately 2,500 feet northwest of the site. As previously discussed, this facility released gasoline underground, however, a letter was issued for this facility on September 28, 2011 claiming no further action required. The distance of the facility from the site, and the issuance of a no further action letter, suggests that this facility is unlikely to have caused an REC at the site.

There were no hazardous materials sites observed within the project site. Furthermore, the Phase I ESA did not reveal evidence of RECs, CRECs, HRECs, or de minimis conditions on the project site. As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those previously analyzed in the 2020 EIR. No further analysis is required. e) According to the 2020 EIR, the City’s Planning Area is not located within 2 miles of a public airport nor is the Planning Area located within an Airport Land Use Plan. The closest commercial airport, Palm Springs International Airport, is approximately 6.75 miles southwest of the proposed project. The GPU would not result in a safety hazard and there would be no excessive noise generated. Therefore, no impact would occur.

As mentioned above, the nearest commercial airport to the project site is approximately 6.75 miles southwest of the project. Therefore, the project site is not located within the boundaries of the airport influence area. Because the sites are not located within 2 miles of a public or public use airport, and because the sites are not in an airport influence area, the proposed project would not result in safety hazards or excessive noise beyond those analyzed in the 2020 EIR. Additionally, there are no private airstrips in the vicinity of the project site. Therefore, the proposed project would not have any impacts related to a private airstrip and would not create any hazards for people in the area.

Therefore, the proposed project would not introduce environmental impacts related to a public or public use airport or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Item Number: 4.

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f) According to the 2020 EIR, the City and County have adopted Hazard Mitigation Plans and participate in the Riverside County Multi-Hazard Mitigation Plan. The City also has a detailed Emergency Operations Plan (EOP) which provides the basis for the City’s emergency planning. Implementation of the GPU would not impair implementation or physically interfere with an emergency plan, as each project would be reviewed for interference with emergency operations upon approval. Therefore, impacts would be less than significant.

The proposed project would include three driveways along the existing right-of-way, Camino Campanero, immediately south of the project. The applicant would be required to demonstrate compliance with applicable Fire Code requirements on final building plans. The project would not alter emergency access routes or interfere with emergency access to existing City areas.

As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR. No additional analysis is required. g) According to the 2020 EIR, the City has incorporated special on-site fire protection measures to be specified during project review for areas where the fire hazard potential exists, specifically in hilly areas with slopes of 10 percent or greater, and areas with access problems, lack of water, or excessively dry brush. The RCFD has identified a need for a fire station along the southern portion of the City near industrial uses with equipment to accommodate taller industrial buildings. Any new fire station will need permanent funding, in addition to impact fees collected during the planning period to pay for the development of the station(s). Therefore, impacts would be less than significant.

The project site is not located in a High Fire Hazard Severity Zone or in a Very High Fire Hazard Severity Zone as mapped by California Department of Forestry and Fire Protection (CAL FIRE), and the project site is not located in a State Responsibility Area (SRA).17 As such, the proposed project would not directly or indirectly expose people or structures to a significant risk of loss, injury or death involving wildland fires.

Therefore, the proposed project would not introduce environmental impacts related to wildland fires or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to hazards and hazardous materials beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 17 California Department of Forestry and Fire Protection (CAL FIRE). 2021. Fire Hazard Severity Zones Maps. Website:
https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building-codes/fire-hazard-severityzones-maps/. Accessed December 9, 2024.

Item Number: 4.

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EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion
in Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New Analysis
or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
X. Hydrology and Water Quality
Would the project:
a) Violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade surface or
groundwater quality?
Less than
significant
impact.

No No No None Yes
b) Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such
that the project may impede
sustainable groundwater
management of the basin?
Less than
significant
impact with
mitigation
incorporated.

No No No MM UTL-1 Yes
c) Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of the
course of a stream or river or
through the addition of
impervious surfaces, in a
manner which would:

Less than
significant
impact.

No No No None Yes
(i) result in substantial
erosion or siltation on- or oAsite;
Less than
significant
impact.

No No No None Yes
(ii) substantially increase the
rate or amount of surface
runoA in a manner which
would result in flooding onor oA-site;
Less than
significant
impact.

No No No None Yes
(iii) create or contribute
runoA water which would
exceed the capacity of
existing or planned
stormwater drainage
systems or provide
substantial additional
sources of polluted runoA; or
Less than
significant
impact.

No No No None Yes
(iv) impede or redirect flood
flows?
Less than
significant
impact.

No No No None Yes
d) In flood hazard, tsunami,
or seiche zones, risk release
of pollutants due to project
inundation?
Less than
significant
impact.

No No No None Yes
e) Conflict with or obstruct
implementation of a water
quality control plan or
sustainable groundwater
management plan?
Less than
significant
impact with
mitigation
incorporated.

No No No None Yes
Item Number: 4.

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Discussion
The analysis in this section is based, in part, on the Drainage Study for Crossings at Camino Campanero, prepared by RICK – Water Resources Division on December 6, 2024 (Appendix G.1). In addition, the analysis of this section is based, in part, on the Project Specific Water Quality Management Plan (WQMP), also prepared by RICK on December 6, 2024. (Appendix G.2).
a) The 2020 EIR determined that future development within the Planning Area could increase urban runoA from a variety of sources (including new residential, commercial, industrial, institutional, recreational, utility, and roadway development) and could increase pollutants in downstream waters.

Growth and new development associated with implementation of the GPU would be subject to existing water quality regulations and programs. These programs establish water quality standards and enforcement procedures, and new development associated with the GPU would be required to comply with these programs and regulations. Implementation of the policies, in conjunction with compliance with existing regulatory programs, would ensure that water quality impacts related to implementation GPU would be less than significant.

The proposed project would be required to adhere to existing programs and regulations, and implement a SWPPP, which would reduce potential impacts related to violation of water quality standards or waste discharge requirements by implementing best management practices (BMPs) that regulate material storage, use, and spill prevention controls. As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR.
b) According to the 2020 EIR, future development within the Planning Area would require additional water services, the majority of which would come from local groundwater sources. The GPU includes several policies aimed at conserving water resources, including Policy OS-3.1, which required water conservation measures in new development, equivalent to CALGreen Tier One or similar standards.

Urban water suppliers are required to adopt urban water management plans, which include a detailed evaluation of supplies necessary to meet water demands. These water management plans are filed with the California Department of Water Resources (DWR) and must be updated every 5 years. MM UTL-1 does not allow approval of new developments associated with the implementation of the GPU if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With implementation of MM UTL-1, in addition to the applicable GPU policies and existing applicable policies and regulations, the 2020 EIR concluded that this potential impact would be considered less than significant.

Consistent with the discussion and analysis in the 2020 EIR, the project site would be served by the existing groundwater supplies provided by the MSWD. MSWD receives 100 percent of its water supply from groundwater produced from subbasins within the Coachella Valley Groundwater Basin, which underlies the District’s water service area. MSWD primarily produces groundwater from the Mission Creek Subbasin via eight active wells, as well as from the Indio Subbasin via three active wells, and the San Gorgonio Pass Subbasin via two active wells. As stated in the 2020 Coachella Valley Regional Urban Water Management Plan (UWMP), in general, existing groundwater quality from MSWD is Item Number: 4.

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excellent. MSWD is actively pursuing a program to properly place residences/businesses in the district on the MSWD water supply system and promoting the proper abandonment of unused/inactive wells.

Table 8-20 of the 2020 Coachella Valley Regional UWMP outlines projected water supplies through 2045, with an estimated supply projection of 12,495 AFY for 2045. Furthermore, the UWMP indicates that MSWD would have adequate groundwater supply to accommodate future demand during normal, single dry, and multiple dry years through 2045.18 In addition, the MSWD UWMP identifies contingency planning in the case of water shortages. As indicated above, the UWMP identified that future development, including the proposed project, would not exceed MSWD supplies. As noted, the project proposes to reduce the density of the development on the project site compared to that permitted by the GPU (although that residential capacity is accommodated elsewhere in the City), resulting in less or the same impacts than those identified in the 2020 EIR. In addition, the project is required to retain urban runoA onsite in conformance with local ordinance which, in turn, would add to groundwater recharge. As such, the proposed project would not increase water use in excess of what was identified for supply in the UWMP.

Therefore, the proposed project would not introduce new impacts or create more severe impacts associated with groundwater supplies or groundwater recharge than those previously analyzed in the 2020 EIR. No additional analysis is required.
c) i) Erosion
According to the 2020 EIR, short-term and long-term development activities could potentially result in erosion and siltation impacts as a result of alteration of natural drainage patterns. Erosion eAects during the construction phase of development would be prevented through required implementation of a SWPPP and through compliance with the NPDES program and the incorporation of BMPs intended to reduce soil erosion. The 2020 EIR concluded that soil erosion impacts would be less than significant with implementation of existing regulations.

According to the site specific WQMP, the proposed project site naturally drains northwest to southeast in both existing and proposed conditions. There is no existing storm drain infrastructure in the project area nor any onsite retention of storm water flow. The site is subject to oA-site run-on storm water flows from the undeveloped area to the west, soccer fields to the north, as well as flow from Camino Campanero at the southeast corner of the site. In the proposed conditions, oAsite flows are proposed to be collected via concrete ditches and bypassed around the site and discharged to the proposed curb on the Camino Campanero frontage street improvements. Onsite, a sub-grade retention vault is proposed at the southern edge of the site to collect and infiltrate storm run-oA generated during the 100-year 24-hour design storm per City of Desert Hot Springs drainage ordinance requirements to prevent rapid flows that could lead to erosion. Furthermore, as mentioned above, the proposed project would be required to implement a SWPPP, which would reduce impacts associated with soil erosion. 18 Water Systems Consulting, Inc. 2021. 2020 Coachella Valley Regional UWMP. Website:
http://www.cvwd.org/DocumentCenter/View/5482/Coachella-Valley-RUWMP.

Item Number: 4.

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As such, the proposed project would not introduce new impacts or create more severe impacts associated with erosion than those previously analyzed in the 2020 EIR. No additional analysis is needed.
ii) Substantially increase the rate or amount of surface runo1 in a manner which would result in flooding on-or o1-site.

The 2020 EIR concluded that implementation of the GPU would result in an increase of development within the General Plan Planning Area, which could result in an increase in surface runoA compared to existing conditions. However, compliance with existing policies and regulatory programs would ensure that flooding would not occur.

As mentioned in Impact(a) and Impact(c)(i) above, the project would include an infiltration facility which would intercept a portion of the post-development storm flow prior to entering the Municipal Separate Storm Sewer System (MS4) facility oAsite. A sub-grade retention vault is proposed at the southern edge of the site to collect and infiltrate storm run-oA generated during the 100-year 24-hour design storm per City of Desert Hot Springs drainage ordinance requirements. If storm flow exceeds the required retention volume, flows will be conveyed southerly as surface flow to the curb and gutter of the Camino Campanero frontage street improvements, then east along the northerly curb and gutter, before ultimately discharging to an unnamed drainage course that travels south. The water will continue to flow south until it reaches the nearest receiving waters (see Appendix G.1, Drainage Study).

These flows would not result in on site or oA site flooding because the onsite retention facility has been sized to collect worst-case runoA per City’s ordinance requirements, and the oAsite facilities have been sized to collect runoA per the MS4 requirements.

Therefore, the proposed project would not introduce new impacts or create more severe impacts associated with runoA than those previously analyzed in the 2020 EIR. No additional analysis is needed.
(iii) Create or contribute runo1 water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runo1.

The 2020 EIR determined that increased development within the General Plan Planning Area would result in more impervious surfaces, leading to greater urban runoA and potential increases in stormwater pollutants. To mitigate these impacts, the City requires that new development projects do not increase the rate of storm flows from the site. Projects must incorporate on-site stormwater management measures and, if applicable, construct Master Drainage Plan (MDP) facilities to accommodate stormwater flows. With these requirements and the implementation of General Plan Update (GPU) policies, the 2020 EIR concluded that stormwater-related impacts would be less than significant.

Consistent with these policies, the proposed project incorporates an on-site infiltration facility designed to manage post-development storm flows before they enter the municipal separate storm sewer system (MS4). A sub-grade retention vault at the southern edge of the site will collect and infiltrate stormwater runoA generated during the 100-year, 24-hour design storm event (worst case Item Number: 4.

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run-oA) in compliance with the City’s drainage ordinance. If storm flows exceed the required retention volume, excess water will be conveyed as surface flow to the curb and gutter along Camino Campanero (sized to collect runoA per the MS4 requirements), then directed east before ultimately discharging into an unnamed drainage course. This course conveys water southward to the Whitewater River Channel and, ultimately, to the Salton Sea. By capturing and infiltrating stormwater on-site, the project would minimize oA-site runoA and pollutant loads, aligning with GPU Policy OS3.10, which requires new development to reduce impermeable surfaces, increase infiltration, and incorporate stormwater detention features.

Additionally, the project complies with the City’s Engineering Department requirement that all developments address storm flows on-site, typically through detention basins or underground storage tanks, ensuring that stormwater management infrastructure keeps pace with growth. Since the proposed project complies with these requirements, directs excess stormwater to appropriate MS4 infrastructure, and introduces no new or more severe impacts beyond those analyzed in the 2020 EIR, no additional analysis is required.
iv) Impede or redirect flood flows
The 2020 EIR concludes that, as is currently allowed within the City, implementation of the GPU would allow development within portions of floodplains, which could potentially place structures within a floodplain, such as roads, bridges, commercial development, and drainage control facilities. All development associated with implementation of the GPU would be required to adhere to the provisions outlined in the municipal code and policies in the GPU designed to ensure that any future structures proposed within a floodplain do not negatively impede or redirect floodwaters. Therefore, impacts would be less than significant.

According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), the site is located within Zone “X,” which is identified as “Areas of 0.2 percent annual chance flood areas of 1 percent annual chance flood with average depths of less than foot or with drainage areas less than 1 square mile and areas protected by levees from 1 percent annual chance flood.”19 The project site is not a flood zone.

As discussed above, the project would include an onsite retention vault which will intercept a portion of the post-development storm flow prior to entering the MS4 facility oAsite. A sub-grade retention vault is proposed at the southern edge of the site to collect and infiltrate storm run-oA generated during the 100-year 24-hour design storm per City of Desert Hot Springs drainage ordinance requirements.

OAsite flows are proposed to be collected via concrete ditches and bypassed around the site, discharging to the proposed curb on the Camino Campanero frontage street improvements. With implementation of the retention vault onsite as well as the concrete ditches and MS4 facility oAsite, the project would not impede or adversely redirect flood flows and impacts associated with flooding would be less than significant.
19 Federal Emergency Management Agency (FEMA). FEMA Flood Insurance Rate Map. Website: FEMA Flood Map Service Center Search By Address.

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Therefore, the proposed project would not introduce new impacts or create more severe impacts associated with flood flows than those previously analyzed in the 2020 EIR. No additional analysis is needed.
d) The California Department of Conservation does not identify Desert Hot Springs as within a tsunami inundation map.20 The City’s Planning Area does not contain any open reservoirs, lakes, or other large bodies of water. The Wide Canyon Dam, constructed in 1968, is located easterly of the City and catches drainage from a large area to the northeast. In the unlikely event of the dam’s failure during a large storm event, a very small portion of the City’s Planning Area would be aAected. Given the existing regulations and policies addressing development in flood hazard areas, in addition to the minimal risk associated with tsunamis, seiches, and dam failure, the potential for development associated with implementation of the GPU to be subject to risk of release of pollutions due to inundation was considered less than significant.

The project site is not located near any large bodies of water. As stated above, according to FEMA FIRM, the entire project site is located within FEMA Flood Insurance Map Zone “X,” which is identified as “Areas of 0.2 percent annual chance flood areas of 1 percent annual chance flood with average depths of less than foot or with drainage areas less than 1 square mile and areas protected by levees from 1 percent annual chance flood.” Additionally, the project is not located near a dam, or an area potentially impacted by dam inundation. Therefore, the proposed project would not introduce new impacts or create more severe impacts associated with flood hazard areas than those previously analyzed in the 2020 EIR.
e) According to the 2020 EIR, the Water Quality Control Plan (Basin Plan) for the Colorado River Basin is designed to preserve and enhance water quality in the region. As described in the Basin Plan, the RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements to persons including individuals, communities, or businesses whose waste discharges may aAect water quality.

In addition, the Sustainable Groundwater Management Act (SGMA) requires governments and water agencies of high and medium priority basins to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. The Colorado River Basin is a high priority basin due to the significant population and economic activity dependent on its water supply, particularly in the lower basin states (including California). However, the subbasins that underlie the Coachella Valley, the Mission Creek and Indio Subbasins, are medium priority basins. MM UTL-1 does not allow approval of new developments associated with the implementation of the GPU if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP. With implementation of MM UTL1, in addition to the applicable GPU policies and existing applicable policies and regulations, this potential impact would be considered less than significant.

The proposed project would comply with the requirements of the Riverside County Flood Control and Water Conservation District and would satisfy the requirements of the NPDES Program. The proposed project would not conflict with the guiding and implementing policies of the GPU related to hydrology and water quality. Therefore, the proposed project would not introduce new impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required. 20 California Department of Conservation. 2019. California Tsunami Maps and Data. Website: California Tsunami Maps and Data.

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Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project MM UTL-1 Developments under the GPU that will be served by local utility providers, will not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP.

Conclusion
The proposed project would not create new or more significant impacts to hydrology and water quality beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

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Environmental Issue Area
Conclusion
in Desert
Hot Springs
General
Plan EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XI. Land Use and Planning
Would the project:
a) Physically divide an
established community?
Less than
significant
impact.

No No No None Yes
b) Cause a significant
environmental impact due to
a conflict with any land use
plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental eAect?
Less than
significant
impact.

No No No None Yes
Discussion
a) The 2020 EIR concluded that the GPU is a policy document designed to direct long-term growth within the City’s Planning Area and does not propose major circulation changes that would restrict access to an area of the City. Implementation of the GPU would not physically divide an established community, therefore, impacts would be less than significant.

The project does not propose any changes to the circulation system around the project site or other infrastructure that would cut oA an area of the City. The project also would not demolish any existing units, which can contribute to a sense of community. Thus, the proposed project would not divide an established community. Therefore, no impact would occur. As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR.
b) The 2020 EIR includes a discussion of potential conflicts between the GPU and applicable planning documents, namely the 2016-2040 RTP/SCS. Population growth associated with the GPU (88,476) would exceed the projected population growth forecast from SCAG in its 2016 document (58,900). The GPU is a citywide update and would replace the existing 2000 General Plan. The GPU would support many of the major goals established in the 2000 General Plan. The City has several adopted specific plans, some of which are outdated and need to be revised or rescinded and the GPU includes a policy requiring updates or rescinding of specific plans. The Zoning Ordinance details land use regulations and development standards within the City and would need to be updated to reflect the changes in the GPU. These revisions would ensure that development standards and guidelines would be consistent with the development patterns identified within the GPU. The implementation of the GPU would not cause a significant environmental impact due to a conflict with any land use policy adopted for the purpose of avoiding or mitigating an environmental eAect and, therefore, impacts would be less than significant.

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In April 2024, SCAG updated the RTP/SCS. The 2024 RTP/SCS focuses on the buildout of the Southern California region by 2050. According to the 2020 EIR, the City is anticipated to have a population of 88,476 by 2040. The 2024 RTP/SCS does not project the City’s population at buildout of the SCAG area (i.e., 2050). The 2024 RTP/SCS states that the population in the area is slowly declining, due to events like the COVID 19 pandemic, and death of older generations with higher populations (i.e., baby boomers).

The project site is designated “Residential High” by the City of Desert Hot Springs and zoned “Residential High (R-H)” by the Desert Hot Springs Zoning Ordinance. This designation is primarily located near transit lines and commercial centers that oAer convenient services and amenities to residents. This designation allows 20 to 30 dwelling units per acre. The project proposes the development of 64 units on the approximately 4.35-net-acre site, which would result in 14.71 dwelling units per acre. Since the City’s land use and zoning designation allows 20 to 30 dwelling units per acre, the proposed project is inconsistent with the existing R-H designation. Therefore, the project proposes a General Plan Amendment to revise the R-H zone to Residential Medium (R-M), which allows for detached and attached residential developments approaching up to 20 dwelling units per acre. It should be noted that the project would not result in a net loss of housing because Riverside County currently has a 167 aAordable housing project planned on APN 656-040-061, which is zoned Mixed Use Corridor (MU-C), with no assigned aAordable housing units. Under MU-C zoning, housing is not required, and the site could have all commercial uses. The County’s developer, Abode Communities is submitting a project to develop 167 aAordable housing units on another property within the City of Desert Hot Springs. Therefore, the remaining 61 aAordable housing units assigned to the project site APN 656-050-006 will be reassigned to the Riverside County site APN 656-040-061 with no net loss in aAordable housing, consistent with “no net loss” requirements contained in Government Code Section 65580 et. seq., thereby allowing the property to be zoned Residential Medium (R-M) while complying with Housing Element Law.21 Therefore, the proposed project would involve a minor change to the Desert Hot Springs General Plan, but would not be inconsistent with the GPU if the project’s GPU amendment is approved.

Per Section 17.100 of the Desert Hot Springs Municipal Code, an amendment to the General Plan may be adopted only if all of the following findings are made:

1. That the proposed amendment is internally consistent with the General Plan;

2. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

3. That the proposed amendment would maintain the appropriate balance of land uses within the City; and

4. That in the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). 21 Per City of Desert Hot Springs Letter, dated January 22, 2025, and signed by Patricia Villagomez, Principal Planner (Appendix I).

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As discussed throughout this document, the proposed project is surrounded by existing single family homes immediately to the east and to the south (separated by Camino Campanero). The single family community east of the project is currently designated Residential Low (R-L), while the residential community south of the project is designated Residential Medium (R-M). If the City approves the General Plan Amendment and change of designation, the project will be the same land use and zoning designation as the property to the south. Additionally, the project will continue to be a residential use, consistent with the surrounding land use designations.

The proposed project is internally consistent with the General Plan, as the project does not conflict with the following goals related to residential land uses:
• LU-1: A balanced community with a mix of land uses that supports thriving businesses, complete and healthy neighborhoods, and sustainable desert environment. • LU-2: Provide a variety of housing types and densities to accommodate existing and future residents.
• LU-12: Citywide design and development that enhances the community’s distinctive character and preserves the natural scenic resources.
• LU-14: High quality and character of the City through compliance with codes and regulations. • OS-7: Protected viewsheds, scenic corridors, and neighborhood aesthetics.

The project is consistent with the goals outlined in the Land Use and Community Design and Open Space Elements of the General Plan, because the project will provide housing within an existing developed area with residential and recreational uses, near commercial uses. The project will also be developed consistent with the surrounding residential communities and in compliance with the City’s codes and regulations, such as those provided in the City’s Municipal Code. • MI-1: An inclusive mobility framework that safely and eAiciently moves and connects people, destination, vehicle and goods.
• MI-2: Streets that are designed and managed to enable safe access for all users: pedestrians, equestrians, bicyclists, motorists, and transit riders of all ages and abilities. • MI-3: Streets and sidewalks that prioritize safety.
• MI-4: Connected pedestrian and bicycle network.

The project is consistent with the applicable goals outlined in the Mobility and Infrastructure Element of the General Plan because the segment of Camino Campanero along the project’s frontage will be developed with sidewalks and curb and gutter improvements as a part of the project. This will allow the project to connect to existing developments and provide a safe means of travel for pedestrians.

Additionally, the project will connect to Mission Springs Park (directly north), via gated access. The project’s development of sidewalks to connect the residents to external streets, and connection to the northern park provides an inclusive mobility network.
• H-1: Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure.
• H-2: Assist in the development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households.

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• H-4: Conserve and improve the condition of Desert Hot Springs’ existing housing stock. • H-5: Continue to promote equal housing opportunities in the City’s housing market regardless of age, disability/medical condition, race, sex, marital status, ethnic background, source of income, and other factors.

The project is consistent with the applicable goals established in the Housing Element of the General Plan because project proposes 64 aAordable multifamily residential units. The project will provide diverse housing in the area, which is currently surrounded and primarily detached single family homes.

The multifamily units will improve the City’s housing stock and promote equal housing opportunities. • HW-2: Recreation facilities that meet the diverse demands of the residents over time. • SN-8: A noise environment that provides peace and quiet that complements the City’s spa resort character.

The project is consistent with the applicable goals outlined in the Health and Wellness and Safety and Noise Elements of the General Plan because the project will provide outdoor and indoor amenities for the future residents. The project will include a one-story, 3,986-square-foot community building that will feature a lounge, management oAice, a central laundry room, maintenance space, and a patio overlooking the paly area. Outdoor amenities include a pool, barbeque areas, community gardens, teen area, designated smoking areas, and tot lot. Moreover, residential uses do not typically generate substantial noise. The project, currently surrounded by residential communities to the east and south and a park to the north, will be consistent with the existing uses, and would not generate noise inconsistent with the area, and City.

Furthermore, the proposed amendment from the R-H to R-M designation would not be detrimental to the public interest, health, safety, convenience, or welfare of the City as discussed throughout this document. The R-M use would result in less than significant impacts to air quality, greenhouse gas emissions, public services, hazards and hazardous waste, noise, hydrology and water quality, transportation, and utilities. The residential project will be consistent with the surrounding uses and the existing context of the City, which is largely residential communities.

Although the project is internally consistent with the General Plan; would maintain the balance of land uses within the City; would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and is physically suitable for the site, the proposed project would result in the downzoning of the site due to the reduction of allowable dwelling units currently designated for the site. The proposed project will reduce the number of units allowed on the project property from 20 to 30 dwelling units per acre to up to 20 dwelling units per acre. The project proposes to develop 14.71 dwelling units per acre. However, the project will still develop residential housing (just to a reduced extent), which will assist the City in achieving the Regional Housing Needs Assessment (RHNA) housing numbers (see the Population and Housing discussion). Further, the project would not result in a loss of capacity for lower income housing during this RHNA cycle because the capacity lost on the project site has been accommodated on a diAerent site not planned for the number of units now proposed. Additionally, the project will provide aAordable housing options to residents and future residents of the City. As discussed throughout this document, the project would not result in impacts Item Number: 4.

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to the environment, and although the project proposes downzoning from R-H to R-M, impacts would be less than significant.

As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to land use and planning beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

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Environmental Issue Area
Conclusion
in Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New Analysis
or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XII. Mineral Resources
Would the project:
a) Result in the loss of
availability of a known
mineral resource that would
be of value to the region and
the residents of the State?
Less than
significant
impact.

No No No None Yes
b) Result in the loss of
availability of a locally
important mineral resource
recovery site delineated on
a local general plan,
specific plan or other land
use plan?
Less than
significant
impact.

No No No None Yes
Discussion
a) The 2020 EIR concluded that future development guided by the GPU would result in the loss of known Statewide, regional, and locally valuable mineral resources if an area was developed above or, potentially, adjacent to the mineral deposits. Most of the City’s Planning Area is designated as having little potential for development of mineral resources. Therefore, a less than significant impact to the availability of known mineral resources of value to the region or State will occur as a result of implementation of the GPU.

The project site does not contain a known mineral deposit, nor does it support mineral extraction operations. The project site is not designated an area of significant mineral deposits. Thus, the proposed project would not result in the loss of known mineral resources or deposit sites, nor is there high potential for mineral resources to be identified in the already undeveloped area. Therefore, the proposed project would not introduce new impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required. b) According to the 2020 EIR, the existing Desert Hot Springs General Plan and the Riverside County General Plan do not identify any locally important mineral resources. No other planning documents identify any locally important mineral resources. No impacts to locally important mineral resources could occur as a result of the implementation of the GPU. No impact to the availability of known mineral resources of value to the region or State will occur as a result of implementation of the GPU.

The project site does not contain a known mineral deposit, nor does it support mineral extraction operations.22 The project site is not designated an area of significant mineral deposits. Thus, the proposed project would not result in the loss of known mineral resources or deposit sites, nor is there 22 City of Desert Hot Springs. General Plan 2020. Open Space and Natural Resources Element. Figure OS-4: Mineral Resources.

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high potential for mineral resources to be identified in the already undeveloped area. Therefore, the proposed project would not introduce new impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to mineral resources beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

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Environmental Issue Area
Conclusion in
Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XIII. Noise
Would the project:
a) Generation of a
substantial temporary or
permanent increase in
ambient noise levels in the
vicinity of the project in
excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other
agencies?
Less than
significant
with
mitigation
incorporated.

No No No MM NOI-1 Yes
b) Generation of excessive
groundborne vibration or
groundborne noise levels?
Less than
significant
impact.

No No No None Yes
c) For a project located
within the vicinity of a
private airstrip or an
airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would
the project expose people
residing or working in the
project area to excessive
noise levels?
Less than
significant
impact.

No No No None Yes
Discussion
a) The 2020 EIR concluded that buildout of the Planning Area would involve construction that would result in temporary noise generation, primarily from the use of heavy-duty construction equipment.

The GPU’s Safety and Noise Element focuses on protecting Desert Hot Springs citizens from excessive construction noise levels that could disturb and disrupt human activities and aAect the physical and psychological health of individuals. In particular, Policy SN-8.1 highlights the City’s commitment to protecting sensitive land uses from high noise levels, and Policy SN-8.3 requires the implementation of mitigation in the form of sound walls, insulation, etc. for new development in areas that exceed the City’s noise standards. Moreover, the City’s Municipal Code, Section 8.12.100 and 9.04.030 establishes limitations for when construction activities can occur (7 am to 5 pm; daylight savings time 6 am to 6 pm; no construction on Sunday). The City’s Municipal Code does not have specific, numeric noise standards for construction noise. Therefore, to ensure that future development projects implement appropriate construction noise controls, MM NOI-1 requires development projects that are subject to discretionary review and that are located near (within 200 feet) of noise-sensitive land use (e.g., residential, school, or long-term medical care facilities) to implement feasible construction noise measures that reduce construction noise levels at sensitive receptor locations, including: (1) Item Number: 4.

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construction management techniques (e.g., providing advanced notice of construction activities to nearby noise-sensitive receptors, siting staging areas ways from noise-sensitive land uses, phasing activities to take advantage of shielding/attenuation provided by topographic features or buildings, monitoring construction); (2) construction equipment controls (e.g., ensuring equipment has muAlers, use of electric hook-ups instead of generators); (3) use of temporary sound barriers (equipment enclosures, berms, walls, blankets, or other devices) when necessary; (4) preparation of a plan, procedures, or other mechanism to receive track, respond, and resolve construction noise complaints, including designation of an on-site appointee to handle such complaints, and report back to City staA; and (5) require monitoring construction noise levels if complaints are received to verify the need for additional noise controls.

The 2020 EIR concluded that build out of the General Plan planning area would increase development density in Desert Hot Springs and would provide for new residential and non-residential opportunities.

New sensitive receptors would be located throughout the City as growth envisioned in the General Plan occurs. In addition, the 2020 EIR concluded that stationary noise source impacts would be less than significant, and traAic noise increase impacts would be potentially significant and unavoidable.

The project site is surrounded by existing residential communities to the east and south, a recreational park to the north, and vacant, undeveloped land to the west. The existing residential communities are considered noise-sensitive receptors. Noise-sensitive receptors are buildings or areas where unwanted sound or increases in sound may have an adverse eAect on people or land uses (i.e., residential areas, motels and hotels, hospitals and health care facilities, school facilities, and parks).

The project is located within an area designated for Residential High uses (20-30 dwelling units per acre). The project proposes the development of 64 multifamily residential units in four buildings, a building for lease oAices and resident amenities, and outdoor amenities including a pool, barbeque areas, gardens, etc. The onsite project-related noise sources are expected to include outdoor activity, vehicular activity, trash collection activity, outdoor air conditioning units, and pool activity. The project site is currently vacant and does not contribute to the existing noise environment.

Construction Noise Impacts
Construction is completed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on the site and, therefore, the noise levels surrounding the site as construction progresses. The site preparation phase, which includes excavation and grading of the site, tends to generate the highest noise levels because the noisiest construction equipment is earthmoving equipment such as bulldozers, draglines, etc. Construction of the project is expected to require the use of scrapers, bulldozers, water trucks, haul trucks, and pickup trucks.

The closest noise-sensitive receptor to the project site is located immediately east of the project, which includes single family residential homes. The façade of this nearest sensitive receptor would be located approximately 25 feet from the project boundary. Although the existing residential property is surrounded by concrete block walls, which would act as a noise barrier from the construction noise source, the surrounding residential properties will be impacted by construction noise due to their close proximity to the project.. However, as noted above, the 2020 EIR identified that construction Item Number: 4.

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noise impacts could be potentially significant but would be reduced to less than significant with implementation of MM NOI-1. MM-NOI-1 requires projects located within 200 feet of noise-sensitive receptors to implement construction noise control measures that reduce construction noise levels at sensitive receptor locations. Such measures may include, but are not limited to: (1) construction management techniques (e.g., providing advanced notice of construction activities to nearby noisesensitive receptors, siting staging areas ways from noise-sensitive land uses, phasing activities to take advantage of shielding/attenuation provided by topographic features or buildings, monitoring construction); (2) construction equipment controls (e.g., ensuring equipment has muAlers, use of electric hook-ups instead of generators); (3) use of temporary sound barriers (equipment enclosures, berms, walls, blankets, or other devices) when necessary; (4) preparation of a plan, procedures, or other mechanism to receive track, respond, and resolve construction noise complaints, including designation of an on-site appointee to handle such complaints, and report back to City staA; and (5) require monitoring construction noise levels if complaints are received to verify the need for additional noise controls. With the implementation of MM NOI-1, the proposed project would not introduce new construction noise impacts or create more severe impacts than those previously analyzed in the 2020 EIR.

During construction, the project shall follow common industry standards that will help limit noise level increases. For example, all construction equipment, fixed or mobile, should be equipped with properly operating and maintained muAlers and the engines should be equipped with shrouds. Approved haul routes shall be used to minimize exposure of sensitive receptors to potential adverse levels from hauling operations. All construction equipment shall be in proper working order and maintained to reduce backfires. Grading activities would involve the use of standard earth moving equipment, which would be stored on the site during construction to minimize disruption of the surrounding land uses.

Above-grade construction activities would involve the use of standard construction equipment, such as hoist, mixer trucks, concrete pumps, laser screeds and other related equipment.

Construction traAic and equipment is also anticipated to generate noise along access routes to the proposed development. The larger pieces of heavy equipment would be moved onto the development only one time for each construction activity (i.e., site prep, grading, etc.). Daily transportation of construction workers and the hauling of materials both on and oA the project site are expected to cause increases in noise levels along surrounding roadways. However, these impacts are short-term noise impacts due to the increase in traAic flow on local streets associated with the transport of workers and equipment. Therefore, short-term construction-related noise impacts associated with the transportation of workers and equipment to the project site would be less than significant.

Furthermore, the City’s Municipal Code, Section 8.12.100, establishes limitations for when construction activities are not permitted to occur (i.e., between the hours of 5:00 pm to 7:00 am, and 6:00 pm to 6:00 am during daylight savings time, and on Sundays). All projects in the City, including the proposed project, would be subject to the permissible construction hours established by the Municipal Code. It is possible that some discretionary and non-discretionary construction activities could result in temporary increases in noise levels above ambient conditions of 15 to 30 dBs or more during permissible time frames, which would be perceived by noise-sensitive land uses as doubling or quadrupling of loudness, respectively. Therefore, the project is required to implement MM NOI-1 to Item Number: 4.

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ensure that construction noise is reduced to the greatest extent feasible. With the implementation of MM NOI-1, impacts would be less than significant.

Operational Noise Impacts
Per the 2020 EIR, a substantial permanent increase in ambient noise is defined as: 1) an increase of 5 dBA or more where the ambient noise level would remain normally or conditionally acceptable; 2) an increase of 3 dBA or more that causes the existing ambient noise level to change from normally or conditionally acceptable to normally unacceptable; or 3) an increase of 1 dBA or more that causes the existing ambient noise level to change from normally unacceptable to clearly unacceptable, or where the existing ambient noise levels are already clearly unacceptable.

Additionally, the City establishes land use compatibility standards for the various land use categories throughout the City. The land use categories surrounding the project includes residential (single family) to the east, mobile homes to the south, a park to the north, and vacant land (designated for commercial) to the west. The table below summarizes the noise guidelines for the surrounding land use categories.

Table 9: Noise / Land Use Compatibility Guidelines
Land Use Category
CNEL Acceptability
Normally
Acceptable
Conditionally
Acceptable
Generally
Unacceptable Discouraged
Residential, single and multifamily
dwellings, group quarters 50-60 60-65 65-75 75+
Residential mobile homes 50-55 55-60 60-70 75+
Open Space 50-70 70-75 75+ N/A
Commercial 50-70 70-80 85+ N/A
Source: Table 4.13-8 Noise/Land Use Compatibility Guidelines, 2020 General Plan Update EIR.

Mobile Sources
A significant impact would occur if implementation of the proposed project would result in a substantial increase in traAic noise levels compared with traAic noise levels existing without the project.

As noted above, the 2020 EIR identified that traAic noise increase impacts would be potentially significant and unavoidable.

The project is expected to result in a nominal increase in traAic-related noise levels on the local roadways since the project proposes 64 multifamily residential units. The project proposes 137 parking spaces for the residents. Vehicles within the residential neighborhood will not exceed 25 miles per hour, unless otherwise posted (per the California Department of Motor Vehicles). Along Camino Campanero (between Palm Drive and Avenue Descanso), the posted vehicle speed is 25 mph, where a vehicle traveling 30 mph, generates 62 dBA at 50 feet. This is acceptable in a residential area. This will not result in a significant increase in traAic-related noise.

Moreover, according to Exhibit 4.13-3, Future GPU 2040 TraAic Noise Contours, in the 2020 EIR, the traAic noise at the project site will reach 65 CNEL, due to the project’s proximity to Palm Drive. This Item Number: 4.

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increase is a cumulative increase to which the project would contribute. However, this is acceptable in a residential area and the project would make a lesser contribution than analyzed in the 2020 EIR because it has fewer units than planned.

Therefore, the proposed project would not introduce new traAic noise impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.

Stationary Sources
As previously stated, the existing noise environment is defined by the residential properties and neighborhoods, and vehicle traAic in the surrounding area. Noise generated in residential areas is generally quiet, and consist of people talking, automobile door closing, automobile traAic, and periodic maintenance activities such as landscaping (lawn mowers, etc.) and trash collection.

Automobile traAic along Camino Campanero also contributes to the existing noise environment in the area. Currently, the vacant project site does not contribute to the existing noise environment.

According to the City of Desert Hot Springs Municipal Code, Section 17.40.180, Noise, no exterior noise level shall exceed 65 dBA and no interior noise level shall exceed 45 dBA in residential areas.

Noise sources associated with the proposed multifamily residential development are expected to include opening and closing of vehicle doors in driveways, people talking, car alarms, trash pick-ups, and operating HVAC equipment. As stated in the General Plan EIR, noise generated by residential or commercial uses is generally short-term and intermittent (and typically occurring during daytime hours). The City’s General Plan goals and policies would protect residents from excessive stationary noise sources and ensure new land uses meet the City’s Municipal Code noise standards through evaluation and design considerations.23 Policies include SN-8.8, Interior Noise Standards, which enforce quantitative exterior and interior noise standards for various types of sensitive land uses.

Section 17.40.180, Noise, of the Desert Hot Springs Municipal Code states that no loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention attracting, or communication device associated with any use shall be discernable beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. Additionally, Section 17.40.180 requires that noise barriers shall interrupt the line-of-sight between any permanent noise source and receiver when noise would exceed normally acceptable levels beyond the parcel line except for noise from fire protection devices, burglar alarms and church bells. For example, a block wall or landscaping would interrupt the line-of-sight between a residential property and a busy street, or a residential property and a commercial use.

The project will also be subject to follow the noise-related prohibitions established in Chapter 8.12, and specifically Section 8.12.040, of the DHS MC. Per 8.12.040, no person shall cause, suAer, allow, permit, continue, or cause to be made, suAered, permitted or continued within the City limits or within 200 feet thereof, any noise disturbance. Therefore, prohibiting:
• Sounding of any horn or other auditory signaling devices on or in any motor vehicle except as a warning of danger
23 General Plan Environmental Impact Report, 2020, page 4.13-45 Item Number: 4.

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• The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifier, public address system or other similar machine or device for the producing or reproducing of sound:
o Between the hours of 8:00 p.m. and 8:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary;
o In such a manner as to be plainly audible within any noise sensitive zone; o In such a manner as to be plainly audible as a distance of 50 feet from the source; o In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger or a common carrier. • The use or operation of a leaf blower
o Between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday; and o Between the hours of 8:00 p.m. and 9:00 a.m. on Saturday and/or Sunday. • Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or which are audible within a noise sensitive zone.

Stationary sources associated with the project includes HVAC systems for the buildings. These systems are proposed to be ground-mounted and enclosed. The closest proposed HVAC system would be located approximately 76 feet from the nearest existing sensitive receptor (i.e., residential property east of project). This separation, as well as the system’s enclosure and the existing block wall, the HVAC unit is not likely to result in noise impacts to the existing sensitive receptor.

Stationary and other sources of noise would be controlled by the General Plan goals and policies, as well as the City’s Municipal Code, which limit allowable noise levels at adjacent properties. Therefore, stationary noise sources would comply with City standards and would not expose people to a substantial permanent increase in noise levels. The project is not anticipated to exceed noise levels typical of residential neighborhoods during operation.

Therefore, the proposed project would not introduce new stationary source noise impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.
b) The 2020 EIR concluded that vibration impacts would be less than significant. A significant impact would occur if the project would generate groundborne vibration or groundborne noise levels in excess of established standards24. The City of Desert Hot Springs has not established vibration standards for temporary construction activities. Therefore, the Federal Transit Administration (FTA) vibration impact criteria are utilized for the analysis in the 2020 EIR. The FTA has established industry accepted standards for vibration impact criteria and impact assessment.

Short-Term Construction Vibration Impacts
24 Thresholds used in 2020 EIR: Caltrans recommends 0.5 PPV threshold for transient vibration-induced damage in historic, older buildings at a distance of 100 feet; for human responses, Caltrans threshold for a distinctly perceptible response = 0.24 PPV and FTA’s vibration standard for infrequent events at residential lands = 80 VdB.

Item Number: 4.

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Of the variety of equipment used during construction, the large vibratory rollers that are anticipated to be used in the site preparation phase of construction would produce the greatest groundborne vibration levels.

The nearest oA-site receptor to the project construction footprint include single family residential homes to the east of the project. The façade of this closest structure would be located approximately 25 feet from the project property boundary. According to Table 4.13-12 of the 2020 EIR, specific vibration levels associated with typical construction equipment are highly dependent on the type of equipment used. Vibration levels dissipate rapidly with distance, such that even maximum impact pile driving activities would result in vibration levels below Caltrans’ recommended 0.5 PPV threshold for transient vibration-induced damage in historic, older buildings at a distance of 100 feet. Although it is likely that heavy construction equipment would occur at the property boundary (i.e., grading), the construction equipment would not operate in the same location for prolonged periods of time.

Additionally, construction equipment that generates vibration at levels impacting residential uses (such as impact pile drivers, and bulldozers) are not expected at the project site. Vibratory rollers may be utilized at the project site along the proposed asphalt roads, however, these are located approximately 30 feet from the closest existing sensitive receptor (i.e., residential structure) and would not operate at one location for an extended period of time. Therefore, would generate less than 0.21 PPV at 25 feet (Caltrans standard). Therefore, even if construction equipment were to operate near a building where receptors may feel vibration, it would only be for a temporary amount of time and would not be considered excessive.

Operational Vibration Impacts
Implementation of the proposed project would not include any new permanent sources that would expose persons in the project vicinity to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the project vicinity. Therefore, the proposed project would not generate groundborne vibration or groundborne noise levels in excess of established standards and there would be no impact related to operational groundborne vibration.

This analysis also shows that project vibration impacts would be less than significant. Therefore, the proposed project would not introduce new vibration impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required. c) The 2020 EIR concluded that airport noise impacts would be less than significant, because the closest airport to the City’s Planning Area is the Palm Springs International Airport, which is approximately 2.5 miles south of the closest Planning Area boundary. Moreover, the Planning Area is not located within a noise contour zone associated with the Palm Springs International Airport, and there are no private airstrips in the Planning Area.

The nearest public airport to the project site is the Palm Springs International Airport, located approximately 6.75 miles southwest of the project site. The project site is outside of any airport noise contours. While aircraft noise is occasionally audible on the project site from aircraft flyovers, aircraft noise associated with nearby airport activity would not expose people residing or working near the project site to excessive noise levels. Therefore, implementation of the project would not expose persons residing or working in the project vicinity to noise levels from airport activity that would be in Item Number: 4.

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excess of normally acceptable standards for the proposed land use development, and no impact would occur.

This analysis shows that no impact would occur with implementation of the project. Therefore, the proposed project would not introduce new aircraft noise impacts or create more severe impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project MM-NOI-1 Access and Minimize Temporary Construction Noise Levels To ensure that future development projects implement appropriate construction noise controls, the City shall require development projects that are subject to discretionary review and that are located near (i.e., within 200 feet of noise-sensitive land uses (e.g., residential, school, or long term medical care facilities) to assess potential noise levels and minimize construction noise levels and minimize substantial adverse impacts by implementing feasible construction noise control measures that reduce construction noise levels at sensitive receptor locations. Such measures may include, but are not limited to: (1) construction management techniques (e.g., providing advanced notice of construction activities to nearby noise-sensitive receptors, siting staging areas ways from noise-sensitive land uses, phasing activities to take advantage of shielding/attenuation provided by topographic features or buildings, monitoring construction); (2) construction equipment controls (e.g., ensuring equipment has muAlers, use of electric hook-ups instead of generators); (3) use of temporary sound barriers (equipment enclosures, berms, walls, blankets, or other devices) when necessary; (4) preparation of a plan, procedures, or other mechanism to receive track, respond, and resolve construction noise complaints, including designation of an on-site appointee to handle such complaints, and report back to City staA; and (5) require monitoring construction noise levels if complaints are received to verify the need for additional noise controls.

Conclusion
The proposed project would not create new or more significant noise or vibration impacts beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion
in Desert
Hot Springs
General
Plan EIR
Do the
Proposed
Changes
Involve
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XIV. Population and Housing
Would the project:
a) Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension
of roads or other
infrastructure)?
Less than
significant
impact.

No No No None Yes
b) Displace substantial
numbers of existing people
or housing, necessitating
the construction of
replacement housing
elsewhere?
Less than
significant
impact.

No No No None Yes
Discussion
a) According to the 2020 EIR, the GP does not determine the rate of growth in Desert Hot Springs; rather, it allocates growth as it occurs in accordance with the City’s policies for type, intensity, and location as set forth in the GPU. New development occurring in currently undeveloped areas would be required to expand infrastructure to serve their development, but such expansion would not occur on its own to induce growth. Therefore, physical impacts from increased population growth in itself are less than significant.

The project proposes the development of a multifamily residential community, consisting of 64 dwelling units and associated amenities, on approximately 4.35-net-acres north of Camino Campanero in Desert Hot Springs. The site is currently vacant and undeveloped.

Population
According to the Department of Finance (DOF) E-5 Population and Housing Estimates for Cities, Counties, and State, the City of Desert Hot Springs had a population of 32,654 people in 2024.

According to the 2020 EIR, the City is projected to grow to 88,476 by 2040 (including the City’s Sphere of Influence, 136,402 by 2040). The 64-unit project would increase the City’s population by 189 people utilizing the current 2.96 people per household.25 Therefore, the project would increase the City’s population to 32,843 people, which is below the projected population of 88,476. The proposed project is also on a site planned for growth based on its General Plan designation and zoning. The proposed project would not result in unplanned population growth. 25 Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and State, 2020-2024, https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-andthe-state-2020-2024/ Item Number: 4.

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Housing
According to the DOF, the City of Desert Hot Springs has 12,006 housing units in 2024. SCAG’s Connect SoCal Demographic and Growth Forecast Technical Report projects that the City would result in 17,900 households by 2035 and 24,600 households by 2050.26 The project proposes 64 residential dwelling units on a site where dwelling units are planned. The addition of these 64 units would not result in unplanned housing growth in the City.

As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts related to unplanned population or housing than those analyzed in the 2020 EIR. No additional analysis is required.
b) The 2020 EIR concluded that the GPU does not propose any policies that are intended to or that would indirectly result in displacement or demolition of any permanent or temporary residential structures, or otherwise result in displacement of people or businesses. Therefore, the impact was determined to be less than significant.

Currently, there are no dwelling units within the project site, and thus, no housing would be displaced.

As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to population and housing beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR. 26 Connect SoCal 2024, Demographics and Growth Forecast, April 2024 https://scag.ca.gov/sites/main/files/fileattachments/23-2987-tr-demographics-growth-forecast-final-040424.pdf?1712261839 Item Number: 4.

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Environmental Issue
Area
Conclusion in
Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New Analysis
or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XV. Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
Less than
significant
impact after
mitigation.

No No No MM PS-2 Yes
b) Police protection?
Less than
significant
impact.

No No No None Yes
c) Schools?
Less than
significant
impact.

No No No None Yes
d) Parks?
Less than
significant
impact.

No No No None Yes
e) Other public
facilities?
Less than
significant
impact.

No No No None Yes
Discussion
a) The 2020 EIR determined that new development may increase demand for fire protection and set forth MM PS-2, indicating that all projects are subject to CEQA review and must provide adequate fire prevention and emergency medical services. The 2020 EIR concluded that implementation of the mitigation measures would reduce impacts to a less than significant level.

The 2020 EIR notes that the County's response time goal is four minutes for the first engine in urban and suburban areas, though response times may vary depending on development patterns and station locations. Additionally, fire stations are typically evaluated at a benchmark of every 2,000 dwelling units to determine whether additional fire protection resources, such as new stations or apparatus, are necessary. As development occurs, new fire facilities will be constructed as needed to maintain an adequate level of service in the Planning Area. MM PS-2 requires all CEQA-reviewed projects to be evaluated for suAicient fire protection services, including response time adequacy. If it is determined that existing services are insuAicient, project-specific mitigation may be implemented to address service deficiencies.

According to the GPU, the proposed project would be served by Fire Station 37, located at 65958 Person Boulevard, approximately 2.3 driving miles north of the project site.27 Access points to the project site are proposed along Camino Campanero.
27 City of Desert Hot Springs General Plan. 2020. Mobility and Infrastructure Element. Fire Services.

Item Number: 4.

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The project proposes 64 dwelling units, which could increase the City’s population by approximately 189 residents, based on the California Department of Finance’s 2024 Population and Housing data, which estimates an average household size of 2.96 persons per unit in Desert Hot Springs. However, the proposed project would develop at a lower density than what was analyzed in the 2020 EIR and is therefore anticipated to have lower fire protection service demands. To ensure the project does not create significant impacts on fire protection services, the applicant will be required to comply with all applicable Fire Code requirements in the final building plans.

As the proposed project will be reviewed for consistency with these fire protection requirements and given that it is anticipated to have lower service demands than assumed in the 2020 EIR, it would not result in new or more severe environmental impacts beyond those previously analyzed. No additional analysis is required.
b) The 2020 EIR determined that the GPU would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection. If a new facility were to be built throughout the term of the GPU, it would need to comply with existing environmental regulations. Environmental review would identify site specific conditions and physical changes resulting from police station expansion and construction of new stations or substations. The 2020 EIR concluded that impacts would be less than significant.

The project site is located approximately 2.3 driving miles southeast of Desert Hot Springs Police Department at 65950 Pierson Boulevard and would therefore not require new police facilities to serve the proposed project. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to police protection services. The proposed residential development would not result in potential impacts that would be more severe than were analyzed in the 2020 EIR. Therefore, the proposed project would not introduce new impacts or create more severe impacts related to police protection services than those previously analyzed in the 2020 EIR. No additional analysis is required. c) The 2020 EIR determined that the GPU would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools. According to the 2020 EIR, the GPU anticipates generating 13,000 students in 2040. The 2020 EIR determined that, pursuant to State law, collection of fees by school districts is suAicient in mitigating any potential impacts to school facilities resulting from long-term growth in the community. The 2020 EIR concluded that impacts would be less than significant.

The nearest school is Bubbling Wells Elementary located at 67501 Camino Campanero, Desert Hot Springs, CA 92240, 0.8 driving miles east of the project site. The project site land use designation Item Number: 4.

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allows for the development of up to 30 units per acre. The proposed project would develop approximately 14.7 dwelling units per acre.

The development of 64 dwelling units could add approximately 11.85 students (0.1853 x 64 units) to PSUSD schools according to the Palm Springs Unified School District (PSUSD) Residential and Commercial/Industrial Development School Fee Justification Study. The GP has analyzed for a population increase that would be accounted for with the development of this project. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to school services. Therefore, the number of students generated by the buildout would not require additional analysis. Any proposed population increase associated with project is consistent with the projections of the General Plan and would not increase the new students anticipated in the 2020 EIR, the impacts of the proposed project would not be more severe than those analyzed in the 2020 EIR. No additional analysis is required. d) The 2020 EIR determined that the GPU would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for parks. The City would continue to collect development fees to pay for the costs of expanded park facilities. The GPU would not conflict with any park planning policies or hinder eAorts to maintain adequate recreational facilities and would not contribute to any adverse environmental eAects that may be associated with future park construction projects.

The nearest park is Mission Springs Park, located at 14510 Palm Drive, directly north of the project site.

The proposed population increase associated with the number of units is consistent with the projections of the General Plan. Therefore, the impacts of the proposed project would not be more severe than those analyzed in the 2020 EIR. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to parks.

Additionally, the proposed project would pay the applicable fees to the City to support the development and expansion of park facilities. Under Chapter 17.144 of the City’s Municipal Code, any person seeking to develop land within the City by applying for a building permit is required to pay the appropriate development impact fees established pursuant to Section 17.144.010. These fees are imposed on all building permits for development within the City to finance the cost of public facilities and improvements required by new development. The established development impact fees include contributions toward law enforcement facilities, vehicles, and equipment; fire suppression facilities and response vehicles; streets, bridges, and traAic signals; storm drainage facilities; general facilities, vehicles, and equipment; community (public use) center facilities; aquatic center facilities; and parkland acquisition and development. These fees ensure that necessary infrastructure and public services are maintained and expanded to accommodate growth. As such, the proposed project would not introduce new or more severe impacts related to parks than those previously analyzed in the 2020 EIR, and no additional analysis is required.

Item Number: 4.

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e) The 2020 EIR determined that the GPU would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for other public facilities. Impacts due to expansion or creation of library facilities will be considered and will be evaluated pursuant to CEQA. There are no federal, State, or local mandatory regulations that pertain to libraries and community facilities. Riverside County Library has a guideline of 0.5 square feet of library space per resident; the newly approved facility will bring the City into compliance with this guideline. Additionally, the City is encouraging a policy (HW-7.7 Library Partnerships) to examine a partnership between the library and PSUSD. Moreover, library services are increasingly being provided online and this trend is likely to continue. As such, existing guidelines based on floor space may not be as applicable in the future. Therefore, the 2020 EIR concluded that impacts would be less than significant.

The Desert Hot Springs Public Library, located at 11691 West Drive, is approximately 0.5 miles north of the project site. The proposed project would not induce unexpected growth in the City of Desert Hot Springs. The impact of the proposed project would not be more severe related to other public facilities, such as libraries, than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project MM PS-2 Project Review
All projects that are subject to CEQA review shall be evaluated to determine whether they can be provided adequate fire prevention and emergency medical services, including adequate response times. In the event that it is determined that adequate services cannot be provided, project-specific mitigation may be provided to oAset identified service deficiencies.

Conclusion
The proposed project would not create new or more significant impacts to population and housing beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion
in Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XVI. Recreation
Would the project:
a) Would the project
increase the use of
existing neighborhood and
regional parks or other
recreational facilities such
that substantial physical
deterioration of the facility
would occur or be
accelerated?
Less than
significant
impact.

No No No None Yes
b) Does the project
include recreational
facilities or require the
construction or expansion
of recreational facilities,
which might have an
adverse physical eAect on
the environment?
Less than
significant
impact.

No No No None Yes
Discussion
a) The 2020 EIR concluded that population increases in the City’s Planning Area over the long-term will result in additional use of existing City parks and recreation facilities, as well as parks and facilities owned by the Palm Springs Unified School District. However, requirements for new construction and maintenance of parks would be met by fees paid to the City of Desert Hot Springs. Therefore, impacts were determined to be less than significant.

The proposed project would not induce substantial population growth. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to recreational facilities. Therefore, the proposed project would not substantially increase the use of existing parks and recreation facilities.

Additionally, the proposed project would not introduce new parks and recreation impacts or create more severe park and recreation impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.
b) According to the 2020 EIR, the GPU would create the need for new or expanded recreational facilities because the projected population growth would result in an increase in service levels. Any environmental issues associated with the construction of potential new facilities would be subject to environmental review on a project-by-project basis pursuant to CEQA. In addition, the City has proposed policies and evaluated the feasibility of establishing active joint-use agreements with all private nonprofit organizations and schools that have recreation facilities, such as playfields and multi-purpose rooms. These joint-use agreements help the City reduce its parkland deficiency and improve recreation services in the City’s Planning Area over the term of the GPU. Improvements on Item Number: 4.

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recreation services would be met by fees paid to the City of Desert Hot Springs. With incorporation of the policies, recreational facility construction and expansion would result in a less than significant impact.

The proposed project includes private recreational facilities and would not induce substantial population growth. The impacts of construction of the project’s private recreational facilities are analyzed in each section of this document, as they are part of the project. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to recreational facilities. Therefore, the proposed project would not substantially increase the use of existing parks and recreation facilities.

Additionally, the proposed project would not introduce new parks and recreation impacts or create more severe park and recreation impacts than those previously analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts related to recreation facilities beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion in
Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes Involve
New or More
Severe Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of 2020
EIR?
XVII. Transportation
Would the project:
a) Conflict with a program plan,
ordinance or policy of the
circulation system, including
transit, roadway, bicycle and
pedestrian facilities?
Less than
significant
impact.

No No No None Yes
b) Would the project conflict or
be inconsistent with CEQA
Guidelines Section 15064.3,
subdivision (b)?
Less than
significant
impact.

No No No None Yes
c) Substantially increase hazards
due to a geometric design
feature (e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
Less than
significant
impact.

No No No None Yes
d) Result in inadequate
emergency access?
Less than
significant
impact.

No No No None Yes
Discussion
The analysis in this section is based on the TraAic Analysis conducted in November 2024 as well as the TraAic Study Exemption conducted in December 2024. These reports are provided in Appendix H.1 and H.2. a) The 2020 EIR determined that the General Plan Update (GPU) would result in potentially significant transportation impacts. To mitigate these impacts, MM TRANS-1 was included, requiring the preparation of a TraAic Study to ensure consistency with the GPU. Additionally, the GPU incorporates several policies aimed at funding and implementing transportation improvements to address potential deficiencies.

The LOS analysis in the 2020 EIR was conducted using the Riverside County Transportation Department's TraAic Impact Analysis Preparation Guide and default values from the Highway Capacity Manual (6th Edition). Roadway segment performance was evaluated based on volume-to-capacity ratios, correlated with LOS thresholds. The analysis considered three scenarios: Existing Conditions, 2040 Baseline Conditions (without the GPU), and 2040 conditions with the GPU. The Riverside Transportation Analysis Model (RivTAM) projected traAic volumes, supplemented by refinements using a Federal Highway Administration spreadsheet program. LOS D was identified as the minimum acceptable standard during peak periods; however, in all scenarios some roadway segments were projected to operate at unacceptable LOS levels. The GPU incorporates policies to improve multimodal transportation and mitigate traAic congestion, but uncertainties in funding and implementation may result in continued unacceptable LOS in some areas.

Item Number: 4.

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Given the uncertainty of timing of installation of roadway improvements, and because there may be physical constraints to expanding roadways as certain locations within the Planning Area, this would be considered a significant and unavoidable impact to roadway segment operations.

The 2020 EIR also evaluated alternative transportation, including pedestrian, bicycle, equestrian, and transit use. The GPU analyzed in the 2020 EIR would not significantly conflict with any adopted plan, program, or policy related to alternative transportation, including public transit, bicycle, or pedestrian facilities. Consistent with City practice, as specific development projects are proposed, the City would analyze impacts to the transportation system. Therefore, impacts related to a program, plan, ordinance, or policy conflict addressing transit, bicycle and pedestrian facilities are less than significant.

In compliance with MM TRANS-1, the proposed project conduced a TraAic Analysis as well as a TraAic Study Exemption. The results of the analysis determined that the proposed project would develop at a lower density than what was considered in the 2020 EIR, leading to lower impacts on transportation programs. The project-specific TraAic Study Exemption Memo concluded that a TraAic Study is not required as the project proposes fewer than 150 dwelling units. This exemption is based on the County of Riverside’s Transportation Analysis Guidelines for Level of Service (LOS) and Vehicle Miles Traveled (VMT) (December 2020).

Given the project’s lower density and the exemption determination, the proposed project would not introduce new or more severe impacts related to an applicable plan, ordinance, or policy governing the circulation system than those previously analyzed in the 2020 EIR. As such, no additional analysis is required.
b) The 2020 EIR projected a significant increase in VMT under the GPU, with annual VMT anticipated to grow from approximately 463 million miles in 2019 to over 1.64 billion miles by 2040, a 254% increase.

This growth is primarily driven by population expansion, projected to increase by 181% over the same period. While total VMT would rise substantially, the per capita VMT increase is expected to be more moderate, rising by 26% from 9,538 miles per person in 2019 to 12,026 miles per person in 2040. This information was provided in Section 4.8 Greenhouse Gases.

The GPU attributes a significant share of VMT to single-family residential land uses (43%) and regional shopping centers (24%). These estimates are conservative as they do not account for potential reductions in vehicle travel due to land use interactions (e.g., proximity of residential areas to commercial centers) or transit options (e.g., bus routes).

The 2020 EIR assessed traAic impacts using intersection delay methodology per the Highway Capacity Manual (6th Edition). This method considers traAic volume, movement distribution, composition, geometric characteristics, and signalization to determine average control delay and corresponding LOS.

At the time the 2020 EIR was prepared, the City of Desert Hot Springs had not adopted specific VMT thresholds for determining transportation impacts. Consequently, CEQA Guidelines Section Item Number: 4.

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15064.3(b), which requires VMT-based impact assessments, was not applicable to the GPU. However, for informational purposes, VMT data from the 2020 EIR is included.

The change in methodology for analyzing transportation impacts does not constitute significant new information requiring a supplemental EIR under CEQA (Concerned Dublin Citizens v. City of Dublin, 2013). New regulatory requirements do not automatically necessitate additional CEQA review unless they introduce significant new impacts not previously analyzed.

A VMT discussion is provided for informational purposes. A VMT Assessment Exemption Memo (Appendix J&I) by Trames Solutions Inc. confirms that the project is exempt from VMT analysis under the County of Riverside’s Transportation Analysis Guidelines (December 2020), as it consists of fewer than 150 multifamily residential units. The proposed project generates fewer trips than anticipated in the GPU; therefore, it would not increase traAic delay beyond what was disclosed in the 2020 EIR.

Therefore, the proposed project would not have a significant impact on VMT, and no mitigation measures are required. No additional analysis is required. c) According to the 2020 EIR, implementation of the GPU would result in additional development within the City; no specific development projects were included in the GPU or have been evaluated within the 2020 EIR. As is standard practice, the City would review all potential development proposals to evaluate hazards related to design features or incompatible uses. The 2020 EIR concluded that impacts would be less than significant.

The proposed project does not include changes that could potentially introduce new hazards associated with design features or incompatible uses. Consistent with the 2020 EIR, project development would comply with all regulations related to site design, and the proposed project would not alter the mobility enhancements proposed in the 2020 EIR. The proposed project would not introduce impacts or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.
d) The 2020 EIR determined that existing road access throughout the City would be maintained following development associated with the GPU. All individual projects associated with implementation of the GPU would be subject to review and approval by the City as well as the RCFD, including for emergency access and construction related to utilities and other infrastructure. The 2020 EIR concluded that impacts would be less than significant.

Consistent with the 2020 EIR, development of the proposed project would comply with all fire codes and regulations related to emergency access. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Item Number: 4.

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Conclusion
The proposed project would not create new or more significant impacts to transportation beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue
Area
Conclusion
in Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New Analysis
or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XVIII. Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a i) Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k), or
Less than
significant
impact.

No No No None Yes
a ii) A resource
determined by the lead
agency, in its discretion
and supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1. In applying the
criteria set forth in
subdivision (c) of Public
Resource Code Section
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.

Less than
significant
impact.

No No No None Yes
Discussion
The findings of this section of the Addendum/15168 Checklist are based on the findings of the project-specific Phase I Cultural Resources Assessment (Phase I CRA) prepared by Materials Culture Consulting (MCC) on December 23, 2024 (Appendix D).
a i) The 2020 EIR determined that known archaeological materials associated with the previous occupation of the City have the potential to contribute to cultural and scientific information. The General Plan Planning Area has not been formally surveyed for Tribal Cultural Resources (TCRs) or archaeological resources associated with TCRs which could result in the destruction/loss of resources during the development of project activities. Excavation associated with proposed development projects within the GPU areas on the surface and subsurface have the potential to damage or destroy TCRs or archaeological resources associated with TCRs, which could result in potentially significant impacts. The 2020 EIR indicated that GPU Policies OS-8.5, Archaeological Resources, which require Item Number: 4.

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archaeological surveys during the developmental review process to determine if significant resources are present, and OS-8.6, Cultural Resources, which requires all development and redevelopment proposals consider cultural resources and may require cultural resource studies (including subsurface investigations). Implementation of Policy OS-8.5 and OS-8.6 ensure that there is no substantial change in the significance of TCRs.

As discussed above, no previously recorded resources were identified in the project area. A request for a Sacred Lands File search was submitted to the Native American Heritage Commission (NAHC) on November 18, 2024. On December 9, 2024, the NAHC responded and indicated that the results of the Sacred Lands File search were negative for known cultural resources within the vicinity of the project area. No resources were found to be listed in the catalog of CHLs. There are no previously recorded resources located within the project boundaries, however, the records search identified two (2) previously recorded cultural resources within a 1-mile radius of the project site. Available aerial imagery shows no historical-period structures within the project area.

As such, no eligible or potentially eligible TCRs will adversely be aAected by the proposed project. In compliance with Policy OS-8.6, implementation measures OS-8.6b and OS-8.6c would continue to ensure that TCRs, if encountered during ground disturbance activities within the project site, are not disturbed.

Moreover, implementation of OS-8.6d, OS-8.6e, and OS-8.6f are recommended to reduce the already less than significant potential impacts to tribal cultural resources. Implementation measure OS-8.6d requires that the landowner relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. As required by Public Resources Code Section 21084.3 and CEQA Guidelines Section 15126.4(b)(3) all sacred sites, should they be encountered within the project area, be avoided and preserved as the preferred mitigation, if feasible. Implementation measure OS8.6e recommends that if inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources.

Finally, implementation measure OS-8.6f requires that the project archeologist prepare a final archaeological report within 60 days of completion of the project.

The proposed project would comply with applicable 2020 EIR and State policies related to tribal cultural resources. Therefore, the proposed project would not introduce environmental impacts to tribal cultural resources listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. a ii) The 2020 EIR also indicated that projects would comply with existing laws and regulations pertaining to Assembly Bill (AB) 52 and Senate Bill (SB) 18. For the 2020 EIR, the City sent tribal consultation letters to seven tribes. As a result, four consultation requests were received from the Twenty-Nine Palms Band of Mission Indians, the Soboba Band of Luiseño Indians, the San Manuel Band of Mission Indians, and the Agua Caliente Band of Cahuilla Indians. Tribal consultation concluded with the Soboba Band of Luiseño Indians and the San Manuel Band of Mission Indians. However, during the Item Number: 4.

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release of the 2020 EIR on February 14, 2020, consultation eAorts with the Agua Caliente Band of Cahuilla Indians and the Twenty-Nine Palms Band of Mission Indians were ongoing. There are two TCRs that have been identified within the General Plan Planning Area, however, pursuant to Public Resources Code Section 15130 (b)(1) no proposed projects within the General Plan Planning Area would have impacts to the identified TCRs. The GPU established two policies (OS-8.5 Archaeological Resources and OS 8.6 Cultural Resources) that require all properties that are being proposed for development (under the GPU) address the potential for subsurface deposits (related to TCR) and require individual cultural resource studies (including subsurface evaluations).

The findings of the project-specific Phase I CRA determined that the California Register of Historical Resources, local registers of historic resources, a records search conducted at the SCIC, a Native American Heritage Commission (NAHC) Sacred Lands File search failed to identify any listed TCRs that may be adversely aAected by the development of the project site. Sacred Lands or Tribal Cultural Resources are not known within the project area or within a mile of the project area. The NAHC provided contact information for 30 Native American tribal representatives.

Pursuant to SB 18, tribal representatives were contacted for information about the project site and received six responses from Native American Tribes or individuals. Responses were received by the Aqua Caliente Band of Cahuilla Indians (ACBCI), San Manuel Band of Mission Indians, Augustine Band of Cahuilla Indians, Fort Yuma Quechan Indian, Soboba Band of Luiseno Indians, and Cahuilla Band of Indians. The ACBCI was the only tribe to request formal government to government consultation.

The ACBCI stated that they are unaware of any cultural resources at or near the project site but stated that the project is within their traditional land and included requests from the ACBCI Tribal Historic Preservation OAicer (THPO). The ACBCI made the following requests:
• A cultural resources inventory of the project area by a qualified Archaeologist prior to any development activities in this area.
• 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.
• The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) (or any other approved monitor requested by the Tribes) during any ground disturbance 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 OAicer and the Agua Caliente Tribal Historic Preservation OAice.
• The presence of an archaeologist that meets the Secretary of the Interior’s standards during any ground disturbing activities.
• The ACBCI THPO be contacted to participate in the field survey for this project. • The ACBCI THPO be contacted by the lead agency (Desert Hot Springs) to consult on the project.

The responses from the San Manuel Nation (formally the San Manual Band of Mission Indians), Augustine Band of Cahuilla Indians, Fort Yuma Quechan Indian, Soboba Band of Luiseno Indians, and Item Number: 4.

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Cahuilla Band of Indians did not indicate that specific cultural or tribal resources are within the project site or vicinity.

In a letter dated February 14, 2025, the ACBCI stated that they reviewed the documents provided by the City and requested the following:
• Formal government to government consultation under California Assembly Bill No. 52. • Formal government to government consultation under California Senate Bill No. 18. • A meeting with the lead agency to discuss the protection of cultural resources for the project.

Formal government to government consultation per AB 52 and SB 18 occurred on February 19, 2025.

In a follow-up letter dated March 20, 2025, the ACBCI requested the following:
• The EIR to specify that an ACBCI Native American cultural monitor will be on site during ground disturbance.
• The EIR shall include California Public Resources Code 5097.98.

Per ACBCI’s request, the presence of an ACBCI Native American cultural monitor during ground disturbing activities is included in Policy OS-8.6 Implementation Measure (see below). Moreover, California Public Resources Code (PCR) Section 5097.98 is included in discussion c) in Section V, Cultural Resources, of this environmental document. California PRC Section 5097.98 addresses the disposition of Native American burials, and the protection of these remains. The project is required to comply with California PRC Section 5097.98. Per discussion c), implementation of Section 5097.98 of the PCR will result in less than significant impacts to human remains. With the inclusion of ACBCI’s requests, the City and ACBCI concluded consultation (per a letter from ACBCI dated March 24, 2025).

The proposed project would comply with applicable 2020 EIR and State policies related to cultural resources. Therefore, the proposed project would not introduce environmental impacts to a tribal cultural resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Policy OS-8.6 Implementation Measures
OS-8.6b The development of an inadvertent discovery plan to expediently address archaeological and/or tribal cultural resource discoveries should these be encountered during any phase of development associated with the project. In the event these resources are inadvertently discovered during ground-disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist. Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as data recovery Item Number: 4.

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excavation, may be warranted and would be discussed in consultation with the appropriate tribe and the City.

OS-8.6c The City requires the presence of an ACBCI Native American Cultural Monitor and an archaeological monitor shall also be present to observe all ground disturbing activities and earthmoving activities, and help determine the significance of any potential inadvertent discoveries in a collaborative manner with the Tribe(s) and Lead Agency (i.e., City) for the project. The City will have the ultimate say and act on good faith pursuant to 14 CCR, Section 15003 (i) on what constitutes a significant find, with input from the Lead Archaeologist and Tribal representatives.

OS-8.6d The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition.

OS-8.6e All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible.

OS-8.6f If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources. Once consultation has occurred, the project archaeologist shall provide the final determination for the cultural resource(s) and mitigation for such resources. The archeologist shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and the religious beliefs, customs, and practices of the Tribe.

OS-8.6g The Project Archeologist shall prepare a final archaeological report within 60 days of completion of the Project. The report shall follow ARMR Guidelines and City requirements and shall include at a minimum: a discussion of the monitoring methods and techniques used; the results of the monitoring program including any artifacts recovered; an inventory of any resources recovered; updated DPR forms for site(s) identified; final disposition of the resources; and any additional recommendations. A final copy shall be submitted to the City, Project Applicant, the South Coastal Information Center (SCIC) and the Tribe.

Conclusion
The proposed project would not create new or more significant impacts to tribal cultural resources beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue Area
Conclusion in
Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of 2020
EIR?
XIX. Utilities and Service Systems
Would the project:
a) Require or result in the relocation
or construction of new or expanded
water, wastewater treatment or
stormwater drainage, electric
power, natural gas, or
telecommunications facilities, the
construction or relocation of which
could cause significant
environmental eAects?
Less than
significant
impact with
mitigation
incorporated.

No No No MM UTL-1 Yes
b) Have suAicient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry
and multiple dry years?
Less than
significant
impact with
mitigation
incorporated.

No No No MM UTL-1 Yes
c) Result in a determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate
capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments?
Less than
significant
impact.

No No No No Yes
d) Generate solid waste in excess of
State or local standards, or in
excess of the capacity of local
infrastructure, or otherwise impair
the attainment of solid waste
reduction goals?
Less than
significant
impact.

No No No No Yes
e) Comply with federal, State, and
local management and reduction
statutes and regulations related to
solid waste?
Less than
significant
impact.

No No No No Yes
Discussion
a-b) Water
Per the 2020 GP EIR, implementation of full buildout of the GP would likely result in both new and expanded water supply and distribution facilities. All future developments would be required to undergo environmental reviews to determine their specific projects’ water demand at the time of their proposal. The population projection for the City’s Planning Area in 2040, under the GPU, is 136,402.

Under the GPU in 2040, it is anticipated that 12,779 (approximately 9%) of the City’s Planning Area would be served by CVWD while the remainder (123,623) would be served by MSWD. The 2020 EIR utilized MSWD 2015 Urban Water Management Plan (UWMP) The MSWD 2015 UWMP assumes the per capita gallons per day rate would be reduced to 164.5 GPCD. This would result in approximately 20.3 Item Number: 4.

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mgd (or approximately 22,800 AFY) consumption. The MSWD anticipates a supply of 19,000 AFY in 2040 (according to the 2015 UWMP); and was approximately 3,800 AFY above anticipated supply.

Project
Water to the proposed project will be provided by Mission Springs Water District via project constructed connections and laterals from an existing 12-inch water main line along Camino Campanero. Water laterals would extend from the existing water main to the development. The infrastructure and design components for the project will be consistent with the MSWD requirements and the Regional Urban Water Management Plan (RUWMP). The project will be further reviewed by the City and MSWD staA to ensure compliance with all current and applicable water eAiciency requirements. No new oA-site water facilities are required as a result of project development.

MSWD has participated in the 2020 Coachella Valley Regional Urban Water Management Plan (RUWMP) for its reporting requirements for 2020. The 2020 RUWMP has a projected water use of 11,504 AFY by 2040 and 12,494 AFY by 2045. With recent groundwater basin management eAorts presented in the 2020 RUWMP, the historical groundwater supply availability during multiple dry year periods is assumed to be fully reliable and an accurate assumption for future reliability. As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to water facilities.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to water service facilities. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.

Wastewater
According to the 2020 EIR, the GPU would result in new and expanded wastewater treatment facilities with full buildout. Currently, the City has a substantial number of households not connected to the municipal sewer system. At the time of writing for the 2020 EIR, the new MSWD Regional Water Reclamation Facility (RWRF) was still under design and construction. The 2020 EIR utilized MSWD per capita wastewater generation rate of 84.8 gpd with a projected population for the Planning Area of 136,142 people in 2040. The 2020 EIR states that if all the General Plan Planning Area was transitioned to sewer systems at this time, the amount of wastewater treatment capacity necessary for the area would be 11.54 mgd. This amount would have been more than the current capacity but within the overall projected build out of the proposed RWRF (20.0 mgd.) The RWRF is now fully operational and may be relied on for GPU build out capacity.

MSWD is the provider of wastewater to the project site. The project will extend a sewer main to connect to an existing 8” sewer line at the corner of Camino Campanero and Avenida Descanso and run laterals to serve the development. OAsite improvements are expected to have less than significant impacts since they would occur in existing paved roads disturbed by vehicle and pedestrian use.

As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to wastewater facilities.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to wastewater service facilities. The proposed project would not result in potential Item Number: 4.

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impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.

Stormwater
The 2020 EIR determined that development within the City’s Planning Area would result in an increase in impermeable surfaces leading to the potential for increased stormwater runoA. The City’s Municipal Code requires stormwater to be managed on-site through increasing and directing runoA to permeable areas and requiring the developer to consider drainage and flooding concerns. Additionally, the City is a co-permittee on the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) Permit which requires BMPs to minimize the impact of new developments and re-developments in the City’s Planning Area. Overall, the impact on stormwater due to development under the GPU is less than significant due to existing regulations and permits and implementation of proposed GPU policies.

The proposed site is undeveloped and 100% pervious in its existing condition. The site is bound by public streets to the south, vacant land to the west, soccer fields to the north, and single-family residential homes to the east. A sub-grade retention vault is proposed at the southern edge of the site to collect and infiltrate storm run-oA generated during the 100-year 24-hour design storm per City of Desert Hot Springs drainage ordinance requirements.

The site is subject to oA-site run-on storm water flows from the undeveloped area to the west, soccer fields to the north, as well as flow from Camino Campanero from the south. Flows discharge the site via the gutter of Camino Campanero at the southeast corner of the site. In the proposed condition, oAsite flows are proposed to be collected via concrete ditches and bypassed around the site and discharged to the proposed curb on the Camino Campanero frontage street improvements.

Since there are no existing storm water facilities in the area, the on-site retention is necessary, but no impact on City or regional storm water facilities will occur. As a standard requirement, the project is obligated to meet the City’s requirements by demonstrating that the incremental increase in runoA due to development can be adequately retained on-site. The project provides facilities to retain the entirety of the controlling 100-year, 24-hour storm event, therefore adequately meeting or exceeding the City’s stormwater retention ordinance. As a result, the project will not result in oA-site discharges of urban runoA within the design condition and the construction of storm water facilities will not result in new environmental impacts. As required by the MS4 Permit, the project will prepare a Water Quality Management Plan. Implementation of the plan will ensure that all stormwater flows are treated for contaminants onsite by capturing and infiltrating the “first flush” of urban runoA in the proposed onsite storm drain system. Infiltration is the most common treatment utilized in low impact development to remove contaminants from urban runoA prior to flows reaching an aquifer and/or impacting groundwater quality. Only runoA quantities resulting from a larger magnitude storm, such as a force majeure or natural disaster event beyond the City’s engineering standards, would be allowed to be conveyed oA-site and will have been pretreated prior to release.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to stormwater facilities. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.

Item Number: 4.

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Electric Power and Telecommunications
According to the 2020 EIR, there are no plans to relocate or expand electric power, natural gas, and telecommunication facilities. However, implementation of the GPU analyzed in the 2020 EIR would lead to demand driven expansion of facilities and, subsequently, development analyzed in the 2020 EIR would be subject to environmental review at the time of proposal. These facilities are provided by private organizations, and the infrastructure would be covered by service fees. Impacts would be less than significant.

The proposed project would be served with electricity provided by SCE and would connect to existing power lines adjacent to the site. Consistent with the 2020 EIR’s analysis, the proposed aAordable housing project would be designed in accordance with Title 24, California’s Energy EAiciency Standards for Residential Buildings. These standards include minimum energy eAiciency requirements related to building envelopes, mechanical systems (e.g., heating, ventilation, and air conditioning [HVAC] and water heating systems), and indoor and outdoor lighting. The incorporation of the Title 24 standards into the design of the proposed project would comply with existing State energy standards and with energy conservation policies contained in the General Plan. The project will connect to existing facilities in the adjacent right of way, no construction of new major oAsite electrical infrastructure will be required. Prior to occupancy, developers will be required to coordinate with SCE regarding on-site improvements. As such, the proposed project would not conflict with State or local renewable or energy eAiciency objectives. Impacts would be less than significant.

The project is located within Frontier’s and Charter Communications’ service area for telecommunications. The project will tie into the existing cable, telecommunications lines located along Indian Canyon Drive. The project will not require or result in the relocation or construction of new or expanded telecommunication facilities.

The project will not require or result in the relocation or construction of new or expanded oA-site water, wastewater, storm water drainage systems, electric or telecommunication facilities since they are all located in the street adjacent to the project site and have suAicient capacity to serve the project.

Communication between the project and the service providers during the project’s construction and connection to existing facilities will occur throughout project development. Impacts would be less than significant.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to utility service facilities. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.
b) The 2020 EIR states the GPU is anticipated to require more water that is currently identified in the 2015 MSWD UWMP. The shortfall is anticipated to occur near the end of the Planning Horizon. It is stated that further conservation eAorts and/or increased supply (from recycled water or other sources) may provide additional water supply to account for the anticipated growth under the GPU. The 2020 EIR found impacts to the water supply as potentially significant. Mitigation Measure ULT-1 indicates that projects will not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP.

Item Number: 4.

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MSWD provides potable water to the City. Groundwater is the primary source of domestic water supply in the Coachella Valley. MSWD’s Regional Urban Water Management Plan (2020) has been developed to assist the agency in reliably meeting current and future water demands in a cost-eAective manner.

The comprehensive Water Management Plan guides eAorts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. The RUWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet existing and future urban water demands. According to the RUWMP, MSWD baselines and targets were not adjusted in preparation of the RUWMP, so the updated plan remains consistent with the 2020 EIR.

As previously discussed above, the project site is currently zoned for residential use and is undeveloped. The project includes construction of four, two-story housing buildings (64 multi-family aAordable residential units) and a single-story leasing/amenity building. Water to the proposed project will be provided by Mission Springs Water District via project constructed connections and laterals from an existing 12-inch water main line along Camino Campanero.

MSWD’s long-term water management planning ensures that adequate water supplies are available to meet existing and future water needs within its service area by assessing the reliability of water sources over a 20-year planning horizon every 5-years through their UWMP.

As shown in Table 10, MSWD Projected Urban Water Supplies, MSWD’s current urban water demand by 2025 is 8,996 and by 2045 is 17,495 AFY. This Project’s water demand of 70.30 AFY accounts for approximately 0.07 percent of the total planned increase in demand of 8,996 AFY by 2025 and 0.04 percent of the total planned increases in demand of 17,495 AFY by 2045.

Table 10: MSWD Projected Urban Water Supplies
Projected Water Supply (AFY)
Water Supply Additional Detail
on Water Supply 2025 2030 2035 2040 2045
Groundwater All Subbasins 8,996 9,754 10,513 11,504 12,495 Recycled Water 0 1,210 2,200 3,600 5,000
Total 8,996 10,964 12,713 15,104 17,495
Source: 2020 Coachella Valley Regional Urban Water Management Plan Based on this information, MSWD has suAicient water supplies to meet the demands of the project, as well as future demands of the project plus all forecasted demands in the next 20 years. MSWD currently receives 100 percent of its water supply from groundwater production and does not purchase imported water from a water wholesaler. However, CVWD and DWA are remediating the overdraft condition of the groundwater in the Upper Coachella Valley by replenishment with Colorado River and State Water Project (SWP) Exchange water from Metropolitan Water District of Southern California (MWD). The Mission Creek Subbasin Management Area contains two areas of benefit (AOBs): the CVWD Mission Creek Subbasin AOB and the DWA Mission Creek Subbasin AOB. In calendar year (CY) 2022, total assessable production in the management area was 13,751 acre-feet (AF), a decrease of 3 percent from 2021. The assessable production in CVWD’s Mission Creek Subbasin AOB was 4,390 AF, which was approximately 32 percent of total production within the management area. Since 2003, Item Number: 4.

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groundwater levels have risen and stabilized throughout the Mission Creek Subbasin, which is evidence that implementation of the groundwater replenishment programs (GRP) has eAectively abated historical overdraft. Continued artificial replenishment is necessary to sustain these levels and prevent a return to overdraft in the future. As part of the program, the Sustainable Groundwater Management Act (SGMA) requires plan updates to the Indio Subbasin Water Management Plan every 5 years to track recharge success. The next plan update will be required in 2027. The GRP will further ensure that a suAicient supply of groundwater is available for the project.

The project will abide by Mission Spring Water District Water EAicient Landscaping Guidelines. The intent of the MSWD Landscape Guidelines is to promote water conservation through climateappropriate plant material and eAicient irrigation practices and comply with the State of California’s Water Conservation in Landscaping Act. The Landscape Guidelines apply to all new and rehabilitated landscapes for private, recreational and commercial developments, including single or multifamily housing developments, and residential infill.

The Uniform Building Code (Chapter 18.52) also establishes landscape regulations to enhance the appearance of the community, establish buAers between abutting land uses and public rights-of-way, reduce heat and glare, control soil erosion, provide for the conservation and safeguard of water resources and ensure compliance with all state-mandated water conservation regulations through the eAicient use of water and appropriate use of plant materials, and ensure the ongoing maintenance of landscape areas. The project will be required to implement water conservation measures to reduce impacts to the public water supply per existing requirements. Therefore, impacts to water supplies will be less than significant.

As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to water supplies.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to water use. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required. c) The 2020 EIR states that the development of the Regional Wastewater Treatment Plant (RWWTP) would help to increase capacity at the Horton WWTP by diverting a portion of the existing served areas to the proposed RWWTP. The new RWWTP facilities will be developed to accommodate future expansions and upgrades to produce eAluent to meet recycled water standards, when proposed by MSWD. Doing so will maximize future water resources within the MSWD service area by providing a source of water that can be directly used to oAset potable water demand for landscape irrigation within the District’s service area (Dodson, 2019). As discussed previously, the Planning Area wide generation rates in the GPU, as shown in 4.19(a) would result in 11.54 mgd of wastewater (within the RWWTP buildout capacity of 20 mgd).

The EIR further states that the City would continue to coordinate and encourage eAorts for production and use of recycled water to increase water supply and conservation. The City has proposed GP policies (Policy MI-14 Wastewater and MI-15 Wastewater Service Consultation) to require developers to consult with providers regarding adequate supply and pay their share of costs for localized wastewater infrastructure upgrades to ensure that service levels are met.

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MSWD provides water and wastewater service throughout the northern portion of the Coachella Valley and is the provider of wastewater to the project site. The District operates and manages the Horton Wastewater Treatment Plan (HWWTP), the Desert Crest Wastewater Treatment Plant, and the Regional Water Reclamation Facility (RWRF). The Horton WWTP has a capacity of 2.3 million gallons per day (MGD). The plant uses an extended aeration process for treatment and disposes of the secondary wastewater, which is not disinfected, in adjacent percolation/evaporation ponds. The average daily flow metered to the plant in 2020 was 2.0 MGD. The Desert Crest Wastewater Treatment Plant has a capacity of 0.18 MGD and serves a country club development and mobile home park. The average daily flow to the plant in 2020 was metered at 0.05 MGD. The RWRF has the capacity to treat 1.5 MGD and divert some of the wastewater going to the existing HWWTP. Data on average flow is not yet available, since the plant recently came online in fall of 2024.

In its initial phase, the RWRF will use a sequence batch reactor process for treatment and disposal of the secondary wastewater, which is not disinfected, in adjacent percolation/evaporation ponds located within the plant over the Garnet Hill Subarea. Located north of Interstate 10, near 20th Avenue and Little Morongo Road in Desert Hot Springs, the new facility will treat an additional 1.5 million gallons of wastewater per day. The facility will also support the addition of tertiary treatment in the future, providing recycled water to enhance the region's water conservation eAorts.

The project is proposing to extend connections to an existing 8-inch sewer line along the project frontage that would collect flow from the development and convey it to the project site. The proposed project is estimated to generate wastewater at 12,800 GPD or 0.01 MDG, which is 5 percent of the HWWTP plant’s capacity of 2.3 MGD and 0.6 percent of the RWRF plant’s capacity.

The project’s final engineering plans will undergo additional review by the City and Mission Springs Water District to ensure compliance with all current and applicable requirements. As demonstrated above, the project is not expected to exceed the City’s wastewater capacity demand and impacts are less than significant.

As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to wastewater capacity.

Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to wastewater. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required. d-e) Solid waste and recycling services in the City of Desert Hot Springs are provided by Desert Valley Disposal (DVD). The 2020 EIR determined that the Planning Area is expected to accommodate more residential, commercial, mixed use, industrial, public uses, and open space/recreation land uses. In 2040, the Planning Area is projected to have a population of 136,402. The new net amount of waste generated annually within the City in 2040 (88,476 residents X 4.2 lbs. per person per day) would be approximately 371,600 pounds per day (or approximately 68,000 tons per year.) The population is anticipated to be 47,926 in the SOI resulting in the following waste generation rate: (47,926 X 5.6 lbs. per day = 268,386 lbs. per day or approximately 49,000 tons per year). Combined, the General Plan Planning Area is anticipated to generate 117,000 tons per year of solid waste.

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Relative to the proposed project, using a standard solid waste generation rate for multifamily housing, provided by CalRecycle, of 3.6 lb./unit/day, the proposed project would generate 230.4 lbs. per day (84,096 lbs. per year or approximately 38.15 tons per year). This would represent a net reduction of 116,961.85 tons per year compared to what the 2020 EIR estimated. The project is not anticipated to generate solid waste in excess of State or local standards. As such, the proposed project would not introduce new environmental impacts or create more severe environmental impacts than those analyzed in the 2020 EIR.

Solid waste and recycling collected from the City is taken to the Edom Hill Transfer Station. This transfer station is permitted to receive 3,500 tons per day (tpd) and currently processes over 1,900 tons per day. Residual waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Landfill and the Lamb Canyon Sanitary Landfill. The Badlands Landfill has a permitted daily capacity of 5,000 tons per day and an estimated total capacity of 82,300,000 cubic yards with a remaining capacity of 7,800,00 cubic yards. As part of its long-range planning and management activities, the Riverside County Department of Waste Resources ensures that Riverside County has a minimum of 15 years of capacity at any given time for future landfill disposal. The 15-year projection of disposal capacity is prepared every 5 years as part of the reporting requirements for the Countywide Integrated Waste Management Plan. The most recent Review Report was published in 2023 by the Riverside County Department of Waste Resources and indicates that the regional landfills have suAicient capacity to dispose of countywide waste through the next 15 years, with a remaining disposal capacity of 28,561,626 tons in the year 2024. Therefore, the project would be served by a landfill with suAicient capacity.

All future developments would be subject to waste diversion measures required by the city. Every covered project is required to divert a minimum of fifty percent (50%) with a goal of seventy percent (70%) of the construction and demolition debris resulting from that project. This follows State and local statutory goals and policies implemented by GP Policy MI-11.12 Minimize Solid Waste Streams, which aims to reduce the solid waste taken to landfills through recycling eAorts, waste diversion, and zero waste programs. GP Policy MI-11.5 Development Impacts requires new development, intensification of existing developments to adequately assess and mitigate any impacts on utility services. Therefore, the project would be served by a landfill with suAicient capacity.

The project will comply with all applicable solid waste statutes, policies and guidelines. DVD abides by Assembly Bill 341 which is a legislative declaration that it is the policy goal of the State of California that not less than 75% of solid waste generated be reduced, recycled, or composted by the year 2020.

Future projects will be required to arrange for DVD collection of recycled material and supply and allow access to an adequate number, size and location of collection containers with suAicient labels or colors for employees, contractors, tenants, and customers, consistent with City’s collection services. The California Green Building Standards Code (CalGreen) applies to all cities in California, and mandates that all new building construction develop a waste management plan that includes diversion of at least 65% of construction and demolition material from landfills, through recycling and/or reuse. There are no impacts relative to applicable solid waste regulations. No additional analysis is required.

As mentioned, the project proposes to develop at a lower density than what was accounted for in the 2020 EIR and would therefore be anticipated to result in lower impacts relative to solid waste.

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Consistent with the 2020 EIR, development of the proposed project would comply with all codes and regulations related to solid waste. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project MM UTL-1 Developments, under the GPU, that will be served by local utility providers, will not be approved if they increase water use in excess of what is identified for supply in 2040 under the most recent UWMP.

Conclusion
The proposed project would not create new or more significant impacts to utilities and service systems resources beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR.

Item Number: 4.

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Environmental Issue
Area
Conclusion in
Desert Hot
Springs
General
Plan EIR
Do the
Proposed
Changes
Involve
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XX. Wildfire
If located in or near State Responsibility Areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair
an adopted emergency
response plan or
emergency evacuation
plan?
Less than
significant. No No No None Yes
b) Due to slope,
prevailing winds, and
other factors, exacerbate
wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire?
Less than
significant. No No No None Yes
c) Require the
installation or
maintenance of
associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Less than
significant. No No No None Yes
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoA, post-fire slope
instability, or drainage
changes?
Less than
significant. No No No None Yes
Discussion
a) According to the 2020 EIR, SRAs and Very High Fire Severity Zones (VHFSZ) are present in the northern and western portions of the General Plan Planning Area. According to the 2020 EIR, the City has adopted a policy to maintain and update the City’s EOP to stay current with staAing and technical capabilities of the City and cooperating agencies. Implementation of the GPU would require the City to comply with policies within the Safety and Noise Element relating to the goal of providing a high level Item Number: 4.

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of fire protection services for the community, and adequately addressing wildfires. Impacts were determined to be less than significant.

The proposed project site is not located in a Fire Hazards Severity Zone or a VHFHSZ as mapped by CAL FIRE28,and the site is not located in an SRA. The proposed project is not in an area identified in the 2020 EIR as a VHFHSZ. The closest VHFHSZ is approximately 2.4 miles northeast of the project site.

As such there would be no impacts from the proposed project.

The proposed project does not include changes that could potentially interfere with emergency response, access, or evacuation. Consistent with the 2020 EIR, any development in the City would have to comply with all fire codes and policies related to emergency access. Therefore, the proposed project would not introduce impacts or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.
b) According to the 2020 EIR, steep slopes (>10 percent) and VHFSZ are present in the northern and western portions of the City’s Planning Area, as shown on 2020 EIR Exhibit 4.20.1, Wildfire Map. The City has adopted policies to safeguard against wildfires in these areas. Compliance with General Plan policies and City guidelines will reduce these impacts to a level of less than significant.

The project site is flat with slopes ranging from 0-9 percent. As shown on 2020 EIR Exhibit 4.20.1, the proposed project is not located in an area with >10 percent slopes. The project site is not located in a Fire Hazards Severity Zone or a VHFHSZ as mapped by CAL FIRE29, and the site is not located in an SRA. The closest VHFHSZ is approximately 2.4 miles north of the project site. The nearest air monitoring station that measures meteorological data is the Palm Springs–Fire Station, approximately

6.4 miles southwest of the project site. The station recorded that the maximum wind speed is 16.0 mph.30 While winds can reach speeds that could spread wildfires, the project site and surrounding area do not embody conditions that would exacerbate a wildfire. Therefore, impacts would be less than significant. Therefore, the proposed project would not introduce impacts or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

c) According to the 2020 EIR, SRAs and VHFSZ are present in the northern and western portions of the Planning Area. Within these areas, implementation of the GPU may include the extension/installation, utilities, roads and other infrastructure facilities, fire breaks around new buildings and maintenance of existing roads in accordance with City Policies (SN-1.23 Fire Risk Pre-Plans and SN-1.24 Roadside Fuel 28 California Department of Forestry and Fire Protection (CAL FIRE). Fire Hazard Severity Zone Maps. Desert Hot Springs; Very High Fire Hazard Severity Zones in LRA. Website: Map of CAL FIRE’s Fire Hazard Severity Zones in Local Responsibility Areas – Desert Hot Springs. Accessed, August 5, 2021.
29 California Department of Forestry and Fire Protection (CAL FIRE). Fire Hazard Severity Zone Maps. Desert Hot Springs; Very High Fire Hazard Severity Zones in LRA. Website: Map of CAL FIRE’s Fire Hazard Severity Zones in Local Responsibility Areas – Desert Hot Springs.
30 California Air Resources Board (ARB). 2021. Palm Springs–Fire Station. Website:
https://www.arb.ca.gov/aqmis2/display.php?year=2024&mon=5&day=4&site=2199&hours=all&o3switch=new&units=01 2&ptype=met&param=WINSPD&report=SITE31D&statistic=DAVG&order=&btnsubmit=Update+Display Item Number: 4.

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Reduction Plan). Compliance with the GPU policies and City guidelines will reduce impacts to less than significant.

As previously stated, the project site is not located in a Fire Hazards Severity Zone or a VHFHSZ as mapped by CAL FIRE, and the site is not located in an SRA. The project will build out the Camino Campanero frontage, as required by the City, and connect to existing utilities. Buildings will be developed in compliance with fire code and will be reviewed by the City and Fire Department. The project would not require the maintenance of infrastructure that may exacerbate fire risk, since fires are not anticipated that the project site. Therefore, the proposed project would not introduce impacts or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required. d) According to the 2020 EIR, SRAs and VHFSZ are present in the northern and western portions of the Planning Area. The City has adopted policies and included a policy in the GPU to expand the Desert Hot Springs MDP to address drainage and flooding concerns related to development within the Mission Creek and Morongo Wash drainage areas (SN-7.4 Master Drainage Plan). Implementation of the GPU may result in significant risk as a result of runoA or post-fire slope instability. Compliance with GPU policies and City guidelines would reduce these impacts to a level of less than significant.

As mentioned above, the project site is flat with slopes ranging from 0-9 percent. However, the project site is located in an area of liquefaction along with the majority of the City31. Consequently, although the site soils may be the type of soils that would be susceptible to liquefaction, the deep groundwater at the site makes it so that liquefaction and liquefaction-related seismic hazards are not design considerations for the project. The proposed project would not result in potential impacts that would be more severe than were already analyzed in the 2020 EIR. Therefore, the site is not at risk to landslides due to runoA, post-fire slope instability, or drainage changes. Impacts would be less than significant. Therefore, the proposed project would not introduce impacts or create more severe impacts than those analyzed in the 2020 EIR. No additional analysis is required.

Relevant 2020 EIR Mitigation Measures that Apply to the Proposed Project None required.

Conclusion
The proposed project would not create new or more significant impacts to wildfire beyond what was analyzed in the 2020 EIR. Since certification of the 2020 EIR there have been no change in circumstances or significant new information that would alter its conclusions. The conclusions from the 2020 EIR remain unchanged when considering the changes proposed by the project, which are within the scope of the 2020 EIR. 31 City of Desert Hot Springs. General Plan 2020. Safety and Noise Element. Figure SN-3: Seismic Hazards.

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Environmental Issue Area
Conclusion
in Desert Hot
Springs
General Plan
EIR
Do the
Proposed
Changes
Involve New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Requiring
New
Analysis or
Verification?
Mitigation
Measures
Within
Scope
of
2020
EIR?
XXI. Mandatory Findings of Significance
a) Does the project have the
potential to substantially degrade
the quality of the environment,
substantially reduce the habitat of
a fish or wildlife species, cause a
fish or wildlife population to drop
below self-sustaining levels,
threaten to eliminate a plant or
animal community, substantially
reduce the number or restrict the
range of a rare or endangered
plant or animal, or eliminate
important examples of the major
periods of California history or
prehistory?
Less than
significant
with
mitigation
incorporated.

No No No
MM BIO-3
MM CUL-1
MM CUL-2
Yes
b) Does the project have impacts
that are individually limited, but
cumulatively considerable?
(“Cumulatively considerable”
means that the incremental
eAects of a project are
considerable when viewed in
connection with the eAects of
past projects, the eAects of other
current projects, and the eAects
of probable future projects)?
Less than
significant
with
mitigation
incorporated.

No No No
MM BIO-3,
MM GEO-1,
MM NOI-1,
MM UTL-1,
MM PS-2
Yes
c) Does the project have
environmental eAects, which will
cause substantial adverse eAects
on human beings, either directly
or indirectly?
Less than
significant
with
mitigation
incorporated.

No No No
MM BIO-3,
MM GEO-1,
MM NOI-1,
MM UTL-1,
MM PS-2
Yes
Discussion
a) As described in Section V, Biological Resources, the proposed project would not have significant impacts beyond what was analyzed in the 2020 EIR. The proposed project would implement MM BIO3, which would reduce impacts to special-status species and habitat. The proposed project would have no significant impacts related to the potential for the degradation of the quality of the environment, a substantial reduction in the habitat of a fish or wildlife species, the drop of a fish or wildlife population below self-sustaining levels, a substantial reduction in the number or restriction on the range of a rare or endangered plant or animal, or the elimination of important examples of the major periods of California history or prehistory with the implementation of mitigation measures CUL-1 through CUL-2.
b) The proposed project’s impacts would be individually limited and not cumulatively considerable. The project proposes a reduced density residential community on 5 acres. The City’s 2020 EIR analyzed Item Number: 4.

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development of the project site at a higher density than now proposed. Due to the reduced density, and the size of the site, the project would not result in new or substantially more severe significant impacts. The project would not result in impacts to the following: aesthetics, due to the project’s compliance with City development standards for height, setbacks, and site design; agriculture, because the site is not located on lands designated for agriculture; air quality, because the project would not exceed established SCAQMD thresholds during construction or operation; biological resources with the implementation of MM BIO-3 which requires focused biological surveys to avoid nests and special status species; cultural resources with the implementation measures supporting Policy OS-8.5 and OS-8.6, which recommends a training program and monitoring during construction, reducing impacts to potential onsite resources; energy resources because of the size of the site and the compliance with existing State regulations (i.e., CalGreen) regarding energy eAiciency and design; geology and soils because the site is not located on unstable soils, and the project will comply with CBC standards, as well as the recommendations provided in the project-specific geotechnical report; greenhouse gas emissions because the project would not exceed SCAQMD standards or be inconsistent with the City’s Climate Action Plan; hazardous materials because the project would implement BMPs associated with storage and handling of materials used during construction and would not use or store significant amounts of hazardous materials; hydrology and water quality because the project will implement runoA control methods via SWPPP during construction and retention facilities during operation, and the project would not increase flood flows or result in polluted runoA; land use and planning because the project would not conflict with existing policies or planning documents; mineral resources because the site is not located in an area where mineral resources are not available; noise because the project will comply with permitted construction hours established by the City and implement MM NOI-1 to reduce impacts to neighboring sensitive receptors during construction, and would not create excessive noise during operation since the project proposes a residential use, similar to those in the surrounding area; population and housing because the project would not result in unplanned growth or displace housing; public services because the project would not result in the need for these services that are not analyzed in the 2020 EIR; recreation because the project would include recreational facilities for the residents; transportation because the project would not result in traAic or VMTs that are not already analyzed in the 2020 EIR; tribal cultural resources with the implementation measures supporting Policy OS-8.5 and OS-8.6; utilities because the project will connect to existing infrastructure and would not exceed capacities of existing service providers; and wildfires because the project is not located in an area susceptible to wildfires. As stated above, the project will result in a reduced density than that compared in the 2020 EIR, therefore, development of the project would result in reduced impacts than those analyzed in the EIR. As discussed throughout this environmental document, the project will result in the same or lesser impacts as those analyzed in the General Plan EIR, and the proposed project would not substantially increase cumulative impacts related to these analysis areas compared to the impacts in the 2020 EIR.

Therefore, the project would not result in cumulatively considerable impacts. c) The proposed project has not been found to generate new or substantially more severe environmental eAects than those previously analyzed in the 2020 EIR; therefore, there is no likelihood of the proposed project causing substantial adverse eAects on human beings, either directly or indirectly, beyond that which was previously analyzed in the 2020 EIR. Impacts would be consistent with what was analyzed in the 2020 EIR.

Item Number: 4.

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Relevant EIR Mitigation Measures that Apply to the Proposed Project MM BIO-3, MM GEO-1, MM-NOI-1, MM UTIL-1, MM PS-2.

Conclusion
The proposed project would be consistent with the 2020 EIR and would not create new or more significant cumulative impacts beyond what was analyzed in the 2020 EIR. The conclusions from the 2020 EIR remain unchanged when considering the project. Therefore, no subsequent EIR document is required.

Item Number: 4.

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SECTION 4: LIST OF PREPARERS
Lead Agency
The City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Phone: 760-329-6411
Travis Clark, Community Development Director
Patricia Villagomez, Principal Planner
Document Preparers
MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
Phone: 760-320-9811
Michelle Witherspoon, Director of Environmental Services Jesus Herrera-Cortes, Senior Environmental Planner, GIS Analyst Nicole Vann, Planner
Asia Lee, Environmental Planner
Payton Thomas, Environmental Planner
Reed Witherspoon, Environmental Planner
ELMT Consulting
2201 N. Grand Avenue #10098
Santa Ana, CA 92711-0098
Phone: 717-716-5050
Thomas J. McGill, Ph.D. Managing Director
Travis J. McGill, Director
Material Culture Consulting, Inc.
2701-B North Towne Avenue
Pomona, CA 91767
Phone: 626-205-8279
Tria Belcourt, M.A., Principal Archaeologist
Hannah Johnston, MSc, StaA Archaeologist II
Brian Waldo, B.A., Field Director
GEOCON West, Inc.
78075 Main Street #G-203
La Quinta, CA 92253
Phone: 760-565-2002
Lisa Battiato, CEG
Andrew Shoashekan, PE
Petrina Zen, GE
41571 Corning Place, Suite 101
Murrieta, CA 92562
Item Number: 4.

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130 | P a g e
Yasmeen De La Cruz, StaA Geologist
Adrian Escobar, PG, Project Geologist
RICK
5620 Friars Road
San Diego, CA 92110
Phone: 619-291-0707
Brendan Hastie, PE
TRAMES Solutions, Inc.
4225 Oceanside Boulevard #354H
Oceanside, CA 92056
Phone: 760-291-1400
Scott Sato, PE, Vice President
Item Number: 4.

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SR-25-098
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 6, 2025
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Acting Deputy City Manager Subject: Cannabis Regulatory Permit Retail Renewals Ordinance 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 of the City Council of the City of Desert Hot Springs, California, repealing Section 5.50.195 “Transference and Renewal of Permits Exemptions” of Title 5 “Business Licenses and Regulations” of the Desert Hot Springs Municipal Code in order to update cannabis regulatory permit regulations." BACKGROUND:

Title 5 of the Code of Ordinances governs business license and regulations as they relate to the operation of Cannabis Storefront Retail, Cannabis Non-Storefront Retail, Cannabis Cultivation, Cannabis Manufacturing, Cannabis Testing, and Cannabis Distribution facilities (collectively Cannabis Facilities”).

The City currently relies on the Cannabis Compliance Team and Code Compliance Division (collectively, the “Cannabis Team”) to enforce Chapter 5.50 and to inspect all cannabis facilities and to assist in the collection of taxes. Based on their experience and expertise, the Cannabis Compliance Team and Code Compliance Division recommend the repeal of Chapter 5.50.195 to address annual permitting for retail cannabis facilities.

DISCUSSION:

The proposed ordinance seeks to repeal Section 5.50.195 to require cannabis retail facilities to secure annual regulatory permits and limit the term of a regulatory permit for cannabis retail facilities to a maximum of one year to be consistent with all other cannabis facility use types.

Item Number: 5.

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SR-25-098
The City Council previously exempted cannabis retail facilities from annual permits as a concession for not reducing retail taxes. The City Council, on April 15, 2025, reduced the cannabis retail tax rate from 10% to 5% of all gross sales.

This ordinance will address the following areas as they relate to cannabis facilities:
1) Retail Facilities:
a. Will eliminate the exemption to file for annual regulatory permits. b. Will eliminate the exemption of the one-year term of regulatory permits.

The proposed repeal section of 5.50.195 will provide consistency among all cannabis facilities in terms of regulatory permit requirements.

ATTACHMENTS:
1) Cannabis Regulatory Permit Renewals Ordinance
Item Number: 5.

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C2014/000 - 267136.1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA REPEAL SECTION 5.50.195
“TRANSFERENCE AND RENEWAL OF PERMITS EXEMPTIONS” OF
TITLE 5 “BUSINESS LICENSES AND REGULATIONS” OF THE

DESERT HOT SPRINGS MUNICIPAL CODE IN ORDER TO UPDATE

CANNABIS REGULATORY PERMIT REGULATIONS
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, currently Chapter 5.50 of the Desert Hot Springs Municipal Code requires a regulatory permit in order for any cannabis facility to operate within the City; and
WHEREAS, currently Chapter 5.50 of the Desert Hot Springs Municipal Code imposes certain operating conditions on cannabis facilities, such as security plans, background checks, and odor control; and
WHEREAS, for years, City personnel have enforced Chapter 5.50 of the Desert Hot Springs Municipal Code, developing expertise in the field and recognizing significant issues affecting the cannabis industry and the public; and WHEREAS, the City Council desires to require an annual renewal of a cannabis regulatory permit to ensure compliance with ownership, operating conditions, security plans, background checks, camera plans and odor control; and WHEREAS, the City Council previously exempted cannabis retail facilities from annual permitting as a concession for a lack of a tax reduction for cannabis retail facilities; and
WHEREAS, the City Council agreed to reduce cannabis retail taxes from 10% to 5% of gross sales on April 15, 2025, and
WHEREAS, the City Council finds that repealing section 5.50.195 of Chapter

5.50 “Cannabis Businesses” is in the best interest of the public health, safety and welfare of the residents of the City.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Item Number: 5.

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C2014/000 - 267136.1
Section 2. REPEAL SECTION 5.50.195 “TRANSFERENCE AND
RENEWAL OF PERMITS EXEMPTIONS” OF TITLE 5
“BUSINESS LICENSES AND REGULATIONS” OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
A. Cannabis retail facilities shall be exempt from the one year regulatory permit term as provided in section 5.50.180.

B. Cannabis retail facilities shall be exempt from annual regulatory permit renewal requirements as provided in section 5.50.190.

Section 3. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 4. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 5. AMENDING OF BAIL SCHEDULE

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

Section 6. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Item Number: 5.

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C2014/000 - 267136.1
_______________________________
Scott Matas, Mayor
ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 5.

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SR-25-099
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 6, 2025
Department: Code & Cannabis Compliance
Prepared by: Christina Newsom, Acting Deputy City Manager Subject: User Fee for Cannabis Retail Regulatory Permit Renewals 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) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the new user fees related to Cannabis Regulatory Permit Annual Renewal and the nexus study prepared.

BACKGROUND:

The California Constitution allows municipalities to recover reasonable costs borne from providing certain services to certain individuals. The City is permitted to charge fees based on “costs reasonably borne” by the City. However, the fees may not exceed the costs of providing the service. “Costs reasonably borne” is intended to include all appropriations by an entity for the appropriate costs for the continuation of the service over time. This includes ongoing expenses such as operating costs and an allocation for overhead and administration. The types of costs include salaries and wages; employee fringe benefits; maintenance and operations costs; overhead costs; general City and departmental and/or divisional overhead costs. Without corresponding user fees, these services would be funded by tax revenues. In June 2020, the City adopted its current user fee schedule based on the User Fee Study completed in April 2020.

Chapter 5.50 of the Desert Hot Springs Municipal Code governs cannabis businesses. To operate a cannabis retail facility in the city, a regulatory permit is required. Due to an update to these regulations, which mandates an annual renewal of the regulatory permit, a renewal fee needs to be established.

DISCUSSION:

New or amended fees must be added due to new regulations or as the City adds services. The following are proposed fees to be added to the user fee schedule:

Item Number: 6.

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SR-25-099
User Fee Calculation- Cannabis Regulatory Permit Annual Renewal 4/3/2025
Fully Burdened
Hourly Rate
Calculation
Fringe
Benefits
Maintenance &
Operations
Costs
Overhead
Costs
Position Salary Hourly
Rate 47% 19% 173% Total
Compliance Director $78.67 $36.76 $14.70 $136.29 $266.41 Compliance
Management Analyst $41.68 $19.47 $7.78 $72.19 $141.21
Compliance Admin.

Assist. II
Position Staff TimeHours
Fully
Burdened
Hourly Rate
Total Cost
Compliance Director 5 $266.41 $1,332.06
Compliance
Management Analyst 10 $141.12 $1,411.25
Compliance Admin.

Assist. II 0 - -
$2,743.31 City
Personnel
Percentage of
contract related to
permitting- 80%
$174,332.00
Percentage of
permitting related to
retail permits/average
number of facilities
$36,609.70
Retail permitting
expenses/average
number of facilities -
CUPs- 12
$3,050.81 Contract
Personnel
$5,794.12 Total Recommended Fee
for Full Cost Recovery
FISCAL IMPACT:

An increase in user fee revenues for the City. The City will process approximately 9 Cannabis Retail Regulatory Permit Renewals applications per year, which will generate $52,147.08.

ATTACHMENTS:
2) Resolution - Cannabis Retail Facilities Annual Permit Resolution 1) Nexus Study - Cannabis Regulatory Permit Annual Renewal Item Number: 6.

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RESOLUTION NO. 2025-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE

OF CALIFORNIA, ADOPTING THE NEW USER FEES

RELATED TO CANNABIS RETAIL FACILITIES ANNUAL

REGULATORY PERMIT RENEWAL AND THE NEXUS STUDY

PREPARED THEREFOR
WHEREAS, the City of Desert Hot Springs has established new rules and regulations for Annual Cannabis Regulatory Permit Renewal for retail cannabis facilities, as defined in Chapter

5.50 of the Desert Hot Springs Municipal Code (“DHSMC”); and WHEREAS, the fees related to Annual Cannabis Regulatory Permit Renewal are needed to cover the City’s costs in administering regulations associated with the processing of an annual regulatory permit renewal application, such as background checks, floor plans, security plans, ownership/rosters, camera plans, and inspections; and WHEREAS, City Council intends to collect fees (the “Fees”) to offset the costs associated with providing the Annual Cannabis Regulatory Permit Renewal; and WHEREAS, pursuant to Government Code Section 66014, the City is required to hold at least one open and public meeting as well as a general description of the matter to be considered are to be mailed at least 14 days prior to the date of the meeting to those parties (if any) who have filed requests for such notifications; and WHEREAS, data indicating the amount of the estimated cost required to provide the Annual Cannabis Regulatory Permit Renewal and the resources anticipated to fund the same were made available to the public at least 10 days prior to the date of this meeting, in accordance with Government Code Section 66016; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, pursuant to Government Code Section 66018, the City complied with all notice and hearing requirements thereof; and
WHEREAS, City staff has prepared and presented to the City Council a “User Fee Study for Cannabis Retail Regulatory Permit Annual Renewal” (the “User Fee Study”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A”, which details the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues, if any; and,
Item Number: 6.

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WHEREAS, the User Fee Study is a reasonable and best approximate of the costs of providing Annual Cannabis Regulatory Permit Renewal services; and WHEREAS, a duly noticed public hearing before the City Council was held on May 6, 2025, at which public testimony was received and duly considered on the proposed Fees; and WHEREAS, the amount of the Fees does not exceed the true cost of providing the Annual Cannabis Regulatory Permit Renewal; and
WHEREAS, the establishment of the fees as set forth in the User Fee Study is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism have no physical effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF USER FEE
That the City Council hereby approves and adopts the User Fee Study and the fees and charges contained therein as reflected in Exhibit A.

Section 3. 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 4. SEVERABLITY
That if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 5. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption and the User Fee Study and the Fees contained therein shall take effect immediately, but the fees therein shall take effect accordance with law.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book or original resolutions.

Item Number: 6.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this _____ day of _____ 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 6.

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EXHIBIT A
Item Number: 6.

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User Fee Calculation - Cannabis Regulartory Permit Annual Renewal City of Desert Hot Springs
4/3/2025
Fully Burdened Hourly Rate Calculation
Fringe
Benefits
Maintenance &
Operations Costs
Overhead
Costs
Position Salary Hourly Rate 47% 19% 173% Total
Compliance Director 78.67 36.76 14.70 136.29 266.41
Compliance Management Analyst 41.68 19.47 7.78 72.19 141.12 Compliance Administrative Assistant II
(Percentages for Fringe Benefits, Maintenance & Operations Costs, and Overhead Costs are per the Fully Allocated Hourly Rate Detail Report calculated as part of the user fee study in August 2020) Cannabis Regulatory Permit Annual Renewal Fee
Position Staff Time - in hours
Fully
Burdened
Hourly
Rate Total Cost
Compliance Director 5 266.41 1,332.06
Compliance Management Analyst 10 141.12 1,411.25
Community Development Administrative Assistant II 0 - - Total $ 2,743.31 City Personnel
Percentage of Contract related to permitting- 80% $ 174,332.00 Percentage of permitting related to retail permits/ave # facilities $ 36,609.70 Retail permitting expenses / ave number of facilities/ CUP- 12 $ 3,050.81 $ 5,794.12
Contract Personnel
This would be the fee amount per annual renewal- RETAIL

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Item Number: 6.

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SR-25-090
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 6, 2025
Department: Code & Cannabis Compliance
Prepared by: Tiyler Messer, Code Compliance Supervisor
Subject: Shopping Cart Regulations Amendment Ordinance
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 of the City Council of the City of Desert Hot Springs, California, Amending Chapter 8.16 (Shopping and Laundry Carts) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code to Enhance Regulations for the Containment and Retrieval of Shopping Carts."
BACKGROUND:

In February 2022, the City Council approved an ordinance amending shopping cart regulations and establishing shopping cart containment plan ("SCCP") requirements. The goal was to prevent shopping carts from being removed from shopping centers and abandoned in locations where they are visually blighting or pose a threat to the safety of motorists and pedestrians.

Since the regulations were enacted, 15 vendor submissions for shopping cart containment plans have been received, and nine of those 15 were approved. Some vendors were exempt from the shopping cart containment plan by filing a declaration that they do not use shopping carts in their regular course of business.

After the approval of shopping cart containment plans, City Staff has observed a decrease in the number of shopping carts retrieved from the public right of way, in alignment with vendors' Shopping Cart Containment Plans (SCCPs). City Staff removes shopping carts from the public right of way daily and is required to store them in accordance with the California Business and Professions Code.

Additionally, City Staff must contact each vendor on the same day a shopping cart is removed. If the vendor retrieves the cart within three business days, there is no charge for its release. A $50 citation may only be issued if the vendor fails to collect the cart by the fourth day following its impoundment, as per the California Business and Professions Code. Any cart not reclaimed within 30 days of the Item Number: 7.

Page 237 of 693 ends

SR-25-090
notice given to the owner will be sold or otherwise disposed of by the City. This process of impounding, notifying, coordinating retrieval with vendors, and disposing of carts consumes significant staff time.

SCCPs currently do not require annual renewal. As a result, when vendors change their retrieval companies, modify physical containment measures, or fail to conduct regular maintenance to ensure that disabling devices are functioning, City staff is not notified, and the SCCP is not updated.

DISCUSSION:

To address the challenges related to abandoned shopping carts in public spaces, including issues with vendors not retrieving carts and staff procedures for impounding them, we propose amendments to Title 8 "Health & Safety," Chapter 8.16 "Shopping and Laundry Carts."  Establish shopping cart containment plan annual renewals  Establish an annual on-site inspection requirement for vendors  Expand the definition of shopping cart to include merchandise carts  Allow City staff to notify vendors of impounded of shopping carts by email, phone, or text message
 Require amendments to the SCCP when information changes within 10 business days  Allow for exemptions of SCCP for vendors with less than 10 shopping carts  Establish a fine schedule for violations of SCCP regulations FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment.

ATTACHMENTS:
1) Shopping Cart Containment Ordinance
Item Number: 7.

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.16 (SHOPPING AND LAUNDRY CARTS) OF TITLE 8 (HEALTH AND SAFETY) OF THE

DESERT HOT SPRINGS MUNICIPAL CODE TO ENHANCE

REGULATIONS FOR THE CONTAINMENT AND RETRIEVAL OF

SHOPPING CARTS
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, California Business and Professions Code sections 22435 through 22435.13 contains regulations for the identification, removal, impoundment, and retrieval of shopping carts; and
WHEREAS, California law does not invalidate local ordinances regulating shopping carts or laundry carts, provided such ordinances do not conflict with California law; and
WHEREAS, currently, Chapter 8.16 of the Desert Hot Springs Municipal Code supplements State law regulations regarding shopping carts and laundry carts, including requiring owners to develop a cart containment program and hiring a qualified cart retrieval service; and
WHEREAS, the City Council finds that despite existing regulations, shopping carts continue to be unlawfully removed from business premises and dumped onto public and private properties; and
WHEREAS, the City Council finds that the proliferation of wrecked, dismantled, or abandoned shopping and laundry carts, or parts thereof, on private or public property is a public nuisance; and
WHEREAS, the City Council finds that enhancing regulations for cart containment and retrieval is in the best interest of the public health, safety and welfare of the residents of the City.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Item Number: 7.

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Section 2. AMENDMENT OF CHAPTER 8.16 (“SHOPPING AND
LAUNDRY CARTS”) OF TITLE 8 (“HEALTH AND
SAFETY”) OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
Chapter 8.16 (“Shopping and Laundry Carts”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

8.16.010 Purpose.

This chapter is not intended as the exclusive regulation of shopping carts within the City. Rather, the purpose of this chapter is to supplement any applicable state law, including California Business and Professions Code, Article 1, Chapter 19, of Division 8 (commencing with Section 22435, as may be amended), by providing special procedures for the abatement as public nuisances of certain shopping and laundry carts.

8.16.020 Definitions.

For purposes of this chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:
“Abandoned cart” means any cart that has been removed from the business premises and which is left unattended or discarded upon any public or private property other than the premises regardless of whether the cart was removed with permission from the owner.
“Business premises” means the interior of a cart owner’s commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. “Cart” means a shopping cart or laundry cart, as defined herein. “Cart identification sign” means a sign or engraved surface which is permanently affixed to a cart containing all of the information specified in this chapter. “Cart owner” means the owner or operator of a commercial establishment which provides shopping carts or laundry carts to customers or to the public. “Cart removal warning” means a placard, sign or painted text which meets the requirements of this chapter.

Item Number: 7.

Page 240 of 693 ends

“Individual cart identification number” means a number unique to each cart owned or provided by a cart owner.
“Laundry cart” means a basket which is mounted on wheels and used in a coinoperated laundry or dry cleaning establishment by a customer or an attendant of the establishment for the purpose of transporting fabrics and the supplies necessary to process them.
“Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.
“Qualified cart retrieval service” means a commercial service, operated by a third party and paid by a cart owner to retrieve and return carts.
“Removed cart” means a cart which is removed from the business premises by any person without the written permission or consent of the cart owner. “Shopping cart” means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. (Business and Professions Code, Section 22435.10) A shopping cart sold by a commercial establishment to a retail customer for that customer’s personal use is not a shopping cart for the purposes of this chapter.
"Shopping cart" means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail establishment or designated parking or loading area of that business establishment. Shopping cart also includes a laundry cart as defined herein.

8.16.030 Findings—Declaration of nuisance.

The City Council finds and declares as follows:

The presence of wrecked, dismantled, or abandoned carts, or parts thereof, on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, interfere with pedestrian and vehicular traffic, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to health, safety and general welfare. The presence of wrecked, dismantled, or abandoned carts, or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.

Item Number: 7.

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8.16.040 When chapter not applicable.

This chapter shall not apply to:

A. A cart, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed retail consumer goods vendor when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or
C. A cart, or parts thereof, which is stored in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.

8.16.050 Administration and enforcement authority.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager or his/her designee. In the enforcement of this chapter, the City Manager or his/her designee, may enter upon private or public property, in a manner consistent with the United States and California Constitutions, to examine a cart, or parts thereof, or obtain information as to the identity of a cart and to remove, or cause the removal of, a cart, or parts thereof, which is declared to be a nuisance pursuant to this chapter.

8.16.060 Identification of carts—Notice.

A. Every cart owner shall post and maintain cart removal warnings which meet all of the following minimum specifications:

1. Meet or exceed 18 inches in width and 24 inches in height.

2. Using block lettering not less than one-half inch in width and two inches in height, contain a statement in two or more languages to the effect that unauthorized removal of a cart from the business premises, or possession of a cart in a location other than on the business premises, is a violation of State law and City ordinance.

3. List a local or toll-free telephone number for cart retrieval.

4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.

B. Cart removal warnings on the exterior of the building are not considered “signs” for the purpose of calculating any maximum allowable signage in the City.

Item Number: 7.

Page 242 of 693 ends

C. Each cart owned or used within the City shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes all of the following information: the name of the cart owner, the telephone number of the cart owner and/or commercial establishment to which the cart belongs, an address for returning the cart to the owner or business premises, the individual cart identification number, a valid tollfree phone number for cart retrieval, the procedure (if any) to be followed to obtain permission to remove the cart from the business premises, and a notice to the public that unauthorized removal of the cart from the business premises is a violation of State law and City ordinance.

D. It shall be the responsibility of each cart owner to comply with subsections A and C of this section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible.

8.16.065 Prohibited conduct.

A. It is unlawful to either temporarily or permanently remove a cart from the business premises or parking area of a cart owner without the express prior written approval of the owner or designee. Written approval shall be for a period not to exceed 72 hours.

B. It is unlawful to be in possession of a cart that has been removed from a business premises or parking area of a cart owner unless it is in the process of being immediately returned to the owner or business premises.

C. This section shall not apply to carts that are removed for lawful purposes, such as repair or maintenance.

8.16.070 Mandatory cart containment and retrieval.

A. Cart Containment Plan—Required.

1. Every cart owner shall implement, operate, and maintain an on-site cart containment plan. The cart owner shall implement, operate, and maintain the following measures in the on-site cart containment plan:
a. Install and maintain electronic or other disabling devices on all carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.
b. Install and maintain physical measures to prevent the removal of carts from the business premises. These measures may include physical barriers and security guards to deter unlawful removal of carts from the business premises. All carts shall be securely locked and stored at all times while the business is closed.

Item Number: 7.

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c. Conduct ongoing employee training to educate new and existing employees about procedures to prevent cart removal, including the operation of the on-site cart containment plan.
d. Secure and continuously maintain a qualified cart retrieval service to retrieve carts which have been removed from their business premises. The qualified cart retrieval service shall respond to complaints from the public or notifications from the City in a manner which results in the retrieval of carts within 24 hours of receiving the notification.

Additionally, qualified cart retrieval services shall actively locate removed carts within a one-mile radius of the business premises at least three times per week. The qualified cart retrieval service shall not place any limits on daily loads or days per week to retrieve carts within the City. The city may notify the owner of an abandoned shopping cart when such cart is located within a one-mile radius. Such notice may be given by telephone, e-mail, or text message to the owner or owner's agent designated in the cart containment plan if an approved plan is in place and shall include the shopping cart's location.

1. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the City Manager or designee. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the shopping cart retrieval service.

2. Each cart owner must contain all carts on the business premises at all times. All carts must be accounted for at the end of each business day.

3. Cart owners shall conduct regular maintenance to ensure disabling devices are working properly. If at any time, a cart owner determines the disabling device installed on a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned carts available for use.

4. A cart that does not have an electronic or other disabling device shall not be in circulation unless and until such device is added to the cart.

B. On-Site Cart Containment Plan Review. The review of on-site cart containment plans shall be conducted pursuant to this subsection.

1. Existing cart owners must develop and submit an on-site cart containment plan within 60 days from the date of the City notice stating that such a plan is required pursuant to this chapter.

2. New cart owners or cart owners who have relocated must submit an on-site cart containment plan at the time of applying for a business license or certificate of occupancy. A cart owner applying for a renewed license or certificate, but which did not Item Number: 7.

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previously submit an on-site cart containment plan, shall submit such plan upon application for renewal.

3. Two or more cart owners located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single on-site cart containment plan.

4. At the time a cart owner submits an on-site cart containment plan, the cart owner shall pay a fee for the review and administration of the plan as set forth by resolution of the City Council.

5. The City Manager or designee shall review on-site cart containment plans and may approve, deny, or require modifications. Once a plan is approved, the cart owner shall have 30 days to begin implementation. Cart owners may appeal a denial of an on-site cart containment plan within 14 calendar days. The applicable provisions of Chapter

4.36 of this Code shall govern the proceedings of such an appeal.

C. Cart Containment Plan Inspections

1. For new cart containment plans, the cart owner or agent shall allow the City to conduct an inspection of the entire structure and the exterior premises prior to approval of a shopping cart containment plan to ensure compliance with this chapter.

2. For renewed plans, the cart owner or agent shall allow the City to conduct an inspection of the entire structure and the exterior premises prior to the approval of a cart containment plan to ensure compliance with this chapter, no earlier than 60 days prior to the expiration of the cart containment plan.

D. Requirement to amend cart containment plan application Whenever the information provided in the application for a cart containment plan on file with the City changes (e.g. a change in cart retrieval company), the cart owner shall, within 10 business days after such change, file an amendment to the plan application with the City Manager or designee. The amendment shall be accompanied by a fee set by resolution.

E. Cart Containment Plan Exceptions
The City in its sole discretion, may allow exceptions for cart owners with ten (10) carts or less to be exempt from some or all of the cart containment requirements.

8.16.075 Cart Containment Plan Renewal
Item Number: 7.

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A. An approved cart containment plan shall be valid for a term of one year from the date of approval. A cart containment plan renewal must be submitted by written applications and payment of an application fee to be set by resolution.

1. A completed cart containment plan renewal application and renewal plan fee shall be submitted by the applicant no earlier than 60 calendar days but no later than 30 days before the expiration of the plan.

2. Failure to renew a shopping cart containment plan as prescribed in this section shall result in the plan being terminated.

B. Cart containment plans are non-transferable.

1. Upon the sale or transfer of any business premises or control of a cart owner with a cart containment plan, a new cart containment plan shall be required, in addition to any other permits, licenses, and entitlements required by this Code.

2. A change in the form or structure of a cart owner. Notwithstanding any other provision of this section, a cart owner may undertake any change in its business form or structure. The resulting changed cart owner must then promptly apply for and obtain a plan modification.

C. Cart containment plan term

1. A cart containment plan is valid for one year from the date that it is approved unless suspended or revoked sooner.

2. Retroactive. It is the express intent of the City that the provisions of this chapter shall apply to all current cart owners.

3. Any current cart owners on the effective date of the ordinance codified in this chapter shall be required to renew their cart containment plan within six months from the effective date of the ordinance codified in this chapter.

Failure to do so shall be a violation of this chapter and subject to the penalties herein. Cart containment plans issued within the six months prior to the effective date of the ordinance codified in this chapter shall be required to renew their cart containment plan within one year from the effective date of the ordinance codified in this chapter.

8.16.080 Businesses without shopping carts
Any business, which do not own, rent, lease, or otherwise possess its own shopping carts, but are authorized to use shopping carts owned by cart owners, Item Number: 7.

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shall provide a location upon its premises for the storage of shopping carts and shall immediately contact the cart owner or cart owner's agent to retrieve any shopping carts that are left on the business's premises.

8.16.07585 Impoundment procedures.

A. Pursuant to Business and Professions Code Section 22435.7(b), as may be amended, the City Manager or designee may provide notice to the cart owner of any abandoned or removed carts that has been located within the City. If three business days after such notice is given the cart has not been retrieved by the owner or his/her agent, the cart may be impounded by the City. The City may recover the actual costs of retrieving the cart and fines against the cart owner. A cart impounded pursuant to this subsection that is not reclaimed within 30 days of the owner’s receipt of the notice provided for herein shall be sold or otherwise disposed of by the city.

B. Pursuant to Business and Professions Code Section 22435.7(i), as may be amended, the City Manager or designee may immediately impound any abandoned or removed cart located within the City, and give the cart owner notice that the cart has been impounded within 24 hours of the impoundment. Any cart impounded pursuant to this subsection that is reclaimed within three business days following the date of notice to the cart owner shall be released and surrendered to the owner or his/her agent at no charge whatsoever. Any cart reclaimed within the three business day period shall not be deemed an occurrence or violation for the purposes of this chapter. Where a cart owner fails to reclaim a cart, the City may recover the actual costs of retrieving the cart and fines against the owner commencing on the fourth business day following the date of the notice. Any cart not reclaimed within 30 days of the actual notice provided to the owner of the cart shall be sold or otherwise disposed of by the City.

C. The city may retrieve and immediately dispose of any abandoned shopping carts that lack the signage required by Desert Hot Springs Code Section 8.16.060.

8.16.08090 Other penalties.

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor.

B. Except as pursuant to subsection F, a violation of any provision of this chapter shall constitute a public nuisance and may be abated according to the provisions of this Code or by any other means provided by law.

B. Except as pursuant to subsection F and notwithstanding the fines in Chapter

4.24, the following fines shall apply for violations of this chapter:

1. First violation: $200
Item Number: 7.

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2. Second violation: $500

3. Third and subsequent violations: $1,000
For cart owners without an approved containment plan, the fine shall be:

1. First and subsequent violations: $1,000
C. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law.

D. A separate offense occurs for each day a violation of, or failure to comply with, any provision of this chapter is committed, continued, permitted, maintained, or allowed to be continued.

E. The failure of a cart owner to submit, establish, or maintain a cart containment plan as required by this chapter shall subject the owner to a civil penalty of up to $1,000, plus an additional penalty of $50 for each day of noncompliance.

F. Fines. Pursuant to Business and Professions Code Section 22435.7(f), a fine in the amount of $50 is hereby imposed upon each cart owner of a cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts in accordance with this chapter. An occurrence includes all shopping carts impounded in accordance with this chapter in a one-day period. This subsection does not apply to and does not limit or prohibit any other fee, fine or penalty that the City may charge for violation of this chapter.

Section 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Section 4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Item Number: 7.

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Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 6. 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 7. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 8. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2025 by the following vote:

Item Number: 7.

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Ayes:

Noes:

Abstain:

Absent:

ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
_______________________________
Scott Matas, Mayor
Item Number: 7.

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SR-25-091
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 6, 2025
Department: Code & Cannabis Compliance
Prepared by: Tiyler Messer, Code Compliance Supervisor
Subject: User Fee for Shopping Cart Containment Plan Initial & Renewal Applications 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) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, adopting the new user fees related to Shopping Cart Containment Plans and the nexus study prepared.

BACKGROUND:

The California Constitution allows municipalities to recover reasonable costs borne from providing certain services to certain individuals. The City is permitted to charge fees based on “costs reasonably borne” by the City. However, the fees may not exceed the costs of providing the service. “Costs reasonably borne” is intended to include all appropriations by an entity for the appropriate costs for the continuation of the service over time. This includes ongoing expenses such as operating costs and an allocation for overhead and administration. The types of costs include salaries and wages; employee fringe benefits; maintenance and operations costs; overhead costs; general City and departmental and/or divisional overhead costs. Without corresponding user fees, these services would be funded by tax revenues. In June 2020, the City adopted its current user fee schedule based on the User Fee Study completed in April 2020.

In February 2022, the City Council approved an ordinance amending shopping cart regulations and establishing shopping cart containment plan (SCCP) requirements. Since then, SCCP application fees have been charged based on staff time.

DISCUSSION:

New or amended fees must be added due to new regulations or as the City adds services. The following are proposed fees to be added to the user fee schedule:

Item Number: 8.

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SR-25-091
Shopping Cart Containment Plan Initial and Renewal Fee
Nexus Study
4/8/2025
Fees Hourly Breakdowns
Fee Types
Compliance
Administrative
Assistant
Management
Analyst
Compliance
Officer Total
0 0 3 $358.00
Updated Fully
Burdened hourly
rate calculated
per method and
percentages in
the DHS Fully
Allocated Hourly
Rate Position
Detail Report
created in FY19-
20 by Revenue
Costs
Associates
$95.24 $127.93 $119.33
Fringe Benefits Maint & Oper
Costs
Overhead
Costs
Average Hourly
Rate 46.72% 18.68% 172.23% Total
Compliance
Administrative
Assistant
$28.21 $13.18 $5.27 $48.58 $95.24
Management
Analyst $37.89 $17.70 $7.08 $65.26 $127.93
Compliance
Officer $35.34 $16.51 $6.60 $60.87 $119.33
(Percentages based on Fully Allocated Hourly Rate Detail 19-20 document. Created from the 2020 User Fee Study) FISCAL IMPACT:

An increase in user fee revenues for the City. Currently, the City processes approximately 12 Shopping Cart Containment Plan applications per year, which will generate $4,296.00.

ATTACHMENTS:

SCCP Resolution
Shopping Cart Containment Plan Fee Nexus Study
Item Number: 8.

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RESOLUTION NO. 2025-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE

OF CALIFORNIA, ADOPTING THE NEW USER FEES

RELATED TO SHOPPING CART CONTIANMENT PLANS

AND THEIR RENEWALS AND THE NEXUS STUDY

PREPARED THEREFOR
WHEREAS, the City of Desert Hot Springs has established rules and regulations for shopping and laundry carts and a requirement for vendors with shopping carts to submit a Shopping Cart Containment Plan, as provided in Chapter 8 of the Desert Hot Springs Municipal Code (“DHSMC”); and
WHEREAS, the fees related to Shopping Cart Containment Plans are needed to cover the City’s costs in administering regulations associated with the processing of an initial and annual Shopping Cart Containment Plan renewal applications, such as on-site physical containment measures, cart retrieval and device disabling contracts, and WHEREAS, City Council intends to collect fees (the “Fees”) to offset the costs associated with providing the Shopping Cart Containment Plan; and WHEREAS, pursuant to Government Code Section 66014, the City is required to hold at least one open and public meeting as well as a general description of the matter to be considered are to be mailed at least 14 days prior to the date of the meeting to those parties (if any) who have filed requests for such notifications; and WHEREAS, data indicating the amount of the estimated cost required to provide the Annual Cannabis Regulatory Permit Renewal and the resources anticipated to fund the same were made available to the public at least 10 days prior to the date of this meeting, in accordance with Government Code Section 66016; and
WHEREAS, pursuant to Government Code Sections 66016 and 66018, the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, pursuant to Government Code Section 66018, the City complied with all notice and hearing requirements thereof; and
WHEREAS, City staff has prepared and presented to the City Council a “User Fee Study for Shopping Cart Containment Plans (the “User Fee Study”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A”, which details the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues, if any; and,
Item Number: 8.

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WHEREAS, the User Fee Study is a reasonable and best approximate of the costs of providing Shopping Cart Containment Plans services; and WHEREAS, a duly noticed public hearing before the City Council was held on May 6, 2025, at which public testimony was received and duly considered on the proposed Fees; and WHEREAS, the amount of the Fees does not exceed the true cost of providing the Shopping Cart Containment Plans; and
WHEREAS, the establishment of the fees as set forth in the User Fee Study is not a “project” subject to the California Environmental Quality Act because it is a funding mechanism have no physical effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF USER FEE
That the City Council hereby approves and adopts the User Fee Study and the fees and charges contained therein as reflected in Exhibit A.

Section 3. 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 4. SEVERABLITY
That if any provisions of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 5. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption and the User Fee Study and the Fees contained therein shall take effect immediately, but the fees therein shall take effect accordance with law.

Section 6. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and enter it into the book or original resolutions.

Item Number: 8.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this _____ day of _____ 2025 by the following vote:

AYES:

NAYES:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 8.

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EXHIBIT A
Item Number: 8.

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Shopping Cart Containment Plan Initial & Renewal Fee
Nexus Study
4/8/2025
Fee Types
Code Compliance
Administative
Assistant
Management
Analyst
Code Compliance
Officer Total
Shopping Cart Containment Plan Renewal Fee 0 0 3 $ 358.00 Recommended Fee amount $ -
$ -
$ -
$ -
Updated Fully Burdened hourly rate calculated per method and percentages in the DHS Fully Allocated Hourly Rate Position Detail Report created in FY19-20 by Revenue Costs Associates $ 127.93 95.24 $ 119.33 $ - $ - $ Fringe Benefits Maint & Oper Costs Overhead Costs
Average Hourly Rate 46.72% 18.68% 172.23% Total (Percentages based on Fully Allocated Hourly Rate Detail 19-20 document. Created from the 2020 User Fee Study.) Code Compliance Administrative Assistant 28.21 $ 13.18 $ 5.27 $ 48.58 $ 95.24 $ Management Analyst 37.89 $ 17.70 $ 7.08 $ 65.26 $ 127.93 $ Code Compliance Officer 35.34 $ 16.51 $ 6.60 $ 60.87 $ 119.33 $ Fees Hourly Breakdowns

Page 257 of 693 ends

Item Number: 8.

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SR-25-102
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 6, 2025
Department: Police Department
Prepared by: Steven Shaw, Police Chief
Subject: Military Equipment Annual Use Report
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) Approve the Desert Hot Springs Police Department 2024 Military Equipment Annual Use Report.

BACKGROUND:

In 2021, Assembly Bill 481 required law enforcement agencies to obtain approval of a military equipment use policy by the applicable governing body. The Desert Hot Springs Police Department’s military equipment use policy was approved by the City Council in April 2022 DISCUSSION:

AB 481 requires a military equipment use report to be submitted to the City Council for annual review.

AB 481 identifies certain law enforcement equipment as 'military equipment' whether or not any branch of the military uses any of the law enforcement equipment listed. The legislation requires oversight from the governing body for purchase and usage of what the bill has deemed military equipment.

The attached report covers the Desert Hot Springs Police Departments 2024 military equipment use and inventory.

FISCAL IMPACT:

Fiscal impact in calendar year 2024 was $13,583.50 for the purchase of a drone. Funds were utilized from the Fiscal Year 2023-24 Police Department Supplies and Maintenance Account #245-4266-42- 23-0000.

Item Number: 9.

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SR-25-102
ATTACHMENTS:
1) DHSPD Military Equipment Use Policy
2) Military Equipment Annual Use Report 2024
Item Number: 9.

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Policy
709
Desert Hot Springs Police Department
Desert Hot Springs PD Policy Manual
Copyright Lexipol, LLC 2025/04/26, All Rights Reserved.

Published with permission by Desert Hot Springs Police
Department
Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Item Number: 9.

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Desert Hot Springs Police Department
Desert Hot Springs PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/04/26, All Rights Reserved.

Published with permission by Desert Hot Springs Police
Department
Military Equipment - 2
709.2 POLICY
It is the policy of the Desert Hot Springs Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Deputy Chief is to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Desert Hot Springs Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[ See attachment: DHS Qualifying Military Equipment Inventory.pdf ] 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Item Number: 9.

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