Desert Hot Springs City Council
April 21, 2026

F.3 REVISIONS TO THE DRAFT EIR
Desert Land Ventures Final EIR F.3-6 March 2018
This page left intentionally blank.

Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-1 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
Aesthetics
RR-1 City Staff shall incorporate the DLVSP’s Design Guidelines and Standards (Section 6) and structural height provisions from City Zoning Ordinance

17.40.160, Height determination (structures,) in the review process for all building structures proposed within the DLVSP.

Community Development
Director or his/her
designee
Prior to approval of
final development
plans for each
project
RR-2 During the review process for proposed development within the project site, City Staff shall ensure that project applicant(s) incorporate the following lighting standards into their design the City’s Outdoor Lighting Standards (Section 17.40.170, Outdoor Lighting Standards), Table

17.40.170 of the Zoning Ordinance (Requirements for Shielding and Filtering of Outdoor Lighting) and shall incorporate guidelines from Section

6.5 of the Specific Plan (Lighting Design).

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to approval of
final development
plans for each
project
Air Quality
AQ-1 Architectural coatings applied to buildings within the project site are to be limited to 10 grams per liter VOC and traffic paints shall be limited to 100 grams per liter VOC content and shall be verified by the City Building Official or his/her designee, prior to application of coatings and/or traffic paint.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
AQ-2 The project proponent shall require that all applicable SCAQMD Rules and Regulations (as detailed in Section 4.3.2) are complied with during construction and the construction contractor use construction equipment that has Tier 4 final engines, level 3 diesel particulate filters (DPF), with oxidation catalyst that have a 20 percent reduction in emissions.

Project
Applicant(s)/Developer(s),
Construction Contractor
During Construction
AQ-3 The project proponent shall require the use of the onsite sustainability design features, including: solar panels on all industrial building rooftops (except cultivation buildings) and carport shade structures and a solar farm and/or wind farm; that will provide at least 10 percent of the electrical energy needs for the project site.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
AQ-4 The project proponent shall require that: all faucets, toilets and showers installed in the proposed structures utilize low-flow fixtures that would reduce indoor water demand by 20 percent per CalGreen Standards, water-efficient landscaping practices are employed onsite.

Project
Applicant(s)/Developer(s),
Building Official or his/her
designee
During review of
building plans/site
plan review
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-2 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
AQ-5 The project proponent shall require recycling programs that reduces waste to landfills by a minimum of 75 percent (per AB 341).

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
and ongoing during
operation
AQ-6 The project proponent shall require that high-efficiency lighting (such as LED lighting that is 34 percent more efficient than fluorescent lighting) be installed onsite.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
AQ-7 The project proponent shall require that employee vanpool/ride share programs shall be provided for at least 80 percent of onsite employees.

Project
Applicant(s)/Developer(s);
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
AQ-8 Re-application of architectural coatings to protect buildings will be limited to 10 grams per liter VOC and traffic paints shall be limited to 100 grams per liter VOC content.

Project Applicant,
Construction Contractor,
Building Official or his/her
designee
Ongoing as
proposed
reapplication of
coatings are
required
AQ-9 The project proponent shall provide sidewalks onsite. Will maintain consistency with the City’s General Plan Policy 3 (Air Quality Goals, Policies and Programs) regarding development of pedestrian-oriented retail centers.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
AQ-10 The project proponent shall require that all building structures meet or exceed 2016 Title 24, Part 6 Standards and meet 2016 Green Building Code Standards.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During review of
building plans/site
plan review
AQ-11 If a distribution center with more than 100 daily truck trips is constructed within the project site within 1,000 feet from the property lines of existing single-family detached residential dwelling units located to the southeast Project
Applicant(s)/Developer(s),
Air Quality Specialist,
Prior to approval of
building permits
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-3 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
of the project site, then the project proponent will require that the individual applicant proposing development prepare a Health Risk Assessment (HRA) to ensure that the cancer risk to existing sensitive uses does not exceed the SCAQMD MICR TAC threshold of 10 in 1 million. If the SCAQMD MICR TAC threshold of 10 in 1 million is exceeded, then the proposed distribution center shall be redesigned to ensure MICR TAC levels are below the threshold.

Community Development
Director or his/her
designee
AQ-12 The project applicant shall require the use of 2010 model year diesel haul trucks that conform to 2010 EPA truck standards or newer diesel haul trucks (e.g., material delivery trucks and soil import/export) during construction and operation, and if the Lead Agency determines that 2010 model year or newer diesel haul trucks are not feasible, the Lead Agency shall use trucks that meet EPA 2007 model year NOx emissions requirements, at a minimum. This requirement shall be stipulated in all contract documents between the applicant and his/her contractors as applicable which shall be available upon request from City staff.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During construction
and ongoing
operation
AQ-13 The project applicant shall ensure that 240‐Volt electrical outlets or Level 2 chargers are installed in parking lots that would enable charging of NEVs and/or battery powered vehicles. This shall be verified prior to occupancy of each building as it is developed.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
Prior to issuance of
Certificate of
Occupancy pf each
project
AQ-14 The project applicant shall require the use of electric or alternatively fueled sweepers with HEPA filters. This shall be verified periodically during operation by City Code Enforcement.

Project
Applicant(s)/Developer(s),
Code Enforcement Officer
During ongoing
operation
AQ-15 The project applicant shall require the use of electric lawn mowers and leaf blowers. This shall be verified periodically during operation by City Code Enforcement.

Project
Applicant(s)/Developer(s),
Code Enforcement Officer
During ongoing
operation
RR-3 All development within the project site must adhere to SCAQMD Rules 403, 403.1 and 403(e) for the control of fugitive dust during all phases of construction. The project proponents of all development projects within the project site will be required to obtain and prepare a Fugitive Dust Control Plan. A copy of each Plan must be submitted to the City Engineer Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-4 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
or his/her designer prior to issuance of grading permits. A copy of each Plan must be available at each project site.

Biological Resources
BIO-1 Focused Coachella Valley milk-vetch surveys shall be conducted prior to any grading activities within the project site, particularly in the portion of the project site that falls within the Willow Hole Conservation Area (Planning Area 2). Likewise, focused surveys shall be conducted prior to any grading activities within the selected water and sewer line alignments (either Option A or Option B). If any Coachella Valley milk-vetch is encountered during the pre-construction survey, it should be flagged and avoided. If avoidance is not an option, the project proponent must work with the appropriate agencies to prepare a salvage plan to be incorporated during construction within the Willow Hole Conservation Area.

Project
Applicant(s)/Developer(s),
Project Biologist,
Construction Contractor,
Community Development
Director or his/her
designee
Prior to start of
construction
BIO-2 Prior to the start of construction activities and for the duration of construction, within one week of employment all new construction workers working within the project site shall attend Worker Environmental Awareness Program (WEAP) training, developed and presented by a qualified biologist. The program shall include information on the life history of the burrowing owl, other raptors, nesting birds, as well as other wildlife and plant species that may be encountered during construction activities. The program shall also discuss legal protection status of each species, the definition of “take” under the Federal Endangered Species Act and California Endangered Species Act, measures the project proponent is implementing to protect the species, reporting requirements, specific measures that each worker shall employ to avoid take of wildlife species, and penalties for violation of the Federal Endangered Species Act or California Endangered Species Act.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Community Development
Director or his/her
designee
Prior to start of
construction
BIO-3 If construction activity takes place between January and September, and if said construction activity is unavoidable to schedule outside of this time frame, the applicant(s) can prepare a project-specific Nesting Bird Management Plan to determine suitable buffers.

Project
Applicant(s)/Developer(s),
Project Biologist,
Construction Contractor,
Design and Development
Prior to start of
construction
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-5 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
Director or his/her
designee
BIO-4 Preconstruction Nesting Bird Surveys are recommended prior to commencement of any project activities that may occur within the nesting season (January to September), to avoid any potential project-related impacts to nesting birds within the project site.

Project
Applicant(s)/Developer(s),
Project Biologist,
Construction Contractor,
Design and Development
Director or his/her
designee
Prior to start of
construction
BIO-5 The DLVSP applicant/developer shall implement the following CVMSHCP Land Use Adjacency Guidelines requirements and restrictions as listed in Section 3.2.3 of the Biological Resources Assessment (Appendix C) and shall be adhered to during construction and for post construction operation for any project within the DLVSP project site that lies adjacent to Conservation Areas. The project applicant shall coordinate with the Coachella Conservation Commission (CVCC) and CVCC staff shall review plans for all planning areas adjacent to the Conservation Area and determine whether the proposed improvements are consistent with the CVMSHCP.
1) Drainage ̶ Proposed Development adjacent to or within a Conservation Area shall incorporate plans to ensure that the quantity and quality of runoff discharged to the adjacent Conservation Area is not altered in an adverse way when compared with existing conditions. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials or other elements that might degrade or harm biological resources or ecosystem processes within the adjacent Conservation Area.
2) Toxics ̶ Land uses proposed adjacent to or within a Conservation Area that use chemicals or generate byproducts such as manure that are potentially toxic or may adversely affect wildlife and plant species, Habitat, or water quality shall incorporate measures to ensure that Project
Applicant(s)/Developer(s),
Project Biologist, Design
and Development Director
or his/her designee
During review of
building plans/site
plan review
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-6 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
application of such chemicals does not result in any discharge to the adjacent Conservation Area.
3) Lighting ̶ For proposed Development adjacent to or within a Conservation Area, lighting shall be shielded and directed toward the developed area. Landscape shielding or other appropriate methods shall be incorporated in project designs to minimize the effects of lighting adjacent to or within the adjacent Conservation Area in accordance with the guidelines to be included in the Implementation Manual.
4) Noise ̶ Proposed Development adjacent to or within a Conservation Area that generates noise in excess of 75 dBA Leq hourly shall incorporate setbacks, berms, or walls, as appropriate, to minimize the effects of noise on the adjacent Conservation Area in accordance with guidelines to be included in the Implementation Manual. 5) Invasives ̶ Invasive, non-native plant species shall not be incorporated in the landscape for land uses adjacent to or within a Conservation Area. Landscape treatments within or adjacent to a Conservation Area shall incorporate native plant materials to the maximum extent feasible; recommended native species are listed in Table 4-112. The plants listed in Table 4-113 shall not be used within or adjacent to or within a Conservation area. The list may be amended from time to time through a Minor Amendment with Wildlife Agency Concurrence.
6) Barriers ̶ Land uses adjacent to or within a Conservation Area shall incorporate barriers in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping in a Conservation Area. Such barriers may include native landscaping, rocks/boulders, fencing, walls and/or signage.
7) Grading/Land Development ̶ Manufactured slopes associated with site Development shall not extend into adjacent land in a Conservation Area
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-7 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
BIO-6 A site specific final acoustical analysis is required once a site specific site plan is made available in order to demonstrate compliance with the CVMSCHP noise threshold. If the results of the acoustical analysis conclude that proposed development will exceed acceptable noise levels, the proposed development project shall be redesigned to ensure consistency with the CVMSHCP Adjacency noise requirements.

Project
Applicant(s)/Developer(s),
Noise Specialist,
Community Development
Director or his/her
designee
Prior to approval of
building permits
RR-4 New development projects are required to pay the most current CVMSHCP (2017) mitigation fee rate of $5,529 per acre of commercial/industrial use.

Project
Applicant(s)/Developer(s),
Design and Development
Director or his/her
designee
Prior to grading and
land disturbance
activities
RR-5 Prior to start of construction, the project proponent must obtain a Section 404 Permit with the USACE for Waters of the US that could be impacted by development of the proposed project.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to start of
construction
RR-6 Per CVMSHCP, the project proponent must undergo Joint Project Review to ensure Plan implementation. The project proponent must submit the application to CVCC which would trigger the Joint Project Review process.

CVCC and wildlife agencies would supply comments within 30 days of receipt of the application and any impacts to covered species within the Conservation Area would be discussed.

Project
Applicant(s)/Developer(s),
CVCC Representative,
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
Cultural Resources
CR-1 The portion of Varner Road located within the project site shall be documented following the guidelines of the Historical American Engineering Record (HAER) as stated in the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (48 CFR 190: 44730-34).

Project
Applicant(s)/Developer(s),
Project Archaeologist,
Licensed Cultural
Resources Specialist
Prior to grading and
land disturbance
activities
CR-2 Prior to construction of the proposed water/sewer alignment, the area that was not surveyed due to access restrictions (see Exhibit 4.5-1) must be surveyed for archaeological resources. If cultural resource(s) are identified in the alignment that cannot be avoided, all activity in the area of the find shall cease until the cultural resource(s) can be evaluated by a Project
Applicant(s)/Developer(s),
Project Archaeologist,
Licensed Cultural
Resources Specialist
Prior to grading and
land disturbance
activities
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-8 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
qualified archaeologist. If the qualified archaeologist determines that the resources may be significant, he or she shall notify the project proponent and shall develop an appropriate plan of action for the resources. The project proponent shall consult with appropriate Native American tribal representatives (if the find is prehistoric in nature), then the resource(s) shall be evaluated for listing on the CRHR.

CR-3 If during the course of excavation, grading or construction, artifacts or other archaeological resources are discovered, all work in the immediate area of the find shall be halted and the project proponent or his/her designee shall immediately notify the City of Desert Hot Springs City Planner. A qualified archaeologist shall be called to the site by, and at the expense of, the project proponent to evaluate the significance of the find using CRHR eligibility criteria. If evaluated as eligible and the find cannot be avoided, the archaeologist must prepare and submit a data recovery plan to the City Planner. Upon approval, the data recovery plan shall be implemented. Work shall resume after consultation with the City of Desert Hot Springs and implementation of the recovery plan by the archaeologist.

Project
Applicant(s)/Developer(s),
Project Archaeologist
During ground
disturbing activities
associated with
grading and/or
construction
CR-4 If a paleontological resource is accidentally uncovered during grading or construction activities for the project, the project proponent shall be required to notify the City of Desert Hot Springs City Planner immediately and all excavation work within ten feet of the find shall cease immediately.

A qualified paleontologist shall be consulted to determine the necessity for monitoring any excavation and to evaluate any paleontological resource exposed during construction. Construction activity shall resume upon consultation with the City and upon implementation of the recommendations of the paleontologist.

Project
Applicant(s)/Developer(s),
Project Paleontologist
During ground
disturbing activities
associated with
grading and/or
construction
CR-5 If human remains are uncovered during excavation or grading activities on the project site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:

The Riverside County Coroner has been contacted and determined that no investigation of the cause of death is required, and
Construction Contractor,
Riverside County Coroner
At time of
occurrence
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-9 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
If the coroner determines the remains to be Native American:

The coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall designate the person or persons it believes to be the Most Likely Descendent (MLD) of the decreased Native American. The MLD may make recommendations to the landowner or person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. The City and developer shall work with the designated MLD to determine the final disposition of the remains.

Geology and Soils
GEO-1 The project applicant(s) shall appoint a licensed Geotechnical Engineer to observe site clearing, grading and the bottoms of excavations before placing fill, with the additional implementation of preventative measures into the site grading plans to reduce seasonal flooding and erosion.

Project
Applicant(s)/Developer(s),
Project Engineer
During construction
activities
GEO-2 The project applicant(s) shall ensure that overexcavation and recompaction of site soils are performed in accordance with the specifications outlined in the Geotechnical Engineering and Infiltration Update Report, or most recent geotechnical report, and the stipulations of the appointed licensed Geotechnical Engineer assigned to the Specific Plan to mitigate excessive dry seismic settlement.

Project
Applicant(s)/Developer(s),
Project Engineer
During construction
activities
GEO-3 The project applicant(s) shall ensure that the procurement and implementation of engineered fill soils are in accordance with the specifications outlined in the Geotechnical Engineering and Infiltration Update Report, or most recent geotechnical report, in order to mitigate the potential impacts of subsidence, and collapsible and expansive soils.

Project
Applicant(s)/Developer(s),
Project Engineer
During construction
activities
GEO-4 The project applicant(s) shall ensure that sufficient water is added to soils for compaction purposes, in accordance with the recommendation of the Geotechnical Engineering and Infiltration Update Report, or most recent geotechnical report.

Project
Applicant(s)/Developer(s),
Project Engineer,
Construction Contractor
During construction
activities
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-10 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
GEO-5 The project applicant(s) shall appoint a licensed engineer competent in corrosion mitigation review of corrosive results conducted by Earth Systems South West, to design corrosion protection appropriately.

Additionally, a competent engineer in corrosion analysis shall also be appointed to evaluate the corrosive results in relation to other corrosive constituents that may be of concern such as nitrates, ammonium, etc.

Project
Applicant(s)/Developer(s),
Project Engineer
During construction
activities
RR-7 All proposed structures shall be engineer designed and constructed to earthquake-resistant parameters in compliance with the 2016 edition of the California Building Code (CBC).

Project
Applicant(s)/Developer(s),
Project Engineer,
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
Greenhouse Gas Emissions
GHG-1 The project applicant(s) shall implement onsite sustainability design features, including solar panels on all industrial building rooftops (except cultivation buildings) and carport shade structures, and a solar farm and/or wind farm that will provide at least 10 percent of the DLVSP’s electrical energy needs.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
GHG-2 The project applicant(s) shall ensure that all faucets, toilets and showers installed in the proposed structures utilize low-flow fixtures that would reduce indoor water demand by 20 percent per CalGreen Standards, water-efficient landscaping practices are employed onsite.

Project
Applicant(s)/Developer(s),
Building Official or his/her
designee
During review of
building plans/site
plan review
GHG-3 The project applicant(s) shall implementation of recycling programs that reduce waste to landfills by a minimum of 75 percent (per AB 341).

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
and ongoing during
operation
GHG-4 The project applicant(s) shall ensure that high-efficiency lighting (such as LED lighting that is 34 percent more efficient than fluorescent lighting) be installed onsite.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-11 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
GHG-5 The project applicant(s) shall ensure that employee vanpool/ride share programs are provided for at least 80 percent of onsite employees.

Project
Applicant(s)/Developer(s);
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
GHG-6 The project applicant(s) shall ensure that the re-application of architectural coatings to protect buildings is limited to 10 grams per liter VOC, and traffic paints are limited to 100 grams per liter VOC content.

Project Applicant,
Construction Contractor,
Building Official or his/her
designee
Ongoing as
proposed
reapplication of
coatings are
required
GHG-7 The project applicant(s) shall provide sidewalks onsite. Project Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
GHG-8 The project applicant(s) shall require that all building structures meet or exceed 2016 Title 24, Part 6 Standards and meet 2016 Green Building Code Standards.

Project
Applicant(s)/Developer(s),
Construction Contractor;
Building Official or his/her
designee
During review of
building plans/site
plan review
Hazards and Hazardous Materials
HAZ-1 Prior to issuance of Certificate of Occupancy, the project applicant(s) that propose to recycle onsite wastewater involving the use of a reverse osmosis (RO) wastewater purification system shall provide the City with information on how concentrated levels of TDS and brine solutions will be disposed of. Proof of contract with a licensed hazardous waste hauler that will be responsible for removing all hazardous wastewater and solid waste generated at the cultivation site will be required.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
HAZ-2 Prior to construction of any new building where cannabis cultivation utilizing a hydroponic growing system is proposed, the project applicant(s) shall provide the City and the Riverside County Department of Environmental Health with a detailed description of the project’s proposed treatment for wastewater discharge associated with cultivation. This Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee; RCDEH
Prior to issuance of
Building Permits
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-12 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
description shall include how the project applicant(s) will test and dispose of wastewater to the onsite centralized package treatment plant.

RR-8 Prior to issuance of building permits on vacant or undeveloped parcels within the project site, the project applicant(s) shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for all developments that disturb one acre or more. The SWPPP shall provide a list of Best Management Practices (BMPs) for the control and treatment of runoff from the project site.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
Prior to issuance of
Building Permits
RR-9 Prior to each Certificate of Occupancy in compliance with Chapter 6.95 of the California Health & Safety Code (HSC) and Title 19, Division 2, of the California Code of Regulations (CCR), the project applicant(s) shall prepare a Hazardous Materials Business Emergency Plan (HMBEP) for all new development projects that include the storage and use of hazardous materials at or above reporting criteria thresholds. The HMBEP shall be reviewed and approved by the County of Riverside CUPA and the Department of Environmental Health prior to operation of the business.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
RR-10 Prior to each Certificate of Occupancy, the project applicant(s) shall prepare a Spill Prevention Countermeasures Contingency Plan (SPCC) that addresses appropriate protocol measures to contain accidental spills of hazardous materials for all new development projects that include the use and storage of hazardous materials. A SPCC spill kit shall also be placed onsite at the business or facility. The SPCC shall be reviewed and approved by the County of Riverside CUPA and the Department of Environmental Health prior to operation of the business.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
RR-11 As part of the City’s Development Review process, the project applicant(s) shall submit plans to the Fire Department for review and conditioning for safe accessibility of fire and ambulatory services, and for appropriate evacuation routing of the project development in the event of an emergency.

Project
Applicant(s)/Developer(s),
Fire Department
Representative,
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
Hydrology and Water Quality
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-13 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
HWQ-1 Because the proposed private wells on site are anticipated to pump more than 25 acre-feet per year from the aquifer, the project applicant will be required to pay the Replenishment Assessment Charge (RAC) to CVWD before issuance of a certificate of occupancy to contribute to groundwater replenishment efforts. The applicant shall provide proof of payment to the City before issuance of proof of occupancy and before start of project operations.

Project
Applicant(s)/Developer(s),
Fire Department
Representative,
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy
RR-12 Prior to issuance of building permits on vacant parcels within the DLVSP site, a WQMP for post-construction conditions shall provide a list of appropriate Best Management Practices (BMPs) for the control and treatment of runoff from the project site.

Project
Applicant(s)/Developer(s),
Construction Contractor
Prior to issuance of
Building Permits
RR-13 Prior to issuance of grading permits, the project proponent must obtain a CLOMR from FEMA for the proposed development areas on the project site.

Project Applicant,
Community Development
Director or his/her
designee
Prior to issuance of
Grading Permits
RR-14 Prior to issuance of building permits, the project proponent must obtain a LOMR from FEMA to finalize the revised floodplain mapping.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Building Permits
Noise
NOI-1 During all project site excavation and grading onsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards.

Construction Contractor During Construction
Activities
NOI-2 Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site.

Construction Contractors During Construction
Activities
NOI-3 Construction contractors shall ensure that equipment is shut off and not left to idle when not in use.

Construction Contractors During Construction
Activities
NOI-4 Construction contractors shall locate equipment staging in areas that will create the greatest distance between construction‐related noise/vibration Construction Contractors During Construction
Activities
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-14 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
sources and sensitive receptors nearest the project site during all project construction.

NOI-5 Construction contractors shall ensure that jackhammers, pneumatic equipment, and all other portable stationary noise sources are shielded and noise is directed away from sensitive receptors.

Construction Contractors During Construction
Activities
NOI-6 The project is required to comply with 2016 CalGreen Code Section 5.507, Environmental Comfort. Prior to issuance of building permits the project proponent shall submit an acoustic report that demonstrates compliance to acoustic requirements set forth by CalGreen Code, to the satisfaction of the Community Development Director or his/her designee. The acoustic report shall provide either a prescriptive or performance based evaluation.

Project
Applicant(s)/Developer(s),
Building Official or his/her
designee
Prior to issuance of
Building Permits
NOI-7 The project applicant(s) will be required to adhere to 2016 Title 24 during all construction activities, which states that interior noise levels within multiple‐family or habitable dwelling units generated by exterior noise sources shall not exceed 45 dBA Ldn/CNEL, with windows closed, in any habitable room for general residential uses. In order to ensure this standard is met, all exposed exterior wall assembly/window combinations that face the I‐10 freeway and subject roadways need to provide an exterior to interior noise reduction of at least 33 dBA if located within 300 feet of the centerline of the I‐10 freeway and/or a noise reduction of 30 dBA if located within 450 feet of the centerline of the I‐10 freeway. Prior to issuance of building permits, the project proponent for any development project within the project site shall submit site specific noise studies that show how noise from the freeway would be attenuated, to the satisfaction of the Community Development Director or his/her designee.

Project
Applicant(s)/Developer(s),
Building Official or his/her
designee
Prior to issuance of
Building Permits
NOI-8 Prior to construction of the wastewater treatment plant, proposed to be located in the southeast corner of the project site, a site specific noise study shall be prepared to determine the amount of noise generated by the plant, and to establish attenuation requirements, to the satisfaction of the Community Development Director or his/her designee, to address proximity to the existing single family residence located approximately 200 feet south of the project site; as well as any future noise sensitive uses Project
Applicant(s)/Developer(s),
Noise Specialist,
Community Development
Director or his/her
designee
Prior to start of
construction
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-15 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
(hotel) that may be located on the project site in close proximity to the plant site.

RR-15 Due to the proximity of the project site (within 65 dBA CNEL of freeway) as it relates to the I-10 Freeway, the project proponent (where occupants will likely be affected by exterior noise) is required to comply with 2016 CalGreen Code Section 5.507 Environmental Comfort. Prior to issuance of building permits the project proponent shall submit an acoustic report that demonstrates compliance to acoustic requirements set forth by CalGreen Code. The acoustic report shall provide either a prescriptive or performance based evaluation.

Project
Applicant(s)/Developer(s),
Building Official or his/her
designee
Prior to Issuance of
Building Permits
RR-16 The project proponent will be required to adhere to 2016 Title 24 Chapter 12 – Interior Environment – Section 1207 during all construction activities, which states that interior noise levels within multiple family or habitable dwelling units generated by exterior noise sources shall not exceed 45 dBA Ldn/CNEL, with windows closed, in any habitable room for general residential uses. In order to ensure this standard is met, all exposed interior wall assembly/window combinations that face the I-10 Freeway and subject roadways need to provide an exterior to interior noise reduction of at least 33 dB.

Project
Applicant(s)/Developer(s),
Construction Contractor,
Building Official or his/her
designee
During Construction
Activities
Public Services
RR-17 The project applicant(s) shall participate in the Development Impact Fee Program as adopted by the City of Desert Hot Springs for applicable development projects to compensate for the costs necessary to maintain an acceptable level of service to the project site.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy for each
new project
RR-18 The City and Riverside County Fire Department shall continue to confer and coordinate with the City of DHS to ensure that facilities and services associated with the DLVSP are expanded in a timely manner.

Community Development
Director or his/her
designee, Fire Department
Representative
During review of
building plans/site
plan review for each
new project
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-16 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
RR-19 The Riverside County Fire Department shall continue to review and evaluate new development proposals and project plans associated with the DLVSP to ensure that it can provide adequate fire protection.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee, Fire Department
Representative
During review of
building plans/site
plan review for each
new project
RR-20 The project applicant(s) shall participate in the Development Impact Fee Program as adopted by the City of Desert Hot Springs for applicable development projects to compensate for the costs necessary to maintain an acceptable level of service.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy for each
new project
RR-21 The project applicant(s) shall be subject to Police Department review for applicable development projects to assure that the Department can provide adequate police protection.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee, Police
Department
Representative
During review of
building plans/site
plan review for each
new project
RR-22 Due to the size and nature of development, the project applicant(s) shall implement around the clock security, including video cameras and security personnel, to eliminate unnecessary response to the facilities.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
During ongoing
operation
RR-23 The City shall monitor population increases and Police Department staffing levels to ensure the provision of police protection services at sufficient levels.

Community Development
Director or his/her
designee, Police
Department
Representative
During review of
building plans/site
plan review
RR-24 The project applicant(s) shall be assessed statutory school mitigation fees, in place at the time industrial and commercial projects are proposed.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Certificate of
Occupancy for each
new project
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-17 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
Traffic and Circulation
The offsite mitigation measures (CIR-1 through CIR-6) are recommended for Year 2035 with Project traffic conditions. Future projects developed at the DLVSP project site will be responsible for paying a fair share contribution to the intersection improvements. This will be calculated on a project by project basis as projects are proposed and project specific traffic studies are prepared for each new project. The Project Fair Share Contribution below identifies the cost for intersection improvements that the DLVSP projects in the aggregate.

Project Fair Share Contribution Table
Intersection Improvement Cost EstimateP
1 Project Fair Share of
Cost EstimateP
2 Palm Drive (NS) at:

Two Bunch Palms
Drive (EW) - #7
Install EB right turn overlap
signal phasing
$ 25,000 $ 11,450
Camino Aventura
(EW) - #9
Install traffic signal $ 400,000 $ 212,800
20P
thP Avenue (EW) -
#10
Install traffic signal $ 400,000 $ 187,200
Varner Road (EW) -
#12P
3 Construct additional SB
through lane
Construct WB left turn lane
Construct WB right turn lane
Install WB right turn overlap
signal phasing
$ 289,720
$ 50,000
$ 50,000
$ 25,000
$ 323,896
Gene Autry Trail
(NS) at:

Vista Chino (EW) -
#15
Construct additional NB left
turn lane Construct
additional SB through
lane
Install SB right turn overlap
signal phasing
$ 50,000
$ 289,720
$ 25,000
$ 121,087
Total $ 1,604,440
CIR-1 Palm Drive at Two Bunch Palms Trail (#7):
o Install an eastbound right turn overlap traffic signal phasing To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-18 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
CIR-2 CIR-2 Palm Drive at Camino Aventura (#9):
o Install a traffic signal
To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
CIR-3 Palm Drive at Camino Campanero (#8):
o Construct a northbound left turn lane
o Construct an eastbound shared left/through/right turn lane o Construct a westbound through lane
To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
CIR-4 Palm Drive at 20UPUthUPU Avenue (#11):
o Install a traffic signal
To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
CIR-5 Palm Drive at Varner Road (#12):
o Construct two additional northbound left turn lanes
o Construct three total outbound lanes on west leg of the intersection o Construct additional southbound through lane
o Construct additional outbound lane on southbound leg of the intersection
o Construct an eastbound left turn lane
o Construct an eastbound free right turn lane
o Construct a westbound left turn lane
o Construct westbound right turn lane
o Install westbound right turn overlap traffic signal phasing To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
CIR-6 Gene Autry Trail at Vista Chino (#15):
o Construct an additional southbound through lane
o Construct additional northbound left turn lane
o Install a southbound right turn overlap traffic signal phasing To be provided by City
Staff
Prior to issuance of
Certificate of
Occupancy for each
new project
The following offsite mitigation measures are recommended for Year 2035 with Project traffic conditions. Future projects developed at the DLVSP project site will be responsible for paying a fair share contribution to the intersection improvements. This will be calculated on a project by project basis as projects are proposed and project specific traffic studies are prepared for each new project.

CIR-7 The project applicant(s) shall construct all site access related improvements, including travel lanes on Varner Road in each direction between the project site and the Palm Drive and Varner Road intersection.

Project
Applicant(s)/Developer(s),
Construction Contractor,
During Construction
Activities
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-19 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
Timing of construction of these improvements shall be at the discretion of the City Engineer or his/her designee, as new development projects at the project site are proposed.

City Engineer or his/her
designee
CIR-8 The project applicant(s) shall construct all onsite and site-adjacent improvements, including traffic signing/striping and project driveways, as approved by the City of Desert Hot Springs Public Works Department.

Timing of construction of these improvements shall be at the discretion of the City Engineer or his/her designee, as new development projects at the project site are proposed.

Project
Applicant(s)/Developer(s),
Construction Contractor,
City Engineer or his/her
designee
During Construction
Activities
CIR-9 Varner Road along the project boundary shall be constructed at its ultimate cross-section width, including landscaping and parkway improvements in conjunction with development, or as otherwise approved by the City of Desert Hot Springs Public Works Department. Timing of construction of these improvements will be at the discretion of the City Engineer or his/her designee, as new development projects at the project site are proposed.

Project
Applicant(s)/Developer(s),
Construction Contractor,
City Engineer or his/her
designee
During Construction
Activities
CIR-10 On-site parking shall be provided to the satisfaction of the City of Desert Hot Springs Planning Department.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
During review of
building plans/site
plan review
CIR-11 Sight distance at the project accesses shall comply with standard Caltrans and City of Desert Hot Springs sight distance standards. The final grading, landscaping, and street improvement plans shall demonstrate that sight distance standards are met. Such plans must be reviewed and approved as consistent with this measure prior to issuance of grading permits and shall be reviewed on a project by project basis.

Project
Applicant(s)/Developer(s),
Project Engineer, City
Engineer or his/her
designee
Prior to issuance of
Grading Permits
CIR-12 The project Applicant(s) proposing development within the project site shall participate in phased construction of off-site traffic signals through payment of traffic signal mitigation fees. At the discretion of the City Engineer or his/her designee, payment of fees sum may be required of the project proponent prior to development of the first new development project, or collected as each new development project is proposed. The traffic signals within the TIA study area at buildout should specifically Project
Applicant(s)/Developer(s),
City Engineer or his/her
designee
Prior to issuance of
Building Permits
Item Number: 1.

F.4 Mitigation Monitoring and Reporting Program
Desert Land Ventures Final EIR F.4-20 March 2018
Mitigation Measures and Regulatory Requirements Responsible Party Timing of Compliance
Signature
and Date of
Compliance
include an interconnect of the traffic signals to function in a coordinated system.

CIR-13 The project applicant should contribute on a fair share basis through the City’s Development Impact Fee Circulation Systems Streets, Traffic Signals, and Bridges Program, or in dollar equivalent in lieu mitigation contributions, in the implementation of the recommended improvements.

Project
Applicant(s)/Developer(s),
City Engineer or his/her
designee
Prior to issuance of
Building Permits
Tribal Cultural Resources
TCR-1 Prior to commencement of any ground disturbing activities, the applicant or his/her designee shall coordinate with the tribes who have requested the presence of a Native American monitor to ensure that their request has been addressed. The approved Native American Cultural Resource Monitor shall be present during ground-disturbing activities (including archaeological testing and surveys). Should buried tribal cultural resources deposits be encountered, the monitor may request that construction be halted, and the monitor shall notify a qualified archaeologist, meeting the Secretary of Interior’s Standards and Guidelines for Professional Qualifications, to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer (SHPO) and the Agua Caliente Tribal Historical Preservation Office (THPO).

Project
Applicant(s)/Developer(s),
Licensed Native American
Monitor, Tribal
Representatives,
Community Development
Director or his/her
designee
During Ground
Disturbing Activities
Utilities and Service Systems
RR-25 Prior to issuance of construction permits, contractors shall prepare and implement Construction and Demolition Waste Reduction/Recycling Plans, for review and approval by the City Engineer or his/her designee.

Project
Applicant(s)/Developer(s),
Community Development
Director or his/her
designee
Prior to issuance of
Building Permits
Item Number: 1.

In Reply Refer to:

FWS/CDFW-2026-0062513-HCP-TA-ERV
March 16, 2026
Sent by Email
Peter Satin
Conservation Program Manager
Coachella Valley Conservation Commission
74-199 El Paseo
Palm Desert, California 92260
[email protected]
Travis Clark
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
[email protected]
RE: Wildlife Agencies’ Comments Regarding CVCC 25-003 Desert Land Ventures Flood Control Structure Project
Dear Peter Satin and Travis Clark:

The U.S. Fish and Wildlife Service and California Department of Fish and Wildlife (collectively, the Wildlife Agencies) have reviewed the comments prepared by the Coachella Valley Conservation Commission (CVCC) regarding the Desert Land Ventures Flood Control Structure Project (Project) on its consistency with the Conservation Area Conservation Objectives and Required Measures and the delineation of the status of rough step in the affected Conservation Area. The proposed Project is partially located within the Willow Hole Conservation Area (WHCA) of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) area. The Project Applicant, Desert Land Ventures III, LLC (Applicant), proposes a flood control structure at the northwest corner of Varner Road and West Drive and an industrial complex at the southwest corner of Varner Road and West Drive in the City of Desert Hot Springs (City), California.

As discussed during our call on January 29, 2026, the Wildlife Agencies are concerned about the placement of a flood control structure in a designated sand transport area within the WHCA and the anticipated long-term periodic impacts to Covered Species associated with removing sediment from the flood control structure and spreading out sediments at a deposition site within a Conservation Area. The Wildlife Agencies continue to recommend that the Applicant considers design alternatives that relocate the flood control structure outside designated sand transport areas and the WHCA.

Item Number: 1.

2 If the relocation of the flood control structure is not possible, the Wildlife Agencies request that additional information is provided on plans to relocate sand that collects in the flood control structure. Activities associated with the periodic collection of sand from the flood control structure and spreading of this sand at a deposition area will have direct negative impacts on any wildlife including Covered Species that occupy these areas. The Wildlife Agencies are available to review plans for relocating sand that collects within the Project’s flood control structure, i.e., the location and area where sand will be deposited so it is made available for wind sorting and transport back into appropriate habitat within the WHCA, how it will be spread out to be appropriately available for wind transport, and measures to reduce impacts on any Covered Species that may use the sand deposition area, etc. The Wildlife Agencies support CVCC’s comment that sand that collects within flood control infrastructure located south of Varner Road should not be included in plans for sand relocation given the potential for these sediments to become contaminated.

The Wildlife Agencies support CVCC’s comment that the time period between site grading and Project construction be reduced to the maximum extent possible to reduce the opportunity for Covered Species, including western burrowing owl (Athene cunicularia hypugaea; burrowing owl), to occupy or recolonize the Project site. Burrowing owls can quickly occupy disturbed areas with limited vegetation cover, such as a graded area being prepared for development. Also, Conservation Objective 10 for the WHCA requires Permittees to “Conserve occupied burrowing owl burrows as described in Section 4.4 of the CVMSHCP for burrowing owl avoidance, minimization, and mitigation measures.” Per Section 4.4, Permittees are required to conduct surveys for burrowing owl following protocols accepted by the Wildlife Agencies and establish appropriate no-disturbance buffers around active burrows during the breeding season. Further, all Covered Activities must comply with laws that protect nesting birds and birds of prey, i.e., Fish and Game Code sections 3503 and 3503.5 and the Migratory Bird Treaty Act; therefore, impacts to burrowing owl individuals, nests, and eggs must be avoided at all times. Additionally, per Section 4.4 of the CVMSHCP, if burrowing owl relocations are proposed, the general method (i.e., active, passive, or eviction) will be determined in coordination with the Wildlife Agencies, and any relocations must follow protocols that are approved by the Wildlife Agencies.

Required Measure 7 for the WHCA states that “The Permittees shall comply with applicable CVMSHCP avoidance, minimization, and mitigation measures described in Section 4.4 and the Land Use Adjacency Guidelines as described in Section 4.5.” The Project shares a common boundary with a delineated biological corridor for Coachella Valley round-tailed ground squirrel (Xerospermophilus tereticaudus chlorus) and Palm Springs pocket mouse (Perognathus longimembris bangsi). Conservation Objective 7a for the WHCA outlines the goal of conserving “the Mission Creek Biological Corridor north of the freeway to maintain potential Habitat connectivity for Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse, and to maintain ecosystem function for Covered Species.” As a Permittee to the CVMSHCP, the City is required to ensure that the Project is consistent with requirements to maintain a functional Mission Creek Biological Corridor and comply with Land Use Adjacency Guidelines, including Item Number: 1.

3 reducing edge effects of the Project on the adjacent Mission Creek Biological Corridor. This includes ensuring edge effects of the Project, such as artificial nighttime lighting and noise associated with initial construction and long-term operations do not negatively impact the function of the biological corridor for Palm Springs pocket mouse and Coachella Valley roundtailed ground squirrel. For example, the City needs to ensure any artificial nighttime lighting associated with the Project is fully shielded and does not spill over into the Mission Creek Biological Corridor. To this end, the Wildlife Agencies support CVCC’s recommendations regarding lighting and noise on pages 6 and 7 of their comments. The Wildlife Agencies are available to review documentation related to artificial nighttime lighting designs and noise studies to support the Project and City in implementation consistent with the CVMSHCP.

The Wildlife Agencies also concur with CVCC’s consistency analysis and recommendations regarding maintaining a width of less than 74 feet and no more than one through travel lane in each direction for the section of Varner Road within and adjacent to the WHCA.

If you have any questions about these comments, please contact Jacob Skaggs, Senior Environmental Scientist Specialist ([email protected]) or Lory Salazar-Velasquez, Fish and Wildlife Biologist ([email protected]).

Sincerely,
for Heather Brashear for Brian Croft
Senior Environmental Scientist Specialist Field Supervisor California Department of Fish and Wildlife U.S. Fish and Wildlife Service ec:

Tom Donahue, Newland Capital Group
[email protected]
Kathleen Brundige, CVCC
[email protected]
Nicole Criste, Terra Nova Planning & Research, Inc.
[email protected]
MARY
WOULFE
Digitally signed by

MARY WOULFE
Date: 2026.03.16
14:30:16 -07'00'
Item Number: 1.

Judy Deertrack
Deertrack Consulting, LLC
Palm Springs, CA 92262
Phone: 760 325 4290
Email: [email protected]
April 7, 2026
To the Honorable City Council
City of Desert Hot Springs, CA
Attn: Travis Clark, Community Development Director
Attn: Jerryl Soriano, City Clerk
Attn: Patricia Villagomez, Planning Manager
Re: A Resolution of the Planning Commission Recommending That the City Council of the City of Desert Hot Springs, California, 1) Adopt an Addendum to the Desert Land Ventures Environmental Impact Report (SCH 2017051070, ENV 252); 2) Approve DHS Varner Road Specific Plan Amendment (SP 242), Amending the Desert Land Ventures Specific Plan in the City; 3) General Plan Amendment (GPA 241); 4) Tract Map (TM 251); 5) Design Review (Dr 244), and 6) Approve an Ordinance Amending Chapter 17.210 to Amend the Desert Land Ventures Specific Plan and Develop a Logistics Center
To Whom It May Concern:

Please accept my concerns about the profound shift in public purpose in the DHS Varner Road Specific Plan. In 2018, this project was conceived and approved as a mixed-use business park designed as a gateway concept to Desert Hot Springs, with scenic values and tourism-hospitality attributes that were specifically designed as linkage to the Palm Drive corridor and Hot Water Spa Hospitality Zone.

In its amended status, the specific plan tourism-commercial and scenic values have been sacrificed to a monolith logistic center that stands alone, potentially covers 1.5 million square feet, and may rise to a height of 100 feet. All commercial hospitality/tourism resort features were removed in the amendment. California planning law requires the project to confirm to the goals and policies crafted for this area. Those goals were quite specific, reside within the consistency review for the 2018 Specific Plan EIR, and have not been met.

The applicant proposes a change in use and re-purposing of the original planned cannabis facility to warehousing operations that not only dramatically affect its scenic values and community character, but also pose significant impacts to traffic congestion and air quality at the gateway intersection of Interstate 10 and Palm Drive – proposing to assess the environmental impacts through an Addendum to the EIR (classified as minor or ministerial changes to a project).

Accordingly, I request that the City Council deny the project because – (1) The project fails to conform to or remain consistent with core goals, policies and objectives of the Desert Hot Springs General Plan, I-10 Annexation Plan, and Area Plan, and (2) fails to properly assess significant environmental impacts under CEQA, particularly scenic, air quality, and transportation/traffic, roadway/circulation.

Item Number: 1.

2 NEW PROJECT VERSUS REVISED PROJECT:

Please note the approved Desert Land Ventures Specific Plan (2018) gives an excellent and detailed description of the ‘balance of uses’ anticipated for the Interstate 10 / Palm Drive ‘Gateway’ to Desert Hot Springs (Proposing mixed-use Light Industrial / Sustainable & Renewable Technology / Tourism / Hospitality / Destination Resort / Commercial Retail).

The Amended DHS Varner Road Specific Plan (2026) has been revised to single-purpose logistics.

The inquiry is twofold: (1) Is this repurposing of the Gateway Concept a ‘new project’ for purposes of CEQA? (2) Is the single-use revision (warehousing alone) a violation of the City of Desert Hot Springs General Plan and Interstate 10 Annexation / Corridor Plan for purposes of required ‘specific plan consistency’ with the policies, goals, and programs of the General Plan? Please review pertinent sections of the 2018 Specific Plan NOA and Specific Plan Appendix A, General Plan Consistency Review (Exhibit B herein).

Adopted 2018 Desert Land Venture Specific Plan Project Description (Notice of Availability January 5, 2018):
“The overall purpose and intent of the DLVSP is to provide the land use and regulatory framework to allow for the systematic development of the project site from vacant land into a master-planned industrial and technology business park with freeway-oriented commercial and hospitality uses.

Approximately 62.9 acres of the project site would accommodate a mix of industrial and commercial land uses and up to 150 hotel rooms/keys. Industrial uses would include, but are not limited to, marijuana facilities (cultivation, processing, manufacturing, testing and distribution), warehousing and distribution, light manufacturing facilities, and mixed use office/industrial.

Commercial uses could include a variety of retail trade and services, including but not limited to accessory retail uses, restaurants, retail stores, bed and breakfast establishments, motels or hotels, medical services and offices, marijuana dispensaries, and research and development facilities.

Approximately 38.7 acres of the site would be set aside for Open Space/Conservation within the CVMSHCP Willow Hole Conservation Area, and only ten percent would be developed with water or energy facilities, consistent with the CVMSHCP.” [emphasis added]
Amended Specific Plan Project Description (Planning Commission Staff Report, March 24, 2026):
“On September 26th, 2024, the applicant Newland Capital Group submitted a Specific Plan Amendment (SP 242), a General Plan Amendment (GPA 241), Environmental application (ENV 25 2), Tract Map (TM 251), and Design Review (DR 244), to amend the Desert Land Ventures Specific Plan.

The Specific Plan Amendment application is to modify the Specific Plan to allow up to 1.5 million square feet of logistics space and adjust the development standards and guidelines to support the proposed changes. The General Plan Amendment is to remove Mihalyo Road from the City’s Mobility and Infrastructure Element Roadway Item Number: 1.

3 Plan. The Tentative Parcel Map proposes to subdivide the site into four (4) parcels, and the Design Review application is for the development of a distribution warehouse.

The Design Review application for the project proposes the development of approximately 1.16 million square feet of distribution warehouses on 123 acres of land, which is currently vacant and undeveloped, located north of Interstate 10 Freeway and approximately 2,800 feet west of the intersection of Palm Drive and Varner Road.” [emphasis added]
Discussion: The choice of environmental review with an Addendum to an EIR under CEQA Guideline 15164 (Minor or Ministerial Changes) fails to meet the review standards of the California Environmental Quality Act (CEQA) on environmental review under CEQA Guideline 15162. The specific plan revisions generate ‘restriction of use’ in a specific plan designed under regional and area standards to create ‘balance of uses’ within a key development corridor of the City of Desert Hot Springs. The question becomes whether the DHS Varner Road Specific Plan is a new project – and whether it violates citywide planning standards for regional and area development.

Is this a new project, exclusively dedicated to logistics, with lands conserved for open space only because required under the strict provisions of the Willow Hole Conservation Area CVMSHCP requirements? If the logistic project defeats the specific plan purpose to goals, policies, and objectives to the area plan for the City of Desert Hot Springs, it requires de novo and comprehensive review, including an Initial Study and Draft EIR that can focus upon the profound impact of eliminating a gateway concept for the development of Desert Hot Springs as a ‘hospitality’ and resort destination city.

The regulatory framework for the Desert Land Ventures Specific Plan (2018) is referenced in Appendix A to the adopted 2018 DLVSP and its certified EIR (Exhibit B herein).

The Amended Desert Land Ventures Specific Plan (2026) eliminates reference to the 150-room hotel, glamping units, recreation features, retail / commercial uses, and associated mixed-use business park meant to revitalize and act as a Palm Drive ‘gateway’ to Desert Hot Springs. 2018 DHS Varner Road Specific Plan - Appendix A (General Plan Consistency Table): The 2018 Specific Plan Appendix A sets forth pertinent policies from the DHS General Plan, Annexation Plan and Area Plan that drive the appropriate ‘balance of land uses’ intended for the area. The ‘Compliance Table’ that accompanies Appendix A explicitly addresses what features of the specific plan result in compliance and general plan consistency. .

Admin Element Policy 2: The City shall provide for the use of Specific Plans as a preferred method of detailed and systematic implementation of the General Plan.

Compliance with Admin Policy 2: Consistent—The Desert Land Ventures Specific Plan establishes a mix of land uses and associated infrastructure to allow for development of a key area of the City, the southern end of City of Desert Hot Springs I-10 Community Annexation area, which was annexed into the City in 2010.

As stated in Section 1.3, Purpose and Intent, of the Specific Plan, the overall purpose and intent of the Specific Plan is to generate momentum and provide the land use and regulatory framework to allow for the systematic development of the Specific Plan area into a unique place in Desert Hot Springs. The Specific Plan would help implement the vision, goals and policies of the Desert Hot Springs General Plan for Item Number: 1.

4 the Specific Plan area, as well as the objectives of City of Desert Hot Springs I- 10 Community Annexation. [emphasis added]
Land Use Element (LUE) Policy 4: Enhance the character and viability of the City’s commercial areas, primarily in the Palm Drive corridor, by integrating nearby higher density residential uses with retail and office commercial development. [emphasis added]
Compliance with LUE Policy 4: Consistent—The Specific Plan would promote the development of mixed uses within proximity of the Palm Drive corridor. The mixeduse development would provide various community retail, industrial and professional services and uses and would connect the established residential communities to the north to the southern annexed portion of the City. Overtime, as it is implemented, the Specific Plan will establish a key aesthetic, physical, and economic connection between the northern more developed portion of the City and the southern undeveloped portion, as well as with the Palm Drive corridor. [emphasis added]
Land Use Element (LUE) Policy 5:

The City shall assign Specific Plan overlay designations to land located in the City’s incorporated limits and Sphere-of-Influence to guide and assure an effective integrated mix of commercial, office, industrial and residential uses. [emphasis added]
Compliance with LUE Policy 5: Consistent—The Specific Plan area is designated as Rural Desert (RD) and Light Industrial (LI) by the City’s General Plan and Zoning Ordinance. Although the area is not within a designated Specific Plan overlay, future development would be guided by The Desert Land Ventures Specific Plan. The Specific Plan would create new land use districts for the Specific Plan area, allowing for a master- planned industrial and technology business park that accommodates a mix of industrial warehouses and businesses, as well as accommodating freeway- oriented commercial and hospitality uses. The land use districts will allow for the integration of community retail, professional services, hospitality, and light manufacturing uses within the Specific Plan area, thereby supporting this policy. [emphasis added]
Industrial Land Use Policy 4: The City of Desert Hot Springs shall seek to attract appropriate industrial users for which the area is particularly suited and encourage those industries to take advantage of the local labor force and markets with which the City has a comparative advantage.

Compliance with Industrial Policy 4: Create a unique industrial/technology park for clean manufacturing and tech-based businesses with an emphasis on renewable energy and sustainable products, with the potential for destination hospitality and commercial/retail uses. [emphasis added] Economic Development Policy 1: Establish and maintain the City’s role as an important commercial center serving the Desert Hot Springs area and the upper Coachella Valley.

Compliance with Economic Development Policy 1: Consistent— The Specific Plan allows for the development of a mix of commercial, retail, office, hospitality, Item Number: 1.

5 and light industrial uses within the Specific Plan area, which will serve the needs of Desert Hot Springs and greater Coachella Valley.

Economic Development Policy 2: Actively solicit employment and revenue generating development, including resort, commercial and industrial projects compatible and consistent with the City’s General Plan.

Compliance with Economic Development Policy 2: Consistent— As noted above, the Specific Plan allows for the development of a mix of commercial, retail, office, hospitality, and light industrial uses within the Specific Plan area. At buildout, the Specific Plan area would provide opportunities for up to 37.8 acres of mixeduse building space and 27 acres of industrial building space, which ensure that employment-generating businesses will be established. [emphasis added] GENERAL PLAN CONSISTENCY REQUIREMENTS FOR SPECIFIC PLANS:

Discussion: California law requires that a Specific Plan remain consistent with the goals, policies, and objectives of the General Plan. This doctrine is commonly referred to as the “General Plan Consistency Doctrine.” Courts have repeatedly held that the General Plan is the “constitution” for all land-use decisions, and subordinate planning documents such as specific plans must conform to it.

1. Statutory Requirement
Under California Government Code § 65454, the Legislature expressly requires consistency: “No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan.”
This means that when a city or county adopts or amends a specific plan, the agency must determine that the plan’s land uses, circulation network, infrastructure assumptions, density patterns, and development standards implement and do not conflict with the General Plan’s adopted policies and objectives.

In addition, California Government Code § 65300.5 reinforces this doctrine by requiring that the General Plan and its implementing measures be internally consistent.

2. Judicial Interpretation
California courts have consistently enforced the rule that subordinate plans must conform to the General Plan. In Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, the California Supreme Court held that: “The General Plan is the constitution for all future developments within the city or county.” Because of this principle, any implementing measure—including zoning ordinances or specific plans—that conflicts with the General Plan is invalid.

Similarly, in Families Unafraid to Uphold Rural El Dorado County v. Board of Supervisors (1998), the court reaffirmed that local land-use actions must be consistent with the General Plan’s adopted policies and standards.

3. Practical Implication for Specific Plan Amendments
Because a specific plan must implement the General Plan:

Item Number: 1.

6 - A specific plan amendment cannot undermine the circulation, land use, infrastructure, or environmental policies adopted in the General Plan.
- If an amendment alters fundamental infrastructure elements (such as a planned collector road like Mihalyo Road or circulation system), the agency must evaluate whether the amendment remains consistent with the General Plan circulation, land-use, and safety elements. - If the amendment creates a conflict with those policies or undermines their objectives, the amendment may be legally vulnerable because subordinate planning documents cannot override General Plan policy.

The recommendation is for the City of Desert Hot Springs to require full consistency review in a New Project EIR or Subsequent EIR with the Desert Hot Springs General Plan, Area Plan, Circulation Plan, Air Quality Plan, Annexation Plans, and any other pertinent plans and programs to which the Specific Plan must conform.

ENVIRONMENTAL REVIEW / REMOVAL OF A COLLECTOR ROAD / MIHALYO ROAD:

Please reference the 2026 DHS Varner Road Specific Plan at 3.3.1. Vehicular Access and Circulation.
“Mihalyo Road, which is an unpaved dirt road, traverses the Specific Plan Area from southeast to northwest along the southern boundary. Within the Specific Plan Area, this dirt road terminates near the northwestern portion of the area, where it connects to the terminus of Varner Road. Beyond the Specific Plan Area, the dirt road continues east towards Palm Drive, and beyond. A General Plan Amendment was undertaken to amend Figure MI-7, Roadways Plan, of the Desert Hot Springs Mobility and Infrastructure Element. As shown in Figure MI-7, Mihalyo Road is shown as a Collector, extending through the Specific Plan Area from its western terminus at Varner Road, easterly to Palm Drive (see Figure 2-2). The General Plan Amendment involved removal of Mihalyo Road from Figure MI-7 within the Specific Plan Area boundary between Varner Road and West Drive in order to accommodate the design of the development accommodated by the Specific Plan.” [emphasis added] A road change is material because it changes the physical environment. The Specific Plan embodies the physical design and circulation network that serves as a basis for environmental analysis. Roads (especially collector roads) influence:
-- Traffic generation, distribution and vehicle miles traveled (VMT); -- Air quality, noise, greenhouse gas emissions and other transportation-related impacts; -- Access, emergency response, and safety;
-- Land use patterns and development intensities;
-- Stormwater and drainage effects related to pavement, cut/fill and connectivity.

Changing or removing a planned road thus alters physical conditions within the area affected by the project, which CEQA treats as a significant environmental effect. Road segment changes may generate new traffic patterns and externalities that were not analyzed by shifting vehicles to other routes. Accordingly, the elimination of Mihalyo Road is a significant alteration of the project area and amends the Desert Hot Springs Mobility and Infrastructure Element without review.

Item Number: 1.

7 The recommendation is for the City of Desert Hot Springs to require full policy and environmental review of the circulation plans and impact of removing Mihalyo Road in its neighborhood and regional context.

DOES THE AMENDED DHS VARNER ROAD SPECIFIC PLAN REQUIRE A SUBSEQUENT EIR? (MAJOR VERSUS MINOR PROJECT CHANGES):

CEQA Guideline §15162 addresses when project changes require subsequent environmental review, and what analytical methods or checklists lead agencies use to determine whether changes constitute major revisions requiring a subsequent or supplemental EIR versus minor changes addressed through an addendum.

Major Changes (Subsequent/Supplemental EIR): Required if changes to the project, changes in circumstances, or new information show that the project will have new or significantly more severe impacts.

Minor Changes (Addendum): Appropriate if only "minor technical changes or additions" are necessary and none of the conditions for a subsequent EIR are met. (Monterey Peninsula Water Management).

The governing law arises under the California Environmental Quality Act and specifically the following provisions of the CEQA Guidelines:
• CEQA Guidelines Section 15162 – Subsequent Environmental Impact Reports • CEQA Guidelines Section 15163 – Supplemental Environmental Impact Reports • CEQA Guidelines Section 15164 – Addenda to Environmental Impact Reports Once an Environmental Impact Report (EIR) has been certified for a project, the lead agency must determine whether later project changes trigger the need for additional environmental review. Under §15162, additional review is required if:

1. Substantial changes are proposed in the project that will require major revisions of the EIR due to new significant environmental effects or substantially more severe impacts.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken that would require major revisions to the EIR.

3. New information of substantial importance becomes available that was not known and could not have been known at the time the EIR was certified.

If none of these triggers are present, the agency may document the analysis through an addendum under §15164.

ENVIRONMENTAL REVIEW UPDATE CHECKLISTS (CEQA §15162 REVIEW):

Lead agencies commonly perform what practitioners call a CEQA §15162 review. This process typically involves preparing an “Environmental Review Update Checklist” comparing the previously approved project with the modified proposal.

Most §15162 review checklists evaluate the same environmental resource categories used in EIRs.

Item Number: 1.

8 The purpose of the checklist is to determine whether the prior EIR remains adequate. The checklist analysis generally examines:

Review Checklists:
• Changes to the project footprint or site disturbance
• Changes in building size, height, or massing
• Changes in density or intensity of use
• Changes in traffic generation
• Changes in water supply or wastewater demand
• Changes in construction duration or methods
• Changes in mitigation measures or their effectiveness Several California jurisdictions have prepared detailed §15162 consistency review checklists to document their analysis. I have attached an analysis from Calimesa (EXHIBIT A) that systematically reviews the following:

Environmental Review Update Checklist:
• Identification of the previously certified EIR
• Description of proposed project changes
• Evaluation of each environmental topic
• Determination whether new significant impacts occur
• Determination whether and how impacts become substantially more severe The checklists also evaluate project changes against the three §15162 trigger conditions. While CEQA does not provide numeric thresholds for “major revisions,” agencies commonly treat the following changes as potential triggers requiring careful analysis:

Potential triggers:
• Increased building footprint or site disturbance
• Increased residential density or floor area ratio
• Increased building height or massing
• Increased traffic generation beyond prior analysis
• Expansion of development into previously undisturbed habitat • Increased water supply or wastewater demand
• Changes that render previously adopted mitigation measures ineffective • Introduction of new operational uses not analyzed in the prior EIR Indicators of Minor Changes Suitable for an Addendum:

Project changes frequently addressed through addenda include:
• Minor site plan adjustments
• Architectural design changes
• Minor reductions in project size
• Updated technical studies confirming prior conclusions • Clarifications or administrative changes to mitigation measures Conclusion -- An Addendum to an EIR is not sustainable): The Amended Specific Plan is devoid of the environmental assessment that demonstrates whether it is consistent with and fits into a larger regional and community planning framework, including the City of Desert Hot Springs General Plan, Area Plans, Infrastructure Plans, Annexation Plans, and Circulation Plans.

The adopted 2018 Specific Plan contains the broad array of land uses and zoning classifications intended for the specific plan to stimulate the economy of Desert Hot Springs and create a ‘fit’ Item Number: 1.

9 between districts and areas that drive the economy. It is this larger context that is violated in the amended specific plan singular land use and zoning emphasis on logistics operations, including its air quality deterioration and traffic gridlock --- particularly unsuitable for the gateway concept. The exception is the Willow Hole Conservation Area, which requires conservation.

The removal of a collector road, without reference to its impact on regional and area circulation patterns, also demonstrates an Addendum is inadequate environmental review. Another consideration is the impact of 1.2 to 1.5 million square feet of warehousing added to the flood of logistic projects subsequent to 2018, the date of EIR review for DHS Varner Road Specific Plan.

The recommendation is for the City of Desert Hot Springs to require full project consistency review with the General Plan policies, goals, objectives, programs, and tiered area plans to determine the impact of removing the broad array of land uses and zoning classifications from the adopted mixeduse DLVSP and creating an unsustainable substitute in the Amended Specific Plan under consideration.

CUMULATIVE IMPACT ASSESSMENT (CIA) / SUBSEQUENT EIR:

CEQA Guidelines Section 15130 (Cumulative Impact Assessment - CIA):

The regional context for cumulative impact (as it relates to warehousing) occurs along the Interstate 10 corridor in Riverside County roughly starting at the junction of Interstate 10 and California State Route 60 and extending east towards through the nine Coachella Valley cities. Since certification of the project’s Environmental Impact Report in 2018, the region has experienced substantial expansion of large logistics and distribution facilities along this corridor.

A ‘square footage’ count two years ago (www.solve.mit.edu/solutions/74584) published at the internet site, ‘Warehouse City,’ and maintained by the Pitzer College / Robert Redford Conservancy, established over 60 million square feet of warehousing proposed, pending, or approved between the City of Banning and the City of Coachella along Interstate 10, and well over 1 billion square feet of warehousing throughout the Inland Empire (San Bernardino and Riverside Counties).

Those counts are buttressed by attached exhibits from the cumulative impact assessment maps for Exhibit D herein (Sunset Crossroads - Banning) and Exhibit E (Cajalco Commerce - RCTLMA) that show extreme regional growth patterns all throughout the Inland Empire – most occurring within the last decade.

The project applicant now proposes to convert the commercial / retail / industrial mixed-use business center, with a planned 1.5 million square foot cannabis cultivation facility and/or distribution center into a 1.2 million to 1.5 million square foot logistics/warehouse operation. The developer asserts that the change can be addressed through an addendum rather than preparation of a subsequent EIR. I am asking the City of Desert Hot Springs for an independent assessment of whether a cumulative impact assessment is required by CEQA, whether it is considered cumulatively considerable, and whether it requires a Subsequent EIR.

Changed Regional Development Patterns Along the Interstate 10 (Cumulative Impacts):

Since 2018, Riverside County has experienced rapid development of logistics and warehouse facilities along the Interstate 10 freight corridor. The cumulative concentration of distribution facilities increases regional truck traffic, vehicle miles traveled, and freight movement along key highway and arterial routes.

Because CEQA cumulative impact analysis must reflect reasonably foreseeable development conditions, a cumulative baseline based on 2018 conditions in the original DLVSP may no longer Item Number: 1.

10 accurately represent current environmental conditions. A Subsequent EIR would therefore be necessary to analyze the project’s incremental contribution to cumulative freight- related impacts because the changes are cumulatively substantial.

Cumulative Goods-Movement Impacts in Western Riverside County:

The growth of warehouse development throughout Riverside County has become a significant regional planning issue. Multiple logistics facilities developed after 2018 contribute to cumulative impacts involving:
• freight transportation corridors
• regional truck traffic
• air quality degradation
• greenhouse gas emissions
Because cumulative impact analysis must evaluate the incremental effect of the project when combined with other reasonably foreseeable projects, updated cumulative analysis may be required if the regional development context has substantially changed since the prior EIR.

I recommend that the City of Desert Hot Springs require a full review of the growth, character, square footage, air quality and GHG impacts, and transportation impacts of warehousing growth in the Inland Empire and require full assessment of the impact of placing 1.2 million – 1.5 million square feet of warehousing at the sensitive transportation intersection of Interstate 10 and Palm Drive. I recommends the assessment occur under a New Project EIR or Subsequent EIR to the DLVSP.

CHANGES IN OPERATIONAL CHARACTERISTICS (SAME BUILDING FOOTPRINT):

Substantial Differences in Operational Characteristics Between Cultivation and Warehousing:

Although the building footprint remains unchanged, the operational characteristics of a warehouse distribution facility differ significantly from those of an indoor cultivation facility.

Logistics operations (unlike cannabis operations) typically generate:
• large volumes of heavy truck traffic
• increased vehicle miles traveled
• diesel emissions from freight vehicles
• peak-hour roadway congestion near freeway interchanges Indoor cultivation operations typically generate substantially fewer freight truck trips and instead involve operational impacts related primarily to water consumption, wastewater generation, and energy use.

Because CEQA requires analysis of operational impacts, converting the facility to logistics operations could substantially increase traffic and air quality impacts relative to the previously analyzed use.

Please reference Exhibit F (Changes in Building Footprint from Commercial to Industrial – Table 5.2 DLVSP) and Exhibit G (Changes in Vehicular Access Points in DLVSP) Increased Traffic and Freight Movement:

Warehouse distribution facilities often produce hundreds to thousands of daily truck trips depending on the scale of operations. Such freight traffic contributes to roadway congestion on freeway corridors and regional arterials.

Item Number: 1.

11 The Interstate 10 corridor in Riverside County already functions as a major goods-movement route connecting Southern California distribution centers with interstate transportation networks. Adding another large logistics facility could contribute cumulatively considerable impacts to:
• freeway interchange congestion,
• regional goods-movement corridors, and
• local roadway capacity.

These impacts may not have been fully analyzed in the prior EIR if the original project description assumed cultivation operations.

Air Quality and Diesel Emissions:

Logistics facilities can generate substantial mobile-source emissions from diesel trucks, including nitrogen oxides and particulate matter. In regions with existing air quality challenges, these emissions may contribute to cumulative impacts on regional air basins. (See Cumulative Impact Assessment, below).

A prior EIR evaluating cultivation operations may not have analyzed the scale of mobile-source emissions associated with logistics operations. If freight traffic emissions exceed the impacts previously evaluated, the change could constitute a new or more severe environmental effect under CEQA Guidelines Section 15162.

I recommend the City of Desert Hot Springs require full evaluation of warehousing impacts under a New Project EIR or Subsequent EIR to the Amended Specific Plan, assessing the difference in building footprint, vehicular access, biking routes, public transportation routes, scenic vistas, building height changes, and Interstate 10 local collector road / regional transportation impacts. These clearly are not ministerial or minimal impacts under CEQA Guideline 15164.

Conclusion to the Comment Letter: Please consider the future of Desert Hot Springs and the delicate balance of land uses that is required to maintain a scenic gateway and thriving economy. My request is for the City of Desert Hot Springs to fully evaluate whether the change in the Specific Plan to warehousing from its original mixed-use business park emphasis is consistent with the DHS General Plan and its implementing programs. I also strongly urge you to consider this a new project, or at the least, a review that requires a Subsequent Environmental Impact Report rather than ministerial environmental review with an Addendum to an EIR.

With regard,
Judy Deertrack
Deertrack Consulting, LLC
Attachments:

Exhibit A – Calimesa CEQA 15162 Consistency Analysis (Yellow-Mark) Exhibit B – 2018 DLVSP Appendix A-General Plan Consistency Table Exhibit C – Cumulative Impact Assessment / Inland Empire Warehousing (Pitzer College) Exhibit D – Cumulative Impact Assessment Map / Sunset Crossroads (Banning) 2024 Exhibit E – Cumulative Impact Assessment Map / Cajalco Commerce (RCTLMA) 2014 Exhibit F – 2018 DLVSP / Table 5.2 / PA 1 / Development Standards & Regs (Building Footprint) Exhibit G – 2018 DLVSP / Land Use Map / Changes to Transportation Access at Site Item Number: 1.

City of Calimesa
1 July 2020
EIR Consistency Analysis
SUMMERWIND COMMONS PROJECT (DPR 19-02, CUP 19-01, CUP 19-02, CUP 19-03, VTTM 37739, VAR 19-02) 1 Introduction
The following is an analysis (hereinafter “EIR Consistency Analysis”) that compares the proposed Summerwind Commons Project (DPR 19-02, CUP 19-01, CUP 19-02, CUP 19-03, VTTM 37739, and VAR 19-02) (hereinafter “Project”) to the program Environmental Impact Report (EIR) for the Summerwind Ranch at Oak Valley Specific Plan (herein referred to as Certified EIR), certified in April 2005 by the City of Calimesa. The purpose of this analysis is to determine whether the Project is within the scope of the Certified EIR, including whether the Project is consistent with the Certified EIR and whether the Project would result in any potential impacts resulting from construction/operations of the Project that were not previously analyzed in the Certified EIR.

1.1 Purpose of the EIR Consistency Analysis
In the case of a project proposal requiring discretionary approval by the City on a project for which the City has certified an EIR for the overall project, as here, the City must determine whether the Project is exempt from further environmental review or whether a supplemental or subsequent EIR is required. The California Environmental Quality Act (CEQA) statute and the CEQA Guidelines provide guidance in this process by requiring an examination of whether, since the certification of the EIR, changes in the project or conditions have been made to such an extent that the proposal may result in substantial changes in physical conditions that are considered significant under CEQA. If so, the City would be required to prepare a subsequent EIR or supplement to the EIR. The examination of impacts is the first step taken by the City in reviewing the CEQA treatment of the Project.

CEQA provides, in Public Resources Code Section 21083.3, that if a parcel has been zoned to accommodate a particular density of development or has been designated in a community plan to accommodate a particular density of development and an environmental impact report was certified for that zoning or planning action, the application of CEQA to the approval of any subdivision map or other project that is consistent with the zoning or community plan “shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report.” In accordance with this provision, the CEQA Guidelines provide, in Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site.” These provisions streamline the review of such projects and reduce the need to prepare repetitive environmental studies. Pursuant to Section 15813, the public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or Exhibit A
Comment Letter / Judy Deertrack
DHS Varner Road Specific Plan Amendment
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
2 July 2020
(4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

In addition, in accordance with CEQA, as set forth in Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, no subsequent or supplemental EIR shall be required unless the Lead Agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162(a); see also Public Resources Code Section 21166).
2 Summerwind Ranch at Oak Valley Specific Plan Amendment The Summerwind Ranch at Oak Valley Specific Plan Amendment (SPA) (Amendment No. 1 to the Oak Valley Specific Plan Area No. 1) (herein referred to as Summerwind Ranch SPA) was adopted in 2005. The Summerwind Ranch SPA encompasses 2,590.7 acres within Specific Plan Area Number 1 (SP1) of the Oak Valley Specific Plan (approved in 1988).

SP1 is broken down into individual planning areas. The planning area of focus for this consistency analysis in planning area TC-7, within the Town Center in the eastern portion of SP1, adjacent to Interstate (I-) 10. Planning area TC-7 encompasses

26.4 acres east of Roberts Road (new), north of Cherry Valley Boulevard and west of I-10. Planning Area TC-7 is designated development of commercial land uses consistent with the City’s Community Commercial (C-C) and Neighborhood Commercial (C-N) zoning designations. The Traffic Impact Assessment (TIA) prepared for the Summerwind Ranch SPA assumed development of 196,000 square feet of commercial development within planning area TC-7, resulting in a building area density of 7,424.24 square feet per acre (sf/ac).
3 Project Description
The 11.44-acre project site is located within Planning Area TC-7 of the Summerwind Ranch SPA, generally east of Roberts Road (new), west of Roberts Road (old) and north of Cherry Valley Boulevard. Regional access to the project site is provided by Interstate 10, via Cherry Valley Boulevard. The Project site is designated Commercial (C) in the Summerwind Ranch Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
3 July 2020
Specific Plan Land Use Plan. The Project would be designed and constructed consistent with the site, architectural, landscape, and infrastructure standards and design guidelines established for the Summerwind Ranch SPA.

The Project would include development of 75,200 square feet of commercial land uses, including the following mix of uses:
• 20,000 square foot health/fitness club
• 8,500 square feet of high turnover (sit‐down) restaurant use • 8,500 square feet of shopping center use
• 7,500 square feet of fast‐food restaurant with drive‐through window use • 16 vehicle fueling position gas station with 3,800-square foot convenience market • 5,000 square feet of medical‐dental office use
• 12,000 square feet of clinic use
• 9,900 square feet of veterinary clinic use
The proposed development within the Project site would result in a building area density of 6,573.4 sf/ac. A total of 496 parking spaces are proposed to support commercial development, consistent with the City’s parking requirements. Two driveways would provide access to the Project site from Roberts Road (new).

Landscape improvements would be installed along the perimeter of the project site, within parking areas onsite, and within the public right-of-way along the segments of Cherry Valley Boulevard and Roberts Road (new) that will be enhanced.

Landscaping would also be installed within the proposed retention basin at the north end of the Project site, utilizing only native plants that are permitted within basins.

3.1 Project-Specific Traffic Impact Assessment Summary
A TIA was conducted for the Project to determine project-specific roadway and intersection impacts, consistent with MMT6-2 of the Certified EIR. The TIA included the following recommended improvements to ensure adequate level of service for study are intersections:

Site Adjacent and Site Access Improvements
• Driveway 1 & Roberts Road (New):
o Project to install a traffic signal. The northbound and southbound driveways are proposed to align and concurrent left turns can be accommodated.
o Project to construct a southbound left turn lane and right turn lane. o Project to construct a westbound left turn lane with a minimum of 150‐feet of storage, a through lane, and a right turn lane. The westbound right turn lane will be striped as a shared through‐ right turn lane in the future when Roberts Road is widened to the west with an additional receiving lane. • Driveway 2 & Roberts Road (New):
o Project to install a stop control on the southbound approach with a left turn lane and a right turn lane. o Project to construct an eastbound left turn lane with a minimum of 150‐feet of storage. o Project to construct a westbound through lane and shared through right turn lane. • Cherry Valley Boulevard & Roberts Road (New):
o Project to install a traffic signal. (Note: Traffic signal already constructed. Consistent with Certified EIR, Applicant responsible for payment of fair-share cost of $51,890 [8.6%]) o Project to construct an eastbound left turn lane (trap lane). o Project to modify the existing median in order to accommodate a minimum of 200‐feet of storage for the northbound left turn pocket.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
4 July 2020
• Roberts Road
o Project to construct Roberts Road at its ultimate half‐section width as an Arterial (ultimate 110‐foot right‐ of‐way) from the Phase 1 boundary to Cherry Valley Boulevard consistent with the City of Calimesa and Summerwind Ranch Specific Plan standards
o Applicant responsible for payment of fair share cost of $77,377 [27.4%]) Off-site Improvements
• Payment of fair share for Improvements identified in Table 1-3 of the TIA, and summarized below:
o Brookside Avenue & Desert Lawn Drive
▪ Install stop control on eastbound and westbound approaches ▪ Fair Share Percentage = 22.5%
▪ Fair Share Cost = $360.00
o I-10 Westbound Ramps & Cherry Valley Boulevard
▪ Install traffic signal (existing); add westbound left turn lane (existing); add southbound left turn lane; add 2nd eastbound through-lane; add 2nd westbound through-lane ▪ Fair Share Percentage = 0%
▪ Fair Share Cost = $0.00
o I-10 Eastbound Ramps & Cherry Valley Boulevard
▪ Install traffic signal (existing); add eastbound left turn lane (existing); add northbound turn lane; add 2nd westbound through-lane
▪ Fair Share Percentage = 0%
▪ Fair Share Cost = $0.00
o Calimesa Boulevard & Cherry Valley Boulevard
▪ Add eastbound left turn lane (existing); install traffic signal; add 2nd westbound through-lane ▪ Fair Share Percentage = 8.6%
▪ Fair Share Cost = $6,780.00

3.2 Analysis of Vehicle Miles Traveled
On September 27, 2013, Senate Bill (SB) 743 was signed into law, which creates a process to change the way that transportation impacts are analyzed under California Environmental Quality Act (CEQA). Under the new guidelines, VMT has been adopted as the most appropriate measure of transportation impacts under CEQA, effective July 1, 2020.

State California Environmental Quality Act (CEQA) Guidelines Section 15162(a) provides criteria for when a subsequent or supplemental EIR must be prepared, including the following item of relevance to this discussion:
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following…
The Air Quality Impact Analysis for Summerwind Ranch at Oak Valley SPA (Appendix B of the Certified EIR) included modeling that specifically considered both the number and anticipated distance of vehicle trips.

Thus, while VMT represents an updated metric for the analysis of transportation impacts under CEQA, and the specific methods for its measurement and evaluation have been updated and become more sophisticated, it is not a new concept.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
5 July 2020
The City conducted a general comparison of the VMT for the previously approved commercial land uses and the proposed land uses for the Summerwind Commons Project as due diligence. The trip generation rates and trip length assumptions for retail land uses from the Air Quality Impact Analysis for the SPA were used to calculate the anticipated VMT for the proposed project in comparison with Planning Area TC-7. The proposed project is anticipated to result in a total of 18,482.38 VMT. Comparatively, the current commercial land uses permitted in Planning Area TC-7 could result in approximately 48,172.16 VMT. As such, utilizing information that was available at the time the Certified EIR was prepared, we can make a reasonable assumption that the proposed project would result in a reduction in VMT by up to 62% compared to the land uses analyzed in the Certified EIR (see Attachment A).

As proven above, information regarding VMT could have been known with reasonable diligence at the time the EIR was certified in 2005. Therefore, it does not comprise “new information of substantial importance” under CEQA and does not require supplemental analysis beyond the EIR consistency analysis included in Section 4. 4 EIR Consistency Analysis

4.1 State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning)
As demonstrated in the EIR Impact Analysis Summary provided in Section 4.3, the Project has been evaluated to determine whether it is exempt from further environmental review because the Project is within the scope of the Certified EIR on the basis that all proposed entitlements are consistent with the development density established by the existing zoning and development standards of the Summerwind Ranch at Oak Valley Specific Plan Amendment and additional standards from the City’s Development Code that are incorporated into SP1, the environmental effects of which were previously analyzed in the Certified EIR. In carrying out this evaluation, it has been determined that there are no project-specific significant effects which are peculiar to the Project or its site and pursuant to CEQA Guideline 15183, no further environmental review is required.

A. The Project entitlements are consistent with the land uses, densities, and other zoning and development standards set forth in the Summerwind Ranch Specific Plan, and which were analyzed in the Certified EIR.

The project site is located in Planning Area TC-1, within SP1 of the Oak Valley Specific Plan and is subject to the Summerwind Ranch at Oak Valley Specific Plan Amendment. The SPA provides a framework for land use planning and other decision‐ making. The site is designated Commercial (C) in the SPA; therefore, the project must comply with development standards established in the SPA for parcels designated Commercial. Commercial uses identified in the City’s Community Commercial zone (C-C) and Regional Commercial zone (C-R) are permitted within Planning Area TC-7. As discussed above, the Project would require approval of three CUPs to allow drive-thrus, liquor sales and a convenience store. In addition, the applicant requested a variance related to the quantity, height and sign face area zoning limitations including a variance to allow a taller freeway pylon at I-10, and installation of six rather than two complex identification monuments with larger sign face areas. All proposed land uses are permitted or conditionally permitted within the C-C and C-R zoning designations and no amendments to the General Plan or zoning designations would be required. Accordingly, City staff has determined that the Project would be consistent with the General Plan and zoning designations.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
6 July 2020
B. “Environmental effects that are peculiar to the project or the parcel on which the project would be located” Standard Pursuant to Section 15183(b)(1) of the CEQA Guidelines, this section presents an examination and discussion of whether the proposed development associated with the Project may result in environmental effects that are peculiar to the project or the parcel on which the project would be located. The CEQA Guidelines further state that “if an impact is not peculiar to the parcel or the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an EIR need not be prepared for the project solely on the basis of that impact” (CEQA Guidelines § 15183[c]). If no additional mitigation measures are required to reduce project-specific impacts to a less than significant level, other than those required in the prior EIR, then the Section 15183 exemption applies.

Minimal development has occurred within SP1 over the past 15 years. Currently, commercial and residential land uses are under construction within various land uses within SP1, consistent with their permitted land uses. The Project site itself has remained unchanged and undeveloped, dominated by nonnative grasses, ruderal vegetation, small trees and shrubs. Based on the EIR impact analysis summary presented in Section 4.3, the proposed project would not result in any new impacts that would require additional mitigation measures, beyond those required under the Certified EIR. Accordingly, City staff has determined that no impacts peculiar to the proposed project or project site would occur.

C. “Environmental effects that were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent” Standard Pursuant to Section 15183(b)(2) of the CEQA Guidelines, this section presents an examination and discussion of whether there are any environmental effects that were not analyzed as significant effects in the Certified EIR for the Summerwind Ranch Specific Plan and other related [e.g., General Plan amendments, zoning actions, etc.] with which the Project is consistent.

The EIR Impact Analysis Summary provided in Section 4.3 includes a summary of the impact conclusions of the Certified compared to the potential impacts associated with the proposed project. As discussed in Section 4.3, the only significant and unavoidable impacts identified in the Certified EIR are associated with air quality emissions (Impact AQ-4 and Impact AQ-9). Although the proposed project has potential contribute to cumulative significant and unavoidable air quality impacts associated with operational mobile emissions and regional air emissions, as identified in the Certified EIR, no new significant impacts would occur.

D. “Environmental effects that are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action” Standard Pursuant to Section 15183(b)(3) of the CEQA Guidelines, this section presents a discussion of and analyzes whether there are any environmental effects that are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action.

The proposed project would require off-site roadway improvements and utility connections. The required roadway improvements would comply with mitigation measures included in the Certified EIR (MM-T2-10, MM-T2-12, MM-T2-13, MMT2-14, MM-T4-12 and MM-T6-1) and compliance with policies set forth in the City’s General Plan. Off-site domestic water, recycled water, and storm drain improvements would be limited to short runs to connect to existing utility infrastructure beneath the roadway adjacent to the project site. The proposed off-site sewer improvements would extend north and west of the project site beneath existing paved roadways. The proposed sewer extension would be installed within SP1, consistent with the Sewer Master Plan for the SPA. As such, off-site utility and roadway improvement would not result in new or more severe impacts than those analyzed in the Certified EIR.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
7 July 2020
The discussion for 4.1(D) above describes the significant and unavoidable cumulative air quality impact identified in the Certified EIR. Although the proposed project has potential contribute to cumulative significant and unavoidable air quality impacts associated with operational mobile emissions and regional air emissions, as identified in the Certified EIR, no new significant impacts would occur. In addition, as identified in Section 4.3, the proposed project would not result in more severe impacts for any environmental resource category than those analyzed in the Certified EIR.

E. “Environmental effects that are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.” Standard
Pursuant to Section 15183(b)(4) of the CEQA Guidelines, this section presents a discussion of and analyzes whether there are any environmental effects that are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

The City deemed updated analysis with regards to biological resources was appropriate for the proposed project in order to confirm whether the project implementation would result in new information of substantial importance. Based on the Least Bell’s Vireo and Southwest Willow Flycatcher Habitat Assessment and Jurisdictional Delineation conducted for the Project site, the City confirmed the boundaries of the drainage feature located approximately 500 feet north of the Project site and existing habitat conditions within the drainage feature. The additional analysis associated with biological resources confirmed the findings of the Certified EIR. The results of these studies are included in the biological resources analysis in Section 4.3 below.

A project-specific TIA was prepared, consistent with MM-T6-2 of the Certified EIR. Based on the estimated trip generation for the Project (4,004 average daily trips), the proposed project would result in 4,393 fewer average daily trips than anticipated development within planning area TC-7 analyzed in the Certified EIR. All recommended transportation improvements included in the TIA to improve study area intersections to an acceptable LOS would comply with mitigation measures included in the Certified EIR (MM-T2-10, MM-T2-12, MM-T2-13, MM-T2-14, MM-T4-12 and MM-T6-1) and compliance with policies set forth in the City’s General Plan.

Accordingly, City staff has determined that the “new information” presented in the updated biological analysis and projectspecific TIA would not result in more severe adverse impacts than discussed in the Certified EIR.

4.2 State CEQA Guidelines Section 15162 (Subsequent or Supplemental EIR) Alternatively, and as also demonstrated in the EIR Impact Analysis Summary provided in Section 4.3, no new information of substantial importance meeting the criteria listed in State CEQA Guidelines Section 15162 has been identified.

The discussion in this section confirms that the Project has been evaluated for significant impacts pursuant to CEQA and no new information of substantial importance meeting the criteria listed in State CEQA Guidelines Section 15162 has been identified. Under Section 15162, the determination here is that the project’s impacts have been considered in an EIR (i.e., the Summerwind Ranch at Oak Valley Specific Plan EIR) that was reviewed and certified by the City Council, and that the EIR provides a sufficient and adequate analysis of the environmental impacts of the proposed project.

A. “Substantial Changes in the Project” Standard
Pursuant to Section 15162(a)(1) of the CEQA Guidelines, this section presents a discussion of whether the proposed development associated with the Project constitutes a substantial change in the project analyzed in the Certified EIR, that Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
8 July 2020
would require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The project site is within Planning Area TC-7 of SP1. The Project include development of commercial land uses, consistent with the existing land use and zoning designations. Some of the proposed commercial land uses, such as gas station, drivethru fast food, and fitness center, would require approval of a Conditional Use Permit (CUP), to ensure the conditionally permitted land uses are designed to provide consistency with permitted commercial land uses (i.e. stacking/queuing for drive-through lanes, requirements for alcohol sales, hours of operation, etc.). Proposed development within the project site would include reduced building density by approximately 12 percent compared to permitted commercial land uses analyzed in the Certified EIR. Overall, development of the Project would not result in any substantial changes from what has been previously analyzed, would not involve new significant impacts not identified in the EIR or result in a substantial increase in the severity of previously identified significant impacts. The proposed Project, therefore, does not constitute a substantial change in the project.

B. “Substantial Changes in the Circumstances” Standard
Pursuant to Section 15162(a)(2) of the CEQA Guidelines, this section presents a discussion of whether changes to the project site or the vicinity (environmental setting) have occurred subsequent to the certification of the previous EIR that would result in new significant impacts or a substantial increase in the severity of a previously identified significant impact that were not evaluated and mitigated by the previous EIR.

Minimal development has occurred within SP1 over the past 15 years. Physical changes that have occurred throughout SP1, since approval of the Summerwind Ranch at Oak Valley Specific Plan Amendment, and associated EIR in 2005, include construction of infrastructure and roadways. Currently, commercial and residential land uses are under construction within various land uses within SP1, consistent with their permitted land uses. The Project site itself has remained unchanged and undeveloped, dominated by nonnative grasses, ruderal vegetation, small trees and shrubs.

Based on the environmental baseline identified in the Certified EIR, and the aforementioned physical changes to SP1, the project site is in similar condition as originally analyzed. Thus, the Project would not result in substantial physical changes to the project site from what was included in the Certified EIR that would affect any issue of environmental significance.

One of the requirements of CEQA is the examination of whether a proposed project would conflict with existing plans and regulations, including the General Plan, zoning regulations, and other planning documents. Inconsistencies may suggest that a project would have environmental effects that have not been identified in advance, and for which planning or analysis has not occurred. Permitted land uses and zoning designations within SP1 are consistent with the City’s General Plan and Municipal Code. As discussed above, the Project would require approval of three CUPs and a variance, but no amendments to the General Plan or zoning designations would be required. Accordingly, City staff has determined that the Project would be consistent with the General Plan and zoning designations.

Based on the above, the proposed project would not result in any new circumstances that would result in new significant impacts or substantially more severe impacts from what has been anticipated for the site in the previous environmental document.

C. “New Information of Substantial Importance” Standard Pursuant to Section 15162(a)(3) of the CEQA Guidelines, this section includes a discussion of whether the proposed project would result in new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified. New information of substantial importance Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
9 July 2020
includes: (1) one or more significant effects not discussed in the previous EIR; (2) significant effects previously examined that are substantially more severe than shown in the previous EIR; (3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Based on the proposed Project, the City deemed updated analysis with regards to biological resources appropriate in order to confirm whether the proposed Project would result in new information of substantial importance. Based on the Least Bell’s Vireo and Southwest Willow Flycatcher Habitat Assessment and Jurisdictional Delineation conducted for the Project site, the City confirmed the boundaries of the drainage feature located approximately 500 feet north of the Project site and existing habitat conditions within the drainage feature. The additional analysis associated with biological resources confirmed the findings of the Certified EIR, and would not constitute “new information” that was not known or could not have been known at the time the Certified EIR was prepared. The results of these studies are included in the biological resources analysis in Section 4.3 below.

Prior to July 1, 2020, transportation impacts relied on Level of Service (LOS) impacts. As such, the Certified EIR did not specifically analyze VMT affects associated with transportation impacts. Although VMT analysis was not required for analysis of transportation impacts at the time the Certified EIR was prepared, the Air Quality Study included as Appendix B of the Certified EIR included modeling that specifically considered number and anticipated distance of vehicle trips. A general comparison of the VMT for the previously approved land uses and the proposed land uses for the Summerwind Commons Project is included in Section 3.2. The comparison concluded that the proposed project would result in a reduction in VMT due to the overall proposed reduction in land use density. As such, VMT analysis does not comprise “new information of substantial importance” under CEQA.

The requirements of site plan and design review, prior to construction and operation, are requirements that apply to activities generally on the Project site, and do not reflect inconsistency with the City’s regulations that have been approved for the Summerwind Ranch at Oak Valley SPA. The analysis in the Certified EIR, to the extent the analysis relied on review and approval of a project that would follow the standards and requirements as set forth in planning documents, is unchanged and valid. The changes do not raise issues of environmental significance under CEQA.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
10 July 2020

4.3 EIR Impact Analysis Summary
The organization of this analysis follows Section 3, Environmental Analysis, from the Certified EIR. This analysis provides a brief summary of the environmental analysis from the Certified EIR, addresses potential impacts associated with the Project, and describes whether the Project is within the scope of the Certified EIR such that no further environmental review is required, and whether the Project would be consistent with the findings and mitigation measures identified in the Certified EIR , resulting in less than significant impacts. This analysis is intended to provide a general overview that supports the City’s finding that the Project is within the scope of the Certified EIR and consistent with the Certified EIR and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA), as detailed in Section 4.1. Please note: Mitigation measures highlighted in bold are those applicable to the proposed project. Any mitigation measures that are not bolded are not applicable to the proposed project.

Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Aesthetics Impact A1 Visual Resources New development within SP1 could affect undeveloped hillsides, but no designated scenic resources or features were identified within SP1. Impacts to visual resources determined to be less than significant with implementation of MM-A1 (compliance with SP development standards and design guidelines).

CONSISTENT: The Project would include development within an undeveloped area. The proposed building area for commercial development would yield lower density than estimated development within TC-7 assumed in theTIA for the Summerwind Ranch SPA (2005). Nonetheless, the applicant would be required to comply with MM-A1, to ensure impacts are reduced to less-thansignificant level.

MM-A1 Compliance with SP
Development Standards and Design Guidelines
Impact A2 Visual Quality
Potential impacts to visual quality of open space areas and ridgelines with SP1. Impacts would be less than significant with implementation of MM-A2 (applies to PA A-9, C-1, C-9, C-12, and D-11).

CONSISTENT: The Project is proposed with planning area TC-7, near the I-10 freeway. Project development would not affect any areas designated for open space or any ridgelines within the Specific Plan area. Impacts would be less than significant (MM-A2 does not apply to Project).

No applicable mitigation measures for Impact A2.

Impact A3 Light and Glare
New development within SPA would introduce new sources of light and glare to undeveloped area. Potential impacts would be less than significant with implementation of MM-A3 (compliance with SP development standards and design guidelines).

CONSISTENT: Proposed development would introduce new sources of light and glare through installation of onsite lighting and increased lighting from vehicles accessing the project site. The applicant would be required to implement MM-A3 during project design to ensure lighting impacts are reduced to less-thansignificant level.

MM-A3 (same as MM-A1)
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
11 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Impact A4 Cumulative Aesthetic Impacts In combination with other nearby proposed development, the proposed development would contribute to cumulative aesthetic impacts in the largely undeveloped project area. Potential cumulative impacts would be less than significant with implementation of MM-A4 Consistent: The proposed development would contribute to the urban development of the largely undeveloped SP1 area. Implementation of MM-A4 would ensure that potential cumulative impacts are minimized, resulting in a less than significant impact.

MM-A4 (same as MM-A1)
Air Quality Impact AQ1 Fugitive Dust
Emissions were calculated assuming 175 acres of the project area is under construction at any point during build-out of SP1. Construction activities would result in approximately 340.73 pounds/day of PM10, which would exceed the SCAQMD threshold of 150 pounds/day. Construction impacts associated with fugitive dust could be reduced to less-than-significant levels with implementation of dust abatement measures included in MM-AQ1.

CONSISTENT: Development of the Project would require ground disturbance that would temporarily increase fugitive dust emissions during construction activities. To ensure Project construction does not contribute to an increase of fugitive dust emissions in excess of the SCAQMD daily threshold, the applicant must implement MM-AQ1 (SCAQMD Rule 403) during construction activities. With implementation of applicable mitigation, impacts associated with increased fugitive dust emissions would be less than significant.

MM-AQ1 SCAQMD Rule 403
Impact AQ2 Local and Regional Air Quality
Construction activities would result in exhaust emissions from use of on- and off-road heavy equipment. Emission were calculated assuming 20-40 pieces of heavy equipment would be utilized at any one time. Emission of NOx, ROG, and CO would exceed SCAQMD thresholds. Implementation of MM-AQ2-1(use of low emission/high efficiency construction equipment), MM-AQ2-2 (regular engine maintenance) and MM-AQ2-3 (use of alternative fuels where possible) would reduce emissions below SQAQMD thresholds, resulting in a less-than-significant impact.

CONSISTENT: Project construction activities would result in a temporary increase in exhaust emissions, consistent with analysis in the Certified EIR. To ensure that increased emissions of NOx, ROG, and CO would not exceed SCAQMD thresholds, the applicant must implement MM-AQ2-1 through MM-AQ2-3 during construction activities. With implementation of applicable mitigation, impacts associated with increased exhaust emissions during construction would be less than significant.

MM-AQ2-1 Energy efficient
construction equipment
MM-AQ2-2 Regular engine
maintenance
MM-AQ2-3 Use of alternative
fuels where possible
Impact AQ3 SQAQMD Threshold (VOC)
Construction activities generate evaporative emissions of volatile organic compounds (VOCs) from paints, solvents, asphalt, roofing tar, and other coatings. Application of architectural coatings would be limited to an average of no more than 225 gallons per week CONSISTENT: Construction activities would result in increased emission of VOCs, consistent with analysis in the Certified EIR. To ensure that increased VOC emissions would not exceed SCAQMD thresholds, the applicant must implement MM-AQ-3 during construction MM-AQ3 Architectural coating
limitations
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
12 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures and/or use of “Zero-VOC” paints (MM-AQ3) toensure VOC emissions do not exceed SCAQMD thresholds, resulting in less-thansignificant impacts. activities. As such, impacts associated with VOC emission would be less than significant.

Impact AQ4 Operational Mobile Emissions
Traffic emissions associated with generation of 95,366 average daily trips constitutes the largest air quality impact associated with the Summerwind Ranch SPA. Operation-related emissions for ozone-forming pollutants ROC, NOX, CO, and PM-10 exceed SCAQMD thresholds, even with implementation of MMAQ4-1 (on-site bicycle trails), MM-AQ4-2(transportation site improvements), MM-AQ4-3 (residences exceed minimum energy construction requirements), MM-AQ4-4 (park and ride lots near freeway access), and MMAQ4-5 (Bus Route 36 extension). Impacts associated with operational mobile emissions would be significant and unavoidable.

CONSISTENT: The Project would result in 4,393 fewer ADT than anticipated development within planning area TC-7 analyzed in the Certified EIR. To reduce potential emissions associated with Project-generated traffic, the applicant must design and implement the Project consistent with MM-AQ4-1, MM-AQ4-2, and MM-AQ4-4. MM-AQ4-3 and MM-AQ4-5 are not applicable to the Project. Even with implementation of applicable mitigation, the Project would contribute to a cumulative significant and unavoidable impact associated with operational mobile emissions. The City adopted a Statement of Overriding Considerations for this significant and unavoidable impact when the Summerwind Ranch SPA was approved in 2005. As such, Project-related mobile emissions would be covered by the Certified EIR analysis and no new significant impactswould occur.

MM-AQ4-1 On-site bicycle trailsMM-AQ4-2 On-site
transportation improvements
MM-AQ4-4 Park and Ride lots
near freeway access
Impact AQ5 AQMP Consistency
The Summerwind Ranch SPA complies with the County’s air quality program. Therefore, this impact is considered less than significant.

CONSISTENT: The Project would comply with the County’s air quality program. Therefore, this impact is considered less than significant.

No mitigation measures for Impact AQ5.

Impact AQ-6 Local emissions impacts
No sensitive receptors are located within a quarter mile of any facilities that emit point source emissions, nor are residential uses proposed adjacent to congested roadways. As such, impacts to sensitive receptors would be less-than-significant.

CONSISTENT: The Project includes development of commercial land uses. No land uses that emit point source emission are proposed. As such, operation of the Project would not result in local emission impacts to potential future sensitive receptors within planning areas west of Roberts Road (new). Therefore, impacts associated within local emissions would be less than significant.

No mitigation measures for Impact AQ6.

Impact AQ7 Odor impacts
The proposed treatment facility within the SP1 is a Membrane Bio Reactor (MBR), which emits less emissions and objectionable odors than a typical wastewater treatment facility. The MBR would include design features to control potential odor impacts, resulting in a less-than-significant odor impact.

CONSISTENT: The proposed wastewater treatment facility would not be constructed within or near the Project site. Project construction would result in shortterm odor impacts due to operation of heavy construction equipment. There are no existing sensitive receptors located in close proximity to the project site, and odor No mitigation measures for Impact AQ7.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
13 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures impacts would cease upon completion of construction. Therefore, odor impacts would be less than significant.

Impact AQ8 CO emissions
None of the study area intersections analyzed would result in one-hour CO levels near the 20 PPM CO hotspot threshold. Impacts associated with CO emission would be lessthan-significant.

CONSISTENT: Project development would be lower density than anticipated development within TC-7 in the Certified EIR. As such, the Project would result in lower ADT than development analyzed in the Certified EIR. Therefore, ADT at study area intersections would not result in CO hotspots. Impacts associated with CO emission would be less-than-significant.

No mitigation measures for Impact AQ8.

Impact AQ9 Cumulative Air Quality Impacts
The Summerwind Ranch SPA would individually result in a significant unmitigable regional impact on air quality. Therefore, in conjunction with the development of other projects, it would result in a significant unmitigable cumulative impact on regional airquality. Cumulative air quality impacts would be significant and unavoidable.

CONSISTENT: Project development would be lower density than anticipated development within TC-7 in the Certified EIR. As such, construction and operational air emissions are anticipated to be reduced compared to planning area TC-7 development analyzed in the Certified EIR. Mitigation measures identified for Impact AQ1 through AQ4 (See MM-AQ9) would be implemented to reduce potential air emissions but build-out of the Summerwind Ranch SPA would result in significant and unavoidable cumulative air emissions impacts. The City adopted a Statement of Overriding Considerations for this significant and unavoidable impact when the Summerwind Ranch SPA was approved in 2005. As such, Project-related air emissions would be covered by the Certified EIR analysis and no new significant impacts would occur.

MM-AQ1 SCAQMD Rule 403MM-AQ2-1 Energy efficient
construction equipment
MM-AQ2-2 Regular engine
maintenance
MM-AQ2-3 Use of alternative
fuels where possible
MM-AQ3 Architectural coating
limitations
MM-AQ4-1 On-site bicycle trailsMM-AQ4-2 On-site
transportation improvements
MM-AQ4-4 Park and Ride lots
near freeway access
MM-AQ-9 Implementation of
mitigation for construction andoperations
Biological Resources Impact BR1 Impacts to sensitive habitat (coastal sage scrub) Build-out of the Summerwind Ranch SPA would permanently affect approximately 99.3 acres of native coastal sage scrub, considered sensitive by CDFG. Impacts would primarily occur as a result of road and housing construction activities. With implementation of MM-BR1 (compliance with MSHCP CONSISTENT: Based on Figure 2 of the Biological resources Report prepared for the Summerwind Ranch SPA, an area of coastal sage scrub habitat is located in the northwest portion of the Project site. MM-BR1 requires preservation of approximately 135.4 acres of coastal sage scrub habitat within SP1, within MSHCP Criteria Area Cells. As such, Project impacts to coastal No applicable mitigation measures for Impact BR1.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
14 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures requirements), impacts would be reduced to less-than-significant. sage scrub would be less than significant, and MM-BR1 would not be applicable.

Impact BR2 Impacts to sensitive habitat (native oak)
Build-out of the Summerwind Ranch SPA would permanently affect approximately 20.8 acres (236 oak trees) of native oak woodland, considered sensitive by CDFG. Impacts would primarily occur as a result of road and housing construction activities. With implementation of MM-BR2 (oak tree planting and restoration plan), impacts would be reduced to less-thansignificant.

CONSISTENT: Based on Figure 2-17 of the Certified EIR, there are no oak trees located within planning area TC-7. As such, Project impacts to native oak woodland habitat would be less-than-significant, and MM-BR2 would not be required.

No applicable mitigation measures for Impact BR2.

Impact BR3 Impacts to sensitive habitat (riparian woodland) Build-out of the Summerwind Ranch SPA would permanently affect approximately 0.3 acres of native riparian woodland habitat, considered sensitive by CDFG. Impacts would occur primarily as a result of road and housing construction activities. With implementation of MM-BR3 (on-site and off-site habitat creation or enhancement), impacts would be reduced to less-than-significant.

CONSISTENT: Based on Figure 3 of the Biological Resources Report prepared for the Summerwind Ranch SPA, all riparian woodlands scrub habitat within SP1 is located west of Roberts Road (new). As such, the Project would have no impact on riparian woodland scrub habitat, and MM-BR3 would not be required.

No applicable mitigation measures for Impact BR3.

Impact BR4 Indirect impacts to sensitive habitat
Indirect impacts to coastal sage scrub, oak woodland, and riparian woodland habitat would potentially occur as a result of grading activities during project construction activities. With implementation of MM-BR4 (native seed mix application), impacts would be reduced to less-than-significant.

CONSISTENT: The Project has potential to indirectly affect sensitive habitat within SP1 if graded areas within the Project site are left bare, thus encouraging introduction of exotic and/or invasive species. As such, the applicant must implement MM-BR4, as necessary, to reduce potential indirect impacts to sensitive habitat to a less-than-significant level.

MM-BR4 native see mix
application
Impact BR5 Impacts to wetland riparian habitat
Construction within SP1 would permanently affect approximately 0.2 acres of jurisdictional wetland riparian woodland habitat within planning area TC-3. With implementation of MM-BR5 (wetland creation, restoration, or enhancement), impacts would be reduced to less-than-significant.

CONSISTENT: The nearest drainage feature to the project site, located approximately 500 feet to the north, was mapped in a Jurisdictional Delineation (JD) conducted for the Project in 2019. The results of the JD confirmed that the drainage feature is outside the proposed area of development and not a designated wetland. As such, development of the Project would have no impact on jurisdictional wetland riparian woodland habitat, and MM-BR5 would not be applicable.

No applicable mitigation measures for Impact BR5.

Impact BR6 Impacts to wetland
Construction within SP1 would permanently affect approximately 1.4 acres of jurisdictional wetland meadow habitat within planning area CONSISTENT: Potential direct impacts to jurisdiction wetland meadow habitat would be limited to 1.4 acres within planning area TC-3, located northwest of the No applicable mitigation measures for Impact BR6.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
15 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures meadow habitat TC-3. With implementation of MM-BR6 (wetland creation, restoration, or enhancement), impacts would be reduced to less-than-significant. project site. A JD conducted for Project in 2019 confirmed that no wetland habitat is present within the nearest drainage feature to the project site, located approximately 500 feet to the north. As such, development of the Project would have no impact on jurisdictional wetland meadow habitat, and MM-BR6 would not be applicable.

Impact BR7 Impacts to non-wetland Waters of the U.S
Construction within SP1 would directly and permanently impact approximately 2.0 acres of non-wetland waters of the U.S (waters of the state were also considered). Direct impacts to ephemeral and intermittent drainages would be reduced through implementation of MMBR7 (habitat creation, restorations, or enhancement). As such, direct impacts to nonwetland waters of the U.S./state would be less than significant.

CONSISTENT: The nearest drainage feature to the Project site, located approximately 500 feet to the north, was mapped in a JD prepared for the Project in 2019. The JD concluded that drainage feature includes approximately 0.51 acres of non-wetland waters of the United States. Due to the distance of the drainage feature from the Project site, development of the Project would have no impact on nearby jurisdictional features, and MM-BR7 would not be applicable.

No applicable mitigation measures for Impact BR7.

Impact BR8 Indirect impacts to jurisdictional features
Permanent indirect impacts could occur to jurisdictional wetlands and waters in the future if the graded areas are left bare once construction activities are complete within planning area TC-3, thus encouraging introduction/invasion of exotic species within SP1. With implementation of MM-BR8 (habitat monitoring program), impacts would be reduced to less-than-significant.

CONSISTENT: The nearest drainage feature to the Project site, located approximately 500 feet to the north, was mapped in a JD prepared for the Project in 2019. The JD concluded that drainage feature includes approximately 0.51 acres of non-wetland waters of the United States. Due to the distance of the drainage feature from the Project site, development of the Project would have no impact on jurisdictional wetlands or waters, and MM-BR8 would not be applicable.

No applicable mitigation measures for Impact BR8.

Impact BR9 Impacts to special status birds
Build-out of the Summerwind Ranch SPA would directly and permanently impact approximately 0.3 acres of suitable habitat for least bell’s vireo and southwestern willow flycatcher (riparian woodland habitat). Mitigation requirements for permanent direct impacts to the least Bell’s vireo and southwestern willow flycatcher habitat will be met through on-site preservation in Criteria Area Cells (Quadrant 479), consistent with MM-BR9-1 (on-site preservation within Criteria Area Cells) and MM-BR9-2 (pre-construction surveys). As such, direct impacts to least bell’s CONSISTENT: A habitat assessment for least Bell’s vireo and southwest willow flycatcher was conducted in 2019 for a 40-acre area, including the Project site. The habitat assessment focused on the drainage channel located approximately 500 feet north of the Project site. The habitat assessment concluded that existing vegetation within the drainage channel the vegetation to support nesting habitat for the subject species, and preconstruction surveys pursuant to MM-BR9-2 would not be required. In addition, impacts to the subject habitat would be mitigated through on-site preservation in Criteria Area Cells (Quadrant 479) outlined in Table 3.3-4, consistent with MM-BR9-1. As such, Project No applicable mitigation measures for Impact BR9.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
16 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures vireo and southwest willow flycatcher habitat would be less than significant. development would have no impact on the subject habitat, and MM-BR9-1 and MM-BR9-2 are not applicable to the Project.

Impact BR10 Impacts to birds listed under MBTA and BEPA Vegetation clearing and grading within SP1 would result in temporary and permanent direct impacts to bird species listed under the Migratory Bird Treaty Act (MBTA) or Bald Eagle Protection Act (BEPA), if construction activities are conducted during nesting season (March 15 and August 15). If clearing and grubbing must occur during nesting season, implementation of MM-BR10 (preconstruction surveys and worker environmental awareness program) would ensure impacts to nesting birds are less than significant.

CONSISTENT: Construction activities associated with the Project have potential for temporary and permanent direct impacts to bird species listed under the MBTA and BEPA, due to tree removal, excessive noise and new sources of lighting. If construction activities must take place during nesting season (March 15 through August 15), the applicant must implement MM-BR10 to ensure impacts to nesting birds would be reduced to a less-thansignificant level.

MM-BR10 Pre-construction
nesting bird surveys
Impact BR11 Habitat fragmentation
Development of the Summerwind Ranch SPA could result in indirect permanent impacts associated with habitat fragmentation for least bell’s vireo and southwestern willow flycatcher. Habitat Fragmentation would be reduced through implementation of MMBR11 (on-site-preservation), consistent with preservation under MM-BR3, MM-BR9-1 and MM-BR9-2.

CONSISTENT: Based on Figure 2 of the Biological Resources Report prepared for the Summerwind Ranch SPA, no suitable habitat for least bell’s vireo or southwestern willow flycatcher is present within the Project site. In addition, impacts to the subject habitat would be mitigated through on-site preservation on-site preservation in Criteria Area Cells (Quadrant 479) outlined in Table 3.3-4, consistent with MM-BR11. As such, Project development would not result in habitat fragmentation for the subject avian species. No impactwould occur, and MM-BR11 is not applicable to the Project.

No applicable mitigation measures for Impact BR11.

Impact BR12 Indirect impacts to sensitive species
Habitat alteration within the upland and riparian areas could result in indirect impacts to sixteen sensitive species detected on-site. The 16 sensitive species are “covered species” within the MSHCP. Impacts to the subject species would be reduced through implementation of MM-BR12 (MSHCP Compliance). Therefore, indirect impacts to special-status species would be less than significant.

CONSISTENT: Development of the Project has potential to impact special status species previously identified within SP1. The Project applicant would be required to comply with MM-BR12, including payment of applicable fees, focused surveys, and other measures, as applicable. With implementation of MM-BR12, indirect impacts to special status species would be less than significant.

MM-BR12 MSHCP Compliance
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
17 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Impact BR13 Impacts to MSHCP wildlife corridor areas Development and operation of the Summerwind Ranch SPA would result in permanent direct impacts to MSHCPdesignated wildlife corridors. The SPA was designed in compliance with MM-BR13 to accommodate important corridors/linkages for wildlife movement along Proposed Linkage 12 and Proposed Constrained Linkage 23 within project Criteria Area Cell 411. As such, impacts to wildlife corridor areas would be less than significant.

CONSISTENT: Development of the Project would not directly affect wildlife linkage areas. Indirect impacts to wildlife linkages would be offset through preservation of open space within Criteria Cell 411, through implementation of MM-BR13. As such, Project development would have no impact on wildlife corridors, and MM-BR13 is not applicable to the Project.

No applicable mitigation measures for Impact BR13.

Impact BR14 Indirect impacts to MSHCP wildlife corridor areas Permanent indirect impacts to MSHCPdesignated wildlife corridor areas could occur due to introduction of exotic species introductions, noise, human activity, and nighttime lighting influences to the adjacent linkage areas. Implementation of MM-BR14 would reduce indirect impacts to wildlife corridor areas to a less than significant level.

CONSISTENT: Development of the Project would not directly affect wildlife linkage areas. Indirect impacts to wildlife linkages would be offset through preservation of open space within Criteria Cell 411, through implementation of MM-BR14 (same as MM-BR13). As such, Project development would have no impact on wildlife corridors, and MM-BR14 is not applicable to the Project.

No applicable mitigation measures for Impact BR14.

Cultural Resources Impact CR1 Impacts to cultural resources sites Development of the Summerwind Ranch SPA would affect four cultural resources eligible for the California Register. Implementation of MM-CR1 (preconstruction salvage) would be required within planning areas C-8, D-1, and TC-1 to reduce impacts to a less-thansignificant level.

CONSISTENT: Cultural resources identified within SP1 that are eligible for the California Register were located outside the Project site. In addition, although tribal consultation is not required pursuant to Assembly Bill (AB) 52, the City sent notice of the Project to five local Native American tribes on April 30, 2020 to seek their informal input on tribal cultural resources in the Project vicinity. The City received two responses to the notices. A tribal representative for the San Manuel Band of Mission Indians (SMBMI) responded via email on June 5, 2020, stating that SMBMI understands the project is within SP1, covered by the Certified EIR, and the Tribe has no concerns within SP1. A Tribal representative for the Soboba Band of Luiseno Indians sent a response letter to the City of May 28, 2020. The letter noted the project site is within the Tribe’s Traditional Use Area and requested informal consultation with the City. The City met with the Tribe in-person on June 18, 2020. The Tribe No applicable mitigation measures for Impact CR1.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
18 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures requested inclusion of Conditions of Approval for the project to ensure avoidance of archaeological resources and Tribal Cultural Resources (TCR) of importance to the Tribe. The requested conditions of approval include requirements for construction monitoring (archaeological and tribal), procedures for inadvertent discoveries (archaeological and TCR), buffer area, and procedures for discovery of human remains. These conditions have been included in the project Conditions of Approval. As such, development of the Project would have no impact on known cultural resources.

Impact CR2 Impacts to paleontological resources
The paleontological investigation concluded that significant paleontological resources are present within SP1. Ground disturbing construction activities could result in impacts to these resources. In addition, indirect impacts are anticipated from increased land use and fossil collection. Implementation of MM-CR2-1 (salvage of known resources), MMCR2-2 (field examination and salvage), MMCR2-3 (project sampling plan), MM-CR2-4 (monitoring in soils with undetermined potential), MM-CR2-5 (fossil repository), and MM-CR2-6 (findings report) would reduce potential impacts to paleontological resources to a less-than-significant level.

CONSISTENT: Based on the subsurface geologic conditions, the project site is located within an area of high sensitivity for presence of paleontological resources. To ensure impacts to paleontological resources are reduced to a less-than-significant level during grounddisturbing activities, the Project applicant would be required to comply with MM-CR2-1 through MMCR2-6, as necessary, based on site conditions.

MM-CR2-1 Salvage of known
resources
MM-CR2-1 Field examination
and salvage
MM-CR2-3 Project sampling
plan
MM-CR2-4 Monitoring in soils
with undetermined potential
MM-CR2-5 Fossil repositoryMM-CR2-6 Findings report
Geology and Soils Impact GS1 Faulting and seismicity impacts The SPA is within 6 miles of an active fault. The potential for strong ground motion to affect future project improvements is substantial. In addition, existing soil conditions could result in seismically-induced soil instability, such as liquefaction and subsidence. All structures would be designed in accordance with applicable seismic design codes and the Uniform Building Code (UBC). To ensure soils within proposed areas of development would provide adequate support for structures, CONSISTENT: The Project would be developed within SP1, and therefore, would result in similar impacts associated within seismic ground-shaking and soil instability as analyzed in the Certified EIR. As such, the Project applicant would be required to implement MMGS1-1 through MM-GS1-3 during site preparation and grading activities to reduce seismic impacts to a lessthan-significant level.

MM-GS1-1 Removal of unstable
soils under all structural fill areas
MM-GS1-2 Excavation and
recompaction of unsuitable soils
MM-GS1-3 Foundation
requirements Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
19 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures implementation of MM-GS1-1 (removal of unstable soils under all structural fill areas), MM-GS1-2 (excavation and recompaction of unsuitable soils), and MM-GS1-3 (foundation requirements) would be required. With implementation of required mitigation, seismic impacts would be less than significant.

Impact GS2 Soil and stability impacts
Seismically induced landslides could occur within steeply-sloping alluvium located within SP1. Compliance with MM-GS2-1 (grading requirements) and MM-GS-2 (residential foundation requirements) would ensure that impacts associated with seismically—induced landslides would be less than significant.

CONSISTENT: The Project site does not contain any steep hillsides, but the land includes undulating hills near Roberts Road (new) and Cherry Valley Road. To ensure that proper grading is conducted during Project construction, the Project applicant must comply with MMGS2-1. No residential land uses are proposed as part of the Project; therefore, MM-GS2-2 is not applicable. With implementation of required mitigation, impacts associated with seismically induced landslides would be less-than-significant.

MM-GS2-1 Grading
requirements
Impact GS3 Impacts to unique geologic features
No features within SP1 are identified on the U.S. Forest Service list of Special Interest Areas or the National Parks Service list of National Natural Landmarks. As such, development of the Summerwind Ranch SPA would have no impact on unique geologic features.

CONSISTENT: The Project site is within SP1 for Summerwind Ranch SPA. As such, development of the Project would have no impact on unique geologic features, consistent with the Certified EIR.

No applicable mitigation measures for Impact GS3.

Impact GS4 Cumulative Geology and Soils Impacts
Geology and soils impacts are site-specific and would be addressed for individual development projects within SP1. As such, no cumulative impacts associated with geology and soils would occur.

CONSISTENT: Project-specific impacts associated with geology and soils would be mitigated through implementation of mitigation measures identified for Impact MM-GS1 and GS2. As such, no cumulative impact would occur.

No applicable mitigation measures for Impact GS4.

Hydrology and Water Quality Impact HW1 Impacts to surface drainage Development of the Summerwind Ranch SPA would introduce impermeable surfaces in an area where such surfaces are nearly absent. Installation of impermeable surfaces would increase the volume, rate and course of surface flows, resulting in greater potential for on- and off-site erosion or flooding. To reduce potential erosion and settlement during CONSISTENT: Consistent with the Certified EIR, grounddisturbing construction activities would increase potential for erosion and settlement. The Project applicant would be required to implement MM-HW1-1 and MM-HW1-2 to reduce potential surface water quality impacts during construction. Installation of new impervious surfaces during Project development would increase on-site surface flows. Based on the Hydrology MM-HW1-1 NPDES Permit
compliance
MM-HW1-2 Implement BMPs to
control stormwater discharge and water quality
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
20 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures construction activities, the Summerwind Ranch SPA must be developed in compliance with the NPDES permit, including a required Stormwater Pollution Prevention Plan (SWPPP) (MM-HW1-1 and MM-HW1-2). In addition, developers must implement a project-specific Water Quality Management Plan (WQMP) during long-term operation (MMHW1-2). Development of SP1 would include installation of a stormdrain system, designed to the capacity of anticipated runoff. In addition, the potential extension of Singleton Road and Roberts Road, crossing the Garden Air Wash, would be subject to permitting by the Army Corps of Engineers (ACOE) under Section 404, the Regional Water Quality Control Board under Section 401, and the California Fish and Game under Section 1600. Adherence to the foregoing, mitigation, design features, and required permitting would ensure that impacts to surface drainage within SP1 would be less than significant.

Report prepared the Project (Phase 1), the Project site would be graded to generally follow existing drainage patterns and slope to drain to the south (Drainage Area 1) and west (Drainage Area 2). Runoff generated by the Project will be collected and conveyed using a combination of surface flows, ribbon gutters, inlets and subsurface storm drains to convey flows to onsite infiltration basins. The Project site would not be impacts by off-site flows. On-site infiltration basins have been designed to meet water quality treatment requirements and control post-development flows leaving the site to be equal to or less than existing flows. In addition, the project applicant prepared a Water Quality Management Plan as part of their entitlement application, Structural and non-structural best management practices (BMPs) included in the City-approved WQMP must be implemented during long-term project operations to control storm water discharges and protect water quality, consistent with MM-HW1-2. Implementation of applicable mitigation, project design features, and regulatory compliance would ensure that impacts to surface waters would be less than significant.

Impact HW2 Water Quality Impacts
Development of the Summerwind Ranch SPA would generate pollutants typical of urban residential and commercial areas during construction and operation. The proposed specific plan drainage concept provides for protection of natural drainage features on site and protection of water quality. In addition, SP1 must be developed in compliance with the NPDES permit, including a required SWPPP (see MM-HW1-1 and MM-HW1-2). Incorporation of project design features and compliance with applicable regulations would ensure that impacts to surface water quality would be less than significant.

CONSISTENT: As discussed for Impact MM-HW1-1, onsite drainage improvements would be constructed to capture and treat on-site storm flows. In addition, off-site stormwater infrastructure improvements would be constructed on Roberts Road (new), adjacent to the Project site consistent with the Master Drainage Plan. Onand off-site drainage improvements would ensure storm flows are adequately contained and treated. In addition, to reduce potential water quality impacts during Project construction, the applicant would be required to develop the Project site in compliance with the NPDES permit, including a required SWPPP (see MM-HW1-1 and MMHW1-2). In addition, the project applicant would be required to implement a project-specific WQMP during long-term operations, consistent with MM-HW1-2. Therefore, water quality impacts would be reduced to a MM-HW1-1 NPDES Permit
compliance
MM-HW1-2 Implement BMPs to
control stormwater discharge and water quality

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
21 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures less-than-significant level, with implementation of design features and compliance with applicable regulations.

Impact HW3 Impacts to groundwater
Development of the Summerwind Ranch SPA would introduce impermeable surfaces in an area where uncovered soils currently allow for groundwater recharge through infiltration and percolation. Existing drainage courses would generally be maintained as riparian corridors, thereby retaining an important infiltration path. Project design features would be incorporated to limit flow of surface water to pre-development levels. Implementation of the Master Drainage Plan and various project design features to control storm flows within SP1 would ensure that impacts to groundwater supply would be less than significant.

CONSISTENT: Project-specific off-site drainage improvements would be constructed to minimize increases in surface flows, consistent with the Summerwind Ranch SPA Master Drainage Plan. On-site surface flows would be captured and treated within threeon-site retention basins. On-site drainage must comply with the NPDES permit for post-development activities, with incorporation of source control and structural BMPs outlined in a Water Quality Management Plan. With implementation of proposed on- and off-site drainage improvements and compliance with applicable BMPs during post-construction activities, surface flows would be controlled similar to pre-development levels, which would retain important infiltration within existing drainage courses. As such, impacts to groundwater supplies would be less than significant.

No applicable mitigation measures for Impact HW3.

Impact HW4 Flooding Impacts
The proposed development area for Summerwind Ranch SPA would not be located within a flood hazard zone map, as designated by the Federal Emergency Management Agency. No impact to housing or structures would occur associated with flooding.

CONSISTENT: The Project would be developed within SP1, and therefore, outside FEMA designated flood hazard zones. Therefore, no impact would occur to onsite structures associated with flooding.

No applicable mitigation measures for Impact HW4.

Land Use and Planning Impact LU1 Impacts on surrounding land uses Summerwind Ranch SPA would be designed and developed consistent with detailed and comprehensive guidelines and standards, in line with the natural and rural theme of the project are that will ensure compatibility with the surrounding uses. Therefore, development of the Summerwind Ranch SPA would not interfere with or divide any establishedCommunities and impacts would be less than significant.

CONSISTENT: The Project would be developed consistent with development standards and design guidelines included in the Summerwind Ranch SPA, which were established a to ensure compatibility with the natural and rural theme of the project area, while supporting the goals and policies set forth in the City’s General Plan. Therefore, development of the proposed project would not interfere with or divide any established communities and impacts would be less than significant.

No applicable mitigation measures for Impact LU1.

Impact LI2 The Summerwind Ranch SPA included a
General Plan amendment to the Land Use
CONSISTENT: The proposed project would be developed on 11.77 acres within planning area TC-7, which is No applicable mitigation measures for Impact LU2.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
22 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Land Use Consistency Impacts Element to address existing environmental constraints within SP1 and an amendment to the Circulation Element to implement proposed improvements and alignments. The Summerwind Ranch SPA would be implemented consistent with existing General Plan policies, and as such, environmental impacts, associated with land use changes would be less than significant. designated for Commercial land uses. The proposed project would require a Conditional Use Permit for the proposed drive-through developments, fitness center, gas station, urgent care facility and daycare facility. The proposed conditional uses will be reviewed by the City’s Planning Commission along with related architecture, site, and landscape design to ensure these land uses are consistent with the objectives of the zoning regulations and surrounding land uses. With approval of the required CUPs, proposed land uses within the project site would comply with the existing zoning designation and General Plan policies. As such, environmental impacts associated with land use changes would be less than significant.

Impact LU3 Amendment to the Specific Plan
The Summerwind Ranch SPA resulted in revised zoning and land use designations within SP1. The circulation was revised to reflect the updated site layout. The Summerwind Ranch SPA has been designed to improve compatibility with the natural conditions of the project site. As such, environmental impacts related to land use consistency would be less than significant.

CONSISTENT: The proposed project would be implemented consistent with the existing zoning and land use designations, as approved by the Summerwind Ranch SPA. No amendments to the Specific Plan would be required. As such, no impact would occur.

No applicable mitigation measures for Impact LU3.

Impact LU4 Western Riverside County MSHCP
The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) applies to SP1. The Summerwind Ranch SPA would be consistent, with implementation of mitigation measures identified in Section 4.3 of the Certified EIR. As such, impacts to MSHCP covered lands would be less than significant.

CONSISTENT: The project site is not within an MSHCP Criteria Cells or proposed conservation area within SP1. Development of the Project would not conflict with the MSHCP. As such, impacts would be less than significant.

No applicable mitigation measures for Impact LU4.

Noise Impact N1 Short-term construction noise impacts
Construction activities would result in shortterm noise impacts within SP1, due to operation of construction equipment. Implementation of MM-N1-1 through MM-N1-4 would reduce potential construction noise impacts to a less-than-significant level.

CONSISTENT: Construction activities would result in potential short-term noise impacts. Although there is minimal development in the project vicinity, MM-N1-1 through MM-N1-4 must be implemented during project construction to ensure short-term construction noise impacts are less than significant.

MM-N1-1 Noise muffling
construction equipment
MM-N1-2 Locate staging
areas away from sensitive receptors
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
23 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures MM-N1-3 Comply with City’s
permitted construction hours
MM-N1-4 Haul truck
limitations
Impact N2 Operational Traffic Noise
The Certified EIR analyzed roadway noise contours with and without implementation of the Summerwind Ranch SPA. Build-out of SP1 would increase traffic noise with SP1, but noise increases associated with off-site roadway noise increases would be less than 3 dBA for all roadway segments. As such, impacts associated with off-site roadway noise increases to existing or future sensitive receptors would be less than significant.

CONSISTENT: The Project would be developed consistent with existing land use designations established by the Summerwind Ranch SPA. In addition, the Project-specific TIA determined that the Project would result in 4,004 average daily trips (ADT), approximately 4,393 ADT less than anticipated commercial development analyzed within planning area TC-7 analyzed in the Certified EIR. Reduced ADT would result in lower operational traffic noise within SP1. As such, impacts associated with offsite roadway noise increases would be less than significant.

No applicable mitigation measures for Impact N2.

Impact N3 I-10 freeway impacts
Existing noise level measurements taken near the I-10 Freeway are compatible with office and commercial uses but are normally unacceptable with proposed multi-family residential land uses. Sufficient building insulation would reduce potential noise impacts to meet the City’s 45 dBA CNEL interior noise level standards for residential development. As such, noise impacts from I10 would be less than significant for proposed land uses.

CONSISTENT: The Project does not include development of residential land uses. As such, existing noise from the I-10 Freeway would result in less-than-significant impacts to proposed commercial land uses within the project site.

No applicable mitigation measures for Impact N3.

Impact N4 Railroad Noise
Existing railroad noise measurements were taken within SPA to determine potential noise impacts to proposed residential development from the Union Pacific Railroad located southwest of SP1. Railroad noise would be less than the City’s 65 dBA CNEL noise standard. As such, impacts associated with roadway noise to sensitive land uses would be less than significant.

CONSISTENT: The Project does not include development of residential land uses. As such, existing and future anticipated railroad noise would result in less-thansignificant impacts to proposed commercial land uses within the project site.

No applicable mitigation measures for Impact N4
Impact N5 Internal Road Impacts
Proposed roadways within SP1 would result in exterior noise levels at residential lots that would exceed the City’s 65 dBA CNEL exterior CONSISTENT: The Project does not include development of residential land uses. As such, roadway noise from the proposed internal roadways within SP1 would result in No applicable mitigation measures for Impact N5.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
24 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures noise standard. Required construction of a minimum 6-foot high sound attenuation wall would reduce exterior noise levels below the City’s standard. As such, roadway impacts to residential lots from proposed internal roadways would be less than significant. less-than-significant impacts to proposed commercial land uses within the project site.

Public Services Impact PS1 Increased demand for fire services Implementation of the Summerwind Ranch SPA would result in increased demand for fire protection services. A site would be designated for a future City Hall/Public Safety facility within SP1 to accommodate future increased fire facilities/services. In addition, individual developments within SP1 would be required to implement MM-PS1-1 through payment of applicable developer fees and taxes to fund additional fire department facilities, staffing and equipment. In addition, the City is responsible for coordinating with the Fire District to evaluate a potential new station within SP1, through implementation of MMPS1-2. All developments within SP1 are also required to design fire suppressant systems to meet the fire requirements, through implementation of MM-PS1-4 and MM-PS1-5. As such, impacts associated with increased fire protection services would be less than significant.

CONSISTENT: The Project would not include development of residential land uses that would result in direct population increase. Nonetheless, new commercial development would increase the need for fire protection services within SP1. The applicant would be required to implement MM-PS1-1 through payment ofapplicable Developer Impact Fees (DIF), including fees for fire services/facilities. The project applicant must also design the on-site water lines and fire hydrants consistent with fire requirements, through implementation of MM-PS1-3 through MM-PS1-5. MMPS1-2 is not applicable to the Project. As such, the Project would result in less than significant impacts to fire protection services.

MM-PS1-1 Applicable fees for
fire services
MM-PS1-3 Confirm current fir
requirements
MM-PS1-4 Water line design
requirements
MM-PS1-5 Fire hydrant design
requirements
Impact PS2 Increased demand for police protection
Implementation of the Summerwind Ranch SPA would result in increased demand for police protection services. A site would be designated for a future City Hall/Public Safety facility within SP1 to accommodate future increased police facilities/services. In addition, individual developments within SP1 would be required to implement MM-PS2 through payment of applicable developer fees and taxes to fund additional police CONSISTENT: The Project would not include development of residential land uses that would result in direct population increase. Nonetheless, new commercial development would increase the need for police protection services within SP1. The applicant must implement MM-PS2 through payment of applicable Developer Impact Fees (DIF), including fees for police services/facilities. As such, the Project would result in less than significant impacts to police protection services.

MM-PS2 Applicable fees for
police services
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
25 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures department facilities, staffing and equipment. As such, impacts associated with increased police protection services would be less than significant.

Impact PS3 Impacts to local schools
The Summerwind Ranch SPA would include designation of thee school sites within SP1, to be acquired by BUSD, to provide new school facilities to support increased population within SP1, through implementation of MMPS3-1. In addition, individual developments within SP1 would be required implement MMPS3-2 through payment of applicable developer fees and taxes to fund additionalschool facilities and staffing. As such, impacts associated with increased school services would be less than significant.

CONSISTENT: The Project would not include development of residential land uses that would result in direct population increase. Nonetheless, the applicant must implement MM-PS3-2 through payment ofapplicable Developer Impact Fees (DIF), including fees for school facilities/staffing. MM-PS3-1 is not applicable to the Project. As such, the Project would result in less than significant impacts to school services.

MM-PS3-2 Applicable fees for
school services
Impact PS4 Increased demand for parkland
Approximately 73.8 acres of useable park/recreation land is proposed within SP1, which would result in approximately 7.29 acres of parkland per 1,000 population. As such, proposed park/recreation land would exceed the City’s goal of 5 acres per 1,000 residents. Therefore, the Summerwind Ranch SPA would have a beneficial, and consequently, less than significant impact on parkland.

CONSISTENT: The Project would not include development of residential land uses that would result in direct population increase. In addition, the entire project site is designated for Commercial land uses, so development of the Project would not decrease the overall parkland proposed within SP1. As such, no parkland development is required for the Project, and impacts to overall parkland demand would be less than significant.

No applicable mitigation measures for Impact PS4.

Impact PS5 Increased demand for library services
Implementation of the Summerwind Ranch SPA would result in increased demand for library services. Individual developments within SP1 would be required to implement MM-PS5-1 through payment of applicable developer fees and taxes to fund additional library services, but no library facilities are planned within SP1. As such, impacts associated with increased library services would be potentially significant.

CONSISTENT: The Project would not include development of residential land uses that would result in direct population increase. Nonetheless, the applicant must implement MM-PS5-1 through payment ofapplicable Developer Impact Fees (DIF), including fees for library services. As such, the Project would result in less than significant impacts to school services.

MM-PS5-1 Applicable fees for
library services
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
26 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Transportation/Traffic Impact T1 Level of Service Impacts (Phase 1) For Phase 1 traffic conditions, the study area intersections are projected to operate at acceptable levels of service (LOS) during peak hours, with incorporation of roadway improvements included as MM-T1-1 through MM-T1-13. As such, LOS impacts associated with implementation of Phase 1 would be less than significant.

CONSISTENT: Development of the Town Center, including TC-7 was not considered as part of Phase 1 of the Summerwind Ranch SPA. As such, LOS analysis of Phase 1 is not applicable to the Project and no impact would occur.

No applicable mitigation measures for Impact T1.

Impact T2 Level of Service Impacts (Phase 2)
For Phase 2 traffic conditions, the study area intersections are projected to operate at acceptable LOS during peak hours, with incorporation of roadway improvements included as MM-T2-1 through MM-T2-16. As such, LOS impacts associated with implementation of Phase 2 would be less than significant.

CONSISTENT: Development of planning area TC-7 was analyzed as part of the Phase 2 LOS analysis. A projectspecific Traffic Impact Analysis was also prepared, to ensure existing roadways and intersections are adequate for operation of the Project. Based on the estimated trip generation for the Project (4,004 average daily trips), the Project would result in 4,393 fewer average daily trips than anticipated development within planning area TC-7 analyzed in the Certified EIR. The results of the TIA are summarized in the Project Description. All recommended transportation improvements included in the TIA to improve study area intersections to an acceptable LOS would comply with mitigation measures included in the Certified EIR (MM-T2-10, MM-T2-12, MM-T2-13, MM-T2-14, MM-T4-12 and MM-T6-1) and compliance with policies set forth in the City’s General Plan. As such, transportation impacts associated with the Project would be less than significant.

MM-T2-10 Participate in I-10
Cherry Valley Blvd. Interchange Improvements
MM-T2-12 Turn Lane
Improvements at Roberts Road and Cherry Valley Blvd.

MM-T2-13 Widen Cherry Valley
Blvd from I-10 to Roberts Road
MM-T2-14 Roberts Road
improvements from Cheery Valley Blvd to TAZ “D”
MM-T4-12 Participate in I-10
Cherry Valley Blvd. Interchange Improvements
MM-T6-1 Project-specific TIA
Impact T3 Level of Service Impacts (Phase 3)
For Phase 3 traffic conditions, the study area intersections are projected to operate at acceptable LOS during peak hours, with incorporation of roadway improvements included as MM-T3-1 through MM-T3-26. As such, LOS impacts associated with implementation of Phase 3 would be less than significant.

CONSISTENT: Development of planning area TC-7 was analyzed as part of the Phase 2 LOS analysis. As such, LOS analysis of Phase 3 is not applicable to the Project and no impact would occur.

No applicable mitigation measures for Impact T3.

Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
27 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures Impact T4 Level of Service Impacts (2030) For 2030 traffic conditions, the study area intersections are projected to operate at acceptable LOS during peak hours, with incorporation of roadway improvements included as MM-T4-1 through MM-T4-18. As such, LOS impacts associated with 2030 traffic conditions would be less than significant.

CONSISTENT: Implementation of applicable mitigation measures and compliance with general plan goals and policies, as described for Impact T2 above, would improve study area intersections to acceptable LOS for project-specific and cumulative transportation impacts. As such, LOS impacts associated with 2030 traffic conditions would be less than significant.

Same mitigation measures as described for Impact T2.

Impact T5 Level of Service Impacts (General Plan Buildout) For General Plan Build-out traffic conditions, the study area intersections are projected to operate at acceptable LOS during peak hours, with incorporation of roadway improvements included as MM-T5-1 through MM-T5-9. As such, LOS impacts associated with implementation of General Plan Build-out would be less than significant.

CONSISTENT: Implementation of applicable mitigation measures and compliance with general plan goals and policies, as described for Impact T2 above, would improve study area intersections to acceptable LOS for project-specific and cumulative transportation impacts over time. As such, LOS impacts associated with implementation of General Plan Build-out would be less than significant.

Same mitigation measures as described for Impact T2.

Impact T6 Cumulative transportation impacts
Roadway and intersection improvements will be necessary in advance of 2030 to avoid cumulative transportation impacts. Implementation of MM-T6-1 (fair-share traffic improvements) and MM-T6-2 (TIA for new phases or development) would ensure that cumulative transportation impacts would be less than significant.

CONSISTENT: A project-specific TIA was conducted to determine potential impacts associated with development and operation of Summerwind Commons, consistent with MM-T6-2. Implementation of applicable mitigation measures and compliance with general plan goals and policies, as described for Impact T2 above, would improve study area intersections to acceptable LOS for project-specific and cumulative transportation impacts, including fair-share contribution for applicable improvements (MM-T6-1). As such, cumulative transportation impacts would be less than significant.

MM-T6-2 Project-specific
TIA
Utilities and Service Systems Impact UT1 Increased wastewater demand Build-out of the Summerwind Ranch SPA would generate approximately 4.44 million gallons per day (mgd). A new Yucaipa Valley Water District (YVWD) wastewater treatment plant with a capacity to treat 12 mgd, on a 10-acre parcel in the northwest portion of the SP1. Until the proposed Oak Valley Regional Water Reclamation Facility is constructed, wastewater from development within SP1 would be conveyed to the existing wastewater CONSISTENT: Off-site and on-site sewer improvements are proposed to connect to existing sewer infrastructure located northwest of the project site. All off-site sewer improvements are proposed beneath existing paved roadways within SP1. In addition, the applicant will be responsible for implementation of MM-UT1-1 (payment of applicable fees), MM-UT1-2 (compliance with terms and conditions), MM-UT1-3 (RWQCB Basin Plan compliance), and MM-UT1-4 (fair-share contribution for Oak Valley Regional Water Reclamation Facility). As such, MM-UT1-1 Applicable
wastewater-related fees
MM-UT1-2 Compliance with
terms and conditions
MM-UT1-3 RWQCB Basin Plan
compliance
MM-UT1-4 Fair share
contribution for Oak
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
28 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures treatment facility. In addition, sewer infrastructure would be installed consistentwith the Sewer Master Plan prepared for the Summerwind Ranch SPA. To ensure development of the proposed wastewater treatment facility and construction of sewer infrastructure consistent with the Sewer Master Plan would ensure wastewater infrastructure would be sufficient to accommodate increased wastewater demand, implementation of MM-UT1-1 through MM-UT1-4 would be required. As such, impacts to wastewater infrastructure would be less than significant. construction of off-site sewer improvements to provide sewer connection to the project site and compliance with applicable mitigation measures would ensure that impacts associated with wastewater infrastructure would be less than significant.

Valley Regional Water Reclamation Facility
Impact UT2 Increased water demand
A Water Master Plan was prepared for the Summerwind Ranch SPA, designed to accommodate the anticipated water demand within SP1. The proposed Water Master Plan would have capacity to store approximately 9.8 million gallons of water (potable and nonpotable) to support anticipated development. Implementation of MM-UT2-1 through MMUT2-6 would be required by individual developers within SP1 to ensure required domestic water infrastructure is installed and available to provide sufficient potable and non-potable water to accommodate increased water demand. As such, impacts associated with water infrastructure would be less than significant.

CONSISTENT: Off-site and on-site domestic and recycled water infrastructure improvements are proposed to connect to existing water infrastructure west of the project site near the intersection of Roberts Road and Cherry Valley Boulevard, consistent with MM-UT2-1(water infrastructure improvements) and MM-UT2-6 (domestic and recycled water connection). In addition, the applicant will be responsible for implementation of MM-UT2-3 (payment of applicable fees), MM-UT2-4 (compliance with terms and conditions), and MM-UT2-5 (fire protection infrastructure). As such, construction of proposed water improvements to provide water services to the project site and compliance with applicable mitigation measures would ensure impacts associated with water infrastructure would be less than significant.

MM-UT2-1 Water infrastructure
improvements
MM-UT2-3 Payment of
applicable fees
MM-UT2-4 Compliance with
terms and conditions
MM-UT2-5 Fire protection
infrastructure
Impact UT3 Changes in stormwater drainage
Development within SP1 would introduce impermeable surfaces, requiring a need for a stormwater conveyance system. A Drainage Plan was developed for the Summerwind Ranch SPA that would use and incorporate the natural drainage courses within SP1. In addition, developers within SP1 would be required to implement MM-UT3 (NPDES permit) to ensure construction activities do not CONSISTENT: The Project includes on-and off-site storm drain improvements to connect to existing stormwater infrastructure and provide adequate retention of on-site storm flows. On-site storm flows would be directed to a retention basin at the north end of the project site and 2 subsurface retention basins in the parking lot area near the middle of the project site. In addition, the applicant will be responsible for implementation of MM-UT3 (NPDES permit) to ensure construction activities do not MM-UT3 NPDES Permit
compliance
Item Number: 1.

SUMMERWIND COMMONS EIR CONSISTENCY ANALYSIS
City of Calimesa
29 July 2020
Resource Summary of Certified EIR Analysis Potential Project Impacts Applicable Mitigation Measures result in release of contaminants into the stormwater conveyance system. As such, impacts associated with changes in stormwater drainage would be less than significant. result in the release of contaminants into the stormwater conveyance system. As such, impacts associated with changes in stormwater drainage would be less than significant.

Impact UT4 Increased solid waste
Development and operation of the Summerwind Ranch SPA would result in increased solid waste generation. The Riverside County Waste Management Department determined landfill expansion would not be required to accommodate disposal of solid waste generated upon buildout within SP1. As such, impacts associated with solid waste disposal would be less than significant.

CONSISTENT: Development of the Project would include development of 75,200 square feet of commercial land uses, which is approximately 120,800 square feet less than the total development within TC-7 anticipated in the Certified EIR. As such, the Project would result in lower solid waste generation, and no new impacts associated with solid waste would occur. As such, impacts associated with solid waste disposal would be less than significant.

No applicable mitigation measures for Impact UT4.

Item Number: 1.

Attachment A
Comparison of Vehicle Miles Traveled
Item Number: 1.

Summerwind Ranch/Planning Area TC-7/Summerwind Commons
Comparison of Vehicle Miles Traveled
Summerwind Ranch Planning Area TC-7 Summerwind Commons
Total Commercial 677.20 TSF 196.00 TSF 75.20 TSF
Trip Generation Rate 43.92 Trip/TSF 43.92 Trip/TSF 43.92 Trip/TSF Total Trips 29,742.62 Trips 8,608.32 Trips 3,302.78 Trips Average Trip Length 5.60 Miles 5.60 Miles 5.60 Miles
Total Vehicle Miles Traveled 166,439.72 48,172.16 18,482.38 Item Number: 1.

Desert Land Ventures Specific Plan | General Plan Consistency 7-1 Appendix A General Plan Consistency Table
General Plan Consistency
Relevant Policy Compliance with Policy

ADMINISTRATION ELEMENT
Goal: Comprehensive and integrated administration and implementation of all elements of the Desert Hot Springs General Plan through consistent and effective policies and programs.

Policy 2
The City shall provide for the use of
Specific Plans as a preferred method
of detailed and systematic
implementation of the General Plan.

Consistent—The Desert Land Ventures Specific Plan establishes a mix of land uses and associated infrastructure to allow for development of a key area of the City, the southern end of City of Desert Hot Springs I-10 Community Annexation area, which was annexed into the City in 2010. As stated in Section

1.3, Purpose and Intent, of the Specific Plan, the overall purpose and intent of the Specific Plan is to generate momentum and provide the land use and regulatory framework to allow for the systematic development of the Specific Plan area into a unique place in Desert Hot Springs. The Specific Plan would help implement the vision, goals and policies of the Desert Hot Springs General Plan for the Specific Plan area, as well as the objectives of City of Desert Hot Springs I10 Community Annexation.

Policy 6
Master facility and similar plans shall
be utilized by the City to address the
recreation, drainage/flood control,
infrastructure, utility management,
traffic control, and other facility needs
of the community.

Consistent—Chapter 5, Development Standards and Regulations, of the Specific Plan includes provisions for the delivery and provision of potable water wastewater and other utilities and service systems (e.g., natural gas, electricity) to serve the uses that would be accommodated and developed under the Specific Plan, as well as a detailed drainage plan to manage stormwater runoff.

LAND USE ELEMENT
Goal 1: A balanced mix of functionally integrated land uses meeting general social and economic needs of the community through simplified, compatible and consistent land use and zoning designations.

Goal 2: A resort residential community of desirable neighborhoods, a complementary employment base and a variety of community facilities.

Policy 4
Enhance the character and viability of
the City’s commercial areas, primarily
in the Palm Drive corridor, by
integrating nearby higher density
residential uses with retail and office
commercial development.

Consistent—The Specific Plan would promote the development of mixed uses within proximity of the Palm Drive corridor. The mixed-use development would provide various community retail, industrial and professional services and uses and would connect the established residential communities to the north to the southern annexed portion of the City. Overtime, as it is implemented, the Specific Plan will establish a key aesthetic, physical, and economic connection between the northern more developed portion of the City and the southern undeveloped portion, as well as with the Palm Drive corridor.

Policy 5
The City shall assign Specific Plan
overlay designations to land located
in the City’s incorporated limits and
Sphere-of-Influence to guide and
assure an effective integrated mix of
commercial, office, industrial and
residential uses.

Consistent—The Specific Plan area is designated as Rural Desert (RD) and Light Industrial (LI) by the City’s General Plan and Zoning Ordinance. Although the area is not within a designated Specific Plan overlay, future development would be guided by The Desert Land Ventures Specific Plan. The Specific Plan would create new land use districts for the Specific Plan area, allowing for a masterplanned industrial and technology business park that accommodates a mix of industrial warehouses and businesses, as well as accommodating freewayoriented commercial and hospitality uses. The land use districts will allow for the integration of community retail, professional services, hospitality, and light manufacturing uses within the Specific Plan area, thereby supporting this policy.

COMMERCIAL LAND USE
Goal: A responsive range of commercial land uses conveniently and appropriately distributed throughout the City, meeting the community’s needs and taking full advantage of emerging development and economic opportunities.

Policy 1
Sufficient land shall be designated to
provide a full range of commercial
services to the community and
surrounding areas for present and
future years.

Consistent—The Specific Plan allows for the development of a mix of commercial, retail, office, hospitality, and light industrial uses, which in turn will cater to the residents and visitors of Desert Hot Springs, as well as motorists passing on I-10 and Palm Drive.

Exhibit B
Comment Letter / Judy Deertrack
Submitted: April 7, 2026
DLVSP 2018 EIR Appendix A
Item Number: 1.

7-2 General Plan Consistency | Desert Land Ventures Specific Plan General Plan Consistency
Relevant Policy Compliance with Policy
Policy 2
Development standards for
commercial land uses shall include
setbacks, pad elevations, massing and
height limitations, and other
requirements, which provide
adequate visibility and accessibility,
while preserving the scenic viewsheds
from adjoining properties and public
rights-of-ways.

Consistent—The Specific Plan includes detailed development standards and design guidelines for but not limited to lot size and dimensions, building setbacks, building heights and massing, parking requirements, and floor area ratio. Standards and guidelines are detailed for each of the Planning Areas and serve to create a visually-stimulating built environment that is not only visible from I-10 and the Palm Drive corridor, but also ensures that scenic viewsheds from adjoining properties and public rights-of-ways will be preserved.

Policy 3
Encourage lot consolidation and
integrated development planning
along the Palm Drive and Pierson
Boulevard corridors as well as the old
Town district to reduce fragmentation
and encourage in-fill development.

Consistent—Although the Specific Plan area is not along or immediately adjacent to the Palm Drive corridor, it lies just west of the corridor. The Specific Plan is guided in part by the principles and objectives of the Palm Drive Corridor Master Plan. The development plan and roadway improvements proposed under the Specific Plan would help provide a portion of the connection between the corridor and the Specific Plan area, and also help further the main objective of the corridor master plan, which is to implement a plan of beautification and circulation improvements to the Palm Drive corridor. The Specific Plan provides for integrated development planning within each of the Planning Areas, as well as the overall Specific Plan area.

INDUSTRIAL LAND USE
Goal: Lands that provide for the development of non-polluting, energy-related and other clean industrial development that broadens the economic and employment base of the City, and assures compatible integration with other, nonindustrial land uses.

Policy 1
Provide adequate and appropriate
lands designated for industrial uses to
provide a broad range of industrial
development.

Consistent—The Specific Plan designates nearly half of the developable land within the Specific Plan area for industrial uses and will allow for the development of a wide range of industrial, technological, and light manufacturing uses.

Policy 2
Industrial land shall be located in
areas that maximize all available and
planned infrastructures, including but
not limited to water and sewer
service, electric and natural gas
service, and major transportation
corridors, and should minimize the
impact on public health and safety.

Consistent—The Specific Plan Area allows for development of undeveloped land along the southern end of the City. Convenient access is available to the Specific Plan area from the Palm Drive corridor and I-10 on/off–ramp at Palm Drive.

Although potable water and wastewater infrastructure is lacking in the Specific Plan area and its surroundings, the Specific Plan includes several water and wastewater infrastructure improvements that would more than adequately serve future industrial uses of the Specific Plan. Additionally, electrical and natural gas area readily available to serve industrial uses developed under the Specific Plan. Furthermore, the industrial uses that would be accommodated by the Specific Plan would be developed and operated in a manner that would ensure that impacts on public health and safety would not occur.

Policy 3
To enhance the efficient use of
industrial lands, the City shall
encourage the preparation of a
Specific Plan on larger industrial areas,
which master plans the extension of
roadways, drainage facilities, utilities
and other infrastructure.

Consistent—See responses to Policies 2 and 6 of the Administration Element and Policy 5 of the Land Use Element, above; see also response to Policy 2 of the Industrial Land Use section, immediately above.

Item Number: 1.

Desert Land Ventures Specific Plan | General Plan Consistency 7-3 General Plan Consistency
Relevant Policy Compliance with Policy
Policy 4
The City of Desert Hot Springs shall
seek to attract appropriate industrial
users for which the area is particularly
suited and encourage those industries
to take advantage of the local labor
force and markets with which the City
has a comparative advantage.

Consistent—The Specific Plan encourages industrial development and provides market analysis for desired industries and complementary industry segments that can provide employment opportunities to skilled workers. Additionally, many of the Specific Plans land use principles and goals and objectives outlined in Section 1.4, Vision, Land Use Principles, and Goals and Objectives, of the Specific Plan help implement this policy. For example, following are two of the land use principles:
ƒ Increase the City's revenue-generating tax base through new sales and property taxes associated with the mix of land uses permitted and proposed under the Specific Plan, while providing a new job base for existing and future residents of Desert Hot Springs and surrounding desert cities and communities.
ƒ Create a unique industrial/technology park for clean manufacturing and tech-based businesses with an emphasis on renewable energy and sustainable products, with the potential for destination hospitality and commercial/retail uses.

Policy 6
The City shall require adherence to
applicable development standards
and guidelines to assure aesthetically
acceptable industrial developments
for all new industrial sites.

Consistent—The Specific Plan provides detailed development standards and design guidelines that provide direction regarding site design, building design, landscape architecture, and signage. The standards and guidelines will ensure that the Specific Plan area reflects aesthetically-pleasing and functional industrial developments and their related features and amenities.

CIRCULATION ELEMENT
Goal: A circulation network that efficiently, safely and economically moves people, vehicles, and goods using transportation facilities that meet the current demands and projected needs of the City, while maintaining and protecting its residential and spa resort character.

Policy 1
Establish and maintain a master plan
of roads, which sets forth detailed
improvement plans and priority
schedules for implementation, to
assure minimal levels of mid-block
roadway intersection operations at
LOS C and LOS D, respectively.

Consistent—The Specific Plan includes a comprehensive vehicular access and circulation system which contains a hierarchy of access points and roadways that ensure appropriate intersection operations at all levels of service. The ability to easily access and circulate within the Specific Plan area, as well as be able to access the surrounding local and regional roadway system is a key element of the Specific Plans mobility plan (see Figures 3-2, Conceptual Mobility Plan (SiteSpecific), and 3-3, Conceptual Mobility Plan (Area-Wide). Additionally, the portion of Varner Road outside of and east of the Specific Plan area—between the eastern boundary of the Specific Plan and Palm Drive—will be improved with roadway paving in order to provide vehicular access to and from Palm Drive (see Figure 3-3).

Policy 4
Encourage expansion of the service
area and the ridership of the public
transit systems operated by the
Sunline Transit Agency within the City.

Consistent—The Specific Plan allows for the development of a mix of uses in the southern, mostly undeveloped portion of the City. This area will benefit from increased ridership as new development, both under the Specific Plan and any future development plans in the surrounding vicinity, creates local places of employment and shopping destinations. Additionally, although undeveloped land situated between the Specific Plan area and local transit stops along Palm Drive make it difficult to provide adequate access to public transit, once the undeveloped land east of the Specific Plan area is developed, convenient access will be provided.

Policy 5
As a means of reducing traffic
associated with work-related outmigration, make every reasonable effort to enhance the City’s
job/housing balance.

Consistent—The Specific Plan allows for the creation of new retail and light industrial jobs within the City of Desert Hot Springs. The creation of a new employment center within City limits would help reduce the need for residents to leave the City for work, and ultimately reduce commute-related traffic congestion. Additionally, one of the goals and objectives of the Specific Plan (see Subsection 1.4.2, Goals and Objectives) aims to help the City balance its jobsto-housing ratio (which is currently skewed to the housing side) through increased economic expansion and opportunities within the Specific Plan area.

Item Number: 1.

7-4 General Plan Consistency | Desert Land Ventures Specific Plan General Plan Consistency
Relevant Policy Compliance with Policy
Policy 6
Promote the use of multi-occupant
modes of transportation, and the
shifting of employment-related trips
out of current peak traffic periods.

Consistent—The mobility plan of this Specific Plan encourages the development of an extensive pedestrian system that would eventually connect the Specific Plan area are to the City’s public transit system so that visitors and employees to the Specific Plan area can better utilize multi-occupant transportation options.

Policy 7
Develop and encourage the use of
continuous and convenient bicycle
routes and multi-use trails to places of
employment, shopping centers,
schools, and other high activity areas
with potential for increased bicycle
use.

Consistent—The Specific Plan supports the City’s Bicycle & Pedestrian Master Plan, which serves as a guide to improve bicycling and walking activity throughout the City. The Specific Plan area is within proximity of the CV Link Alignment route (runs along Palm Drive), which will connect the Specific Plan area to the local and regional bicycle network.

COMMUNITY DESIGN ELEMENT
Goal 1: Citywide design and development which enhances the community’s distinctive character as a desert-oriented resort residential community and preserves and enhances the natural scenic resources in harmony with the built environment.

Goal 2: Variety of community design, architecture and landscaping compatible with the City’s desert setting and surrounding development.

Policy 1
Private and public sector
development projects shall equally
apply City community design
standards, thereby protecting the
community’s scenic viewsheds,
providing a community cohesion and
enhancing the image of Desert Hot
Springs as a resort residential
community.

Consistent—The project area serves as a catalyst site to establish the City’s visible presence along the I-10 freeway frontage. The Specific Plan incorporates extensive design guidelines and standards that support the City’s vision for a mixed-use, industrial area that promotes a visually-appealing gateway to the City. Development standards and design guidelines are also detailed in the Specific Plan that serve to create a visually-stimulating built environment that is not only visible from I-10 and Palm Drive, but also ensures the community’s scenic viewsheds will be preserved.

Policy 4
Commercial development and mixed
use projects shall consist of integrated
designs that incorporate safe and
convenient vehicular and pedestrianoriented circulation, safe and convenient ingress and egress, shared
parking, screened outdoor
storage/loading and other noisy or
unsightly areas, and protected
outdoor seating areas, lighting,
signage and the planting of mature
landscaping to provide an immediate
effect of permanency and quality.

Consistent—The Specific Plan incorporates detailed design guidelines and standards that not only support human and pedestrian comfort and safety, but also ensure safe and convenient access and circulation for motorists. For example, some of the design guideline and standards include the requirement for: safe and convenient pedestrian connections between buildings, onsite amenities, and parking areas; safe and efficient pedestrian circulation within each planning area; well-marked and lighted paths of travel; and visually appealing landscaping, amenities, and public art. In addition, the Specific Plan calls for clearly defined routes, complete with adequate lighting and wayfinding signage. Traffic calming accent features are encouraged in key areas such as crosswalks, entryways, and intersections.

Policy 5
Detailed landscape architectural and
special signage designs, which reflect
the character of the development,
shall be required for City and project
entries, scenic roadways and other
City focal points.

Consistent—A signage system and a landscaping theme are incorporated in the design guidelines of the Specific Plan—they encourage a visually coordinated, balanced, and appealing plan area that promotes compatibility with the architectural styles and landscape concepts identified in this Specific Plan and permit signs that effectively communicate the message without detracting from the overall design aesthetic of the of the Specific Plan area and its surroundings.

Item Number: 1.

Desert Land Ventures Specific Plan | General Plan Consistency 7-5 General Plan Consistency
Relevant Policy Compliance with Policy
Policy 7
Integrate native and other
appropriate desert landscape
materials and site-sensitive
architectural designs into all public
and private building projects to
enhance the community’s cohesion
between the built and natural
environment.

Consistent—The landscape design guidelines provided in the Specific Plan emphasize harmony between architectural, lighting, and sign design elements and the natural desert environment. The landscape design guidelines call for the use of native and desert-friendly plants and local materials for hardscape and landscape elements, which in turn help create visual continuity throughout the Specific Plan area.

Policy 9
Signs shall be limited to the minimum
size, scale and number needed to
provide functional identification and
exposure necessary to convey
messages, while minimizing impacts
on traffic safety, streetscape and
scenic viewsheds.

Consistent—The Specific Plan includes sign standards and guidelines, which are drawn from Chapters 17.44 and 17.45 of the City’s Zoning Ordinance. The sign standards identify a framework for business advertising and wayfinding signage that effectively communicate messages without detracting from the overall design aesthetic of the of the Specific Plan area and its surroundings.

Policy 10
Lighting shall be limited to the
minimum height, number and
intensity of fixtures needed to provide
security and identification in
residential, commercial and industrial
development, taking every reasonable
measure to preserve the community’s
night skies.

Consistent—The lighting design guidelines and standards and guidelines set forth in Chapter 6 of this Specific Plan require that all outdoor lighting be in compliance with Section 17.40.170 of the City’s Zoning Ordinance. The guidelines and standards are established to minimize glare and reduce light trespass; be energy efficient; respect desert dark skies, and enhance the Specific Plan area’s character while providing safety and security for all users.

Policy 11
Incorporate the City image/logo or
other appropriate City identification
into entry features, street signage,
public buildings, planters and median
islands, benches and other
streetscape furnishing, City vehicles
and other similar applications.

Consistent—If required, City images or identification will be provided in the development of public street signs only.

Policy 13
Overhead utility lines shall be
undergrounded to the greatest extent
practical through the establishment of
an undergrounding program and
guidelines. Overhead utility lines
along scenic roadways shall have first
priority for City and other funding for
utility undergrounding.

Consistent—The Specific Plan outlines design guidelines and standards that call for utility infrastructure and facilities such as sewer, gas, water, electric, telephone, and telecommunications to be installed underground.

Policy 14
Water wells, utility substations,
switching and control facilities
associated with it shall be screened to
preserve scenic viewsheds and limit
visual clutter.

Consistent—The Specific Plan includes design guidelines and standards that call for the provision of landscape buffers or desert-themed walls to screen shipping and receiving areas, utilities, mechanical equipment, and parking areas that produce visual clutter.

Item Number: 1.

7-6 General Plan Consistency | Desert Land Ventures Specific Plan General Plan Consistency
Relevant Policy Compliance with Policy

ECONOMIC DEVELOPMENT ELEMENT
Goal 1: A broadly based, healthy and balanced economy that provides a full range of economic and employment opportunities.

Goal 2: Continued growth, which assures the maintenance of a revenue base, adequate to support present and future public services and facility needs.

Policy 1
Establish and maintain the City’s role
as an important commercial center
serving the Desert Hot Springs area
and the upper Coachella Valley.

Consistent— The Specific Plan allows for the development of a mix of commercial, retail, office, hospitality, and light industrial uses within the Specific Plan area, which will serve the needs of Desert Hot Springs and greater Coachella Valley.

Policy 2
Actively solicit employment and
revenue generating development,
including resort, commercial and
industrial projects compatible and
consistent with the City’s General
Plan.

Consistent— As noted above, the Specific Plan allows for the development of a mix of commercial, retail, office, hospitality, and light industrial uses within the Specific Plan area. At buildout, the Specific Plan area would provide opportunities for up to 37.8 acres of mixed-use building space and 27 acres of industrial building space, which e ensure that employment-generating businesses will be established.

Policy 3
Encourage and facilitate the
development of the tourist/traveler
commercial potential of the U.S.

Interstate-10, State Highway 62 and
Indian Avenue corridors, the California
Desert Conservation Area, Joshua Tree
National Park and the Greater
Coachella Valley area.

Consistent—The Specific Plan area allows for the development of hotels (up to 150 hotel rooms) and encourages the development of businesses that will serve to complement the existing tourism industry. The land uses permitted under the Specific Plan will allow for development of a sustainable and high-quality, master-planned industrial and technology business park with freeway-oriented commercial and hospitality uses.

Policy 5
Assure sufficient infrastructure and
capital facilities in order to maintain
existing economic activities and
attract new resort, commercial
businesses and industries to the City.

Consistent—The Specific Plan calls for the development of adequate infrastructure to connect the Specific Plan area to the City’s greater circulation system and economic center. See responses to Policies 2 and 6 of the Administration Element and Policy 5 of the Land Use Element, above; see also response to Policy 2 of the Industrial Land Use section, immediately above.

Policy 7
Adopt and implement plans and
development guidelines, which
encourage and enhance quality
development and renovation in the
downtown area, and along the
Highway 62 and Interestate-10
corridors.

Consistent—The Specific Plan establishes a land use development plan and detailed design guidelines and standards for development of the Specific Plan area, which abuts and is highly visible from the I-10 corridor. The land use plan and design guidelines and standards direct the land use types and design of development that would occur within the Specific Plan area, including architectural style of the buildings, roadway system, public infrastructure, lighting, etc.—they also aim to enhance the City’s visibility along the I-10 corridor.

BIOLOGICAL RESOURCES ELEMENT
Goal: Protection and preservation of City and regional biological resources, especially those sensitive, rare, threatened or endangered species of plants and wildlife and their habitats, and a functional, harmonious relationship and balance between nature and human development.

Policy 4
Assure that sensitive habitat and
wildlife areas, as well as state and
federal lands, are appropriately
buffered from urban development.

Consistent—The Specific Plan embraces and supports the provisions set forth in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and as such, designates approximately 39 acres of land for open space conservation.

Item Number: 1.

Desert Land Ventures Specific Plan | General Plan Consistency 7-7 General Plan Consistency
Relevant Policy Compliance with Policy
Policy 5
Encourage and cooperate in the
establishment of multiple use
corridors that use drainage channels
and utility easements to provide
wildlife corridors and public
interconnection between open space
areas in the community and vicinity.

Consistent—The Specific Plan land use plan is designed to provide retention basins and drainage swales that will connect the undeveloped areas along the utility easement in the southern portion of the project area to the Willow Hole Conservation Area in the northern portion of the project area.

ARCHAEOLOGICAL AND HISTORIC RESOURCES ELEMENT
Goal: Preservation and maintenance of cultural heritage and resources, including historic and prehistoric cultural artifacts and traditions.

Policy 2
Development or land use proposals,
which have the potential to disturb or
destroy sensitive cultural resources,
shall be evaluated by a qualified
professional and, if necessary,
appropriate mitigation measures shall
be incorporated into project
approvals.

Consistent—Impacts to cultural resources as a result of future development under the Specific Plan was analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND includes a detailed analysis and outlines mitigation measures for potential impacts to cultural resources.

WATER RESOURCES ELEMENT
Goal 1: A dependable long-term supply of clean and healthful domestic water and hot mineral water to meet the needs of all segments of the community.

Goal 2: An informed public that respects the City’s finite water resource and maximizes protection and conservation efforts for the benefit of the entire community.

Policy 1
To the greatest extent practical,
require the use of low water
consuming, drought tolerant
landscape plantings as a means of
reducing water demand, and
coordinate with DWA, MSWD and
CVWD to strengthen education/public
relations programs to inform residents
of the full range of water saving
techniques available.

Consistent—The landscape palette developed for the Specific Plan requires the planting of drought-tolerant plants with low water demand. For example, plant species that are invasive or have high water demands are prohibited in the Specific Plan area. The Specific Plan also calls for the provision of swales and infiltration basins to collect and retain stormwater runoff.

AIR QUALITY ELEMENT
Goal: Good regional air quality preserved and enhanced for the protection of the health and welfare of the community as a whole.

Policy 3
The City shall promote the
development of pedestrian-oriented
retail centers, as well as communitywide multi-use trails and bike paths, dedicated bike lanes and other
desirable alternatives to motor vehicle
traffic.

Consistent—The Specific Plan area is designed to provide convenient pedestrian-oriented mobility plan between planning areas and requires that development projects within each planning area include additional active transportation features to support non-motorized mobility within each planning area. The detailed mobility plan is outlined in Section 3.2, Mobility Plan, of the Specific Plan and illustrated in Figures 3-2, Conceptual Mobility Plan (SiteSpecific), and 3-3, Conceptual Mobility Plan (Area-Wide).

Item Number: 1.

7-8 General Plan Consistency | Desert Land Ventures Specific Plan General Plan Consistency
Relevant Policy Compliance with Policy

OPEN SPACE AND CONSERVATION ELEMENT
Goal 1: Conservation, preservation and management of open space areas and protection of environmental resources and threatened animal species, protection against environmental hazards, and provision of enhanced recreational opportunities, and scenic qualities of the City.

Goal 2: Preservation of the City’s desert atmosphere, including maintenance of natural and scenic resources.

Policy 4
Prepare and implement design and
development guidelines and
regulations that assure provision of
appropriate buffers between urban
lands and open space/conservation
areas.

Consistent—The Specific Plan has designated Planning Area 3, the largest of the three planning areas, for open space conservation. Planning Area 3 is located along the northern boundary of the Specific Plan area and is buffered by collector streets, as well as a 10-foot wide multi-purpose trail.

ENERGY AND MINERAL RESOURCES ELEMENT
Goal: Conservation and thoughtful management of energy sources and mineral deposits, assuring the long-term viability of limited and non-renewable resources.

Policy 1
Promote energy conservation in all
areas of community development,
including transportation,
development planning, public and
private sector office construction and
operation, as well as in the full range
of residential, commercial and
industrial projects.

Consistent—Section 6.10, Sustainable Design and Health, of the Specific Plan outlines a sustainable approach to the development and design of buildings and landscaping. The guidelines outlined in this section require compliance with all CALGreen building standards and encourage the use of sustainable building materials, energy efficient design elements. Large-scale sustainable energy facilities such as wind energy or solar farms are permitted and highly encouraged in Planning Area 3 (CVMSHCP’s Willow Hole Conservation Area).

Policy 3
Major mixed-use developments,
which provide significant
employment centers, shall be required
to provide convenient and safe access
to the public transit system.

Consistent—The Specific Plan, which plans for major mixed-use development and intends to serve as a significant employment center once built out, has designed an extensive circulation system that provides for proposed connections to the City’s public transportation system along Palm Drive.

Although undeveloped land situated between the Specific Plan area and local transit stops along Palm Drive make it difficult to provide adequate access to public transit, once the undeveloped land east of the Specific Plan area is developed, convenient access will be provided.

FLOODING & HYDROLOGY ELEMENT
Goal: Comprehensive flood control system that assures the protection of lives, property and essential facilities within the community and assures all-weather access to regional roadways.

Policy 2
Provide for the implementation of
drainage controls and improvements
that enhance local conditions and are
consistent with and complement the
Master Drainage Plan.

Consistent—The Specific Plan area and its surrounding areas are currently constrained by flooding and drainage issues. To resolve these issues, the Specific Plans drainage plan provides creative solutions to ensure proper drainage is provided and that flooding on- and offsite will not occur. Solutions include raised development pads and utilization of natural drainage flows. The proposed elements and improvements of the Specific Plan’s drainage plan are consistent with the City’s Master Drainage Plan.

Policy 7
All development proposed on lands of
one (1) acre or larger shall be required
to retain 100 percent of the 100-year
storm runoff that is generated by
development, on site.

Consistent—The Specific Plan’s drainage plan was developed and calls for the onsite retention of storm runoff from a 100-year storm event. For example, as stated in Section 6.10.1, Site Design and Infrastructure, of the Specific Plan, onsite retention (infiltration) basins are required to be designed and developed to provide 100 percent onsite retention of development drainage flows for up to the 100-storm event.

Item Number: 1.

Desert Land Ventures Specific Plan | General Plan Consistency 7-9 General Plan Consistency
Relevant Policy Compliance with Policy

NOISE ELEMENT
Goal: A noise environment providing peace and quiet that complements and is consistent with the City’s spa resort and residential character and the various mix of land uses comprising the community.

Policy 4
Land uses that are compatible with
higher noise levels shall be located
adjacent to the City’s major arterial
roads and highways, Interstate-10
corridor, or designated industrial
lands in order to maximize noise
related land use compatibility.

Consistent—The Specific Plan area is within proximity of I-10 and away from sensitive residential neighborhoods. Land uses that would be accommodated under the Specific Plan are compatible with higher noise levels associated with the adjacent I-10 corridor. Additionally, any noise generated within the Specific Plan area would be buffered by the surrounding undeveloped land and not expected to create any disturbance or annoyance for established other noisesensitive land uses within the developed northern portion of the City.

FIRE AND POLICE PROTECTION ELEMENT
Goal: A high level of police and fire protection and service.

Policy 5
Emergency police, fire and paramedic
vehicle access shall be provided with
all new development to the
satisfaction of the City.

Consistent—The vehicular circulation network designed for the Specific Plan provides for adequate vehicular access for emergency vehicles. Additionally, to address fire access needs, all future roadway improvements would be required to be designed in accordance with all applicable fire department design standards for emergency access (e.g., minimum lane width and turning radius).

For example, internal drive aisles would be designed to meet the minimum width requirements of the fire department to allow the passing of emergency vehicles. Additionally, during the building plan check and development review process, the City would coordinate with the fire department to ensure that the necessary fire prevention and emergency response features are incorporated into future development projects and that adequate circulation and access (e.g., adequate turning radii for fire trucks) are provided within the traffic and circulation components of the Specific Plan.

Policy 6
Utilize crime prevention principles
through the integration of project
planning which results in “defensible
space” or high security designs as a
means of providing increased security
in residential, commercial and
industrial development.

Consistent—The Specific Plan utilizes innovative approaches to design to prevent criminal activity within the project area. Various design guidelines and standards are provided in Chapter 6 of the Specific Plan. For example, in addition to well-lighted walkways and parking areas, the landscape palette provided encourages “hostile landscaping” to be planted along buildings and under windows to hinder access to building entry points. Additionally, the selected plant species and design and placement of landscaping should provide for natural surveillance of pedestrian areas and should avoid the creation of hiding places, in accordance with Crime Prevention Through Environmental Design.

HEALTH SERVICES ELEMENT
Goal: High quality health care facilities and services that are easily accessible to City residents and promote good health and well-being.

Policy 3
The City shall participate in the
promotion of Desert Hot Springs as a
health-conscious spa resort
community providing a wide range of
mainstream and alternative therapies
and treatments.

Consistent—The Specific Plan allows for the cultivation and sale of medicinallytherapeutic marijuana products, which may serve to supplement the mainstream spa treatments found in nearby spa facilities.

Item Number: 1.

Exhibit C
Comment Letter / Judy Deertrack
Amendment to DLVSP
Submitted: April 7, 2026
Warehousing Footprint (2022)
Prepared by Pitzer College (Claremont University)
Item Number: 1.

EXHIBIT 4-21: CUMULATIVE DEVELOPMENT LOCATION MAP
SOURCE: Urban Crossroads

NO SCALE
FIGURE 6-1
I:\NPD2001\G\Cumulative_Projects.ai (9/11/2023)
Cumulative Projects
Sunset Crossroads
Exhibit D / Comment Letter / By: Judy Deertrack / DLVSP Amendment / Submitted: April 7, 2026 Item Number: 1.

Exhibit E
DLVSP Amendment
Comment Letter / Submitted by: Judy Deertrack
April 7, 2026
Item Number: 1.

Exhibit F / Comment Letter / Submitted by: Judy Deertrack DLVSP Amendment / April 7, 2026 / Changes in Building Footprint / Commercial to Industrial Table 5.2 from DHS Varner Road Specific Plan (2018)
Item Number: 1.

Exhibit G / Comment Letter / Judy Deertrack / 2018 DLVSP Land Use Map DLVSP Amendment / Submitted: April 7, 2026 / Significant Environmental Impacts Changes in Circulation Patterns / 2018 Adoption - 2026 Amendment Item Number: 1.

Judy Deertrack
Deertrack Consulting, LLC
Palm Springs, CA 92262
Phone: 760 325 4290
Email: [email protected]
April 13, 2026

ADDENDUM TO COMMENTS
SUBMITTED APRIL 7, 2026
BY: JUDY DEERTRACK
To the Honorable City Council
City of Desert Hot Springs, CA
Attn: Travis Clark, Community Development Director
Attn: Jerryl Soriano, City Clerk
Attn: Patricia Villagomez, Planning Manager
Re: A Resolution of the Planning Commission Recommending That the City Council of the City of Desert Hot Springs, California, 1) Adopt an Addendum to the Desert Land Ventures Environmental Impact Report (SCH 2017051070, ENV 252); 2) Approve DHS Varner Road Specific Plan Amendment (SP 242), Amending the Desert Land Ventures Specific Plan in the City; 3) General Plan Amendment (GPA 241); 4) Tract Map (TM 251); 5) Design Review (Dr 244), and 6) Approve an Ordinance Amending Chapter 17.210 to Amend the Desert Land Ventures Specific Plan and Develop a Logistics Center
To Whom It May Concern:

I am adding comments to supplement my original research submitted April 7, 2026. After reviewing the Statement of Overriding Consideration with Findings (2018) and its marked emphasis on mixeduse gateway, scenic, and business vitality, I am increasingly concerned that the use of an Addendum to an EIR has not captured the transition from vibrant hospitality to single-use monolithic logistics.

My concern with the significant changes to the DLV Specific Plan stem from whether the revisions subvert the economic diversification and community ‘fit’ Desert Hot Springs wisely planned. The City of Desert Hot Springs conscientiously provided for ‘districts’ or ‘areas’ within the city that evolve into mutually supported functions with neighboring districts.

Accordingly, the original 2018 plan reflected the vision of city leaders and the public at the moment of the General Plan Update -- with particular attention to how the entrance to Desert Hot Springs will reflect the city’s pride in its art, connection to nature, hospitality, and diverse business interests.

I have assessed what I believe are the planning principles at stake on the findings within the Statement of Overriding Consideration, adopted into the City’s Resolution (2018), and what obligations it creates under CEQA and General Plan Consistency requirements.

Does this change to warehousing fit with the tiering between the General Plan Update, its Environmental Assessment, and the multi-layered, policy-driven district planning that incorporates what Desert Hot Springs has in mind for its entrance – as expressed in Area Plans, Residential Plans, Infrastructure Plans, and the Interstate 10 Annexation Plan? I leave that assessment to the city but advocate that it not be ignored, because the ‘vision’ for this area is germane, and I hope not sacrificed.

Item Number: 1.

2 LANGUAGE FROM THE 2018 STATEMENT OF OVERRIDING CONSIDERATION (SOC):

The statements below from the 2018 SOC are characteristics chosen from the mixed-use project and classified as “overriding considerations” to justify proceeding with the project in light of environmental impacts that the City of Desert Hot Springs could not further mitigate:
(1) Employment: “The first overriding consideration is that this project will receive on-going revenue from marijuana related business taxes…. estimated to be $11,585,680 annually, …..” [emphasis added – anticipated revenue displaced]
(2) Increased Customer Base: “…the project will contribute to the I-10 Community Annexation completed in 2010 to provide opportunity for the city to increase its sales-tax base and reduce sales-tax leakage through development of additional retail uses, and to expand its job base through additional commercial and industrial development;” [emphasis added – abandoned compliance with general plan programs] (3). “Economic Viability: ….transition of underutilized land into productive industrial and commercial uses.” [emphasis added – abandoned commercial components] (4) “Freeway Visibility: ….encourage new economic opportunities that occur due to direct visibility from and convenient access to the I-10 Freeway.” [emphasis added – abandoned scenic gateway program, added traffic congestion] (5) “Renewable Energy: …..will bring more renewable energy to the City by providing solar fields and wind energy conservation systems.” [emphasis added – abandoned energy and conservation components]
(6) “Public Improvements: ….will provide desirable public improvements and necessary infrastructure through the site and adjacent areas.” [emphasis added – abandoned diversified public project with strong public access components] “The City Council hereby declares that the foregoing benefits provided to the public through the approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project that cannot be mitigated.

The City Council finds that each of the Project benefits separately and individually outweighs the unavoidable adverse environmental effects identified in the Environment Impact Report and therefore finds those impacts to be acceptable.” [Statement of Overriding Consideration, Adopted 2018 - Desert Land Ventures Specific Plan]. [emphasis added – conclusions drawn from above] Project revisions may eliminate the justifications. Specific Plan Amendments have eliminated economic diversification in retail, jobs diversity, viewshed, hospitality, and tourism. The Addendum to the EIR or project evaluation has not demonstrated the 2018 Statement of Overriding Consideration is viable as applied to the SPA 2026.
(1) Sales Tax & Employment: The marijuana business taxes ($11.5 million) derive from a targeted industry. The SPA does not address economic risks of relying upon an over-saturated warehousing market (1.25 billion sf of warehousing within the Inland Empire, approved or pending). The logistic market is controversial and highly competitive; the market is oversaturated in the Inland Empire; employment is uncertain (AI and robotics); the industry may be unstable in the current tariff environment. None of this has been assessed to support the SOC in effect.

Item Number: 1.

3 (2) Freeway Visibility: A business park visible from Interstate 10 depends upon economic diversification to stimulate interest in the City. Can one more monolith 100 foot building replace the designed charm and interest of a tourism / hospitality / business park / industrial incubator zone? (3) Renewable Energy and Public Improvements: Wind energy and solar conservation have been replaced by logistics. The public benefits arising out of DHS applied policies and programs (conservation / public access / mobility) are eliminated. Those benefits include scenic charm, mobility, biking, tourism, and public access.

SIGNIFICANT AMENDMENTS TO A SPECIFIC PLAN / IMPACTS TO FINDINGS UNDER THE STATEMENT OF OVERRIDING CONSIDERATION:

The California Environmental Quality Act (CEQA) allows a lead agency to approve a project with significant unavoidable environmental impacts if the agency adopts a Statement of Overriding Consideration (SOC) supported by specific findings [emphasis added] explaining why the project’s economic, legal, social, technological, or other benefits outweigh the environmental harm. This requirement arises under CEQA Guidelines §15093.

The question arises upon review of a proposed Amendment to the Specific Plan with environmental assessment whether economic and policy benefits used to justify the original SOC appear to have fundamentally changed as a result of the amendment to the specific plan.

In the original project approval, the Environmental Impact Report (EIR) evaluated a diversified mixeduse development program, including retail, commercial, hospitality, industrial, and destination resort uses. The SOC adopted at that time would necessarily have relied upon the benefits associated with that diversified land-use mix—such as tourism generation, employment diversity, commercial services, tax base diversification, and regional economic development.

The proposed amendment to the specific plan replaces that mixed-use economic structure with a single-use logistics warehouse project. The benefits underlying the original SOC may no longer exist in the same form or magnitude. That has not been assessed in the Addendum to the EIR, or in any process.

Under CEQA, this creates several issues:

First, an SOC must be tied to the actual project being approved. If the project has materially changed, the agency cannot rely on an SOC that was justified by benefits that are no longer part of the project. Courts have repeatedly held that CEQA findings must be supported by substantial evidence in the record and must correspond to the project actually under consideration.

Second, when a project is substantially modified after certification of an EIR, the lead agency must determine whether the changes trigger additional environmental review under CEQA Guidelines §15162 or §15164. An addendum under §15164 is appropriate only when the agency can determine that:

1. No new significant environmental impacts would occur,

2. No substantial increase in the severity of previously identified impacts would occur, and

3. No new mitigation measures or alternatives are required.

Item Number: 1.

4 However, a fundamental change in the project’s underlying economic purpose or land-use structure can affect the validity of the prior findings and SOC, even if the physical environmental impacts appear similar. The SOC is not merely procedural; it is the legal justification that allows the agency to approve a project despite unavoidable impacts.

If the benefits relied upon in the original SOC (tourism, mixed-use economic development, hospitality jobs, commercial services, etc.) have been eliminated or significantly reduced, then the evidentiary foundation for the original SOC may no longer exist. In that situation, several consequences may follow:

1. A new Statement of Overriding Considerations would likely be required. Because the agency would be approving a materially different project, it must adopt a new SOC explain why the environmental impacts are justified by the benefits of the revised logistics-focused project.

2. The environmental document must disclose the changed benefits analysis. Even if the agency proceeds with an addendum, the administrative record must demonstrate that the agency considered whether the benefits supporting the SOC have materially changed. If the addendum is silent on this issue, it may be vulnerable to challenge for failing to analyze a material change in the project’s justification.

3. The issue may trigger the need for a Subsequent or Supplemental EIR rather than an addendum. Under CEQA Guidelines §15162, a subsequent EIR may be required where substantial changes to the project will require major revisions to the EIR due to new or substantially more severe impacts or new information of substantial importance. Courts sometimes treat a change in the project’s fundamental character or objectives as evidence that the original environmental analysis is no longer adequate.

4. The issue extends beyond CEQA. Replacing the economic framework of the project can also affect other land-use law requirements, including:
a. Consistency with the General Plan, which under California law must be maintained between the general plan and any adopted specific plan.
b. Specific Plan findings, which require that the plan implement the policies and objectives of the general plan.
c. Fiscal and economic impact assumptions used in the original approval process. If the mixed-use economic program was part of the rationale for consistency with the general plan’s economic development policies, the amendment converting the project to a logistics-only land use may raise separate planning consistency issues.

In summary, the replacement of a diversified mixed-use project with a single-use logistics development can undermine the factual findings supporting the original Statement of Overriding Considerations.

Because the SOC must be supported by substantial evidence tied to the project actually being approved, the agency would typically need to adopt new findings and a new SOC reflecting the revised project benefits. If the CEQA addendum fails to analyze the change in the benefits underlying the SOC, the adequacy of the environmental review may be subject to legal challenge.

SOC FINDINGS / CHANGES IN OPERATIONAL USES OF BUILDINGS / CANNABIS OPERATIONS

VERSUS WAREHOUSING
What are the CEQA implications of replacing approximately 1.5 million square feet of previously approved cannabis cultivation and dispensary uses with logistics warehouse operations, and how may Item Number: 1.

5 that change affect both the substantial evidence analysis for a revised project and the continuing validity of the original Statement of Overriding Considerations?

1. Change in Operational Characteristics: Cannabis cultivation facilities and logistics warehouses have very different operational profiles. Indoor cultivation projects typically involve controlled indoor environments with limited truck activity, stable employment levels, and relatively predictable operational patterns. Environmental issues commonly associated with cultivation facilities include electricity demand, lighting, water use, and odor control. In contrast, logistics warehouse operations typically generate substantially higher levels of:
a. Heavy truck traffic and goods movement activity;
b. Diesel emissions associated with truck trips and yard equipment; c. Regional freight vehicle miles traveled; and
d. Loading dock operations and distribution activity, including noise and lighting.

Because these operational characteristics differ significantly, replacing a large cultivation facility with a logistics operation may introduce new environmental impact pathways, particularly related to transportation, air quality, and noise. Under CEQA Guidelines §15162, the lead agency must determine whether these operational differences constitute substantial changes that could require additional environmental review rather than reliance on an addendum.

2. Substantial Evidence Considerations for the Revised Project: Under the framework established in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2016), courts defer to the agency’s determination regarding whether a revised project requires further CEQA review. However, that determination must still be supported by substantial evidence in the administrative record.

In this situation, the record would need to demonstrate that replacing a large cannabis cultivation facility with logistics operations does not introduce new significant impacts, or a substantial increase in the severity of previously identified impacts.

Because warehouse logistics uses often generate substantially more truck trips and diesel emissions than cultivation facilities, agencies typically must provide technical evidence—such as traffic modeling or air quality analysis— demonstrating that the revised operational profile remains within the scope of the impacts analyzed in the original Environmental Impact Report. If the administrative record lacks such analysis, the agency’s reliance on an addendum could be vulnerable to challenge on substantial evidence grounds.

3. Implications for the Original Statement of Overriding Considerations: The change in land use may also affect the evidentiary basis for the original Statement of Overriding Considerations adopted under CEQA Guidelines §15093.

The earlier findings likely relied on a diversified economic development program, including mixed commercial uses, hospitality or tourism components, and the specialized economic activity associated with cannabis cultivation and retail operations. These uses typically support economic justifications such as:
a. Specialized cannabis cultivation employment, or;
Item Number: 1.

6 b. Tax revenues associated with regulated cannabis operations, or c. Economic diversification within the development program.

Replacing a major cannabis cultivation component with logistics warehousing alters the economic structure of the project. Warehouse development may produce different types of employment, different fiscal impacts, and different regional economic benefits than those associated with cultivation and dispensary operations.

In summary, replacing a large cannabis cultivation facility with logistics warehouse operations changes both the operational characteristics and the economic rationale associated with the project. Because CEQA requires that Statements of Overriding Considerations be supported by substantial evidence tied to the project actually being approved, the agency must ensure that the benefits relied upon in the findings still apply to the revised project. If the economic justification in the original SOC findings relied heavily on cannabis-related economic activity or diversified mixed-use development, those findings may require reevaluation.

Thank you for consideration of my comments.

With regard,
Judy Deertrack
Deertrack Consulting, LLC
Palm Springs, CA
760 325 4290
ATTACHMENTS:

EXHIBIT H – Statement of Overriding Consideration – 2018 DLVSP EXHIBIT J – 2018 DLVSP Land Use Table – Diversification between Commercial / Industrial Item Number: 1.

Desert Land Ventures Mixed Use Development –
Specific Plan 01-16; General Plan Amendment 01-16; Zone Map/ Zone Text Amendment 01-16; Vesting Tentative Tract Map 37185, Development Agreement 01-18 City of Desert Hot Springs

STATEMENT OF OVERRIDING CONSIDERATIONS
The City Council hereby declares that, pursuant to the State CEQA Guidelines section 15093, the City Council has balanced the benefits of the Desert Land Ventures Project (GPA 01- 16, SP 01-16, ZMA/ZTA 01-16, VTTM 37185) against any unavoidable environmental impacts in determining whether to approve the Project. Pursuant to the State CEQA Guidelines, if the benefits of the proposed Project outweigh the proposed Project’s unavoidable adverse environmental impacts, those impacts may be considered “acceptable.” Having reduced the adverse significant environmental effect of the Project to the extent feasible by adopting the Mitigation Measures contained in the DEIR, the MMRP, and this Resolution, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impact after mitigation, the City Council has determined that each of the following social, economic and environmental benefits of the Project separately and individually outweigh the potential unavoidable adverse impact and render those potential adverse environmental impacts acceptable based upon the following overriding considerations:

1. Increased Tax Revenue: The first overriding consideration is that this project will receive on-going revenue from marijuana related business taxes. Based on maximum allowed cultivation and processing space of 1,154,068 square feet, total marijuana tax revenue is estimated to be $11,585,680 annually, which will help to stabilize the city and provide funds to improve public safety, unfractured, new facilities, renovation of aging facilities, and parks, street lights, etc.

2. Employment: The second overriding consideration is that the project creates additional employment-generating opportunities for the City of Desert Hot Springs and surrounding communities;

3. Increased Customer Base: The third overriding consideration is that the Project would contribute to the I-10 Community Annexation completed in 2010 to provide opportunity for the City to increase its sales-tax base and reduce sales-tax leakage through development of additional retail uses, and to expand its job base through additional commercial and industrial development;

4. Economic Viability: The fourth overriding consideration is the project provides for development that improves and maximizes economic viability within the City by the orderly transition of underutilized land into productive industrial and commercial uses;

5. Dedication of Open Space / CVMSHCP: The fifth overriding consideration is that the Project and the Desert Land Ventures Specific Plan development provides for a significant dedication of permanent open space.

Exhibit H
Adopted SOC to 2018 DLVSP / DHS City Council Hearing / April 21, 2026 For Inclusion in: Addendum to Comment Letter
Submitted by: Judy Deertrack / April 11, 2026
Statement of Overriding Consideration - DLVSP - Adopted 2018 Item Number: 1.

Desert Land Ventures Mixed Use Development –
Specific Plan 01-16; General Plan Amendment 01-16; Zone Map/ Zone Text Amendment 01-16; Vesting Tentative Tract Map 37185, Development Agreement 01-18

6. Freeway Visibility: The sixth overriding consideration is that the project will result in development along the I-10 Freeway which would encourage new economic opportunities that occur due to direct visibility from and convenient access to the I-10 Freeway.

7. Renewable Energy: The seventh overriding consideration is the project will bring more renewable energy to the City by providing solar fields and wind energy conservation systems.

8. Public Improvements: The eighth overriding consideration is that the project and Desert Land Ventures Specific Plan development will provide desirable public improvements necessary infrastructure through the site and adjacent areas.

9. Traffic Mitigation: The ninth overriding consideration is that the Project would provide traffic mitigation measures to address project specific and cumulative circulation impacts, thereby contributing to improvements at critical intersections and roads.

The City Council hereby declares that the foregoing benefits provided to the public through the approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project that cannot be mitigated. The City Council finds that each of the Project benefits separately and individually outweighs the unavoidable adverse environmental effects identified in the Environment Impact Report and therefore finds those impacts to be acceptable.

Item Number: 1.

DHS Desert Land Ventures (Original Project)
CC Staff Report / April 2018
MU Industrial Project Total SF - 1.5M
MU Commercial Project Total SF - 3.6K
Footnote 3 - Max 1.5M sf Marijuana Cultivation (Indoor)** EXHIBIT J / ADDENDUM TO COMMENTS / J.DEERTRACK
Item Number: 1.

SR-26-095
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 21, 2026
Department: Public Works
Prepared by: Judith Duenas, Administrative Assistant
Subject: Adoption of the City of Desert Hot Springs Active Transportation Plan RECOMMENDATION:

Adopt the City of Desert Hot Springs Active Transportation Plan.

BACKGROUND:

On March 8, 2023, the City applied for the Sustainable Transportation Planning Grant funds for the completion of the Active Transportation Safety and Connectivity Plan. This project seeks to address connectivity challenges within its disadvantaged community to schools, parks, transit centers and stops, and commercial centers, while improving comfort and safety for active transportation users.

On September 17, 2024, City Council approved the Award for Professional Services Agreement to CR Associates for Public Outreach and Urban Planning Services for the Active Transportation Safety and Connectivity Plan.

DISCUSSION:

CR Associates has now completed the Desert Hot Springs Active Transportation Plan, formerly the Active Transportation Safety and Connectivity Plan.

The Desert Hot Springs Active Transportation Plan (ATP) serves as a roadmap to improve walking and bicycling throughout the city. The ATP provides an evaluation of existing infrastructure, safety considerations, demographic data, and community needs to identify opportunities to make travel by foot and by bike safer, more comfortable, and more convenient for people of all ages and abilities.

Various engagement activities were developed where community members and representatives from local agencies participated throughout the entirety of the planning process.

Implementation of the ATP will serve to aid the city in providing:
 Safer street designs
 Access to a greater range of alternative mobility choices  Establishment of a more sustainable, resilient, and equitable community  Improvements to mobility and connectivity
 Reductions in greenhouse gas emissions
Item Number: 2.

SR-26-095
 Improvements to air quality and public health and safety The Desert Hot Springs Active Transportation Plan is now complete and finalized, and ready for adoption.

FISCAL IMPACT:

None.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

Goal 10: Street/Road Infrastructure
Intense focus on fiscal and operational needs to ensure the city can meet the growing demands of the community by maintaining existing street/road infrastructure while planning for long-term growth and development.

ATTACHMENTS:

Desert Hot Springs - Active Transportation Plan
Appendix A - Existing Conditions Report
Appendix B - Community Engagement Summaries
Appendix C - Pedestrian Route Type Framework
Appendix D - Bicycle Network Development and Implementation Approaches Appendix E - School, School Bus, and SunLine Transit Travelsheds Appendix F - Cost Estimates
Appendix G - Funding Sources
Item Number: 2.

ACTIVE TRANSPORTATION PLAN

CITY OF DESERT HOT SPRINGS
APRIL 2026
Item Number: 2.

AB Assembly Bill
ACS American Community Survey
ADA Americans with Disabilities Act
ADT Average Daily Traffic
ATP Active Transportation Plan
AYSO American Youth Soccer Organization
Caltrans California Department of Transportation
CA MUTCD California Manual on Uniform Traffic Control Devices CIP Capital Improvement Program
CVAG Coachella Valley Association of Governments
CVC California Vehicle Code
DHS Desert Hot Springs
DIB Design Information Bulletin
DWS Detectable Warning Surfaces
EQI Equity Index
GHG Greenhouse Gas Emissions
HAWK High Intensity Activated Crosswalk Beacon
HDM Highway Design Manual
HPI Healthy Places Index
I-10 Interstate 10
LEHD Longitudinal Employer-Household Dynamics
LPI Leading Pedestrian Interval
LTS Level of Traffic Stress
MPO Metropolitan Planning Organization
NACTO National Association of City Transportation Officials OTS Office of Traffic Safety
PES Pedestrian Environmental Score
PSUSD Palm Springs Unified School District
RRFB Rectangular Rapid Flashing Beacons
RTOR Right Turn on Red
SB Senate Bill
SCS Sustainable Communities Strategy
SR-62 State Route 62
SRTS Safe Routes to School
SWG Stakeholder Working Group
SWITRS Statewide Integrated Traffic Records System
VMT Vehicle Miles Traveled

ACRONYMS
Item Number: 2.

03 NEEDS 43

3.1 Network Connectivity 44

3.2 Demand 53

3.3 Safety 61

3.4 Network Quality 67

3.5 Summary of Needs & Opportunities 75
04 RECOMMENDATIONS 77

4.1 Goals and Policies 79

4.2 Pedestrian Route Types 87

4.3 Bicycle Network 90

4.4 Intersection & Access Improvements 92

4.5 Supporting Programs 107
05 PRIORITIZATION & IMPLEMENTATION 111

5.1 Prioritization Process 113

5.2 Prioritization Results 121

5.3 Priority Project Sheets 121

5.4 Facility Design Resources 145

5.5 Funding Opportunities 145

5.6 Maintenance Considerations 147

5.1 Monitoring 148
EXECUTIVE SUMMARY 1
01 INTRODUCTION 15

1.1 What is an Active Transportation Plan? 16

1.2 Background and Legislative Context 17

1.3  Benefits of Active Transportation 19

1.4 Plan Development Process 21

1.5 Community and Stakeholder Engagement 22

1.6 Plan Organization 26
02 COMMUNITY PROFILE 27

2.1 Overview 28

2.2 Population Characteristics 32

2.3 Equity Considerations 36

2.4 Commute Characteristics 40

TABLE OF CONTENTS
Item Number: 2.

LIST OF FIGURES
Figure 1.1 Benefits of Bicycling and Walking 20
Figure 1.2 Desert Hot Springs Active Transportation Plan Development Process 21
Figure 1.3 Community Identified Priorities 25
Figure 2.1 Geographical Setting and Topography 29
Figure 2.2 Land Use Designations 30
Figure 2.3 Key Destinations for Active Transportation 31 Figure 2.4 Population Density 33
Figure 2.5 Desert Hot Springs Demographics by Age and Sex 34 Figure 2.6 Zero-Vehicle Households 35
Figure 2.7 Healthy Places Index v3.0 37
Figure 2.8 Caltrans Equity Index (EQI) 39
Figure 2.9 Employment Density 41
Figure 2.10 Where Desert Hot Springs Residents Work 42
Figure 3.1 Existing Road Network and Posted Speed Limits 45 Figure 3.2 Sidewalk Inventory 47
Figure 3.3 Bicycle Facility Design Classification 48
Figure 3.4 Existing Bicycle Facilities 50
Figure 3.5 Existing Public Transit Routes 52
Figure 3.6 Active Transportation Propensity Model 54
Figure 3.7 Pedestrian Activity (Replica) 56
Figure 3.8 Pedestrian Activity (Strava) 57
Figure 3.9 Bicycle Activity (Replica) 58
Figure 3.10 Bicycle Activity (Strava) 59
Figure 3.11 Average Daily Boardings + Alighting by Stop 60 Figure 3.12 Pedestrian Collisions by Frequency 63
Figure 3.13 Bicycle Collisions by Frequency 65
Figure 3.14 Bicycle and Pedestrian Collisions with 500’ of a Transit Stop 66 Figure 3.15 Pedestrian Environment Score (PES) 68
Figure 3.16Bicycle Level of Traffic Stress 71
Figure 3.17 Pedestrian Connectivity Ratio from Transit Stops 73 Figure 3.18 Bicycle Connectivity Ratio from Transit Stops 74 Figure 4.1 Pedestrian Route Type Network 89
Figure 4.2 Proposed Bicycle Network 91
Figure 4.3 Planned Pedestrian Route Types and Quartermile Travelshed from School and School Bus Stops 102 Figure 4.4 Planned Bicycle Network and Quarter-mile
Travelshed from School and School Bus Stops 103
Figure 4.5 Planned Pedestrian Route Types and Quartermile Travelshed from Transit Stop 105 Figure 4.6 Planned Bicycle Network and Quarter-mile
Travelshed from Transit Stops 106
Figure 5.1 Community Ranking of Prioritization Inputs 114 Figure 5.2 Prioritization Project Segments 119
Figure 5.3Sidewalk Infill Project Areas 120
Figure 5.4 Prioritization Results – Segments 122
Figure 5.5Prioritization Results – Sidewalk Infill Areas 124 Item Number: 2.

LIST OF TABLES LIST OF APPENDICES
Table 2.1Zero Vehicle Availability by Household 34
Table 2.2Commute Mode Share 40
Table 3.1The Four Types of Cyclists 49
Table 3.2   Existing Facility Mileage by Classification 51 Table 3.3OTS Pedestrian Ranking Comparison (2022) 62
Table 3.4OTS Bicycle Ranking Comparison (2022) 64
Table 3.5   Level of Traffic Stress Classifications and Descriptions 70 Table 4.1Planned Bicycle Facility Miles 90
Table 4.2Community Input on Supporting Program Topics 108 Table 5.1Proposed Prioritization Inputs and Point Values 115 Table 5.2Planned Bicycle Facility & Pedestrian Route Types within the Top 10 Prioritized Segments 123
Table 5.3Performance Measures to Monitor 149
Appendix AExisting Conditions Report
Appendix BCommunity Engagement Summaries
Appendix CPedestrian Route Type Framework
Appendix DBicycle Network Development and
Implementation Approaches
Appendix ESchool, School Bus, and SunLine Transit Travelsheds Appendix FCost Estimates
Appendix G Funding Sources
Item Number: 2.

Executive Summary
1 Desert Hot Springs Item Number: 2. Page 2122 of 2902

WHAT IS THE ACTIVE
TRANSPORTATION PLAN?
The Desert Hot Springs Active Transportation Plan (ATP) serves as a roadmap to improve walking and bicycling throughout the city.

The ATP provides an evaluation of existing infrastructure, safety considerations, demographic data, and community needs to identify opportunities to make travel by foot and by bike safer, more comfortable, and more convenient for people of all ages and abilities.

The ATP establishes a framework of goals focused on connectivity, accessibility, safety, and sustainability, supported by policies to help guide implementation. The intent is to improve bicycle and pedestrian connectivity and mobility while increasing access to schools, parks, retail and commercial centers, and transit throughout Desert Hot Springs.

The ATP includes pedestrian and bicycle infrastructure
recommendations and supporting programs based on community input and an evaluation of existing infrastructure and safety conditions. The ATP does not commit any financial resources to the recommendations but rather lays the foundation for future improvements should funding sources be identified.

Active Transportation Plan 2
Item Number: 2.

HOW THIS PLAN WILL BE USED
The Desert Hot Springs ATP provides the City with a framework for improving the pedestrian and bicycle environments during street resurfacing, restriping, or while implementing other Capital Improvement Program (CIP) projects. This document unifies the goals, policies, and recommendations with local and regional and guidance and state legislative direction.

The ATP documents the current and anticipated active
transportation needs of Desert Hot Springs residents, employees, and visitors, and identifies improvements to address deficiencies.

The recommendations are supported by a prioritization process and implementation strategies, including project sheets comprised of conceptual graphics, narratives and cost estimates for the highest priority projects. The information in the ATP may be used to prepare applications for competitive grant funding sources, such as the State of California Active Transportation Program.

The data presented in the ATP is a snapshot in time of current conditions and may be used to track and measure changes over time, such as shifts in collision history and changes in network quality and access resulting from infrastructure improvements. The ATP identifiesa series of performance measures and data sources to continue monitoring in the coming years to better understand responses to investments.
3 Desert Hot Springs Item Number: 2. Page 2124 of 2902

PLAN DEVELOPMENT PROCESS
The ATP was developed through a collaborative process that integrated research and data collection, technical analysis, and community engagement. City staff expertise and on-the-ground experience played a critical role throughout the process and helped guide key decisions. Figure ES.1 highlights key phases of the plan development process.

Plan development included assembling and analyzing existing conditions data, identifying mobility needs and opportunities, and developing goals and project recommendations informed by previous City plans and policies including the 2020 General Plan Mobility and Infrastructure Element and 2016 Bicycle and Pedestrian Master Plan. Draft recommendations were refined based on feedback from residents, stakeholders, and City staff. The final recommendations reflect the outcomes of this collaborative process.

ES.1Plan Development Process
► Infrastructure
► Demographics
► Travel Data
► Accessibility/Connectivity
► Demand
► Safety

RESEARCH & DATA COLLECTION

EXISTING CONDITIONS

IMPLEMENTATION

ACTIVE TRANSPORTATION PLAN
► Land Uses
► Local and Regional
Plans/Studies
► Environment/Quality
► Transit Connections
► Pedestrian Infrastructure
► Intersection & Access
Improvements
► Project Sheets
► Funding Sources
► Maintenance
Considerations
► City Council Adoption
► Goals & Policies
► Bicycle Facilities
► Supporting Programs
► Prioritization
► Conceptual Design
► Costing
► Draft Plan

COMMUNITY ENGAGEMENT

RECOMMENDATIONS
Active Transportation Plan 4
Item Number: 2.

EXISTING ACTIVE TRANSPORTATION NEEDS AND OPPORTUNITIES
The existing bicycle and pedestrian facilities and roadway network forms the foundation for how people travel by bike or foot in Desert Hot Springs today. Figure ES.2 displays the standard bicycle facility classifications recognized by Caltrans, including Class I bike paths, Class II bicycle lanes, Class III bicycle routes, and Class IV cycle tracks. Figure ES.3 displays the existing sidewalk network, and Figure ES.4 displays the existing bicycle facilities at the time of this ATP preparation. The current pedestrian network includes approximately 58 miles of existing sidewalks and 123 miles where sidewalks are missing along public roadways. The current bicycle network has approximately 16.6 miles of bicycle facilities, consisting of Class II bike lanes and Class III routes.

The existing conditions evaluation and community engagement activities helped build an understanding of needs and
opportunities for active transportation in Desert Hot Springs, within findings related to network conditions, potential demand, safety considerations, and the overall quality of the active transportation experience. Some of the key findings and major themes include:
► Retrofit existing roadways with context appropriate active transportation enhancements. Many roadways lack continuous sidewalks, accessible curb ramps, dedicated bicycle facilities, and marked crosswalks, while some existing facilities are not well suited to their roadway environments.
► Leverage undeveloped areas as opportunities and build upon adopted planning efforts. Most land in Desert Hot Springs remains undeveloped. The City’s General Plan (2020) provides a framework for future growth and transportation improvements.

These undeveloped areas present opportunities to plan for safe, comfortable, and well-connected active transportation facilities. ► Enhance bus stop access. Desert Hot Springs has a relatively high share of residents without access to a personal vehicle and a strong reliance on public transit. Improving infrastructure around bus stops will help community members safely access bus stops and may encourage more public transit use.
► Improve connections to regional facilities, adjacent jurisdictions, and destinations. Desert Hot Springs has opportunities to strengthen connections to regional transportation and
recreation networks, including the CV Link, Dillon Road regional trail corridor, and nearby hiking trail systems. Improving access to these facilities will expand travel and recreation options for residents and visitors.
► Address leading collision locations and causes. Recent data indicates that many pedestrian and bicycle collisions in Desert Hot Springs occur along major corridors where wide roadways, high speeds, and limited crossing infrastructure increase safety risks. Focusing improvements in these areas can help reduce the likelihood and severity of crashes. Complementary education and enforcement efforts can also address common crash
causes and support safer conditions for all road users. 5 Desert Hot Springs Item Number: 2. Page 2126 of 2902
Also referred to as a multi-use
path or shared-use path, Class
I facilities provide a completely
separated right-of-way designed
for the exclusive use of bicycles
and pedestrians with crossflows
by motorists minimized. Some
bike paths, such as the CV Link,
also accommodate golf carts or
Neighborhood Electric Vehicles
(NEVs). Bike paths can provide
connections where roadways are
non-existent or unable to support
bicycle travel. The minimum
paved width for a two-way
bike path is eight-feet (ten-feet
preferred), with a two-foot-wide
graded areas adjacent to each
side of the pavement.

Bike routes provide shared use
of traffic lanes with cyclists and
motor vehicles, identified by
signage and/or street markings
such as “sharrows”. Sharrows can
also be used to identify preferred
lateral roadway positioning for
bicyclists, especially when onstreet parking is present. Bike routes are best suited for lowspeed, low-volume roadways.

As of 2025, new bike routes are
limited to roadways with a posted
speed limit of less than 35 miles per
hour. Bike routes provide network
continuity or designate preferred
routes through corridors with high
demand.

Bike lanes provide a striped lane
designated for the exclusive or
semi-exclusive use of bicycles
with through-travel by motor
vehicles or pedestrians prohibited.

Bike lanes are one-way facilities
located on either side of a
roadway. Pedestrian and
motorist crossflows are permitted.

Additional enhancements such
as painted buffers, green paint,
and signage may be applied. The
minimum bike lane width is fivefeet when adjacent to on-street parking, or six-feet when posted
speeds are greater than 40 miles
per hour.

Also referred to as a separated
bikeway, cycle tracks provide
a right-of-way designated
exclusively for bicycle travel
within the roadway and physically
protected from vehicular traffic.

Cycle tracks can provide oneway or two-way travel. Types of separation include, but are not
limited to, grade separation,
flexible posts, or on-street parking.

CLASS I - BIKE PATH CLASS II - BIKE LANE CLASS III - BIKE ROUTE CLASS IV - CYCLE TRACK ES.2Caltrans Bicycle Facility Design Classifications
Active Transportation Plan 6
Item Number: 2.

7 Desert Hot Springs
ES.3Sidewalk Inventory
Source: Google Maps, NearMap, CR Associates (2025)
Item Number: 2.

Active Transportation Plan 8
ES.4Existing Bicycle Facilities
Source: City of Desert Hot Springs, CR Associates (2025) Item Number: 2.

RECOMMENDATIONS
Recommendation development was based on findings from
the existing conditions assessment, community and stakeholder input, previous plans, and a review of best practices and industry standards.

Recommendations are organized within the following framework:
► Goals and Policies provide the foundation for the Active Transportation Plan recommendations, identifying the long-term outcome the plan seeks to achieve and the steps the City will take to get there.
► The Pedestrian Route Type Network characterizes key corridors to focus pedestrian improvements, based on the desired
environment and connections to destinations.
► The Bicycle Network identifies a series of connected bicycle facilities to strengthen local and regional bicycle mobility. ► Intersection & Access Improvements provide infrastructure, signage, and pavement marking strategies to enhance the pedestrian and bicyclist environment at intersections, along corridors, and near schools and transit stops.
► Supporting Programs highlight education, encouragement, and outreach initiatives the City may consider pursuing to promote walking and bicycling and improve the user experience.

Goals provide a long-term vision of the ATP. They are broad statements of desired outcomes that define the direction of active transportation for the city and provide context for more specific policies and recommendations discussed in the ATP. Based on stakeholders and community engagement, the following four goals have been identified for the ATP:

Goal 1. Integrated & Connected. A multimodal mobility system that seamlessly integrates active transportation users with convenient connections to schools, parks and recreational spaces, transit, commercial areas, and other community resources.

Goal 2. Inclusive & Accessible. Facilities that are comfortable, accessible, and ADA-compliant for active transportation users of all ages and abilities.

Goal 3. Safe. Infrastructure and behaviors that support safe travel via walking, bicycling and other forms of active transportation.

Goal 4. Viable & Sustainable. Active transportation is a viable and sustainable travel option, supported by innovative and context appropriate facilities, technologies, and programs.

Figure ES.5 displays the proposed pedestrian route type network, while images and characteristics of each route type are presented below, consisting of District, Corridor, Connector, Neighborhood, and Ancillary route types. Figure ES.6 displays the proposed bicycle network, including Class I bike paths, Class II bike lanes, Class III bike routes, and Class IV cycle tracks.
9 Desert Hot Springs Item Number: 2. Page 2130 of 2902
ES.5
Pedestrian Route Type Network
Source: CR Associates (2025)
0 ²
1 Mile
Dillon Rd
§¨¦10
·}62
·}111
Palm Springs
Cathedral
City
Unincorporated
Riverside County
Unincorporated
Riverside County
Indian Canyon Dr
Pierson Bl
Palm Dr
Hacienda Av
Mountain View Rd
Long Canyon Rd
Mission Lakes Bl
20th Av
Varner Rd
Worsley Rd
Karen Av
15th Av
Little Morongo Rd
Two Bunch Palms Trail
Pedestrian Route Types
District
Corridor
Connector
Neighborhood
Ancillary
School
Park
Desert Hot Springs
Ironwood Dr
Flora Av
Desert
View Av
4th St
8th St
12th St
Verbena
Dr
Miracle
Hill Rd
West
Dr
Sonora
Dr
Mesquite Av
Cactus
Dr
Active Transportation Plan 10
Item Number: 2.

ES.6
Proposed Bicycle Network
Source: CR Associates (2025)
0 ²
1 Mile
Dillon Rd
§¨¦10
·}62
·}111
Palm Springs
Cathedral
City
Unincorporated
Riverside County
Unincorporated
Riverside County
Indian Canyon Dr
Pierson Bl
Palm Dr
Hacienda Av
Mountain View Rd
Long Canyon Rd
Mission Lakes Bl
20th Av
Varner Rd
Worsley Rd
Karen Av
15th Av
Little Morongo Rd
Two Bunch Palms Trail
Bicycle Facilities
Class I - Bike Path
Class II - Bike Lane
Class II - Buffered Bike Lane
Class III - Bike Route
Class IV - Cycle Track
School
Park
Desert Hot Springs
Ironwood Dr
Flora Av
Desert
View Av
4th St
8th St
12th St
Verbena
Dr
Miracle
Hill Rd
West
Dr
Sonora
Dr
Mesquite Av
Cactus
Dr
11 Desert Hot Springs Item Number: 2. Page 2132 of 2902

PRIORITIZATION & IMPLEMENTATION
A prioritization process was developed to guide implementation of the planned pedestrian and bicycle networks. The process involved separating network recommendations into project segments and conducting a series of technical assessments to identify where improvements may provide the greatest benefits to active transportation users and align with competitive grant funding application scoring criteria.

All roadways with facilities identified in the planned pedestrian and bicycle networks were identified and separated into segments, generally using intersecting Mobility Element roadways to define limits. This approach resulted in 116 segments, each approximately one-half mile to one mile in length.

The prioritization results, depicted in Figure ES.7, represent a snapshot in time, reflecting the most current data available during the development of this ATP. While the prioritization results are intended to help guide which projects to implement, the actual determination will also be influenced by several other factors, including, but not limited to, new data (e.g., collisions), available budget, grant schedules and scoring criteria, direction from City Council, and consistency or alignment with other projects.

Project sheets were developed for the ten highest scoring segments, consisting of a brief project narrative, proposed improvements within the segment, plan view image, and crosssection image. Cost estimates were also developed for the highest scoring segments. The information presented in the sheets is intended to serve as inspiration and reference for potential design options when pursuing implementation.

Active Transportation Plan 12
Item Number: 2.

ES.7
Prioritization Results – Segments
Source: CR Associates (2025)
7 1 2
8 3
9 30
33 73
48 4
38 35
37 36
32 39
5 40
75 72
43 6
47 49
115
66 31
42 74
52 10
98 11
83 96
26 18
25 34
53 65
90 116
29 23
91 82
89 28
92 88
63 24
45 44 46
57 13
94 17
15 69
85 56
77 62
27 41
70 59
54 67
81 61
71 99
80 21
100
84 86
51 22
55 12
76 58
95 68
14 50
16 97
110
103
113
109
105
101
106
108
104
102
79 114
111
87 93
107
78 112
²
0 1 Mile
Dillon Rd
§¨¦10
·}62
·}111
Palm Springs
Cathedral
City
Unincorporated
Riverside County
Unincorporated
Riverside County
Indian Canyon Dr
Pierson Bl
Palm Dr
Hacienda Av
Mountain View Rd
Long Canyon Rd
Mission Lakes Bl
20th Av
Varner Rd
Worsley Rd
Karen Av
15th Av
Little Morongo Rd
Two Bunch Palms Trail
Prioritization Results
23 - 27 (Ranks 1-10)
18 - 22 (Ranks 11-22)
13 - 17 (Ranks 22-48)
6 - 12 (Ranks 48-78)
0 - 5 (Ranks 78-110)
Desert Hot Springs
64 Ironwood Dr
Flora Av
Desert
View Av
4th St
8th St
12th St
Verbena
Dr
Miracle
Hill Rd
West
Dr
Sonora
Dr
Mesquite Av
Cactus
Dr
13 Desert Hot Springs Item Number: 2. Page 2134 of 2902 This page intentionally left blank
Item Number: 2.

01 Introduction
15 Desert Hot Springs Item Number: 2. Page 2136 of 2902

1.1 WHAT IS AN ACTIVE TRANSPORTATION PLAN?
The Desert Hot Springs Active Transportation Plan (ATP) serves as a roadmap for improving walking and bicycling conditions throughout the city. The ATP provides an evaluation of existing infrastructure, safety considerations, demographic data, and community needs to identify opportunities to make travel by foot and by bike safer, more comfortable, and more convenient for people of all ages and abilities.

The ATP focuses on improving connectivity and mobility for residents, employees, and visitors throughout the city, with particular attention to disadvantaged communities. Limited infrastructure — such as missing sidewalks, curb ramps, or bicycle facilities — combined with high vehicle speeds create uncomfortable conditions for pedestrians and cyclists. The ATP seeks to increase access to schools, parks, transit stops, and retail and commercial centers, while creating a more comfortable environment and better connected transportation network.

The ATP will also support improved regional connectivity to neighboring communities such as Palm Springs, Cathedral City, the Desert Edge community, and the greater Coachella Valley, who may serve as future project partners during implementation of active transportation projects.

The ATP recommendations include goals and policies, bicycle and pedestrian network recommendations, intersection and access enhancements, and supporting programs intended to improve the walking and bicycling experience in Desert Hot Springs. The ATP address key connectivity and safety challenges while establishing a prioritized list of bicycle and pedestrian improvements.

The ATP does not commit any financial resources to the
recommendations but rather lays the foundation to guide the pursuit of funding sources and implement improvements citywide.

A collection of potential grant funding sources are documented as options for the City to consider, as well as additional guidance related to facility design, maintenance, and monitoring.

Active Transportation Plan 16
Item Number: 2.

1.2 BACKGROUND AND LEGISLATIVE CONTEXT
The ATP updates the City’s 2016 Bicycle and Pedestrian Master Plan, building on that effort as well as the 2008 Safe Routes to School Plan while responding to evolving community needs related to safety and connectivity. The update reflects Desert Hot Springs’ continued population and employment growth, land and infrastructure development, changes in travel patterns, and aligns recommendations with current legislation, planning practices, and design guidelines.

Enhancing conditions for walking and bicycling also supports the City’s General Plan Update, particularly land use strategies that emphasize the need for shortened travel distances, expanded transportation options, reduced reliance on driving, and advances regional and statewide climate goals.

Alongside locally identified needs, statewide planning efforts and legislation shape the City’s approach to active transportation.

Several key legislative actions have redefined the way community transportation planning is carried out. State legislation emphasizes developing a more balanced, multimodal transportation system that increases travel mode options for all users, with a focus on expanding options that encourage active transportation and public transportation.

The City of Desert Hot Springs was
successful in obtaining a Caltrans
Sustainable Communities Grant to
fund development of this plan.
▼ A bicyclist crossing the street at the
Palm Dr and Pierson Blvd intersection
17 Desert Hot Springs Item Number: 2. Page 2138 of 2902

1.2.1 State Legislation and Policies
State legislation and policies govern a wide range of topics that affect and inform the development of Desert Hot Springs’ active transportation network.

Assembly Bill (AB) 32 – Global Warming Solutions Act (Updated in 2016): Established California’s pursuit of a low-carbon, sustainable future. The legislation initially required California’s greenhouse gas emissions (GHG) reductions to 1990 levels by 2020 and was later expanded to require a 40 percent reduction below 1990 levels by 2030. More recently, AB 1279: The California Climate Crisis Act (2022) established a target to reduce GHG to 85 percent below 1990 levels by 2045.

SB 375 – Sustainable Communities and Climate Protection Act (2008): Requires California Metropolitan Planning Organization (MPOs) to formulate a “sustainable communities strategy” (SCS) as part of their regional transportation plans. These strategies identify how regions will achieve targeted reductions in GHG from automobiles and light trucks through coordinated land use and transportation planning.

AB 1358 – Complete Streets Act (2011): Requires the legislative body of a city or a county to plan for a balanced, multimodal transportation network that meets the needs of all roadway users. AB 1358 requires cities and counties to plan for motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and users of public transportation, in a manner that is suitable to the rural, suburban, or urban context of the general plan.

California Active Transportation Program (California ATP) (2013):

Established through SB 99 and AB 101, the California ATP provides competitive statewide funding to support projects and programs that encourage walking and biking. Funds from this program are awarded through statewide grant cycle periods led by the California Department of Transportation (Caltrans).

Design Information Bulletin (DIB) 94 (2024): Provides contextsensitive guidance for recommended bicycle facilities based on Average Daily Traffic (ADT) and posted speed limit.

SB 1216 Limits on Class III Bikeways (2024): Prohibits use of Class III bikeways on roads over 30 mph, with limited exceptions near intersections for the purpose of connecting a Class I, Class II, or Class IV bikeway through the intersection; restricts state funding for such uses.

DIB 89-02 (2022): Provides flexible statewide design guidance and criteria for separated bikeways aligned with the Caltrans Highway Design Manual and CAMUTCD.

AB 43 Traffic Safety (2021): Grants local agencies expanded authority to reduce speed limits in high-injury or high-activity areas limits to make streets safer for people who walk and ride a bicycle.

It further establishes a prima facie speed limit of 25 miles per hour on state highways located in any business or residence district.

Active Transportation Plan 18
Item Number: 2.