of Woodland (2014) 225 Cal. App. 4th 173, 191 (finding that any party who has objected to the Project’s environmental documentation may assert any issue timely raised by other parties).
Moreover, Commenter requests that the Lead Agency provide notice for any and all notices referring or related to the Project issued under the California Environmental Quality Act (“CEQA”), Cal Public Resources Code (“PRC”) § 21000 et seq, and the California Planning and Zoning Law (“Planning and Zoning Law”), Cal. Gov’t Code §§ 65000–65010. California Public Resources Code Sections 21092.2, and 21167(f) and Government Code Section 65092 require agencies to mail such notices to any person who has filed a written request for them with the clerk of the agency’s governing body.
The City should require the use of a local skilled and trained workforce to benefit the community’s economic development and environment. The City should require the use of workers who have graduated from a Joint Labor Management apprenticeship training program approved by the State of California, or have at least as many hours of on-the-job experience in the applicable craft which would be required to graduate from such a state approved apprenticeship training program or who are registered apprentices in an apprenticeship training program approved by the State of California.
Community benefits such as local hire and skilled and trained workforce requirements can also be helpful to reduce environmental impacts and improve the positive economic impact of the Project. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of the Project Site can reduce the length of vendor trips, reduce greenhouse gas emissions and providing localized economic benefits. As environmental consultants Matt Hagemann and Paul E. Rosenfeld note:
[A]ny local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site.
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March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling.
Skilled and trained workforce requirements promote the development of skilled trades that yield sustainable economic development. As the California Workforce Development Board and the UC Berkeley Center for Labor Research and Education concluded:
. . . labor should be considered an investment rather than a cost – and investments in growing, diversifying, and upskilling California’s workforce can positively affect returns on climate mitigation efforts. In other words, well trained workers are key to delivering emissions reductions and moving California closer to its climate targets.1
Local skilled and trained workforce requirements and policies have significant environmental benefits since they improve an area’s jobs-housing balance, decreasing the amount of and length of job commutes and their associated greenhouse gas emissions. Recently, on May 7, 2021, the South Coast Air Quality Management District found that that the “[u]se of a local state-certified apprenticeship program or a skilled and trained workforce with a local hire component” can result in air pollutant reductions.2
Cities are increasingly adopting local skilled and trained workforce policies and requirements into general plans and municipal codes. For example, the City of Hayward 2040 General Plan requires the City to “promote local hiring . . . to help achieve a more positive jobs-housing balance, and reduce regional commuting, gas consumption, and greenhouse gas emissions.”3
1 California Workforce Development Board (2020) Putting California on the High Road: A Jobs and Climate Action Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/ wp-content/uploads/2020/09/Putting-California-on-the-High-Road.pdf 2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental Assessment and Adopt Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule 316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve Supporting Budget Actions, available at http://www.aqmd.gov/docs/defaultsource/Agendas/Governing-Board/2021/2021-May7-027.pdf?sfvrsn=10 3 City of Hayward (2014) Hayward 2040 General Plan Policy Document at p. 3-99, available at https://www.hayward-ca.gov/sites/default/files/documents/General_Plan_FINAL.pdf.
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In fact, the City of Hayward has gone as far as to adopt a Skilled Labor Force policy into its Downtown Specific Plan and municipal code, requiring developments in its Downtown area to requiring that the City “[c]ontribute to the stabilization of regional construction markets by spurring applicants of housing and nonresidential developments to require contractors to utilize apprentices from state-approved, joint labor-management training programs, . . .”4 In addition, the City of Hayward requires all projects 30,000 square feet or larger to “utilize apprentices from state-approved, joint labor-management training programs.”5
Locating jobs closer to residential areas can have significant environmental benefits. As the California Planning Roundtable noted in 2008:
People who live and work in the same jurisdiction would be more likely to take transit, walk, or bicycle to work than residents of less balanced communities and their vehicle trips would be shorter. Benefits would include potential reductions in both vehicle miles traveled and vehicle hours traveled.6
In addition, local hire mandates as well as skill training are critical facets of a strategy to reduce vehicle miles traveled. As planning experts Robert Cervero and Michael Duncan noted, simply placing jobs near housing stock is insufficient to achieve VMT reductions since the skill requirements of available local jobs must be matched to those held by local residents.7 Some municipalities have tied local hire and skilled and trained workforce policies to local development permits to address transportation issues. As Cervero and Duncan note:
In nearly built-out Berkeley, CA, the approach to balancing jobs and housing is to create local jobs rather than to develop new housing.” The city’s First Source program encourages businesses to hire local residents, 4 City of Hayward (2019) Hayward Downtown Specific Plan at p. 5-24, available at https://www.hayward-ca.gov/sites/default/files/Hayward%20Downtown% 20Specific%20Plan.pdf. 5 City of Hayward Municipal Code, Chapter 10, § 28.5.3.020(C). 6 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6, available at https://cproundtable.org/static/media/uploads/publications/cpr-jobshousing.pdf 7 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: JobsHousing Balance or Retail-Housing Mixing? Journal of the American Planning Association 72 (4), 475-490, 482, available at http://reconnectingamerica.org/assets/Uploads/UTCT825.pdf.
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especially for entry- and intermediate-level jobs, and sponsors vocational training to ensure residents are employment-ready. While the program is voluntary, some 300 businesses have used it to date, placing more than 3,000 city residents in local jobs since it was launched in 1986. When needed, these carrots are matched by sticks, since the city is not shy about negotiating corporate participation in First Source as a condition of approval for development permits.
The City should consider utilizing skilled and trained workforce policies and requirements to benefit the local area economically and mitigate greenhouse gas, air quality and transportation impacts.
Sincerely,
______________________
Mitchell M. Tsai
Attorneys for Southwest Regional
Council of Carpenters
Attached:
March 8, 2021 SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling (Exhibit A); Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B); and Air Quality and GHG Expert Matt Hagemann CV (Exhibit C).
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EXHIBIT A
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1 2656 29th Street, Suite 201
Santa Monica, CA 90405
Matt Hagemann, P.G, C.Hg.
(949) 887-9013
[email protected]
Paul E. Rosenfeld, PhD
(310) 795-2335
[email protected]
March 8, 2021
Mitchell M. Tsai
155 South El Molino, Suite 104
Pasadena, CA 91101
Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling Dear Mr. Tsai,
Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report explaining the significance of worker trips required for construction of land use development projects with respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the potential GHG impacts.
Worker Trips and Greenhouse Gas Calculations
The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related emissions associated with land use projects resulting from off-road construction equipment; on-road mobile equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition, truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating activities; and paving.2
The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.3 1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34.
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2 Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”) associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT, including personal vehicles for worker commuting.4
Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip length (see excerpt below):
“VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n Where:
n = Number of land uses being modeled.”5
Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following equation (see excerpt below):
“Emissionspollutant = VMT * EFrunning,pollutant
Where:
Emissionspollutant = emissions from vehicle running for each pollutant VMT = vehicle miles traveled
EFrunning,pollutant = emission factor for running emissions.” 6 Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall trip length, by way of a local hire requirement or otherwise.
Default Worker Trip Parameters and Potential Local Hire Requirements As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.7In order to understand how local hire requirements and associated worker trip length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker trip parameters. CalEEMod provides recommended default values based on site-specific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type. If more specific project information is known, the user can change the default values and input projectspecific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the 4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15. 5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 23. 6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9.
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3 number of pieces of equipment for all phases by 1.25, with the exception of worker trips required for the building construction and architectural coating phases.9Furthermore, the worker trip vehicle class is a 50/25/25 percent mix of light duty autos, light duty truck class 1 and light duty truck class 2, respectively.”10 Finally, the default worker trip length is consistent with the length of the operational home-to-work vehicle trips.11 The operational home-to-work vehicle trip lengths are:
“[B]ased on the location and urbanization selected on the project characteristic screen. These values were supplied by the air districts or use a default average for the state. Each district (or county) also assigns trip lengths for urban and rural settings” (emphasis added). 12 Thus, the default worker trip length is based on the location and urbanization level selected by the User when modeling emissions. The below table shows the CalEEMod default rural and urban worker trip lengths by air basin (see excerpt below and Attachment A).13
Worker Trip Length by Air Basin
Air Basin Rural (miles) Urban (miles)
Great Basin Valleys 16.8 10.8
Lake County 16.8 10.8
Lake Tahoe 16.8 10.8
Mojave Desert 16.8 10.8
Mountain Counties 16.8 10.8
North Central Coast 17.1 12.3
North Coast 16.8 10.8
Northeast Plateau 16.8 10.8
Sacramento Valley 16.8 10.8
Salton Sea 14.6 11
San Diego 16.8 10.8
San Francisco Bay Area 10.8 10.8
San Joaquin Valley 16.8 10.8
South Central Coast 16.8 10.8
South Coast 19.8 14.7
Average 16.47 11.17
Minimum 10.80 10.80
Maximum 19.80 14.70
Range 9.00 3.90
9 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4, p. 34. 10 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 11 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 14. 12 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at:
http://www.aqmd.gov/docs/default-source/caleemod/02_appendix-a2016-3-2.pdf?sfvrsn=6, p. 21. 13 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-84 – D-86.
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4 As demonstrated above, default rural worker trip lengths for air basins in California vary from 10.8- to 19.8- miles, with an average of 16.47 miles. Furthermore, default urban worker trip lengths vary from 10.8- to 14.7- miles, with an average of 11.17 miles. Thus, while default worker trip lengths vary by location, default urban worker trip lengths tend to be shorter in length. Based on these trends evident in the CalEEMod default worker trip lengths, we can reasonably assume that the efficacy of a local hire requirement is especially dependent upon the urbanization of the project site, as well as the project location.
Practical Application of a Local Hire Requirement and Associated Impact To provide an example of the potential impact of a local hire provision on construction-related GHG emissions, we estimated the significance of a local hire provision for the Village South Specific Plan (“Project”) located in the City of Claremont (“City”). The Project proposed to construct 1,000 residential units, 100,000-SF of retail space, 45,000-SF of office space, as well as a 50-room hotel, on the 24-acre site. The Project location is classified as Urban and lies within the Los Angeles-South Coast County. As a result, the Project has a default worker trip length of 14.7 miles.14 In an effort to evaluate the potential for a local hire provision to reduce the Project’s construction-related GHG emissions, we prepared an updated model, reducing all worker trip lengths to 10 miles (see Attachment B). Our analysis estimates that if a local hire provision with a 10-mile radius were to be implemented, the GHG emissions associated with Project construction would decrease by approximately 17% (see table below and Attachment C).
Local Hire Provision Net Change
Without Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,623
Amortized Construction GHG Emissions (MT CO2e/year) 120.77 With Local Hire Provision
Total Construction GHG Emissions (MT CO2e) 3,024
Amortized Construction GHG Emissions (MT CO2e/year) 100.80 % Decrease in Construction-related GHG Emissions 17%
As demonstrated above, by implementing a local hire provision requiring 10 mile worker trip lengths, the Project could reduce potential GHG emissions associated with construction worker trips. More broadly, any local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site.
This serves as an example of the potential impacts of local hire requirements on estimated project-level GHG emissions, though it does not indicate that local hire requirements would result in reduced construction-related GHG emission for all projects. As previously described, the significance of a local hire requirement depends on the worker trip length enforced and the default worker trip length for the project’s urbanization level and location.
14 “Appendix D Default Data Tables.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/defaultsource/caleemod/05_appendix-d2016-3-2.pdf?sfvrsn=4, p. D-85.
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5 Disclaimer
SWAPE has received limited discovery. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties.
Sincerely,
Matt Hagemann, P.G., C.Hg.
Paul E. Rosenfeld, Ph.D.
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EXHIBIT B
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SOIL WATER AIR PROTECTION ENTERPRISE
2656 29th Street, Suite 201
Santa Monica, California 90405
Attn: Paul Rosenfeld, Ph.D.
Mobil: (310) 795-2335
Office: (310) 452-5555
Fax: (310) 452-5550
Email: [email protected]
Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019
Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education
Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration.
M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics.
B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment.
Professional Experience
Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr.
Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities.
Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on more than ten cases involving exposure to air contaminants from industrial sources.
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Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019
Professional History:
Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer
San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist
James River Corp., Washington, 1995-96; Scientist
Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications:
Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342
Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632.
Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing.
Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL.
Procedia Environmental Sciences. 113–125.
Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing.
Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327.
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Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255.
Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530.
Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197.
Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357.
Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344.
Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178.
Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004.
Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199.
Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178.
Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315.
Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008.
Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191.
Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668.
Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367.
Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393.
Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor.
Water Environment Research. 131(1-4), 247-262.
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Paul E. Rosenfeld, Ph.D. Page 4 of 10 June 2019
Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State.
Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2).
Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1).
Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources.
Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California.
Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California.
Presentations:
Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA.
Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water.
Urban Environmental Pollution. Lecture conducted from Boston, MA.
Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA.
Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ.
Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ.
Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia.
Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.
Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA.
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Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA.
Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA.
Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway.
Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts.
Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA.
Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California.
Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California.
Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California.
Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals.
International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference.
Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois.
Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust.
Lecture conducted from Phoenix Arizona.
Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River.
Meeting of tribal representatives. Lecture conducted from Parker, AZ.
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Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners.
Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California.
Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL.
Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona.
Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California.
Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor.
Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain.
Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration.
Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington..
Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland.
Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California.
Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California.
Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.
Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah.
Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington.
Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington.
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Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington.
Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California.
Teaching Experience:
UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants.
National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks.
National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites.
California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design.
UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation.
University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability.
U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10.
Academic Grants Awarded:
California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment.
Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001.
Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University.
Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000.
King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998.
Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997.
James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996.
United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995.
Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993
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Deposition and/or Trial Testimony:
In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant.
Case No.: 2:17-cv-01624-ES-SCM
Rosenfeld Deposition. 6-7-2019
In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant.
Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636
Rosenfeld Deposition, 1-26-2019
In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857
Rosenfeld Deposition, 10-6-2018; Trial 3-7-19
In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case: No 1:16-cv-02531-RBJ
Rosenfeld Deposition, 3-15-2018 and 4-3-2018
In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923
Rosenfeld Deposition, 11-17-2017
In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481
Rosenfeld Deposition, 11-20-2017
In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295
Rosenfeld Deposition, 8-23-2017
In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154)
Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018
In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM
Rosenfeld Deposition: July 2017
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In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5
Rosenfeld Deposition, February 2017
Trial, March 2017
In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115
Rosenfeld Deposition, September 2015
In The Iowa District Court In And For Poweshiek County
Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Iowa District Court For Wapello County
Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants Law No,: LALA105144 - Division A
Rosenfeld Deposition, August 2015
In The Circuit Court of Ohio County, West Virginia
Robert Andrews, et al. v. Antero, et al.
Civil Action N0. 14-C-30000
Rosenfeld Deposition, June 2015
In The Third Judicial District County of Dona Ana, New Mexico Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward DeRuyter, Defendants
Rosenfeld Deposition: July 2015
In The Iowa District Court For Muscatine County
Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980
Rosenfeld Deposition: May 2015
In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant.
Case Number CACE07030358 (26)
Rosenfeld Deposition: December 2014
In the United States District Court Western District of Oklahoma Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City Landfill, et al. Defendants.
Case No. 5:12-cv-01152-C
Rosenfeld Deposition: July 2014
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In the County Court of Dallas County Texas
Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant.
Case Number cc-11-01650-E
Rosenfeld Deposition: March and September 2013
Rosenfeld Trial: April 2014
In the Court of Common Pleas of Tuscarawas County Ohio
John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012
In the United States District Court of Southern District of Texas Galveston Division Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant.
Case 3:10-cv-00622
Rosenfeld Deposition: February 2012
Rosenfeld Trial: April 2013
In the Circuit Court of Baltimore County Maryland
Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants Case Number: 03-C-12-012487 OT
Rosenfeld Deposition: September 2013
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EXHIBIT C
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1640 5th St.., Suite 204 Santa
Santa Monica, California 90401
Tel: (949) 887‐9013
Email: [email protected]
Matthew F. Hagemann, P.G., C.Hg., QSD, QSP
Geologic and Hydrogeologic Characterization
Industrial Stormwater Compliance
Investigation and Remediation Strategies
Litigation Support and Testifying Expert
CEQA Review
Education:
M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984.
B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982.
Professional Certifications:
California Professional Geologist
California Certified Hydrogeologist
Qualified SWPPP Developer and Practitioner
Professional Experience:
Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working with permit holders to improve hydrogeologic characterization and water quality monitoring.
Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques.
Positions Matt has held include:
• Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); • Geology Instructor, Golden West College, 2010 – 2014; • Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); Item 3D - 147
• Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998);
• Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998);
• Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and
• Geologist, Dames & Moore (1984 – 1986).
Senior Regulatory and Litigation Support Analyst:
With SWAPE, Matt’s responsibilities have included:
• Lead analyst and testifying expert in the review of over 100 environmental impact reports since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever.
• Stormwater analysis, sampling and best management practice evaluation at industrial facilities. • Manager of a project to provide technical assistance to a community adjacent to a former Naval shipyard under a grant from the U.S. EPA.
• Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells.
• Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California.
• Expert witness on two cases involving MTBE litigation. • Expert witness and litigation support on the impact of air toxins and hazards at a school. • Expert witness in litigation at a former plywood plant.
With Komex H2O Science Inc., Matt’s duties included the following:
• Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation.
• Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation.
• Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York.
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• Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. 3 Item 3D - 149
• Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators.
Executive Director:
As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council.
Hydrogeology:
As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows:
• Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater.
• Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases.
• Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum.
At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui.
As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following:
• Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water.
• Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and responded to public comments from residents who were very concerned about the impact of designation.
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• Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer.
Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows:
• Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements.
• Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S.
EPA legal counsel.
• Wrote contract specifications and supervised contractor’s investigations of waste sites.
With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks:
• Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park.
• Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup.
• Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup.
• Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan.
Policy:
Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following:
• Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies.
• Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs.
• Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principles into the policy‐making process.
• Established national protocol for the peer review of scientific documents. 5 Item 3D - 151
Geology:
With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows:
• Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability.
• Coordinated his research with community members who were concerned with natural resource protection.
• Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon.
As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following:
• Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests.
• Investigated active faults beneath sites proposed for hazardous waste disposal.
Teaching:
From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels:
• At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination.
• Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin.
Matt taught physical geology (lecture and lab and introductory geology at Golden West College in Huntington Beach, California from 2010 to 2014.
Invited Testimony, Reports, Papers and Presentations:
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon.
Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S.
EPA Region 9, San Francisco, California.
Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee).
Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles.
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Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells.
Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association.
Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee).
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA.
Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ.
Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe.
Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant.
Invited presentation to the U.S. EPA Region 9.
Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee.
Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists.
Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association.
Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers.
Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report.
7 Item 3D - 153
Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water.
Unpublished report.
Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report.
Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report.
VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report.
Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina.
Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada.
Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City.
Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996.
Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61.
Hagemann, M.F., 1994. Groundwater Characterization and Cleanup a t Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting.
Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater.
Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 8 Item 3D - 154
Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35.
Other Experience:
Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐ 2011.
9 Item 3D - 155
1 David Newell
From: Tracy Conrad <[email protected]>
Sent: Thursday, July 15, 2021 11:25 PM
To: GeneralPlan <[email protected]>
Cc: Lisa Bell <[email protected]>
Subject: Re: [General Plan Update] Contact ‐ new submission Dear David,
Thank you kindly. I am concerned that the commercial designation for Smoke Tree Commons and Village as pictured extends too far south into the residential and conservation easement of the Ranch.
Tracy Conrad
Chief Operating Officer
Smoke Tree Ranch
760‐327‐1221, ext. 419
Item 3D - 156
1 David Newell
From: Maribel Nunez <[email protected]>
Sent: Tuesday, July 20, 2021 11:41 AM
To: City Clerk; David Newell; Christy Holstege; Lisa Middleton; Dennis Woods; Geoff Kors; Grace Garner Cc: Deiter Crawford; Edwin Ramoran; Ubaldo Boido; Edwin Ramoran Subject: public comment: Agenda Item New Businesss 5C: Housing element Site recommendations, policy recommendations and addlt questions
Attachments: Policy Recommendations_ Palm Springs Housing element July 2021.pdf; Site Recommendations Palm Springs Housing element July 2021.pdf
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.
Dear Mayor, Mayor Pro Tem and City Council:
My name is Maribel Nunez, writing public comments for this Thursday's, July 22nd city council meeting agenda item 5C Housing Element on behalf of Inland Equity Partnership Coachella Valley chapter. I appreciate staff, David Newell extending the online map survey deadline for an opportunity for more residents to submit their comments online.
Unfortunately, I missed the deadline to submit comments and will e‐mail them instead our recommended site recommendations. Some of our recommendations were added to the housing element and some were not.
Site recommendations: (See attached document)
Inland Equity Partnership Working with Bayanihan Desert, Desert Highland and Golden Sands Mobile Home Park residents, Desert Support Asylum Seekers and other Palm Springs residents Inland Equity Partnership's Policy Recommendations and Questions (See attached document) Feel free to contact me if you have any questions.
Best,
Maribel Nunez
Inland Equity Partnership Executive Director
(562) 569‐4051
Item 3D - 157
1 6th Cycle Housing Element Site Recommendations
Inland Equity Partnership Questions and Policy Recommendations:
Housing Element and Environmental Justice Questions
● How is Fair Housing incorporated into the housing element? What are your fair housing policy recommendations to segregate parts of the City of Palm Springs? ● How are we creating policies to mitigate the history of racism in redlining that has caused economic and social harm to the people of color in the City of Palm Springs? ● What is a criteria to identify fire hazards that are not appropriate for RHNA zoning? (there is inconsistencies what is fire hazard or not)
● What policies currently exist that address environmental justice (EJ), particularly related to air and water quality in disadvantaged communities?
● Fair Housing recommendation would be for Code Enforcement to be held more accountable to addressing tenant issues with repairs and going after negligent landlords - imposing fees, aggressively pursuing the same way they do code violations committed by underserved communities.
● All the cannabis production in Palm Springs ought to be considered Farmwork. Cannabis employees is under special needs in regards to zoning for housing.
And they need to count those employees like the employees of any other farm business.
Housing Element Policy recommendations
Area median income: Very Low Income, Low Income and Moderate Income communities to be planned and zoned in a mixed income/integrated communities
Land inventory: build community wealth and permanent affordability housing/homeownership and support programs like mutual self-help housing program
Policy recommendations (housing w/ Environmental Justice) ● Explore recent legislation that would provide zoning flexibility like SB 330 “Housing Crisis Act” to address limitations and consider reviewing conservation land measures passed. Are these truly being used agriculturally or protecting wealthy communities by protecting the practice of through exclusionary zoning?
● all the cannabis production in Palm Springs ought to be considered Farmwork. Housing elements must plan accordingly for the special needs of FW housing. ● Need to move past density being equated to affordable housing. This is using the state's density descriptor of affordability. When projects are being considered, Density bonuses are used for Item 3D - 158
2 incentives. In seeing higher density housing projects, will not always translate as a marker for affordability. After the opportunity sites zoning, the city creates policies and selects priority projects that lead to permanent affordability housing like co ops, community land trust. ● Look for funding (including from city budget) to go to SunLine Transit Agency for as many lines as possible at 15 minute service or better. Additional stops would be the secondary ask.
Goal is to create frequent service on more transportation corridors throughout the city that can open for more RHNA zoning throughout the city
● Eliminate single family zoning, we are running out of space as our population grows! ● Strengthen a rent control ordinance far beyond Costa-Hawkins:
https://docs.google.com/document/d/1-t-hw7ZbSq7zet2QVpPQuhAbwxX-Bwmsq34K0MX_6U/edit?usp=sharing ● We need the city to play an active role for its residents to build community wealth that translates to permanent affordability housing projects (co-ops, community land trust, condos and etc.)
● The city needs to incentivize and remove barriers for housing zoning and development. Existing in-leiu and density bonus incentives are optional and ineffective. Affordable set asides should be mandatory at least 25% and any fees collected should be directed to subsidizing affordable housing and neighborhood improvements in areas with existing affordable housing that is concentrated or segregated from higher income neighborhoods. ● To make sure houses get built, incentivize developers by lowering fees for on site construction and increasing fees for off site construction. Fees that come from off site construction should be restricted funds to build affordable housing.
● Stop concentration of poverty—mixed-income housing/inclusionary zoning is the best approach, 75% market rate and 25% affordable requirement should be the standard ● Existing warehousing and logistics regulation to protect residential and public spaces from negative effects of industrial uses don’t go far enough - the setback standards for warehouses and logistics abutting residential zones and public facilities aren’t even 300 feet - a good standard would be 1,000 feet
● Use CalEnviroScreen to map Environmental Justice communities and consider zoning overlays to prevent future industrial uses in these communities and protect the residents from further degradation of air quality and built environment.
Item 3D - 159
3 Item 3D - 160
1 6th Cycle Housing Element Site Recommendations
Desert Highland, Bayanihan Desert, Inland Equity Partnership, Coachella Valley-DSA, Golden Sands Mobile Home Residents
Rezoning/Site recommendations: (Maps provided by Deiter) Comment: Our recommendations are not included in the general plan/housing element.
Map 1: Between Tramview Rd and Rosa Parks Road
a. Rezoning recommendations: R1D lots back to R-G-A (6) Item 3D - 161
2 Map 2: Indian Canyon & Vista Chino (map 2)
Comment: Thank you for making these lots Mixed Use for the housing element Rezoning recommendations: lots of empty lots that can be switched from C1 to mixed use zoning to allow housing. For example: East Indian Canyon and South Vista along Palm Canyon Drive to mixed use zoning.
Item 3D - 162
3 Map 3 Corazon and El Dorado
Comment: Our recommendations are not included in the general plan/housing element.
Rezoning recommendations: Frontage Rd and El Dorado convert C1 to Mixed use zoning (note: two parcels c1 to mixed use zoning Frontage Rd/El Dorado) They did take into account Land Use element not sure about housing element Item 3D - 163
4 Map 4: (Deiter maps)
City owned land at South Ramon and Vella Road in Veterans Track. The City owns 8 parcels totaling 2 Acres.
Recommendations: use for public space, park or community center and etc not housing) Other land inventory sites to rezone for housing element Comment: Our recommendations are not included in the housing element 1) Crescendo, 41.6 acres near Tramway and Racquet Club roads. Value: $17 million. Wessman Settlement Property
Our Recommendations: Zone: R2 and above (condominiums)
2) Boulders, 31.4 acres near Chino Canyon Road. Value: $14.7 million. Wessman Settlement Property
Our Recommendations Zone: R3 and above
3) Gene Autry Trail property, 5.6 acres near Mission Drive. Value: $2 million.
Wessman Settlement Property. January 2021 Request For Proposal issued to affordable and homeless housing developers.
Focus: VLI & LI Our Recommendations Zone: R2
4) Cottonwood/Chuckwalla Single-Family Homes (haven’t taken our feedback) The City also facilitated homebuyer assistance projects, with the Cottonwood/Chuckwalla
project providing 9 single family units affordable to Low Income households.
Our Recommendations Zone: high density (R 2 and above a lot of vacant lots Item 3D - 164
5 Item 3D - 165
1 David Newell
Attachments: The_Desert_Sun_Sun__Mar_6__2005.jpeg; Palm Hills Sec 31 & 32.png From: Peter Moruzzi <[email protected]>
Reply‐To: "[email protected]" <[email protected]> Date: Sunday, July 25, 2021 at 12:22 PM
To: Christy Holstege <[email protected]>, Lisa Middleton <[email protected]>, Geoff Kors <[email protected]>, Dennis Woods <[email protected]>, Grace Garner <[email protected]>, Anthony Mejia <[email protected]>
Subject: URGENT: Palm Hills Land Use Designation to Open Space Mountain NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.
Mayor Holstege, Mayor Pro Tem Middleton, Councilmember Garner, Councilmember Kors, Councilmember Woods,
In your discussion tomorrow of revisions to the General Plan Land Use map, I strongly urge you to recommend that the land use designation of the Palm Hills area be changed from Estate Residential (the portion of Sec 32 with roads shown below) and Special Policy Area (the remainder of the property Secs 31 & part of 32) to Open Space Mountain, which is the designation of the land to the north, west and south.
Some background. Back in 2005 I was part of the group that placed the successful Measure C referendum on the ballot to rescind the City Council’s approval of a massive development of Palm Hills (see our Desert Sun ad below).
Item 3D - 166
2 Now, in 2021, you have the opportunity to finally fulfill the community's desire that Palm Hills be open space.
As the email from the Oswit Land Trust indicates, there is no certainty of acquisition of the property as conservation land. Now is the time to change the land use designation so that there will at least be some protection of this incredibly important natural resource for future generations.
Thank you.
Peter
Item 3D - 167
7/27/2021
City Council
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Discussion of Draft 2021-2029 Housing Element, Draft Land Use Plan and Proposed Buildout
Honorable Mayor and Members of the City Council:
I am writing on behalf of the Sierra Club to address a question that arose during the workshop on July 22, 2021 regarding the ability of the City Council to amend the General Plan in a manner that lowers the allowable density within the Palm Hills Special Policy Area.
The current General Plan regulations for the Palm Hills Special Policy Area allow for potential “residential and resort development at a maximum of 1 dwelling unit/hotel unit per acre, not to exceed a total of 1,200 units”, subject to preparation of a Specific Plan. (General Plan, Page 2-8.) A suggestion was made that the Special Policy Area be redesignated as Open Space Mountain (“OS Mountain”), which allows 1 dwelling unit per 40 acres.
In response, I understand the City Attorney stated that the change would result in a “taking” because it would deny development rights. The Sierra Club urges the City Council to not accept this opinion as the end of the story.
There is no state or federal rule that a reduction in density is an automatic, or “per se,” taking of property rights. To the contrary, a per se taking only occurs if a regulation denies all economically beneficial or productive use of land. (Lucas v South Carolina Coastal Council (1992) 505 US 1003, 1020.) A reduction of density consistent with other adjacent hillside lands within the City certainly would not qualify as a per se taking. Of course, a regulation can still result in a taking if a court finds that it goes too far.
When no per se taking exists, courts examine a number of factors to determine if the regulation “goes too far” such that a taking has occurred.
Factors considered include the economic impact of the regulation on the claimant, the extent to which the regulation interferes with distinct investment-backed expectations, and the character of the governmental action. (See Penn Cent. Transp. Co. v New York City (1978) 438 US 104, 123 and Kavanau v Santa Monica Rent Control Bd. (1997) 16 C4th 761, 775.) Item 3D - 168
City Council
July 27, 2021
The analysis is complicated and varies with each case. But in the end, if a substantial use of the property remains, no taking will be found. (See Bridge Aina Le’a, LLC v. Land Use Commission (9th Cir. 2020), 950 F.3d 610 [applying Penn Central factors, reclassification of land from urban to agricultural did not result in a regulatory taking.]
Sierra Club appreciates that the laws governing regulatory takings are extraordinarily complex and that each regulation must be evaluated in light of the unique property rights involved. However, the Sierra Club urges the Council to not accept any opinion that redesignating the Special Policy areas of Palm Hills to OS Mountain would result in a per se taking. To the contrary, the Sierra Club is confident that a thorough analysis of the proposal would result in a finding that it would simply place the Special Policy area on equal footing with surrounding mountainous properties already designated OS Mountain. The City’s designation of those properties as OS Mountain did not result in a finding of a “per se” or other regulatory taking because the properties retain substantial economic value. If follows that a redesignation of the Special Policy area for Palm Hills would also not result in a taking.
Very truly yours,
WORDEN WILLIAMS LLP
D. Wayne Brechtel, Esq.
[email protected]
Item 3D - 169
Mayor and members of the Council, Joan Taylor here, representing Sierra Club, speaking to General Plan issues, item 5C.
Regarding the I-10 site near Whitewater under consideration, it appears partially within a Conservation Area under the Coachella Valley Multiple Species HCP, and it is inappropriate and unwarranted to create an island of potential intense development in an area that would otherwise be Open Space Desert. Vastly changing the General Plan Land Use designation in this manner for a single site in the abstract may be in violation of CEQA, if not General Plan case law.
Also, Sierra Club supports retaining the majority of the abandoned Bel Air golf course in natural open space, as part of the connective tissue of washes that preserve habitat corridors and multiple use trail amenities and attractive open space relief for residents and tourists enjoying unique amenities the City can offer.
I’m not sure how narrow the scope of item 5C is, but Sierra Club strongly requests the City change the Land Use Des and Zoning of certain mountainous sites currently designated “Special Policy” areas. Most importantly the "Special Policy" portion of Palm Hills should be designated Open Space Mountain, 1du/40 ac — to be consistent w/ other City mountainous area policies and the voters' express wishes for preservation of the site, as demonstrated by a resounding referendum of the erstwhile Palm Hills project.
Also, the former Shadowrock site has been acquired for preservation should be designated as Conservation, no dwelling units.
Taking my Sierra Club hat off and speaking as a long-time resident of Palm Springs, I’d like to add that such intense development at the Whitewater site would be an unfortunate entry to the City as well, especially when there are better sites in already industrialized areas to the east and west for such intense uses.
That’s it. Thank you.
Item 3D - 170
Item 3D - 171
Item 3D - 172
Item 3D - 173
1 David Newell
From: karen clare <[email protected]>
Sent: Sunday, August 29, 2021 2:46 PM
To: GeneralPlan
Subject: Karen Clare 8/30/21
NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.
Dear Members of the Palm Springs City Council,
At one of the recent City Council Meetings, residents were encouraged to make suggestions as you work on our new General Plan to help improve the city. I have such a suggestion.
There exists a long strip of land along the south side of E. Palm Canyon Drive/Hwy 111. This piece of land, approximately one block long, has tall palm trees and NOTHING ELSE BUT DIRT AND WEEDS! This strip of dirt and weeds runs from the exit out of the Smoke Tree Mall (Ralphs and Ace mall) driving East up to the end of this strip of land at Smoke Tree Lane. Other cities one passes through on the Hwy 111 have well groomed to lavish landscaping depending on the city‐‐ but all are better maintained than ours. This is the impression one has when entering Palm Springs and when leaving‐‐‐ most of the rest of the vegetation on E. Palm Canyon Drive is fine , BUT THIS STRIP OF DIRT IS UNSIGHTLY AND HAS BEEN LIKE THIS FOR SEVERAL YEARS.
i WOULD ASK THAT YOU AUTHORIZE SOME CRUSHED ROCK TO AT LEAST COVER THE DIRT AND WEEDS. AN EVEN BETTER FIX WOULD BE TO INSTALL SOME IRRIGATION AND ADD A FEW PLANTINGS‐‐‐anything please but the dirt and weeds!!! Tourists see this as they stay in surrounding hotels, and as they shop at Ralphs and Ace while in town. It is truly an eyesore and Palm Springs is too lovely and elegant a city to have a piece of ignored and unsightly strip of land like this existing amid other plantings and grass before and after this piece of land. I urge you to please take a small amount of funds to repair this site. Thank you for your care and your time. ‐‐‐‐next to exit from Smoke Tree Mall throwing cars out onto E. Palm Canyon Drive heading East and traveling up to Smoke Tree Lane‐‐‐‐‐‐Thank You!!!!
Sincerely,
Karen Clare, 2396 S. Palm Canyon Drive #34, Palm Springs 92264 cell‐602‐579‐9436 Item 3D - 174
1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 760-385-8255 September 2021
Mayor and City Council
City of Palm Springs
Re: Boulders and Crescendo- land use element changes to general plan Dear Mayor Holstege and City Council members:
Open space is critical to our quality of life, combating climate change and supporting a thriving ecosystem. Scientists and environmentalists worldwide are encouraging communities to take part in what is known as the 30 by 30 campaign. This is an effort to secure 30 percent of open space by the year 2030. It has been stated that this must begin on the local level, such as in Palm Springs.
Boulders and Crescendo were received by the City of Palm Springs in a settlement with Wessman properties (now called Grit Development). The community was told that these two properties would be set aside as open space for residents and visitors to Palm Springs as well as to protect wildlife habitat.
Our coalition had a biological assessment conducted on both properties (see attached) which revealed a tremendous diversity of both plants and animals on both parcels. In fact, on Boulders, 36 different plant species were observed, 20 different animal species and 14 different occurrences of cryptobiotic crust were observed. On Crescendo, 27 different species of plants were observed, 11 different animal species and six different occurrences of cryptobiotic crusts were observed to inhabit the area or rely on it for migratory purposes.
The certified CA Naturalist who completed the biological assessment stated, "It is my recommendation that both Boulders and Crescendo remain undeveloped and be protected as open space for their outstanding biologic and scenic value.
These kinds of boundary parcels are essential for maintaining ecosystem health along the “Wildland Urban Interface”, where natural and human communities meet, and in maintaining the character and attraction of the Coachella Valley desert." We, the undersigned, are asking the City of Palm Springs either to donate these properties to a land trust for their stewardship or during the land use update to the general plan this fall, the designation be changed to open space. Doing so would protect these areas from future development or sale to a developer for that purpose and support the effort to protect open space. Thank you for your time.
Oswit Land Trust (OLT)
Palm Springs Wildlife Advocates
Little Tuscany Neighborhood Association
Bighorn Sheep Institute
Friends of the Palm Springs Mountains
If you have any questions you may contact Jane Garrison of OLT at 843-343-8887 or Michael Fleming of the Little Tuscany Neighborhood Association at 310-386-5284.
Item 3D - 175
Biological Site Assessment: Boulders and
Crescendo Properties
Palm Springs, CA
Background
On March 18th, 2021, I visited two properties in Palm Springs, CA, referred to as “Boulders” and “Crescendo”, to complete an initial site assessment and determine the biological habitat value of each site.
Both sites are located at the base of the Chino Cone, an alluvial fan emanating from one of the most significant drainages of the San Jacinto Mountains. The primary plant community for the sites is Creosote Bush Scrub.
Boulders is located approximately 0.5 miles west of North Palm Canyon Drive, and is abutted by West Chino Canyon Road to the south, and two Desert Water Agency storage tank facilities to the east and west. The site consists of approximately 45 subdivided parcels owned by the City of Palm Springs, and is currently undeveloped open space. It is surrounded on three sides by residential neighborhoods.
Crescendo is located approximately 0.2 miles southwest of North Palm Canyon Drive, and is abutted by Tramway Road to the northwest and West Racquet Club drive to the south. The site consists of a single parcel owned by the City of Palm Springs, and is currently undeveloped open space. It is bordered on two sides by residential neighborhoods.
I visited Boulders in the morning, beginning at 10:00 AM, and spent approximately 2.5 hours completing my survey, followed by Crescendo, where I spent approximately 1 hour, leaving the site at 1:30 PM. For both sites, Item 3D - 176
I surveyed the properties by walking around the perimeter, noting biologically important features and signs of disturbance, and recording the plant and animal species I observed. I also walked the nearby “Desert Palisades Trail”, as a comparison to the sites in question.
Biological Assessment: Boulders
Plant Life
I observed the following plant species at the Boulders site:
Common Name Scientific Name
white bursage Ambrosia dumosa
cheesebush Ambrosia salsola
fourwing saltbush Atriplex canescens
desert broom Baccharis sarothroides
sweetbush Bebbia juncea
Saharan mustard* Brassica tournefortii
pale yellow suncup Camissoniopsis pallida
fountain grass* Cenchrus setaceus
desert lavender Condea emoryi
silver cholla Cylindropuntia echinocarpa
sacred datura Datura wrightii
lance-leaved ditaxis Ditaxis lanceolata
Engelmann's hedgehog cactus Echinocereus engelmannii
brittlebush Encelia farinosa
desert trumpet Eriogonum inflatum
Common Name Scientific Name
common stork's-bill* Erodium cicutarium
California primrose Eulobus californicus
smallseed sandmat Euphorbia polycarpa
California barrel cactus Ferocactus cylindraceus
rock hibiscus Hibiscus denudatus
narrow-leaved cryptantha Johnstonella angustifolia
chuparosa Justicia californica
white ratany Krameria bicolor
creosote bush Larrea tridentata
Item 3D - 177
wishbone bush Mirabilis laevis
beavertail cactus Opuntia basilaris
blue palo verde Parkinsonia florida
distant phacelia Phacelia distans
desert mistletoe Phoradendron californicum
honey mesquite Prosopis glandulosa
Schott's indigo bush Psorothamnus schottii
catclaw acacia Senegalia greggii
cape ricegrass* Stipellula capensis
athel tamarisk* Tamarix aphylla
American threefold Trixis californica
Species Count: 36
* Plants marked with asterisk are not native to the Coachella Valley Plants highlighted in green had at least one individual observed with flowers Annual rainfall in the area was well below normal levels as of the date of the survey, and few annual species were observed. During ideal conditions, spring annual plants can account for as much as 50%, or more, of plant diversity in desert ecosystems, and it can be assumed that the actual number of plant species occurring on site is much greater than observed.
Animal Life
I observed the following animal species at the Boulders site:
Item 3D - 178
Common Name Scientific Name Type
Cooper's Hawk Accipiter cooperii Bird
Verdin Auriparus flaviceps Bird
Costa's Hummingbird Calypte costae Bird
Northern Flicker Colaptes auratus Bird
Common Raven Corvus corax Bird
American Kestrel Falco sparverius Bird
House Finch Haemorhous mexicanus Bird
Northern Mockingbird Mimus polyglottos Bird
Phainopepla Phainopepla nitens Bird
Say's Phoebe Sayornis saya Bird
Mourning Dove Zenaida macroura Bird
Common Name Scientific Name Type
Western Honey Bee* Apis mellifera Insect
Creosote Gall Midge Asphondylia auripila Insect
Gray Hairstreak Strymon melinus Insect
Black Harvester Ant Veromessor pergandei Insect
Coyote Canis latrans Mammal
California Ground Squirrel Otospermophilus beecheyi Mammal Desert Cottontail Sylvilagus audubonii Mammal
Western Whiptail Aspidoscelis tigris Reptile
Western Side-blotched Lizard Uta stansburiana elegans Reptile Species Count: 20
* Animals marked with asterisk are not native to the Coachella Valley Animals highlighted in yellow were observed via sign only (scat, tracks, etc.) Several animal species were observed but not identified to species, including a mating pair of birds of prey, various perching birds, and invertebrates (insects and spiders). Additionally, the Coachella Valley is an important breeding area and stopover for migratory birds that only occur here seasonally. The dry conditions may also have limited the amount of invertebrate activity, and the potential to see some of the larger herbivorous reptiles known to occur nearby, such as the common chuckwalla and desert iguana. Due to these factors, it can be assumed that the actual number of animal species occurring on site is greater than observed.
Item 3D - 179
Other Lifeforms: Cryptobiotic Crusts
Cryptobiotic crusts - a community of microscopic organisms consisting of cyanobacteria (blue-green algae), lichens, mosses, green algae, fungi, and bacteria - are an important part of desert ecosystems, and can be used as an indicator of the level of disturbance of desert soils.
I documented 14 different occurrences of cryptobiotic crust spread throughout the site, indicating a low overall level of disturbance. Crusts were found both in the shelter of boulder piles, and in the interspace between plants, indicating a beneficial diversity of microorganisms.
Signs of Disturbance
Several signs of disturbance were observed. There is a relatively small amount of street trash (broken glass, discarded bottles), mostly distributed around the perimeter of the site, and two discarded tires near the southern edge of the property.
Several lengths of steel 6-inch pipe run across the surface of the site, varying in length and quantity. All pipes visible on the surface appear to be disused. A series of steel posts (approximately 6) runs east-west near the southern edge of the property, and appear to have been part of a utility line at some point. A series of temporary wooden posts (approximately 12) runs east-west near the northern edge of the property. All of the wooden posts are lying down on the ground, and their original purpose was not apparent.
At least two human-created unofficial paths across the site were noted, marked with a combination of rock cairns and red spray paint. Neither path appears to receive a high level of use.
Several species of invasive plant were observed, including a single small tamarisk tree near the northeast corner of the site, and a relatively small amount of Saharan mustard. Fountain grass occurrence is generally low, but reaches higher concentration near the western border with the Desert Water Agency property. The dried out remains of invasive annual grasses were widespread on the site, although only a small number of fresh individuals were observed, all cape ricegrass.
Discussion
Overall, I observed a high level of diversity of plants and animals, and a relatively low level of disturbance, especially considering the proximity of the site to existing developed neighborhoods.
Both the number and composition of species indicate a well-structured ecosystem with a complete food web, including a variety of common (creosote, brittlebush) and less common perennial plants (threefold, rock hibiscus, hedgehog cactus), insect life, songbirds and small mammals, and predatory animals (Cooper’s hawk, kestrel, coyote).
The prevalence of cryptobiotic crusts on the site particularly indicate an intact desert community that is increasingly rare to find in the Coachella Valley. Cryptobiotic crusts can take decades or centuries to develop.
Many desert plants depend on symbiotic soil relationships with mature cryptobiotic crusts to survive.
Therefore, these crusts contribute to overall ecosystem health and biodiversity.
Item 3D - 180
Biological Assessment: Crescendo
Plant Life
I observed the following plant species at the Crescendo site:
Common Name Scientific Name
white bursage Ambrosia dumosa
cheesebush Ambrosia salsola
fourwing saltbush Atriplex canescens
sweetbush Bebbia juncea
Saharan mustard* Brassica tournefortii
fountain grass* Cenchrus setaceus
browneyes Chylismia claviformis
desert lavender Condea emoryi
silver cholla Cylindropuntia echinocarpa
brittlebush Encelia farinosa
Common Name Scientific Name
California primrose Eulobus californicus
smallseed sandmat Euphorbia polycarpa
California barrel cactus Ferocactus cylindraceus
hairy milkweed Funastrum hirtellum
narrow-leaved cryptantha Johnstonella angustifolia
Item 3D - 181
white ratany Krameria bicolor
creosote bush Larrea tridentata
Wishbone bush Mirabilis laevis
Parry's lip fern Myriopteris parryi
beavertail cactus Opuntia basilaris
Mexican palo verde* Parkinsonia aculeata
blue palo verde Parkinsonia florida
dyebush Psorothamnus emoryi
Schott's Indigo Bush Psorothamnus schottii
cape ricegrass* Stipellula capensis
athel tamarisk* Tamarix aphylla
fan-leaved tiquilia Tiquilia plicata
Species Count: 27
* Plants marked with asterisk are not native to the Coachella Valley Plants highlighted in green had at least one individual observed with flowers As with the Boulders location (see above), it can be assumed that the actual number of plant species occurring on site is much greater than observed, when accounting for spring annuals.
Animal Life
I observed the following animal species at the Crescendo site:
Common Name Scientific Name Type
verdin Auriparus flaviceps Bird
Costa's hummingbird Calypte costae Bird
common raven Corvus corax Bird
Greater Roadrunner Geococcyx californianus Bird
house finch Haemorhous mexicanus Bird
northern mockingbird Mimus polyglottos Bird
mourning dove Zenaida macroura Bird
white-tailed antelope squirrel Ammospermophilus leucurus Mammal California ground squirrel Otospermophilus beecheyi Mammal desert cottontail Sylvilagus audubonii Mammal
western side-blotched lizard Uta stansburiana elegans Reptile Item 3D - 182
Species Count: 11
Animals highlighted in yellow were observed via sign only (scat, tracks, etc.) As with the Boulders location (see above), it can be assumed that the actual number of animal species occurring on site is much greater than observed.
Additionally, it was mid-day by the time I reached the Crescendo site and the air temperature was noticeably warmer, so it was not surprising to see a reduction in animal activity at this site compared to Boulders.
Other Lifeforms: Cryptobiotic Crusts
I observed relatively fewer cryptobiotic crust sites at the Crescendo location (6), possibly due to the higher level of disturbance (see below). However, the variety of sites indicated a similar level of diversity, and in fact included at least one location with ferns (Parry’s lip fern), which were not present at the Boulders location.
Signs of Disturbance
Relative to Boulders, the Crescendo site was more highly disturbed. I observed a similar level of street trash, as well as at least one instance of more significant dumping (furniture, construction debris) near the southeast corner of the property, and several larger pieces of trash scattered around (folding chair, BBQ).
There is evidence of at least one person establishing a shelter (shade, bedding, chairs, etc) near the western boundary of the property. It wasn’t clear if the shelter was currently in use at the time of the survey. There is at least one medium-use human created path running from the northeast to the western boundary (and beyond)
A large disused steel pipe runs along much of the southeast boundary of the property, and rock and soil has been pushed back onto the property along the right-of-way at the southern boundary.
A similar combination of non-native and invasive species occurs on the site. The occurrence of fresh Saharan mustard and cape ricegrass was particularly high near road margins bordering the property to the northwest and south.
Item 3D - 183
Much of the site shows clear signs of fire damage, and examination of historical satellite imagery indicates that a fire did occur on most of the eastern portion of the property approximately 3 years ago, sometime between August of 2018 and July of 2019. The fire footprint covers approximately 30 acres, and appears to have been extremely low intensity. A small number of shrubs appear to have been completely burned (these may already have been dead before the fire, and more susceptible to combustion), and some of the existing shrubs show fire damage (wilting), especially creosote bushes in the southeast corner of the site. Overall, the fire does not seem to have done significant damage to the property.
Discussion
While I observed somewhat less biological diversity than at Boulders, the Crescendo property remains a well structured and intact biological community, with plants and animals representing a complete food web, from annual wildflowers (cryptantha), to predatory animals (roadrunners).
The wildlife observed, and the presence of cryptobiotic crusts on site, make Crescendo a highly visible example of intact and mature desert creosote bush scrub. The property is immediately adjacent to Tramway Road, where tens of thousands of visitors pass by each year on their way to the Palm Springs Aerial Tramway, and within sight of North Palm Canyon Drive and the Palm Springs Visitor Center, one of the main entry points into the Coachella Valley. The property currently serves as part of the visual backdrop for a “Desert X” art installation nearby.
Closing Recommendations
It is my recommendation that both Boulders and Crescendo remain undeveloped and be protected as open space for their outstanding biologic and scenic value. These kinds of boundary parcels are essential for Item 3D - 184
maintaining ecosystem health along the “Wildland Urban Interface”, where natural and human communities meet, and in maintaining the character and attraction of the Coachella Valley desert.
In addition to protecting the properties themselves, consider the following actions:
● Utilize community resources (CVAG Homelessness Committee, etc.) to ensure that any persons currently living on the Crescendo property are able to find permanent shelter. ● Work with surrounding neighborhoods and volunteer groups (Oswit Land Trust, etc.) to clean up existing street trash and dumping. I estimate approximately one volunteer event (4 hours, 20-30 people) would be sufficient at each site.
● Examine costs and benefits (scrap value?) of removal of abandoned infrastructure (pipes). Remove if feasible.
● Remove existing invasive species via volunteer events (fountain grass, Saharan mustard), and work with the Low Desert Weed Management Area to examine methods for annual grass treatment. ● Work with existing neighborhood councils and neighborhood watch groups to report dumping and other negative activities on the properties.
● Continue biological surveys at both sites, utilizing community science platforms like iNaturalist and eBird and engage local residents to observe changes over time. ● Work with local neighborhoods to protect and enhance the habitat value of the sites. Ensure adequate and well maintained covered trash cans to help maintain raven populations at a sustainable level, avoid trimming trees and palms during spring nesting season, and keep pet cats indoors. ● Examine costs and benefits of recreational opportunities and connections with nearby trails and attractions (North Lykken Trail, Desert Palisades Trail, Tramway Road, Palm Springs Visitor Center).
Protecting these parcels, and others like them, will help to build resilience and long-term sustainability in the face of an uncertain climate future.
Please see included photos from both properties, taken July 26-August 1, 2021.
Colin Barrows
cwbarrows.com
760-898-9363
Item 3D - 185
Attachment 5
Item 3D - 186
S AVENIDA CABALLEROS
ALEJO RD
SUNRISE WAY
S PALM CANYON DR
GENE AUTRY TRL
CAMINO R EAL
RAMON RD
MURRAY CANYON DR
E VISTA CHINO
SAN RAFAEL DR
FARRELL DR
TACHEVAH DR
N INDIAN CANYON DR
MESQUITE AVE
E PALM CANYON DR
BOGERTTR L
EL CIELO RD
PEREZ RD
SH-111
RACQUET CLUB RD HERMOSA DR
DILLON RD
DINAH SHORE DR
BELARDO RD
20TH AVE
PALM DR
VARNER RD
GARNET AVE
CATHEDRAL
CITY
DESERT HOT
SPRINGS
RANCHO
MIRAGE
A
ER
ER
ER
ER
ER
ER
HDR
HDR
IND
IND
IND
IND
LDR
LDR
LDR
LDR
LDR
MDR
MDR MDR
MDR
MDR
MDR MDR
MDR
MU
MU
MU
MU
NCC
NCC
O
OS-C
OS-C OS-C
OS-D
OS-D
OS-D
OS-D
OS-D
OS-D
OS-M
OS-M
OS-M
OS-M
OS-P
OS-P
OS-P
OS-P
OS-P
OS-P
OS-P
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
P/QP
P/U
RBC
RBC
RC
RC
Sch
Sch
Sch
SPA
SPA
SPA
SPA
SPA
TRC
TRC
TRC
TRC
VLDR
VLDR
VLDR
VLDR
VLDR
1 10
11 12
13 14
15 16
17 18
19 20 2
21 23
24 25 26
27b27a
28 29
3 30a
30b
31 32
33 36 35 34
37 38 39
4 40
41 42
43 44
45 46
47 48
49 5
50 51
5253
6 7
8 9
10 10
62 111
111
111
111
Palm Springs City Limits
Palm Springs Sphere of Influence
Adjacent City Limits
General Plan - Areas of Change
Railroad
Proposed General Plan Land Use
ER Estate Residential (0 - 2.0 du/ac)
VLDR Very Low Density Residential (2.1 - 4.0 du/ac)
LDR Low Density Residential (4.1 - 6.0 du/ac)
MDR Medium Density Residential (6.1 - 15.0 du/ac)
HDR High Density Residential (15.1 - 30.0 du/ac)
SH Small Hotel
TRC Tourist Resort Commercial
NCC Neighborhood/Community Commercial
CBD Central Business District
RC Regional Commercial
MU Mixed Use
O Office
IND Industrial
RBC Regional Business Center
P/QP Public/Quasi-Public
Sch School
P/U Public/Utilities
A Airport
OS-M Open Space Mountain (1 du/40 ac)
OS-C Open Space Conservation (1 du/20 ac)
OS-D Open Space Desert (1 du/10 ac)
OS-P Open Space Parks/Recreation
OS-W Open Space Water
SPA Special Policy Area
RR Railroad
0 0.5 1 2
Miles Palm Springs General Plan
0 3,000 6,000
Feet
Date: 2/1/2022
TAMARACK RD
SH-111
LDR
OS-D
OS-M
OS-M
OS-M
OS-W
ROW
SPA
19 20
20 Northwest Portion of The City of Palm Springs
Proposed General Plan Land Use
Key Map
Change Site Acreage Change Note Change Site Acreage Change Note 1 15.2 Align with City border 28 0.6 LU: SCH to NCC (current use) 2 17.6 Align to watercourse 29 0.5 LU: O to VLDR (current use) 3 226.8 Align to top of slope 30a 3.7 LU: O to TRC & MDR (current use) 4 46.4 Align to toe of slope 30b 1.0 LU: O to LDR and MDR (current use) 5 762.4 Align to watercourse 31 2.8 LU: MDR to TRC (per Section 14 SP) 6 1228.3 Align to top of slope and Alluvial fan areas 32 2.7 LU: MDR to P/QP (reflect current/intended use) 7 0.9 Align to top of slope 33 0.9 LU: O to HDR (current use) 8 2.8 Alignment adjustment to remove residential from OS-W 34 12.3 LU: MDR to NCC (per Section 14 SP/reflect current/intended use) 9 19.3 Align to remove vacated street 35 18.9 LU: CBD and P/QP to TRC (per Section 14 SP) 10 237.9 Align to remove ROW within airport boundary 36 1.9 LU: CBD to OSP 11 27.3 Align to updated assessor parcels 37 0.3 LU: OS-W to HDR (align to current use) 12 5.1 Align to city boundary 38 2.1 LU: O to HDR (current use) 13 106.4 Align to top of slope 39 2.3 LU: VLDR to HDR (current use) 14 160.7 Align to mountain and valley 40 20.4 LU: OS-P to P/QP (current use) 15 14.4 Align to new parcels 41 13.7 LU: ER to LDR (current use/density) 16 41.6 Align to watercourse 42 3.5 LU: NCC to TRC (current use) 17 298.9 Align to city boundary 43 4.6 LU: HDR to MDR (current density) 18 9.1 Align to parcel configuration 44 1.9 LU: P/U to OS-M (current ownership) 19 269.2 Align with Zoning 45 0.5 LU: ER to P/U (current ownership) 20 3664.0 Align to watercourse and 100-year floodplain 46 0.1 Align to updated assessor parcels 21 7.9 Align to updated assessor parcels 47 1.8 Align to updated parcels, LU: HDR to OS-W 23 0.3 LU: OS-P to VLDR (current use) 48 1.9 Align to updated assessor parcels 24 7.0 LU: OS-P to P/U (reflect ownership) 49 4.1 LU: MU to HDR and MU to NCC (align to current use) 25 5.4 LU: MU to MDR (current use) 50 0.6 LU: O to LDR (current use) 26 7.0 LU: ER to VLDR (current use) 51 5.2 LU: MU to ER (reflect boundaries of retail development) 27a 0.7 LU: MU to MDR (RHNA site) 52 1.5 LU: NCC to MDR (current use, stakeholder request) 27b 4.9 LU: MU to HDR (RHNA site) 53 1.6 LU: NCC to MU (stakeholder request) Proposed General Plan Areas of Change
Item 3D - 187
Attachment 6
Item 3D - 188
S AVENIDA CABALLEROS
ALEJO RD
SUNRISE WAY
S PALM CANYON DR
E TAHQUITZ CANYON WAY
GENE AUTRY TRL
CAMINO R EAL
RAMON RD
CROSSLEY RD
N PALM CANYON DR
MURRAY CANYON DR
E VISTA CHINO
SAN RAFAEL DR
FARRELL DR
TACHEVAH DR
N INDIAN CANYON DR
MESQUITE AVE
BARONA RD
E PALM CANYON DR
BOGERTTR L
EL CIELO RD
PEREZ RD
SH-111
RACQUET CLUB RD
DILLON RD
DINAH SHORE DR
BELARDO RD
20TH AVE
GOL F CLU B DR
PALM DR
VARNER RD
GARNET AVE
CATHEDRAL
CITY
DESERT HOT
SPRINGS
RANCHO
MIRAGE
A
ER
ER
ER
ER
ER
ER
HDR
HDR
IND
IND
IND
IND
LDR
LDR
LDR
LDR
LDR
MDR
MDR MDR
MDR
MDR
MDR MDR
MDR
MU
MU
MU
MU
NCC
NCC
O
OS-C
OS-C OS-C
OS-D
OS-D
OS-D
OS-D
OS-D
OS-D
OS-M
OS-M
OS-M
OS-M
OS-P
OS-P
OS-P
OS-P
OS-P
OS-P
OS-P
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
OS-W
P/QP
P/U
RBC
RBC
RC
RC
Sch
Sch
Sch
SPA
SPA
SPA
SPA
SPA
TRC
TRC
TRC
TRC
VLDR
VLDR
VLDR
VLDR
VLDR
10 10
62 111
111
111
111
Palm Springs City Limits
Palm Springs Sphere of Influence
Adjacent City Limits
Railroad
Proposed General Plan Land Use
ER Estate Residential (0 - 2.0 du/ac)
VLDR Very Low Density Residential (2.1 - 4.0 du/ac)
LDR Low Density Residential (4.1 - 6.0 du/ac)
MDR Medium Density Residential (6.1 - 15.0 du/ac)
HDR High Density Residential (15.1 - 30.0 du/ac)
SH Small Hotel
TRC Tourist Resort Commercial
NCC Neighborhood/Community Commercial
CBD Central Business District
RC Regional Commercial
MU Mixed Use
O Office
IND Industrial
RBC Regional Business Center
P/QP Public/Quasi-Public
Sch School
P/U Public/Utilities
A Airport
OS-M Open Space Mountain (1 du/40 ac)
OS-C Open Space Conservation (1 du/20 ac)
OS-D Open Space Desert (1 du/10 ac)
OS-P Open Space Parks/Recreation
OS-W Open Space Water
SPA Special Policy Area
RR Railroad
0 0.5 1 2
Miles Palm Springs General Plan
0 3,000 6,000
Feet
Date: 1/21/2022
TAMARACK RD
SH-111
LDR
OS-D
OS-M
OS-M
OS-M
OS-W
ROW
SPA
Northwest Portion of The City of Palm Springs
Proposed General Plan Land Use
Key Map
Item 3D - 189