Palm Springs City Council
December 12, 2024

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA

DECEMBER 12, 2024

5:30 PM REGULAR MEETING
Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
Incoming Elected Officials
Naomi Soto, Mayor Pro Tem Elect
David H. Ready, Councilmember Elect
Scott Stiles, City Manager

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS: None

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION: NONE

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) December 12, 2024 City Council Regular Meeting Agenda 2 PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of November 14, 2024 Closed Session, November 14, 2024 and November 21, 2024.

B. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.”

C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR AGUA

CALIENTE FUEL PALM SPRINGS, AN AUTOMOBILE SERVICE STATION, WHICH INCLUDES AN 8,600-SF CONVENIENCE STORE WITH A 2,637-SF GAMING AREA, A 585-SF GAS ATTENDANT BUILDING, A 23-FOOT-HIGH CANOPY, PARKING, AND NEW LANDSCAPE ON A 3.6-ACRE TRIBAL TRUST PROPERTY LOCATED AT 999 LAWRENCE CROSSLEY ROAD, ZONE M-1, SECTION 20 (CASE CR-2024-0001).

RECOMMENDATION:

Adopt Resolution No. entitled “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY

REPORT FOR AGUA CALIENTE FUEL PALM SPRINGS ON TRIBAL TRUST LAND LOCATED AT 999 LAWRENCE CROSSLEY ROAD (APN: 680-564-002; 014; 017 & 018); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS;

AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2024-0001).”

December 12, 2024 City Council Regular Meeting Agenda 3 D. REAL PROPERTY DONATION AND DENSITY TRANSFER AGREEMENT

BETWEEN CITY OF PALM SPRINGS AND WATERMARKE VENTURES LLC,

AND DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
RECOMMENDATION:

Approve the accompanying Real Property Donation and Density Transfer Agreement.

E. APPROVE MASTER SERVICE AGREEMENT NO. 24S377 WITH FLOCK

GROUP INC, FOR REPLACEMENT OF THE CITYWIDE PUBLIC SAFETY

CAMERA SYSTEM
RECOMMENDATION:

Approve Master Service Agreement No. 24S377 for $899,982 with Flock Group Inc. for the replacement of the citywide public safety camera system utilizing the BSCC grant funds for a term of three years.

1. Authorize the City Manager or designee to execute all necessary documents.

2. F. HUMAN RIGHTS COMMISSION
RECOMMENDATION:

That the City Council grants the Human Rights Commission the ability to resume the consideration of new business effective immediately.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. OUTGOING COUNCIL MEMBER COMMENTS

3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED PUBLIC OFFICIALS

4. INCOMING COUNCILMEMBER COMMENTS

5. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
RECOMMENDATION:

Appoint Ron deHarte to the position of Mayor and Naomi Soto to the position of Mayor Pro Tem for a one-year term commencing upon appointment.

December 12, 2024 City Council Regular Meeting Agenda 4

6. OUTGOING AND INCOMING MAYOR COMMENTS

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on December 5, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

December 12, 2024 City Council Regular Meeting Agenda 5

Thursday, November 14, 2024
Minutes of the Closed Session Meeting of the City Council of the City of Palm Springs

CALL TO ORDER:

A Closed Session Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, November 14 , 2024, at 1:45 p.m.

ROLL CALL:

Present: Councilmembers Christy Holstege, Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PUBLIC TESTIMONY:

Tracy Conrad, Kitty Kielery Hayer, Ed Walsh, Veronica Rogers, Rev. Dan Kline, Pastor Jane Voig, Rabbi David Lazar, David Weiner, Pearl Devers, Brian Saber, Shivaun Marley Hiuman , and Diane McAlpine provided oral testimony.

RECESS TO CLOSED SESSION:

The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL—SIGNIFICANT EXPOSURE , Pursuant to Government Code Section 54956.9(d)(2):

Section 14 reparations Claim No. 22 -0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14; Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.

ADJOURNMENT:

The City Council adjourned the Closed Session meeting of Thursday, November 14 , 2024, at 4:45 p.m.

Item 1A - Page 1
Respectfully submitted,

______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 2

Thursday, November 14, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, November 14 , 2024, at 5:3 7 p.m.

PLEDGE OF ALLEGIANCE:

Joseph Manjarrez, a high school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Christy Holstege, Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.

Absent: Mayor Jeffrey Bernstein.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS : None.

PROCLAMATIONS: None.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCIL MEMBER HOLSTEGE, SECOND BY COUNCIL MEMBER GARNER, CARRIED 5-0, to accept the agenda.

PUBLIC TESTIMONY:

Wilma Session -Glover, Mikki Brown -Walton, Ben Mayfield, Gloria Gonzales, Doug Evans, Christina Genera-Martinez, Sharon Hendricks, Ted Barajas, Chris North, Cheryl Taylor, Samantha Nix Smith, Lisa D. Bernard, Yvonne Hill, Hilton Smith, Diane Johnson, Betty Mayfield-Taylor, Diane McAlpine, Pearl Devers, Ginny Foat, Lauren Wolfer, Charles Metcalf Jr., Makaiza Keesee, David Weiner, David Vignolo, Shamoya Holland, Stephanie Brown, Jane Dodd, Leticia Skinner, Nicole Panter Dailey, Sarena Nelson, Natalie Awad, Abraham Ishaq, Ilka H. Weston, Michael Howard, Brandy Lemmon , Item 1A - Page 3
Mark Raskin, Donald Roy, Iante Roy, Gloria Thompson, Kenneth Strange, Angie Godinez, Phillip Frazier, Desmond Johnson, Deiter Crawford, Yusef Miller, Nicole Reed, and Jurnee Ogden provided oral testimony .

1. CONSENT CALENDAR: None.

2. PUBLIC HEARINGS: None.

3. BUSINESS & LEGISLATIVE:

A. PROPOSED SETTLEMENT OF SECTION 14 CLAIM NO. 22-0903, DATED APRIL 27, 2022, FILED BY LAW OFFICES OF MONROW MABON AND BARRY J. BENNETT, ON BEHALF OF PEARL DEVERS, SURVIVORS & DESCENDANTS OF SECTION 14; CLAIM NO. 22 -0960, DATED NOVEMBER 29, 2022, FILED BY AREVA MARTIN, ESQ., MARTIN & MARTIN, LLP PEARL DEVERS & SECTION 14 SURVIVORS AND

DESCENDANTS

MOTION BY COUNCIL MEMBER GARNER, SECOND BY MAYOR BERNSTEIN , CARRIED 5-0, to approve the settlement package, adding a day of remembrance, and an update to the study by Architectural Resources Group, to permit a peer review process.

MOTION BY COUNCIL MEMBER HOLSTEGE, SECOND BY MAYOR BERNSTEIN , CARRIED 5-0, to approve the affordable housing program.

PUBLIC COMMENT:

Sarena Nelson, Nicole Panter Daile y, I lka Weston, Michael Howard, Abraham Isha , David Vignolo, Natalie Awad, and Brandy Lemmon provided non-agenda oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Council members Garner, Holstege, Mi ddleton; Mayor Pro Tem deHarte ; and Mayor Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, November 14, 2024, at 9:21 p.m.

Respectfully submitted,
______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:

Item 1A - Page 4
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Thursday, November 21, 2024
Minutes of the Special Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Special Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, November 21 , 2024, at 5:31 P.M.

PLEDGE OF ALLEGIANCE:

Camilla Quesada Buruca, an elementary school student, led the Pledge of Allegiance.

ROLL CALL:

Present: Councilmembers Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte , and Mayor Jeffrey Bernstein.

Absent: Councilmember Christy Holstege

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS : None.

PROCLAMATIONS:

Mayor Pro Tem deHarte reported that the following proclamations were issued :
• Blackbook Bar and Kitchen was honored October 31, 2024, for their recognition by entrepreneur magazine.
• The 6th annual Donald C. Cavanaugh Day took place on November 10th, 2024, recognizing the legacy of the Blue Coyote Bar and Grill.
• Mayor Will Kleindienst was honored on November 11th, 2024, for his courage and leadership in 1999 as the first Palm Springs Mayor to allow gay Veterans to march in the Veterans Day Parade. • Mariah Carey Day was proclaimed on November 13, 2024, for her emblematic status as the “Queen of Christmas”.
• Tristan Rogers was honored on November 18th, 2024, with the 471st star on the Palm Springs Walk of the Stars honoring him for his contributions in the fields of entertainment and humanitarianism. • Lisa Middleton Day was proclaimed on November 18th, 2024, in honor of Lisa’s 50 years of public service.

Item 1A - Page 5
City Council Minutes November 21, 2024
City of Palm Springs DRAFT Page 2

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER GARNER, CARRIED 4-0, to accept the agenda with removal of Consent Calendar Item No. 1HH for separate discussion.

PUBLIC TESTIMONY:

David A. Vignolo, Raymond LaFleur, Bill Mitchell, Chuck Nourrcier, Danny Kopelsch, Carlotta Rinke, and Ginny Foat provided public testimony.

1. CONSENT CALENDAR:

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER GARNER, CARRIED 4- 0, to approve the Consent Calendar with removal of Item No. 1HH for separate discussion.

A. APPROVAL OF MINUTES:

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to approve the City Council Meeting Minutes of October 24, 2024, and November 7, 2024.

B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF OCTOBER 1 THROUGH OCTOBER 31, 2024.

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of October 1 through October 31, 2024.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 3-0 (WITH RECUSAL FROM MAY OR PRO TEM DEHARTE) , to Adopt Resolution No. 25255 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 08 -31-24, 09-14-24, 09-28- 24, AND 10-12-24 TOTALING $10,479,599.69 AND ACCOUNTS PAYABLE WARRANTS DATED 08-29-24, 09-12-24, 09-26-24, 10-01-24 AND 10-10-24 TOTALING $22,322,930.08, IN THE AGGREGATE AMOUNT OF $32,802,529.77 DRAWN ON BANK OF AMERICA.

D. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2024

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to receive and file Treasurer’s Investment Report as of September 30, 2024.

E. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 24C296 WITH CARAHSOFT TECHNOLOGY CORP. FOR THE PURCHASE OF FLIGHT

INFORMATION DISPLAY SYSTEM SOFTWARE AND EQUIPMENT AND GATE MANAGEMENT SYSTEM, PART 139 INSPECTION MANAGEMENT SYSTEM, Item 1A - Page 6
City Council Minutes November 21, 2024
City of Palm Springs DRAFT Page 3

ASSET MANAGEMENT SYSTEM, AND COMPUTERIZED MAINTENANCE

MANAGEMENT SYSTEM SOFTWARE FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4 -0, TO Approve Cooperative Purchase Agreement No. 24C296 with Carahsoft Technology Corp. for the purchase of Flight Information Display System (FIDS) software and equipment and Gate Management System, Part 139 Inspection Management System, Asset Management System, and Computerized Maintenance Management System Software for the Palm Springs International Airport for a five-year term in an amount not to exceed $739,484.40.

F. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B289 WITH VIVID - ACCENT PAINTING CO. AND 24B290 WITH UNITED PAINT & COATINGS CO. FOR

ON-CALL PAINTING AND WALLCOVERING SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement 24B289 with Vivid-Accent Painting Co. to provide on-call painting and wallcovering services in an amount not to exceed $630,000 for the initial three-year term beginning December 1, 2024 through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B290 with United Paint & Coatings Co. to provide on-call painting and wallcovering services in an amount not to exceed $420,000 for the initial three-year term beginning December 1, 2024 through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

3. Authorize the City Manager or designee to execute all necessary documents.

G. APPROVE CONTRACT SERVICES AGREEMENTS NO. 24B235 WITH CAT CITY AUTO BODY INC., AND NO. 24B236 WITH MARVIN’S AUTO PAINT INC FOR AUTO

BODY REPAIR SERVICES

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement 24B235 with Cat City Auto Body, Inc., to provide auto body repair services in an amount not to exceed $722,050 for the initial three-year term beginning November 25, 2024, through November 24, 2027, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B236 with Marvin’s Auto Paint Inc., to provide auto body repair services in an amount not to exceed $309,450 for the initial three-year term beginning November 25, 2024, through November 24, 2027, with two one-year extension options at the City’s sole discretion; and

3. Authorize the City Manager or their designee to execute all necessary documents.

H. APPROVE CONTRACT SERVICES AGREEMENTS NO. 24B291 WITH GMAT, INC.

DBA INLAND OVERHEAD DOOR COMPANY, AND NO. 24B292 WITH PRECISION GARAGE DOORS & GATES INC. FOR OVERHEAD DOOR AND MOTORIZED GATE

REPAIR SERVICES

Item 1A - Page 7
City Council Minutes November 21, 2024
City of Palm Springs DRAFT Page 4

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement 24B291 with GMAT, Inc. DBA Inland Overhead Door Company, to provide overhead door and motorized gate repair services in an amount not to exceed $669,264.96 for the initial three-year term beginning December 1, 2024, through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B292 with Precision Garage Doors & Gates Inc., to provide overhead door and motorized gate repair services in an amount not to exceed $446,176.64 for the initial three-year term beginning December 1, 2024, through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

3. Authorize the City Manager or their designee to execute all necessary documents.

I. APPROVE AMENDMENT NO. 1 TO AGREEMENT 24B186 WITH MPG

CONSTRUCTION, LLC FOR ON -CALL BUILDING REPAIRS AND RENOVATION

SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 1 to Agreement 24B186 with MPG Construction, LLC for on- call building repair and renovation services for an additional amount of $200,000 and a total revised contract amount not to exceed $950,000 through September 15, 2027; and

2. Authorize the City Manager or designee to execute all necessary documents.

J. APPROVE GOODS PURCHASE AGREEMENT NO. 24B257 WITH PB LOADER

CORPORATION FOR A POTHOLE HOT PATCH TRUCK

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Goods Purchase Agreement No. 24B257 with PB Loader Corporation to provide a pothole patch truck for an amount not to exceed $227,521.13.

2. Authorize the City Manager or their designee to execute all necessary documents.

K. AUTHORIZE THE PURCHASE OF ONE NEW 2025 JOHN DEERE 320P BACKHOE IN AN AMOUNT NOT TO EXCEED $213,125.96

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve the issuance of a purchase order to R.D.Offutt company dba RDO Equipment Co., for the purchase of one new 2025 John Deere 320P Backhoe in an amount not to exceed $213,125.96, inclusive of the purchase price and sales tax of $193,750.87 and a 10% contingency of $19,375.09; and

2. Authorize the City Manager or designee to execute all necessary documents.

L. APPROVAL OF AMENDMENT NO. 5 TO THE POST -CONSTRUCTION SERVICES AGREEMENT WITH ENGIE SERVICES U.S., INC., RELATED TO THE OPERATION

AND MAINTENANCE OF THE MUNICIPAL CO-GENERATION PLAN
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City Council Minutes November 21, 2024
City of Palm Springs DRAFT Page 5

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 5 to Post-Construction Services Agreement (A8470) with ENGIE Services U.S., Inc., a Delaware corporation, for an addition of $39,206, for a revised contract amount not to exceed $3,359,411.94; during the initial term from April 1, 2020, through March 31, 2025; and

2. Authorize the City Manager or their designee to execute all necessary documentation.

M. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT 24C243 WITH MOTOROLA SOLUTIONS, INC., FOR PURCHASE OF

VIDEOMANAGER EL CLOUD WITH INTEGRATED IN-CAR VIDEO SYSTEMS

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, TO:

1. Approve Amendment No. 1 to Agreement 24C243 (Attachment A) with Motorola Solutions, Inc., to purchase of Video Manager El Cloud with integrated in-car video systems for public safety patrol vehicles for an additional amount of $79,075.15 for a total revised contract amount not to exceed $151,335.28; and

2. Authorize the City Manager or designee to execute all necessary documents

N. APPROVE AMENDMENT NO. 1 TO COOPERATIVE PURCHASE AGREEMENT 24C119 WITH RON TURLEY ASSOCIATES, INC., FOR INFORMATION SYSTEM

SAAS SUBSCRIPTION FOR FLEET MANAGEMENT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 1 to Agreement 24C119 with Ron Turley Associates, Inc., to for Information System SAAS Subscription for Fleet Management for an additional amount of $21,600 for a total revised contract amount not to exceed $96,509.40, for the initial term of June 5, 2024, through June 4, 2026; and

2. Authorize the City Manager or designee to execute all necessary documents.

O. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $93,408.75 FROM ALLSTAR FIRE EQUIPMENT, INC.

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER, CARRIED 4-0, to:

1. Authorize the purchase of 25 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment, Inc., pursuant to Sourcewell Cooperative Purchasing Contract 010424-LIO, in the amount of $93,408.75.

2. Authorize the City Manager or designee to execute all necessary documents.

P. APPROVE AMENDMENT NO. 2 TO AGREEMENT 23P056 WITH OFRS, INC., FOR

HOMELESS ENCAMPMENT AND SITE CLEAN-UP SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

Item 1A - Page 9
City Council Minutes November 21, 2024
City of Palm Springs DRAFT Page 6

1. Approve Amendment No. 2 To Agreement No. 23p056 With Ofrs, Inc. To Provide Homeless Encampment And Site Clean -Up Services For An Additional Amount Of $1,680,000 For A Total Revised Contract Amount Not To Exceed $2,880,000; And

2. Approval Of This Action Includes An Appropriation Of $720,000 From The General Fund Balance To Street Maintenance Contractual Services Account 1006515 -40105 In Fiscal Year 2024-2025; And

3. Authorize The City Manager Or Designee To Execute All Necessary Documents.

Q. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 24C282 FOR AN AERIAL DETECT AND AVOID RADAR SYSTEM FOR THE POLICE DEPARTMENT’S

DRONE AND COUNTER DRONE PROGRAM

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Cooperative Purchase Agreement No. 24c282 With Advexure, LLC For A Three-Year Term In An Amount Not To Exceed $581,750 Beginning November 15, 2024, Through November 14, 2027, With Two One -Year Extension Options, To Implement Radar Technology To Detect Local Aircraft During Drone Operations.

2. Authorize The City Manager Or Their Designee To Execute All Necessary Documents.

R. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P288 WITH THE RANCH RECOVERY CENTERS, INC. FOR REHABILITATION SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement No. 24p288 With The Ranch Recovery Centers, Inc. To Provide Rehabilitation Services For A One-Year Term In An Amount Not To Exceed $271,437.75 Beginning January 1, 2025, Through December 31, 2025, With One One-Year Extension Option At The City’s Sole Discretion; And

2. Authorize The City Manager Or Designee To Execute All Necessary Documents.

S. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9163 WITH GALLS, LLC

FOR UNIFORMS, EQUIPMENT, GEAR, AND BULLET-RESISTANT VESTS

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 1 To Agreement No. A9163 With Galls, LLC For Uniform And Equipment Services For $100,000 And Revised Agreement Amount Not To Exceed Amount Of $175,000 And A Term Of July 1, 2022 To December 31, 2026.

2. Authorize The City Manager Or Designee To Execute All Necessary Documents.

T. APPROVAL OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SAFE STREETS AND ROADS FOR ALL GRANT FROM THE U.S. DEPARTMENT OF

TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

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1. Adopt A Resolution No. 25256 Entitled, “A Resolution Of The City Council Of The City Of Palm Springs, California, Authorizing The Acceptance Of A Safe Streets For All Grant In The Amount Of $776,000 From The United States Department Of Transportation For A Comprehensive Safety Action Plan.”

2. Authorize The City Manager To Execute All Necessary Documents.

U. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND AUTHORIZE TO BID AIRPORT OUTFALL REPAIR PROJECT, AIRPORT PROJECT PSP-01

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER, CARRIED 4-0, to Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Airport Outfall Repair Project, Airport Project PSP-01 (“the Project”).

V. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN

INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt, and non -exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

W. APPROVE AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 23E228 WITH UNIVERSAL PROTECTION SERVICE, LP DBA ALLIED UNIVERSAL

SECURITY SERVICES FOR AVIATION WORKER AND INBOUND CARGO

SCREENING FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 2 to Contract Services Agreement No. 23E228 with Universal Protection Service, LP dba Allied Universal Security Services, to extend the Agreement term for two months, January 1, 2025, to February 28, 2025, for an additional amount of $44,512.35 and a total revised contract amount not to exceed $383,490.99, for aviation worker and inbound cargo screening for the Palm Springs International Airport.

2. Authorize the City Manager or designee to execute all necessary documents.

X. APPROVAL OF AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED SECURITY SERVICES (AGREEMENT NO. A8358)

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 4 to Agreement No. A8358 with Allied Universal Inc. for unarmed uniformed security guard and patrol services for various City facilities and locations.

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2. Authorize the City Manager or designee to execute Amendment No. 4 to the contract services agreement with Allied Universal Inc. for unarmed security services throughout the City.

Y. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B249 WITH ROBSON HANDLING TECHNOLOGY USA INC. FOR BAGGAGE HANDLING SYSTEM

PARTS FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement No. 24B249 with Robson Handling Technology USA Inc. to provide baggage handling system parts for the Palm Springs International Airport in an amount not to exceed $345,084.67 for the initial three-year term beginning November 25, 2024, through November 24, 2027, with two one-year extension options at the City’s sole discretion.

2. Authorize the City Manager or designee to execute all necessary documents.

Z. APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC) AND THE

CITY OF PALM SPRINGS FOR THE CONSTRUCTION OF PALM SPRINGS MASTER DRAINAGE PLAN (MDP) LINE 6, STAGE 3

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve a Cooperative Funding Agreement with the Riverside County Flood Control and Water Conservation District and the City of Palm Springs associated with the construction, operation, and maintenance of flood control improvements identified as Palm Springs Master Drainage Plan (MDP) Line 6, Stage 3; and

2. Authorize the City Manager to execute all necessary documents.

AA. APPROVE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PALM SPRINGS POLICE OFFICERS’

ASSOCIATION AND THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Adopt Resolution No. 25257 entitled “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING

THE MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
POLICE OFFICERS’ ASSOCIATION AND THE PALM SPRINGS POLICE

MANAGEMENT ASSOCIATION TO ADJUST THE ANNUAL LEAVE CASH-IN DAY.”

2. Authorize the City Manager to execute all documents necessary to effectuate this action.

BB. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE

VACANCY POSITION OF ASSISTANT DIRECTOR OF PARKS AND RECREATION Item 1A - Page 12
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FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE DECEMBER 9, 2024

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Adopt Resolution No. 25258 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPOINTING AN INTERIM

RETIRED ANNUITANT TO THE VACANCY POSITION OF ASSISTANT

DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H), EFFECTIVE DECEMBER 9, 2024.”

2. Authorize the City Manager to execute any documents necessary to effectuate the above actions.

CC. APPROVE A TASK ORDER WITH VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $80,488.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Authorize the City Engineer to issue a Task Order to Veolia Water West Operating Services, Inc. in an amount not to exceed of $80,488.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15 (“Project”);

2. Appropriate $80,488.50 from the Wastewater Fund balance; and

3. Authorize the City Manager or designee to execute all necessary documents.

DD. APPROVE CONTRACT SERVICES AGREEMENT NO. 24B272 WITH KINCAID INDUSTRIES, INC. FOR ON -CALL PLUMBING MAINTENANCE AND

INSTALLATION SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Services Agreement No. 24B272 with Kincaid Industries, Inc. to provide on-call plumbing maintenance and installation services for the Palm Springs International Airport in an amount not to exceed $980,000, for the full five-year term, which includes the initial three-year term beginning November 25, 2024 through November 24, 2027, and two one-year extension options at the City’s sole discretion.

2. Authorize the City Manager or designee to execute all necessary documents.

EE. APPROVE AGREEMENT NO. 24S349 WITH LEXIPOL TO PERFORM ANNUAL

POLICY MANUAL UPDATES FOR FIVE YEARS FOR THE PALM SPRINGS FIRE

DEPARTMENT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Agreement No. 24S349 with Lexipol, LLC to provide five years of annual policy manual updates as a Sole Source purchase with a total cost of $62,632.86.

2. Authorize the City Manager or designee to execute all necessary documents.

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FF. APPROVE CONTRACT CHANGE ORDER NO. 7 WITH STEVE P. RADOS, INC. IN THE AMOUNT OF $259,888.75 FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Change Order No. 7 in the amount of $259,888.75 to Agreement A9317 with Steve P. Rados for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07 (Project);

2. Appropriate $259,888.75 from the Wastewater Fund balance; and

3. Authorize the City Manager or designee to execute all necessary documents.

GG. APPROVE AMENDMENT NO. 1 TO AGREEMENT 23I309 WITH INSIGHT PUBLIC SECTOR, INC. FOR EMAIL PROTECTION SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Amendment No. 1 to Agreement No. 23I309 with Insight Public Sector, Inc. to provide three years of email protection services using Omnia Partners cooperative purchasing agreement #23-6692-03 with a total cost of $100,272 bringing the cumulative total spend to $121,850.

2. Authorize the City Manager or designee to execute all necessary documents.

II. APPROVE THE USE OF PUBLIC ART FUNDS FOR FOUNDATION, ON -SITE ASSEMBLY, AND INSTALLATION COSTS IN THE AMOUNT OF $70,000 FOR THE

PALM SPRINGS PRIDE MONUMENT BY ARTIST JIM ISERMANN AT FRANCES

STEVENS PARK

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY MAYOR BERNSTEIN , CARRIED 3-0 (WITH RECUSAL FROM MAYOR PRO TEM DEHARTE) to:

1. Approve expenditure of Public Art Funds in the amount of $70,000 for foundation, on-site assembly, and installation costs of the Pride Monument in Frances Stevens Park.

2. Appropriate Public Art Funds in the amount of $70,000.

3. Authorize the City Manager to execute all necessary documents to facilitate funding for the foundation, assembly, and installation of the artwork.

JJ. APPROVE THE EXPENDITURE OF PUBLIC ART FUNDS FOR FOUR ARTSCAPE IN PARKS PROJECTS AND APPROVE THE SELECTION OF 1) SHAPES AND SIZES BY BEN SINOR FOR INSTALLATION AT DESERT HIGHLANDS PARK, 2) ROVER BY JEFF ZISCHKE FOR INSTALLATION AT VICTORIA PARK, 3) DANCER 6 BY LYLE LONDON FOR INSTALLATION AT GATEWAY PARK, AND 4) SPEGODY BY JACK HOWARD-POTTER FOR INSTALLATION AT BARISTO PARK; AND
APPROPRIATE PUBLIC ART FUNDS IN THE AMOUNT OF $100,000.

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MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks project at Gateway Park.

2. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks project at Baristo Park.

3. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.

4. Approve the installation of Rover by Jeff Zischke at Victoria Park; Shapes and Sizes by Ben Sinor at Desert Highlands Park; Spegody by Jack Howard-Potter at Baristo Park; and Dancer 6 by Lyle London at Gateway Park.

5. Authorize the City Manager to execute all necessary agreements to implement the Artscape in the Parks Project.

KK. ENCROACHMENT AND LICENSE AGREEMENT FOR THE PLACEMENT OF THE

FOREVER MARILYN STATUE IN THE DOWNTOWN PARK, AND DETERMINING

SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to approve the accompanying Encroachment and License Agreement (Forever Marilyn).

LL. APPROVE CONTRACT CHANGE ORDER NO. 1 WITH MATICH CORPORATION IN THE AMOUNT OF $221,392.56 FOR THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21-27

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina corporation, to provide “on-call” Civil Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

2. Approve Professional Services Agreement with Engineering Resources of Southern California, Inc., a California corporation, to provide “on-call” Civil Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

3. Approve Professional Services Agreement with Harris & Associates, a California corporation, to provide “on-call” Civil Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

4. Approve Professional Services Agreement with Albert A. Webb Associates, a California corporation, to provide “on-call” Civil Engineering services for an initial three (3) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

5. Approve Professional Services Agreement with Dokken Engineering, a California corporation, to provide “on-call” Civil Engineering services for an initial three (3) Item 1A - Page 15
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year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $5,000,000; and

6. Authorize the City Manager or designee to execute all necessary Agreements and execute all task orders that fall under the Agreement value.

MM. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH KIMLEY - HORN AND ASSOCIATES, INC., A NORTH CAROLINA CORPORATION; ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., A CALIFORNIA CORPORATION; HARRIS & ASSOCIATES, INC., A CALIFORNIA CORPORATION; ALBERT A. WEBB ASSOCIATES, A CALIFORNIA CORPORATION; AND DOKKEN

ENGINEERING, A CALIFORNIA CORPORATION, FOR ON -CALL CIVIL

ENGINEERING SERVICES

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

1. Approve Contract Change Order No. 1 in the amount of $221,392.56 to Agreement 24B209 with Matich Corporation for the Airport Taxiway Rehabilitation, City Project No. 21-27 (Project); and

2. Authorize the City Manager to execute all necessary documents.

NN. UPDATING PROCESSES AND PROCEDURES FOR CITY GRANT MANAGEMENT

AND FUNDS DISBURSEMENT

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to adopt staff recommendations for procedures regarding grant management and funds.

OO. APPROVAL OF PARCEL MAP 38933 WITH WINTEC ENERGY LTD., A

CALIFORNIA CORPORATION

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 3-0 (WITH RECUSAL FROM COUNCILMEMBER MIDDLETON) to adopt a Resolution No. 25259 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 38933 WITH WINTEC ENERGY LTD, A CALIFORNIA CORPORATION, FOR PROPERTY LOCATED AT 18510 KAREN ROAD, IN SECTION 15, TOWNSHIP 3 SOUTH, RANGE 4 EAST This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

EXCLUDED CONSENT CALENDAR:

HH. APPROVE THE USE OF PUBLIC ART FUNDS FOR SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR THE AIDS MEMORIAL PUBLIC ARTS PROJECT

FOR DOWNTOWN PARK

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCIL MEMBER GARNER , CARRIED 4-0, to:

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1. Approve expenditure of Public Art Funds in the amount of $65,000 for preparation and installation costs of the AIDS Memorial The Well of Love at the Downtown Park.

2. Appropriate Public Art Funds in the amount of $65,000.

3. Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation of the artwork.

2. PUBLIC HEARINGS:

A. RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS FOR THE ACQUISITION BY EMINENT DOMAIN OF A PERMANENT

NON-EXCLUSIVE EASEMENT INTEREST IN A PORTION OF CERTAIN REAL

PROPERTY LOCATED IN PALM SPRINGS, COUNTY OF RIVERSIDE,

CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 513-144-012 FOR THE PLAZA THEATRE RESTORATION PROJECT

Dan Gore, Jeff Thomas, Ignazio Battaglia, Joseph Amodeo, Dean Maglieri, Lori Guldry, Vincent Whittaker-Atty, Marianna Dimercurio provided public hearing oral testimony.

MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN , CARRIED 4-0, to:

1. Conduct a public hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected Property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the Resolution of Necessity;

2. Make the following findings as hereinafter described in this report a)The public interest and necessity require the proposed Project; b) The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c)The real Property to be acquired is necessary for the Project; and d) The offer of just compensation has been made to the Property owner.

3. Adopt Resolution No. 25260 entitled, “RESOLUTION OF NECESSITY OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS FOR THE ACQUISITION

BY EMINENT DOMAIN OF A PERMANENT NON-EXCLUSIVE EASEMENT

INTEREST IN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN

PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 513-144-012 FOR THE PLAZA THEATRE RESTORATION PROJECT”

3. BUSINESS & LEGISLATIVE:

A. APPROVE AN UNFUNDED ACCRUED LIABILITY MANAGEMENT POLICY AND

AN ACTION PLAN TO PAY DOWN THE UNFUNDED ACCRUED LIABILITY WITH

FUNDS THE CITY COUNCIL HAS PREVIOUSLY SET ASIDE IN THE GENERAL

FUND AND AIRPORT RESERVES

MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCIL MEMBER GARNER, CARRIED 4-0, to:

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1. Approve an action plan to pay down the Unfunded Accrued Liability by sending CalPERS $28.9 million, paying off specific base year liabilities and placing $22.4 million in an irrevocable Section 115 Trust to use to pay down the liability at a point in the future.

2. Approve an Unfunded Accrued Liability Management Policy.

B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF UTILITIES AND

THE FORMATION OF UNDERGROUND UTILITY DISTRICTS

MOTION BY COUNCIL MAYOR PRO TEM DEHARTE , SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:

1. Conduct first reading and introduce Ordinance No. 2104 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF

UTILITIES AND THE FORMATION OF UNDERGROUND UTILITY
DISTRICTS.”

2. Approve Resolution No. 25261 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A

POLICY AND PROCEDURAL DOCUMENT, ENTITLED UNDERGROUND
UTILITY DISTRICT FORMATION GUIDELINES FOR RULE 20B AND
RULE 20C PROJECTS TO GUIDE RESIDENTS IN UNDERGROUNDING

OVERHEAD ELECTRICAL AND COMMUNICATION UTILITIES IN THEIR NEIGHBORHOODS.”

3. Authorize the City Manager to execute all necessary documents.

C. REQUEST TO ADD CHAPTER 14.28 TO THE PALM SPRINGS MUNICIPAL CODE

RELATING TO SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHTS - OF-WAY

MOTION BY COUNCIL MAYOR PRO TEM DEHARTE , SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:

1. Waive the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. 2105 entitled, “AN ORDINANCE OF

THE CITY OF PALM SPRINGS, CALIFORNIA, TO AMEND THE PALM SPRINGS MUNICIPAL CODE, TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER 14.28, “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF- WAY.”

D. INTRODUCTION OF AN ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44, MODIFYING SIGNAGE POSTING REQUIREMENTS AT

PARKS AND RECREATION AREAS

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCIL MEMBER MIDDLETON, CARRIED 4-0, to:

1. Waive the reading of the ordinance text in its entirety and read by title only.

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2. Introduce on first reading Ordinance No. 2106 entitled, “AN ORDINANCE OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE
POSTING REQUIREMENTS AT PARKS AND RECREATION AREAS.”
E. HUMAN RIGHTS COMMISSION SUBCOMMITTEE REPORT
No action was taken.

PUBLIC COMMENT:

Abraham Ishaq, Frank Tysen, Steve Somers provided non-agenda oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned the special meeting of Thursday, November 21 , 2024, at 8:52 P.M.

Respectfully submitted,
______________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL:

Item 1A - Page 19

CITY COUNCIL STAFF REPORT

DATE: DECEMBER 12, 2024 CONSENT CALENDAR

SUBJECT: ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Adopt a Resolution entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, REC ITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 , DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.”

BACKGROUND:

Pursuant to California Elections Code, the City Council shall adopt a resolution declaring the results of the November 5, 2024, General Municipal Election.

On November 5, 2024, a General Municipal Election was conducted in the City of Palm Springs. In accordance with Resolution No. 25201
, the Riverside County Registrar of
Voters provided a Certification to the Results and Canvass of the Election Returns. The proposed Resolution declares Naomi Soto and David Ready elected to the office of Member of the Palm Springs City Council for Districts 4, and 5 for terms ending December 2028, respectively. The election results for each office are itemized as follows:

Election for City Council Member, District 4

The following five (5) candidates appeared on the ballot (in the order listed) to fill one (1) vacancy on the City Council, District 4, for a full term of four (4) years, ending December 2028.

Candidate Name Votes Received Vote Percentage
Naomi Soto 1,525 31.18%
Joseph C. Jackson 1,268 25.93%
David Rios 1,071 21.90%
Ernest Ceceña 611 12.49%
Anna Nevenich 416 8.51%
Item 1B - Page 1
City Council Staff Report
December 12, 2024 -- Page 2
2024 General Municipal Election
Election for City Council Member, District 5
The following candidate appeared on the ballot (in the order listed) to fill one (1) vacancy on the City Council, District 5, for a full term of four (4) years, ending December 2028.

Candidate Name Votes Received Vote Percentage
David Ready 4,383 100%
Ballot Measure: Measure “J” Transactions and Use (Sales Tax) Additionally, in accordance with Resolution No. 25231, the Riverside County Registrar of Voters provided a Certification to the Results and Canvass of the Election Returns. The proposed Resolution deems Ordinance No. 2107, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING ARTICLE I (SECTIONS 3.22.010 THROUGH 3.22.140) OF CHAPTER 3.22 OF TITLE 3 OF THE PALM SPRINGS MUNICIPAL CODE TO EXTEND THE TERM OF MEASURE “J”, A ONE PERCENT (1%)

GENERAL TRANSACTIONS AND USE TAX (SALES TAX), BY REMOVING ITS SUNSET; AND MAKING VARIOUS TECHNICAL UPDATES TO THE SALES TAX ORDINANCE; TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF T AX AND FEE ADMINISTRATION;” (Measure “J”) adopted and ratified.

FISCAL IMPACT:

There
are no costs associated with adoption of this resolution. An invoice describing the costs to conduct the consolidated election with the County of Riverside has not yet been received by the City Clerk’s Office; however, the estimated cost of this election, based upon the cost of previous elections, was $90,000. Sufficient funds were budgeted in the adopted Fiscal Year 2024-24 Budget.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:

A. Resol
ution & Certification
B. Ordinance No. 2107
Item 1B - Page 2

ATTACHMENT A
Item 1B - Page 3
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF

THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW.

WHEREAS, a General Municipal Election was held and conducted in the City of Palm Springs, California, on Tuesday, November 5, 2024, as required by law; and

WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions the Election Code of the State of California and City Charter; and

WHEREAS, pursuant to Resolution No. 25201 and Resolution No. 25231, adopted by the City Council on May 23, 2024, and July 9, 2024, respectively, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council; said results are received, attached, and made a part hereof as “Exhibit A.”

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY
DETERMINES, DECLARES, APPROVES, AND RESOLVES:

SECTION 1. That the names of persons voted for at the election for Member of the City Council, District 4, for the term ending December 2028, are as follows:

• Naomi Soto
• Joseph Jackson
• David Rios
• Ernest Ceceña
• Anna Nevenich

SECTION 2. That the names of persons voted for at the election for Member of the City Council, District 5, for the term ending December 2028, are as follows:

• David Ready

Item 1B - Page 4
Resolution No.____

SECTION 3. The City Council, pursuant to its right and authority, ordered submitted to the qualified voters the following question and ordinance (Measure “J”):

“CITY OF PALM SPRINGS SALES TAX EXTENSION
MEASURE.

To continue funding for general City services such as
expanding police and fire services, maintaining and
improving streets, parks and infrastructure, supporting community non-profit organizations and improving the City library; shall the measure maintaining the Measure J City sales tax at a 1% rate and extending its term by repealing its March 31, 2037 expiration date/sunset, generating
approximately $22,000,000 annually until ended by voters, be adopted?”
Yes
No

SECTION 4. That the number of votes given at each precinct and t he number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and Measure “J” are attached hereto and incorporated herein as “Exhibit A” to this Resolution.

SECTION 5. The City Council does declare and determine that Naomi Soto and David Ready were elected to the offices of Member of the Palm Springs City Council, for Districts 4, and 5, for terms ending December 2028, respectively.

SECTION 6. The City Clerk shall enter on the records of the City Council a statement of the results of the election, showing:

a. The whole number of ballots cast in each District;

b. The names of the persons voted for;

c. The measure voted upon;

d. For what office each person was voted for;

e. The number of votes given at each precinct to each person, and for and against Measure “J";

f. The total number of votes given to each person, and for and against Measure “J".

SECTION 7. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into their respective office to which they have been elected.

Item 1B - Page 5
Resolution No.____

SECTION 8. The City Clerk shall certify to the adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 12th DAY OF DECEMBER, 2024.

Scott Stiles, City Manager

ATTEST:

Brenda Pree, MMC, CERA
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Resolution No. ___ is a full, true , and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 12 th day of December,
2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, MMC, CERA
City Clerk

Item 1B - Page 6
Resolution No.____

EXHIBIT A

Item 1B - Page 7
1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Joseph C.

Jackson
Ernest
Ceceña
Anna
Nevenich
Naomi Soto
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
CALIFORNIA Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
41st Congressional District Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
19th Senatorial District (Por. SB) Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
47th Assembly District (Por. SB) Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
St Bd of Equalization 4 (Por. SB,
SD, Org and Imp)
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
Riverside SOV
Riverside 2024 General Election November 5, 2024
1 Palm Springs City Council Dist 4
220
1071
1David Rios
19 513
319
1071
19 513
19 513
319
220
19 513
319
220
319
220
1071
513
319
220
1071
1071
19 19
513
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 99 of 163 Item 1B - Page 8
Riverside SOV
Riverside 2024 General Election November 5, 2024
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Riverside County Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - County Board of
Education Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Community
College Districts
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Desert Community College
District TA 3
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Palm Springs Unified School
District
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Unified School
Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
220
1071
319
1071
19 513
19 513
319
220
19 513
319
220
319
220
1071
513
319
220
1071
1071
19 220
1071
19 513
319
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 99 of 163 Item 1B - Page 9
Riverside SOV
Riverside 2024 General Election November 5, 2024
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Union High
School Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Elementary
School Districts
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Elementary
School Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
4th Supervisorial District Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
City of Palm Springs Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
City of Palm Springs Council
District #4
Total 6341 5479 86.41 % 1268 611 416 1525
1071
19 513
19 513
319
220
19 513
319
220
319
220
1071
513
319
220
1071
1071
19 220
1071
19 513
319
1071
19 513
319
220
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Riverside SOV
Riverside 2024 General Election November 5, 2024
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Unincorporated Total 6341 5479 86.41 % 1268 611 416 1525 414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Desert Healthcare District Total 6341 5479 86.41 % 1268 611 416 1525 414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Desert Healthcare District Zone 1 Total 6276 5422 86.39 % 1255 610 410 1519 414102 Total 65 57 87.69 % 13 1 6 6
Unincorporated - Health Care
Districts sub-district
Total 65 57 87.69 % 13 1 6 6
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Recreation &
Parks Districts
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Recreation &
Parks Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
19 513
19 513
319
220
319
220
1071
319
220
1052
1071
513
19 513
319
220
19 19
513
319
220
1071
1071
19 19
513
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Riverside SOV
Riverside 2024 General Election November 5, 2024
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Irrigation
Districts
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Sanitary
Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Water Agencies
sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - County Water
Districts
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - County Water
Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - Municipal Water
Districts sub-district
Total 6341 5479 86.41 % 1268 611 416 1525
414102 Total 65 57 87.69 % 13 1 6 6
220
1071
319
1071
19 513
19 513
319
220
19 513
319
220
319
220
1071
513
319
220
1071
1071
19 220
1071
19 513
319
19 Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 99 of 163 Item 1B - Page 12
Riverside SOV
Riverside 2024 General Election November 5, 2024
414105 Total 3058 2577 84.27 % 646 202 171 785
414107 Total 1681 1504 89.47 % 364 122 111 432
414110 Total 1537 1341 87.25 % 245 286 128 302
Unincorporated - California Water
Districts
Total 6341 5479 86.41 % 1268 611 416 1525
Contest Total 6341 5479 86.41 % 1268 611 416 1525
1071
1071
*** Indicates vote data was suppressed due to voter privacy settings. 513
319
220
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SOV
November 5, 2024
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November 5, 2024
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November 5, 2024
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November 5, 2024
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November 5, 2024
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November 5, 2024
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1 Registered
Voters
Voters Cast
Turnout (%)
David Ready
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
CALIFORNIA Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
41st Congressional District Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
19th Senatorial District (Por. SB) Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
47th Assembly District (Por. SB) Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
St Bd of Equalization 4 (Por. SB,
SD, Org and Imp)
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Riverside County Total 6570 5842 88.92 % 4383
Riverside
Riverside 2024 General Election
1 Palm Springs City Council
Dist 5
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Riverside
Riverside 2024 General Election
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - County Board of
Education Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Community
College Districts
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Desert Community College
District TA 3
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Palm Springs Unified School
District
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Unified School
Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Union High
School Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 100 of 163 Item 1B - Page 21
Riverside
Riverside 2024 General Election
Unincorporated - Elementary
School Districts
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Elementary
School Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
4th Supervisorial District Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
City of Palm Springs Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
City of Palm Springs Council
District #5
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Unincorporated Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Desert Healthcare District Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 100 of 163 Item 1B - Page 22
Riverside
Riverside 2024 General Election
415113 Total 2311 2104 91.04 % 1605
Desert Healthcare District Zone 1 Total 6570 5842 88.92 % 4383 415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Recreation &
Parks Districts
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Recreation &
Parks Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Irrigation
Districts
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Sanitary
Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Water Agencies
sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - County Water
Districts
Total 6570 5842 88.92 % 4383
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Riverside
Riverside 2024 General Election
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - County Water
Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - Municipal Water
Districts sub-district
Total 6570 5842 88.92 % 4383
415104 Total 1162 1009 86.83 % 716
415109 Total 3097 2729 88.12 % 2062
415113 Total 2311 2104 91.04 % 1605
Unincorporated - California Water
Districts
Total 6570 5842 88.92 % 4383
Contest Total 6570 5842 88.92 % 4383
*** Indicates vote data was suppressed due to voter privacy settings.

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November 5, 2024
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November 5, 2024
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November 5, 2024
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November 5, 2024
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1 Registered
Voters
Voters Cast
Turnout (%)
YES
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
CALIFORNIA Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
Riverside SOV
Riverside 2024 General Election November 5,
2024
1 Measure J - City of Palm Springs
Sales Tax Extension to Continue
Funding General City Services 37
375
72 534
1NO
680
657
375
402
304
658
724
154
553
684
18 680
37 375
532
6759
553
684
18 657
375
72 534
724
154
402
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Riverside SOV
Riverside 2024 General Election November 5,
2024
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
41st Congressional District Total 29413 24746 84.13 % 16479 411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
19th Senatorial District (Por. SB) Total 29413 24746 84.13 % 16479 411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
6759
304
658
532
534
724
154
553
684
680
37 375
72 658
532
6759
18 657
375
402
304
375
72 534
724
680
37 375
402
154
553
684
18 657
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 31
Riverside SOV
Riverside 2024 General Election November 5,
2024
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
47th Assembly District (Por. SB) Total 29413 24746 84.13 % 16479 411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
St Bd of Equalization 4 (Por. SB,
SD, Org and Imp)
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
304
658
532
680
37 375
72 6759
684
18 657
375
402
534
724
154
553
680
304
658
532
6759
724
154
553
684
18 37
375
72 534
657
375
402
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 32
Riverside SOV
Riverside 2024 General Election November 5,
2024
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Riverside County Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - County Board of
Education Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
532
6759
304
658
72 534
724
154
680
37 375
402
304
658
532
553
684
18 657
375
680
37 375
72 6759
18 657
375
402
534
724
154
553
684
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 33
Riverside SOV
Riverside 2024 General Election November 5,
2024
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Community
College Districts
Total 29413 24746 84.13 % 16479
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Desert Community College
District TA 3
Total 29413 24746 84.13 % 16479
411100 Total 0 0
Mt. San Jacinto Community
College Dist, Trustee Area 1
Total 0 0
411100 Total 0 0
Banning Unified School District Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
304
680
37 375
658
532
6759
553
684
18 657
375
72 534
724
154
6759
402
304
658
532
680
37 375
72 534
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 34
Riverside SOV
Riverside 2024 General Election November 5,
2024
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Palm Springs Unified School
District
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Unified School
Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
724
154
553
684
18 532
6759
657
375
402
304
658
72 534
724
154
680
37 375
402
304
658
532
553
684
18 657
375
680
37 375
72 6759
534
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 35
Riverside SOV
Riverside 2024 General Election November 5,
2024
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Union High
School Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Elementary
School Districts
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
18 657
375
402
304
724
154
553
684
680
37 658
532
6759
154
553
684
18 657
375
72 534
724
6759
375
402
304
658
532
534
680
37 375
72 Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 36
Riverside SOV
Riverside 2024 General Election November 5,
2024
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Elementary
School Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
4th Supervisorial District Total 29413 24746 84.13 % 16479 411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
724
154
553
304
658
532
6759
684
18 657
375
402
37 375
72 534
680
657
375
402
304
658
724
154
553
684
18 680
37 375
532
6759
72 534
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 37
Riverside SOV
Riverside 2024 General Election November 5,
2024
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
City of Palm Springs Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
City of Palm Springs Council
District #1
Total 5170 4012 77.60 % 2631
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
City of Palm Springs Council
District #2
Total 6004 5064 84.34 % 3340
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
City of Palm Springs Council
District #3
Total 5328 4398 82.55 % 2867
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
City of Palm Springs Council
District #4
Total 6341 5466 86.20 % 3660
553
684
18 657
375
724
154
6759
402
304
658
532
1164
534
680
37 375
72 553
684
1237
724
154
1412
402
1452
18 657
375
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 38
Riverside SOV
Riverside 2024 General Election November 5,
2024
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
City of Palm Springs Council
District #5
Total 6570 5806 88.37 % 3981
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Unincorporated Total 29413 24746 84.13 % 16479 411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
680
304
658
532
1494
724
154
553
684
18 37
375
72 534
532
6759
657
375
402
304
658
534
724
154
553
684
680
37 375
72 18
657
375
402
304
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 39
Riverside SOV
Riverside 2024 General Election November 5,
2024
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Desert Healthcare District Total 29413 24746 84.13 % 16479 411100 Total 0 0
411103 Total 0 0
San Gorgonio Memorial
Healthcare District
Total 0 0
411123 Total 116 102 87.93 % 62
411132 Total 323 274 84.83 % 185
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Desert Healthcare District Zone 1 Total 22656 19477 85.97 % 13116 411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411130 Total 1674 1322 78.97 % 889
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
414102 Total 65 54 83.08 % 29
Unincorporated - Health Care
Districts sub-district
Total 6757 5269 77.98 % 3363
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
658
532
6759
37 72
724
402
304
658
532
154
553
684
657
375
680
375
534
18 5152
680
37 375
72 1607
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 40
Riverside SOV
Riverside 2024 General Election November 5,
2024
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Recreation &
Parks Districts
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Recreation &
Parks Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
684
18 657
375
402
534
724
154
553
680
304
658
532
6759
724
154
553
684
18 37
375
72 534
532
6759
657
375
402
304
658
72 680
37 375
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 41
Riverside SOV
Riverside 2024 General Election November 5,
2024
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Irrigation
Districts
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Sanitary
Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
534
724
154
402
304
658
532
553
684
18 657
375
680
37 375
72 6759
18 657
375
402
304
534
724
154
553
684
680
37 658
532
6759
375
72 Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 42
Riverside SOV
Riverside 2024 General Election November 5,
2024
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Water Agencies
sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - County Water
Districts
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
154
553
684
18 657
534
724
6759
375
402
304
658
532
534
724
154
553
680
37 375
72 304
658
532
6759
684
18 657
375
402
37 375
72 680
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 43
Riverside SOV
Riverside 2024 General Election November 5,
2024
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - County Water
Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - Municipal Water
Districts sub-district
Total 29413 24746 84.13 % 16479
411100 Total 0 0
411103 Total 0 0
411113 Total 3057 2314 75.70 % 1495
411123 Total 116 102 87.93 % 62
411130 Total 1674 1322 78.97 % 889
411132 Total 323 274 84.83 % 185
412103 Total 0 0
534
657
375
402
304
658
724
154
553
684
18 680
37 375
532
6759
553
684
18 657
375
72 534
724
154
6759
402
304
658
532
680
37 375
72 Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 44
Riverside SOV
Riverside 2024 General Election November 5,
2024
412107 Total 1961 1579 80.52 % 950
412108 Total 3182 2719 85.45 % 1831
412117 Total 861 766 88.97 % 559
413103 Total 2162 1751 80.99 % 1097
413112 Total 3166 2647 83.61 % 1770
414102 Total 65 54 83.08 % 29
414105 Total 3058 2572 84.11 % 1755
414107 Total 1681 1498 89.11 % 1026
414110 Total 1537 1342 87.31 % 850
415104 Total 1162 1002 86.23 % 642
415109 Total 3097 2711 87.54 % 1885
415113 Total 2311 2093 90.57 % 1454
Unincorporated - California Water
Districts
Total 29413 24746 84.13 % 16479
Contest Total 29413 24746 84.13 % 16479
534
724
154
553
684
6759
*** Indicates vote data was suppressed due to voter privacy settings. 658
532
6759
18 657
375
402
304
Printed: Wednesday, December 4, 2024 1:51 PM Data Refreshed: Wednesday, December 4, 2024 1:46 PM Page 155 of 163 Item 1B - Page 45
AT

TACHMENT B
Item 1B - Page 46
ORDINANCE NO. 2107

AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING ARTICLE I (SECTIONS 3.22.010 THROUGH 3.22.140) OF CHAPTER 3.22 OF TITLE 3 OF THE PALM SPRINGS
MUNICIPAL CODE TO EXTEND THE TERM OF MEASURE “J”, A
ONE PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX
(SALES TAX), BY REMOVING ITS SUNSET; AND MAKING

VARIOUS TECHNICAL UPDATES TO THE SALES TAX
ORDINANCE; TO BE ADMINISTERED BY THE CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION

WHEREAS, pursuant to California Revenue and Taxation Code § 7285.9 the City of Palm Springs (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and

WHEREAS, the People of the City desire to amend Article I (sections 3.22.010 through 3.22.140) of Chapter 3.22 of Title 3 of the Palm Springs Municipal Code to extend the term of Measure “J”, a one percent (1%) general transactions and use tax (sales tax) on the sale and/or use of all tangible personal property sold at retail in the City, by removing its March 31, 2037 sunset and making it effective until ended by voters; and making various technical updates to the sales tax ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title and Text. This Ordinance shall be known as the Sales and Use Tax (Measure J Extension)”, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.

SECTION 2. Approval by the City Council. Pursuant to California Government Code § 53724 and Revenue and Taxation Code § 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two -thirds (2/3) supermajority of all members of the City Council on July 9, 2024.

SECTION 3. Approval by the Voters . Pursuant to California Elections Code §9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Palm Springs voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

SECTION 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.

Item 1B - Page 47

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

I hereby certify that the Palm Springs Measure J Extension of the General Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Palm Springs on the 12
th day of December, 2024.

Jeffrey Bernstein
Mayor

ATTEST:

Brenda Pree, MMC, CERA
City Clerk

Item 1B - Page 48

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2107 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council held on December 12, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 12th day of December 2024.

BRENDA PREE, MMC, CERA

CITY CLERK

Item 1B - Page 49

ATTACHMENT 1

“Chapter 3.22 – SALES AND USE TAX”

Article I Sales and Use Tax (Measure J)

Sections:

3.22.010 - Title.

3.22.020 - Purpose.

3.22.030 - Operative Date and Termination of Tax.

3.22.040 - Contract With State.

3.22.050 - Transactions Tax Rate.

3.22.060 - Place of Sale.

3.22.070 - Use Tax Rate.

3.22.080 - Adoption of Provisions of State Law.

3.22.090 - Limitations on Adoption of State Law and Collection of Use Taxes.

3.22.100 - Permit Not Required.

3.22.110 - Exemptions and Exclusions.

3.22.120 - Amendments.

3.22.130 - Enjoining Collection Forbidden.

3.22.140 – Independent Annual Audit

Sections:

3.22.010 – Title.

This article shall be known as the “Extended Measure J City of Palm Springs Local Transactions and Use Tax ”. This article shall be applicable in the incorporated territory of the City of Palm Springs hereinafter referred to as the "City." This article shall complement, and not replace or supersede, the city's existing Measure D transactions and use tax, as such tax is described in Article II of Chapter 3.22 of Title 3 of the Palm Springs Municipal Code.

3.22.020 – Purpose.

This article is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax to be applied throughout the entire territory of the City to the fullest extent permitted by law in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 of the Revenue and Taxation Code, which authorizes the City to adopt this article which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of t he tax at an election called for that purpose.

B. To adopt a retail transactions, sales and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California Item 1B - Page 50

insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions, sales, and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes.

D. To adopt a retail transactions, sales, and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this article.

E. To provide transactions, sales, and use tax revenue to the City to be used for the general governmental purposes of the City and with any transactions, sales, and use tax revenue received being placed into the City's general fund.

3.22.030 – Operative Date and Termination Date.

“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. The authority to levy the tax imposed by this article shall continue until this article is repealed by Palm Springs voters.

3.22.040 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions, sales and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.22.050 - Transactions and Sales Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailers from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this article.

3.22.060 - Place of Sale.

For the purposes of this article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out -of-state destination or to a common carrier for delivery to an out - Item 1B - Page 51

of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.22.070 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this article for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery i s made.

3.22.080 - Adoption of Provisions of State Law.

Except as otherwise provided in this article and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this article as though fully set forth herein.

3.22.090 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:

1. The word “State” is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this article.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not Item 1B - Page 52

otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In reference to S ections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder
.

3.22.100 - Permit not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this article.

3.22.110 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee Item 1B - Page 53

at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:

a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this article.

5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this article, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this article.

Item 1B - Page 54

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this article.

5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this article may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

E. Nothing in this article shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the Constitution of the United States or the Constitution of the State of California.

3.22.120 - Amendments.

All amendments subsequent to the effective date of this article t o Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this article, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this article.

Item 1B - Page 55

3.22.130 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the city, or against any officer of the State or the City, to prevent or enjoin the collection under this article, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.22.140 – Independent Annual Audit.

The proceeds resulting from this transactions, sales, and use tax shall be deposited into the City's general fund and become subject to the same independent annual audit requirements as other general fund revenue. The independent auditor's report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented annually to the City Council and made available for public review.

Item 1B - Page 56

CITY COUNCIL STAFF REPORT

DATE: DECEMBER 12, 2024 CONSENT CALENDAR

SUBJECT: ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR AGUA

CALIENTE FUEL PALM SPRINGS, AN AUTOMOBILE SERVICE
STATION, WHICH INCLUDE S A N 8,600- SF CONVENIENCE STORE WITH A 2,637-SF GAMING AREA, A 585-SF GAS ATTENDANT
BUILDING, A 23-FOOT-HIGH CANOPY , PARKING, AND NEW
LANDSCAPE ON A 3.6-ACRE TRIBAL TRUST PROPERTY LOCATED AT 999 LAWRENCE CROSSLEY ROAD, ZONE M-1, SECTION 20 (CASE CR- 2024-0001).

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

Under the Tribal/City Land Use Review Agreement (“ Agreement”), the City is to prepare an Administrative Analysis and Conformity Report for proposed projects on reservation lands owned by the Agua Caliente Band of Cahuilla Indians (“Tribe”). A proposal has been submitted for Agua Caliente Fuel Palm Springs, a new automobile service station, which includes an 8,600-SF convenience store with a 2,637- SF gaming area, a 585-SF gas attendant building, 24 gas/diesel fuel dispensers under a 23-foot-high canopy, 74 customer parking spaces, 12 covered EV charging stations , and new landscape . The project site is located between Dinah Shore Drive and Indian Springs Road on the west side of Lawrence Crossley Road, and it consists of four (4) parcels (APNs: 680-564-002; 014; 017; & 018), all of which are currently undeveloped.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR AGUA CALIENTE FUEL PALM SPRINGS ON TRIBAL TRUST LAND LOCATED AT 999 LAWRENCE CROSSLEY ROAD (APN: 680-564-002; 014; 017 & 018); DIRECTING

STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2024-0001).”

Item 1C - Page 1
City Council Staff Report
December 12, 2024 -- Page 2
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

LAND USE COORDINATION AGREEMENT:

The City and the Tribe entered into an Agreement on December 15, 1998 to facilitate an expedited process for the City to review and comment on development projects located on land owned directly by the Tribe. The Agreement identifies a schedule for project review. In accordance with the Agreement, the following schedule has been prepared for this project:

Item Timeline Required Proposed Timeline

1. Pre-Submittal N/A August 8, 2024

2. Submittal of Project
Report
At least 90 days prior to
Tribal approval
October 8, 2024

3. Administrative Review CC review 30 days after
submittal of Project Report
December 12, 20241

4. Conformity Report CC adopts within 30 days
of receiving Administrative
Review
December 12, 20241

5. Joint Meeting2 City and Tribal Councils
within 30 days of adopting
Conformity Report
December 19, 2024
(Requested by the Tribe
and staff to be waived)

6. Final Tribal Action 90 days after submittal of
Project Report
January 7, 2025
1The Administrative Review and adoption of the Conformity Report by the City Council may be consolidated into a single review per Section 7 of the Agreement. 2Joint meeting of the Tribal Council and City Council may be waived with the approval of both parties.

Section 7 of the Agreement states that “...with the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time and the normal process cannot be accommodated .” As analyzed in the following sections of this report, the proposed project is generally consistent with the General Plan and the zoning regulations.

Therefore, staff would propose that a joint meeting of the City Council and Tribal Council be waived.

PROPOSED PROJECT:

The project proposes a new automobile service station, Agua Caliente Fuel Palm Springs, at a 3.6-acre undeveloped site located between Dinah Shore Road and Indian Springs Road on the west side of Lawrence Crossley Road (999 Lawrence Crossley Road). The project site consists of four (4) parcels (APNs: 680-564-002; 014; 017; & 018), all of which are currently undeveloped. The proposed project will include the following development features:

Item 1C - Page 2
City Council Staff Report
December 12, 2024 -- Page 3
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

• A freestanding 8,600-SF convenience store at a maximum height of 29 feet with the potential future expansion of an additional 900 SF (9,500 SF at full buildout) • A 2,637-SF gaming floor within the convenience store
• A 585-SF gas attendant building at a maximum building height of 15.2 feet • A fueling station with 24 gasoline/diesel fuel dispensers under a 23- foot-high canopy with six (6) 11-vehicle queuing lanes leading to the fuel station • 74 customer parking spaces (uncovered), which include 5 handicapped spaces • 12 EV charging stations (covered), one of which is also a handicapped space • Trash and mechanical equipment enclosures
• New landscape
• Minor development features such as bike racks and a flagpole

ANALYSIS – ADMINISTRATIVE REVIEW:

The intent of the Administrative Review is to evaluate the adequacy of the public safety services, which include but are not limited to , fire, police, streets and any other City services that are necessary for the project. Additionally, the purview of the Administrative Review includes public welfare (e.g. health, safety), compatibility of the project with the surrounding properties, and the fiscal impact of the project. The Project Report has been circulated to the Fire Department , Department of Engineering Services , Department of Building & Safety, and Office of Economic Development . In response, the departments provided the following comments:

• Streets & Utilities: As explained in detail in the Street Improvement section of this report (page 9 ), the proposed project includes street improvements along the Lawrence Crossley Road and Dinah Shore Drive, as well as the improvemen t of the Lawrence Crossley Road/Dinah Shore Drive intersection in accordance with the City’s General Plan. The project report states, “ …the cost of these improvements is estimated at $1,500,000 over what minimal traffic related mitigation measures were identified in the Project Traffic Study.” A list of recommended conditions of approval has been prepared for the project and is included as an attachment to this report (Attachment B). • Development Impact Fees: While Tribal projects are typically exempt from the payment of impact fees, the Project Report states (Attachment D, page 5) that the proposed project will pay the standard development impact fees which are typically imposed by the City of Palm Springs for similar projects. These fees include sewer and drainage fees, public art fee, regional traffic impact (in-lieu of TUMF fees), and school fees.
• Public Safety: The Fire Department has stated that the project will have minimal impact to the provision of fire and emergency response services. The Fire Department is recommending a set of standard conditions of approval for the proposed project which would be imposed on similar projects in the City (Attachment B).

Item 1C - Page 3
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December 12, 2024 -- Page 4
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

• Taxes and Revenue: Being located on Tribal trust land, the project is exempt from the standard taxes such as property tax and sales tax. The only fiscal impact will be the development impact fees to be submitted by the Tribe.

As stated above, the project is recommended to be conditioned to pay the standard development impact fees as stated above, though Tribal projects are exempt from standard tax and fee collection. The proposed project includes street improvements along and at the intersection of Lawrence Crossley Road and Dinah Shore Drive. With the payment of the development impact fees and infrastructural improvements, the impact of the project on the City services will be minimal while allowing the community to benefit from the upgraded infrastructure, new employment opportunities, and more diversified commercial opportunities.

ANALYSIS – CONFORMITY REPORT:

Per the Agreement, the Conformity Report shall detail the conformance of the project to existing City rules and regulations, and the compatibility of the project with surrounding properties. The following tables and discussion provide an analysis of the project relative to the requirements of the Palm Springs Zoning Code (PSZC).

Site Area
Net Acres Approximately 3.6 Acres

Surrounding
Property
Existing Land Use
Per PSZC Chapter

92.00 Existing General Plan
Designation
Existing Zoning
Designation
Subject
Property Undeveloped
IND (Industrial)/NCC
(Neighborhood/Community
Commercial)
M-1
(Service/Manufacturing)
North
Commercial
Complex (Oasis
Plaza)/Commercial
(Superior Pool
Products)
IND/NCC M-1
South Undeveloped IND M-1
East Undeveloped TRC (Tourist Resort
Commercial) M-1
West Undeveloped IND M-1

Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
Lawrence Crossley Road Y Y Y
Indian Springs Road Y Y Y
Dinah Shore Drive Y Y Y
Item 1C - Page 4
I
City Council Staff Report
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Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

Pursuant to PSZC Section 92.17.03, the following development standards would apply:

Standard Required/
Allowed
Provided Compliance
Min. Lot Size 40,000 SF* 155,617 SF (Net) Y
Min. Lot Width 200 Feet 376 Feet Y
Min. Lot Depth 200 Feet 430 Feet Y
Min. Setbacks
• Front (East)
• Side (North)
• Side (South)
• Rear (West)

25 Feet
25 Feet
25 Feet
0 Feet

Approx. 71 Feet
Approx. 57 Feet
Approx. 33 Feet
Approx. 127 Feet

Y
Y
Y
Y
Max. Lot Coverage 60% 5.9 % Y
Max. Building Height 30 ~ 40 Feet 29 Feet Y
Perimeter Wall Height 4.5 ~ 8 Feet Not Proposed N/A
Trash Enclosure Enclosed Enclosed Y
Mechanical Equipment Enclosed Enclosed Y
*Due to the site’s adjacency to a secondary thoroughfare on its south and east sides.

In addition to PSZC Section 92.17.03 above, the proposed project would be subject to conditions that are specific to automobile service stations (PSZC Section 93.23.01). The conditions include the following:

Standard Required/
Allowed
Provided Compliance
Street Frontage 200 Feet 376 Feet Y
Adjacent Land Uses Project cannot be
adjoining an existing
hotel or residential
use.

The project site
does not adjoin an
existing hotel or
residential use.

Y
Min. Separation
Distance (School,
Park, Playground,
Church, Museum, or
Similar Use)
250 Feet Specified uses are
not located within
the 250-foot buffer.

Y
Min. Separation
Distance (Residential
Zone)
175 Feet Specified use is not
located within the
175-foot buffer.

Y
Min. Separation
Distance (Existing
Automobile Service
Station)
500 Feet Specified use is not
located within the
500-foot buffer.

Y
Min. Separation
Distance (Access from
Any Street Corner)
30 Feet 142 Feet Y
Item 1C - Page 5
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Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

Standard Required/
Allowed
Provided Compliance
Max. Utility Trailer
Storage for Rent
10 Vehicles Not Indicated N/A
Perimeter Wall
Requirement
6’-high wall along the
interior property line
is required if the
project abuts a
residential zone or as
deemed necessary
by the Planning
Commission.

The site is not
abutting a
residential zone,
and the project is
not subject to a
Planning
Commission
review.

Y
Min. Landscape
Requirement
10% 25% Y
Outdoor Lighting Subject to the
Outdoor Lighting
Standards (PSZC
Section 93.21.00)
Outdoor lighting
details are not
provided in the
Project Report.

Yes, if the
recommended
condition is
implemented.

Outside Operation
• Dispensing
gasoline, oil,
water, air, EV
charging and
other activities
• Display of tires,
oil, or other
products and
accessories
• Sale of LPG
(Liquid Propane
Gas) subject to
a Land Use
Permit (LUP)
The activities are
permitted subject to a
CUP.

Other than fuel
dispensing and EV
charging stations,
no outdoor sale
and/or display of
goods/service is
indicated. The
project under
review is a Tribal
project, and CUP
requirement is not
applicable.

While a CUP
is not
technically
required, the
proposed
project meets
the required
findings for
CUP
approval.

See pages 10
& 11 of this
report.

Building (Floor Plan)
Requirements
Building must provide
a space for:
1) Administrative
functions
2) Accessible public
restrooms

Y

Y

Y

Y
Accessory Commercial
Uses
(Retail sale of food,
Groceries, and
Sundries & Display
Must be conducted
within a building
Not outdoor
accessory
commercial uses
indicated.

N/A
Item 1C - Page 6
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Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

Standard Required/
Allowed
Provided Compliance
and Storage of
Accessory or
Secondary Non-
Automotive
Commercial Uses)
Signs Subject to the
requirements of
PSZC Section

93.20.00 (‘Signs’).

Signs details are
not provided in the
project report.

Yes, if the
recommended
condition is
implemented.

Min. EV Charging
Spaces
5 5 Y

In addition to the conditions shown in the table above, PSZC Section 93.23.01 provides additional land use, operational, and development conditions that cannot be confirmed at the time of the preparation of this report such as requirements relating to operational noise and alcoholic beverage sales. Staff is recommending the Tribe to consider implementing conditions relating to outdoor lighting and signage that are available in the Suggested Conditions of Approval section of this report (page 12). The Tribe reserves the final decision on this project and is not required to strictly adhere to all the City’s development standards or conditions.

Pursuant to Palm Springs 2007 General Plan Land Use Element, the following development intensity requirements would apply to the project:

General Plan Land Use
Designation
Permitted
FAR
Site Area Proposed
FAR
Compliance
IND (Industrial) Max. 0.50 Approx.

1.64 Acres

0.05 Y
NCC
(Neighborhood/Community
Commercial)
Max. 0.35 Approx.

1.93 Acres

0.06 Y

Pursuant to PSZC Sections 92.17.03(H) and 93.06.00, the following parking standards would apply to the project:

Item 1C - Page 7
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December 12, 2024 -- Page 8
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

Parking Requirement
Use SF or #
of Units
Parking
Ratio
Required Provided
Comp. Reg. Handi-
cap Reg. Handi-
cap
Convenience
Store

5,963
SF & 1
water/air
dispens
er

1 space/200
SF (Gross
Floor Area)
& 1 space
for
water/air
dispenser

30.8 2

86**

5***

Automobile
Service
Station

Gaming 96 Slots 1 space/4
seats*
24* 1
TOTAL SPACES REQUIRED 54.8 ≈
55 3 86** 5*** Y
*PSZC Section 93.06.00 does not provide an off-street parking requirement for gaming. The off- street parking was calculated in accordance with PSZC Section 93.06.00(D)(30) (Place of Public Assembly).
**Includes 12 EV charging stations and 5 handicapped spaces. ***Includes 1 EV charging station.

LAND USE:

The site’s General Plan land use designation is split into Industrial (IND) and Neighborhood/Community Commercial (NCC). The two (2) parcels along the west project boundary line are designated IND, while the remaining parcels on the east side are NCC.

Per Palm Springs 2007 General Plan Land Use Element on page 2-8, the IND designation area is intended for various industrial and ancillary retail commercial uses that support the community and the City’s character as a resort community. “Convenience commercial uses” that support the adjacent residential uses by providing day-to-day basic necessities and services are encouraged in the NCC land use designation area (Palm Springs 2007 General Plan, page 2-6). The proposed automobile service station use is consistent with the intent of both the IND and NCC General Plan land use designation areas.

The zoning designation of the project site is Service/Manufacturing ( M-1), which is intended for commercial services and manufacturing activities. In the M -1 Zone, automobile service stations and convenience stores are permitted subject to a Conditional Use Permit (CUP) (PSZC Section s 92.17.01.D.5 & 22). However, as a project on Tribal trust land, the City’s CUP requirement does not apply. The proposed facility will also include a gaming area. The only zone in which gaming activities are allowed in the City is the Gaming (“G”) Overlay Zone; however, City ordinance does not apply to the gaming Item 1C - Page 8
City Council Staff Report
December 12, 2024 -- Page 9
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

facilities that are owned and /or operated by the Tribe pursuant to the Indian Gaming Regulatory Act.

STREET IMPROVEMENT:

The proposed project includes street improvement s along the west side of Lawrence Crossley Road and the north side of Dinah Shore Drive, which include the following:

1. Replacement of existing 5-foot-wide sidewalks with 8-foot-wide sidewalks.

2. Installation of a right-hand turn deceleration lane on the westbound side of Dinah Shore Drive leading to the project site.

3. Installation of a landscaped median on Lawrence Crossley Road between Indian Springs Road and Dinah Shore Drive to prevent left turns from and into the project site.

Additionally, the Tribe will improve the intersection of Dinah Shore Drive and Lawrence Crossley Road in accordance with the General Plan Circulation Element specifications as a part of the proposed project. The upgrading work will include:

1. Widening of Lawrence Crossley Road from north and south leading up to the intersection of Dinah Shore Drive and Lawrence Crossley Road.

2. Installation of dedicated right -hand turn lanes on the west bound and eastbound sides of Dinah Shore Drive and the northbound and southbound sides of Lawrence Crossley Road.

3. Extending the eastbound left-turn lane on Dinah Shore Drive.

4. Increasing the corner radii at the intersection, where feasible.

5. Relocation of the existing storm water inlets to accommodate the street widening mentioned herein.

6. Relocation and replacement of the traffic signals per City and CV -Sync requirements.

SITE DESIGN, ARCHITECTURAL, & LANDSCAPE FEATURES:

The project site is accessible via Lawrence Crossley Road, Dinah Shore Drive, and Indian Springs Drive. The proposed project is designed with multiple freestanding structures.

The fuel dispensing area is located at the southeast corner of the site to provide adequate space for queuing. Parking spaces will be located at the open space between the freestanding structures and along the west property line. All development features are connected and accessible via internal drive aisles.

Were this project on land under City jurisdiction, t he physical development of the s ite would be subject to the review criteria set forth in the Development Permit and Architectural Review sections of the Zoning Code (PSZC Sections 94.04.00 & 94.04.01), which are intended to implement the goals and policies of the General Plan Community Design Element which aims for architectural style that is “…attractively designed in styles, Item 1C - Page 9
City Council Staff Report
December 12, 2024 -- Page 10
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

colors, and materials appropriate to the City and the surrounding natural environment ” (Palm Springs 2007 General Plan, page 9-3). For purposes of this Review, t he architectural style of the primary building is contemporary, which exhibits simplistic rectangular forms throughout. A monotonous appearance is avoided by breaking up the building massing and incorporating varying building heights, as well as minor architectural features such as horizontal precast concrete boards, canopies, and vertical strip accents and grids on the building elevations. The proposed desert-neutral color palette consists of grey and reddish brown, and the same color theme is proposed for the fueling station canopy. The design proposes consistent architectural treatments on all sides for all proposed structures, incorporates shading elements, and the proposed construction materials (e.g. stucco, aluminum, concrete) and colors are appropriate for the local desert environment.

Both the perimeter and interior space of the project site are designed with layers of plant materials to soften and reduce the visual impact of the hardscape and parking, which is encouraged by the Community Design Element (Palm Springs 2007 General Plan, page 9-35). Staff recommends minor changes to the proposed landscape design to provide additional shade for the pedestrian sidewalks along Lawrence Crossley Road and Indian Springs Road for more enhanced pedestrian experience and comfort. The recommended conditions are stated on page 12 of this report.

CRITERIA – CONDITIONAL USE PERMIT (CUP):

The Agreement requires that proposed project be evaluated for compatibility with surrounding properties and conformance to code requirements. Were this project on land within City jurisdiction, the City would evaluate compatibility and conformance through a CUP process. Therefore, the following analysis evaluates the project against the criteria contained in PSZC Section 94.02.00 for Conditional Use Permit applications.

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.

The subject property is zoned M-1 ( Service/Manufacturing). Pursuant to PSZC Sections 92.17.01(D)(5) and (22), automobile service stations and convenience stores are permitted in the zone subject to a Conditional Use Permit. Therefore, the proposed project is consistent with this requirement.

2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.

The proposed project is consistent with the intent of the IND (Industrial) and NCC (Neighborhood/Community Commercial) General Plan land use designation areas, which encourage various types of industrial and ancillary retail commercial Item 1C - Page 10
City Council Staff Report
December 12, 2024 -- Page 11
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

uses, in addition to commercial services that support the nearby residences. As a part of the project, Lawrence Crossley Road and Dinah Shore Drive will be improved along with its intersection for improved traffic circulation.

3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The size of the project site is approximately 3.6 acres, and it is adequate in size to accommodate the proposed uses. The proposed project more than meets the minimum yard setbacks o n all sides, and it proposes landscape as a medium to minimize the view of the parking from the street and to provide shade for the parking area as encouraged by the General Plan Community Design Element (Palm Springs 2007 General Plan, Goal CD 15, page 9-35).

4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.

The proposed use will increase the amount of traffic the general area of the site.

According to the Tribal Environmental Policy Act ( TEPA) Environmental Assessment included in the Project Report, the Level of Service (LOS) studied at the intersection of Lawrence Crossley Road and Dinah Shore Drive currently does not meet the minimum LOS stipulated in the General Plan. However, as a part of the project, the Tribe is improving the street section in accordance with the General Plan specifications. With the implementation of this infrastructur e upgrade, the adjacent streets will be adequate to support the traffic which will be generated by the proposed project.

5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.

Recommended Project conditions are included as an attachment to this report, and are intended to address issues of public health, safety and welfare. Per the Agreement, the Tribal Council may consider the proposed conditions but may approve or modify the Project in any way it deems appropriate.

ENVIRONMENTAL ASSESSMENT
:

A draft Environmental Assessment has been prepared by the Tribe for the project in accordance with the Tribal Environmental Policy Act (TEPA). The assessment analyzes the impacts of the project related to land and water resources, air quality, living resources, cultural resources, socioeconomic conditions, land use, transportation, noise, recreation, Item 1C - Page 11
City Council Staff Report
December 12, 2024 -- Page 12
Case CR-2024-0001 – Agua Caliente Fuel Palm Springs

public safety, and climate change. Based on the analysis and proposed mitigation measures stated in the Environmental Assessment, the Project Report states that no adverse environmental impacts are anticipated.

SUGGESTED CONDITIONS OF APPROVAL:

The City has developed a set of suggested conditions of approval for consideration by the Tribe in its review of the proposed project. These conditions are attached and made a part of this Conformity Report, and they include recommendations for compliance with various City and State ordinances and regulations. The Tribe reserves the final decision on this project and is not required to strictly adhere to all the City’s development standards. In addition to the recommended conditions that are attached to this report (Attachment B), staff recommends the Tribe to consider the conditions below for the proposed project:

1. Outdoor lighting fixtures to be installed in accordance with the City’s Outdoor Lighting Standards (PSZC Section 93.21.00).

2. On-site signs, including the freestanding/monument signs, to be installed in accordance with the City’s Sign Ordinance for commercial properties (PSZC Section 93.20.05).

3. Install additional shade trees in the south planting bed along Lawerence Crossley Road to provide shade for the adjacent pedestrian sidewalk.

4. Stagger and relocate the Chilean Mesquite proposed in the north planting bed along Lawerence Crossley Road to provide shade for the adjacent pedestrian sidewalk.

5. Relocate a few of the Desert Museum Palo Verde proposed along Indian Springs Road closer to the street to provide shade for the adjacent pedestrian sidewalk.

FISCAL IMPACT:

Being located on Tribal trust land, the project is exempt from the standard taxes such as property tax and sales tax. The only fiscal impact will be the development impact fees to be submitted by the Tribe.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution and Recommended Conditions of Approval C. Tribal/City Land Use Coordination Agreements
D. Project Report
Item 1C - Page 12

ATTACHMENT A
Item 1C - Page 13

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

CR-2024-0001
Agua Caliente Fuel Palm Springs
999 Lawrence Crossley Road (APNs: 680-564-002; 014; 017; & 018) Item 1C - Page 14
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ATTACHMENT B
Item 1C - Page 15
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A

CONFORMITY REPORT FOR AGUA CALIENTE FUEL

PALM SPRINGS ON THE TRIBAL TRUST LAND LOCATED
AT 999 LAWRENCE CROSSLEY ROAD (APN: 680-564-002;
014; 017 & 018); DIRECTING STAFF TO TRANSMIT THE

REPORT TO THE TRIBAL COUNCIL OF THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING

THE JOINT MEETING BETWEEN THE CITY COUNCIL AND
TRIBAL COUNCIL (CASE CR-2024-0001)

WHEREAS, On December 15, 1998, the City Council of the City of Palm Springs (“City”) and the Tribal Council of the Agua Caliente Band of Cahuilla Indians (“Tribe”) entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe’s final approval and authority over projects on Tribal Trust Land.

WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement (“Agreement”).

WHEREAS, On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract (“Contract”), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands.

WHEREAS, On October 8, 202 4, the Tribe submitted a Project Report and draft Environmental Assessment to the City for “ Agua Caliente Fuel Palm Springs ,” an automobile service station and a convenience store which includes a gaming area (“Project”), on an undeveloped 3 .6-acre site located at 999 Lawrence Crossley Road (
APNs: 680-564-002; 014; 017; & 018).

WHEREAS, the Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement.

WHEREAS, on December 12, 2024, the City Council conducted a public meeting and considered the matter, including the Project Report, the draft Environmental Assessment, the Administrative Review, the Conformity Report, related exhibits and studies, and public testimony.

WHEREAS, the City Council has concluded that the proposed Project is generally consistent with the goals and objectives of the City of Palm Springs General Plan and the Item 1C - Page 16
Resolution No. _____

development standards of the Palm Springs Zoning Code and that the project is found to be conforming under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Conformity Report, dated November 12, 202 4, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe.

SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2024-0001), as outlined in the Agreement, is hereby waived:

Section 5. Joint Meeting.

“Within thirty (30) days (of the City Council’s adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.”

ADOPTED THIS 12TH DAY OF DECEMBER, 2024
.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1C - Page 17
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 1C - Page 18
RESOLUTION NO._______

EXHIBIT A

Case CR-2024-0001

999 Lawrence Crossley Road
(APNs: 680-564-002; 014; 017; & 018)

December 12, 2024

RECOMMENDED CONDITIONS OF APPROVAL

The recommended conditions below are provided by the Director of Planning Services, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition.

PLANNING SERVICES CONDITIONS:

PLN 1. Water Efficient Landscaping Conformance
. It is recommended that the
project conform to the Water Efficient Landscape Ordinance (Chapter

8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning Services for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 2. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

PLN 3. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall Item 1C - Page 19
Conditions of Approval - Case CR-2024-0001
December 12, 2024

be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community -wide system and shown on the City’s master plan).

PLN 4. Impact Fees
. The developer shall pay to the City or designated entity (e.g. Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (in-lieu of TUMF fees).

PLN 5. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.

ENGINEERING SERVICES CONDITIONS:

The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

STREETS

ENG 1. It is recommended that any improvements within the public right -of- way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

Item 1C - Page 20
Conditions of Approval - Case CR-2024-0001
December 12, 2024

ENG 2. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant’s Engineer of Record.

ENG 3. It is recommended that applicant construct offsite improvements per the approved street improvement plans dated
________TBD__________by the City of Palm Springs.

ENG 4. It is recommended that all Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

CROSSLEY ROAD (WEST CURB LINE)

ENG 5. It is recommended the applicant submit landscaping, lighting and irrigation system improvement plans for review and approval by the City Engineer. The irrigation system and lighting shall be separately metered from the parkway landscaping. Maintenance of the median island under an agreement between the City (city to provide agreement) and Applicant (HOA, entity and their successors or assignees) for perpetual maintenance by the applicant. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of encroachment or building permits, unless otherwise allowed by the City Engineer

ENG 6. It is recommended the applicant remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards as it relates to the approved street improvement plans for the project.

ENG 7. It is recommended that all broken or off grade existing street improvements along the project frontage shall be repaired or replaced.

ON-SITE

ENG 8. It is recommended t he minimum pavement section for all on- site pavement for private streets shall be 3 inches asphalt concrete Item 1C - Page 21
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December 12, 2024

pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 9. It is recommended that drive isles and parking areas be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

SANITARY SEWER

ENG 10. It is recommended a ll sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system).

New laterals shall not be connected at manholes.

GRADING

ENG 11. It is recommended the applicant submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit.

a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396- 3752, or at http://www.AQMD.gov . A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.

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b. The first submittal of the Grading Plan shall inc lude the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan.

ENG 12. It is recommended p rior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at
ACBCI-
[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 13. It is recommended the applicant In accordance with an approved PM -10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

ENG 14. It is recommended the temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed.

Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 15. It is recommended Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 16. It is recommended A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009- DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Item 1C - Page 23
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Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

ENG 17. It is recommended this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP) Meeting EPA standards (state requirements not required). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (includin g Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up- to-date SWPPP shall be kept at the project site and be available for review upon request.

ENG 18. It is recommended the applicant In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 19. It is recommended the applicant submit a Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

ENG 20. It is recommended the applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 21. It is recommended the applicant In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA -1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

WATER QUALITY MANAGEMENT PLAN

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ENG 23. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre- treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on- site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development (if any).

ENG 24. It is recommended that a Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP ’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

DRAINAGE

ENG 24. It is recommended a ll stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required.

ENG 26. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre- treating contaminated stormwater and non- stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre- treat contaminated stormwater and non- stormwater runoff from the project site, Item 1C - Page 25
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prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on- site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development.

ENG 27. It is recommended the applicant submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

ENG 28. It is recommended that all on- site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on- site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.

GENERAL

ENG 29. It is recommended that any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

ENG 30. It is recommended that all proposed utility lines shall be installed underground.

ENG 31. It is recommended that nothing shall be constructed or planted in the corner cut -off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

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ENG 32. It is recommended that all proposed trees within the public right -of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

MAP

ENG 32. It is recommended that right of way dedications to accommodate street improvements will be performed under separate instrument by ACBCI authority.

TRAFFIC

ENG 33. It is recommended a minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 37. It is recommended that all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer.

ENG 38. It is recommended that stop signs, stop bars, and “STOP” legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620 -625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer.

ENG 39. It is recommended that construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

FIRE DEPARTMENT CONDITIONS:

FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire Item 1C - Page 27
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codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers and a fire alarm system based on the change of use.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

FID 4. Shall install to the 2022 California Fire Code, Chapter 23 Fuel Dispensing.

FID 5. Plans and Permits (CFC 105.1):

Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Upon approval, the Fire Prevention Bureau will retain one set.

A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.

Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

FID 6. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall Item 1C - Page 28
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have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 7. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 8. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 9. Dead Ends: Dead -end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 10. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.

FID 11. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C -16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.

FID 12. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C -10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.

FID 13. Private Fire Hydrants: This development will require private fire hydrants and double check detector assemblies. Please speak with Desert Water Agency.

FID 14. Fire Extinguishers: Shall provide 2A 10BC fire extinguishers every 75’. Shall mount 3-5’ off the ground.

END OF CONDITIONS
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ATTACHMENT C
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Z Attachment 4
APPENDIX 4

AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT #1324A R19450, 1-6-99

THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS (“Agreement”) is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal. Council (the “Tribe”), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the City). This Agreement is made with reference to the following:

RECITALS:

A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State law. The trust land of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent with principles of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the “Land Use Agreement”), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust Z Attachment 4:1 Supp 0, Xxx 20xx
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PALM SPRINGS CODE
by the United States for the tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and F. WHEREAS, the Tribe has generally supported development consistent with the City’s General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner.

The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City’s and the Tribe’s normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City.

IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Pre-Submittal.

Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building.

2. Submission of Report.

When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project including preliminary or schematic design, the Tribe shall submit to the City a report on the Project (“Project Report”). As used herein, “Reservation” means those lands whose legal description is set forth in Exhibit A hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City’s and the Tribe’s development standards, an analysis of the fiscal impact of the Project and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law.

The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of Z Attachment 4:2 Supp 0, Xxx 20xx
Item 1C - Page 32
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the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe’s planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when development is contemplated, and when the development is contemplated, and when the development can be described and its impacts forecast.

3. Administrative Review.

Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City’s existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the city necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes charges, and assessments; to the extent that any of such revenues will not accrue to the city, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result and what the overall economic impact will be of the Project on the city. Within thirty (30) days of the City Manager’s receipt of the Report from the Tribe, the City shall prepare the “Administrative Analysis” of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval.

4. City Council Conformity Report.

The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council’s Conformity Report (“Conformity Report”). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis.

5. Joint Meeting.

Upon the City Council’s adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.

6. Final Tribal Action.

At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Z Attachment 4:3 Supp 0, Xxx 20xx
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Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law.

7. Waiver.

With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated.

8. Amendments.

This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party.

9. Approval.

This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.

10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.

This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels.

11. Lands Located Outside Reservation.

The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 CFR. § 151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels.

IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written.

CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.

Will Kleindienst, Mayor
Z Attachment 4:4 Supp 0, Xxx 20xx
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Attest:

Judith Sumich, City Clerk
Approved as to form:

David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A

AGUA CALIENTE BAND OF CAHUILLA

INDIANS,
a federally-recognized Indian tribe
By:

Richard M. Milanovich, Chairman
Approved as to form:

Art Bunce, Tribal Attorney
Z Attachment 4:5 Supp 0, Xxx 20xx
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ATTACHMENT D
Item 1C - Page 36

AGUA CALIENTE FUEL PALM SPRINGS

PROJECT REPORT

Prepared by:

AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264

October 7, 2024
Item 1C - Page 37
---~
~ .., ..

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 i

TABLE OF CONTENTS
Sections
I. INTRODUCTION .................................................................................................................. 1 II. EXISTING CONDITIONS ..................................................................................................... 2 III. STATEMENT OF PROJECT.................................................................................................... 2 IV. ARCHITECTURAL AND LANDSCAPE CONCEPT ................................................................. 4 V. ENVIRONMENTAL ANALYSIS ............................................................................................. 5 VII. FISCAL IMPACT ANALYSIS ................................................................................................. 5 Tables
TABLE 1 DEVELOPMENT STANDARDS COMPARISON ........................................................ 3 Exhibits

EXHIBIT A PROJECT SITE LOCATION

EXHIBIT B EXISTING SITE CONDITIONS

EXHIBIT C PROJECT SITE PHOTOS

EXHIBIT D SITE PLAN

EXHIBIT E ARCHITECTURAL ELEVATIONS

EXHIBIT F FLOOR PLAN

EXHIBIT G PRELIMINARY LANDSCAPE PLAN

Appendices
APPENDIX A TEPA Environmental Assesment

Item 1C - Page 38

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 1 I. INTRODUCTION

Agua Caliente Fuel Palm Springs ( the “Project”) is a fuel station with 24 gasoline/diesel fuel dispensers and a convenience store with a gaming area proposed to be constructed on approximately 3. 6 acres of Tribal Trust land (the “Project Site”) of the Agua Caliente Band of Cahuilla Indians (“Tribe”). The Project Site is located in Section 20, T ownship 4 South, Range 5 East of the San Bernardino Base and Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation at the northwest corner of Dinah Shore Drive and Lawrence Crossley Road (See Exhibit A, Project Site Location Map).

As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs ( the “City”) dated December 15, 1998, the Tribe has prepared this report on Agua Caliente Fuel Palm Springs (the “Project Report”) for the City’s administrative review. The following key Tribal and/or City actions establish the project approval process for Tribal lands:

1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324 (the “Land Use Agreement”) adopted by City Council Resolution No. 12298. Pursuant to the Land Use Agreement, the parties agreed that applications for issuance of permits an d development pertaining to Indian Trust lands would initially be processed through the City, with the City collecting its normal fees and charges.

Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the r ight to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust lands, with the decisi on of the Tribal Council being final, after considering the recommendation of the Indian Planning Commission, as well as applicable Federal and Tribal law.

2. On January 5 and July 27, 1995 , the City and the Tribe amended the Land Use Agreement with Supplement Nos. 3 and 4, respectively, which exempted certain Tribal lands from the Land Use Agreement.

3. On December 15, 1998, the Trib e and City entered into the aforementioned Land Use Coordination Agreement, which provides for City review and comment on projects exempted from the Land Use Agreement, while retaining the Tribe’s final approval and authority over projects on Tribal land.

4. On February 3, 1999, the City and the Tribe amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement subject to the Land Use Coordination Agreement process.

5. On October 17, 2018, the City and the Tribe entered into an Amended and Restated Land Use Contract (the “Contract”) that superseded all prior agreements regarding land use between the Tribe and the City, including the Land Use Agreement and all supplements and amendments. As with the prior Item 1C - Page 39

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 2 Land Use Agreement, the Contract exempts all Tribal lands which are then subject to the Land Use Coordination Agreement process.

This Project Report serves as an expanded project description and goes “hand in hand” with other submittal documents including technical reports and other pertinent information. The proposed P roject will be developed to the standards of development identified in this Project Report.

II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map , the Project Site is vacant undeveloped land covered with scattered creosote brush. An outdoor advertising display is located on the southern edge of the Project Site , which will be removed prior to the construction of the Project pursuant to Section 8.04.030 of the Agua Caliente Tribal Code. There are c urbs, gutters, and public sidewalks installed along the southern, eastern, and northern edges of the Project Site. (See Exhib it C, Project Site Photos). Utility connections for water, sewer, electricity, and telecommunication services are available, and the public streets fronting the Project Site include Dinah Shore D rive to the south , Lawrence Crossley Road to the east, and Indian Springs Road to the north.

Surrounding Land Uses
Land uses on adjacent properties include:
• North – Oasis Plaza at Indian Oasis
• Northwest – Superior Pool Products
• West – Vacant Land
• South – Vacant Land
• East – Vacant Land

III. STATEMENT OF PROJECT

The Tribe is proposing to build a fuel station and convenience store with the following features:
• 24 gasoline/diesel fuel dispensers;
• 8,600 square foot (sf) convenience store, with the potential future expansion of an additional 900 SF (9,500 sf at full buildout);
• Class II gaming area within the convenience store building; • 12 Level 3 electrical vehicle charging stations underneath solar shade structures; and
• The fuel station and convenience store will be open seven days a week, 24 hours a day.

The Site Plan for the Project is included as Exhibit D, and the Architectural Elevations and Floor Plan s are provided as Exhibits E and F, respectively. The Preliminary Landscape Plan is included as Exhibit G.

Item 1C - Page 40

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 3 A. Property Development Standards

Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards, and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.”

The east half of the Project Site is designated Neighborhood/Commun ity (NCC) in the Palm Springs General Plan , and the west half is designated Industrial (IND). T he entire Project Site is designated Industrial – Service/Manufacturing (M-1) in the Palm Springs Zoning Code; however, the Project Site is located on Tribal lands that are not subject to City land use regulations. As a result, these General Plan/Zoning designations serve only as guiding framework , but do not bind the Tribe in its decision to approve the Project.

Pursuant to Palm Springs Municipal Code (PSMC) Section 92.17.01(D)(5), fuel stations are allowed in the M -1 Zone subject to the approval of a Conditional Use Permit (CUP) and the additional development standards identified for Automobile Service Stations under PMSC Section 93.23.01 . As illustrated in Table 1 below, the Project complies with all applicable City M-1 Zone and Automobile Service Stations development standards.

Table 1 – Development Standards Comparison
M-1 Zone/Automobile Service Stations Required Proposed Complies? Minimum Lot Size1 20,000 SF 155,617 SF Yes
Minimum Lot Width/Street Frontage1,2 200 Feet 430 Feet Yes Minimum Lot Depth/Street Frontage1,2 200 Feet 376 Feet Yes Maximum Building Height1 30 Feet 29 Feet Yes
Maximum Lot Coverage1 60% 6% Yes
Minimum Setbacks1
North
South
East
25 Feet
25 Feet
25 Feet
57 Feet
244 Feet
146 Feet
Yes
Yes
Yes
West
Minimum Driveway Distance from Corner2
Minimum Landscaping2
0 Feet
30 Feet
10%
120 Feet
142 Feet
25%
Yes
Yes
Yes
Trash Enclosure/Mechanical Equipment
Parking Spaces (total)3
Handicapped Spaces4
Electric Vehicle Spaces
Screened
62 4
175 46
Screened
86 4
17, 12
Yes
Yes
Yes
Yes
1 PSMC 92.17.03, “M-1” service/manufacturing zone.
2 PSMC 93.23.01, Automobile Service Stations.
3 One space for every 200 SF gross floor area (PMSC 93.06.00(D)(2), Off-Street Parking Requirements, Automobile Service Stations), and 9 spaces per every 1,000 SF of gross gaming floor area per Agua Caliente Rancho Mirage Casino Fehr & Peers Parking Study dated May 3, 2019. 4 PMSC 93.06.00(C)(10), Parking Design Standards, Handicapped Parking Spaces. 5 Number of electric vehicle capable parking spaces required based on 90 spaces provided (Table 5.106.5.3.1, California Green Building Code). 6 Number of spaces required to be provided with electric vehicle charging stations (Table 5.106.5.3.1, California Green Building Code).

Item 1C - Page 41

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 4 B. Circulation

Three driveways will provide vehicle access to and from the Project. The fuel canopy is located on the southern end of the Project Site, which is configured to only allow one-way access to the 24 gasoline/diesel fuel dispensers. A separate fuel attendant building is located immediately north of the fuel canopy to handle any fuel -related transactions that cannot be handled at the pumps, and a landscape planter separates the fuel canopy use from the convenience store. The fuel truck dispensing location is adjacent to that planter and out of the way of the fuel queuing lines.

A total of 90 parking spaces is provided to support the convenience store, of which 17 will be designated for electric vehicles with 12 Level 3 chargers initially installed. A drive aisle is provided to the north of the convenience store that also serves as the loading zone for the convenience store , keeping it separate and out of the way of patron traffic. Pedestrian paths are provided to and from the convenience store and the on-site parking and adjacent public streets.

Eight-foot-wide public sidewalks will replace the existing five -foot-wide sidewalks along the Lawrence Crossley Road and Dinah Shore Street frontages. To improve access to the Project Site, a right -hand turn deceleration lane will be installed on westbound Dinah Shore Drive to the Project driveway off that street, and to prevent left turns in and o ut of the Project driveway of f Lawrence Crossley Road, a landscaped median will be installed between Indian Springs Road and Dinah Shore Drive. In addition to those improvements, which will be implemented as part of a separate concurrent off -site public wo rks project, the Tribe will also improve the intersection of Dinah Shore Drive and Lawrence Crossley Road to its full general plan buildout. These improvements will include:

1. Widening Lawrence Crossley Road to its full General Plan right -of-way width from the north and south leading up to the intersection of Dinah Shore Drive;

2. Providing dedicated right -hand turn lanes on west - and east -bound Dinah Shore Drive to north- and south-bound Laurence Crossley Road;

3. Extending the east-bound left turn-lane on Dinah Shore Drive;

4. Increasing the corner radiuses at that intersection, where feasible;

5. Relocating the existing storm inlet s at that intersection to accommodate the above identified street widening; and

6. Relocating/replacing the traffic signals per City and CV-Sync requirements;

IV. ARCHITECTURAL AND LANDSCAPE CONCEPT

The convenience store is designed with four -sided architecture principals in mind .

Various colors and materials are used, and the building is articulated on all four sides to avoid expansive blank walls. Where glass is used, trellises are installed above to provide adequate solar control. The design of the fuel attendant building draws inspiration from the convenience store, and the colors of the fuel canopy compliment both (See Exhibit E).

Item 1C - Page 42

Agua Caliente Fuel Palm Springs Project Report October 7, 2024 5 As shown on Exhibit G, the Project landscaping includes a variety of native and water efficient plant species. Ample landscape treatments are provided around the convenience store and fuel attendant building, and Twenty -five-foot-wide landscape areas are provided along the street frontages to soften the edges of the Project Site. A fifteen-foot-wide landscape buffer is provided on the western edge to the neighboring property, and in addition to the solar shade canopies installed over the electric vehicle parking spaces, numerous shade trees are provided throughout the parking areas.

V. ENVIRONMENTAL ANALYSIS

An Environmental Assessment (EA) was prepared for the Project and is included as Appendix A. The EA analyzed the potential effects of the proposed Project including impacts related land and water resources, air quality, living resources, cultural resources, socio economic conditions , land use, transportation, noise, recreation, public safety, and climate change . Based on the analysis contained in the EA and the mitigation measures it incorporates into the proposed Project, no adverse environmental impacts are anticipated.

VI. FISCAL IMPACT ANALYSIS

The Project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs, including, but not limited to, sewer and drainage fees, public art fees, regional traffic impact ( in-lieu TUMF) fees, school fees, etc. In addition, the Tribe is also improving the intersection of Dinah Shore Drive and Lawrence Crossley Road to its full general plan buildout. This is a critical intersection on one of the seven arterials that lead in and out of the City, and the cost of these improvements is estimated at $1,500,000 over what minimal traffic related mitigation measures were identified in the Project Traffic Study. Therefore, with the payment of these fees and implementation of the above identified infrastructure improvements , the Project will have a negligible impact on City services while having a beneficial impact to the local economy by provid ing residents with new employment opportunities, consumers with additional retail, food service and entertainment opportunities , and much needed street improvements on a major City throughfare.

Item 1C - Page 43

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT A – PROJECT SITE LOCATION

Item 1C - Page 44

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT B – EXISTING SITE CONDITIONS

Item 1C - Page 45
t •• ,

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT C – PROJECT SITE PHOTOS

From Lawrence Crossley Road looking West

From Dinah Shore Drive looking North

From Indian Springs Road looking South
Item 1C - Page 46

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT D.1 – SITE PLAN

Item 1C - Page 47
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KEYNOTES
@ PROPERlY LINE
@ ACCESSIBlE PARKING SPACE
® SITE MONUMENT SIGNAGE
C SIGNAGE TO BE SUBM ITTED lHROUGH A SEPARATE SIGN PROGRAM PERMrn ® STANDARD PARKING SPACES
@ FUEL VENTS
@) BlKERACK
® ACCESSIBlE PATH OF TRAVEL FROM P\.JBUC RIGHT OF WAY
@ ~;~~~ :i~~~tic ~~~~~~M ACCESSIBLE PARKING SPACES AND
® 6' PIPE BOLLARD IMTH PLASTIC COVER AT TRANSFORMER.
@ MAIN ENTRY DOOR, PROVIDE INTERNATIONAL SYMBOL OF ACCESSIBILITY @ EXITDOOR
@ PROPOSED FIRE RISER (INSIDE BUILDING)
@) TRASH ENCLOSURE
® FUELING DISPENSERS
© FUELCANOPY .
@ EV/VANPOOL VAN ACCESSIBLE PARKING SPACE
® NEWORIVEWAY
@) LANDSCAPE AREA
® HEALYTANK
@ UNDERGROUND FUEL TANKS
@ ELECTRICAL TRANSFORMER
@ ASPHALT PAVING
@ EV PARKING SPACES ZONE
@ PARKING LOT LIGHT
@) FLAGPOLE
@ fi' CONCRETECURB
® GAS ATTENDANT BUILDING
@ SWITCHGEAR FOR EV CHARGERS
@ AIRIWATER STATION
@ GENERATOR
CALL DIG ALERT (811) IN ACCORDANCE 'NITH
GOVERNMENT CODE 4216
CALL2·BUSINESS DAYS IN ADVANCE BEFORE

YOU DIG, GRADE, OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER UTILmES
rnarks
architects
arc hitectue
interi()( design
retail
restaurants
space plaming
master plaming
leed accredi ted
casp
2643 fourth ave.
san diego ca 92. 1 03
6 19-702-9448
Orra rks architects 2024
All REPORTS. PLANS AND

DOCUMENTS PREPARED BY MARKS

ARCHITECTS SHALL REMAIN THE

PROPERTY OF MARKS ARCHITECTS
AND IS INTENDED FOR USE FOR TH!S
SPECIFIC PROJECT ONLY.

SCHEMATIC DESIGN SUBMITTAL al2/2 4
DESIGN DEVELOPMENT W20/24
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FUEL

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SITE
PLAN
A0.1

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT D.2 – SITE PLAN (Circulation)

Item 1C - Page 48
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arch itectu re
interior design
retail
restaurants
sp::1ce planning
master planning
leed acc redited
casp
2643 fourth ave .
son diego ca 92103
619-702-9448
" marks orchttecfs 2024

ALL REPORTS, PLANS AND

DOCUMENTS PREPARED BY MARKS

ARCHITECTS SHALL REMAIN TI-IE

PROPERTY OF MARKS ARCHITECTS

ANO IS INTENDED FOR USE FOR THIS

SPECIFIC PROJECT ONLY
SCHEMATIC DESIGN SUBMITTAL &1212~
DESIGN DEVELOPMENT 9/20/24
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FUEL

DINAH SHORE DR &
LAWRENCE CROSSLEY RD.

PALM SPRINGS. CA 92264
SITE

CIRCULATION
PLAN
A0.2

Agua Caliente Fuel Project Report October 7, 2024

EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS

Item 1C - Page 49

EIFS, SMOOTH FINISH
COLOR SHERV\tlN W1LLIAMS ':::.Joi
~ -0
\.fl' T.0 . TOWER - ~
t
3'-4'

0. WAlLFRAME OPENING
1'·0'
0 . STOREfRONT
~ -0'
,;:p,s:o CANOPY -
-1ft,,_CI_-O'
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ALL SIGNS TO BE

SUBMITTED SEPARATELY

CONCRETE BOARD
I
':::.Joi 7076, CYBERSPACE
i

BFS, SMOOTH FINISH

COLOR SHERWIN WILLIAMS
SW 7066. GRAY MAffiRS
EIFS. SAND FINISH

COLOR SHERWIN WILLIAMS
SM 6328 , FIREWEEO
I\ 1_6-6'
~ O. CURVED WALL

SYMBOL LEGEND

ALUMINUM CANOPY

COLOR SHERWIN WILLIAMS
SW 7076, CYBERSPACE

HATCHED AREA DENOTES SPANDEREL GLASS

PRECAST

CONCRETE BOARD
EIFS. SMOOTH FINISH

COLOR SHERWIN 'NILLIAMS
SW 7060 , ATTITUDE GRAY
r
ALUMINUM lRIM ,

COLOR SHERWINWJLLINAS
SN 7076. CYBERSPACE

EIFS, SAND FINISH
COLOR SHERWINWllllAMS SW
2844 , ROYCROFT MIST GRAY

ALUMINUM CANOPY,
COLOR SHEAWlNWllllAMS
SN 7076. CYBERSPACE

SPANDEREL GLASS
ALUMINUM STOREFRONT.

COLOR BRONZE
•-o-___.t.,_
- B_o CANO~

SOUTH ELEVATION A
SCALE: 118' • 1'-0'
~ (2)
EIFS. SMOOTH INISH T
COLOR SHEAWlf" WILUAMS SN 0077,

CLASSICFRE,HGRAY
EIFS, SMOOTH ~INISH

COLOR SHERWIN WILUAMS
SW 7060,ATITTYDE GRAY
I
ALUMINUM TRIM.

COLOR SHERWIN WILLIAMS
SW 7076, CYBERSPACE

SIGN BY VE NOOR
EIFS. SAND FINISH

COLOR SHERWIN WILLIAMS SN
2844 , ROYCROFT MIST GRAY
ALUMINUM STOREFRONT.

COLOR BRONZE

ALUMINUM CANOPY,

COLOR SHERWIN WILLIAMS
SM 7075, CYBERSPACE
23'-S" A..
-- T.O.ROOFV
8'-o-,-:1,.__
- B_o CANOpyV
o-o-,-:1,.__
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EAST ELEVATION C
SCALE: 1/8' = 1'-0'

GENERAL NOTES

MISCELLANEOUS

A SEE SCOPE OF 'WORK FOR AESPONSABIUTIES

B PROVIDE BLOCKING FOR SIGNAGE, TRELLIS AND CANOPY
C DURO·LAST TERMINATION BAR SHALL BE DARK BRONZE
0 REVEAL LOCATIONS IN FINISH SYSTEM SH01;','N ARE TO ALIGN AS CLOSELY AS POSSIBLE TO ELEVATIONS

E ALL SIGNAGE IS UNDER A SEPARATE SUBMITTAL AND PERMIT
F ALL FINISHES. LIGHTING. &. EOOIPMENT ARE TO BE SUBMITTED TO ARCHITECT FOR REVIEW &APPROVAL G ALL EIFS SHALL BE INSTALLED AS PER MFR'$ RECOMMENDATIONS, INCLUDING ALL SEALANT. FLASHING AND JOINERY AT SIMILAR MATERIALS. PROVIDE PRAN2ER 20 RBNFOOONG MESH TO 8'-0' A.F.F.(TYP) SEALER:

A SEALANT AT ALL WALL AND ROOF PENETRATIONS
B. SEALANT AT ALL 'MNOOWS AND OOOR FRAMES AT HEAD, SllL AND JAMB.

GENERAL NOTES:

A STREET ADDRESS SHALL BE POSTED ON THE EXTERIOR OF A BUILDING SO AS TOBE VISIBLE FROM IBE STREET OR ROAD FRONTING THE

PROPERTY
SIZE OF NUMBERS: ADDRESS NUMBERS SHALL BE TWELVE (12) INCHES HIGH, W/ A MINIMUM STROKE WIDTH OF 0.5' NUMBERS SHALL BE ARABIC NUMBERS OR ALPHABETICAL LffiE RS COLOR: ADDRESS NUMBERS SHALL CONTRAST W/ THE COLOR OF THE STRUCTURE/ BUILDING ILLUMINATION: NUMBERS SHALL BE VISIBLE AT ALL HOURS
OUT OF SIGHT: BUILDING / STRUCTURES OUT OF SIGHT OF A STREET OR ROAD SHALL HAVE ADDl1l0NAL ADRESS NUMBER a..EARl Y POSTED AT THE DRIVEWAY/ ACCESS ROAD ENTRANCE LEADING TO PAO PEATY.

PER SECTION 505 C.F .C.
rnarks
a rc hitects
archi tectur e
interior design
retail
resta urants
space p la nning
m aster pla nning
leed acc red ited
casp
2643 fourth ave.
san diego ca 921 03
619-702-9448
Clmarks architects 2024
ALL REPORTS, PL.ANS AND

DOCUMEITTS PREPARED BY MARKS

ARCHITECTS SHALL REMAIN THE

PROPERTY OF MARKS ARCHITECTS

AND IS INTENDED FOR USE FOR THIS

SPEOFIC PROJECT ONLY
SCHEMATIC DESIGN SUBlvllTTAl 8/2/24
DESIGN DEVELOPMENT 9120124
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FUEL

DINAH SHORE DR &

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PALM SPRINGS, CA 92264

EXTERIOR

ELEVATIONS
A4.0

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS

Item 1C - Page 50

PR ECAST
CONCRETE BOA9D COLOO SHERWIN WILLIAMS SN
2844, ROYCflOFTMIST GRAY
~ ~5"PMAPET- - - -
EIFS, SAf'.JD FINISH

CO LOR &,ERW IN WILL IAM S
SW 632 8, FIREW EED
-$-¥ci""'PNit.PET-- - -
T
--$fJ SLAB - - - ----•

PRECAST
CONCRElE BOARD

NORTH ELEVATION
SCALE: 1ro" = 1'-0"
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- - - - -Bo. cm0PY
2844, ROYCROFT MSTGR AY

T I I I

WEST ELEVATION
SCALE 1/tl" = 1'-0"
B

GENERAL NOTES

MISCELLANEOUS
A SEE SCOPE OF WORK FO R RESPO'J SABIUllES
EIFS,S N,10 FINISH

CQOR SHERWIN W ILLIAMS
W 6328, FIREWEED

ALU MINUM ROOF

COLOR SHERWIN WI LLJAMS
SW 707 6, CYBERSPACE

SPAN DEREL GLASS

ROOF CAP
COLOR 3-,ERWIN WI LLIAMS
SW 7076, CYBERSPACE

EIFS , SAND FINISH

COLOR SHERWIN WI LLIAM S
SW 6328, FIREWEED

PRECAST

CONCRETE BOARD

B PROVIDE BLOCKING FOR SGNAGE, TRELLIS AN D CANOPY
C DURO-LAS TTERMNA llO N BAR SHALL BE DARK BRO NZE
D REVEAL L OCATION S IN FINISH SYSlEM SHOW N ARE TO ALIGN AS CLOSE LY AS POSSB LE TO ELEVAll Q'\JS E ALL S GNAGE IS UNDER A SEPARAlE SUBMITTAL AND PER MT

F ALL FINISHES, LIGHTING, & EQU IPMENT ARE TO BE SUBMITTED TO M CHITECT FOR REVI EW & APPROVAL G ALL EIFS SHALL BE INSTALL ED AS PER MFR'S RECOM MEJ'.JDAllON S, INCLUDI NG ALL SEALANT , FLAs-J ING AND JOINERY AT SMILAR MAlE RIALS. PROVIDE PRAN ZER 20 REINFORC ING MES H TO 8'-0" A F.F (TYP) SEALER
A SEALM\IT AT ALL WALL A'-JD ROOF PENE1RA110NS
B. SEALM\IT AT ALL WI NDO WS AN D DOOR FRAWES AT HEAD, SLL A'-JD JAMB GENERAL NOlES
A STREET ADDRESS SHALL BE POSTED ON lHE EXTERIOR OF A BU ILDING SO AS TO BE VISIBLE FROM THE STREET 00 ROA D FRONT ING THE

PROPERTY
SZE OF NUMB ERS ADD RESS NUMB ERS SHAU. BE TWELVE (1 2) INCHES HIG, , W/ A MINIMJM STROKEW IDlH OF 05" NUM BERS &1ALL BE ARABIC NUMB ERS OR ALP H/\BE11CAL LETTERS COLOR• ADDRESS NU MB ERS SHAL L CONTRAST W/ lHE CO LOR OF lHE STT1UCTUR E/ BU ILDING ILLUM INA110N• NUM BERS SHALL BE VIS BLEAT ALL HOUR S
OUT OF SIGHT: Bt.nLDING / STB UCTURE S OUT OF SIGHT OF A STBEET OR ROAD SHALL HAVE ADDITIONAL AO RESS NUMBER CLEARL Y POSTE D ATlHE DRIVEWAY/ ACCE SS ROAD EJ'.JTAANCE LEADI NG TO PROPERTY PER SECTIO N 505 C.F C
marks
architects
crchltec ture
inta ia 035ig7
retail
re; taur rn1s
sp.x:e Prnning
masta paming
leEd accredted
ca;p
2643 foorth ave
son d eg:::i ca 92103
6 l 9-702-9 448
0 m ~ a c hitects 2024
ALL REPORTS, F'LA\18 AND
DOCUMENTS PREPARED BY Ml'IRKS
ARCHllECTS SHALL REMAINlHE
PROPERTY OF MARKS AR CHllEC TS
AND IS INTENDED FOO UcE FOR THIS

SPECIFIC PROJEC T ONLY
SCHE MATIC DESIQ'.J SJBM ITTAL 8/2124
DESIGN DEVELOPME NT 9/2CV24
ffi:',@\ll)§,1,
~0,1itkm~oo'IT'11;
FUEL

DINAH SHORE DR &

LAWRENCE CROSSLEY RD,
PALM SPRINGS, CA 92264

EXTERIOR

ELEVATIONS
A4.1

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS (Fuel Attendant Booth)

Item 1C - Page 51
ALUMIM..IM TRIM,
OOLOR SHEFiWIN WILLl4MS
SW 70it , CYBERSPACE
~
~~T1~ERf'AFAPE T - - - - - -
4'-0"

0. PAR4.PET STUOCO, SMOOTH FINISH
COLOR SHEFiWIN WI LLIAMS SW 2844,
ROYCROFT MIST GF¼Y
ALUMINUM COMPOSfTE
PANELCA.NOPY,
OOLOR SHERWIN WILLl4MS
SW 70it, CYBERSPACE
TENANT SIGN BY\IENDOR,

UNDER SEPARATE PERMIT
~1: CANOPY- - - - - - ----- .. ----------'-
IMNDCW

ALUMINUM FPAME, BRONZE

CLEAA GLASS

PRECAST
CONCRETE BC\4.RD

0.TCWERf'APAPET - - -
4'-0"

EAST ELEVATION B
SCA.LE:1/4"= 1'0"
~
'-2 114"

6.PAR4.PET- - - - - -
WEST ELEVA1lON D
SCA.l£1/4"= 1'0''

ALUMINUM TRIM,
CXlLORSHEFMIINWILLIA.MS
SW 7076, Cl'8ERSPACE

STUCCO, SMOOTH FINISH
OOLOR SHEFMIINWILLIA.MS
SW 6328, FIRBI\IEED

ALUMINUM TRIM,
COLOR 5HEFMIIN Wlll.l.QMS
SW 7016, CYBERSPACE

STUCOO, SMOOTH FINISH
COLOR 51-iEfM/IN WILLIAMS
SW6333, FIREWEED

STUCOO, SMOOTH FINISH
COLOR SHEFMIIN Wlll.lAMS SW
2844, ROYCFIOFT MIST GRA.Y

TENANT SIGN BYVENDOFI,

UNDER SEPAFATE PERMIT

ALUMINUM COMPOSITE

PANEL CANOPY,
COLOR SHEnWIN WILLIAMS
SW 70it , CYBERSPACE
PRECI\ST

CONCAETE BOARD

ALUMINUM TRIM,

COLOR SHEFMIIN WILLIAMS
SW 7076, C"l'BERSPACE
STUCOJ, SMOOTH Flt,ISH
~
"21/4" __ COLORSHEnWINW ILLIAMS _
0 TC/IWERPAF¼PET SW6328, FIREWEED
4'0"

0. P.APAPET AWMINUM O'JMPOSITE
PANEL Q!..NOPY,
COLOR SHEnWIN WILLIAMS
SW 7076, C"l'BERSPACE
STUCOJ , SMOOTH f lt>ISH
OOLOR SHEF.WIN WILLl/1.MS SN
J-,. l '-0'' 2844, ROYCROFT MIST GRAY
~O. CANOPY
PREQ!..ST
CON a=:iET E BOARD

SOUTH ELEVATION A
SQ!..LE:1/'I"= 1'-0"
NORTH ELEVA1lON C
SCALE 1/4"= 1'-0"

ALUMINUM TRIM,
WINDOW
ALUMINUM FPAME, BRONlE

CLEAR GLASS
COLOR SHEFiWIN WILLIAMS
SW 70it, CYBERSPACE

STUCOJ, SMOOTH FINISH
COLOR SHEfM/IN WILLIAMS
SW 2844, ROYCFIOFT MIST
GFl<Y

PRECAST

CONCAETE BOARD
marks
architects
archITecture
interior desig,
retail
restauraris
space plrnn ing
maste r plrnning
leed accredited
ccsp
2643 fcurth ave.

SCll diego o:i 92103
619-702-9448
61 marks architects 2024
ALL REPORT S. PIJINS AND
DOa.JMENTS PREPARED B't' MARKS
AACl·HTECTS SHALL REMAIN THE

PROPERTY OF MARKS ARCHITECTS

AND IS INTENDED FOR USE FOR THIS
SPECIFICPROJ ECT Ot-LY
SCHEMATIC DESIGN SUBMITTAL 8/212<+

DESIGN DEVELOPMENT
(t::.((\ll )O~!Kll'l )~
FUEL

DINAH SHORE DR &

LAWRENCE CROSSLEY RD,
PALM SPRINGS, CA92264

ATTENDAT BOOTH

BUILDING

ELEVATIONS
AB2.0

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS (Fuel Canopy)

Item 1C - Page 52
121'-0"
------- ~---iGUiciiiiiiiruii --~-------

SOUTH ELEVATION A
SCALE: 1/U' - 1'-0"
104'-0"
-------- - ~~~"~·~__.t,_

8.0. CANOPY~
-·--ro_ cit~
_/ - - ·r o_ :i:•
18'-0' $
B.O. CANOPY
---------------~·

EAST ELEVATION B
SCALE: 1/6" • 1'-0"
104'-0'

EAST ELEVATION C
SCALE: 1/11• - 1'-0"
23'-0' ~
~~
18'-0' $
B.O. C.ANOPY
rnarks
a rc hitects
arch itecture
interior design
retail
restaurants
sp:::ice plann ing
master plann ing
leed accredited
casp
264J fourth ave .
san diego ca 92 103
6 19-702-9448
Dmarks architects 2024
Al.l REPORTS, PIANS AND

OOOJMENTS PREP MED BY MMKS

ARCHITECTS SHALL REMAINTI-E

PROPERTY OF MAAKS ARCHITECTS
AND IS INTENDED roo U SE ron Tl IIS
SPECIFIC PROJECT ONLY.

SCHEMATIC OESICN SUl3MITTAL 8/2/24
DESIGN DEVELOPMENT 9/20/2-1
I',,
/fl,,@'i!J)/fl,
~/il,,lL,Il~OO'li"Th'.:

FUEL

DINAH SHORE DR &

LAWRENCE CROSSLEY RD,
PALM SPRINGS, CA 92264

FUEL CANOPY

ELEVATIONS
FC2

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT F.1 – FLOOR PLAN

Item 1C - Page 53
ff
I I
2 I I

SYMBOL LEGEND

DOOR NUMBER

INTERIOR ELEVATION

CANOPY ABOVE
D

RECESSED SLAB TH IS AREA
r
AS.O
I
I
18- t" 22-1'
•. ,
1---+- K~ M G~IN~ ---t-- I ---'\1,.,,,,,,,-r- -,..

I N ~
I I

FLOOR PLAN
SCALE: Cuslom

GENERAL NOTES
OIMFNSOl~S
A All OIMEt~SIONS AAf.:TO FACE OF STUDU.O.N. REFER TO FOUNDATION PLAN FOR FACE OFCONC. DIMENSIONS.
ll DIMENSIONS t«)TED AS "CLEM" OR 'HOLD" ARE MIN. REQ'D. NETCLEAAANCE m:)M FACE OFWAt.L/ WAltlSOOTFINISH. VERIFYFltlALEQUIPMENTSIZESW/ VENOOR PRIOflTO INT.

WALL FRAMING.

WINDOWS/ DOORS
A SEE SHT.AfJ.1 FORWINOOWTYPESANOOO)RSCIIEOULE

8. ALL DOORANDWtlOOWOPENING DIMENSIONS ARE TO ROUGti OPENING FINISH SUBSTRATES:

A All JOINTS, CAPS OR SPACES 1.EADINC TO ALL HOLLOW OR INACCESSIBLE SPACES SHALL OE SEALED 'NIHI ,rn1: ltffERNAlJONAL' APPROVED SEALANTS

GENEWIL
A PROVIDE THREE FIRE EXTltlCUISHERS PER DlflECTIOtl OF Ftllf MARSHALL OR LOCAL AlJTHOOIZING AG Et ff.

B. lHE COtITRI\CTOR SHALL ASSIST STORE PERSONNEL BY ASSEMBLING MERCHANDISE GONOOlAS AND SHELVING AS SHOWN ON A2.0
C. ALL EOUIPMENl ANO CADINElS SHALi. BE FREE Of SHARP EDGES. CONTACT MANUFAC"IURER OR 1-'AEP EDGES FOR SAFETY
D. CONTRACTOR SHALL ROUTE ALL CONDENSAlE DRAIN LINES TO FLOOR SINKS E. COtHRACTOR SHALL INSTALL t1EW PAATITIONSIWAl.LS WITH CYPSUM WALL OOAAO ANO FltllSI-IES AS NOTED ON FINISH SCHEDULE ANO INTERIOR ELEVATIONS All PAf!"HIOtlS/WALLS SIIALL OE IJRACEO FOR LATERAL FORCES, PER OUILOING OODE REQUIREMENT$.

F. FLAME SPFEADCLASSIFICAOONS FOR INTERIOR WALLS SHALL COMPLY WITH LOCAL OODES
®:
____L
I
: I ® :

L_ -------------- T __ J
25'-9' 14•.11 · ' LCD
I
--1-
AS.O
0 G. IT IS THE RESPONSIBILITY OF THE GENERA.L CONTRACTOR TO CROSS-CHECK THE

STAUCTU RAL, MECHANICAL, PLUMBING ANO ELECTRICAL DRAWINGS WITH THE

ARCHITECTURAL DRAWINGS PRIOR TO THE ORDERING/INSTALLATION OF STEEL, MECHANICAL ANO ELECTRICAL WORK. ANY DISCREPANCIES BETWEEN THE ARCHITECTURAL. STRUCTIJRAL. MECHANICAL AND ELECTRICAL DRAWINGS SHALL BE BROUGHT TO THE AACHITECl'S ATTENTION FOR IMMEDIATE CLARIFICATION

H ALL EIFS/STUCCO SHALL BE INSTALLED AS PEA MFA'S
RECOMMENDATIONS. INCLUDING ALL SEALANT, FLASHING AND
JOINERY AT DISSIMILAR MATERIALS. PROVIDE PANZER 20
RBNFORONG MESH TO 8'-t/ A.F.F.(TYP)

I CONTRACTOR SHALL PROVIDE A CLEAN, SMOOTH SURFACE FOR GRAPHICS INSTALLATION

J ALL DIMENSIONS SHALL BE FIELD VERIFIED BY CONTRACTOR FROM CABINET AND EOUIPMENTClEARANCES PRIOR TO WALL ERECTION. DISCREPANCIES SHALL BE DIRECTED TO OWNER.

KEYNOTES
0 STARTING POINT . All SUB-TRADES SHALL USE THIS POINT AS A BEGINNING LAY-OUT (INSIDE FACE OF EXT. WALL STUDS

CD WALK IN COOLER AND FREEZER BY VENOOR

CI) ALUMINUM ENTRANCE AND STORE SYSTEM
CD
(}) TILE TO CONCRETE METAL THRESHOLD
c::}) CANOPY ABOVE
<I) ROOD LADDER.
(I) MOPS INK
© KEEP 2' AIR GAP BETWEEN WALK-IN COOLER/FREEZER AND WALL. @ ~fE g ~ ~ ~~/?UARD / WALL CAP, TYP. All CORNERS IN BACK-OF-HOUSE

WALL LEGEND

EXTERIOR WALLS
~ INTERIOR WALLS

FREEZER AND COOLER WALLS

WALL TYPES
EXTERIOR WALL 1
6" METAL STUD FRAME 16 GA @ 16"
WITH 1' EIFIS FINISH OVER 5/8' DENSELEMENT GYPSUM SHEATHING AND INTERIOR 5/8' TYPE X GYP. BD
EXTERIOR WALL 2
6' METAL STUD FRAME 16 GA @ 16"
WITH 1' EIFIS FINISH OVER 5/8" DE.NSELEMENT GYPSUM SHEATHING WITH SUREBOARD (PEA STRUCTURAL PLANS) ANO INTERIOR 5/8' TYPE X GYP. BO EXTERIOR WALL 3
6" METAL STUD FRAME 16 GA. @ 16"
WITH 5/8' DENSELEMENTGYPSUM SHEATHING WITH SUREBOARD (PER STRUCTURAL PLANS) AND INTERIOR 5/8' TYPE X GYP. BO.

INTERIORWALL 1
ml[]- INTERIORWA LL 2 ATR ESTROOMS
INTERIOR 6'" (U.O.N.) METAL STUD FRAME @ 16" 16 GA
S/8" CEMENT WALLBOARD TO 6'" ABOVE T.O. SLAB. ALL OTHER SUBSTRATE 5/8" HI-IM PACT BRAND XP WALLBOAAD. TYPE X CORE FROM T.O. CEMENT BOARD Of! CURB TO 6' ABOVE CEILING HEIGKT U.0. N NO SUBSTITUTIONS ALLOWED. FINISH AS SCHEDULED
~ INTERIORW ALL3
3-5/8" METALSTUDFR AME @ 16' 16GA
INTERIOR 5/8" TYPE X GYPSUM BOARD. FINISH AS !:CHEDULEO IFiiJ- INTERIOR WALL4 · 1 HOUR RATED WALL
3-5/8' METAL STUD FRAME @ 16' 16GA. 1 HOUR RATED.

INTERIOR 2 LAYERS S/8" TYPE X GYPSUM BOARD. FINISH AS

SCHEDULED
W!D- INTERIORWA LL S -BOHWALL
15" METAL STUD FRAME @ 16' H5 GA
1/2" CEMENT WALLBOARD STARTING FROM T.O. SLAB OT 6" A.F.F 5/8' TYPE X GYPSUM BOARD ABOVE. FINISH AS SCHEDULED
ll\!m- WALK IN COOLER WALL

BY VENDOR
- ~ - INDICATESTHATTHEWAL L TYPESAPPLYTOALLWALLS
~ INTHEAOOM

AREA BREAKDOWN

SPACE AREA OCCUPANT LOAD
RETAIL: SALES FLOOR 3.310 SF 56
RETAIL: WALK IN COOLER / BEER CAVE 850 SF
BACK OF HOOSE 1.248 SF
GAMING (96 SLOTS) 2.637 SF 239
RESTROOMS 555 SF
TOTAL 8,600 SF 298
AU. EIFSISTUCCO SHALL BE INSTALLED AS PER MFR'S
RECOMMENDATIONS. INCLUDING ALL SEALANT, FLASHING AND
JOINERY AT DISSIMILAR MATERIALS. PROVIDE PANZER 20
RBNFORONG MESH TO 8'-0' A.F.F.(1YP)
marks
archit ects
architecture
interior design
retail
restaurants
space plann ing
maste r plann ing
leed acc redited
casp
2643 fourth ave.
san diego ca 92103
619-702-9448
Cmarks architects 2024

ALL REPORTS, PLANS ANO

DOCUMENTS PREPARED BY MARKS

ARCHITECTS SHALL REMAIN THE

PROPERTY OF MARKS ARCHITECTS

AND IS INTENDED FOR USE FOR THIS

SPECIFIC PROJECT ONLY
!:CHEMATIC DESIGN SUBMITTAL 8/2/24
OESIG\J DEVELOPMENT 9/20/24
f',,
IJM!li~ll!,
~11!,EoKrn:!l'll'TI'rn:

FUEL

DINAH SHORE DR &

LAWRENCE CROSSLEY RD,
PALM SPRINGS, CA 92264
FLOOR
PLAN
A1 .0

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT F.2 – FLOOR PLAN (Fuel Attendant Booth)

Item 1C - Page 54
-O' AFF
T p
14'-0'Af F <D
'-
I
I
I' ii
27'-6'
15'-21/4'

ATTENDANT BUILDING
-~-5:-.~-.:,-.! -LA_ N _______________ o
~
.,
~
15'-11 "
" "
L -
ASHIER
"' ~ S'

VESTIBULE
0 0 0
I
~•-J~ -- - -- - ---- ;: -- T - - - --fr-3~

ATTENDANT BUILDING
-~;-?-,?-.,~-~ _PLA_ N ______________ o
.-., I ± . ,.c
14A 14A 17 7'11 ~
4'-4' S'·O'
t= - I =1= ~!~ -
[
.
~
~ ~
-- -I ) ,A
14A 14A 14A
] .--- 0 IA!:!
- - -
~ ~ - ... .ii.L ~ ~
14A 1IA 14A
" • 0 := == ==
1A!:J
.--- '
ztl L-J
L-J
L___J L___J L___J
13A 13A 13A
I 8'-8' 5'-2' I 5'-2' 8'-8'

ATTENDANT BUILDING
-~-~.F_11.~-.~-?-TE_D_C_E_I_LI_N_G_P_LA_N _________ -----jQ ~ /.'\
~
n.arks
a rc hitects
architecture
interior design
retail
restaurants
space plann ing
master plann ing
leed accredited
casp
2643 fourth ave
san diego ca 921 03
619-702-9448
0 marks architects 2024
ALL REPORTS. PLANS AND

DOCUMENTS PREPARED BY MARKS

ARCHITECTS SHALL REMAIN THE

PROPERTY OF MARKS ARCHITECTS

AN D IS INTENDED FOR USE FOR THIS

SPECIFIC PROJECT ONLY
SCHEMATIC DESIGN SUBMITTAL 8/2/24
DESIGN DEVELOPMENT 9/2Ql24
~@\l)J~
«:;~llaITI OO'H"~
FUEL

DINAH SHORE DR &

LAWRENCE CROSSLEY RD,
PALM SPRINGS , CA 92264

ATTENDANT BOOTH

FLOOR PLAN

ROOF PLAN
& RCP
AB1.0

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT G.1 – PRELIMINARY LANDSCAPE PLAN

Item 1C - Page 55

PLANT LIST

ABBR SIZE QTY
TREES
CER.D.M 36"BOX 14
CHI.UN 24"BOX 6
- PRO.CHI 36"BOX 24
e
>$<-,._
0 .,_
0 0
. ,
e-
• •-
0 ~
" ©--
0-
-0-
0 .
..

WAS.FIL. 4'-18'8Tt, 39
SHRUBS
AGA.ANG. 5GAL 33
AGAB.G. 5GAL. 6
AGA..TEQ. l5 GAL.
" ALO. VER 5GAL 71
BOU.L.J . 5GAL
" BOU.T.G 15GAL 52
CAE.PUL 15GAL 56
OAS. LON 15GAL. 27
DAS.Vlt!E. 15GAL. 51
ECH.GRU 15GAL.
"' HES. PAR 5GAL 63
LAN. S.S. 5GAL
"' PAC. MAR. 42-60"HT
" RUS. EQU. 5GAL 53
TEC. STA. 5GAL 39
VINES
BOU.B.K. 15GAL. •
SCIENTIFIC NAME I COMMON NAME \WC

CERCIOIUM 'DESERT MUSEUM' (MULTI-TRUNK) DESERT MUSEUM L CHILOPSIS UNEARIS (STANDARD FORM) OESE.RTWIUOW
"

PROSOPIS CHILENSIS (MULTI-TRUNK) CHILEAN MESQUITE L
WASHING TONIA FILIFERA (\NITH 'BEARD? CALIFORNIA FAN PALM "

AGAVE ANGUSTIFOLIA 'MARGINIATA' VARIEGATED CARIBBEAN AGAVE L

AGAVE 'SLUE GLOW BLUE GLOW AGAVE L

AGAVE TE QUI LIANA AGAVE TEOUILIANA AZUL L
ALOE.VERA MEDICINAL ALOE L

BOUGAINVILLEA LA JOLLA BOUGAINVIUEA LA JOLLA
"
BOUGAltNILlEA TORCH GLOW TORCH GLOW BOUGAINVILLEA
"
CAESALPINIA PULCHERRlMA PEACOCK FLOlM.R L

DASYLIRION LONGISSIMUM MEXICAN GRASS TREE L
DASYURION WiEELERI DESERT SPOON L
ECHINOCACTUS GRUSONU GClt.DEN BARREL CACTUS L

HESPERALOE PARVIFLORA RED YUCCA L
LANTANA. 'SPREADING SUNSEr SPREADING SUNSET LANTANA
"
PACHYCEREUS MARGINATUS MEXICAN FENCE POST VI.

RUSSELIA EQUISETIFORMIS CORAL FOUNTAIN
"
TECOMA STANS 'GOlO STAR' GOlD ST AR ESPERANZA
"

BOUGAINVILLEA 'BARBARA KARST' I BARBARA KARST BOUGAINVILLEA "
: .. :
0 i" j(l>
0 !" I@
0 100
0 1" !,!)
0 !" 0 !0 ls
0 i"
"' 0 j,,
0 1" j@
0 i®
i" 0 1"
·)
__ ,
•)
__ ,
.,
·)
DAS.'MiE
~SHADE STRUCTURE

PER ARC HS PLANS
Cli. UN.

Elli
BOU. L.J.

ROOTBA.RRJER, TYPICAL.

THIS SYMBOL (----- )
All RUBBLE AREAS SHALL BE 4-8" SIZED RUBBLE

STREAMS SET OVER 'MIRIFI MSCAPE' LANDSCAPE
FABRIC. TYPICAL

PLANTING PLAN
SCALE1"-20'.(I"
..

D

N D A N
..

ALL.AREAS SHALL BE COVER EDIN A2"
LAYER OF DECOMPOSED GRANITE.

UNLESS OTHERWISE NOTED. TYPICAL

N A H S H O R E

S P R N G S
D R.

R D
All RUBBLE AREAS SHALL BE 4-8" SIZED RUBBLE
STREAMS SET OVER 'MIRIFI MSC.A.PE' LANDSCAPE
FABRIC. TYPICAL

TRASH ENCLOSURE
PER ARCH'S PL.ANS
AGA.ANG.
0 ,. 20"
I I -••
rnarks
architects
architecture
Interior design
re1all
restaurants
space plonning
C
mas18f planning
leed accredited
Q casp
> 2643 four1h ave .
u son diego ca 92103
619· 702-9448
U,
u.

C
D:
<.:
sot0lf()
u lANlSCAPE j ARClt1EC1S
2643 4thAve nue
<.:

San Diego CA 92103
phone 619.544.1977
[email protected]
2 www.aso telo.com
11 SCHEMATIC DESIGN SUBMITTAL arm,
DESIGN DRAININGS SUBMITTAL 9/16124
D:
/\,
/\,
;:
/\,
/\,
<I
/\,
/\,
..J
/\,
/\,
/\,
AGUA

CALXENTE
FUEL

DINAH SHORE DR &

CROSSLEY RD,

PALM SPRINGS , CA
92264

PLANTING
PLAN
L1 .0 ••

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

EXHIBIT G.2 – PRELIMINARY LANDSCAPE PLAN (Shading and Water Use Calculations)

Item 1C - Page 56

TREE SHADING CALCULATIONS
TOTAL PARKING AREA 15,714.8.9 S.F SHADING RECUIREMENT 50% PARKING SPOTS: 90 SHADING PROI/IOEO 7,860.58 S.F. (50.02'!b) i·c:IM C) III[ CJ Jl:II C)
i t
D IN AH S H ORE DR .
-!"-H-"A_1 .. ,-~-!N_G-"-C_A_LC---"U_L_A_T_IO"--N-"S--------------------------------- 0 MAWA (MAXIMUM ALLOWABLE WATER ALLOWANCE):
( ETo) X( 0.62 ) x[ ( 0.45 )X LA I
(71.60)x(0.62)x [(0.45)x40 ,494.67]:::

ETWU (ESTIMATED TOTAL WATER USE):

HYDROZONE 1
• LOW WATER USE SHRUBS WITH POINT-SOORCE DRIP IRRIGATION ( 71 .60) x( 0.62) x[ ( 0.2 x 1,224) 10.90 J"'
HYDROZONE 2
808,937.73
12,074.62
0 MODERATE WATER USE SHRUBS WITH POINT .SOURCE DRIP IRRIGATIOI (71.60) x(0.62)x[( 0.5 x850)10.90 I"' 20,962.89
HYDROZONE 3
•

LO'MWATER USE BIORETENTION SHRUBS 'MTH
POINT-9:)IJRCE 0RIPIRRIGATIO'IJ
(71.60)x( 0.62)x[(0.5x94)/0 .90] = 2,318.25
HYDROZONE 4
0 MOOERATEWATER USE BIORETENTION SHRUBS WITH

POINT-SOURCE ORIPIRRIGATIOO
(7Ull)x(0.62)x[(0.5 x72)/0 .90]" 7,444.62
HYDROZONE 5
*

LOW WATER USE TREES WITH BUBBLER IRRIGATIOO
(71 .60)x(0.62)x[(0.2x1, 140)/0.85]= 11 ,907.51
HYDROZONE 6
J. MODERATE WATER USE TREES WTH BUBBLER IRRIGATION
(71.60)x(0.62)x[(0.5x1,260)/0.85J= 32,902.31
ETWU = 86,610.20 < MAWA = 809,937.73
~·
i J~~I---~
: Oo
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10 ! i :• ,.i ?,; _____ -·-·
!~ A·A~-· L:: ____ _

WATER USE CALCULATIONS & HYDROZONE KEYMAP
SCAlE1"...(0'-0"
I ND I A N SPRING S RO .
"'----1-<Rf:b.------! __ ~c:i!- -
-f8: •••••• A * ... ..,,. *
B
marks
architects
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restaurants
~
space planning
3 •
marter planning
.J leed occred Hed
ca,p
2643 fourth ave .
sen dlego co 92103
619-702-9448
sot0lc
lANDSCAPE i ARCHITECTS
2643 4th Avenue
San Diego CA 92103
phone 6 19.544.1977
[email protected]
www.asotelo.com
SCHEtlATIC DESIGN SUBMITTAL 8/2/2t
DESIGN DRAWINGS SUBMITTAL 9/16114
C 6
~ 6
> 6
6 w
6 00 6
00 6
0 6
~ 6
u
w AGUA
u CALIENTE
z FUEL
w
~
3 DINAH SHORE DR & •
.J CROSSLEY RD,

PALM SPRINGS, CA
92264

LANDSCAPE

CALCULATIONS
L3.0
w

Agua Caliente Fuel Palm Springs Project Report October 7, 2024

APPENDIX A

TEPA ENVIRONMENTAL ASSESSMENT
Item 1C - Page 57
1 Environmental Assessment
for
Agua Caliente Fuel – Palm Springs
September 2024
Prepared for:

Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264
Prepared By:

Terra Nova Planning & Research, Inc.®
42635 Melanie Place, Suite 101
Palm Desert, California 92211
Item 1C - Page 58
2 TABLE OF CONTENTS

1.0 PURPOSE AND NEED ....................................................................................................... 4

2.0 PROJECT ALTERNATIVES AND COMPARISON .................................................... 10

2.1 No Action Alternative ................................................................................................. 10

2.2 Business Park Alternative ........................................................................................... 10

2.3 Preferred Alternative ................................................................................................... 12

3.0 ENVIRONMENTAL IMPACTS ...................................................................................... 13

3.1 Land Resources ........................................................................................................... 13 A. Topography ........................................................................................................... 13 B. Soils ...................................................................................................................... 14 C. Geologic Hazards .................................................................................................. 14

3.2 Water Resources ......................................................................................................... 16

3.3 Air Quality .................................................................................................................. 18

3.4 Living Resources ........................................................................................................ 24 A. Wildlife ................................................................................................................. 25 B. Vegetation ............................................................................................................. 26 C. Ecosystems ............................................................................................................ 26 D. Agriculture ............................................................................................................ 26

3.5 Cultural Resources ...................................................................................................... 27

3.6 Socioeconomic Conditions ......................................................................................... 29 A. Employment and Income ...................................................................................... 29 B. Demographic Trends ............................................................................................. 29 C. Lifestyle and Cultural Values ............................................................................... 29 D. Community Infrastructure ..................................................................................... 29 E. Environmental Justice ........................................................................................... 31

3.7 Resource Use Pattern .................................................................................................. 32 A. Hunting, Fishing, Gathering ................................................................................. 32 B. Timber Harvesting ................................................................................................ 32 C. Agriculture ............................................................................................................ 32 D. Minerals ................................................................................................................ 32 E. Recreation ............................................................................................................. 33 F. Transportation ....................................................................................................... 33 G. Land Use Plan ....................................................................................................... 38

3.8 Other Values ............................................................................................................... 40 A. Wilderness ............................................................................................................. 40 B. Noise ..................................................................................................................... 41 C. Visual and Light .................................................................................................... 42 D. Public Health and Safety ....................................................................................... 43 E. Climate Change (Greenhouse Gasses) .................................................................. 43 F. Indian Trust Assets ............................................................................................... 45 G. Hazardous Materials ............................................................................................. 46

4.0 MITIGATION
.................................................................................................................... 47

4.1 Air Quality Mitigation ............................................................................................ ... 47

4.2 Living Resources Mitigation ....................................................................................... 47 Item 1C - Page 59

3 4.3 Cultural Resources Mitigation .................................................................................... 48

4.4 Resource Use Mitigation ............................................................................................. 49

5.0 LIST OF CONTRIBUTORS ............................................................................................ 50

6.0 CONSULTATION ............................................................................................................. 50

7.0 BIBLIOGRAPHY .............................................................................................................. 50

APPENDICES
Appendix A Air Quality and Greenhouse Gas Emission Outputs .................................................. A Appendix B Biological Resource Study ......................................................................................... B Appendix C Cultural Resource Study ............................................................................................ C Appendix D Traffic Impact Study .................................................................................................. D

EXHIBITS
Exhibit 1 Regional Location Map ...................................................................................................6 Exhibit 2 Vicinity Map ....................................................................................................................7 Exhibit 3 Project Location Map ......................................................................................................8 Exhibit 4 Project Site Plan ..............................................................................................................9

TABLES
Table 1 Project Summary Table ...................................................................................................5 Table 2 Water Demand at Project Buildout ...............................................................................17 Table 3 Maximum Daily/Annual Construction-Related Emissions Summary ..........................21 Table 4 Maximum Daily Operational-Related Emissions Summary (pounds per day) .............22 Table 5 Estimated Solid Waste Disposal at Project Buildout ...................................................31 Table 6 Intersection Analysis for Existing (2023) Conditions ...................................................35 Table 7 Intersection Analysis for Existing plus Project (2023) Conditions ...............................36 Table 8 Intersection Analysis for Existing plus Ambient plus Cumulative (2025) Conditions .36 Table 9 Intersection Analysis for Existing plus Ambient plus Project plus Cumulative (2025) Conditions .....................................................................................................................37 Table 10 Riverside County Airport Land Use Compatibility Plan ..............................................39 Table 11 Projected GHG Emissions Summary (Metric Tons) .....................................................45

Item 1C - Page 60

4 1.0 PURPOSE AND NEED

Introduction
The purpose of the Environmental Assessment (EA) is to comply with the Agua Caliente Band of Cahuilla Indians (the “Tribe”) Tribal Environmental Policy Act (TEPA; Tribal Code 27.02.03(D)).

The EA will evaluate and determine the Project’s environmental significance on a number of criteria. The document will assist t he Tribe in their planning and decision- making process , as required by TEPA (Tribal Code 27.02.10(D)).

Agua Caliente Fuel – Palm Springs (the “Project), is a proposed gas station and convenience store located on the northwest corner of Dinah Shore Drive and Lawrence Crossley Road in Palm Springs, Riverside County, California. The Project occupies approximately 3.6 acres (or about 155,000 square feet (sf)), net of public right -of-way easements, of vacant land with sparse desert vegetation. At full buildout, the convenience store accounts for 9,500 square feet ( sf) and the remaining square footage is distributed between the fuel dispensing area , electric vehicle (EV) charging stations, parking spaces, and landscaping areas. The Project’s development is proposed on Tribal land, requiring its compliance with the Agua Caliente Tribal Code.

The Project is located within Section 20, Township 4 South, Range 5 East, San Bernardino Base and Meridian (SBBM), California. Section 20 is defined by Ramon Road (north), Dinah Shore Drive (south), Vella Road (west) and Landau Boulevard (east) on Tribal land within the Agua Caliente Indian Reservation, thus the Tribal government has jurisdiction over the Project and will serve as lead agency.

Purpose and Need
The Project is proposed by the Tribe to diversify its financial portfolio, develop Indian lands, and generate interest in their other business ventures . Overall, the Tribe intends to increase capital value, create new revenue streams , and support the Tribe’s goal for self -sufficiency and self - governance.

Proposed Project (Preferred Alternative)
The Tribe proposes a gas station on the northwest corner of Dinah Shore Drive and Lawrence Crossley Road in the city of Palm Springs, Riverside County, California . The Project site is approximately 3.6 acres. The surrounding environment to the south, e ast, and immediately to the west, appear similar to the Project site (undeveloped and vacant with few desert plants), and there are commercial buildings to the north. Notable landmarks in proximity to the Project site include the Tribe’s Administration Plaza located at 5401 Dinah Shore Drive (southwest), Highway 111 (HW-111, west), the Whitewater River (east), and Interstate 10 ( I-10, north). Please see Exhibits 1 through 3.

On the Project site’s north half, an 8,600- sf convenience store is proposed, consisting of a food service/commercial shop and a Class II gaming space with slot machines. Additionally, in service to the convenience store, 90 parking spaces along the store’s east, west and south side s are proposed of which 12 will be Level 3 EV charging stalls. On the south half, a fuel station with 12 multi-product dispensers (MPDs), allowing a maximum occupancy of 24 cars at a given time , is found immediately across from the convenience store. The Project also includes the potential to expand the convenience store/gaming area up to 900-sf, that would bring the total square footage of the convenience store to 9,500-sf.

Item 1C - Page 61

5 The Project site is bound on the south by Dinah Shore Drive, on the east by Lawrence Crossley Road, on the north by Indian Springs Road, and on the west by undeveloped land and San Luis Rey Drive beyond. The site plan for the Project indicates three separate entrances /exits at the southwest corner along Dinah Shore Drive, central to the Project site on its e ast boundary onto Lawrence Crossley Road, and at the northwest corner along Indian Springs Road (see Exhibit 4).

In terms of landscaping, all four sides of the Project site are proposed to have drought tolerant vegetation, consistent with Palm Springs Zoning Code Section 92.21.1.05. In addition, a retention area is proposed along Dinah Shore Drive. Table 1 provides a summary of the Project components.

Table 1
Project Summary Table
Project Site Area 3.6 acres (or approximately 155,000-sf) Number of MPDs 12
Number of EV charging stalls 12
Number of Parking Spaces (excluding
EV) 78
Other On-Site Amenities Convenience retail, food, and gaming space

Timeframe
The Project’s construction is anticipated to occur within the next year, with a n estimated time of one year for construction. It is anticipated an additional six months of construction would be required for the future expansion. Therefore, the total construction time for the Project is eighteen months.

General Setting
The Project’s site is approximately 3. 6-acres of vacant land with sparse desert vegetation. It is located on the northwest corner of intersection Dinah Shore Drive and Lawrence Crossley Road in Palm Springs. The Project site’s surrounding environment consists of undeveloped and vacant land to the east across Lawrence Crossley Road, south across Dinah Shore Drive, and immediately to the west, and commercial buildings to the north across Indian Springs Road . The Project is located within an urban area with multiple industrial and commercial buildings in its vicinity.

On a larger scope, the Project i s located in Palm Springs within the western portion of the Coachella Valley that is geographically bound by the San Jacinto Mountains to the west, the Santa Rosa Mountains to the south, Little San Bernardino Mountains and San Bernardino Mountains to the n orth, and Indian Canyons to the southwest . On a larger scope, the Project is part of the Colorado Desert and Riverside County.

The Project site is part of the Section 20, Township 4 South, Range 5 East, San Bernardino Base and Meridian, allotted for the Tribe as Indian reservation land . The Agua Caliente Indian Reservation totals to approximately 34,000 acres throughout the western Coachella Valley including the cities of Palm Springs, Cathedral City, Rancho Mirage, and unincorporated areas of Riverside County.

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2.0 PROJECT ALTERNATIVES AND COMPARISON

2.1 No Action Alternative
The No Action Alternative would leave the Project site in its existing vacant and undeveloped condition. This Alternative would not diversify Tribal enterprises and would not increase the Tribe’s long term income opportunities. This alternative would not support the Tribe’s economic development goals, but provides a baseline for the analysis of the other alternatives considered in this Environmental Assessment.

2.2 Business Park Alternative
The Project is located on Tribal land and is subject to the Tribal Land Use Ordinance. According to this ordinance, the Project site is zoned Tribal Enterprise, where allowable uses are subject to Tribal Council determination. The rest of Section 20, in which the Project site is located, is subject to city land use control per the Tribe’s Land Use Contract with Palm Springs. According to the Palm Springs Zoning Code, the subject site is situated in the service/manufacturing zone (M -1).

This zone is intended for commercial and industrial uses, as well as industrial fabrication, manufacturing, and processing uses. This alternative assumes that the Project site would be developed with a business park at the maximum permitted intensity allowed in the M-1 zone. This would include a building footprint of approximately 93,000 SF at a site coverage of 60%, a maximum building height of 40 feet, and 25-foot front setbacks.

This Alternative would allow the diversification of Tribal businesses, but would have a lesser positive financial benefit to the Tribe.

This Alternative proposes a more intense use of the subject site, and therefore would have greater impacts than the Preferred Alternative, such as traffic, noise, and air quality impacts. The Business Park Alternative would, however, result in the same site disturbance as the Preferred Alternative, and therefore impacts to biological, cultural, and land resources would be similar under both alternatives.

Land Resources
Both the Preferred and Business Park Alternatives would result in disturbance of the entire site, and would require similar quantities of grading and compliance with seismic requirements. Soils, geology, and topography would be impacted comparably under the two Alternatives.

Water Resources
Both the Preferred and the Business Park Alternative would involve disturbance of the entire site, and would require preparation of a Hydrology Study, Water Quality Management Plan, and Stormwater Pollution Prevention Plan. Implementation of these plans wo uld ensure that the impacts to surface water and flooding would be similar under either alternative.

Air Quality
The Business Park Alternative proposes more intense land uses than the Preferred Alternative, and would therefore be expected to generate more emissions over the course of construction. Given that the Preferred Alternative is a less intense land use and associated traffic would largely be pass- by trips, while the Business Park Alternative would likely increase the number of heavy trucks traveling to and from the site, it would be expected to generate lower operational air quality emissions.

Item 1C - Page 67

11 Living Resources
There are no agricultural lands in Palm Springs, so impacts to those resources would not occur under any alternative. Both the Preferred and Business Park Alternative s would result in disturbance of the entire site, and therefore would have comparable impacts to wildlife and wilderness resources.

Cultural Resources
Potential impacts on historical, archaeological, and religious resources will be similar for both the Preferred Alternative and the Business Park Alternative, as both Alternatives require disturbance of the entire site. The Alternatives are not located on or near a historical, archaeological, or religiously significant area. However, both Alternatives would require consultation with the Tribal Historic Preservation Office prior to disturbance. The Tribal Historic Preservation Office standards require an Agua Caliente Cultural Monitor to be present for all ground-disturbing activities for either of the two Alternatives.

Socioeconomic Conditions
The Preferred Alternative would result in greater economic benefit to the Tribe compared to the Business Park Alternative. The Preferred Alternative also creates new employment opportunities for the residents of Palm Springs and surrounding areas. The Business Park Alternative would also generate jobs in a variety of fields, including potentially manufacturing and construction related fields.

Resource Use Patterns
Neither the Preferred Alternative nor the Business Park Alternative would disturb a hunting, timber, or mineral resource. The site’s existing condition is undeveloped with sparse desert vegetation, and therefore the presence of these resources is absent. The physical landscape (soil, water retention, location) of the site is not viable for hunting, timber, or mining of mineral resources.

Transportation
Both the Preferred Alternative and the Business Park Alternative would have an impact on traffic due to the site’s geographical location, surrounding commercial and industrial buildings, and the nature of gas stations and business parks. Both Alternatives would operate adjacent to Dinah Shore Drive and Lawrence Crossley Road and require roadway modifications that include a deceleration lane and median divider to manage traffic, in accordance with the City of Palm Springs traffic standards and requirements. According to the traffic report, the Preferred Alternative will shorten trips by operating a gas station for existing travelers and would have less than significant impact on area roadways. The Business Park Alternative would generate additional trips, and potentially heavy truck trips, depending on the users of the business park.

Item 1C - Page 68

12 Other Values
The Preferred Alternative would cause greater light pollution than the Business Park Alternative, due to its operation hours during the evening. However, consistent with the City of Palm Springs Zoning, light pollution will be mitigated with shades to redirect the light downwards, preventing light from illuminating the sky unnecessarily.

2.3 P
referred Alternative
As detailed in Section 3 of this document, the Preferred Alternative would not result in any significant impacts to the human environment. The No Action Alternative would have no impact on the human environment because the site would remain as it currently exists, vacant with spare desert growth. The No Action Alternative, in comparison to the Preferred Alternative, would have adverse effects because it limits the Tribe’s opportunity for development and the establishment of new revenue streams. The Preferred Alternative, in this case, would diversify the Tribe’s financial portfolio, increase the value of their assets, and create a new revenue output to support the Tribe’s goal for self-sufficiency and independence.

The Preferred Alternative would provide consumers with additional fuel, convenience retail, food, and entertainment opportunities, potentially reducing their current driving distance and/or travel time to existing facilities providing these goods and services. The Preferred Alternative is therefore the most effective in meeting the purpose and need for the Project.

Item 1C - Page 69

13 3.0 ENVIRONMENTAL IMPACTS

3.1 Land Resources
The Project site is undeveloped and vacant with sparse desert vegetation. The surrounding environment shares the site’s attributes (undeveloped and vacant), apart from the commercial builds to the north beyond Indian Springs Road.

A. Topography
The Coachella Valley (the “Valley”) is a rift valley and is part of the Colorado Desert’s southern region. The Valley is geographically defined by the San Jacinto Mountains and Santa Rosa Mountains to the west, Orocopia Mountains to the east, the San Bernardino Mountains and Little San Bernardino Mountains to the north, and the Salton Sea to the south. On the Valley floor, the region’s elevation on the north reaches a maximum of 1,600-feet (ft) above sea level and the lower elevations to the south reach a minimum of 250-ft below sea level.

The Project is located on the east side of Palm Springs, near the city limit neighboring Cathedral City. The City of Palm Springs is surrounded by the San Jacinto Mountains (west), Santa Rosa Mountains (south), Little San Bernardino Mountains and San Bernardino Mountains (north), and Indian Canyons (southwest). The Project site is relatively flat with a 0-5% slope and an elevation of approximately 360-ft. above mean sea level (AMSL). According to biological field investigation, the site is composed of stable or partially stable dunes. The stabilization is likely the result of commercial development to the north and west disrupting aeolian sand deposits that would otherwise have created active sand dunes and sand field.

At the site, no stream, springs, or other bodies of water, active drifts, rock outcrops, rocky area, or clay lenses were observed. The site is vacant, currently comprised of sand, desert vegetation, and paved roadways. The nearest waterway is the Whitewater River (east) and the Palm Canyon Wash (south), at a distance of approximately 0.4 miles and 0.5 miles, respectively.

Groundwater
The City of Palm Springs is home to the Whitewater River watershed, and Indio- and the Mission Creek-Subbasin, all of which are part of the Coachella Valley Groundwater Basin.

The Whitewater River watershed is the main source of groundwater for the Coachella Valley, spreading across cities including Palm Springs, Cathedral, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The watershed’s water capacity is 39 million acre-feet (af).
1 The Mission Creek Subbasin is located in the northwest portion of the Valley and has a water capacity of 2.6 million af.2

Desert Water Agency (DWA) services a 325-square mile area including Desert Hot Springs, Palm Springs, and part of Cathedral City. In the city of Palm Springs, DWA owns and manages 29 active wells, connecting to 392 miles of pipeline in which water is pumped from the Indio- and Mission

1 California Department of Water Resource, Coachella Valley Groundwater Basin, Indo Subbasin (accessed December 2023)
2 California Department of Water Resource, Coachella Valley Groundwater Basin, Mission Creek Subbasin (accessed December 2023)
Item 1C - Page 70

14 Creek-Subbasins and delivered to 23,000 active connections, servicing a population of approximately 72,000 (including seasonal population). The water is a source for urban, industrial, and golf course use. DWA ensures water quality is in accordance with regulations by the State Water Resource Control Board (SWRCB) Division of Drinking Water and the U.S. Environmental Protection Agency (EPA), as their latest 2022 water quality report indicates.

In terms of groundwater management, DWA works with Coachella Valley Water District to replenish the Whitewater River watershed and Mission Creek subbasin. This partnership is driven by conservation measures to prevent the groundwater basins from being in overdraft. The basins are recharged by groundwater replenishment facilities drawing water from the Colorado River Aqueduct via the Coachella Branch of the All-American Canal. In conjunction with these efforts, DWA practices sustainability by capturing water from mountain streams including Chino Creek, Snow Creek, and Fall Creek.

The Project is not located on or near a water source. The Whitewater River Channel is approximately 0.4 miles east.

B. Soils
The site’s soil is Myoma fine sand.3 Myoma fine sand is formed by wind-blown sand from recent alluvium carried across the Valley floor. Although the site is sandy and is in an area historically subject to sand dune formation, the soil appears to be stable or becoming stable. There are no indications of active sand dunes, although the Tribal Habitat Conservation Plan (THCP) classifies the site as “Active Sand Fields”. A potential reason for the stabilization of the site is the result of existing and ongoing development to the north and west, interrupting aeolian sand deposits that would have likely caused active sand dunes and sand fields.

C. Geologic Hazards
The Coachella Valley is categorized as a seismically active zone by its proximity to the San Andreas Fault and San Jacinto Fault, which is known to be active.

Seismic Faults
The Coachella Valley is a fault-bound depression, where the San Andreas Fault system runs along the northern margin. The San Andreas Fault zone starts east, near the Salton Sea, and continues north along the San Bernardino Mountains, and east beyond the Valley along the San Gabriel Mountains. The zone outlines where the Pacific and North American tectonic plates meet and move laterally in opposite directions (northwest and southwest, respectively). Additionally, the Banning Fault is a subordinate fault to the San Andreas Fault that runs east to west through the Valley between the San Andreas Fault and the San Jacinto Fault to the west.

In relation to the Project, the San Andreas and Banning Faults run to the north. The Garnet Hill Fault, a strand of the San Andreas Fault, is the nearest to the Project’s site on the north. The fault is a north-dipping right lateral strike slip fault. The fault has the potential for a 6.0-7.0 moment magnitude (Mw).4

3 WSP USA Environment and Infrastructure, Inc. (accessed December 2023) 4 Southern California Earthquake Data Center, https://scedc.caltech.edu/earthquake/garnethill.html (accessed December 2023)
Item 1C - Page 71

15 Seismic Groundshaking
The Project is subject to seismic groundshaking from the San Andreas Fault and related fault networks including the Banning, San Jacinto, and the Garnet Faults. The seismic activity affecting the site is dependent on four factors: intensity, duration, proximity, and geologic conditions of the site and surrounding area. The Tribal Building and Safety Code amends the latest California and International Building Standards Codes and is applicable to tribal lands, as in the case of the Project. The building standards require collapse-resistant design to ensure related impacts from seismic groundshaking are less than significant.

Liquefaction
Liquefaction occurs when loosely packed or water -lodged sediments become saturated with groundwater (generally less than 50 feet below the surface), losing their strength during an earthquake. The soil’s instability gives in to the pressure from infrastructure, causing the collapse of buildings and bridges during a seismic groundshaking episode. The Valley’s western portion, including Palm Springs, does not have liquefaction zones . 5 The Project is on fine-grained
sediments susceptible to liquefaction , but water under the site occurs at a depth greater than 50 feet. The site is not located on or near a liquefaction zone.

Paleontological Resources
Paleontological resources are fossils, remains, impressions, or traces of living organisms preserved in rocks and sediments. A significant paleontological resource is a site with a rare or previously unknown species that can generate greater information about the history and trajectory of life on Earth. The degree of significance for a paleontological resource site is determined by the Potential Classification Yield Classification System (PFYC). The classification is ranged from least to most significant:

• Class 1: Site does not contain paleontological resources. • Class 2: Site is not likely to have paleontological resources. • Class 3: Site paleontological resources ranges in significance. • Class 4: Site paleontological resources is high.
• Class 5: Site paleontological resources are high with a degree of significance. • Class U: Site paleontological resources is unknown.

The Project occurs within a Class 2 classification.

Conclusion
Overall, the construction of the Project on the northwest corner of Dinah Shore Drive and Lawrence Crossley Road does not pose a geological hazard nor does it disrupt paleontological resources.

5 California State Geoportal, Liquefaction Zones, https://gis.data.ca.gov/maps/ (accessed December 2023) Item 1C - Page 72

16 3.2 Water Resources

Surface Water and Drainage
The Project site is relatively flat, at an elevation of approximately 109 meters (360 feet) above mean sea level. No streams, washes, drainages, or other bodies of water occur on the subject site.

The nearest mapped waterways are the Whitewater River, located approximately 0.4 miles to the east, and Palm Canyon Wash, located approximately 0.5 miles south of the site. The Project property is currently bound by existing public roadways to the north, east, and south.

An on- site retention basin will be provid ed along the Project’s northern frontage with Indian Springs Road. This retention basin will be required to have adequate capacity for all additional run-off resulting from impervious surfaces added to the site by the proposed development. Prior to the issuance of grading permits, the Tribe will require the preparation a of hydrology study. This study must assure that on-site retention will be designed to accommodate the 100-year storm, and will be consistent with the Tribe’s and the City’s requirements on the on-site retention of storm flows. This will ensure that impacts to drainage will be less than significant.

Prior to development of the proposed Project, a water quality management plan (WQMP) and Stormwater Pollution Protection Plan (SWPPP) will also be required to protect the water quality of storm flows. The WQMP and SWPPP will include Best Management Practices (BMPs) to ensure that storm flows are free from pollution resulting from construction and operation of the Project, before the flows enter the groundwater system. These BMPs will be approved by the Tribe during the grading permit process, ensuring that impacts to surface water will be less than significant.

Flooding
According to the FEMA flood insurance rate map (FIRM) Number 06065C1586G, the subject site is in Zone X, denoting an area of minimal flood hazard. The Project’s hydrology study will be required to set forth a design ensuring that the Project and adjacent streets and lands will be protected from the 100-year storm event, and that the proposed development will not result in on- or off-site flooding.

Groundwater
The Whitewater River/Indio Subbasin is the primary groundwater source for Palm Springs. Desert Water Agency provides domestic water service to most of Palm Springs, including the subject site.

DWA participates in joint groundwater basin management with the Coachella Valley Water District (CVWD) for the Indio Subbasin, as described above. Natural recharge to the groundwater basin occurs through surface runoff and recharge. DWA and CVWD provide groundwater replenishment using water imported via the State Water Project (SWP).

Local and regional water agencies have developed and are implementing long -range plans and programs to assure the availability and provision of adequate high-quality water for the future. For example, t he 2022 Indio Subbasin Water Management Plan Update was prepared for DWA, CVWD, the Coachella Water Authority, and the Indio Water Authority pursuant to the Sustainable Groundwater Management Act.

Item 1C - Page 73

17 Water Use
The subject site is within the service boundary for the DWA, which participated in the preparation of the Coachella Valley Regional Urban Water Management Plan (RUWMP) in 2020 to meet State reporting requirements. DWA uses groundwater and local surface water to provide potable water, as well as recycle water and local surface water for non-potable uses.

The Project would use water for indoor commercial purposes as well as for irrigation of landscaped areas. Indoor water demand was calculated using the water consumption factor for supermarkets from the Water Research Foundation (WRF) Commercial and Industrial End Uses of Water (2000). While the water consumption factor for supermarkets may overstate the water demand expected from the convenience store and Class II Gaming area, this estimate conservatively accounts for food and product sales at the convenience store. Using the WRF factor of 52 gallons per square foot per year, and the ultimate buildout of up to 9,500 square feet (including potential future phases of development), the Project is expected in generate an indoor water demand of 1.52 acre-feet per year (AFY).

Based on the minimum requirement of 25% landscaped area in the M-1 zone according to the Palm Springs Zoning Code, the Project site is assumed to include approximately 39,000 square feet of landscaped area. This landscaped area is estimated to consume 1.9 7 AFY of water, as shown in Table 2, below.

Table 2
Water Demand at Project Buildout
Proposed
Land Use Quantity Water Consumption Factor
Water
Demand
(gpd)
Total Water
Demand at
Buildout (AFY)
Commercial 9,500 SF 52 gallons per SF per year 1,353.42 1.52 Landscaping 39,000 SF 58.87 ETo (in/yr) x 0.45 ETAF x 0.62 conversion factor (gal/SF) 1,754.97 1.97
TOTAL 3,113.39 3.49
Commercial water consumption factor based on WRF Commercial and Industrial End Uses of Water (2000).

As shown in the above table, the Project is estimated to consume approximately 3,100 gallons per day or 3.5 acre-feet per year of water for indoor and outdoor uses. The proposed development will be required to comply with the water efficiency requirements provided in the Tribe’s Land Use Ordinance and Building and Safety Code.

According to the Coachella Valley RUWMP, DWA’s actual water supply was 33,207 AFY in 2020, and its projected water supply in 2025 is 39,641 AFY. The RUWMP demonstrates that with the reliability of its groundwater, surface water, and recycled water supplies , DWA can meet demands through 2045 during normal, single dry year, and multiple dry year periods. The Project’s estimated water demand of 3.5 AFY would represent approximately 0.1% of the 6,434 AFY of planned increases in the DWA’s water supplies between 2020 and 2025. Water use associated with the proposed Project is therefore anticipated to have less than significant impacts.

Water Quality
The US Environmental Protection Agency (EPA) administers and implements the Clean Water Act of 1972, as amended. The purpose of the Act is to protect water quality from the discharge of pollutants generated by the man -made environment. The programs established under the Act Item 1C - Page 74

18 include the National Pollution Discharge Elimination System (NPDES), which is a program that protects receiving waters from surface water pollution. Although the Tribe is not required to be a permittee under the NPDES, the Project will generate surface wat er flows which will enter the City of Palm Springs’ drainage system, and the City will require that these flows comply with its permit requirements. The City operates under the Whitewater River Watershed plan (MS4), under permit by the Colorado River Basin region of the Water Quality Control Board.

These regulatory requirements will require the preparation of a Project -specific Water Quality Management Plan (WQMP) and Stormwater Pollution Prevention Plan (SWPPP). Both required documents will include Best Management Practices (BMPs) to control and min imize pollution in surface waters. These measures will ensure that the proposed development will have less than significant impacts on water quality.

3.3 Air Quality

The Project site is within the Riverside County portion of the Salton Sea Air Basin (referred to as Coachella Valley Planning Area or Coachella Valley), under the jurisdiction of the South Coast Air Quality Management District (SCAQMD).

The State of California and the EPA have established ambient air quality standards (AAQS) for the seven most common air pollutants, known as criteria pollutants: ground -level ozone (O 3),
carbon monoxide (CO), nitrogen dioxide (NO 2), sulfur dioxide (SO 2), particulate matter with a diameter of 10 microns or less (PM 10), and particulate matter less than 2.5 microns (PM 2.5), and lead (Pb). California has also set limits for sulfates, hydrogen sulfide (H2S), vinyl chloride, and visibility-reducing particles.

SCAQMD operates three air quality monitoring stations in Source Receptors Area (SRA) 30 (Coachella Valley): Indio, Palm Springs, and Mecca. These stations measure existing air quality in the Coachella Valley, which is evaluated in the context of the ambient air quality standards. The Riverside County portion of the Salton Sea Air Basin (SSAB) is federally designated as being in non-attainment for ozone (non-attainment – extreme) and for PM 10 (non-attainment – serious).6 In
order to achieve attainment for PM10 in the region, the 2003 Coachella Valley PM10 Management Plan was adopted, which established strict standards for dust management for development projects.

Regulatory Setting

National Environmental Policy Act (NEPA)
The National Environmental Policy Act of 1969 requires federal agencies to evaluate the environmental and related social and economic effects of a proposed action, including the potential to significantly impact air quality. To determine the level of significance under NEPA, the annual direct and indirect project-related emissions of all criteria pollutants resulting from the Project’s construction and operational activities were compared to the applicable EPA General Conformity de minimis levels. De minimis levels are defined in 40 CFR § 93.153 as the minimum threshold

6 U.S EPA, Nonattainment Areas for Criteria Pollutants (Green Book), https://www.epa.gov/green-book (accessed December 2023).

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19 for which a conformity determination must be performed for various criteria pollutants in a nonattainment or maintenance area. (See the General Conformity and De Minimis Levels discussion, below).

Federal Clean Air Act (CAA)
The Federal Clean Air Act (CAA), as amended, is the primary federal law that governs air quality.

The CAA, and related regulations by EPA, set standards for the concentration of pollutants in the air known as National Ambient Air Quality Standards (NAAQS). The EPA has established NAAQS for six common criteria pollutants that have been linked to potential health concerns, including carbon monoxide (CO), lead (Pb), ground-level ozone (O 3), particulate matter (PM10 and
PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2). The NAAQS are set at levels that protect public health with a margin of safety, and are subject to periodic review and revision.

Federal air quality standards and regulations provide the basic scheme for project-level air quality analysis under NEPA.

General Conformity and De Minimis Levels
The General Conformity Rule is established under section 176(c) of the CAA and requires Federal agencies to assure that their actions conform to applicable implementation plans for achieving and maintaining the NAAQS for criteria pollutants. Under this Rule, federal agencies must work with state, tribal and local governments in a nonattainment or maintenance area to ensure that federal actions conform to the air quality plans established in the applicable state or tribal implementation plan. Conformity requirements apply only in nonattainment and “maintenance” (former nonattainment) areas for the NAAQS, and only for the specific NAAQS that are or were violated.

U.S. EPA regulations at 40 Code of Federal Regulations (CFR) 93 govern the conformity process.

The General Conformity Rule applies to all federally funded or approved actions within nonattainment or maintenance areas with three exceptions: (1) actions covered by the Transportation Conformity rule, (2) actions with associated emissions below specified de minimis levels; and (3) other actions which are either exempt or presumed to conform. Exempt actions include: (1) federal actions covered by the Transportation Conformity; (2) actions with total direct and indirect emissions below specified de minimis levels; (3) actions specifically listed as exempt in the rule; or (4) actions included on any list of Presumed -to-Conform actions. Conformity requirements do not apply in unclassifiable/attainment areas for NAAQS.

Tribal Authority Rule (TAR)
The EPA is responsible for the implementation of the Clean Air Act on Tribal lands. The EPA’s Tribal Authority Rule (TAR) provides federally recognized tribes the opportunity to develop and implement only those parts of the Clean Air Act that are appropriate for their lands, including air quality management programs. Indian Tribes are not required to adhere to state or local agency implementation plans, such as the California Air Resources Board or SCAQMD. Instead, a tribe may voluntarily comply with state/local regulations as they see fit.

Greenhouse Gases
The Council on Environmental Quality (CEQ) was established under NEPA and provides guidance and recommendations in line with national policies and goals intended to improve environmental quality. Consistent with Executive Order (EO) 13990, Protecting Public Health and the Item 1C - Page 76

20 Environment and Restoring Science to Table the Climate Crisis, CEQ has issued an interim NEPA Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (issued January 9, 2023), which is currently under review for consistency with current law, and is the standard upon which NEPA review of greenhouse gases is conducted.

Existing Conditions
Meteorological conditions in the Project vicinity are largely attributable to the low desert geographic setting and the mountains surrounding the region that isolate the Coachella Valley from moderating coastal influences and create a hot and dry low -lying desert condition. As the desert heats up a large area of thermal low pressure develops, which draws dense, cooler coastal air through the narrow San Gorgonio Pass and into the Valley, generating strong winds that cross the most active fluvial (water -related) erosion zones in the Valley. These strong winds sweep up, suspend and transport large quantities of sand and dust, reducing visibility, damaging property, and constituting a significant health threat. The region is also subject to seasonal northeasterly Santa Ana winds that are associated with high pressure parked over Nevada and the four corners region.

Air inversions, where a layer of stagnant air is trapped near the ground and is loaded with pollutants from motor vehicles and other sources, occasionally occur in the Coachella Valley due to local geological and climatic conditions. Inversions create conditions of haziness caused by suspended water vapor, dust, and a variety of chemical aerosols. Due to local climactic conditions, inversion layers generally form at elevations of 6,000 to 8,000 feet.

Alternative Transportation
As discussed in the Transportation section of this document, the Project site is lined by existing sidewalks along Indian Springs Road to the north, Lawrence Crossley Road to the east, and Dinah Shore Drive to the south. Existing on-street bike lanes occur on Lawrence Crossley Road.

According to the City’s Recreational Trails Map and Bikeways Map, as provided in the Circulation Element, a bike path is also proposed for Dinah Shore Drive.

SunLine Transit Agency currently provides bus service to Palm Springs. The nearest route to the subject site is Route 2, which runs along Ramon Road approximately 2,120 feet north of the Project. SunLine uses clean/alternative fuel vehicles.

Project Emissions
The Project proposes the development of a 8,600 square foot convenience store and gas station, including Class II gaming uses within the convenience store. The gas station would include 24 vehicle fueling positions. A total of 90 parking spaces will be provided on-site, including 12 Level 3 electric vehicle charging spaces. For the purpose of analysis, it is assumed that 25% of the total site area will be landscaped, consistent with the minimum landscaped area requirements per the Palm Springs property development standards for zone M-1.

A future phase of development on the Project site may result in up to an additional 900 square feet added to the convenience store and Class II Gaming area. To account for this potential future addition, the air quality modeling assumed a total of 9,500 square feet of built area.

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21 The Transportation Analysis report prepared for the proposed development calculated the trip generation for the Project using the Institute of Transportation Engineers (ITE) Trip Generation land use codes for Convenience Store/Gas Station (LU Code 945) and Casino/Video Lottery Entertainment (LU Code 473). According to the Transportation Analysis report, these land uses would generate 5,011 average daily trips (ADT) at buildout.

The proposed Project is expected to generate criteria pollutant emissions during construction and operations. The California Emissions Estimator Model (CalEEMod) Version 2022.1.1.21 was used to project air quality emissions that will be generated by the Pr oject (Appendix A). Table 3 summarizes short-term construction-related emissions, and Table 4 summarizes ongoing emissions generated during operation.

Impact Significance Considerations

Construction Impacts
Construction of the Project will involve site preparation, grading, paving, building construction, and application of architectural coatings. The Project is expected to be developed in phases, with the initial 8,600 square foot convenience store and gas station development first, and the potential addition of up to 900 square feet at a later stage. However, for the purpose of air quality modeling, it is assumed that construction of the entire Project would be continuous and occurring over a 1.5- year period. This includes approximately one year for development of the convenience store, 24 gasoline/diesel fuel dispensers , and 90 parking spaces, including 12 Level 3 electric vehicle charging spaces. The additional 6-months of construction time represents the potential future development of the addition to the convenience store building.

Table 3 shows that maximum daily (pounds per day) and annual (tons per year) unmitigated emissions resulting from the 18-month construction period. The analysis of construction emissions assumes that earthwork will be balanced on -site. Development of the p roposed Project will be subject to the implementation of a dust control and management plan consistent with SCAQMD Rule 403.1, as well as the use of low -VOC architectural coatings as required by SCAQMD Rule 1113. As shown in Table 3, emissions resulting from Project-related construction would not exceed the SCAQMD thresholds.

Table 3
Maximum Daily/Annual Construction-Related Emissions Summary Construction Emissions CO NOx ROG SO2 PM101 PM2.51
Daily Maximum1 (pounds/day) 34.7 36.1 3.74 0.05 21.5 11.6 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No
Annual Maximum (tons/yr) 1.86 1.43 0.21 <0.005 0.20 0.12 De minimis levels (40 CFR § 93.153) - 10 102 - 703 -
Exceeds? - No No - No -
1 Standard dust control measures have been applied to the PM emissions. 2 The most strict standard is 10 tons/year for Extreme NAAs. 3 The most strict standard is 70 tons/year for Serious NAAs.

Emission Source: CalEEMod model, version 2022.1.1.18

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22 Table 3 also shows the de minimis levels for ozone and PM10 emissions. The Coachella Valley is designated as an Extreme non-attainment area for ozone, and a Serious non -attainment area for PM10. As defined in 40 CFR §93.153, de minimis levels are the minimum thresholds for which a conformity determination must be performed for criteria pollutants in a non -attainment or maintenance area. Project actions with total direct and indirect emissions below the applicable de minimis levels are assumed to conform with the Federal Implementation Plan and are not subject to a conformity determination. As shown in the table, the Project’s construction emissions of ozone pre-cursors (NOx and ROG/VOC) and PM10 would be below the General Conformity de minimis levels, and therefore a conformity determination is not required.

Construction of the proposed Project will also comply with applicable policies in the City of Palm Springs General Plan and Tribal Code requirements. These standard requirements include Tier 1 or higher construction equipment and the preparation of dust control management plans. Given that emissions resulting from construction of the proposed development are projected to be below the de minimis levels and that Project construction will comply with standard regulations, air quality impacts resulting from construction will be less than significant.

Operational Impacts
Operational emissions are the ongoing emissions that will occur over the life of the Project. They include area source emissions ( e.g., architectural coatings ), emissions from energy demand (electricity), and mobile source emissions (from vehicle s). As previously stated, the Project is expected to generate 5,011 average daily trips during operations according to the Transportation Analysis report.

Table 4 shows the maximum daily (pounds per day) and annual (tons per year) unmitigated emissions projected to result from operation of the Project at buildout. As shown in the table below, maximum daily operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. The Project’s annual operational emissions of ozone precursors (NO x and
ROG/VOC) and PM10 would also be below the federal General Conformity de minimis levels, and therefore a conformity determination is not required. Project operational impacts would therefore be expected to be less than significant.

Table 4
Maximum Daily Operational-Related Emissions Summary
(pounds per day)
Operational Emissions CO NOx ROG SO2 PM10 PM2.5
Daily Total (pounds/day)1 160 17.9 20.1 <0.005 27.9 7.26 SCAQMD Thresholds 550.00 55.00 55.00 150.00 150.00 55.00 Exceeds? No No No No No No
Annual Total (tons/yr) 13.3 1.90 2.84 0.03 2.19 0.57
De minimis levels (40 CFR § 93.153) - 10 102 - 703 -
Exceeds? - No No - No -
1 Maximum daily emissions.
2 The most strict standard is 10 tons/year for Extreme NAAs. 3 The most strict standard is 70 tons/year for Serious NAAs.

Emission Source: CalEEMod model, version 2022.1.1.18.

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23 Toxic Air Contaminant (TAC) Emissions
Refueling activities at gas stations result in the release of benzene emissions. Benzene is a carcinogen and is identified by the California Air Resources Board (CARB) as a toxic air contaminant. According to the CARB Air Quality and Land Use Handbook, a w ell-maintained vapor recovery system can decrease benzene emissions by more than 90%. 7 SCAQMD Rule 461 (Gasoline Transfer and Dispensing) requires the use of CARB certified vapor recovery systems at all gas stations. The Project will comply with Rule 461, thereby minimizing potential benzene emissions.

Air pollution levels associated with gas stations decrease with distance from the facility. The CARB Air Quality and Land Use Handbook provides recommended separations for siting sensitive receptor land uses relative to gas stations. CARB recommends a 50 -foot separation for typical gasoline dispensing facilities, and a minimum of 300 -feet of separation for large gasoline dispensing facilities. The nearest sensitive receptor land uses to the Project are the residences located approximately 1,400 feet south of the subject site. This distance far exceeds the standard, and will assure that surrounding residents are not impacted by the facility.

The proposed convenience store and gas station will also be subject to applicable federal gasoline regulations, as established by the EPA through the Clean Air Act. Compliance with these regulations and SCAQMD Rule 461, combined with the Project’s distance from any sensitive receptor land uses, will ensure that the proposed development has less than significant impacts relating to air emissions.

Objectionable Odors
The Project may generate odors on a short-term basis during construction, and on a long-term basis during operations. Construction odors could result from the use of heavy equipment, asphalt or tar installation, and other construction activities. These odors would dissipate quickly, and would be short in duration.

During operations, the proposed development would not be expected to generate substantial odor emissions. SCAQMD lists the following land uses as being prone to generating odors: agriculture, chemical plants, composting operations, dairies, fiberglass molding, landfills, refineries, rendering plants, rail yards, and wastewater treatment plants. 8 The Project does not propose any land uses identified by SCAQMD as being prone to odor emissions. As previously stated, the proposed gas station would conform to SCAQMD Rule 461 (Gasoline Transfer and Dispensing) which establishes requirements to control gasoline vapor emissions.

The Project site is approximately 1,400 feet (427 meters) from the nearest sensitive receptor land uses. Therefore, any objectionable odors generated by the Project, during construction or operation, would be expected to dissipate over this distance. Const ruction and operational odors are expected to result in less than significant impacts.

7 California Environmental Protection Agency and California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005).
8 South Coast Air Quality Management District, Air Quality Guidance Document (May, 2005).

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24 Cumulative Impacts
A significant impact could occur if the Project would make a considerable cumulative contribution to pollutants for which the region is in federal or State non-attainment. The Coachella Valley portion of the SSAB is classified as a non-attainment area for PM10 and ozone. Given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts, cumulative air quality analysis is evaluated on a regional scale. Any project resulting in emissions of PM
10, ozone, or ozone precursors (including CO, NOx, and ROG) will contribute, to some extent, to regional non-attainment designations for ozone and PM10.

The SCAQMD does not currently recommend quantified analyses of construction and operational emissions from multiple development projects, nor does it provide methodologies or thresholds of significance for assessing the significance of cumulative emissions from multiple projects.

However, it is recommended that a project ’s potential contribution to cumulative impacts should be assessed using the same significance criteria as those used for project-specific impacts.

Furthermore, SCAQMD states that if an individual development project generates less than significant construction or operational emissions, then the project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.

As shown in Tables 3 and 4 above, the Project’s emissions of PM 10, CO, NOX, and ROG emissions
are projected to be below established SCAQMD thresholds. The annual maximum pollutant emissions levels are also projected to be below the General Conformity de minimis levels.

Therefore, the Project would result in incremental, but not cumulatively considerable, impacts to regional PM10 and ozone levels.

3.4 Living Resources
The Project’s site is vacant with minimal desert vegetation. The surrounding environment to the south, east, and immediately to the west also consists of undeveloped land and sparce desert growth. There are commercial buildings to the north. Although the site is unoccupied by development, its location in a commercial and industrial area directly and indirectly impacts its living resources.

Regulatory Background
The Bureau of Land Management (BLM) manages the Palm Springs -South Coast Field Office which encompass 1.7 million-acres of Southern California coast and desert, including the Coachella Valley. Under BLM, the use of public lands must stay consistent with the Federal Land Policy and Management Act (FLPMA). Additionally, the U.S. Fish and Wildlife Service (USFWS) enforces the Endangered Species Act (ESA) by recording and monitoring designated endangered species. These two regulatory bodies concentrate on the environmentally sustainability of a development project, ensuring the preservation of native land and species.

In compliance to the ESA, Palm Springs, and other cities in the Coachella Valley, adopted the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP). The CVMSHCP is a program to protect species and their habitat from development projects through the payment of Local Development Mitigation Fee.

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25 The Project location at the northwest intersection of Dinah Shore Drive and Lawrence Crossley Road in Palm Springs is within Section 20 and part of the Tribe’s jurisdiction. The site’s status as Indian sovereign territory requires its compliance with the Tribal Habitat Conservation Plan (THCP), which is a companion document to the CVMSHCP. The THCP implements a program to manage and protect natural resources and habitats including the mountains, foothill, canyons, wetlands, alluvial fans, and sandy desert flats for a variety of plants and creatures considered by USFWS and the Tribe as necessary to conserve.

The THCP is applicable to all Agua Caliente Indian Reservation land. It provides permits and development pathways to protect and conserve federally listed endangered species and those considered “special status species” by the Tribe. The THCP lists three plants, two invertebrates, one amphibian, three reptiles, nine birds, and four mammals as Covered Species (collective term referring to the “special status species”), totaling to 22 species.

The THCP divides the Agua Caliente Indian Reservation geographically between the Mountains and Canyons Conservation Area, and Valley Floor Planning Area where the Project is located.

A. Wildlife
A biological resources assessment was conducted for the site.9 The assessment reports the absence of a diverse or abundant wildlife population. The observations identify nine species common to the region, consisting of four reptiles and five birds.

The reptiles observed were the western whiptail, the zebra-tailed lizard, the desert iguana, and the side-blotched lizard. Other common reptiles that were not detected but could occur, include but are not limited to, the desert glossy snake, the Colorado Desert shovel-nosed snake, the red racer, and the Colorado Desert sidewinder.

The birds detected on-site were the Eurasian collared dove, the mourning dove, the common raven, the verdin, and the northern mockingbird. Other bird species with the potential to occur include the house finch, Costa’s hummingbird, the great-tailed grackle, the red-tailed hawk, the American kestrel, and the house sparrow.

During the assessment, no mammal species was detected, however based on the site’s conditions there is potential for five species to occur including the Botta’s pocket gopher, the desert cottontail, the white-tailed antelope squirrel, the black-tailed jackrabbit, and the coyote.

No special status wildlife species were detected on-site or adjacent to the site. However, there is a total of 31 special status wildlife species that have the potential to occur in the vicinity. Of those, 10 are considered to occur at a very low to low potential : the Crotch bumble bee, the Coachella giant sand treated cricket, the Coachella Valley Jerusalem cricket, the northern red diamond rattlesnake, the flat-tailed horned lizard, the Coachella Valley fringe -toed lizard, the burrowing owl, the pallid San Diego pocket mouse, the Palm Springs pocket mouse, and the Coachella Valley (Palm Springs) round-tailed ground squirrel.

9 WSP USA Environment and Infrastructure, Inc., Biological Resource Assessment Report (accessed December 2023)
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26 All 10 special status wildlife species are very unlikely or unlikely to occur at the site due to lack of acceptable habitat, and therefore the Project poses no significant impact to their self-sustaining population. Only burrowing owl would require a focused survey to conclusively determine their absence from the site and thus comply with the THCP requirement to avoid direct loss to the greatest extent possible. In order to reduce impact to burrowing owl, a mitigation measure has been included in Section 4 requiring a pre-construction survey to assure the species is not present, or if it is to allow for its relocation. With the implementation of this mitigation measure and the payment of the THCP mitigation fee, impacts to sensitive wildlife will be reduced to less than significant levels.

B. Vegetation
The Project site consists of mature and sparse Sonoran creosote bush scrub vegetation community, a dominant native plant species. Three other perennials were observed: the white bur-sage, the four-wing saltbush, and the indigo bush. Additionally, there are native and non-native herbaceous species on-site. The native species are the desert dicoria, and the Spanish needles. The non-native species are the Mediterranean grass, the Sahara mustard, and the redstem filaree.

No special status plant species were detected during the field assessment. However, the site is suitable for 10 special status plants including the chaparral sand-verbena, singlewhorl burrobush, the Borrego milk-vetch, the Coachella Valley milk -vetch, the Arizona spurge, the flat-seeded spurge, the ribbed cryptantha, the winged cryptantha, the Little San Bernardino Mountains linanthus, and the slender cottonhead.

All 10 special status plant species are unlikely to occur on the site and the site is very unlikely to sustain a significant population, thus the Project is not expected to result in significant impacts to these species.

No natural wetlands, riparian, or other special status vegetation community was observed on the Project’s site. No impacts to sensitive natural communities will occur.

C. Ecosystems
The Project’s open space and vegetation makes it suitable to sustain wildlife and vegetation.

Currently, the site’s ecosystem consists of common species from the region including, but not limited to, western whiptail, the zebra-tailed lizard, Eurasian collared dove, the mourning dove, the desert dicoria, and the Spanish needles. The on-site species do not appear in abundance. In addition, special status species have the potential (very low to low) to occupy the site. During the field assessment, no special status species, or sign of them were detected.

D. Agriculture
The Project is in Palm Springs, a high-density urban area with residential, commercial, industrial, and recreational space. Neither on the site nor anywhere near its vicinity is there domestic agricultural production.

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27 Conclusion
Overall, the Project site is unlikely to cause adverse biological or agricultural effects. However, mitigation measures including pre-construction surveys for burrowing owl and mitigation fee payments to reduce impact related to development and ensure the Project’s compliance with the THCP’s regulation standards have been provided in Section 4 to reduce Project impacts to living resources.

3.5 Cultural Resources
Southern California is home of the Native American Cahuilla Tribe. The Cahuilla tribe were hunters and gathers, expanding over the San Bernardino basin, the San Jacinto Mountains, the Coachella Valley, and the southern portion of the Mojave Desert. The geographical landscapes consisting of tall mountains, deep valleys, and rocky canyons which divided the tribe into three independent groups made up by the Desert, Mountain, and Western (Pass) Cahuilla. All three groups spoke the Cahuilla language and shared similar lifestyles, traditions, and practices.

The Agua Caliente Band of Cahuilla Indians is part of the Western Cahuilla subgroup. The Tribe’s Traditional Use Area included areas south of the Borrego Desert, north of the San Bernardino Mountains, east of the Colorado River, and west including the City of Riverside. The Tribe spoke the Cahuilla language as well as their own unique dialect. The Tribe lived by hot mineral springs where they had access to clean water and a space for ceremonial rituals. According to dated archeological finds, the Tribe has lived in the Palm Springs area for at least 7,000 years. At the time of European settlement in the area, the Tribe was severely impacted by conflict, disease, and displacement.

Under Presidential Executive Order by Ulysses S. Grant, in 1876 the Tribe was allotted territory in Palm Springs (Section 14 and part of Section 22). The following year, Rutherford B. Hayes issued an Executive Order that expanded the Agua Caliente Indian Reservation to generally include the even numbered sections in three townships, totaling to 34,000-acres.

Cultural Setting
The Coachella Valley has evolved in its cultural landscape. Three defining prehistoric periods of the area include the Paleoindian, Archaic, and Late Prehistoric period.

The Paleoindian period (12000-8000 B.P.) is characterized by the Clovis Paleo-Indians, who were small groups of hunters and gathers settled in modern-day United States and Mexico. They were not the first North American settlers but were amongst the first to dominate the region. Th is anthropocentric period is poorly understood due to the lack of evidence available. However, the lack of archeological artifacts in the northern region of the Coachella Valley (encompassing Palm Springs) may signal a lack of habitat for large game hunting by the Clovis people.

The Archaic period (8000-1500 B.P.) experienced hot and dry climate, leaving the Coachella Valley abandoned. Not until Late Archaic, did temperatures settle and the Colorado Desert was reoccupied, as archeological findings in the northern Coachella Valley indicate. The settlements where temporary as people lived in highly mobile bands to take advantage of the seasonal food resources throughout the area.

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28 The Late Prehistoric period (1500-200 B.P.) is defined by the Yuman (or Patayan), who were agricultural groups by the Colorado River. Either from diffusion or migration, long-distance trade networks were established to connect the Coachella Valley and the Colorado River. During this process, agricultural crops were introduced to the southern region of the Coachella Valley, where domesticated crops became a fundamental component of the Yuman diet.

In relation to modern day, the Late Prehistoric period tribal groups found in the Coachella Valley are the closest ancestors to the Tribe. Their occupation in the region marks an increase of settlements in the Coachella Valley.

Ethnohistoric and Historic Context
During the Historical period, the Western Cahuilla occupied the West Coachella Valley. The Western Cahuilla settlement on the valley floor took advantage of the desert resources. These resources were often found near or around water, therefore the Cahuilla hand-excavated walk-in wells to access potable water. In having found an ideal environment, the Tribe would build permanent settlements and once the village was established, it was added to a complex system of trails connecting it with other villages.

The Western Cahuilla optimized native resources by using more than 150 species of plants for food, fiber, medicine, manufacture, and dyes. Additionally, corn, beans, and squash crops, introduced by trade along the Colorado River to the east, were irrigated from springs. The Western Cahuilla would hunt a variety of mountain and desert animals including deer, mountain sheep, pronghorn, and smaller animals like rabbits and rodents.

The first Western Cahuilla and European interaction occurred in the winter of 1823-1824 with the expedition of Jose Romero. During these expeditions, surveys were conducted in which the Coachella Valley’s landscape was documented as a Native American agricultural valley. The Western Cahuilla were exposed to smallpox and measles which they had never come across before, triggering an epidemic and decimating their population.

In 1876, the Agua Caliente Indian Reservation was founded and the following year, the Tribe was allotted approximately 34,000-acres of reservation land, consisting of all even-numbered sections and unsurveyed portions of Township 4 South, Ranges 4 and 5 East, and Township 5 South, Range 4 East, on San Bernardino Base and Meridian, except for sections already given out by the government.

The Coachella Valley was predominantly an agricultural valley but after the construction of the state highway, it transitioned to commercial development. By the mid-twentieth century, hotels, resorts, and golf clubs began to appear throughout the Valley and its popularity as a vacation destination began to grow.

Cultural Resource Impacts at the Project Site
The Project’s location in relation to historic landmarks is 12 miles east of Tahquitz Canyon and 7 miles northeast of Indian Canyon. These two landmarks are classified under the National Register of Historic Places. In addition, archeological studies of the historical period Cahuilla consist of excavations at the former Mission Creek Indian Reservation, approximately 26 miles northwest of the Project’s site and Tahquitz Canyon, 12 miles west of the Project.

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29 A cultural survey was conducted for the site.10 The cultural survey reports the absence of historical- period structures and features on-site and its vicinity. No cultural resources were identified in the Project area. However, the Project area is considered sensitive for buried prehistoric cultural resources and therefore the Tribe’s standard conditions for the presence of a Tribal monitor during earth moving activities will be implemented, as detailed in Section 4.

3.6 Socioeconomic Conditions

A. Employment and Income
According to the United States Census Bureau’s 2022 American Community Survey (ACS) for Palm Springs, the population subgroup eligible for civilian work (16 years and older) is 22,611 .

The workforce population generated a median household income of $67,451. 11 The Tribe through its multiple business ventures in casinos, real estate, and gas stations (as the Project proposes), generates a constant stream of revenue for the Tribe. These developments support and further the Tribe’s goal for economic diversification and independence.

B. Demographic Trends
The ACS estimates a population size of 45,223 for Palm Springs. The population consists primarily of the 18 to 64 age group (56.7%), where the remaining is split amongst 65 years and older (39.6%), and 17 years and younger (10.1%).

As relates to race and ethnicity, the majority is White, accounting for 71.1% of the total population (32,154), followed by Hispanics and Latinos with 23.3% (10,536), African Americans with 5.7% (2,577), Asians with 5.2% (2,351), and Native Americans with 1% (452).

C. Lifestyle and Cultural Values
The city of Palm Springs lifestyle centers on the desert oasis aesthetic with warm weather 365 - days a year and dramatic desert landscapes. Palm Springs is a vacation destination with resorts and hotels, natural springs, golf clubs, and outdoor recreational spaces.

The Tribe has significantly influenced the development of Palm Springs into a popular destination city with the development of three casinos: the Agua Caliente Palm Springs, Agua Caliente Rancho Mirage, and Agua Caliente Cathedral City. These properties in the Coachella Valley offer their own unique experience with gaming access, concerts, performative shows, and luxury accommodations.

D. Community Infrastructure
Public Safety Services
The Project receives public services from the Palm Springs Fire Department and the Palm Springs Police Department. The Departments service all of Palm Springs, including Reservation lands.

10 Statistical Research, Inc. Cultural Resource Survey (accessed December 2023) 11 U.S. Census Bureau, 2022 Palm Springs, https://www.census.gov/quickfacts/palmspringscitycalifornia (accessed December 2023)
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30 The Palm Springs Fire Department protects the city’s population (permanent and seasonal) within their 96 square mile jurisdiction. The department manages five fire stations spread across the main urban region of Palm Springs. The department offers emergency response that includes but is not limited to fire suppression, paramedic emergency, hazardous material respons e, and confined space rescue. Additionally, the department offers community risk reduction and emergency management.

The Project’s location on the intersection of Dinah Shore Drive and Lawrence Crossley Road, places the Palm Spring Fire Department Station No.5 on 5800 Bolero Road, 1.1 miles southeast from the site. Fire Station No.5 is the primary responder for areas including Ramon Road to the north, Gene Autry Trial to the west, and South Ridge to the south.

The City’s Police Department is located at 200 S Civic Drive, 2.6 miles northwest of the project’s site.

The Project will result in a convenience store and fuel station. The Project will be reviewed by both the Fire and Police departments for compliance with their standards, which are consistent with Tribal Building and Safety Code requirements.

Utilities
The Project will be served by Desert Water Agency. DWA uses 29 wells to pump water from the Whitewater River and Mission Creek groundwater basins located underneath the Palm Springs area. The system includes 23,000 active water connections throughout 392 miles of pipeline that supplies domestic water to a population of approximately 72,000. The aquifer has a water capacity of approximately 39-million acre-feet. The basins are the main source of domestic water for the City of Palm Springs and the rest of the Coachella Valley, therefore DWA actively replenishes the aquifer with water from the Colorado River Aqueduct to maintain constant groundwater levels.

Besides servicing portable water, DWA also manages the wastewater recycling system for Palm Springs (including the site). Palm Springs and DWA entered an agreement to enhance groundwater conservation by recycling wastewater. The Wastewater Treatment Plant located on 4375 E.

Mesquite Avenue, Palm Springs, receives sewage from residential, hospital, commercial, and industrial buildings through a network of pipes. The wastewater is treated and about 75% is sent to DWA for further filtration and disinfection. O nce the wastewater meets state and federal recycled water standards, DWA provides the recycled water to various locations for irrigation purposes. DWA recycled water capacity is 10 million gallons per day, lessening the pressure on the aquifer to supply all water needs. The remaining 25% from the treated water from the Wastewater Treatment Plant flows into percolation ponds where it seeps into the ground to recharge groundwater.

Palm Springs Disposal Service (PSDS) offers residential, commercial, and industrial waste collection for the City and Project. PSDS temporary unloads waste onto the Edom Hill landfill, located on 70-100 Edom Hill, Cathedral City, approximately eight miles away from the Project’s location. After sorting at the Edom Hill landfill, the waste is transported to the Lamb Canyon facility in Beaumont for further processing. The Lamb Canyon Landfill has a remaining solid waste capacity of 19 million cubic yards with a maximum permit capacity of approximately 39 Item 1C - Page 87

31 million cubic yards. As shown in Table 5, the Project will generate 1.125 tons per year of solid waste. The Project’s solid waste will account for less than 1% of the overall solid waste capacity per year. No significant impact to the facility is anticipated.

Table 5
Estimated Solid Waste Disposal at Project Buildout
Land Use CIWMB Disposal Rates* Proposed
Solid Waste
Disposal (pounds
per day)
Solid Waste
Disposal (tons
per year)

3.6 acres
Commercial
13 lb/1000 sq ft/day

9,500-sq ft

12.35 lb/day

2.25 tons/yr
TOTAL (with 50% diversion) 1.125 tons/yr
*Estimated Solid Waste Generation Rates by CalRecycle,
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, accessed August 2023.

The Project receives electricity from Southern California Edison (SCE). SCE is one of the nation’s largest providers, servicing a 50,000- square mile of central, coastal, and southern California (including all the Coachella Valley) for a population of 15 million. The company generates electricity from natural gas, hydropower, nuclear, and solar . SCE also sources energy from third parties from cogeneration, biomass, small hydropower, wind, and geothermal.

The California Energy Commission (CEC) 2021 Total System Electric Generation reports California’s in-house energy generation came from natural gas (50.2%), nuclear power (8.5%), and large hydropower (6.2%).

The Project will receive utilities from the providers listed above. All have capacity to serve the Project, and less than significant impacts are expected.

E.

Environmental Justice
The CalEnvi roScreen 4.0 is a report analyzing data from California’s Census regarding environmental, public health, and socioeconomic conditions. The purpose of the report is to generate a regional landscape highlighting the cumulative population burden and vulnerability i n communities. The regional landscape conveys the disproportional burden placed onto low income and disadvantaged communities of color.

CalEnviroScreen scores an area in terms of pollution threat and population vulnerability. The pollution threat variable is the average of exposure and environmental effect. The population vulnerability variable is the average of sensitive population and socioeconomic factors. The two variables are calculated and scored on a scale of 100. A score of 75 or more is classified as a disadvantaged community with disproportional effects of pollution.

The Palm Springs region receives a score of 23, which is lower than the score of 75 identifying a disadvantaged community

12. The Project will not be impacting disadvantaged communities.

12 CalEnviroScreen 4.0, https://experience.arcgis.com/experience/ ( accessed December 2023) Item 1C - Page 88

32 3.7 Resource Use Pattern

A. Hunting, Fishing, Gathering
The Project’s site is vacant with sparse desert vegetation . The Project is in Palm Springs, a high- density urban city in which the site is centered amongst commercial and industrial buildings. At the site, there is no opportunity for hunting, fishing, or gathering. The Project does not disturb hunting, fishing, or gathering on-site or in surrounding areas.

B. Timber Harvesting
The Project’s site does not have any timber resources on or in its vicinity. Timber will not be removed from the site. The Project does not pose an impact to timber harvesting.

C. Agriculture
The Coachella Valley has been noted as an agricultural valley in the past. Now however, the Valley has diversified its land-use to include development, agriculture, and conservation areas. The agricultural production is concentrated in the south eastern region of the Valley, encompassing cities like Indio and Coachella, whose proximity to the Salton Sea , low elevation, and fine soil content, makes the area ideal for agriculture.

The Project site is in the western region of the Coachella Valley, where commercial, industrial, and residential development is dominant. The Project site is vacant with minimal desert vegetation.

The site’s soil (Myoma fine sand) has a low water holding capacity, making it incompatible with domestic agricultural production. The Project does not impact potential or existing agricultural lands.

D. Minerals
The San Jacinto Mountains and Santa Rosa Mountains, bordering the Coachella Valley to the west, have been mined and produced asbestos, beryllium, gold, limestone, tungsten, copper, garnet, and tourmaline.13

The Palm Springs Production-Consumption (P-C) Region is a 631-square mile area that encompasses land east of Cabazon, south of Morongo Valley and Joshua Tree National Park, west of Mecca Hills, and north of the community of Mecca. The P-C Region includes 30,071-acres that is considered to have significant mineral deposits .
14 The P-C focuses on mining aggregate
(collective term for large amounts of sand and gravel). Aggregate is a key component in asphalt, concrete, road base, stucco, plaster, and other similar construction materials.

The CGS, in accordance with the California Surface Mining and Reclamation Act (SMARA) , classifies regional significance of mineral resources. Mineral Resource Zones (MRZs) designated by CGS are determined based on the presence and significance of mineral deposits within an area.

The MRZs designations are:

13 City of Palm Springs General Plan (accessed December 2023) 14 California Geological Survey, Department of Conservation (accessed December 2023) Item 1C - Page 89

33 • MRZ-1: Area has a low presence of significance mineral resources. • MRZ-2: Area definitively has or there is a high likelihood of significance mineral resources, based on geologic information and data.
• MRZ-3: Area has the presence of mineral resource with undetermined significance.

Additional information is unlikely to shift the categorization to a MRZ-1 or MRZ-2.

The Project’s site is designated as MRZ-3. The city of Palm Springs does not designate the site’s location as a significant mineral resource area. The Project will not impact mineral resources.

E. Recreation
The City of Palm Springs owns and manages 156-acres of developed parkland, 160-acres of city owned golf course, and miles of greenbelt and hiking trails in major mountain and hill regions.

The parks and recreational amenities are open and available to the public. The Indian Canyons Golf Resort, owned by the Tribe, is a recreational space located three miles southwest of the Project site.

The Project proposes the development of a convenience store and fuel stations on approximately

3.6 acres. The convenience store will account for 9,500 sf in which a food service/commercial shop and a Class II gaming area with slot machines will operate. No adverse impacts to the Palm Spring’s recreational space will be caused by the Project.

F. Transportation
The Project is located at the northwestern corner of Lawrence Crossley Road and Dinah Shore Drive. The site is surrounded by existing paved roads on three sides: Indian Springs Road to the north, Crossley Road to the east, and Dinah Shore Drive to the south. The lands adjacent to the subject site to the west are currently vacant.

According to the Palm Springs General Plan Circulation Element, Dinah Shore Drive is classified as a Secondary thoroughfare (4-lane divided) with a raised center median, and Lawrence Crossley Road is classified as a Secondary Thoroughfare, with one lane in each direction, a center striped median, and on-street bike lanes.

Other noteworthy roadways in the Project vicinity are Ramon Road and Sunny Dunes Road, both of which run parallel to Dinah Shore Drive and Indian Springs Road, north of the Project area.

According to the City’s Circulation Element, Ramon Road is classified as a Major Thoroughfare that can accommodate six lanes, and Sunny Dunes Road is classified as a Collector, typically with two lanes.

A Traffic Analysis report was prepared for the Project by Urban Crossroads (November 2023).

The study area analyzed in this report included nine intersections in the Project vicinity:

1. Lawrence Crossley Road / Dinah Shore Drive

2. San Luis Drive / Dinah Shore Drive

3. Gene Autry Trail (Highway 111) / Dinah Shore Drive

4. Lawrence Crossley Road / Indian Springs Road

5. Lawrence Crossley Road / Sunny Dunes Road
Item 1C - Page 90

34 6. Lawrence Crossley Road / Ramon Road

7. Lawrence Crossley Road / Driveway 1

8. Driveway 2 / Dinah Shore Drive

9. Driveway 3 / Indian Springs Road

Alternative Transportation
SunLine Transit Agency currently provides bus service to Palm Springs. The nearest route to the subject site is Route 2, which runs along Ramon Road approximately 2,120 feet north of the Project.

The Project site is lined by existing sidewalks along Indian Springs Road to the north, Lawrence Crossley Road to the east, and Dinah Shore Drive to the south. Existing on-street bike lanes occur on Crossley Road. According to the City’s Recreational Trails Map and Bikeways Map, as provided in the Circulation Element, a bike path is also proposed for Dinah Shore Drive.

Existing Daily Level of Service (LOS)

Level of service (LOS) describes traffic flow based on factors including speed, travel time, delay, and freedom to maneuver. LOS ranges from LOS A, which represents free -flow conditions, to LOS F, which represents stop-and-go conditions. The City’s General Plan recommends a minimum LOS of LOS D or better. The City of Palm Springs Traffic Impact Analysis Guidelines (July 2020) provide additional criteria to determine whether project -related traffic at a study intersection would result in a LOS deficiency:

• For signalized intersections:
o Intersection operating at an acceptable LOS D or better without project traffic in which the addition of project traffic causes the intersection to degrade to a LOS E or F shall identify improvements to improve operations to LOS D or better. o Intersection that is operating at LOS E or F without project traffic where the project increases delay by 5.0 or more seconds shall identify improvements to offset the increase in delay.
• For unsignalized intersections:
o Addition of project related traffic causes the intersection to degrade from an acceptable LOS D or better to LOS E or F. (case a)
o The project adds 5.0 seconds or more of delay to an intersection that is already projected to operate without project traffic at a LOS E or F. (case b) o The intersection meets the peak hour traffic signal warrant after the addition of project traffic. (case c)
o If the conditions above are satisfied, improvements should be identified that achieve LOS D or better for case a) above or to pre-project LOS and delay for case b) above.

Item 1C - Page 91

35 Table 6
Intersection Analysis for Existing (2023) Conditions
Intersection Traffic
Control
Delay Level of
Service

AM PM AM PM
Lawrence Crossley Rd. / Dinah Shore Dr. TS 58.7 58.2 E E San Luis Dr. / Dinah Shore Dr. TS 19.3 17.1 B B
Gene Autry Tr. (Hwy. 111) / Dinah Shore Dr. TS 37.1 37.6 D D Lawrence Crossle Rd. / Indian Springs Rd. CSS 13.2 13.5 B B Lawrence Crossley Rd. / Sunny Dunes Rd. CSS 13.9 13.1 B B Lawrence Crossley Rd. / Ramon Rd. TS 18.8 34.8 B C
Lawrence Crossley Rd. / Dwy. 1 Future Intersection
Dwy. 2 / Dinah Shore Dr. Future Intersection
Dwy. 3 / Indian Springs Rd. Future Intersection
TS = Traffic Signal; CSS = Cross-Street Stop
BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).

As shown in the above table, the study intersection of Lawrence Crossley Road/Dinah Shore Drive is currently operating at an unacceptable LOS during AM and PM peak hours. According to the Traffic Analysis report prepared for the Project, a separate westbound right turn lane at this intersection would provide acceptable LOS.

Project and Cumulative Impacts to LOS

The Traffic Analysis calculated future traffic on the study area intersections based on the proposed full buildout of a 9,500 square foot convenience store that will include up to 4,000 square feet of Class II gaming space and 24 gasoline/diesel fuel dispensers. These conditions assume buildout of the initial 24 gasoline/diesel fuel dispensers and 8,600 square feet that would house the convenience store and gaming space, as well as future buildout of up to 900 additional square feet of convenience store/gaming space. Based on trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11 th Edition), the Project is projected to
generate 5,011 net daily trips with 263 AM peak hour vehicle trips and 271 PM peak hour vehicle trips.

The Project’s potential impacts to the nine study area intersections were analyzed for Existing plus Project conditions (E+P), and Existing plus Ambient plus Project plus Cumulative (EAPC) (2025) conditions.

As summarized in Table 7, under Existing plus Project (E+P) conditions, the Lawrence Crossley Road/Dinah Shore Drive intersection would continue to operate at an unacceptable LOS without provision of the westbound right turn lane.

Item 1C - Page 92

36 Table 7
Intersection Analysis for Existing plus Project (2023) Conditions Intersection Traffic
Control
Delay Level of
Service

AM PM AM PM
Lawrence Crossley Rd. / Dinah Shore Dr. TS 58.7 60.1 E E • With improvements TS 33.8 34.0 C C
San Luis Dr. / Dinah Shore Dr. TS 20.8 17.5 C B
Gene Autry Tr. (Hwy. 111) / Dinah Shore Dr. TS 39.1 40.9 D D Lawrence Crossley Rd. / Indian Springs Rd. CSS 19.9 19.1 C C Lawrence Crossley Rd. / Sunny Dunes Rd. CSS 14.8 13.7 B B Lawrence Crossley Rd. / Ramon Rd. TS 20.5 37.9 C D
Lawrence Crossley Rd. / Dwy. 1 CSS 14.3 12.5 B B
Dwy. 2 / Dinah Shore Dr. CSS 14.6 12.7 B B
Dwy. 3 / Indian Springs Rd. CSS 9.5 9.5 A A
TS = Traffic Signal; CSS = Cross-Street Stop
BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).

As summarized in Table 8 and Table 9 below, the Lawrence Crossley Road/Dinah Shore Drive and Lawrence Crossley Road/Ramon Road intersections would operate at an unacceptable LOS during peak hours under EAC (2025) and EAPC (2025) conditions, with or without Project traffic.

Table 8
Intersection Analysis for Existing plus Ambient plus Cumulative (2025) Conditions Intersection Traffic
Control
Delay Level of
Service

AM PM AM PM
Lawrence Crossley Rd. / Dinah Shore Dr. TS 59.6 61.9 E E • With improvements TS 36.6 40.9 D D
San Luis Dr. / Dinah Shore Dr. TS 21.9 19.3 C B
Gene Autry Tr. (Hwy. 111) / Dinah Shore Dr. TS 39.2 41.1 D D Lawrence Crossley Rd. / Indian Springs Rd. CSS 13.9 14.4 B B Lawrence Crossley Rd. / Sunny Dunes Rd. CSS 14.8 13.9 B B Lawrence Crossley Rd. / Ramon Rd. TS 27.7 57.5 C E
• With improvements TS 23.4 34.8 C C
Lawrence Crossley Rd. / Dwy. 1 Future Intersection
Dwy. 2 / Dinah Shore Dr. Future Intersection
Dwy. 3 / Indian Springs Rd. Future Intersection
TS = Traffic Signal; CSS = Cross-Street Stop
BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).

Item 1C - Page 93

37 Table 9
Intersection Analysis for Existing plus Ambient plus Project plus Cumulative (2025) Conditions Intersection Traffic
Control
Delay Level of
Service

AM PM AM PM
Lawrence Crossley Rd. / Dinah Shore Dr. TS 60.8 62.3 E E • With improvements TS 40.0 41.6 D D
San Luis Dr. / Dinah Shore Dr. TS 24.4 19.8 C B
Gene Autry Tr. (Hwy. 111) / Dinah Shore Dr. TS 39.8 41.6 D D Lawrence Crossley Rd. / Indian Springs Rd. CSS 21.8 21.0 C C Lawrence Crossley Rd. / Sunny Dunes Rd. CSS 15.8 14.6 C B Lawrence Crossley Rd. / Ramon Rd. TS 30.0 61.3 C E
• With improvements TS 25.9 36.1 C D
Lawrence Crossley Rd. / Dwy. 1 CSS 15.3 13.2 C B
Dwy. 2 / Dinah Shore Dr. CSS 15.1 13.0 C B
Dwy. 3 / Indian Springs Rd. CSS 9.5 9.5 A A
TS = Traffic Signal; CSS = Cross-Street Stop
BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).

As detailed in Section 4 of this document, the Project will be required to provide improvements to address traffic impacts under the existing (E+P 2023) and cumulative (EAPC 2025) conditions, as described below.

The following improvements, and the Project’s share of these improvements, will be required for the off-site intersections of Lawrence Crossley Road/Dinah Shore Drive and Lawrence Crossley Road/Ramon Road in order to address intersection operation deficiencies for opening year (2025) conditions, which will be needed with or without the Project.

Lawrence Crossley Road/Dinah Shore Drive
• Provide separate westbound right turn lane (minimum of 150-foot turn pocket length). • Project Fair Share: 55.8%

Lawrence Crossley Road/Ramon Road
• Provide separate northbound left turn lane (minimum of 150-foot turn pocket length). • Provide overlap phase for existing northbound right turn lane. • Project Fair Share: 14.8%

Implementation of the above improvements will ensure that the proposed Project has less than significant impacts on the LOS at intersections in the study area.

Project Access
Access to the Project would be provided from Lawrence Crossley Road (right-in/right-out access), Dinah Shore Drive (right-in/right-out access) and Indian Springs Road (full access). Roadway improvements will also be necessary to provide access to the subject site and on -site circulation.

The Traffic Analysis recommends the following access intersection traffic controls:

Item 1C - Page 94

38 Lawrence Crossley Road/Driveway 1
• Restrict left turn movements to/from Lawrence Crossley Road by providing raised median from Indian Springs Road to Dinah Shore Drive.
• Provide single eastbound right turn lane within driveway with cross-street stop control.

Driveway 2/Dinah Shore Drive
• Provide single southbound right turn lane within driveway with cross-street stop control. • Provide a separate westbound right turn lane (150-foot turn pocket length).

Driveway 3/Indian Springs Road
• Provide single northbound shared left-right lane within driveway with cross -street stop control.

The Traffic Analysis report also recommends that the raised median to be constructed along Lawrence Crossley Road between Indian Springs and Dinah Shore Drive include a 150 foot southbound left turn pocket onto Dinah Shore Drive and 100 foot northbound left turn pocket onto Indian Springs Road.

Vehicle Miles Traveled
The City of Palm Spring’s analytical procedures, screening tools, and impact thresholds for vehicle miles traveled (VMT) are documented in the City’s Traffic Impact Analysis Guidelines (July 2020). According to the screening tools provided in the City’s Guidelines, local serving retail uses of less than 50,000 square feet, including gas stations and shopping centers, are presumed to have less than significant impacts related to VMT absent substantial evidence to the contrary. The proposed fuel station and 9,500 square foot convenience store and Class II gaming space therefore meets the criteria for local serving retail. The Project provides a service to existing travelers on Dinah Shore Drive and Lawrence Crossley Road, and therefore would shorten trips that will occur.

The Project-type screening criteria is therefore met, and the proposed development would have less than significant impacts related to VMT.

G. Land Use Plan
The Project proposes the development of a 9,500 square foot convenience store and Class II Gaming space with 24 gasoline/diesel fuel dispensers. The Project is located on Tribal land and is subject to the Tribal Land Use Ordinance. According to this ordinance, the Project site is zoned Tribal Enterprise, where allowable uses are subject to Tribal Council Determination. The rest of Section 20, in which the Project site is located, is subject to city land use control per the Tribe’s Land Use Contract with Palm Springs.

According to the Palm Springs Zoning Code, the subject site is situated in the service/manufacturing zone (M -1). This zone is intended for commercial and industrial uses, as well as industrial fabrication, manufacturing, and processing uses. All uses in the retail business zone (C-1) are also allowed in the M-1 Zone, and convenience store and gas station uses are permitted subject to the approval of a conditional use permit in the C -1 Zone. The M-1 zone also permits a variety of industrial uses that could have more intense environmental impacts than a gas station and convivence store. The proposed development is therefore expected to be generally compatible with the intended use for the site.

Item 1C - Page 95

39 According to the Palm Springs Zoning Code, the Project site is in the N Overlay Zone for the Palm Springs International Airport. The N Noise Impact and Nonsuit Covenant Combining Zone applies to properties which may be affected by noise, vibration, odors, smoke, air quality changes, or other impacts associated with the airport. This zoning overlay requires additional soundproofing for residential uses, and prohibits the development of certain sensitive receptor land uses. Given that the Project does not propose any sensitive receptor land uses, it will not be impacted by this overlay.

According to the Airport Land Use Compatibility Plan (ALUCP) for the Palm Springs International Airport, the northwestern portion of the site is in Airport Land Use Compatibility Zone B1, and the southeastern portion of the site is in Zone C. Table 9 shows the requirements for Zone B1 and C.

Table 10
Riverside County Airport Land Use Compatibility Plan
Basic Compatibility Criteria
Zone /
Location
Maximum Intensities
(people/acre) Required
Open
Land
Additional Criteria
Average Single
Acre
with
Bonus Prohibited Uses Other Development
Conditions
B1 (Inner
Approach
/
Departure
Zone)
25 50 65 30%
- Children’s schools, day
care centers, libraries
- Hospitals, nursing homes
Places of worship
- Buildings with > 2
aboveground habitable
floors
- Highly noise-sensitive
outdoor nonresidential uses
- Aboveground bulk
storage or hazardous
materials
- Critical community
infrastructure facilities
- Hazards to flight
- Locate structures
maximum distance from
extended runway
centerline
- Minimum NLR of 25 dB
in residences (including
mobile homes) and office
buildings
- Airspace review
required for objects > 35
feet tall
- Avigation easement
dedication
C
(Extended
Approach
/
Departure
Zone)
75 150 195 20%
- Children’s schools, day
care centers, libraries
- Hospitals, nursing homes
- Buildings with >3
aboveground habitable
floors
- Highly noise-sensitive
outdoor nonresidential uses
- Hazards to flight
- Minimum NLR of 20 dB
in residences and office
buildings
- Airspace review
required for objects > 70
feet tall
- Deed notice required
Source: Riverside County Airport Land Use Compatibility Plan Policy document (October 2004), Table 2A.

The Project proposes the development of up 9,500 square feet of commercial/Class II Gaming space and a 24-pump fuel station on the 3.6-acre site. Assuming, for analysis purposes, that the fuel canopy would occupy 9,500 square feet, then the combined built area would leave approximate 88% of the site as open land. The proposed land uses are not noise -sensitive, and Item 1C - Page 96

40 would not generate a hazard to flight. Fuels stored on -site will be in underground storage tanks (USTs). Given the commercial nature of the site, it is expected that most customers will be on the property temporarily, and intensity of the development is no t expected to exceed the maximum people per acre for the permitted zones.

The development standards for the M-1 zone, according to the Palm Springs Zoning Code, permit building heights of up to 40 feet, provided that any portion of the building exceeding 30 feet is set back one foot from the property line for every one foot of vertical rise. Provided the proposed convenience store is constructed in the Zone C portion of the property, this maximum building height will comply with the ALUC requirements.

Overall, the Project will comply with the Tribe’s land use requirements and the Palm Springs Zoning Code. The proposed development is also expected to generally be consistent with the compatibility criteria for the ALUCP. Impacts would be less than significant.

3.8 Other Values

A. Wilderness
The Project site is located of lands that are under the jurisdiction of the Agua Caliente Band of Cahuilla Indians, within the city of Palm Springs. The subject site is within the planning area for the Agua Caliente Tribal Habitat Conservation Plan (THCP) but is not within a THCP-designated conservation area or target acquisition area.

The approximately 3.6 acre subject site is surrounded on three sides by existing public roadways:

Indian Springs Road to the north, Lawrence Crossley Road to the east, and Dinah Shore Drive to the south. Lands immediately adjacent to the west of the subject site are occupied by similarly undeveloped, natural open space as the Project site. Additional undeveloped open space occurs south and east of the Project site, across Dinah Shore Drive and Lawrence Crossley Road.

The nearest federally-recognized wildernesses near the Project site are the Coachella Valley National Wildlife Refuge, located approximately 7.3 miles east of the subject site, and the Santa Rosa and San Jacinto Mountains National Monument, located approximately 8 miles west of the subject site. These wilderness areas are managed by the U.S Fish and Wildlife Service and the U.S. Forest Service (with the Bureau of Land Management), respectively.

The Project site is also approximately six miles northeast of the Tribe’s Indian Canyons. These lands hold biological, cultural, and ethnographic resources of significance to the Tribe.

As previously stated, the Project site is not within a THCP-designated conservation area or target acquisition area. Development of the proposed Project would therefore not impact the implementation of the THCP. As described in the Living Resources section of this document, the proposed development is not expected to impact any special status plants or animals , with the implementation of the mitigation measures contained in Section 4.

The THCP divides the Agua Caliente Indian Reservation into the Mountains and Canyons Conservation Area and the Valley Floor Planning Area (VFPA). The VFPA includes most of the Item 1C - Page 97

41 Reservation that is below 800 feet above mean sea level, including the Project site. Covered Projects in the VFPA are subject to a $2,371 per acre development mitigation fee. Funds collected from this fee support Tribal acquisition and management of replacement habitat . Payment of the THCP mitigation fee and implementation of mitigation measures will ensure that impacts to wilderness are less than significant.

B. Noise

Noise is defined as unwanted or disturbing sound. According to the EPA, excessive noise levels can have health effects, such as stress related illnesses, high blood pressure, speech interference, hearing loss, and sleep disruption. 15 The U.S. Department of Housing and Urban Development (HUD) considers 65 dBA L dn to be a normally acceptable noise level for HUD -supported or assisted housing projects. Likewise, the State of California uses 65 dBA CNEL as the exterior noise standard for residential properties.

Noise levels from a particular source generally decline as distance to the receptor increases. For traffic noise, the noise level is generally reduced by 3 dBA with every doubling of distance from the source. Noise from stationary or point sources is generally reduced by 6 dBA for every doubling of distance.

According to the EIR for the City of Palm Springs General Plan Update (2007), the existing noise level at Lawrence Crossley Road north of Dinah Shore Drive is 69.9 dBA CNEL at 50 feet from the centerline.
16 Airport Noise
According to the Palm Springs Zoning Code, the Project site is in the N Overlay Zone for the Palm Springs International Airport. The N Noise Impact and Nonsuit Covenant Combining Zone applies to properties which may be affected by noise, vibration, odors, smoke, air quality changes, or other impacts associated with the airport. The Project does not propose any sensitive receptor land uses that would be subject to the limitations of the N Overlay Zone.

According to the Airport Land Use Compatibility Plan for the Palm Springs International Airport, the Project site is outside of the 60 CNEL noise contour for the airport’s actual and projected operations. The northwestern portion of the site is in Airport Land Use Compatibility Zone B1, and the southeastern portion of the site is in Zone C. Given that the Project does not propose any residential or other noise sensitive uses, and that the site is outside of the 60 dBA CNEL noise contour, it is not expected to be subject to significant noise impacts from the airport.

Construction Noise
Construction of the proposed Project will generate noise on a temporary and intermittent basis.

The level of construction noise will vary depending on the construction phase and equipment being used. Noise would be generated by heavy equipment, such as graders, bulldozers, and heavy-duty trucks, as well as by lighter equipment such as generators, tools, and painting equipment. The nearest sensitive receptor land use are the residences approximately 1,400 feet south of the Project site. This intervening distance would reduce the level of construction noise from the Project experienced at the existing sensitive receptors.

15 U.S. Environmental Protection Agency, Clean Air Act Title IV – Noise Pollution https://www.epa.gov/clean-air- act-overview/clean-air-act-title-iv-noise-pollution (accessed December 2023). 16 City of Palm Springs General Plan Update EIR (March 2007), Table 5.11-9.

Item 1C - Page 98

42 The City provides exemption for construction noise in recognition that control of construction noise can be difficult. Section 8.04.220 of the City of Palm Springs Municipal Code permits construction activities on weekdays from 7 a.m. to 7 p.m., and Saturdays from 8 a.m. to 5 p.m.

Construction is not permitted on Sundays or on federal holidays. Compliance with the permitted construction hours will ensure that noise impacts related to Project construction would be less than significant.

Operational Noise
The primary on-site noise sources during Project operations would be vehicular movements in the Project site and the use of landscaping equipment. The lands surrounding the Project site are either vacant, or occupied by commercial uses. None of the land uses surrounding the Project site are sensitive receptors, and the nearest sensitive receptor is the residential development approximately 1,400 feet south of the subject site. Therefore, the stationary sources of noise generated on the subject site would not be expected to have any impacts resulting from increases in ambient noise levels on these properties.

Dinah Shore Drive and Lawrence Crossley Road are both designated as Secondary Thoroughfares in the City’s Circulation Element. These roadways would be expected to be subject to a moderate level of traffic noise. Given that the proposed Project is generally consistent with the neighborhood/community commercial land use designation, traffic impacts resulting from the proposed development would be expected to be comparable to those studied in the Palm Springs General Plan EIR. According to the Traffic Analysis prepared for the Project, a significant portion of the trips associated with the proposed development would be existing pass-by traffic, as opposed to the Project being the primary destination. This would reduce the number of trips generated by the Project, thereby reducing associated noise impacts. Furthermore, as shown in Exhibit 4 -1 and 4-2 in the Traffic Analysis, most trips to and from the Project site would use Lawrence Crossley Road north of Dinah Shore Drive and Dinah Shore Drive west of Crossley R oad. Therefore, the roadway segments subject to the biggest traffic, and therefore traffic noise, increase from the Project would not be in proximity to the nearest sensitive receptor site, the residential development off Lawrence Crossley Road approximately 1,400 feet south of the Project. Traffic noise generated by the Project would therefore be expected to have less than significant impacts.

C. Visual and Light
The Project is located in the eastern portion of the City’s core. Other than existing public roadways, the Project site is surrounded by undeveloped lands on three sides. From the subject property, the San Jacinto Mountains are prominently visible to the west, the Santa Rosa Mountains are visible to the south, the Little San Bernardino Mountains are visible to the north, and Mount San Gorgonio is visible to the northwest. Development of the proposed convenience store and gas station will partially obstruct these views from certain positions on surrounding roadways. Views of the San Jacinto Mountains may be partially obstructed from Lawrence Crossley Road, and views of the Little San Bernardino Mountains may be partially obstructed from Dinah Shore Drive. However, the proposed development will result in a significantly lower site coverage than the maximum of 60% permitted in the M-1 zone. The site plan also proposes building setbacks of more than 70 feet, which are significantly larger than the required 25 foo t front yard setbacks required by the City’s Zoning Code. As a result of this low site coverage and ample setbacks, the Project will provide a significant amount of on-site space for view corridors. Impacts to surrounding scenic resources are therefore expected to be less than significant.

Item 1C - Page 99

43 Although the Tribe has land use jurisdiction, it is anticipated that the proposed convenience store and gas station will be in general conformance with the City’s development standards. Given that the subject site is zoned for service and manufacturing uses (M -1), the proposed development would not be expected to have significant impacts on the aesthetic character of the area.

The Project site is currently vacant. Development of the proposed convenience store and gas station will generate new sources of light and glare. Additional light sources will include landscape and parking lot lighting as well as headlights from vehicles accessing the site. All outdoor lighting will be subject to outdoor lighting standards provided in §93.21.00 of the Palm Springs Zoning Code, including shielding requirements to prevent light pollution.

The use of glass and other potentially reflective materials may result in glare on the subject site.

However, it is anticipated that the proposed development will be in general conformance with the City’s development standards, ensuring that any glare generated on the site will not be excessive, and that impacts will be less than significant.

D. Public Health and Safety
The Palm Springs Fire Department serves the City, including Reservation lands. The Fire Department provides fire and rescue operations, paramedic emergency medical service, and educational services. The Fire Department operates five stations. The Project site is in the primary response area for Station 5, which is defined by the City limits to the east and south, Ramon Road to the north, and Gene Autry Trail to the west. Station 5 is located at 5800 Bolero Road, approximately one mile south of the subject site. The Project will be reviewed by the Fire Department for compliance with safety their regulations, which are consistent with Tribal Building and Safety Code requirements.

The Project site will also be served by the Palm Springs Police Department. The Police Department is currently staffed with 93 sworn officers, including the Chief, two captains, four lieutenants, and 14 sergeants.

Emergency access to the site will be provided along Crossley Road, Dinah Shore Drive, and Indian Springs Road. The proposed development of a convenience store with Class II Gaming and 24 fuel pumping stations is not expected to significantly increase deman d for fire or police service. The Project would not introduce any permanent population onto the site, and would result in a limited number of employees. Compliance with applicable building and fire codes will ensure that impacts to public health and safety would be less than significant.

E. Climate Change (Greenhouse Gasses)
Greenhouse gas is a broad term referring to chemicals and substances found to cause changes in the atmosphere and the changing of the earth’s climate. While these are not the only greenhouse gases, the California Air Resources Board is required to monitor and regulate seven GHGs: carbon dioxide (CO
2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), perfluorocarbons (PFCs), and hydrofluorocarbons (HFCs). 17 The latter four gases, all of which contain fluorine, are sometimes collectively referred to as high global warming potential greenhouse gases (high-GWP gases).

17 California Health and Safety Code § 38505 (g).

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44 State laws such as Assembly Bill 32 (AB 32) and Senate Bill 32 (SB 32) require all cities to reduce greenhouse gas emissions to 1990 levels by the year 2020. SB 32 is the extension of AB 32 which requires the state to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030.

GHG Thresholds
On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that only applies to industrial uses’ stationary sources where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project’s greenhouse gas emissions would be considered significant if it could not comply with at least one of the following “tiered” tests:

• Tier 1: Is there an applicable exemption?
• Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32?
• Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation?

Impact Significance Considerations

As described in the Air Quality section above, the California Emissions Estimator Model (CalEEMod) Version 2022.1.1.20 was used to quantify the Project’s air quality emissions, including greenhouse gas emissions (Appendix A). The proposed development will generate GHG emissions during both construction and operations.

Construction of the Project will result in short term GHG emissions associated with the operation of construction equipment, construction employee commutes, material hauling, and other ground disturbing activities. As shown in Table 10, the Project is projected to generate 498 metric tons of CO2e over the 1.5-year construction period. There are currently no GHG thresholds for construction projects of this nature. To determine if the Project’s construction emissions would result in a cumulatively considerable impact, construction GHG emissions were amortized over a 30-year period and added to annual operational emissions to be compared to applicable GHG thresholds (see Table 10, below).

During operations, five emissions source categories contribute to the Project’s ongoing operational GHG emissions. These source categories are: mobile emissions (vehicle emissions), area emissions (pavement and architectural coating off-gassing), energy/electricity usage, water usage, solid waste disposal, and refrigerants. As shown in Table 12, below, the Project is projected to generate 2,961.2 metric tons of CO
2e per year during operations, including amortized construction emissions.

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45 Table 11
Projected GHG Emissions Summary (Metric Tons)
Phase CO2e (MT/YR)
Construction
2024 190
2025 308
Construction Total 498
Operation
Mobile 2,522
Area 0.14
Energy 86.3
Water 2.33
Water 8.91
Refrigerants 326
Construction (30-year amortized)1 16.6
Total: 2,961.6
SCAQMD threshold 3,000
Exceeds? No
1 Buildout construction GHG emissions were amortized over 30 years then added to buildout operational GHG emissions. 498/30 = 16.6

The proposed Project is comparable to the SCAQMD threshold of 3,000 MTCO 2e per year for residential and commercial projects. As summarized in the above table, the proposed development would result in a projected 2,961.6 metric tons of CO
2e from short-term construction and annual
operational activities. Emissions would not exceed the 3,000 MTCO2e threshold, and therefore the Project complies with the SCAQMD Tier 3 threshold. Impacts will be less than significant.

F. Indian Trust Assets

As a parcel of land with monetary value beneficially owned by the Tribe, the Project site is an Indian Trust Asset. Surrounding parcels are Allotted and Not Leased (parcels to the west) and Allotted and Leased (parcels to the north, east, and south).

The Tribe will operate the gas station and convenience store. The land will remain Tribal Trust land, and will generate income to the Tribe from the sale of fuel, as well as revenues from the convenience store and gaming area. Buildout of the proposed development will expand the Tribe’s portfolio of assets by adding recurring revenues. This Indian Trust Asset is therefore expected to positively impact the Tribe.

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46 G. Hazardous Materials

According to the GeoTracker database from the California State Water Resources Control Board, the Project site is not a hazardous waste or substance site, and no such sites occur within ¼ mile of the subject property. The nearest hazardous waste or substance sites are a LUST Cleanup Site (RB Case #: 7T2234033) at 67510 Ramon Road and a LUST Cleanup Site (RB Case #:
7T2262037) at 1200 South Gene Autry Trail, both of which are approximately 0.4 miles from the Project site. Both sites are designated as “Completed – Case Closed”. According to the California Department of Toxic Substances Control EnviroStor database, the Project site is not a hazardous waste site. The nearest hazardous waste or substance site listed in this database is the former Palm Springs Landfill (33490086) located at the intersection of Gene Autry Trail and Ramon Road, approximately 0.6 miles from the subject site. This site is under a voluntary cleanup agreement with the DTSC, and is subject to land use restrictions. It is not anticipated t o post a hazard to the Project site.

During construction of the Project, hazardous materials such as asphalt, paints, and solvents may be used and stored on the property. Likewise, small quantities of hazardous materials such as cleaning products, solvents, landscaping products, might be used and stored on-site. The use, storage, and disposal of these materials, during construction and operations, must be in accordance with the labels of the products, as well as all City, County, state, and federal standards applicable to hazardous materials.

The Project proposes the development of a convenience store with 24 gasoline/diesel fuel dispensers. The Project will involve storage of gasoline and diesel fuels on-site, which are expected to be stored in underground storage tanks (USTs). The construction and operation of USTs is overseen by the Riverside County Department of Health Hazardous Materials Management Branch (HMMB). In accordance with California Code of Regulations Title 23, Division 3, Chapter 16, California Health and Safety Code §25280 – 25299.8 and Riverside County Ordinance 617, a permit is required to operate a UST system. These regulations also require the testing and regular inspection of UST systems. Compliance with local, state, and federal regulations pertaining to hazardous materials and USTs will ensure that the proposed development has less than significant impacts related to hazardous materials.

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47 4.0 MITIGATION

As defined in CEQ Regulations (40 CFR 1508.20) mitigation can include:

1. Avoiding the impact altogether by not taking a certain action or parts of an action.

2. Minimizing impact by limiting the degree of magnitude of the action and its implementation.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

5. Compensating for the impact by replacing or providing substitute resources or environments.

Unless provided otherwise by Federal regulations (e.g. Clean Water Act , Clean Air Act, etc.) the enforceability of the following mitigation measures will be achieved through Project approval by the Agua Caliente Band of Cahuilla Indians. This section also includes standard conditions which the Tribe imposes on projects, and which it will impose on this Project.

4.1 Air Quality Mitigation
Pollutant emissions resulting from construction and operation of the Project are not projected to exceed the federal de minimis level. Mitigation will therefore not be required. The Project will be subject to standard requirements, including the preparatio n of a Fugitive Dust (PM10) Control Plan which must be reviewed and approved prior to the issuance of a grading permit. The Tribe will also obtain a Minor New Source Permit through the Environmental Protection Agency prior to the issuance of any grading permit.

4.2 Living Resources Mitigation
Standard Condition for Living Resources:

• Prior to issuance of any grading permit for the Project, the Project proponent shall pay the THCP VFPA fee that will be used to acquire and manage habitat preserve lands.

Mitigation for Living Resources:

• Prior to any ground or habitat disturbance on the Project site, a pre-disturbance survey will be conducted by a Qualified Biologist for the presence of burrowing owls consistent with the guidance provided in THCP:

1. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31 if possible. Relocation, if necessary, should, at a minimum, comply with the standards of the California Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation (March 7, 2012).
.

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48 4.3 Cultural Resources Mitigation
The site is categorized sensitive for buried prehistoric cultural resources. The Tribe implements the following standard conditions for all projects:

Standard Conditions for Cultural Resources:

• ACBCI THPO Monitor Required. Approved Agua Caliente Native American Cultural Resource Monitor(s) shall be present during all ground disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a qualified Archaeologist (secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the Agua Caliente Tribal Historic Preservation Office.

• ARPA Compliance. To the extent a portion of Project development is located on “public lands” or “Indian lands,” as those terms are defined in 16 U.S.C. § 470bb, Client shall not excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on said lands unless such activity is pursuant to a permit issued under 43 C.F.R. § 7.8 or exempted by 43 C.F.R. § 7.5(b). As used in this Section, the term “archaeological resource” has the meaning ascribed to it in 16 U.S.C. § 470bb.

• NAGPRA Compliance. To the extent a portion of Project development is located on “federal lands” or “tribal lands” as those terms are defined in 25 U.S.C. § 3001, Project contractor shall comply with the requirements of the Native American Graves Protection and Repatriation Act (25 U.S.C. §§ 3001 et seq.), as implemented by 43 C.F.R. §§ 10.4 to

10.6, which include, but are not limited to: (i) compliance with the requirements for the intentional removal from or excavation of Native American cultural items from federal or tribal lands for the purposes of discovery, study, or removal of such items; and, in the case of inadvertent discovery, (ii) notification in writing of the applicable Secretary of the federal department, or head of any other agency or instrum entality of the United States, having primary management authority with respect to federal lands and the appropriate Indian tribe with respect to tribal lands, if known or ascertainable, if the Project contractor knows or has reason to know that it has discovered Native American cultural items on federal or tribal lands; and (iii) cessation of activities in connection with the discovery in in the area of discovery. As used in this Section, the term “cultural items” has the meaning ascribed to it in 25 U.S.C. § 3001.

Although no known resources have been identified, excavation is likely to occur to a greater depth and area. Should human remains be discovered during construction of the proposed Project, the Project contractor would be subject to the Tribe’s “Treatment of Human Rights Policy” (ACBCI Tribal Historic Preservation Organization and Policies, 2004) which is consistent with NAGPRA regarding the discovery and disturbance of human remains. In that circumstance the Cultural Monitor has the authority to halt destructive activities in the immediate area and the THPO will work with Tribal Council on treatment and disposition of the remains.

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49 4.4 Resource Use Mitigation

Mitigation for Transportation:
• The following improvements, or the Project’s share of these improvements, will be required for the off-site intersections of Lawrence Crossley Road/Dinah Shore Drive and Lawrence Crossley Road/Ramon Road in order to address intersection operation deficiencies for opening year (2025) conditions, which w ould be needed with or without the Project:

Lawrence Crossley Road/Dinah Shore Drive
o Provide separate westbound right turn lane (minimum of 150 -foot turn pocket length).
o Project Fair Share: 55.8%

Lawrence Crossley Road/Ramon Road
o Provide separate northbound left turn lane (minimum of 150-foot turn pocket length).
o Provide overlap phase for existing northbound right turn lane. o Project Fair Share: 14.8%

• Consistent with the recommendations provided in the Traffic Study the following site access intersection traffic controls will be required:

Lawrence Crossley Road/Driveway 1
• Restrict left turn movements to/from Lawrence Crossley Road by providing raised median from Indian Springs Road to Dinah Shore Drive.
• Provide single right turn lane within driveway with cross-street stop control.

Driveway 2/Dinah Shore Drive
• Provide single southbound right turn lane within driveway with cross -street stop control.
• Provide a separate westbound right turn lane (150-foot turn pocket length).

Driveway 3/Indian Springs Road
• Provide single northbound shared left-right lane within driveway with cross-street stop control.

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50 5.0 LIST OF CONTRIBUTORS

Nicole Sauviat Criste
Dominique Camps
Nathaly Castillo Oroszco
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Ste 101
Palm Desert, CA 92211

6.0 CONSULTATION

The following resources were consulted with the preparation of this document:

Dan Malcolm, AICP
Director of Planning
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264

Lacy Padilla
THPO Director
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, CA 92264

7.0 BIBLIOGRAPHY

American Water Works Association Research Foundation, Commercial and Industrial End Uses of Water (2000).

California Environmental Protection Agency and California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective (April 2005).

City of Palm Springs, General Plan Update EIR (March 2007).

Riverside County, Airport Land Use Compatibility Plan Policy (October 2004).

South Coast Air Quality Management District, Air Quality Guidance Document (May, 2005).

U.S. Environmental Protection Agency, Clean Air Act Title IV – Noise Pollution https://www.epa.gov/clean-air-act-overview/clean-air-act-title-iv-noise-pollution (accessed December 2023).

U.S. Environmental Protection Agency, Nonattainment Areas for Criteria Pollutants (Green Book), https://www.epa.gov/green-book (accessed December 2023).

Item 1C - Page 107

A

Appendix A

Air Quality and Greenhouse Gas Emission Outputs

CalEEMod Version 2022.1.1.18

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ACBCI - V3 Detailed Report
Table of Contents

1. Basic Project Information

1.1. Basic Project Information

1.2. Land Use Types

1.3. User-Selected Emission Reduction Measures by Emissions Sector

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds

2.2. Construction Emissions by Y ear, Unmitigated

2.4. Operations Emissions Compared Against Thresholds

2.5. Operations Emissions by Sector, Unmitigated

3. Construction Emissions Details

3.1. Site Preparation (2024) - Unmitigated

3.3. Grading (2024) - Unmitigated

3.5. Building Construction (2024) - Unmitigated

3.7. Building Construction (2025) - Unmitigated
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3.9. Paving (2025) - Unmitigated

3.11. Architectural Coating (2025) - Unmitigated

4. Operations Emissions Details

4.1. Mobile Emissions by Land Use

4.1.1. Unmitigated

4.2. Energy

4.2.1. Electricity Emissions By Land Use - Unmitigated

4.2.3. Natural Gas Emissions By Land Use - Unmitigated

4.3. Area Emissions by Source

4.3.1. Unmitigated

4.4. Water Emissions by Land Use

4.4.1. Unmitigated

4.5. Waste Emissions by Land Use

4.5.1. Unmitigated

4.6. Refrigerant Emissions by Land Use

4.6.1. Unmitigated

4.7. Offroad Emissions By Equipment Type
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4.7.1. Unmitigated

4.8. Stationary Emissions By Equipment Type

4.8.1. Unmitigated

4.9. User Defined Emissions By Equipment Type

4.9.1. Unmitigated

4.10. Soil Carbon Accumulation By Vegetation Type

4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated

4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated

5. Activity Data

5.1. Construction Schedule

5.2. Off-Road Equipment

5.2.1. Unmitigated

5.3. Construction Vehicles

5.3.1. Unmitigated

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies
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5.5. Architectural Coatings

5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities

5.6.2. Construction Earthmoving Control Strategies

5.7. Construction Paving

5.8. Construction Electricity Consumption and Emissions Factors

5.9. Operational Mobile Sources

5.9.1. Unmitigated

5.10. Operational Area Sources

5.10.1. Hearths

5.10.1.1. Unmitigated

5.10.2. Architectural Coatings

5.10.3. Landscape Equipment

5.11. Operational Energy Consumption

5.11.1. Unmitigated

5.12. Operational Water and Wastewater Consumption

5.12.1. Unmitigated
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5.13. Operational Waste Generation

5.13.1. Unmitigated

5.14. Operational Refrigeration and Air Conditioning Equipment

5.14.1. Unmitigated

5.15. Operational Off-Road Equipment

5.15.1. Unmitigated

5.16. Stationary Sources

5.16.1. Emergency Generators and Fire Pumps

5.16.2. Process Boilers

5.17. User Defined

5.18. Vegetation

5.18.1. Land Use Change

5.18.1.1. Unmitigated

5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated

5.18.2. Sequestration

5.18.2.1. Unmitigated
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6. Climate Risk Detailed Report

6.1. Climate Risk Summary

6.2. Initial Climate Risk Scores

6.3. Adjusted Climate Risk Scores

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores

7.2. Healthy Places Index Scores

7.3. Overall Health & Equity Scores

7.4. Health & Equity Measures

7.5. Evaluation Scorecard

7.6. Health & Equity Custom Measures

8. User Changes to Default Data
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1. Basic Project Information

1.1. Basic Project Information
Data Field Value
Project Name ACBCI - V3
Construction Start Date 6/3/2024
Operational Y ear 2025
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 3.30
Precipitation (days) 10.0
Location 33.80934112395771, -116.484992856588
County Riverside-Salton Sea
City Palm Springs
Air District South Coast AQMD
Air Basin Salton Sea
TAZ 5672
EDFZ 11
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.21

1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq
ft)
Population Description
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Convenience Market
with Gas
Pumps

9.50 1000sqft 3.25 9,500 38,851 — — —
Parking Lot 48.0 Space 0.43 0.00 0.00 — — —

1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected

2. Emissions Summary

2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 4.44 3.74 36.1 34.7 0.05 1.60 19.9 21.5 1.47 10.2 11.6 — 5,561 5,561 0.23 0.05 1.32 5,583 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 2.46 3.64 18.0 24.3 0.04 0.75 0.32 1.07 0.69 0.08 0.76 — 4,230 4,230 0.17 0.05 0.03 4,249 Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 1.04 1.13 7.83 10.2 0.02 0.32 0.86 1.11 0.30 0.43 0.66 — 1,850 1,850 0.07 0.02 0.15 1,858 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 0.19 0.21 1.43 1.86 < 0.005 0.06 0.16 0.20 0.05 0.08 0.12 — 306 306 0.01 < 0.005 0.02 308

2.2. Construction Emissions by Y ear, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Item 1C - Page 116
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Y ear TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily -
Summer
(Max)
— — — — — — — — — — — — — — — — — —
2024 4.44 3.74 36.1 34.7 0.05 1.60 19.9 21.5 1.47 10.2 11.6 — 5,561 5,561 0.23 0.05 0.99 5,583 2025 2.33 1.99 17.1 24.1 0.04 0.72 0.31 1.03 0.66 0.07 0.74 — 4,140 4,140 0.17 0.05 1.32 4,160 Daily -
Winter
(Max)
— — — — — — — — — — — — — — — — — —
2024 1.45 1.22 11.3 13.3 0.02 0.50 0.05 0.55 0.46 0.01 0.47 — 2,487 2,487 0.10 0.03 0.01 2,498 2025 2.46 3.64 18.0 24.3 0.04 0.75 0.32 1.07 0.69 0.08 0.76 — 4,230 4,230 0.17 0.05 0.03 4,249 Average
Daily
— — — — — — — — — — — — — — — — — —
2024 0.72 0.61 5.65 6.38 0.01 0.25 0.86 1.11 0.23 0.43 0.66 — 1,144 1,144 0.05 0.01 0.07 1,149 2025 1.04 1.13 7.83 10.2 0.02 0.32 0.07 0.40 0.30 0.02 0.31 — 1,850 1,850 0.07 0.02 0.15 1,858 Annual — — — — — — — — — — — — — — — — — —
2024 0.13 0.11 1.03 1.17 < 0.005 0.05 0.16 0.20 0.04 0.08 0.12 — 189 189 0.01 < 0.005 0.01 190 2025 0.19 0.21 1.43 1.86 < 0.005 0.06 0.01 0.07 0.05 < 0.005 0.06 — 306 306 0.01 < 0.005 0.02 308

2.4. Operations Emissions Compared Against Thresholds
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 21.3 20.1 16.6 160 0.35 0.25 27.7 27.9 0.24 7.02 7.26 16.7 35,976 35,993 3.18 1.67 2,087 38,658 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 17.0 15.8 17.9 112 0.31 0.25 27.7 27.9 0.24 7.02 7.26 16.7 32,043 32,060 3.28 1.72 1,973 34,627 Item 1C - Page 117
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Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 16.1 15.6 10.4 72.6 0.15 0.12 11.9 12.0 0.12 3.01 3.13 16.7 15,431 15,448 2.77 0.95 1,992 17,790 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 2.95 2.84 1.90 13.3 0.03 0.02 2.17 2.19 0.02 0.55 0.57 2.77 2,555 2,558 0.46 0.16 330 2,945

2.5. Operations Emissions by Sector, Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Sector TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 21.2 19.8 16.5 160 0.35 0.25 27.7 27.9 0.24 7.02 7.25 — 35,447 35,447 1.47 1.67 118 36,098 Area 0.07 0.30 < 0.005 0.41 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.70 1.70 < 0.005 < 0.005 — 1.71 Energy < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 519 519 0.03 < 0.005 — 521 Water — — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Waste — — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8 Refrig. — — — — — — — — — — — — — — — — 1,970 1,970
Total 21.3 20.1 16.6 160 0.35 0.25 27.7 27.9 0.24 7.02 7.26 16.7 35,976 35,993 3.18 1.67 2,087 38,658 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Mobile 17.0 15.6 17.9 112 0.31 0.25 27.7 27.9 0.24 7.02 7.25 — 31,515 31,515 1.57 1.71 3.06 32,068 Area — 0.23 — — — — — — — — — — — — — — — —
Energy < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 519 519 0.03 < 0.005 — 521 Water — — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Waste — — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8 Refrig. — — — — — — — — — — — — — — — — 1,970 1,970
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Total 17.0 15.8 17.9 112 0.31 0.25 27.7 27.9 0.24 7.02 7.26 16.7 32,043 32,060 3.28 1.72 1,973 34,627 Average
Daily
— — — — — — — — — — — — — — — — — —
Mobile 16.1 15.3 10.4 72.4 0.15 0.12 11.9 12.0 0.11 3.01 3.13 — 14,903 14,903 1.06 0.94 22.0 15,231 Area 0.04 0.26 < 0.005 0.20 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.84 0.84 < 0.005 < 0.005 — 0.84 Energy < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 519 519 0.03 < 0.005 — 521 Water — — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Waste — — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8 Refrig. — — — — — — — — — — — — — — — — 1,970 1,970
Total 16.1 15.6 10.4 72.6 0.15 0.12 11.9 12.0 0.12 3.01 3.13 16.7 15,431 15,448 2.77 0.95 1,992 17,790 Annual — — — — — — — — — — — — — — — — — —
Mobile 2.94 2.79 1.89 13.2 0.03 0.02 2.17 2.19 0.02 0.55 0.57 — 2,467 2,467 0.18 0.16 3.64 2,522 Area 0.01 0.05 < 0.005 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.14 0.14 < 0.005 < 0.005 — 0.14 Energy < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 86.0 86.0 0.01 < 0.005 — 86.3 Water — — — — — — — — — — — 0.22 1.37 1.59 0.02 < 0.005 — 2.33 Waste — — — — — — — — — — — 2.55 0.00 2.55 0.25 0.00 — 8.91 Refrig. — — — — — — — — — — — — — — — — 326 326
Total 2.95 2.84 1.90 13.3 0.03 0.02 2.17 2.19 0.02 0.55 0.57 2.77 2,555 2,558 0.46 0.16 330 2,945

3. Construction Emissions Details

3.1. Site Preparation (2024) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
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Off-Road
Equipment

4.34 3.65 36.0 32.9 0.05 1.60 — 1.60 1.47 — 1.47 — 5,296 5,296 0.21 0.04 — 5,314 Dust
From
Mater
ial
Movement
— — — — — — 19.7 19.7 — 10.1 10.1 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.12 0.10 0.99 0.90 < 0.005 0.04 — 0.04 0.04 — 0.04 — 145 145 0.01 < 0.005 — 146 Dust
From
Mater
ial
Movement
— — — — — — 0.54 0.54 — 0.28 0.28 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.02 0.02 0.18 0.16 < 0.005 0.01 — 0.01 0.01 — 0.01 — 24.0 24.0 < 0.005 < 0.005 — 24.1 Dust
From
Mater
ial
Movement
— — — — — — 0.10 0.10 — 0.05 0.05 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.11 0.10 0.10 1.81 0.00 0.00 0.23 0.23 0.00 0.05 0.05 — 266 266 0.01 0.01 0.99 269 Item 1C - Page 120
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Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.62 6.62 < 0.005 < 0.005 0.01 6.71 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.10 1.10 < 0.005 < 0.005 < 0.005 1.11 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.3. Grading (2024) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

2.26 1.90 18.2 18.8 0.03 0.84 — 0.84 0.77 — 0.77 — 2,958 2,958 0.12 0.02 — 2,969 Dust
From
Mater
ial
Movement
— — — — — — 7.08 7.08 — 3.42 3.42 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Item 1C - Page 121
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——————————————————Daily,
Winter
(Max)
Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.09 0.08 0.75 0.77 < 0.005 0.03 — 0.03 0.03 — 0.03 — 122 122 < 0.005 < 0.005 — 122 Dust
From
Mater
ial
Movement
— — — — — — 0.29 0.29 — 0.14 0.14 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.02 0.01 0.14 0.14 < 0.005 0.01 — 0.01 0.01 — 0.01 — 20.1 20.1 < 0.005 < 0.005 — 20.2 Dust
From
Mater
ial
Movement
— — — — — — 0.05 0.05 — 0.03 0.03 — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.09 0.08 0.09 1.55 0.00 0.00 0.20 0.20 0.00 0.05 0.05 — 228 228 0.01 0.01 0.85 231 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Average
Daily
— — — — — — — — — — — — — — — — — —
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Worker < 0.005 < 0.005 < 0.005 0.05 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 8.51 8.51 < 0.005 < 0.005 0.02 8.62 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.41 1.41 < 0.005 < 0.005 < 0.005 1.43 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.5. Building Construction (2024) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

1.44 1.20 11.2 13.1 0.02 0.50 — 0.50 0.46 — 0.46 — 2,398 2,398 0.10 0.02 — 2,406 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.50 0.42 3.89 4.54 0.01 0.17 — 0.17 0.16 — 0.16 — 830 830 0.03 0.01 — 833 Item 1C - Page 123
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0.000.000.000.000.000.00—0.000.000.000.000.000.000.000.000.000.000.00Onsite truck
Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.09 0.08 0.71 0.83 < 0.005 0.03 — 0.03 0.03 — 0.03 — 137 137 0.01 < 0.005 — 138 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.02 0.02 0.02 0.31 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 46.1 46.1 < 0.005 < 0.005 0.17 46.8 Vendor < 0.005 < 0.005 0.05 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 50.1 50.1 < 0.005 0.01 0.14 52.3 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.02 0.01 0.02 0.18 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 39.2 39.2 < 0.005 < 0.005 < 0.005 39.7 Vendor < 0.005 < 0.005 0.06 0.03 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 50.2 50.2 < 0.005 0.01 < 0.005 52.3 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.01 0.01 0.01 0.08 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 14.5 14.5 < 0.005 < 0.005 0.03 14.7 Vendor < 0.005 < 0.005 0.02 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 17.4 17.4 < 0.005 < 0.005 0.02 18.1 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 2.41 2.41 < 0.005 < 0.005 < 0.005 2.44 Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 2.87 2.87 < 0.005 < 0.005 < 0.005 3.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Item 1C - Page 124
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3.7. Building Construction (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

1.35 1.13 10.4 13.0 0.02 0.43 — 0.43 0.40 — 0.40 — 2,398 2,398 0.10 0.02 — 2,406 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

1.35 1.13 10.4 13.0 0.02 0.43 — 0.43 0.40 — 0.40 — 2,398 2,398 0.10 0.02 — 2,406 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.86 0.72 6.64 8.29 0.01 0.27 — 0.27 0.25 — 0.25 — 1,525 1,525 0.06 0.01 — 1,530 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.16 0.13 1.21 1.51 < 0.005 0.05 — 0.05 0.05 — 0.05 — 252 252 0.01 < 0.005 — 253 Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
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——————————————————Daily,
Summer
(Max)
Worker 0.02 0.02 0.02 0.29 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 45.1 45.1 < 0.005 < 0.005 0.16 45.8 Vendor < 0.005 < 0.005 0.05 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 49.3 49.3 < 0.005 0.01 0.14 51.4 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.01 0.01 0.02 0.16 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 38.4 38.4 < 0.005 < 0.005 < 0.005 38.9 Vendor < 0.005 < 0.005 0.06 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 49.3 49.3 < 0.005 0.01 < 0.005 51.3 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.01 0.01 0.01 0.13 0.00 0.00 0.03 0.03 0.00 0.01 0.01 — 26.1 26.1 < 0.005 < 0.005 0.04 26.5 Vendor < 0.005 < 0.005 0.03 0.01 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 — 31.4 31.4 < 0.005 < 0.005 0.04 32.7 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 4.32 4.32 < 0.005 < 0.005 0.01 4.38 Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 — 5.19 5.19 < 0.005 < 0.005 0.01 5.41 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.9. Paving (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
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1,355—0.010.051,3511,351—0.26—0.260.29—0.290.018.846.520.710.85Off-Road Equipment
Paving — 0.02 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.85 0.71 6.52 8.84 0.01 0.29 — 0.29 0.26 — 0.26 — 1,351 1,351 0.05 0.01 — 1,355 Paving — 0.02 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.13 0.11 0.98 1.33 < 0.005 0.04 — 0.04 0.04 — 0.04 — 204 204 0.01 < 0.005 — 204 Paving — < 0.005 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.02 0.02 0.18 0.24 < 0.005 0.01 — 0.01 0.01 — 0.01 — 33.7 33.7 < 0.005 < 0.005 — 33.8 Paving — < 0.005 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.11 0.11 0.10 1.91 0.00 0.00 0.26 0.26 0.00 0.06 0.06 — 297 297 0.01 0.01 1.03 301 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Item 1C - Page 127
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Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.09 0.08 0.11 1.08 0.00 0.00 0.26 0.26 0.00 0.06 0.06 — 253 253 0.01 0.01 0.03 256 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.01 0.01 0.02 0.20 0.00 0.00 0.04 0.04 0.00 0.01 0.01 — 40.7 40.7 < 0.005 < 0.005 0.07 41.2 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.04 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 6.74 6.74 < 0.005 < 0.005 0.01 6.83 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

3.11. Architectural Coating (2025) - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Onsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.15 0.13 0.88 1.14 < 0.005 0.03 — 0.03 0.03 — 0.03 — 134 134 0.01 < 0.005 — 134 Item 1C - Page 128
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————————————————1.56—Architect
ural
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Road
Equipment

0.03 0.02 0.15 0.19 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 21.9 21.9 < 0.005 < 0.005 — 22.0 Architect
ural
Coatings
— 0.26 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Off-Road
Equipment
< 0.005 < 0.005 0.03 0.03 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 3.63 3.63 < 0.005 < 0.005 — 3.65 Architect
ural
Coatings
— 0.05 — — — — — — — — — — — — — — — —
Onsite
truc
k

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Offsite — — — — — — — — — — — — — — — — — —
Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 0.03 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 — 7.68 7.68 < 0.005 < 0.005 < 0.005 7.78 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Average
Daily
— — — — — — — — — — — — — — — — — —
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Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 1.35 1.35 < 0.005 < 0.005 < 0.005 1.37 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Annual — — — — — — — — — — — — — — — — — —
Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 — 0.22 0.22 < 0.005 < 0.005 < 0.005 0.23 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00

4. Operations Emissions Details

4.1. Mobile Emissions by Land Use

4.1.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps

21.2 19.8 16.5 160 0.35 0.25 27.7 27.9 0.24 7.02 7.25 — 35,447 35,447 1.47 1.67 118 36,098 Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 21.2 19.8 16.5 160 0.35 0.25 27.7 27.9 0.24 7.02 7.25 — 35,447 35,447 1.47 1.67 118 36,098 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
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32,0683.061.711.5731,51531,515—7.257.020.2427.927.70.250.3111217.915.617.0Convenie nce
Market
with Gas
Pumps
Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 17.0 15.6 17.9 112 0.31 0.25 27.7 27.9 0.24 7.02 7.25 — 31,515 31,515 1.57 1.71 3.06 32,068 Annual — — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps

2.94 2.79 1.89 13.2 0.03 0.02 2.17 2.19 0.02 0.55 0.57 — 2,467 2,467 0.18 0.16 3.64 2,522 Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 0.00 0.00 0.00 0.00 Total 2.94 2.79 1.89 13.2 0.03 0.02 2.17 2.19 0.02 0.55 0.57 — 2,467 2,467 0.18 0.16 3.64 2,522

4.2. Energy

4.2.1. Electricity Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — — 444 444 0.03 < 0.005 — 446
Parking
Lot
— — — — — — — — — — — — 24.0 24.0 < 0.005 < 0.005 — 24.1 Item 1C - Page 131
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Total — — — — — — — — — — — — 468 468 0.03 < 0.005 — 470 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — — 444 444 0.03 < 0.005 — 446
Parking
Lot
— — — — — — — — — — — — 24.0 24.0 < 0.005 < 0.005 — 24.1 Total — — — — — — — — — — — — 468 468 0.03 < 0.005 — 470 Annual — — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — — 73.5 73.5 < 0.005 < 0.005 — 73.8 Parking
Lot
— — — — — — — — — — — — 3.98 3.98 < 0.005 < 0.005 — 3.99 Total — — — — — — — — — — — — 77.5 77.5 < 0.005 < 0.005 — 77.8

4.2.3. Natural Gas Emissions By Land Use - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
< 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 51.1 51.1 < 0.005 < 0.005 — 51.2 Item 1C - Page 132
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Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 51.1 51.1 < 0.005 < 0.005 — 51.2 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
< 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 51.1 51.1 < 0.005 < 0.005 — 51.2 Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total < 0.005 < 0.005 0.04 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 51.1 51.1 < 0.005 < 0.005 — 51.2 Annual — — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
< 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 8.46 8.46 < 0.005 < 0.005 — 8.48 Parking
Lot

0.00 0.00 0.00 0.00 0.00 0.00 — 0.00 0.00 — 0.00 — 0.00 0.00 0.00 0.00 — 0.00 Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 8.46 8.46 < 0.005 < 0.005 — 8.48

4.3. Area Emissions by Source

4.3.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Source TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
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————————————————0.20—Consum
er
Architect
ural
Coatings
— 0.03 — — — — — — — — — — — — — — — —
Landsca
pe
Equipme
nt

0.07 0.07 < 0.005 0.41 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.70 1.70 < 0.005 < 0.005 — 1.71 Total 0.07 0.30 < 0.005 0.41 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.70 1.70 < 0.005 < 0.005 — 1.71 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Consum
er
Products
— 0.20 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— 0.03 — — — — — — — — — — — — — — — —
Total — 0.23 — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Consum
er
Products
— 0.04 — — — — — — — — — — — — — — — —
Architect
ural
Coatings
— <

0.005 — — — — — — — — — — — — — — — —
Landsca
pe
Equipme
nt

0.01 0.01 < 0.005 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.14 0.14 < 0.005 < 0.005 — 0.14 Total 0.01 0.05 < 0.005 0.04 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 0.14 0.14 < 0.005 < 0.005 — 0.14

4.4. Water Emissions by Land Use
Item 1C - Page 134
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4.4.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 1.35 8.28 9.63 0.14 < 0.005 — 14.1 Annual — — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — 0.22 1.37 1.59 0.02 < 0.005 — 2.33 Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
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Total — — — — — — — — — — — 0.22 1.37 1.59 0.02 < 0.005 — 2.33

4.5. Waste Emissions by Land Use

4.5.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8
Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8 Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8
Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 15.4 0.00 15.4 1.54 0.00 — 53.8 Annual — — — — — — — — — — — — — — — — — —
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8.91—0.000.252.550.002.55———————————Convenie
nce
Mark
et
with Gas
Pumps
Parking
Lot
— — — — — — — — — — — 0.00 0.00 0.00 0.00 0.00 — 0.00
Total — — — — — — — — — — — 2.55 0.00 2.55 0.25 0.00 — 8.91

4.6. Refrigerant Emissions by Land Use

4.6.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — — — — — — 1,970 1,970
Total — — — — — — — — — — — — — — — — 1,970 1,970
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Convenie
nce
Mark
et
with Gas
Pumps
— — — — — — — — — — — — — — — — 1,970 1,970
Total — — — — — — — — — — — — — — — — 1,970 1,970
Annual — — — — — — — — — — — — — — — — — —
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Convenie
Mark
et
with Gas
Pumps
— — — — — — — — — — — — — — — — 326 326
Total — — — — — — — — — — — — — — — — 326 326

4.7. Offroad Emissions By Equipment Type

4.7.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —

4.8. Stationary Emissions By Equipment Type

4.8.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Item 1C - Page 138
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——————————————————Daily,
Summer
(Max)
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —

4.9. User Defined Emissions By Equipment Type

4.9.1. Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme
nt
Type
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —

4.10. Soil Carbon Accumulation By Vegetation Type
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4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetatio
n
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —

4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
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4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
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5. Activity Data

5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Site Preparation Site Preparation 6/3/2024 6/15/2024 5.00 10.0 — Grading Grading 6/17/2024 7/5/2024 5.00 15.0 —
Building Construction Building Construction 7/8/2024 11/21/2025 5.00 360 — Paving Paving 9/1/2025 11/14/2025 5.00 55.0 —
Architectural Coating Architectural Coating 10/6/2025 12/26/2025 5.00 60.0 —

5.2. Off-Road Equipment

5.2.1. Unmitigated
Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Site Preparation Rubber Tired Dozers Diesel Average 3.00 8.00 367 0.40 Site Preparation Tractors/Loaders/Backh
oes
Diesel Average 4.00 8.00 84.0 0.37
Grading Graders Diesel Average 1.00 8.00 148 0.41
Grading Excavators Diesel Average 1.00 8.00 36.0 0.38
Grading Tractors/Loaders/Backh
oes
Diesel Average 3.00 8.00 84.0 0.37
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Grading Rubber Tired Dozers Diesel Average 1.00 8.00 367 0.40 Building Construction Cranes Diesel Average 1.00 7.00 367 0.29 Building Construction Forklifts Diesel Average 3.00 8.00 82.0 0.20 Building Construction Generator Sets Diesel Average 1.00 8.00 14.0 0.74 Building Construction Welders Diesel Average 1.00 8.00 46.0 0.45 Building Construction Tractors/Loaders/Backh
oes
Diesel Average 3.00 7.00 84.0 0.37
Paving Tractors/Loaders/Backh
oes
Diesel Average 1.00 8.00 84.0 0.37
Paving Cement and Mortar
Mixers
Diesel A
verage 2.00 6.00 10.0 0.56
Paving Pavers Diesel Average 1.00 8.00 81.0 0.42
Paving Paving Equipment Diesel Average 2.00 6.00 89.0 0.36 Paving Rollers Diesel Average 2.00 6.00 36.0 0.38
Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48

5.3. Construction Vehicles

5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Site Preparation — — — —
Site Preparation Worker 17.5 18.5 LDA,LDT1,LDT2
Site Preparation Vendor — 10.2 HHDT,MHDT
Site Preparation Hauling 0.00 20.0 HHDT
Site Preparation Onsite truck — — HHDT
Grading — — — —
Grading Worker 15.0 18.5 LDA,LDT1,LDT2
Grading Vendor — 10.2 HHDT,MHDT
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Grading Hauling 0.00 20.0 HHDT
Grading Onsite truck — — HHDT
Building Construction — — — —
Building Construction Worker 3.04 18.5 LDA,LDT1,LDT2
Building Construction Vendor 1.56 10.2 HHDT,MHDT
Building Construction Hauling 0.00 20.0 HHDT
Building Construction Onsite truck — — HHDT
Paving — — — —
Paving Worker 20.0 18.5 LDA,LDT1,LDT2
Paving Vendor — 10.2 HHDT,MHDT
Paving Hauling 0.00 20.0 HHDT
Paving Onsite truck — — HHDT
Architectural Coating — — — —
Architectural Coating Worker 0.61 18.5 LDA,LDT1,LDT2
Architectural Coating Vendor — 10.2 HHDT,MHDT
Architectural Coating Hauling 0.00 20.0 HHDT
Architectural Coating Onsite truck — — HHDT

5.4. Vehicles

5.4.1. Construction Vehicle Control Strategies
Non-applicable. No control strategies activated by user.

5.5. Architectural Coatings
Phase Name Residential Interior Area Coated
(sq ft)
Residential Exterior Area Coated
(sq ft)
Non-Residential Interior Area
Coated (sq
ft)
Non-Residential Exterior Area
Coated (sq
ft)
Parking Area Coated (sq ft)
Architectural Coating 0.00 0.00 14,250 4,750 1,129
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5.6. Dust Mitigation

5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (cy) Material Exported (cy) Acres Graded (acres) Material Demolished (sq. ft.) Acres Paved (acres) Site Preparation — — 15.0 0.00 —
Grading — — 15.0 0.00 —
Paving 0.00 0.00 0.00 0.00 0.43

5.6.2. Construction Earthmoving Control Strategies
Non-applicable. No control strategies activated by user.

5.7. Construction Paving
Land Use Area Paved (acres) % Asphalt
Convenience Market with Gas Pumps 0.00 0%
Parking Lot 0.43 100%

5.8. Construction Electricity Consumption and Emissions Factors kWh per Y ear and Emission Factor (lb/MWh)
Y ear kWh per Y ear CO2 CH4 N2O
2024 0.00 532 0.03 < 0.005
2025 0.00 532 0.03 < 0.005

5.9. Operational Mobile Sources

5.9.1. Unmitigated
Land Use Type Trips/Weekday Trips/Saturday Trips/Sunday Trips/Y ear VMT/Weekday VMT/Saturday VMT/Sunday VMT/Y ear Item 1C - Page 145
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6,176,73039,15539,1558,0301,829,0025,0115,0115,011Convenience Market with Gas Pumps
Parking Lot 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

5.10. Operational Area Sources

5.10.1. Hearths

5.10.1.1. Unmitigated

5.10.2. Architectural Coatings
Residential Interior Area Coated (sq ft) Residential Exterior Area Coated (sq ft) Non-Residential Interior Area Coated (sq ft)
Non-Residential Exterior Area Coated
(sq ft)
Parking Area Coated (sq ft)
0 0.00 14,250 4,750 1,129

5.10.3. Landscape Equipment
Season Unit Value
Snow Days day/yr 0.00
Summer Days day/yr 180

5.11. Operational Energy Consumption

5.11.1. Unmitigated
Electricity (kWh/yr) and CO2 and CH4 and N2O and Natural Gas (kBTU/yr) Land Use Electricity (kWh/yr) CO2 CH4 N2O Natural Gas (kBTU/yr) Convenience Market with Gas
Pumps
304,757 532 0.0330 0.0040 159,455
Parking Lot 16,484 532 0.0330 0.0040 0.00
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5.12. Operational Water and Wastewater Consumption

5.12.1. Unmitigated
Land Use Indoor Water (gal/year) Outdoor Water (gal/year) Convenience Market with Gas Pumps 703,689 729,063
Parking Lot 0.00 0.00

5.13. Operational Waste Generation

5.13.1. Unmitigated
Land Use Waste (ton/year) Cogeneration (kWh/year)
Convenience Market with Gas Pumps 28.5 —
Parking Lot 0.00 —

5.14. Operational Refrigeration and Air Conditioning Equipment

5.14.1. Unmitigated
Land Use Type Equipment Type Refrigerant GWP Quantity (kg) Operations Leak Rate Service Leak Rate Times Serviced Convenience Market
with Gas
Pumps
Other commercial A/C
and heat
pumps
R-410A 2,088 < 0.005 4.00 4.00 18.0
Convenience Market
with Gas
Pumps
Supermarket
refriger
ation and
condensing units
R-404A 3,922 26.5 16.5 16.5 18.0

5.15. Operational Off-Road Equipment

5.15.1. Unmitigated
Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Item 1C - Page 147
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5.16. Stationary Sources

5.16.1. Emergency Generators and Fire Pumps
Equipment Type Fuel Type Number per Day Hours per Day Hours per Y ear Horsepower Load Factor

5.16.2. Process Boilers
Equipment Type Fuel Type Number Boiler Rating (MMBtu/hr) Daily Heat Input (MMBtu/day) Annual Heat Input (MMBtu/yr)

5.17. User Defined
Equipment Type Fuel Type

5.18. Vegetation

5.18.1. Land Use Change

5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres

5.18.1. Biomass Cover Type

5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres

5.18.2. Sequestration

5.18.2.1. Unmitigated
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Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)

6. Climate Risk Detailed Report

6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will
continue to rise strongly through 2050 and then plateau around 2100.

Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 20.9 annual days of extreme heat Extreme Precipitation 0.85 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 1.26 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical
data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day
or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation
location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events.

Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation,
population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.

6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise N/A N/A N/A N/A
Wildfire N/A N/A N/A N/A
Flooding N/A N/A N/A N/A
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Drought 0 0 0 N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation N/A N/A N/A N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.

The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest
ability to adapt.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.

6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 1 1 2
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise N/A N/A N/A N/A
Wildfire N/A N/A N/A N/A
Flooding N/A N/A N/A N/A
Drought 1 1 1 2
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation N/A N/A N/A N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure
.

The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest
ability to adapt.

The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.

6.4. Climate Risk Reduction Measures

7. Health and Equity Details

7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state.

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Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 88.7
AQ-PM 6.53
AQ-DPM 57.4
Drinking Water 31.9
Lead Risk Housing 15.8
Pesticides 10.1
Toxic Releases 5.98
Traffic 45.1
Effect Indicators —
CleanUp Sites 0.00
Groundwater 0.00
Haz Waste Facilities/Generators 54.6
Impaired Water Bodies 0.00
Solid Waste 9.67
Sensitive Population —
Asthma 16.6
Cardio-vascular 35.6
Low Birth Weights 67.2
Socioeconomic Factor Indicators —
Education 17.2
Housing 59.3
Linguistic 11.3
Poverty 65.1
Unemployment 85.0
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7.2. Healthy Places Index Scores
The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

Indicator Result for Project Census Tract
Economic —
Above Poverty 31.695111
Employed 12.21609136
Median HI 16.46349288
Education —
Bachelor's or higher 62.03002695
High school enrollment 23.31579623
Preschool enrollment 32.52919287
Transportation —
Auto Access 30.23225972
Active commuting 40.74169126
Social —
2-parent households 6.13370974
Voting 75.83728988
Neighborhood —
Alcohol availability 73.10406775
Park access 5.941229308
Retail density 33.90221994
Supermarket access 59.36096497
Tree canopy 26.76761196
Housing —
Homeownership 73.73283716
Housing habitability 70.05004491
Low-inc homeowner severe housing cost burden 22.86667522 Item 1C - Page 152
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Low-inc renter severe housing cost burden 62.46631592
Uncrowded housing 88.2586937
Health Outcomes —
Insured adults 38.59874246
Arthritis 0.0
Asthma ER Admissions 57.7
High Blood Pressure 0.0
Cancer (excluding skin) 0.0
Asthma 0.0
Coronary Heart Disease 0.0
Chronic Obstructive Pulmonary Disease 0.0
Diagnosed Diabetes 0.0
Life Expectancy at Birth 30.7
Cognitively Disabled 19.2
Physically Disabled 1.4
Heart Attack ER Admissions 74.1
Mental Health Not Good 0.0
Chronic Kidney Disease 0.0
Obesity 0.0
Pedestrian Injuries 73.5
Physical Health Not Good 0.0
Stroke 0.0
Health Risk Behaviors —
Binge Drinking 0.0
Current Smoker 0.0
No Leisure Time for Physical Activity 0.0
Climate Change Exposures —
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Wildfire Risk 4.9
SLR Inundation Area 0.0
Children 96.1
Elderly 0.6
English Speaking 74.6
Foreign-born 27.4
Outdoor Workers 79.7
Climate Change Adaptive Capacity —
Impervious Surface Cover 42.6
Traffic Density 50.3
Traffic Access 23.0
Other Indices —
Hardship 60.5
Other Decision Support —
2016 Voting 88.1

7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 24.0 Healthy Places Index Score for Project Location (b) 26.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) No Project Located in a Low-Income Community (Assembly Bill 1550) Y es Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.

7.4. Health & Equity Measures
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No Health & Equity Measures selected.

7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.

7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created.

8. User Changes to Default Data
Screen Justification
Characteristics: Project Details Project is in Palm Springs.

Land Use Per Project site plans, assumes 7,000 square foot convenience store and gas station on a 3.68-acre site,
with potential future development of additional 1,500 SF . Based on PS zoning code, minimum 25% landscaped area is assumed.

Construction: Construction Phases Assumes 1 year buildout for the Project, with an additional 6-months for potential second phase of dev
elopment.

Operations: Vehicle Data Trip lengths adjusted based on comparable convenience market with gas pumps in Coachella Valley.

Item 1C - Page 155
B

Appendix B

Biological Resource Study

Item 1C - Page 156

DRAFT BIOLOGICAL RESOURCES ASSESSMENT REPORT & AGUA CALIENTE TRIBAL

HABITAT CONSERVATION PLAN CONSISTENCY ANALYSIS

AGUA CALIENTE FUEL PALM SPRINGS
Assessor’s Parcel Numbers: 680-564-014 (0.8 acres), 680-564-017 (0.92 acres), 680-564-002 (0.92 acres), 680-564-018 (1.05 acres)
City of Palm
Springs Riverside
County California
Submitted to:

Terra Nova Planning and Research
42635 Melanie Place, Suite
101 Palm Springs, CA 92211
Contact: Nicole Criste, Principal
(760) 341-4800, E-mail: [email protected]
Submitted by:

WSP USA Environment & Infrastructure, Inc.
11870 Pierce Street #160
Riverside, CA 92505
Contact: Michael Wilcox, Senior Biologist
(951) 634-9765 – mobile, E-mail [email protected]
Item 1C - Page 157
'''I>
Biological Resources Assessment Report & Agua Caliente Tribal HCP Consistency Analysis Crossley Road Fuel Station & Convenience Store Development Project March 2024
Page iiCrossley Road Fuel Station & Convenience Store Development Project BRAR & THCP Consistency Analysis

TABLE OF CONTENTS

1.0 INTRODUCTION 1

2.0 SITE / PROJECT DESCRIPTION 1

3.0 REGULATORY FRAMEWORK 1

3.1 Federal 1
Federal Endangered Species Act 1
Federal Migratory Bird Treaty Act 2
National Environmental Policy Act 2
Clean Water Act 2

3.2 Regional 5

3.2.1 Agua Caliente Tribal Environmental Policy 5

3.2.2 Agua Caliente Tribal Habitat Conservation Plan 5

4.0 METHODS 7

4.1 Literature Review 7

4.2 Field Assessment 7

5.0 RESULTS 8

5.1 Agua Caliente Tribal Habitat Conservation Plan 8

5.1.1 Valley Floor Planning Area (VFPA) 8

5.2 Weather Conditions 9

5.3 Topography, Soils and Waters 9

5.4 Vegetation 9

5.5 Wildlife 10

5.6 Special Status Biological Resources 11

6.0 DISCUSSION 20

6.1 Discussion of the Special Status Biological Resources Tables 20

6.1.1 Potentially Occurring Plant Species Not Covered, or Not Fully Covered, Under the THCP 21

6.1.2 Potentially Occurring Special Status Wildlife Not Covered Under, or Not Fully Covered Under the THCP 22

6.1.2.1 Invertebrates 22

6.1.2.2 Vertebrates 23

6.1.3 Additional Bird Species Protected by the Migratory Bird Treaty Act 25

6.2 Jurisdictional Areas 26

7.0 CONCLUSION 26

8.0 LITERATURE CITED AND REFERENCES 29
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Page iiiCrossley Road Fuel Station & Convenience Store Development Project BRAR & THCP Consistency Analysis

LIST OF TABLES
Table 1. Special Status Plants 12
Table 2. Special Status Invertebrates 13
Table 3. Special Status Amphibians 14
Table 4. Special Status Reptiles 14
Table 5. Special Status Birds 15
Table 6. Special Status Mammals 18

LIST OF APPENDICES
Appendix A Vascular Plants
Appendix B Vertebrate Animals
Appendix C Figures
Appendix D Photographic Exhibits
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