Approximately 85 acres within the Active Adult
Community would be provided for private parks
and open space. The Active Adult Community
would consist of a combination of neighborhood
parks, trail linkages, water features, clubhouses,
plazas, courtyards, jogging paths, and community
pools as identified in PDF 5.13- 1. Parkland within
the Active Adult Community would complement
the natural desert context of the Coachella Valley
and would incorporate public art and water
features combined with enhanced vegetation
providing recreational opportunities within the
development, as identified in PDF 5.13-2.
Potentially
Significant
With Project
Design
Features
MM 5.13-1 Prior to the issuance of building permits, individual project proponents shall pay applicable in- lieu parkland fees, or equivalent, to ensure adequate funding for parks and recreation improvements.
Less than
Significant
The Project would include rec reational amenities
throughout the development which would consist
of neighborhood parks, trail linkages, water
features, clubhouses, plazas, courtyards, jogging
paths, and community pools. These recreational
amenities are incorporated into the design of t he
Project and would be constructed concurrently
Potentially
Significant
with Project
Design
Features
Mitigation Measures identified throughout this table shall be implemented.
Less than
Significant
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Mitigation Mitigation Measures
Impact with
Mitigation
with the Project. The short -term impacts,
applicable Project Design Features, and
Mitigation Measures associated with the
construction of these facilities are addressed in
Sections 5.2, Air Quality, 5.5 Geology and Soils,
5.6, Greenhouse Gas Emissions, 5.7 Hydrology
and Water Quality, 5.10, Noise, and 5.14, Traffic
and Transportation.
Construction of the
recreational amenities would not result in
significant impacts, but would contribute to the
overall construction impacts.
Traffic and Transportation
Project construction is anticipated to last
approximately 6 to 8 years for the Active Adult
Community and up to 20 years for the entire
Project. Construction for the Active Adult
Community is expected to commence during or
after 2016. Temporary impacts would occur
during the construction of infrastructure
improvements serving the Project, including the
widening of Bob Hope Drive, and other offsite
roadway and infrastructure improvements.
Construction of these infrastructure
improvements would cause short -term impacts
related to noise, dust, and traffic flows as a result
of temporary lane closures.
Potentially
Significant
MM 5.14-1 Prior to obtaining a grading permit, the individual project proponent shall prepare and submit to the Agua Caliente Band of Cahuilla Indians, City of Rancho Mirage and/or
Riverside County for review and approval detailed
construction traffic management plans, including street closure information, detour plans, haul routes, and
staging plans as necessary for any off -site work that
would encroach on public right -of-way. The construction traffic management plans shall include the following
elements, as appropriate:
• Provisions for temporary traffic control during all
construction activities adjacent to public right -of-way to improve traffic flow on public roadways (e.g., flag
person);
• Construction-related vehicles shall not park on
surrounding public streets;
• Provision of safety precautions for pedestrians and
bicyclists through such measures as alternate routing
and protection barriers;
• Schedule construction -related deliveries to reduce
travel during peak travel periods;
Less than
Significant
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Mitigation
• Obtain the required permits for truck haul routes
from the Tribe, City of Rancho Mirage and/or
Riverside County prior to the issuance of any permit
for the project;
• Obtain a Caltrans transportation permit for use of
oversized transport vehicles on Caltrans facilities;
• Outline adequate measures to ensure emergency
vehicle access during all aspects of the project’s
construction, including, but not limited to, the use of flagmen during partial closures to streets
surrounding the Project Site to facilitate the traffic
flow until construction is complete; and
• Include the implementation of security measures
during construction in areas that are accessible to
the general public to help reduce any increased
demand on law enforcement se rvices, including
fencing construction areas, providing security
lighting, and providing security personnel to patrol
construction sites.
Existing Conditions (Active Adult Community)
The addition of Project traffic, associated with the
initial phase of the Project, to existing traffic
volumes, would result in minimal change to the
peak hour level of service at Bob Hope Drive and
Casino (Intersection 9 ). The Monterey Avenue a t
Dinah Shore Drive (Intersection 16) and Bob Hope
Drive at Gerald Ford Drive intersections
(Intersection 17) are under the jurisdiction of
both the City of Rancho Mirage and the City of
Palm Desert. The Key Largo Avenue at Dinah
Shore Drive intersection (Intersection 15) is not
yet fully improved, but not expected to exceed
level of service ( LOS) C, and maximum feasible
intersection improvement s have been
Less than
Significant
with Project
Design
Features
No mitigation measures necessary. Less than
Significant
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Impact with
Mitigation
implemented at Intersection 16. Intersection 17
would require additional queue storage length to
prevent spillback into the adjacent through lane.
The City has included improvements to this
intersection in the 2014- 2015 Capital
Improvement Program (CIP). Construction is
scheduled to start in May 2015 and end in
October 2015. These improvements would
provide an adequate level of service at this
intersection in 2035.
Based on the City of Rancho Mirage performance
standard for intersection operations, and the
other performance standards identified by
Riverside County and nearby cities, the Project
would not result insignificant impacts on the
operation of the intersecti ons studied.
Furthermore, roadway improvements will be
made consistent with City and/or County
requirements (PDF 5.14 -1 through PDF 5.14- 5)
and improvements will be made at Intersection 9
(PDF 5.14-6).
Existing Conditions Plus Full Project Development
The addition of traffic from full development of
the Project would potentially impact the
unsignalized intersection of Westin Resort Villas
at Dinah Sh ore Drive [Intersection 13]. A traffic
control signal would be installed in conjunction
with the site access connection proposed
opposite Intersection 13 and activated when
warranted by site traffic volumes. With traffic
signal control, this intersection would operate at
LOS A during the morning peak hour and
maintain LOS C operation during the evening
peak hour.
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary. Less than
Significant
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Impact with
Mitigation
All intersections in the City of Rancho Mirage
would continue to operate at an acceptable level
of service based on the City’s performance
standards for intersection operations with
existing plus full project development traffic
volumes and the site access improv ements
proposed at the Los Alamos Road at Via Bella
intersection (Intersection 8), Intersection 9, and
Intersection 13.
The level of servic e is projected to drop from LOS
C to LOS D at the Da Vall Drive at Ramon Road
intersection (Intersection 3), Intersection 16, and
Intersection 17. With the installation of a traffic
signal at Intersection 13 all of the intersections
studied would provide acceptable levels of
service with existing plus full P roject
development volumes and the site access
improvements. Furthermore, roadway
improvements will be made consistent with City
and/or County requirements (PDF 5.14 -1 through
PDF 5.14 -5 and PDF 5.14 -7) and improvements
will be made at Intersection 8, Intersection 9 (PDF
5.14-6), Intersection 13, and Intersections 18
through 21 (PDF 5.14-8 and PDF 5.14-9).
Future Year 2022 With Initial Phase
All intersections will operate at acceptable levels
of service in the year 2022 and the initial phase of
the Project will not result in any significant
impacts. Furthermore, roadway improvements
will be made consistent with City and/or County
requirements (PDF 5.14 -1 through PDF 5.14- 5)
and improvements will be made at Intersection 9,
Intersection 12, and Intersection 8 (PDF 5.14-6).
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary. Less than
Significant
with Project
Design
Features
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Mitigation Mitigation Measures
Impact with
Mitigation
Future Year 2035 with Project Development
Additional improvements to Intersection 17 are
needed to maintain an acceptable level of
service. The City will be constructing these
improvements in 2015 and with these
improvements, this intersection will operate at
an acceptable level of service in 2035.
Four intersections are projected to operate at
LOS D or better without mitigation. Two of these
intersections, Intersection 3 and Intersection 17
are projected to operate at an unacceptable level
of service. The remaining intersections would be
improved with the development of the Project to
accommodate site access and these
improvements would result in an acceptable level
of service , as identified previously in PDF 5.14 -1
through PDF 5.14-9.
The intersection of Bob Hope Drive and Gerald
Ford Drive is projected to operate at an
unacceptable level of service in 2035. The
eastbound left-turn volume on Gerald Ford Drive
at the intersection of Bob Hope Drive will require
additional queue storage length in the future. The
City has approved and funded improvements to
this intersection planned for completion in 2015.
The planned improvements will provide dual left -
turn lanes and a dedicated r ight-turn lane on all
four approaches at this intersection, which will
ensure an adequate level of service is
maintained.
The intersection of Da Vall Drive at Ramon Road
is also projected to operate at an unacceptable
level of service in 2035 and addition al
improvements will be needed to maintain an
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary. Less than
Significant
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Mitigation Mitigation Measures
Impact with
Mitigation
acceptable level of service. Both Ramon Road and
Da Vall Drive are included in the Regional Arterial
Program and eligible for Measure A and TUMF
funds for these improvements. Future
improvements to Da Vall Driv e are identified in
CVAG Transportation Project Prioritization Study
(TPPS). While not currently identified for funding,
these improvements would be funded in the
future when needed to maintain an acceptable
level of service.
Future conditions at the three signalized site
access intersections proposed opposite the
existing Intersections 9, 12, and 13. Signalized
full-turn site access connections are proposed at
0.25-mile spacing intervals along Ramon Road
and Bob Hope Drive. Full -turn site access
connections along Dinah Shore Drive are
proposed opposite the existing signalized
intersection providing access for the Westin
Mission Hills Golf Resort and Spa (1,780 feet east
of Los Alamos Road) as well as opposite the
unsignalized access for the Westin Resort Villas
(1,220 feet west of Bob Hope Drive). With site
traffic, the peak hour traffic signal warrants
would be met and new traffic control signals
would be installed at these intersections
concurrent with development, as identified in
PDF 5.14-6.
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary Less than
Significant
Adequate inbound and outbound capacity shall
be provided to accommodate the site traffic
volumes. The proposed traffic control type at the
site access intersections appears to be
appropriate. The proposed site access plan
incorporates joint access (the sharing of a
Potentially
Significant
MM 5.14-2 Appropriate right- of-way shall be provided by individual development proje cts to accommodate the ultimate
improvement of the abutting public roadways, and these
roadways sections shall be fully improved in conjunction with the adjacent development project.
Less than
Significant
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Project Impacts
Impact
without
Mitigation Mitigation Measures
Impact with
Mitigation
driveway access point by two or more Planning
Areas), which is a desirable and effective means
of minimizing the adverse impacts of site access
connections on adjacent streets.
MM 5.14-3 To ensure compliance with applicable roadway and access design standards when individual development
projects are processed, their final layout and site access design shall be subject to review and approval by the
Tribe and, as appropriate, the City of Rancho Mirage
and/or Riverside County. The need for street widening to accommodate entry drives, the internal circulation
design, and other features shall be accommodated on a
project by project basis. A traffic signing and striping plan may also be required for review and approval in
conjunction with detailed constructi on plans for any
individual development project within the Project Site.
Future sidewalk/bikeway/golf cart paths are
planned on the perimeter of the Project Site
(along Ramon Road, Bob Hope Drive, and Los
Alamos Road) in the Rancho M irage General Plan
that would link with the integrated system being
developed throughout the study area.
Potentially
Significant
MM 5.14-4 All individual development projects shall comply with applicable requirements in the Section 24 Specific Plan and construct the future combination sidewalk / bikeway / golf cart paths along Ramon Road, Bob Hope Drive,
Dinah Shore Drive and Los Alamos Road.
Less than
Significant
All intersection studies along the intersections
and roadway segments within the Congestion
Management Program (CMP) System of Highways
and Roadways would operate at an acceptable
LOS (LOS D or better) under existing and future
(Year 2022) conditions. Maxi
mum feasible
improvements have been implemented for those
intersections under the City of Palm Desert
performance standard.
Additionally, the Project will pay the CVAG
Transportation Uniform Mitigation Fee (TUMF),
or an in -lieu fee equal to TUMF, which is the
major source of regional roadway improvement
fees in the Coachella Valley.
Potentially
Significant
MM 5.14-5 The developers of individual development projects within the Project Site shall make a fair -share contribution to the cost for planned future roadway improvements by paying
an in -lieu fee equal in amount to what the CVAG Traffic Uniform Mitigation Fee (TUM F) would be for that project at the time building permits are issued.
MM 5.14-6 The project proponent shall pay applicable fees to the appropriate jurisdictions to ensure that a fair -share
contribution is made to Cathedral City for improvements to the intersection of Da Vall Drive and Ramon Road, such as the TUMF program.
Less than
Significant
Palm Springs International Airport is located No Significant No mitigation measures are necessary. No Significant 12-302
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Project Impacts
Impact
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Impact with
Mitigation
approximately 3.6 miles west of the Project Site,
within the City of Palm Springs. This commercial
airport is located north of Ramon Road and south
of Vista Chino, between Gene Autry Trail and
Farrell Drive. Air traffic patterns would not res ult
in any safety risks to the Project.
Impacts Impacts
Controlled primary entryways to the Active Adult
Community will include provisions to facilitate
access by emergency vehicles.
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary. Less than
Significant
The amount of parking will vary depending on the
number of units’ proposed and square footage of
the non-residential uses. Within the Project Site ,
there is the potential to share a pool of parking
that is smaller than the amount that would be
required for each land use individually. However,
because shared parking reductions depend on
the specific type and size of land uses within a
project, the specific parking demand ratio for
each land use requires further study involving the
specific type of land use and peak -hour demand.
The applicant will have to demonstrate that the
proposed uses have different peak hours of
parking demand or that the total parking demand
at any one time will be adequately served by the
total number of parking spaces provided.
Less than
Significant
No mitigation measures are necessary. Less than
Significant
Utilities and Service Systems
Water Service
Potable water would be provided by a
combination of the Mission Hills Pressure Zone,
the Sky Mountain Pressure Zone, and up to seven
pumping plants and well sites on-site.
Less than
Significant
with Project
Design
No mitigation measures are required. Less than
Significant
with Project
Design
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2.0 Summary
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Project Impacts
Impact
without
Mitigation Mitigation Measures
Impact with
Mitigation
The conceptual potable water plan illustrates the
location of existing and proposed domestic use
water lines and up to seven well sites on- site that
would be provided within the Project Site. The
on-site potable water lines would be a
combination of 18- inch, 12-inch, and 8-inch lines.
The proposed 18-inch water lines would serve the
central, southern, and western portion of the
Active Adult Community and all of the Tribal
Planning Areas. The proposed 12 -inch and 8 -inch
water lines would branch off the 18 -inch water
lines to supply the remaining areas of the Active
Adult Community with potable water. Project
Design Feature 5.15.1-1 provides an agreed upon
easement for the construction of the proposed
18-
inch water lines which would connect to
Ramon Road. Project Design Features 5.15.1 -2
and PDF 5.15.1 -3 will ensure that the
construction of the potable water lines at POC 1,
2, and 3 are consistent with Tribal, City standards
if property is annexed,
and/or CVWD design
standards. Similar to the 12-inch and 8-inch water
lines, the 18- inch water line would be designed
consistent with CVWD standards as identified in
PDF 5.15.1- 3. A total of seven well sites are
proposed within the Project Site; four within the
Active Adult Community and three within the
Tribal Planning Areas. Project Design Feature
5.15.1-4 will ensure that all future wells
developed on -site would be constructed
consistent with the CVWD Development Design
Manual.
Features Features
Variations in supply and demand during dry and
multiple dry years are expected to be minimal
Less than
Significant
No mitigation measures are required. Less than
Significant
12-304
2.0 Summary
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Project Impacts
Impact
without
Mitigation Mitigation Measures
Impact with
Mitigation
due to the water supply planning and projects
undertaken by CVWD. In general, all CVWD water
supply sources can provide for 100 percent of the
demand in the Coachella Valle y for a substantial
period of time, including the increased demand
of 1,780 acre-feet per year, which corresponds to
approximately 3.1 acre -feet per year per acre,
resulting from development of the Project. In
addition, the Project would implement a number
of Project Design Features (PDF 5.15.1 -5 to PDF
5.15.1-11) for water conservation which would
further reduce water demand, including the use
of drought -tolerant plants and the use of grey
and recycled water for irrigation. T he Project’s
demand of 367 gall ons per capita per day ( gpcd)
is below the per capita target of 473 gpcd, or 0.53
afy, necessary to manage the groundwater basin.
The Project is consistent with the application of
the conservation requirements of the CVWD
regulations including the Landscap e Ordinance
1302.1, which requires reduced water allowances
for landscaped and recreational areas. Similarly,
the Project is consistent with the Agua Caliente
Land Use Ordinance. Specifically, Article VII of the
Tribal Land Use Ordinance
, Landscaping
Standards, ensures maximum water efficiency in
comprehensive landscaping plans, irrigation
plans, plant materials, and decorative water
features. The Project is also consistent with the
County of Riverside Ordinance No. 859, Water
Efficient Landscape Requiremen ts Ordinance,
which establishes provisions for water
management practices and water waste
prevention for new and rehabilitated landscapes.
Therefore, there would be sufficient water
with Project
Design
Features
with Project
Design
Features
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Project Impacts
Impact
without
Mitigation Mitigation Measures
Impact with
Mitigation
supplies available to serve the Project from
existing entitlements and res ources, and new or
expanded entitlements would not be required.
Sewer
The Project is in jurisdiction of the Colorado River
Basin RWQCB, which issues NPDES permits for
non-Tribal projects the area. Treatment of water
at WRP-7 currently meets secondary and tertiary
standards, allowing treated wastewater not used
as recycled water to be discharged into
percolation pools and used for irrigation.
The Project wastewater flow would increase the
existing average annual flow by approximately 44
percent to 3.0408 million gallons per day ( mgd).
The Project increase to WRP -
7’s secondary
treatment capacity would be within the existing
secondary treatment capacity of the treatment
plant. However, the Project’s increase would
exceed WRP -
7’s existing tertiary treatment
capacity. The CVWD 2010 UWMP identifies that
the treatment capacity of WRP -7 would increase
as buildout of the C VWD service area occurs and
indicates that WRP -7 would have the capacity to
treat 7.5 mgd of wastewater. The Project is
projected to build out by 2035, and as such, WRP -
7 is expected to treat 7.5 mgd.
Less than
Significant
No mitigation measures are required. Less than
Significant
The onsite wastewater collection system for the
Active Adult Community would connect proposed
8-inch sewer lines to the existing 15- inch sewer
line within Los Alamos Road. Project Design
Feature PDF 5.12.2- 2 and PDF 5.12.2- 3 will
ensure that the construction and connection of
the 8 -inch sewer lines at POC 1, 2, and 3 are
Potentially
Significant
with Project
Design
Features
MM 5.15.2-1 Prior to the issuance of the first occupancy permit, individual project proponents shall pay applicable
fees, or provide equivalent funding, to CVWD to
update the sewer line beneath Varner Road east of
Cook Street, as requested by CVWD, and to cover the
Project’s fair share from the cumulative need to
expand WRP-7.
Less than
Significant
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Project Impacts
Impact
without
Mitigation Mitigation Measures
Impact with
Mitigation
consistent with Tribal, City standards if property
is annexed, and/or CVWD design standards. The
proposed 12 -inch sewer line would connect to
the existing 15- inch sewer line within Ramon
Road and serve the central and northeastern
portion of the Active Adult Community and the
Tribal Planning Areas. Project Design Feature PDF
5.12.2-1 provides an agreed upon easement for
the construction of the proposed 12 -inch sewer
lines which would connect to Ramon Road.
Similar to the 8- inch proposed sewer lines, the
12-inch sewer lines would be designed consistent
with CVWD standards as identified in PDF 5.12.2-
3. All onsite sewer lines will gravity feed to the
existing sewer lines.
However, CVWD has indicated that the sewer line
beneath Varner Road east of Cook Street which
serves WRP-7 is currently at capacity. As such, the
Project would potentially result in significant
impacts on CVWD’s existing sewer system.
Development of the Project will incorporate a
conceptual storm water drainage plan . The
Project is designed to pro vide 15 retention basins
within the Active Adult Community and up to 11
retention basins within the Tribal Planning Areas
for a total of 26 retention basins. Retention basis
will be a maximum of 5 -feet deep with maximum
slopes of 5 to 1 unless contro
l methods are
incorporated. Project Design Features 5.12.2- 4
through PDF 5.12.2- 7 identify water facilities
which would connect to the water retention
basins as well as reduce the flow of on -site storm
water into the retention basins.
The Active Adult Com munity would have the
Less than
Significant
with Project
Design
Features
No mitigation measures are necessary. Less than
Significant
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Project Impacts
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Impact with
Mitigation
capacity to retain 40.98 acre -feet of stormwater
runoff and the Tribal Planning Areas would have
the capacity retain 51.18 acre -feet of stormwater
runoff, for a total capacity of 92.16 acre -feet. The
conceptual plan would accept 100 p ercent of the
100 year flood event generated on -site to
maintain existing on -site runoff volumes.
Accordingly, the Project would maintain existing
storm water runoff rates into the existing storm
drain system.
Solid Waste
The Project would contribute 27.1 tons of solid
waste per day, or 1.4 percent of remaining daily
capacity, to the Edom Hills Transfer Station,
which averages 1,500 tons per day of solid waste.
The 27.1 tons of solid waste would then transfer
to the El Sobrante Landfill, which has a permitted
daily capacity of 5,000 tons. The El Sobrante
Landfill has an average intake of 2,201 tons per
day and an estimated closure date of 204 5. The
Project would contribute approximately 1
percent of the remaining daily intake permitted
at El Sobrante Landfill. Since there is adequate
daily intake capacity at existing landfill, impacts
would be less than significant.
Less than
Significant
No mitigation measures are necessary. Less than
Significant
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2.0 Summary
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Project Impacts
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without
Mitigation Mitigation Measures
Impact with
Mitigation
To ensure that the Project is consistent with State
and local regulations, Mitigation Measures
MM5.15.3-1 through MM 5.15.3-6 would require
that each individual development proponent
implement a waste diversion program in an effort
to reduce solid waste impacts on existing landfill
capacities, similar to the State’s waste diversion
goal of 75 percent as identified by State law ( SB
1016 and AB 939). The Project would be required
to divert up to 75 percent of its operational solid
waste by 2020.
Potentially
Significant
MM 5.15.3-1 Prior to implementing individual project approval, a Waste Recycling Plan (WRP) shall be submitted a nd
approved by the appropriate Planning Department and
provided to the appropriate Department of Building
and Safety prior to the issuance of building permits. At a minimum the WRP shall identify the materials (e.g.,
concrete, asphalt, wood, etc.) that wou ld be generated by construction and development, the project
amounts, measures/methods that would be
implemented to recycle, reuse, and/or reduce the
amount of materials, the facilities and haulers that
would be utilized, and the targeted recycling or
reduction rates to be achieved.
MM 5.15.3-2 Each individual project proponent shall recycle, reuse, and/or reduce, to the maximum extent feasible, the
amount of construction and demolition materials (i.e.,
concrete, asphalt, wood, etc.) generated by
development of the Project that would otherwise be
taken to a landfill. This diversion of waste must exceed a 50 percent reduction by weight. The Project shall
complete a Construction and Demolition Waste form as
evidence to ensure compliance. The reporting form
mus
t be approved by the appropriate Planning
Department and submitted to the Department of
Building and Safety prior to the issuance of certificate of occupancy/final inspection.
MM 5.15.3-3 All commercial and residential refuse generated from the Project sha
ll be delivered to regional transfer
stations; any residual waste that these transfer stations could not accept shall be disposed of at the Lamb
Canyon Landfill or El Sobrante Landfill or other
locations as determined by the Riverside County Waste
Management Department.
MM 5.15.3-4 The Homeowners Association established for the Less than
Significant
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Project Impacts
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Impact with
Mitigation
proposed development shall establish green waste
recycling through its yard maintenance or waste
hauling contracts. Green waste recycling includes such
things as grass recycling (where lawn clippings from a
mulching-type mower are left on the lawn) and on - or
off-site composting. This measure shall be
implemented to reduce green waste going to landfills.
If such services are not available through the yard
maintenance or waste haulers in the area, the HOA
shall provide individual homeowners with information
about ways to recycle green waste individually and
collectively. Homeowners shall be notified of such in
the CC&Rs.
MM 5.15.3-5 Prior to issuance of building permits for any multi -unit residential or commercial facilities, the project
proponent shall obtain clearance from the applicable
Waste Management Department to verify compliance
with local jurisdiction requirements, including providing adequate areas for collecting and loading recyclable
materials.
MM 5.15.3-6 Prior to implementing project approval, individual project proponents shall submit for review and
approval to the appropriate Planning Department
landscape plans that provide for the use of xeriscape
landscaping and the use of drought tolerant low
maintenance vegetation in all landscaped areas of the
Project.
12-310
3.0 PROJECT DESCRIPTION
This Section identifies the location, objectives, and characteristics of the Project, and the intended uses of this EIS, as required by the Agua Caliente Tribal Environmental Policy Act (TEPA). In addition, although not required, the Agua Caliente Band of Cahuilla Indians ( “Tribe”) has decided to prepare the EIS in compliance with the provisions of the California Environmental Quality Act (CEQA) Guidelines .1 This Section provides a general description of the Project’s technical, economic, and environmental characteristics. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIR.
A. PROJECT LOCATION
1. Regional Setting
The Section 24 Specific Plan area is surrounded by the City of Rancho Mirage which is considered to be in the heart of the Coachella Valley in Riverside County, nestled at the base of the Santa Rosa Mountains and conveniently located to utilize the southern California freeway system via Interstate 10 (I-10), as shown in Figure 3.0- 1, Regional Location Map. The majority of future development in this area of the Coachella Valley is expected to occur near the I-10 corridor.
2. Community Setting
The Project consists of the development of a Specific Plan for a portion of Section 24, an approximately 577-acre area of the Agua Caliente Indian Reservation (“Reservation”) located within unincorporated Riverside County (“Project Site”) , which is surrounded on all four of its sides by the City of Rancho Mirage (“City”) as illustrated on Figure 3.0 -2, Project Location Map. The Project Site is bounded by the following roadways: (1) Ramon Road on the north; (2) Bob Hope Drive on the east; (3) Dinah Shore Drive on the south; and (4 ) Los Alamos Road on the west. The Section 19 Specific Plan is located directly east across Bob Hope Drive from the Project Site and directly southeast of the Agua Caliente Casino/Resort/Spa.
B. PROJECT OBJECTIVES
The CEQA Guidelines require an EIR, or f or this Project the EIS, to include a statement of the objectives of the Project that address the underlying purpose. The Tribe is proposing to adopt a Specific Plan for 1 California Code of Regulations, Title 14, Section 15000 et seq.
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the Project Site in order to promote its orderly development and to support any future annexations of the Project Site into the City of Rancho Mirage. More specifically, the objectives of the Project are to:
• Establish a vibrant, unified vision for the Project Site based upon a cohesive, complementary mix of land uses structured around a com prehensive set of circulation and infrastructure systems , and sensitivity to environmental sustainability issues.
• Promote the highest and best use of Reservation lands in order to maximize the economic development opportunities for the Tribe and its member s, including Tribal land immediately adjacent to the existing Agua Caliente Casino Resort Spa. • Plan for an appropriate mix of commercial, hotel, entertainment, office , and residential uses, in order to meet the trade area’s growing demand and build in the flexibility to respond to changes in the market over time.
• Create a new mixed -use project that compliments the Tribe’s existing Agua Caliente Casino Resort Spa located across Bob Hope Drive to create a regional destination development. • Apply planning and design solutions to create a unique and pleasant “sense of place” at multiple scales.
• Provide a range of contemporary housing concepts, including an “active adult” development, which will encourage residential opportunities that appeal to residents seeking shorter commutes to jobs, restaurants, and a broad selection of entertainment opportunities. • Implement a “Complete Streets” circulation concept that optimizes both vehicular and pedestrian/bicycle modes of traffic, internalizes pedestrian activity to buffer it from the vehicular traffic along perimeter roadways, and establishes connectivity between land use activities featuring pedestrian-friendly and walkable spaces.
• Create a community with a focus on water conservation through design that supports groundwater recharge, minimizes stormwater runoff, and incorporates drought -tolerant/low water landscaping that acknowledges the desert environment.
• Provide infrastructure that incorporates “readiness” for sustainable technologies, such as solar power generation and plug-in electrical vehicle charging connections/stations.
C. PROJECT CHARACTERISTICS
The Project consists of a specific plan for approximately 577 acre s of the Agua Caliente Indian Reservation, located within the City of Rancho Mirage Sphere of Influence designated as Section 24 , Township 4 South, Range 5, East of the San Bernardino Meridian. The Section 24 Specific Plan would be Meridian Consultants 3.0-2 Section 24 Specific Plan Project 044-001-13 November 2014
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approved and adopted by the Tribal C ouncil and serve as the zoning for the Project Site. The City would subsequently adopt the Specific Plan and approve any request(s) for annexation into the City. The Specific Plan would establish the necessary plans, development standards, regulations, infrastructure requirements, design guidelines, and implementation programs on which subsequent project -related development activities would be founded.
It is intended that local public works projects, design review plans, detailed site plans, grading and building permits, or any other action requiring ministerial or discretionary approval applicable to the Project Site would be consistent with the Specific Plan. The Project would provide a potential mix of up to 3,138,600 square feet of commercial, retail, office, restaurant, hotel and entertainment uses, and up to 2,406 residential units. The Project is designed to accommodate these uses through the creation of seven land use categories and eight Planning Areas that cover approximately 529 acres , as shown in Figure 3.0-3, Conceptual Land Use Plan. These Planning Areas, in addition to approximately 48 acres for public street rights -of-way, would total approximately 577 acres for the Project Site. The land use categories and P lanning Areas would allow for a greater variety and flexibility of land uses and development standards, as shown in Table 3.0-1, Land Use Plan Summary.
1. Land Use Categories
Mixed-Use Core
The Mixed -Use Core (MXD CORE) land use category would provide the most intense and compact component of the Project Site, supporting the potential vertical integration of housing with ground floor retail commercial uses and services. Located within an approximately 25 -acre area of the P roject Site, the mix of uses is intended to produce a unique and w alkable shopping, working, and living experience.
The Mixed-Use Core category permits the widest range of uses, including community retail, restaurants, lifestyle mixed -use center, professional office, single -family residential, and attached multifamily residential with a possible maximum Floor Area Ratio (FAR) of 1.0. Although this category would allow for various land uses, it does not require a specified mix of uses.
Resort Flex
The Resort Flex (RESORT) land use category would permit uses such as retail, restaurants, resort hotels, and regional entertainment to create a lively and comfortable atmosphere for business and leisure travelers. The Resort Flex category accounts for approximately 81 acres of the Project Site with a maximum FAR of 0.40.
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Table 3.0-1
Land Use Plan Summary
Planning
Area
Land Use
Category
Typical Permitted Uses
Community
Retail Restaurants Office /Service
Resort
Hotel
Multi-
Family
Residential
Single
Family
Residential
Mixed-
Use
Net
Land
Area
(Acres)
Non-
Residential
Square
Footage
Dwelling
Units
1A RESORT X X X 25 435,600 -
1B MFR X X 10 - 180
2A MXD CORE X X X X X X X 25 1,090,000 -
2B MFR X X 11 - 180
3 RETAIL X X X 27 396,000 -
4 RESORT X X X 37 505,000 -
5 MFR X X 18 - 486
6A RESORT X X X 19 331,000 -
6B MFR X X 9 - 180
7A RETAIL X X X 25 381,000 -
7B MFR X X 10 - 180
8 SFR X 313 - 1,200
Right-of-
Way 48 - -
Total 577 3,138,600 2,406
Abbreviations: RESORT = Resort Flex; MFR = Multi-Family Residential; MXD CORE = Mixed Use Core; RETAIL = Retail; SFR = Single Family Residential.
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Retail
The Retail (RETAIL) land use category would provide the Project’s primary shopping destination and would offer a range of commercial, office /service, entertainment, and eating establishments on approximately 52 acres. These uses would be located at the northeast and southeast corners of the Project Site and would be exposed to the high volumes of traffic along Ramon Road, Bob Hope Drive and Dinah Shore Drive. A maximum FAR of 0.35 is specified for these areas.
Multi-Family Residential
The Multi -Family Residential (MFR) land use category would provide a more urbanized style of residential living on approximately 58 acres adjacent to the Mixed-Use Core, Retail, and Resort Flex land use areas. Permitted uses would include single- and multi-family residential developments. Buildings of two stories in height could contain dwelling un its at densities up to a maximum of 18 units per acre.
These residential uses would serve as a transition between the higher intensity commercial areas and the low-density single-family residential area, which is planned as an Active Adult Community.
Single Family Residential
The Single Family Residential (SFR) land use category would accommodate an approximately 313 -acre Active Adult Community up to 1,200 single -family dwelling units at an overall density of 3. 8 units per acre. Building heights would be primarily one story , with some potential for two -story units within the interior of the Active Adult C ommunity. Approximately 85 acres, or 27 percent, of the Active Adult Community would be devoted to Private Open Space, consisting of a system of p edestrian, bicycle, and golf cart trail linkages, neighborhood parks, water features, and community club house/pool/spa and associated amenities.
2. Planning Areas
A total of eight Planning Areas delineate and describe the amount, type, and distribution o f development throughout the Project Site. The Planning Areas have also been constructed to recognize the current ownership patterns , thus enabling the P roject to be constructed in an incremental fashion while still achieving a unified development. Each Planning Area is subject to a distinct list of allowed uses and development standards. Planning Areas 1 to 7 (“Tribal Planning Areas”) and Planning Area 8 (“the Active Adult Community”) are proposed within the Project Site. The following is a brief description of the conceptual uses and overall purpose proposed for each planning area.
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Planning Area 1
This approximately 35-acre Planning Area would be located at the northwest corner of the Project Sit e at the Ramon Road and Los Alamos Road intersection and consist of two subareas: Planning Area 1A and Planning Area 1B. Planning Area 1A would be approximately 25 acres in size and allow up to a maximum of 435,600 square feet of retail, restaurant and office /services and hotel uses, or any combination thereof, in a planned Resort Flex development along Ramon Road. Planning Area 1B would be located south of Planning Area 1A , approximately 10 acres in size, and would allow up to a maximum of 180 residential dwelling units accessible from Los Alamos Road and a planned local street.
Planning Area 1 would serve as a mixed land use transition between the lower density residential and private golf course development of Westin Mission Hills located west of Los A lamos Road, the proposed Active Adult Community located to the south in Planning Area 8, and the higher density Mixed Use Core in Planning Area 2 to the east.
Planning Area 2
This approximately 36-acre Planning Area would be located along the south side o f Ramon Road, would be readily accessible from two signalized intersections and a right -in/right-out turning lane at its mid- point on Ramon Road, and would consist of two sub areas: Planning Area 2A and Planning Area 2B.
Planning Area 2A would be approximately 25 acre s in size and would allow up to a maximum of 1,090,000 square feet of mixed retail, restaurant, office, business campus and hos pitality-oriented indoor amusement/entertainment uses. Flexibility is also provided for possible hotel, multi- and single- family attached residential uses within this area. The maximum allowed FAR would be 1.0 in this Planning Area and would be the most intensely developed area within the Project Site. Planning Area 2B would be approximately 11 acres in size south of Planning Area 2A, and would allow up to a maximum of 180 residential dwelling units.
Planning Area 3
This approximately 27-acre Planning Area would be located at the northeast corner of the Project Site , would be a gateway planning area accessible from three signalized intersections on Ramon Road and Bob Hope Drive , and would provide right-in/right-out tu rning lanes. The Bob Hope Drive and Ramon Road intersection, located at the northeast corner of this Planning Area, would be integrated with the new Bob Hope Drive/Interstate 10 Interchange and would provide a unique level of regional accessibility and visibility to the Project Site. The Agua C aliente Casino/Resort/Spa is located directly west of Bob Hope Drive and represents a regionally significant resort and entertainment attraction. Planning Area 3 would allow up to a maximum of 396,000 square feet of commercial retail, restaurant and entertainment uses around a planned “Main Street” village center, with an overall FAR of 0.35.
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Planning Area 4
This approximately 37-acre Planning Area would be located immediately south of Planning Area 3 along the west frontage of Bob Hope Drive , and represents a Resort Flex land use opportunity for commercial retail, restaurant, and hospitality -oriented indoor amusement /entertainment uses which would complement and expand upon the planned Main Street village center development to the north and the Resort Flex Planning Areas east of Bob Hope Drive in Section 19. Two signalized intersections on Bob Hope Drive would provide access to this Planning Area along with a mid -point right-in/right-out turning lane. It is anticipated that up to a maximum of 505,000 square feet of mixed -use commercial development would be developed within this planning area.
Planning Area 5
This approximately 18 -acre Planning Area would allow u p to a maximum of 486 residential dwelling units. This area would be located directly west of Planning Area 4 and would provide a land use-to-land use transition buffer from the more intense commercial uses in Planning Area 4 to the east and the lower density Active Adult Community in Planning Area 8 to the west. Access to this Planning Area would be provided by a landscaped boulevard identified as Street A.
Planning Area 6
This approximately 28-acre Planning Area would be located immediately south of Planning Areas 4 and 5 along the west frontage of Bob Hope Drive and would consist of two subareas: Planning Area 6A and Planning Area 6B. Planning Area 6A would consist of an approximate ly 19-acre Resort Flex land use for commercial retail, restaurant, and hospitality -oriented indoor amusement /entertainment uses. Two signalized intersections on Bob Hope Drive would provide access to this sub -planning area along with a mid-point right-in/right-out turning lane. This Planning Area would allow up to a maximum of 331,000 square feet of mixed -use commercial development at a maximum FAR of 0.40. Planning Area 6B would be approximately 9 acres located west of Planning Area 6A and would allow up to a maximum of 180 residential dwelling units.
Planning Area 7
This Planning Area would be located at the southeast corner of the Project Site , northwest of the Bob Hope Drive and Dinah Shore Drive intersection , and would contain two subareas: Planning Area 7A and Planning Area 7B. Planning Area 7A would be an approximately 25 acre Retail site with the opportunity to develop a neighborhood- scale retail, restaurant and office /services center to complement the existing Desert Ridge Plaza located on the southeast corner of this intersection. Further, this Planning Area would provide convenient shopping opportunities and services for the residents of the existing Meridian Consultants 3.0-10 Section 24 Specific Plan Project 044-001-13 November 2014
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Mission Hills community located to the south and west; the existing Key Largo Estates neighborhood located to the southeast; and the new Active Adult Community to the west. This Planning Area would allow up to a maximum of 381,000 square feet of mixed- use commercial development at an overall FAR of 0.35. Planning Area 7B would be approximately 10 acres in size west o f Planning Area 7A and would allow up to a maximum of 180 residential dwelling units.
Planning Area 8
This Planning Area would be approximately 313 acres for the d evelopment of a master planned Active Adult Community of up to a maximum of 1,200 single -family dwelling units. The gated Active Adult Community would be master planned consisting of four neighborhoods accessed by a system of private streets and recreational open space amenities located in neighborhood parks and trail linkages. Resident amenities would include an integrated system of pedestrian, bicycle and golf cart trail linkages, neighborhood parks, water features, community club house/pool/spa, and complementary features.
Single-family attached residential units would also be allowed within the Single Family Attached Residential Overlay Area, as illustrated on Figure 3.0-4 , Single Family Attached Residential Overlay Area. These areas would be located along the perimeter between the Active Adult Community and the Tribal Planning Areas, as well as adjacent to the north of the clubhouse area in the center of the p
lanning area.
3. Open Space and Parks
The Project supports development that is more compact and urban than the low scale, resort -oriented patterns currently found in the surrounding communities. The clustering of buildings in the Project Site would provide smaller, more intimate plazas and streetscapes, while providing opportunities for larger parkland settings for residents and visitors. Figure 3.0 -5, Conceptual Open Space Plan illustrates the different types of open space and parks within the Project Site. The Conceptual Open Space only identifies the location of a portion of the open space to be provided in order to allow each Planning Area to design and accommodate open space areas in a manner that works with individual projects. Each project and Planning Area would be required to connect to adjacent open spaces through the use of greenbelts or landscaped pedestrian walkways. The exact number, precise location, conf iguration, type, and amount of amenities and facilities, and size of the parks and open space areas would be established at the time of development of the tentative tract map(s) of the Project.
The amount of parkland required by the Specific Plan within t he Project Site would total approximately 13 acres. The Active Adult Community would comprise a total of 6.5 acres of parkland and the Tribal Planning Areas would comprise a total of 6.5 acres of parkland primarily within the residential land use Meridian Consultants 3.0-11 Se ction 24 Specific Plan Project 044-001-13 November 2014
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Single Family Attached Residential Overlay Area
FIGURE 3.0-4
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areas. The provision of parkland on -site is preferred and developments may satisfy parkland requirements by consolidating parkland into one or more locations. Payment of in -lieu fees or dedication of land is also permitted.
Residential and Resort Open Space
In addition to parks, the Project Site would consist of a combination of common and private open and recreation spaces. Examples of recreational amenities would include pools, clubhouses, plazas, courtyards, lawn areas, and jogging paths. Many of the open spaces in residential locations may be private to ensure secure, unfettered access for residents. Resort projects such as hotels would incorporate many of the same features as residential projects, although they may be combined with or placed alongside ancillary commercial uses such as day spas. Residential and resort developments would also be encouraged to provide spaces that are accessible to the general public, such as paths or greenbelts that connect to open spaces in adjacent Planning Areas.
Commercial and Mixed-Use Open Space
Public open spaces within commercial uses would include, but not be limited to, walkways, multipurpose paths, enhanced streetscapes, and plazas to provide gathering spaces for people shopping, eating, or just enjoying the atmosphere. Smaller, more urban open spaces would include landscaping dominated by potted plants and ornamental trees, combined with intricate hardscape elements.
4. Conceptual Landscape Plan
The Conceptual Landscape Plan provides guidelines for the treatment of areas within the Project Site, including the surrounding streets, parkways, development edges, project entries, and open space areas.
The landscaping theme would be influenced by the climate of the Coachella Valley, where native and drought-resistant plants are emphasized.
The Conceptual Landscape Plan distinguishes a hierarchy of roadways and identifying key intersections surrounding the Specific Plan area, as shown in Figure 3.0-6 , Conceptual Landscape Corridor Plan.
Accordingly, each landscape treatment would incorporate a distinct theme tree to further define the different areas and roadways within the Project Site. Rock gardens and water features may also be used to enhance the landscape elements; however, water features shall be limited to key landscape areas for the purpose of water conservation. In addition to providing landscape guidelines for roadways and intersections, the Landscape Plan provides direction for landscaping within public and private open spaces.
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5. Circulation Plan
Vehicular Circulation
The ability to easily access and travel within the Project Site by multiple modes of transportation is an important element of the Project. The vehicular circulation system for the Project would include both regional and local roadways. This system of roadways would generally form a modified grid pattern to maximize access to each Planning Area and enhance walkability. The modified grid system would also allow for the overall Project to be developed in a phased approach without disrupting continuity or access for existing or developing projects. Within the Active Adult Community, the internal private street system would provide connectivity to the grid of adjacent public arterial and collector roadways.
The Project circulation system would contain a hierarchy of access points and roadways to dictate the function and character of each intersection and roadway, as shown in Figure 3.0 -7, Conceptual Circulation Plan. Access points in the Project area would be described as Primary Access or Right In/Out Access points. As shown on Figure 3.0-7 , public roadways would be classified as Major Arterial, Minor Arterial, Major Collector, and Local Roadway. All public roadways in the Specific Plan area would be maintained by the owning jurisdiction (e.g. City, County, or Tribe). All private roads would be owned and maintained by the Master Homeowners Association, Neighborhood Association, and/or similar entities.
Pedestrian and Alternative Vehicle Circulation Plan
As shown in Figure 3.0-8 , Conceptual Pedestrian and Alternative Vehicle Circulation Plan, the Project would develop a comprehensive system of pedestrian, Neighborhood Electric Vehicle (NEV), golf cart, and bicycle travel throughout the Project Site and into the surrounding community.
Pedestrian
Pedestrian circulation would be provided by 5 - to 8-foot-wide sidewalks along internal and perimeter roadways, as shown on Figure 3.0-8 . Pedes trian circulation within each Planning Area would not be determined until site plans are developed by each property owner as the Project builds out. All development, however, would be designed to facilitate pedestrian access to surrounding Planning Areas.
Alternative Vehicle Circulation
Within the Project Site, Class I bikeways and golf cart paths (8 feet wide) are provided along Bob Hope Drive, Ramon Road, Dinah Shore Drive and Los Alamos Road as off- street pathways that allow bicyclists, golf carts, and pedestrians to travel along the same route. These routes, also shown on Figure 3.0-8, will
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Conceptual Landscape Corridor Plan
FIGURE 3.0-6
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connect to the existing golf cart circulation system, which provides paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos.
Class II bikeways provide a striped, on -street lane (5 feet wide) for o ne-way bicycle travel on Bob Hope Drive, Ramon Road, Dinah Shore Drive, and “A” Street Boulevard. A striped, on -street 6-foot wide lane for one-way bicycle travel would be provided along Los Alamos Road . The Class II facilities extend from the Class I pathways to provide dedicated access to the Project’s residential and mixed-use interior. Golf carts are expected to gain access to the majority of the site’s uses by traveling along Class I facilities and through parking lots and smaller access roads within Planning Areas. Additional internal access may be provided to golf carts on streets with designated speed limits no higher than 25 miles per hour.
This Specific Plan also envisions that the residents of Section 24 may purchase NEVs to make short trips to run errands, visit recreation facilities, or meet with friends. NEVs are public street -approved vehicles that have no emissions and can travel at a maximum speed of 25 mph. In contrast with golf carts, NEVs are able to travel on city streets with posted speed limits of 35 mph or less, and can cross intersections of roadways with higher posted speed limits (per California Vehicle Code Section 385.5). Commuter information boards should be placed at appropriate locations in each Planning Area identifying paths, routes, and schedules for alternative vehicles and public transit within the Project Site and throughout surrounding community. Figure 3.0-8 indicates potential NEV routes within the Section 24 area.
Public Transportation
SunLine Transit Authority (SunLine) is the provider of public transit service within the Coachella Valley.
The Project Site is served by Route 32 of the SunLine fleet, which travels between the Cities of Rancho Mirage, Thousand Palms, and Cathedral City via Bob Hope Drive, Dinah Shore Drive, Monterey Avenue, and Ramon Road, as shown on Figure 3.0 -9, Existing and Conceptual Public Transportation System Plan. The buses are equipped with wheelchair lifts and bike racks, facilitating mass -transit travel for a wide variety of riders.
As development matures within the Project Site, sufficient demand may be generated to support additional bus lines or a change in routes to stop at two or three additional locations within the Mixed - Use Core or other Tribal Planning Areas along Bob Hope Drive and Ramon Road. Potential SunLine routes with conceptual stop locations are also shown on Figure 3.0 -9. The potential routes and stops shown could represent deviations from the existing route, an additional route option along an existing route during peak service times, or a completely new route. The ultimate route alignment and stop location would be determined by the SunLine as development of this area proceeds and needs and resources can be assessed. All existing and future S unLine bus stops shall be located and equipped per SunLine standards.
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The potential for a future multimodal Transit Center in Section 13 could provide a significant long -term opportunity for residents and commuters within the Coachella Valley. Close coordination would be required with the SunLine and adjacent property owners to identify appropriate short - and long-term uses of the Transit Center property. Such uses could include: SunLine Regional Bus Station; SunLine Neighborhood Circulator Station; temporary or permanent commuter parking solar energy generation, or a combination of all of these.
6. Infrastructure and Utility Improvements
Infrastructure improvements would be installed to support the Project development including water, sanitary sewer, drainage and flood retention systems, and utility improvements. A brief summary of these improvements follows.
Potable Water
The Coachella Valley Water District (CVWD) would provide water service for the Project Site. As shown on Figure 3.0-10, Conceptual Potable Water Plan, the potable water including domestic use, landscape irrigation, and fire protection would be provided by a combination of the Mission Hills Pressure Zone, the Sky Mountain Pressure Zone, and up to seven pumping plants and well sites on-site. A new reservoir site located on the north side of the I-10 freeway would be constructed by CVWD.
A proposed 36 -inch transmission main would transport the water to and from the new reservoir to supply the water lines within and surrounding the Projec t. The on -site potable water lines would be a combination of 18-inch, 12-inch and 8-inch lines. The 18-inch lines would be needed to supply the land uses that require the highest fire flow. It is anticipated that there would be eight points of connection to supply the eight Planning Areas from the water lines in the public roadways. A minimum of two points of connections would be needed for each Planning Area either from the perimeter water lines or internal water lines. The water loop concept would increase the flow to each building. A total of seven well sites are proposed within the Project Site; four within the Active Adult Community and three within the Tribal Planning Areas.
A water system analysis would be prepared during the final construction docum ents to ensure that the required fire flow is provided at each fire hydrant and each fire sprinkler system. Every building would be required to provide an approved fire sprinkler system and a ll system design s would follow the guidelines identified in the CVWD Design Manual.
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FIGURE 3.0-10
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Sanitary Sewer
The CVWD would provide service for the Project Site. The proposed contour grading concept has been designed to allow for all sewer flows to exit the Project Site by gravity. Those flows terminate at the Wastewater Reclamation Plant (WARP) No. 7 in the City of Indio. The on -site sewer pipe would be 8 - inche and 12 -inch diameter polyvinyl chloride ( PVC) pipe. The system would be divided into two areas, one draining to the west and the other to the north. Figure 3.0-11, Conceptual Sewer Plan identifies the lines, directions and points of connection.
The on-site sewer pipelines exit the Project Site to the north and would connect to an existing 15 -inch sewer line on Ramon Road . T he existing line crosses under the I -10 and the Union Pacific Railroad (UPRR) heading north and then east on Varner Road. A sewer system hydraulic model was prepared by CVWD for this Project Site and determined that a line upgrade would be necessary furthe r east on Varner Road, as shown on Figure 3.0-11. There would be six points of connection to the surrounding existing sewer lines to the west and north. Any sewer design system to be implemented would follow guidelines identified in the CVWD Design Development Manual.
Drainage
As shown in Figure 3.0 -12, Conceptual Drainage Plan, up to 11 retention basins would be developed in the Tribal Planning Areas and up to 15 retention basins would be needed in the Active Adult Community.
Precipitation, nuisance water, or storm -drain flows that fall onto streets south of the center of the Active Adult Community would flow to the low points on the southern end, while flows north of the center of the Active Adult Community would flow to the low points on the northern end of the Planning Area. Flows within the Tribal Planning Areas would flow to the north ern ends of and eastern ends of each planning area.
A preliminary Synthetic Unit Hydrograph was used to determine the reten tion volume needed to accept 100 percent of the stormwater runoff of the 100 year flood level event. The 1-hour event would produce
1.35 inches of rain and is considered the 100 year flood level event . The Tribal Planning Areas would produce 51.18 acre -feet of stormwater run -off that would need to be retained. The Active Adult Community would produce 40.98 acre-feet of stormwater run-off that would be needed to be retained.
The overall Project Site would produce 92.16 acre -feet of stormwater runoff that would need to be retained.
The retention basins would be a maximum of 5 -feet deep with maximum slopes of 5 to 1 unless erosion control methods are implemented. The top of the basin’s elevation would have one foot of freeboard and would be one floor below the lowest building pad.
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Dry Utilities
Electric
Southern California Edison (SCE) is the local purveyor of electricity. The Project Site has power on all four sides and represents a final piece of infill for the territory. SCE’s territory ends at the centerline of Bob Hope extended to Rio Del Sol. SCE’s territory does extend to the north, south and west. The site can be serviced from multiple points of connection; however, the most likely point for the commercial aspect is the intersection of Bob Hope Drive and Ramon Road, and the most likely for the Active Adult Community is from Dinah Shore Drive.
Gas
The local purveyor is the Southern California Gas Company. The Gas Company has 6-inch mains in Dinah Shore and Bob Hope Drives with a 4-inch main in Los Alamos Road. A loop system would most likely be designed for both the residential and the commercial with two tie-ins per system.
Telephone
The local provider for telephone is Verizon. Verizon has telephone facilities surrounding the entire Project Site. Tie-ins would be made at the existing pull boxes or manholes surrounding the site.
Cable Vision
Time Warner Cable provides local service of cable television service. Time Warner has facilities along Los Alamos and Ramon Roads and Dinah Shore Drive. The point of connection would be at an available pull box or amplifier along those streets.
7. Design Standards
Building Standards
Active Adult Community
The Active Adult Community Planning Area would have a maximum of 3.8 dwelling units per acre with lot coverage up to 35 percent. The minimum residential dwelling unit size would be 1,100 square feet.
The maximum building heights for residential units within this planning area would be 20 feet in height and 28 feet in height in the Single Family Attached Residential Overlay Area. Height is determined from the average finish grade around the building to the highest top of parapet or fascia for flat roof buildings or to the highest ridgeline for sloped roof structures, excluding chimneys and similar architectural projections. The maximum height that would be allowed for the clubhouse and other non -residential Meridian Consultants 3.0-24 Section 24 Specific Plan Project 044-001-13 November 2014
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EX. 15" SEWER
POC 4
POC 3
POC 5
PA 8
EX 15"
SEWER
PULTE
TRIBAL
LEGEND
PROPOSED SEWER - TO LOS ALAMOS
PROPOSED SEWER - TO RAMON
EXISTING SEWER
FIGURE 3.0-11
SOURCE: MSA Consulting Inc. - September 2014.
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Conceptual Sewer Plan
APPROXIMATE SCALE IN FEET
8004000 1600
SECTION 24 SPECIFIC PLAN
N
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Conceptual Drainage Plan
FIGURE 3.0-12
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SOURCE: MSA Consulting Inc. - September 2014.
N
APPROXIMATE SCALE IN FEET
8004000 1600
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3.0 Project Description
structures within this Planning Area is 58 feet. The maximum height allowed for tower elements would be 72 feet. Figure 3.0 -13, Illustrative Ultimate Grading Site Section , illustrates the topographical elevation difference between the Active Adult Community and the Tribal Planning Areas.
Tribal Planning Areas
The Tribal Planning Areas would vary in maximum FAR and lot coverage. The maximum FAR for retail uses would be 0.35 with maximum lot coverage of 35 percent. The maximum FAR allowed for resort flex uses would be 0.40 with maximum lot coverage of 40 percent. The maximum FAR allowed for mixed-use core uses would be 1.0, with maximum lot coverage of 50 percent, and minimum unit size of 600 square feet. The planning areas that would allow multi- family residential units would allow a maximum density of 18 dwelling units per acre, maximum lot coverage of 50 percent, and maximum unit size of 850 square feet.
Building Design and Materials (Sustainable Features)
Due to the location of the Project Site within the hot, dry climate of the Coachella Valley , the Project would utilize drought-tolerant landscaping and increased energy requirements to cool buildings.
Additionally, blowsand in the area would have the potential to scar buildings and vehicles. The following standards and guidelines would help to ensure that development created through the implementation of the Project would be designed to take advantage of opportunities and protect against the dangers of the desert environment.
Site Design and Infrastructure
1. Shading devices and techniques, such as roof overhangs, canopies, market umbrellas, arcades, and trees, would be incorporated into buildings, parking courts and outdoor spaces to minimize unnecessary solar heat gain. Particular emphasis would be placed on shading devices when east - west orientation is appropriate. Solar panels would be strongly considered as appropriate shadi ng devices when properly mounted on overhead building overhangs and trellises.
2. Buildings would be sited and designed to maximize the use of sunlight and shade for energy savings and respect the right to solar access of nearby and adjacent buildings. Whenev er appropriate, buildings would be oriented so that the long axis of the building is oriented east– west to maximize the opportunity for north- and south facing windows, which receive indirect, diffused light with low heat gain for the building, reducing cooling costs during summer months.
Outdoor spaces such as plazas would be similarly oriented.
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3. Misting systems and other similar micro -climate cooling techniques would be used along canopies and fascia soffits in common areas such as outdoor dining patios and pedestrian walkways in order to provide necessary relief from the desert heat during daytime periods of low ambient air humidity.
4. Consideration of the use of evaporative cooling systems, which incorporate “cool towers” as integral architectural/mechanical system components, to minimize environmental and cost impacts of conventional air conditioning systems for buildings.
5. The use of recycled -content aggregate (reused and crushed concrete and asphalt) would be encouraged in areas such as, but not limited t o, drainage backfill and under driveways, sidewalks, and building slabs.
6. The use of grass bioswales, particularly with native or drought -tolerant grasses, would be implemented and encouraged to collect and filter water runoff.
7. Developments would optimize l andscaped stormwater retention/infiltration basins and linear bioswales in surface or subsurface storage areas for nonpotable uses such as irrigation and sewage conveyance.
8. Developments would include a recycling program for residential and commercial uses to recycle paper, glass, plastic, and other by-products of business or residential activities.
9. Projects within the Project Site would be encouraged to exceed Coachella Valley Water District water efficiency goals.
10. The pursuit of already established sustainable best management practices, such as Leadership in Energy and Environmental Design (LEED) certification, ComfortWise and EnergyStar Home is strongly encouraged throughout the Project Site . For maximum flexibility, however, developers and builders may implement sustainable building and development practices most appropriate to the specific context within the Coachella Valley.
11. Builders are also encouraged to participate in programs offered or sponsored by local utilities such as California EnergyStar New Homes Program, Residential Property Development Program, California Home Energy Efficiency Rating System (CHEERS) Program, and Savings by Design Program.
12. Buildings would be designed to facilitate and accommodate photovoltaic cells for solar power in accordance with Tribal Land Use Ordinance requirements. Solar- heated water is another efficient way to reduce energy needed for household activities.
13. Architectural features that increase daylighting, such as light shelves that bounce light further into interior spaces, would be installed where feasible to reduce the need for additional electrical light.
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FIGURE 3.0-13
SOURCE: MSA Consulting Inc. - September 2014.
044-001-13
Illustrative Ultimate Grading Site Section
APPROXIMATE SCALE IN FEET
20100 40
SECTION 24 SPECIFIC PLAN
N
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3.0 Project Description
14. Developments would minimize light pollution by avoiding outdoor lighting where unnecessary, emphasizing shielded fixtures and avoiding overhead lighting of areas such as walkways. Low scale, accent, and back lighting would be used to highlight key entry points, signage, enhanced intersections, and feature landscaping. The use of LED (light -emitting diode) lighting or OLED (organic light-emitting diode) lighting is encouraged, so long as blue or cool-white LEDs are shielded properly to prevent light pollution.
15. Builders would be encouraged to use flooring and insulation products that are low-emitting in terms of volatile organic compounds (VOCs) and formaldehyde. Low - and zero -VOC paints, finishes, adhesives, caulks, and other substances are also recommended to improve indoor a ir quality and reduce the harmful health effects of off-gassing.
16. The use of light -colored roofing materials to reflect heat and reduce cooling requirements of buildings, particularly Energy Star-labeled roofing materials, would be encouraged.
17. Energy Star-labeled appliances (e.g., water heaters —particularly tankless) would be installed to the greatest feasible extent. Solar, electric (efficiency rating of at least 0.92), or lower nitrogen oxide (as defined by the South Coast Air Quality Management District) gas -fired water heaters are strongly encouraged.
18. Buildings would not be constructed primarily of materials that perform poorly in environments subject to blowsand, such as glass and wood.
Signage
Signage identifies places, provides direction, and advertise s businesses. Along with communicating information, signage would add to the character of the community and reinforce a sense of place. The major systems of signage include: community gateway entrance signs , primary entrance signs, secondary entrance signs, as shown in Figure 3.0 -14, Conceptual Signage Location Map, and individual project signage.
In addition to these guidelines, a sign program would be required on a project-by-project basis. The sign program would identify the hierarchy of signs with a common theme, and specify the signage location and style. These sign programs would be consistent and complementary within the Project Site.
Lighting Design
Public Street Lighting
Street lighting along Dinah Shore Drive and Los Alamos Road would be provided within their respective public rights-of-way located directly adjacent to the Project, per City/Riverside County standards.
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Private Street Lighting
Street lights with dual mast arms would be provided in the center median of the main internal Active Adult Community Boulevard. Street lights with single mast arms would be provided at various local and collector street intersections throughout the Project Site at the discretion of the developer. All street lights would be shielded or provided with cutoff lenses in order to be dark sky compliant.
Supplemental street lighting of the local streets would be provided by means of two photocell can lights mounted on the exterior of each house throughout the development. Each house would also be provided with illuminated address markers.
Landscape Lighting
Landscape accent lighting would be used for signage lighting, accent-up lighting, and washing of walls to illuminate vines or espaliers. Fixtures would be commercial grade 120 volts or D/C of comparable aesthetic and illumination characteristics. Color of fixtures would blend into the desert environment.
8. Project Phasing and Conceptual Grading
Phasing
It is anticipated that the Project would be developed in two phases, with buildout of the first phase projected for 2022 and buildout of the final phase projected for 2035. The Active Adult Community would be developed during the first phase of constru ction and would require six to eight years to complete. Development of the Active Adult Community would consist of up to 1,200 single -family units for senior adults. No timeframe has been established for the development of the Tribal Planning Areas.
Development of the Tribal Planning Areas would consist of up to 3,138,600 square feet of non- residential development and up to 1,206 multi-family residential units. Buildout of the entire Project Site is anticipated to occur by 2035.
Conceptual Grading
In order to reduce the impact of the existing topography , which has maximum slopes of over 8 percent, the proposed contours shift the highpoint to the center area of the Active Adult Community and gradually slope the land to the northeast at a maximum of 2.3 percent, as shown in Figure 3.0-15 , Conceptual Interim Cut/Fill Plan. The slopes to the southwest would not exceed 1.3 percent. The Active Adult Community requires earthwork of 234,400 cubic yards of soil that is offset from the Tribal Planning Areas.
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Conceptual Signage Location Map
FIGURE 3.0-14
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APPROXIMATE SCALE IN FEET
10005000 2000
SOURCE: MSA Consulting Inc. - September 2014.
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Conceptual Interim Cut/Fill Plan
FIGURE 3.0-15
044-001-13
SECTION 24 SPECIFIC PLAN
SOURCE: MSA Consulting Inc. - September 2014.
N
APPROXIMATE SCALE IN FEET
8004000 1600
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3.0 Project Description
A vertical division of approximately 20 feet has been created to separate the Active Adult Community from the balance of the Tribal Planning Areas. A slope to the north, northeast, and east would be provided at a maximum slope of 3 t o 1 at the property line between the Active Adult Community and the Tribal Planning Areas. Planning Areas 1 and 2 propose contours slopes northeast at 2.6 percent, as shown in Figure 3.0-16 , Conceptual Ultimate Cut/Fill Plan . The access points are close to the existing elevations of the public streets on the west and north sides of these Planning Areas. Planning Area 3 would slope to the northeast at 1.1 percent. The access points are close to the elevations of the roads to the north, west and south. The no rtheast corner would be elevated approximately 10 feet above the intersection of Ramon Road and Bob Hope Drive to accentuate the future land uses.
Planning Area 4 would have a slope of 2.8 percent in the northeast direction. This Planning Area would be fronted by a steep section of Bob Hope Drive at 3.3 percent. The slope on Planning Area 4 would be impacted by the adjacent elevation of Planning Area 5 in order to limit the vertical differential between the two Planning Areas. Planning Area 5 would slope at 2.2 percent to the north. Planning Area 6 would slope 2.7 percent to the north and 2.3 percent to the south. Planning Area 7 would slope at 1.1 percent to the east.
The overall site balances with unclassified earthwork of 4.5 million yards of soil cut and fill using 20 percent shrinkage and 0.10 feet subsidence. Figure 3.0-17, Conceptual Mass Grading Plan illustrates the final topographical elevations and slopes of the Project Site.
D. INTENDED USES OF THIS EIS
The Draft EIS examines the environmental impacts of the Project. It is the intent of this Draft EIS to enable the Tribe, other responsible agencies, and interested parties to evaluate the environment impacts of the Project, thereby enabling them to make informed decisions with requested entitlem ents.
Because the Draft EIS has been prepared as a Project Level EIS for the Active Adult Community and as a Program EIS, subsequent activities within the program (i.e., site-specific development projects proposed within the Tribal Planning Areas) must be evaluated to determine whether additional TEPA documentation would need to be prepared in accordance with Tribal Ordinance No. 28.
The CEQA Guidelines require an EIR to include a statement briefly describing the intended uses of the EIR, including a list of agencies expected to use the EIR in their decision making and the list of the permits and other approvals required to implement the project. This Draft EIS will follow the CEQA guidelines and has identified a list of agencies expected to use this EIS. The Specific Plan requires approval by the Tribal Council, approval of annexation into the City by LAFCo, and various approvals by the City, as identified in Table 3.0-2, Intended Uses of the EIS.
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Table 3.0-2
Intended Uses of the EIS
Lead Agency Action
Agua Caliente Band of Cahuilla Indians • Record of Decision of EIS • Approval of the Section 24 Specific Plan
• Adoption of the Section 24 Specific Plan
• Parcel Map to Reconfigure Allottee Parcels
• Consent to Annexation
• Approval of Tentative Tract Maps and permits for
future project development in the Tribal Planning
Areas (Planning Areas 1 through 7)
Responsible Agencies Action
City of Rancho Mirage • Certification of EIS
• Adoption of the Section 24 Specific Plan
• Approve Request for Annexation
• Approval of Tentative Tract Maps and permits for
future project development in the Active Adult
Community (Planning Area 8)
Local Agency Formation of Riverside County • Approve Annexation of the Project Site into the City of Rancho Mirage
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Conceptual Ultimate Cut/Fill Plan
FIGURE 3.0-16
044-001-13
SECTION 24 SPECIFIC PLAN
SOURCE: MSA Consulting Inc. - September 2014.
N
APPROXIMATE SCALE IN FEET
8004000 1600
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Conceptual Mass Grading Plan
FIGURE 3.0-17
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N
SECTION 24 SPECIFIC PLAN
APPROXIMATE SCALE IN FEET
8004000 1600
SOURCE: MSA Consulting Inc. - September 2014.
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4.0 ENVIRONMENTAL SETTING
This Section provides a general overview of the existing environmental setting of the Project Site as well as an overview of related projects that are considered as part of the future conditions in evaluating potential cumulative environmental impacts. TEPA was adopted to ensure the protection of natural resources and the environment within the Agua Caliente Indian Reservation (“Reservation”) by establishing standards for the review and consideration of environmental impacts associated with development of the Reservation. When it is determined through preliminary review that a proposed project may result in significant impacts to the quality of the natural environment, preparation of an EIS in accordance with the process defined in TEPA is required. The Lead Agency, the Agua Caliente Band of Cahuilla Indians (“Tribe”), is preparing this EIS in compliance with the provisions of CEQA. Section 15125 of the CEQA Guidelines requires the environmental impact analysis of a proposed project to include a description of the physical environmental conditions in the vicinity of a proposed project at the time the Notice of Preparation is published and states this environmental setting will normally constitute the baseline physical conditions used to determine if an impact is significant. The purpose of describing and defining the environmental setting is to define the baseline physical conditions to determine the significance of the environmental impacts resulting from the Project.
A. REGIONAL ENVIRONMENTAL SETTING
1. Regional Location
The Project Site is located in the central part of the Coachella Valley, a low valley sandwiched between the Santa Rosa Mountains to the south and the Little San Bernardino Mountains to the north. The valley is part of the Colorado Desert G eomorphic Province, an area that includes both sides of the lower Colorado River and the Coachella and Imperial Valleys of California. The Project Site consists of unincorporated Reservation land surrounded by the City of Rancho Mirage and within its Sphere of Influence. As shown in Figure 3.0 -1, Regional Location Map, the City of Rancho Mirage is bound by the communities of Thousand Palms to the north, Palm Desert to the east, Indian Wells to the southeast, and Palm Springs and Cathedral City to the west.
2. Regional Planning Considerations
Air Quality Management Plan
Section 24 is located within the Salton Sea Air Basin (SSAB), which spans the Coachella Valley portion of the County of Riverside and the entire County of Imperial. Air quality management of the Riverside County portion of the SSAB is overseen by the Sou th Coast Air Quality Management District (SCAQMD).
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The Riverside County portion of the SSAB is bound by the San Jacinto Mountains to the west and spans eastward up to the Palo Verde Valley.
SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for the SSAB. The AQMP is a comprehensive plan that includes control strategies for stationary and area sources, as well as for on - road and off-road mobile sources.
The US Environmental Protection Agency (USEPA) is responsible for the implementation of the Clean Air Act on Tribal lands; S tate and local agencies, such as SCAQMD and SCAG, do not have jurisdiction.
However, although not required to do so, this Project will comply with SCAQMD air quality regulations.
This voluntary compliance does not include submission of the Tribe to SCAQMD authority or the payment of any fees by the Tribe to SCAQMD.
Coachella Valley PM10 State Implementation Plan
The SSAB is designated as a serious nonattainment area for particulate matter ( PM) 10. The attainment date for serious nonattainment areas to achieve the PM10 National Ambient Air Quality Standards (NAAQS) was 2001. After years of demonstrating attainment of the PM10 standards prior to 1999, PM10 levels during the next three years (1999-2001) did not demonstrate attainment of the annual average PM10 NAAQS. Under the federal Clean Air Act, an area can request an extension of up to five years to attain the PM10 NAAQS if certain requirements are met, including creation of a State Implementation Plan (SIP) that demonstrates expeditious attainment of the standards. Thus, SCAQMD established additional strategies for the control of PM10 in the Coachella Valley PM10 State Implementation Plan (CVSIP), which was most recently updated in 2003. The 2003 CVSIP updates the emission inventories, emission budgets, and attainment modeling for the SSAB. 2012 Air Quality Management Plan
The most recent adopted comprehensive plan is the 2012 AQMP, which was adopted in February 2013 , and incorporates significant new scientific data primarily in the form of updated emissions inventories, ambient measurements, new meteorological episodes, and new air quality modeling tools. The 2013 AQMP proposes atta inment of the federal 24 -hours PM2.5 standard by 2014 in the South Coast Air Basin through adoption of all feasible measures. The AQM P also includes an update on the current air quality status of the SSAB. Additionally, the AQMP provides local guidance fo r the SIP, which provides the framework for air quality basins to achieve attainment of the S tate and federal ambient air quality standards. Areas that meet ambient air quality standards are classified as attainment areas, while areas that do not meet these standards are classified as nonattainment areas.
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Southern California Association of Governments
The Southern California Association of Governments is a council of governments representing Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties. SCAG is the federally recognized Metropolitan Planning Organization (MPO) for this region, which encompasses over 38,000 square miles. SCAG is a regional planning agency and a forum for addressing regional issues concerning transportation, the economy, community development, and the environment. SCAG is also the regional clearinghouse for projects requiring environmental documentation under federal and State law. In this role, SCAG reviews proposed development and infrastructure projects to analyze their impacts on regional planning programs. As the southern California region’s MPO, SCAG cooperates with SCAQMD, the California Department of Transportation (Caltrans), and other agencies in preparing regional planning documents. SCAG has developed regional plans to achieve specific regional objectives.
Regional Transportation Plan
SCAG is the authorized regional agency for intergovernmental review of programs proposed for federal financial assistance and direct development activities. SCAG consists of local governments from Los Angeles, Ventura, Orange, San Bernardino, Riverside, and Imperial counties. SCAG is also responsible for the designated Regional Transportation Plan (RTP) including its Sustainable Communities Strategy (SCS) component pursuant to Senate Bill (SB) 375. The Sustainable Communities Strategy has been formulated to reduce greenhouse gas (GHG) emissions from passenger vehicles by 8 percent per capita by 2020 and by 13 percent per capita by 2035 compared to 2005 targets set by the California Air Resources Board (CARB).
The 2012 –2035 RTP/SCS links the goal of sustaining mobility with the goals of fostering economic development, enhancing the environment, reducing energy consumption, promoting transportation - friendly development patterns, and encouraging fair and equitable access to residents affected by socioeconomic, geographic, and commercial limitations. The Project’s consistency with the applicable RTP/SCS policies is analyzed further in Section 5.9, Land Use and Planning.
Coachella Valley Association of Governments
The Coachella Valley Association of Governments (CVAG) is a su b-regional organization within SCAG.
CVAG operates as the lead agency and as part of larger jurisdictional or regional tea ms within the Coachella Valley, made up of nine cities, Riverside County and three Native American Indian tribes.
CVAG represents memb er local governments and agencies throughout the Coachella Valley seeking cooperative sub -regional and regional planning, coordination and technical assistance on issues of mutual concern. CVAG comprises several departments, including an Energy and Environ mental Meridian Consultants 4.0-3 Section 24 Specific Plan Project 044-001-13 November 2014
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Resources Department that monitors and implements both regional and local plans related to energy and air quality issues, waste management, water quality, habitat conservation planning and trails issues.
Tribal Habitat Conservation Plan
The Agua Ca liente Indian Reservation includes approximately 31,500 acres of Reservation lands within the Coachella Valley. These lands contain natural resources and habitat that are very integral to the Tribe’s heritage and culture. The Tribe has recognized the importance of protecting the Reservation ’s natural resources; consequently, the Tribal Habitat Conservation Plan (THCP) was adopted by the Tribe to provide strategies for managing these natural resources while also supporting the goals established by the US Fish and Wildlife Service (USFWS) to protect sensitive species and habitat.
The THCP is intended to support the issuance of an incidental take permit to the Tribe from USFWS under Section 10(a)(1)(B) of the Federal Endangered Species Act (FESA) for 24 covered species, including 21 sensitive wildlife and 3 sensitive plant species. Several of these species are listed as threatened or endangered under the ESA. Listed covered species include, but are not limited to , the Coachella Valley fringe-toed lizard, Coachella Valley milk vetch, peninsular bighorn sheep, least Bell’s vireo, southwestern willow flycatcher, California red -legged frog, and mountain yellow -legged frog. Protection for covered species and the habitats that support them would be afforded through the Tribe’s conservation program.
B. LOCAL ENVIRONMENTAL SETTING
1. Location and Land Use
The Project consists of the development of a specific plan for the approximately 577-acre Project Site.
The Project Site is located on the Reservation in unincorporated Riverside County within the northeastern portion of the City of Rancho Mirage’s Sphere of Influence , as shown in Figure 3.0- 2, Project Location Map . Section 24 is surrounded by properties previously annexed within the City of Rancho Mirage and bound by Ramon Road on the north, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west. The e xisting characteristics of the Project Site are illustrated in Figure 4.0-1, Project Site Photographs.
The Project Site is undeveloped and consists of approximately 577 acres of relatively undisturbed desert lands within the Coachella Valley. The Project Site is located in the Colorado Desert Geomorphic Province of California. This province consists of numerous north -south trending mountain ranges, such as the San Bernardino Mountains to the north, the Santa Rosa Mountains to the south, and the San Jacinto Mountains to the west.
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Bob Hope Drive and Ramon Road intersection looking southwest across Project Site Near Ramon Road along Los Alamos Road looking northeast across Project Site Project Site Photographs
FIGURE 4.0-1a
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Los Alamos Road and Dinah Shore Drive intersection looking east across Project Site Los Alamos Road and Dinah Shore Drive intersection looking northeast across Project Site Project Site Photographs
FIGURE 4.0-1b
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Dinah Shore Drive near The Westin entrance looking northwest across Project Site Dinah Shore Drive near The Westin entrance looking west across Project Site Project Site Photographs
FIGURE 4.0-1c
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4.0 Environmental Setting
Vegetation on the Project Site consists of the Sonoran creosote bush scrub community as the dominating landscape feature. Project Site elevations range from 356 above mean sea level (amsl) to 248 amsl with a gently southwest to northeast sloping ground. There is no evidence on the Project Site of any surface water, groundwater depths are estimated to be greater than 50 feet below the surface and the soil, and the soil is not saturated.
The Project Site includes several assessors’ parcels: APNs 673 -120-021, -022, -023, -024, and - 025. As shown in Figure 4.0 -2, Section 24 Specific Plan Property Ownership, t he land within the Project Site includes land held in trust for the Tribe and land owned by individual members of the Tribe.
2. Surrounding Land Uses
Development in the City of Rancho Mirage to the south and west consists of private resorts and gated communities. The Agua Caliente Casino/Resort/Spa, located adjacent to the eastern boundary, occupies a 36-acre parcel consisting of a gambling floor, spa and fitness center, meeting space venues, and parking areas. The other major development within proximity to the Project Site is the Westin Mission Hills Golf Resort & Spa, which is located immediately south and west of the Project Site. Interstate 10 and the Union Pacific Railroad (UPRR) rail corridor is located approximately 725 feet to the northeast of the Project Site.
C. ENVIRONMENTAL RESOURCES AND INFRASTRUCTURE
Aesthetics
The portion of the Coachella Valley the Project Site is located in is visually defined by the San Bernardino Mountains to the north, the Santa Rosa Mountains to the south, and the San Jacinto Mountains to the west. The topography of the Project Site, as shown in Figure 4.0-3 , Existing Topography, and the surrounding area is generally flat with elevations ranging from approximately 200 and 400 feet amsl.
The Project Site is surrounded various residential and resort uses including the Agua Caliente Casino/ Resort/Spa along the northeast boundary. The view of the Project Sit e is predominantly defined by the natural and visual resource of the San Jacinto and Santa Rosa Mountains. Please refer to Section 5.1 , Aesthetics, for further discussion on the Project’s impacts to the visual impacts of the area.
Air Quality and Greenhouse Gas Emissions
The Project Site lies within the SSAB, which spans the Coachella Valley portion of the County of Riverside and the entire County of Imperial. Air quality management of the Riverside County portion of the SSAB is overseen by the SCAQMD. The Riverside County portion of the SSAB is bound by the San Jacinto Mountains to the west and spans eastward up to the Palo Verde Valley. The SSAB and the adjacent Mojave Desert Air Basin were previously included in a single large air basin known as the South east Meridian Consultants 4.0-8 Section 24 Specific Plan Project 044-001-13 November 2014
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Desert Air Basin. However, the CARB has subdivided this larger basin into the two separate air basins that are in place today.
The SSAB is classified as having a desert climate characterized by low precipitation, hot summers, mild winters, low humidity, and strong temperature inversions. The annual average temperature varies little throughout the SSAB, ranging from the low 40s to the high 100s, measured in degrees Fahrenheit (°F).
The Western Regional Climate Center (WRCC) maintains historical climate information for the western U.S., including the City of Palm Springs. The closest meteorological monitoring station to the Project S ite is in the City of Palm Springs and is monitored by WRCC Station ID No. 046635. According to this Station, the average maximum temperature in the local vicinity is 108.2°F in July. The average minimum temperature is reported at 42.3°F in December and January.
In relation to other areas of southern California, the City of Rancho Mirage has good air quality. In the past few decades, however, noticeable deterioration of air quality has occurred due to transport of pollutants from coastal air basins to the west, primarily ozone, and locally generated PM10 as a result of increased development and population growth, traffic, construction activity, and various site disturbances. The Project’s potential air quality and greenhouse gas impacts are discussed in Sect ion
5.2, Air Quality.
Biological Resources
The Project Site is historically undeveloped vacant land that consists of partially stabilized desert dune sand soil materials with the dominating vegetation being that of the Creosote Bush Scrub Mix. There are no drainages traversing the Project Site nor are there any potential jurisdictional waters or wetland areas that are present on the Site.
Previous biological surveys performed on the Project Site have identified an array of wildlife, some of which include th e flat-tailed horned lizard, the burrowing owl, loggerhead shrike , and desert kangaroo rat. The only federally protected species found on the Project Site is the threatened Coachella Valley fringe-toed lizard. There are no specific wildlife corridors that were identified within or adjacent to the Project Site. The Project’s potential impacts to biological resources are further discussed in Section 5.3, Biological Resources.
Cultural Resources
The Project Site is located in a portion of the Coachella Valley identified as having low to moderate prehistoric/ethnohistoric cultural resource sensitivity. The Coachella Valley consists of alternating lacustrine and fluvial sediments, termed the Lake Cahuilla beds, which have previously yielded fossil
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Section 24 Specific Plan Property Ownership
FIGURE 4.0-2
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APPROXIMATE SCALE IN FEET
10005000 2000
N
SECTION 24 SPECIFIC PLAN
SOURCE: MSA Consulting - 2014
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Existing Topography
FIGURE 4.0-3
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APPROXIMATE SCALE IN FEET
4002000 800
N
SOURCE: MSA Consulting Inc. - September 2014.
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4.0 Environmental Setting
remains representing diverse freshwater diatoms, land plants, sponges, ostracods, mollusks, fish, and small terrestrial vertebrates. The Project Site consists of property that historically has been undeveloped with minimal human activity and does not contain any historical resources of significance. The Project’s impacts on cultural resources are analyzed in Section 5.4, Cultural Resources.
Geology and Soils
The Project S ite is located within the Coachella Valley in the northern part of the Colorado Desert Geomorphic Province with elevations ranging from approximately 200 and 400 feet amsl. The Colorado Desert Geomorphic Province consists of numerous north- south trending mountain ranges, such as the San Bernardino Mountains to the north, the Santa Rosa Mountains to the south, and the San Jacinto Mountains to the west . Additionally, this Province is bound on the east by the Colorado River, on the south by the Baja California border, on the north by the Transverse Ranges Province, on the northeast by the Mojave Desert Province, and on the west by the Peninsular Ranges Province.
The Coachella Valley is heavily prone to wind- blown sand erosion hazards as a result of the fierce winds that funnel through the steep mountain ranges. Areas at the base of the mountains are more sheltered from these hazards since the winds are n ot as strong. The regional tectonic subsidence along the Coachella Valley floor along with the uplift of adjacent mountains is responsible for the rapid deposition of poorly consolidated soils susceptible to consolidation and/or collapse.
The Project Site is located in a moderately active seismic region, with the San Andreas Fault Zone being the major structural feature for the region. Ground shaking due to earthquakes should be anticipated during the life of the proposed improvements at the Project Site. The US Geological Survey (USGS) and California Geology Survey (CGS) have identified 28 active, or potentially active, faults located within approximately 60 miles of the Project Site. Each of these faults is believed to be capable of producing sizeable earthquake events with significant ground motions that would be e xperienced at the Project Site. Lastly, t he Project Site is not supported by any onsite septic tank systems. Potential impacts to geology and soils as a result of the Project are further discussed in Section 5.5, Geology and Soils.
Hazards and Hazardous Materials
As an extension of the State Emergency Plan, the City of Rancho Mirage maintains a Multi- Hazard Functional Plan (MHFP) that addresses the planned response to extraordinary emergency sit uations associated with natural or human caused disasters, technological incidents, and nuclear defense operations. Additionally, the City of Rancho Mirage falls under the Riverside County Hazardous Waste Management Plan (HWMP), which serves to provide a framework for the management of the County’s hazardous substances.
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The Project Site is not identified to be on a list of hazardous materials sites as defined in Government Code Section 65962.5. The Project Site has historically been undeveloped and vacant with little evidence of any human disturbance. According to the Phase I and Limited Phase II Environmental Site Assessment that was prepared, the Project Site does not use or store any hazardous materials. The only evidence of potentially hazardous materials is a pad-mounted transformer in the eastern portion of the Project Site, approximately 7,800 cubic yards of soil stockpiles in the western portion of the Site, and a PVC riser in the south portion of the Project Site. The Project’s potential impacts to hazards and hazardous materials are discussed in Section 5.7, Hazards and Hazardous Materials.
Hydrology and Water Quality
The Project Site is within the boundaries of the Coachella Valley planning area of the Colorado River Basin (Region 7), which is under the jurisdiction of the Colorado River Basin Regional Water Quality Control Board (CRWQCB). Region 7 covers approximately 13,000,000 acres (20,000 square miles) in the southeastern portion of California, and includes all of Imperial County and portions of San Bernardino, Riverside, and San Diego Counties. The Coachella Valley planning area consists of the Whitewater River Watershed and East Salton Sea Watershed, with the Project Site being within the Whitewater River Watershed. The Whitewater River passes approximately three miles southwest of the Project Site.
Based on surface topography, drainage across the Project Site is generally from the northwest to the northeast towards the I -10/UPRR transportation corridor via sheet flow following natural drainage courses. The runoff continues to drain southeasterly in its existing flow path along the southern ballast embankment of the UPRR railroad tracks into the City of Palm Desert. No storm drains exist within the Project Site and no natural water bodies or mapped drainage courses are present in the Project Site.
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Map Number’s 06065C1585G and 06065C1595G, both effective August 28, 2008, the Project Site is not located within a designated 100 -year flood hazard area. CVWD , however, designates the northeastern portion of the Project Site adjacent to Bob Hope Drive and Ramon Road as within a 100 -year flood hazard area. The Project’s potential impacts on hydrology and water quality are analyzed in Section 5.8, Hydrology and Water Quality.
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4.0 Environmental Setting
Land Use and Planning
The Project Site is currently under the sovereign authority of the Agua Caliente Band of Cahuilla Indians .
As established in the Tribal Land Use Ordinance , the land use designations of the Project Site are identified in Figure 4.0 -4, Tribal Land Use Ordinance Zoning Districts. As shown, the Project Site is comprised of Specific Plan, Tribal Enterprise , and Land Use Contract ( Riverside County ) land use designations.
The Project Site is unincorporated territory and is addressed in the County of Riverside General Plan for this reason. The land use designations in the County General Plan are show n in Figure 4.0-5, County of Riverside Land Use Designation Map, a nd include commercial retail, medium density residential, and commercial tourist uses.
The Project Site is located within the Sphere of Influence of the City of Rancho Mirage as defined by the Riverside LAFCo. The City of Rancho Mirage uses a single-map system of its land uses. This means that the City’s General Plan land use designations are the same as its zoning designations. Also, the density and intensity standards expressed in the General Plan are the same as those expressed in the Zoni ng Ordinance. As shown on Figure 4.0-6, City of Rancho Mirage Land Use Designation Plan, the majority of the 577-acre Project Site is currently designated for Medium Density Residential (R -M) use in the Land Use Element of the City’s General Plan , with portions of the northern boundary designated as Community Commercial (C-C) and High Density Residential (R-H) uses.
The City’s General Plan calls for the preparation of specific plans for major areas within the City’s sphere, including the Project Site, which is identified as the “Sphere of Influence Area South of Ramon Road” in the General Plan. A full discussion of the Project’s consistency with the City’s General Plan is located in Section 5.9, Land Use and Planning.
Noise
Noise in an urban setting is primarily generated by vehicular traffic, but can also be generated by stationary sources of noise, such as mechanical equipment. Temperature, wind speed and direction, ground surfaces, vegetation, walls and buildings affect noise transmission and perceived noise levels.
Noise levels are measured in terms of the A -weighted decibel (dB [A]). A- weighting is a frequency correction that correlates overall sound pressure levels to the frequency response of the human ear, with the normal range of human hearing extending from approximately 0 dB(A) to 140 dB(A). The noise rating scale used in California for land use compatibility assessment is the Community Noise Equivalent Level (CNEL). The CNEL scale represents a time- weighted, 24-hour average noise level based on the A - weighted decibel. Noise levels in the Project Site are influenced primarily by vehicular traffic on I -10, Meridian Consultants 4.0-14 Section 24 Specific Plan Project 044-001-13 November 2014
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Dinah Shore Drive, Los Alamos Road, and Bob Hope Drive, and from intermittent train traffic along the UPRR rail line. As shown in Figure 4.0-7, Noise Monitoring Locations, there were nine sites setup within proximity to the Project Site to measure existing CNEL noise levels with noise levels ranging from a low of 39.4 dB(A) to a high of 89.7 dB(A) at 50 feet from the roadway centerline. Existing noise sensitive land uses located near the Project Site include single- family residential uses to the south along Dinah Shore Drive and west of Los Alamos Road, and the Agua Caliente Casino/Resort/Spa to the northwest. Refer to Section 5.10, Noise, for further inform ation concerning existing noise conditions in the P roject Site and an analysis of this Project’s impacts on the local noise environment.
Population and Housing
According to the California Department of Finance (DOF), as of January 1, 2014, the City of Ranc ho Mirage had a population of 17 ,745 with 14, 322 housing units and an average household size of 1.9 9 people. The Project’s impacts on population and housing are discussed in Section 5.1 1, Population and Housing.
Public Services
Fire Protection and Emergency Medical Services
The Riverside County Fire Department provides fire protection and emergency medical services to the Tribe and surrounding jurisdictions, including the City of Rancho Mirage. The Riverside County Fire Department is administered under contract by Cal Fire, and participates in a Regional Integrated and Cooperative Fire Protection System. This system provides local jurisdictions and surrounding areas with additional regional resources to respond to fire service calls when required. Fire protection services include response to vegetation and structure fires, hazmat, and public assists. There is currently one fire station within the City of Rancho Mirage, Station 69 located at 71751 Gerald Ford Drive (approximately
1.10 miles from Project Site), and one fire station in Thousand Palms, Station 35 located at 31920 Robert Road (approximately 0.85 miles from Project Site). Please refer to Section 5.1 2.1, Fire Protection and Emergency Medical Services , for further discussion on the Project’s potential impacts to fire and emergency medical services.
Police Protection
The Project Site is currently located in an area that served by local law enforcement that enforces local, State, and federal laws pertaining to public safety, traffic, and public order. The City of Rancho Mirage Police Department contracts with the Riverside County Police Department for police protection services.
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Tribal Land Use Ordinance Zoning Districts
FIGURE 4.0-4
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APPROXIMATE SCALE IN MILES
1 0.5 0 2
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SOURCE: Agua Caliente Band of Cahuilla Indians, Land Use Ordinance - October 2013 Project Site
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AGUA CALIENTE INDIAN RESERVATION
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ZONING DISTRICTS AS OF OCTOBER 1, 2013
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County of Riverside Land Use Designation Map
FIGURE 4.0-5
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APPROXIMATE SCALE IN FEET
600030000 12000
N
SOURCE: Riverside County, Western Coachella Valey Area Land Use Plan - 2003 Project Site
Legend
Rancho Mirage City Boundary
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City of Rancho Mirage Land Use Designation Plan
FIGURE 4.0-6
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APPROXIMATE SCALE IN FEET
350017500 7000
N
SOURCE: City of Rancho Mirage General Plan, Land Use Element - 2005 Project Site
Legend
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Noise Monitoring Locations
FIGURE 4.0-7
SOURCE: Google Earth - 2014; Meridian Consultants - 2014 044-001-13
APPROXIMATE SCALE IN MILES
0.50.250 1
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Legend:
Project Site
Noise Monitoring Locations
11 22
3344
55 66 77 88
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(approximately 4 miles southeast of Project Site). Please refer to Section 5.1 2.2, Police Protection , Services for further discussion on the Project’s potential impacts to police protection services.
Schools
The City of Rancho Mirage is served by two public school districts: the Palm Springs Unified School District (PSUSD) and the Desert Sands Unified School District (DSUSD). The eastern portion of the City falls within the boundaries of the DSUSD and the western portion starting at Bob Hope Drive falls within the boundaries of the PSUSD . Since the Project Site falls on the western side of Bob Hope Drive, it is a part of the PSUSD attendance boundaries. The schools that would serve the Project Site are Rancho Mirage Elementary, Nellie N . Coffman Middle School, and Rancho Mirage High School. Please refer to Section 5.1 2.3, School Services , for further discussion on the Project’s potential impacts to the local schools.
Libraries
The City of Rancho Mirage is served by the Rancho Mirage Public Library, located at 71100 Highway 111 (approximately 5.0 miles south of the Project Site). The Rancho Mirage Public Library operates independently from the Riverside County Library System (RCLS) due to the lack of funds available from the RCLS to support the City with a desirable level of service. Please refer to Section 5.12.4, Library Services, for further discussion on the Project’s potential impacts to the City’s library services.
Parks/Recreation
The City of Rancho Mirage provides a vast amount of recreational opportunities for its residents and visitors, including golf courses, tennis and basketball courts, playgrounds, and hiking trails. The City adopted their Park Master Plan to assess the community’s local park needs to ensure sufficient recreational opportunities are available for its residents. The Park Master Plan also identifies the cross - utilization of recreational facilities between the Cove Communities (Palm Desert, Indian Wells, and Rancho Mirage). Please refer to Section 5. 13, Parks and Recreation, for further discussion on the Project’s potential impacts to parks and recreational facilities.
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Traffic and Transportation
Regional facilities include Interstate 10, located approximately 0.25 miles north of the Project Site.
Highway 111, located to the south of the Project Site, is a major arterial roadway linking Rancho Mirage with other cities throughout the Coachella Valley and Imperial Valley. Additionally, the UPRR located to the north of the Project Site accommodates two mainline tracks used for commercial and passenger rail traffic.
Access to the Project Site is provided in all direct ions with the existing local roadway network including Bob Hope Drive, Dinah Shore Drive, Los Alamos Road, and Ramon Road. The existing peak hour levels of service (LOS) without the Project for all the signalized and unsignalized intersections within proximit y to the Project Site are all at or above satisfactory operations (LOS C or greater).
Alternative modes of transportation also exist within proximity to the Project Site. The SunLine Transit Agency provides bus line services to several communities and cities within the Coachella Valley. Line 32 directly serves the Project Site. Additionally, the Coachella Valley has a subscription-based transit service is available to residents with disabilities who need regular repetitive stops. Furthermore, the City of Rancho Mirage currently maintains a variety of golf cart/electric vehicle (EV), bicycle, and pedestrian paths that are accessible to the public. A full discussion of the Project’s existing traffic conditions and potential impacts are located in Section 5.14, Traffic and Transportation.
Utilities and Service Systems
The Coachella Valley Water District (CVWD) provides water and wastewater services for the City of Rancho Mirage. Domestic, landscape irrigation, and fire protection water supply would also be provided by the CVWD in combination with the Mission Hills Pressure Zone, the Sky Mountain Pressure Zone, and up to seven pumping plants and well sites. Existing stormwater drainage facilities within the City of Rancho Mirage are maintained by the Public Work s Department. Burrtec Waste and Recycling currently provides solid waste collection services. S olid waste is first taken to the Edom Hills transfer station in Cathedral City then sent to one to Burrtec’s regional landfills within Riverside County. Southern California Edison (SCE) is the purveyor of electricity for the area, with existing transmission lines along the southern boundary on Dinah Shore Drive. Natural Gas is provided by the Southern California Gas Company with 6-inch mains on Dinah Shore Drive and Bob Hope Drive with a 4-inch main on Los Alamos Road. Lastly, Verizon currently provides telephone service and Time Warner Cable provides cable television services. Please refer to Section 5.15, Utilities and Service Systems , for further discussion on the Project’s potential impacts to existing infrastructure.
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D. RELATED PROJECTS
Section 15130 of the CEQA Guide lines requires that cumulative impacts are to be discussed where they are considered significant. It further states that the discussion of cumulative impacts reflects the severity of the impacts and their likelihood of occurrence, but that it does not need to be in as great level of detail as provided for the Project alone. Cumulative impacts are defined by Section 15355 to be “…two or more individual effects which, when considered together are considerable or which compound or increase other environmental impacts.” Cumulative impacts represent the change caused by the incremental impact of a project when added to other proposed or committed projects in the vicinity.
The CEQA Guidelines (Section 15130 (b)(1)) further state that the information utilized in an analysis of cumulative impacts should come from one of two sources, either:
(A) A list of past, present and probable future projects producing related cumulative impacts, including, if necessary, those projects outside the control of the agency; or (B) A summary of projections contained in an adopted general plan or related planning document designed to evaluate regional or area-wide conditions.
The cumulative impact analyses contained in the various topical sections of Section 5 .0, Environmental Impact Analysis, considers related projects in the City of Rancho Mirage based on the City of Rancho Mirage “Development Activity Summary,” dated February 5, 2014. In addition, the projections in the City’s General Plan are used in the assessment of potential cumulative impacts where appropriate.
The analysis of traffic impacts was conducted using the Riverside County Traffic Analysis Model (RivTAM) completed in May 2009, and developed with the cooperative efforts of the Riverside County Transportation Department (RCTD), Western Riverside Council· of Governments (WRCOG), Coachella Valley Association of Governments (CVAG), Riverside County Transportation Commission (RCTC), SCAG, and Caltrans. RivTAM is intended for use for transportation planning purposes throughout Riverside County by all levels of governmental and to determine potential impacts of large development proposals, such as the proposed Project.
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5.0 ENVIRONMENTAL IMPACT ANALYSIS
This Section provides a detailed discussion of the environmental setting for each topic addressed in this EIS, an analysis of the potential impacts of the Project, potential cumulative impacts, and the features of the Project and other measures identified to mitigate these impacts as required by the Agua Caliente Tribal Environmental Policy Act (TEPA). In addition, although not required, the Agua Caliente Band of Cahuilla Indians ( “Tribe”) has decided to prepare the EIS in compliance with the provisions of the California Environmental Quality Act (CEQA) Guidelines. 1 The proposed Specific Plan would establish Planning Areas 1 to 7 (“Tribal Planning Areas”) and Planning Area 8 (“Active Adult Community”) within the Project Site to regulate the proposed land us es. For purposes of analysis , the Active Adult Community is discussed prior to the Tribal Planning Areas as the Active Adult Community will be the first portion of the Project to be developed. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in the Draft EIS.
1 California Code of Regulations, Title 14, Section 15000 et seq.
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5.1 AESTHETICS
This Section of the EIS describes the existing landform and aesthetic character of the Project S ite and surrounding area . The potential aesthetic and visual impacts resulting from implementation of the Project are addressed in this Section. The information presented in this Section is based on field reconnaissance, review of the proposed Section 24 Specific Plan and other planning documents , and photographs of the Project Site and the surrounding land uses. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
1. Existing Conditions
Visual Setting
Regional
The Project S ite is located in the Western Coachella Valley area which is a predominantly desert and mountainous region with a variety of contrasting and dramatic geographic features. The Coachella Valley contains a series of low-lying desert flatlands, sloping dunes and rolling foothills that are ringed by the rugged San Jacinto, Santa Rosa, and Little San Bernardino Mountains.
The rugged and dramatic topography of the San Jacinto and Santa Rosa Mountains are the predominant natural and visual resource in t he Western Coachella Valley . These mountains provide a natural scenic backdrop to the City of Rancho Mirage (“City”) as well as the rest of the Western Coachella Valley . The Little San Bernardino Mountains t o the north and east are also prominent landforms in the general region with elevations reaching over 5,000 feet. Preserving views of these visual resources will continue to be important in creating and maintaining a sense of community and identity.
Project Site
The elevation of the Project Site ranges from approximately 252 feet above mean sea level (asml) at the northeast corner of the Project Site rising to 353 feet near the southeast corner. Figure 4.0-1a, Project Site Photographs , shows the Project Site from the northeastern corner. The vertical differential is created by a low point at the northeast corner with a 250 -foot elevation, ridgeline high point of 350 feet, northwest corner of 300 feet, southwest corner of 325 feet, and southeast corner of 350 feet amsl that creates the largest vertical differential of 100 feet. The Project Site meets the elevation of the four streets that border the Project Site; Bob Hope Drive to the east, Dinah Shore Drive to the south, Los Alamos Road to the west, and Ramon Road to the north.
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A large sand ridge runs through the middle of the Project Site from the northwest to the southwest.
Partially stabilized sand deposits are present on portions of the Project Site that are affected by shrubs and wind patterns. The vegetation of the Project Site is dominated by weed species that are commonly found throughout all California deserts. There are no naturally occurring springs or permanent aquatic habitats within the Project Site boundaries.
Native vegetation has been removed from approximately 40 acres in the northwestern corner of the Project Site when sand was excavated in 2010 to provide fill for the Bob Hope Drive freeway interchange construction project . In 2007, native vegetation was also removed and soils compacted on the northeastern 40 acres of the Project Site to create a temporary parking lot/construction staging area for the expansion of the Agua Caliente Casino Resort Spa. Another 40 acres in the southwestern corner of Project Site has received large mounds of fill dirt in the past decade.
Surrounding Land Uses
North of the Project Site is 193 acres of undeveloped land recently annexed to the City . As shown in Figure 5.1-1, Surrounding Land Uses to the North and Northeast , the existing undeveloped land to the north of the Project Site is designated as Section 13 . The Union Pacific Railroad (UPRR) and the Interstate 10 (I-10) are located north of this property, and the UPRR is lined by trees.
Directly northeast of the Project Site lies the 36-acre Agua Caliente Casino Resort Spa facility. Figure 5.1- 1 shows t he 16-story, 173 -foot-tall hotel tower that is part of the Agua Caliente Casino Resort Spa facility. Surface parking for the Resort is accessible through Ramon Road with an additional 4- story parking structure that can be access ed through Bob Hope Drive south of the hotel tower. There is an approximately 30 foot landscaped median on Bob Hope Drive in front of the hotel tower. On the northern tip of this median there is a City entry monument sign which indicates an entrance to the City.
East of Bob Hope Drive and south of the Agua Caliente Casino Resort Spa is approximately 269 acres of undisturbed desert lands. Figure 5.1-2, Surrounding Land Uses to the East and Southeast, shows the area consisting of scattered sand hummocks populated with sparse shrublike vegetation. An existing dirt road (the former Rio Del Sol Road) is located south of the Agua Caliente Casino Resort Spa. This road was abandoned between 1953 and 1965 when Bob Hope Drive was constructed, resulting in the creation of an approximately 2.4-acre excess right-of-way area that remains under the City’s control.
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Ramon Road and Bob Hope Drive intersection looking northwest to Section 13 Bob Hope Drive looking east to the Agua Caliente Casino Resort Spa Surrounding Land Uses to the North and Northeast
FIGURE 5.1-1
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Dinah Shore Drive and Bob Hope Drive intersection looking northeast across Section 19 Dinah Shore Drive and Bob Hope Drive intersection looking southeast to the Desert Plaza shopping center Surrounding Land Uses to the East and Southeast
FIGURE 5.1-2
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Southeast of the Project Site is a retail center, as shown in Figure 5.1-2, which includes a single -story convenience store, a barber shop and surface parking lots. The sidewalk surrounding the retail center is lined with ornamental trees ; and the building is architecturally designed to match existing buildings in the City, with high arching entry designs and mission tiled roofs.
South of the Project Site is the Westin Mission Hills Resort development. The Westin Mission Hills Resort occupies the approximate 1 -mile stretch south of Project Site and Dinah Shore Drive. Figure 4.0-1c, Project Site Photographs , shows the parkway along the south side of Dinah Shore Drive. The parkway includes sidewalk with landscaping dominated by plan ts and ornamental trees on both sides of the sidewalk. Behind the sidewalk and its landscaping is a wall that ranges from 5 to 8 feet that screens views into the Westin Mission Hills Resort from the street view. The rooftops of single story buildings are not visible from the street; however, the multi-story buildings are visible. The Santa Rosa Mountains and San Jacinto are visible from Dinah Shore Drive looking south and west.
West of the Project Site is the Mission Hills Country Club. The sidewalk and surrounding landscaping there match the Westin Mission Hills Resort , and similar to the Westin Mission Hills Resort, the Mission Hills Country Club is surrounded by a wall that blocks off the view from the street . Inside these walls are single-story houses whose rooftops can be viewed from Los Alamos Road.
Light and Glare
Billboards exist along the eastern side of the Project Site along Bob Hope Drive and along the southern boundary of the Project Site along Dinah Shore Drive. No other sources of light or glare exist within the Project Site. The only light and glare sources in the area are from street lights along Dinah Shore Drive and Bob Hope Drive and from the Agua Caliente Casino Resort Spa to the northeast, and minimal light from the residential and commercial uses south of the P roject Site across Dinah Shore Drive. Ano ther source of nighttime light in the area includes vehicular traffic along surrounding roadways.
2. Regulatory Setting
State
The California Environmental Quality Act (CEQA) establishes that it is the policy of the S tate to take all action necessary to provide the people of the S tate “with…enjoyment of aesthetic, natural, scenic and historic environmental qualities.”1
1 California Public Resources Code, sec. 21001(b).
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The California Scenic Highway Program was created to preserve and protect scenic highway corridors from change, which would diminish the a esthetic value of lands adjacent to highways. The S tate laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260-284.2 Regional and Local
Agua Caliente Land Use Ordinance (Tribal Ordinance No. 45) The purpose of t he Agua Caliente Band of Cahuilla Indians Land Use Ordinance (“Tribal Land Use Ordinance”) is to provide standards and regulations to control land uses on the Agua Caliente Indian Reservation (“Reservation”), maintain and protect the Reservation’s unique natural and cultural resources, and to preserve the natural environment. The following from the Tribal Land Use Ordinance are the applicable provisions to the Project Site:
• Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on the site and away from property lines.
• Balloons or other gas or air-filled balloons, pot lights, search lights, flag tapes are to be prohibited. • Uses which create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards, or nuisance which can be detected by adjacent or nearby residents are not allowed as home occupations.
Agua Caliente Tribal Building and Safety Code (Tribal Ordinance No. 26) As adopted from the California Building Code (CBC), the purpose of the Tribal Building and Safety Code is to provide standards and regulations to control minimum building safety standards of all buildings and structures on Indian Reservation Lands. These standards are intended to protect the health, safety, and welfare of the general public related to any potential building hazards. All building permit approvals from the Tribe are based upon this Code.
Tribal Property Maintenance Standards Ordinance (Tribal Ordinance No. 17) The Property Maintenance Standards Ordinance prohibits any condition on Reservation land that is detrimental to the public health, safety, or general welfare. Such conditions shall be determined to be a public nuisance, subject to the corrective measures established by this Ordinance. 2 California Streets and Highways Code, sec. 260–284.
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Rancho Mirage Municipal Code
The City Municipal Code identifies land use categories, development standards, and other general provisions that ensure consistency between the City’s General Plan and proposed development projects.
The following provisions from the City’s Municipal Code that help minimize light and glare impacts associated with new development projects are relevant to the Project:
• Title 17 (Zoning), Chapter 17.18 (General Performance Standards), Section 17.18.050 (Exterior Glare, Heat, and Light)
• Title 17 (Zoning), Chapter 17.18 (General Performance Standards), Section 17.18.090 (View protection)
• Title 17 (Zoning), Division III (Development and Operation Standards), Chapter 17.26 (Parking and Loading Standards), Section 17.26.070 (Development Standards), G (Lighting) B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project wo uld have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant aesthetic impact if it would:
Threshold 5.1-1 Have a substantial adverse effect on a scenic vista.
Threshold 5.1-2 Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.
Threshold 5.1-3 Substantially degrade the existing visual character or quality of the site and its surroundings.
Threshold 5.1-4 Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
2. Methodology
The analysis identifies and objectively examine s factors that contribute to the perception of the aesthetic and visual character o f the Project Site and the surrounding area. Potential aesthetic impacts are evaluated by considering proposed grading, landform alteration, building setbacks, scale, massing, typical construction materials, and landscaping features associated with the des ign of the Project. Edge conditions and view alterations are considered in the context of the above factors. The aesthetic Meridian Consultants 5.1-7 Section 24 Specific Plan Project 044-001-13 November 2014
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compatibility of the Project with the surrounding area and potential impacts to visual resources and viewers in the Project Site are examined.
3. Project Design Features
Grading
In order to reduce the impact of the existing topography, which has maximum slopes of over 8 percent, the proposed contours shift the highpoint to the center area of the Active Adult Community and gradually slo pe the land to the northeast at a maximum of 2. 3 percent, as shown in Figure 3.0-15 , Conceptual Interim Cut/Fill Plan. The slopes to the southwest would not exceed 1.3 percent.
A vertical division of approximately 20 feet has been created to separate the Active Adult Community from the balance of the Tribal Planning Areas. A slope to the north, northeast, and east would be provided at a maximum slope of 3 to 1 at the property line between the Active Adult Community and the Tribal Planning Areas. Planning Areas 1 and 2 propose contours slopes northeast at 2.6 percent, as shown in Figure 3.0-16 , Conceptual Ultimate Cut/Fill Plan . The access points are close to the existing elevations of the public streets on the west and north sides of the se Planning Areas. Planning Area 3 would slope to the northeast at 1.1 percent. The access points are close to the elevations of the roads to the north, west, and south. The northeast corner would be elevated approximately 10 feet above the intersection of Ramon Road and Bob Hope Drive to accentuate the future land uses.
Planning Area 4 would have a slope of 2.8 percent in the northeast direction. This Planning Area would be fronted by a steep section of Bob Hope Drive at 3.3 percent. The slope on Planning Area 4 would be impacted by the adjacent elevation of Planning Area 5 in order to limit the vertical differential between the two Planning Areas. Planning Area 5 would slope at 2.2 percent to the north. Planning Area 6 would slope 2.7 percent to the north and 2.3 percent to the south. Planning Area 7 would slope at 1.1 percent to the east.
Figure 3.0-17, Conceptual Mass Grading Plan illustrates the final topographical elevations and slopes of the Project Site. The elevation of the southern and western portions of the Active Adult Community will be consistent with the elevations to the south and west, ranging from 330 feet amsl to 350 feet amsl.
The proposed clubhouse area within the central portion of the Active Adult Community will be approximately 350 feet amsl, consistent with the existing high point on the Project Site. The northern portion of the Tribal Planning Areas would have elevations ranging from 260 to 320 feet amsl from east to west and 260 feet to 350 feet amsl from north to south, consistent with existing conditions.
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Building Design
Building Heights
Development standards for the Project Site would control building heights for proposed commercial, residential, service, and entertainment uses. The residential buildings in the Active Adult Community would allow for heights up to 20 feet in height and 28 feet in height in the Single Family Attached Residential Overlay Area; while the residential units in the Tribal Planning Areas would be a maximum of 36 feet. The heights of commercial buildings would be a maximum of 42 feet with the exception of tower elements that would be allowed to be 50 feet tall. The Section 24 Specific Plan, Chapter 5.2.1, General Development Standards, Table 7, Building Height Standards, goes into more detail the height requirements for each pertaining land use. The maximum heigh t of any architectural projection is 10 feet above the proposed building height, unless otherwise approved by the Tribal Council. Stand -alone tower elements, such as clock towards, are permitted to reach up to 50 feet in height, so long as their footprint is not larger than 400 square feet.
Building Setbacks
Figure 3.0-13, Illustrative Ultimate Grading Site Section , shows the concept plan for the interior of the Project Site. All buildings would be set back at least one foot from the back of the curb for every one foot of building height unless otherwise approved by the Tribal Council. For setback purposes only, building height will be determined by measuring the elevation point of the back of curb perpendicular to the highest ridgeline of the structure, in cluding architectural projections such as architectural features protruding from the building façade, cantilevered portions of the building, or outdoor uses such as porches and patios.
Mass, Scale, and Form
The proposed Section 24 Specific Plan would not require any particular architectural style; instead requires a consistency of styles throughout the Project Site. Visual diversity would be promoted through the use of different, but complementary, architectural styles. Each style would incorporate high- quality detail that includes the use of arches, arcades, loggias, towers, variations in building form, and color blocking to define buildings.
The building designs will employ clean, simple geometric forms and coordinated massing to produce an overall sense of unity, scale, and interest. All buildings will be designed to have a human scale and relate to pedestrians by incorporating appropriately scaled design elements and details that generate interest and diversity at the street, sidewalk level, and relate the building to the ground plan. The materials for Meridian Consultants 5.1-9 Section 24 Specific Plan Project 044-001-13 November 2014
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each building will be of high quality so that over time, the colors and textures would retain their original form. To avoid monotony, a variety of complementary color schemes will be used.
Lighting Design
Lighting design throughout the Project Site will highlight design and landscaping features, reinforce the community theme, and help ensure pedestrian and vehicular safety. The “Dark Sky -Friendly” lighting would be adopted and designed to protect the beauty of the desert sky and would respect the requirements and guidelines of the Mount Palomar restricted nighttime light zone, as identified in Riverside County’s Ordinance No. 655. Lighting would also be used for security and safety of on- site areas such as parking, loading, shipping, and receiving. All lighting would be hooded and directed downward to minimize light and direct glare impacts on neighboring properties and reduce impacts on dark skies. They would also be equipped with fixture dimming and cut -off capability as certified by the International Dark Sky Association. Light fixtures would be consistent throughout the Project Site and complementary to the architectural styles of the area as well as comply with the Tribal Building and Safety Code.
The following Project Design Features (PDFs) are applicable to development within the P roject Site and would minimize light and glare impacts on the surrounding roadways and land uses.
PDF 5.1-1 “Dark Sky -Friendly” lighting shall be designed to protect the beauty of the desert sky and shall respect the requirements and guidelines of the Mount Palomar restricted nighttime light zone, as identified in Riverside County’s Ordinance No. 655. Uplighting is discouraged except for well-shielded landscape accent lighting. Maximum lamp wattage requirements shall be established for different lighting types to minimize obtrusive and unnecessary lighting and conserve energy resources to the greatest extent possible.
PDF 5.1-2 All light fixtures shall be hooded and directed downward to minimize light and direct glare impacts on neighboring properties and reduce impact on dark skies; directed to illuminate only the areas and elements intended , such as paths, entryways , and focal elements; shielded to avoid direct views of any unshielded light source from pedestrian or vehicular sight lines; shielded to direct light spillover away from adjacent residential areas with 100 percent cutoff capability; and equipped with fixture dimming and cutoff capability as certified by the International Dark Sky Association.
PDF 5.1-3 Development shall minimize light pollution by avoiding outdoor lighting where unnecessary, emphasizing shielded fixtures and avoiding overhead lighting of areas such as walkways. Low scale, accent, and back lighting shall be used to highlight key entry Meridian Consultants 5.1-10 Section 24 Specific Plan Project 044-001-13 November 2014
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points, signage, enhanced intersections, and feature landscaping. The use of light - emitting diode (LED) lighting or organic light -emitting diode ( OLED) lighting is encouraged, so long as blue or cool -white LEDs are shield ed properly to prevent light pollution.
PDF 5.1-4 Externally illuminated signs or backlighting of individual sign letters shall be the standard. Digital display signs using LED or similar technology to display images shall be permitted subject to the approval of a sign program.
PDF 5.1-5 The use of “pole signs ,” roof signs, temporary lettering on windows, and blinking/flashing signs shall be prohibited. The use of temporary signs is discouraged.
PDF 5.1-6 Light fixtures shall be consistent throughout the Project Site , and shall be complementary to the architectural styles of the area.
PDF 5.1-7 Exterior lighting shall be designed and located so as not to project off site or onto adjacent uses, including neighboring residential uses.
PDF 5.1-8 Outdoor lighting associated with the commercial uses shall not adversely impact the on- site or surrounding residential uses, but shall provide sufficient illumination for access and security purposes.
PDF 5.1-9 Automatic timers shall be programmed to maximize personal safety at night while conserving energy.
PDF 5.1-10 Sign illumination shall not interfere or distract from adjacent properties and street traffic, and light sources shall be directed to prevent glare from being seen by passing traffic.
Landscape Design
Landscape design shall establish an identity and theme for the Project and shall be an overall unifying element, transcending parcel boundaries and defining open space areas. Accordingly, each landscape treatment shall incorporate a distinct theme tree to fu rther define the different areas and roadways within the Project Site . Figure 3.0 -6, Conceptual Landscape Corridor Plan, identifies the conceptual landscape corridors for Project roadways. Rock gardens and water features shall also be allowed by the Specific Plan to enhance the landscape elements . The Specific Plan shall limit the use of these areas to key landscape areas for the purpose of water conservation.
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Each project and Planning Area shall be required to connect to adjacent open spaces through the use of greenbelts or landscaped pedestrian walkways.
The recommended p lant palette for the Section 24 Specific Plan emphasizes the use of native planting and is encouraged in “Article VII -Landscaping” of the Tribal Land Use Ordinance. The plant palette shall use drought-tolerant materials in consideration of the desert climate and the Tribe’s water conservation efforts. A detailed list of these plants is included in the Section 24 Specific Plan, Chapter 4.5, Table 2, Landscape Corridor Plant Palette. The plant material shall consist of primarily desert evergreen flowering trees with palm tree accents, flowering shrubs, ground covers, and vines. The use of this vegetation shall match existing surrounding landscape to give unity and identity to the community.
4. Project Impacts
Have a substantial adverse effect on a scenic vista
Active Adult Community
The Active Adult Community would accommodate 1,200 single family dwelling units on 313 acres of land at an overall density of up to 3. 8 units per acre. Building heights will be primarily one story with some potential for two story units within the interior of the community. This area will have a maximum height of 20 feet in height, and 28 feet in height in the Single Family Attached Residential Overlay Area, allowed for residential land use.
As previously stated, visual resources surrounding the Project Site include the San Jacinto and Santa Rosa Mountains to the west and south and the Little San Bernardino Mountains to the north , as previously stated. Potential viewers are anyone located within the vicinity of the Project Site, specifically the existing resort and country club uses south of the Project Site across Dinah Shore Drive and west across Los Alamos Road. The Westin Mission Hills Resort and the Mission Hills Country Club are surrounded by a 5 to 8 foot high wall that limits the view from the street of the residences. Single -story residential rooftops can be viewed from Los Alamos Road. Figure 4.0-1c shows that parkway alo ng the south side of Dinah Shore Drive. The rooftops of single story buildings are not visible from the street; however, the multi -story buildings are visible. The Santa Rosa Mountains and San Jacinto are visible from Dinah Shore Drive looking south and west.
Development of the Project Site would incorporate designs similar to current surrounding land uses. The Project Design Features, as stated earlier, would include standards in grading, building design, form, lighting design, and landscape design. These PDFs would ensure that the Project would be consistent with height, density, and elevation of the surrounding land uses to the south and west. The PDFs include street improvements and landscaping along the northern side of Dinah Shore Drive and along the Meridian Consultants 5.1-12 Section 24 Specific Plan Project 044-001-13 November 2014
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eastern side of Los Alamos Road. Rock gardens and water features would also be allowed by the Specific Plan to enhance the landscape elements. The plant palette would use drought -tolerant materials in consideration of the desert climate and the Tribe’s water conservation efforts. The plant material will consist of primarily desert evergreen flowering trees with palm tree accents, flowering shrubs, groundcovers, and vines. The use of this vegetation would match existing surrounding landscape to give unity and identity to the community.
Figure 3.0- 17 illustrates the difference in elevation of the Project Site. The grading height of the southern side of the Active Adult Community would be consistent with the Westin Mission Hills Resort to the south ranging fro m approximately 330 feet amsl to 350 feet amsl and with the Mission Hills Country Club to the west ranging from approximately 330 feet amsl to 340 amsl. Therefore, the Project would not significantly limit views along Dinah Shore Drive and Los Alamos Road of the San Jacinto and Santa Rosa Mountains to the south and west. Additionally, the proposed residential buildings in the Active Adult Community would be limited to 20 and 28 feet in height similar to the Westin Mission Country Club uses to the west and i n contrast to the existing multi-story buildings in the Westin Mission Hills Resort to the south. The residential buildings within the Active Adult Community would be setback from Dinah Shore Drive and Los Alamos Road similar to the uses to the south and west.
The scenic vistas and public viewpoints along Dinah Shore Drive and Los Alamos Road would not be substantially obstructed or adversely impacted by the Project Site because the final elevation, building heights, and landscaping along Dinah Shore Drive and Los Alamos Road would be similar to that of the surrounding land uses. Accordingly, impacts would be less than significant.
Tribal Planning Areas
The Project would alter views of surrounding visual resources and would also alter the visual character of the P roject Site and surrounding area. The Project Site would be developed pursuant to the Section 24 Specific Plan, which would allow for mixed -use master-plan that would include multi-family residential, commercial, retail, office, restaurant, and entertainment uses.
Development would be controlled by the design standards and guidelines in the Specific Plan, which require large minimum setbacks for development. Building to building setbacks will be a minimum of 20 feet and will be setback from the curb one foot for every foot of building height. For example, the maximum height of a commercial building will be 42 feet and, as such, will require a minimum building setback of 42 feet. Providing adequate building setbacks will ensure that scenic vistas from various vantage points, such as surrounding roadways, are preserved. The Specific Plan also outlines other provisions that would help preserve scenic vistas, such as the placement of buildings and structures, and the landscaping and architectural design parameters . These provisions would be consistent with the Meridian Consultants 5.1-13 Section 24 Specific Plan Project 044-001-13 November 2014
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architectural design, landscaping, and signage of existing and proposed land uses surrounding the Tribal Planning Areas.
Section 13 is located north of Ramon Road and is zoned for commercial develo pment. The proposed resort and commercial land uses will be developed south of Ramon Road within the Project Site. Project development of commercial and resort uses would be consistent with the proposed land uses within Section 13. The Agua Caliente Casino Resort Spa and Section 19 are east of Project Site and are zoned for resort and retail uses along Bob Hope Drive. The Tribal Planning Areas will be developed with similar resort and retail uses as those identified within Section 19 along Bob Hope Drive . The Project would not damage scenic resources because of its consistency with surrounding land uses.
The existing elevation along the southern portion of Section 13 ranges from approximately 250 feet amsl to 310 feet amsl. The northern portion of the Tribal Planning Areas would have elevations ranging from 260 to 320 feet amsl from east to west. The northeast corner would be elevated approximately 10 feet above the intersection of Ramon Road and Bob Hope Drive to accentuate the future land uses.
Elevations along the Project Site would gradually increase from east to west along Ramon Road similar to existing conditions. The existing elevations along Bob Hope Drive within Section 19 increase from 270 amsl to 340 amsl north to south. The eastern portion of the Tribal Planning Areas would have elevations ranging from 260 feet to 350 feet amsl north to south. Elevations along the Project Site would gradually increase from north to south along Bob Hope Drive similar to existing conditions. Therefore, the maximum height limitations, setbacks from Ramon Road and Bob Hope Drive, and the proposed final elevations within the Tribal Planning Areas would not substantially limit the views of the San Jacinto and Santa Rosa Mountains to the south and west when viewing from these respective roadways.
A vertical division of approximately 20 feet has been created to separate the Active Adult Community from the balance of the Tribal Planning Areas, as shown in Figure 3.0- 13. A slope to the north, northeast, and east would be provided at a maximum slope of 3 to 1 at the property line between the Active Adult Community and the Tribal Planning Areas. The maximum heights allowed within the Tribal Planning Areas would not block the views of the Little San Bernardino Mountains to th e north from the Active Adult Community. Furthermore, the minimum setbacks and maximum heights of the Tribal Planning Areas would not substantially limit the views from residential uses to the west along Los Alamos Road and south along Dinah Shore Drive to the north of the Little San Bernardino Mountains.
Motorists traveling along the I-10 have obscured or partially obscured views of the Santa Rosa Mountains due to the existing dense and mature vegetation (trees and shrubs) along the UPRR mainline south of the I-10. In addition, the elevation of the I -10 is approximately 250 feet amsl. The elevation of the Project Site would remain consistent with the existing elevations of the Project Site, which range Meridian Consultants 5.1-14 Section 24 Specific Plan Project 044-001-13 November 2014
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from 260 feet amsl to 350 feet amsl in the center of the Project Site. Due to the elevation of the I-10 and the dense vegetation, views of the Project Site would be obscured for motorists traveling along the I -10.
Additionally, the height of Santa Rosa Mountains will remain a scenic backdrop to I-10 motorists.
Development of the Project would not have a substantial adverse impact on scenic vistas along surrounding roadways or from surrounding vantage points in the Project Site . Accordingly, impacts would be less than significant.
Substantially damage scenic resources
Active Adult Community
A significant impact may occur if a project were to introduce incompatible visual elements on the Project Site or visual elements that would be incompatible with the character of the area surrounding the Project Site. The Project Site is currently vacant with minimal vegetation and consists primarily of a large sand dune. The Project Site is bordered on the south by the Westin Mission Hills Resort and to the west by the Mission Hills Country Club. As previously discusse d in Section B.3 , the edges of the Project Site will be consistent with the visual character of the Westin Mission Hills Resort to the south and the Mission Hills Country Club to the west. The edges along Dinah Shore Drive and Los Alamos Road would be designed with drought -tolerant materials consist ing of desert evergreen flowering trees with palm tree accents, flowering shrubs, ground covers and vines. The use of this vegetation would generally match existing surrounding landscape to give unity and identity to the community.
A detailed landscape planting plan would be required for all project entries as shown in Figure 3.0-6, as well as Dinah Shore Drive and Los Alamos Road perimeter. The Project would , therefore, not substantially damage scenic resources with in the Project Site nor would it conflict with existing surrounding land uses. Accordingly, impacts would be less than significant.
Tribal Planning Areas
The Project Site is currently vacant with minimal vegetation and consists primarily of a large sand dune.
The Tribal Planning Areas will be located on the north and east portion of the Project Site and will act as a gateway into the City from the I -10 Freeway. No scenic resources , such as trees, rock outcrops, or historic buildings, are currently within the Project Site. Therefore, the Project would not damage scenic resources.
Furthermore, similar to the Active Adult Community, the Tribal Planning Areas will be designed consistent with the proposed commercial uses to the north and east and will provide landscaped Meridian Consultants 5.1-15 Section 24 Specific Plan Project 044-001-13 November 2014
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corridors along Project roadways to enhance the Project Site. Accordingly, impacts would be less than significant.
Substantially degrade the existing visual character or quality of the site Active Adult Community
The Active Adult Community will be a gated community that is master planned within the context of four neighborhoods with residential and open space amenities. The Project would be subject to the provisions outlined in the Section 24 Specific Plan.
Chapter 5, Development Regulations of the Section 24 Specific Plan , outlines specific development standards that would ensure that buildings and structures proposed within the P roject Site would be developed to be sensitive to and compatible with existing and future surrounding land uses. The Active Adult Community would have residential buildings that would have a maximum height of 20 and 28 feet similar to residential buildings to the west within the Westin Mission Hills Country Club . Chapter 6, Design Guidelines, of the Specific Plan includes standards and guidelines that would ensure high quality design and creativity in site planning and architectural design, while allowing for variation and flexibility.
Chapter 4, Specific Plan Concepts, of the Specific Plan provides standards and guidelines for the treatment of areas within the Active Adult Community , including the surrounding streets, parkways, development edges, project entries, and open space areas , as shown in Figure 3.0-5 , Conceptual Open Space Plan, and Figure 3.0-6. The landscape palette in Chapter 4 not only provides a selection of desert - friendly trees and landscaping for the Project, but also includes ornamental varieties of trees, shrubs, groundcovers, and vines that would provide seasonal interest, color, texture, and form that would be appropriate to various land uses and areas of the Active Adult Community . Therefore, the Active Adult Community will be designed with uses and landscaping consistent with the uses to the south and west.
Accordingly, impacts would be less than significant.
Tribal Planning Areas
The visual features of the Tribal Planning Areas would include multi-family residential, retail, mixed- use buildings and structures, ancillary structures and facilities, surface parking areas, and other roadway improvements. It will support development that is more compact and urban than the low scale, resort - oriented patterns currently found in the surrounding communities. With the clustering of buildings, the Project will provide smaller, more intimate plazas and elaborate streetscapes, while also offering opportunities for larger parkland settings for future residents and visitors. Chapter 5, Development Regulations, of the Section 24 Specific Plan outlines specific development standards that would ensure that buildings and structures proposed within the Tribal Planning Areas would be developed to be sensitive to and compatible with existing and future surrounding land uses. The Tribal Planning Areas Meridian Consultants 5.1-16 Section 24 Specific Plan Project 044-001-13 November 2014
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would have multi -family residential buildings that would have a maximum height of 36 feet and mixed uses would have a maximum height of 42 feet.
Although the Project would substantially alter the visua l appearance of the Project Site from vacant to developed land, adherence to the development standards and design guidelines outlined in the Section 24 Specific Plan , and development of the proposed mix of land uses within the Project S ite, would ensure that the Project Site would be developed as a high-quality master planned community and would not negatively impac t the aesthetic appearance of the Project Site or surrounding area. Accordingly, impacts would be less than significant.
Create substantial light or glare which would adversely affect views Active Adult Community and Tribal Planning Areas
The only light and glare sources in the P roject Site are from street lights and billboards along Dinah Shore Drive and Bob Hope Drive and from the Agua Caliente Casino Resort Spa to the northeast, and minimal light from the residential and commercial uses south of the Project Site, across Dinah Shore Drive. Another source of glare and nightti me light in the Project Site includes vehicular traffic along surrounding roadways.
Future development in accordance with the Section 24 Specific Plan would cause the introduction of new light and glare sources t ypical of residential, commercial, entertainment, office uses and recreational lighting in the Project Site. The existing billboards along Dinah Shore Drive within the Active Adult Community will be removed within a predetermined number of days. The billboards along Dinah Shore Drive and Bob Hope Drive within the Tribal Planning Areas would remain, and as development occurs, billboards would be removed. During the interim period prior to construction within the Tribal Planning Areas, the billboards would be a distance far enough from the Active Adult Community to not result in significant nighttime illumination. Nighttime illumination would also be used to highlight building design and landscape features and to create a feeling of security and safety for pedestrians and vehicles. Other sources of light would include security lighting, nighttime traffic, and sign illumination.
Lighting from the Project Site would be visible from surrounding areas that are currently undeveloped or sparely developed.
Project Design Features PDF 5.1-1 through PDF 5.1 -10 will require that individual projects adhere to “Dark Sky-Friendly” lighting to minimize nighttime light pollution which could affect the Mount Palomar Observatory, require light fixtures to be hooded and directed downward to minimize light and direct glare impacts on neighboring properties, prohibit blinking/flashing signs, and maximize personal safety at night. Sign illumination will be directed in a manner to prevent glare from passing traffic.
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Therefore, although the Project would substantially provide additional light and glare sources, the impacts to the surrounding areas will not have a significant impact. Accordingly, impacts would be less than significant.
5. Cumulative Impacts
The evaluation of aesthetic and visual impacts is by nature a subjective exercise due to widely varying personal perceptions. However, implementation of the Project would alter views of surrounding visual resources and would also alter the visual charac ter of the Project S ite and surrounding areas. More specifically, the Project S ite would be developed pursuant to the Section 24 Specific Plan, which would allow for a mixed- use master-plan that would include residential, commercial, retail, office, restaurant, and entertainment uses . As shown on Figure 3 .0-3, Conceptual Land Use Plan, the Specific Plan designates 8 Planning Areas and their associated acreages and delineates the general amount, type, and distribution of development throughout the Project Site.
Upon development of the Project S ite and surrounding vacant lands, cumulative development would result in substantial changes to the visual character of the Project Site and add to the creation of nighttime light and glare. However, this would not constitute a significant adverse impact as the Project Site and surrounding area would be developed in accordance with the anticipated development that would occur in these areas per the City’s General Plan. Additionally, the design standards and guidelines outlined in the Section 24 Specific Plan would ensure that high quality architecture and landscaping would be provided along the Project frontages in a manner that would preserve and enhance the character of the P roject Site and surrounding land uses. Furthermore, development projects proposed on the vacant surrounding lands would be required to adhere to the strict architectural, design, and lighting standards outlined in the Specific Plan.
North of the Project Site is Section 13 which has been recently annexed by the City. This area does not have a specific plan but the area is intended to be developed as commercial and will complement the northern part of the Project Site. Directly east of Project Site is Section 19 which while currently undeveloped, has an approved Specific Plan that serves as zoning for the Project Site. The area will allow for a mixed -use development that would include commercial, retail, office, restaurant, and entertainment uses, as well as up to 1,899 residential units and 580 hotel rooms on approximately 269 acres. The Project acknowledges the upcoming development of Section 19 and has already planned to incorporate similar building designs pursuant t o the Tribe’s Building and Safety Code and /or the City’s Municipal Code.
As previously discussed, t he aesthetic impacts of the Project associated with effects upon the existing visual character of the Project Site and its surrounding area have been evaluated above and were found Meridian Consultants 5.1-18 Section 24 Specific Plan Project 044-001-13 November 2014
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to be less than significant on a project -specific basis. Potential P roject-related impacts from the generation of nighttime light and glare have been found to be less than significant, with compliance with the existing regulations, standard conditions, and provisions outlined in the Specific Plan. In consideration of the preceding factors, the Project’s contribution to cumulative aesthetic impacts would be less than considerable. Therefore, cumulative aesthetic impacts would be less than significant.
C. MITIGATION MEASURES
No Mitigation Measures are necessary.
D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
Compliance with the provisions outlined in the Specific Plan , Project Design Features PDF 5.1- 1 through
5.1-10, and existing Tribal regulations would reduce potential impacts associated with aesthetics and light and glare to a level that is less than significant. Therefore, no significant unavoidable adverse impacts relating to aesthetics and lighting would be caused by the Project.
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5.2 AIR QUALITY
This Section of the Draft EIS evaluates the potential for the proposed P roject to impact air quality on a local and regional context. More specifically, this S ection evaluates impacts associated with the Project that may potentially affect the regional and local air quality. Various federal, State , regional, and local programs and regulations related to anticipated air quality impacts are also discussed in this Section.
Emission calculations and air quality modeling completed for the Project are contained in Appendix B, Air Quality and Greenhouse Gas Emissions Model Output of the Draft EIS.
Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in the Draft EIS.
A. ENVIRONMENTAL SETTING
1. Existing Conditions
Air Pollutants of Concern
Criteria Air Pollutants
The pollutants emitted into the ambient air by stationary and mobile sources are regulated by federal and State law. These are known as criteria air pollutants and are categorized into primary and secondary pollutants. Primary air pollutants are those that are emitted directly from sources. Carbon monoxide (CO), volatile organic compounds (VOC s), nitrogen oxides (NOx ), sulfur dioxide (SO 2), coarse inhalable particulate matter ( PM10), fine inhalable particulate matter (PM 2.5), and lead (Pb) are primary air pollutants. VOC s and NO x are criteria pollutant precursors and go on to form secondary criteria pollutants through chemical and photochemical reactions in the atmosphere. Ozone (O 3) and nitrogen dioxide (NO2) are the principal secondary pollutants.
A brief description of the criteria pollutants follows. • Ozone (O3). O3 is a gas that is formed when VOCs and NOx, both byproducts of internal combustion engine exhaust and other sources, undergo slow photochemical reactions in the presence of sunlight. O3 concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant. • Volatile organic compounds (VOCs). VOCs are compounds comprised primarily of atoms of hydrogen and carbon. Internal combustion associated with motor vehicle usage is the major source of hydrocarbons. Adverse effects on human health are not caused directly by VOCs, but rather by reactions of VOCs to form secondary air pollutants, including O 3. VOCs are also referred to as reactive organic compounds (ROCs) or reactive organic gases (ROGs). VOCs thems elves are not “criteria” pollutants; however, they contribute to formation of O3. 12-390
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• Nitrogen dioxide (NO2). NO2 is a reddish -brown, highly reactive gas that is formed in the ambient air through the oxidation of nitrogen monoxide (NO). NO 2 is also a byproduct of fuel combustion.
The principle form of NO 2 produced by combustion is NO, but NO reacts quickly to form NO 2, creating the mixture of NO and NO 2 referred to as NO x. NO2 acts as an acute irritant and, in equal concentrations, is more injurious than NO. A t atmospheric concentrations, however, NO x is only potentially irritating. NO 2 absorbs blue light, the result of which is a brownish -red cast to the atmosphere and reduced visibility.
• Carbon monoxide (CO). CO is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surface-based inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines, un like ozone, and motor vehicles operating at slow speeds are the primary source of CO in the basin, the highest ambient CO concentrations are generally found near congested transportation corridors and intersections. • Sulfur dioxide (SO2). SO2 is a colorless, extremely irritating gas or liquid. It enters the atmosphere as a pollutant mainly as a result of burning high -sulfur-content fuel oils and coal and from chemical processes occurring at chemical plants and refineries. When SO 2 oxidizes in the atmosphere, it forms sulfates (SO4).
• Respirable particulate matter (PM 10). PM10 consists of extremely small, suspended particles or droplets 10 microns or smaller in diameter. Some sources of PM 10, like pollen and windstorms, are naturally occurring. However, in populated areas, most PM 10 is caused by road dust, diesel soot, combustion products, abrasion of tires and brakes, and construction activities. • Fine particulate matter (PM2.5). PM2.5 refers to particulate matter that is 2.5 microns or smaller in size. The sources of PM2.5 include fuel combustion from automobiles, power plants, wood burning, industrial processes, and diesel- powered vehicles such as buses and trucks. These fine particles are also formed in the atmosphere when gases such as sulfur dioxide, NOx, and VOCs are transformed in the air by chemical reactions.
• Lead (Pb). Pb occurs in the atmosphere as particulate matter. The combustion of leaded gasoline is the primary source of airborne lead in the basin. The use of leaded gasoline is no longer permitted for on -road motor vehicles, so most such combustion emissions are associated with off- road vehicles such as racecars that use leaded gasoline. Other sources of Pb include the man ufacturing and recycling of batteries, paint, ink, ceramics, ammunition, and secondary lead smelters.
At the federal level, the United States Environmental Protection Agency (USEPA) is responsible for the implementation of portions of the Clean Air Act (CAA) dealing with certain mobile sources of air emissions and other requirements. Charged with handling global, international, national, and interstate air pollution issues and policies, the USEPA sets national vehicle and stationary source emission 12-391
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standards, oversees approval of all State Implementation Plans 1, provides research and guidance for air pollution programs, and sets National Ambient Air Quality Standards (NAAQS). The NAAQS for six common air pollutants (ozone, particulate matter PM 10 and PM2.5, nitrogen dioxide, CO, lead, and sulfur dioxide) were identified from the provisions of the CAA of 1970.
The California Clean Air Act, signed into law in 1988, requires all areas of the State to achieve and maintain the California Ambient Air Quality Standards (CAAQS) by the earliest practicable date. The California Air Resources Board (CARB), a part of the California Environmental Protection Agency, is responsible for the coordination and administration of both State and federal air pollutio n control programs within California. In this capacity, the CARB conducts research, sets State ambient air quality standards, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. The CARB establ ishes emissions standards for motor vehicles sold in California, consumer products, and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions.
The NAAQS and CAAQS for each of the monitored pollutants and their effects on health are summarized in Table 5.2-1, Ambient Air Quality Standards.
Table 5.2-1
Ambient Air Quality Standards
Air
Pollutant
Concentration/Averaging Time
Most Relevant Health Effects
State Standard
(CAAQS)
Federal Primary
Standard (NAAQS)
Ozone 0.09 ppm, 1-hour
0.070 ppm, 8-hour
0.075 ppm, 8-hour
(a) Pulmonary function decrements and localized
lung edema in humans and animals; (b) Risk to public
health implied by alterations in pulmonary
morphology and host defense in animals; (c)
Increased mortality risk; (d) Risk to public health
implied by altered connective tissue metabolism and
altered pulmonary morphology in animals after long-
term exposures and pulmonary function decrements
in chronically exposed humans; (e) Vegetation
damage; and (f) Property damage
Nitrogen
dioxide
0.18 ppm, 1-hour
0.030 ppm, annual
100 ppb, 1-hour
0.053 ppm, annual
(a) Potential to aggravate chronic respiratory disease
and respiratory symptoms in sensitive groups; (b)
Risk to public health implied by pulmonary and extra-
pulmonary biochemical and cellular changes and
pulmonary structural changes; and (c) Contribution
1 A State Implementation Plan is a document prepared by each state describing existing air quality conditions and measures that will be followed to attain and maintain National Ambient Air Quality Standards. 12-392
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Air
Pollutant
Concentration/Averaging Time
Most Relevant Health Effects
State Standard
(CAAQS)
Federal Primary
Standard (NAAQS)
to atmospheric discoloration
Carbon
monoxide
20 ppm, 1-hour
9.0 ppm, 8-hour
35 ppm, 1-hour
9 ppm, 8-hour
(a) Aggravation of angina pectoris and other aspects
of coronary heart disease; (b) Decreased exercise
tolerance in persons with peripheral vascular disease
and lung disease; (c) Impairment of central nervous
system functions; and (d) Possible increased risk to
fetuses
Sulfur
dioxide
0.25 ppm, 1-hour
0.04 ppm, 24-hour
75 ppb, 1-hour
0.14 ppm, 24-hour
Bronchoconstriction accompanied by symptoms,
which may include wheezing, shortness of breath and
chest tightness, during exercise or physical activity in persons with asthma
Respirable
particulate
matter
50 µg/m3, 24-hour
20 µg/m3, annual
150 µg/m3, 24-
hour
50 µg/m3, annual
(a) Exacerbation of symptoms in sensitive patients
with respiratory or cardiovascular disease; (b)
Declines in pulmonary function growth in children;
and (c) Increased risk of premature birth
Fine
particulate
matter
12 µg/m3, annual 35 µg/m3, 24-hour
15 µg/m3, annual
(a) Exacerbation of symptoms in sensitive patients
with respiratory or cardiovascular disease; (b)
Declines in pulmonary function growth in children;
and (c) Increased risk of premature birth
Lead 1.5 µg/m3, 30-day 0.15 µg/m3, 3-
month rolling
(a) Learning disabilities; and (b) Impairment of blood
formation and nerve conduction
Visibility-
reducing
particles
In sufficient
amount such that
the extinction
coefficient is
greater than 0.23
inverse kilometers
at relative
humidity less than
70 percent, 8-hour
average (10 AM–6
PM)
N/A Visibility impairment on days when relative humidity is less than 70 percent
Sulfates 25 µg/m3, 24-hour N/A (a) Decrease in lung function; (b) Aggravation of asthmatic symptoms; (c) Aggravation of
cardiopulmonary disease; (d) Vegetation damage; (e)
Degradation of visibility; and (f) Property damage
Hydrogen
sulfide
0.03 ppm, 1-hour None Odor annoyance
Vinyl
chloride
0.01 ppm, 24-hour None Known carcinogen
Source: SCAQMD, 2012 Air Quality Management Plan, (2012, Table 2-1, p. 2-3). California Air Resources Board, California Ambient Air Quality Standards (CAAQS), http://www.arb.ca.gov/research/aaqs/caaqs/caaqs.htm.
Note: µg/m3 = microgram per cubic meter; NAAQS = National Ambient Air Quality Standards; ppm = parts per million by volume.
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Toxic Air Contaminants
In addition to criteria pollutants, the South Coast Air Quality Management District ( SCAQMD) periodically assesses levels of toxic air contaminants (TACs) in the Air Basin. California Health and Safety Code, Section 39655 provides:
“Toxic air contaminant” means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health.
A substance that is listed as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)) is a toxic air contaminant.
Between April 2004 and March 2006, SCAQMD conducted the Multiple Air Toxics Exposure Study III (MATES III), which is a follow-up to previous MATES I and II air toxics studies conducted in the Salton Sea Air Basin (Air Basin). SCAQMD issued the MATES III Final Report in September 2008.
The MATES III study, based on actual monitored data throughout the Air Basin, consisted of several elements. These included a monitoring program, an updated emissions inventory of TACs, and a modeling effort to characterize carcinogenic risk across the Air Basin from exposure to TACs. The MATES III study applied a 2 -kilometer (1.24-mile) grid over the Air Basin and reported carcinogenic risk within each grid space (covering an area of 4 square kilometers or 1.54 square miles). The study concluded the average of the modeled air toxics concentrations measured at each of the monitoring stations in the Air Basin equates to a background cancer risk of approximately 1,200 in 1,000,000 primarily due to diesel exhaust. The MATES III study also found lower ambient concentrations of most of the measured air toxics compared to the levels measured in the previous MATES II study conducted during 1998 and 1999. Specifically, benzene and 1,3 -butadiene, pollutants generated mainly from vehicles, were do wn 50 percent and 73 percent, respectively.
2 The reductions were attributed to air quality control regulations and improved emission control technologies.
Regional
The Project Site lies within the Air Basin, which spans the Coachella Valley portion of the County of Riverside and the entire County of Imperial. Air quality management of the Riverside County portion of the Air Basin is overseen by SCAQMD. The Riverside County portion of the Air Basin is bound by the San Jacinto Mountains to the west and spans eastward up to the Palo Verde Valley. The Air Basin and the adjacent Mojave Desert Air Basin were previously included in a single large air basin known as the
2 SCAQMD, Multiple Air Toxics Exposure Study in the South Coast Air Basin (MATES III) – Final Report (2008). 6-2. 12-394
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Southeast Desert Air Basin. However, the California Air Resources Board (CARB) has subdivided this larger basin into the two separate air basins that are in place today.
The Air Basin is classified as having a desert climate characterized by low precipitation, hot summers, mild winters, low humidity, and strong temperature inversions. The annual average temperature varies little throughout the Air Basin , ranging from the low 40s to the high 100s, measured in degrees Fahrenheit (°F). The Western Regional Climate Center (WRCC) maintains historical climate information for the western U.S., including the City of Palm Springs , which is the closest meteorological monitoring station to the Project Site (Station ID No. 046635). According to this Station , the average maximum temperature in the local vicinit y is 108.2°F in July. The average minimum temperature is reported at
42.3°F in December and January.
Air pollutant emissions within the region are primarily generated by stationary and mobile sources.
Stationary sources can be divided into two major subcategories: point and area sources. Point sources occur at a specific location and are often identified by an exhaust vent or stack at a facility. Portable diesel generators and other similar equipment also are considered to be stationary sources of air emissions. Area sources are widely distributed and can include such sources as residential and commercial water heaters, painting operations, lawn mowers, agricultural fields, parking lots, and some consumer products.
Mobile sources refer to emissions from motor vehicles, including tailpipe and evaporative emissions, and are classified as either on -road or off- road. On-road sources may be legally operated on roadways and highways. Off-road sources include aircraft, ships, trains, and self-propelled construction equipment.
Air pollutants can also be generated by the natural environment, such as when high winds suspend fine dust particles. The main source of pollutants near the Project Site includes mobile emissions generated from both on-road and off-road vehicles.
The USEPA and CARB designate air basins where ambient air quality standards are exceeded as “nonattainment” areas. If standards are met, the area is designated as an “attainment” area. If there is inadequate or inconclusive data to make a definitive attainment designation, they are considered “unclassified.” Federal nonattainment areas are further designated as marginal, moderate, serious, severe, or extreme as a function of deviation from standards.
The current attainment designations for the Salton Sea Air Basin are shown in Table 5.2-2, Salton Sea Air Basin Attainment Status. The Salton Sea Air Basin is currently designated as being in nonattainment for the federal ozone, PM 10, and PM 2.5, nonattainment for the State PM 10 and unclassified for State 12-395
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PM2.5 standards. Areas where air pollution levels persistently exceed the State or national ambient air quality standards may be designated "nonattainment." A Severe 15 nonattainment designation indicates an area in nonattainment has 15 years to attain the standard.
Table 5.2-2
Salton Sea Air Basin Attainment Status
Pollutant State Status National Status
Ozone Nonattainment Severe 15 Nonattainment
Carbon Monoxide Attainment Attainment
Nitrogen Dioxide Attainment Attainment
Sulfur Dioxide Attainment Unclassified
PM10 Nonattainment Serious Nonattainment
PM2.5 Attainment Unclassified/Attainment
Source: State Status from CARB, Ambient Air Quality Standards, http://www.arb.ca.gov/desig/desig.htm, accessed May 13, 2014.
In relation to other areas of southern California, the Agua Caliente Indian Reservation has good air quality. In the past few decades, however, noticeable deterioration of air quality has occurred due to transport of pollutants from coastal air basins to the west, primarily ozone, and locally generated coarse inhalable particulate matter (PM10) as a result of increased development and population growth, traffic, construction activity, and various site disturbances.
Local Air Quality
For evaluation purpose s, SCAQMD has divided its territory into 36 Source Receptor Areas (SRA s) with operating monitoring stations in most of the SRAs. These SRAs are designated to provide a general representation of the local meteorological, terrain, and air quality conditions within the particular geographical area.
The Project Area is located within SRA 30 in the Air Basin. SCAQMD operates two monitoring stations, one at the Palm Springs International Airport and one in the City of Indio. With greater attention being dedicated to particulate matter, monitoring for PM10 has been expanded both through temporary research and field data collecting systems, as well as the sitting of permanent wind speed and pollutant measuring devices.
Table 5.2 -3, Air Qu ality Monitoring Summary , summarizes published monitoring data from 2010 through 2012, the most recent 3 -year period available. The data shows that during the past few years, SRA 30 has exceeded the ozone and PM10 standards.
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Table 5.2-3
Air Quality Monitoring Summary
Pollutant Standards
Year
2010 2011 2012
Ozone (O3)
Maximum 1-hour concentration monitored (ppm) 0.114 0.124 0.126 Maximum 8-hour concentration monitored (ppm) 0.099 0.098 0.100 Number of days exceeding State 1-hour standard 0.09 ppm 23 21 17 Number of days exceeding State 8-hour standard 0.070 ppm 83 69 76 Number of days exceeding federal 8-hour standard 0.075 ppm 52 49 51 Nitrogen Dioxide (NO2)
Maximum 1-hour concentration monitored (ppb) 45.7 44.7 45.1 Annual average concentration monitored (ppb) 8.5 9.5 7.8 Number of days exceeding State 1-hour standard 0.18 ppm 0 0 0 Carbon Monoxide (CO)
Maximum 1-hour concentration monitored (ppm) 2 – –
Maximum 8-hour concentration monitored (ppm) 0.5 0.6 0.5 Number of days exceeding 1-hour standard 20 ppm 0 0 0
Number of days exceeding 8-hour standard 9.0 ppm 0 0 0
Sulfur Dioxide (SO2)
Maximum 1-hour concentration monitored (ppm) - - -
Maximum 24-hour concentration monitored (ppm) - - -
Number of days exceeding State 1-hour standard 0.25 ppm - - - Number of days exceeding State 24-hour standard 0.04 ppm - - - Respirable Particulate Matter (PM10)
Maximum 24-hour concentration monitored
(µg/m3)
37 42a 37
Annual average concentration monitored (µg/m3) 18.7 18.5a 16.4 Number of samples exceeding State standard 50 µg/m3 0 0a 0 Number of samples exceeding federal standard 150 µg/m3 0 0a 0 Fine Particulate Matter (PM2.5)
Maximum 24-hour concentration monitored
(µg/m3)
12.8 26.3 15.5
Annual average concentration monitored (µg/m3) 6.0 6.1 6.5 Number of samples exceeding federal standard 35 µg/m3 0 0 0
Source: South Coast Air Quality Management District, “Historical Data by Year,” (2013) http://www.aqmd.gov/smog/historical/AQ12card.pdf. a. High PM10 and PM2.5 data samples excluded in accordance with the EPA Exceptional Event Regulation due to the special events (i.e. high wind, firework activities, etc.) are as follows: PM10 (FRM) on August 28 at Indio (323 µg/m3); and PM2.5 (FRM) on July 5 at Station 060 (94.6 µg/m3). Also, the following high PM10 FEM data were excluded: July 3 (396 and 344 µg/m3) and August 28 (265 and 375 µg/m3), both dates recorded at Stations 4137 and 4157, respectively.
Note: µg/m3 = micrograms per cubic meter of air; aam = annual arithmetic mean; NA = not available; ppm = parts per million by volume of air.
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Individuals who are sensitive to air pollution include children, the elderly, and persons with preexisting respiratory or cardiovascular illness. For purposes of environmental analysis , SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24 hours, such as residences, hospitals, or convalescent facilit ies. Commercial and industrial facilities are not included in the definition because employees do not typically remain onsite for 24 hours. However, when assessing the impact of pollutants with 1 -hour or 8 -hour standards (such as nitrogen dioxide and carbo n monoxide), commercial and/or industrial facilities would be considered sensitive receptors for those purposes.
Numerous sensitive receptors surround the Project Site . The closest sensitive receptors to the site include residents in the Mission Hills communities located approximately 125 feet west of Los Alamos Road and approximately 150 feet southwest and south of Dinah Shore Drive . The Agua Caliente Resort/Casino/Spa, located at the southwest corner of Ramon Road and Bob Hope Drive , may also be considered a sensitive receptor for purposes of assessing potential health risks.
2. Regulatory Setting
Federal
At the federal level, the US EPA is responsible for the implementation of portions of the CAA that deal with certain mobile sources of air emissions and other requirements. Charged with handling global, international, national, and interstate air pollution issues and policies, the USE PA sets national vehicle and stationary source emission standards, oversees approval of all State Implementation Plans, 3 provides research and guidance for air pollution programs, and sets NAAQS.
The NAAQS were set to protect public health, including tha t of sensitive individuals, and for this reason, the standards continue to change as more medical research becomes available regarding the health effects of the criteria pollutants. The primary NAAQS define the air quality level considered necessary,
3 A State Implementation Plan is a document prepared by each state describing existing air quality conditions and measures that will be followed to attain and maintain NAAQS.
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with an adequate margin of safety, to protect the public health. 4 Other portions of the CAA, such as the portions dealing with stationary source requirements, are implemented by State and local agencies.
The 1990 amendments to the CAA identify specific emissi on reduction goals for areas not meeting the NAAQS. These amendments require both a demonstration of reasonable further progress toward attainment and incorporation of additional sanctions for failure to attain or to meet interim milestones.
The sections of the CAA that are most applicable to the Project include Title I, Nonattainment Provisions, and Title II, Mobile Source Provisions.
The NAAQS were also amended in July 1997 to include an 8-hour standard for O3 and to adopt a NAAQS for PM2.5. The NAAQS wer e amended in September 2006 to include an established methodology for calculating PM2.5, as well as revoking the annual PM10 threshold. The CAA includes the following deadlines for meeting the NAAQS within the Air Basin: (1) PM2.5 by the year 2014 and (2) 8-hour O3 by the year 2023. Although the deadline for federal 1-hour O3 standard has passed, the Air Basin has yet to attain those standards; but it is continuing to implement the AQMP to attain these standards as soon as possible.
State
The California CAA, signed into law in 1988, requires all areas of the State to achieve and maintain the CAAQS by the earliest practicable date. CARB, a part of the California Environmental Protection Agency, is responsible for the coordination and administration of both State and federal air pollution control programs within California. In this capacity, CARB conducts research, sets State ambient air quality standards, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. CARB establishes emissions standards for motor vehicles, consumer products, and various types of commercial equipment sold in California. It also sets fuel specifications to further reduce vehicular emissions. T able 5.2-1 includes the CAAQS currentl y in effect for each of the criteria pollutants as well as other pollutants recognized by the State. As shown in Table 5.2 -1, the CAAQS includes more stringent standards than the NAAQS.
4 EPA, A Comprehensive Analysis of Biodiesel Impacts on Exhaust Emissions, EPA420-P-02-001 (October 2002). EPA, Office of Air and Radiation, Nitrogen Oxides: Impact on Public Health and the Environment (1997), www.epa.gov/ttn/oarpg/t1/reports/noxrept.pdf. EPA, Ozone and Your Health, EPA-452/F-99-003 (1999), www.epa.gov/air/ozonepollution/pdfs/health.pdf. EPA, Particle Pollution and your Health, EPA-452/F-03-001 (September 2003), http://epa.gov/pm/pdfs/pm-color.pdf. EPA, Health and Environmental Impacts of CO, http://www.epa.gov/airquality/carbonmonoxide/ health.html. EPA, Fact Sheet: Proposed Revisions to the National Ambient Air Quality Standards for Nitrogen Dioxide (July 22, 2009), www.epa.gov/air/nitrogenoxides/pdfs/20090722fs.pdf. 12-399
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A State Implementation Plan is a document prepared by each state descr ibing existing air quality conditions and measures that will be followed to attain and maintain the NAAQS. The State Implementation Plan for California is administered by the CARB, which has overall responsibility for Statewide air quality maintenance and air pollution prevention. The CARB also administers CAAQS for the 10 air pollutants designated in the California Clean Air Act. The 10 State air pollutants are the six NAAQS listed above (CO2, CH4, N2O, HFC, PFC, SF6) as well as visibility-reducing particulates5, hydrogen sulfide, sulfates, and vinyl chloride.
CARB Airborne Toxic Control Measure to Limit Diesel -Fueled Commercial Motor Vehicle Idling. CARB adopted a new section 2485 within Chapter 10, Article 1, Division 3, title 13 in the California Code of Regulations.
6 This measure limits the idling of diesel vehicles to reduce emissions of toxics and criteria pollutants. The driver of any vehicle subject to this section: (1) shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location; and (2) shall not idle a diesel- fueled auxiliary power system for more than 5 minutes to power a heater, air conditioner, or any ancillary equipment on the vehicle if it has a sleeper berth and the truck is located within 100 feet of a restricted area (homes and schools).
CARB Final Regulation Order, Requirements to Reduce Idling Emissions from New and In- Use Trucks.
This regulation requires that new 2008 and subsequent model -year heavy -duty diesel engines are equipped with an engine shutdown system. This system automatically shuts down the engine after 5 minutes of continuous idling operation once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged. If the parking brake is not en gaged, the engine shutdown system shuts down the engine after 15 minutes of continuous idling operation once the vehicle is stopped and the transmission is set to “neutral” or “park.” CARB Regulation for In-Use Off-Road Diesel Vehicles. On July 26, 2007, the CARB adopted a regulation to reduce diesel particulate matter and NOx emissions from in -use (existing) off-road heavy-duty diesel vehicles in California. Such vehicles are typically used in construction, mining, and industrial operations.
As similar types of diesel equipment will be used in the construction and development of the Project Site, this regulation is relevant to this Project. The regulation imposed limits on idling, buying older off-
5 Visibility-reducing particles consist of suspended particulate matter, which is a complex mixture of tiny particles that consists of dry solid fragments, solid cores with liquid coat ings, and small droplets of liquid. These particles vary greatly in shape, size and chemical composition, and can be made up of many different materials such as metals, soot, soil, dust, and salt.
6 CARB, Airborne Toxic Control Measure to Limit Diesel- Fueled Commercial Motor Vehicle Idling, www.arb.ca.gov/regact/idling/idling.htm, accessed September 30, 2012. 12-400
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road diesel vehicles, and selling vehicles beginning in 2008. It requires all vehicles to be reported to CARB and labeled in 2009; and then in 2010 begins gradual requirements to clean up their fleet by getting rid of older engines, using newer engines, and installing exhaust retrofits. The regulation requires equipment to be retrofitted or retired. The regulation takes effect in phases, requiring the largest fleets to comply by 2010, medium fleets by 2013, and smaller fleets by 2015.
Statewide Truck and Bus Rule. On December 12, 2008, the CARB approv ed a new regulation to significantly reduce emissions from existing on- road diesel vehicles operating in California. The regulation requires affected trucks and buses to meet performance requirements between 2011 and 2023. By January 1, 2023, all vehicles must have a 2010 model year engine or be modified to result in equivalent performance. The regulation applies to all on- road heavy-duty diesel-fueled vehicles with a gross vehicle weight rating greater than 14,000 pounds, agricultural yard trucks with off- road certified engines, and certain diesel fueled shuttle vehicles of any gross vehicle weight rating. Out-of-state trucks and buses that operate in California are also subject to the regulation.
Diesel Particulate Matter . Diesel-fueled vehicles are a source of diesel exhaust particulate matter (DPM), which CARB has designated as a TAC. In addition, motor vehicles are a source of other TACs that can contribute to health effects. CARB has determined that health effects are generally elevated near heavily traveled roadways. The CARB Air Quality and Land Use Handbook states, “Air pollution studies indicate that living close to high traffic and the associated emissions may lead to adverse health effects beyond those associated wi th regional air pollution in urban areas.” 7 The Air Quality and Land Use
Handbook cites several studies linking adverse respiratory health effects (e.g., asthma) to proximity to roadways with heavy traffic densities, where the distances between the roadway and the receptors were 300 to 1,000 feet. Other studies suggest that such impacts diminish with distance, and a substantial benefit occurs if the separation distance is greater than 300 to 500 feet.
The Air Quality and Land Use Handbook , which is intended to serve as a general reference guide for planning agencies to evaluate and reduce air pollution impacts associated with new projects that go through the land use decision -making process, contains general recommendations that may reduce potential health impacts by establishing a buffer zone or setback between sensitive land uses and sources of TACs. Specifically, with respect to land uses located near freeways and other heavily traveled roadways, CARB recommends that lead agencies avoid citing new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.
7 California EPA, California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, (2005), 8.
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Regional and Local
South Coast Air Quality Management District
The USEPA is responsible for the implementation of the Clean Air Act on Tribal lands; State and local agencies, such as SCAQMD and South ern California Association of Governments ( SCAG), do not have jurisdiction. However, although not required to do so , this Project will comply with SCAQMD air quality regulations. This voluntary compliance does not include submission of the Tribe to SCAQMD authority or the payment of any fees by the Tribe to SCAQMD.
SCAQMD shares responsibility with CARB for ensuring that all S tate and federal ambient air quality standards are achieved and maintained over an area of approximately 10,743 square miles. This area includes the South Coast and Salton Sea Air Basins, all of Orange County, and the non-desert portions of Los Angeles, Riverside, and San Bernardino counties. It does not include the Antelope Valley or the non- desert portion of western San Bernardino County.
SCAQMD is responsible for controlling emissions primarily from stationary sources. SCAQMD maintains air quality monitoring stations throughout the Air Basin s. SCAQMD, in coordination with the SCAG , is also responsible for developing, updating, and implementing the AQMP for the Air Basins. An AQMP is a plan prepared and implemented by an air pollution district for a county or region designated as “nonattainment” of the national and/or California ambient air quality standards. The term “nonattainment area” is used to refer to an air basin in which one or more ambient air quality standards are exceeded.
The purpose of the 2003 AQMP is to lead the South Coast Air Basin and portions of the Salton Sea Air Basin under SCAQMD jurisdiction into compliance with the 1-hour ozone and PM10 national standards. 8 The goal of the 2007 AQMP is to lead the South Coast Air Basin into compliance with the national 8-hour ozone and PM2.5 standards.
The 2003 AQMP also replaced the 1997 attainment demonstration for the federal CO standard , provided a basis for a maintenance plan for CO for the future, and updated the maintenance plan for the federal nitrogen dioxide standard that the South Coast Air Basin has met since 1992 . 9 A subsequent
AQMP for the basin was adopted by SCAQMD on June 1, 2007 .10 The 2007 AQMP outlined a detailed strategy for meeting the national health -based standards for PM 2.5 by 2015 and 8 -hour ozone by 2024
8 SCAQMD, Air Quality Management Plan (2003), www.aqmd.gov/AQMD03AQMP.htm. 9 SCAQMD (2003), 1-1.
10 SCAQMD, Final 2007 Air Quality Management Plan (2007), www.aqmd.gov/aqmp/07aqmp/index.html. 12-402
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while accounting for and accommodating future expect ed growth. The 2007 AQMP incorporated significant new emissions inventories, ambient measurements, scientific data, control strategies, and air quality modeling. Most of the reductions were to be from mobile sources, which are currently responsible for about 75 percent of all smog and particulate-forming emissions.
SCAQMD approved the 2012 AQMP on December 7, 2012. The 2012 AQMP incorporates the latest scientific and technological information and planning assumptions, including the 2012 Regional Transportation Plan/Sustainable Communities Strategy and updated emission inventory methodologies for various source categories. The 2012 AQMP outlines a comprehensive control strategy that meets the requirement for expeditious progress toward attainment with the 24 -hour PM2.5 federal ambient air quality standard with all feasible control measures and demonstrates attainment of the standard by 2014. The 2012 AQMP is also an update to the 8 -hour ozone control plan with new emission reduction commitments from a set of new control measures, which implement the 2007 AQMP’s Section 182 (e)(5) commitments.
SCAQMD is responsible for limiting the amount of emissions that can be generated throughout the Air Basins by various stationary, area, and mobile sources. Specific rules and regulations have been adopted by the SCAQMD Governing Board, which limit the emissions that can be generated by various uses/activities and that identify specific pollution reduction measures, which must be implemented in association with various uses and activities. These rules not only regulate the emissions of the federal and State criteria pollutants but also TACs and acutely hazardous materials. The rules are also subject to ongoing refinement by SCAQMD.
Among the SCAQMD rules applicable to the Pr oject are Rule 403 (Fugitive Dust) , Rule 403.1 (Supplemental Fugitive Dust Control Requirements For Coachella Valley Sources), and Rule 1113 (Architectural Coatings ). Rule 403 requires the use of stringent best available control measures to minimize PM 10 e missions during grading and construction activities. Rule 403.1 requires active operations within a Blowsand Zone stabilize new man -made deposits of bulk material and requires a fugitive dust control plan for construction projects. Rule 1113 will require reductions in the VOC content of coatings, with a substantial reduction in the VOC content limit for flat coatings to 50 grams per liter (g/L) in July 2008 .
11 Additional details regarding these rules and other potentially applicable rules are presented as follows.
11 SCAQMD, Rule 1113 Architectural Coating (amended September 6, 2013). 12-403
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Rule 403 (Fugitive Dust). This rule requires fugitive dust sources to implement Best Available Control Measures for all sources and prohibits all forms of visible particulate matter from crossing any property line. This may include application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour (mph), sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a permanent ground cover on finished sites. SCAQMD Rule 403 is intended to reduce PM 10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust (see also Rule 1186).
Rule 403.1 (Supplemental Fugitive Dust Control Requirements For Coachella Valley Sources). This rule requires the reduction or prevention of the amount of PM10 emitted in the ambient air from man-made fugitive dust sources. The provisions of this rule are supplemental to Rule 403 and apply only to fugitive dust sources in the Coachella Valley. In addition, this rule requires a fugitive dust control plan for construction projects with a disturbed surface area of more than 5,000 square feet.
Rule 1113 (A rchitectural Coatings) . This rule requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories.
Rule 1121 (Control of Nitrogen Oxides from Residential Type, Natural Gas- Fired Water Heaters ). This rule prescribes NO x emission limits for natural gas -fired water heaters with heat input rates less than 75,000 British Thermal Unit (BTU) per hour. It applies to manufacturers, distributors, retailers, and installers of natural gas-fired water heaters. In lieu of meeting these NOx limits, this rule allows emission mitigation fees to be collected from water heater manufacturers to fund station ary and mobile source emission reduction projects targeted at offsetting NO x emissions from water heaters that do not meet Rule 1121 emission standards.
Rule 1146.2 (Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers and Process Heaters). This rule requires manufacturers, distributors, retailers, refurbishers, installers , and operators of new and existing units to reduce NO x emissions from natural gas -fired water heaters, boilers, and process heaters as defined in this rule.
Rule 1186 (PM 10 Emissions from Paved and Unpaved Roads, and Livestock Operations) . This rule applies to owners and operators of paved and unpaved roads and livestock operations. The rule is intended to reduce PM 10 emissions by requiring the cleanup of material deposited onto paved roads, use of certified street sweeping equipment, and treatment of high -use unpaved roads (see also Rule 403).
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Stationary emissions sources subject to these rules are regulated through SCAQMD’s permitting process.
Through this permitting process, SCAQMD also monitors the amount of stationary emissions being generated and uses this information in developing AQMPs. The Project would be subject to SCAQMD rules and regulations to reduce specific emissions and to mitigate potential air quality impacts.
Coachella Valley PM10 State Implementation Plan
The Air Basin is designated as a serious nonattainment area for PM10 . The attainment date for serious nonattainment areas to achieve the PM10 NAAQS was 2001. After years of demonstrating attainment of the PM10 standards prior to 1999, PM10 levels during the next three years (1999-2001) did not demonstrate attainment of the annual average PM10 NAAQS. Under the federal Clean Air Act, an area can request an extension of up to five years to attain the PM 10 NAAQS if certain requirements are met, including creation of a State Implementation Plan (SIP) that demonstrates expeditious attainment of the standards. Thus, SCAQMD established additional strategies for the control of PM10 in the Coachella Valley PM10 State Implementation Plan (CVSIP), which was most recently updated in 2003. The 2003 CVSIP updates the emission inventories, emission budgets, and attainment modeling for the Air Basin. 2012 AQMP
The 2012 AQMP also addresses several State and federal planning requirements, incorporating new scientific information, primarily in the form of updated emissions inventories, ambient measurements, and new meteorological air quality models. This Plan builds upon the approaches taken in the 2007 AQMP for the South Coa st Air Basin for the attainment of federal PM and ozone standards, and highlights, and highlights the significant amount of reductions needed and the urgent need to engage in interagency coordinated planning to identify additional strategies, especially in the area of mobile sources, to meet all federal criteria pollutant standards within the timeframes allowed under the federal Clean Air Act.
The AQMP provides local guidance for the SIP, which provides the framework for air quality basins to achieve attainment of the State and federal ambient air quality standards. Areas that meet ambient air quality standards are classified as attainment areas, while areas that do not meet these standards are classified as nonattainment areas. Severity classifications for ozone nonattainment range in magnitude:
marginal, moderate, serious, sever, and extreme.
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SCAQMD Air Quality Analysis Guidance Handbook
In 1993, SCAQMD prepared its CEQA Air Quality Handbook to assist local government agencies and consultants in preparing environmental documents for projects subject to CEQA. 12 However, SCAQMD is in the process of developing its Guidance Handbook to replace the CEQA Handbook . The CEQA Handbook and the Guidance Handbook describe the criteria that SCAQMD uses when reviewing and commenting on the adequacy of environmental documents. The Guidance Handbook provides the most up-to-date recommended thresholds of significance in order to determine if a project will h ave a significant adverse environmental impact. Other important subjects covered in the CEQA Handbook and the Guidance Handbook include methodologies for estimating project emissions and mitigation measures that can be implemented to avoid or reduce air quality impacts. Although the Governing Board of SCAQMD has adopted the CEQA Handbook and is in the process of developing the Guidance Handbook, SCAQMD does not, nor does it intend to, supersede a local jurisdiction’s CEQA procedures.13 While the Guidance Handbook is being developed, supplemental information has been adopted by SCAQMD. These include revisions to the air quality significance thresholds and a procedure referred to as “localized significance thresholds,” which has been added as a significance threshold under the Local Significance Threshold ( LST) Methodology.
14 The applicable portions of the CEQA Handbook , the
Guidance Handbook, and other revised methodologies were used in preparing the air quality analysis in this Section, as discussed and referenced later in this Section.
Southern California Association of Governments
SCAG is the authorized regional agency for intergovernmental review of programs proposed for federal financial assistance and direct development activities. SCAG consists of local governments from Los Angeles, Ventura, Orange, San Bernardino, Riverside, and Imperial counties. SCAG is also responsible f or the designated Regional Transportation Plan, including its Sustainable Communities Strategy component pursuant to SB 375. The Sustainable Communities Strategy has been formulated to reduce greenhouse gas (GHG) emissions from passenger vehicles by 8 perc ent per capita by 2020 and 13 percent per capita by 2035 compared to 2005 targets set by the California Air Resources Board.
The 2012 –2035 Regional Transportation Plan/Sustainable Communities Strategies (RTP/SCS) links the goal of sustaining mobility with the goals of fostering economic development, enhancing the environment, reducing energy consumption, promoting transportation -friendly development patterns,
12 SCAQMD, Air Quality Analysis Guidance Handbook (2010), http://www.aqmd.gov/CEQA/hdbk.html. 13 SCAQMD, Frequently Asked CEQA Questions (2010), http://www.aqmd.gov/ceqa/faq/html. 14 SCAQMD, Final Localized Significance Threshold Methodology (2008). 12-406
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and encouraging fair and equitable access to residents affected by socioeconomic, geographic and commercial limitations.
B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant impact to air quality, if it would:
Threshold 5.2-1: C onflict with or obstruct implementation of the applicable air quality plan? Threshold 5.2-2: V iolate any air quality standard or contribute substantially to an existing or projected air quality violation?
Threshold 5.2-3: R esult in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
Threshold 5.2-4 : E xpose sensitive receptors to substantial pollutant concentrations? Threshold 5.2-5: C reate objectionable odors affecting substantial number of people? Under CEQA, SCAQMD is a commenting agency on air quality within its jurisdiction or impacting its jurisdiction. Under the Federal CAA, SCAQMD has adopted federal attainment plans for O 3 and PM10.
SCAQMD reviews projects to ensure that they would not: (1) cause or contribute to any new violation of any air quality standard; (2) increase the frequency or severity of any existing violation of any air quality standard; or (3) delay timely attainment of any air quality standard or any required interim emission reductions or other milestones of any federal attainment plan.
SCAQMD has identified thresholds to determine the significance of both local air quality impacts and impacts to regional air quality for construction activities and project operation, as shown in Table 5.2-4, Mass Daily Emissions Thresholds.
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Table 5.2-4
Mass Daily Emissions Thresholds
Pollutant
Construction
(pounds/day)
Operational
(pounds/day)
Volatile Organic Compounds (VOCs) 75 75
Nitrogen dioxide (NOx) 100 100
Carbon monoxide (CO) 550 550
Sulfur dioxide (SOx) 150 150
Respirable particulate matter (PM10) 150 150
Fine particulate matter (PM2.5) 55 55
Source: SCAQMD, CEQA Air Quality Handbook (November 1993).
It should be noted that the operational thresholds are the same as the construction thresholds for projects located within the Coachella Valley.
SCAQMD has identified thresholds to determine the significance of both local air quality impacts and impacts to regional air quality. The localized significance thresholds used in this analysis address whether there are potential impacts to residents of the Reservation, the City of Rancho Mirage (“City”) and nearby County residents in the residential communities and neighborhoods located around and near the Project Site. The initial review of potential local impacts involves a determination of whether emissions from the Project would exceed the LST identified by SCAQMD. Table 5.2-5, Coachella Valley LST for 5-Acre Site, shows the LST for a 5-acre site in the Coachella Valley for a sensitive receptor at 50 meters (150 feet). If the emissions exceed the LST then additional analysis is performed to determine if emissions from the Project would result in concentrations that exceed the standards in Table 5.2-5.
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Table 5.2-5
Coachella Valley LST for 5-Acre Site
Pollutant LST Threshold (pounds/day)
Construction
Nitrogen dioxide (NO2) 340
Carbon monoxide (CO) 3,237
Respirable particulate matter (PM10) 44
Fine particulate matter (PM2.5) 11
Operational
Nitrogen dioxide (NO2) 340
Carbon monoxide (CO) 3,237
Respirable particulate matter (PM10) 11
Respirable particulate matter (PM2.5) 3
Source: SCAQMD, Mass Rate LST Look-up Tables (2009).
The significance of localized project impacts depends on whether ambient CO levels in the vicinity of the proposed project are above or below State and federal CO standards. If the project causes an exceedance of either the State 1- hour or 8-hour CO concentrations, the project would be considered to have a significant local impact. If ambient levels already exceed a State or federal standard, then project emissions are considered significant if they increase 1 -hour CO concentrations by 1.0 parts per million (ppm) or more, or 8-hour CO concentrations by 0.45 ppm or more pursuant to SCAQMD Rule 1303(b).
SCAQMD’s CEQA Air Quality Handbook identifies several methods to determine the cumulative significance of land use projects (i.e., whether the contribution of a project is cumulatively considerable). However, SCAQMD no longer recommends the use of these methodologies. Instead, SCAQMD recommends that any construction -related emissions and operational emissions from individual development projects that exceed the project -specific mass daily emissions thresholds identified previously also can be considered cumulatively considerable. 15 SCAQMD neither recommends
quantified analyses of the emissions generated by a set of cumulative development projects, nor provides thresholds of significance to be used to assess the impacts associated with these emissions.
15 White Paper on Regulatory Options for Addressing Cumulative Impacts from Air Pollution Emissions, SCAQMD Board Meeting, September 5, 2003, Agenda No. 29, Appendix D, D-3. 12-409
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2. Methodology
Air Quality
Construction activities produce combustion emissions from various sources, such as on -site heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Grading activities produce fugitive dust emissions (PM 10 and PM2.5) from soil- disturbing activities. Exhaust emissions from construction activities on site would vary daily as construction activity levels change. Short-term emissions of criteria air pollutants (e.g., CO, SO x, PM10 and PM2.5) generated by Project construction and ozone precursors (e.g., VOCs and NOx) were assessed in accordance with SCAQMD -recommended methods. T hese emissions were modeled using the CARB - approved California Emissions Estimator Model (CalEEMod) computer program as recommended by SCAQMD.
CalEEMod is designed to model construction emissions for land use development projects and allows for the input of project-specific information. The program contains default settings specific to the air district, county, air basin, or State level using approved vehicle emissions factors (EMFAC 2011), established methodologies, and the latest survey data.
Compliance with Rule 403 and Rule 403.1 is mandatory for all construction projects in SCAQMD jurisdiction in the Coachella Valley. Based on the CalEEMod model, the emission calculations take into account compliance with Rule 403 and Rule 403.1 by incorporating the watering of exposed surfaces and unpaved roads three times daily, reducing speed on unpaved roads to less than 15 mph, and sweeping loose dirt from pave site access roadways. These measures are estimated to reduce fugitive dust emissions (both PM 10 and PM2.5) by a maximum of 61 percent and 44 percent, respectively, per guidance from SCAQMD.
16 Rule 403 contains other best available control measures to minimize fugitive dust emissions, but the model is not able to account for reductions. Rule 403.1 requires a dust control plan for grading areas in excess of 5,000 square feet. The air quality model also incorporated use of Tier 3 engines for off-road vehicles during construction activities, as required by CARB regulations.
Operational emissions generated by both stationary and mobile sources would result from normal day - to-day activities of the Project Site source emissions would be generated by the consumption of natural gas and landscape maintenance. Mobile emissions would be generated by the motor vehicles traveling to and from the Project Site.
Project-generated, regional area and mobile -source emissions of c riteria air pollutants and ozone precursors were also modeled using the CalEEMod computer program. CalEEMod allows land use
16 SCAQMD, California Emissions Estimator Model (CalEEMod), Version 2013.2.2 (2013). 12-410
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selections that include project location specifics and trip generation rates. CalEEMod accounts for area- source emissions from the u se of natural gas, landscape maintenance equipment, and consumer products and from mobile-source emissions associated with vehicle trip generation.
The analysis of daily operational emissions associated with the Project have been prepared using the data and methodologies identified in SCAQMD’s CEQA Air Quality Handbook and current motor vehicle emission factors in CalEEMod. Trip rates for these land uses were obtained from the traffic impact study for the Project (Appendix G).
The following assumptions were made in the CalEEMod computer program:
Land Uses
Active Adult Community
• 25-acre asphalt surfaces (for roadways)
• 425-space parking lot
• 7-acre private park
• 78-acre user defined recreational (private open space) • 23,000-square-foot recreational center
• 1,200 single-family housing units
Tribal Planning Areas
• 12,000-space parking lot
• 6-acre private park
• 72-acre retail shopping center
• 1,206 dwelling units condo/townhouse
• 25-acre asphalt surfaces (for roadways)
• 6-acre user-defined recreation (open space)
Combined
• Includes all land uses from both the Active Adult Community and Tribal Planning Areas Construction
Active Adult Community
• Construction period of approximately 6 years beginning fall 2015 and ending by spring 2021. 12-411
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• Construction would occur over six p hases: (1) Site Preparation which would last approximately 20 days, (2) Grading for approximately 9 months, (3) Trenching for approximately 5 months, (4) Building Construction for approximately 4 years, (5) Architectural Coating for approximately 5 and a half years, and (6) Paving for approximately 6 months.
• Construction would occur 5 days per week with 8-hour work days Each phase of construction would result in varying levels of intensity and the number of construction personnel. The construction workforc e would consist of approximately 18 worker trips/day during site preparation, 20 worker trips/day during grading, 20 worker trips/day during trenching, 432 worker trips/day and 129 vendor trips/day during building construction, 90 worker trips during archi tectural coating, and 15 worker trips/day during paving. The construction scenario for the Active Adult Community assumed that the entire 577 -acre site is graded, paved roadways, and trenched utilities for modeling purposes.
Tribal Planning Areas
• Construction period of approximately 12 years beginning early 2023 and ending by late 2035. • Construction would occur over two phases: (1) Building construction which would last approximately 10 years, and (2) Architectural Coating which would last approximately 8 years. • Construction would occur over 5 days per weeks and 8-hour workdays.
Each phase of construction would result in varying levels of intensity and the number of construction personnel. The construction workforce would consist of approximately 868 worker trips/day and 129 vendor trips/day during building construction, and 825 worker trips/day during architectural coating.
It is anticipated that the Project would be developed in two phases, with buildout of the first phase (Active Adult Community ) projected for 2022 and buildout of the final phase (Tribal Planning Areas) projected for 2035. No timeframe has been established for the development of the Tribal Planning Areas. However, the analysis assumes the buildout of the Active Adult Community on ly, the Tribal Planning Areas only, and a combined worst case scenario of full concurrent Project development of both.
Combined
The combined scenario includes a separate model run for a more conservative analysis. • Construction period of approximately 6 years beginning mid-2016 and ending by mid-2022. • Construction would occur over six phases: (1) Site Preparation which would last approximately 20 days, (2) Grading for approximately 9 months, (3) Trenching for approximately 5 months, (4) 12-412
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Building Construction for approximately 4 years, (5) Architectural Coating for approximately 5 and a half years, and (6) Paving for approximately 6 months.
• Construction would occur 5 days per week with 8 hour work days.
Each phase of construction would result in varying lev els of intensity and the number of construction personnel. The construction workforce would consist of approximately 18 worker trips/day during site preparation, 20 worker trips/day during grading, 20 worker trips/day during trenching, 1,300 worker trips/day and 258 vendor trips/day during building construction, 915 worker trips during architectural coating, and 15 worker trips/day during paving. The construction scenario assumed that the entire 577 - acre site is graded, paved roadways, and trenched utilities for modeling purposes.
Localized Significance Thresholds
The LST Methodology uses lookup tables based on site acreage to determine the significance of emissions for CEQA purposes. However, CalEEMod does not allow the use r to mitigate construction emissions by directly modifying acreage disturbed. CalEEMod calculates construction emissions (off-road exhaust and fugitive dust) based on the number of equipment hours and the maximum daily soil disturbance activity possible for each piece of equipment. Based o n the input parameters during grading, one scraper operating 8 hours a day would disturb 1 acre, four graders would disturb 2 acres, and four rubber tired dozers would disturb 2 acres in any given day for a total maximum of 5 acres disturbed in one day.
17 In order to compare CalEEMod reported emissions against the LST lookup tables, the environmental document should contain in its project design features or its mitigation measures the following parameters:
• The off -road equipment list (including type of equipment, horsepower, and hours of operation) assumed for the day of construction activity with maximum emissions • The maximum number of acres disturbed on the peak day using the equipment list and table from the CalEEMod appendix
• Any emission control devices added onto off-road equipment • Specific dust suppression techniques used on the day of construction activity with maximum emissions.
17 SCAQMD, Fact Sheet for Applying CalEEMod to Localized Significance Thresholds, accessed January 2014. 12-413
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LSTs are based on the ambient concentrations of that pollutant within the project SRA and the distance to the nearest sens itive receptor. If the Project’s emissions exceed the LST thresholds for NOx, CO, PM10, and/or PM2.5, then additional dispersion modeling will be conducted. Since the amount of localized emissions was greater than the LST screening threshold for PM2.5, the Industrial Source Complex-Short Term (ISTC3) model was used to assess the impact of PM2.5 emissions to the nearest sensitive receptors. The ISTC3 model is a steady -state Gaussian plume model used by the SCAQMD to develop the LST Methodology. The dispersi on modeling incorporates all relevant and appropriate procedures presented by the USEPA, SCAQMD and the California Environmental Protection Agency.
Source treatment for hearth and energy consumption were treated as side- by-side elevated volume sources unif ormly spaced at 100 meters (328 feet) with release heights of 4.57 meters (15 feet) and initial vertical dimensions of 2.13 meters (7 feet) to account for the buoyancy associated with the combustion of natural gas and elevated flue sources from a representative single family home. Fugitive dust emissions associated with landscape activities were treated as a ground -based source with a one meter (3.3 feet) vertical dimension and source area incorporating P roject Site size and configuration.
Meteorological data from the SCAQMD Palm Springs monitoring station ( SRA 30) was used to represent local weather conditions and prevailing winds. Off-site receptors were uniformly placed to provide dense coverage throughout the adjoining community. A flagpole receptor height of two meters (6.6 feet) was also assumed and assigned to each receptor location.
Other air quality impacts (i.e., CO, TACs, odors) were assessed in accordance with methodologies recommended by SCAQMD.
3. Project Design Features
The following Project Design Features (PDF s) are incorporated into the proposed Project and would reduce the potential air quality impacts of the Project. These features were taken into account in the analysis of potential impacts. Additionally, blowsand in the area would have the potential to scar buildings and vehicles.
PDF 5.2-1 Dust control measures shall be implemented by the construction contractor in all unpaved areas in full compliance with applicable SCAQMD standards including Rule 403 and Rule 403.1.
PDF 5.2-2 Buildings shall be sited and designed to maximize the use of sunlight and shade for energy savings and respect the right to solar access of nearby and adjacent buildings. Whenever appropriate, buildings shall be oriented so that the long axis of the building is oriented east–west to maximize the opportunity for north- 12-414
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and south facing windows, which receive indirect, diffused light with low heat gain for the building, reducing cooling costs during summer months.
PDF 5.2-3 The pursuit of already established sustainable best management practices, such as Leadership in Energy and Environmental Design (LEED) certification, ComfortWise and EnergyStar Home shall be utilized throughout the Project Site.
For maximum flexibility, however, developers and builders shall implement sustainable building and development practices identified within the Voluntary Green Building Program and the Voluntary Green Building Manual.
PDF 5.2-4 Builders shall participate in programs offered or sponsored by local utilities such as California EnergyStar New Homes Program, Residential Property Development Program, California Home Energy Efficiency Rating System (CHEERS) Program, and Savings by Design Program.
PDF 5.2-5 Builders shall use flooring and insulation products that are low-emitting in terms of volatile organic compounds (VOCs) and formaldehyde. Low - and zero -VOC paints, finishes, adhesives, caulks, and other substances are also recommended to improve indoor air quality and reduce the harmful health effects of off - gassing.
PDF 5.2-6 Water conservation features such as installation of low -flow toilets (20 percent reduction), low -flow shower heads (20 percent reduction), low -flow kitchen faucets, low -flow bathroom faucets (32 percent reduction), water -efficient irrigation systems (6.1 percent reduction), and an overall water conservation strategy (20 percent reduction for both indoor/outdoor uses) shall be used within the Project Site.
PDF 5.2-7 Buildings shall not be constructed with glass and wood as the primarily material because they perform poorly in environments subject to blowsand.
4. Project Impacts
Conflict with or Obstruct the Implementation of the Applicable Air Quality Plan Active Adult Community and Tribal Planning Areas
The 2012 AQMP was prepared to accommodate growth, to r educe the high levels of pollutants within the areas under the jurisdiction of SCAQMD, to return clean air to the region, and to minimize the impact on the economy . Projects that are considered to be consistent with the AQMP do not interfere 12-415
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with attainment because this growth is included in the projections utilized in the formulation of the AQMP. Therefore, project, uses, and activities that are consistent with the applicable assumptions used in the development of the AQMP would not jeopardize attainment of the air quality levels identified in the AQMP.
Section 15125 of the CEQA Guidelines requires an analysis of project consistency with applicable governmental plans and policies. In accordance with the SCAQMD CEQA Air Quality Handbook , the following criteria were used to evaluate the Project’s consistency with SCAQMD and SCAG regional plans and policies, including the AQMP:
(1) Will the project result in any of the following:
− An increase in the frequency or severity of existing air quality violations; − Cause or contribute to new air quality violations; or − Delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP?
(2) Will the project exceed the assumptions utilized in preparing the AQMP? − Is the project consistent with the population and employment growth projections upon which AQMP forecasted emission levels are based;
− Does the project include air quality mitigation measures; or − To what extent is project development consistent with the AQMP land use policies? The Air Basin is designated by the State and USEPA as nonattainment for O 3 and PM10. SCAQMD developed regional emissions thresholds, as shown in Table 5.2 -6, to determine whether a project would contribute to air pollutant violations. If a pro ject exceeds the regional air pollutant thresholds, then it would significantly contribute to air quality violations in the Air Basin.
As discussed previously, regional and localized concentrations of PM10 would be below the SCAQMD thresholds and, therefore, would not have potential to cause or affect a violation of the PM10 ambient air quality standard. Since VOCs are not a criteria pollutant, there is no ambient standard or localized threshold for VOCs. Because of the role VOCs play in ozone formation , they are classified as a precursor pollutant, and only a regional emissions threshold has been established.
Temporary emissions associated with construction of the Project would exceed SCAQMD VOC thresholds for regional emissions for the Tribal Planning Area only and the Combined Project Buildout scenarios, but not for construction of only the Active Adult Community . The Project’s construction - 12-416
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related emissions would result in a regionally significant air quality impact , even with Project Design Features and Mitigation Measures.
Long-term emissions associated with the proposed Project would exceed SCAQMD thresholds for VOC , NOx, and CO under all three analyzed operation scenarios and would result in regionally significant air quality impac ts, even with Project Design Features and Mitigation Measures . Long-term emissions associated with the Project would reduce VOC emissions approximately 22 percent, NOx emissions approximately 21 percent, and CO emissions approximately 17 percent from baseline operation conditions with Project Design Features and Mitigation Measures.
The Project’s maximum potential NOx and CO daily emissions during construction and operation were analyzed to determine potential effects on localized concentrations and to determine if there is a potential for such emissions to cause or affect a violation of an applicable ambient air quality standard.
As shown in Table 5.2-12 through Table 5.2-15, NOx and CO emissions would not exceed the SCAQMD localized significance thresholds.
Demographic growth forecasts for various socioeconomic categories (e.g., population, housing, employment), developed by SCAG for their 2012 RTP were used to estimate future emissions within the 2012 AQMP (refer to the 2012 AQMP , Chapter 3). Projects that are consistent with the growth projections are considered consistent with the AQMP. The Project would result in population growth for the region. The 2012 AQMP incorporates land use projections from the 2012 RTP/SCS , from the County General Plan Land Use Map, and from the City for this portion of the Air Basin. It is assumed that the 2012 AQMP did incorporate the land use projections for the current zoning ( Commercial Tourist, Medium D ensity Residential, and Commercial Retail). Under this zoning designation, up to 377 acres would be allowed to develop as non -residential uses and up to 240 acres would be allowed to develop residential land uses. According to the SCAG estimates, the 2008 population within the Coachella Valley Association of Governments (CVAG) subregion is 443,000 residents, with the City accounting for 17,000 residents, or 4 percent of the CVAG region. Based on SCAG data, the population projections used to estimate emissions in the 2012 AQMP for year 2035 anticipated a population of 884 ,000 within CVAG boundaries, of which the City would account for 22,900 residents. 18 The Project would house up to
2,160 residents over the age of 55 in the Active Adult Community and 2, 171 residents in the Tribal Planning Areas for a total of 4,331 residents. The Active Adult Community would account for a negligible population increase within the CVAG boundaries and approximately 9 percent of the City’s growth projection by 2035. The Tribal Planning Areas would account for a negligible increase in population
18 SCAG, 2012 Adopted Growth Forecast (April 2012).
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growth within CVAG boundaries by 2035. The Project would account for less than 1 percent of the anticipated increase of residents within the CVAG subregion and approximately 19 percent in the City between 2008 and 2035. This total is within the growth projections for the CVAG as adopted by SCAG.
As discussed in B.2, Methodology, the proposed Project would incorporate numerous energy efficiency measures and water conservation measures to reduce direct and indirect emissions. The Project would incorporate energy and water efficiency design features to enhance efficiency in all aspects of a building’s life-cycle. These designs would increase the structure’s energy efficiency, water efficiency, and overall sustainability. The Project would also exceed Title 24 energy requirements by 15 percent , consistent with the Volu ntary Green Building Program. The Project is also located in an urban area that would reduce vehicle trips and vehicles miles traveled due to the urban infill characteristics and proximity to public transit stops. These measures and features are consistent with existing recommendations to reduce air emissions . The Project would also develop a comprehensive system of pedestrian, neighborhood electric vehicle (NEV), golf cart, and bicycle travel throughout the Project Site and into the surrounding community to reduce vehicle miles traveled by personal vehicle use.
As discussed below , the Project would result in less than significant impacts with regard to localized concentrations of VOC s, NOx, CO, PM10, and PM2.5 during Project construction of the Active Adult Community. The planned uses would also be consistent with the land use and zoning designation of the Project Site. The proposed Project would accommodate a mix of commercial, retail, entertainment, resort, and residential uses within walk ing distance which would reduce the need for residents within the Project Site and surrounding area to travel long distances to other commercial and entertainment centers. This would be consistent with the SCAG, County of Riverside, and the City ’s General Plan projections and would not exceed assumptions in the AQMP and would be consistent with the Coachella Valley PM10 State Implementation Plan.
However, impacts with regard to localized concentrations of VOC s during construction of the Tribal Planning Area and regional concentrations of VOCs, NOx, and CO during operation of the Project would exceed SCAQMD regional significance thresholds. The determination of AQMP consistency is primarily concerned with the long-term influence of the Project on air quality in the Air Basin. While development of the Specific Plan would result in short -term regional and localized impacts, Project development would not have a significant long -term impact on the region’s ability to meet State and federal air quality standards. In addition, the Project would comply with SCAQMD Rules 403, 403.1, and 1113 and would implement Project Design Features and all feasible Mitigation Measures for control of VOCs, NOx, and CO . As previously discussed, the Project’s long- term influence would also be consistent with the goals and policies of the AQMP and is, therefore, considered consistent with the SCAQMD’s AQMP. 12-418
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Violate Any Air Quality Standard Or Contribute Substantially T o An Existing Or Projected Air Quality Violation
Active Adult Community
Construction Emissions
The estimated maximum daily emissions for the Active Adult Community during Project construction are listed in Table 5.2 -6, Active Adult Community Construction Emissions. These estimates are based on the expected location, size, and development of the Proj ect. The analysis assumes that all of the construction equipment and activities would occur continuously over the day and that activities would overlap. In reality, this would not occur, as most equipment operates only a fraction of each workday and many of the activities would not overlap on a daily basis.
Table 5.2-6
Active Adult Community Construction Emissions
Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Year 2015
Maximum 1.09 20.41 39.37 0.06 6.80 3.76
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2016
Maximum 4.06 29.72 59.26 0.10 3.48 1.53
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2017
Maximum 73.07 1.57 7.05 0.01 0.24 0.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2018
Maximum 73.03 1.52 6.57 0.01 0.24 0.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2019
Maximum 73.00 1.49 6.21 0.01 0.24 0.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold No No No No No No
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Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Exceeded?
Year 2020
Maximum 73.98 11.35 22.68 0.04 0.32 0.13
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2021
Maximum 73.96 11.33 23.30 0.04 0.32 0.13
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2022
Maximum 72.94 1.42 5.54 0.01 0.24 0.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Source: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns; VOC = volatile organic compound; SCAQMD = South Coast Air Quality Management District; SOX = sulfur oxide.
The primary source of NOx, CO, and SOx emissions is from construction equipment exhaust and on-road haul truck trips while the majority of particulate matter emissions would occur as a result of fugitive dust emissions generated during grading and excavation activities. Primary sources of PM10 and PM2.5 emissions would be clearing activities, excavation and grading operations, construction vehicle traffic on unpaved ground, and wind blowing over exposed earth surfaces. As shown in Table 5.2-6, construction activities associated with the development of the Active Adult Community would not exceed regional VOC, NOx, CO, SOx, PM10, and PM2.5 concentration thr esholds. Accordingly, e missions generated during construction of the Active Adult Community would result in less than significant impacts.
Operational Emissions
The estimated operational emissions are based on the development of the Active Adult Community and are presented in Table 5.2-7, Active Adult Community Operational Emissions.
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Table 5.2-7
Active Adult Community Operational Emissions
Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Maximum 106.84 49.98 309.80 0.43 26.19 8.74
SCAQMD threshold 75 100 550 150 150 55
Threshold exceeded? Yes No No No No No
Source: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
As shown in Table 5.2 -7, the operational emissions for the Active Adult Community would exceed SCAQMD’s regional thresholds of significance for VOCs and would consequently result in a potentially significant air quality impact. Emissions of VOCs are a precursor for the formation of O 3. Consequently, emissions of VOCs that exceed SCAQMD regional significance thresholds would contribute to the O 3 nonattainment designation of the Air Basin under the CAAQS and NAAQS. Mitigation Measure MM 5.2-1 would substantially reduce VOC emissions, but not to a less-than-significant level.
Tribal Planning Areas
Construction Emissions
The estimated maximum daily emissions for the Tribal Planning Areas during Project construction are listed in Table 5.2-8, Tribal Planning Areas Construction Emissions.
Table 5.2-8
Tribal Planning Areas Construction Emissions
Pollutant (pounds/day)
Year VOC NOx CO SOx PM10 PM2.5
Year 2023
Maximum 3.85 16.90 59.92 0.13 2.70 0.99
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2024
Maximum 3.75 16.79 58.98 0.13 2.70 0.99
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2025
Maximum 3.66 16.68 57.97 0.13 2.70 0.99
SCAQMD
threshold 75 100 550 150 150 55
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Pollutant (pounds/day)
Year VOC NOx CO SOx PM10 PM2.5
Threshold
Exceeded? No No No No No No
Year 2026
Maximum 3.59 16.58 57.18 0.13 2.70 0.99
SCAQMD
threshold 75 100 550 150 150 55
Exceeded
Threshold? No No No No No No
Year 2027
Maximum 126.21 20.54 88.24 0.21 4.85 1.69
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2028
Maximum 126.12 20.43 87.24 0.21 4.86 1.69
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2029
Maximum 126.03 20.32 86.25 0.21 4.86 1.69
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2030
Maximum 125.95 20.22 85.45 0.22 4.86 1.69
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2031
Maximum 125.91 20.12 85.71 0.22 4.86 1.69
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2032
Maximum 125.85 20.12 85.15 0.22 4.86 1.70
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2033
Maximum 122.47 3.82 29.95 0.09 2.16 0.70
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
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Pollutant (pounds/day)
Year VOC NOx CO SOx PM10 PM2.5
Year 2034
Maximum 122.44 3.79 29.66 0.09 2.16 0.70
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2035
Maximum 122.41 3.77 29.42 0.09 2.16 0.70
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Source: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns; VOC = volatile organic compounds; SCAQMD = South Coast Air Quality Management District; SOX = sulfur oxide.
As shown in Table 5.2-8, construction activities associated with the development of the Tribal Planning Area would not exceed regional NOx, CO, SOx, PM10, and PM2.5 concentration thresholds. However, construction activities associated with the development would exceed the VOC concentration threshold for construction years 2027 through 2035. The primary source of VOC emissions are from off-gas emissions associated with architectural coating ope rations. Architectural coatings for the proposed Project would comply with SCAQMD Regulation XI, Rule 1113 – Architectural Coating. Rule 1113 provides specifications on painting practices as well as regulating the VOC content within paint.
Mitigation Measu re MM 5.2-1 would require the use of low emission VOC paint and pre -painted construction materials where feasible. However, total mitigated VOC emissions would still exceed SCAQMD recommended threshold. Therefore, impacts from VOC emissions would be significant.
Operational Emissions
The estimated emissions are based on the development of all the proposed land uses on the Project Site within the Tribal Planning Areas , and are presented in Table 5.2 -9, Tribal Planning Areas Operational Emissions.
Table 5.2-9
Tribal Planning Areas Operational Emissions
Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Maximum 411.7 219.8 1,679.3 1.9 113.4 33.8
SCAQMD threshold 75 100 550 150 150 55
Threshold exceeded? Yes Yes Yes No No No
Source: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
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As shown in Table 5.2-9, the proposed Project’s operational emissions within the Tribal Planning Area s would not exceed regional thresholds of significance for S Ox, PM10, and PM2.5. However, operational emissions would exceed regional thresholds of significance for VOC , NOx, and CO. Emissions of VOCs and NOx are precursors for the formation of O3. Consequently, emissions of VOCs and NOx that exceed SCAQMD regional significance thresholds would contribute to the O3 nonattainment designation of the Air Basin. The primary source of VOC emissions are from off-gas emissions associated with architectural coating operations. Architectural coatings for the proposed Project would comply with SCAQMD Regulation XI, Rule 1113 – Architectural Coating. Rule 1113 provides specifications on painting practices as well as regulating the VOC content within paint. Mitigation Measure MM 5.2-1 would require the use of low emission VOC paint and pre -painted construction materials where feasible. The Air Basin is in attainment for the S tate and national CO standards. The primary source of CO is from internal combustion engines and motor vehicles operating at slow speeds. Mitigation Measure MM 5.6-10 would require the use of employment based trip and vehicle miles traveled (VMT) policies that encourage the use of alternative transportation. However, total mitigated VOC, NOx, and CO emissions would still exceed the SCAQMD recommended threshold. Therefore, impacts from VOC , NOx, and CO emissions would be significant.
Combined (Active Adult Community Plus Tribal Planning Areas) Construction Emissions
Table 5.2 -10, Combined Construction Emissions , estimates construction emission s based on the expected location, size, and development of the Project if construction of both the Active Adult Community and Tribal Planning Areas were to occur concurrently. The analysis assumes that all of the construction equipment activities would occur continuously over the day and that activities would overlap. In reality, this would not occur, as most equipment operated only a fraction of each workday and many of the activities would not overlap on a daily basis.
Table 5.2-10
Combined Construction Emissions
Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Year 2015
Maximum 1.09 20.43 39.37 0.06 6.91 3.78
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? No No No No No No
Year 2016
Maximum 9.95 36.63 131.31 0.19 12.66 3.73
SCAQMD 75 100 550 150 150 55
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Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
threshold
Threshold
Exceeded? No No No No No No
Year 2017
Maximum 259.64 6.22 54.84 0.09 7.71 2.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2018
Maximum 259.23 5.78 50.00 0.09 7.71 2.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2019
Maximum 258.91 5.42 46.37 0.09 7.71 2.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2020
Maximum 260.21 15.03 61.06 0.12 7.87 2.15
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2021
Maximum 260.02 14.82 59.01 0.12 7.87 2.15
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Year 2022
Maximum 258.31 4.77 39.52 0.09 7.71 2.08
SCAQMD
threshold 75 100 550 150 150 55
Threshold
Exceeded? Yes No No No No No
Note: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns; VOC = volatile organic compounds; SCAQMD = South Coast Air Quality Management District; SOX = sulfur oxide.
As shown in Table 5.2 -10, construction activities associated with the development of the entire Project Site would not exceed regional NOx, CO, SOx, PM10, and PM2.5 concentration thresholds. However, construction activities would exceed localized VOC (2017 through 202 2) concentration thresholds.
Architectural coatings for the Project would comply with SCAQMD Rule 1113 – Architectural Coating. 12-425
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Rule 1113 provides specifications on painting practices as well as regulating the VOC content within paint. Mitigation Measure MM 5.2-1 would require the use of low emission VOC paint and pre -painted construction materials where feasible. However, total mitigated VOC emissions would still exceed SCAQMD recommended threshold. Therefore, impacts from VOC emissions would be significant.
Operational Emissions
The estimated emissions are based on the development of all the proposed land uses within the Project Site, both the Active Adult and Tribal Planning Areas, and the combined operational emissions are presented in Table 5.2-11, Combined Operational Emissions.
Table 5.2-11
Combined Operational Emissions
Pollutant (pounds/day)
Source VOC NOx CO SOx PM10 PM2.5
Maximum 553.8 306.2 2,197.6 2.06 121.2 37.4
SCAQMD threshold 75 100 550 150 150 55
Threshold exceeded? Yes Yes Yes No No No
Note: Refer to the data sheets in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
As shown in Table 5.2 -11, the Project’s operational emissions at buildout would not exceed regional SOx, PM10, and PM2.5 concentration thresholds. However, operational emissions would exceed localized VOC, NOx, and CO concentration thresholds. Mitigation Measure MM 5.2-1 would require the use of low emission VOC paint and pre -painted construction materia ls where feasible. Mitigation Measure MM 5.6-10 would require the use of employment based trips and VMT policies that encourage the use of alternative transportation. However, total mitigated VOC, NOx, and CO emissions would still exceed the SCAQMD recommended threshold. Therefore, impacts from VOC , NOx, and CO emissions would be significant.
Result In A Cumulatively Considerable Net Increase Of Any Criteria Pollutant For Which The Project Region Is Non- Attainment Under An Applicable Federal Or State Ambient Air Quality Standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)
Active Adult Community and Tribal Planning Areas
According to SCAQMD, if an individual project results in air emissions of criteria pollutants that exceed SCAQMD’s recommended daily thresholds for project- specific impacts, then the project would also 12-426
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result in a cumulatively considerable net increase of these criteria pollutants. By applying SCAQMD’s cumulative air quality impact methodology, implementation of the Project would result in an increase of VOC, an ozone precursor, such that significant cumulative impacts would occur. Therefore, the Project would result in a cumulatively considerable net increase of VOC , an ozone precursor, for which the Project region is in nonattainment under the federal and State ambient air quality standard. Accordingly, cumulative impacts would be potentially significant.
Expose Sensitive Receptors to Substantial Pollutant Concentrations Localized Significance Threshold
Active Adult Community
The construction and operation analysis for localized significance thresholds for the Active Adult Community are shown in Table 5.2-12, Active Adult Community LST Emissions.
Table 5.2-12
Active Adult Community LST Emissions
On-Site Emissions (pounds/day)
Source NOx CO PM10 PM2.5
Construction
Total mitigated maximum emissions 20.29 37.94 3.31 1.43 LST threshold 340 3,237 44 11
Threshold Exceeded? No No No No
Operational
Area/energy emissions 9.99 87.47 1.74 1.73
LST threshold 340 3,237 11 3
Threshold Exceeded? No No No No
Source: Refer to Modeling in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns.
As shown in Table 5.2-12, Active Adult Community related construction emissions would not exceed the localized significance thresholds for the sensitive receptors located to the south and west of the Project Site. Accordingly, this impact would be less than significant.
Tribal Planning Areas
The construction and operation analysis for localized significance thresholds for the Tribal Planning Areas are shown in Table 5.2-13, Tribal Planning Areas LST Emissions. 12-427
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Table 5.12-13
Tribal Planning Areas LST Emissions
On-Site Emissions (pounds/day)
Source NOx CO PM10 PM2.5
Construction
Total mitigated maximum emissions 9.57 15.19 0.08 0.08
LST threshold 340 3,237 44 11
Threshold Exceeded? No No No No
Operational
Area/energy emissions 8.21 92.37 1.60 1.59
LST threshold 340 3,237 11 3
Threshold Exceeded? No No No No
Source: Refer to Modeling in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns.
As shown in Table 5.2 -13, Tribal Planning Areas related construction and operational emissions would not exceed LSTs in relation to the sensitive receptors located to the south and west . In accordance with SCAQMD methodology, only on -site stationary sources and mobile equipment are included in the operational analysis. Accordingly, this impact would be less than significant.
Combined (Active Adult Community Plus Tribal Planning Areas) The construction and operation analysis for localized significance thresholds for the proposed Project are shown in Table 5.2 -14, Proposed Project LST Emissions. As shown in Table 5.2 -14, Project related construction and operational emissions would not exceed LSTs for NOx, CO, and PM10 in relation to sensitive receptors. Background concentrations representative of the Project exceed the CAAQS for PM2.5. Although background concentrations exceed the CAAQS a nnual averaging time for PM2.5, no measurable change criteria currently exists.
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Table 5.2-14
Proposed Project LST Emissions
On-Site Emissions (pounds/day)
Source NOx CO PM10 PM2.5
Construction
Total mitigated maximum emissions 20.29 37.94 3.31 1.43 LST threshold 340 3,237 44 11
Threshold Exceeded? No No No No
Operational
Area/energy emissions 18.20 184.02 3.34 3.32
LST threshold 340 3,237 11 3
Threshold Exceeded? No No No Yes
Source: Refer to Modeling in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: CO = carbon monoxide; NOx = nitrogen oxide; PM10 = particulate matter less than 10 microns; PM2.5 = particulate matter less than 2.5 microns.
The SCAQMD has established a significance threshold of 2.5 micrograms per cubic meter (µg/m3) for the 24-hour averaging time to assess PM2.5 impacts. As a result, a potentially significant impact would occur when operational emissions produce a measurable change over existing background levels.
The majority of PM2.5 emissions during operation would be generated from area and energy emissions.
Because operational emissions of PM2.5 would exceed the LSTs for a five -acre site, concentrations generated by Project- related operation activities were modeled at nearby sensitive receptors. The results are provided in Table 5.2-15, PM2.5 LST Dispersion Modeling.
Table 5.2-15
PM2.5 LST Dispersion Modeling
PM2.5 Emission Rate Summary
Source
Fugitive
(g/s/m2)
Combustion
(g/s/source)
24-hour
Average
Concentration
(µg/m3)
Operational
Total modeled maximum emissions 2.24E-09 6.05E-05 0.16
SCAQMD Threshold - - 2.5
Threshold Exceeded? - - No
Source: Refer to Modeling in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Abbreviations: PM2.5 = particulate matter less than 2.5 microns; g/s/m2 = grams per second per meter squared; µg/m3 = micro grams per cubic meter.
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As shown in Table 5.2-15, the maximum 24-hour average PM2.5 concentration would be 0.16 µg/m3 for the closest receptor. In accordance with the SCAQMD methodology, this impact would be below the significance threshold and impacts would be less than significant.
Localized Carbon Monoxide Hotspots
Active Adult Community and Tribal Planning Areas
Motor vehicles are a primary source of pollutants within the Project vicinity. Traffic-congested roadways and intersections have the potential to generate localized high levels of CO. Localized areas where ambient concentrations exceed State and/or federal standards are termed CO “hotspots.” Such hot spots are defined as locations where the ambient CO concentrations exceed the State or federal ambient air quality standards. CO is produced in greatest quantities from vehicle combustion and is usually concentrated at or near ground level because it does not readily disperse into the atmosphere .
As a result, potential air quality impacts to sensitive receptors are assessed through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create CO hotspots that exceed the State ambient air quality 1 -hour standard of 20 ppm or the 8 -hour standard of 9 ppm. The federal levels are less stringent than the State standards. Thus, an exceedance condition would occur based on the State standards prior to exceedance of the federal standard.
Typically, localized CO impact analysis should be performed for intersectio ns that change from level of service (LOS) C to D as a result of the project and for all intersections rated D or worse where the project increases the volume -to-capacity ratio by 2 percent or more. The background CO concentration within 1-hour in the Coachella Valley was 2 ppm in 2010 and was not exceeded in 2011 and 2012. The background CO concentration within the monitored 8 -hour period has been 0.5 ppm and 0.6 ppm for the past three years which is below the standard of 9.0 ppm. Based on the traffic impa ct study which is located in Appendix G, all intersections analyzed by the Project projected to operate at LOS D or better would not increase the volume -to-capacity ratio by 2 percent . The increase in traffic volumes at the analyzed intersections would result in a de minimis increase in background CO concentrations which would not result in CO levels higher than the 20 ppm 1-hour standard or the 9.0 ppm 8-hour for CO. As a result, no significant Project-related impacts would occur relative to future CO concentrations.
Toxic Air Emissions
The proposed Project is not anticipated to use hazardous materials in appreciable quantities. The residential and commercial land uses associated with t he proposed Project are not anticipated to use hazardous or acutely hazardous materials in appreciable quantities. Hazardous substances currently are regulated under the California Accidental Release Prevention (CalARP) Program. The CalARP Program satisfies the requirements of the Federal Risk Management Plan Program, and contains additional State 12-430
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requirements. The CalARP Program applies to regulated substances in excess of specific quantity thresholds. The majority of the substances have thresholds in the range of 100 to 10,000 pounds. The residential and commercial land uses associated with the Project may contain small, if any, amounts of these hazardous substances in household and commercial cleaners and other products. However, typical use of these products would not result in quantities at any one location that exceed the thresholds. Moreover, significant amounts of hazardous substances would typically be expected at industrial, manufacturing, and complex water or wastewater treatment land uses. Ac cordingly, the Project would not result in a significant impact with respect to hazardous materials.
Within 0.25 Miles of an Existing Facility That Emits Air Toxics Identified in SCAQMD Rule 1401
Based on a survey of data obtained from SCAQMD’s Facility I nformation Detail (FIND) system, there is one facility that contains permitted equipment as required by Rule 1401 (New Source Review of Toxic Air Contaminants) located within a 0.25 mile of the Project Site. At the time this report was written, the Agua Caliente Resort/Spa/Casino facility was in compliance with SCAQMD regulations and requirements.19 The multi-family residential Planning Area 5 would be located approximately 1,400 feet (0.27 miles) southwest of the Agua Caliente Resort/Spa/Casino facility. Therefore, residents of the Project would be located greater than 0.25 miles of an existing facility that emits TACs identified in Rule 1401. Accordingly, this impact would be less than significant.
Emit Carcinogenic or Toxic Air Contaminants That Exceed the Maximum Individual Cancer Risk of 10 in 1 Million
The residential land uses associated with the Project are not anticipated to emit individual or cumulative TACs in appreciable quantities as described previously. Accordingly, no significant impacts with respect to this criterion are expected to occur.
The proposed multi-family land uses within the Tribal Planning Areas would be located 0.75 miles to the southwest of Interstate 10 (I-10), a major travel route for heavy -duty, diesel-fueled vehicles, as well as other motor vehicles. Because CARB has determined that health effects are generally elevated near heavily traveled roadways, the CARB Air Quality and Land Use Handbook recommends that lead agencies, where possible, avoid citing new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.
19 SCAQMD, Facility Information Detail (FIND) (2014), http://www.aqmd.gov/webappl/fim/default.htm. 12-431
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The Air Quality and Land Use Handbook suggests that sensitive receptors may be exposed to higher than normal health impacts if residential land uses are permitted within CARB’s recommended 500 -foot buffer zone. Furthermore, Bob Hope Drive would be the most traveled urban road in the vicinity of the Project Site. The number of vehicles traveling along Bob Hope Drive under cu mulative conditions would be 50,000 vehicles, half of what is recommended by CARB for urban roads. According to the Specific Plan, the proposed multifamily units would be greater than 0.75 miles southwest of the I-10, more than four times the distance than recommended by CARB. The Active Adult Community is at least 0.65 miles from the I- 10 and 0.25 miles from both Ramon Road and Bob Hope Drive. Accordingly, it is not anticipated that the Project would expose sensitive receptors to substantial increases in health risks and pollutant concentrations relative to the general population. Accordingly, any impact would be less than significant.
Create Objectionable Odors Affecting as Substantial Number of People Active Adult Community and Tribal Planning Areas
Construction
During the Project’s construction phase, activities associated with the operation of construction equipment, the application of asphalt, the application of architectural coatings and other interior and exterior finishes, and roofing may produce discernible odors typical of most construction sites. SCAQMD Rule 1113 limits the amount of VOCs in architectural coatings and solvents to further reduce the potential for odiferous emissions. Although these odors could be a source of nuis ance to adjacent uses, they would be temporary and intermittent in nature. As construction -related emissions dissipate away from the construction area, the odors associated with these emissions would also decrease and would be quickly diluted. Accordingly, impacts would be less than significant.
Operation
Land uses associated with the Project operation are not expected to be a source of persistent odors.
Refuse associated with operation of the Project would be disposed of in accordance with all applicable regulations. Trash receptacles on the Project Site would be enclosed to minimize the generation of odors. As discussed previously, the Project Site is immediately bordered by residential uses to the west and south, the Agua Caliente Casino Resort Spa to th e east, and undeveloped land to the north.
Additionally, the adjacent land uses are such that the Project residents would not be subjected to substantial sources of objectionable odors from any surrounding land use.
Any unforeseen odors generated by the Project will be controlled in accordance with SCAQMD Rule 402 (Nuisance). Rule 402 prohibits the discharge of air contaminants that cause “injury, detriment, nuisance, 12-432
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or annoyance to any considerable number of persons or to the public, or which endanger th e comfort, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” Failure to comply with Rule 402 could subject the offending facility to possible fines and/or operational limitations in an approved odor control or odor abatement plan. Consequently, no significant impacts from odors are anticipated.
5. Cumulative Impacts
The CEQA Air Quality Handbook identifies possible methods to determine the cumulative significan ce of land use projects. 20 All of SCAQMD’s methods are based on performance standards and emission reduction targets necessary to attain the federal and State air quality standards identified in the AQMP.
This Draft EIS evaluates the following methods: ( 1) the SCAQMD method of whether the rate of growth in average daily trips exceeds the rate of growth in population and/or employment (2) whether the project is consistent with the AQMP and thus, would not jeopardize attainment of State and federal ambient air quality standards in the Basin.
The first SCAQMD approach is to assess whether the rate of growth in average daily trips (ADT) exceeds the rate of population growth. As specified in the CEQA Air Quality Handbook, the ratio of project ADT to anticipated ADT in the County is compared to the ratio of the Project population to the anticipated population in the City or County.
21 If the growth of ADT is less than the population growth, then the Project is not considered to have a significant cumulative air quality impact. The relevant values are shown in Table 5.12-16, Comparison of Growth of ADT to Population and Employment Growth . The population growth of 4,368 residents was based on the factors obtained from the Specific Plan .
Population data for Coachella Valley were based on SCAG projections. 22 ADT were based on trip
generation rates from the traffic impact study for the Project (Appendix G). As shown in Table 5.12-16, the ratio of Project-to-county ADT is greater than the population ratio und er buildout scenarios.
Therefore, the Project would have a significant cumulative impact with respect to this criterion.
20 SCAQMD, CEQA Air Quality Handbook (1993), 9-12.
21 SCAQMD, CEQA Air Quality Handbook (1993), A9-126.
22 SCAG, 2012 Adopted Growth Forecast.
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Table 5.2-16
Comparison of Growth of ADT to Population and Employment Growth Vehicle Miles Traveled* Project Population
Residences at Project 1,425,200 4,368
CVAG 18,333,486 884,000
Ratio of Project to CVAG 0.078 0.005
City of Rancho Mirage 932,000 17,745
Ratio of Project to Rancho Mirage 1.53 0.25
Note:
* Project vehicle miles traveled are calculated using adjusted trips (71,260) multiplied by an average trip of 20 miles. City of Rancho Mirage vehicle miles traveled are calculated by multiplying 46,600 weekday trips by an average trip of 20 miles.
In addi tion to the cumulative significance methodologies contained in CEQA Air Quality Handbook , SCAQMD staff has suggested that the emissions- based thresholds be used to determine if a project’s contribution to regional cumulative emissions is cumulatively considerable . Individual projects that exceed SCAQMD -recommended daily thresholds for project -specific impacts would be considered to cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment. As presented previously in Table s 5.2-6 through 5.2-11, construction and operation of the Project would result in daily emissions that exceed the VOC thresholds of significance recommended by SCAQMD. The daily construction and operational VOC emissions generated by the Project cannot be feasibly mitigated to a less than significant level, and therefore, the contribution of these emissions to the air quality within the Salton Sea and South Coast Air Basins is considered to be cumulatively considerable, and thus a significant cumulative impact.
C. MITIGATION MEASURES
In addition to the Project Design Features identified above, the following M itigation Measures would reduce air quality impacts:
Active Adult Community and Tribal Planning Areas
MM 5.2-1 The contractor shall incorporate the following into construction plans and specifications, which shall be implemented to reduce VOC emissions resulting from application of architectural coatings:
• Contractors shall use high -pressure, low -volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent.
• Coatings and solvents with a VOC content lower than required under Rule 1113 shall be used.
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• Construction and building materials that do not require painting shall be used to the extent feasible.
• Prepainted construction materials shall be used to the extent feasible.
MM 5.2-2 Construction equipment engines shall utilize Tier 4 engines or better.
Implementation of Mitigation Measure MM 5.6-10, provided in Section 5.6, Greenhouse Gases, would require the use of employment based trip and VMT policies that encourage the use of alternative transportation.
D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
The proposed Project would incorporate numerous Project Design Features and Mitigation Measure s MM 5.2.1, MM 5.2-2, and MM 5.6-10 to further reduce air emissions during construction and operation.
However, no feasible M itigation Measures are available to reduce construction VOCs and operational VOCs, NOx, and CO emissions below SCAQMD regional thre sholds. While development of the Specific Plan would result in short -term regional and localized impacts, Project development would not have a significant long -term impact on the region’s ability to meet State and federal air quality standards.
Therefore, the Project’s long-term influence would be considered consistent with the AQMP.
As shown in Tables 5.2 -8 through 5.2-11, construction and operation emissions would not exceed the SCQAMD thresholds for NOx, CO, SOx, PM, and PM2.5 with Project Design Features and Mitigation Measure MM 5.2-2. Therefore, these impacts would be less than significant.
Construction and operation emissions would exceed the threshold for VOC s. Mitigation Measure MM 5.2-1 is recommended to reduce the VOC impacts. However, given the level of what is known about the proposed Project, the precise quantification of VOC emission reductions cannot be determined accurately. For example, it cannot be determined precisely how much prepainted construction materials and construction materials that re quire no painting will used in the development of the Project. It is assumed that these measures could be applied between approximately 10 to 20 percent of the interior and exterior square footages with a corresponding 10 to 20 percent in reduction in VOCs. This would reduce VOCs by approximately 15 to 30 pounds per day but would not reduce the emissions below SCAQMD thresholds. For this reason, the lead agency has determined that this impact would be considered to be significant and unavoidable.
Implementation of Mitigation Measure MM 5.6-10 would reduce operational emissions for NOx and CO, however, emissions would not be reduced below the SCAQMD threshold. Impacts would be considered significant and unavoidable.
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As shown in Table s 5.2-12 through 5.2-15, construction and operational activities associated with the development would not exceed localized concentration thresholds. Consequently, impacts would be less than significant.
The daily construction and operational VOC emissions generated by the Projec t cannot be feasibly mitigated to a less than significant level and the contribution of these emissions to the air quality within the Salton Sea and South Coast Air Basins is also considered to be cumulatively considerable, and thus a significant impact.
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5.3 BIOLOGICAL RESOURCES
This Section of the Draft EIS evaluates the potential for the proposed P roject to affect biological resources on the Project Site and within the portion of the Coachella Valley the Project Site is located in.
This Section incorporates information from the Agua Caliente Band of Cahuilla Indians (Tribe) Tribal Habitat Conservation Plan (THCP) and from the following study of the Project Site:
• General Biological Resources Assessment Rancho Mirage Section 24 Specific Plan Site , Prepared by James W. Cornett Ecological Consultants, March 2014.
A complete copy of this study is included in the Technical Appendices to the Draft EIS ( Appendix C).
Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
While the Project S ite is currently vacant and undeveloped , the biological resources on the site have been impacted by development and human activity on all bou ndaries of the Project Site. A residential development to the west shields the Project Site from prevailing westerly winds emanating from the San Gorgonio Pass. This has had the effect of reducing wind -carried sand resulting in the partial stabilization of sand deposits across some of the Project Site.
The Project Site contains a mix of stabilized and partially stabilized sand fields. Stabilized and partially stabilized desert dunes retain moisture just below the surface and support varying amounts of vegetation, from scattered low annuals and perennial grasses, to evergreen and deciduous shrubs.
Stabilized and partially stabilized shielded sand fields consist of desert sand accumulations that lack dune formations stabilized by vegetation and where important transport processes are interrupted by barriers such as roads, buildings, and landscaping. Creosote bush scrub matrix dominates these sand field communities. Vegetation can range from widely scattered herbs and shrubs to a nearly closed canopy of shrubs. These and field communities are dependent on the active transport of sand. In the Coachella Valley, these habitats support a number of sensitive plant and wildlife species, including the Coachella Valley fringe -toed lizard, flat -tailed horned lizard, flat -seeded spurge, and Coachella Valley milk-vetch. As discussed in further detail below in Section 2, Regulatory Setting, the Tribe has adopted a Tribal Habitat Conservation Plan (THCP) to address impacts to sensitive plant and wildlife species present on Reservation lands.
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1. Existing Conditions
Physical Features
The elevation of the Project Site ranges from approximately 252 feet above sea level at the northeast corner of the Project Site rising to 353 feet near the southeast corner. The only topographical relief consists of sand mounds commonly referred to as hummocks that rise from one to four feet above their base. The hummocks have been formed by shrubs that interrupt the flow of sand carrying wind coming from the northwest off the Whitewater River Floodplain. The shrubs reduce wind velocity and result in the type of sand deposits on the leeward or easterly side of the shrubs referred to as hummocks . The Project Site is located in an area defined as sand field habitat of the valley floor in the THCP.
There are no naturally occurring springs or permanent aquatic habitats within the Project Site boundaries. No blue -line stream or drainage (streams or dry washes) are shown on U.S. Geologica l Survey maps for the Project Site and no botanical indicators of any drainage features were identified during field surveys.
Soil characteristics are uniform over the entire site. Soil is composed of wind -blown alluvium created by persistent air movements from the northwest. At the current time residential and commercial developments to the west have resulted in some sand stabilization on portions of the Project Site, as described above.
Climate
The Project Site lies within the confines of a geographical region known as the Colorado Desert .1 As is typical of this subdivision of the Sonoran Desert, annual rainfall averages less than six inches. 2 Most precipitation falls during the winter and late spring with occasional summer storms accounting for approximately one fifth of the annual total. Winter days are mild, averaging 71 degrees Fahrenheit.
Winter nights occasionally drop near freezing. The month of July brings the hottest temperatures with daytime highs averaging 109 degrees F.
Surrounding Lands
Bob Hope Drive, a major thoroughfare, forms the eastern boundary of the Project Site. To the east of Bob Hope Drive is the Agua Caliente Resort Spa and relatively undisturbed habitat similar to that found on the Project Site.
1 E. C. Jaeger, The North American Deserts, (Stanford, CA: Stanford University Press, 1957). 2 National Climatic Data Center, Climatic Summaries, (Asheville, NC: 2013). 12-438
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Dinah Shore Drive, another major thoroughfare, forms the southern boundary of the Project Site .
Immediately south of Dinah Shore Drive is a golf course and residential development.
Los Alamos Road , a collector roadway, forms the western boundary of the Project Site. Another golf course and residential development is located immediately west of Los Alamos Road and the Project Site.
Ramon Road, a nother major thoroughfare, forms the northern site boundary. Relatively undisturbed creosote scrub habitat, similar to that found on the Project Site, lies immediately north of Ramon Road.
Project Site
The Project Site has been directly and indirectly impacted by development on all boundaries of the Project Site. The Project Site is nearly an ecological island bounded on all four sides by the major streets and residential development described above. These existing conditions severely limit the movement of small terrestrial animals on and off the Project Site.
Native vegetation has been removed from approximately 40 acres in the n orthwestern corner of the Project Site when sand was excavated to provide fill material for the construction of the Bob Hope interchange improvements in 2010. Native vegetation has also been removed and soils compacted from approximately 40 acres in the no rtheastern corner of the Project Site to create a temporary parking lot.
Another approximately 40 acres in the southwestern corner of site has received large mounds of fill dirt in the past decade.
Several billboard signs have been installed along the east ern and southern edges of the site. Unpaved access roads parallel the eastern and southern boundaries. A four-foot high sand fence has been installed along the southern project boundary.
The entire Project Site contains the non -native and invasive Sahara m ustard, Brassica tournefortii. The establishment of this non -native, ephemeral species has likely contributed to the stabilization of blowsand on the Project Site.
The existing residential development to the west shield s the site from prevailing westerly w inds emanating from the San Gorgonio Pass. This has had the effec t of reducing wind -carried sand, which also contributes to the partial stabilization of sand deposits across some of the Project Site.
To identify the biological resources present on the site, field surveys were initiated in February of 2013.
Specific dates of biological surveys were February 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 23, 24, 25, 26 and 12-439
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27; and March 1 and 2, 2013. Night surveys were also conducted on the evenings of February 19 and 24, 2014.
Survey dates were in late winter when most plant species and all resident vertebrate species can be detected when maximum daytime air temperatures exceed 80°F. (Most days exceeded 80° during field surveys.) However, unusually dry winters in 2012, 2013 and 2014 may have reduced the sensitive plants found. Drought dictates against the germination of ephemeral plant species and reproduction and survival in all animal species. In spite of severe long -term drought, it was concluded that this phenomenon did not impact the findings in this report because of evidence of sensitive species that was discovered and historical information regarding the biota of the Project Site.
Surveys were conducted by walking east/west transects at 10 -yard intervals thro ugh the Project Site.
The survey pattern used has been approved by the U.S. Fish and Wildlife Service for determining the presence or absence of the burrowing owl and desert tortoise, and represents an intensive survey effort that resulted in no officially listed or federally protected species being overlooked.
Offsite surveys on surrounding property were not conducted as these properties are private. Offsite surveys were not considered necessary because very busy four -lane thoroughfares exist on the nort h, south and east boundaries of the Project Site. In addition, an existing residential community, enclosed by a wall is located on the western boundary of the site. These barriers dramatically reduce dispersal movements of species on and off the site, particularly small terrestrial vertebrates.
Animal surveys were conducted simultaneously with plant surveys. In addition, twenty -five live-animal traps (which capture animals unharmed) for large and small mammals were set within the Project Site for twenty-four hour periods on February 19 and 24, 2014.
In an effort to determine if large animal corridors existed on the Project Site special attention was given to observing and identifying animal tracks. In addition, sand sifting and smoothing was done in several areas so that tracks would be more prominent and identifiable. Road kills on surrounding paved roadways were also monitored on all site visits.
Invertebrate sampling was conducted on the evenings of February 19 and 24, 2014. Three Bioquip Light Traps were used for attracting and live -capturing flying insects and some terrestrial arthropods. Black lights were the attracting mechanism with each trap powered by a 12 -volt automobile battery. Traps were placed for maximum visibility.
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Biological Communities/Habitat
Habitat describes the place or set of environmental conditions in which plants and animals naturally live and grow. Temperature and precipitation are primary factors in determining specific locations of different habitats and the assortment of plant and animals species they support. In the Coachella Valley and surrounding areas, desert habitats are generally distinguished by physical differences in slope, soil substrate, solar and wind exposure, and water supply. The interrelationships of the physical environment of the habitat with the biological resources contained within define an ecological system.
The value and diversity of habitats are determined by various factors, including climate, varied terrain, adequate space, a dependable supply of food and w ater, soils for vegetation growth, and shelter and nesting sites.
Plant Communities
Sonoran creosote bush scrub community dominates vegetation of the entire area and is the pervasive plant community throughout the Colorado Desert of southeastern California. The creosote bush ( Larrea tridentata) is the dominant perennial followed by Emory’s Dalea ( Dalea emoryi ), wingscale (Atriplex canescens) and croton (Croton californicus).
Approximately 25 percent of the Project Site has been disturbed by road shoulder clearing, removal of topsoil for fill, grading for a temporary parking lot and the placement of fill, as described above . The vegetation of these areas is dominated by weed species that germinate and grow following the damage or removal of native vegetation. Within the Project Site such species include Sahara mustard ( Brassica tournefortii), Emory’s Dalea ( Dalea emoryi ) and croton ( Croton californicus ). These species are often found throughout the California deserts wherever the natural vegetation has been removed. The Sahara mustard is also established in undisturbed areas of the Project Site.
Wildlife Species
The fauna of the Project Site and surrounding vicinity is composed of species typically found in sandy, windswept habitat in the Coachella Valley portion of the Colorado Desert as defined by Jaeger (1957).
Animal species typically associated with residential subdivisions were recorded on the site during field surveys along with other native species. Wildlife species identified on the site are described below.
Arthropods
Arthropods species encountered on the Project Site included the sand scorpion ( Paruroctonus mesaensis), Eleodes beetle (Eleodes armata ), harvester ant ( Pogonomyrmex californicus) and creosote bush grasshopper (Bootettix argentatus).
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Three insect species known to occur within the Coachella Valley have been placed on the California Department of Fish and Wildlife’s Special Animals List. They are the Coachella giant sand treader cricket (Macrobaenetes valgum), Coachella Valley Jerusalem cricket (Stenopelmatus cahuilaensis) and Coachella Valley grasshopper (Spaniacris deserticola) . None of these three insect species were found during the surveys. The Coachella giant sand treader cricket and Jerusalem cri cket are covered species under the THCP.
Amphibians and Reptiles
No amphibian species were found during the surveys and none are expected to be present based on the existing characteristics of the Project Site and surrounding areas.
Reptiles detected on th e Project Site included the side -blotched lizard ( Uta stansburiana) , western whiptail ( Cnemidophorus tigris) , desert iguana ( Dipsosaurus dorsalis), western shovel -nosed snake (Chionactis occipitalis) and sidewinder (Crotalus cerastes).
Six observations of the federally threatened Coachella Valley fringe -toed lizard, Uma inornata, were recorded on the Project Site on February 10, 11, 12, 18, 20, and 26, 2014. Suitable habitat for this lizard species, consisting of surfaces of loose, windblown sand, exists across the entire site with the exception of the temporary parking area in the northeast corner. With this single exception, the fringe -toed lizard should be expected throughout the Project Site.
A concerted effort was made to locate sign of the officially listed desert tortoise (Goperhus agassizi ).
However, no evidence of any kind was found and no direct observations were made. In addition, the California Natural Diversity Database (March, 2014) has no records of the tortoise on or within one mile of the Project Site. It is therefore concluded that this species does not occur within the Project Site and immediate vicinity and no additional surveys for this species are recommended.
An intensive effort was also made to locate individuals or sign of the flat -tailed horned lizard, Phrynosoma mcallii . A single individual flat -tailed horned lizard was found on the site during surveys being conducted on February 16, 2014. In 2011, the U.S. Fish and Wildlife considered listing the flat - tailed horned lizard but elected to not do so in May of that year. Most of the Project Site is considered suitable habitat for this species and it may be more widespread than the discovery of a single specimen would indicate.
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Birds
Frequently detected birds within the Project Site were the common raven ( Corvus corax ), greater roadrunner ( Geococcyx californianus ), mourning dove ( Zenaida macroura), house finch ( Carpodacus mexicanus) and Say’s phoebe (Sayornis saya).
No observations of LeConte’s thrasher ( Toxostoma lecontei) were recorded during the surveys. In the Coachella Valley this species is closely associated with golden cholla, an arborescent cactus that provides a nesting site for the thrasher. The cactus species is absent from the Project Site and, therefore, it wa s concluded the thrasher does not occupy the Project Site at this time. LeConte’s thrasher is a covered species under the THCP but is not listed by the USFWS.
Two sensitive avian species were observed within the Project boundaries: the burrowing owl ( Athene cunicularia) and loggerhead shrike (Lanius ludovicianus).
Burrowing Owl
The burrowing owl was recorded within Project Site boundaries on six separate days: February 11, 16, 24, 25, and 26 and March 1, 2014. All observations were of adult birds. One active burrow was found on the Project Site. The entire Project Site is considered potential habitat for the burrowing owl.
The burrowing owl is a covered species under the THCP and is also protected in the United States under the Migratory Bird Treaty Act of 1918.
Loggerhead Shrike
The loggerhead shrike was observed on two occasions within the Project Site boundaries: February 20 and March 2, 2014. No old or new nests were found but the species is likely resident in the Project Site because of the availability of suitable habitat and prey.
The loggerhead shrike has no special federal status and it is not addressed in the THCP. It is considered a Species of Special Concern by the State of California.
Mammals
Recorded mammals included the black -tailed jackrabbit ( Lepus californicus ), Palm Springs ground squirrel (Spermophilus tereticaudus chlorus), desert kangaroo rat ( Dipodomys deserti) and coyote (Canis latrans). No individuals of the Palm Springs Pocket Mouse (Perognathus longimembris bangsi), a covered species, were found.
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The Palm Springs Ground Squirrel is the only mammalian covered species discovered within the Project Site. It was only detected twice during surveys conducted on February 25 and 26, 2014, but should be expected throughout the Project Site as the habitat is suitable. It currently is not a listed species and has a much broader range than was previously thought (Federal Register, 2009). It is, therefore, unlikely that it will be listed in the foreseeable future.
Sensitive Plants
The Inventory of Rare and Endangered Vascular Plants of California, published by the California Native Plant Society (CNPS) (2001), the CNDDB Special Plant List (2013) or the Endangered, Threatened, and Rare Plants of California (2013) lists a total of four plan t species that could potentiallybe present on the Project Site based on other locations with similar conditions where these species have been identified .
They are the flandular ditaxis ( Ditaxis clariana), ribbed cryptantha ( Cryptantha costata), flat -seeded spurge (Chamaesyce platysperma), and Coachella Valley milk vetch ( Astragalus lentiginosus coachellae).
Each of these species is discussed below.
The glandular ditaxis is a perennial herb that blooms from December through March. This species is not listed as rare, threatened or endangered by either the State or federal governments nor is it proposed to be listed at this time, but is identified as rare in the CNPS Inventory. It is restricted to sandy environments in the Sonoran Desert and has been found in the Coachella Valley at elevations similar to those found on the Project Site. Since the glandular ditaxis is a perennial, it is likely that it would be detected during the plant surveys. It was not detected and therefore is presumed not to occur onsite.
The ribbed cryptantha is an ephemeral known to occur on sandy soils in the Coachella Valley. The ribbed cryptantha is also not listed as rare, threatened or endangered by either the S tate or federal governments nor is it proposed to be listed at this time, but is also identified as rare in the CNPS Inventory. The Project Site can be considered suitable habitat for this species. It was not detected during site surveys.
The flat-seeded spurge is an ephemeral herb known to occur on sandy soils in the Sonoran Desert. There has been at least one specimen found in the Coachella Valley. The flat-seeded spurge is also not listed as rare, threatened or endangered by either the S tate or federal governments nor is it proposed to be listed at this time, but identified as rare in the CNPS Inventory. The species was not detected on the Project Site.
The Coachella Valley milk vetch is a spring-blooming ephemeral herb that is known to occur on sandy soils in the Coachella Valley. The milk vetch is listed as endangered by the U.S. Fish & Wildlife Service.
No living individuals of this subspecies were detected on or near the Project Site during site surveys . 12-444
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However, many seed pods of this species were found in portions of the Project Site. The absence of any plants is likely due to the lack of rainfall this year. Prior surveys on the Project Site in 2011 identified 309 living individuals of this species within the project boundaries (Co rnett, 2011). The Project Site appears to have a large seed bank of this species within the sandy soil and it is considered to be present today within the project boundaries.
Sensitive Wildlife
Three sensitive wildlife species identified as present within the Project Site are covered species in the Valley Floor Planning Area of the THCP. The se covered species are the Coachella Valley fringe -toed lizard, flat-tailed horned lizard and Palm Springs ground squirrel. Under the THCP , adverse impacts to these three species can be mitigated by the project proponent paying the Tribe the required mitigation fee. Collected fees are used to purchase and preserve comparable habitat elsewhere in the Coachella Valley. Three additional covered species may also occur within the Project Site but were not detected during the surveys. They are the Coachella giant sand treader cricket, Coachella Valley Jerusalem cricket and Palm Springs pocket mouse.
As discussed above, the burrowing owl was observed within the Project Site boundaries and one active burrow was found. The burrowing owl is a covered species in the Valley Floor Planning Area of the THCP.
As discussed above, it is protected in the United States under the Migratory Bird Treaty Act of 1918.
Mitigation for impacts to Burrowing Owl is identified in the Staff Report on Burrowing Owl Mitigation prepared by the California Department of Fish and Wildlife on March 7, 2012 which has been approved and accepted by the U.S. Fish & Wildlife Service.
Wildlife Movement Corridors
Smoothing of surfaces to yield tracks was performed on each site visit to determine if important wildlife corridors existed on the site. Much of the Project Site was sampled using this technique. Tracks of ravens, roadrunners, coyotes and black-tailed jackrabbits were each recorded. However, no discernable and routinely used corridors could be found.
2. Regulatory Setting
Federal
Federal Endangered Species Act
The Federal Endangered Species Act (FESA) of 1973, as amended, was promulgated to protect and conserve any species of plant or animal that is endangered or threatened with extinction and the habitats in which these species are found. Section 4(a) of the FESA requires that critical habitat be 12-445
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designated by the US Fish and Wildlife Service (USFWS) “to the maximum extent prudent and determinable, at the time a species is determined to be endangered or threatened.” Critical habitat is formally designated by USFWS to provide guidance for planners/managers and biologists with an indication of where suitable h abitat may occur and where high priority of preservation for a particular species should be given. “Take” of endangered species is prohibited under Section 9 of the FESA. Take, as defined under FESA, means to “harass, harm, pursue, hunt, wound, kill, trap, capture, collect, or attempt to engage in any such conduct.” Section 7 of the FESA requires federal agencies to consult with the USFWS on proposed federal actions that may affect any endangered, threatened or proposed (for listing) species or critical hab itat that may support the species. Section 10 of the FESA provides the regulatory mechanism that allows the incidental take of a listed species by private interests and nonfederal government agencies during lawful activities. Habitat conservation plans (HC Ps) for the impacted species must be developed in support of incidental take permits for nonfederal projects to minimize impacts to the species and develop viable mitigation measures to offset the unavoidable impacts.
Federal Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) of 1918 is the domestic law that affirms or implements the United States’ commitment to four international conventions with Canada, Japan, Mexico, and Russia for the protection of shared migratory bird resources. It governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. It prohibits the take, possession, import, export, transport, sale, purchase, barter, or offering of these activities, except under a valid permit or as permitted in the implementing regulations. As with the FESA, the act also authorizes the Secretary of the Interior to issue permits for take. The procedures for securing such permits are found in Title 50 of the Code of Federal Regulations, to gether with a list of the migratory birds covered by the act. This law is generally protective of migratory birds but does not specify the type of protection required. USFWS administers permits to take migratory birds in accordance with the regulations pro mulgated by the MBTA. Nesting raptors, such as red-tailed hawks and burrowing owls, are protected under the MBTA. In common practice, USFWS places restrictions on disturbances allowed near active raptor nests.
Regional and Local
Habitat Conservation Plans
Under Section 10(a)(1)(B) of the FESA, an incidental take permit from the USFWS is required when nonfederal activities will result in “take” of threatened or endangered wildlife. Habitat Conservation Plan (HCP) must accompany any application to the USFWS f or an incidental take permit. If the USFWS accepts the HCP, then the agency issues a permit that allows permittees to “take” an endangered 12-446
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species if such taking is incidental to, and not the primary purpose of, the proposed activity. The permit is required prior to developing any part of an endangered species’ habitat, because USFWS regulations equate habitat modification with taking an endangered species, which is prohibited under federal law.
The goal of the HCP is to conserve natural communities before their native species have declined to the point that protection under the FESA is necessary.
The purpose of the HCP planning process is to reduce conflicts between conservation and economic growth and to minimize, to the extent feasible, impacts to endangered, threatened, or sensitive species resulting from a project. The purpose of the permit is to authorize the incidental take of a listed species , not to authorize the activities that result in take. Currently, HCPs are evolving from a process adopted primarily to address single projects to broad -based, landscape-level planning, utilized to achieve long - term biological and regulatory goals. The project applicant, in consultation with the USFWS, drives the development and preparation of an HCP. An HCP gener ally includes an assessment of impacts likely to result in taking of federally listed species; measures the applicant will undertake to monitor, minimize and mitigate impacts; alternative actions to the taking considered and not adopted; and additional measures required by the USFWS.
A HCP is intended to standardize and streamline the existing permitting process for incidental take of listed species under FESA. Upon granting of take approval from the USFWS, the participating entity(s), such as a city, count y, or district, assumes permitting responsibilities for proposed projects that would potentially take “covered species.” Covered species include species currently listed as threatened or endangered and certain species that may become listed during the term of the HCP.
Mitigation/compensation measures established under a HCP would concurrently satisfy applicable provisions of FESA. It should be noted that a HCP does not address issues associated with Section 404 of the federal Clean Water Act. Projects that currently require a Section 404 permit would continue to do so notwithstanding the applicable HCP.
Two HCPs have been prepared in the Coachella Valley . The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) addresses approximately 1.2 million acres in the Coachella Valley and the surrounding mountains. Because approximately 69,000 acres of Reservation lands are not included in the CVMSHCP area the acreage covered by the plan is about 1 .1 million acres. The Agua Caliente Tribal Habitat Conservation Plan (THCP) addresses approximately 31,500 acres of land within the Reservation.
The CVMSHCP, which became effective in October of 2008, is a regional conservation plan that identifies and coordinates the permanent protection of habitats, biological linkages and corridors, and ecological processes for the benefit of plants and wildlife . CVMSHCP participants include Riverside County, the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm 12-447
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Springs, and Rancho Mirage , as well as the Coachella Valley Water District and Imperial Irrigation District. The Coachella Valley Association of Governments serves as the lead agency for plan review and consideration with the Coachella Valley Conservation Co mmission overseeing the plan implementation.
The plan enables the participating public agencies (“permittees”) to comply with both the State and Federal Endangered Species Acts and other regulations promulgated to protect listed plants and wildlife.
The THCP, completed in 2010, complements the CVMSHCP by addressing the 31,500 acres of land in the Reservation, which includes land within the geographical boundaries of three cities (Palm Springs, Cathedral City , and Rancho Mirage) and the County of Riverside . Based on the conservation program defined in the THCP, the Tribe is seeking to enter an Implementing Agreement with, and obtain a Section 10(a) Permit from USFWS to authorize the incidental take of covered s pecies of wildlife in connection with certain ac tivities undertaken by the Tribe, Trib e members, and in some cases, third parties. The THCP has not yet been approved by the USFWS and a Section 10(a) Permit has not been issued. Until take authority is granted to the Tribe through the issuance of a 10(a) Permit, incidental take permits would continue to be obtained directly from the USFWS as allowed by the FESA. The Tribe has independent authority to enforce its obligations under the THCP and the Tribe is implementing the plan to mitigate impacts to sensitive resources on Tribal lands. The THCP is described further below.
Tribal Habitat Conservation Plan
The Agua Caliente Indian Reservation (“Reservation”) contains valuable natural resources and habitats deemed by the USFWS, as well as the Tribe, to require protection. The Tribe has managed these resources for hundreds of years and developed the THCP to formalize the Tribe’s traditional approach to land use and resource management . The THCP is intended to address development and other activities taking place within the Tribe’s jurisdiction and provide the means to protect and conserve federally listed species and others deemed by the Tribe and USFWS to be sensitive and potentially in need of listing in the future.
The THCP is intended to support the issuance of an incidental take permit to the Tribe from USFWS under Section 10(a)(1)(B) of the FESA for 24 covered species, including 21 sensitive wildlife and 3 sensitive plant species. Several of these species are listed as threatened or endangered under the ESA.
Listed species covered include but are not limited to the Coachella Valley fringe -toed lizard, Coachella Valley milk vetch, Peninsular bighorn sheep, least Bell’s vireo, southwestern willow flycatcher, California red-legged frog, and mountain y ellow-legged frog. Protection for the covered species and the habitats that support them would be afforded through the Tribe’s conservation program.
The THCP establishes conservation areas to be dedicated as habitat preserves which would be managed in perpetuity for the conservation of covered species. The habitat preserve would be assembled through 12-448
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land dedications, restrictions, or conditions on covered projects through the adoption of development standards, assessment of fees, and other mitigation measures to ensure the covered projects are approved consistent with the THCP. The Tribe is currently collecting mitigation fees to be used to purchase conservation lands to implement the THCP.
The THCP divides the Reservation into two distinct areas: the Mou ntain and Canyons Conservation Area and a Valley Floor Planning Area ( VFPA). The VFPA covers approximately 15,300 acres of Reservation lands, of which approximately 57 percent is already developed and no longer provides habitat for native plant and animal species. The THCP has established Target Acquisition Areas within the VFPA to preserve and manage active and ephemeral sand field habitat. T he Project Site is not located in one of these areas . The Project Site is subject to development standards, assessment of fees, and other mitigation measures to ensure that development is consistent with the THCP. However, as discussed above, until take authority is granted to the Tribe, any required incidental take permits wou ld continue to be obtained directly from USFWS.
B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant biological impact if it would:
Threshold 5.3-1 Having a substantial effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the U.S. Fish and Wildlife Service.
Threshold 5.3-2 Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the U.S. Fish and Wildlife Service.
Threshold 5.3-3 Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrologi cal interruption, or other means.
Threshold 5.3-4 Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. 12-449
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Threshold 5.3-5 Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
Threshold 5.3-6 Conflict with the provisions of an adopted Habitat Conservation Plan.
2. Methodology
Prior to the initiation of the fieldwork as described above, reviews of the literature and institutional records were conducted to determine the biological resources that might exist within the general area and to determine the possible occurrence of special status species. Records, collections, websites and/or staff of the University of California at Riverside Herbarium, the Boyd Deep Canyon Desert Research Center and the Coachella Valley Association of Governments were consulted for specific inform ation as to the occurrence of selected species. A California Department of Fish and Wildlife Natural Diversity Database (updated, March 2014) check was also reviewed.
3. Project Design Features
The Project does not include any features specifically related to biological resources.
4. Project Impacts
Cause a Loss of Plant and Wildlife Habitat and Sensitive Natural Species Active Adult Community
The Project Site predominantly consists of a Sonoran creosote bush scrub habitat and is a pervasive plant community throughout the Colorado Desert of southeastern California. The fauna of the Project Site and surrounding vicinity is composed of species typical of sandy, windswept habitats in the Coachella Valley portion of the Colorado Desert. Animal species associated with residential subdivisions were also recorded on the site.
Five species covered under the THCP of the Tribe were detected on-site and are considered resident: the Coachella Valley milk vetch, Coachella Valley fringe-toed lizard, flat-tailed horned lizard, burrowing owl, and Palm Springs g round squirrel. Three additional covered species (Coachella giant sand -treader cricket, Coachella Valley Jerusalem cricket , and Palm Springs pocket mouse) may occur onsite but were not detected. Approximately 25 percent of the Project Site has been disturbed by road shoulder clearing, removal of topsoil for fill, grading for a temporary parking lot and fill piling. The vegetation of these areas is dominated by weed species that germinate and grow following the damage or removal of native vegetation.
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Tribal Planning Areas
The Tribal Planning Areas predominantly consist of a Sonoran creosote bush scrub habitat , which is a pervasive plant community throughout the Colorado Desert of southeastern California. The fauna of the Project Site and surrounding vicinity is composed of species typical of sandy, windswept habitats in the Coachella Valley portion of the Colorado Desert. Animal species associated with residential subdivisions were also recorded from the site. Future projects within the Tribal Planning Areas will pay the development mitigation fees identified by the THCP. Accordingly, impacts would be less than significant.
Development of the Active Adult Community would result in the loss of native vegetation and habitats that support sensitive species. Impacts to species could occur directly from habitat modification and removal for building pad development and roadway construction. Soil disturbance may significantly increase erosion and impact drainages and water quality. Other potential impacts could include the introduction of non-native weedy and insect species and increased competition from non-native species that could affect other species ability to forage or establish territories.
Small areas of open space and pockets of landscaping established with the new development would potentially supp ort individual native plant and wildlife species, but these areas would be small and isolated in nature and would not provide substantial habitat areas.
Implementation of the Section 24 Specific Plan policies and programs that encourage the use of naturally occurring desert plant materials in project landscaping would help minimize Project impacts to sensitive plant and wildlife species within the Project Site and vicinity and would also be consistent with the City of Rancho Mirage General Plan. Policy 3 of the City of Rancho Mirage General Plan Conservation and Open Space Element
3 states that “The City shall encourage the use of naturally occurring desert plant materials, and discourage the use of non -native plant materials that are harmful to native plant and animal species, in landscaping for development projects to the greatest extent possible.” In addition, the City of Rancho Mirage (“City”) is a participant and permittee in the CVMSHCP and is coordinating with the Tribe regarding the THCP. The Acti ve Adult Community portion of the Project would also pay the development mitigation fees identified by the THCP. As discussed above, the Tribe will use mitigation fees collected to acquire conservation lands to implement the THCP. While the USFWS has not yet approved the THCP or issued a 10(a) Permit, the Tribe has independent authority to implement the THCP to mitigate impacts to sensitive resources on Reservation lands. The impacts of the
3 City of Rancho Mirage General Plan, “Conservation and Open Space Element,” 1997. 12-451
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Project will be mitigated to a less than significant level through payment of the THCP conservation fee as the THCP overs the sensitive species the Project would impact.
Cause a Substantial Adverse Effect on any Riparian Habitat or other Sensitive Natural Community
Active Adult Community
No sensitive vegetation communities, including riparian habitat, were identified within the Active Adult Community Planning Area. The Project Site does not contain naturally occurring springs or permanent aquatic habitats. No blue -line stream corridors (streams or dry washes) are shown on U.S. Geological Survey maps for the Project Site nor are there botanical indicators of such corridors. Accordingly, no significant impacts to riparian habitat or other sensitive natural communities will result from the development of the Active Adult Community.
Tribal Planning Areas
As discussed previously for the A ctive Adult Community, the T ribal Planning Areas share the same habitat conditions. The Tribal Planning Areas also contain no natural occurring springs or permanent aquatic habitats. Accordingly, no significant impacts to riparian habitat or other sensitive natural communities will result from the development of the Tribal Planning Areas.
Cause a Substantial Adverse Effect on Federally Protected Wetlands Active Adult Community
The Project Site contains no naturally occurring springs or permanent aquatic habitats . No blue -line stream corridors (streams or dry washes) are shown on U.S. Geological Survey maps for the Project Site nor are there botanical indicators of such corridors. Accordingly, no significant impacts to any federally protected wetlands will result from the development of the Active Adult Community.
Tribal Planning Areas
The Tribal Planning Areas share the same habitat conditions. The Tribal Planning Areas also contain no natural occurring springs or permanent aquatic habitats. Accordingly, no significant impacts to any federally protected wetlands would result from the development of the Tribal Planning Areas. 12-452
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Interfere Substantially With the Movement of any Native Resident, Migratory Fish or Wildlife Species
Active Adult Community and Tribal Planning Areas
The Project Site does not serve as a wildlife movement corridor. The Project Site does not connect any otherwise isolated areas of habitat; it serves more as a wildlife habitat than a wildlife corridor or linkage.
Accordingly, no significant impacts to the movement of wildlife species would result from the development of the Project.
Cause a Conflict With any Local Policies or Ordinances Protecting Biological Resources
Active Adult Community and Tribal Planning Areas
Development of the p roposed Project as a whole will not conflict with any local policies protecting biological resources. The THCP, discussed in detail above, is being implemented by the Tribe to mitigate impacts to the sensitive species covered by the plan on land under the Tribe’s authority. The proposed Project is consistent with the THCP and it is not located in any of the Target Acquisition Areas defined in the THCP. Accordingly, no significant impacts would occur.
Conflict with the Provisions of any Approved Local, Regional, or State Habitat Conservation Plan
Active Adult Community
The Tribe’s purpose in adopting the THCP is to continue to protect natural resources in and around the Reservation by assuming the role of primary manager of such resources and land uses that impact them.
Also, the Tribe wishes to achieve this by establish ing consistency and streamline permitting requirements with respect to protected species. Development of the Project Site would be subject to the THCP, which is intended to address development and other activities taking place within the Tribe’s jurisdictions and provide the means to protect and conserve federally listed species and others deemed by the Tribe and USFWS to be sensitive and potentially in need of listing in the future.
The Project Site is not located within the Target Acquisition Areas identified in the THCP and w ith payment of the conservation fee, development would be consistent with the THCP.
Tribal Planning Areas
As discussed above, the Project Site, inclusive of the Tribal Planning Areas, is located within the THCP area and development would not conflict with this habitat conservation plan as the Project Site is not 12-453
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located within the Target Acquisition Areas identified in the plan . Moreover, the applicable THCP conservation fee will be paid by future projects in the Tribal Planning Areas. Accordingly, impacts would be less than significant.
5. Cumulative Impacts
Implementation of the proposed Project in conjunction with other related projects within the County of Riverside and the City , and other growth permitted by the City’s General Plan and the General Plans of other jurisdictions in the Coachella Valley will result in cumulative impacts to biological resources.
The City and other jurisdictions in the Coachella Valley are participants in the Coachella Valley Multiple Species Habitat Conservation Plan ( CVMSHCP). The CVMSHCP and THCP are intended to address the cumulative impacts on sensitive biological species posed by development throughout the Coachella Valley through the provision of mitigation for regional cumulative biological effects resulting from development within the HCP areas. By establishing dedicated conservation areas with stringent development restrictions, the intent of the HCPs is to allow needed development to proceed elsewhere in the valley while preserving sufficient habitat for plant and wildlife species to survive. In this manner, compliance with the HCPs ensure that cumulative impacts to biological resources are mitigated to a level considered less than significant.
As with the proposed Project, related projects would be subject to the CVMSHCP or THCP as applicable, and the impacts from those projects to sensitive habitat, sensitive plants, and sensitive wildlife would be required to be mitigated through compliance with the requirements of the CVMSHCP or THCP, including the payment of the CVMSHCP Conservation Plan Fee or Tribal HCP Conservation Fee . Therefore, implementation of related projects and other anticipated growth in the Coachella Valley would not combine with the Project to result in cumulatively considerable impacts on biological resources.
C. MITIGATION MEASURES
The following Mitigation Measures would reduce biological resource impacts:
Active Adult Community and Tribal Planning Areas
MM 5.3-1 Tribal Habitat Conservation Plan. Prior to the issuance of any grading permits, the THCP Conservation Fee shall be paid.
MM 5.3-2 Burrowing Owl. To avoid impacts to burrowing owls during construction, the following actions, which are consistent with the Staff Report on Burrowing Owl Mitigation prepared by the California Department of Fish and Wildlife on March 7, 2012, and approved and accepted by the U.S. Fish and Wildlife Service, shall be taken:
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1. A preconstruction survey should take place not more than 30 days prior to any construction activities planned between February 15 and June 15, the breeding season for burrowing owls, project grading to determine the location of any active burrows on and within 550 yards of an approved project site. If no active burrows are found in the survey area, site disturbance may commence providing a biological monitor is onsite.
2. A biological monitor, with the authority to halt or redirect grading, shall be present whenever grading or construction vehicles are present and operating on the project site. The function of the monitor is to protect burrowing owls that arrive on or near the project site after the clearance survey and during the construction period.
MM 5.3-3 Loggerhead Shrike. To avoid impacts to Loggerhead Shrikes during construction, breeding surveys shall be conducted simultaneously with burrowing owls surveys , 30 days prior to any construction activities planned between February 15 and June 15, which is the breeding season for both species. If a shrike nest is found, a buffer shall be established in which construction activities are prohibited until all young have fledged.
The width of the buffer shall be determined by a qualified biologist.
D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
Payment of the THCP Conservation Fee, as required by Mitigation Measure MM 5.3-1, will mitigate the potential impact of the Project on sensitive wildlife and plant species addressed by the THCP , which are identified as present or likely to be present within the Project Site , including burrowing owl, Coachella Valley fringe -toed lizard, Flat -tailed horned lizard, Palm Springs ground squirrel, and Coachella Valley milk-vetch, to a less than significant level.
While payment of the THCP Conservation Fee will mitigate the impact of the Project on the burrowing owl and its habitat to a less than significant level, Mitigation Measure MM 5.3-2 will further mitigate the direct impact of Project construction activities on any individual burrowing owls that may be present on the site.
Mitigation Measure MM 5.3-3 will mitigate the direct impact of Project construction activities on any individual Loggerhead Shrikes that may be present on the site to a less than significant level.
No significant unavoidable project or cumulative impacts to biological resources would result from the Project.
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5.4 CULTURAL RESOURCES
Cultural resources include places, objects, and settlements that reflect group or individual religious, archaeological, architectural, or paleontological activities. Such resources provide information on scientific progress, environmental adaptations, group ideology, or other human advancements. This Section of the Draft EIS evaluates the potential for implementation of the proposed Project to impact cultural resources within the Project Site and in the immediate surrounding area . Information from the following study of the Project Site is incorporated into this Section:
• Pulte Group Section 24 Cultural Resource Study, Rancho Mirage, Riverside County, California , Kenneth M. Becker and Scott H. Kremkau, July 2014.
Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
1. Existing Conditions
Regional and Local Setting
California is divided into geomorphic provinces , which are distinctive, generally easy -to-recognize natural regions in which the geologic record, types of landforms, pattern of landscape features, and climate in all parts are similar. The Project Site is in the Coachella Valley in the northern part of the Colorado Desert Geomorphic Province, which is a low -lying barren desert basin. More specifically, the Project Site located on the Reservation within unincorporated Riverside County, surrounded by the City of Rancho Mirage in the heart of the Coachella Valley.
Topographically, the Project Site generally slopes downward to the northeast. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located near the southwest corner and the lowest points located near the northeast corner site.
The approximate 577 -acre Project Site has never been developed and currently consists of relatively undisturbed desert lands. However, at least three disturbed areas were identified on the Project Site with two graded areas in the northwest and northeast portions of the Project Site and one area covered with artificial fill in the southwestern portion of the site. The graded area in the northeast portion of the Project Site was used as a parking and staging area for the construction of the Agua Caliente Casino Resort Spa in 2007. The graded area in the northwest portion of the Project Site was used as a source of fill for the construction of the Bob Hope Drive /Interstate 10 (I-10) Interchange in 2010. The two graded areas in the northwest and northeast portions of the site were monitored for cultural resources during Meridian Consultants 5.4-1 Section 24 Specific Plan Project 044-001-13 November 2014
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construction and no cultural resources were found in either area. The artificial fill located in the southwest corner of the Project Site was deposited in approximately 2003 during construction of the Mission Hills housing complex and golf course located west of Los Alamos Road.
The rest of the Project Site is dominated by a large, northwest -southeast-trending sand dune. The dune has a steep, northeast- facing slope on the north side of the Project Site while the south side of the Project Site parallels the top of the dune and is relatively flat.
Cultural Setting
Prehistoric Background
Three principal prehistoric periods 1 include the Paleoindian, Archaic, and Late Prehistoric periods. The Paleoindian period groups, probably with Clovis complex technology, occupied much of California beginning about 12,000 years before present (BP). However, there is very little evidence of a Paleoindian period occupation of the northern Coachella Valley. The reasons for this are unclear but may be related to a lack of habitat for the large game hunted by Clovis people. There is also little known evidence of San Dieguito presence in the northern Coachella Valley. The reasons for this are unclear, but the lack of an early occupation may indicate that Lake Cahuilla was not inundated during this time.
The Archaic period groups began approximately 8,000 years BP and record s suggest only a minor occupation by relatively few people. When the climate began to cool approximately 4,000 years BP, it appears that the Colorado Desert was reoccupied and several archaeological sites in the northern Coachella Valley are dated to this time. Records suggest much of the occupation centered on the shores of Lake Cahuilla. Excavations at two sites near Desert Hot Springs located 12 kilometers ( km), or approximately 7 miles, northwest of the Project Site encountered deposits dating to the transition from the Late Archaic to the late Prehistoric period, approximately 1 ,200 to 1,000 years BP . These sites contained evidence for habitation, including hearth features; activity surfaces and a variety of artifact types, such as fl aked stone debitage; faunal remains; and possible human remains. These sites are located adjacent to the ethno historically known Seven Palms Village , and it is likely these sites represent an early occupation of the village.
The Late Prehistoric period groups began approximately 1,500 B.P. Yumkan (or Patayan) agricultural groups along the Colorado River area began to influence Colorado Desert groups, particularly in the Coachella Valley. Agricultural crops were also probably introduced into the area during this time. The 1 Jerry Schaefer, “The Challenge of Archaeological Research in the Colorado Desert: Recent Approaches and Discoveries,” Journal of California and Great Basin Anthropology 16 no. 1 (1994): 60–80.
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Late Prehistoric period groups that occupied the Coachella Valley were the direct ancestors of the ethnographic Cahuilla. This period represents a significant increase in human occupation of the Coachella Valley and several large archaeological sites from this period have been identified.
Ethnographic Background
The aboriginal group that occupied the northern Coachella Valley during the historical period was the Desert Cahuilla, who, along with the Mountain and Pass Cahuilla, constituted the ethnographic Cahuilla.
The Cahuilla spoke a language of the Takic branch of Northern Uto -Aztecan, and the Desert Cahuilla spoke a distinct dialect of Cahuilla. There have been few archaeological studies of the historical- period Cahuilla, but testing at the former Mission Creek Indian Reservation, approximately 35 kilometers or 22 miles northwest of the Project Site, identified occupations stretching from the Lake Prehistoric period into the early twentieth century. Similarly, excavations at Tah quitz Canyon, 12 kilometers or 7 miles west of Project Site, found a large village complex dating between 1600 and 1870.
The Cahuilla exploited a large number of plant species with mesquite on the Coachella Valley floor as the primary food staple. The Desert Cahuilla also grew a few agricultural crops, namely corn , beans, and squash, which were probably obtained from native peoples along the Col orado River to the east. The Cahuilla also preferred a variety of animals including deer and mountain sheep to smaller animals such as rabbits and rodents. The Cahuilla population was originally as many as 3,000 people, but declined rapidly after the smallpox and measles epidemic of 1863.
In 1876, t he Agua Caliente Indian Reservation (“ Reservation”) was founded by an Executive Order of President Ulysses S. Grant which was expanded in 1877 and 1907. The R eservation covers roughly 31,500 acres and consists of all even -numbered sections and all unsurveyed portions of Township 4 South, Ranges 4 and 5 East, and Township 5 S outh, Range 4 East, on the San Bernardino Meridian, with the exception of sections already given out by the United States (U S) government. The odd -numbered sections had already been given to railroads as an incentive to develop cross -country rail lines, and as such, the Reservation appears as a checkerboard pattern on maps. In 1891, Congress passed the Mission Indian Relief Act, w hich authorized allotments of Reservation land to be given to individuals. The allotment elections were finally approved by the S ecretary of the Interior as part of the Equalization Act in 1959, which finalized the individual Indian allotments and set aside certain lands for Agua Caliente Tribal use and cemeteries.
Historical Background
The extreme aridity of the Colorado Desert acted as a deterrent to many early explorers. The earliest recorded European visit to the Coachella Valley was by José Romero in the winter of 1823 –1824, the Meridian Consultants 5.4-3 Section 24 Specific Plan Project 044-001-13 November 2014
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leader of an expedition attempting to reach the Colorad o River by a new route .2 Until the mid - nineteenth century, however, most expeditions into the Coachella Valley were con fined to the established prehistoric trail systems. In 1853, William P. Blake described the Coachella Valley during the Pacific Railroad Survey expedition .3 Blake recorded the general environment, noted the location o f Indian villages, described native agriculture in the Coachella Valley, and recorded some oral traditions of the Indians concerning life around ancient Lake Cahuilla. In 1855 and 1856, the U.S. Land Office Survey surveyed the valley and divided it into townships and sections . Section 24 was added to the Reservation in 1877.
Bob Hope Drive (formerly Rio del Sol Road) was built in the mid -1920s. The development of the S tate highway system in the early twentieth century opened the Coachella Valley to further development and became a popular vacation spot for residents in the Los Angeles Basin. I-10 was completed on its current alignment in 1957. During the late twentieth century, development in the Coachella valley expanded rapidly, with country clubs and housing developments appearing along U.S. Highway 111 and I-10.
Modern aerial photographs of the Project Site show little evidence of human activity , a side from the development of Agua Caliente Casino Resort Spa east of the Project Site.
Archaeological Resources
Records searches and other archival research were conducted at the California Historical Resources Information System Eastern Information Center (EIC), Department of Anthropology, University of California, Riverside, on March 28 and March 29, 2013. The records search looked at all reports from archaeological work executed within a 1 -mile radius of the Project Site. The records search also consulted the catalog of National Register of Historic Places (NRHP) sites and the California Historical Landmarks (CHL).
Six isolated artifacts within the Project Site were identified in the records search. None of these artifacts were relocated during the site survey.
A new archaeological site, SRI-1, was identified during the surveys of the Project Site. SRI-1 is a historical period site consisting of surface artifact scatters of fragments of glass bottles and metal cans. The site has two distinct artifact scatters consisting of fragments of at least nine glass alcohol/beverage 2 Lowell J. Bean and William M ason, Diaries & Accounts of the Romero Expeditions in Arizona and California, 1823 -1826 (Palm Springs, CA: Palm Springs Desert Museum, 1962).
3 Blake, William P, Reports of Explorations in California for Railroad Routes to Connect with Routes near the 35th and 32nd Parallels of North Latitude, 1857.
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containers and four church -key-opened sanitary cans. Other cans, likely modern refuse, were probably tossed from passing cars on Ramon Road, also litter the site and are found scattered throughout the area.
Historical Resources
The Project Site has never been developed and currently consists of relatively undisturbed desert lands , except for the previously mentioned areas in the northwest, northeast, and southwest portions of the site. There are no standing structures within the confines of the Project Site.
The Project Site has been previously surveyed for cultural resources. Only five historical- period isolated artifacts are located within the Project Site, but several prehistoric and historical -period sites are known to be in the surrounding area. The five historical-period isolat ed artifacts were not located during the survey of the Project Site. Much of the historical- period use of the Project Site is associated with the railroad and with informal dumping practices.
A portion of the northern part of the site is covered in modern trash, dating primarily to the 1960s through the 1980s. This trash includes aluminum-topped, pull-top beer cans, aluminum beer cans, couch cushions and other pieces of furniture, and pieces of plastic. It is likely that most of this trash was thrown from v ehicles driving along Ramon Road. The prevailing winds in the area blow south from the road, and as such, cans and other lightweight artifacts may have been blown throughout the Project Site during periods of high wind.
Paleontological Resources
Paleontological resources are valued for the information they yield about the history of the earth and its past ecological settings. The Project Site contains recent alluvium, which has a low potential to contain significant paleontological resources.4
2. Regulatory Setting
Federal
National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) authorized formation of the N RHP and coordinates public and private efforts to identify, evaluate, and protect the nation’s historic and 4 Riverside County General Plan, “Multipurpose Open Space Element, ” (2003), fig. OS-8, “ Paleontological Sensitivity Resources Map.”
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archaeological resources. The N RHP includes districts, sites, buildings, structures, and objects that are significant in American history, architecture, archaeology, engineering, and culture.
Section 106 (Protection of Historic Properties) of the NHPA requires federal agencies to take into account the effects of their undertakings on historic properties. A Section 106 Review refers to the federal review process designed to ensure that historic properties are considered during federal project planning and impl ementation. The Advisory Council on Historic Preservation, an independent federal agency, administers the review process, with assistance from State Historic Preservation Offices (SHPOs). If any impacts are identified, the agency undergoing the project mus t identify the appropriate SHPO to consult with during the process.
The Advisory Committee on Historic Preservation includes requirements for consultation with Indian tribes when federal agencies are undertaking an activity that could cause harm to a histo ric resource or a potential historic resource under Title 36 of the Code of Federal Regulations Part 800, “Protection of Historic Properties,” which became effective January 11, 2001. Pursuant to Section 101(d)(2) of the NHPA, the National Park Service designated the Agua Caliente Band of Cahuilla Indians (Tribe) as a Tribal Historic Preservation Office (THPO) in 2005. THPO works with the Tribal Council, other Tribal departments, and federal and State agencies for activities occurring on, or affecting historic properties on, the Reservation , such as Section 106 reviews, monitoring construction and archaeological excavations, protecting burials, and building an archival database.
Archaeological Resources Protection Act
The Archaeological Resources Protection Act of 1979 regulates the protection of archaeological resources and sites that are on federal and Indian Lands.
Native American Graves Protection and Repatriation Act
The Native American Graves Protection and Repatriation Act 5 (NAGPRA; HR 5237), enacted July 10, 1990, is a federal law that provides a process for museums and federal agencies to return certain Native American cultural items, such as human remains, funerary objects, sacred object, or objects of inalienable cultural patrimony, to lineal descendants and culturally affiliated Indian tribes. The NAGPRA states that any such cultural items that are found on federal or tribal lands after the date of enactment would be considered owned or controlled by (in this order) lineal descendants, the tribe on whose land it was found, the tribe having the closest cultural affiliation with the item, or the tribe that aboriginally 5 Native American Graves Protection and Reparation Act. 25 United States Code, sec. 3001 et., seq. 1990.
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occupied the area. The Cahuilla Inter -Tribal Repatriation Committee (CITRC) is a collaborative effort of Cahuilla tribes in southern California for the purpose of repatriation of objects meeting the criteria of the NAGPRA. CITRC provides information to museums and institutions about the CITRC operations and procedures and assists other tribes considering the formation of a repatriation p roject or collaborative committee.
National Register of Historic Places
Section 106 of the NRHP requires federal agencies to take into account the effects of an undertaking on historic properties, which are defined as cultural resources included in or eligible for listing in the NRHP.
Determination of NRHP eligibility for cultural resources prior to making a finding of effect is made according to the following criteria:
The quality of significance in American history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and a) that are associated with events that have made a significant contribu tion to the broad patterns of our history; or
b) that are associated with the lives of persons significant in our past; or c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or tha t possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d) that have yielded, or may be likely to yield, information important in prehistory or history.
If cultural resources do not meet the above criteria, they are not historic properties and are not further considered in the Section 106 process. In addition to having significance, resources must have integrity for the period of significance. The period of significance is the date or span of time within which significant events transpired or significant individuals made their important contributions.
California
State Health and Safety Code
The discovery of human remains is regulated per California Health and Safety Code , Section 7050.5, which states that
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concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible… The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the coroner determines that the remains are not subject to his or her authority and…has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.”
California Register of Historical Resources
The California Register of Historical Resources (CRHR) is the authoritative guide to the S tate’s significant archaeological and historical resourc es. It closely follows the eligibility criteria of the NRHP but deals with State and local-level resources. The CRHR serves to identify, evaluate, register, and protect California’s historical resources. For purposes of CEQA, a historical resource is any building, site, structure, object, or historic district listed in or eligible for listing in the CRHR (P ublic Resources Code, Section 21084.1). A resource is considered eligible for listing in the CRHR if it meets any of the following criteria:
a) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
b) Is associated with the lives of persons important in our past. c) Embodies the distinctive characteristics of type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. d) Has yielded, or may be likely to yield, information important in prehistory or history [P ublic Resources Code Section 5024.1(c)].
Historical resources meeting one or more of the criteria listed above are eligible for listing in the CRHR.
In addition to significance, resources must have integrity for a period of significance -the date or span of time within which significant events transpired or significant individuals made important contributions.
Important archaeological resources are required to be at least 50 years old to be considered. “Integrity is the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource’s period of significance .” Simply put, resources must “retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance.
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CEQA also requires the lead agency to consider whether there is a significant effect on unique archaeological resources that are not eligible for listing in the California Register. As defined in CEQA, a unique archaeological resource is
“ an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:
1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information.
2. Has a special and particular quality such as being the oldest of its type or the best available example of its type.
3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.”
If an archaeological resource is found eligible for listing in the CRHR, then it is considered under CEQA to be a historic resource that needs to be protected. This may also apply to unique archaeological resources. If a historic resource may be impacted by activity, under CEQA, avoidance and preservation in place is the preferred alternative. If that is not possible, then a data recovery plan will need to be created and enacted to lessen impacts to the environment to a less than significant level. If the archaeological resource is not eligible for listing in the CRHR, and it is not a unique archaeological resource, then no further action is required to protect or mitigate possible impacts to it.
California Public Resources Code
Archaeological, paleontological, and historical sites are protected pursuant to a wide variety of S tate policies and regulations enumerated under the California Public Resources Code. In addition, cultural and paleontological resources are recognized as a non -renewable resource and, therefore, receive protection under the California Public Resources Code and CEQA. • California Public Resources Code Sections 5020-5029.5 continued the former Historical Landmarks Advisory Committee as the State Historical Resources Commission (SHRC). The SHRC oversees the administration of the California Register of Historical Resources, and is responsible for the designation of State Historical Landmarks and Historical Points of Interest. • California Public Resources Code Sections 5079 -5079.65 defined the functions and duties of the Office of Historic Preservation (OHP). OHP is responsible for the administration of federally and State-mandated historic preservation programs in California and the California Heritage Fund.
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• California Public Resources Code Sections 5097.9-5097.998 provide protecti on to Native American historical and cultural resources and sacred sites, and identify the powers and duties of NAHC. These sections also require notification of discoveries of Native American human remains, descendants and provide for treatment and disposition of human remains and associated grave goods.
Regional and Local
Tribe
Agua Caliente Tribal Historic Preservation Office
The mission of the THPO program is to ensure the continuance of the cultural heritage of the Agua Caliente Band of Cahuilla Indian s for current and future generations. THPO promotes and protects the tribal heritage while pursuing economic development on its lands, and encourages developers and municipalities to partner in this effort. THPO offers the following programs and services dedicated to the documentation and management of cultural resources significant to the Tribe, such as archaeological sites, burials, buildings or other structures, resourcing gathering areas (plants, minerals), and sacred places (springs, hills, etc.):
• Burial Sites Protection Program. THPO works with families (lineages) and the Tribal Council to protect and preserve burials. The purpose of this program is to ensure that burials are treated with respect and dignity. Efforts are underway to build a database of known burial locations (both intact and relocated remains) so they can be more effectively protected. • Cultural Monitoring/Field Services. This program assists in the protection of burials (cremations) that have already been identified and looks for buried cultural remains, including remains, not previously identified during cultural resources inventories of proposed project areas. THPO provides qualified cultural monitors for development and archaeological projects on the Reservation and in the Traditional Use Area (TUA).
• Compliance and Consultation. This program reviews cultural resources reports prepared by developers or their consultants prior to development on tribal lands or lands within the TUA and makes “determinations of effect” (decides whether or not those projects will have an impact on cultural resources). It also develops policies and consults with Coachella Valley cities and Riverside County on CEQA and other S tate-regulated documents. TPHO consults with federal agencies, including the Nationa l Park Service, Bureau of Land Management, and the U.S. Forest Service, to ensure that activities on their lands will not have an adverse effect on significant cultural resources. • Cultural Register. The cultural register is the repository of all documentation related to cultural resources on Reservation and TUA lands. THPO is working to build a relational digitized database. It is also developing a reference library of materials related to Agua Caliente and the Cahuilla in general, and materials related to historic preservation and cultural resource management.
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B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant cultural resources impact if it would:
Threshold 5.4-1 Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5.
Threshold 5.4-2 Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.
Threshold 5.4-3 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
Threshold 5.4-4 Disturb any human remains, including those interred outside of formal cemeteries.
Threshold 5.4-5 Have the potential to cause a physical change, which would affect unique ethnic cultural values.
Threshold 5.4-6 Restrict existing religious or sacred uses within the potential impact area.
2. Methodology
The Section 24 Cultural Resource Study involved archaeological archival research and a field survey of the entire Project Site. Records searches and other archival research were conducted at the EIC, Department of Anthropology, University of California, Riverside, on March 28, 2013. The goal of the records search was to review any previous archaeological projects that may have been conducted within the Project Site and identify previously recorded archaeological resources located on the property. The records search looked at all reports from archaeological work executed within a 1 -mile radius of the Project Site. The records search was conducted by examining USGS topographic maps held by the EIC that contain the locations of all previous cultural resource surveys and known archaeological sites.
Transparencies preprinted with USGS topographic maps and outlines of the Project Site and a 1 -mile buffer zone around the Project Site were placed over the EIC maps, and locations of previously recorded sites and the outlines of previous surveys were traced onto the transparencies. Survey reports and site records for previously recorded sites pertaining to the surveys and sites traced to the transparencies were subsequently photocopied. The records search also consulted the catalog of NRHP sites and the CHL.
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Additional archival research was performed on March 29, 2013. Primary and secondary sources were reviewed for information pertinent to historical- period activities in the project area. Historical maps were consulted for information regarding specific historical- period land use in and around the Project Site. USGS Historical Topographic Map Collection , online Bureau of Land Management General Land Office (BLM GLO) Records, and historical maps on file at the EIC were also reviewed.
A pedestrian survey of the Project Site was conducted from January 24 to 30, 2014. Although most of the survey area had been previously surveyed, SRI archaeologists resurveyed the area to ensure continuity in the methods used throughout the entire survey area. Prior to the start of fieldwork, the survey area was divided in sect ors, each of which represented the area to be surveyed within a given day. The survey was conducted with a team of three archaeologists spaced at 15 -meter intervals. The crew walked in straight-line transects across the survey area. The progress of the sur vey was monitored using Trimble Geo XT/XH Global Positioning System (GPS) units and high -resolution aerial photographs.
A map of previously recorded sites was used as a background on the GPS units. This allowed survey crew members to determine if sites or features encountered during the survey had been previously recorded during other archaeological surveys.
When an artifact was encountered during survey, a brief examination of the immediate area was conducted to locate any associated features or artifacts. The criteria used to define sites and isolated artifacts followed the guidelines set by the California Office of Historic Preservation ( OHP). 6 A new site
was defined as any three or more artifacts found in association with one another or a single feature recorded over 40 meters from an existing site. One or two artifacts found in association with one another were treated as isolated finds. Once the discovery was determined to be either a site or an isolated artifact, the location of the area was recorded with a Trimble GPS unit and assigned a temporary isolated-artifact or site number. Location information and a brief description were recorded on standard archaeological site forms. No artifacts were collected during the survey.
Historical Methodology
CEQA Guidelines Section 15064. 5 provides direction on determining significance of impacts to archaeological and historical resources. Typically a resource shall be considered “historically significant” if the resource meets the criteria for listing, including the following:
6 California Office of Historic Preservation (OHP) , Instructions for Recording Historical Resources (Sacramento: California Office of Historic Preservation, 1995).
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• Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage
• Is associated with the lives of persons important in our past • Embodies the distinctive characteristics of a type, period, region or method of construction, or represents the work of an important creative individual, or possesses high artistic values • Has yielded, or may be likely to yield, information important in prehistory or history The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, or is not included in a local register of historical resources, does not preclude a lead agency from determining that the resource may be a historical resource.
3. Project Design Features
The Project does not include any features specifically related to cultural resources.
4. Project Impacts
Cause a Substantial Change to a Historical Resource
Active Adult Community
Evaluating a site for inclusion in the NRHP and CRHR requires the use of a research design to provide a framework. Research designs are “explicit statements of the theoretical and methodological approaches to be followed in an archaeological study.”
7 As a foundation for management decisions, “all types of archaeological studies conducted to satisfy regulatory needs should be directed by research designs.” Several research designs have been created for evaluating small, historical- period refuse deposit s, including those created by the California Department of Transportation (Caltrans).
Five previously recorded resources are all historical- period isolated artifacts located within the Project Site. Although an isolated artifact identified during the records search was not relocated during the site survey, it is generally considered not eligible for listing in either the NRHP or CRHR and thus should not be considered further in the planning process . Therefore, impacts to historical period artifacts would be less than significant.
7 California Office of Historical Preservation (OHP) (1995).
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Tribal Planning Areas
The Tribe has also developed a research design for prehistoric and historical- period resources on Tribal land. The research design identifies five res earch themes: historical-period settlement, historical -period mining, railroad activities, Tribal recognition, and the desert tourism/health-spa industries.
The results of the records search indicate that 39 previous survey projects were conducted within the records-search area. Of these, 11 surveys included land within the Project Site. Of the 29 previously recorded cultural resources in the records -search area, five are located within the Project Site and 24 are located within the 1-mile-radius buffer surrounding the site. Historical-period isolated artifacts were located within the Project Site. Although the isolated artifacts identified during the records search were not relocated during the site survey, they are generally considered not eligible for listing in either the NRHP or CRHR.
A new archaeological site, SRI -1, was identified during the surveys withi n the Project Site. SRI-1 is a historical period site consisting of surface artifact scatters of fragments of glass bottles and metal cans.
The site has two distinct artifact scatters consisting of fragments of at least nine glass alco hol/beverage containers and four church -key-opened sanitary cans. Other cans, likely modern refuse, were probably tossed from passing cars on Ramon Road, also litter the site and are found scattered throughout the area.
In general, sites such as SRI-1 that are small secondary dumps that are not associated with larger sites or activity areas, are not eligible for listing in the NRHP or CRHR because of the lack of information that they provide. SRI-1 is not eligible under Criteria a, b, or c of the NRHP or Criteria 1, 2, or 3 of the CRHR, as it cannot be associated with particular people or events, nor does it represent distinctive workmanship. The age and character of the site also made it difficult to address any of the research themes under Criterion d of the NRHP or Criteria 4 of the CRHR. Although the historical- period research (see section Historical-Period Background above) found that there were homesteads in the area around the Project Site, the artifacts from SRI -1 date to a la ter time period and, thus, are not associated with the period of significance for the homesteads. Likewise, there are no known mines or prospects in the area, and the artifacts postdate the construction of the railroad by nearly 80 years. The site contains only bottles and cans that once contained alcoholic beverages, which represent a very limited set of activities that cannot be tied directly to either the development of Tribal lands or of tourism industries.
Moreover, the artifacts from SRI-1 are broken and scattered, and the site lacks integrity. Based on these findings, SRI -1 not eligible for listing in the NRHP and CRHR. Impacts to SRI -1 would be less than significant.
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The 24 previously recorded sites within 1 -mile of the Project Site include six prehistoric sites, 14 historical-period sites, two prehistoric isolated artifacts, and two historical- period isolated artifacts.
More common in the records -search area are refuse deposits dating to the mid -twentieth century.
These deposits generally contain a mixed assemblage of glass c ontainer fragments, ceramic tableware shards, food and beverage cans, and miscellaneous household items. These refuse deposits are most common along the roads and most likely reflect informal “wildcat” dumping in the general vicinity. No properties in the records-search area are listed in the NRHP or the catalog of CHL. Therefore, the Project would result in less than significant impacts on historical period artifacts within the Tribal Planning Areas.
Cause a Substantial Change to an Archaeological Resource Active Adult Community
No known ethnographic villages associated with the Project Site were identified. However, because of the nearby prehistoric sites, the area is deemed sensitive for buried archaeological sites.
The Tribe has specifically identified the Project, including the Active Adult Community, as an area of concern for sensitive cultural resources. Therefore, the Project would have the potential to result in significant impacts to archaeological resources. Implementation of Mitigation Measures MM 5.4-1 and MM 5.4-2 would ensure that an archeological monitoring plan is drafted prior to earth moving activities within the Project Site and would ensure that construction activities cease within 300 feet in the event of a find. Archaeological impacts would be mitigated to less than significant.
Although the isolated artifact identified during the records search was not relocated during the site survey, it is generally considered not eligible for listing in either the NRHP or CRHR. Therefore, the Project would result in le ss than significant impacts on historical period artifacts within the Active Adult Community.
Tribal Planning Areas
No known ethnographic villages associated with the Project Site were identified. Based on previously identified archaeological artifacts on the Project Site , there is the potential that the Project Site has a high sensitivity for both prehistoric and historical- period cultural resources. Therefore, the Project would have the potential to result in significant impacts to archaeological resources.
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construction activities cease within 300 feet in the event of a find. Archaeological impacts would be mitigated to less than significant.
Cause a Substantial Change to an Paleontological Resource Active Adult Community and Tribal Planning Areas
Paleontological resources are valued for the information they yield about the history of the earth and its past ecological settings. The Project Site contains recent alluvium which has a low potential to contain significant paleontological resources.
8 Therefore, impacts would be less than significant.
Cause a Disturbance of any Human Remains
Active Adult Community and Tribal Planning Areas
No human remains were found in the Project Site during the surveys. Based on the cultural sensitivity of the area there is the potential to find human remains during subsurface grading activities. As previously discussed, Project constructio n would require ground- disturbing activities, including grading and excavation, which could result in the discovery of previously unrecorded human remains, including Native American burials.
Should archaeological resources be encountered during subsurface excavation activities, implementation of Mitigation Measure MM 5.4 -1 requires the completion of an arch aeological monitoring plan prior to earth moving activities , and MM 5.4-2 would require a qualified archaeologist to implement procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the resources, as appropriate. Furthermore, if human remains are uncovered during subsurf ace excavation activities, implementation of Mitigation Measure MM 5.4-3 would require notification of the county coroner within 24 hours of the discovery to handle and identify the human remains.
Cause a Physical Change Pertinent to Ethical Cultural Values Active Adult Community and Tribal Planning Areas
The aboriginal group that occupied the northern Coachella Valley during the historical period was the Desert Cahuilla, who, along with the Mountain and Pass Cahuilla, constituted the ethnographic Cahuilla.
There have been few archaeological studies of the historical- period Cahuilla, but testing at the former Mission Creek Indian Reservation, approximately 35 km northwest of the project area, identified 8 Riverside County General Plan, “Multipurpose Open Space Element” (2003), fig. OS-8.
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occupations stretching from the Late Prehistoric period into the early twentieth century. Modern aerial photographs of the Project Site indicate little evidence of human activity. Aside from the development of Agua Caliente Casino Resort Spa, the Project Site remains undeveloped.
A parking area has been graded west of Bob Hope Drive adjacent to the casino parcel. B illboards appear at intervals along the southern portion of the Project Site. No unique ethnic cultural values were identified within the Project Site. As a result, Project development would not aff ect unique ethnic cultural values. Impacts would be less than significant.
Cause a Restriction of Existing Religious or Sacred Uses Active Adult Community and Tribal Planning Areas
The Project Site does not contain religious or sacred uses as identified in the cultural resources study.
Development of the Project would therefore not restrict existing religious or sacred uses. However, implementation of Mitigation Measures MM 5.4 -1 through MM 5.4 -3 would ensure that any unidentified archaeological resources or human remains be properly identified and handled during construction of the Specific Plan Area. As a result, construction impacts would be mitigated to less than significant.
5. Cumulative Impacts
Similar to the Project, ground -disturbing activities would have the potential to uncover previously unknown archeological resources, fossils of paleontological importance, and human remains. The Project, in combination with cumulative development, could contribute to the loss of undeveloped land, which could potentially contain archaeological or paleontological resources. Determinations regarding the significance of impacts of the related projects on archaeological or paleontological resources would be made on a case -by-case basis and, if necessary, the applicants of the related projects would be required to implement appropriate Mitigation Measures. Furthermore, the Project’s potential impacts to archaeological and human remains would be less than significant with the implementation of the recommended Mitigation Measures. Therefore, the Project would not contribute to any potential cumulative impacts on archaeological resources or human remains.
The analysis of cumulative impacts to historic resour ces is based on whether impacts of the Project and related projects, when taken as a whole, substantially diminish the number of historic resources within the same or similar context or property type. As discussed previously, the Project would not significantly impact any historic resources. Thus, the Project would not contribute to cumulative impacts to historic resources and would result in a less than significant impact.
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C. MITIGATION MEASURES
The following Mitigation Measures would reduce cultural res ource impacts during construction of the Project:
MM 5.4-1 Prior to the start of any ground disturbing activities within the Project Site , the Agua Caliente Band of Cahuilla Indians (Tribe) Tribal Historic Preservation Officer (THPO) shall be notified of the pending activities. A qualified archaeologist shall coordinate with the THPO during the drafting for the archaeological monitoring plan and shall the timing of when monitoring is no longer necessary. During earth moving disturbance s that involve excavation activities, if there is any evidence of Native American resources (significant or otherwise), the THPO will be notified and construction activities modified in accordance with the archaeological monitoring plan.
MM 5.4-2 If prehistoric or historical- period artifacts or features are found during the course of construction and no archaeological or Tribe approved Native American cultural resource monitor is present, work within 300 feet of the discovery shall cease, and a qua lified archaeologist and a Tribe approved Native American cultural resource monitor shall be brought in to examine the find to determine if it contains any historical or unique archaeological resources that require further mitigation. Additional fieldwork may be required to evaluate the sites for their eligibility for listing in the California Register of Historic Resources. If the archaeologist determines, in consultation with the THPO, that the resources are unique, the project applicant shall cease any disturbance of the soil within 300 feet of the find to allow sufficient time for mitigation by avoidance measures and/or other mitigation options as specified in Public Resources Code (PRC), Section 211083.2.
MM 5.4-3 If human remains are identified during construction, all construction near the find must cease immediately and the area must be secured. The Riverside County Coroner’s office must be contacted immediately, in accordance with the S tate Health and Safety Co de (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HSC, Section 7050.5(c) requires that the coroner contact the NAHC by telephone within 24 hours. The NAHC will select the Most Likely Descendant and will coordinate the treatment and final disposition (repatriation) of human remains with that individual, according to the provisions of PRC, S ection 5097.98, and any other legal requirements.
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D. LEVEL OF SIGNIFICANCE OF MITIGATION
With implementation of existing regulations and standards identified above and Mitigation Measures MM 5.4-1 through MM 5.4-3, impacts associated with cultural resources would be less than significant.
Therefore, no significant unavoidable adverse impacts relating to cultural resources have been identified. Cumulative impacts would also result in less-than-significant impacts to cultural resources.
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5.5 GEOLOGY AND SOILS
This Section of the Draft EIS addresses the potential for the proposed Project to be affected by adverse geologic or soil conditions on the Project Site . More specifically, this Section evaluates impacts associated with the Project that may potentially affect public health and safety or degrade the environment. Various federal, State, regional, and local programs and regulations related to anticipated geologic hazards are also discussed in this Section. I nformation from the following study of the Project Site is incorporated into this Section:
• Geotechnical Study, Leighton and Associates, Inc., May 2014.
A complete copy of the Geotechnical Study is included in the Technical Appendices to this Draft EIS (Appendix D). Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
1. Existing Conditions
Regional
The Project Site is located within the Coachella Valley in Riverside County. Regionally , the Coachella Valley is a part of the Colorado Desert Geomorphic Province of California. This Province consists of numerous north-south trending mountain ranges, including the San Bernardino Mountains t o the north of the Coachella Valley, the San Jacinto Mountains to the west, and the Santa Rosa Mountains to the south. The major structural feature of the Coachella Valley is the San Andreas transform system that consists of several major northwest -trending lateral strike slip faults that extend through the San Gorgonio Pass along the southern foothills of the San Bernardino Mountains. The Colorado Desert Geomorphic Province is bound on the east by the Colorado River, on the south by the Baja California border, on the north by the Transverse Ranges Province, on the northeast by the Mojave Desert Province, and on the west by the Peninsular Ranges Province.
The elevations of the Coachella Valley floor are relatively flat and defined by the nature of the tectonic depression that is traversed by multiple fault strands and is punctuated by localized compressional squeeze-ups that form dome-shaped hills of uplifted sand and gravel. , The Whitewater River is located south of the Project Site, flowing along the base of the Santa Rosa Mountains. The Whitewater River Basin provides drainage for the surrounding highlands and the northern portion of the Coachella Valley.
The streams that are within the region tend to be dry during most of the year except for the winter/spring months when there are large amounts of snow runoff from the surrounding mountains.
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The Coachella Valley is prone to wind-blown sand erosion hazards as a result of the strong winds that funnel through the steep mountain ranges. Areas at the base of the mountains are more sheltered from erosion from wind than areas in the floor of the valley. A reas adjacent to the mountains are susceptible to rock falls and unstable slopes. The regional tectonic subsidence along the Coachella Valley floor along with the uplift of adjacent mountains is responsible for the rapid deposition of poorly consolidated soils in the valley.
The California Geologic Survey (CGS) classifies faults as either (1) active, (2) potentially active, or (3) not active. Active faults as those that have, or are suspected to have, ruptured within the Holocene epoch - that is within the last 11,000 years. The Proj ect Site is located in a moderately active seismic region.
Ground shaking due to earthquakes should be anticipated during the life of the proposed improvements. The US Geological Survey (USGS) and CGS have identified 28 active, or potentially active, faults located within approximately 60 miles of the Project Site. Each of these faults is believed to be capable of producing sizeable earthquake events with significant ground motions.
The San Andreas Fault Zone is the major structural feature for the region, consisting of several northwest-trending right lateral strike slip faults that extend through the San Gorgonio pass along the southern foothills of the San Bernardino Mountains and along the northeast margin of the Coachella Valley. This Fault Zone is considered to be the longest in California, extending for over 800 miles from northern California to the Cajon Pass near San Bernardino and with depths of at least 10 miles within the Earth’s surface.
1 Project Site
The Project Site is situated on a gently southwest to northeast sloping ground that is characterized by typical sand dune topography. Site elevations range from approximately 356 feet above mean sea level (amsl) at the highest elevation to 248 a msl at the lo west elevation. The existing soil and geologic units present within the Specific Plan Area are described below:
Soils
Undocumented Fill
There are three locations on the Project Site where undocumented fill has been identified. The first disturbed area is on the northeast portion of the Project Site, which was used in 2007 as a parking and 1 Sandra S. Schultz and Robert E. Wallace, “The San Andres Fault” (Denver, CO: US Geological Survey, 2013). http://pubs.usgs.gov/gip/earthq3/safaultgip.html.
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staging area for construction of the Agua Caliente Casino/Resort/Spa. The graded area of the northwest portion of the Project Site was used in 2010 as a source of fill for the construction of the Bob Hope Drive/Interstate 10 Interchange. The third location of undocumented fill is on the southwest corner of the Project Site.
Dune Sand
The Project Site is underlain by wind- blown sand and alluvial soil deposits, which eroded from the nearby mountain ranges. The composition of these material s is considered to be of light brown gray to darker gray and loose to medium dense silty sand to poorly graded fine sand. While the exact depth of dune sand materials cannot be determined, it is estimated that these materials extend to between 5 and 20 feet below ground surface (bgs).
Quaternary Alluvium
In addition to the dune sand materials, the Project Site consists of quaternary-aged alluvial deposits with that consist of light brown to brownish gray, medium dense to very dense and poorly graded fine sand to sand with silt.
Seismic Hazards
Earthquake Faults
Due to the nature of Southern California straddling the North American and Pacific plates, the region is located in an area where numerous strike -slip faults are present . There are three active faults located within proximity of the Project Site that have the potential to create seismic hazards: the Garnet Hill, Banning, and San Andreas Faults. These three faults extend directly to the north and northwest of the Project Site approximately 1.5 miles, 2.5 miles, and 5 miles respectively. These faults roughly parallel the I-10 Freeway and the railroad corridor.
Surface Fault Rupture
Primary fault rupture results in fissuring and offset of the ground surface along a rupturing fau lt during an earthquake. Primary ground rupture typically makes up a relatively small percentage of the total damage in an earthquake, but being too close to a rupturing fault can cause severe damage to structures, and it is difficult to safely reduce the effects of this hazard through building and foundation design. The S tate definition of an active fault is designed to gauge the surface rupture potential of a fault, and is used to prevent development from being sited directly on an active fault. The Alquist-Priolo Earthquake Fault Zoning Act imposes development constraints within active fault zones.
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Although primary seismic hazards for sites in the region include strong ground shaking and fault rupture, no known active faults have been mapped across t he Project Site and the S ite is not within a currently designated Alquist-Priolo Earthquake Fault Zone.
Strong Seismic Ground Shaking
Ground shaking poses the greatest potential hazard to the Project Site given its location to several active faults, which have the capability of producing earthquakes. Impacts that would result from ground shaking include extensive structural damage and risk of injury or death. This hazard is common all throughout Southern California and is associated with inducing other geologic hazards such as slope failure, liquefaction, and soil settlement. These seismic hazards are discussed further below.
Seismically Induced Slope Failure
Slope failures generally occur within mountainous or hilly terrain where steep slopes are present. The Project Site is located within the relatively flat Coachella Valley floor and does not contain mountainous or hilly terrain that would be subject to slope failure.
Liquefaction and Ground Failure
Liquefaction generally occurs within the upper 50 feet of the ground surface when loose, cohesionless, and water-saturated soils (fine- to medium-grained) are subjected to strong seismic ground motions of earthquakes. The seismic shaking increases the pressure of the water that fills the pores of the soil grains. Groundwater depths on the Project Site are greater than 50 feet and the soil is not saturated, thus earthquake-induced liquefaction is not likely to occur.
Seismically Induced Settlement
Under certain conditions, strong ground shaking can cause the densification of soils, resulting in local or regional settlement of the ground surface. During strong shaking, soil grains become more tightly packed due to the collapse of voids and pore spaces, resulting in a reduction of the thickness of the soil column. This type of ground failure typically occurs in loose, granular, cohesionless soils and can occur in either wet or dry conditions. Under the added weight of fill embankments or buildings, these soils tend to settle, causing distress to improvements. Damage to structures typically occurs as a result of local differential settlements, although regional settlement can damage pipelines by changing the flow gradient on water and sewer lines, for example. Wind -blown sand and unconsolidated young alluvial deposits are especially susceptible to seismically induced settlement. Therefore, since the Project Site is composed of these types of deposits, it is highly susceptibility to seismically induced settlement.
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Other Geologic Hazards
Other geologic hazards that have potential to pose safety impacts in reference to the construction and operational activities of the Project are described below.
Expansive/Collapsible Soils
Expansive soils are characterized as fine -grained, such as silts and clays, soils with variable amounts of expansive clay minerals that can change in volume due to changes in water content. Collapsible soils typically occur in recently deposited soils that tend to be more dry and granular. The Project Site consists in majority of dune sand and quaternary alluvium materials that are loose to medium dense silty sand to poorly graded fine sand; therefore, the overall sand composition of the Project Site possesses very low expansion and collapsible potential.
Erosion
Since the Project Site contains cohesionless dune sand materials, the potential for surficial erosion exists. The low levels of rain in the Coachella Valley result in low vegetative growth to anchor soils.
When the Coachella Valley experiences storms, they tend to occur in high frequency, thus highly accelerating soil erosion and potentially causing floods. Moreover, the strong winds that are experienced in the Coachella Valley also accelerate e rosional processes. Thus, the Project Site is considered to be located in hazard zones of severe and very severe wind erosion.
Windblown Sand
As previously discussed , the Coachella Valley is characterized by its strong winds, which can result in windblown sand damage to buildings and landscape, reduc tion of visibility, and serve as a source of health problems. The Project Site is located in the center of the Coachella Valley, where windblown sand impacts are the greatest.
Groundwater and Surface Water
Groundwater and surface water are not found to be present on the Project Site recently or historically.
According to the Geotechnical Study prepared for the Project Site, investigation of a well located on the west side of the Site indicated that groundwater depths may be between 160 and 175 bgs. Groundwater at this depth does not pose a constraint to development. Water conditions may vary depending on rainfall and irrigation conditions and surface runoff from elevated portions of the Project Site should be expected.
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2. Regulatory Setting
Federal
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) is a program created to implement the Clean Water Act. In November 1990, the USEPA published final regulatio ns that establish requirements for specific categories of industries, including construction projects that encompass greater than or equal to 5 acres of land. The Phase II Rule became final in December 1999, expanding regulated construction sites to those greater than or equal to 1 acre. The regulations require that stormwater and non-stormwater runoff associated with construction activity, which discharges either directly to surface waters or indirectly through municipal separate storm sewer systems (MS4 ), must be regulated by an NPDES permit.
The EPA has delegated management of California’s NPDES program to t he State Water Resources Control Board (SWRCB) and the nine regional board offices, which grant permits to regulate point source discharges of indust rial and municipal wastewater into the waters of the United States. The NPDES program was established in 1972 to regulate the quality of effluent discharged from easily detected point sources of pollution such as wastewater treatment plants and industrial discharges. The 1987 amendments to the CWA
2 recognized the need to address non -point-source stormwater runoff pollution and expanded the NPDES program to operators of municipal separate storm sewer systems (MS4s), construction projects, and industrial facilities.
The Project Site is located within the 13 -million-acre Colorado River Basin, which is governed by the Colorado River Basin Regional Water Quality Control Board ( CRWQCB), also known as Region 7. The SWRCB administers the NPDES permit program regulating storm water from construction activities for projects greater than 1 acre in size. This is known as the General Permit for Storm Water Discharges Associated with Construction Activities, Order No. 2009 -0009-DWQ, as amended by Order No. 2012 - 0006-DWQ, NPDES No. CAS000002. The main compliance requirement of NPDES permits is the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to identify potential on -site pollutants and identify and implement appropriate storm water pollution prevention measures to reduce or eliminate discharge of pollutants to surface water from stormwater and non -stormwater discharges. Storm water best management practices (BMPs) to be 2 Clean Water Act, 33 Code of Federal Regulations, sec. 402(p) (2008).
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implemented during construction and grading, as well as post-construction BMPs, will be outlined in the SWPPP prepared for the proposed Project.
In 2011, the Tribe received an exemption from NPDES Permit requirements from the US EPA because those portions of the Reservation under Tribal jurisdict ion (i.e. areas outside of the Land Use Agreements) do not qualify for maintaining permit coverage.
State
Alquist-Priolo Earthquake Fault Zoning Act
The purpose of the Alquist -Priolo Earthquake Fault Zoning Act is to identify hazards associated with surface fault ruptures and to prevent the construction of buildings on active faults. 3 The State Geologist is required to establish and map zones around the surface traces of active faults, which are then distributed to county and city agencies to be incorporated into their land use planning and construction policies. Proposed development needs to be proven through geologic investigation to not be located across active faults before a city or county can permit the implementation of projects. If an active fault is found, development for human occupancy is prohibited within a 50 -foot setback from the identified fault.
Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act is a S tate legislation that requires delineated maps to be created by the California S tate Geologist to reflect where potential ground shaking, liquefaction, or earthquake - induced landslides may occur. 4 Cities and counties are required t o obtain approval for development on nonsurface fault rupture hazard zones and mitigate seismic hazards. The purpose of the Seismic Hazards Mapping Act is to protect the public from the effects of nonsurface fault rupture earthquake hazards, inducing strong ground shaking, liquefaction, seismically induced landslides, or other ground failure caused by earthquakes.
2013 California Building Standards Code, California Code of Regulations The 2013 California Building Code (CBC) is administered by the California Building Standards Commission (CBSC). The CBC governs all development within the State of California, as amended and adopted by each local jurisdiction. These regulations include provisions for site work, demolition, and construction, which include excavation and grading, as well as provisions for foundations, retaining walls, and 3 California Public Resources Code, sec. 2621.5.
4 California Public Resources Code, sec. 2690–2699.6
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expansive and compressible soils. The CBC provides guidelines for building design to protect occupants from seismic hazards.
Regional and Local
South Coast Air Quality Management District
The South Coast Air Quality Management District (SCAQMD) serves as the air pollution control agency for the counties of Orange, Los Angeles, Riverside, and San Bernardino. The SCAQMD is responsible for controlling emissions from primarily stationary sources. Rules 403 and 403.1 are designed to require that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emissions source.
SCAQMD Rule 403. This rule governs emissions of fugitive dust during construction and operation activities. Compliance with this rule is achieved through BMPs. This may include application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour, sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a permanent ground cover on finished sites.
SCAQMD Rule 403.1. Rule 403.1 is a companion regulation to Rule 403 that is only applicable to fugit ive dust sources in the Coachella Valley. Rule 403.1 establishes special requirements for Coachella Valley fugitive dust sources under high- wind conditions and requires AQMD approval of dust control plans for sources not subject to local government ordinances (e.g., school districts). As with Rule 403, compliance with this rule is achieved through BMPs. This supplemental rule requires the submittal and approval of a Fugitive Dust Control Plan before the start of any construction or earth-moving activities.
Rancho Mirage Municipal Code
Title 15, Building and Construction. Upon annexation to the City of Rancho Mirage (“City”), building and construction activities for the Active Adult Community would be subject to this Title of the Rancho Mirage Municipal Code, which governs the conditions and maintenance of all property, buildings, and structures within the City . This Title is based on the 20 13 California Building Code (CBC), which sets minimum design and standards for construction of buildings and structu res that must also meet minimum seismic strengthening standards.
Title 15, Chapter 64, Grading. This Chapter of the Rancho Mirage Municipal Code establishes standards for design and construction of buildings and development of property by grading. These r egulations are Meridian Consultants 5.5-8 Section 24 Specific Plan Project 044-001-13 November 2014
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intended to minimize impacts as a result of grading in order to protect and preserve the public health, safety, general welfare, aesthetic value, and natural resources of the City.
Tribe
Agua Caliente Band of Cahuilla Indians Tribal Building and Safety Code As adopted from the CBC, the purpose of the Tribal Building and Safety Code is to provide standards and regulations to control minimum building safety standards of all buildings and structures on the Agua Caliente Indian Reservation (“Reservation”). These standards are intended to protect the health, safety, and welfare of the general public related to any potential building hazards. All building permit approvals from the Tribe are based upon this Code.
Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Reservation The purpose of this Tribal Ordinance is to regulate and control all pollutant discharges into the waters of the Reservation. Per this Ordinance, no pollutant discharges are allowed into the waters of the Reservation unless there is prior consultation with the Federal, Tribal, or State agency with jurisdiction under the Clean Water Act and/or the Safe Drinking Water Act, and if required, appropriate permit(s) are obtained.
B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant impact to geology and soils, if it would:
Threshold 5.5-1: E xpose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
• Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
• Strong seismic ground shaking?
• Seismic-related ground failure, including liquefaction? • Landslides?
Threshold 5.5-2: Result in substantial soil erosion or the loss of topsoil? Meridian Consultants 5.5-9 Section 24 Specific Plan Project 044-001-13 November 2014
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Threshold 5.5-3: Be located on a geologic unit or soil that is unstable, or that would become unstable as result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Threshold 5.5-4: Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Threshold 5.5-5: Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
2. Methodology
The analysis of potential impacts to geologic and soil hazards that would be associated by the Project included the following elements:
• Literature review, including review of pertinent previously performed geotechnical reports for adjacent sites
• Field explorations performed on February 26 and 27, 2013; and March 4 through 8, 2013 • Geologic mapping and subsurface exploration
• Laboratory testing and analyses performed on selected soil samples obtained from the subsurface explorations
• Engineering analyses
3. Project Design Features
The following Project Desi gn Features (PDF) are incorporated into the proposed Project and would reduce the potential geology and soils impacts of the Project. These features were taken into account in the analysis of potential impacts.
PDF 5.5-1 T he Project will be designed in accordance with either the Agua Caliente Band of Cahuilla Indians Tribal Building and Safety Code , the City of Rancho Mirage Municipal Code if property is annexed into the City and becomes subject to the City’s land use jurisdiction, or the County of Riverside, as applicable, to minimize the potential for damage due to geologic hazards.
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PDF 5.5-2 The Project includes landscaped and paved open space areas as well as new buildings and non -erosive drainage structures that will be designed to prevent accelerating instability that would constitute a hazard to other properties.
PDF 5.5-3 When grading is completed, the vegetation planting of the Project Site will occur as soon as possible in order to maintain property erosion contro l measures and minimize blowsand.
PDF 5.5-4 The Project will incorporate design features such as drought-tolerant landscaping, parks, stormwater retention/infiltration basins, and bioswales to minimize soil erosion from runoff.
PDF 5.5-5 In accordance with NPDES, t he Project will develop and implement a Storm Water Pollution Prevention Plan (SWPPP) , including Best Management Practices (BMPs) , in order to minimize soil erosion impacts.
4. Project Impacts
Expose People or Structures to Potential Substanti al Adverse Effects Involving Rupture of a Known Alquist-Priolo Earthquake Fault
Active Adult Community
The State of California, under the guidelines of the Alquist -Priolo Earthquake Fault Zoning Act, classifies faults as active, potentially active, and not active. The Project Site is located in a region that consists of numerous active faults, such as the Banning, Garnet Hill, and San Andreas Faults . The Banning Fault is the only fault to be located within an Alquist -Priolo Earthquake Fault Zone. The Garnet Hill Fault is located as a recommended Fault Hazard Management Area, which requires subsurface investigations of the fault as the area develops. Since the Project Site does not directly transect the Banning Fault, it would not expose people or structures to any substantial effects involving the rupture of a known Alquist-Priolo Earthquake Fault. Therefore, there would be no significant impacts.
Tribal Planning Areas
As discussed previously for the Active Adult Community, the Tribal Planning Areas are also not located within an Alquist -Priolo Earthquake Fault Zone , thus there would be no significant impacts related to exposing people or structures to any substantial effects from the rupture of a known Alquist -Priolo Earthquake Fault.
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Expose People or Structu res to Potential Substantial Adverse Effects Involving Strong Seismic Ground Shaking
Active Adult Community
The intensity of ground shaking at a given location depends on several factors, but primarily on the earthquake magnitude, the distance from the hyp ocenter to the site of interest, and response characteristics of earth units underlying the site of interest. Similar to most of Southern California, the Project Site is in a seismically active area and is subject to some level of ground shaking as a result of movement along the major active (and potentially active) fault zones that characterize this region. The Project Site would most likely experience background shak ing or potentially moderate to occasionally high ground shaking from faults in the region. Strong ground shaking can cause settlement by allowing sediment particles to become more tightly packed, thereby reducing pore space. Unconsolidated, loosely packed granular alluvial deposits are especially susceptible to this phenomenon. Poorly compacted artificial fills may also experience seismically induced settlement. Settlement caused by ground shaking is often non-uniformly distributed, which can result in differential settlement.
While no active faults are known to transect, or project onto, the Project Site, the nearest fault s in proximity to the Project Site that could generate seismic activity that would affect the site are the Garnet Hill, Banning, and San Andreas (San Andreas Coachella Segment) Faults. The Garnet Hill Fault is the closest fault at approximately 1.5 miles north of the Project Site. The Banning Fault is approximately
2.7 miles northeast and the San Andreas Fault is approximately 4.7 miles no rtheast from the Project Site. The Project’s close proximity to these three faults entails the likely prospect that seismic activity is bound to be experienced at the Site. Intensity of ground shaking at a given location depends primarily upon earthquake magnitude, site distance from the source, and site response (soil type) characteristics.
Based on the 2013 CBC , the seismic coefficients for the Project Site would be 1.34 gravity acceleration for a period of 0.2 seconds and 0.97 gravity acceleration for a period of 1 second.
Upon annexation to the City, the buildings and structures that would be developed in the Active Adult Community would need to adhere to the minimum standards and seismic safety requirements as contained in the City of Rancho Mirage ’s Building Codes and the CBC , which protect people and structures from ground shaking. Seismicity studies are required as a condition for issuance of a grading permit and/or building permit for all subdivisions (tracts), all critical structures, major structures, and other sites containing earthquake -sensitive earth materials and/or sites that are located on or near potentially active or active faults, as determined by the C ity engineer. Implementation of seismic safety requirements and site-specific seismicity reports are enforced during the City’s development review and permitting process. In the event that the Active Adult Community is not annexed into the City, then the Meridian Consultants 5.5-12 Section 24 Specific Plan Project 044-001-13 November 2014
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design of the Active Adult Community would be designed in accordance with the Tribal Building and Safety Code or the County of Riverside standards to minimize potential for damage from strong seismic ground shaking. Therefore, incorporation of PDF 5.5-1 would ensure that the Project would be designed in accordance with C ity standards, Tribe standards, or County standards to avoid hazards related to seismic ground shaking; impacts would be less than significant.
Tribal Planning Areas
As discussed previously for the Active Adult Community, the Tribal Planning Areas would be subject to similar potential seismic ground shaking impacts. As discussed in PDF 5.5 -1, d evelopment within the Tribal Planning Areas would also adhere to the minimum building standards and seismic safety requirements as identified in the Agua Caliente Band of Cahuilla Indians Tribal Building and Safety Code, which are adopted from the 2013 CBC . Seismic shaking impacts within the Tribal Planning Areas would be less than significant.
Expose People or Structures to Potential Substantial Adverse Effects Involving Liquefaction
Active Adult Community
The Project S ite is not included on any California Geological Society prepared maps for designated liquefaction zone, nor is it identified in the City of Rancho Mirage’s General Plan Safety Element to be within an area of high susceptibility to liquefaction. This is due to the nature of the soil composition of the Project Site. Liquefaction occurs usually when loose, cohesionless, and water -saturated soils (generally fine-grained sand and silt) are subjected to strong seismic gr ound motion of a single sudden motion or through repeated cyclic durations; this tends to occur within the upper 50 feet of the ground surface. Groundwater depths of the Project Site and surrounding off -site areas are expected to be between depths of 160 and 175 bgs. Based on the depth of groundwater in the soils, liquefaction is not likely to occur. Therefore, impacts are considered to be less than significant.
Tribal Planning Areas
The Tribal Planning Areas would be subject to similar liquefaction impacts. The soil composition and depth of groundwater within Tribal Planning Areas is comparable to what is identified for the Active Adult Community, thus impacts are less than significant.
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Expose People or Structures to Potential Substantial Adverse Effects Involving Landslides
Active Adult Community
There are no natural or man-made hillsides within the Project Site. While the Project Site is relatively flat with gentle southwest to northeast sloping, slope instability is not considered to be an issue. Existing topography of the site contains maximum slopes over 8 percent. The post- graded slopes within the Active Adult Community would have a maximum slope of 2.3 percent. The overall site would balance with unclassified excavation of 4.5 million cubic yards of soil with 20 percent shrinkage and 0.10 feet of subsidence. The slope transition between the Active Adult Community and the Tribal Planning Areas would be provided at a maximum slope of 3 to 1. In addition, the Project would not result in any post - grading conditions that would have a potential for seismic slope instability and landsliding; therefore, impacts are less than significant.
Tribal Planning Areas
The development of the Tribal Planning Areas would result in similar landslide impacts. Post -graded slopes within the Tribal Planning Areas would range from contour slopes 1.1 perce nt within Planning Area 7 to 3.2 percent slopes in Planning Area 4. The topography of these Planning Areas would provide relatively flat transitions between the adjacent roadways and the rest of the Project Site. Thus, impacts as a result of landslides would be less than significant.
Result in Substantial Soil Erosion or the Loss of Topsoil Active Adult Community
Construction
The Project Site is currently undeveloped and vacant with a majority of the soils uncovered. The Project Site would be graded during construction; therefore, the soils would be exposed and could be subject to erosion. In compliance with SCAQMD Rule 403 and Rule 403.1, e xposed soils would need to be covered with vegetation as soon as possible and /or watered in order to reduce fugitive dust , and construction vehicles on Project S ite would need to maintain low speeds as another measure to reduce airborne fugitive dust particles.
Dune sands and quaternary-aged alluvial deposits were encountered to the maximum depth explored in conjunction with the Project S ite’s geotechnical investigation. The dune sand materials are composed predominately by loose to medium dense silty sand to poorly graded fine sand. The alluvium materials are composed of medium dense to very dense, poor-graded fine sand to sand with silt. The combination of both these soil materials causes a very low expansion potential.
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As required by the General Permit for Storm Water Discharges Associated with Construction Activities and identified in PDF 5.5-5, the applicant would develop and implement a SWPPP , which includes BMPs that would be employed to prevent erosion of on-site soils, as well as discharge of other construction related pollutants. A monitoring program is required as part of the SWPPP to ensure that BMPs are implemented appropriately and are effective at controlling discharges of pollutants that are related to stormwater, including erosion of on -site soils. Rancho Mirage Municipal Code Title 15, Chapter 64, Sections 10 -750 describes regulation standards for sediment and erosion control during grading activities. If the Active Adult Community is not annexed into the City, then PDF 5.5- 5 and adherence to the Tribal Building and Safety Code or the County of Riverside, as applicable, will still be applicable to reduce the potential for soil erosion during construction. Therefore, with the implementation of the Project D esign Features and adherence to Rancho Mirage Municipal Code for sediment and erosion control, soil erosion impacts would be less than significant.
Operation
The increased intensity of use on the Project Site would potentially impact the surrounding undeveloped adjacent landscape and influence acceleration of erosion from stormwater runoff. In addition, wind erosion from the surrounding undeveloped properties could have potential impacts on the buildings, structures, and individuals within the Project S ite. This is due to the nature of the regional landscape, wind patterns, and soil composition. These factors influence the area to be more susceptible to wind erosion impacts.
The Project would incorporate Project Design Features PDF 5.5-2 through PDF 5.5 -4 that would include landscaping, parks, stormwater retention/infiltration basins, and bioswales at various locations that would minimize accelerated soil erosion from water runoff and strong winds. With these features or because of these features, soil erosion impacts will be less than significant.
Tribal Planning Areas
Construction and operational activities within the Tribal Planning Areas would result in similar soil erosion impacts. However, the Tribal Planning Areas would consist of a mix of retail, entertainment, office, hotel, and residential uses that would include an array of paved and open space areas. As with the Active Adult Community, the Tribal Planning Areas would undergo similar construction activities and would also incorporate Project Design Features PDF 5.5 -2 through PDF 5.5 -4 that would minimize accelerated soil erosion from water runoff and fierce winds. Thus, impacts will be less than significant.
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Be Located on a G eologic Unit or S oil and Potentially Result in On- or Off-Site Landslide, Lateral Spreading, Subsidence, Liquefaction, or Collapse Active Adult Community
The relatively flat topography of the Project S ite and surrounding off-site areas precludes both stability problems and the potential for lurching, which is earth movement at right angles to a cliff or steep slope during ground shaking. The existing on -site dune sand and alluvium composed soils are generally classified as having a small-to -moderate potential for volumetric change. As previously discussed, the potential for hazards such as landslides and liquefaction is considered low. Liquefaction may also cause lateral spreading. For lateral spreading to occur, the liquefiable zone must be continuous, unconstrained laterally, and free to move along gently sloping ground toward an unconfined area. However, if lateral containment is present for those zones, then no significant risk of lateral spreading would be present.
Since the liquefaction potential at the Project S ite is low, earthquake -induced lateral spreading is no t considered to be a significant seismic hazard, nor would it result in off-site impacts.
Ground surface subsidence generally results from the extraction of fluids or gas from the subsurface that can result in a gradual lowering of the ground level. Accord ing to the geotechnical study, groundwater was not found to be present on the Project Site and groundwater depths on adjacent sites may be between 160 to 175 feet bgs. With the lack of presence of shallow groundwater , the potential for ground collapse and other adverse effects due to subsidence to occur on the Project Site and off-site areas is considered low.
Seismically induced settlement is considered to be less than significant when considered along with the proposed grading recommendations. With the rem oval of heavy vegetation, boulders, roots, an d debris from the Project Site and with the excavation/recompaction of uncertified fill, ground settlement would be reduced to levels that can be accommodated by conventional foundation designs. Therefore, the r isk of ground settlement would be less than significant.
Mitigation Measures MM 5.5-1 and MM 5.5-2 would be implemented in order to minimize damage due to geologic hazards. All development would comply with the CBC, and incorporate the recommendations presented in the draft and final soils engineering report s prepared for the Project Site. Therefore, impacts related to exposure to hazards including landslides, lateral spreading, subsidence, liquefaction and collapse would be less than significant.
Tribal Planning Areas
The Tribal Planning Areas would result in similar impacts associated with on - or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. Implementation of Mitigation Measures MM 5.5-3 and Meridian Consultants 5.5-16 Section 24 Specific Plan Project 044-001-13 November 2014
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MM 5.5 -4 would ensure that th e Tribal Planning Areas have less than significant impacts related to geologic hazards.
Be Located on Expansive Soil Creating Substantial Risks to Life or Property Active Adult Community
The soils underlying the Project Site and surrounding area are considered to have a low expansion potential due to their lack of clay composition .5 The geotechnical report prepared for the Project Site provides recommendations for the utilization of certified fills. T he existing on -site soils found on the Project Site are suitable for reuse during proposed grading activities. These undocumented fills must be free of debris and organic matter and will need to be recompacted in areas of planned development.
Therefore, impacts related to expansive soils would be less than significant.
Tribal Planning Areas
The Tribal Planning Areas would result in similar expansive soil impacts since soil composition is expected to be the same as what is found on the Active Adult Community portion of the Project Site.
Impacts would be less than significant with regard to expansive soils.
Have Soils Incapable of Adequately Supporting the Use of Septic Tanks Active Adult Community
Septic tanks would not be used in the Project. The Project would connect to and use the existing sewage conveyance sy stem provided by the Coachella Valley Water District . It is not anticipated that major upgrades to the existing infrastructure would be required . Therefore, no significant impacts would occur.
Tribal Planning Areas
The proposed uses within the Tribe Planning Areas would not utilize septic tanks. The uses within the Tribe Planning Area would connect to the existing sewer line within Ramon Road and would pay the appropriate development fees for service with the Coachella Valley Water District. 5 L eighton and Associates, Inc., Phase I and Limited Phase II Environmental Site Assessment, February 2014. p. 9.
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Expose People to Potential Impacts as a Result of Unique Geologic or Physical Features
Active Adult Community
The Project Site is a gently sloping portion of undeveloped land that has fairly uniform geographic features all throughout. These features are not considered to be of unique nature or have the potential to pose potential impacts to any structure that would be developed on the Project Site. Thus, impacts would be less than significant.
Tribal Planning Areas
There are no uni que geologic or physical features located on the Tribal Planning Areas that are anticipated to cause potential impacts. Impacts would be less than significant.
5. Cumulative Impacts
Geology and soil hazards are related to conditions and circums tances that are considered site -specific.
Therefore, the geographic context for the analysis of potential cumulative geology and soils impacts consists of individual development sites. Although cumulative development in the City and region may include numerous projects with geologic and soil impacts, these impacts would affect each individual project, rather than resulting in an additive cumulative effect. Mitigation measures would be taken on a project-by-project basis and be specific to each site . None of the related projects are located on an adjacent property or nearby, and all projects have to be designed in accordance with the appropriate jurisdiction’s building and grading standards to reduce seismic -related risks to less than significant levels. Thus, cumulative development would result in a less than significant cumulative impact related to geology and soil hazards.
C. MITIGATION MEASURES
In addition to the Project Design Features identified in Section B.3 above, the following Mitigation Measures would reduce geology and soil impacts:
Active Adult Community
MM 5.5-1 As part of final design development, a detailed geotechnical and soils investigation shall be conducted by a registered engineering geologist for review and approval by the Cit y of Rancho Mirage Building and Safety Division , if annexed into the City, the Tribe Engineer, or the County Engineer as applicable, prior to the issuance of grading and building permits.
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MM 5.5-2 All grading and earthwork recommendations from the Project geotechnical and soils reports, including any updates, must be incorporated into the final Project design, including the final grading, drainage and erosion control plans, or other plans deemed necessary by the City of Rancho Mirage Building and Safety Div ision, if annexed into the City, the Tribal Engineer, or the County Engineer as applicable , and must ensure they meet the City’s Building Code requirements set forth in the City Municipal Code , the Tribe Land Use Ordinance, or the County Municipal Code as applicable. All grading activities must be supervised by a certified engineering geologist: Final grading, drainage, and erosion control plans must be reviewed and approved by the City of Rancho Mirage Building and Safety Division before the City issues a grading permit, by the Tribal Engineer, or the County Engineer, as applicable.
Tribal Planning Areas
MM 5.5-3 As part of final design development, a detailed geotechnical and soils investigation shall be conducted by a registered engineering geologist for review and approval by the Agua Caliente Band of Cahuilla Indians Tribal Engineer prior to the issuance of grading and building permits.
MM 5.5-4 All grading and earthwork recommendations from the Project geotechnical and soils reports, including any updates, must be incorporated into the final Project design, including the final grading, drainage and erosion control plans, or other plans deemed necessary by the Agua Caliente Band of Cahuilla Indians Tribal Engineer, and must ensure they meet the Tribe’s Building Code requirements set forth in the Tribal Building and Safety Code. All grading activities must be supervised by a certified engineering geologist: Final grading, drainage, and erosion control plans must be reviewed and approved by the Agua Caliente Band of Cahuilla Indians Tribal Engineer before the Tribe issues a grading permit.
D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
With implementation of existing regulations and standards identified above along with the Project’s Design Features and Mitigation Measures would reduce potential impacts associated with geology and soils to a level that is less than significant. Therefore, all potential impacts related to geology and soils would be less than significant.
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This Section of the Draft EIS evaluates the potential for the proposed Project to generate greenhouse gas (GHG) emissions that may have a significant effect on the environment or to conflict with plans and policies adopted for the purpose of reducing greenhouse gas emissions . Various federal, State, regional, and local programs and regulations related to greenhouse gas emissions are discussed in this Section.
A quantified estimate of the GHG emissions that could result from the devel opment of the land uses that would be allowed by the proposed Specific Plan is provided. Modeling datasheets for global climate change emissions are included as part of the air quality and greenhouse gas emissions modeling in Appendix B. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
1. Existing Conditions
Greenhouse Gas Emissions
Climate change is a change in the average climatic conditions on earth that may be measured by changes in wind patterns, storms, precipitation, and temperature. These changes are assessed using historical records of temperature changes that have occurred in the past, such as during previous ice ages. Many of the concerns regarding climate change use this data to extrapolate a level of statistical significance specifically focusing on temperature records from the last 150 years (the Industrial Age) that differ from previous climate changes in rate and magnitude.
The United Nations Intergovernmental Panel on C limate Change (IPCC) considered six alternative future GHG scenarios that would stabilize global temperatures and climate change impacts. The IPCC predicted that global mean temperature change from 1990 to 2100 for the six scenarios considered could range from 1.1 degrees Celsius (°C) to 6.4°C. Global average temperatures and sea levels are expected to rise under all scenarios.
1 In California, climate change may result in consequences such as the following:
• A reduction in the quality and supply of water to the State from the Sierra snowpack 1 Intergovernmental Panel on Climate Change, Summary for Policymakers, Climate Change 2007: The Physical Science Basis, Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Avery, M. Tignor and H.L. Miller [eds.]). (Cambridge University Press: Cambridge, UK, 2007).
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• Increased risk of large wildfires
• Reductions in the quality and quantity of certain agricultural products • Exacerbation of air quality problems
• A rise in sea levels resulting in the displacement of coastal business and residences • Damage to marine ecosystems and the natural environment • An increase in infections, disease, asthma, and other health-related problems • A decrease in the health and productivity of California’s forests Gases that trap heat in the atmosphere are GHGs. The effect is analogous to the way a greenhouse retains heat. Common GHGs include water vapor, carbon dioxide ( CO2), methane, nitrous oxides, chlorofluorocarbons, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, ozone, and aerosols.
Natural processes and human activities emit GHGs. The presence of GHGs in the atmosphere affects the earth’s temperature. Without the natural heat-trapping effect of GHG, the earth’s surface would be about 34°C cooler.
2 However, it is believed that emissions from human activities, such as electricity production and vehicle use, have elevated the concentration of these gases in the atmosphere beyond the level of naturally occurring concentrations.
The global warming potential (GWP) is the potential of a gas or aerosol to trap heat in the atmosphere.
The GWP compares the amount of heat trapped by a certain mass of the gas in question to the amount of heat trapped by a similar mass of carbon dioxide. A GWP is calculated over a specific time interval, commonly 20, 100, or 500 years. GWP is expressed as a factor of carbon dioxide (whose GWP is standardized to 1). For example, the 100 -year GWP of methane is 21, which means that if the same mass of methane and carbon dioxide were introduced into the atmosphere, that methane wi ll trap 21 times more heat than the carbon dioxide over the next 100 years. 3 The GHGs of most concern are
identified below in Table 5.6-1, Greenhouse Gas Descriptors. Of these two primary sources of GHG, CO2 would be generated by sources associated with th e Project, while methane would not be generated in any substantial amount.
2 California Environmental Protection Agency, Climate Action Team, Climate Action Team Report to Governor Schwarzenegger and the California Legislature , www.climatechange.ca.gov/climate_action_team /reports/index.html, (March 2006), accessed June 10, 2013.
3 Working Group, Fourth Assessment Report of the Intergovernmental Panel on Climate Change, 2007.
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Table 5.6-1
Greenhouse Gas Descriptors
Greenhouse Gas
Description and
Physical Properties Sources
Carbon dioxide
(CO2)
Carbon dioxide is an odorless,
colorless, natural GHG.
GWP = 1.
Carbon dioxide is emitted from natural and anthropogenic sources. Natural sources include decomposition of dead
organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic
outgassing. Anthropogenic sources are from burning coal, oil, natural gas, and wood. The concentration in 2005 was 379 ppm, which is an increase of about 1.4 ppm per year since 1960.
Haloalkanes Haloalkanes (also known as
halogenoalkanes or alkyl
halides) are colorless,
relatively odorless, and
hydrophobic.
Haloalkanes are mostly human-produced such as flame
retardants, fire extinguishants, refrigerants, propellants, solvents, and pharmaceuticals. Non-artificial-source
haloalkanes do occur, mostly through enzyme-mediated
synthesis by bacteria, fungi, and especially sea microalgae (seaweeds).
Methane (CH4) Methane is a flammable gas
and is the main component of
natural gas. GWP = 21.
A natural source of methane is from the anaerobic decay of organic matter. Methane is extracted from geological deposits (natural gas fields). Other sources are from
landfills, fermentation of manure, and cattle.
Nitrous oxide
(N2O)
Nitrous oxide is also known as
laughing gas and is a colorless
GHG. GWP = 310.
Microbial processes in soil and water, fuel combustion, and industrial processes.
Perfluorocarbons
(PFCs)
Perfluorocarbons liquids are
colorless with high density, up
to over twice that of water. It
is also an odorless, non-
flammable, unreactive gas.
Man-made compounds containing just fluorine and
carbon. Usage is mainly in the electronics sector in
semiconductor manufacture, with significant usage as
refrigerants.
Sulfur
hexafluoride
(SF6)
Sulfur hexafluoride is an
inorganic, colorless, odorless,
non-flammable, extremely
potent GHG which is an
excellent electrical insulator.
GWP = 23,900
Sulfur hexafluoride emissions are virtually all of
anthropogenic origin including electricity sector,
magnesium industry, electronics industry, and adiabatic property.
_________
Source: Intergovernmental Panel on Climate Change, Summary for Policymakers, Climate Change 2007: The Physical Science Basis, Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Solomon, S., D. Qin, M.
Manning, Z. Chen, M. Marquis, K.B. Avery, M. Tignor and H.L. Miller [eds.]). (Cambridge University Press: Cambridge, United Kingdom and New York, NY, USA) 2007.
Notes: ppm = parts per million; ppt = parts per trillion (measure of concentration in the atmosphere); GWP = global warming potential
Individual GHG compounds have varying GWP and atmospheric lifetimes. The calculation of the carbon dioxide equivalent (CO2e) is a consistent methodology for comparing GHG emissions, since it normalizes various GHG emissions to a consisten t metric. Methane’s warming potential of 21 indicates that Meridian Consultants 5.6-3 Section 24 Specific Plan Project 044-001-13 November 2014
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methane has a 21 times greater warming effect than carbon dioxide on a molecule per molecule basis. A carbon dioxide equivalent is the mass emissions of an individual GHG multiplied by its GWP.
State Emissions Inventory and Trends
California is the second largest contributor of GHGs in the US and the 16th largest in the world.4 In 2012, California produced 458.68 million metric tons of carbon dioxide equivalents ( MMTCO2e),5 including imported electricity and excluding combustion of international fuels and carbon sinks or storage. The major source of GHGs in California is transportation, contributing to 41 percent of the State’s total GHG emissions.6 Electricity generation (both in and out of State) is the second largest source, contributing to 22 percent of the State’s GHG emissions.7 The Statewide inventory of GHGs by sector is shown in Table
5.6-2, California GHG Inventory 2004-2012.
Table 5.6-2
California GHG Inventory 2004-2012
Main Sector Emissions MMTCO2e
2004 2005 2006 2007 2008 2009 2010 2011 2012
Transportation1 186.88 189.08 189.18 189.27 178.02 171.47 170.46 168.13 167.38 Electric Power 115.20 107.86 104.54 113.94 120.15 101.32 90.30 88.04 95.09 Commercial/
Residential 42.90 41.24 41.89 42.11 42.44 42.65 43.82 44.32 42.28 Industrial2 94.48 92.29 90.28 87.10 87.54 84.95 88.51 88.34 89.16 Recycling and Waste 7.57 7.75 7.80 7.93 8.09 8.23 8.34 8.42 8.49 High GWP3,4 9.56 10.36 11.08 11.78 12.87 13.99 15.89 17.35 18.41 Agriculture 36.26 36.54 37.75 37.03 37.99 35.84 35.73 36.34 37.86 Total Emissions 492.86 485.13 482.52 489.16 487.10 458.44 453.06 450.94 458.68
Source: CARB 2014.
1 Includes equipment used in construction, mining, oil drilling, industrial and airport ground operations 2 Reflects emissions from combustion of natural gas, diesel, and lease fuel plus fugitive emissions 3 These categories are listed in the Industrial sector of ARB’s GHG Emission Inventory sectors 4 This category is listed in the Electric Power sector of ARB’s GHG Emission Inventory sectors
4 California Energy Commission, Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2004, Staff Final Report, CEC-600-2006-013-SF, (December 2006).
5 CARB, California Greenhouse Gas Inventory for 2000–2012—by Category as Defined in the Scoping Plan.http://www.arb.ca.gov/cc/inventory/data/tables/ghg_inventory_scopingplan_00-12_2014-03-24.pdf, ( March 24 , 2014) accessed May 20, 2014.
6 California Energy Commission, (December 2006).
7 California Energy Commission, (December 2006).
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Regional Emissions
The breakdown of GHG emissions within the Coachella Valley follows the Statewide pattern with the most significant sources of GHGs being transportation and fuel combustion, and electricity generation.
On-road transportation and fuel combustion account for 94 percent of GHGs in the Coachella Valley. The Coachella Valley region produced 4.31 MMTCO2e GHGs in 2005 from direct emissions. 8 Project Site
The Project Site consists of vacant desert land. Consequently, no GHG emissions are currently generated from the Project Site.
2. Regulatory Setting
Federal
On April 17, 2009, the United States Environmental Protection Agency ( USEPA) released a proposed finding that determined climate change poses a risk to public health. The USEPA held a 60 -day public comment period, which ended June 23, 2009, and received over 380,000 public comments. On December 7, 2009, the USEPA Administrator (Administrator) signed two distinct findings regarding GHGs under section 202(a) of the CAA:
• Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well -mixed GHGs - carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and su lfur hexafluoride (SF6) - in the atmosphere threaten the public health and welfare of current and future generations. • Cause or Contribute Finding : The Administrator finds that the combined emissions of these well - mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare.
These findings do not themselves impose any requirements on industry or other entities . However, this action is a prerequisite to finalizing the proposed USEPA GHG standards for light -duty vehicles. These were jointly proposed by the USEPA and the Department of Transportation’s National Highway Traffic Safety Administration ( NHTSA) on September 15, 2009 . The two findings were published in Federal Register Docket ID No. EPA-HQ-OAR-2009-0171. The final rule was effective January 14, 2010. 8 South Coast Air Quality Management District, Greenhouse Gas (GHG) Inventories for the Coachella Valley, prepared for the Coachella Valley Association of Governments, June 2011, 5.
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The USEPA has issued the Final Mandatory Reporting of Greenhouse Gases Rule that requires reporting of GHG emissions from large sources and suppliers in the United States. Under the rule (effective December 29, 2009), suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to the USEPA. The gases covered by the proposed rule are CO2, CH4, N2O, HFC, PFC, SF6, and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE).
On September 15, 2009, the USEPA and the NHTSA proposed a new national program to reduce greenhouse gas emissions and improve fuel economy for all new cars and trucks sold in the United States. The USEPA proposed the first- ever national GHG emissions standards under the Clean Air Act (CAA), and NHTSA proposed Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act. This proposed national program would allow automobile manufacturers to build a single light -duty national fleet that satisfies all requirements under both federal progra ms and the standards of California and other states.
State
Assembly Bill 32
In 2006, the California State Legislature enacted Assembly Bill ( AB) 32, the California Global Warming Solutions Act of 2006. AB 32 focuses on reducing GHG emissions in California. GHGs, as defined under AB 32, include CO 2, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
AB 32 requires that GHGs emitted in California be reduced to 1990 levels by the year 2020. The California Air Resources Board ( CARB) is the State agency charged with monitoring and regulating sources of emissions of GHGs that cause global warming as part of an effort to reduce emissions of GHGs.
The CARB Governing Board approved the 1990 GHG emissions level of 427 MMTCO2e on December 6, 2007. Therefore, in 2020, emissions in California are required to be at or below 427 MMTCO2e.
Under the current “business as usual” scenario, State wide emissions are increasing at a rate of approximately 1 percent per year as noted below.
9 • 1990: 427 MMTCO2e
9 California Air Resources Board, Climate Change Scoping Plan, (2008), p. 12.
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• 2004: 480 MMTCO2e
• 2008: 495 MMTCO2e
• 2020: 596 MMTCO2e
Under AB 32, the CARB published its Final Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California .10 The CARB has 44 early action measures that apply to the transportation, commercial, forestry, agriculture, cement, oil and gas, fire suppression, fuels, education, energy efficiency, electricity, and waste sectors. Of those early action measures, nine are considered discrete early action measures ,
11 as they were adopted by the CARB and enforceable by January 1, 2010. The CARB estimates that the 44 early action measures will result in reductions of at least 42 MMTCO2e by 2020, representing approximately 25 percent of the projected reduction needed to reach the 2020 target.
CEQA is only mentioned once in the Early Action Measures report. The California Air Pollution Control Officer’s Association suggested that CARB work with local air districts on approaches to review GHG impacts under the CEQA process, inc luding significance thresholds for GHGs for projects and to develop a process for capturing reductions that result from CEQA mitigations. CARB’s response to this recommendation in the report is as follows:
“the Governor’s Office of Planning and Research is charged with providing statewide guidance on CEQA implementation. With respect to quantifying any reductions that result from project -level mitigation of GHG emissions, we would like to see air districts take a lead role in tracking such reductions in their regions.” 12 10 California Air Resources Board , Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California Recommended for Board Consideration, www.arb.ca.gov/cc/ejac/ghg_eamcommitteelist.pdf, (October 2007), accessed June 10, 2013.
11 Discrete early actions are regulations to reduce greenhouse gas emissions adopted by the CARB Governing Board and enforceable by January 1, 2010.
12 California Air Resources Board , (October 2007).
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CARB approved the Climate Change Scoping Plan ( 2008 Scoping Plan) in December 2008. The 2008 Scoping Plan:
“proposes a comprehensive set of actions designed to reduce overall GHG emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health.”13 As noted in the approved 2008 Scoping Plan, the projected total business -as-usual emissions for year 2020 (estimated as 596 MMTCO2e) must be reduced by approximately 28 percent to achieve the CARB’s approved 2020 emission target of 427 MMTCO 2e. CARB updated the 2008 Scoping Plan in May 2014 (Updated 2014 Scoping Plan).14 The Updated 2014 Scoping Plan adjusted the 1990 GHG emissions level to 431 MMTCO2e and the updated 2020 GHG emissions forecast is 509 MMTCO2e which took credit for certain GHG emission reduction measures already in place (e.g., the Renewables Portfolio Standard). As revised in 2014, t he projected total business -as-usual emissions for year 2020 must be reduced by approximately 15 percent to achieve the CARB’s approved 2020 emission target of 431 MMTCO2e. The Updated 2014 Scoping Plan also recommends a 40 percent reduction in GHG emissions from 1990 levels by 2030 and a 60 percent reduction in GHG emissions from 1990 levels by 2040.
The 2008 Scoping Plan identifies recommended measures for multiple GHG emission sectors and the associated emission reductions needed to achieve the year 2020 emissions target— each sector has a different emiss ion reduction target. Most of the measures target the transportation and electricity sectors. As stated in the 2008 Scoping Plan, the key elements of the strategy for achieving the 2020 GHG target include:
• Expanding and strengthening existing energy effici ency programs as well as building and appliance standards
• Achieving a Statewide renewable energy mix of 33 percent • Developing a California cap -and-trade program that links with other Western Climate Initiative partner programs to create a regional market system
• Establishing targets for transportation -related GHG emissions for regions throughout California and pursuing policies and incentives to achieve those targets 13 California Air Resources Board , Climate Change Scoping Plan, a framework for change as approved December 2008. http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. (December 2008), accessed June 10, 2013. 14 CARB, First Update to the Climate Change Scoping Plan, building on the framework pursuant to AB 32, May 2014.
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• Adopting and implementing measures pursuant to existing State laws and policies, includin g California’s clean car standards, goods movement measures, and the Low Carbon Fuel Standard • Creating targeted fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of t he State’s long-term commitment to AB 32 implementation
In addition, the 2008 Scoping Plan differentiates between “capped” and “uncapped” strategies. “Capped” strategies are subject to the proposed cap-and-trade program.15 The 2008 Scoping Plan states that the inclusion of these emissions within the cap -and-trade program will help ensure that the year 2020 emission targets are met despite some degree of uncertainty in the emission reduction estimates for any individual measure. “Uncapped” strategies include additional reductions that will not be subject to the cap -and-trade emissions requirements. They are provided as a margin of safety to help achieve required GHG emission reductions.
Assembly Bill 1493
California Assembly Bill 1493 (Pavley) , enacted on July 22, 2002 , requires the California Air Resources Board to adopt regulations that reduce GHG s emitted by passenger vehicles and light-duty trucks. CARB estimates that the regulation would reduce climate change emissions from the light -duty passenger vehicle fleet by an estimated 18 percent in 2020 and by 27 percent in 2030. 16 On June 30, 2009, the USEPA granted a waiver of CAA preemption to California for the State ’s GHG emission standards for motor vehicles beginning with the 2009 model year. The waiver was published in the Federal Register on July 8, 2009.
Executive Order S-3-05 and the Climate Action Team
Former California Governor Arnold Schwarzenegger announced on June 1, 2005, through Executive Order S-3-05,17 the following reduction targets for GHG emissions:
• By 2010, reduce GHG emissions to 2000 levels.
• By 2020, reduce GHG emissions to 1990 levels.
15 The cap-and-trade program is a central element of AB 32 and covers major sources of GHG emissions in the State such as refineries, power plants, industrial facilities, and transportation fuels. The regulation includes an enforceable GHG cap that will decline over time. CARB will distribute allowances, which are tradable permits, equal to the emission allowed under the cap.
16 California Air Resources Board , Fact Sheet, Climate Change Emission Control Regulations, (December 10, 2004). 17 State of California, Executive Order S-3-05, http://www.dot.ca.gov/hq/energy/ExecOrderS-3-05.htm, (June 1, 2005) accessed June 10, 2013.
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• By 2050, reduce GHG emissions to 80 percent below 1990 levels.
The 2050 reduction goal represents what scientists believe is necessary to reach levels that will stabilize the climate. The 2020 goal was established to be an aggressive, but achievable, midterm target. To meet these targets, the Governor directed the Secretary of the California Environmental Protection Agency to lead a Climate Action Team made up of representatives from the Business, Transportation, and Housing Agency; the Department of Food and Agriculture; the Resources Agency; the CARB; the Energy Commission; and the Public Utilities Commission. The Climate Action Team’s Report to the Governor in 2006 contains recommendations and strategies to help ensure that the targets in Executive Order S-3-05 are met.
18 Executive Order S-01-07
The former California Governor Arnold Schwarzenegger signed Executive Order S -01-07 on January 18, 2007. Th e order mandated that a State wide goal be established to reduce the carbon intensity of California’s transportation fuels by at least 10 percent by 2020. It also established a Low Carbon Fuel Standard for transportation fuels for California.
California Air Resources Board
On October 24, 2008, CARB released the first preliminary draft of recommended approaches for setting interim significance thresholds for GHG under CEQA. The draft approach seeks to establish GHG thresholds and/or performance standards based on sector -types, as defined in the 2008 Scoping Plan.
Sectors identified in the 2008 Scoping Plan are Transportation, Electricity, Industrial, Commercial and Residential, Agricultural, High Global Warming Potential, and Recycling and Waste. CARB has not yet finalized the proposed thresholds/performance standards.
Senate Bill 97
SB 97 was passed in August 2007, and added Section 21083.05 to the Public Resources Code . Section 21083.05 states:
“(a) On or before July 1, 2009, the Office of Planning and Research (OPR) shall prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of GHG emissions or the effects of GHG emissions as required by this division, including, but not limited to, effects associated with transportation or energy 18 California Environmental Protection Agency, Climate Action Team, Climate Action Team Report to Governor Schwarzenegger and the California Legislature, www.climatechange.ca.gov/climate_action_team /reports/index.html, (March 2006), accessed June 10, 2013.
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consumption. (b) On or before January 1, 2010, the Resources Agency shall certify and adopt guidelines prepared and developed by the OPR pursuant to subdivision (a)”.
Senate Bill 375
SB 375 was signed into law by the Governor on September 30, 2008. According to SB 375, the transportation sector is the largest contributor of GHG emissions, which contributes up to 40 percent of the total GHG emissions in California. Automobiles and light trucks alone contribute almost 30 percent.
SB 375 indicates that GHGs from automobiles and light trucks can be reduced by new vehicle technology but significant reductions from a change in land use patterns and improved transportation are necessary. SB 375 states, “Without improved land use and transportation policy, Cal ifornia will not be able to achieve the goals of AB 32 .” SB 375 does the following: (1) it requires metropolitan planning organizations to include sustainable community strategies in their regional transportation plans for reducing GHG emissions, (2) it aligns planning for transportation and housing, and (3) it creates specified incentives for the implementation of the strategies.
Senate Bill 1368
In 2006, the State Legislature adopted Senate Bill (SB) 1368, which was subsequently signed into law by the Governor. SB 1368 directs the California Public Utilities Commission (CPUC) to adopt performance standards for GHG emissions for the future power purchase of California utilities . In an effort to limit carbon emissions associated with electrical energy consumed in California, this bill prohibits purchase arrangements for energy for periods of longer than 5 years from resources that exceed the emissions of a relatively clean, combined cycle natural gas power plant. A coal- fired plant cannot meet this standar d because such plants emit roughly twice as much carbon as combined cycle natural gas power plants.
Accordingly, the new law will effectively prevent California’s utilities from investing in, financially supporting, or purchasing power from new coal plants located in or out of the State. Thus, SB 1368 will lead to lower GHG emissions associated with California’s energy demand, by effectively prohibiting California utilities from purchasing power from out -of-state producers that cannot satisfy the required performance standard for GHG emissions.
Assembly Bill 32 (AB 32), the Global Warming Solutions Act, was passed by the California State Legislature on August 31, 2006, to place the State on a course toward reducing its contribution of GHG.
AB 32 follows the emissions reduction targets established in Executive Order S -3-05, signed on June 1, 2005, which requires the State’s global warming emissions to be reduced to 1990 levels by the year 2020 and by 80 percent of 1990 levels by year 2050. Projected GHG emissi ons in California are estimated at 596 million metric tons of CO2e in 2020. In December 2007, CARB approved a 2020 Meridian Consultants 5.6-11 Section 24 Specific Plan Project 044-001-13 November 2014
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emissions limit of 427 million metric tons (471 million tons) of CO2e for the State. The 2020 target requires emissions reductions of 169 million metric tons, approximately 30 percent of the projected emissions compared to business as usual in year 2020.
In order to effectively implement the cap, AB 32 directed CARB to establish a mandatory reporting system to track and monitor global warming emissions levels, prepare a plan demonstrating how the 2020 deadline can be met, and develop appropriate regulations and programs to implement the plan by 2012. The Climate Action Registry Reporting Online Tool was established through the Climate Action Registry to track GHG emissions. On December 11, 2008, California Air Resources Board (CARB) adopted the 2008 Scoping Plan. Key elements of CARB’s GHG reduction plan are:
• Expanding and strengthening existing energy efficiency programs as well as building and appliance standards.
• Achieving a Statewide renewable energy mix of 33 percent. • Developing a California cap -and-trade program that links with other Western Climate Initiative partner programs to create a regional market system.
• Establishing targets for transportation-related GHG emissions for regions throughout California, and pursuing policies and incentives to achieve those targets. • Adopting and implementing measures pursuant to State laws and policies, including California’s clean car standards, goods movement measures, and the Low Carbon Fuel Standard. • Creating target fees, including a public good charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State ’s long-term commitment to AB 32 implementation.
Non-Legislative
CAPCOA. On January 8, 2008, the California Air Pollution Control Officers Association (CAPCOA) released a paper to provide a common platform of information and tools for public agencies. The disclaimer states that it is not a guidance document, but rather a resource to enable local decision makers to make the best decisions they can in the face of incomplete information during a period of change. The paper indicates that it is an interim resource and does not endorse any particular approach. It discusses three groups of potential thresholds, including a no significance threshold, a threshold of zero emissions, and Meridian Consultants 5.6-12 Section 24 Specific Plan Project 044-001-13 November 2014
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a non-zero threshold.19 The non-zero quantitative thresholds as identified in the paper range from 900 to 50,000 met ric tons of CO 2 per year. The CAPCOA paper also identified non -zero qualitative thresholds.20
Attorney General. The Office of the California Attorney General maintains a list of CEQA Mitigations for Global Warming Impacts on its website. The Attorney General’s Office has listed some examples of types of mitigations that local agencies may consider to offset or reduce global warming impacts from a project. The Attorney General’s Office states that the lists are examples and not intended to be exhaustive, but instead are provided as measures and policies that could be undertaken. Moreover, the measures cited may not be appropriate for every project, so the Attorney General suggests that the lead agency should use its own informed judgment in deciding which measures it would analyze, and which measures it would require, for a given project. The mitigation measures are divided into two groups:
generally applicable measures and general plan measures. The Attorney General presents “generally applicable” measures in the following areas:
• Energy efficiency
• Renewable energy
• Water conservation and efficiency
• Solid waste measures
• Land use measures
• Transportation and motor vehicles
• Carbon offsets
Regional and Local
South Coast Air Quality Management District
To provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents, South Coast Air Quality Management District ( SCAQMD) staff convened a GHG CEQA 19 California Air Pollution Control Officers Association, CEQA & Climate Change, Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act, www.capcoa.org/, (January 2008), accessed June 10, 2013.
20 A non-zero threshold could minimize the resources spent reviewing environmental analyses that do not result in real GHG reductions or to prevent the environmental review system from being overwhelmed.
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Significance Threshold Working Group. The GHG significance threshold approach proposed by SCAQMD staff was presented to this Working Group in September 2010. The proposed approach includes a tiered series of thresholds to be applied based on the amount of GHG emissions generated by a proposed project and the type of project, as described below:
Tier 1: Does the project qualify for any applicable statutory or categorical exemption under CEQA? If yes, no further action is required and climate change impacts would be less than significant.
Tier 2: Is the project consistent with a GHG reduction plan? (The plan must be consistent with CEQA Guidelines Sections 15064(h)(3), 15125(d), or 15152(s).) If yes, there is a presumption of less than significant impacts with respect to climate change.
Tier 3: Is the project’s incremental increase in GHG emissions below or mitigated to less than the significance screening level (10,000 MTCO 2E per year for industrial projects; 3,000 MTCO 2E for residential projects/commercial projects; 3,500 MTCO2E for mixed use projects )? If yes, there is a presumption of less than significant impacts with respect to climate change.
Tier 4: Does the project meet one of the following performance standards? If yes, there is a presumption of less than significant impacts with respect to climate change.
Option #1: Achieve some percentage reduction in GHG emissions from a base case scenario, including land use sector reductions from AB 32 (e.g., 16 percent reduction as recommended by the CARB 2014 Updated Scoping Plan).
Option #2: For individual projects, achieve a project -level efficiency target of 4.8 MTCO 2E per service population by 2020 or a target of 3.0 MTCO 2E per service population by 2035.
For plans, achieve a plan -level efficiency target of 6.6 MTCO 2E per service population by 2020 or a target of 4.1 MTCO2E per service population by 2035.
Option #3: Early compliance with AB 32 through early implementation of CARB’s 2008 Scoping Plan Measures. The intent of this option is to accelerate GHG emission reduction from the various sectors subject to CARB’s 2008 Scoping Plan to eliminate GHG emission.
Tier 5: Projects should obtain GHG emission offsets to reduce significant impacts. Offsets in combination with any mitigation measures should achieve the target thresholds for any of the above Tiers. Otherwise, project impacts would remain significant.
As described above, for projects that are not exempt from review under CEQA , the Tier 2 threshold of significance is applied if the project is subject to a an adopted GHG reduction plan. If no GHG reduction plan applies to a proposed project, the Tier 3 threshold of significance includes quantified screening Meridian Consultants 5.6-14 Section 24 Specific Plan Project 044-001-13 November 2014
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thresholds. The screening threshold for residential/commercial projects is 3, 000 MTCO2E per year and 3,500 MTCO 2E per year for mixed-use projects . If the amount of GHG emissions g enerated by a proposed project would be below these screening threshold s, the impact would not be considered significant. If the amount of GHG emissions generated by a proposed project would be above these screening thresholds, then additional analysis would need to be completed under Tier 4 to determine the level of significance. The Tier 4 threshold considers whether a proposed project would meet an applicable performance standard.
SCAQMD has not announced when a final version of these draft thresholds will be presented to the SCAQMD Governing Board for consideration for adoption.
SCAQMD has also adopted Rules 2700, 2701, and 2702 that establishes a GHG reduction program within SCAQMD’s jurisdiction; however, GHG emission reduction protocols pursuant to these rules have only been established for boilers and process heaters, forestry, and manure management reduction projects.
Coachella Valley Association of Governments
The Coachella Valley Association of Governments (CVAG) recently received a grant from t he Southern California Edison Company to prepare a Regional Greenhouse Gas Inventory for the Coachella Valley in conjunction with SCAQMD .
21 This inventory provides the most recent estimate of greenhouse gas generation for the Agua Caliente Band of Cahuilla Indians ( “Tribe”), the Cabazon Band of Mission Indians, and each City within the CVAG Planning Area. CVAG intends to continue supporting planning for GHG reduction by pursuing additional grants to develop a model Climate Action Plan reduction plan to assist the Tribe and cities in the Coachella Valley served by Southern California Edison in developing individual plans.
Valley-wide Voluntary Green Building Program
The Voluntary Green Building Program was designed to help builders, developers, and homeowners to go above and beyond California’s Energy Code in terms of energy efficiency. As part of this Program, the Tribe and some cities have committed to making it easier for those voluntarily participating in the Program to process their plans through the planning and building departments. The Voluntary Program and the California Building Code are based upon standards and measurements, the Voluntary Program includes an extensive checklist of specific actions, and how they are counted toward a more energy efficient building.
21 SCAQMD/CVAG, Draft Regional Greenhouse Gas Inventory for the Coachella Valley, June 2011.
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County of Riverside
The County of Riverside adopted a Climate Action Plan (CAP) for the unincorporated areas in the County in 2012. The CAP establishes a programmatic approach to reducing GHG emissions associated with the continued growth of the County and set a framework for a comprehensive plan that addresses the GHG impacts of future development and County operations. Through the CAP, the County has established goals and policies that incorporate environmental responsibility into its daily management of residential, commercial, and industrial growth; education; energy and water use ; air quality; transportation; waste reduction; economic development; and open space and natural habitats.
The CAP includes GHG inventories of community -wide and municipal sources based on the most recent data available for the year 2008. Sources of emissions include transportation, electricity and natural gas use, landscaping, water and wastewater pumping and treatment, and treatment and decomposition of solid waste.
Following the State’s adopted AB 32 GHG reduction target, Riverside County has set a goal to reduce emissions back to 1990 levels by the year 2020. This target was calculated as a 15 percent decrease from 2008 levels, as recommended in the 2014 U pdated Scoping Plan. The estimated community -wide emissions for the year 2020, based on population and housing growth projections associated with the assumptions used in the proposed General Plan Update, are 10,268,937 MTCO2e. In order to reach the reduction target, Riverside County must offset this growth in emissions and reduce community -wide emissions to 6,036,971 MTCO2e by the year 2020.
City of Rancho Mirage
The City of Rancho Mirage (“City”) completed the 2013 Sustainability Plan: Leadership in Energy Efficiency (Sustainability Plan) in May 2013. The Sustainability Plan is a framework for the development and implementation of policies and programs that will reduce the City’s emissions, working towards the Statewide target of 1990 levels by 2020, set by AB 32. For the City to achieve the State wide target of 1990 levels by 2020, it will have to reduce emissions by 54,272 MTCO2e , a 19.8 percent reduction. The set of measures presented in the Sustainability Plan will reduce the City’s GHG emissions by 60, 411 MTCO2e, which is 6,139 MTCO2e over the target amount of 54,272 MTCO2e.
The Sustainability Plan addresses the major sources of emissions in seven spheres: (1) Residential; (2) Business; (3) Building; (4) Transportation; (5) Municipal; (6) Hospitality/R ecreation; and (7) Education.
For each sphere, the Sustainability Plan suggests a number of programs or policies, linked with the City’s Greenhouse Gas Inventory, that can be implemented by the City. The Sustainability Plan presents a Meridian Consultants 5.6-16 Section 24 Specific Plan Project 044-001-13 November 2014
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course of action over eight years: Phase I will be completed in 2013 -2014; Phase II will be completed in 2015-2017; and Phase III will be completed in 2018-2020.
B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would h ave a significant effect on the environment, the Tribe finds a project may be deemed to have a significant impact to greenhouse gases, if it would:
Threshold 5.6-1: Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
Threshold 5.6-2: Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
Pursuant to CEQA Guidelines Section 15064.4, the methods suitable for analysis of GHG emissions are:
1. Use a model or methodology to quantify greenhouse gas emissions resulting from a project . The Lead Agency has discretion to select the model it considers most appropriate provided it supports its decision with substantial e vidence. The Lead Agency should explain the limitations of the particular model or methodology selected for use.
2. Rely on a qualitative analysis or performance-based standards. 22 The tiered significance thresholds proposed by SCAQMD were selected for use to determine the significance of the GHG emissions that would be generated by the proposed Project because they parallel the State’s commitment to reduce GHG emissions by approximately 15 percent from current levels by 2020. Because the Project as proposed would not be exempt from environmental review under CEQA, the Tier 1 threshold is not applicable. Since no GHG Reduction Plan has been adopted that is applicable to the Project or the area the Project Site is located in, the Tier 2 threshold is also not applicable. Accordingly, relying upon the 2010 methodology proposed by SCAQMD staff, the Tier 3 and Tier 4 thresholds are applied here to determine significance. If the amount of GHG emissions would exceed the Tier 3 screening thresholds, the Tier 4 threshold is applied. Under the Tier 4 threshold, the 22 Riverside County has adopted a Climate Action Plan (CAP) that addresses GHG emissions reduction in concert with AB 32.
According to the CAP, projects that achieve a total of 100 points or greater from the screening tables would not require quantification of project specific GHG emissions. Consistent with CEQA Guidelines, such projects would be determined to have a less than significant individual and cumulative impact for GHG emissions. The Project is a mixed-use project and would result in 122.5 points. Therefore, GHG emissions would be less than significant under the County of Riverside’s CAP methodology.
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ability of a project to meet an applicable performance standard is used to determine significance. For this analysis, the first Tier 4 option was used, and the percentage reduction in GHG emissions from a business as usual scenario in relation to Project reductions was completed.
The performance standard identified in the 2014 Updated Scoping Plan recommends a 15 percent reduction from business as usual by 2020 .23 This document is the most current reference which quantifies Statewide GHG emissions and the percentage reduction required by AB 32 mandates to meet GHG reduction goals. The identified GHG reduction goals include 30 percent reduction from 1990 levels by 2020 (of which the State has currently reduced 15 percent), 40 percent by 2030, 60 percent by 2040, and 80 percent by 2050 from 1990 business as usual levels. As indicated in the 2014 Updated Scoping Plan, CARB encourages local governments and air districts to meet the 15 percent reduction below today’s levels by 2020 to ensure that their municipal and community -wide emissions match the State’s reduction target.
Once the local government achieves the 30 percent reduction by 2020, the next goal would be a further reduction of 10 percent to meet the 2030 goal of 40 percent reduction from 1990 levels. Consistent with the estimate of reaching 1990 GHG emission levels by 2030, business as usual GHG emissions need to be reduced by approximately 1 percent each year between 2020 and 2030 to achieve the 40 percent reduction from 1990 levels by 2030. Business as usual GHG emissions would also need to be reduced by approximately 2 percent each year between 2030 and 2040 to achieve the 60 percent reduction from 1990 levels by 2040.
As previously indicated, the State has reduced today’s GHG emissions 15 percent from 1990 levels.
Therefore, since the Active Adult Community portion of the Project would be completed by 2022, this portion of the Project would need to reduce GHG emissions 17 percent from today’s emissions l evels to meet the 2020 and 2030 reduction goals. The Tribal Planning Areas are assumed to be built out by 2035.
In order to meet the 2040 goal of 60 percent, the Tribal Planning Areas would need to reduce GHG emissions 35 percent from today’s emissions levels by 2035 to meet a goal of 50 percent reduction from 1990 GHG emissions levels.
23 It should be noted that this reduction target was 16 percent when SCAQMD staff developed the tiered thresholds.
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The Project would result in a potentially significant impact if it would • Result in a reduction from business as usual GHG emissions lower than 17 percent by 202224, or • Result in a reduction from business as usual GHG emissions lower than 35 percent by 2035.
2. Methodology
A quantified estimate of GHG emissions was prepared using the CARB -approved California Emissions Estimator Model 2013.2.2 (CalEEMod) computer program as recommended by the SCAQMD. CalEEMod is designed to model construction emissions for land use development projects and allows for the input of project specific information. Project -generated emissions were modeled based on general information provided in the proposed P roject description and SCAQMD -recommended and default CalEEMod model settings to estimate reasonable worst-case conditions.
CalEEMod allows land use selections that include P roject location specifics and trip generation rates.
CalEEMod accoun ts for area -source emissions from the use of natural gas, landscape maintenance equipment, and consumer products and from mobile -source emissions associated with vehicle trip generation.
GHG emissions were modeled using the CalEEMod computer program and e mission factors from California Climate Action Registry ( CCAR), as recommended by SCAQMD, which estimates construction and operations emissions of carbon dioxide, among other air pollutants. Project -generated emissions were modeled based on proposed land uses and general information provided in the Section 3.0, Project Description.
24 The Active Adult Community portion of the Project would be built out by 2022. GHG emissions would need to be reduced 15 percent by 2020 from today’s levels to meet the 30 percent Statewide goal. Assuming a straight-line assumption, the Active Adult Community would need to reduce 1 percent each year until buildout to meet the 40 percent reduction in GHG emissions from 1990 levels by 2030.
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The following assumptions were made in the CalEEMod computer program:
Land Uses
Active Adult Community
• 25-acre other asphalt surfaces
(for roadways)
• 425-space parking lot
• 7-acre private park
• 78-acre user defined recreational
(private open space)
• 23,000-square-foot recreational center
• 1,200 dwelling units single family housing
Tribal Planning Areas
• 12,000-space parking lot
• 6-acre private park
• 72-acre retail shopping center
• 1,206 dwelling units condo/townhouse
• 25-acre other asphalt surfaces
(for roadways)
• 6-acre user defined recreation (open space)
Combined
• Includes all land uses from both the Active Adult Community and Tribal Planning Areas Construction
Active Adult Community
• Construction period of approximately 6 years beginning fall 2015 and ending by spring 2021. • Construction would occur over six phases: (1) Site Preparation which would last approximately 20 days, (2) Grading for approximately 9 months, (3) Trenching for approximately 5 months, (4) Building Construction for approximately 4 years, (5) Architectural Coating for approximately 5 and a half years, and (6) Paving for approximately 6 months.
• Construction would occur 5 days per week with 8 hour work days.
Each phase of construction would result in varying levels of intensity and the number of construction personnel. The construction workforce would consist of approximately 18 worker trips/day during site preparation, 20 worker trips/day during grading, 20 work er trips/day during trenching, 432 worker trips/day and 129 vendor trips/day during building construction, 90 worker trips during architectural coating, and 15 worker trips/day during paving. The construction scenario for the Active Adult Meridian Consultants 5.6-20 Section 24 Specific Plan Project 044-001-13 November 2014
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Community assumed that the entire 577- acre site is graded, paved roadways, and trenched utilities for modeling purposes.
Tribal Planning Areas
• Construction period of approximately 12 years beginning early 2023 and ending by late 2035. • Construction would occur over two phases: (1) Building construction which would last approximately 10 years, and (2) Architectural Coating which would last approximately 8 years. • Construction would occur over 5 days per weeks and 8 hour work days.
Each phase of construction would result in v arying levels of intensity and the number of construction personnel. The construction workforce would consist of approximately 868 worker trips/day and 129 vendor trips/day during building construction, and 825 worker trips/day during architectural coating.
Combined
The combined scenario includes a separate model run for a more conservative analysis. • Construction period of approximately 6 years beginning mid-2016 and ending by mid-2022. • Construction would occur over six phases: (1) Site Preparation which would last approximately 20 days, (2) Grading for approximately 9 months, (3) Trenching for approximately 5 months, (4) Building Construction for approximately 4 years, (5) Architectural Coating for approximately 5 and a half years, and (6) Paving for approximately 6 months.
• Construction would occur 5 days per week with 8 hour work days.
Each phase of construction would result in varying levels of intensity and the number of construction personnel. The construction workforce would consist of approximately 1 8 worker trips/day during site preparation, 20 worker trips/day during grading, 20 worker trips/day during trenching, 1,300 worker trips/day and 258 vendor trips/day during building construction, 915 worker trips during architectural coating, and 15 worker trips/day during paving. The construction scenario assumed that the entire 577 - acre site is graded, paved roadways, and trenched utilities for modeling purposes.
3. Project Design Features
The following Project Design Features (PDF) are included in the proposed Specific Plan and would reduce the potential greenhouse gas emission impacts of the Project. These features were taken into account in the analysis of potential impacts.
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PDF 5.6-1 Buildings will be sited and designed to maximize the use of sunlight and shade for energy savings and respect the right to solar access of nearby and adjacent buildings. Whenever appropriate, buildings will be oriented so that the long axis of the building is oriented east–west to maximize the opportunity for north- and south facing windows, which receive indirect, diffused light with low heat gain for the building, reducing cooling costs during summer months.
PDF 5.6-2 The pursuit of already established sustainable best management practices, such as Leadership in Energy and Environmental Design (LEED) certification, ComfortWise and EnergyStar Home will be utilized throughout the Project Site.
For maximum flexibility, however, developers and builders will implement sustainable building and development practices identified w ithin the Voluntary Green Building Program and the Voluntary Green Building Manual.
PDF 5.6-3 Builders will participate in programs offered or sponsored by local utilities such as California EnergyStar New Homes Program, Residential Property Development Pr ogram, California Home Energy Efficiency Rating System (CHEERS) Program, and Savings by Design Program.
4. Project Impacts
Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Active Adult Community
Construction
Construction activities for the Adult Active Community would include the use of heavy-duty construction equipment. The vast majority of construction equipment (e.g., backhoes , rubber-tired loaders, scrapers, and haul trucks) rely on fossil fuels, primarily diesel, as an energy source. The combustion of fossil fuels in construction equipment results in GHG emissions of CO 2 and smaller amounts of CH4 and N 2O.
Emissions of GHG would also result from the combustion of fossil fuels from haul trucks and vendor trucks delivering materials, and construction worker vehicles commuting to and from the Active Adult Community. Typically, light -duty and medium -duty automobiles and trucks would be used for worker trips and heavy-duty trucks would be used for vendor trips. The vast majority of motor vehicles used for worker trips rely on gasoline as an energy source while motor vehicles used for vendor trips would primarily rely on diesel as an energy source. The Project would resul t in short -term emissions of GHGs during construction—that is, the emissions would occur only during active construction and would cease Meridian Consultants 5.6-22 Section 24 Specific Plan Project 044-001-13 November 2014
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after the Project is built. The GHG emissions were estimated using the CalEEMod model and are located in Appendix B of this Draft EIS.
As presented in Table 5. 6-3, Active Adult Community Construction GHG Emissions, construction activities associated with the Active Adult Community would generate 4,77 0.86 MTCO2e GHG emissions. The SCAQMD recommends annualizing construction -related GHG emissions over a project’s lifetime, defined as a 30 -year period, in order to include these emissions as part of the annual total operational emissions. Therefore, construction -related GHG emissions have been annualized over this period and included in the annual operational emissions later in this Section.
Table 5.6-3
Active Adult Community Construction GHG Emissions
Year
CO2e Emissions
(Metric Tons per Year)
2015 111.68
2016 654.88
2017 84.43
2018 109.92
2019 107.04
2020 134.37
2021 196.81
2022 56.65
Total Construction GHG Emissions* 1,455.78
Annualized over Project Lifetime 48.53
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Note: Totals in table may not appear to add exactly due to rounding in the computer model calculations.
Abbreviations: MTCO2e = metric tons of carbon dioxide emissions. *N2O emissions account for 0.06 MTCO2e/year.
Operation
The Active Adult Community is anticipated to be fully completed by late 2022. Once fully occupied, the Active Adult Community would result in GHG emissions, primarily CO2, CH4, and N2O, as a result of fuel combustion from building heating systems, landscaping equipment, and motor vehicles. The other primary GHGs (H FCs, perfluorocarbons, and sulfur hexafluoride) are typically associated with specific industrial sources and would not be emitted because the Project is not an industrial land use. Building and motor vehicle air conditioning systems may use HFCs (and HFCs and chlorofluorocarbon [CFCs] to the extent that they have not been completely phased out at later dates); however, these emissions are Meridian Consultants 5.6-23 Section 24 Specific Plan Project 044-001-13 November 2014
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not quantified since they would only occur through accidental leaks. It is not possible to estimate the frequency of accidental leaks without some level of speculation.
A summary of the annual operational emissions of the Project is provided in Table 5. 6-4, Active Adult Community Operational GHG Emissions . The estimates represent emissions with incorporation of the Project Design Features and Mitigation Measures during operation of the Project.
Table 5.6-4
Active Adult Community Operational GHG Emissions
GHG Emissions Source
Emissions
(MTCO2e/year)
Construction (amortized) 48.53
Operational (mobile) sources* 3,223.21
Area sources 329.60
Energy 4,054.66
Waste 109.18
Water 1,114.21
Annual Total 8,879.39
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Notes: Totals in table may not appear to add exactly due to rounding in the computer model calculations.
Abbreviations: MTCO2e = metric tons of carbon dioxide emissions. *N2O emissions account for 0.13 MTCO2e/year.
As shown in Table 5. 6-4, the operational GHG emissions for the Active Adult Commun ity with Project Design Features and Mitigation Measures would be 8,879.39 MTCO2e per year. Because this amount of GHG emissions is greater than the 3,000 MTCO 2e per year screening threshold for commercial/residential land use projects, the Tier 4 performance standard threshold was applied and the ability of the Project to achieve a 17 percent reduction in GHG emissions by 2022, compared to a business as usual scenario, was analyzed to determine significance.
Business as usual refers to emissions levels ab sent the implementation of GHG emissions reduction measures, such as increase d reliance on energy efficiency technologies. Today’s GHG emissions have been reduced by 15 percent from 1990 levels. The 2014 Updated Scoping Plan for AB 32 mandates requires an additional 15 percent reduction in emissions from business as usual to meet the 30 percent reduction from 1990 levels by 2020. The Active Adult Community portion of the Project will need to reduce an additional 2 percent in GHG emissions because it will be built out by 2022. Therefore, the Active Adult Community portion will be analyzed against a 17 percent reduction in emissions from business as usual.
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The business as usual scenario would result in GHG emissions (without Title 24 efficiencies, Project Design Features, or Mitigation Measures) of 11,763.65 MTCO2e per year.25 As indicated in Table 5.6 -4, the Active Adult Community portion of the Project would result in 8,879.39 MTCO2e per year with Project Design Features and Mitigation Measures. The Project Design Features and Mitigation Measures would reduce GHG emissions by 2,884. 26 MTCO2e per year , approximately 24.52 percent, from the business as usual scenario. Because the Project results in greater than 17 percent reduction in GHG emissions as recommend ed by the 2014 Updated Scoping Plan ; the GHG emissions that would be generated by the Active Adult Community are consistent with the 15 percent reduction from today’s levels to meet the 30 percent reduction goal by 2020 and are consistent with meeting the 40 percent reduction from 1990 levels by 2030. Furthermore, it should be noted that the Active Adult Community would also be consistent with the City’s Sustainability Plan , which set a target reduction of 19.8 percent from 1990 levels by 2020. Impacts would be less than significant.
Tribal Planning Areas
Construction
The construction of the Tribal Planning Area was modeled based on the construction schedule from 2023 through 2035. As presented in Table 5. 6-5, Tribal Planning Areas Construction GHG Emissions, construction emissions associated with the Tribal Planning Areas would generate a total of 16 ,342.23 MTCO2e per year. As stated previously, construction- related GHG emissions have been annualized over this period and included in the annual operational emissions later in this Section.
25 11,714.99 MTCO2e per year BAU + 48.53 MTCO2e per year BAU Construction + 0.13 MTCO2e per year N2O = 11,763.65 MTCO2e per year BAU.
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Table 5.6-5
Tribal Planning Areas Construction GHG Emissions
Year
CO2e Emissions
(Metric Tons per Year)a
2023 1,123.65
2024 1,133.02
2025 1,122.07
2026 1,116.53
2027 1,226.65
2028 1,735.12
2029 1,735.16
2030 1,757.43
2031 1,772.68
2032 1,732.40
2033 629.29
2034 628.07
2035 629.49
Total Construction GHG Emissions* 16,341.56
Annualized over Project Lifetime 544.72
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
a Construction CO2 values were derived using CalEEMod Version 2013.2.2. * N2O emissions account for 0.67 MTCO2e/year.
Operation
The Tribal Planning Area is anticipated to be fully built out and in operation by late 2035 . A summary of the annual operational emissions of the Tribal Planning Area is provided in Table 5.6-6, Tribal Planning Areas Operational GHG Emissions. The estimates represent emissions with incorporation of the Project Design Features and Mitigation Measures during operation of the Project.
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Table 5.6-6
Tribal Planning Areas Operational GHG Emissions
GHG Emissions Source
Emissions
(MTCO2e/year)
Construction (amortized) 544.72
Operational (mobile) sources* 18,308.73
Area sources 331.46
Energy 17,488.67
Waste 437.95
Water 2,214.56
Annual Total 39,326.09
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Notes: Totals in table may not appear to add exactly due to rounding in the computer model calculations.
Abbreviations: MTCO2e = metric tons of carbon dioxide emissions. *N2O emissions account for 0.75 MTCO2e/year.
As shown in Table 5. 6-6, the operational GHG emissions for the commercial and residential uses in the Tribal Planning Areas with Project Design Features and Mitigation Measures would be 39,326. 09 MTCO2e per year. Because this amount of GHG emissions is greater than the 3,000 MTCO 2e per year screening threshold for commercial/residential land use projects, the Tier 4 performance standard threshold was applied and the ability of the Project to achieve a 35 percent reduction in GHG emissions by 2035 compared to a business as usual scenario was analyzed to determine significance.
Today’s GHG emissions have been reduced by 15 percent from 1990 levels . To meet the 60 percent reduction in 1990 levels by 2040, GHG emissions would need to be reduced by an additional 45 percent.
To achieve the 60 percent reduction from 1990 levels by 2040, GHG emissions would need to be reduced 35 percent by 2035 to achieve a 50 percent reduction from 1990 levels. Therefore, GHG emissions for the Tribal Planning Areas are compared against the business as usual scenario GHG emissions to determine if the Tribal Planning Areas would meet the 35 percent GHG reduction by 2035 performance standard.
The business as usual scenario would result in GHG emissions (without Title 24 efficiencies, Project Design Features, or Mitigation Measures ) of 69,149.07 MTCO2e emissions per year. 26 As indicated in
Table 5.6 -6, the Project Design Features and Mitigation Measures would reduce GHG emissions by 26 68,603.58 MTCO2e per year BAU + 544.74 MTCO2e per year Construction BAU + 0.75 MTCO2e per year N2O emissions = 69,149.07 MTCO2e per year BAU emissions.
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29,822.96 MTCO2e per year, approximately 43.13 percent, from the business as usual scenario. Because the Project results in a greater than 35 percent reduction in GHG emissi ons from business as usual as recommended by the 2014 Updated Scoping Plan ; the GHG emissions that would be generated by the Tribal Planning Areas would be consistent with the 60 percent reduction from 1990 levels by 2040 goal.
Impacts would be less than significant.
Combined (Active Adult Community Plus Tribal Planning Areas) Construction
Table 5. 6-7, Combined Construction GHG Emissions, estimates project- related GHG emissions from construction activities during development of both the Active Adult Communi ty and Tribal Planning Areas. Emissions generated during construction of the Specific Plan Area would total 12,342.35 MTCO2e per year. As mentioned previously, construction -related GHG emissions have been annualized over this period and included in the annual operational emissions later in this Section.
Table 5.6-7
Combined Construction GHG Emissions
Year
CO2e Emissions
(Metric Tons per Year)a
2015 111.68
2016 746.38
2017 629.65
2018 811.48
2019 782.24
2020 784.64
2021 835.06
2022 406.01
Total Construction GHG Emissions 5,107.14
Annualized over Project Lifetime 170.24
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
*N2O emissions account for 0.21 MTCO2e per year.
Operation
Table 5. 6-8, Combined Operational GHG Emissions, represents emissions with incorporation of the Project Design Features.
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Table 5.6-8
Combined Operational GHG Emissions
GHG Emissions Source
Emissions
(MTCO2e/year)
Construction (amortized) 170.24
Operational (mobile) sources* 19,860.16
Area sources 661.06
Energy 21,432.25
Waste 547.13
Water 3,229.10
Annual Total 45,899.94
Source: CalEEMod Emissions calculations are provided in Appendix B, Air Quality and Greenhouse Gas Emissions Modeling.
Note: Totals in table may not appear to add exactly due to rounding in the computer model calculations.
Abbreviations: MTCO2e = metric tons of carbon dioxide emissions. * N2O emissions account for 0.81 MTCO2e per year.
The combined business as usual scenari o GHG emissions (without Title 24 efficiencies, Project Design Features, or mitigation measures) would be 82,065.58 MTCO2e per year. 27 As indicated in Table 5.6 -8, the Project Design Features and Mitigation Measures would reduce GHG emissions for the entire Project by 36,165.64 MTCO2e per year to 45,899.94 MTCO2e per year, a reduction of approximately 44.07 percent. As previously discussed, the combined scenario assumes buildout of the Project Site by 2022.
Therefore, consistent with the Active Adult Communi ty Only analysis, the combined scenario would be required to reduce GHG emissions 17 percent from 1990 levels by 2022 to meet the 2020 and 2030 reduction goals. Th e combined scenario reduction in emissions of approximately 35 percent from the business as u sual scenario would exceed the 17 percent reduction in GHG emissions from business as usual consistent with the 2020 and 2030 GHG emission reduction goals recommended in the 2014 Updated Scoping Plan. Furthermore, the Project’s 35 percent reduction in GHG emissions from business as usual would be consistent with achieving the 2040 reduction goal. Because the Project would exceed this performance standard, the GHG emissions that would be generated by the Project as a whole are less than significant.
27 81,894.53 MTCO2e per year BAU + 170.24 MTCO2e per year Construction BAU + 0.81 MTCO2e per year N2O emissions = 82,065.58 MTCO2e per year BAU emissions.
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Would the Project conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
Active Adult Community and Tribal Planning Areas
The goal of AB 32 is to reduce State wide GHG emissions to 1990 levels by 2020. In December 2008, CARB adopted the Climate Change Scoping Plan, which details strategies to meet that goal. The 2008 Scoping Plan instructs local governments to establish sustainable community strategies to reduce GHG emissions associated with transportation, energy, and water, as required under SB 375. Planning efforts that lead to reduced vehicle trips while preserving personal mobility should be undertaken in addition to programs and designs that enhance and complement land use a nd transit strategies. The 2008 Scoping Plan also recommends energy -efficiency measures in buildings such as maximizing the use of energy efficient appliances and solar water heating as well as complying with green building standards that result in decreas ed energy consumption compared to Title 24 building codes. In addition, the 2008 Scoping Plan encourages the use of solar photovoltaic panels and other renewable sources of energy to provide clean energy and reduce fossil- fuel based energy. The CARB 2014 U pdated Scoping Plan was updated in May 2014, which adjusted the State wide GHG emissions reduction goals to achieve 1990 levels.
In addition to the measures listed in the 2008 Scoping Plan , other State offices have provided recommended measures that would a ssist lead agencies in determining consistency with the State ’s GHG reduction goals. The California Attorney General’s Office (AGO) has stated that lead agencies can play an important role in “moving the State away from ‘business as usual’ and toward a low -carbon future.”
28 The AGO has released a guidance document that provides information to lead agencies that may be helpful in carrying out their duties under CEQA with respect to GHGs and climate change impacts. Provided in the document are measures that can be included as project design features, required changes to the project, or mitigation measures at the project level and at the general -plan level. The measures are not intended to be exhaustive and may not be appropriate for every project or general plan. The AGO affirms that “the decision of whether to approve a project —as proposed or with required changes or mitigation—is for the local agency, exercising its informed judgment in compliance with the law and balancing a variety of public objectives”.
The City’s 2013 Climate Action Plan provides a framework for the development and implementation of policies and programs that will reduce the City’s emissions, working towards the Statewid e target of 28 California Office of the Attorney General, The California Environmental Quality Act: Addressing Global Warming Impacts at the Local Agency Level, 2008.
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1990 levels by 2020. Measures identified include requirements for household energy and water conservation and efficiency, renewable energy systems, green building materials, trip reduction and optimization, alternative fuels, and desert-appropriate landscaping.
The Project would incorporate measures that reduce GHG emissions compared to a conventional project of similar size and scope. The Project would incorporate energy and water efficiency design features to enhance efficiency in all aspects of a building’s life -cycle. These designs would increase the structures energy efficiency, water efficiency, and overall sustainability. The Project would also exceed Title 24 energy requirements by 15 percent consistent with the Voluntary Green Building Program . The Project is also located in an urban area that would redu ce vehicle trips and vehicles miles traveled due to the urban infill characteristics and proximity to public transit stops. These measures and features are consistent with existing recommendations to reduce GHG emissions. The Project would also include a comprehensive system of pedestrian, neighborhood electric vehicle (NEV), golf cart, and bicycle travel throughout the Project Site and into the surrounding community to reduce vehicle miles traveled by personal vehicle use. Landscaping for the Project would involve the use of desert- appropriate and drought-tolerant plants. Because the Project results in a greater than 15 percent reduction in GHG emissions from 1990 levels by 2020, greater than 17 percent reduction by 2022 for the Active Adult Community, and greater than 35 percent reduction in GHG emissions by 2035 for the Tribal Planning Areas, the Project would be consistent with the 2020, 2030, and 2040 reduction in GHG emissions from 1990 levels set forth in the 2008 Scoping Plan and 2014 Updated Scoping Plan, and the 2020 reduction in GHG emissions from 1990 levels set forth in the City’s 2013 Climate Action Plan . Therefore, the Project would not conflict with the 2008 Scoping Plan, the2014 Updated Scoping Plan, or the City’s 2013 Climate Action Plan.
5. Cumulative Impacts
Although the Project is expected to emit GHGs, the emission of GHGs by a single project into the atmosphere is not itself necessarily an adverse environmental effect. Rather, it is the increased accumulation of GHG from more than one project and many sources in the atmosphere that may result in global climate change. However, currently there are no significance thresholds, specific reduction targets, and no approved policy or guidance to assist in determining significance at the project or cumulative level. Additionally, there is currently no general accepted methodology to determine whether GHG emissions associated with a specific project represent new emissions or existing, displaced emissions. Implementing the Project Design Features a nd GHG-reducing measures would result in a net decrease in GHG emissions that represent a substantial break from “business as usual. ” The Project’s design features and GHG reduction measures make the Project consistent with the goals of AB 32.
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Given the Pr oject’s consistency with State GHG emission reduction goals and objectives, the Project’s contribution to the cumulative impact of greenhouse gas emissions would not be cumulative considerable and would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs (i.e., the 2014 Updated Scoping Plan and the City’s 2013 Climate Action Plan ). Similarly, related projects would also be anticipated to comply with these same emissions reduction goals and objectives. Therefore, cumulative impacts with respect to greenhouse gas emissions would be less than significant.
C. MITIGATION MEASURES
In addition to the Project Design Features identified above, the following Mitigation Measures, two of which are also identified in Section 5.2, Air Quality, would reduce greenhouse gas impacts:
MM 5.2-1 The contractor shall incorporate the following into construction plans and specifications, which shall be implemented to reduce ROG emissions resulting from application of architectural coatings:
• Contractors shall use high -pressure, low -volume (HPLV) paint applicators with a minimum transfer efficiency of at least 50 percent.
• Coatings and solvents with a ROG content lower than required under Rule 1113 shall be used.
• Construction and building materials that do not require painting shall be used to the extent feasible.
• Prepainted construction materials shall be used to the extent feasible.
MM 5.2-2 Construction equipment engines shall utilize Tier 4 engines or better.
MM 5.6-1 Prior to issuance of each building permit, the applicant shall provide a list to the Planning Department of the green building practices and design elements used in building that reduce GHG emissions. The green building practices and design elements shall be consistent with the current standards in the Voluntary Green Building Program and any other green building standards subsequently adopted either by the Agua Caliente Band of Cahuilla Indians (Tribe) or by the City of Rancho Mirage (City).
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adopted by either the Tribe or City . In accordance with the Voluntary Green Building Program, all residential buildings shall, at a minimum, exceed Title 24 (2008) by 15 percent and all non- residential buildings shall, at a minimum, exceed Title 24 (2008) by 15 percent. This measure does not exempt buildings from meeting future energy efficiency obligations that may result from future revisions to the Title 24 standards.
Furthermore, the Project shall commit to exceeding future Title 24 standards as close to the 15 percent target for residential and commercial buildings as possible, to the extent that it is feasible to do so based on technological and financial feasibility factors at the time of permit application.
MM 5.6-3 Prior to the issuance of each building permit, the applicant shall provide evidence to the appropriate Planning Department of its use of energy efficient lighting, heating and cooling systems, appliances, equipment, and control systems, including the installation of ENERGY STAR- certified products, consistent with the standards in the Voluntary Green Building Program and any other energy efficiency standards adopted by either the Tribe or City.
MM 5.6-4 Prior to the issuance of each building permit, the applicant shall provide e vidence to the appropriate Planning Department of the use of “cool” roofs or “green” roofs, and cool pavements for all roofs and pavements to the extent that such products are commercially available for the implementing Project.
MM 5.6-5 Prior to the issuance of each building permit, the applicant shall provide evidence to the appropriate Planning Department of the use of automatic covers, efficient pumps and motors, and solar heating for all pools and spas to the extent that such products are commercially available for the implementing Project.
MM 5.6-7 Prior to the issuance of each building permit, the applicant shall provide evidence to the appropriate Planning Department of the use of water efficient irrigation systems and devices, such as soil-based irrigation controls and use water-efficient irrigation methods consistent with measures recommended in the Voluntary Green Building Program , and any other green building standards adopted by the Tribe or City , and the Coachella Valley Water District water e fficiency goals . In accordance with the appropriate program, the applicant shall provide evidence that building is consistent with the following Specific Plan- wide water conservation measures and/or does not prevent or conflict with the Specific Plan’s ability to meet the following water conservation measures:
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• 90 percent of all builder- installed plumbing devices in each residential buildings shall be low-flow and water-efficient.
• 90 percent of all builder-installed plumbing devices in each non-residential buildings shall be low-flow and water-efficient.
• Turf shall not exceed 20 percent of the total landscaped area of each lot , with the exception of parks and recreation centers.
• 80 percent of public and common landscape areas shall use smart irrigation systems per project.
• 80 percent of public and common landscape areas shall use drought -tolerant, native, and/or water-efficient plant materials per project.
MM 5.6-8 Prior to grading for the Project, the applicant or their contractor shall submit to the appropriate Public Works Department for review and approval of a site construction management plan for the reuse and recycle construction and demolition waste (including soil, vegetation, concrete, lumber, metal, and cardboard).
MM 5.6-9 Prior to the issuance of each building permit, the applicant shall provide evidence to the appropriate Planning Department of reuse and recycling measures in residential, industrial, and commercial projects consistent with measures recommended in the Voluntary Green Building Program or any other green building standards adopted by the Tribe or City . In accordance with the adopted green building program, the applicant shall provide evidence that the building is consistent with the following Specific Plan - wide recycling and waste reduction measures and/or does not prevent or conflict with the Specific Plan’s ability to meet the following recycling and waste reduction measures:
• Provide recycling containers within all multi-family residential communities • Provide recycling containers within all commercial, office, and light industrial buildings.
MM 5.6-10 Prior to the issuance of each building permit, the applicant shall provide evidence to the appropriate Planning Department the use of employment based trip and vehicle miles traveled (V MT) policies that encourage the use of alternative transportation.
Comprehensive employment based trip and VMT reduction policy measures shall be in compliance with City or Tribe mass transit programs and include but are not limited to the measures listed below:
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• Seek approval from the appropriate Planning Department(s) to waive minimum parking requirements and reduce parking from the minimum standards by as much as 20 percent for projects within a quarter mile of a transit station. • Use shared and/or central ized parking facilities consistent with a “park once” approach.
• Require that employers provide information on public transportation options to employees.
• Require that large employers (250 or more employees at a single work-site location) and encourage smal l employers (less than 250 employees at a single work -site location) to provide bicycle parking facilities, employee break rooms with refrigerators and microwaves, and automated teller machines (ATMs). • Require that large employers (250 or more employees at a single work-site location) provide a transportation demand management program, such as vanpools/carpools, ride-sharing/ride-matching, and/or “guaranteed ride home” services that allow employees who use public transit to get a free ride home if they need to stay at work late.
• Require that 1 electric vehicle charging station be provided for every application for 100,000 or more square feet of non-residential development.
D. LEVEL OF SIGNIFICANCE OF MITIGATION
Buildout of the Section 24 Specific Plan would be consistent with the goals of CARB’s 2008 Scoping Plan and the 2014 Updated Scoping Plan, the City’s Sustainability Plan, the Voluntary Green Building Program and best management practices which aim to reduce VMT through integrating land use and transportation and requiring buildings to be more energy efficient than required by existing regulations.
GHG emission impacts would be less than significant.
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5.7 HAZARDS AND HAZARDOUS MATERIALS
This Section of the Draft EIS addresses the potential for the proposed Project to be affected by hazardous conditions on the Project Site. More specifically, this S ection evaluates impacts associated with the Project that may potentially affect public health and safety or degrade the environment .
Various federal, State , regional, and local programs and regulations related to the use, storage, and transportation of hazardous materials are also discussed in this S ection. Information from the following study of the Project Site is incorporated into this Section:
• Phase I and Limited Phase II Environmental Site Assessment , Leighton and Associates, Inc., March 2013.
• Phase I and Limited Phase II ESA Addendum Letter, Leighton and Associates, Inc., June 2014.
A complete copy of this study is included in the Technical Appendices to this Draft EIS ( Appendix E).
Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.
A. ENVIRONMENTAL SETTING
1. Definitions
Hazardous Material
Certain facilities generate substances considered hazardous. Characteristics of hazardous materials include toxicity, ignitability, corrosivity, or reactivity. A hazardous material is defined as:
“ a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either: (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. (Title 22, California Code of Regulations [CCR], Section 66084).”
Hazardous Waste
A “hazardous waste” is defined as “any hazardous material that is abandoned, discarded or recycled.” 1 In addition, hazardous wastes occasionally may be generated by actions that change the composition of
1 California Health and Safety Code, “Hazardous Waste Control,” Section 25124. 12-529
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previously nonhazardous materials. The same criteria that render a material hazardous make a waste hazardous: toxicity, ignitability, corrosivity, or reactivity.
Recognized Environmental Conditions
The term “recognized environmental conditions” means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of an y hazardous substances or petroleum products into the structures on the property or into the ground, groundwater, or surface water of the property.
Historical Recognized Environmental Condition
The term historical recognized environmental condition is defined as “environmental condition which in the past would have been considered a recognized environmental condition, but which may or may not be considered a recognized environmental condition currently.” ASTM further defines a historical recognized environ mental condition by stating “ [i]f a past release of any hazardous substances or petroleum products has occurred in connection with the property and has been remediated, with such remediation accepted by the responsible regulatory agency…this condition shall be considered a historical recognized environmental condition….”
2. Existing Conditions
Regional and Project Site
The Project S ite is located on a 577 -acre portion of Section 24 in unincorporated Riverside County, bounded by Ramon Road on the north; Bob Hope Drive on the east; Dinah Shore Drive on the south; and Los Alamos Road on the west. The Project Site is comprised of five parcels, which are currently known as County of Riverside Assessor Parcel Numbers (APN) 673-120-021, -022, -023, -024, and -025 in Riverside County, California. The Project Site has never been developed and currently consists of relatively undisturbed desert lands. However, at least three disturbed areas were identified on the Project Site with two graded areas in the northwest and northeast portions of the Project Site and one area covered with artificial fill in the southwestern portion of the site. The graded area in the northeast portion of the Project Site was used as a parking and staging area for additional construction for the Agua Caliente Casino Resort Spa in 2007. The graded area in the northwest portion of the Project Site was used as a source of fill for the construction of the Bob Hope Drive/Interstate 10 (I-10) Interchange in 2010.
Land uses surrounding the Project S ite include a golf course and residential homes to the south and to the west, the Agua Caliente Casino/ Resort/ Spa and vacant land to the east, and vacant land to the north.
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Topographically, the Project Site generally slopes downward to the northeast. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located near the southwest corner and the lowest points located near the northeast corner of the Project Site. The soil composition of the Project Site, as well as of adjacent sites, is of mostly loose to moderately dense dune sand over quarterly aged alluvial deposits as a res ult of wind-blown (aeolian) and alluvial sand deposits that eroded from nearby mountains. The dune sands extend to a depth of 5 to 20 feet below ground surface (bgs) and the quaternary-aged alluvial deposits extend to a maximum depth of 51 bgs. Based on evidence from data collected from a property well adjacent to the Project Site, the groundwater depth is approximately 173 feet bgs. There is currently no evidence of oil wells or oil field-related facilities on the Project Site or adjacent properties.
The earliest aerial photograph was taken in 1939, which shows that the Project Area was vacant and undeveloped with only the Southern Pacific railroad (now the Union Pacific Railroad) northeast of the Project Site. Aerial photographs from 1969, 1978, 1984, and 1989 do not show significant changes other than the development of the I-10 northeast of the Project Site, the development of golf course and residential developments to the south and west of the Project Site, and pavement of Dinah Shore Drive.
A 2002 aerial pho tograph indicates that the Project Site and adjacent properties were still vacant and undeveloped, properties to the west and south were developed with residential uses, the Agua Caliente Casino Resort Spa to the east , and Los Alamos Road was a paved road adjacent to the west . The aerial photographs taken in 2005, 2009, and 2010 show that the Project Site is currently similar to existing conditions.
Environmental Conditions
A Phase I and Limited Phase II Environmental Site Assessment was prepared for the Project. The purpose of the Phase I and Limited Phase II Environmental Site Assessment was to evaluate Project Site history, existing observable conditions, current Project Site use, and current and historic uses of surrounding properties to identify the potential presence of Recognized Environmental Conditions, Historical Recognized Environmental Conditions, and known or suspect environmental conditions in connection with the Project Site. The findings of the Phase I and Limited Phase II Environmental Site Assessment in addition to other potential environmental and safety hazards associated with the Project Site are summarized below.
Storage Tanks and Other Structures
The Project Site does not contain any structures and is not identified to be on a list of hazardous materials sites as defined in Government Code Section 65962.5. The site reconnaissance did not identify any evidence of underground storage tanks or aboveground storage tanks, such as vent lines, fill, or 12-531
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overfill ports, to be located on the Project Site. The only evidence of potentially hazardous materials is a pad-mounted transformer in the eastern portion of the Project Site, approximately 7,800 cubic yards of soil stockpiles in the western portion of the Site, and a PVC riser in the south portion of the Project Site.
Leakage and staining were not observed around the transformer and it is unknown if it contains polychlorinated biphenyls (PCBs); it is believed to be owned, operated, and maintained by Southern California Edison. The observed soil stock piles may have been generated from nearby grading and construction activities, which were found not to have any detections of petroleum hydrocarbons (TPH), organochlorine pesticides (OCPs), volatile organic compounds (VOCs), and semi- volatile organic compounds (SVOCs). Lastly, the only other observation made was of a PVC riser on the southern portion of the Project Site and the purpose of this riser could not be determined.
Hazardous Materials Releases
A review of regulatory agency databases, historical maps, and a site reconnaissance indicated that there is no evidence of an occurrence of a hazardous materials release at the Project Site. The Project Site has not been used for any previous purposes or uses nor is it located on a Superfund site . It would not have been subjected to pesticide or fertilizer impacts as a result of agricultural uses or any other hazardous material releases from industrial or commercial uses. The only evidence of waste dumping on the Project Site is of construction debris and wind -blown trash. None of these identified features indicate that there has been a suspected hazardous materials release on the Project Site.
Transport of Hazardous Materials
The Union Pacific Railroad mainline tracks and I -10 are 0.17 miles from the northeastern corner of the Project Site. Both the railroad line and I -10 are used to transport hazardous materials, posing the potential for hazardous materials releases from non-stationary sources to occur in close proximity to the Project Site. The greatest hazard posed to future occupants of the Project Site is a chemical release, fire, or explosion resulting from a truck accident or train derailment at a location adjacent to the Project Site.
Proximity to High-Pressure Gas Lines or Fuel Transmission Lines The Southern California Gas Company operates a six- inch diameter natural gas pipeline beneath Bob Hope Drive and Dinah Shore Drive and a 4 -inch diameter pipeline beneath Los Alamos Road . Kinder Morgan operates a 20 -inch diameter high -pressure refined petroleum products pipeline within the UPRR right-of-way that is within proximity to the northeastern border of the north side of the Project Site. No historical leaks were identified with the petroleum pipeline. 12-532
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Oil, Gas, and Geothermal Resources
The review of the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources, Online Mapping System indicated that there is no e vidence of oil wells or oil field -related facilities on the Project Site or adjacent properties.
Soil Contamination
Soils on the Project Site were sampled to identify any potential soil contamination. Concentrations of TPHs, OCPs, PCBs, VOCs, and SVOCs were not report above laboratory reporting limits. Additionally, Title 22 Metals were detected below their respective US Environmental Protection Agency ( EPA), Region 9 Regional Screening Levels for residential property and California Human Health Screenin g Level for residential property. However, arsenic was detected in soils on the Project Site, but the concentrations were below background levels established by the Department of Toxic Substances Control (DTSC).
Off-Site Conditions
A total of seven facilities within proximity to the Project Site were identified to be Hazardous Waste Information System/facility and manifest data (HAZNET) listed properties. An Environmental Data Report (EDR) was used to identify t hese facilities, which are reflected in Table 5.7-1, EDR-Listed Facilities Adjacent to the Project Site. The EDR meets the governmental records search requirements of ASTM E1524-05. The properties are classified with the HAZNET, Statewide Environmental Evaluation and Planning System ( SWEETPS UST), Indian reservation (INDIAN), leaking and underground storage ( LUST), or waste disposal and mixing category listing identifiers, with the Project Site being classified as INDIAN as it is a part of the Agua Caliente Indian Reservation (“Reservation”). Enforcement violations or citations were not noted with any of these four facilities. The Project Site is not located within 1,000 feet of a military installation, is not located within special use airspace, and is not located beneath a low-level flight path or over a military training route (MTR). 2
2 CA.gov, “California Military Land Use Compatibility Analyst,” http://cmluca.projects.atlas.ca.gov (May 19, 2014). 12-533
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Table 5.7-1
EDR-Listed Facilities Adjacent to the Project Site
Facility Address Relation to Project Site Listing Category Westin Mission Hills Resort 70705 Ramon Road Adjacent to West Boundary Waste Disposal and Mixing
Categories
Agua Caliente Casino Resort
Spa
32250 Bob Hope Drive Adjacent to Northeast
Boundary
Waste Disposal
and Mixing
Categories
Westin Mission Hills Resort 71501 Dinah Shore Drive Adjacent to West Boundary Waste Disposal and Mixing
Categories
Westin Mission Hills Resort 71333 Dinah Shore Drive Adjacent to West Boundary Waste Disposal and Mixing
Categories
MACCO Constructors, Inc. 34200 Rio Del Sol 0.50 miles Northeast SWEEPS UST Mission Hills Country Club 34600 Mission Hills Drive 0.42 miles Southwest INDIAN LUST Flying J Travel Plaza 72235 Varner Road 0.46 miles Northeast LUST
Source: Leighton and Associates, Inc., 2013.
3. Regulatory Setting
Key federal, State, local, and tribal laws, regulations, and policies that pertain to hazards and hazardous materials for the Project are summarized below. They provide the regulatory framework for addressing all aspects of hazards and hazardous materials that would be affected by construction and implementation of the Project.
Federal
Resource Conservation and Recovery Act
At the Federal level, the principal agency regulating the generation, transport, and disposal of hazardous substances is the United States Environmental Protection Agency (USEPA ), under the authority of the Resource Conservation and Recovery Act (RCRA). RCRA established an all -encompassing federal regulatory program for hazardous substances that is administered by USEPA. Under RCRA, USEPA regulates the generation, transportation, treatment, storage, and disposal of hazardous substances.
Hazardous Materials Transport Regulations
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regulations, which are promulgated by the Pipeline and Hazardous Materials Safety Administration for rail transportation. These regulations include requirements that railroads and other transporters of hazardous materials, as well as shippers, have and adhere to security plans and also train employees involved in offering, accepting, or transporting hazardous materials on both safety and security matters.
Additionally, the Federal Hazardous Materials Transportation Law is enforced by the USDOT’s Federal Highway Administration (FHWA) with the purpose of protecting risks to life, property, and the environment as a result of the transportation of hazardous materials.
Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive En vironmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress in 1980 to developed to protect the water, air, and soil resources from the risks created from past chemical disposal practices. CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified.
Emergency Planning and Community Right-To-Know Act
The Emergency Planning and Community Right -To-Know Act (EPCRA) is an authorized program under the Superfund Amendments and Reauthorization Act (SARA). The purpose of EPCRA is to help protect communities from chemical hazards by implementing local emergency planning and notification programs. Under EPCRA, local governments are required to prepare chemical emergency response plans as a strategy to prepare for hazardous emergencies.
Superfund Amendments and Reauthorization Act
Superfund Amendment and the Reauthorization Act amended CERCLA and made important revisions to the Superfund program. Emergency Planning and Community Right -to-Know (also known as SARA Title III) requires the creation of a plan for chemical emergencies at the State and local levels and improves public access to information regarding chemical hazards. In addition, with respect to emergency planning, the Federal Emergency Management Agency (FEMA ) is responsible for ensuring the establishment and development of policies and programs for emergency management at the federal, State, and local levels. This includes the development of a national capability to mitigate against, prepare for, respond to, and recover from a full range of emergencies.
National Pollutant Discharge Elimination System
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administer NPDES in order to regulate and monitor discharged waters and to ensure they meet water quality standards.
State
California Environmental Protection Agency
The California Environmental Protection Agency (Cal/EPA) has broad jurisdiction over hazardous materials management in the State. Within Cal/EPA, the Department of Toxic Substances Control (DTSC) has primary regulatory responsibility for hazardous waste management and cleanup to protect California and Californians from exposures to hazardous wastes by regulating hazardous waste and looking for ways to reduce the hazardous waste produced in California. Enforcement of regulations has been delegated to local jurisdictions that enter into agreements with DTSC for the generation, transport, and disposal of hazardous materials.
The DTSC regulates hazardous waste in California primarily under the authority of the federal RCRA of 1976, and the California Health and Safety Code . The Hazardous Waste Control Law (HW CL) is the primary hazardous waste statute in the State of California. The HWCL implements RCRA as a “cradle -to- grave” waste management system in the State of California. The HWCL specifies that generators have the primary duty to determine whether their wastes are hazardous and to ensure their proper management. The HWCL also establishes criteria for the reuse and recycling of hazardous wastes used or reused as raw materials. The HWCL exceeds federal requirements by mandating source reduction planning, and a much broader requirement for permitting facilities that treat hazardous waste. It also regulates a number of types of wastes and waste management activities that are not covered by federal law with RCRA.
Along with the DTSC, the Regional Water Quality Control Board (RWQCB) is responsible for implementing regulations pertaining to management of soil and groundwater investigation and cleanup.
RWQCB regulations are contained in Title 27 of the California Code of Regulations (CCR). Additional State regulations applicable to hazardous materials are contained in Title 22 of the CCR. Title 26 of the CCR is a compilation of those hazardous materials, waste, and toxic-related regulations contained in CCR Titles 3, 8, 13, 17, 19, 22, 23, 24, and 27 that are applicable to hazardous materials.
Tanner Act
Although there are numerous State policies dealing with hazardous waste materials, the most comprehensive is the Tanner Act (AB 2948) that was adopted in 1986. The Tanner Act governs the preparation of hazardous waste management plans and the siting of hazardous waste facilities in the State of California. The act also mandates that each county adopt a Hazardous Waste Management Plan. 12-536
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To be in compliance with the Tanner Act, local or regional hazardous waste management plans need to include provisions that define (1) the planning process for waste management, (2) the permit process for new and expanded fa cilities, and (3) the appeal process to the State available for certain local decision.
Hazardous Materials Management Plans
In January 1996, Cal/EPA adopted regulations implementing a Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program). The six program elements of the Unified Program are hazardous waste generators and hazardous waste on -site treatment, underground storage tanks, above -ground storage tanks, hazardous material release response plans and inventories, risk management and prevention program, and Uniform Fire Code hazardous materials management plans and inventories. The program is implemented at the local level by a local agency —the Certified Unified Program Agency (CUPA). The CUPA is responsible for consolidating the administration of the six program elements within its jurisdiction.
State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of, and, in the event that such m aterials are accidentally released, to prevent or to mitigate injury to health or the environment.
Hazardous Materials Disclosure Program
The Hazardous Materials Disclosure Program is found within the provisions of the California Health and Safety Code, Division 20, Chapter 6.95, Article 1. CUPAs are required to implement this Program by reporting and disclosing the storage, use, or handling of hazardous materials on a site as a strategic measure to minimize loss to life and property. In addition, Hazardou s Materials Business Plans are required to be submitted by all businesses that handle more than a threshold quantity of hazardous materials.
California Accidental Release Prevention Program
The California Accidental Release Prevention Program (CalARP) is found within the provisions of the California Health and Safety Code, Division 2, Chapter 4.5. CalARP is implemented at the local level by CUPAs as a strategy to minimize the accidental releases of stationary substances that can cause harm to the general public and environment. Businesses are required to develop Risk Management Plans (RMPs) if more than a threshold quantity of regulated substances is handled. 12-537
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California Hazardous Materials Release Response Plans and Inventory Law The California Hazardous Materials Release Response Plans and Inventory Law of 1985 (Business Plan Act) requires hazardous materials business plans to be prepared and inventories of hazardous materials to be disclosed. A business plan includes an inventory of the hazardous mater ials handled, facility floor plans showing where hazardous materials are stored, an emergency response plan, and provisions for employee safety and emergency response training.
3 Government Code Section 65962.5 (Cortese List)
The provisions of Government Code Section 65962.5 are commonly referred to as the Cortese List. The Cortese List is a planning document used by the State and local agencies to provide information about hazardous materials release sites. Government Code Section 65962.5 requires Cal/ EPA to develop an updated Cortese List annually, at minimum. DTSC is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List.
California Emergency Response Plan
California has developed an emergency response plan to coordinate emergency services provided by federal, State, and local governments and private agencies. Response to hazardous material incidents is one part of this plan. The plan is managed by the California Emergency Management Agency, which coordinates the responses of other agencies, including Cal/EPA, California Highway Patrol (CHP), RWQCB, and the Los Angeles County Emergency Services Program.
Cal/OSHA
The Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects workers from health and safety hazards on the job in almost every workplace in California through its research and standards, enforcemen t, and consultation programs. Cal/OSHA oversees certain demolition and construction efforts, and issues construction activity permits for:
• Construction of trenches or excavations which are five feet or deeper and into which a person is required to descend
• Construction of any building, structure, scaffolding or falsework more than three stories high or the equivalent height (36 feet)
3 California Health and Safety Code, Division 20, Chapter 6.95, Article 1. 12-538
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• Demolition of any building or structure, or dismantling of scaffolding or falsework more than three stories high or the equivalent height (36 feet)
• Erection or dismantling of vertical shoring systems more than three stories high, or the equivalent height (36 feet)
Regional and Local
Riverside County Hazardous Waste Management Plan
As incorporated in the County of Riverside Safet y Element, the Riverside County Hazardous Waste Management Plan (HWMP) addresses the County’s planned response to hazardous emergencies.
Authorized in accordance with the Southern California Hazardous Waste Management Authority (SCHWMA), t he HWMP serves as a framework for the management of the County’s hazardous substances. The purpose of the HWMP is to ensure active public participation in hazardous waste and materials management decision, coordinate hazardous waste facility responsibilities, and to promot e practices that give waste management a high priority to reduce hazardous waste in the County.
Agua Caliente Band of Cahuilla Indians
Tribal Ordinance Prohibiting the Use of Trust Lands of the Reservation for the Disposal, Storage, or Treatment of Wastes Regulated by the Resource Conservation and Recovery Act and/or the Comprehensive Environmental Response, Compensation, and Liability Acts (Tribal Ordinance No. 14) This Ordinance prohibits the use of Indian Trust land on the Reservatio n for the disposal, treatment, or storage of hazardous or non -hazardous wastes, as sanitary landfills, or otherwise to protect groundwater and the health, safety, and welfare of the members of the Tribe and the public.
Tribal Property Maintenance Standards Ordinance (Tribal Ordinance No. 17) The Property Maintenance Standards Ordinance prohibits any condition on Reservation land that is detrimental to the public health, safety, or general welfare . Such conditions shall be determined to be a public nuisance, subject to the corrective measures established by this Ordinance. 12-539
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Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Agua Caliente Reservation (Tribal Ordinance No. 24)
The purpose of this Ordinance is to regulate and control all pollutant discharges into the waters of the Reservation.4 Per this Ordinance, no pollutant discharges are allowed into the waters of the Reservation unless there is prior consultation with the Federal, Tribal, or State agency wit h jurisdiction under the Clean Water Act and/or the Safe Drinking Water Act, and if required, appropriate permit(s) are obtained.
Agua Caliente Band of Cahuilla Indians Land Use Ordinance (Tribal Ordinance No. 45) The purpose of this Ordinance is to provid e standards and regulations to control land uses on Indian Reservation Lands, maintain and protect the Reservation’s unique natural and cultural resources, and to preserve the natural environment. In addition, the Tribal Land Use Ordinance also contains pr ovisions for solid, hazardous, and toxic waste collection and disposal from construction, renovation, and reclamation sites.
Pre-Disaster Multi-Hazard Mitigation Plan
The Tribe’s Pre- Disaster Multi-Hazard Mitigation Plan (MHMP) establishes a mitigation program that is intended to reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural and man-made disasters affecting the Reservation.
City of Rancho Mirage
Municipal Code
The City of Rancho Mirage Municipal Code Titles 2, 14, and 17 establish City personnel responsibilities, standards, and regulations that address the management of hazardous materials and wastes as well as emergency plans in the event of a hazardous disaster for the Active Adult Community . In addition, the Municipal Code identifies the appropriate City personnel who are responsible for carrying out and seeing that these emergency plans are implemented properly.
Multi-Hazard Functional Plan
The City’s Multi-Hazard Functional Plan (MHFP) addresses the planned response to extraordinary emergency situations associated with n atural or human caused disasters, technological incidents, and nuclear defense operations. The MHFP is an extension of the State Emergency Plan that is provided
4 Agua Caliente Band of Cahuilla Indians, “Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Agua Caliente Indian Reservation,” ord. no. 24, amend. no. 1. http://www.aguacaliente.org/downloads/Ordinance24.pdf. 12-540
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through the Governor’s Office of Emergency Services (OES). The City of Rancho Mirage (“City”) identifies the I-10 and Highway 111 to be the primary evacuation routes for the area.
B. ENVIRONMENTAL IMPACTS
1. Thresholds of Significance
In order to assist in determining whether a project would have a significant effect on the environment, the Tribe finds a project may be deemed to have a significant impact from hazards and hazardous materials, if it would:
Threshold 5.7-1: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials Threshold 5.7-2: Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment
Threshold 5.7-3: Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school
Threshold 5.7-4: Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment Threshold 5.7-5: For a project located within an airport land use plan or, where such plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area
Threshold 5.7-6: For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area Threshold 5.7-7: Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan
Threshold 5.7-8: Increased fire hazard in areas with flammable brush 12-541
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2. Methodology
In accordance with the American Society for Testing and Materials (ASTM) E1524 -05, a Phase I and Limited Phase II Environmental Site Assessment was conducted for the Project Site and surrounding areas. The ASTM standard entails the identification of recognized environmental conditions in connection with a project site. This reconnaissance-level assessment of the Project, in regards to hazards and hazardous waste materials , consisted of observing and documenting existing conditions of the Project Site and surrounding areas within 0.25 miles of the Site. Available data to determine whether there is the potential for cumulative impacts associated with hazards and hazardous materials was assessed, based upon consideration of the Project, the Project Site , and related projects. The potential for cumulative impacts associated with hazards and hazardous materials was assessed, based upon consideration of t he Project and related projects , as well as projects identified in the City of Rancho Mirage General Plan. These related projects are identified in Section 4.0, Environmental Setting.
3. Project Design Features
The following Project Design Feature (PDF) is incorporated into the proposed Project and would reduce the potential hazards and hazardous materials impacts of the Project. This feature w as taken into account in the analysis of potential impacts.
PDF 5.7-1 Provide fire hydrants and adequate fire flows in the event of a fire at or surrounding the Project Site. These hydrants will be designed and constructed in accordance with Tribal Fire Marshal and/or Riverside County Fire Department requirements.
4. Project Impacts
Create a S ignificant Hazard to the Public or the Environment Through the Routine Transport, Use, or Disposal of Hazardous Materials Adult Active Community
Construction
Construction activities of the Project would involve the transportation of hazardous substances that would be used o n the Site, such as paints, solvents, and cleaners. Grading and construction activities would also require the transport, storage, handling, use, and disposal of hazardous materials such as fuels and greases for the fueling and servicing of construction equipment. Any spills or leakages encountered during construction would be required to be remediated in accordance with the State and local regulations for hazardous waste cleanup. Long -term construction impacts may result in soil and groundwater contamination, of which a SWPPP would be implemented in compliance with NPDES as identified by PDF 5.5-6 in Section 5. 5, Geology and Soils . Lastly, the Project would be operated and 12-542
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constructed under the emergency response plan requirements set forth by the County of Riverside and Titles 2, 14, and 17 of the City of Rancho Mirage Municipal Code , if annexed into the City.
Implementation of Mitigation Measure MM 5.14-1 would require a construction traffic management plan to reduce potential impacts in the event of emergency evacuations. Construction related hazardous impacts would be reduced to less than significant.
Operation
The Project proposes residential uses within the Adult Active Community portion of the Project Site. The associated uses of the Project do not involve the routine use, transport, or disposal of significant amounts of hazardous materials; however, on -site support service, such as janitorial services, may involve the use of small amounts of hazardous materials. These materials would be store d on site in small quantities. Additionally, the operational phase of the Project would entail the potential use of hazardous materials within the residential units of the Active Adult Community. These hazardous materials may include the use of pesticides, paints, household cleaners, and landscaping products within the households. A variety of State and federal laws govern the generation, treatment, and disposal of hazardous wastes. The Rancho Mirage Fire and County of Riverside Fire Departments have the authority to inspect on-site uses and to enforce State and federal laws governing the storage, use, transport, and disposal of hazardous materials and wastes. The County of Riverside requires that an annual inventory of hazardous materials in use o n site, as well as a business emergency plan, be submitted for an annual review, as required by Emergency Planning and Right -to-Know Act and the California Accidental Release Prevention Program. These requirements would be mandated according to State and federal law. As such, potential impacts would be considered less than significant.
Impacts from the I-10/UPRR Transportation Corridor
As previously mentioned, the I-10/UPRR transportation corridor is within close proximity to the northern boundary of the Project Site. The transport of hazardous materials does occur along both the I -10 and the Union Pacific Railroad; however, the probability of a release due to an accident is highly unlikely. The greatest risk posed to people on the Project Site would b e as a result of a fire, explosion, or chemical spill.
The California Highway Patrol (CHP) would be the responding agency for any release or chemical spill as a result of an accident along the I -10. Truck haulers of hazardous materials would comply with applicable federal and State regulations in regards to the transportation of hazardous materials , which are regulated by FHWA. In the event of a hazardous spill, CHP would be required to notify the Riverside County Fire Department’s Office of Emergency Services (OES). Therefore, impacts would be less than significant.
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In the event of a potential release from a railroad accident, the Union Pacific Railroad has numerous safety and security measures in place to avoid serious hazards to surrounding areas. T he FRA maintains statistical annual reports for train accidents that are intended to provide information for those interested in rail safety issues within the county. As illustrated in Table 5. 7-2, FRA Railroad Accident Statistics for 2010 , these reports i nclude data for those train accidents involving the transport and release of hazardous materials. Based on these statistics, the probability of an accident , involving the transport of hazardous materials, within proximity to the Project Site, is considered to be highly unlikely; therefore, impacts would be less than significant.
Table 5.7-2
FRA Railroad Accident Statistics for 2010
Category
Number of
Accidents
Number of
Releases
Number of
Evacuations
National 621 23 10
Union Pacific Railroad 145 4 0
Amtrak N/A N/A N/A
California 26 1 1
Riverside County N/A N/A N/A
Source: FRA 2010
N/A = Not Available
Tribal Planning Areas
Construction
As discussed previously for the Active Adult Community, construction activities within the Tribal Planning Areas would be subject to similar hazardous and hazardous materials impacts. The disposal of hazardous materials would be required to comply with afo rementioned Tribal Ordinances/Plans, which contain provisions for hazardous and toxic waste collection and disposal from construction sites .
Compliance with Tribal Ordinance s/Plans provisions would result in less than significant construction related impacts.
Operation
The Tribal Planning Areas would result in similar operational impacts. The Tribal Planning Areas would include multifamily residential uses, commercial, resort, and retail uses. Residential uses may entail the use of pesticides, paints, household cleaners, and landscaping products with the households. Remaining uses would also use similar products as well as possible industrial- level products that would be 12-544
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considered to be hazardous materials. The disposal of hazardous materials on the Tribal Planning Areas would be required to comply with Tribal regulations to ensure safe and proper standards. Impacts would be less than significant.
Additionally, the Tribal Planning Areas are located on the northern and eastern boundary areas of the Project Site, thus they are closer to the I-10/Union Pacific Railroad transportation corridor and would be in closer proximity to any potential impacts related to a fire, explosion, or hazardous spill from a railroad accident. Since the probability of such an accident is low, impacts would be considered less than significant.
Create a S ignificant Hazard to the Public or the Environment Through Reasonably Foreseeable Upset and Accident Conditions
Active Adult Community
Construction
The Active Adult Community portion of the Project Site would include construction activities for site preparation, earthwork (e.g. vegetation removal, grading, and site excavation), and building construction. Construction and vegetation debris should be dispos ed of in accordance with regulatory guidelines. According to the Phase I and Limited Phase II Environmental Site Assessment, the Project Site does not contain any unidentified soil contamination and disturbance , so grading and excavation activities would not result in a significant hazard to the public or environment. Construction activities within the Project Site would not occur within a hazardous site nor would construction activities expose workers to hazardous substances present in the Project Site. Impacts would be less than significant.
Operation
No hazardous materials that would create a significant hazard to the public are used, transported, produced, handled, or stored on site. In addition, the Project S ite was not identified as a hazardous site or containing hazardous materials in the Phase I and Limited Phase II Environmental Site Assessment , located in Appendix E. Also discussed therein, one site within approximately 0.5 mile of the Project S ite is listed as a closed case. This site is also located down gradient from the Project Site and is not expected to have an impact on the Project Site. Impacts would be less than significant.
Tribal Planning Areas
Construction
Construction activities of the Tribal Planning Areas would involve similar activities as the Activ e Adult Community. There are no identified areas in the Tribal Planning Areas that contain any soil 12-545
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contamination or disturbance that would result in a public hazard . I mpacts would be less than significant.
In regards to the unidenti fied PVC riser on the southeastern portion of the Project Site, caution should be taken when excavating around the area of the riser during construction activities. The PVC riser could possibly lead to an underground storage area or be indicative of hazardous materials or wastes, which would then lead to additional investigation of the area for potential hazards; therefore , impacts from the unidentified PVC riser could be potentially significant. Mitigation Measure MM 5.7-1 will be implemented to minimize any impacts from potential hazardous materials or wastes that may be related to the PVC riser. Impacts during construction would be mitigated to less than significant.
Operation
Operation of the Tribal Planning Areas would not entail the use, transportation, production, handling, or storage of hazardous materials that would create a significant hazard to the public; nor are the Tribal Planning Areas identified on a hazardous site. Therefore, impacts would be less than significant.
Emit Hazardous Emissions or Handle Hazardous Materials Within O ne-Quarter Mile of an Existing or Proposed School
Active Adult Community
Construction
Construction activities of the Active Adult Community would emit vehicle exhaust, which contain nitrous oxides, particulate matter, fine suspended matter, and diesel particulates that could be hazardous to sensitive receptors (newborns to children and elderly persons). The closest school to the Project Site is the Rancho Mirage High School , located at 31001 Rattler Road, which is approximately 0.55 miles from the northwestern boundary of the Project Site. Additionally, the Project does not propose industrial uses. Industrial use sites tend to emit hazardous emissions during construction. Since the closest school is located at a greater distance than the 0.25 -mile radius and construction activities would not release hazardous emissions within this radius, impacts would be considered to be less than significant.
Operation
As Stated above, the nearest school is located greater than 0.25-miles from the Active Adult Community.
The Active Adult Community would develop residential uses that would include the storage and handling of hazardous materials such as pesticides, paints, household cleaners, and landscaping products. State and local regulation for the storage and handling of these materials would be followed, thus impacts would be less than significant.
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Tribal Planning Areas
Construction activities within the Tribal Planning Areas would result in similar impacts as those identified for the Active Adult Community . The Tribal Planning Areas do not propose any industrial uses and the closest school is greater than 0.25 miles away from the Site , so hazardous emissions would not be released within this radius. The Project includes multifamily residential uses, commercial, resort, and retail uses that would include the handling of small amounts of hazardous m aterials, which would be subject to Tribal regulations. Impacts would be less than significant.
Be Located on Hazardous Materials Site that Would Create a Significant Hazard to the Public or the Environment
Active Adult Community
Construction
The site reconnaissance that was conducted for the Project Site indicated that the Project would not be located on a hazardous mat erials site. The Project Site was not identified to be located on a Superfund hazardous materials site nor would it be located on a site that has contains unusual characteristics that could cause public hazards when the Project undergoes construction. Out of the seven facilities that were identified through the HAZNET database, none of them were determined to have any potential hazards. Therefore, since the Project would not be located on a hazardous site or within the vicinity of a hazardous site, impacts during construction activities would be less than significant.
Operation
The Active Adult Community includes the 1,200 single-family dwelling units across an area of 313 acres.
The location of the Active Adult Community would not occur upon a hazardous materials site nor would it entail any uses that would cause a significant hazard to those occupants on the Site. Impacts would be less than significant.
Tribal Planning Areas
The Tribal Planning Areas would result in sim ilar construction and operation impacts that would not expose workers to any significant hazards . Implementation of the Tribal Planning Areas would include 1,206 medium-density multifamily residential units as well as commercial, retail, office, and hotel uses.
The Tribal Planning Areas have not be identified within proximity to a hazardous waste and development of these areas would not entail any uses that would cause a significant hazard to residents and employees on the Project Site. Furthermore, any use of pesticides, paints, household cleaners, and landscaping products would need to be disposed of in accordance with Tribal regulations. Impacts would be less than significant.
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For a Project Located Within an Airport Land Use Plan, Would the Project Result in a Safety Hazard for People Residing or Working in the Project Area Adult Active Community and Tribal Planning Areas
The nearest airport to the Project Site is the Palm Springs Airport located approximately 8 miles to the northwest. The Project S ite is not within an airport land use plan, within 2 miles of a public airport or public use airport, or within the vicinity of a private airstrip. Therefore, the distance from the airport to the Project Site would not cause a safety hazard for people residing or working on the Project Site. Thus, no significant impacts would occur.
For a Project Within the Vicinity of a Private Airstrip, Would the Project Result in a Safety Hazard for People Residing or Working in the Project Area Adult Active Community and Tribal Planning Areas
The Project is not within the vicinity of a private airstrip. The closest private airstrip is the Bermuda Dunes Airport, located approximately 8 miles to the southeast of the Project Site. Therefore, the Project would not subject residents or employees to any safety hazards within the vicinity of a private airstrip .
Impacts would not occur.
Impair Implementation with an Adopted Emergency Response Plan or Emergency Evacuation Plan
Active Adult Community
Construction
Construction of the Project Site would require a period of partial closures of Ramon Road, Dinah Shore Drive, and Varner Road and Rio Del Sol Road north of I- 10. The partial closure of these roads would hinder traffic and would potentially result in a significant impact. M itigation Measure MM 5. 14-1 requires preparation of a detailed Construction Traffic Management Plan, which will be submitted to the City of Rancho Mirage Building and Safety Department and /or the County of Riverside Planning Department for review and approvals consistent with these agencies existing standards and emergency response plans. The plan would provide notification to the Riverside County Fire Department’s Emergency Command Center (ECC), which is a local area coordinator for the Governor’s Office of Emergency Services (OES), to minimize and not physically interfere with an emergency evacuation plan.
The ECC is responsible for serving as a command and control center for the handling of emergency situations within the County of Riverside. Additionally, the City’s MHFP indicates that the main emergency evacuation routes are the I-10 and Highway 111, which are along and connect to the primary and minor arterial streets serving as secondary routes. The City and the Eisenhower Medical Center 12-548
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have partnered to establish an Emergency Operations Center (EOC) at the Annenberg Center. The Project’s construction activities would not interfere with the access to these routes or interfere with the operations of the MHFP or EOC during an emergency situation. With implementation of Mitigation Measure MM 5.14-1, emergency access and potential traffic access impacts will be reduced to a less than significant level.
Operation
The City implements emergency responses for a variety of disasters through its MHFP . The OES is responsible for organizing and maintaining effective emergency management, mitigation, preparedness, and response and recovery within the county. The OES allocat es resources and ensures that the general population would be protected at any time during an emergency. The w orking and living population within the Active Adult Community would be made aware of such disaster plans through public education and outreach activities. In addition, the Project would comply with the Riverside County Fire Department’s recommended standa rds for emergency accessibility and circulation. Thus, the Project’s operational impacts to the impairment of the City’s MHFP would be considered less than significant.
Tribal Planning Areas
Development in Tribal Planning Areas would result in similar construction and operation impacts that could potentially interfere with emergency response and evacuation plans. Obstruction of the City ’s emergency evacuation routes along I- 10 and Highway 111 would not occur during construction activities. As with the Active Adult Community , construction of the Project Site would require the temporary partial closure of Ramon Road, Dinah Shore Drive and Rio Del Sol Road , and Varner Road north of I-10, which could also hinder traffic and result in a potentially significant impact.
Implementation of a detailed Construction Traffic Management Plan, as identified in Mitigation Measure MM 5.14-1, would minimize construction impacts from interfering with the City’s MHFP. Impacts would be less than significant.
Increased Fire Hazard in Areas with Flammable Brush
Adult Active Community and Tribal Planning Areas
The Project Area is located within a California Department of Forestry and Fire Protection (Cal Fire) Local Responsibility Area (LRA) and is designated as an Unzoned, Fire Hazard Severity Zone. 5 Based upon the County of Riverside and City of Rancho Mirage General Plans, the Project Site is located in a n area with minimal fire hazard risk. The Project Site contains minimal vegetation that could pose a flammable
5 CAL FIRE, “Draft Fire Hazard Severity Zones,” http://frap.fire.ca.gov/webdata/maps/statewide/fhszl06_1_map.pdf. 12-549
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hazard. This is a result of the nature of the soil composition within the region, which consists of a majority of dune and alluvial sands with low expansion potential . This type of soil cannot support the growth of dense vegetation , thus reducing the risk of dry, flammable brush on or surrounding the Project Site. Incorporation of Project Design Feature PDF 5. 7-1 will require an adequate number of fire hydrants, adequate fire flow, fire sprinkler and conformance with the Riverside County Fire Department’s existing brush fire standards . Therefore, impacts related to increased fire hazards , due to flammable brush, would be less than significant.
5. Cumulative Impacts
Although other foreseeable developments within the area could increase the potential to disturb any existing contaminated soil, the handling of hazardous materials would be required to comply with the same regulatory framework as the Project. The Project’s impact is unlikely to have the potential to combine with impacts of other projects because of the localized nature of the impact, and because appropriate safety, cleanup, and disposal methods would be implemented to reduce the impact to a level that would not combine with impacts from other projects. Therefore, impacts of the Project would not have the potential to make a cumulatively considerable contribution in combination with impacts from past, present, or reasonably foreseeable projects and would be considered less than significant.
Related projects may be located on or near a site included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. Development of any of the related projects would be required to comply w ith applicable laws and regulations pertaining to hazardous wastes, and the risk with identified hazardous material sites would be eliminated or reduced through proper handling, disposal practice, and/or clean up procedures. Development would be denied by the County of Riverside if adequate cleanup or treatment is not feasible. Accordingly, cumulative impacts to the public or environment associated with development on or near listed contaminated sites would be less than significant.
Each related project would be required to comply with all applicable code and ordinance requirements of the County Fire Department for access, water mains, fire flows, fire sprinkler systems, and fire hydrants. Cumulative impacts would be less than significant.
C. MITIGATION MEASURES
In addition to the Project Design Features identified in Section B.3 above, t he following M itigation Measures would reduce impacts on the City’s emergency response and evacuation plans during the Project’s construction activities.
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Tribal Planning Areas
MM 5.7-1 The unidentified PVC riser on the southeastern portion of the Project Site shall be further assessed. If an underground storage tank or other buried features are identified, they shall be removed in accordance wit h State and federal regulations. The Riverside County Fire Department must be notified if any underground storage tanks and/or other materials are found, and consulted during removal of such materials.
Active Adult Community
Implementation of Mitigation Measure MM 5.1 4-1, provided in Section 5.1 4, Transportation and Traffic, would require a construction traffic management plan to reduce potential impacts in the event of emergency evacuations. To be approved, the plan must comply with existing City and County standards and criteria.
D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
With implementation of existing regulations and standards identified above along with the Project’s Design Features and Mitigation Measures would reduce potential impacts associated with hazards and hazardous materials to a level that would be less than significant.
Implementation of Mitigation Measures MM 5.7-1 and MM 5.14-1 would mitigate any potentially significant impacts with respect to the unidentified PVC riser and interference of an emergency response plan to less than significant.
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5.8 HYDROLOGY AND WATER QUALITY
This Section of the Draf t EIS evaluates the potential for the Project to impact hydrology and water quality conditions on a local and regional context . More specifically, this Section evaluates impacts associated with the Project that may potentially affect the regional and local water quality, surface water hydrology, and groundwater hydrology. Various federal, State, regional, Tribal, and local programs and regulations related to anticipated hydrology and water quality impacts are also discussed in this Section. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in this Draft EIS.