CC12 — Rancho Mirage City Council, October 19, 2023 (part 3 of 28)

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 (PM10 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, SOx, PM10 and PM2.5) generated by Project construction and ozone precursors (e.g., VOCs and NOx) were assessed in accordance with SCAQMD-recommended methods. These 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 PM10 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 criteria 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 use 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 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 worker 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 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 only, the Tribal Planning Areas only, and a combined worst case scenario of full concurrent Project development of both.

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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 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 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 user 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 on 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 sensitive 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 dispersion 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 uniformly 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 Project 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 (PDFs) 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 reduce 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 O3 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 project 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 impacts, 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 Density 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 Voluntary 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 VOCs, 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 walking 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 VOCs 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 To 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 Project. 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 thresholds. Accordingly, emissions 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 O3. Consequently, emissions of VOCs that exceed SCAQMD regional significance thresholds would contribute to the O3 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 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. 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 Areas would not exceed regional thresholds of significance for SOx, 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 State 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 emissions 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 2022) 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 materials 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
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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 annual 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 intersections 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 impact 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 the 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. Accordingly, 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 Information 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 cumulative 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 nuisance 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 the 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 the 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 significance 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 under 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 addition 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 Tables 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 Mitigation 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 Measures 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 Mitigation Measures are available to reduce construction VOCs and operational VOCs, NOx, and CO emissions below SCAQMD regional thresholds. 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 VOCs. 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 require 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 Tables 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 Project 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 Project 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 Site is currently vacant and undeveloped, the biological resources on the site have been impacted by development and human activity on all boundaries 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. Geological 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, another 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 northwestern 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 northeastern 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 eastern 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 mustard, 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 shields the site from prevailing westerly winds emanating from the San Gorgonio Pass. This has had the effect 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 through 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 north, 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 water, 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 cricket 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 the 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 was 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 plant 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 State 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 State 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 (Cornett, 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. These 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 habitat 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 habitat 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 (HCPs) 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, together 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 promulgated 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 for 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 generally 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, county, 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.

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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 Commission 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 species of wildlife in connection with certain activities undertaken by the Tribe, Tribe 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 yellow-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 Mountain 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. The 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 would 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, hydrological 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 information 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 ground 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 support 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 Active 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 Active Adult Community, 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 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 proposed 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 establishing 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 with 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 12-456

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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 periods1 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 records 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 flaked 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 Tahquitz 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 Colorado 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, the Agua Caliente Indian Reservation (“Reservation”) was founded by an Executive Order of President Ulysses S. Grant which was expanded in 1877 and 1907. The Reservation 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 South, Range 4 East, on the San Bernardino Meridian, with the exception of sections already given out by the United States (US) 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, which authorized allotments of Reservation land to be given to individuals. The allotment elections were finally approved by the Secretary 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 12-458

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leader of an expedition attempting to reach the Colorado River by a new route.2 Until the mid- nineteenth century, however, most expeditions into the Coachella Valley were confined 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 of 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 State 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, aside 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 Mason, 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 isolated 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 vehicles 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 NRHP 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 NRHP 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 implementation. 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 must 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 historic 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 Act5 (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 project 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 contribution 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 that 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 State’s significant archaeological and historical resources. 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 (Public 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 [Public 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 State 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 protection 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 Indians 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 State-regulated documents. TPHO consults with federal agencies, including the National 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

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 sectors, 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 survey 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 deposits, 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 research 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 within 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 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 later 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 container 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 less 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.

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 Meridian Consultants 5.4-15 Section 24 Specific Plan Project 044-001-13 November 2014 12-470

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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 construction 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 archaeological 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 subsurface 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. Billboards 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 affect 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 resources 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 resource 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 disturbances 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 qualified 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 State Health and Safety Code (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, Section 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. Information 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 to 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. Areas 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 Project 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 amsl at the lowest 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 materials 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 fault 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 State 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 the Project Site and the Site 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 erosional 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, reduction 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 regulations 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 the State Water Resources Control Board (SWRCB) and the nine regional board offices, which grant permits to regulate point source discharges of industrial 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 CWA2 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 stormwater 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 stormwater pollution prevention measures to reduce or eliminate discharge of pollutants to surface water from stormwater and non-stormwater discharges. Stormwater 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.

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 State legislation that requires delineated maps to be created by the California State Geologist to reflect where potential ground shaking, liquefaction, or earthquake- induced landslides may occur.4 Cities and counties are required to 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 fugitive 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 2013 California Building Code (CBC), which sets minimum design and standards for construction of buildings and structures 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 regulations are Meridian Consultants 5.5-8 Section 24 Specific Plan Project 044-001-13 November 2014 12-482

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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

Threshold 5.5-1: Expose 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?
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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 Design 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 The 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 control 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, the 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 Substantial 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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5.5 Geology and Soils
Expose People or Structures 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 hypocenter 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 shaking 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 faults 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 northeast 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 City 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 12-486

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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 City 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, development 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 Site 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 ground 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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5.5 Geology and Soils
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 percent 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, exposed 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 Site 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 Site’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 Design 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 Site. 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 Geologic Unit or Soil 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 Site 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 Site is low, earthquake-induced lateral spreading is not 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. According 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 removal of heavy vegetation, boulders, roots, and 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 risk 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 reports 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 12-490

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MM 5.5-4 would ensure that the 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. The 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 system 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 Leighton and Associates, Inc., Phase I and Limited Phase II Environmental Site Assessment, February 2014. p. 9.

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5.5 Geology and Soils
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 unique 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 circumstances 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 City 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 Division, 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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5.6 GREENHOUSE GASES
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 development 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 Climate 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 will 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 the 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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5.6 Greenhouse Gases
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 consistent metric. Methane’s warming potential of 21 indicates that Meridian Consultants 5.6-3 Section 24 Specific Plan Project 044-001-13 November 2014 12-496

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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 sulfur 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 programs 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 CO2, 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, Statewide 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, including 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 MMTCO2e. 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, the 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 emission 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 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 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, including 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 the 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 GHGs 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. The order mandated that a Statewide 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, California 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 standard 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 emissions 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 12-504

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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 12-505

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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 metric tons of CO2 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 MTCO2E per year for industrial projects; 3,000 MTCO2E 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 MTCO2E per service population by 2020 or a target of 3.0 MTCO2E per service population by 2035.

For plans, achieve a plan-level efficiency target of 6.6 MTCO2E 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 12-507

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thresholds. The screening threshold for residential/commercial projects is 3,000 MTCO2E per year and 3,500 MTCO2E per year for mixed-use projects. If the amount of GHG emissions generated by a proposed project would be below these screening thresholds, 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 the 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 Updated 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 Statewide 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/Recreation; 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 12-509

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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

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 evidence. 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 levels 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 2022 24, 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 Project description and SCAQMD-recommended and default CalEEMod model settings to estimate reasonable worst-case conditions.

CalEEMod allows land use selections that include Project location specifics and trip generation rates.

CalEEMod accounts 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 emission 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 worker 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 12-513

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Community assumed that the entire 577-acre site is graded, paved roadways, and trenched utilities for modeling purposes.

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.

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 within 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 Program, 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 CO2 and smaller amounts of CH4 and N2O.

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 result 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 12-515

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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 4,770.86 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 (HFCs, 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 12-516

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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 Community 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 MTCO2e 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 absent the implementation of GHG emissions reduction measures, such as increased 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 recommended 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 MTCO2e 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 emissions 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 Community 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 scenario 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 Community 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. The combined scenario reduction in emissions of approximately 35 percent from the business as usual 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 Statewide 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 and 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 decreased 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 Updated Scoping Plan was updated in May 2014, which adjusted the Statewide 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 assist 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 Statewide 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 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 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 and 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 Project’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).

MM 5.6-2 Prior to the issuance of each building permit, the applicant shall provide evidence of its use of energy-efficient designs meeting and/or consistent with the standards in the current Voluntary Green Building Program and any other green building standards Meridian Consultants 5.6-32 Section 24 Specific Plan Project 044-001-13 November 2014 12-525

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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 evidence 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 efficiency 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 (VMT) 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 centralized 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 small 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 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 the use, storage, and transportation of hazardous materials are also discussed in this Section. 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 any 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 environmental 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 Site 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 Site 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 result 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 photograph 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 evidence 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 Screening 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 these 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
The U.S. Department of Transportation (USDOT) regulates transportation of hazardous materials between states. The USDOT Federal Railroad Administration (FRA) enforces the hazardous materials 12-534

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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 Environmental 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
The National Pollutant Discharge Elimination System (NPDES) is a program created to implement the Clean Water Act. The State Water Resources Control Board (SWRCB) and the nine regional boards 12-535

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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 (HWCL) 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 facilities, 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 materials 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, Hazardous 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 materials 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, enforcement, 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 Safety 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), the 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 promote 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 Reservation 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 with 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 provide 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 provisions 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 natural 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

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 the 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 was 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 Significant 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 on 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 stored 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 on 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 be 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. The 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 include 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 aforementioned Tribal Ordinances/Plans, which contain provisions for hazardous and toxic waste collection and disposal from construction sites.

Compliance with Tribal Ordinances/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 Significant 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 disposed 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 Site 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 Site 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 Active 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. Impacts would be less than significant.

In regards to the unidentified 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 One-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 materials, 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 materials 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 similar 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 Site 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. Mitigation 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 allocates resources and ensures that the general population would be protected at any time during an emergency. The working 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 standards 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 an 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 with 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, the following Mitigation 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 with 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 5.14-1, provided in Section 5.14, 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 Draft 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.

A. ENVIRONMENTAL SETTING

1. Existing Conditions
Hydrologic Conditions
Watershed
The Project Site is located within the boundaries of the Coachella Valley Planning Area of the Colorado River Basin (Region 7). 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. It is bounded on the east by the Colorado River; to the south by Mexico; to the west by the Laguna, San Jacinto, and San Bernardino Mountains; and to the north by the New York, Providence, Granite, Old Dad, Bristol, Rodman, and Ord Mountain Ranges.1 The Coachella Valley Planning Area consists of the Whitewater River Watershed and East Salton Sea Watershed, with the Project Site located within the Whitewater River Watershed. The Whitewater River Watershed covers 1,920 square miles in the west central portion of Region 7 and includes the majority of Riverside County and a small portion of southern San Bernardino County 2. The watershed consists mainly of sparsely populated mountains, desert, and agricultural lands. The watershed is bounded on the south by the San Jacinto and Santa Rosa Mountains, on the west by the Santa Ana Watershed, on the east by the Salton Sea, the Hexie and Cottonwood Mountains, and Southern Mojave Watershed, and on the north east by the little San Bernardino Mountains and Southern Mojave Watershed. The highest elevation (upper reaches) of the watershed occur in the San Jacinto Mountains at 10,000 feet above

1 State Water Resources Control Board, California Regional Water Quality Control Board, Water Quality Control Plan:

Colorado River Basin—Region 7, (June 2006) 1-6.
2 Colorado River Basin Regional Water Quality Control Board (CRB RWQCB), (2006) 1-11. 12-552

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mean sea level, while the Salton Sea at 230 feet below mean sea level forms the lowest elevation of the watershed.3
Regional Drainage
The Whitewater River, a channelized river, is the major surface drainage watercourse in the Coachella Valley. The Whitewater River also has a constructed downstream extension known as the Coachella Valley Stormwater Channel, which serves as a drainage way for irrigation return flows, treated community wastewater, and storm runoff.4 The stormwater facilities operated and maintained by Coachella Valley Water District (CVWD) include the Whitewater River Stormwater Channel, Coachella Valley Stormwater Channel, West and East side dike systems, fifteen Cove Community channels from Rancho Mirage to La Quinta, Cove Community basins, Lower Valley stormwater channels in the agricultural areas, and detention channels that drain water impounded behind the dikes.5 The Whitewater River is typically a desert dry wash, flowing only in periods of intense rain.

The CVWD is the local jurisdiction, which operates and maintains multiple stormwater protection facilities in the region with a combined length of 135 miles.6 CVWD delivers irrigation and domestic (drinking) water, collects and recycles wastewater, provides regional stormwater protection, replenishes the groundwater basin and promotes water conservation. Additionally, CVWD is involved with regional stormwater and flood protection, including planning, maintenance and construction of drainage improvements for regional flood control facilities, as well as watershed and watercourse protection related to these facilities.

The CVWD has conducted master studies to determine potential flooding hazards within their service boundaries. The master plan studies for the North Cathedral City and Thousand Palms areas indicate existing flood hazards from the sources in the Morongo Was Watershed, which consists of Morongo Wash, Long Canyon, East and West Wide Canyon and Willow Hole.7 Floodwaters from these watersheds coalesce along the valley bottom and flow southeast along the Interstate 10 (I-10) corridor.

The regional stormwater facilities that have been built in the area, and further southeast, consist of the flood channels or “greenbelts” built in the Classic Club Golf Course, Sun City Palm Desert, and Sun City

3 CRWQCB, (2006) 1-7.
4 CRWQCB, 2006.
5 Coachella Valley Water District (CVWD), “About CVWD and Stormwater Protection and Flood Control,” www.cvwd.org/about/stormwater.php . Accessed May 27, 2014. 6 CVWD, “About CVWD and Stormwater Protection and Flood Control,” www.cvwd.org/about/stormwater.php . Accessed May 27, 2014.
7 CVWD, North Cathedral City and Thousand Palms Stormwater Management Plan, Morongo Wash Watershed Hydrology and Hydraulics, April 25, 2014.
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Shadow Hills. CVWD is currently undertaking several projects to connect the existing regional facilities.

One project will design flood conveyance channels in North Indio that would connect the Sun City Palm Desert facilities to the Sun City Shadow Hills ones and then to the Coachella Valley Stormwater Channel.

Another project would complete of the design of the Thousand Palms Flood Control Project that was originally developed by the US Army Corps of Engineers (USACE). The Thousand Palms Flood Control Project would collect stormwater from the Thousand Palms Watershed by intercepting flood flows with a series of levees on the fans uphill from community of Thousand Palms and conveying them through the Classic Club Golf Course and a new channel to Sun City Palm Desert.

CVWD is planning facilities to manage floodwaters from the Morongo Wash Watershed and the riverine flows under the assumption that the other regional projects are in place or complete. These facilities would likely either convey the riverine flows to the Whitewater River Stormwater Channel near Palms Springs or to the Coachella Valley Stormwater Channel through the regional facilities that are in the process of being designed, as described in the preceding paragraph.8 Local Drainage
The Whitewater River is located approximately 2.9 miles southwest of the Project Site. Water flows northwest to southeast through the City of Rancho Mirage (“City”) and eventually empties into the Salton Sea. The Whitewater River has an intricate drainage network of several intermittent, north- flowing streams that drain the Santa Rosa Mountains and empty into the Whitewater River. The two largest tributaries of the Whitewater River are Bradley and Magnesia Spring Canyon streams. Several unnamed smaller streams and drainages also feed these two streams. In the urbanized parts of the area, streams have been modified and are now mostly confined to open channels, culverts, and storm drains; however, for most of their length, they remain natural and unmodified.

According to the Master Drainage Plan for the City, there are three local watershed zones (1, 2, and 3) within a 5.4 square mile area of the City. The Project Site is located within Zone 2 (1,645 acres) of the City’s Master Drainage Plan. This Zone has the greatest amount of undeveloped land and is divided by the Palm Springs Ridge Line. In general, the area north of the ridgeline drains toward I-10 and the area south of the Palm Springs Ridge Line drains towards the Whitewater River. System deficiencies include the need to implement several regional drainage improvements to collect runoff in this zone (e.g., the proposed Mid-Valley Channel and a new culvert through the new Monterey Drive Interchange embankment at the Union Pacific Railroad (UPRR/I-10 crossing).

8 CVWD, North Cathedral City and Thousand Palms Stormwater Management Plan, Morongo Wash Watershed Hydrology and Hydraulics, (April 25, 2014) 1.
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Project Site
Topographically, the Project Site generally slopes downward to the northeast and southwest. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located in the south- and west-central portions of the Project Site. Based on surface topography, drainage across the Project Site is generally from the center of the Project Site to the north towards Ramon Road and to the south towards Dinah Shore Drive via sheet flow flowing natural drainage courses. The runoff drains into the local storm drain system along Bob Hope Drive and Dinah Shore Drive.

According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Map Number’s 06065C1585G and 06065C1595G, effective since August 28, 2008, the Project Site is not in a designated 100-year flood hazard area.9 The nearest 100-year flood zone is located approximately

0.5 miles north of the I-10, and is designated as AO (100-year risk of flooding one to two feet deep).

A small portion of the northeast portion of the Project Site is within the floodplain limits of the Morongo Wash Watershed, as shown in Figure 5.8-1, Existing 100-Year Flood Hazard Areas.

Water Resources
The principal water sources of the Coachella Valley are local groundwater, recycled water, and imported water either through the State Water Project (SWP) or from the Colorado River via the Coachella Canal, a branch of the All-American Canal.10 Although Colorado River water and SWP water are percolated into the groundwater supply, and are ultimately used through groundwater pumping, they are considered separate sources of water for CVWD. Local surface water is also present in the Coachella Valley in the form of streams; however, CVWD does not derive any of its direct supply from surface water.

Additionally, average precipitation in this arid region is only 3 to 6 inches per year and does not directly provide significant additional water supplies because most of the precipitation evaporates or is consumed by the native vegetation. However, the aquifers are recharged by precipitation and runoff from the local mountains.

CVWD currently has approximately 106,000 domestic water connections and has a groundwater production capacity of 240 million gallons per day. Areas served with domestic water by CVWD include a portion of lands near Desert Hot Springs, the Indio Hills area, and a portion of Cathedral City. CVWD serves all of Rancho Mirage, Thousand Palms, Palm Desert, Indian Wells, La Quinta, and a portion

9 Federal Emergency Management Agency, Flood Insurance Rate Map, Riverside County California, Panel 1585 of 3805, Map Number 06065C1585G and 06065C1595G, August 28, 2008.
10 CVWD, 2014. http://www.cvwd.org/about/wherewater.php . 12-555

Existing 100-Year Flood Hazard Areas
FIGURE 5.8-1
SOURCE: CVWD, North Coachella Valley Stormwater Master Plan - 2013; Google Earth - 2014 044-001-13

NOT TO SCALEN
Legend:

Project Site
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of Indio and Coachella. CVWD also serves other rural communities, including Thermal, Mecca, Oasis, Desert Shores, Salton Sea Beach, Salton City, North Shore, Bombay Beach, and Hot Mineral Springs, and other portions of unincorporated Riverside County.

Groundwater
Groundwater Supplies
Development throughout the Coachella Valley has been dependent on groundwater as a source of supply. The demand for groundwater has annually exceeded the limited natural recharge of the groundwater basin. Therefore, imported water is used to recharge the aquifer and reduce groundwater overdraft. Department of Water Resources (DWR) Bulletin 108 is the most current bulletin published by DWR that characterizes the condition of the aquifer as a whole.11 In Bulletin 108, DWR notes that the amount of usable supply in the over-drafted aquifer is decreasing. The annual overdraft for the Coachella Valley is estimated to be approximately 62,500 acre-feet per year, with a cumulative overdraft of 5.1 million acre-feet from 1964 through 2006.12 The average rise in water levels observed in monitored wells in the West Whitewater River Subbasin Area of Benefit from 2012 to 2013 was 1.1 feet.13
Please refer to the discussion under Public Water Supply, in Section 5.15.1, Utilities and Service Systems: Water Service, of this EIS for additional information on groundwater supply and overdraft mitigation efforts.

Groundwater Quality
Groundwater is the main source of domestic water supply for residents and businesses within CVWD’s service area. Water quality and the character of groundwater are determined by a number of factors including: mineral content of sediments, recharge and drainage patterns, stormwater infiltration, historic land use practices, and casing screening intervals and depths of wells sampled.

As required by the California Safe Drinking Water Act, public water suppliers are required to provide annual Water Quality Reports to its customers (also known as Consumer Confidence Reports). This mandate is governed by the US Environmental Protection Agency (USEPA) and the California Department of Health Services to inform customers of their drinking water quality. In accordance with

11 California Department of Water Resources, Coachella Valley Investigation; Bulletin 108, (July 1964). 12 Engineer's Reports on Water Supply and Replenishment Assessment 2014/2015, prepared by the Coachella Valley Water District, (April 2014).
13 Coachella Valley Water District, Engineer’s Report on Water Supply and Replenishment Assessment, West Whitewater River Subbasin Area of Benefit 2040-2015. Coachella, California. (April 2014). 14. 12-557

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the Safe Drinking Water Act, the public water supplier monitors regulated and unregulated compounds in its water supply. CVWD analyzes more than 22,000 water samples annually to ensure that domestic water meets State and federal standards. Every year, CVWD is required to analyze a select number of these samples for more than 100 regulated and unregulated substances.14 Surface Water Quality
As previously stated, the Project Site is within Region 7. Regional drainage of this area is via the Whitewater River, which flows northwest to southeast and passes approximately three miles south of the Project Site. The Project would indirectly discharge into these receiving waters. The beneficial uses of the downstream receiving waters (Whitewater River, Coachella Valley Storm Water Channel, and Salton Sea) of the Project include but are not limited to agriculture supply, water-contact recreation, and warm fresh water habitat.

The Colorado River Basin Regional Water Quality Control Board (Colorado River Basin RWQCB) is charged by the Porter-Cologne Water Quality Control Act with the protection of water quality for waters within the region. Colorado River Basin RWQCB is also responsible for implementing provisions and pollution control requirements that the federal Clean Water Act specifies for surface waters of the United States. The Colorado River Basin RWQCB Water Quality Control Plan identifies all waters in the region and establishes water quality standards (WQSs) for those waters. WQSs consist of limits or levels of water quality constituents or characteristics that are established for the reasonable protection of the beneficial uses of a water body.15
The Coachella Valley Storm Water Channel is listed as an impaired water body for pathogens (bacteria and viruses). The sources of the pollutants/stressors for the Coachella Valley Storm Water Channel are unknown. The Salon Sea is also listed as an impaired water body for nutrients, salinity, and selenium.

The sources of pollutants/stressors for the Salton Sea include major industrial point source, agricultural return flows, out-of-state source, and point source.16
In 2010, the Colorado River Basin RWQCB prepared and amended the Basin Plan for bacteria indicators of the Coachella Valley Stormwater Channel. The plan was subsequently sent to the State Water Resources Control Board (SWRCB) for review and approval in 2011.17

14 CVWD, Annual Review and Water Quality Report, 2014. 15 Colorado River Basin RWQCB, 2009.
16 RQWCB, 2007.
17 State Water Resources Control Board, Resolution No. 2011-0060, December 2011. 12-558

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2. Regulatory Setting
Federal
Clean Water Act
The federal Clean Water Act (CWA)18 is intended to restore and maintain the cleanliness of the nation’s bodies of water in order to achieve a level of water quality that provides for recreation in and on the water and for the propagation of fish and wildlife. Section 208 of the CWA and the requirements of the Code of Federal Regulations require local water management plans. Preparation of these water management plans is delegated to individual states by the USEPA, which is charged with implementing the CWA.

Pursuant to Section 404 of the CWA, the United States Army Corps of Engineers (USACE) regulates discharges of dredged and/or fill material into waters of the United States.19 “Waters of the United States” are defined in USACE regulations such that navigable waters of the United States are those that are navigable in the traditional sense.20 “Waters of the United States” is a broader term than “navigable waters of the United States” and includes adjacent wetlands and tributaries to navigable waters of the United States and other waters, the degradation or destruction of which could affect interstate or foreign commerce.

The CWA requires all states to conduct water quality assessments of their water resources to identify water bodies that do not meet water quality standards. The water bodies that do not meet water quality standards are placed on a list of impaired waters pursuant to the requirements of Section 303(d) of the CWA.

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 regulations 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 that discharges either directly to surface waters or indirectly through municipal separate storm sewer systems (MS4), must be regulated by an NPDES permit.

18 U.S. Code, Title 33, sec. 1251–1387.
19 U.S. Code, Title 33, sec. 1344.
20 U.S. Code, Title 33, Part 328.3, “Definitions.”
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The USEPA has delegated management of California’s NPDES program to the SWRCB and the nine regional board offices that grant permits to regulate point source discharges of industrial 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 21 recognized the need to address non-point-source stormwater runoff pollution and expanded the NPDES program to operators of MS4s, construction projects, and industrial facilities.

The State of California is required by Section 303(d) of the CWA 22 to provide the USEPA with a list of water bodies considered by the State to be impaired (i.e., not meeting water quality standards and not supporting their beneficial uses). The list also identifies the pollutant or stressor causing impairment, and establishes a schedule for developing a control plan to address the impairment, typically a total maximum daily load (TMDL). The TMDL specifies the amount of the target pollutant that the water body can sustain on a daily or annual basis and is established by amending the water quality control plan.

TMDLs are prepared by the RWQCBs and result in amendments to the Water Quality Control Plan (WQCP), which must be approved by the USEPA. The 303(d) list is used by the USEPA to prepare the biennial federal CWA Section 305(b) Report on Water Quality.

The Project Site is located within the 13-million-acre Colorado River Basin, which is governed by the Colorado River Basin RWQCB, also known as Region 7. The SWRCB administers the NPDES permit program regulating stormwater 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 Stormwater Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to identify potential on-site pollutants and identify and implement appropriate stormwater pollution prevention measures to reduce or eliminate discharge of pollutants to surface water from stormwater and non-stormwater discharges.

Stormwater Best Management Practices (BMPs) to be implemented during construction and grading, as well as post-construction BMPs will be outlined in the SWPPP prepared for the proposed Project consistent with the Agua Caliente Band of Cahuilla Indians (“Tribe”) Ordinance controlling pollutant discharges into the waters of the Agua Caliente Indian Reservation (“Reservation”).

21 US Code of Regulations, Title 33, Section 402(p), Clean Water Act, National Pollution Discharge Elimination System, Municipal and Industrial Stormwater Discharges, (2008). 22 US Code, Title 33, Section 303(d), Clean Water Act, Water Quality Standard and Implementation Plans, (1972). 12-560

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In 2011, the Tribe received an exemption from NPDES Permit requirements from the USEPA because those portions of the Reservation under Tribal jurisdiction (i.e. areas outside of the Land Use Agreements) do not qualify for maintaining permit coverage.

USEPA Toxics Rule
The USEPA has developed water quality criteria for priority toxic pollutants and other provisions for water quality standards to be applied to inland surface waters, enclosed bays, and estuaries in the State of California.23 The rule includes ambient aquatic life criteria for 23 priority toxic pollutants, ambient human health criteria for 57 priority toxics, and a compliance schedule.

State
California Porter-Cologne Act
The California Porter-Cologne Act of 197024 is largely responsible for creating the State’s extensive regulatory program for water pollution control. As discussed previously, preparation of water quality control plans has been delegated to the individual states by the USEPA. Pursuant to the Porter-Cologne Act, the responsibility for protection of water quality in California rests with the SWRCB. In turn, the SWRCB has delegated the regulation of the hydrologic basin to nine RWQCBs to regulate the nine hydrologic basins in the State. The Porter-Cologne Act gives the SWRCB and RWQCB broad powers to protect water quality by regulating waste discharges to water and land and by requiring cleanup of hazardous conditions.

California Water Quality Control Board
The SWRCB administers the NPDES General Permit for Discharges of Stormwater Runoff Associated with Construction Activity (General Construction Permit Order 2009-0009-DWQ).25 Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The General Construction Permit requires the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP should contain a site map which shows the construction site perimeter, existing and proposed buildings, lots, roadways, stormwater collection and discharge points, general topography both before and after construction, and

23 US Environmental Protection Agency, Water Quality Standards, Establishment of Numeric Criteria for Priority Toxic Pollutants for the State of California, May 18, 2008. http://www.epa.gov/fedrgstr/EPA-WATER/2000/May/ Day- 18/w11106.htm
24 California Water Code, Cobey-Alquist Flood Plain Management Act, sec. 13000-14958. 25 California Environmental Protection Agency, State Water Resources Control Board, General Construction Permit Order 2009-0009-DWQ.
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drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect stormwater runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment.

Colorado River Regional Water Quality Control Board
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 (RWQCB), also known as Region 7. The Colorado River Basin RWQCB has adopted a Water Quality Control Plan 26 (Basin Plan) in accordance with criteria contained in the CWA, California Porter-Cologne Water Quality Control Act, and other pertinent State and federal rules and regulations. The intent of the Basin Plan is to provide definitive guidelines and give direction to the scope of Colorado River Basin RWQCB activities that will optimize the beneficial uses of the State waters within the Colorado River Basin by preserving and protecting the quality of these waters. The intended beneficial use of water determines the water quality objectives.

For example, drinking water must be of higher quality than the water used to irrigate pastures. Both of these are beneficial water uses, but the quality requirements for irrigation water are different from those for drinking water.

The SWRCB administers the NPDES permit program regulating stormwater 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. 99-08-DWQ, NPDES No. CAS000002. The main compliance requirement of NPDES permits is the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to identify potential on-site pollutants and identify and implement appropriate stormwater pollution prevention measures to reduce or eliminate discharge of pollutants to surface water from stormwater and non-stormwater discharges.

Stormwater Best Management Practices (BMPs) to be implemented during construction and grading, as well as post-construction BMPs, will be outlined in the SWPPP prepared for the proposed Project.

The Colorado River Basin RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements for appropriate persons and groups; these can include individuals, communities, or businesses whose waste discharges may affect water quality. These requirements can be either State Waste Discharge Requirements for discharge to land, or federally delegated NPDES permits for

26 Colorado River Basin Regional Water Quality Control Board, Water Quality Control Plan, June 2006. 12-562

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discharges to surface water. Dischargers are required to meet water quality objectives and, thus, protect beneficial uses.

Senate Bill 1557
Senate Bill (SB) 1557 27 was signed into law on September 29, 2006, and became effective January 1, 2007. The bill prohibits the use of potable water for non-potable purposes when non-potable water is available within the jurisdictional boundaries of the CVWD. The intent of the legislation is to preserve potable water within the Coachella Valley because potable water is supplied primarily by groundwater from the Coachella Valley groundwater basin, which is currently in a state of overdraft.

Cobey-Alquist Flood Control Act
The Cobey-Alquist Flood Control Act28 states that a large portion of land resources of the State of California is subject to recurrent flooding. The public interest necessitates sound development of land use, as land is a limited, valuable, and irreplaceable resource, and the floodplains of the State are a land resource to be developed in a manner that, in conjunction with economically justified structural measures for flood control, will prevent loss of life and economic loss caused by excessive flooding. The primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish floodplain management rests with local levels of government. It is State of California policy to encourage local levels of government to plan land use regulations to accomplish floodplain management and to provide State assistance and guidance.

California Drainage Law
California Drainage Law is essentially case law. As such, it is complex, but the courts have established the following general principles, which apply in general to development projects:
• The downstream property owner is obligated to accept and make provision for those waters that are the natural flow from the land above.
• The upstream property owner shall not concentrate water where it was not concentrated before without making proper provision for its disposal without damage to the downstream property owner.
• The upstream property owner may reasonably increase drainage runoff by paving or construction of other impervious surfaces, including buildings without liability. The upstream property owner may not further increase drainage runoff by diversion of water that previously drained to another area.

Reasonableness is often based on prevailing standards of practice in the community or region.

27 Government Code Section 65041.1, Senate Bill No. 1557 28 California Water Code, Cobey-Alquist Flood Plain Management Act, (1965 as amended), Sec. 8400-8401. 12-563

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• No property owner shall block, or permit to be blocked, any drainage channel, ditch, or pipe. No property owner shall divert drainage water without properly providing for its disposal.

Urban Water Management Planning Act
The Urban Water Management Planning Act 29 (UWMPA) requires urban water suppliers that provide water for municipal purposes to more than 3,000 customers, or more than 3,000 acre-feet per year of water, to prepare an Urban Water Management Plan (UWMP). The intent of the UWMP is to assist water supply agencies in water resource planning given their existing and anticipated future demands.

The UWMP must include a water supply and demand assessment comparing total water supply available to the water supplier with the total projected water use over a 20-year period. It is also mandatory that the management plans be updated every five years.

Government Code 65302
Government Code Section 65302(a) requires cities and counties located within the State to review the Land Use, Conservation, And Safety elements of the general plan “for the consideration of flood hazards, flooding, and floodplains” to address flood risks.30 Any amendment to the Land Use, Conservation, Or Safety elements requires a review of other general plan elements for internal consistency, including the Housing Element.

The code also requires cities and counties in the State to annually review the land use element within “those areas covered by the plan that are subject to flooding identified by floodplain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources.” FEMA’s floodplain mapping includes:
• Flood Insurance Rate Maps (FIRM)
• Digital Flood Insurance Rate Maps (DFIRM)
DWR’s floodplain mapping includes:
• Awareness Floodplain Maps
• Best Available Mapping (BAM)
• Levee Flood Protection Zones (LFPZ) Maps
• Central Valley Floodplain Evaluation and Delineation (CVFED) Maps

29 Department of Water Resources, Urban Water Management Planning Act, Water Code Sec. 10610–10656. 30 California Government Code, Sec. 65300-65303.4, Authority and Scope of General Plans. 12-564

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Additionally, the location and designation of land uses in a general plan Conservation Element now “need to consider the identification of land and natural resources” that are used “for purposes of groundwater recharge and stormwater management.”
Regional and Local
Riverside County Municipal Code
Stormwater Drainage System Protection Regulations includes a series of regulations intended to protect and enhance the water quality of county water courses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with applicable requirements contained in the CWA, California Porter-Cologne Act, and any associated State or federal regulations, administrative orders or permits.31 Tentative Tract Maps require that the proposed method of control of stormwater, including data on the amount of runoff and the approximate grade and dimension of the proposed facilities, be included on a proposed tentative tract map.32
Tract Drainage includes several regulations pertaining to flood control facilities within new development projects. These regulations require that proposed drainage facilities be designed to convey flows associated with a 100-year storm event.33
Riverside County NPDES Permit
Riverside County has been issued NPDES Permit No. CAS 618033 for stormwater runoff by the Colorado River Basin RWQCB. Riverside County and the Riverside County Flood Control and Water Conservation District are principal permittees and the CVWD along with 10 nearby cities are listed as co-permittees.

On June 7, 2013, the renewal of Board Order No. R8-2013-0024 and NPDES No. CAS 618033 was certified by the Executive Officer of the Colorado River Basin RWQCB to supersede Order No. R8-2010- 0033.34
Whitewater River Region Stormwater Management Plan
The County of Riverside; the CVWD; the Cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; and the Riverside County Flood Control and Water Conservation District (permittees) developed the White Water River Region

31 Riverside County, Municipal Code, Sec. 13.12, “Stormwater Drainage System Protection Regulations.” 32 Ibid., Sec. 16.12.060 (B)(1), “Tentative Tract Maps.” 33 Ibid., Sec. 16.36.100, “Tract Drainage.”
34 California Regional Water Quality Control Board—Colorado River Basin Region, Order No. R8-2010-0033 and NPDES No.

CAS 618033, 2013.
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Stormwater Management Plan (SWMP) to address stormwater pollution from new development and redevelopment by the private sector with the region. The SWMP describes those activities and programs implemented by the permittees to manage urban runoff to comply with the requirements of the NPDES MS4 permit (Order No. R7-2013-0011) for the Whitewater River Region. One of the major elements of the SWMP is a Storm Water/Urban Runoff Management and Discharge Control Ordinance. Some of the permittees with land use authority, including the City, have adopted such an ordinance as well as ordinances addressing grading and erosion control (collectively, the “Stormwater Ordinance”). The purpose of each Stormwater Ordinance is to prohibit pollutant discharges in the MS4 and to regulate Illicit Connections and Illegal Discharges and non-stormwater discharges to the MS4. The SWMP also contains a list of the minimum required BMPs that must be used for a designated project. Private developers and public agencies must then include these SWMP requirements in their project plans, which are reviewed and approved as part of the development approval process prior to issuing building and grading permits.

Coachella Valley Water District
Water Management Plan
CVWD updated its Coachella Valley Water Management Plan (2010 CVWMP Update) in January 2012 to continue to address the overdraft conditions in the Coachella Valley groundwater basin, and to ensure that CVWD and other water agencies in the Coachella Valley can reliably meet current and future water demands. The CVWD recognizes the need to update the Plan periodically to respond to changing external and internal conditions.

The 2010 Water Management Plan Update is a 35-year blueprint for wise water management and the basis for all of the water district’s efforts to preserve the valley’s groundwater source, and calls for a multifaceted approach including:
• increased water conservation by all types of water users; • increasing the imported water supply from the Coachella Canal and State Water Project; • increasing the use of the imported supply and recycled water, instead of groundwater, for irrigation; and
• expanding groundwater replenishment efforts, especially in the east valley.

The 2010 CVWMP Update identifies several water conservation measures with the overall goal to reduce urban water consumption by 20 percent by 2020, and the overall goal to maintain this level of reduction through 2045. These measures include water efficient landscaping and irrigation controls, water efficient plumbing, tiered or seasonal water pricing, public information and education programs, 12-566

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alternative water supplies, water restrictive municipal development policies, appointing a CVWD conservation coordinator and refining the maximum water allowance budget for landscaped and recreational areas. The 2010 CVWMP Update reduces reliance on groundwater sources by fully utilizing Colorado River water, SWP water and recycled water supplies and implementing more conservation over the long term.

Urban Water Management Plan
CVWD completed an update of the Urban Water Management Plan (2010 UWMP) in July 2011, as required under California Water Code, Division 6, Part 2.6. Much of the data used in the 2010 UWMP was based on information in the 2005 CVWMP. However, domestic water demand projections and SWP purchases and reliability were updated in the 2010 UWMP to reflect changes since 2005. It is important to note that projected water demand and supply data, and water conservation programs in the 2010 UWMP, apply only to the CVWD service area, as opposed to the entire Whitewater River Subbasin (WWRSB).

Coachella Valley Water District Ordinance No. 1302.1
CVWD mandates efficiency in newly installed landscape irrigation systems via Ordinance 1302, Valley- wide Water Efficient Landscaping Model Ordinance.35 The purpose of this ordinance is to establish effective water-efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the intent of this ordinance to implement the requirements of the State of California Water Conservation in Landscaping Act.36 The requirements can be found in the General Landscape Guidelines and Irrigation System Design Criteria book.

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.37 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.

35 Coachella Valley Water District, Ordinance 1302.1, Valley-wide Water Efficient Landscaping Model Ordinance, October 1, 2007.
36 State of California Water Conservation in Landscaping Act, Statutes of 1990, Chapter 1145 (AB 235). 37 Agua Caliente Band of Cahuilla Indians, “Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Agua Caliente Indian Reservation,” http://www.aguacaliente.org/downloads/Ordinance 24.pdf 12-567

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Tribal Land Use Ordinance
The purpose of the Agua Caliente Band of Cahuilla Indians Land Use Ordinance (“Tribal Land Use Ordinance”) is to provide 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. Article VII, Landscaping Standards, of the Tribe’s Land Use Ordinance promotes the use of native, desert, and other drought tolerant plants to reduce water demand on the Reservation.

The landscape management practices identified in this article of the Tribal Land Use Ordinance ensure maximum water efficiency, comprehensive landscaping plans, irrigation plans, plant materials, decorative water features, and limitations on turf material.

Tribal Ordinance for Floodplain Management
The purpose of the Floodplain Management Ordinance is to promote the public health, safety, general welfare, and to minimize the public and private losses due to flood conditions in specific areas. The Floodplain Management Ordinance was modeled after the ordinance prepared by the California Department of Water Resources, Division of Flood Management. In order to accomplish the primarily purpose of the Ordinance, the following methods and provisions are included to reduce flood losses:
• Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; • Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities. • Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. • Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.
• Control filling, grading, dredging, and other development which may increase flood damage. • Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

City of Rancho Mirage Safety Element
The City of Rancho Mirage Safety Element addresses natural and manmade environmental hazards that might occur in the City and surrounding areas. It provides information, as well as goals, policies, and 12-568

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programs to protect the general health, safety, and welfare of the community from seismic, geological, flooding and hydrology, and hazardous and toxic materials hazards. The assessment of and planning for these hazards or constraints is the primary purpose of the Safety Element.

City of Rancho Mirage Municipal Code
The City of Rancho Mirage 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 related to drainage facilities are relevant to the Project: Title 3, Chapter 3.29 (License Tax on New Construction), Title 7, Chapter 7.03 (Stormwater Management and Discharge Control), and Title 13, Chapter 13.05 (Required on-site Retention).

B. ENVIRONMENTAL IMPACTS

Threshold 5.8-1: Violate any water quality or waste discharge requirements.

Threshold 5.8-2: Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted.

Threshold 5.8-3: Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in a substantial erosion or siltation on- or off-site.

Threshold 5.8-4: Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site.
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Threshold 5.8-5: Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff.

Threshold 5.8-6: Otherwise substantially degrade water quality.

Threshold 5.8-7: Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map.

Threshold 5.8-8: Place within a 100-year flood hazard area structures which would impede or redirect flood flows.

Threshold 5.8-9: Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam.

Threshold 5.8-10: Be subject to inundation by seiche, tsunami, or mudflow

2. Methodology
Regional off-site analyses of pre- and post-project drainage conditions was included in the evaluation of potential flood hazards associated with flows originating in the Santa Rosa Mountains that flow along the Morango Wash and along the I-10 to the southeast. Additionally, pre- and post-Project drainage analyses were prepared to address local on-site and off-site drainage flood conditions. The following impact analysis related to flooding is based on information from Tribal, Riverside County, and CVWD flood control requirements. Water quality impacts are evaluated based on proposed stormwater filtration techniques and requirements under the Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Reservation. Impacts to groundwater recharge were evaluated using information contained in the 2010 CVWMP Update and retention basins proposed as part of the Project.

3. Project Design Features
The following Project Design Features (PDFs) incorporated into the Project would reduce the potential hydrology and water quality impacts of the Project. These features were taken into account in the analysis of potential impacts.
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Water Conservation
PDF 5.15.1-1 Application of Low Impact Design (LID) standards to all interior and exterior plumbing features, including low flow toilets, low gallons per minute plumbing fixtures, and tankless water heaters.

PDF 5.15.1-2 Utilization of xeriscape planting principles and use of native, drought-tolerant plant materials that require little or no irrigation. Plants with similar water requirements should be grouped together, a technique known as hydro zoning. Decorative water features are to be designed to minimize water consumption and evaporation.

PDF 5.15.1-3 Automated, high-efficiency irrigation systems (such as bubbler irrigation and low-angle, low-flow spray heads) shall be installed to reduce water demand and use. Moisture sensors and other similar irrigation technology shall be utilized to ensure that landscaping is watered only as needed.

PDF 5.15.1-4 Minimize use of turf except within active outdoor recreation uses.

PDF 5.15.1-5 Grey and recycled water infrastructure should be integrated in the landscape design so that grey water, recycled water and/or collected rainwater can be used wherever feasible for landscape irrigation.

PDF 5.15.1-6 Reduced width streets (32 feet) that reduce impervious surfaces that generate run-off.

PDF 5.15.1-7 Retain and treat all stormwater on-site from up to a 100-year storm event.

Stormwater Management
PDF 5.15.2-4 Development within the Project Site shall use linear bioswales, landscaped with native or drought-tolerant grasses, and smaller scale bio-retention cells in surface or subsurface storage areas where feasible.

PDF 5.15.2-5 Development within the Project Site shall use tree box filters as “mini-retention areas,” where feasible.

PDF 5.15.2-6 Development within the Project Site shall use permeable interlocking concrete pavers in parking courts, where feasible.

PDF 5.15.2-7 Development within the Project Site shall use pervious concrete and asphalt for other paved areas, where proper maintenance can be achieved.
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4. Project Impacts
Violate any water quality or waste discharge requirements Water quality standards are attained when designated beneficial uses are achieved and water quality objectives are being met. Beneficial uses include drinking, swimming, industrial, and agricultural water supply, and the support of fresh and saline aquatic habitats. The regulatory program of the Colorado River Basin RWQCB is designed to minimize and control discharges to surface and groundwater within the region, largely through permitting, such that water quality standards are effectively attained.

Pollutants of concern (POC) that are anticipated from the Project implementation include sediment/turbidity, nutrients, organic compounds, oxygen-demanding substances, and bacteria and viruses. Best Management Practices (BMPs) have been designed to address the POCs and will reduce the impacts on water quality to less than significant levels.

Potential negative impacts from Project Site development include an increase of impervious surfaces which will increase the amount of surface runoff generated from the Project Site. Paved areas and streets will collect dust, soil, and other impurities that will then be assimilated into surface runoff during rainfall events. Pollutants such as trash and debris, oil and grease, metals, sediment, pathogens, organic compounds, nutrients, pesticides and oxygen-demanding substances can be expected to be present in surface water runoff once Project development occurs. Without appropriate Project Design Features or Mitigation Measures incorporated into the Project, significant adverse impacts to water quality objectives may be expected to occur.

The Colorado River Basin RWQCB sets water quality standards for all ground and surface waters within its jurisdiction. Water quality standards are defined under the Clean Water Act to include both the beneficial uses of specific water bodies and the levels of water quality that must be met and maintained to protect those uses (water quality objectives). Per the Tribe Ordinance Controlling Pollutant Discharges into the Waters of the Reservation, 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.

Construction—Active Adult Community and Tribal Planning Areas The development of the Project would involve construction activities on the Project Site over the duration of Project development (approximately 20 years). Proposed grading and construction activities would involve earth movement and the use of heavy equipment. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located in the south- 12-572

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and west-central portions of the Project Site. Peak stormwater runoff could result in short-term sheet erosion within areas of exposed or stockpiled soils. Additionally, the compaction of soils by heavy equipment may reduce the infiltration capacity of soils and increase runoff and erosion potential. Given the above, pollutants such as soil, sediments, and other substances associated with construction activities (e.g., oil, gasoline, grease, and surface litter) could enter the Coachella Valley Stormwater Channel during Project construction.

In 2011, the Tribe received an exemption from NPDES Permit requirements from the USEPA because those portions of the Reservation under Tribal jurisdiction (i.e. areas outside of the Land Use Agreements) do not qualify for maintaining permit coverage. Since the Tribe received an exemption from NPDES Permit requirements, implementation of Mitigation Measure MM 5.8-1 requires each individual project proponent to prepare a project-specific water quality management plan.

In order to reduce the discharge of POCs into receiving waters during construction of the proposed development, the Project proponent will be required to prepare a site-specific SWPPP in accordance with the NPDES Program Individual or General permits authorized under the Clean Water Act for Construction Activities, as identified in PDF 5.5-1 in Section 5.5, Geology and Soils. The General Permit requires a development and implementation of a site-specific SWPPP to identify an effective combination of erosion control and sediment control BMPs to minimize or eliminate the discharge of pollutants into receiving waters. In addition, BMPs for managing sources of non-stormwater discharges and waste are required to be identified in the SWPPP. Examples of construction BMPs include silt fencing, gravel bag berms, fiber rolls, and street sweeping. In addition, the SWPPP is required to identify post-construction BMPs, which are permanent features maintained in perpetuity by the owner, developer, or the building occupant. Furthermore, the City also requires stormwater management and discharge control as identified in Title 7, Chapter 7.03 (Stormwater Management and Discharge Control) and Title 13, Chapter 13.05 (Required on-site Retention).

Through compliance with the SWRCB and USEPA permits, and SWPPP requirements along with adherence to the Project grading concept plan, as shown on Figure 3.0-17, Conceptual Mass Grading Plan, potential impacts to water quality within the Coachella Valley Stormwater Channel during Project construction would be less than significant.

Operation—Active Adult Community and Tribal Planning Areas The development of the Project would increase the amount of impervious surfaces on the Project Site, which would potentially increase runoff within the Project Site. As shown in Figure 3.0-12, Conceptual Drainage Plan, up to 15 retention basins would be needed in the Active Adult Community and up to 11 retention basins would be developed in the Tribal Planning Areas. The design capacity of the retention 12-573

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basins would retain the 100-year controlling storm event. Based on preliminary calculations, the proposed on-site retention basins would be designed for the 6-hour storm prior to percolation and the 1-hour storm with percolation. 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 Active Adult Community would flow to the low points in the northern end of the Planning Area. Flows within the Tribal Planning Areas would flow to the northern and eastern ends of each Planning Area. Stormwater runoff from the half-streets abutting the Project Site would be conveyed and retained on-site within the retention basins.

The on-site storm drain improvements would convey runoff to the proposed on-site retention basins. In addition to the retention basins and measures, the Project would implement other Project Design Features that would help remove anticipated pollutants of concern from on-site runoff. Project Design Features PDF 5.15.1-6 and PDF 5.15.1-8 require reduced street widths to minimize surface water runoff and on-site stormwater facilities which retain and treat 100-year storm events. In order to ensure that the on-site flood control facilities are clear of debris, Mitigation Measure MM 5.8-3 and MM 5.8-4 require that each individual project proponent provide a detailed operation and maintenance plan, and that each homeowner’s associations conduct periodic inspections of the flood control facilities.

Overall, the PDFs and BMPs would address the anticipated and expected pollutants of concern from operation of the Project. Degradation of water quality from the Project would be managed in accordance with all applicable federal, State, Tribal, and local water quality rules and regulations in order to effectively minimize the Project’s impact on water quality. Accordingly, impacts would be less than significant.

Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) Active Adult Community and Tribal Planning Areas
The historical depletion of groundwater in the Coachella Valley has led to a condition known as overdraft, in which the demand for groundwater exceeds the amount of recharge into the groundwater basin over a period of time. Overdraft conditions can result in significant adverse social, environmental and economic impacts, including an increased potential for land subsidence which can result in ground fissuring and damage to buildings and their foundations, sidewalks, and subsurface pipelines. 12-574

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The 2010 UWMP projects that water demand by all uses in the CVWD service area, except agriculture, will increase to 596,000 acre-feet per year by 2015, and 689,400 acre-feet per year by 2035.38 The total water demand from all users by the 2010 CVWMP Update, including agriculture, was estimated to be 668,000 acre-feet per year in 1999, is projected to increase to 719,100 acre-feet per year by 2020, and may reach 885,400 acre-feet per year by 2045.39
The historic declining water table in the Palm Springs and Thousand Palms Subareas and the west portion of the Thermal Subarea led to a determination by CVWD and DWA that a management program is required to stabilize water levels and prevent other adverse effects such as water quality degradation and land subsidence within the west portion of the Whitewater River Subbasin. CVWD’s West Whitewater River Subbasin Groundwater Replenishment Program is reducing declining water levels in this subbasin.

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 of the Project Site indicated that groundwater depth may be between 160 and 175 below ground surface (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 portion of the Project Site should be expected.

From 1973 through 2013, CVWD and DWA have replenished the Whitewater River and Mission Creek Subbasins with approximately 2,630,572 acre-feet (2,493,239 acre-feet to Whitewater River Subbasin and 137,333 acre-feet to Mission Creek Subbasin) of exchange deliveries (Colorado River water exchanged for State Water Project water).40 A recharge program is currently operating in the West Whitewater River Subbasin Area of Benefit. The West Valley Whitewater Recharge Facility has a recharge capacity in excess of 300,000 acre-feet per year. Currently, the SWP Exchange supply is expected to provide about 78,000 acre-feet per year for the Whitewater facility on average. Under future conditions, it is possible that average recharge at Whitewater could be limited to the available future supply of about 61,400 acre-feet per year of SWP Exchange, unless it is augmented with other supplies. To reach the 100,000 acre-feet per year recharge goal for the Whitewater facility, CVWD and DWA would need to acquire additional SWP Table A Amounts or other imported water sources. DWA has requested its maximum 2014 Table A State Water Project water allocation (formerly known as

38 Coachella Valley Water District, 2010 Urban Water Management Plan (July, 2011). 39 Coachella Valley Water District, Coachella Valley Water Management Plan 2010 Update (January, 2012). 40 Desert Water Agency, Engineer’s Report: Groundwater Replenishment and Assessment Program for the Whitewater River Subbasin 2014/2015, (April, 2014).
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"entitlement") of 55,750 acre-feet pursuant to its State Water Project Contract for the purpose of groundwater replenishment. CVWD plans to do the same with its maximum 2014 Table A water allocation, which was increased in quantity to 138,350 acre-feet in 2010.41 Total basic Table A amount for CVWD and DWA is currently 71,000 acre-feet per year.42 The Project provides over 234 acres of open space and recreational amenities. These areas represent approximately 40 percent of the Project Site and will provide for groundwater recharge. Retention Basins proposed within the Active Adult Community and the Tribal Planning Areas would serve as multi- functional facilities and may include groundwater recharge.

The Project would begin construction in 2016. Total water demand of the Project is estimated to be 1,780 acre-feet per year, which represents approximately 0.06 percent of the UWMP total demand in 2015 and 0.7 percent of the total anticipated 2010 CVWMP Update’s urban demand in the Coachella Valley through 2035, as discussed in Section 5.15.1. As the remaining development of the higher-density mix of retail, entertainment, office, hotel and residential land uses will begin construction at a later date following the completion of the Active Adult Community component and occur over a longer period of time, the 20-year demand forecasts are considered conservative. Therefore, the Project water demand is within the 2010 CVWMP Update groundwater supply projections.

The 2010 CVWMP Update assumes continued growth in demand and sets forth how that growth will be served. The Project includes Project Design Features which are consistent with the goals of the 2010 CVWMP Update by incorporating the water conservation measures identified in PDF 5.15.1-1 through

5.15.1-5.

Based on the above, the Project would not substantially deplete groundwater supplies and would have a minimal impact on groundwater supplies. The Project would not interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level as it would contribute to local recharge through use of the retention basins and the amount of dedicated open space within the Project Site. Accordingly, impacts would be less than significant.

41 Desert Water Agency, Engineer’s Report: Groundwater Replenishment and Assessment Program for the Mission Creek Subbasin 2014/2015, (April, 2014).
42 Coachella Valley Water District, Engineer’s Report on Water Supply and Replenishment Assessment, West Whitewater River Subbasin Area of Benefit 2014-2015. Coachella, California. (April 2014). 12-576

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Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in a substantial erosion or siltation on- or off-site Construction—Active Adult Community and Tribal Planning Areas One of the hydrological concerns during construction of the Project Site would be potential erosion and sedimentation impacts during site clearing and grading. Erosion and sedimentation caused by construction activities are dependent on climatic and site conditions, as well as the degree of soil disturbance during construction. Site clearing and grading operations, in particular, would have the greatest potential for discharging sediment downstream during storm events.

Grading of the Project Site will be conducted during construction to create residential and commercial pads, roads, basins, etc. Implementation of the Project will result in alteration of the Project Site’s surface and contours as well as introducing additional asphalt, concrete, and other impervious surfaces that do not currently exist on the Project Site. This will result in an alteration of the existing drainage patterns on site.

In its undeveloped condition, no drainage features are present on the Project Site. An on-site drainage system is required to accommodate stormwater flows generated on site and those generated off site that flow onto the Project Site, such as those from tributary areas of the Morongo Watershed.

Development of the Project will result in an increase of impervious surfaces within the Project Site, which could generate increased stormwater flows from the Project Site. For this reason, drainage facilities will be constructed as part of the Project.

As illustrated in Figure 3.0-12 (see Section 3.0, Project Description), the conceptual plan utilizes streets, underground storm drains, open channels, and retention basins to collect the on-site and off-site stormwater from the streets adjacent to the Project Site, and convey it through the Project Site and into the retention basins. Project Design Feature PDF 5.15.1-8 will require retention facilities to accommodate the governing 100-year storm event (1 hour event with percolation) and runoff through the Project Site. 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. The backbone drainage plan facilities are designed to protect habitable dwelling units from flooding.

As described above, the SWRCB administers the NPDES General Construction Permit, which applies to all projects disturbing areas of 1 acre or more during construction. For those areas of the Project under Tribal Jurisdiction that are exempt from the USEPA Construction General Permit the Project Design 12-577

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Features will ensure that appropriate BMPs are implemented during construction. As the Project is constructed over approximately 20 years, each construction contractor would be required to file a notice of intent under these permits.

Through compliance with the Project Design Features which are consistent with SWRCB, USEPA permits, and SWPPP requirements along with adherence to the Project grading concept plan, potential erosion and siltation impacts would be less than significant.

Operation—Active Adult Community and Tribal Planning Areas The operation phase of the Project would contain a number of features to reduce the amount of runoff that would occur within the Project Site, and to limit the amount and rate of surface water flow downstream of the Project Site. The Project would include open space and landscaped areas, pervious concrete and asphalt paving, and the Project-related water quality design features (e.g. retention basins).

The Project would implement other site design features that would help reduce erosion and siltation impacts. PDFs 5.15.2-4 through PDF 5.12.2-7, PDF 5.5-3, and PDF 5.5-4 include the use of bioswales, particularly with native or drought-tolerant grasses, to collect and filter water runoff; the use of stormwater retention/infiltration basins; the use of wind-resistant non vegetative groundcover to allow for sand filtration; and the requirements to stabilize the sand and soil to minimize blowsand prior to and during site construction. Therefore, impacts are considered to be less than significant.

Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site
Active Adult Community and Tribal Planning Areas
As discussed previously, drainage across the Project Site is generally from the northeast and southwest following natural drainage courses. The runoff continues to drain into the local storm drain system along Bob Hope Drive and Dinah Shore Drive. No storm drain exists within the undeveloped portion of the Project Site and no natural water bodies or mapped drainage courses are present.

A preliminary Synthetic Unit Hydrograph was used to determine the retention 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 governing 100-year flood level event. The Active Adult Community would produce 40.98 acre-feet of stormwater run-off and the Tribal Planning Areas would 12-578

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produce 51.18 acre-feet of stormwater run-off that would need to be retained. The overall Project Site would generate 92.16 acre-feet of stormwater runoff during the 100-year flood level event that would need to be retained.

As discussed in Section 3.0, Project Description, the Active Adult Community will be designed with 15 retention basins and the Tribal Planning Areas will be designed with 11 retention basins within the Planning Areas. 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. The retention basin system will be designed to accommodate the 100-year stormwater runoff event during the 100-year flood event. Since the preliminary analyses indicate that the stormwater drainage plan would not result in on-site or off- site flooding, impacts would be less than significant.

Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff
Initial analyses indicate that the proposed on-site stormwater conveyance system would not result in on-site flooding because the system incorporates existing drainage characteristics and would comply with Tribal, City, CVWD, and/or Riverside and County requirements for management of 100-year storm flows. As the preliminary analyses indicate that the stormwater drainage plan would not result in on-site flooding and more detailed studies will be required as the proposed Project is built out, impacts would be less than significant. As described under impact discussion above, the Project would not provide substantial sources of polluted runoff. Consequently, impacts related to water quality would be less than significant.

Otherwise substantially degrade water quality
Please refer to the impact analysis under “violate water discharge requirements” above, for a discussion of water quality impacts.

In order to reduce the discharge of expected pollutants, such as sediment into receiving waters during construction of the proposed development, the project proponent will be required to prepare a site- specific SWPPP consistent with Tribal requirements and the SWRCB General Permit for Construction Activities as identified in PDF 5.5-3. The PDF requires development and implementation of a site-specific SWPPP to identify an effective combination of erosion control and sediment control BMPs to minimize or eliminate the discharge of pollutants into receiving waters. In addition, BMPs for managing sources of non-stormwater discharges and waste are required to be identified in the SWPPP. 12-579

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In order to reduce the discharge of expected pollutants related to post-construction development of this type (such as oil, grease, and trash) into receiving waters following development, individual project proponents located within the Project Site will be required to be in compliance with the Tribe’s Ordinance for discharges into receiving waters of the Reservation. Project design would comply with all NPDES permit requirements. Consequently, impacts to water quality are considered less than significant.

Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map
Active Adult Community and Tribal Planning Areas
According to the FEMA FIRM maps No. 06065C1585G and No. 06065C1595G, effective since August 28, 2008, the Project Site is not in a designated 100-year flood hazard area.43 The nearest 100-year flood zone is located approximately 0.5 miles north of the I-10, and is designated as AO (100-year risk of flooding one to two feet deep). However, a small portion of the northeast portion of the Project Site is within the floodplain limits of the Morongo Wash, as shown in Figure 5.8-1. Further discussion related to the placement of structures within this floodplain is discussed below. As shown in Figure 3.0-3 Conceptual Land Use Plan, proposed residential dwelling units would be located in the central, western, and southern portions of the Project Site. The locations of these units would be located outside of the 100-year floodplain identified by the CVWD. Therefore, the Project would not place housing within a 100-year flood hazard area and, as such, impacts would be considered less than significant.

Place within a 100-year flood hazard area structures, which would impede or redirect flood flows
Active Adult Community
According the FEMA FIRM maps and Figure 5.8-1, which was developed by CVWD, the Active Adult Community is located outside of an identified existing 100-year flood hazard area. Therefore, structures within the Active Adult Community would not impede or redirect 100-year flood flows. Accordingly, impacts would be less than significant.

Tribal Planning Areas
Planning Area 3 is located within the northeast portion of the Project Site and will be developed with community retail uses. According to the FEMA FIRM maps, which include the Project Site, the Tribal

43 Federal Emergency Management Agency, Flood Insurance Rate Map, Riverside County California, Panel 1585 of 3805, Map Number 06065C1585G and 06065C1595G, August 28, 2008.
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Planning Areas would be located outside of a 100-year flood hazard area. However, CVWD has developed more localized flood models which indicate that the northeast portion of the Project Site is located within a 100-year flood hazard area, as shown in Figure 5.8-1. The existing flood flows are projected to travel southeasterly along the I-10 with a floodplain width ranging from 100 to 1,500 feet.

The projected depth of flow is approximately 0 to 10 feet at the northeasterly portion of the Project Site.

However, the Project includes a drainage master plan designed to convey flows without substantial modification to existing off- and on-site drainage conditions. Off-site flows from the half streets adjacent to the Project Site would be collected at natural concentration points along the northeastern boundary of the Project Site and within the southern portion of the site and conveyed via engineered channels that follow existing drainage patterns and CVWD facilities, as required by Mitigation Measure MM 5.8-2.

The proposed drainage system is also designed to adequately detain and convey 100-year storm flows in accordance with Tribal, City, CVWD, and/or Riverside County requirements. As stormwater would be conveyed within the proposed drainage system to the Coachella Valley Storm Water Canal and would prevent on- and off-site flooding, proposed structures would not impede or redirect flood flows.

Accordingly, impacts would be less than significant.

Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam Active Adult Community and Tribal Planning Areas
According to the FEMA FIRM maps No. 06065C1585G and No. 06065C1595G, effective since August 28, 2008, the Project Site is not in a designated 100-year flood hazard area.

According to the Riverside County General Plan, the Project Site is not located within a levee or dam inundation zone.44 Therefore, the Project would not expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of the failure of a levee or dam. Accordingly, impacts would be less than significant.

Be subject to inundation by seiche, tsunami, or mudflow Active Adult Community and Tribal Planning Areas
The San Andreas Fault system is located approximately 5 miles north of the Project Site. Due to the proximity to the San Andreas Fault, the area is seismically active. The nearest large body of water that

44 Riverside County Integrated Project, Figure S-10, “Dam Failure Inundation Zones” (2003). 12-581

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would generate a seiche is Lake Cahuilla approximately 15 miles southeast of the Project Site. While it is possible that a large earthquake could result in a seiche at Lake Cahuilla, the likelihood of such an event is very low. Therefore, the risk that the Project Site would be inundated by a seiche, is deemed less than significant.

The Project Site is not in a coastal area, and as such, the Project Site would not be inundated by a tsunami. The Project Site is located within the central portion of the Coachella Valley floor. The topographically surrounding the Project Site is generally level with elevation changes less than one percent. Therefore, the likelihood that a mudflow would inundate the Project Site is very low.

Accordingly, no significant impacts to the Project from inundation by seiche, tsunami, or mudflow would occur.

5. Cumulative Impacts
The cumulative impact analysis in this Draft EIS considers related development projects in the area. In summary, the related projects include, but are not limited to, the construction of the Pelagic Residential project, the Rancho Mirage Rehab Hospital, development of Section 13 to the north, and Section 19 to the east.

The Colorado River Basin RWQCB has issued a MS4 permit for stormwater discharges. The County, CVWD and other co-permittees have prepared a stormwater management program addressing requirements for meeting this MS4 permit. The County reviews all plans and developments for compliance with existing ordinances (e.g., grading ordinance) and stormwater management program requirements. The Tribal Ordinance Controlling Pollutant Discharges into the Waters of the Reservation regulates and controls all pollutant discharges into 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.

With regard to water quality, the related projects would be required to comply with the NPDES General Construction Permit, including the implementation of a site-specific SWPPP, to prevent polluted runoff from entering local stormwater drainage systems during construction activities. Additionally, each related project would be subject to NPDES requirements after buildout and applicable municipal code requirements such as Stormwater Drainage System Protection Regulations, of the Riverside County Municipal Code.45 Related projects located on Reservation land, for areas outside of Land Use

45 Riverside County, Municipal Code, Section 13.12, Stormwater Drainage System Protection Regulations. 12-582

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Agreements, would not be subject to NPDES permit requirements as the Tribe received an exemption from the USEPA in 2011. However, these related projects would be subject to the Tribes Ordinance Controlling Pollutant Discharges into Waters of the Reservation which does not permit pollutant discharges from construction activities to enter into receiving waters. As each related project would be required to comply with NPDES requirements and local regulations designed to prevent polluted runoff from entering local storm drain systems and receiving water bodies during construction and after buildout, the cumulative impact to water quality would be less than significant. Further, as compliance with NPDES, local municipal code requirements, and Tribe requirements would prevent substantial erosion and siltation, the cumulative impact related to erosion and siltation would also be less than significant.

With regard to flooding and storm drain capacity, the related projects would be required to adequately convey stormwater runoff such that flooding does not occur. Projects within Riverside County are subject to the Riverside County Municipal Code, which includes several regulations pertaining to flood control facilities within new development projects.46 These regulations require that proposed drainage facilities be designed to convey flows associated with a 100-year storm event. Similarly, the Project is designed to convey flows associated with a 100-year event. Compliance by the related projects with applicable municipal code requirements, Tribe Building and Safety Code, CVWD regulations, and California Drainage Law would result in less than significant cumulative impacts.

Section 5.15.1 includes a detailed analysis of the water demand associated with the related projects and the effect on groundwater supply and recharge. As discussed, the project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.

Groundwater supply and aquifer overdraft are currently being assessed and management plans implemented by CVWD to minimize impacts with increased development on groundwater supplies. Over the next 20 years, groundwater extraction is expected to decrease slightly as groundwater basin management activities are executed and sustainable levels of pumping are achieved. Increased future demands are expected to be met with imported water from the Colorado River and State Water Project, and groundwater management activities are expected to maintain groundwater levels and safe yields.

These groundwater management activities will ensure that groundwater supplies are not depleted or degraded. Therefore, the cumulative impacts would be less than significant.

46 Riverside County, Municipal Code, Section 16.36.100, Tract Drainage. 12-583

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Development projects, including commercial, industrial, and residential, individually and cumulatively will create more impervious surfaces thus reducing the total groundwater recharge area. However, projects located within the local watershed also have the possibility of adding to the Indio groundwater subbasin through the addition of imported and/or recycled water. The water used for irrigation could offset the difference in the reduction of groundwater recharge area to rainfall-related recharge that occurs today.

As discussed above, while it is possible that a large earthquake could result in a seiche at Lake Cahuilla, the likelihood of such an event is very low. Cumulative impacts related to tsunamis, seiches, and mudflows would be less than significant.

With regard to the failure of a levee or a dam, none of the related projects is proposed within an inundation zone. According to the Riverside County General Plan, none of the related project sites within Riverside County is located within a levee or dam inundation zone.47 Accordingly, the cumulative impact would be less than significant.

C. MITIGATION MEASURES
In addition to the PDFs identified in Section B.3 above, the following Mitigation Measures would reduce hydrology and water quality impacts:

Construction
MM 5.8-1 Prior to issuance of a final grading permit for each individual project proponent, a project-specific water quality management plan (WQMP) shall be submitted to the appropriate jurisdiction for review and approval.

MM 5.8-2 Prior to the issuance of grading permits for development within Tribal Planning Area 3; a detailed hydrology study shall be prepared and submitted to the Tribal Engineer and/or CVWD for review and approval. This study shall evaluate the potential flows from the Morongo Watershed and will identify facilities to be constructed to collect, route and discharge flows in a manner compatible with pre-project/existing conditions across the Project Site. At the completion of construction of the flood control facilities, submit “as- built” topography, construction drawings and engineering analysis for CVWD review to verify that the design capacity is adequate to meet a performance standard requiring the maintenance of pre-project condition flows exiting the Project Site.

47 Riverside County Integrated Project, Figure S-10, “Dam Failure Inundation Zones,” (2003). 12-584

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Operation
MM 5.8-3 Prior to final grading, individual project proponents shall submit a detailed operation and maintenance plan to the appropriate jurisdiction and CVWD for review and approval of the as-built project conditions that satisfies the required performance standard set forth in MM 5.8-2.

MM 5.8-4 Periodic inspection of the conditions of the open channels, retention basins, and storm drains will need to be performed year round, and after significant precipitation events will be required to be performed by each homeowner association (HOA). Annual inspection reports shall be prepared by each HOA, and submitted to and filed with the Tribe, City and/or CVWD by June 30th each year calendar year.

D. LEVEL OF SIGNIFICANCE AFTER MITIGATION
Project Design Features PDF 5.5-3 through PDF 5.5-5 in Section 5.5, Geology and Soils; PDF 5.15.1 through PDF 5.15.1-7 in Section 5.15.1, Utilities and Service Systems: Water Service; PDF 5.15.2-4 through PDF 5.15.2-7 in Section 5.15.2 Utilities and Service Systems: Sewer; and Mitigation Measures MM 5.8-1 through MM 5.8-4 would ensure that Project-level impacts on surface water, hydrology, and water quality would be less than significant. Also, compliance with existing regulations and standard conditions of approval identified above would reduce potential impacts associated with hydrology and water quality to a less than significant level. Therefore, no significant unavoidable adverse impacts relating to hydrology and water quality would result on a Project-specific or cumulative basis. 12-585

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5.9 LAND USE
This Section of the Draft EIS evaluates the potential land use impacts in the Sphere of Influence of the City of Rancho Mirage (“City”) from the proposed Project. Land use impacts can be either direct or indirect. Direct impacts are those that result in land use incompatibilities, or the division of neighborhoods or communities, or interference with other land use plans, including habitat or wildlife conservation plans. Indirect impacts are secondary effects resulting from land use policy implementation, such as an increase in demand for public utilities or services, or increased traffic on roadways. Indirect impacts are addressed in other topical sections of the Draft EIS. This Section also evaluates the consistency of the proposed Project with land use plans addressing the area the Project Site is located in. Please see Section 9.0 for a glossary of terms, definitions, and acronyms used in the Draft EIS.

A. ENVIRONMENTAL SETTING
The proposed Project consists of the proposed adoption of a specific plan to regulate the development and use of approximately 577 acres of land located within the Agua Caliente Indian Reservation (“Reservation”). The Project Site is bounded by the following roadways: Ramon Road on the north; Bob Hope Drive on the east; Dinah Shore Drive on the south; and Los Alamos Road on the west.

1. Existing Conditions
Existing On-Site Land Uses
The Project Site consists of undeveloped land. Topographically, the Project Site slopes downward to the northeast. Surface elevations range from approximately 350 feet to 250 feet above mean sea level, with the highest points located to the south and west.

Existing Surrounding Land Uses
Figure 5.9-1, Surrounding Land Uses, provides an aerial photograph of the Project Site and surrounding uses. The Mission Hills resort community is located immediately south and west of the Project Site.

Mission Hills includes the Mission Hills Golf Resort and Spa, a 360-acre resort, which includes a variety of vacation rental units and hotel rooms along with golf courses, a tennis facility, and other amenities to the south of the Project Site and private homes to the west of the Project Site and Los Alamos Road. The Mission Hills Country Club is located southwest of the Project Site.

North of the Project Site and Ramon Road is undeveloped land in Section 13 that extends north to the Union Pacific Railroad (UPRR), which is located approximately 750 to 3,450 feet to the north. Rancho 12-586

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Mirage High School is located approximately one half of a mile northwest of the Project Site on Rattler Road.

The Agua Caliente Casino Resort Spa is located on approximately 35 acres immediately east of the Project Site on the southeast corner of Ramon Road and Bob Hope Drive. This facility includes a 340- room hotel, 70,000 square feet of gaming floor, a 2,000 - seat showroom, 13,000 square feet of flexible meeting space, six distinct dining venues, a resort pool, spa and fitness center, and parking areas including both surface parking and a parking structure).

An existing retail commercial center, the Desert Plaza shopping center, is located to the southeast of the Project Site on the corner of Dinah Shore and Bob Hope Drives.

Existing Land Use Plans, Policies and Regulations
Local and regional laws, regulations, plans, or guidelines that address the Project Site and the surrounding area are described below. While land located within the Reservation is subject to Tribal land use regulations, the plans and policies adopted by other local jurisdictions are discussed to provide context for assessing the consistency of the proposed Specific Plan with existing and planned land uses around the Project Site.

Agua Caliente Band of Cahuilla Indians
Land Use Ordinance
The Agua Caliente Band of Cahuilla Indians Tribal Council adopted a Land Use Ordinance for the Reservation on July 14, 2009. This Land Use Ordinance applies to all development, public and private, within the areas of the Reservation not covered under a Land Use Agreement between the Agua Caliente Band of Cahuilla Indians (“Tribe”) and a local jurisdiction. All structures and land uses constructed or commenced after adoption of the Land Use Ordinance and all enlargements of, additions to, changes in, and relocations of existing structures and uses are subject to the Land Use Ordinance.

The Land Use Ordinance includes a zoning map identifying zoning districts. Currently, the northern portion of the Project Site, consisting of approximately 120 acres on Ramon Road, is designated as Tribal Enterprise, a zoning designation applied to Tribal Trust land. Uses allowed on land zoned Tribal Enterprise is subject to determination by the Tribal Council.

The remainder of the Project Site is designated as “Specific Plan,” a zoning designation that allows for greater flexibility to focus regulations and standards on a specific geographic area, and “Land Use Contract, Riverside County,” a zoning designation applied to Allotted Trust lands, which were lands 12-587

Surrounding Land Uses
FIGURE 5.9-1
SOURCE: Google Earth - 2014
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Section 13Section 13
Mission HillsCountry ClubMission HillsCountry Club
Rancho MirageHigh SchoolRancho MirageHigh School
Section 19Section 19
Agua CalienteCasino Resort SpaAgua CalienteCasino Resort Spa Westin Mission HillsWestin Mission Hills
Retail /CommercialRetail /Commercial
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allotted in Trust to individual members of the Tribe (Allottees). Uses allowed on land zoned Land Use Contract, Riverside County include uses allowed by the County Zoning Code.

The Land Use Ordinance includes standards for specific plans that are generally consistent with California Government Code requirements. Section 9.12.1 of the Land Use Ordinance, the primary purpose of a Specific Plan is to allow for greater flexibility and provide an opportunity to focus regulations and standards on the goals of a specific geographic area. The Ordinance states that Specific Plans provide a mechanism to tailor unique and desired development standards and implementation measures in a specific area while preserving and enhancing areas of cultural, environmental, and/or economic significance on the Reservation.

Section 10.12.3 of the Land Use Ordinance requires that a specific plan include a text and a diagram or diagrams which address the following aspects of development:
• The distribution, location, and extent of the all proposed land uses within the area covered by the plan;
• The proposed distribution, location, and extent, and intensity of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other utilities and public services proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable; • A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to implement the plan; and • Any other information deemed necessary by the Tribal Council for adequate review and consideration of the proposal.

Tribal Habitat Conservation Plan
The Reservation includes approximately 31,500 acres of land within the Coachella Valley. These lands contain natural resources and habitat that are very integral to the Tribe’s heritage and culture. Any development on the Reservation would be subject to the Tribal Habitat Conservation Plan (THCP), which was approved in August 2010. The THCP appropriately contributes to the conservation of listed and sensitive covered species and the ecosystems upon which they depend. Future development within 12-589

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Tribal lands is required to comply with the provisions of the THCP, including the payment of development mitigation fees.

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 species of wildlife in connection with certain activities undertaken by the Tribe, Tribal 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 US Fish and Wildlife Service (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.

City of Rancho Mirage
The Project Site is located within the Sphere of Influence (SOI) of the City, as approved by the Riverside Local Agency Formation Commission (LAFCo). The Rancho Mirage SOI includes lands adjacent to the City’s borders identified by the Riverside County LAFCo as likely to be serviced or annexed to the City and represents the probable ultimate limits of the City. For this reason, the City addresses the land within the City’s SOI in the City’s General Plan.

The City’s General Plan discusses the coordination of land use planning activities with the Tribe. The General Plan notes there are approximately 2,077 acres of Trust land within the City’s SOI. The City and the Tribe entered into a land use contract in 1998 to specifically address the regulation of land uses for Allotted Trust lands, which were lands allotted in Trust to individual members of the Tribe (Allottees).

Under this agreement, the Tribe retains ultimate authority over Allotted Trust lands. With regard to the City’s SOI, this contract states that while the Tribe does not formally recognize the SOI, the Tribe will participate in joint planning efforts with the City to assure the coordinated development of Tribal land within the City’s SOI. The City’s General Plan identifies areas within the City’s SOI targeted for the preparation of specific plans. The Project Site is identified in the City’s General Plan as an area targeted for the preparation of a specific plan.

The City’s General Plan designates the Project Site for residential and commercial uses. The northwest 40 acres of the Project Site is designated High Density Residential. This designation allows development at a density of 9 dwelling units per acre. The adjacent 80 acres on Ramon Road is designated for Community Commercial uses. This designation allows community and regional retail commercial shopping centers at a floor area ratio (FAR) of up to 0.35. The City’s General Plan designates the remainder of the Project Site as Medium Density Residential. This designation allows development at a 12-590

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density of 4 dwelling units per acre. Development of the Project Site consistent with these designations would include approximately 2,200 dwelling units and 1.2 million square feet of retail commercial development. The 193-acre portion of Section 13 located immediately north of the Project Site and Ramon Road, east of Rattler Road and south of the UPRR was annexed by the City in April 2013. The City land use and zoning designation for this portion of Section 13 is Regional Interstate Commercial. This designation allows a broad and flexible range of commercial and mixed uses within a planned, freeway- oriented business environment. The City’s General Plan requires the preparation and approval of a specific plan for this area prior to development.

The Section 19 Specific Plan, adopted by the City in 2010, addresses approximately 270 acres located east of Bob Hope Drive and north of Dinah Shore Drive, directly east of the Project Site. The Section 19 Specific Plan area borders the existing Agua Caliente Casino Resort Spa facility. The Section 19 Specific Plan established 26 Planning Areas and eight land use categories and allows the development of approximately 3 million square feet of commercial uses and 1,899 residential units. The eight land use designations applied to the 26 Planning Areas include resort flex, retail, mixed use core, regional mixed- use, residential, public facility, open space, and drainage.

Retail uses are planned on Dinah Shore Drive and the southern portion of Bob Hope Drive with resort uses planned north of the retail area on Bob Hope Drive. The mixed use core area is located in the central portion of this specific plan area with residential uses planned on the eastern portion. Regional mixed uses are allowed on the northeast edge of the Section 19 Specific Plan area along the UPRR and I-

10. Riverside County
The Riverside County General Plan is implemented through area plans. The Riverside County Western Coachella Valley Area Plan (Area Plan), updated in 2012, depicts the general planned pattern of the land uses in unincorporated Riverside County. One of the primary goals of the Area Plan is to contain and concentrate growth in several strategic unincorporated areas while preserving the rural and open space characteristics of the outlying areas. The Area Plan recognizes that the Project Site and other nearby unincorporated land located within the City’s SOI have significant development potential and, for this reason, joint planning efforts involving the City and the Tribe are encouraged. The following are policies that have been designated by the Area Plan as critical to sustaining the character of the Western Coachella Valley:

WCVAP 1.1 Form a joint planning effort with the City of Rancho Mirage and the Agua Caliente Band of Cahuilla Indians to address land use planning and environmental review of development projects within the Policy Area. 12-591

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WCVAP 1.2 Coordinate with local agencies to ensure adequate service provision for all development within the Policy Area.

WCVAP 1.3 Encourage property owners within this policy area to develop their properties under a single Specific Plan application covering the entire area.

WCVAP 1.4 Coordinate development strategies with the Thousand Palms Community Council and the Riverside County Economic Development Agency.

WCVAP 1.5 Coordinate development strategies with the cities of Palm Desert and Cathedral City to ensure that development within the Policy Area does not adversely impact these cities.

WCVAP 1.6 Require that development be sensitive to and retain the unique topographical features within and adjacent to the planning area.

WCVAP 1.7 Ensure a mix of land uses that creates a vital, economically and environmentally healthy area that is supportive of transit and other forms of alternative modes of transportation, promotes walkability and civic life, and provides a variety of housing, civic, employment, and open space opportunities throughout the planning area. General land uses may include a mix of:
• Regional and local-serving commercial uses;
• Tourist facilities;
• Residential densities from Medium to High Density Residential; • Active and passive open space areas;
• Mixed use;
• Cultural, educational, and civic uses;
• Transit facilities;
• Employment-intensive office and business park uses; and • Light Industrial uses north of Interstate 10
WCVAP 1.8 Incorporate open space and recreational amenities into the planning area in order to enhance recreational opportunities and community aesthetics. 12-592

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WCVAP 1.9 Apply the City of Rancho Mirage’s adopted standards for median strips along specific roadways as those roadways extend into the City’s Sphere of Influence.

This Area Plan also designates the Project Site for residential and commercial uses. The Area Plan designates the 120 acres of the Project Site on Ramon Road as Commercial Retail and the land on Bob Hope Drive and Dinah Shore Drive as Visitor Serving Commercial. These commercial designations allow development at a FAR of up to 0.35. The Area Plan designates the central portion of the Project Site for Medium Density Residential uses, a designation that allows a density of 2-5 dwelling units per acre.

Development of the Project Site consistent with these designations would include approximately 1,200 dwelling units and 5 million square feet of retail and visitor serving commercial development.

Riverside Local Agency Formation Commission
The Riverside Local Agency Formation Commission (LAFCo) carries out legislative duties defined by State law through the consideration, approval or denial of boundary changes proposed by individuals or local agencies. The LAFCo Commission promotes the use of land resources while providing an orderly growth pattern for the existing and future needs of a community within Riverside County.

The broad mission of the LAFCo is to implement legislative direction and policies embodied in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 in a manner most appropriate to provide orderly growth patterns that reconcile the needs of Riverside County. It establishes the appropriate and logical municipal government structure for the distribution of efficient and appropriate public services. Among the goals for LAFCo is to maximize interagency communication and cooperation between governments. The following are goals set forth in the Riverside LAFCo Policies and Procedures document, drafted in 2004:
• The proposal must be consistent with State law, adopted spheres of influence, applicable general and specific plans, and LAFCo policies.
• Cities are expected to coordinate with adjoining jurisdictions in advance of submittal of any annexation application that includes existing or future regionally significant transportation facilities as identified in adopted regional transportation plans. The purpose of early communication and coordination is to maintain the integrity of the regional transportation system and continuance of any regional funding mechanisms.
• Cities must coordinate all sphere of influence and annexation proposals that include Indian Reservation Lands with the appropriate Tribal Government in advance of application submittal. • All applications for municipal sphere of influence amendments or annexations that include Indian Reservation Lands shall be referred to the appropriate Tribal Government for review and comment 12-593

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prior to hearing by the Commission. The Commission shall consider the existence of a Tribal land use agreement with the subject city an important factor when reviewing such proposals. • The Commission shall not approve any municipal annexation of Indian Reservation Lands without the consent of the Tribal Council.
• The proposal would eliminate islands, corridors and other distortion of existing boundaries.

The SOI as approved by the Riverside County LAFCo defines the probable physical boundaries and service area of a local government agency. A SOI must be adopted before an annexation to the affected city or district can be considered. In 2000, LAFCo was charged with the responsibility to conduct municipal service reviews. A Municipal Service Review (MSR) is a study designed to determine the adequacy of governmental services being provided to the region or sub-region.

Southern California Association of Governments
The Southern California Association of Governments (SCAG) 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 the Southern California Air Quality Management District (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.

SCAG is also responsible for the designated Regional Transportation Plan (RTP) including its Sustainable Communities Strategies (SCS) component pursuant to SB 375. The Sustainable Communities Strategy has been formulated to reduce 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.

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 goals included in the 2012 RTP/SCS may be pertinent to the proposed Project. These goals are meant to provide guidance for considering the Project within the context of regional goals and policies. 12-594

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Coachella Valley Association of Governments
The Coachella Valley Association of Governments (CVAG) is a sub-regional organization within SCAG.

CVAG is made up of nine cities, Riverside County and three Native American Indian tribes, including the Agua Caliente Band of Cahuilla Indians. CVAG represents member 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 is made up of several departments, including an Energy and Environmental 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.

Coachella Valley Conservation Commission
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 Indian reservation lands are not included in the CVMSHCP area, the acreage covered by the plan is about 1.1 million acres. The THCP addresses approximately 31,500 acres of land within the Reservation, as previously discussed.

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 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 Commission overseeing the plan implementation.

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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 determines a project may be deemed to have a significant impact to land use and planning, if it would:

Threshold 5.9-1: Physically divide an established community Threshold 5.9-2: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect Threshold 5.9-3: Conflict with any applicable habitat conservation plan or natural community conservation plan

2. Methodology
The determination of the Project’s consistency with applicable land use plans and policies is based upon a review of the previously identified planning documents that regulate land use or guide land use decisions at and around Project Site. The Project is considered to be consistent with the provisions of the identified regional and local plans if it meets the general intent of the plans and would not preclude the attainment of the primary intent of the land use plan or policy.

3. Project Design Features
The Project consists of a specific plan for approximately 577 acres of the Reservation, located within the City’s SOI designated as Section 24, Township 4 South, Range 5 East of the San Bernardino Meridian. The Section 24 Specific Plan would be approved and adopted by the Tribal Council 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.
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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 Planning Areas would allow for a greater variety and flexibility of land uses and development standards.

The Project Site’s edge condition incorporates additional landscape easements in addition to the Major Arterial right-of-way requirement, as shown in the street sections in Figures 9, 10, and 11 in the Section 24 Specific Plan. The property owner will be responsible for maintaining this easement area as well as the parkway area within the public right-of-way. This buffer will allow adequate space for an 8-foot Class I bicycle path/ sidewalk to permit the shared use of golf carts in addition to pedestrians and cyclists. The golf cart path would connect into the existing golf cart circulation system, which provides Class I paths along the south side of Dinah Shore Drive west of Bob Hope Drive and along the west side of Los Alamos Road. A 5 foot wide on-street Class II bicycle lane will also be provided along Bob Hope Drive and Ramon Road for the exclusive use of cyclists.

The section along Dinah Shore Drive will include four travel lanes bisected by a 16 foot median. An allowance is included for the addition of a third west bound land as needed in the future in order to achieve Major Arterial status. The north side of Dinah Shore Drive incorporates an additional landscape easement. Along the north side of Dinah Shore Drive and each side of “A” street Boulevard, a 5 foot wide on-street Class II bicycle lane will be provided for the exclusive use of cyclists.

The half street section along Los Alamos Road will be a Major Collector. This section will contain two 12- foot travel lanes, and a 6-foot on-street Class II bicycle lane bisected by a 16-foot raised median. The edge of Los Alamos along the Project Site incorporates a 12-foot landscaped parkway with an 8-foot meandering sidewalk and an additional landscaped building setback, in addition to the Major Collector right-of-way requirement. The property owner will be responsible for maintaining this setback area as well as the parkway area within the public right-of-way. 12-597

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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 28 feet in height.

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 structures within this Planning Area is 58 feet. The maximum height allowed for tower elements would be 72 feet.

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.

4. Project Impacts
Physically Divide an Established Community
The Project Site consists of an unincorporated island of land surrounded by the City. The areas to the south and west of the Project Site are developed with the Mission Hills resort community. The 193 acres of undeveloped land located north of the Project Site and Ramon Road is designated for regional commercial uses in the City’s General Plan. The Section 19 Specific Plan area, located to the east of the Project Site and Bob Hope Drive, designates the land along Bob Hope Drive for the retail and resort commercial uses.

The proposed Section 24 Specific Plan would allow development of a mix of residential and commercial uses that would be consistent in terms of intensity with the existing and planned surrounding land uses.

The Section 24 Specific Plan would establish 8 Planning Areas and 7 land use categories to regulate land uses and allow development 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 8 Planning Areas the Specific Plan would create would include: Mixed-Use Core, Resort Flex, Retail, Multi-Family Residential, and Single Family Residential. 12-598

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Active Adult Community
The Active Adult Community would consist of up to 1,200 single family residential units in Planning Area 8 restricted to occupancy by adults aged 55 and above. This portion of the Project Site is currently zoned Specific Plan by the Tribe. As discussed above, the City and the Tribe entered into a land use contract in 1998 to specifically address the regulation of land uses for Allotted Trust lands This contract states that while the Tribe does not formally recognize the SOI, the Tribe will participate in joint planning efforts with the City to assure the coordinated development of Tribal land within the City’s SOI.

As planned, the gated Active Adult Community would consist 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. These neighborhoods would be located across Dinah Shore Drive and Los Alamos Road from existing visitor serving and residential resort uses in the Mission Hills Resort Community.

As previously indicated, the Active Adult Community 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 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 allowed for the clubhouse and other non-residential structures within this Planning Area would be 58 feet. The maximum height allowed for tower elements would be 72 feet.

The proposed residential Active Adult Community would be consistent in use and character with the surrounding use and generally with the pattern of development the City and Riverside County General Plans identify for the Project Site. Development of the Active Adult Community in Planning Area 8 would not result in a conflict with, or divide, any established community. Accordingly, impacts would be less than significant.

Tribal Planning Areas
The Tribal Planning Areas are made up of 7 distinct Planning Areas that are subject to their own list of allowed uses and development standards. The Tribal Planning Areas would accommodate a mix of retail, entertainment, office, hotel and residential land uses. The Section 24 Specific Plan has been developed to be generally consistent with the adopted Rancho Mirage Section 19 Specific Plan in terms of land development criteria as well as planning, building architecture and landscape design quality. The 12-599

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creation of a mixed-use community within Section 24 would allow residents to live within walking and non-motorized vehicle distance from stores, restaurants, recreational areas, and associated cultural/entertainment venues.

As previously discussed, 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 minimum unit size of 850 square feet.

The retail commercial uses in Planning Areas 3 and 7A and the resort commercial uses in Planning Areas 4 and 6A would be compatible in use and character with the existing Agua Caliente Casino Resort Spa and the retail and resort commercial development permitted by the Section 19 Specific Plan on Bob Hope Drive. The Mixed-Use core uses in Planning Area 2A, the resort commercial uses in Planning Area 1A, and the retail commercial uses in Planning Area 3 would also be consistent with the regional commercial uses the City General Plan allows in Section 13 to the north of the Project Site and Ramon Road. The multi-family residential development in Planning Areas 1B, 2B, 5, 6B and 7B would provide a transition in land uses between the higher intensity uses in the Planning Areas on Bob Hope Drive and Ramon Road and the Active Adult Community in Planning Area 8. Development of the proposed commercial and multi-family residential uses in the Tribal Planning Areas would not result in a conflict with, or divide, any established community. Accordingly, impacts would be less than significant.

Conflict with Applicable Land Use Plan, Policy, or Regulation The Project Site is currently under the sovereign authority of the Tribe. As established in the Tribal Land Use Ordinance, the land use designations of the Project Site are comprised of Land Use Contract, Riverside County, Specific Plan, and Tribal Enterprise. For the purpose of providing a uniform basis for zoning, the uses allowed on land zoned Land Use Contract, Riverside County include the uses allowed by the County Zoning Code. Tribal Enterprise land is subject to Tribal Council determination as classified by the Tribe. Specific Plan allows for greater flexibility to focus regulations and standards on a specific geographic area.

The Section 24 Specific Plan would be approved and adopted by the Tribal Council as the zoning for the Project Site. The Tribal Land Use ordinance permits Specific Plans to allow for greater flexibility and provide an opportunity to focus regulations and standards in a specific geographic area. Adoption of the 12-600

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Section 24 Specific Plan would be consistent with the stated intent and purpose of specific plans in the Tribal Land Use Ordinance.

Even though the Project Site is subject to Tribal land use regulations, the consistency of the Project with the City or Riverside County land use plans and policies applicable to the area is provided in Table 5.9-1 through Table 5.9-3. As the Project Site is located within the SOI for Rancho Mirage, the consistency of annexing the Project Site to the City with Riverside County LAFCo policies is also assessed. In addition, because the Tribe participates in regional planning efforts coordinated by CVAG and SCAG, consistency with regional planning policies is also assessed.

City of Rancho Mirage General Plan Analysis
The City employs a single-map system of 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 Zoning Ordinance. As previously discussed, 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 High Density Residential (R-H) and Community Commercial (C-C) uses.

The City’s General Plan describes the Medium Density Residential land use as single-family and Planned Residential Developments (PRD). The intent of this designation is to encourage development of a wide variety of dwelling unit types in a planned environment. The High Density Residential designation allows for smaller single-family attached products and multi-family dwelling. This designation is most suitable for planned communities and affordable and senior housing where smaller units and higher densities may be appropriate.

The City’s General Plan describes the Community Commercial land use as regional or community-scale shopping centers and malls. The centers may be anchored by several department stores or other large- scale anchors as well as a variety of retail outlets, restaurants and entertainment uses. It is intended to serve the entire community as well as the surrounding market area. The maximum FAR for Community Commercial areas is 0.35.

The Project Site is identified as an area within the City’s SOI targeted for regulation through a Specific Plan. The City’s General Plan states that specific plans are intended for larger, more complex projects that integrate a variety of residential and non-residential land uses and that specific plans can also permit uses, development standards, and density/intensity levels beyond those allowed in the City’s Zoning Code. In return, specific plans should demonstrate exceptional design quality and amenities, as well as the phased cost effective extension of infrastructure. As proposed, the Section 24 Specific Plan is 12-601

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consistent with the policies in the City’s General Plan related to the intent and use of specific plans. The Section 24 Specific Plan integrates a variety of residential and non-residential uses and includes infrastructure master plans to support the intensity of uses proposed and master-planned community design standards and features. The Tribe developed the Section 24 Specific Plan though cooperative planning consultation with the City. The Section 24 Specific Plan is consistent with the intent of the City’s General Plan for the planning of this portion of the City’s SOI.

As discussed in Section B.3, Project Design Features, the half-street roadways of the Major Arterial and Collector Roadways abutting the Project Site will be designed consistent with the General Plan designations for Bob Hope Drive, Ramon Road, Dinah Shore Drive, and Los Alamos Road.

Within the Project Site, the half street right-of way for Bob Hope Drive is proposed at a consistent dimension of 65 feet; for Ramon Road this half street right-of way width is proposed at its current 67 feet. The section along Dinah Shore Drive will include four travel lanes bisected by a 16 foot median. An allowance is included for the addition of a third west bound land as needed in the future in order to achieve Major Arterial status. The half street section along Los Alamos Road will be a Major Collector.

This section will contain two 12-foot travel lanes, and a 6-foot on-street Class II bicycle lane bisected by a 16-foot raised median. The edge of Los Alamos along the Project Site incorporates an additional landscaped parkway and building setback in addition to the Major Collector right-of-way requirement.

Therefore, the Project would result in consistent roadway widths and number of lanes as identified in the City’s General Plan Circulation Element.

A detailed analysis of the proposed Project’s consistency with the policies of the various elements of the City’s General plan is provided in Table 5.9-1, City of Rancho Mirage General Plan Analysis. The analysis contained in Table 5.9-1 concludes that the Project would be consistent with the City’s General Plan.

Therefore, implementation of the proposed Project would not result in significant land use impacts due to inconsistency with the City’s General Plan. Accordingly, impacts would be less than significant.

SCAG RTP/SCS Analysis
As previously noted, the 2012 SCAG RTP/SCS is an advisory document to local agencies in the southern California region for their information and voluntary use while preparing local plans and handling local issues of regional significant. Table 5.9-2, SCAG 2012 RTP/SCS Analysis, provides an assessment of the Project’s relationship to advisory and voluntary policies contained in various chapters of the RTP/SCS.

The analysis contained in Table 5.9-2 concludes that the Project would be consistent with the advisory and voluntary RTP/SCS policies. Therefore, implementation of the Project would not result in significant land use impacts due to inconsistency with the advisory and voluntary RTP/SCS policies. Accordingly, impacts would be less than significant.
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LAFCo Analysis
Annexation of the Project Site to the City would be subject to LAFCo approval, which requires consistency with State law as well as relevant LAFCo policies and procedures. Implementation of the Project would not conflict with State law or LAFCo’s Annexation Policies and Procedures.

The Project Site is within the City’s LAFCo approved SOI and the Project would not exceed the anticipated growth within the SOI by the City. The Municipal Service Review Update completed by LAFCo that concludes that the City’s ability to serve the anticipated growth within the SOI would not have any adverse effects on the City, as there would be resources in place to effectively expand facilities and services required.

The Project Site is completely surrounded by the City on all four sides and any future annexation would eliminate an unincorporated island, which would be consistent with State law and LAFCo policies. Table

5.9-3, Riverside County LAFCo Analysis, provides an analysis of the relevant LAFCo policies.

Annexation of the Project Site would not have an adverse impact on other service recipients or agencies providing services to the area and accordingly, the Project is consistent with State law and LAFCo’s plans and policies. Impacts would be less than significant.

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(p
.

II
I
-19
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t
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12 -
6 0
7 5.
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d

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C
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5. 9
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Se
c
t
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n

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p
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c

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y
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.

1 1
1 -20
)
.

Po
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c
y

9 :

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d
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g

p
r
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p
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r
t
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e
s

(
p
.

I
I
I
-21
)
.

ca
p
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c
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t
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s
,

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d

t
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m
a
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s
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.

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e
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Pr
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t

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.

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t
i
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n

5. 1
4 co
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t
a
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r

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s
.

Po
l
i
c
y

5 :

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c
e
s
s

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n
t
s

s
h
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b
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d
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l
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p
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Se
c
t
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n

1 3
an
d

a
n
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f
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Rancho Mirage City CouncilOctober 19, 2023

Rancho Mirage City Council
October 19, 2023