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PC Agenda Packet 2-1-22 2
CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, FEBRUARY 1, 2022 – 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTIONS V. ORAL COMMUNICATIONS Any person wishing to discuss any item not appearing on the agenda may address the Planning Commission via the Zoom session at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless the Planning Commission authorizes additional time. Because the Brown Act does not allow the Planning Commission to take action on items not on the agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for a report and recommendation at a future Planning Commission meeting. THREE OPTIONS FOR PARTICIPATING IN THE MEETING Option 1 – To Participate by email: 1. Send your comments by email to: planning@cityofpalmdesert.org. Emails received by 3:00 p.m. prior to the meeting will be made part of the record and distributed to the Planning Commission. This method is encouraged because it will give the Commissioners the opportunity to reflect upon your input. Emails will not be read aloud. Pursuant to Assembly Bill No. 361, the Planning Commission may be conducted via teleconference/virtual meeting and there will be no in-person public access to the meeting location. AGENDA REGULAR PLANNING COMMISSION MEETING FEBRUARY 1, 2022 2 Option 2 – To Participate and Provide Verbal Comments by Using Your Internet, then click on “Launch Meeting.” 1. Click the link: https://palmdesert.zoom.us/j/84739707419 Option 3 – To Listen and Provide Verbal Comments Using Your Telephone 1. Dial (for higher quality, dial a number based on your current location): Telephone US: +1 669 219 2599 or +1 669 900 9128 or +1 213 338 8477 or +1 602 753 0140 or +1 971 247 1195 or +1 253 215 8782 2. Enter the Webinar ID: 847 3970 7419 followed by #. 3. Indicate that you are a participant by pressing # to continue. 4. You will hear audio of the meeting in progress. Remain on the line if the meeting has not yet started. 5. During the meeting, Press *9 to raise your hand to be added to the queue to provide public comment. When it is your turn, City staff will announce your name or phone number and unmute your line to speak. LIMIT YOUR COMMENTS TO THREE (3) MINUTES Staff reports and documents for agenda items are available for public inspection at the Planning/Land Development Division and on the City’s website: www.cityofpalmdesert.org. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Planning Commission meeting of January 18, 2022. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust two parcels at 865 and 867 Rock River Road (APNs 652-360-008 & 652- 360-009). Case No. PMW 22-0002 (Egan Civil, Inc, Indio, California). Rec: By Minute Motion, approve Case No. PMW 22-0002. AGENDA REGULAR PLANNING COMMISSION MEETING FEBRUARY 1, 2022 3 VII. CONSENT ITEMS HELD OVER VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. REQUEST FOR CONSIDERATION of a recommendation to the City Council for the adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA), and approval of a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City’s General Plan. (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2806, recommending to the City Council to adopt a Notice of Exemption, and approve a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City’s General Plan. B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for the adoption of a Mitigated Negative Declaration in accordance with CEQA, and approval of a Change of Zone to establish a higher residential density (eight (8) units per acre), Tentative Parcel Map 38033, and a Precise Plan to construct 32 single-story condominium units, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. Case Nos. CZ 21- 0001, TPM 38033, and PP 21-0008 (Desert Luxury Apartments, Las Vegas, Nevada, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2807, recommending to the City Council to adopt a Mitigated Negative Declaration, and approve Case Nos. CZ 21-0001, TPM 38033, and PP 21- 0008. AGENDA REGULAR PLANNING COMMISSION MEETING FEBRUARY 1, 2022 4 C. REQUEST FOR CONSIDERATION of a recommendation to the City Council to adopt a Mitigated Negative Declaration in accordance with CEQA, and approval of General Plan Amendment 21-0002 to amend the City’s Housing Element and Safety Element of the General Plan. Case No. GPA 21-0002 (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2804, recommending to the City Council to adopt a Mitigated Negative Declaration, and approve Case No. GPA 21-0002 to amend the City’s Housing Element and Safety Element of the General Plan. XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. CULTURAL ARTS COMMITTEE B. PARKS & RECREATION COMMISSION XIII. REPORTS AND REMARKS XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 27th day of January 2022. Monica O’Reilly Monica O’Reilly, Management Specialist II CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, JANUARY 18, 2022 – 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Chair John Greenwood Vice-Chair Nancy DeLuna Commissioner Ron Gregory Commissioner Lindsay Holt Commissioner Joseph Pradetto Also Present: Craig Hayes, Assistant City Attorney Martín Alvarez, Director of Development Services Eric Ceja, Deputy Director of Development Services/Economic Development Rosie Lua, Principal Planner Jessica Gonzales, Senior Management Analyst Monica O’Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice-Chair Nancy DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTIONS Director of Development Services Martín Alvarez summarized pertinent City Council actions from the meeting of January 13, 2022. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18, 2021 2 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of December 21, 2021. Rec: Approve as presented. Upon a motion by Vice-Chair DeLuna, seconded by Commissioner Holt, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approval of a Precise Plan (PP) and a Conditional Use Permit (CUP) to demolish the former Pizza Hut building and construct a new 7,500-square-foot retail and restaurant building located at 72310 Highway 111. Case No. PP/CUP 20-0002 (Nadel Architects, Inc, Los Angeles, California, Applicant). Note, the staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: www.planning-commission- information-center. Vice-Chair DeLuna disclosed that she works for a company that is involved with a property in the Housing Element; therefore, she recused herself. Ms. Nicole Criste, Terra Nova Planning, the City’s consultant, Palm Desert, California, presented a PowerPoint presentation regarding the Housing Element update. She recommended that the Planning Commission continue this item to February 1, 2022, to allow staff to work with the Department of Housing and Community Development to finalize details of the Housing Element. She also recommended opening the public hearing, taking public testimony, and leaving the public hearing open to the February 1 meeting. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18, 2021 3 Ms. Liliana Figueroa and Mr. Mark Stein, with CPMC Realty, Palm Desert, California, voiced their concern with the designation for affordable housing units on their client’s site. Commissioner Pradetto moved to, by Minute Motion, leaving the public hearing open and continuing Case No. GPA 21-0002 to February 1, 2022. The motion was seconded by Commissioner Gregory and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Section 25.34.060 regarding Timeshare Projects. Case No. ZOA 22-0001 (City of Palm Desert, Palm Desert California, Applicant). Principle Planner Rosie Lua gave a PowerPoint presentation reviewing the staff report in detail and recommended approval to the City Council. At this point, staff and the City Attorney responded to questions asked by the Planning Commission. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair Greenwood declared the public hearing closed. The Planning Commission concurred with the direction that the City is taking regarding timeshare projects. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2805, recommending approval to the City Council for Case No. ZOA 22-0001. The motion was seconded by Vice-Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. CULTURAL ARTS COMMITTEE Commissioner Holt mentioned that she shared the San Pablo Corridor Art Plan and the details for the meeting scheduled on Monday, January 24 at 11:30 a.m. to discuss the plan. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18, 2021 4 B. PARKS & RECREATION COMMISSION Mr. Alvarez stated that the Planning staff presented a concept plan for a park on Gerald Ford Drive and near Interstate 10. Staff hoped that the City would develop the park in two to three years. Chair Greenwood asked for the status of the Portola Avenue interchange. Mr. Alvarez responded that currently, the project is not feasible due to needing additional funding. Staff would discuss funding during the budget process and the City Council. XIII. REPORTS AND REMARKS None XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:19 p.m. JOHN GREENWOOD, CHAIR ATTEST: MARTĺN ALVAREZ, SECRETARY MONICA O’REILLY, RECORDING SECRETARY CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM To: Martín Alvarez, Director of Development Services From: Kevin Swartz, Associate Planner Date: February 1, 2022 Subject: Parcel Map Waiver No. 22-0002 The City Surveyor reviewed the above-referenced Parcel Map Waiver (PMW) for 865 and 867 Rock River Road and found the PMW to be technically correct. PMW 22-0002: Applicant: Egan Civil, Inc. c/o: Benjamin Egan 42945 Madio Street, Suite A Indio, CA 92201 Owner: Richard Uihlein 3325 Heiser Street Hudson, WI 54016 Page 1 of 1 EXHIBIT “A” LEGAL DESCRIPTION Parcel Map Waiver ___________ PARCEL “A” That certain parcel of land located in the City of Palm Desert, County of Riverside, State of California, being all of Lot 8 and all of Lot 9 of Tract No. 25296, as shown by a map on file in Book 378 of Maps, pages 81 through 90 inclusive, Records of said County. SAID MERGED PARCELS ALL TOGETHER CONTAINING: 1.27 Acres, (55,375 Square Feet), more or less. SUBJECT TO all Covenants, Rights, Rights‐of‐Way and Easements of record. Graphically depicted on ‘EXHIBIT “B”’, attached hereto and by this reference made a part hereof. This legal description was prepared by me or under my direction. ______________________________ Benjamin Daniel Egan, PLS 8756 Prepared: January 12, 2022 PARCEL MAP WAIVER 22-0002 ROCKLOT 8TRACT NO. 25296(MB 378/81-90) LOT 9TRACT NO. 25296(MB 378/81-90) A N D R E A S C A N Y O N D R I V E LO T L I N E T O B E D E L E T E D PARCEL "A" LOT "E"(PRIVATE STREET)(P R I V A T E S T R E E T ) 44 ' (55,375± SQ. FT) (1.27± ACRES) (N 8 3 ° 4 7 ' 0 6 " E 2 3 7 . 2 7 ' ) ( N 8 7 ° 1 6 ' 4 1 " W 1 8 1 . 5 4 ' ) (N 0 9 ° 1 8 ' 2 3 " E 2 3 9 . 0 6 ' ) (1 4 0 . 2 1 ' ) (9 8 . 8 5 ' )(N32°55'44"W)( N 6 1 ° 5 1 ' 1 2 " E ) ( 3 7 . 5 6 ' ) (N 7 0 ° 0 7 ' 2 6 " E 1 4 6 . 2 4 ' )(N33°43'06"E)(21.66')(C V W D F L O O D ) (F A C I L I T Y E A S E M E N T ) (EASEMENT) (SEWER) (4 1 . 7 8 ' ) (N 7 5 ° 2 5 ' 0 8 " E ) (4 9 . 9 9 ' ) ( N 7 1 ° 4 9 ' 2 6 " E )(50.40')20 ' (Δ=86°17'40") (R=15.00') (L=22.59') (N00°59'01"W) (20.94') 40'RIVERD R I V E(Δ=52°46'47" R=155.00' L=142.7 9')(L=71.64')(Δ=26°28'49")(Δ=26°17'58")(L=71.15')( N 3 6 ° 1 4 ' 1 1 " E ( R ) ).(N 6 2 ° 4 3 ' 0 0 " E ( R ) ) . LOT "B"LOT "C"EXHIBIT "B" PARCEL MERGER PLAT - CITY OF PALM DESERT PREPARED BY: NO. 8756BENJAMIN D A NIEL EGANPROFESS IONAL L A ND SU RVEYORSTATE OF C A L IFORNIAPMW __-___ SHEET 1 OF 1 () DENOTES RECORD DATA PER TRACT MAP NO. 25296 (MB 378/81-90) APPLICANT: REU HAYWARD,LLC C/O: RICHARD UIHLEIN 3325 HEISER ST HUDSON, WI 54016 BENJAMIN DANIEL EGAN, PLS 8756 DATE SCALE: 1"=50'APPROVED BY: DATECHRISTOPER L. ALBERTS ACTING CITY SURVEYOR PLS NO. 8508 50 25 50 SCALE: 1"=50' 0 MERGER OF LOT 8 & 9 OF TRACT 25296 (MB 378/81-90) JANUARY 12, 2021 22-0002 1/21/2022 STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: February 1, 2022 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration of a recommendation to the City Council for the adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA), and approval of a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City’s General Plan. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2806, recommending the following to the City Council. 1. Adoption of a Notice of Exemption in accordance with CEQA; and 2. Approval of a summary vacation of an unused portion of San Pablo Avenue right-of-way at the southeast corner of Fred Waring Drive and San Pablo Avenue to be in conformance with the City’s General Plan. Discussion The project is located on the southeast corner of San Pablo Avenue and Fred Waring Drive and abuts Santa Rosa Way to the south. The project area is undeveloped and flat. In 2014, the City dedicated a right-of-way along the perimeter of San Pablo Avenue for a future dedicated right-turn lane at the southeast corner of San Pablo Avenue and Fred Waring Drive. In November 2017, the City Council adopted an update to the City’s General Plan to guide the vision and policymaking decisions for the next few decades. As part of that update, the City Council adopted the One Eleven Development Code and subsequently, in June 2018, a comprehensive Zoning Ordinance and Zoning Map to be consistent with the land uses identified in the General Plan. As part of these actions, the City’s dedicated right-of-way and the adjacent five parcels (APNs: 627-101-002, 627-101-017, 627-101-033, 627-101-061, 627-101-062) totaling 1.54 acres were rezoned to Downtown Edge. In late 2018, the City Council authorized staff to negotiate with Chandi Group USA for a mixed-use project located on the City’s dedicated right-of-way and the adjacent five parcels site totaling 1.54 acres. The Disposition and Development Agreement (DDA) is with Chandi February 1, 2022 – Staff Report San Pablo Street Vacation Page 2 of 3 Enterprises, LLC (the “Developer”), a subsidiary of Chandi Group USA. On February 28, 2019, in Closed Session, the Council authorized staff to enter into an Exclusive Negotiating Agreement (ENA) with the Developer (No. C38310, executed March 14, 2019). An amended and restated ENA was executed on December 25, 2019. On May 27, 2021, the City Council adopted Resolution No. 2021-28, approving Case Nos. PP/CUP 20-0003 and TPM 38023 to construct a three-story mixed-use building for the Developer on the City’s dedicated right-of-way and the adjacent five parcels site totaling 1.54 acres. On August 18, 2021, the City of Palm Desert and Chandi Enterprises, LLC, executed the Disposition and Development Agreement (DDA), which supersedes the ENA and became the governing document for the close of escrow. Section 5 (DDA). The requirements of parties: Conditions Precedent to Close of Escrow outlines requirements and conditions to close escrow benefiting the City (5.2) and conditions benefiting the developer (5.3). Prior to the close of escrow, the City will vacate the excess right-of-way for their use and will require that all permits are ready to be issued. The summary vacation must conform to the City’s General Plan, and pursuant to the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 for a “summary vacation,” allows the City Council to summarily vacate the excess right- of-way based on the following: • The area has not been paved and has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance. • The area has been determined to be excess by the City, and there are no other public facilities located within it. • The area is not required for street or highway purposes. • The area does not contain public utility facilities that are in use or would be affected by the vacation. Staff finds that the summary vacation of the excess right-of-way is in conformance because the excess right-of-way does not serve a public benefit and supports General Plan Land Use & Community Character Goal 5, which promotes a variety of mixed-use, urban centers throughout the City that provide opportunities for shopping, recreation, commerce, employment, and arts and culture, specifically Policy 5.2 regarding the development of San Pablo Avenue between Fred Waring Drive and Highway 111. In addition, the summary vacation meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. The area is currently vacant, unpaved, and has not been used for the past five consecutive years for vehicular travel. No public money has been used for its maintenance, and there are no other public facilities located within it. The area is not deemed or required for street or highway February 1, 2022 – Staff Report San Pablo Street Vacation Page 3 of 3 purposes and does not contain public utility facilities that are in use or would be affected by the summary vacation. Additionally, the Public Works Department has determined that the recent reconstruction of San Pablo Avenue, the right-of-way at the southeast corner of San Pablo Avenue and Fred Waring Drive exceeds what is needed for the new roadway configuration. In conjunction with the design of the San Pablo project, the City conducted a traffic study for the ultimate operational needs for the intersection, which includes a dedicated northbound right turn lane. Both phases of the San Pablo Avenue Streetscape Improvements project contributed to modifications of the intersection of San Pablo Avenue and Fred Waring Drive. Today, the intersection represents the final configuration, and no further modifications are needed. Public Notification: Public noticing was conducted for the February 1, 2022, Planning Commission meeting in accordance with the Palm Desert Municipal Code (PDMC) Section 25.60.060. A public hearing notice was published on Friday, January 21, 2022, in The Desert Sun, and staff has not received any comments in opposition or in favor. Environmental Review Staff is recommending that the Planning Commission adopt a Notice of Exemption for the purposes of CEQA since the summary vacation of the excess right-of-way is exempt from the CEQA pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Director of Development Services N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: N/A APPLICANT: City of Palm Desert ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2806 2. Public Hearing Notice 3. Notice of Exemption 4. Project Exhibits PLANNING COMMISSION RESOLUTION NO. 2806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE CITY COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A SUMMARY VACATION OF AN UNUSED PORTION OF SAN PABLO AVENUE RIGHT-OF-WAY AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE TO BE IN CONFORMANCE WITH THE CITY’S GENERAL PLAN. WHEREAS, the San Pablo Avenue Phase improvements (Project Nos. 691-16 and 681-20) reconstructed San Pablo Avenue to its final width; and WHEREAS, the Planning Commission of the City of Palm Desert (“Planning Commission”) is recommending approval to the City Council that the excess public right- of-way exists along San Pablo Avenue at the intersection with Fred Waring Drive (“Excess ROW”); and WHEREAS, the California Streets and Highways Code Division 9, Part 3, Chapter 4, Sections 8330 through 8336 allows the Planning Commission to make recommendations to the City Council to summarily vacate the Excess ROW because it (1) has not been paved, has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. WHEREAS, Section 65402 of the Government Code requires that the Planning Commission review vacation proposals prior to City Council review, in order to confirm the action would be in conformance with the General Plan; and WHEREAS, on February 1, 2022, the Planning Commission held a public hearing, at which time all persons wishing to testify in connection with the said proposal were heard, and the said proposal was fully studied. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. General Plan Conformity. The Planning Commission recommends approval to the City Council and finds that the summary vacation of the Excess ROW is in conformance with the City’s General Plan because the Excess ROW does not serve a PLANNING COMMISSION RESOLUTION NO. 2806 public benefit and is appropriate for summary vacation because the Excess ROW (1) has not been paved, has not been used for the past five consecutive years for vehicular travel, and no public money has been used for its maintenance; (2) has been determined to be excess by the City and there are no other public facilities located within it; (3) is not required for street or highway purposes; and (4) does not contain public utility facilities that are in use or would be affected by the vacation. The summary vacation of the Excess ROW supports General Plan Land Use & Community Character Goal 5, which promotes a variety of mixed-use, urban centers throughout the City that provide opportunities for shopping, recreation, commerce, employment, and arts and culture, specifically Policy 5.2 regarding the development of San Pablo Avenue between Fred Waring Drive and Highway 111. Section 3. CEQA Finding. The Planning Commission hereby recommends that the City Council find that the summary vacation of the Excess ROW is exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. Section 4. Effective Date. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of February 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________ JOHN GREENWOOD, CHAIR ATTEST: __________________________________ MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION CITY OF PALM DESERT LEGAL NOTICE NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY THE CITY OF PALM DESERT FOR A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A SUMMARY VACATION OF AN UNUSED PORTION OF SAN PABLO AVENUE RIGHT-OF-WAY TO BE IN CONFORMANCE WITH THE CITY’S GENERAL PLAN. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has reviewed and considered the proposed project exempt pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. Project Location/ Description: Project Location: Southeast corner of San Pablo Avenue and Fred Waring Drive Project Description: With the recent reconstruction of San Pablo Avenue, the right-of-way at the southeast corner of San Pablo Avenue and Fred Waring Drive exceeds what is needed for the new roadway configuration. Both phases of the San Pablo Avenue Streetscape Improvements project contributed to modifications of the intersection of San Pablo Avenue and Fred Waring Drive. The intersection today represents the final layout; no further modifications are needed. Recommendation: Staff is recommending that the Planning Commission adopt a resolution recommending approval to the City Council of the project request. Public Hearing: The public hearing will be held before the Planning Commission on February 1, 2022, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from January 22, 2022, to February 1, 2022. Public Review: The project application is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Kevin Swartz. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN MARTIN ALVAREZ, January 22, 2022 PLANNING COMMISSION SECRETARY Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 212 Sacramento, CA 95812-3044 Clerk of the Board of Supervisors or County Clerk County of: FROM: City of Palm Desert 1. Project Title: San Pablo Avenue Summary Street Vacation 2. Project Applicant: City of Palm Desert 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): The project is located on the southeast corner of San Pablo Avenue and Fred Waring Drive and abuts Santa Rosa Way to the south. 4. (a) Project Location – City: City of Palm Desert (b) Project Location – County: Riverside County 5. Description of nature, purpose, and beneficiaries of Project: In 2014, the City dedicated a right-of-way along the perimeter of San Pablo Avenue for a future dedicated right-turn lane at the southeast corner of San Pablo Avenue and Fred Waring Drive. The City has determined that the recent reconstruction of San Pablo Avenue, the right-of- way at the southeast corner of San Pablo Avenue and Fred Waring Drive exceeds what is needed for the new roadway configuration Today, the intersection represents the final configuration, and no further modifications are needed. The summary vacation conforms to the City’s General Plan and meets the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Sections 8330 through 8336 criteria referenced above. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public City of Palm Desert Notice of Exemption FORM “B” Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and class number: The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the CEQA, has determined that the proposed project request is categorically exempt under Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. Because of the categorical exemption, no further environmental review is necessary. (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: 9. Reason why project was exempt: 10. Lead Agency Contact Person: Kevin Swartz, Associate Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: Signature:__________________________________ Date:_______________ Title:__________________________ Signed by Lead Agency Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Notice of Exemption FORM “B” Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. MICHAEL BAKER INTERNATIONAL 75410 Gerald Ford Drive, Suite 100 Palm Desert, CA 92211 January 31, 2019 Page 1 of 2 EXHIBIT "A" LEGAL DESCRIPTION FOR SAN PABLO AVENUE PARTIAL VACATION A portion of Lot 1 of Palma Village Groves, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 20, Page 51, of Maps in the office of the County Recorder of said county, and also being those portions of land described in Quitclaim Deed recorded July 21, 2014, as Document No. 2014-0268935, and in "Easement" recorded June 22, 1983, as Instrument No. 124086, both of Official Records of said county, described as follows: BEGINNING at the northeast corner of said land described in Quitclaim Deed per Document No. 2014-0268935, said northeast corner being in the north line of said Lot 1; thence along the easterly line of said land described in Document No. 2014-0268935, the following five (5) courses: South 44°25'49" West 32.95 feet; thence South 2056'13" West 196.45 feet; thence South 0010'04" East 57.30 feet; thence South 45015'06" East 18.70 feet; thence South 0°20'07" East 7.53 feet to a line parallel with and 1.00 foot northerly, measured at right angles, from the south line of said Lot 1; thence leaving said easterly line along said parallel line South 89044'00" West 15.01 feet; thence North 0°16'00" West 0.74 feet; thence North 45'13'49" West 18.88 feet: thence North 0°08'40" West 64.41 feet; thence North 2°57'25" East 202.53 feet; thence North 44°27'17" East 23.80 feet to the north line of said Lot 1; thence along said north line North 89°46'00" East 21.10 feet to the Point of Beginning. EXHIBIT "A" SAN PABLO AVENUE PARTIAL VACATION January 31, 2019 Page 2 of 2 As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof. CONTAINING: 4672 s.f., more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. This description as prepared by me or under m direction. Chris pher E. Albe s , P.L.S. 8508 Date EXHIBIT "B" - MAP SAN PABLO AVENUE PARTIAL VACATION FRED_WARING DRIVE N89°46'00"E c' Q v NORTH LINE LOT 1, R/W PER DOC. A2014-0268935, REC. 0712112014, 0. R. IIAPN 627-101-062 APN 627-101-033 I � N LEI No � w Z w I N w Ln Q o CD z 0 z Q N I N O v I� APN 627-101-061 o 0 1- CD o o `n o 100 o N I0 z 2 3 SOUTH LINE LOT 1, MB 20/51 —� 6 4 SANTA_ ROSA WAY _ N89°44'00°E 0 Ln w J Q U N LINE DATA TABLE NO BEARING/DELTA LENGTH 1 S44°25'49"W 32.95' 2 N45°15'06"W 18.70' 3 N00°20'07"W 7.53' 4 S89'44'00"W 15.01' 5 NOO.16'00"W 0.74' 6 N45'13'49"W 18.88' 7 N44°27'17"E 23.80' 8 N89°46'00"E 21.10' LEGEND INDICATES RIGHT OF WAY TO BE VACATED. AREA = ±4672 S.F. INDICATES CENTERLINE INDICATES LOT LINE — - - — INDICATES RIGHT OF WAY LOT 1 INDICATES RECORD DATA P.O.B. INDICATES POINT OF BEGINNING * LS No. 8508 SHEET 1 OF 1 SHEET 50 25 0 50 100 150 INTERNATIONAL 75410 Gerald Ford Drive, Suite 100 SCALE: 1 "=50' Palm Desert, CA 92211 LOCATED IN POR . OF SEC. 20, T . 5S . , R . K . , S.B.M. phone: 760-346-7481 www.mbakerinti.com STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: February 1, 2022 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration of a recommendation to the City Council for the adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), and approval of a Change of Zone to establish a higher residential density (eight (8) units per acre), Tentative Parcel Map 38033, and a Precise Plan to construct 32 single- story condominium units, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2807, recommending the following to the City Council. 1. Adoption of a Mitigated Negative Declaration in accordance with CEQA; and 2. Approval of Change of Zone 21-0001 to establish a higher residential density from five (5) units per acre to eight (8) units per acre, Tentative Parcel Map 38033, and Precise Plan 21-0008 to construct a 32 single-story unit condominium project, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. Architectural Review Commission Recommendation The Architectural Review Commission (ARC) has reviewed the proposed project at two (2) separate meetings on November 23, 2021, and December 14, 2021. On November 23, 2021, the applicant presented the project to the ARC, which included 16 single-story duplex buildings consisting of a total of 32 units and a single-story clubhouse and pool/spa building located along Gerald Ford Drive. The ARC deemed the new design as very attractive and praised the applicant’s responsiveness to the adjacent neighbors. The ARC continued the project and directed the applicant to explore design options to break up the monotony of the layout regarding the buildings, streets, continuous linear sidewalks, and incorporate design interest. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 2 of 10 On December 14, 2021, the applicant returned to the ARC with updated design plans. The ARC stated that the improvements made to the site plan by staggering the buildings, lengthening every other driveway, meandering the sidewalk throughout the project, and adding additional recess to the windows was much appreciated and added the design interest that they were requesting. The ARC approved the updated project by a 5-0 vote with Commissioner McAuliffe absent, subject to the following: 1. Staff to conduct field verification of roof parapets, and if they are not properly concealed, the applicant will revisit parapet design to ensure edges are properly concealed and parapet edges line up over garages on Style A as discussed, should it be determined they need to be enclosed due to visibility. 2. The applicant shall be mindful of roof color to ensure it is not too reflective. Executive Summary Approval of staff’s recommendation will result in the development, referred to as “Santa Barbara Condominiums,” proceeding to a public hearing before the City Council. The applicant is proposing a Change of Zone (CZ) from the existing zone of Planned Residential (PR-5) of five (5) dwelling units per acre (du/acre) to PR-8, allowing eight (8) du/acre, a Tentative Parcel Map (TPM) for condominium purposes, and a Precise Plan (PP) to construct a 32 single-story unit condominium project and a clubhouse with a pool/spa on 3.91 acres. The development conforms to the City’s General Plan designation of Conventional Suburban Neighborhood, which allows for a maximum density of eight (8) du/acre, and conforms to all development standards for building setbacks, lot coverage, parking, height, and landscaping. The development was subject to the approval of a Mitigated Negative Declaration (MND) for the CEQA review. This review has determined that there will be no significant environmental impacts with the development’s mitigation measures. Additionally, the project has received full support from the residents to the south along Scholar Lane (east and west) along with other property owners within the surrounding area. Background A. Property Description: The development site is an undeveloped 3.91-acre property located at the southwest corner of Gerald Ford Drive and Shepherd Lane, east of the Riverside County Sheriff’s Station. The property consists of sparse desert vegetation including, shrubs and grasses, blow sand, and scattered debris. The topography of the site generally slopes down from the southwest. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 3 of 10 In 2020, Desert Luxury Apartments, LLC (“Applicant”), submitted a project on this site for 48 condominium units and a clubhouse with a pool/spa within 3.91 acres. The project entitlements included a General Plan Amendment (GPA) from “Conventional Suburban Neighborhood (three (3) to eight (8) du/acre)” to “Town Center Neighborhood,” which allows up to 40 du/acre, a CZ from the existing zone of PR-5 of five (5) du/acre to PR-12, allowing 12 du/acre, a TPM for condominium purposes, and a PP application. The non- gated project was designed with one (1) vehicular access driveway along Gerald Ford Drive that allows a right turn in and a right turn out. A total of 17 buildings were located throughout the site, including one (1) single-story clubhouse building, eight (8) single-story duplex buildings, and eight (8) two-story buildings. On May 25, 2021, the ARC recommended approval of the original design, which was later redesigned by the Applicant. On July 13, 2021, the ARC recommended approval of the new design plans, which included the replacement of four (4) two-story buildings along the rear with eight (8) single-story duplex buildings to address the neighbor’s concerns. On September 7, 2021, the Planning Commission denied recommending approval of the project to the City Council after considering a request to increase the density, the height of buildings, and site design. In addition, public comments submitted to the Planning Commission showed that numerous neighbors were opposed to the project’s density and building heights (privacy and views) and expressed the project was not in keeping with the single-family neighborhood design. The Planning Commission stated that the project was too dense, and the site plan lacked design merit to recommend approval of a GPA and CZ. The project was not presented to the City Council as the Applicant chose to withdraw the project application. On November 4, 2021, the Applicant submitted the current application proposing to construct 32 single-story condominium units and a clubhouse with a pool/spa. B. Current Zoning and General Plan Land Use Designation: Zone: Planned Residential–5 dwelling units per acre (PR-5) General Plan: Conventional Suburban Neighborhood–3 to 8 dwelling units per acre (du/acre) C. Adjacent Zoning and Land Use: North: PR-5 - The Gallery residential community South: PR-5 - Single-Family Homes East: PR-5 - Vacant Land West: PR-20 - Future City retention basin February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 4 of 10 Project Description The applicant proposes constructing 32 condominium units and a clubhouse with a pool/spa within 3.91 acres of undeveloped land. A. Site Plan The project includes 16 single-story duplex buildings throughout the site and a single- story clubhouse and pool/spa located along Gerald Ford Drive. The site has three (3) proposed landscaped retention basins throughout the site, including one (1), which will be located adjacent to the clubhouse and pool/spa, and two (2) located along the rear of the property, one in which has turf. The non-gated project is designed with two (2) vehicular access driveways. The Gerald Ford Drive entrance allows a right turn in and a right turn out and the other entrance along Shepherd Lane allows for full ingress and egress. The exterior also includes a meandering eight-foot (8’) sidewalk along Gerald Ford Drive and Shepherd Lane. Interior pedestrian paths are also situated for continuous pedestrian connections throughout the site and landscaping areas. The front and side yard perimeters of the site are enclosed with a five- foot-high combination wall along the property boundaries. The rear of the property (south) includes an existing six-foot-high (6”) block wall. The project requires a CZ from five (5) du/acre (PR-5) to eight (8) du/acre and a MND for environmental purposes. The project density of 32 units complies with the General Plan designation of Conventional Suburban Neighborhood, which has density allowances from three (3) to eight (8) du/acre. In addition, the Tentative Parcel Map (TPM) for condominium purposes (TTM 38033) will be concurrently processed with the entitlement application. B. Architecture The proposed architecture features a contemporary design characterized by geometric building forms, stucco pop-outs and furring, flat rooflines, balcony railings, recessed windows, prominent architectural elements, and warm earth tone colors. Architectural projections, recessing, and breaks in the parapet line are used to alleviate the massing of the building. The single-story duplex buildings are proposed to be 15 feet, six inches (6”) in height, and consist of three (3) bedrooms and two (2) baths at 1,337 square feet in size. Each unit has a two-car garage and the availability of guest parking within the driveways. All buildings include ground-mounted air conditioning (A/C) units, which are screened by walls and landscaping high enough to cover the units. The Applicant has been made aware that exterior building-mounted downspouts are strongly discouraged. Instead, the design should integrate the roof drainage and downspouts into the building architecture. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 5 of 10 The clubhouse will maintain the same architectural style and implement the same design elements. The single-story building is 14 feet, six inches (6”) in height, and consists of a gym/amenity space, leasing office, and restroom. The Applicant is proposing two color schemes (A and B) for the 32 duplex units. The clubhouse is color scheme A. C. Landscape The proposed landscape includes front yards, perimeter roadway frontages, retention areas, and common areas. Shade trees are found throughout the perimeters, along street frontages, and interior paseos of the site. The proposed landscape plan includes low water usage planting materials, including mixes of desert native species for trees and shrubs. Perimeter Roadways: Gerald Ford Drive and Shepherd Lane are the public roadways along the perimeter of the project and are proposed to include a decorative six-foot CMU wall, drought-tolerant 36- inch box Desert Museum trees, 24-inch box Mulga trees, and 18-foot Medjool Date Palms. Also proposed along the perimeter are a mix of low water usage shrubs, including Green Carpet, Deer Grass, Green Cloud, Chihuahuan Sage, Little John, Lydia, Twin-Flowered Agave, and Red Tipped Yucca. DESIGN ELEMENTS PROPOSED EXTERIOR MATERIAL, FINISH, AND COLOR Façade Color Scheme A - Painted smooth stucco (Urban Jungle, Sandbar, and Cocoon Color Scheme B – Painted smooth stucco (Quiver Tan, Softer Tan, and Lanyard) Fascia’s – Peppercorn Garage Doors – Summit Gray Windows and Doors Espresso Anodized Aluminum Roof Concrete Roofing Scheme A – Charcoal Brown Scheme B – Rustic Brown Stone Stone Veneer Eldorado Stone Cut Coarse Stone Seashell Awnings Metal Awnings Lighting LED Wall Sconce – Bronze with Tempered Glass, Satin Black with Etched Glass, Titanium with Tempered Glass Fencing Decorative Block Wall February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 6 of 10 Front Yards, Common Areas and Retentions: Each front yard features a large canopy tree. The common areas and retention basins are planted similarly to the perimeter roadways in that a combination of inert material, shrubs, and trees are used to fill these planting areas. One (1) of the rear retention basins includes turf, and the other includes decomposed granite. Additional trees include a 36-inch box Maverick and Tipu Tree, 24-inch box Feather Bush, Mediterranean Fan Palm, and Yellow Bird of Paradise. Additional accents include 15-gallon Octopus and 5-gallon Little Ollie, Thunder Cloud, Boxwood Beauty, Lantana, and Trailing Indigo Bush. D. Roadway and Right-of-Way Improvements As a part of the development, the Applicant will construct a commercial driveway along Gerald Ford Drive, with an eight-foot (8’) sidewalk along the length of the property fronting Gerald Ford Drive. Analysis Land Use Compatibility: A. General Plan Conformance: In 2016, the City of Palm Desert adopted a General Plan update to guide development in the City for the 2040 horizon year. The land use designation of the property is “Conventional Suburban Neighborhood,” which allows low-intensity residential developments between three (3) and eight (8) du/acre. This designation is intended for single-family houses and small multi-family dwellings. At maximum density, the property would allow up to 32 dwelling units, which is consistent with the number of proposed units for this project. The proposed project is consistent with the Goals and Policies of the General Plan, as demonstrated below: Policy No. 3.21 Infill neighborhoods. In existing developed areas of the city, encourage development that repairs connectivity, adds destinations, and encourages complete neighborhoods. The proposed project supports the expansion of condominium-type housing by providing high-quality residential development that is within a vacant property fronting Gerald Ford Drive and has existing residential to the north and south. The project is designed with internal pedestrian access and provides common area recreational amenities available to all residents. The proposed project includes local streets, pathways, and open spaces intended to allow residents to enjoy not only the project’s amenities but to connect pedestrians to the existing neighborhoods to the west, east, and south, thereby creating a pedestrian, family-oriented atmosphere. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 7 of 10 Goal 3, Policy No. 3.2 Conventional neighborhood design. Discourage the construction of new residential neighborhoods that are characterized by cul- de-sacs, sound walls, long block lengths, and single building and housing types. The existing area to the south contains a long street broken up with multiple cul-de-sacs. The proposed project allows the applicant to construct a different housing product, which includes single-story buildings which is consistent with the neighborhood. Goal 3, Policy 3.3 Variety of types of neighborhoods. Promote a variety of neighborhoods within the City and ensure that neighborhood types are dispersed throughout the City. The project site is surrounded by a mix of vacant land and low-density, single-story residential developments. Staff finds that the proposed project establishes a land-use pattern that is consistent with the existing neighborhood. The project site is surrounded by a mix of vacant land and low- density, single-story residential developments. The residential developments to the north and south of the project are currently designated “Conventional Suburban Neighborhood,” consisting of single-family homes on lots generally in the range of 9,000 square feet. These existing neighborhoods extend from Frank Sinatra Drive to Gerald Ford Drive along the west side of Portola Avenue. The properties to the west and southwest are designated “Town Center Neighborhood.” The City Council recently approved a project for 269 affordable apartments just west of this site, and staff is working with an applicant for the remaining +/- 80 acres to the southwest on a denser residential project with a variety of different housing choices consisting of single-family homes, duplexes, and multi-family. The proposed project provides public benefit by expanding the City’s housing stock by offering a different product type of condominiums to the area and providing for the City’s expanding population in the immediate future. As designed, staff finds that the project does not physically divide an existing community and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. B. Change of Zone: The Applicant is also requesting a CZ to allow for a higher density. The current zone allows for five (5) du/acre, and the proposed 32 condominium units provide a density of eight (8) du/acre. The CZ to eight (8) du/acre will support the proposed development. Directly west of the property is approximately 100 acres that are zoned for 22 du/acre. To the north, south, and east are multiple housing developments zoned for five (5) du/acre. Those developments are multiple tract maps consisting of 16 single-family residential lots ranging from 8,000 to 11,000 square feet. Those developments are designed to attract first-time homebuyers and families. The proposed development provides a housing type that can also attract first-time homebuyer or a retired population who choose to live within an HOA where amenities and property maintenance are included. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 8 of 10 The subject property is zoned PR, which is the City’s most flexible zoning standard for residential development. Essentially, the PR zone allows the developer to propose development standards based on their desired products and compatibility of the surrounding uses, requiring a consultation with City Planning staff and approval of the Commissions. The request for the CZ to a higher density meets the intent of the PR zone by providing a mixture of residential densities in the surrounding area. The building density as designed would not adversely impact any adjacent properties, as shown from the neighboring residents in support of the project. C. Tentative Parcel Map: The TPM 38033 proposes to create a single parcel for condominium purposes, as well as lettered lots for open space, stormwater retention, and streets. The proposed TPM 38033 is consistent with the City of Palm Desert General Plan 2040, and upon analysis, meets the density and development standards of its zoning district. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision because all such improvements will be constructed to be adequate for the proposed project. The environmental assessment has been reviewed for the proposed subdivision, and it will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety or welfare and actually protect and promote the public health, safety and welfare, and the conditions prevent material injury to properties or improvements in the vicinity. D. Precise Plan: The proposed development standards are analyzed for conformance: Height: The PR zone allows for three-story buildings up to a maximum height of 40 feet pursuant to Palm Desert Municipal Code (PDMC) Section 25.10.050(B)(11). The building heights are 15 feet, six (6”) inches in height, which are permitted by the zoning ordinance. Density: The PR zone allows a minimum of four (4) du/ac and a max of 40 du/ac pursuant to PDMC Table 25.10-3. The proposed project is requesting eight (8) du/ac, which is within the threshold of the PR zone allowance. Street Line Setbacks: Pursuant to PDMC Table 25.10-2 the street setback distance for Gerald Ford is 32 feet from the property line. The proposed project has a setback distance of 28 feet from the property line. Section 25.72.030 states that development standards through a precise plan may be modified by the Planning Commission. Staff finds that the reduced front yard setback will not depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety, or general welfare. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 9 of 10 The project setbacks for the sides and rear are below. • Side Yard (west property line) –15 to 20 feet • Side Yard (east property line) – 20 feet • Rear Yard (south property line) – 38 to 39 feet As proposed, the developer is showing adequate setbacks from surrounding roadways and the project perimeter. Parking/Garages: Section 25.46.040 Parking Requirements states condominium projects require 2.5 parking spaces per unit. The 32-unit project will require 80 parking spaces. Below is the parking breakdown: • Each unit has a two-car garage – 64 parking spaces • Parking adjacent to the clubhouse – 8 parking spaces • Each unit has a driveway that can accommodate at least one vehicle – 32 parking spaces Based on a total of 104 on-site parking spaces as referenced above, the project has adequate parking available to accommodate the proposed project. Public Input Public Notification: Public noticing was conducted for the February 1, 2022, Planning Commission meeting in accordance with and the PDMC Section 25.60.060. A public hearing notice was published on Friday, January 21, 2022, in The Desert Sun. Additionally, notices were mailed to all property owners within 300 feet of the project site for a total of 31 hearing notices. Public Comments: Prior to the Applicant resubmitting a new project, staff requested that the Applicant contact the immediate residents along Scholar Lane east and west and residents within the surrounding area. According to the Applicant, their outreach included a door-to-door presentation of the new project and site plan to the neighboring residents. The presentation to the residents included that units changed from two-stories to single story buildings, the proposed density decrease from 48 units to 32 units, and a 38-foot rear yard buffer zone. One of the residents originally opposed to the project, is now in support of this project and assisted by collecting 38 signatures from residents along Scholar Lane east and west and a few from Windflower Court. February 1, 2022 – Staff Report Case Nos. PP 21-0008, TPM 38033, CZ 21-0001, MND Santa Barbara Condos Page 10 of 10 All the written correspondence received are provided to the Planning Commission as an attachment to this staff report. Environmental Review In accordance with the CEQA and the State CEQA Guidelines, an Initial Study has been prepared to analyze the environmental impacts of the project. The City circulated the Notice of Intent to Adopt an Initial Study (IS)/Mitigated Negative Declaration (MND) in The Desert Sun, the newspaper of record on December 22, 2021, for the public review and comment period of no less than 20 days. The comment period closed on January 14, 2022, and the City did not receive any comments. Staff is recommending that the Planning Commission adopt the MND for the purposes of CEQA. Findings of Approval Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2807, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Director of Development Services N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: N/A APPLICANT: Desert Luxury Apartments 2755 S. Nellis Boulevard, Suite 10 Las Vegas, NV 89121 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2807 2. Mitigated Negative Declaration and studies 3. ARC Notice of Action for November 23, 2021 4. ARC Notice of Action for December 14, 2021 5. Public Hearing Notice 6. Public Comments 7. Applicant’s Project Exhibits PLANNING COMMISSION RESOLUTION NO. 2807 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE CITY COUNCIL FOR THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF CHANGE OF ZONE 21-0001 TO ESTABLISH A HIGHER RESIDENTIAL DENSITY (8- UNITS PER ACRE), TENTATIVE PARCEL MAP 38033, AND PRECISE PLAN 21-0008 TO CONSTRUCT 32 SINGLE-STORY CONDOMINIUM UNITS, CLUBHOUSE, AND POOL/SPA ON 3.91 ACRES AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND SHEPHERD LANE CASE NOS: CZ 21-0001, TPM 38033, and PP 21-0008 WHEREAS, Desert Luxury Apartments, LLC, propose to develop 32 condominium units on an undeveloped 3.91-acre site, located on the southwest corner of Gerald Ford Drive and Shepherd Lane east of the Riverside County Sheriff Station with site improvements consisting of one-story condominiums, clubhouse, and pool/spa (“Project”); and WHEREAS, street improvements include the construction of a new commercial driveway along Gerald Ford Drive, and a new eight-foot wide meandering sidewalk along the length of the property fronting Gerald Ford Drive; and WHEREAS, the Project complies with the goals and policies contained in the City’s General Plan that promote a variety of neighborhoods, and promote a mix of housing choice for current and future residents; and WHEREAS, pursuant to section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, City staff reviewed the Project and prepared an Initial Study pursuant to State CEQA Guidelines section 15063 to determine if the Project could have a significant effect on the environment; and WHEREAS, based on the Initial Study, which concluded that the Project would have potentially significant impacts, but that those impacts could be reduced to less than significant levels with the implementation of the proposed mitigation measures, the City determined that a subsequent Mitigated Negative Declaration (“MND”) should be prepared for the Project, and an MND was prepared pursuant to Public Resources Code sections 21064.5 and 21080, subdivision (c), and the State CEQA Guidelines section 15070 et seq; and PLANNING COMMISSION RESOLUTION NO. 2807 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of February 2022, hold a duly noticed public meeting where members of the public were allowed to comment on the Project; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said request: WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the CEQA. As the recommending body for the Project, the Planning Commission has reviewed and considered the information contained in the MND, Initial Study, and administrative record on file with the City and is available for review at 73510 Fred Waring Drive, Palm Desert, California. The Planning Commission recommends that the City Council find that the MND and Initial Study have been completed in compliance with the CEQA (Pub. Res. Code § 21000 et seq: “CEQA”) and the State CEQA Guidelines. SECTION 3. Findings on Environmental Impacts. In the City’s role as the lead agency under CEQA, the Planning Commission finds that the MND and Initial Study dated January 2022 contain a complete and accurate reporting of the environmental impacts associated with the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and City of Palm Desert local CEQA guidelines. All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program. No substantial evidence in the record supporting a fair argument that the Project may result in significant environmental impacts and that any comments received to date regarding the Project have been examined and determined not to modify the conclusions of the MND or the Planning Commission. Furthermore, the MND has not been substantially revised after the public notice of its availability, and recirculation is not required. (State CEQA Guidelines, § 15073.5.) The Planning Commission further finds that the MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment of the Planning Commission. PLANNING COMMISSION RESOLUTION NO. 2807 3 SECTION 4. Findings on the Tentative Parcel Map. In recommending approval of this project, the Planning Commission makes the following findings: Findings necessary to determine a Tentative Parcel Map (TPM) acceptable: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The proposed project of 32 condominium units on 3.91 acres is consistent with the proposed General Plan Designation “Conventional Suburban Neighborhood,” which allows low-intensity residential developments between three (3) and eight (8) du/acre. This designation is intended for single-family houses and small multi- family dwellings. At maximum density, the property would allow up to 32 dwelling units, which is consistent with the number of proposed units for this project. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The Development Services Department, Economic Development, Fire Department, and Public Works Department have reviewed the design and improvements of the proposed subdivision for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan, and minor roadwork along Gerald Ford Drive is needed. All internal project streets that serve TPM 38033 conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The 3.91 acres are physically suitable for the development proposed. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it is reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with the surrounding developments. The current zone allows for five dwelling units per acre (du/acre). The proposed 32 condominium units provide a density of eight (8) du/acre. The property allows for the proposed eight (8) du/acre, subject to a Change of Zone (CZ) to eight (8) du/acre. The parcel is adequate to accommodate the proposed 32 units, all site access (public and private), utilities, and drainage facilities. The parcel size of the proposed subdivision design provides for adequate roadways PLANNING COMMISSION RESOLUTION NO. 2807 4 and infrastructure that allows for the site to be physically suitable for residential development. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. The proposed TPM 38033 is consistent with the City of Palm Desert General Plan 2040, and upon analysis, meets the density and development standards of its zoning district. The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision because all such improvements will be constructed to be adequate for the proposed project. The environmental assessment has been reviewed for the proposed subdivision, and it will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat since the surrounding area has been developed. In addition, the project will pay into the Coachella Valley Multi-Species Habitat Conservation fund for the development of raw land. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety, or welfare and actually protect and promote the public health, safety and welfare, and the conditions prevent material injury to properties or improvements in the vicinity. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 32 condominium units comply with all grading requirements, and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site and have the capacity to accommodate the project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development and all proposed uses as allowed by the zoning ordinances that regulate the project. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The map (TPM 38033) includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. No known public easements traversing the subject site that would be adversely affected by the Project. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large for access through or use of the property. PLANNING COMMISSION RESOLUTION NO. 2807 5 In addition, the applicant is responsible for the maintenance of the retention basins outlined in the conditions of approval. Surrounding perimeter City streets are built out to the General Plan designation. SECTION 5. Adoption of the Mitigated Negative Declaration. The Planning Commission hereby recommends that the City Council approve and adopt the subsequent MND prepared for the Project. SECTION 6. Adoption of the Mitigation Monitoring and Reporting Program. The Planning Commission hereby recommends that the City Council approve and adopt the Mitigation Monitoring and Reporting Program prepared for the Project, which are included in the MND. SECTION 7. Approval. The Planning Commission hereby recommends the City Council approve and adopt the Change of Zone, Tentative Parcel Map, and Precise Plan applications for the Project. SECTION 8. Approval. The Planning Commission hereby recommends the City Council approve and adopt the Project, subject to the Conditions of Approval attached hereto as Exhibit “A.” SECTION 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Martin Alvarez, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 10. Notice of Determination. The Planning Commission recommends that, if the City Council approves the Project, that the City Council direct Staff to file a Notice of Determination with the County of Riverside and the State Clearinghouse within five (5) working days of any Project approval. SECTION 11. Execution of Resolution. The Chairperson of the Planning Commission shall sign this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of Case Nos: CZ 21-0001, TPM 38033, and PP 21-0008. PLANNING COMMISSION RESOLUTION NO. 2807 6 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of February 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIR ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2807 7 EXHIBIT “A” CONDITIONS OF APPROVAL CASE NOS: CZ 21-0001, TPM 38033, and PP 21-0008 PLANNING/LAND DEVELOPMENT DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions. 2. The applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project Approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the Palm Desert Municipal Code (PDMC) and state and federal statutes now in force, or which hereafter may be in force. 4. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 5. The applicant shall commence project construction within two years from the date of final approval unless an extension of time is granted; otherwise, said approval shall become null, void, and of no effect whatsoever. 6. Any proposed modifications to this approval shall require an amendment to the application, which will result in a new public hearing. PLANNING COMMISSION RESOLUTION NO. 2807 8 7. The applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 8. A copy of the herein-listed Conditions of Approval shall be included in the construction documentation package for the project, which shall be continuously maintained on-site during Project construction. 9. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and or clearance from the following agencies: Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 10. Prior to the approval of construction plans by the Development Services Department, access to trash and service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by the applicable waste company and Department of Development Services and shall include a recycling program. 11. The project approval shall be contingent upon the construction of single-story units. 12. All interior and exterior sidewalks shall meander throughout the project. 13. Prior to issuance of a building permit, this project shall be subject to payment of the City’s Public Art fee. The fee will be applied at the time of a building permit issuance and shall remain in the City’s public art fund. 14. Prior to the issuance of any permit, a qualified archeologist shall complete a cultural resources inventory prior to any development activities within the project area. 15. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on-site during ground-disturbing activities. 16. Should human remains be discovered during the construction of the proposed project, the project coordinator would be subject to either the state law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance, all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted according to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will determine the Most Likely Descendant (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. PLANNING COMMISSION RESOLUTION NO. 2807 9 17. Prior to the approval of construction plans by the Development Services Department, the lighting plans shall be submitted in accordance with PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 18. All mitigation measures identified in the CEQA Environmental Assessment and Initial Study shall be incorporated into the planning, design, development, and operation of the project. 19. Prior to the approval of a Building Permit by the Development Services Department, final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the City’s Development Services Department and the Coachella Valley Water District for review and approval. All sheets shall be wet signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of landscape material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a minimum 24-inch box in size. 20. All project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the project site, as well as walkways and the portion of public right-of-way abutting the project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance (such as homeowners’ association, landscape maintenance district, property owner, etc.). 21. Prior to the approval of a Building Permit by the Development Services Department, all exterior rooftop equipment, and all appurtenances thereto, shall be completely screened from public view by parapet walls or roof screens that are architecturally treated to be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view. 22. Prior to the approval of a Building Permit by the Development Services Department, all ground-mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened through the use of landscaping and/or masonry walls. 23. Prior to the approval of a Building Permit by the Development Services Department, the applicant shall comply with the recommendations made by the City’s Architectural Review Commission (ARC), as referenced in the December 14, 2021, Notice of Action. 24. Prior to the approval of a Building Permit by the Development Services Department, the final design of all site walls and monumentation (signage) walls shall be reviewed and approved by the Development Services Department. 25. If the existing bordering southern wall (neighboring properties along Scholar Lane east and west) is damaged in any way during grading or construction, the applicant shall replace or repair all damages to the wall subject to a building permit. PLANNING COMMISSION RESOLUTION NO. 2807 10 Prior to recordation of the Parcel Map and any permits: 26. The parcel map shall be submitted to the Director of Development Services for review and approval. 27. The applicant shall record Parcel Map 38033 within two (2) years of project approval 28. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 29. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the recordation of the parcel map. 30. Pad elevations, as shown on the parcel map, shall be subject to review and modification in accordance with Chapter 27 of the PDMC. 31. The applicant shall submit Covenants, Conditions, and Restrictions (CC&Rs) concurrently with the final map for review and approval. Once approved by the City, the CC&Rs shall be recorded with the County Recorder’s Office. 32. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 shall be paid prior to issuance of any permits associated with this project or the recordation of the parcel map. 33. Drainage fees in accordance with PDMC Section 26.49 and Ordinance number 653 shall be paid prior to the recordation of the parcel map. Prior to the issuance of grading permits, the applicant shall: 34. The applicant shall submit a grading and drainage plan to the Department of Development Services for review and approval by the City Engineer. Any changes to the approved civil plans must be reviewed for approval prior to work commencing. The grading and drainage plan shall include but not be limited to the following elements: A. The City of Palm Desert General Notes and Grading Notes. B. The total area and disturbed area of the project in acres. C. Construction notes and quantities. D. Proposed and existing utilities. E. Cut and fill quantities. F. Landscaping areas. G. Spot elevations. H. Proposed and existing property lines and easements. I. Square footage of building. J. Top of wall and top of footing elevations. K. Top of grate and invert elevations. L. Finish floor and pad elevations. M. Horizontal location of structures. N. Parking lot striping and dimensioned drive aisles. O. Existing grades of adjacent parcels. PLANNING COMMISSION RESOLUTION NO. 2807 11 35. The applicant shall submit any reports or agreements to the City Engineer that are relevant to the project including but not limited to soils reports, hydrology or hydraulic reports, maps, development agreements, Exclusive Negation Agreements (ENA), and a preliminary title report with the first grading submittal. 36. The applicant shall submit a PM10 application to the Land Development Division for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 37. Prior to the issuance of a grading permit, the applicant shall install a PM10 sign with the contact information of the contractor or owner on the project site. 38. The applicant shall submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County’s Recorder Office and a conformed copy shall be provided to the Land Development Division. 39. The applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 40. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 41. This project is proposing to construct improvements in the public right-of-way. The applicant shall obtain an encroachment permit from the Public Works Department prior to commencement of work in the right-of-way. 42. Traffic control plans shall be submitted to the Public Works Department for review and approval prior to the issuance of an encroachment permit. 43. Any damage to an existing street or sidewalk during construction shall be repaired to the satisfaction of the Public Works Inspector and City Engineer at the expense of the developer. 44. The applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of off-site improvements. Improvements shall be in accordance with the Development Agreement. Improvements include but are not limited to: A. The construction of an ADA compliant, eight-foot (8’) meandering sidewalk on Gerald Ford Drive and Shepherd Lane. B. The construction of commercial driveways at the project entrances on Gerald Ford Drive and Shepherd Lane. PLANNING COMMISSION RESOLUTION NO. 2807 12 C. The construction of ADA compliant curb ramps at the entrances of the project on Gerald Ford Drive and Shepherd Lane, and on the corner of Gerald Ford Drive and Shepherd Lane. During the course of the project, the applicant shall: 45. Schedule a Site Inspection through the Permit Center to meet and confer with the Public Works Inspector. 46. Prior to a footing inspection from the Building Department the engineer shall submit a signed and stamped Form Certification to Land Development for review and approval. 47. Submit a Letter of Certification to the Land Development Department prior to scheduling of a Final Inspection. 48. Violation of any of the conditions of approval may be cause for revocation of the grading permit. BUILDING AND SAFETY DIVISION: 49. This project shall comply with the latest adopted edition of the following codes: A. California Building Code and its appendices and standards. B. California Plumbing Code and its appendices and standards. C. California Mechanical Code and its appendices and standards. D. California Electrical Code. E. California Energy Code. F. California Green Building Standards Code G. California Administrative Code. H. California Fire Code and its appendices and standards. 50. Submit an exit plan that labels and clearly shows compliance with all required egress features such as, but not limited to, common path of travel, the required number of exits and separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1 51. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1351. 52. A disabled access overlay of the precise grading plan is required to be submitted to the Building and Safety Division for plan review of the site accessibility requirements as per 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 53. Provide building height and area analysis to determine compliance with CBC Section 503. Justify any area increases to height and area as permitted per CBC Sections 504 and 506. PLANNING COMMISSION RESOLUTION NO. 2807 13 54. Provide a complete set of scaled or fully dimension elevations to determine the number of stories for the proposed project. CBC Section 503 (Definition of a Grade Plan, Story, and Story above grade plane). 55. Provide an area analysis on the first sheet of the plans to justify the allowable floor areas for a mixed occupancy building. The sum of the ratios of the actual area for each occupancy divided by the allowable area for each occupancy must not exceed 1.00. For buildings with firewalls, use the floor area of each separate "building" to justify the area. CBC Section 508.4.2 and 706.1. 56. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11B- 206) 57. Detectable warnings shall be provided where required per CBC 11B-705.1.2.5 and 11B705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Building and Safety Division. 58. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Building and Safety Division. Pools and Spas for public use are required to be accessible. 59. Submit a detailed analysis that labels and clearly shows compliance with CBC Section 1102A.3 for housing accessibility for multistory apartment buildings without elevators. 60. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 61. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 62. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 15.28. Compliance with Ordinance 1351 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1351 or Municipal Code Section 15.28 from the Building and Safety Division counter staff. 63. Please contact the Permit Center Division at (760) 776-6420 regarding the addressing of all buildings and/or suites. PLANNING COMMISSION RESOLUTION NO. 2807 14 FIRE DEPARTMENT: 64. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the Fire Department for review and approval. The water system shall be capable of delivering the required fire flow. Fire hydrant(s) location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2016 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C. 65. Fire Department Access: Prior to building permit issuance, approved vehicle access, either permanent or temporary, shall be provided during construction Ref. CFC 503.1.1, 3310.1, and 503.2.1. 66. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1. 67. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two- family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation. Ref. CRC 313.2. 68. Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. Ref. CFC 505.1 and County of Riverside Office of the Fire Marshal Standard No. 07-01. 69. These Fire conditions are preliminary, and further review will occur upon receipt of construction plans. Additional requirements may be required based upon the adopted codes at the time of submittal. END OF CONDITIONS OF APPROVAL INITIAL STUDY LEAD AGENCY: City of Palm Desert Planning Division 73510 Fred Waring Drive Palm Desert, CA 92260 CONTACT PERSON: Kevin Swartz Associate Planner Ph: 760.346.0611 Direct: 760.776.6485 kswado:@cityofpalmdeserLorg NAME AND ADDRESS OF APPLICANT: Desert Luxury Apartment LLC 2755 S. Nellie Blvd., Suite #10, Las Vegas, NV 89121 LOCATION OF PROJECT: South West comer of Gerald Ford Drive and Shepherd lane, Palm Desert, CA APN: 693-300-003 GENERAL PLAN LAND USE DESIGNATION: Conventional Suburban Neighborhood CURRENTZONING: PR-5 PROPOSED ZONING: PR-8 January 2022 MITIGATED NEGATIVE DECLARATION/ INITIAL STUDY CHECKLIST Table of Contents Project Assessment Executive Summary Environmental Cheri I. Aesthetics II. Agriculture and Forestry Resources III. Air Quality IV. Biological Resources V. Cultural Resources VI. Energy Vil. Geology and Buis Vill. Greenhouse Gas Emissions IX. Hazards and Hazardous MaMlals X. Hydrologyand Waler Guallty XI. land Use and Manning XII. Mineral Resources XIII. Noise XIV. Population and Housing W. Public Services XVI. Recreation XVII. Trensportstionifrafic XVIII. Tribal Cultural Resources XIX. Utilities am Service Systems XX. Wildfire XXI. Mandatory Findings of Signif¢ence Preparers and Persons Consulted Santa clr, m Palm caw label Baby mnum mks JanuaryM22 List M Figures Figure 1: Pmjecl Viuniry Map Figure 2: Pmjecl Aeral Site Map Figure 3: Zoning Map Figure 4: General Plan Land Use Map Figure 5: Site Plan APPENDICES APPENDIXA BIOLGGICALASSESSMENT APPENDI%B: CULTURALRESOURCES STUDY APPENDIX C: TRAFFIC STUDY lol®I B,ryr, md,mnlu Pmjw PAaE3 Cly ek lm Mt] INITIAL STUDY Section 1. Project Assessment A. Project Description: Desed Luxury Apararent LLC (the'Applicant) proposes the construction of a 32unit condominium projed on a 4-acre paresl located at the southwest comer of Gerald Ford Drive and Shepherd Lane ('Proposed Project'). The Proposed Pmjed consists of 16 duplex buildings featuring two different elevation styles with varying color palettes. The Proposed Project requests a change of the existing zoning from Planned Residential 5 units per acre FRS) to Planned Residential 8 units per acre (PR- 8). The Gsnsrel Plan Land Use Designation is Conventional Suburban Neighborhood. The Proposed Project Includes Me following additional saneness: a pool house accessory simcMre, amenity spare, leasing eRcs, a swimming pool and spa, putting green, community landscape areas, and 8 guest parking spaces. The Proposed Project covers 40%of the lot and is 16 feet in height with a maximum of one story. The project proposes two entrances Into Me site. One entrance will be off of Genad Ford Drive to Me north of the site, while Me second enhance will be of of Shepherd Lane to the east. The neighboring lots to Me norm and south are existing single-family housing and M Me east and west are vacant propeNes. B. Dasuiltion of the Project Sib: The Project Site totals approninately4 acres in area and is located at Me southwest comer of Gerald Ford Drive and Shepherd Lane (See Figure 1). There is an existing single-family residential neighboMood to the north across Gerald Ford Drive and another single-family mincemeat neighborhood directly south abutting the Project she. To the east across Shepherd Lane is undeveloped vacant land as well as M Me west of Me pmjsd site (See Figure 2). As shown In Figures 3 and 4, Zoning and General Plan Land Use Designations, the Foxed site is zoned PR-5 and the land use designation is Conventional Suburban Neighborhood. The Proposed Project is requesting a zone change from PRS to PRS. lop®I Inrtw, mw�rorl PmW PAaE4 cry of Rainryown aa0 4a 4a0 ado ado 4a0 4a0 69 ado d40.'' —OJB=035 �,."'OJ4 _'033 •.�032.'.-'' 031 028 —02]ddo 030-009-w 028T.028025 026 024"" 694- 694- . 300- • • 300- { 003 .. 1104 AE 1 64 694- 2ntn2)- 694'i 6 69 .. 694 694 , 694- 2II- 2122 2 2 2111 911 - 2t2- 006 005 04 003 009 Doe 002 001008 Pal m'�De ert 694- � .6Oil •� fig 694.64] 6P9 694-212- 6209141� { -- 62012 - 620r911410- 620911015-- i620911416 69410 21 21 211- - 260911413 009 2t2 3 01 009 0 • ` • 694 . � 89 69 8941 894 894 694 fi94 } • ! ! 9 • z11 1 z11 z11-. 211 z11-. 01)' 018 018 019 �020 021 022 T 021 024 ® FigUM 2: PMIOCt SRO Map ELEVATED C OpG .Goo f z In X o o RDI INYU �OAEEFFE— Rc1 ziP 4~ III CVERMERE WAY MONDRIR -- Pi P.C. TESLA_DR GERA --D-FORD=DR`------ .1 P.R.-5 P.R.5 VI O K P•S6HOL•AR- LNW i---SCHOLAR 0. w LNE I y V P.R.-20 DWINDUQW127T P.R.-18 LOU p P.R:20 O a C --J"t E CN--•- 6OLLEGE-DR•- ® Figure 3: Zoning Map ELEVATED ;�1 +00 go 1111111� m orfir* 00 m�11V' IIIIIIIIIit'j'k\1111I11111[1it �� 111111 11111111 ►A I11111 I111111I1111111 LL 1 11111111 E" ® Figure 5: Project Site Plan Santa Barbara Condominiums Palm Desert ELEVATE 0 C. Surrounding Land Uses: North Existing single-family residential across Gerald Ford Drive East: Vacant land across Shepherd Lane South: Existing single-family residential weac Vacant land imiswewmmmi, emJW PAW 10 cilraf �Mn D. Have any of the following studies been submitted? ❑ Geology Report ❑ Native Vegetation Preservation Man ❑ Lima Sight Exhibits D GeohMnlcal Report ❑ Solid Waste GeneMlon Report ❑ Visual Analysis ❑ Hydrology Report ❑ Public Seviceal infrastructure Report ❑ Slope Map ® Traffic Study ❑ Historical Report ❑ Fiscal Impact Analysis ❑ Nolse Study M Archaeological Report ❑ Air Quality Report ® &eiogicalSWtly ❑ Paleontological Study ❑ Hazardous Materlalawlasto Intel Swtly f mmmFlu Pwaz PanErr cllye Pam IDt3 INITIAL STUDY Section 2. Executive Summary The Environmental fedora Necked below voted be ry fairy afledea by Np PrChet involving al leas) one impa t min is a°PaemlalN sgnfiram hose as indication by No colckhm on bear mummre pages. ❑ A hatics ❑ Graeohouw Gas Emissions ❑ Public Services ❑ Agriculture anE Forestry Rwourws ❑ Hawrtls B Hawrtl Me dals O Recreation ❑Air Quality ❑ Hydrology i Water Qualty ❑ TronsPortatloMraRlc ® Biological Rwouroes ❑Land Use/Planning M Tribal Cultural Rwour M Cultural Rwourcas ❑ Mineral Rawurwe ❑UIIIMMe IServica Syabme ❑ Energy ❑ Noiw ❑ WlttlPoe ❑ Geology/ Solis ❑ Population/Mowing MMuq q FlntllrMs of SlgnMcanw DUERMINATION No be Completed by LwB Agency) On the basis of this III evaluation: Mprroene. Proposed Present COULD Guinness a snnicant ahead on the.nviroman n.nt, and a NEGATME DECUUMN non the Ppnee Project ug. m ..ule lows a.nlncant on the then ath pn will nb. a.nlfficad In this that se Meaun monsmns on the Pr[}[t new Men made M or agreed W by the Project worvmm. A MITIGATED NEGATIVE DIECI�URATIOIJ will as prepared 01find the Processed Project MAY nths a.lenmcaunt cd on tl..nrironm.m, and an ENVIRONMENTAL IMPACT REPORT I. 01 red the pnpwed Proles MAY ham e'poMMMlbslgn MImWQ or'poMMMIb slgmMald unseat mul9 "InMaut on the Instrument but M lust one NNa 1) has Man adequatelyanalysedm norms downward lisawam ta�my 11 1a:M e 1 . edM 1 pawn nmM as n Russ �r.lym only the nor Note mma mM WeneaM. 0 1 find No although turn PPmpoe.d PrM.m road neon. slgmmM am the environment nbecause At regardless stanMcnt cM lei morlam, nalysed.emual.ly In an dealer OR or NEGATTIVtE DECURATNRr pursuant W appscabje al.mads, and Ibl hove both rvolbt ar uNptlad pwuant to that w V 1*r OR or N EGATNE DEC W UTIONp Including nNabne or nauguin OR anne that as Impend upan the Promo d Project, noun fuWw b nWIrad PLANTED NAME SIGNATURE Irdnl SWdyaa ndonatu Press PAW 12 CltyaaPauery2nt3 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is real for all answers except "No ImpacC answers that are adequately supported by the information scandal a lead agency class in Me parentheses following each questlan. A'No Impal answer is adequately supported lt the referencel it Anna ion sources show that the Impact simply, does rot apply to Projects like the me involved sip. the Project falls cutside a fault rupture acne). A'No Impact" answer should be explained Arms i'e based on Project-spedficfacers as well as general standards (e.g., the Project will not a me aersHtro receptors to polluUMq based on a Projectri peclllc screening an iysla). 2) All answers must take account of the whole action involved inducting off -site as well as onsite, cumulative as well as Proje rdleva 1, irsiret as well as direct. and penetration as well as operational impacts. 3) once the lead agency has determined that a ro icmar phvsiral impact may occur. men the checklist answers must indicate whether the Impact is potentially significant less that significant with mitigation, less than significant . "Potentially Significant Impact Is appropriate if there is substantial evidence thaten aged may he significant If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR Is required. C) 'Negative Declaration: Less Than Significant With Mitigation IncoROMa]' applies where the corporation M a mXMtion measure has reduced an effect them'PdeMWIy Significant Impact to "Less Than Significant Impact" The lead agency must describe the mitigation maeaures, and Magy explain how they reduce the effect to a leas than significant anal (mitigation measures from "Eerier Analysis; as described in (5) balsa, may be cows referenced). 5) Peter malyus must be must where, pursuant to Me taring, program EIR, or other CEOA press, an eHed has been adequately analyzed in an eadom EIR, or naative declaration. Section 15063 (c)(3)(D). In this cane, a Met t ierma n should identify the happe irg: a) Earlier Analysis Used. Identify and state Arms they are availathe for review. b) Impacts Adequately Addressed. Identilywhich effetsfrom the above crackled werewthin the scope t and adequately analyzed in an earler document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the eager analysis. in Mitigation Measures. For effects that are "Lase Then Significant With Mitigat'sn Measures Immmporated;deacrbe the mitigation measures which were incorporated or refined from the earfsr document and the extent o which may address site specific condition for Me Project 6) lead agercM are encouraged to Incorporate into the checklist me ennes to information s arces for potential Impacts (e.g., general plans, zoning ordinanme). Reference to a pravlousy prepared or outside document should, where appropriate, Include a nefereom to the page or pages where Me statement is subtantited T) Supporting Information Sources: A sources list Mark! he attached, and other sources used or Individuals contended should be cited in the discussion. 8) This is only a suggested fame, ant lead agencies am free to use different formats; however, had agencies Mould normally a ki ess the Maxicare; horn this checklist Mt are relevant to a Pmject's environmental agenda in whichever format is selected. 9) The explanation of eeM issue should itlentify: a) The significance antes or threshold, If any, used to evaluate each question; and of The mitigation measure itlentified, if any, to reduce the impact to less than significance. pursi Bwbw8 smmmmls Pmax PAW13 ply aa�=n zok INITIAL STUDY Environmental Checklist and Impact Analysis This Section of the Initial study contains an assessment and discussion of smock, associated with the environmental Issues and sudject areas identibarl In the Initlal GWtly Checklist (Appendix G to the Share CEQA Guidelines, (QQR. True 14, Chapter 3,15030-15I87), as amended on January 1, 2010. I. Aesthetics Less Than significant Potentially with less Than Significant instance Significant Impact IncaporaNtl Impact No Impact Except as provided in Public Resources card Section 210gg weurl the Product: a. Have a substantial adverse effect on a Scenic ❑ ❑ ❑ vista? Ir. Substantially damage scenic resources, including, ❑ ❑ ❑ but not limited to. "as, rock outcroppings, and historic buildings within a state scenic highway? c. In nonurbamoul areas. Substantially degrade the ❑ ❑ ❑ existing visual character or quality of public views of the site and its surroundings? (Public views am those that am experienced from a publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with on applicable zing and other regulations governing scenic quality? d. Create a new Source of substantial light or glare ❑ ❑ 0 ❑ which would adversely affect day or niehtime views in the area? a) Have a substantial adverse effect on a scenic vista? No Impact. The Project site Is located at the southwest comer of Gerold Ford Drive and Shepherd Lana on a vaWnt 4-acre parcel. According to the City of Palm Desert General Plan, pmjects shall minimigo the impact on views by humbling new billboards along the City's mads and highways. The Proposed Project is the construction of a 32-unit condominium development, with a maximum height 15'-5", which is well below the allowable height of 40 feet in the PR-8 zons. The Project tices not include any electronic nor animated billboards. Therefore, the Proposed Project would have no impact on a scenic vista. rem, em grew, Candonsinurn Project PAW 14 Cry fFarn wed b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, or other locally recognized desirable aesthetic natural feature within a state scenic highway? No Impact. According to the City of Palm Desert General Plan, the Project site does not occur wilhin a state scenic highway. The Project site does not include any rock outcropping, mass, or historic buildings. Therefore, there will be no impact on scenic resources. of In non -urbanized areas, substantially degrade the existing visual cluncter or quality of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? No Impart. There are no publicly accessible vantage points near the Projects she. Therefore, this Proposal Project will net obstmct existing public views or visual chauctadquality of Me site and its surroundings. The Project's site is zoned PR-5 and requests to change it to PR-8. The Proposed Project is homogeneous with the existing residential neighborhoods Interet near the Project's site. The Proposed Pmjact will not have impact on the she's existing scanic quality and would be consistent with the City's Zoning and General Plan land use designation. of Create aclew source of substantial light or glare which would adversely affect daytime or nighttime views In the area? Less Than Significant Impact. The Project Site is undeveloped vacant land. Devebpment of the Proposed Project involves lighting areas that will be utilized during the night such as the interior of buildings and shielded lighting In parking areas for security purposes. Future development will not significantly change Me existing lighting environment of this urban area. The Proposed Projects Introduction of new light sources requires the applicant to submit phoMmetdc lighting plans demonstrating that proposed illumination will be maintained on Me Projects she and minimizes potential light glare beyond the property lines. The Project is required to comply with the lighting requirements provided in Me Palm Owed Municipal Code for fixture height and design standards. Exterior lighting standards and futures must be located and designed to minimize direct glace beyond Me site boundaries. Lighting futures shall have culoff fixtures to contain light spread within Me she boundaries. Compliance with the Palm Desert Municipal Code will reduce the impacts from lighting to a less Man significant level. rav,Bvtm,. wd,rarl Pmjw Pagers city bre„uanmxt II. Agriculture and Forestry Resources Leas Then Significant Forma lly with Leas Then Significant Signa flan Significant No Impact Incorporated Impact Impact Would Me Project: a. Coned Prime Farmlantl, Unique Farmland, or ❑ ❑ ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b. Conflict with existing zoning for agricultural use, or ❑ ❑ ❑ a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning ❑ ❑ ❑ of, forest land (as defined In Public Resources Code section 12220(g)). timberland (as defined by Public Resources Code section 0526), o timbedand zoned! Timberland Production (as defined by Government Code section 51104(gh? at Result in the loss of forest land or conversion of ❑ ❑ ❑ SO forest land to non -forest use? e. Involve other changes in the existing envirenment ❑ ❑ ❑ which, due to their location or nature, could result in on of Farmland, to nonagricultural use or conversion of forest land to noniorest use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? No Impact. According to the California Resource Agency the Project site Is not located on farmland nor is Me Project within vicinity of prime farmland or unique farmland The Pmjecl site is zoned! as Planned prudential District (PR-5) and is surrounded by single-family residential developments. According to the City of Palm Desert General Plan, Me Pmject Site is not located within a Sensitive Agricultural Area. Therefore, Me Pmjecl will not impact Prime Farmhand, Unique Farmland, or Farmland of Statewide Importance. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The Project Site Is zoned PRr with a General Plan land use designation Is Conventional Suburban Neighborhood. The Project Site Is not zoned for agricultural production, and there is no farmland at Me Project Site. In addition, ne Williamson Act Contracts are in effect for Me Project Site. Therefore, no impact would occur. rare mne,a oamam ,a CE Prow PA16 chafFammoadff zoat c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production has defined by Government Code section 51111 No Impact. The Project Site is zoned PR-5 with a General Plan land use resignation is Conventional Suburban Neighborhood The ProjectSite is not zomtl as forest land ortimberleM, and there is no timberland production at the Pmject Site. Therefore, no impact would occur. d) Result in the loss of forest land or comersfon of forest land to non -forest use? No Impact. No forested lands exist on or In Me vicinity of the Project Site. The Proposed Project will not result In Me loss of forest land or conversion of forest land to non -forest use. Therefore, no impact would occur. a) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non -forest use? No Impact. Neither Me Project Site, nor nearby properties, are currently utilized for agricultural orforestlyuses. As discussed above, the Project Site is not classified in any"Farmland"category designated byte State of California. The Proposed Project will not result In Me loss of forest land or mnverslon of forest land to non -forest use. Therefore, no impact would occur. rvimi md,m.n„ Pmly PAW17 cue vini Dw t III. Air Quality Leas Than Significant PobMMly Mis Iwu Than Significant Mitigation SIgnXIcmM1 Impact Incorporated Impact No West Would the Project: a. conflict with or obstruct implementation of Me ❑ ❑ ® ❑ applicable air quality plan? b. Result in a cumulatively considerable net increase ❑ of any cMaria pollutant for which Me Projectregion is nattainment under an applicable federal or state ambient air quality standard c. Expose sensitive receptors to substantial pollutant ❑ concentrations? d. Result in other emissions (such as those leading to p Were) adversely affecting a substantial number of people? a) Conflid with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The Project Is located In to Coachella Valley region within the Bases Sea Air Basin ISSAS), under the jurisdiction of to South Coast At Quality Management District (SCAQMD). Air quality in Me SSAB Is influenced by the regional climate as well as the MmperaWre, wind, humidity, preupitation, and amount of sunshine. The Coachella Valley is an avid desed region with a climate characterized by low annual precipitation, low humidity, botdays, and vary cool nights. Wind direction and speed (which in arm affect atmospheric stability) are the most important climate elements afecting local ambient air quality. Desert regions ere typically windy because minimal friction is generated Between the moving air and the low, sparse vegetation. This allows the wind to maintain its speed crossing the desert plains. Additionally, the rapid daytime heating of the air closest to the Wheat surface leads to convective activity and the exchange of surface air for upper air, which accelerates sulfate winds during the warm part of the day. The Project is subje tto the provisions of the 2016 South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan, which describes the Dlshid5 plan to achieve Federal and State air quality standards set form in Federal and State Clean Air Acts. In addition, the Protect Is subject to the rules and regulations imposed by the SCAQMD, Including Rule 403- 1 which governs fugitive dust emissions from Project construction within Me Coachella Valley. The Proposed Pmject would be consistent with Me goals and policies of the AQMP, which calls for prudent measures that limit the emissions of air pollutants. Therefore, impacts would be less than significant. Saw Barren, mm,,mu Pmjw FLEE 18 oirrameni b) Result in a cumulatively considerable net Increase of any criteria pollutant for which the air basin is nonattainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. An impact is potentially significant ff concentration of emissions coeds the State or Federal Ambient Air Quality Standards. The two primary pollutants of concern in the Coachella Valley including the City of Palm Dosed are of (M) and particulate matter (PM10 and PM2.5). The Protect Site is located within the Salton Sea Air Basin, which has been designated by the California Air Resources Board as a nonatlainment area for ozone (8- hour standard) and PM10. Violations of the air quality standards for ozone are impacted by pollutant transport from the South Coast Air Basin. Ozone (03) is described in the AQMP as being formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the mosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent colorless, toxic gas, and a common component of photochemical smog. Although also produced w8hin to Coachella Valley, most ozone pollutants affecting the Valley are transported by coastal air mass from the Los Angeles and Wverside/San Bernardino air basins, thereby contributing to occasionally high local ozone concentrations. Particulate Matter (PM10 and PM2.5) is described in the AOMP as consisting of fine suspended paNcies of ten microns or smaller in diameter, and are the byproducts of road dust, send, diesel soot, windstorms, and the abrasion of fires and brakes. The elderly, children and adults with pre- existing respiratory or cardlovascular disease are most susceptible to to effects of Particulate Mader. The SCAOMD has established significance thresholds for specific pollutants on individual projects. Project effects would be considered significant if the emissions exceed these thresholds. Project effects mind also be considered potential significant if emissions affected swerve receptors such as schools or nursing homes, or If the project conflicted with the regional AQMP andlor local air quality plans. Operational emissions for fully buirout land use development fall into three m agones: (1) area sources, (2) energy use, and (3) motor vehicle use. The sources of the operational emissions assodated with the pmject include on -mad mobile vehicle traffic generated by the land us architectural mating aclivNes; landscaping equipment use of consumer products, parking lot degreasers, fertilizerslpesticides, and cleaning supplies; natural gas usage in the buildings; electricity usage in the buildings; electricity usage from lighting in parting lots and lighting; water usage per land use; and mid waste disposal per land use. Moreover, none of the projected daily emissions of the six criteria pollutants are expected to exceed the SCAQMD thresholds of significance associated with long-term operational impacts. Based upon the protected emissions of the comma air pollutants, the proposed project would have less tan significant Impacts relative to short term and long -tens impacts to air quality. im®i soemr• o„mmom PmJW PAGE 19 cry (thin i c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact The Coachella Valley is designated by the California At Resources Board as nonattainment for omne, based on exile dams of both the state 1-hour and 8-hour standards: and for PM10, based on expeedances of the state 24-hour and annual average standards. Adherence to the SCAOMD rules and regulations and compliance with lowly adopted AQMP and PM10 State Implementation Plan control measures will help reduce the pollutant burden contributed by the individual development prated. Appropriate air quality measures are required by the City of Palm Desert and implemented through enforcement of the Palm Desert Municipal Code (Title 24, Chapter 12) consistent with SCAOMD Rules 403 and 403.1. As mentioned, relative to PM10 threshold exceedance, construction associated who a future project will be required to adhere to to Citys Fugitve Dust and Erosion Control policies and ordinance to minimize potential temporery construction related emissions. An approved Fugitive Dust (PM10) Control Plan will be required poor to issuance of a goading permit. Implementation of the Fugitive Dust Control Plan is required to occur under Me supervision of an individual with bathing on Dust Control in the Coachella Valley (Rule 403 and 403.1). The plan will include methods to prevent sediment track -out onto public roads, prevent visible dust emissions from exceeding a 20-percent opacity, and prevent visible dust emissions from extending more than 100 feet (veNplly or horizontally from the origin of a source) or crossing any property line. The most widely used measures include proper construction phasing, proper malntenanoeldeaning of construction equipment, soil stabilization, installation of track -out prevention devices, and wind fencing. Project -related short-term construction and brig -term operational emissions are not expected ta exceed the SCAOMD mass daily regional significance thresholds. The fad that the project's emissions would not exceed applicable SCAOMD thresholds Indicates the project Impacts In these regards would be less than significant on an individual basis, and under SCAOMD significance criteria, would not be cumulatively considerable. Further CECA Guidelines Section 15084(h)(3) stipulates Mat for an impact involving a resource that is addressed by an approved plan or mitigation program, Me lead agency may determine Mat a projects incremental contribution is not cumulatively considerable if the project complies with the adopted plan or program. In addressing cumulative effects for air quality, to AQMP is the appropriate document to use bemuse it sets form a comprehensive program Mat will lead the Basin, including the project area, into compliance with all federal and State air quality standards. As previously discussed, the project is consistent with the AQMP. Therefore, the residential projed is not expected to result in a cumulatively conscionable net increase of NOx and ROG emissions during construction activities. Less than signfiwnt impacts are anticipated. tort, „rxv, o„mmm„ Pmjl sxoem city �^uenmxt d) Result in other emissions (such as those Watling to odor) adversely affecting a substantial number of people? Less Than Significant Impact The proposed project is not expected to generate objectionable odors at project build out The proposed project has the potential to result in short mind odors associated with asphalt paving and heavy equipment; however, any such odors would be quickly dispersed below detestable levels as distance from the construction site Increases. Therefore, Impacts from objectionable otlam are expected to be less than significant ir,i idi onmmmuar�lW PAW21 city Rwin Diom IV. Biological Resources Use Than Significant Potentially with less Than Stimulant Inflation Slgnlbeant Impact IrcuumorNtl Impact NOS Would the Project: a. Have a Substantial adverse effect either directly or ❑ ® ❑ ❑ through habitat modifications, on any Species identifM a5 a candidate, sensitive, or Special status species in local or regional plans, polities, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? to Have a substantial solvents etieart on any riparian ❑ ❑ ® ❑ habitat oro other sensitive natural community identified in local o regional plans,polities, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife service? c. Have a substantial adverse West on state or ❑ ❑ ❑ federally protected wetlands (including, but not limited par marsh, vernal pool, coastal, eb.f through direct removal, filling, hydrological intenuPfiOn, or Olhermeans? d. Intention 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? e. Conflict with any local Policies or ordinances D D D protecting biological meanness, such as a tree Preservation policy or ordinance? f. Conflict with the provisions a an adopted Habitat D ® D ❑ conservation Plan, Natural Community Conservation Plan, or Other approved local, regional, Or slate habitat conservation plan? BarbaraSanta oi oobon,um Project Pnoaa clrym From Down label Bibby January== Mitigation Measures Selling: The information and analysis containetl in this section is based upon a Reconnaissance - level Biological Assessment of Me project she, conducted on March 25, 2021 (Elevated Entitlements, 2021). A may of the Biological Report is included as an attachment in Appendix A. Other sources of information Met were utilized to develop Mis section include: • Palm Desert General Plan and Environmental Impact Report; • Coachella Valley Multiple Species Habitat Cmservaticn Plain (CVMSHCP). The approximately 3.96acre Project site consisting of one camel (APN p: 694-300-004); located In the northwest quadrant of Gerald Ford Drive and Portola Road, In Me City of Palm Desed. The camel is bounded by Shepherd Lane and Gerald Ford Drive and is referred W in this document as Ma"Pmjact Site.' The Pmjed Site occurs in the western Wagon mthe Coachella Valley area of Rivemide County and is situated south of Interstate 10 (Figure 1). The Project Site is located in an area that is covered by the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), but Is not located In a CVMSHCP's Conservation Area. The Project Site is located In a highly urbanized cattail, surrounded by roadways and residential housing. The parcels am open lots and easily accessible to people. These factors have contributed to past and on -going human disturbance and render Me Project Site less Man optimal to support special stead plants and wildlife species. The habitat occurring on the Project Site is characteristic of disturbed desert scrub habitat. Although Vedas occurrence records Indicate potential for several special status plants and wiHlhe species to occur in Me project area, the habitat on site is generally of low quality. The Proposed Project would result In temporary and permanent disturbance to land Mat has already been impacted and tices not serve as viable habitat for species. However, there is a low to mcdarate potential for several spsdala tus species that muld potentially occur or incidentally use the site as foraging habitat. Therefore, mitigation measures are recommended Even though the Project Site does not occur within designated Cmservaticn Areas of the CVMSHCP, under Me miss of the CVMSHCP, however, Me Pmjact may be required M pay a pe- dwelling mitigation fee to Me City of Palm Desed, to offset potential impacts to biological resources. Although burrowing awls, flat-miled horned lizard, and Coachella valley Mnge-toed lizards are covered species under Me CVMSHCP, mitigation measures are recommended to avoid impacts M these resources. In wagon, measures to protect nesting birds under the Migratory Bib Treaty Act (META) is recommended. With Me implementation of the required mitigation (fee payment); and the recommended mitigation measures. the Proposed Projed development is not expected to result in significant adverse impacts to sensitive species or other biological resources beyond the Project Site. a) Have a substantial adverse effect either directly or through habitat modifications, on any species identified as a candidate, sensitive, or spacial status species in local or regional plans, Policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less Man Signifcznt Impact with Mitigation Incorparatad On March 25, 2021, Elevated Entitlements staff conducted a Reconnaisance4evel biological survey of the subject parcel. The Project Site occurs within the CVMSHCP planning boundary but tices not occur within any designation Conservation Areas of Me CVMSHCP. The Project also tices not occur within any designation (or Flat -tailed Homed Lizard (FTHL) Preservation Areas. The Project Area lies within the confines of a geographical region known as the Colorado Desert (Jaeger, 1957). As Is typical of Mis subdivision of the Sonoran Desert, annual rainfall averages less than six inches (National Climatic Center, 2013). The parcel is generally fiat, and gently sloping towards Me north and east. The elevation ranges from approximately US feet above sea level at the eastern portion to approximately 258 feet at Me western portion of heading westwards. The soils on the Project Site are Myoma fine sand (5 to 15 percent sopes). Soil characteristics am uniform overthe entire site. Soil is composed of wind4olown alluvium created by persistent air movements from Me northwest. This process Increased In Intensity with Me drying out of the Coachella Valley at the close of Me Pleistocene epoch ending 10,000 years before present. The presence of a wall on Me south side of both parcels associated with the adjacent residential buildings, has resulted in some sand stabilization next to the wall. Only one type of vegetation community can be characterized on Me Project Site and Mat is the Disturbed Sonoran Creosote Bush Scrub community. This type of vegetation community is characterized by creosote bush (Lames hidentarm), which is the most conspicuous plant of this vegetation type. Other native plants in less conspicuous numbers include Indigo bush (Psomthamnus scho0n) and Burro brush (Nymenodea salsola), interspersed among Me aeacts bush and occurring sparingly. The ground cover is predominantly cusisMg of non-native common Mediterranean grass (Schasmus barbatus). Other non-native plant occurring on both parcels include: Sett cedar (Tamenx a ma), horseweed (Erigemn bommensis) and ornamental flowers, ocwmng right next to the walls of the adjacent housing. The creosote bushes predominantly occur along the southern wall sepaafing Me parcels from the adjacent housing. This may be due to Me precipitation Mat adjacent residential pools next to the wall or due to portion of Me parcel are piles of wooden debris. Small stockpiles of compacted sand and construction debris material were also detected on both sites. The Disturbed Sonoran Creosote Bush Scrub community on the parcel is approximately 3.40 acres. The Project Site consistsof one penal, which is dry, vacant, with sparse vegetation and covered by loose sands. Thereare no drainages orother aquatic features that could potentially be subject to the jurisdictional authoriy of Me California Department of Fish and Game, U.S. Amy Corps of Engineers, or the Regional Water Quality Control Board. Pnor to conducting the site survey, a 1-mile radius species query was conducted on the California Natural Diversity Database (CNDDB), W identify records of special -status plant and animal species Mat have the potential to occur on site. In addition to the list of species yielded for the 1- mile radius query, additional spades were evaluated for their pommel to occur on the site, based on litermum review of other studies in the region, rb8,v, mdur,, PmlW ensam cur i elou=amxz No special -status plant or animal species were observed during the site visit. As previously described, the site visit was a "reconnaissance -lever survey and therefore did not Includefocused surveys for such species. A complete list of special -status plant and animal species Nat have the potential W occur on site is provided in Table 1, SpwalStatus Plant or Animal Species with Potential to Occur on the Project Site, in the Biological Resources report, Appendix A. Of the 12 special status plant and wildlife species that could potentially occur in the Project Area, none have a high potential W occur on -site due W various factors, Including: the highly urbanized adding of the Project Area, open access of the site, evidence of human distubance (Nash and debris) on the site. All Ness factors greatly limit the suitability of the she for these species. The Wllowitg plant and wildlife species have a moderate potential W occur on site: • Coachella Valley Milk Vetch(Astragslus lentginows vac coschellae) • Flat -tailed homed LUad (Phryrwsoma mcallllJ • Coachella Valley fringe -Wed lizard(Uma irromate) • Burrowing owl (Athena cunicularie) • Loggerhead strike g ius knowdanus) • Le Conle's thresher (Taxosfoms lecnnta)' • Palm Springs Packet Mouse (Pemgnathus Wngimeni • Coachella Valley (Palm Springs) round -tailed ground squirrel(Spermophilus tersticaudus chroros) These species am"ot d" spedes under the CVMSHCP. In addition to these species that could potentially occur on the Project Site, the extent of the Project Site has a moderate potential W host native bird species, especially ground nesting bind species throughout their nesting period, due W the presence of shrubs. Native breeding binds, their active nests, eggs, and young are protected under the Fish and Game Code of California and the Wderal Migratory Bid Treaty Act (META). In addition, avoidance of impacts to nesting migratory and resident binds is requirement of the federal permit issued for the CVMSHCP. Burrowing owl, which is a CDFW Spades of Special Concern and a Covered Species under the CVMSHCP, has a moderato potential to occur In the project area. Although no focii Borrowing Owl surveys ware conducteq no individuals or signs of burrowing owls were observed during the survey of the subject property. Since the Project site is not within a Conservation Area of the CVMSHCP, the Project is not required to conduct protocol surveys for Bummving Owl. However, a Project is still required by law (DFG codes and MBTA) to avoid Yaking' M Wnowing awls. The Project Site tices not supped any trees, nor any water resources subject W the jurisdictional authority of the US Amy Corps of Engineers (USAGE), the Regional Water Quality Control Board (RWQCBI, or the California Department of Fish and Wildi fe (CDFWI. The Project Site is also not located within aunty Critical Habitat far species. or within Preservation Areas for the Flat -ailed Homed Lizard. Development of the Proposed Project site is anticipated to permanently a small amount of Disturbed Sonoran Creosote Bush Scrub vegetation. Therefore, the following the following Mitigation Measures (MM) are proposed: SwbSemr. Ci Pmjw Paden city iivin xZ MM 810.1. Preconstructlon Surveys to Avoid Impacts to Nesting Birds In order to avoid impacting nesting bids, avoidance of project -related disturbance during the nesting season would be required (generally from approximately February 1 to August 31). Alternatively, nesting bird surveys conducted by a qualified biologist immediately prior W project related disturbance during fire nesting season would be mquired. If healing bids are present, no work would be permitled near the nest until young have fledged. While there is no established pmtoml for nest avoidance, when common, fire CCFW generally remmmends awitlance buffers of about h00 feet for bids -of -prey, and 100 — 300 feet for songbirds. The Implementation of this Mitigation measure may be conducted in concurrence with the Burrowing Owl preranslruction surveys, which would also ensure avoidance of other protected bird species such as the Loggerhead Shrike and Le Conte's thresher, which have a potential to occur on the site. MM BI0.2. Pmconstru dlon Surveys for Burrowing Owls Impacts to this species, ff present on fire site, can be accomplished by fake awitlance (pre - construction) surreys. CDFW recommends two take avoidance surveys. The first shall occur between 14 and 30 days prior to ground disturbance and the second within 24 hours of ground disturbance. If owls are located on the Project Site, conducting the first clearance survey 14 to 30 days prior to ground disturbance enables the project proponent to consult with CDFW to determine what mums d action is needed, such as fire use of exclusion devices (g applicable) to discourage owls from using bumess that are believed to be in jeopardy of being impacted by implementation of the project. MM BIO3. Mitigation for Impacts to Vegetation Community(Habitat) The following mitigation Measure Is proposed to offset Impacts to disturbed native scrub habitat on the project site: • The Project shall limit disturbance to the approved Project Development Footprint, Minimize impacts to adjacent natural areas; • The Project shall implement dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities; • The Project shall control invasive and non-native plant species to reduce the potential for these species 0 spread to adjacent vegetation communities; • The Applicant shall coordinate with the City regarding the Landscape Plan for the development and shall plant applicable native plants as part of the Project landscaping; • The Applicant shall pay the most arrant CVMSHCP Mitigation Fee 0 the City. The Project Site lies within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and is, therefore, subject to per residential unit fees. The precise amount shall be determined by fire City of Palm Desert antl is based upon fire fee requirements at the time of approval. In addition to the implementation of the recommended mitigation measures discussed above, fire payment of the mitigation fee to the City would offset impacts to spedes that are not covered under the CVMSHCP and therefore, the project would have less than significant adverse impacts to biological resources beyond the confines of fire Proposal Projeddevelopment. sarba,a m clry a calm ww InAel eWby mnum mks Anuary=2 b) 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 California Department of Fish and Wiltllife or U.S. Fish and Wildlife Service? Less than Significant Impact: The Project Site lies within the boundaries of the Coachella Valley Multiple Specks Habitat Conservation Plan (CVMSHCP), to which the City of Palm Desert Is a signatory W. The Project Site does not occur within any special designated Conservation Area, or does R occur within designated Preservation Areas for the Flat-lailed Horned Lizard The Project Site supports disturbed Sonoran Creosote Bush Scrub habitat, which is not charecterized as a sensitive natural community. Development ofthe Proposed Project is likely to impact a small amount of disturbed Sonoran Creosote Bush Scrub habitat. The Project Site consists of open parcels, easily accessible to human use and traffic. It is also situated right adjacent to housing development and so Me Sonoran Creosols Bush Scrub habitat is somewhat degraded. The Project She tices not support riparian habitat or other natural communities, identifred in local or regional plans, polides, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. As identified under MM Bl0.. the Pmjed is required to pay a Residential Unit Fea tuthe City, which will ofisat potential impacts to the disturbed hatinton site. Therefore, the Project would have a less than significant Impact on natural communities. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal Pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The Project Site consists of two parcels thatsupport drydesed scrub habitat, covered by sandy soils. The vegetation on site Is characterized as disturbed Sonoran Creosote Bush Scrub community. There are no drainages, cheeks, wetlands or other aquatic fealures that are potentially subject to Federal or State jurisdictional authority, entailing the US Army Corps of Engineers, Regional Water Duality Control Board or the California Department of Fish and WItlIRe. Therefore, the Projed would have no impact on state or federally prdaded wetlands (inducting, but not limited to, marsh, vernal pooh coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) 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 sips? Less than Significant Impact. As indicated strike, the subject property is surrounded on all sides by urban development and roadways. The site Is an open lot with easy access to humans. Debris detected during Me survey indicates that the site has been used as a dumping site for trash. These factors make the site less desirable as a refuge for wildlife. While Me Project SRO may be used by common urban wildlife like rabbits and rodents, as a transilory site for movement, the site has no potential for established and sustained movement of wildlifa, especially founded spades. The Project Site is not known to serve as a wildlife movement corridor, migratory mute, or nursery she, and impacts associated wit the Proposed Pmjed would he less than significant. too, „i ni Palau Pi city A^uenmxZ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The Project would not conflict with any local policies or ordinances that protect biological species. As discussed earlier, the Project Site does not occur wi rin any specially designated areas of the CVMSHCP, including any Conservation Areas or Preservation /Areas far the Flat -Wiled Homed Lizard. Therefore, no impact would occur. P Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant Impact with Mitigation Inca. The Proposed Project Iles within the boundaries of the CVMSHCP and as such, is subject to Me requirements of the Plan, which entails Me payment of fees W the City of Palm Dowd, to offset potential Impacts W covered species and vegetation communities. For species such as burrowing owls, which are covered under the MSHCP, mitigation measures are proposed, to avoid impacts and potential'1i of species. For biological resources not covered under the CVMSHCP (such as nesting bids protected under the MBTA and DFG Coded, Mitigation measures are proposed Therefore, with the implementation of the proposed mitigation measures and payment of the mitigation fee, impacts to biological resources form Proposed Project development would be less than significant after mitigation. Smiii svrimr, wds,h PmW Parses city �vinEwmd V. Cultural Resources Less Than Significant Potentially with Use Than Significant MXlgation Significant Impact IrcarporNtl Impact NOVA Would Me Project: a. Cause a Substantial apposes change in Me ❑ ❑ ❑ significance of a historical resource pursuant to § 1NE4.5i b. Cause a Substantial adverse change in Me ❑ ® ❑ ❑ significance of an archaeological resourea pursuant to§15g64Si C. Directly indirectly destroy unique ❑ ❑ ® ❑ paleontological resource or site or unique geologic feMure. d. Disturb any human remains, including those p p as p insured pounds of dedicated cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as pursuant to State CEGA Guidelines §15061 No lam. Section 15064.5 of Me CEGA Guidelines generally defines a historic resource as a resource that is: (1) listed in, or determined to be eligible for listing in the California Register of Historicel Resources (CalRomia Register); (2) included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Cade); or (3) identified as significant in an historical resources survey (meeting the criteria in Section 5024.1 (g) of the Public Resources Code). Generally, a resource shall be considered by the lead agency to be "historically significant' H the resource meets to criteria for listing on to California Register. The California Register specie ticelly includes all properties listed in the National Register of Historic Places (National Register) and Moral formally determined to be eligible for listing In the National Register. To determine if historical resources are located on Me Project she, qualified professional archaeologists will Conduct an hlstodcallarchaeological resources records search and pursue historical background research. As pad of that assessment, a records search was conducted at the Eastern Information Center (EIC) and found no evidence Mat Me site harbors any significant historic resources as defined in § 15064. Therefore, the Proposed Project would not cause a substantial adverse change in Me significance of a historical resource. b) Cause a substantial adverse change in this significance of an archaeological resource pursuant to State CEGA Guidelines §16061 Less Than Significant Impact with Mitigation Incorporated. Archaeological resources are described as cuMml resources, such as structures of objects that provide evidence to past human activity. They are important for scientific, historic, and or religious reasons to cultures, communities, groups or individuals. mom been, cmmmnmm amid PaOaa city m lsim Down hall Study J,nu,ry=2 BioCulWral conducted a Project and sitespedfc study on historical and archaeological resources. The assessment included records searches, Native American soot historical background research, and field survey. The field survey did not encounter onshe buildings or structures. Furthermore, the Native American Heritage Commission (NAHC) sacred land record search did not indicate Me presence of Native Amencan resources within a half -mile radius of the Project. Therefore, less than significant Impacts are expected following the required mitigation measures. Mitigation Measure: Mitigation measures are required to reduce the potentially significant impact related to cultural resources. The following mitigation measures are required: CR-1: If during Me Comes of grading or ConsWction, artifacts or other cultural resources are discovered, all grading on Me site shall be hated and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the cost of, the applicant ro identify the resource and recommended mitigation if the resource is cuhurelly significant The archaeologist shall be required to provide copies of any studies or reports to the Easter Information Center for the State of California located at the University of Caliloma Riverside and the Aqua Caliente Tribal Historic Preservaton Office (THPO) for permanent Inclusion In the Ague Caliente Cultural Register. CR-1: The presence of an approved Native American Cultural Resource Monitorial) shall be required during any ground disturbing activities (Including archaeological testing and surveys). Should buried cultural deposits be encountered, the monitor may request that destmNve construction hat and the monitor shall notify a qualified archaeologist (Secretary of the himmur's Standards and Guidelines) to investigate and, If necessary, prepare a mitigation plan for submission to the State Historic Preservation Once and the Ague Caliente Tribal Historic Preservation Office (THPO). The archaeologist shall be required to provide copies of any studies or reports to to Easter Information Canter for the State of California located at the University of Rival and Me Ague Caliente THPO for permanent inclusion in the Aqua Caliente Guttural Register. of Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact. Paleontological resources are fossilized remains of plants, animals and associated deposits. The lakebed of Holocene Lake Cahuilla has produced many paleontological resources generally containing freshwater mollusks of Holocene age. Per the Riverside County Land Information System, the properly is recognized as having low potential for Paleontological Sensitivity. Areas recognized for having low pWential have a reduced likelihood for containing significant non renewable paleontological resources, including vertebrate or Santa Barbara Condominium Proton sxsan Cry of Initial Study A ... on=2 significant vertebrate fossils. Therefore, less than significant impacts to Paleontological resources are expected. d) Disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact. The Project is not sg ctmd to aged any human re inducing those interred outside of formal cemeteries. As previously discussed, a bad survey of the Pmject Site did not show any evidence of human activities dating to prehistoric or historic periods, and no other sites, features, arigacts, or built environment resume were encountered. Therefore, impacts wort be less tan significant. wn swrwr, wmmmm PmJW PAW31 city ewuMn VI. Energy Less Than overaialy Significantwith tw Than Significant Mitigation Significant No Impact Incorporated! Impact Impact Would the Project: a. Result in Potentially significant environmental impact due to wasteful, inefficient, or unnecessary ('0umphon of energy resources, during Project construction or opemfion? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? Less Than Significant Impact. A significant impactwould occur If the Project results in potentially significant environmental impacts due to wasteful, Inefficient, or unnecessary consumption of energy resources, during Project construction or operation. The Proposed Project would develop a 32-unit condominium development, which woue contribute to Me goals and policies &Me Palm Gesed General Plan. The Proposed Project is required to comply with the energy conservation standards established in Trips 24 of the California Administrative Code. Calif nnia's Energy Efficiency Standards for Residential Buildings located in Trips 24, Pad 6 of the Califomia Code of Regulations and commonly referred to as'Rtle 24; which was established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. The Proposed Project would include several conservation measures to decrease reliance on fossil fuels, inducting coal, natural gas and oil. Therefore, the Proposed Project would have less than significant impacts during constructed and operation. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. A significant impact could occur if the Project has the potential to conflict with or obstruct a state or local plan far renewable energy or energy efidency. The Proposed Project's energy demands will primarily be derived from renewable energy sources and will adhere to Me following California building code requirements: Solid Waste Redudion. California Green Building Code Section 4.408.1, imposes mandatory measures for residential pmjects Mat require developers to ra le and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and Iraesales conmah,lum Pray sagas clrym P.lmow l study A ... v=2 demolition waste in accordance with either Section 4.408.2, 4.408.3 or 4.408.4, or meet a more stringent local consumpion and demolition waste managementordinance. Diversion efforts would be accomplished through source reduction, recycling, and composting, Finally, the Proposed Project Is required by the California Sold Waste Reuse and Recycling Access Actof 1991 to provide adequate storage areas forcollection aid storage of recyclable waste materials. As such, a W percent reduction of a prMeas waste stream to the local landfill would reduce methane emissions and mus lower Me Project's contribution to global GHG emissions. Water Conservation. The Proposed Projects; water budget for landscape Irrigation use must conform to Me California Department of Wades Resources' Model Water EfAdent Landscape Ordinance (MWELO). Such landscape water eduction methods include, but am not limited to, use of captured rainwater, recycled water graywater, or water traded for irrigation purposes and conveyed by a water district or public entity. It must also provide irrigation design and controllers that are weather -or soil moisture -based and automatically adjust in response to weather conditions and plantsneeds. Furthermore, measures associated with minimizing water usage will be applied to the Proposed Projed, including water efficient landscape requirements and compliance with Title 24 guiding Code requirements for efficient appliances and fixtures. This is consistent with wren City Ordinances, including Me Water Efficient Landscape Ordinance (PMC 14,05), Electric Vehicle Supply Equipment. The Proposed Project would pmvide Electric Vehicle stalls. The incorporation of EVSE into Me Proposed Project is consistent with State and City GHG polices to encourage and support altemative dean fuel supplies for vehicles and would further serve to rectum GHG emissions attributable to the vehicle trips generated by Me Project. With incorporation of the Project design features identified above, Me Proposed Project would not cause wasteful, ineffident or unnecessary consumption of energy and thus would result in less than significant environmental effects with respect to renewable energy. Swi, 3 em„ Canclowrim P,grt Pnpev ci4 fiv�;nmx¢ VII. Geology and Soils Use Than slgnmunt Potentially with Uss Than Slgnlncam litigation Slgnlncam No Imixect Innumerous] laboact Impact Would Me project: a. Directly or indirectly cause substantial adverse effects, including Me risk of loss. injury, or death involving: Rupture a a known earthquake fauh. as ❑ ❑ ® ❑ delineatad on the moat recent Alquistinolo Earthquake Fault Zoning Map issued by the State Geologist for Me area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication Q. iL Strong seiamic ground shaking? ❑ ❑ ® ❑ ii. seismicrelated ground failure, including ❑ ❑ ® ❑ liquefaction? iv. Landslides? 0 0 0IN b. Result in substantial soil erosion or Me loss of o o ® o topaoil? c Be located on a geologic unit that is unstable, or p p ® p that would become unstable as a result of the ProjeK and potentially result in on.r oFaite landslide, lateral spreading, subsidence, liquefaction, or collapse? d. Be located on expansive soil, as defined in Table IS. p p ® p 1A of the Uniform Building Code (1996), creating substantial direct or Indirect risks to life or Property? e. Have wale Incapable of adequately supporting the ❑ ❑ ❑ 19 use of septic tanks or alternative waste water disposal systems where sewers are na available for Me disposal of waste water? sant, Barbara oonorseux, Prol.n Pncaaa clyallbanalaxed label St,dy A ... vIDa3 a) Directly or indirectly cause potential substantial adverse effects, including Me risk of loss, injury, or death involving: i) 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? Less Than Significant Impact. A significant impact may occur if a Project Site is located within a State-cougnated Alquist-Prlolo Zone or other designated fault zone. There are no known save faults or potentially active faults undedle the Project Site. The proposed development site Is feasible from a geotechnical standpoint. The Project Site Is not located within an Alqulst-Paolo Earthquake Fault Zone. Therefore, the Project will not expose people or structures to rupture of a known earlhquake fault and impacts will be Was Man significant. Therefore, the potential for surface ground rupture due to faulting occurring beneath the Project Site during Me design life of the Proposed structure is considered less then significant. II) Strong seismic ground shaking? III) Seismic -related ground failure, including liquefaction? Less Than Significant Impact. A significant impact may occur lt a Project represents an increased risk to public safety or destruction of propeM by exacerbating existing hazardous environmental caotlitions by exposing people, property, or infrastructure to seismically induced ground shaking hazards that are greater Man Me average risk associated with other locations in Southern Celimmia. As discussed above, Me Project Site is not located within an Alquist-PriolD Earthquake Fault Zone and was concluded to have a low potential for surface rupture honest the Project Site. Development whin to Proposed Projoctarea would be subjecttu intense grouts shaking during major earthquake. The intensity of the ground shaking would depend on the distance to the epicenter and Me geologyoffle areas between the epicenterand the Project area. In accordance with to 2019 California Bulking Code (CBC), seismic structure design requirements will be based on Me Seismic Design Category (SOC) forthe Proposed structures, which Is based on the Occupancy Category for to structure and on Me level of expected sail modified seismic ground motion. The majority of structures in the City of Palm Desert will have a Seismic Design Category (SDC) of D (High seismic vulnerability) or E )Very high seismic vulnerability and near a major fault) based on the proximity of a fault and soil types In the City. The final detennination of the Selsmlc Design Category (SDC) will be made at Me time of building plan submittal and review of a SltoaPBCMc Soils Report. Compliance with two seismic design requirements will reduce the potential impacts from seismic ground shaking and ground failure on building occupants and structures to a less than significant level. iv) landslides? No Impact. A Project -related significant adverse effect may occur If the Project Is located in a hillside area with soil conditions that would suggest a high potential for sliding. The Project Silo contains no major landforms and Is relatively fiat, sloping slightly to the northeast with drainage by sheet flow at approximately one to two percent across the site. In addition, the Proposed nuimcw,. wd:,,, PmW Pxosn cityiRsm Do e.ext Pmject would not have the potential to exacerbate current environmental conditions Nat would create a significant hazard with respect to landslides. Therefore, no impacts would occur. b) Result In substantial soil erosion or the loss of topsoil? Less Than Significant Impact. A Project would normally have significant sedimentation or erosion impact H It would: (a) constitute a geologic harzrd to other properties by causing or accelerating instabilityframemson; or(b)accelsrffi natural processes of wind andwatersmsion and sedimentation, resulting in sediment none or depostion which would not be contained or controlled omits. Sails on the Project Site and vicinity consist mainly of underfunded layers of silly sand (SM) and gootly, gretled sands (SIP) with acrasionally sandy silt (Ml The upper four to five feet of soils were found to be relatively loose, nonuniform and of low relative compaction. Construction associated with the Project area would occur in accordance with all rules and regulations of the City of Palm Desert. This would include the regulatins contained within Palm Desert Municipal Code, which establish regulation for Me control of excavation, grading and Wrhwork conWudlon, inducting fills and embankments, and forthe control of grading site runoff, Including erosion, sediments and construction related pollutants. In addition, consimctlon associated with future development would be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) construction permit and would implement City goading permit regulations that include compliance with erosion control measures, Including grading and dust control measures. Specifically, construction associated with future development Projects would be required to have erosion control plans approved by the City of Palm Desert Engineering Division, as well as Storm Water Pollution Prevention Plans (SWPPP). As part of these requirements, Best Management Practices (BMP's) would be implemented during construction adivities to reduce soil erosion m the maximum extent possible. Given that the Project would be subject to City Code and hill requirements for eroson control grading and soil remediation, the Projed would not result In substantial NO erosion or the loss loin top soll. These requirements, when combined with standard City requirements for funding, will redo® impacts from soils to a level of less Nan significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially lsson In on. or offolte landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant Impact. A Project would normally have a significant geologic hazard impact if it could cause or accelerate geologic bazsrds causing substantial damage to structures r infrastructure, or expose people to substantial risk of injury For the purpose of this specific issue, a significant impact may occur if the Proposed! Project is built in an unstable area without proper site preparation or design features to provide adequate foundations for buildings, thus posing a haurd to life and property. The Promised Project is not located adjacentto steep slopes or areas that would otherwise be subject to landslides, debris flow, and/or rock fall. As such, there Is no potential for a landslide to occur within the Project area. Lateral spreading results from liquefaction or plastic deformation of soil occurring on gently sloping ground during an earthquake. The conditions occur when blocks of mostly intact surficial e.,w,a cmmmmi,m Pmlra PAWN cly m wim o...a study !amen== soil are displaced down slope along a sheer zone that has formed within liquefied sediment. Due to the Ci yi relatively gat topogmphy of Me valley poor and lack of significant slopes in the Project area, the Project area is not subject to lateml spreading conditions. There is no data for subsidence potential within the Project area. Generally desert veils are considered collapsible in the first few feet. The design, construction and engineering of structures associated with the Proposed Project Wit be subject to compliance with all City miss and regulations. Project work requiring a building or grading permit by the Palm Desert Building Code Is not permitted In an area determined by the Building Official or City Engineer to be subject to haeaN from landslide, settlement, or slippage. Wth compliance with Code requirements, Project Implementation would result In less than significant impacts Involving damage W building and Improvements from subsidence or collapse. The groundwater level within the Proposed Project area Is in excess of 100 feet below Me surface and potential for on-sm liquefaction or seismically induced dynamin settlement is negligible. Potential Impacts associated with liquefaction would therefore be less than significant. d) Be located on expansive soil, as defined In Table IS 1 B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. A significant impact may occur if to Proposed Project is built on expensive soils without proper site preparation or design features to provide adequate foundations for buildings, Mus posing a hai to Its and property. Expansive soils contain significant amounts of day particles that swell considerably when warned and which shrink when dried. Foundations constructed on these soils are subject W uplifting forces caused by the swelling. Without proper mitigation measures, heaving and cracking of both building foundations and slabs -on -grade mulct result. The Project Site is identified as having no expansion potential (Expansion Index = 0). An expansion index test which indicates the soils on the Project Site are within the "very IaW' expansion category. Development an expansive soils can muse land slippage and structural damage to foundations. Grading and engineering methods that provide a stable foundation for building construction, as required by the Palm Desert Municipal Code and California Building Coca, will reduce impacts W a less Man significant level. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewer are not available for the disposal of wastewati No Impact. This question would apply to the Proposed Project only t it was located in an area not served by an existing sewer system. The Proposed Project must be connected to the public sewer system and a private sewer disposal system which is pehmited. Therefore, there will be no impact from soils incapable of adequatelysupporting the use of septic terns or alternative waste- water disposal systems. Sinn wrinn, m,n., w,m PpProm cry Procry fRam C000d Sxoa+ III. Greenhouse Gas Emissions Less Than Significant PotaMMly with less Than Significant suggatlon Significant Impact Incorporated Impact NOVA Would Me Project a. Generate greenhouse gas emissions, either directly mr indirectly, Mat may have a significant impact on e environment? b. Conflidwith an applicable plan, policy or regulation adopted far the purpose of reducing Me emissions of greenhouse gases? a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Future development of the Project Site will generate carbon dioxide, which is Me primary component of greenhouse gases (GHG). Thus, Me Projed will contribute ro global warming as described by the Intergovernmental Panel on Climate Change. The total volume of GHG that will be generated by development of Me Projed Site Is consistent with the residential use of the property anticipated within Me City's General Plan. The relative size of the Project in comparison to the saturated greenhouse gas reduction goal as adopted by the California Air Resources Board of 174 million tons of CO2 equivalent (MMTCO2s) by 2020 means that its incremental egad is not cumulatively considerable. Development of Me Project Site must also meet Me City's Green Building Ordinance and therefore is inherently energy efficient and GHG emission wall be reduced to the extent feasible through compliance with Me Green Building Ordinance. Based upon Me information contained above, Me Projed will have a less Man significant impact due to Me generation of greenhouse gas emissions. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact . The Proposed Project would be consistent with local and statewide goals and policies aimed at reducing the generation of GHGs, Including AB 32, SB 375, and CARB's 2017 Soaping Plan aimed at achieving 40 percent below 1990 GHG emission levels by 2030. Therefore, the Project's generation of GHG emissions would nor make a Pmjectalaecifc or cumulatively consoereble contribution to conflicting with an applicable plan, policy or regulation for the purposes of reducing Me emissions of greenhouse gases, and the Proposed Project's impact would be leas Man significant. to,t suety,. oommni„ Prawn warfare chafFauawm2t IX. Hazards and Hazardous Materials Less Than Significant Potentially with less Than Significant allegation Slgnlacand No Impact incorporated! Impact Impact Would the Project; a. Create a significant hazard to the public or the ❑ ❑ ® ❑ envinernment through the roufine transport, use, or disposal of hazardous materials? b. Create a Significant Word to the public or the ❑ ❑ ® ❑ nment through presumably foreseeable upset and accident conditions involving the release of hazardous materials into the envintrament? c. Emit hazardous emissions or handle hazardous or ❑ ❑ ® ❑ acutely hazardous materials, substances, or waste within onealuarter mile of on existing or Proposed school? d. 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 caa Significant hazard to Me public or rete e undranment? e. Fora Project Insured within an airport land use plan ❑ ❑ ® ❑ or, where such a plan has not base adopted, within We miles of public airport or public use airport, would Me Project result in a Safety hazartl o excessive se for people resilirg or working in the Project area? C Impair implementation of or physically interfere p p X 0 with an adopted emergency response plan or emergency evacuation plan? g. Expose people or structures, either Mostly or p p p IN indirectly, to a significant risk of loss, injury or death involving wildland fires? a) Create a significant hazard to the public or Me environment through the routine trans"", use, or disposal of hazardous raterials? Less Than Significant The ypes and amounts of hazardous materials Mat would be used in connection with the Pmjed would be typical of those used in residential developments (e.g., household cleaning solvents, pastures for landscaping, painting supplies, Chlorine and petroleum products). Project hazardous materials usage will be limited to small amounts. Canstmcbon of the Project would also involve the temporary use of potentially hazardous materials, Including vehicle fuels, paints, oils, and transmission fluids. However, all potentially hazardous materials would be contained stared and used in accordance with manufacturers' were Becher, cmmmhiam Pmly Plum obafwimoemd , sway Jemmy=2 instructions and handled in compliance with applicable federal, State, and local regulations. Any associated risk would be adequately reduced to a less gran significant level through compliance with these standards and regulations. Therefore, the Project would have less Nan significant impacts on disposal of hazardous materials. b) 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? Less Than Significant Impact. A Project would normally have a significant impact to hazards and hazardous materials if: (a) Me Project Involved a disk of accidental explosion or release of hazardous substances (including, but not limited M oil, pesticides, chemicals or radiafwn); or (b) the Project involvetl the creation ofany health hazard or potential health hazard. The development of Me Proposetl mufti -family msidentol development woub not create any risk of explosion or release of hazardous substances in the event of an accident or upset condhion because the Pmject art be requiretl to comply with standard requirements for stoage of hazardous substances or chemicals by the applicable regulatory agencies this will ensure potential impacts will be less Man signifcant. of Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one9uarter mile of an existing or Proposed school? Less Than Significant. A Project would normally have a significant impact to hazards and hazardous materials g: (a) Me Project involved a risk of accidental explosion or release of hazardous substances (inGutling, but not limited to oil, pesticides, chemicals or radiation); or (b) the Project involved the creation of any health hazard or potential health hazard The determination of significance shall be made on a case -by -case basis considering the following factors: (a) the regulatory framework for the health hazard; (b) Me probable frequency and severity of consequences to people or property as a rewlt of a potential accidental release or explosion of a hazardous substance; (c) the degree ro which Project design would reduce the frequency or severity of a potential accidental release or explosion of a hazardous substance; (d) the probable frequency and severity of consequences to people from exposure to the health hazard; and (a) the degree to which Project design would reduce the frequency of exposure or severity of consequences of exposure to the health hazard. There are no schools located nearby the Pmject Site. Theatre, the Proposed Project would not have the potential to expose students nor stag to potentially hazardous materials, substances, or waste during the construction period. Therefor, impacts wculd be less than sgnRcant. immmr. mm,,I, PmW ewcam city fFxm xt all Be located on a site which is included on a list of hazardous materials sites compiled pursuantto Government Code Section 65962.5and, as a result, would it create a significant hazard to the public or the environment? No Impact. California Government Code Seddon 65962.5 requires various state agencies to compile ll of hazardous waste disposal facilities, unauthorized releases form underground storage tanks, contaminated drinking water wells, and sold waste facilities from which there is known migration of hazardous waste, and submit such information to the Secretary for Environmental Protection on at least an annual basis. A significant Impact may occur if the Project Site is included on any of the above lists and poses an environmental hazard to surrounding sensitive uses. Review of to Department of Toxic Substances Control (DTSC) EnviroStor database and the EPA's Suparfund Enterprise Management System (SEMS) database, show Mat the Project Site is not located on an alive or closed hazardous waste she or Supmfund Site. Therefore, Me Proposed Projed will not have a significant impairs due to hazardous materials sites. a) For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in this Project area? Less Them Significant Impact. A significant impact may occur If the Proposed Project were located within an airport land use plan and would introduce substantial new sources of noise or substantially add t existing sources of noise witin or in the vicinity of the Project Site, The Project Site is not located within two miles of a private airstrip or public use aimort. The Proposed Project would not expose people to excessive noise levels associated wit airport uses as it is not located within to vicinity of a public airport or public use airport or airport land use plan area. Therefore, Impacts from exposure to airport noise would be less than significant. Q Impair implementation of or phyairally interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. A Project would normally have a significant impact to hazards and hazardous materials M (a) to Project involved possible Interference with an emergency response plan or emergency evacuation plan. The Proposed Project woultl not cause permanent alterations to vehicular circulation mutes and patterns, Impede public access, or travel upon public rights -of -way. Evacuation mutes in the vicinity of the Proposed Project Site include Gerald Ford Drive immediately adjacent to the north, Particle Road to the east, and Monterey Avenue to the wed. Plans would be provided to the City of Palm Desert far review and comment. Review by applicable public agencies would ensure implementation of the Proposed Project would not interfere with an emergency response plan or emergency evacuation plan. Therefore, the Proposed Pooled would nor be expected to interfere with any adopted emergency response plan or emergency evacuation plan, and a less tan significant impact would occur. tw swew,. oom,mn„ Ppv Pxoear cry Rim i g) Expose people or structures, either directly or Indirectly, to a significant risk of lass, injury or death lavishing wlldland fires? No Impact. The Pmjecl Site is located in an urbanized area of Palm Oeom and does not include wildlands or high fire hazard tenraln or vegetation. Therefore, no wildfire hazard Impact would occur with implementation of the Proposed Project and Mere would be no impact mil mrtnir. o�mmm,PmJW axaeaa city!MD,sm X. Hydrology and Water Quality Lass Than Significant poteMMly with less Than Significant initiation Significant Impact Incorporated Impact NOVA Would the project: a. Mama any "at quality standards or waste ❑ ❑ ❑ discharge requirements or otherwise Substantially degrade surface or ground water quality? b. Substantially decrease groundwater supplies or ❑ ❑ ® ❑ interfere Substantially with groundwater recharge such that the project may impede sustainable groundwater management of me basin? c. Substantially alter the existing drainage pattern of ❑ ❑ ® ❑ the site or area, including through the alteration a the courger of a stream o or through Me addition of impervious surfaces, �n a manner which would: I. Result in substantial erosion or siltation on- or off -site: it. Substantially increase the rate or amount a Surface runoff in a manner which would cult in flooding on -or off -she: ii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems Or provide substantial additional sources of polluted runoff; or w. Impede or retlirect Hued flows? J. In flootl hazard, tsunami, or seicbe zones, disk p p ® p release of pollutants due to project inuMMon? e. Conflict with Or Obstruct implementation Of a water p p ® p quality control plan or sustainable groundwater management plan? Saba Barbara Coodarreurn Projwt PAGE43 clay an Frain own reel Stacy a) Violate any water quality standards or waste discharge requirems nts or otherwise substantially degrade surface or ground water quality? No Impact. Construction of the proposed project would be subject to National Pollutant Discharge Elimination System (NPDES) scroll regulations for conshuNon which apply when there Is a wit disturbance of more than one am. The Applicant will be required to comply with all the rules, regulations and procedures of Me NPDEB perdition municipal, construction, and industrial activities as promulgated by to California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colonam River Basin -Region]). Under this program, development that proposes more Man one acre of grading would apply for a permit to control the discharge of pollution to the maximum extent practicable Water Quality Management Plan must also be prepared to determine and describe the Best Management Practices (BMPs) that will be implemented on to project site. The Project would be required to meet all applicable wimaquality standards or waste discharge requirements Means avoiding violation of such standards or requirements. The proposed Re idential development will not violate water quality standard or waste discharge requirements. The Pr i will connect to existing sewer lines, which are located in the immediate project vicinity. Wastewater will be transported to and processed at the City's Wastewater Treatment Plant. As part of to Ci yrs operational compliance wit the NPDES discharge permit, the City Implements all requirements of the Regional Water Quality Control Boats, which pertain to water quality and wastewater discharge. The Pmjed will be required to comply with national associated wit uNan nul Proiect mnsWdion will incorporate the use of a wide rands of Best Project will W required to implement Best Management Practices (BMPs). Implementation of Blips will preclude and/or intercept pollutants of concern Mat could potentially enter nearby properties or retention basins. BMPs will also help reduce shad and long-term water quality impacts caused by to construction and operation of the Proposed Project. Therefore, Me Project would not resuit in violation of any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. b) Substantially decrease groundwater supplies or Interfere substantially with groundwater recharge such that Me Project may Impede sustainable groundwater management of the basin? Less than Significant Impact. The Coachella Valley Water District (CVWD) provides domestic water to the projed area. The primary source of water in to Coachella Valley is groundwater extracted by deep wells and replenished wit Colorado River Water. A smaller partbn is derived from regional mountain streams. long term regional demand far potable water is expected to increase; however, with continued conservation measures and replenishment of groundwater, sufficient supplies will be available to meet the demand. At project builtlout, water will be required to serve the needs of to 32-unit condominium. The Project will conned to existing water lines beneath the mad. No new walls or additional water infrastructure are proposed. The Project will be required to comply with CV WD's and the City's watereRciomcy requirements, including the use of drought -tolerant planting moderate and limited landscaping irdgation. The Pmjed will also be required to comply with CV WD's drought restrictions and mtludion measures, as May may be applicable when development occurs.Implementation oftese and other applicable requirements will assure that water -related impacts are less tan significant. oai Barsi cwmmmi,m Proton Palo" ciNmPaimow swdy A ... ff=2 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, In a manner which would: I. Result in substantial erosion or siltation on. or offslte; Less Than Significant. The subject site site on generally flat terrain Mat gently slopes to the northeast. The Project Site does net contain any drainages, rivers or streams. Development of the Proposed Pound will increase impermeable Mill Doi and therefore increase on -site storm flows. The City will require the preparation of a hydrology analysis, and will require Nat the applicant demonstrate that 100-year storm runoff can be retained and all on -site, according to its standards as included in the master tlminage plan for the Project. The hydrology analysis will be required to demonstrate that the release of Project storm lbws from project development would not cause erosion or anchor. Therefore, Impacts would be less than signlllcent. ii. Substantially Increase the rate or amount ofsurface runoff Ina manner which would result In flooding on. or off-slte; ni. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or II, III. As described above, the Pm l's hydrology design will integrate into the existing flood control and stormwater conveyance system at the Project She. Implementation of applicable City requirements will assure that the Proled will not generate or contribute runoff that would result in flooding either on- or off -she, or exceed Me capacity of Me dormwater systems or provide substantial additional sources of polluted runoff. The Project will avoid off -site runoff to Me greatest degree practicable with Me implementation of Bed Management Preclices (BMPs). Therefore, impacts would be less than significant. N. Impede or redirect flood flows? Less Than Significant. The Project Site does not contain a stream or river. The proposed development will not have any negative effects on the existing hydrologic condition of the Project Site and any downstream facilities. Therefore, development of this Protect will not result In a potential for a significant adverse impact associated with the alteration of the existing drainage pattern. d) In flood hazard, tsunami, or salons zones, risk release of pollutants due to Project Inundation? Less Than Significant Impact. A significant impact may occur if the Pmjed was located within a 104year flood zone, which would impede or pediment flood flows. The Project Site is not in an S, iea,w„ cmm,rewm Pmlm PAW" ciameaimow sear A ... o=2 area designated as a 100-year food hazard area. The Pmject Site is located in an urbanized area and has no existing drainage structures, and all runoff is conveyed via sheet flow. The Proled Site lies within Zone'%' according to FEMA with historical flood depths from I feet. While there may be a significant Increase In Me amount of runoff volume, there should be no negative Impacts on the stone drain system since Me peak flow of Me Proposed development is 15 percent lower than Me existing condition. As such, a less Man significant impact would occur. e) Conflict with or obstruct Implementation of a water quality control plan or sustainable groundwater management plan? Less Than Significant Impact. A Project would result in a significant impact if it has the potential to conflict with a water quality control plan or sustainable groundwater management plan. The overflows from the proposed BMP must conned either to a catch basin or to a storm drain main. As part of to development, landscaping will be added Mich will reduce the overall Imperviousness and thereby lower the site's ovamll runoff. Additionally, Me Project Site will no longer convey runoff As sheet flow, but minor As non -erosive means to a proposed detention basin. Flows greater than 85%of the existing pre -developed peak flow conditions will be retained onsits. While there is a significant increase in the amount of runoff volume, Mare should be no negative impacts on the storm drain system since the peak flow of the proposed development is 15 percent lower Man Me existing condtion. FUMermore. the City requires Mat all Pmjeds be designed and constructed in accordance with the a[ormwater pollution control requirements of the Califomia Regional Water Quality Control Board. Furthermore, prior to the issuance of a grading permit, the applicant is required to file a Notice of Intent with the California Regional Water Quality Control Board to comply with the applicable National Pollution Discharge Elimination System (NPDES) requirements. Based upon the Proposed storm -water drainage system and given that the Proposed Project would be subject to City Ordinances and NPDES requirements for erosion control grading and soil remediation, to Project will not violate any water quality standards or waste discharge requirements and there will be a less than significant impact. ®is,m mr. mdu,, PmW anaeae city fPam n.ixZ XI. Land Use and Planning Less Than Significant Potentially with less Than Significant hatigi Ion significant No Impact Incorporated Impact Impact Would the Project: a. Physically divide an established community? b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for th a pu ryose of avoiding er mitigating an environmental effect? a) Physically divide an established community? No Impact. A significant impact may occur if the Proposed Project would be sufficiently large enough orotheraise configured in such a only as to create a physical barrierwithin an established community. The determination of signilicanre shall be made on a case -by -rase basis considering the following factors: (a) the extent of the area that would be impacted, the nature and degree of impacts, and the types of land uses whin that area; (b) the extent W which existing neighborhoods, Communities, or land uses would be disrupted, divided or isolated, and the duration of the disruptions; and (c) the number, degree, and type of secondary impacts to surrounding land uses that could result from implementation of the Proposed Ponied. The Proposed Project Site is located within an urbanized area of the City of Palm Owed and Is consistent with the existing physical amangemeMof the properties within the vlcln8y of the Project Site. No separation of uses or disruption of access between land use types would occur as a result of the Pmposed Pealed. The Project Site is currently vacant, and the Proposed Project is currently zoned PR-5 and requests a zone change to Iii The Proposed Project will complement existing surrounding uses that include single-family residential developments. The implementaton of the Proposed Pmject would not dismpt or divide the physical arrangement of the established community, and no impacts would occur. b) Cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental affect? Less Than Significant Impact. A significant impact may occur if a Project is inconsistent with the General Plan or zoning designating currently applicable to the Project She, and would cause adverse environmental effects, which the General Plan and zoning dedicates are designed to avoid or mitigate. The Project Site is zoned PR-5 and is requesting a zone change to PR-8. The Project will result In 32 dwelling units wlthln an urbanized area of the City. The plans for the Proposed Pejld have been reviewed and found to be consistent with the requirements of the City's General Plan Land Use designation with respect to density and the standaes of development for a multi -family residengal development, inducting not but limited to building setbacks, height anti parking. Therefore, developmentofNe Pmjedwill notoonflid wide any plan, policy or regulation and there volt be a less than significant impact. rove gwane, mm,mm Pei Paosn ciry aaPaaantott XII. Mineral Resources I -ass Than Significant potentially with toss Than Slgnlgcnnt MXlgatlon Significant Impact unconnected Impact NONE Would Me Project: a. Result in Ma loss of availability of a known mineral ❑ ❑ ❑ measures that would be of value to the region and the residents of Me slate? It. Result in the loss of availability of a locally- ❑ ❑ ❑ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. A significant impact may occur if the Project Site is located In an area used or available for extraction of a reglonally-Important mineral resource, or If Me Project development would convert an existing or future regionally -important mineral extraction uses to another use, or H the Project development would affect access to a site used or potentially available for regionally -Important mineral resourceextraction. The determination of sgnifcance shall be made on a case -thy -case basis considering: (a) Mother, or Me degree to which, Me Pmject might result in the permanent loss of, or loss of access to, a mineral resource that is located in a State Mining and Geology Bond Mineral Resource Zone or other known or potential mineral resource area, and M) whether Me mineral resource is of regional or statewide significance, or is noted in the Conservation Element as being of Ideal importance. The Project Site is not located within a Mineral Resource Zone. The Project Site is not currently used for the extraction of mineral resources, and there is no evidence to suggest that Me Project Site has been historically used for the extraction of mineral resources. Therefore, development of the Project Site would not result In adverse impacts due to a signifcant depletion or loss of availability of mineral resources. Therefore, no impacts would occur. It. Result In the low of availability of a locallydmportant mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact A significant impact may occur I Me Project Site is located in an area used or available for extraction of a regionally -important mineral features, or if Me development would convert an existing or future regionally -important mineral extraction uses to another use, or if the development would affect access to a site used or potentially available for regionally -important mineral resource extraction. As discussed above, the Project Site Is not currently used for the extraction of mineral resources, and there is no evidence to suggest that the Project Site has been historically used for Me extraction of mineral resources. Therefore, no impact associated with the Issue of availability of a known mineral resource would occur. saki swayers o„mmmi„ Prawn Pnasu ciat fFaaantett XIII. Noise I-sm Than significant Potentially with Use Than slgnlncam Mitigation slgnlncam Impact Incorporated Impact No Impact Would the Project result in: a. Generation of a substantial temporary or permanent increase ambient noise levels in the vicinity of the Project in exec" of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Generation of excessive groundborne vibration or gmundbome noise levels? c. For a project located within the vicinity of a private airstrip or an airport lard use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Mitigation Measure: N0I4: For all construction -related activities, noise attenuation techniques shall be employed, as appropriate, to reduce noise levels to Me extent feasible during the construction phase. The following noise agenuadon techniques shall be Incorporated to reduce potential Impacts of construction 0olso: Ensure that construction equipment Is equipped with properly operating and maintained mufgers consistent with manufacturers standards. Place noise -generating construction equipment and Innate constnudon staging areas way from sensitive recaptore, Mesa feasible. Schedule high nolse- inducing acivites between the hours of 7:00 a.m. and 6:00 p.m. to minimize dismpdon tc sensitive receptors. Implement noise attenuation measures fo the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets amund stationary construction noise sources. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. All stationary construction equipment (e.g., air compressor, generators, Impact wrenches, etc.) shall be operated as faraway from residential uses as po"Ible and shall be shielded with temporary sound barters, sound aprons or sound skins. Construcdon-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be tumetl off when not in use for more Man 00 minutes. Ltlanews Omm,inum Prpv Pepem clpmPalmo..ad l Scdr A ... ff=2 During all construction activities, Me job superintendent shall limit all construction -related activities to between the hours 6:30 a.m. and 8:00 p.m. Monday through Saturday. Clearly past construction hours, allowable workdays, and the phone number of the job superintendent at all construction enhances to allow Me surrounding property wnersfoccupaMs to conlact Me job superintendent. If Me City or Me job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective actions and report the actions to the complainant. a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project In excess of standards established In the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant with Mitigation Incorporated. A significant impact may occur if the Proposed Project would generate excess noise Mat would cause Me ambient noise environment at the Project Site to exceed noise level standards set forth in the Palm Desert Munidpal Code. Implementation of the Proposed Project would result in an increase in ambient noise levels during both construction and operation, as discussed in further detail below. The increased noise from construction activities would be temporary and limited by the Palm Desert Munidpal Code that restricts construction activity on Sunday and any other time between the hours of 8:00 p.m. and 6:30 a.m. the following day. Further, the City restricts construction hours during the evening, early morning, and Sundays. Based upon compliance with Me requirements of the Munidpal Code, short-term construction noise Impacts would be reduced to less Man significant levels. Therefore, impacts sweetened with Me exposure of parsons to noise levels in excess of standards contained within Me General Plan will be less Man significant. The constructlon of the Proposed residential use would generate short farm noise impacts. Construction activities have a short and temporary duration, lasting from a few days to a period of several months. Groindbome noise and other types of construction related noise impacts would typically occur during the initial site preparation, Mich can create Me highest levels of noise. Generally, site preparation has the shortest duration of all construction phases. Activities that occur during this phase include eaMmoving and soils compaction. High gmundbome noise levels can occur during this phase due M haul trucks, backhces, and other heavy-duty construction equipment. Construction activities have Me potential to expose adjacent land uses to noise levels between 70 and W decibels at 60 feet from the noise source. The degree of noise impact wouk be dependent upon the distance between the construction activity and the noise receptor. With compliance of the Municipal Code and Mitigation Measure NOW, short-term construction noise impacts would be reduced to a less Man significant level. b) Generation of, excessive grundbome vibration or groundborce noise levels? Less Than Significant Impact. Excavation and earthwork activities for Me Proposed Project have the potential fa generate low levels of gmundbome vibration. The operation of construction equipment generates vibrations Mat propagate through Me ground and diminishes in intensity with distance from Me source. Vibration impacts can range from no perceptible effects at the So score.,. oom,mn„ Palm axoem city FamEw it lowest vibration levels, to low rambling sounds and perceptible vibration at moderate levels, to slight damage of buildings at to highest levels. Thus, construction activides associated wilt the Proposed Project could have an adverse impact on sensitive structures (i.e., building damage). Construction vibration impacts include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periotls oftime. Building damage can be cosmetic orstructural. Ordinary buildings Nat are not paNcularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 25 feet. This distance can vary substantially depending on the soil composition and underground geological layer between vibration source and recelver. The classed buildings to to Project Site are located more than W than feet to the south of the Proposed! Project. The generation andlor exposure of persons or structures to excessive groundboms Abortion could result in significant impacts due to the short distance mom to Pmject Site. Therefore, mitigations measures NOI-1 have been imposed Therefore, the Proposed Project would have a less than significant impact. c) For a Project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? Less Than Significant Impact. A significant impact may occur if the Proposed Project were located within an airport land use plan and would introduce substantial new sources of noise or substantially add to existing sourcesof noise within or In to vicinity of the ProjectSite. The Project Site Is not located within two miles of a private airstrip or public use airport. The Proposed! Project would not expose people to excessive noise levels assodated wit airport uses as it Is not located within to vicinity of a public airport or public use airport or airport land use plan area or public airport or public use airport Therefore, impacts mom exposure to airport noise would be less tan significant. ®i s,mm,. wd:,,, Pmjw Paue51 city fRam nn xt XIV. Population and Housing Less Than Significant PabMMly with less Than Significant abortion Significant Impact IrcarcorNtl Impact NOVA Would Me protect a. Induce substantial unplanned population growM in an area, either directly (for example, by proposing w homes and businesses) orIndirectly (for ample, through extension of matls or other Mfrestmcture)? It. Displace substantial numbers of existing people or housing, frocrecitating the construction of replacement housing elsewhere? a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other Infrastructure)? Less Than Significant Impact. A significant impact may occur if the Proposed Pmject would locate new development such as homes, businesses, or infrastructure, with the effect of substantially inducing growM in the Proposed area Mat would otherwise not have occurred as rapidly or in as great a magnitude. The Pmposed Pmject is requesting a zone change from PR-5 to PRb. Based upon this, it is not anticipated Mat this development will significantly after where people locate or Me residential density within this area. Therefore, development of the proposed Project would not induce substantial population growth In Me area and Impacts would be less than significant. b) Displace substantial numbers of existing people or housing, necessitating Me construction of replacement housing elsewhere? No Impact. A signifcant impact may occur if the proposal project would result in the displacement of existing housing units, neraundruf ng Me construction of replacement housing elsewhere. The Proposed project would consist of Me development of a multi -family resitlential development on a site that is currently vacant and not previously developed. No displacement of existing housing would occur with Me Proposed Pmject. Thus, no impact would occur. tor, cmm„inum Prgv m exoam cryPeew Waallmoaal StAy A ... olm3 XV. Public Services Would the Project result in substantial adverse physical Impacts associated with the prevision of new orphysically altered governmental facilities, need far new orphysically altered governmental facilities, the construction of which pound cause significant environmental Impacts, In order to maintain accepfabla service ratios, resporue times orofherpmfonrence objectives for any of Me public services: Use Than Significant Palatably with Ieee Than significant Mltlil Significant Impact IrcareorNtl Impact No Im at a. Fire protection? ❑ ❑ ® ❑ b. Police prommin? ❑ ❑ ® ❑ c, Schools? ❑ ❑ ® ❑ J. Par"? ❑ ❑ ® ❑ e. Other public fedlides? ❑ ❑ ® ❑ a) Fireprotsction? Less Than Significant Impact. A Project would normally have a significant Impact on fire protection If It requires Me addition of a new fire station or the expansion, comalcatdn or relocation of an existing facility W maintain service. Riverside County Fire Burden, located at 739% Country Club Dr, Palm Deficit, CA 92260, Is located approximately 2.2 miles (driving distance) scum of the Project Site. The Applicant is required to comply wit all standards including public and private fire hydrants which provide water pressure and durations as specified by the Riverside County Fire Department. Therefore, a less Man significant impact to fire protection would occur. b) Police protection? Less Than Significant Impact. A significant Impact may occur if Me Palm Springs County Sheriff Department could not adequately soma Project, necessitating anew or physically altered station that would result In a physical adverse Impact upon the environment. The Palm Springs County Sheriff's Station, located at 73705 Gerald Ford Or, Palm Deal CA 92211 is located approximately 0.7 miles west of the Pmject Site. Standard conditions of approval, developed by the Public Safety CflfiW in conjunction with the Palm Desert Palion Department, will be applied to the Project requiring adequate lighting, ensuring tat landscaping and other barrels are physical security measures. In addition, the Applicant would be required to pay development impact fees to the City for police protection services. These fees are intended m offset any potential increase in services required by a project Based upon the implementation of Identified standards and conditions, impacts to police protection will be less than significant. Iranggame, onmmeie PincersPAWNcity wlinEwen c) Schools? Lass Than Significant Impact. A significant Impact may occur if a Project includes substantial employment or population groom, which mulct generate a demand for aMCDI facilities that would exceed the capacity of Me Palm Cased School District or the Desert Sands High School District. Prior to issuance of a building permit, the Applicant must pay all applicable aMODI facility development fees in accordance with Celffomia Goverment Code Section 65995. Pursuant to Goverment Code Section 65995, payment of development fees authorized by SB 50 are deemed to be 'full and complete school facilities mitigation' With the payment of School Development Fee, the Proposed Projects potential impact upon public school services would be less than significant. d) Parks? Less Than Significant Impact. A significant impact would occur R the recreation and park services available could not accommodate the Projecti population increase resulting from Implementation of a Project or H Me Proposed Project mouthed In the construction of new recreation and park facilities Mat create slgnMcaM direct or Indirect Impacts W the environment. A significant impact generally occurs if a Project includes substantial population growth through residential development that mulct generate an immosted demand in recreatinnal and park facilities. The Proposed Project includes the development of a 32-unit ocndominium development. Any Incremental need for open space as a result of the Proposed Project would be met by the Proposed Project's Proposed landscaping and open space areas. As such, the Proposed Project would not be expected to increase demand on the surrounding area and surrounding recreation and park facilities. Development of the Project Site is anticipated to increase the City's Population and thereby increase demand for parks and recreational programs. This increase was anticipated In adoption of the City's General Plan and deteimined W be mitigated through payment of park Impact fees by developers of residential property. These parkland development %as would prevent overuse and deterioration of existing parks and recreational facilities as the Project would fund improvements to existing park and recreational facilities. Any increase in recreation and park fadlities use would be minimal, and a less than significant impact would occur. a) Other public facilities? Less Than Significant Impact. A significant impact may occur If a Project includes substantial employment or population growth that could generate a demand he other public facilities, which would exceed the capacity available to serve the Project Site. Review of the Pmject indicates that this development will not create any unique public facilities which require extensive maintenance. The property owner will maintain all landscaping and buildings on -site. No portion of this Project is expected W have a significant impact on maintenance of public facilities as the Project will be assessed for drainage, sewer. and traffic impact fees to offset such impacts. The Project will also be required W pay a General Public Facility Development Impact Fee W mitigate impacts for public facilities. Therefore, the Proposed Project does not represent the potential for a significant adverse Impact to public services. ono mans Cmmmnm iuPM,,n aaoea city of Pair caw SWtly January=2 XVI. Recreation less Than Significant Potentially with Use Than Significant MXigaaon Significant impact Incorporated impact NOVA a. Would the Project increase the use of existing M neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of Me facility would occur or be accelerated? b. Does the Project include recreational facilities or ❑ require Me construction or expansion of recreational facilities which might have an adverse physical effect on the environment'! a) Would the Project Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated? Less Than Significant Impact. A sgnifcant impact may occur if the Project would include substantial employment or population growth, which would increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated. The Proposed Project would contribute to some population growth In the area but would also perks on -site of space for Me proposed residential use. As such, Me Proposed Projed Is not expected to result in the substantial increase In use of recreation and park facilities. There are sufficient park facilities In the Proposed Projects vidnity such that Mare would not be an undue amount of increased burden on the regional parks. In addition, the City of Palm Desert requires the Payment of park dedication fees from all new residential developmenls. Payment of such fees is intended to support future acquisticn of land and improvement of parks and recreational fatigue within the City. Al times, the City also may allow a developer the option for the dedication of park land in lieu of park fees. Accordingly, the Proposetl Projects impacts upon parks and recreational facilities would be less than significant b) Does the Project include recreational facilities or require Me construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less Than Significant Impact. A significant impact may occur if a Pmjed includes or requires the construction or expansion of park facilties and such construction would have a significant adverse effect on Me environment. Development of the Project She is anticipated M Increase the City's population and thereby Increase demand for parks and recreational programs. here Barer. one,nn Prpv Pnoass co of Pxrnntaev This increase was anticipated in adoption of the Cily's General Plan and determined to be mitigated through payment of park impact fees by developers of residential property. In addition, there are sufficient Park facilities in the Proposed Projects vicinity such that there would not be an undue amount of Increased burden on the regional parks. As such, the Proposed Project would not result in a substantial increase In use of recreational and park facilldes and does not require the consbuc ion or a cnimbn of recmatbnal facilities that might have an adverse Impact on the environment. Therefore, a less Man significant Impact would occur. ivri swewr• anmmm„ PmJW PAWN city fivinDNeZ XVII. Transportation/Traffic laearhmr slgnmwm Potentially non Less han significant xnllMtlun significant Impact Incorporated Impact RoW Impact Would the Project: a. Conflictwilh an applicable plan, ordinance or policy ❑ ❑ ® ❑ establishing m of effectiveness for the performance of the ci ulabon system. Takes into amount all modes of transportation including mass transit and n motonzed travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management ❑ ❑ ® ❑ program, including, but not limited to level of scrams sb odards and travel demand measures, or other sbandards established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including p p p IS either an increase in traffic levels or a change in location that results in substantial safely risks? d. Substantially increase hazards due to a design p p p IS feature (e.g., sharp curves or dangerous intersections) or incompatibleuses (e.g., farm equipment)? e. Result in inadequate emergency access? p p IS p f. Conflict with adopted policies, plans, or programs p p p IS regarding public transit, bicycle, or pedestrian facilities rolherwse decrease the performance or safely of such facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all names of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. A Vehicle Miles Traveled Screening Assessment was prepared by R2 Tragic Engineering Inc to evaluate Me hipgen oration forthe proposed 32unit condominium Project. Site access will be provided by the proposed Ross Lane at Gerald Forl Drive and Guanci Lane off of Shephad Lane. In occurrence with Me project screening methodologies listed in the County of Riverside Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled dated December 2020, Me Proposed Project is categorized as a small pmject of low- rise multi-amlly with less Man 147 dwelling units and would not conflict with any applicable plan. Therefore, impacts vmuld be lase Man significant. save senora mdommm Pmly Pzasn cihaf Feranmaf b) Conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant. The County Congested Management Plan (CMP) requires a LOS E or better for regional roadways. Project traffic is not expected ro confict with the CMP. The Project and background trefflc will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways. The General Plan would maintain the level of service standard (LOS E) for CMP Intersections and roadways wimin Me City of Palm Desert. The Proposed Project density Is well below that analyzed In the General Plan EIR and can therefore be considered consistent with Its analysis. Following Me payment of required fees such as TUMF and DIF, less Man signifrand impacts are anticipated relative to Me CMP. c) Result in a change in air traffic patbms, including either an Increase in traffic levels or a change in location that results in substantial safety risks? Nolmpact. A significant impact would occur if the Proposed Project wouM cause a change in air traffic patterns that would result in a substantial safety risk. The Proposed Project does not Include any aviation -related uses and would have no airport impact. It would also not require any modification of fight paths for Me existing airport. The Proposed Project will not result In direct Impact to air traffic. Therefore, no Impact would occur. d) Substantially increase hazards due to a design Nature (e.g., sharp curves ordangerous intersections) or Incompatible uses (e.g., harm equipment)? No Impact. A significant impact may occur if the Proposed Project includes new roadway design or introduces a new land use or features into an area with specific transportation requirements and characteristics that have not been previously experienced In Mat area, or if Project Site access or other features were designed in such a way as to create hazardous conditions. The Proposed Projact would not include unusual or hazardous design features. Therefore, no impacts would occur. e) Result in Inadequate emergency access? Less Than Significant Impact. A significant impact may occur if Me Project design would not provide emergency access meeting Me requirements of the City of Palm Desed, or in any other way threatened the ability of emergency vehicles to access and serve the Project Site or adjacent uses. The Project Site is not located in a disaster more Development of the Project Site may require temporary shallow partial street closures due to construction activities. Nonetheless,while such closures may cause temporary inconvenience, they would not be expected to substantially interfere wit emergency response or evacuation plans. The Proposed Project would not cause permanent alterations to vehicular circulation mutes and patterns, impede public access or travel tur E mi wakdm,an Pmly Pnoea ciN brv„oanzoad upon public rights -of -way. Fuller, the Proposed Project would be developed in a manner Mat satisfies the emergency response requirements of the City. There are no hazardous design features included in the access design or site plan for the Proposed Project that could impede emergency access. Therefore, the Proposed Project would not be expected to result in inadequate emergency access and impacts would be less than significant. 1) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise Worse" the perbrmance or safety of such facilities? No Impact. A significant Impact may occur If the Proposed Project would conflict with adopted policies or Involve modification of still alternative tmnspomillon facilities located on- or off - site. The Proposed Project would not require the disruption of public transportation services or the alteration of public transportation routes. The incremental transit riders resulting from the Proposed Project are net anticipated to result in a significant impact on transit lines serving the area. Since the Proposed Project would not modify or conflict with any alternative transportation policies, plans or programs, it would have no impact on such programs. iuswewr• oomm ,n„ Prole PAWN cty ivinDw i n.xf XVIII. Tribal Cultural Resources Would the Project reuse a suWmntisl adverse change in Me sign ffmar m of a got con rel resource, defined in Public Resources Code section 21074 as Sahara site, Audi place, cuRural landscape that is geographically defined in terms of Me size and smile of Me landscape, sacred place, orobject want cultural value to a California NffiNe American most, and that is: Lees Than Significant Potentially with Lees Than Significant Mitigation Significant Impact mcenceralad Impact NoNo� List" or eligible for listing In the California Register of Historical Resources, or In a local register of historical resources as defined In Public Resources Code notion 5020.1(k), or A resource daterminsd by the Intl agency, in Its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth In subdivision (c)of Public Resource Code Section 5024.1. In applying the criteria set forth In subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21070 as either a site, feature, place, cultural landscape that is geographically defined in temas of the size and scope of the landscape, started place, or object with cultural value to a California Native American tribe, and that Is: Listed or eligible for listing In the California Register of Historical Resources, or in a local register of historical resources as defined In Public Resources Code section 5020.1 (k)v Less Than Significant with Mitigation Incorporated. Public Resources Code Section 21004 2 establishes tat '[a] Project with an effect that may muse a substantial adverse change in the significance of a tribal cultural resource is a Project Mat may have a significant effect on the envilonderi A Project would muse a substantial adverse change in the significance of a tribal cultural resource with coal value to a California Natve American tribe if such resource is listed or eligible for listing in the Cellfomie Register of Historical Resources, or In a dotal register of historical resources as defined in Public Resources Code section 5020.1(k), or H such resource Is determined by the lead agency, In its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth In subdivision (c) of Public Resources Code Section ran, sambas concussionn wp.PAWN cryfFamn ant 5024.1. PRC 5024.1(c) states that '[a] resource may be listed as an histoncal resource in the California Register if it meets any of the following National Register of Hispanic Places criteria: 1. Is associated with events Nat have made a significant contribution to the broad patterns of Califomla's history and cul ual heritage. 2. Is associated with the lives of persons important in our past. 3. Embodies Me distinctive characteristics of a type, period, region, or method of constmction, or represents the work of an important creative individual, or possesses high artistic values. 4. Has yielded, or may be likely to yield, information important in prehistory or history. BioCultural, was retained to research Me prior archaeological studies recorded in the project vicinity and perform a sikeepedfic cul Ural resources Investigation report for Me Proposed Project Site. The Cultural Resources Assessment Report includes a detailed description of the regional prehistory and ethnography of Palm Cased. The Cultural Resources Assessment Report concluded that no previously or newly racoNed resources were identified dunng ether the records search orthe field surrey. Based on these findings, BioCuIWral concluded that no further cultural resources studies are recommended. However, it is Possible that unknown tribal cultural resources could be discovered on the Project Site, and if proper core is not taken during constmction, damage to or destruction of these unknown remains could occur. Mitigation Measure TCR-1 has been incorporated bemuse the presence or absence of such materials cannot be determined until the site Is excavated. Periodic monitoring during constmcllon is required to Identify any previously unidentified archaeological resources uncovered by Project construction activity. With the implementation of Mitigation Measure TCR-I, potential Impacts to tribal cultural resources would be less Nan significant. b) Would the Project cause a substantial adverse change In the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either site, feature, place, cultural landscape that is geographically defined in terms of Me size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth In subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tripe? Less Than Significant Impact. The Public Resources Code requires a lead agency to consult with any California Native American tribe that requests consutation and is traditionally and culturally affiliated with Me geographic area of a Proposed Project Based an the Project Site's lack of any known Name American resources or cultural or sacred sides, Me probability for the discovery of a known site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American Tribe is considered low. Notwithstanding Me lack of evidence of archaeological resources within the Pmject area, mitigation measures TCR-1 is recommended to address Me discovery of inadvertent finds. With the mitigation measures unit Bwtm,. wd,,�.,m Pmwr PAW61 ciN [reM[Dwwt referenced above, impacts to tribal cullwal resources would be less than sgnifwnt during Project construction. Mitigation Measure: TCR-I A Treatment and Disposition Plan (TDP) shall be established, in good faith ommultatbn with all relevant Parties, prior to the commencement of any and all ground-cisturbing activities far the pmjed, inducing any anclumm gical testing. The TDP Of provide debits regarding the process for In -field treatment of Inadvertent discovenes and the dlspositbn of Inadvertently discovered non -funerary resources. Inadvertent discoveries of human remains andmr funerary objed(s) are subjed to California State Health and Safety Cade Section 7050.5, and the subsequent disposition of those disooveries shall be decided by the Most Likely Descendent (MILD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American In origin. rm swe r, mm,mm PmJW Pnaem city fwrnnmxt XIX. Utilities and Service Systems Use Than Significant Potentially with Use Than slgnlnaam litigation significant Impact Incorporated Impact No M�xl Would the Project: a. Require or result in the relocation or construction of ❑ ❑ R ❑ new or expanded water, wastewater Malment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b. Have sufficient water supplies available to servethe ❑ ❑ 0 ❑ Project and reasonable foreseeable future development during normal, dry and multiple dry years? c Result in a determination by the wastewater ❑ ❑ 0 ❑ treatment provider which serves or may serve the Project that it has adequate capacity to serve the Projees Projected demand in addition to Me provider's existing commitments? d. Generous solid waste in excess of Stets or local ❑ ❑ 0 ❑ standards, o of the capacity of local case infrastructure, or otherxlimpair Me aHainment of solid waste reduction goals? e. Comply with formal, state, and local management ❑ ❑ 0 ❑ and reduction statutes and regulations related to solid waste? a) Require or result in the relocation or construction of new or expanded water, wutawatar treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effech? Less Than Significant Impact. The Project falls under the )udsdlction of the Coachella Valley Water District (CVWD) wastewater servicar anva. CMD has developed a sewer System Management Plan (SSMP) pursuant to the State Water Reaourcea Control Bgerd Order No. 2006 0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The primary goal of the SSMP is to minimize frequency and severity of Sanitary Sewer Overgrown (55Os). The SSMP will rover the management, planning, design, and operation and meintenamas of the Districts sanitary sewer system. The wastewater system serves approximately 265,000 customers. The system collects municipal waste from residential and cwmmeroial users, delivering the collecletl wastewater to one of six Wastewater Reclamation Plants. The system includes approximately 1,100 miles of sewer, 34lig stations and approximately 17,000 manholes. own, wars, o„mmaw ?,awr Pagaaa cty ia�„aanzoxf The Project proposes a multi -family residential development compnsed of 32-condominium which will result in an increase in wastewater flows. The infrastructure and design components for the Project will be consistent with CV WD requirements and water management plan. The Project will also be reviewed by CMD and City staff to assure compliance with all current and applicable wastewater sentiment requirements. Therefore, the Project is not expected to exceed wastewater treatment requirements of the Regional Water Quality Control Bi Less Man sgni0cant Impacts are expected. b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry year:? Less Than Significant Impact. A significant impact may occur if a Project would increase water consumption W such a degree Mat new water souroes would need to be identified. City General Plan policies required that any water infrastructure necessary to serve Me site would be financed and constructed! by the Project. Based on the Detrict's present system capacity and planned improvement Pmjects, sufident water facilities are available to serve the Project and the construction of new facilities or Me expansion of existing facilities will not be required. Wastewater flows are discharged to local collector and lateral sewer lines for conveyance to trunk mainlines. The wastewater generated by the Project Site will be collected by the Districts antl conveyed for treatment The County Sanitation Districts will be provided copies of Me proposed plans for review, in order to determined adequate capacity exists within Me District's wastewater treatment facilities to serve the development and If District's facilities would be Impacted. Additionally, Palm Devout Municipal Code, requires that all new buildings constructed for human occupancy In the City of Palm Desert be connected to a public sewer unless the parcel complies with General Plan. Therefore, the Proposed Project would not require or result In Me construction of new water or wastewater treatment facilities and impacts would be less Man significant. c) Result In a determination by the wastewater treatment provider which serves or may same the Project that it has adequate capacity W serve the Projects Projected demand in addition to the provider's existing commitments? Less Than Significant Impact. A significant Impact would occur If a Project exceeds wastewater treatment requirements of to applicable Regional Water Quality Control Board Section 13260 of Me California Water Code states Mat persons E'schriMing or proposing to discharge waste Mat could affect to quality of to waters of the Sfate, other than into a communitysewer system, shall file a Report of Waste Discharge (ROWD) containing information which may be required by the appropriate Regional Water Quality Control Spend (RWQCB). The RWQCB Men authorizes an NPDES permit that ensures compliance wit wastewater treatment and discharge requirements. Wastewater from the Project Site is conveyed via municipal sewage infrastructure. Wastewater from Me Project Site is and woultl continue to be treated according W the wastewater treatment requirements enforced by the RWQCB. Therefore, a less than significant impact would occur. im®i Bwe r, oommom Palo Pnoau ciN�ma�=neox¢ d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the afiainment of solid waste reduction gals? Less Than Significant Impact. A significant Impact may occur if a Pmjectwere to increase solid waste generefion to a degree such that the existing and Pmjected landfill capacity would be insufficient to accommodate the additional solid waste. State law (AB 341) currently requires at least 50%solitl waste divereion and establishes a state-wide goal of not less Nan 75% of solid waste generated be source reduced, recycled, or composted by the year 2020. Moreover, stale law requires mandatory commercial recycling in all businesses and multifamily complexes and imposes additional reporting requirements on local agencies. The Proposed Pmject would follow all applicable solid waste policies and objectives that are required by law, statute, or regulation. Under the requirements of the hauler's AB 939 Compliance Permit from the Bureau of Sanitation, all construction debris would be delivered to a Certified Construction and Demolition Waste Processing Facility. In compliance with AB 341, recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass and other recyclable material. These bins shall be emptied and recycled accordingly as a pad of the Proposed Project's regular solid wane disposal program. Therefore, compliance with City Ordinances associated with minimizing water usage, impacts to water supplies will be retluostl to a less Nan significant level. a) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Less Than Significant Impact. Solid waste management in the State is primarily guided by the California Integrated Waste Management Ad of 1989 (AB 939), which emphasizes resource conservation through reduction, recycling, and reuse of solitl waste. The Palm Desert Municipal Code mandates that all residential developments within the City limits maintain trash service with the city's franchise. The Proposed Project will be required to participate in regional source reduction and recycling programs further reducing the amount of solid waste to be disposed of. In order for the County Sanitation Dlstrids to comorm to the requirements of the Federal Clean Air Ad (CAA), the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by SCAG. Specific policies Included In the development of the SCAG regional gowN forecast are incorporated into dean air plans, which are prepared by the SCAOMD and the CVAOMD in order to impose air quality in the South Coast and Coachella Valley Air Basins as mandated bythe CCA. All expansionsof the Districtsfacilities must be sued, and sernce phased in a manner that will be consistent with the SCAG regional growth forecasts. The Proposed Project will therefore comply with Federal, State and local statutes antl will not result in any significant impacts related to solid waste. mmri orts„ onmmri,Pals rants city Parnn xom XX. Wildfire Use Than Significant Pal dly with Lase Than Significant Mitigation Significant Impact IrcaraorNtl Impact No kn act Would the project a. Substantially Impair an adopted emergency response plan or emergency evacuation plan? b. Due to elope, prevailing winds, and other factors, exacerbate wildfire dSks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c. Require Me Installation or maintenance of ases"Nand Infrastructure (Such as roads, fuel breaks, emergency water sources power lines or other utUMN) Mat may exacerbate fire risk or that may result in temporary or ongoing impacts to the environamerm? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of snuff, post -fire slope Instability, or drainage changes? Responses from a. through III: No Impact. A potential significant impact upon wildfire hazards multi occur H Me Project Site were to be located on state responsibility areas or lands classified as very high fire hazard severity zones. A review of the Califomla Fire Hazard Severity Database was conducted, which revealed that the Proposed Project She is not located within a state responsibility urge or land classified as a very high fire hazard seventy zone. Therefore, this checklist question is not applicable to the Proposed Project and no impact would occur. Sam, am Bxur8 m,mmnlu PmJW PAWN cnyeRemwasw XXI. Mandatory Findings of Significance Use Than slgnmum Potentially with Use Than significant MX anon significant Impact InmmwNa Impact No mx�xt a. Does Me Project have the potential W substamialy ❑ ® ❑ ❑ degrade Me quality of the environment, substantially reduce Me habitat of a fish owildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce Me umber or restrict Me range as rare or endangered plant or animal or eliminate important examples of the major pariotls of California history or prehistory? It. Does the Project have impacts that are individually D ® D p limited, but Cumulatively nsiaerable? ("Cumulativelyconsiderable" means that the anal effects of a Project are considerable when wed in connection with the effects of Past Projects, the effects of other current Projects, and the effects of probable future Projectsl? C. Does the Project have environmental effects which D ® D p will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the Project have the Potential to substantially degreee the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major Periods of California history or prehistory? Less Than Significant with Mitigation Incorporated. A significant impact would occur only if the Proposed Project results in potentially significant Impacts for any of the above Issues. The Proposed Project is located In an urban area and would have no unmitigated significant impacts with respect to biological resources or California's history or pre -history. As noted in the analysis above, the Project Site Is vacant, however, It does not support any substantial habitat of a fish or wildlife species. No heave vegetation exists on the Project Site. Compliance with standard regulatory compliance measures would retluce potential impacts upon migratory bird species, should construction commence during the breeding season. Additionally, although no known direct Impacts to historic resources are anticipated, compliance with existing regulations and Mitigation Measures CUL-1 and CUL-2 would ensure any Impacts upon cultural resources are at a Was Man significant level In Me unllkey event any such historic, or arohaeological materials are accidentally discovered during the construction precess. ian®i Swtar, aam,nwia P,aleu Pngen ciri[P^uenmat With respect to paleontological resources, Mitigation CR-1 and CR-2 has been incorporated. Excavations that extend doom below five feet may encounter significant fossil vertebrate specimens. Any substantial excavations below the uppermost layers in the Proposed Projectarea Is required to be monitored closely to quickly and professionally recover any basil remains discovered while not Impeding development. With adherence to regulatory compliance measures and vibration Measure MM-BIO-I and BIC-3, any Impacts to biological resources and hydrology would be mitlgated to a less-thansignllicant level. Theodore, with mitigation and adherence to regulatory compliance measures, the Proposed Project would not have the potential to degrade the quality of the environment, reduce or threaten any fish or wildlife species (endangered or otherwise, or eliminate important examples of the major periods of CelRoma history or pre- history. b) aces the Project have impacts that am individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a Project are considerable when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects)? Less than Significant with Mitigation Incorporated, A significant impact may occur if the Proposed Project in conjunction with other related Projects in the area of the Project Site, woultl result in impacts that would the less than significant when viewed separately, but would be significant when viewed together. As concluded in this anayais, the Proposed Projects Incremental contribution to cumulative impacts related to aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, geologylsmis, greenhouse gas emissions, hazanhahazardous materials, hydrologyAvater quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transporardonllrxffic, utilities, tribal cultural resources, and wildland fire hazards would be less Man significant with the Incorporation of mitigation measures BIO-1, BIC-2, 13I03, CR-1, OR-2, NOW, and TCR-1. As such, the Proposed Projects contribution to emulative impacts would be less than significant. c) Does the Project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant with Mitigation Incorporated. A significant impact may occur lt the Proposed Project has the potential to result in significant impacts, as discussed in the preceding sections. Based on the preceding environmental analysis, the Proposed Project would not have significant environmental effects on human beings, either directly or indirectly after mitigation Thus, with mitigation measure NOI-1, any potentially significant impacts to humans would be less than signifcant. comb Bwbar. onmmmio Prole Pnca® city fFv MDsxt Section 5. Preparers and Persons Consulted Lead Agency City of Palm Desert Planning Division 73510 Fred Waning Drive Palm Desert, CA gum Proles Applicant Desert Luxury Apartment LLC 2755 S. Nellis BNd., Suite #10, Las Vegas, NV 89121 Environmental Consultant Elevated Entitlements 280 E. Thousand Oaks BNd. Suite H Thousand Oaks, CA 91360 Architect Circa Domini International, LLC 16520 Blake Partway, Suite 00 Irvine, CA 92618 Biologist Elevated Entitlements 280 E. Thousand Oaks BNd. Suite H Thousand Oaks, CA 91360 Cultural Consultant BioCulwral mntact@biocultuml.net 323-909-2461 ®is„emr. mdonsiin Pmj. PAWN csa[n�M im a byt►�Ciy_��Li]p�yp]�J►[i];71p1e�e1 I H:7 y 7�]9�Ip(el :1;bZ4IRA 1LVi I Mitigation Measure Monitoring Responsibility Monitoring/Reporting Action & Schedule Monitoring Compliance Complete (Name/Date) Biological Resources BIO-1: Pre -construction Surveys to Planning Avoid Impacts to Nesting Birds Division In order to avoid impacting nesting birds, avoidance of project -related disturbance during the nesting season would be required (generally from approximately February 1 to August 31). Alternatively, nesting bird surveys conducted by a qualified biologist immediately prior to project related disturbance during the nesting season would be required. If nesting birds are present, no work would be permitted near the nest until young have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100 — 300 feet for songbirds. The implementation of this mitigation measure may be conducted in concurrence with the Burrowing Owl pre -construction surveys, which would also ensure avoidance of other protected bird species such as the Loggerhead Shrike and Le Conte's thrasher, which have a potential to occur on the site. BIO-2: Pre -construction Surveys for Planning Burrowing Owls Division Impacts to this species, if present on the site, can be accomplished by take avoidance (pre -construction) surveys. CDFW recommends two take avoidance surveys. The first shall occur between 14 and 30 days prior to ground disturbance and the second within 24 hours of ground disturbance. If owls are located on the Project Site, conducting the first clearance survey 14 to 30 days prior to ground disturbance enables the project proponent to consult with CDFW to January 18, 2022 MITIGATION MONITORING AND REPORTING PROGRAM determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project. BIO-3: Mitigation for Impacts to Planning Vegetation Community(Habitat) Division The following mitigation Measure is proposed to offset impacts to disturbed native scrub habitat on the project site: • The Project shall limit disturbance to the approved Project Development Footprint, Minimize impacts to adjacent natural areas; • The Project shall implement dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities; • The Project shall control invasive and non-native plant species to reduce the potential for these species to spread to adjacent vegetation communities; The Applicant shall coordinate with the City regarding the landscape Plan for the development and shall plant applicable native plants as part of the Project landscaping; • The Applicant shall pay the most current CVMSHCP Mitigation Fee to the City. The Project Site lies within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and is, therefore, subject to per residential unit fees. The precise amount shall be determined by the City of Palm Desert and is based upon the fee requirements at the time of approval. In addition to the implementation of the recommended mitigation measures discussed above, the payment of the mitigation fee to the City would offset impacts to species that are not covered under the CVMSHCP and therefore, the project would have less than significant adverse impacts to January 18, 2022 MITIGATION MONITORING AND REPORTING PROGRAM biological resources beyond the confines of the Proposed Project development. Cultural ResouMN CUL-1: If during the course of grading or Planning construction, artifacts or other cultural Division resources are discovered, all grading on the site shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the cost of, the applicant to identify the resource and recommended mitigation if the resource is culturally significant. The archaeologist shall be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Aqua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register CUL-2: The presence of an approved Planning Native American Cultural Resource Division Monitor(s) shall be required during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the monitor may request that destructive construction halt and the monitor shall notify a qualified archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the Agua Caliente Tribal Historic Preservation Office (THPO). The archaeologist shall be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of Riverside and the Agua Caliente THPO for permanent inclusion in the Agua Caliente Cultural Register. Noise NOI-1: For all construction -related Planning activities, noise attenuation techniques Division January 18, 2022 MITIGATION MONITORING AND REPORTING PROGRAM shall be employed, as appropriate, to reduce noise levels to the extent feasible during the construction phase. The following noise attenuation techniques shall be incorporated to reduce potential impacts of construction noise: • Ensure that construction equipment is equipped with properly operating and maintained mufflers consistent with manufacturer's standards. • Place noise -generating construction equipment and locate construction staging areas away from sensitive receptors, where feasible. • Schedule high noise -producing activities between the hours of 7:00 a.m. and 5:00 p.m. to minimize disruption to sensitive receptors. • Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • All stationary construction equipment (e.g., air compressor, generators, impact wrenches, etc.) shall be operated as far away from residential uses as possible and shall be shielded with temporary sound barriers, sound aprons or sound skins. • Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. • During all construction activities, the job superintendent shall limit all construction -related activities to between the hours 6:30 a.m. and 8:00 p.m. Monday through Saturday. • Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow the January 18, 2022 MITIGATION MONITORING AND REPORTING PROGRAM to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective actions and report the actions to the complainant. Tribal Cultural Reso TCR-1: A Treatment and Disposition Plan Planning (TDP) shall be established, in good faith Division consultation with all relevant Parties, prior to the commencement of any and all ground -disturbing activities for the project, including any archaeological testing. The TDP will provide details regarding the process for in -field treatment of inadvertent discoveries and the disposition of inadvertently discovered non -funerary resources. Inadvertent discoveries of human remains and/or funerary object(s) are subject to California State Health and Safety Code Section 7050.5, and the subsequent disposition of those discoveries shall be decided by the Most Likely Descendent (MILD), as determined by the Native American Heritage Commission (NAHC), should those findings be determined as Native American in origin. January 18, 2022 BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT APN: 693-300-003 Lead Agency: City of Palm Desert Prepared For: Desert Luxury Apartments LLC 2755 S. Nellis Boulevard, Suite 10 Las Vegas, Nevada 89121 Prepared By: Elevated Entitlements LLC 449 Rayburn Street Thousand Oaks, California 91361 March 29, 2021 BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT 1 Table of Contents 1.0 SUMMARY ...................................................................................................................... 1 2.0 METHODOLOGY ............................................................................................................ 2 3.0 REGULATORY FRAMEWORK .......................................................................................... 3 4.0 EXISTING CONDITIONS ................................................................................................. 7 4.1 GENERAL 7 4.2 WILDLIFE 8 4.3 JURISDICTIONAL WATERS 8 4.4 HABITAT CONNECTIVITY AND WILDLIFE MOVEMENTS 8 5.0 BIOLOGICAL CONSTRAINTS & RECOMMENDATIONS .................................................. 9 5.1 SPECIAL STATUS PLANTS AND ANIMALS 9 5.2 NATIVE VEGETATION/HABITAT 5 5.3 NATIVE AND NON-NATIVE TREES 5 5.4 PROJECT CONSTRAINTS & RECOMMENDED MITIGATION MEASURES 5 6.0 REFERENCES ................................................................................................................... 1 Figure 2 Project Location Map 3 Figure 3 Conceptual Project Site Plan on Aerial Overlay 4 Figure 4 Vegetation Communities Map 5 Figure 5 Project Site Photograph 1 6 Figure 6 Project Site Photograph 2 7 Figure 7 Project Site Photograph 3 8 Figure 8 Project Site Photograph 4 9 Figure 9 Project Site Photograph 5 10 Figure 10 Project Site Photograph 6 11 BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT 2 LIST OF TABLES Table 1 Special-Status Plant/Animal Species with Potential to Occur on Project Site 5.5 LIST OF FIGURES Figure 1 Project Vicinity Map A.2 Figure 2 Project Location Map A.3 Figure 3 Conceptual Project Site Plan on Aerial Overlay A.4 Figure 4 Vegetation Communities Map A.5 Figure 5 Project Site Photograph 1 A.6 Figure 6 Project Site Photograph 2 A.7 Figure 7 Project Site Photograph 3 A.8 Figure 8 Project Site Photograph 4 A.9 Figure 9 Project Site Photograph 5 A.10 Figure 10 Project Site Photograph 6 A.11 LIST OF APPENDICES APPENDIX A 1 BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 1 1.0 SUMMARY Desert Luxury Apartments LLC (Applicant) is proposing to build a 32-unit condominium project on a 3.91-acre parcel located at the southwest corner of Gerald Ford Drive and Shepherd Lane in Palm Desert, California. The subject of this proposal is the development of a 24-unit condominium project consisting of a pool house, swimming pool, spa, community landscape area, and detention pond. The vacant site is approximately 3.91-acres. The project site consists of one parcel, APN# 694-300-003, occurring within the City of Palm Desert, Riverside County jurisdiction. The Project Site is located in an area that is covered by the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), but is not located in a CVMSHCP’s Conservation Area. A reconnaissance-level biological survey conducted on March 25, 2021 at the Project Site revealed that the habitat occurring on the Project Site is characteristic of disturbed desert habitat. Although species occurrence records indicate potential for several special status plants and wildlife species to occur in the project area, the habitat on site is generally of low quality. The Project Site is located in a highly urbanized setting, surrou nded by roadways and residential housing, and easily accessible to people. These factors render the Project Site less than optimal to support special status plants and wildlife species. The following special status species have a low to moderate potential to occur on the Project Site: Coachella-valley milk-vetch, Flat-seeded Spurge, Burrowing Owl, Loggerhead Shrike, Flat-tailed Horned Lizard, Coachella Valley Fringe-toed Lizard. The Project Site is not within any preserved lands for the Flat-tailed horned lizard. The extent of the Project Site has the potential to host native breeding bird species protected under the Migratory Bird Treaty Act (MBTA). There are no hydrological nor drainage features on the Project Site that qualify as “Waters of the United States,” and/or “State Waters” subject to jurisdictional authority of the United States Army Corps of Engineers (ACOE), Regional Water Quality Control Board, and California Department of Fish and Wildlife (CDFW), respectively. There are no protected trees on the parcel. As stated earlier, the Project’s area of potential disturbance does not lie within a Conservation Area of the CVMSHCP. Therefore, the Proposed Project is not subject to CVMSHCP requirements. Under the rules of the CVMSHCP, however, the project may be required to pay a pe-dwelling mitigation fee to the City, to offset potential impacts to biological resources. Although burrowing owls, flat-tailed horned lizard, and Coachella valley fringe-toed lizards are covered species under the CVMSHCP, mitigation measures are recommended to avoid impacts to these resources. In addition, measures to protect nesting birds under the MBTA is recommended. With the implementation of the required mitigation (fee payment); and the recommended mitigation measures, the proposed project development is not expected to result in significant adverse impacts to sensitive species or other biological resources beyond the Project site. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 2 Introduction The approximately 3.91-acre Project site (APN# 694-300-003) is located in the northwest quadrant of Gerald Ford Drive and Portola Road, in the City of Palm Desert. The Project Site occurs in the western portion of the Coachella Valley area of Riverside County and is situated south of Interstate 10 (Figures 1 and 2). To the north, south, east and west, are roadways and residential development. Desert Luxury Apartments LLC (Applicant) is proposing to build a 32-unit condominium project on the parcel (Project). Figure 3 is a conceptual overlay of the proposed project design plans on an aerial base map of the Project site. On March 25, 2021, Elevated Entitlements staff conducted a general reconnaissance-level biological assessment of the Project site. The site survey and this report are intended to: a) characterize the existing biological conditions at the site, b) to evaluate and discuss the potential for special status plants and wildlife species to occur on the site, c) to identify those biological resources that may pose a constraint to the development of the site and d) to recommend general resource management measures to facilitate the Applicant to avoid or minimize impacts, if feasible. Elevated Entitlements staff evaluated the potential for on-site and adjacent habitats to support special-status plant and/or animal species. In addition, the staff identified whether the site could serve as an important regional wildlife movement corridor or habitat linkage to other open space areas, and whether any potential jurisdictional resources under the protection of the ACOE, the CDFW, and/or RWQCB potentially occur on the site. Since the purpose of this evaluation was to generally identify potential biological constraints to development, focused/protocol-level surveys for plant or animal species were not conducted. 2.0 METHODOLOGY On March 25, 2021, a reconnaissance-level biological survey/habitat assessment of the parcel was conducted by Elevated Entitlements staff. The entire site within the proposed development footprint and immediate adjacent areas was traversed on foot to assess site characteristics and dominant habitat areas on the site. Prior to visiting the site, a query of the California Department of Fish and Game’s California Natural Diversity Database (CNDDB) (CDFW 2021) and California Native Plant Society Database (CNPS 2021) was conducted to identify special-status plant or animal species previously recorded in the area. The CNDDB lists historical and recently recorded occurrences of both special-status plant and animal species, and the CNPS database lists historical and recent occurrences of special-status plant species. The areas searched included a minimum radius of 1 mile around the project site and included the Cathedral U.S. Geological Survey (USGS) 7.5-minute quadrangle (project location), and the Myoma Quadrangles. A list of plants and wildlife observed on the property was created using the Plant Taxonomy by Holland (1986) and Sawyer et al. (2009). Other standard references used for the survey include Sibley (2003), Stebbins (2003), Jameson and Peters (2004). Prior to conducting the field survey of the project site, EE staff also reviewed aerial photography of the Study Area (Google Earth Maps, 2019), U.S. Fish and Wildlife Service Critical Habitat Online Mapper (http://criticalhabitat,fws.gov/), and the Coachella Valley MSHCP (CVMSHCP) web site (https://cvmshcp.org/index.htm). In addition, relevant biological assessment reports for past projects in the vicinity was also reviewed as reference, The potential for special-status species to occur on the project site is based on the proximity of the site to recorded occurrences listed in the CNDDB and CNPS databases, on-site vegetation and BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 3 habitat quality, topography, elevation, soils, surrounding land uses, habitat preferences, and geographic ranges of special-status plant and animal species known to occur in the region. 3.0 REGULATORY FRAMEWORK Federal Endangered Species Act (ESA) – The United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service are the designated federal agencies accountable for administering the ESA. The ESA defines species as “endangered” or “threatened” and provides regulatory protection at the federal level. • Section 9 of the ESA prohibits the “take” of listed (i.e., endangered or threatened) species. The ESA’s definition of take is “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such conduct.” Recognizing that take cannot always be avoided, Section 10(a) includes provisions for take that is incidental to, but not the purpose of, otherwise lawful activities. Specifically, Section 10(a) (1) (A) permits (authorized take permits) are issued for scientific purposes. Section 10(a) (1) (B) permits (incidental take permits) are issued for the incidental take of listed species that does not jeopardize the species. • Section 7 (a) (2) requires federal agencies to evaluate the proposed project with respect to listed or proposed listed species and their respective critical habitat (if applicable). Federal agencies must employ programs for the conservation of listed species and are prohibited from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat.” o As defined by the ESA, “individuals, organizations, states, local governments, and other non- federal entities are affected by the designation of critical habitat only if their actions occur on federal lands, require a federal permit, license, or other authorization, or involve federal funding. • Section 10(a) of the ESA authorizes the issuance of incidental take permits and establishes standards for the content of habitat conservation plans (see Section 3.3 below). Migratory Bird Treaty Act (MBTA) – Treaties signed by the U.S., Great Britain, Mexico, Japan, and the countries of the former Soviet Union make it unlawful to pursue, capture, kill, and/or possess, or attempt to engage in any such conduct to any migratory bird, nest, egg or parts thereof listed in the document. As with the ESA, the MBTA also allows the Secretary of the Interior to grant permits for the incidental take of these protected migratory bird species. National Environmental Policy Act (NEPA) – If portions of a proposed project could fall under the jurisdiction of a federal agency (i.e., U.S. Bureau of Reclamation, U.S. Army Corps of Engineers) they are subject to environmental review pursuant to NEPA. NEPA establishes certain criteria that must be adhered to for any project that is “financed, assisted, conducted or approved” by a federal agency. The federal lead agency is required to “determine whether the proposed action will significantly affect the quality of the human environment.” BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 4 Section 404 of the Clean Water Act – This section of the Clean Water Act, administered by the U.S. Army Corps of Engineers (USACE), regulates the discharge of dredged and fill material into “waters of the United States.” The USACE has created a series of nationwide permits that authorize certain activities within waters of the U.S. provided that the proposed activity does not exceed the impact threshold of 0.5 acre for nationwide permits, takes steps to avoid impacts to wetlands and other designated U.S. waters where practicable, minimizes potential impacts to wetlands, and provides compensation for any remaining, unavoidable impacts through activities to restore or create wetlands. For projects that exceed the threshold for nationwide permits, individual permits under Section 404 can be issued. An inspection of the project site to determine presence or absence of potential jurisdictional wetlands and waters was conducted during the above mentioned general biological assessment. State California Endangered Species Act (CESA) – This legislation is similar to the federal ESA, but it is administered by the California Department of Fish and Wildlife (CDFW – formerly Department of Fish and Game). The CDFW is authorized to enter into “memoranda of understanding” with individuals, public agencies, and other institutions to import, export, take, or possess state-listed species for scientific, educational, or management purposes. CESA prohibits the take of state- listed species except as otherwise provided in state law. Unlike the federal ESA, the CESA applies the take prohibitions to species currently petitioned for state-listing status (candidate species). State lead agencies are required to consult with CDFW to ensure that actions are not likely to jeopardize the continued existence of any state-listed species or result in the destruction or degradation of occupied habitat. California Environmental Quality Act (CEQA) – The basic goal of CEQA is to maintain a high- quality environment now and in the future. The specific goals are for California's public agencies to: 1. identify the significant environmental effects of their actions; and, either 2. avoid those significant environmental effects, where feasible; or 3. mitigate those significant environmental effects, where feasible. CEQA applies to "projects" proposed to be undertaken or requiring approval by state and local government agencies. Projects are activities that have the potential to have a physical impact on the environment and may include the enactment of zoning ordinances, the issuance of conditional use permits and the approval of tentative subdivision maps. Where a project requires approvals from more than one public agency, CEQA requires one of these public agencies to serve as the "lead agency." A "lead agency" must complete the environmental review process required by CEQA. The most basic steps of the environmental review process are to: 4. Determine if the activity is a "project" subject to CEQA; 5. Determine if the "project" is exempt from CEQA; 6. Perform an Initial Study to identify the environmental impacts of the project and determine whether the identified impacts are "significant". Based on its findings of "significance", the lead agency prepares one of the following environmental review documents: BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 5 a) Negative Declaration if it finds no "significant" impacts; b) Mitigated Negative Declaration if it finds "significant" impacts but revises the project to avoid or mitigate those significant impacts; c) Environmental Impact Report (EIR) if it finds "significant" impacts. While there is no ironclad definition of "significance", Article 5 of the State CEQA Guidelines provides criteria to lead agencies in determining whether a project may have significant effects. The Native Plant Protection Act (NPPA) – The NPPA includes measures to preserve, protect, and enhance rare and endangered native plant species. Definitions for “rare and endangered” are different from those contained in CESA. However, the list of species afforded protection in accordance with the NPPA includes those listed as rare and endangered under CESA. NPPA provides limitations on take as follows: “no person will import into this state, or take, possess, or sell within this state” any rare or endangered native plants, except in accordance with the provisions outlined in the act. If a landowner is notified by CDFW, pursuant to section 1903.5 that a rare or endangered plant is growing on their property, the landowner shall notify CDFW at least 10 days prior to the changing of land uses to allow CDFW to salvage the plants. Natural Community Conservation Planning (NCCP) Program – A NCCP, which is managed by the CDFW, is intended to conserve multiple species and their associated habitats, while also providing for compatible use of private lands. Through local planning, the NCCP planning process is designed to provide protection for wildlife and natural habitats before the environment becomes so fragmented or degraded by development that species listing is required under CESA. Instead of conserving small, often isolated “islands” of habitat for just one listed species, agencies, local jurisdictions, and/or other interested parties have an opportunity through the NCCP to work cooperatively to develop plans that consider broad areas of land for conservation that would provide habitat for many species. Partners enroll in the programs and, by mutual consent, areas considered to have high conservation priorities or values are set aside and protected from development. Partners may also agree to study, monitor, and develop management plans for these high value “reserve” areas. The NCCP provides an avenue for fostering economic growth by allowing approved development in areas with lower conservation value. The project site is in a combined Habitat Conservation Plan (HCP) / NCCP, see Section 1.3.3. Sections 1600-1603 of the State Fish and Game Code – The California Fish and Game (Wildlife) Code, pursuant to Sections 1600 through 1603, regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake that supports fish or wildlife resources. Under state code, CDFW jurisdiction is assessed in the field based on one, or a combination, of the following criteria: 7. At minimum, intermittent and seasonal flow through a bed or channel with banks and that also supports fish or other aquatic life. 8. A watercourse having a surface or subsurface flow regime that supports or that has supported riparian vegetation. 9. Hydrogeomorphically distinct top-of-embankment to top-of-embankment limits. 10. Outer ground cover and canopy extents of, typically, riparian associated vegetation species that would be sustained by surface and/or subsurface waters of the watercourse. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 6 The CDFW requires that public and private interests apply for a “Streambed Alteration Agreement” for any project that may impact a streambed or wetland. The CDFW has maintained a “no net loss” policy regarding impacts to streams and waterways and requires replacement of lost habitats on at least a 1:1 ratio. Section 2081 of the State Fish and Game Code – Under Section 2081 of the California Fish and Game Code, the CDFW authorizes individuals or public agencies to import, export, take, or possess state endangered, threatened, or candidate species in California through permits or memoranda of understanding. These acts, which are otherwise prohibited, may be authorized through permits or “memoranda of understanding” if (1) the take is incidental to otherwise lawful activities, (2) impacts of the take are minimized and fully mitigated, (3) the permit is consistent with regulations adopted in accordance with any recovery plan for the species in question, and (4) the applicant ensures suitable funding to implement the measures required by the CDFW. The CDFW shall make this determination based on the best scientific information reasonably available and shall include consideration of the species’ capability to survive and reproduce. Section 3505.5 of the State Fish and Game Code – This section makes it unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds-of-prey, e.g.: owls, hawks, eagles, etc.) or to take, possess, or destroy the nest or eggs of any bird-of-prey. CVAG/Coachella Valley Conservation Commission Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)/ NCCP – Subsequent to the establishment of the Fringe-toed Lizard HCP in the early 1980s, continued growth in the Coachella Valley impacted other species and their habitats. Several species that occur in the Coachella Valley have been listed as threatened or endangered, and several more have been proposed for listing or identified as candidates for listing. A scoping study was prepared for the Coachella Valley Association of Governments (CVAG) by the Coachella Valley Mountains Conservancy (Conservancy) in 1994. It was recommended that a Multiple Species Habitat Conservation Plan (MSHCP) be prepared for the entire Coachella Valley and surrounding mountains to address potential state and federal Endangered Species Act issues in the proposed MSHCP area. Subsequently, a Memorandum of Understanding (MOU) was developed to govern the preparation of the MSHCP. In late 1995 and early 1996, the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, Coachella Valley Water District, Riverside County Flood Control and Water Conservation District, Imperial Irrigation District, the County of Riverside, USFWS, CDFW, the Bureau of Land Management (BLM), the U. S. Forest Service (USFS), and the National Park Service (NPS) signed the MOU to initiate the planning effort. In late 1996 and early 1997 the parties to the MOU approved an amendment stipulating that the MSHCP will meet the intent of the Natural Community Conservation Planning (NCCP) Act as well as the California Endangered Species Act (CESA) and the Federal Endangered Species Act (FESA), and, further, that the MOU constitutes an agreement to prepare a NCCP. Final state and federal resource agency approval and permitting for the CVMSHCP occurred in September and October 2008. Preparation of the CVMSHCP serves two main purposes: balancing environmental protection and economic development objectives in the CVMSHCP area, and simplifying compliance with endangered species related laws. The CVMSHCP intends to accomplish this through the following means. Conserving adequate habitat in an unfragmented manner to provide for the protection and security of long-term viable populations of the species that are either currently listed as threatened or endangered, are proposed for listing, or are believed by the Scientific Advisory BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 7 Committee, USFWS and CDFW, to have a high probability of being proposed for listing in the future if not protected by the CVMSHCP. It is intended to proactively address requirements of the state and federal endangered species acts to avoid disruption of economic development activities in the CVMSHCP area. For species that are currently listed as threatened or endangered, the CVMSHCP is the basis for securing incidental take permits. For species that are not currently listed, the CVMSHCP addresses the conservation of the species and its habitat as if the species were listed, so that if the species is subsequently listed, an incidental take permit will be issued on the basis of the CVMSHCP, and no further mitigation requirements will be imposed. A further goal of the plan is to remove the need to list species as threatened or endangered by taking proactive conservation measures. It should be recognized that the CVMSHCP does not address Section 404 of the Clean Water Act nor the Streambed Alteration Agreement provisions of the California Fish and Game Code, (Section 1600). Projects that currently require a Section 404 permit or Streambed Alteration Agreement will continue to do so notwithstanding the CVMSHCP. Additionally, the CVMSHCP does not provide a means of compliance with the federal Migratory Bird Treaty Act (MBTA). The CVMSHCP website on the subject property was consulted to determine the parcel number that were surveyed on the subject project site, and their status with regards to the various county plan areas. The subject parcel do not occur within any Conservation Areas, but occur within the overall CVMSHCP planning area, to which the City of Palm Desert is a signatory to. 4.0 EXISTING CONDITIONS 4.1 GENERAL Climate The project area lies within the confines of a geographical region known as the Colorado Desert (Jaeger, 1957). As is typical of this subdivision of the Sonoran Desert, annual rainfall averages less than six inches (National Climatic Center, 2013). 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 to near freezing. The month of July brings the hottest temperatures with daytime highs averaging 109 degrees F. Physical Features/Soils The subject project site consists of one parcel that is generally rectangular in shape and is approximately 3.91-acres. The parcel is generally flat, and gently sloping towards the north and east. The elevation ranges from approximately 225 feet above sea level at the eastern portion to approximately 258 feet at the western portion. The USDA’s online Web Soil Mapper (www.websoilsurvey.sc.egov.usda.gov) was reviewed to obtain information about the soils on the Project site. The soils on the Project site are Myoma fine sand (5 to 15 percent slopes). Soil characteristics are uniform over the entire site. Soil is composed of wind -blown alluvium created by persistent air movements from the northwest. This process increased in intensity with the drying out of the Coachella Valley at the close of the Pleistocene epoch ending 10,000 years before present. The presence of a wall on the south side of both BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 8 parcel associated with the adjacent residential buildings, has resulted in some sand stabilization next to the wall. Vegetation The vegetation of the project site is sparse and consists of a single habitat type that can be characterized as disturbed Sonoran creosote bush scrub. This type of vegetation community is characterized by creosote bush (Larrea tridentata), which is the most conspicuous plant of this vegetation type. Other native plants in less conspicuous numbers include Indigo bush (Psorothamnus schottii) and Burro brush (Hymenoclea salsola), interspersed among the cresote bush and occurring sparingly. The ground cover is predominantly consisting of non-native common Mediterranean grass (Schcismus barbatus). Other non-native plants occurring on the parcel includes: Salt cedar (Tamarix ramosissima), horseweed (Erigeron bonariensis) and ornamental flowers, occurring right next to the walls of the adjacent housing. The creosote bushes predominantly occur along the southern wall separating the parcel from the adjacent housing. This may be due to the precipitation that pools next to the wall or due to irrigation of the lawns on the adjacent property. In the western portion of the parcel and the eastern portion of parcel are piles of wooden debris. Small stockpiles of compacted sand and construction debris material were also detected on both sites. The vegetation communities are shown in Figure 4, Vegetation Communities Map. Figure 5 contains photographs of the site that depict the vegetation and site conditions. 4.2 WILDLIFE During the site survey, the side-blotched lizard (Uta stansburiana) and western whiptail (Cnemidophorus tigris) were detected on the site. Several small burrows, likely occupied by these common reptiles were also detected throughout the site. Bird species that are common, detected during the survey include: Common raven (Corvus corax), mourning dove (Zenaida macroura) and a house finch (Carpodacus mexicanus). No nests of birds were detected. 4.3 JURISDICTIONAL WATERS The parcel is dry, vacant, and covered by loose sands, as seen in Figures 1, 2, and 3 containing representative photos of the project site. There are no drainages or other aquatic features that could potentially be under the jurisdictional authority of the California Department of Fish and Game, U.S. Army Corps of Engineers, or the Regional Water Quality Control Board. 4.4 HABITAT CONNECTIVITY AND WILDLIFE MOVEMENTS While the project site does support some foraging habitat for wildlife species, it does not represent a linkage between significant natural habitats. Common urban wildlife such as coyotes and black-tailed rabbits could utilize the project site for temporary resting and foraging and use the parcel as transients. The highly urbanized setting surrounding the project site and the presence of roadways surrounding the parcel, present a severe constraint for wildlife movement. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Biological Constraints & Recommendations March 29, 2021 9 5.0 BIOLOGICAL CONSTRAINTS & RECOMMENDATIONS No special-status plant or animal species were observed during the site visit. Based on a 1-mile radius query of the California Natural Diversity Database (CNDDB), a list of special-status plant and animal species that have the potential to occur on site is provided in Table 1, Special-Status Plant or Animal Species with Potential to Occur on the Project Site. In addition to the list of species yielded for the 1-mile radius query, additional species were evaluated for their potential to occur on the site, based on literature review of other studies in the region. 5.1 SPECIAL STATUS PLANTS AND ANIMALS No special -status plant or animal species were observed during the site visit. As previously described, the site visit was a “reconnaissance-level” survey and therefore did not include focused surveys for such species. A complete list of special-status plant and animal species that have the potential to occur on site is provided in Table 1, Special-Status Plant or Animal Species with Potential to Occur on the Site. Of the 12 special status plant and wildlife species that could potentially occur in the project area, none have a high potential to occur on-site due to various factors, including: the highly urbanized setting of the Project area, open access of the site, evidence of human disturbance (trash and debris) on the site. All these factors greatly limit the suitability of the site for these species. BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 1 Common Name Scientific Name Status General Habitat Description Occurrence Potential on Project Site State Federal CNPS CVMSHCP Plants Astragalus lentiginosus var. coachellae 1B.1 Yes Annual/Perennial herb found in sandy flats, washes, alluvial fans, sand field, dunes and dune edges, at 130 to 2,150 feet, a CA endemic. Moderate. Loose, sandy soils present on site. Species not observed during surveys. Moderate potential to occur due to disturbed nature of site. This plant species is listed as federally Endangered Flat-seeded spurge (Euphorbia platylsperma) 1B.2 No Annual herb found in desert dunes and Sonoran Desert scrub habitat at 210 to 330 feet elevations. Very Low. The flat- seeded spurge is an extremely rare ephemeral herb known to occur on sandy soils in the Sonoran Desert. This species was not detected during surveys. The disturbed nature of the site makes it unsuitable habitat. Ribbed Cryptantha (Cryptantha costata) 4.3 No Annual herb found in sandy soils and blooms between February and May. . Low. This plant is an uncommon ephemeral plant. This species was not detected during the surveys. The project site has suitable habitat but the quality of habitat is low. The ribbed cryptantha is not listed as rare, threatened or endangered by either the state or federal governments. Glandular ditaxis (Ditaxis claryana) 2B.2 Yes This perennial herb is found in sandy soils in creosote bush scrub of the Sonoran and Mojave deserts below 1,500 feet. Very Low. A very rare perennial herb that It is restricted to sandy environments in the Sonoran Desert and has been found in Table 1 Special-Status Plant/Animal Species with Potential to Occur on Project Site BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 2 Blooms from December through March. Imperial, Riverside, and San Bernardino Counties, and Arizona and northern Mexico. 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 have been detected during the on-site surveys. It was not detected and therefore presumed to not likely to occur onsite. 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. Reptiles Flat-tailed horned lizard (Phrynosoma mcallii) CSC Yes Fine sand in desert washes and flats with vegetative cover and ants, generally below 600 feet elevation in Riverside, San Diego, and Imperial Counties. Moderate. Suitable habitat is present on site in the form of loose, sandy soils, though degraded. Additionally, site is isolated from sandy sources. There are, however, several records of this species in the project area. The Project site does not occur within the Flat-tailed horned lizard Preserve Areas. Coachella Valley fringe-toed lizard (Uma inornate) SE FT Yes Sandy areas of the Coachella Valley (dunes and sand field habitats) Moderate. Suitable habitat is present on site in the form of loose, sandy soils, though degraded. Additionally, site is isolated from sandy sources. There are, however, several records of this BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 3 species in the project area. Birds Burrowing owl (Athene cunicularia) CSC Yes This species prefers Grasslands, nests in burrows. This species also inhabits man-made structures such as culverts and pipes. Often occupies unused ground squirrel burrows. Moderate. The open nature of the project site to human access and traffic renders this site less than suitable habitat for the species, this species was not detected during the survey, nor was any burrows or signs of owls detected. However, due to several occurrence records of this species in the project area, there is a moderate potential that this species may occur on site. Loggerhead shrike (Lanius ludovicianus) CSC No Prefers open fields with scattered trees or shrubs, open country with short vegetation, pastures, old orchards, cemeteries, golf courses, riparian areas, and open woodlands. Moderate: Both foraging an nesting habitat found on site, although the habitat on site is less suitable for nesting, This species is not covered under the MSHCP, has no special federal status but is considered a Species of Special Concern by the State of California, This species was not detected during the survey nor were any nests found. Le Conte’s thrasher (Taxostoma lecontei) CSC Yes Resident of open desert wash, scrub, alkali scrub, succulent scrub habitats, nests in dense spiny shrubs and cacti in washes. This species is closely Very low. The cactus species which the Le Conte’s thrasher strongly prefers for nesting, is absent from the Project site and, therefore, it is presumed that this BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 4 associated with golden cholla, an arborescent cactus that provides a nesting site for the thrasher species does not nest on the Project site. There is less than suitable foraging habitat on site for this species. This species is covered under the CVSMSHCP. Prairie falcon (Falco mexicana) WL No Inhabits a variety of open terrain, nests on cliffs Low. Foraging only, no nesting habitat present, Mammals Palm Springs Pocket Mouse (Perognathus longimembris) CSC Yes Most common in creosote- dominated scrub, but also in desert riparian, scrubs, wash, and sagebrush habitats Moderate: The Project site supports habitat for this species, but less than suitable. This species was not detected during the general survey. This is a covered species under the CVMSHCP. Coachella Valley (Palm Springs) round-tailed ground squirrel Moderate: The Project site supports habitat for this species, but less than suitable. This species was not detected during the general survey. This is a covered species under the CVMSHCP. There are several occurrence records for this species in the project area. Status Key: Federal: FE = Federal Endangered; FT = Federal Threatened; FSC = Federal Species of Concern State: CE= California Endangered; CSC = California Species of Concern; CR = California Rare, WL= Watch List, FP= Fully Protected CNPS: Rare Plant Rank 1B = Rare, Threatened or Endangered in California and elsewhere 2 = Rare, Threatened or Endangered in California, but more common elsewhere 3 = Plants about which we need more information – a review list 4 = Plants of limited distribution - a watch list .1 = seriously threatened in California .2 = fairly threatened in California .3 = not very threatened in California BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 5 5.2 NATIVE VEGETATION/HABITAT The implementation of the proposed project is likely to impact a nominal amount of disturbed Creosote bush scrub habitat and sandy soils. 5.3 NATIVE AND NON-NATIVE TREES There are no native trees on the Project site. As indicated earlier, there are a number of non- native salt cedar, occurring on the Project site. 5.4 PROJECT CONSTRAINTS & RECOMMENDED MITIGATION MEASURES Protected Birds The extent of the site has a moderate potential to host native bird species throughout their nesting period, for shrub, and ground nesting bird species. Development Constraint: Native breeding birds, their active nests, eggs, and young are protected under the Fish and Game Code of California and the federal Migratory Bird Treaty Act (MBTA). In addition, avoidance of impacts to nesting migratory and resident birds is a requirement of the federal permit issued for the CVMSHCP. Therefore, potential impacts on bird nests from grading and/or construction-related activities should be avoided. Potential Mitigation: In order to avoid impacting nesting birds, avoidance of project-related disturbance during the nesting season would be required (generally from approximately February 1 to August 31). Alternatively, nesting bird surveys conducted by a qualified biologist immediately prior to project related disturbance during the nesting season would be required. If nesting birds are present, no work would be permitted near the nest until young have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. The implementation of this mitigation measure may be conducted in concurrence with the Burrowing Owl pre-construction surveys, which would also ensure avoidance of other protected bird species such as the Loggerhead Shrike and Le Conte’s thrasher, which have a potential to occur on the site. Burrowing Owl Development Constraint: Burrowing owl is deemed to have a moderate potential to occur on the project site. This is a covered species under the CVMSHCP. Since the Project site is not within a Conservation Area of the CVMSHCP, the Project is not required to conduct protocol surveys for this species. However, a Project is still required by law (DFG codes and MBTA) to avoid “take” of burrowing owls. BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 6 Potential Mitigation: Impacts to this species, if present on the site, can be accomplished by take avoidance (pre-construction) surveys. CDFW recommends two take avoidance surveys. The first should occur between 14 and 30 days prior to ground disturbance and the second within 24 hours of ground disturbance. If owls are located on the project site, conducting the first clearance survey 14 to 30 days prior to ground disturbance enables the project proponent to consult with CDFW to determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project. The project site lies within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and is, therefore, subject to per residential unit fees. The precise amount will be determined by the City of Palm Desert and is based upon the fee requirements at the time of approval. In addition to the implementation of the recommended mitigation measures discussed above, the payment of the mitigation fee to the City would offset impacts to species that are not covered under the CVMSHCP and therefore, the project would have less than significant adverse impacts to biological resources beyond the confines of the proposed project development. BIOLOGICAL ASSESMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT References March 29, 2021 1 6.0 REFERENCES Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken (eds.). 2012. The Jepson Manual, vascular plants of California, second edition. University of California Press, Berkeley, CA. California Department of Fish and Game (CDFG). 2021. California Department of Fish and Game Natural Diversity Database © 2003, Version 3.0.5, Update. California Native Plant Society (CNPS). 2021. “California Native Plant Society Inventory of Rare and Endangered Plants.” < http://cnps.web.aplus.net/cgibin/inv/inventory.cgi>. Jaeger, E.C. 1957. The North American Deserts. Stanford University Press, Stanford, California. National Climatic Data Center. 2013. Climate Summaries, Asheville, North Carolina. Rincon Consultants, Inc. 2008. Biological Resources Assessment Agoura Medical Partners Project, Chesebro and Agoura Roads, Agoura Hills, County of Los Angeles, California. Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation, second edition. California Native Plant Society, Sacramento, CA. Sibley, D. 2003. The Sibley Field Guide to Birds of Western North America. Alfred A. Knopf, New York, NY. Stebbins, Robert. 2003. A Field Guide to Western Reptiles and Amphibians. Houghton Mifflin Company, New York, NY. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 1 Appendix A PROJECT FIGURES Project Vicinity Map, Figure 1 Santa Barbara Condominiums Palm Desert Map not to scale Project Location Map, Figure 2 Santa Barbara Condominiums Palm Desert Map not to scale PROJECT Shepard LaneGerald Ford Dr. Map not to scale Project Aerial Map, Figure 3 Santa Barbara Condominiums Palm Desert Shepard LaneGerald Ford Dr. Figure 4: Project Site Plan Santa Barbara Condominiums Palm Desert 12'-4" x 17'-0" 20'-0" x 10'-10" CB = Creosote Bush DSCS = Disturbed Sonoran Creosote Scrub &-&7"5&% &/5*5-&.&/54 DSCS CB Vegetation Communities Map, Figure 5 Santa Barbara Condominiums Palm Desert Parcel Boundary Legend MSHCP Map, Figure 6 Santa Barbara Condominiums Palm Desert &-&7"5&% &/5*5-&.&/54 Project Location CVMSHCP Conservation Areas City Boundaries CVMSHCP Planning Boundary MSHCP Map, Figure 6 Santa Barbara Apartment Condominiums Palm Desert APN #’s: 694300003 and 4.9 Acres MSHCP Map, Figure 7 Santa Barbara Condominiums Palm Desert Project Location MSHCP City Boundaries &-&7"5&% &/5*5-&.&/54 BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 6 Figure 5 Project Site Photograph 1 Photo 1. View looking west from Shepherd Lane. Photos shows Creosote brush scrub vegetation and sandy substrate. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 7 Figure 6 Project Site Photograph 2 Photo 2 . View looking north towards Gerald Ford Drive. View shows sandy substrate and groundcover composed of non-native grass of Mediterranean origin. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 8 Figure 7 Project Site Photograph 3 Photo 3. View looking south towards adjacent residential house and wall. Large shrubs are Creosote bush. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 9 Figure 8 Project Site Photograph 4 Photo 4. View looking southeast. Foreground shows sandy soils and limited ground cover and in the background are large creosote bushes and a wall of adjacent residential buildings. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 10 Figure 9 Project Site Photograph 5 Photo 5. View looking south at the wooden piles and construction debris materials, in the western portion of the parcel. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 11 Figure 10 Project Site Photograph 6 Photo 6. Photo of a small burrow, likely used by small reptiles. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 12 Photo 7. View looking east towards Shepherd Lane. Photo shows debris and trash collected along the wall of the adjacent residential houses. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 13 Photo 8. View looking east towards Shepherd Lane. Photo shows non-native salt cedar in the foreground. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 14 Photo 9. View looking East from Shepherd Lane. View shows sandy soils as substrate, and creosote bush on the right-hand side of the photo view, with a wall of the adjacent residential housing. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 15 Photo 10. View looking southeast at large creosote bushes in front of the wall associated with adjacent residential development. The trees seen in the photo are located on adjacent property. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 16 Photo 11. View looking north east towards Gerald Ford Road. The view shows the characteristic Sonoran Creosote Bush Scrub vegetation, with sandy substrate. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 17 Photo 12. Photo of a small burrow, likely occupied by a lizard species. BIOLOGICAL ASSESSMENT FOR PALM DESERT SANTA BARBARA CONDO PROJECT Appendix A Project Figures March 29, 2021 18 Photo 13. View looking southeast at the far eastern corner of the parcel, Photo shows a non- native salt cedar shrub in the background. Phase 1 CWnnal Resooscee Assessment in Saffron of MultiCannilyHousing Developmeat Project LocatN in the City of Palm Deets, Mvemide Comity, Califomia Prepared for Desert Laxmy Apateaent LLC 2755 S. Nellis Blvd., Soin#10, Las Vegas, W $9121 June 2021 GAyel Cblwa'RewumaMxunrxrtMSugvl as NUYIia^wY NmwIn9DMTMPmwaPmhdlctWemM Ma G Of PWn CeaM, A'ansY Ca"IV GMXc"o Report Completed: Jane 08, 2021 Fieldwork Performed: May 18, 2021 Phase I Cultural Resources Assessment in Support of a Multi - Family Housing Development Project Located in the City of Palm Desert, Riverside County, California Project Site Localism: 7.5-Minute USOS mpogmphic quadrangle, Cathedral City, Cannons. Township 4 South, Range 6 East Seddon 32. Assessor's Parcel Numbers: 694-300g103. Prepared For Desert Luxury Apartment LLC 2755 S. Nellie Blvd., Suite #10, Las Vegas, NV 89121 Prepared By Heather K Puckett, Ph.D. "A. David soma MA "A. P.O. Box 492796 P.O. Box 02796 Pasadena, CA 91109 Pasadena, CA 91109 Phone' (951) 522-7326 Phone (626) 6294436 Keymad4 APN 04-3000O3: Phase C Cultural gas,,,", Assa memp Negam,e seemed CEQA, AB52, Palm D,wr, Rw aid, County, Tm,mship 4 South, ma1916 Park SMimn32, 7.5-Miouk USGS tapogumbie quad ..gle, Cathedmi City, Calibmia Bio0uhurul LLC 1 June 1021 PAyeICWwa'FewumaAxvunreMMS}pml NeaNgY yXeugng MreppmnSPmfw.y lctWeOM(M G OFPym oeart, swrsee cou^b. crones TABLE OF CONTENTS MANAGMENT SUMMARY....... ....I....._I REGULATORY SETTING ............... .... .... .... .... .... .... .... .... .... .... .... .... .... ..................... 7 STATE ] California Envimmnenml Quality Act.............................................................................................7 RESEARCH METHODS . ..... ............................. _... _... _... _... _... _... _... _... _... _.... ...... ...... ........... 9 RESULTS.. ..... ..... ..... ..... ............ .... .............. ..... .... .... .... .... .... .... .... .... .......... .................. .... _9 CHRIS RECORDS SEARCH ............... ..... ...... . ............. .. ............. ..................9 Previously Condmt d Cultural Recaurce Slutl a 11119 FIELD RECONNAISSANCE VISIT ____. ____. __.. ..._....10 SACRED LANDS FILE SEARCH ..I I RECOMMENDATIONS .. ..... ..... ..... ..... ........................ ..... ..... ...... ..... ..... ..... ..... ..... ..... ..... .... _...I3 CERTIFICATION .............................. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... 13 REFERENCES CITED... ........... .................. .................................... 14 Figures Figure 2 Pro act Project Vicinity Mao ..................... ...._............................................................................ 3 Figurc 39 Pro eat Location Mao .... .......................... ... .................................................................................. 4 Fieore 4. Proiem area ootlM1east turner. View west................................................................................... 17 Pn'ect area norNwest coma View ant.................................................................................... 17 Figure6 Modem domeaic refuse depositwthin resitletl View west. ................................................ 18 Figure] Vegetation and refase detxut wiN'n south well View east ...................................................... 18 mne202I Phy Ithe CAyOFPy CeaM.lNversMe fou^N CMFcme Tables Tablet. Previously Couplered Odtuul Resuuu Svabes...................................................................... 10 Table 2. Previously Recall Culuual Resources...................................................................................... 11 Table 3. SacrW Lands File ReaWts..... ..........................._...._...._......................_..........._...._. 11 Appendices Appendix A Field Times ............................................................................................. 16 AvvwdxB Sae¢dL &Fle SeaichRauhs............ ........... ........... ............ .......... ._..... ....20 mne2021 owes I Cblwa'FewumaAxvunreMMS}pv,1 as ore estaoym DwK /N s"JeR carry mor"'e Purposes of Investigation: BioCultuml LLC conducted a Phase I Cultural Resources Review and Sensitivity Assessmeat of the proposed Multi -family housing development on an approximately 3.91-acre lot Travel (APN 694300-003) locard in the City of Palm Uesed, Riverside County, California. Summary Project Description: The Tomcat proposes the construction of a multi -family 32- wit condominium housing development on a 3.91-acre project site. The project would include 16 residential buildings, apool house, a swimming pool, and a community landscape area. The project site is loomed at southwest comer of the incrustation of Gerald Ford Drive and Shepherd Lane. Presently, the site is vacant and undeveloped with open access, The City of Palm Desuired a Pl ace, I cultural res assessment for purposesC6ert req of Fojat compliance with the California Environments[ Quality Act (CEQA), nod specifically Assembly Bill 52 (AS 52). The following report includes the methods and results of an Intrusive pedestrian survey, a Sacred Lands File (SLF) search through the Native American Heritage Commission (NAHC), iswitch ch of the California Historical Resources Information System (CHRIS), background research to identify the presence or absence of cultural resources within the pmjcor mace and an evaluation of those resources, as warranted. The study was conducted in compliance with CEQA, Public Baronesses Code (PRC) Section 5024.1, Section 15064.5 of the Guidelines, and Seerioms 21083.2 and 210M.1 of the Senator of CEQA (Governor's Office of Planning and Research 1998). PRC Swim 5024.1 requires the identification and evaluation of historical resources to determine their eligibility for the California Register of Historical Resources (CRIER). The CRIER is a listing of the sure's historical resources, and Indicates which properties am W be protected fiom substantial silver se change, as defined in CEQA, W the extent that is prudent aid feasible. Major Findings: On May 17, 2021, the results of a record search of the CHMS records were received and resulted is negative results for the project area. The search included racy previously thanded cultural resources and investigations within the project area and surrounding 0.25-mile (0402-km) area. The received results were reviewed, as well as other propery-specific historical and edmo®aphic context research, to identify information relevant W the project ayes before conducting an intensive pediatrist survey of the protect area. The full extent of the rectangular shaped 3.91-acre property was surveyed on May 18, 2021, by walking east -to -wart rmnseats using five (5) meter intervals. The CHRIS records search identified eight previously completed report studies and two previously recorded manners within half of mile (05) mile radius of the p ject ares. No cultural resources were identified within the project area during the pedestrian survey. The presence of deeply boded archaeological =rural below the disturbed sediments cannot be cold out. Elevated Entitlements contacted the Native Amercan Heritage Commission (NAHC) or request a review of their Saorcd Lund File (SIT). A response from the NAHC was received on February 10, 2021. The NAHC's SLF search did not identify any site specific information with respect to tribal lands or sires for the project area. Recommendations: Negative results were concluded] of the curtest cultural resources studies. Arobaeological monitoring is not recommended at this initial phase. If undocumente Uburiedresources encountered during the initial mechanical and band ground disturbances, archaeological monitoring Amid be conducted under the supervision of a qualified amhaeologist (as Identified tkuugb 36 Code of Federal Regulations [CFR], Part 61). If archaeological resources are discovered, the archaeologist should halt ground disturbance in the vicinity of rise resoume(s) until it can be recorded and evaluated. If archaeological resources are identified during ground -disturbing activities w the absence of the lune2021 GAye l Cblwa'FewumaAxSumreMMS}pm1 as Nu1tiNMIy Neugn9 P^T'�' tM OMtM GYyoIGym DWW, is"060 fou^N. (Moans archaeological monitor, we& should halt in the maradiate vicinity of the finds and a wmRfal archaeologist should be cornmeal W evaluate the finds. Whuman remains are discovered within the project area, the Riverside County Corona most be notified immediately, pavement to State of California Health and Safety Code Section 7050.5. This code section states that no fiaMerdisturbance shall occur until the Riverside County Coroner has made a determination of origin and disposition pursuant W Public Resources Code Seems 5097.98. If the human remains are detarnmed to be prehistoric, the Conner will notify the Native American Heritage Commission, which will determine aid notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site within 24 bows of notification and may recommend scientific carnal and nondestructive mai analysis of bottom remains and items associated with Native American boom rs. miezan waves CUNwa'Rewu,<'ea NrsuanrxnMSugvl NeaNpYimMy Neugn9 CerebpmnaPmfxY lctWeOMtM GYyolGym Dennis, INversdeC 'CNMmrve INTRODUCTION AND SETTING DioCulnual LLC co aduned a Phase 1 Cultural Resources Review and Sensitivity Assessment in support of the proposed main family housing development of a 3 91-awe rectangular shaped parcel of land in accordance with CEQA and rise City of Palm Desert. PROJECT LOCATION The purposed pmJem is located in rise City of Palm Desert, on the central potion of Riverside Cowry, Califomia, as depicted on tee 7.5 minuh USGS topographic quadmngle of Cathedral City, within Township 4 South, Range 6 East and Section 32 (Figure I), The site is approximately 39-miles west of the Rancho Mirage community and 20-miles east of fee City of India (Figure 2). Specifically, the project site is lowered immediately southwest comer of the intersection of Gerold Ford Drive and Shepherded Lane in the City of Palm Desert (Figun 3). The project measures a total of 3,91acres, as identified in the Assessor Pamel Number 694-300-003. PROJECT DESCRIPTION Desert Luxury Apartment LLC proposes the construction of a 32-onit condominium, 16 residential buildings, a pool house, swimming pool, and community landscape area. The project site is leaned in the City of Palm Desert, Riverside County, California and proposes to develop a footprint area of 87,120 square feet afore undeveloped and semi -leveled rectangular shaped lot. BioCultuml LLC 6 June 2021 alw..l cw�.d Xe:owp. nz...,,,.,a m swwX a e Mw1-r„wlr rowma o^+Inv"rem ayd mprea m me cer d awn rA�cAwm 1 w e.o m I 2 s o. O inai.woN 32 3 9 40 cdeer. XXCOH, Jepn, METI,EN CN pe Iw+q Ir+filrMaMATcmT .N13 5 edm2013 x.uom Go sopho ir,m. a,eN Legend emrowaie sworn: ecs ss is" p o VNd0epee PL 3 ieo isono Bow wwwon Twowop M3wM X MBd A ,n NMbd 114dssnn33 0 1.250 2.500 sow O FM RVre 1. Project Overview Map. 9ioNINrvI LLC 7 June2021 oiw.icw�.w. e.:o.w.w.�renmswama.w,m.F,�wr,a�.msn«+avremwom+rowem nre ravwaw. nwm, Rlre muwy c.no.,n. •M t ne �\ b x E -. sa- Q o ........ i 2e zz TmW `tee s 4 Legend oP- 0 1.2W 2.5W 5,000 O FM Figure 2. h jcet Vicinity M p. 9io ffiiml LLC 8 lune2011 Pi icaw�.ww,.:o�.,a,....�renmsworn w, uwvs,mxrwow�an remPmwwW«imwreamm, cevwaw. o,..rt, mwRw mNa. cewo,., Legend cPomi,aie sWem: ccs Dml'� mw Q w �i Piss: sane..nam�noe urapea n swm P wwNn s ,n ueni,.a vsab.m,v 0 62.5 125 250 FM Figure J. h jcct Lmaabon Map. 9icCLILwa1 LLC 9 June1013 onveel Chirac' bwun'.+.bxrsmxamswin'I as es GYwawn Boost, Manassas marry csmava, q[zil[9 A 04 cbYU: I: I4WIN '111 i-9119 1 I-z1s711 W *= LWturd Resources Impact Manager David Soso, M A, RPA., marmged the pr Jectu coordinated the Record Search, performed raw field work, and coauthored the mpom Geographic Information Systems (HIS) Specialist Ricardo Montijo prepared all figmes. This report was reviewed for quality asrvrencelquality control by L fiural Resources Principal Investigators Heather R- Pockett, PL.D, RPA, ENVIRONMENTAL SETTING The Project grand is located on an undeveloped lot with residenry, development to the somh, roads to the north and wesq and a vacant parcel to the east. The project urc is located on a large active sandy channel wmprised of Holocene deposits. The surface of me perman area demonstrated pockets of native vegetation. Including creosote bush (Larrva underarm), and brltdebush (Erected f mesa), and other shrubs, such as de rmancom (Buaahnris srrorhmiahm) and Emery's indlgobush (Psomehamuus rum ea). Among the common invasive Sorbs observed was red brume (Bromms madriewsis sap. rbens) and Bermuda grss(Cynodon cicrylon). Wildlife present at the time of survey consisted of birds, including common raven (Contra corax) and house fineb (Haveirhous incurious), no orals were observed but signs of tracks included r domesticated dog (Correa ]upvsl mi(larls) andjackrabbit (Leper ooHfomiaus). CULTURAL SETTING The following action presents an ovmiew of the prehistoric, ethnographic, and historic of the region Sections of previously completed phase I report commitments have bear extrapolated from Statistical Research Incorporated HCremkar & H0l, 2019) and CRM fish (Tang & Holes, 2018) to proviso a basic understanding of the trivial, ethnographer, and historic context of the proposed project area. Prehistoric Overview The prehistory of the northern Coachella Valley is poorly understood, although a specific cultural sequence offered by Srheefa (1991) for the Colorado Desert has greatly improved our knowledge The earliest time period Identified Is the Palemadlan (as. 8,000 to 10,000-12,000 years ago), when "small, mobile bands" of hantem and gatherers, who relied on a variety of small and large game animals as well ai wild plane for subsistence, foamed the region (ibid:63). These small groups settled "on mesas ard minces overlooking larger washes" (ibid_51). The artifact assemblage of for period typically consists of very simple stone tools, "cleared circles, rack ring, [rod] some geaglypb types" (ibid.). The Early Archaic Peno t follows and data W an 8,000 to 4,000 years ago. It appears that a decrease in population density ocnmed at thus time aid that the indigenous groups of the area relied more on foraging than hunting. Very few anforemogical remains have bear identified W this time period. The cranium Late A cbalc Period on. This) to 1,500 years ago) is characterized by continued low population densities and groups of ullexible' sizes Nat settled near available seasonal fund resources and relied on "oppyrmrmrtic" hunting of game animals. Groomsman artifacts for food processing were prominent doing this time pairs. The most recent period in Schaefer's scheme, the Iaw Prehistoric, daps from ca. 1,500 years ego to the time of the Spanish missions and saw the continuation of the seasonal settlement pattern. Peoples of the Late Prehistoric Period were associated with me Panyan cultural pattern and relied more heavily on the availability of seasonal'bild plains and animal resources" (Sehaeftr 1991:66). It was during this period that brown and buff wine ceramics were introduced trim the region. The shores of Holocene Lake Comilla, during times of its presence, attracted much settlement and rasoume prommovenq but in times of the lake's desiccation around I100, according W Schaefer Oionultural UC 10 June 2021 oessusI as m. Manisa o ,,srvwaes wnmv reams (1994:66), the Native people moved away fiom its receding shares werards rivers, streams, and omraies. Numerous archacologuni sites taming to this time penad have been idmtrfed along the shoreline of Ha aena Lake Cattails. Testing excavations at these since have recovered brown and buff ware modules, a variety ofgroundstone and projectile point types, comments, as well as cremations. Ethnographic Overvlew The aboriginal group that occupied else northern Coachella Valley dung the historical period was the Desert Columba, who, along with the Mountain and Pass Cahuilla, enrichment the etMographic Cabuilla The Cahuilla spoke a language of the Takic bmah ofNorthem Uto-Aztecan (sec Goddard 1996:Table 3), and the Desert Cahuilla spoke a distinct dialect ofCahmlla. Desorption of Cahuillz claws are present an Barrows (1900), Hooper (1920), Curtis (1926), Strong (1929), and Bean (1972, 1999). There have bcen f archaeological studies of the historicalpenod Cattails, but waling at the fanner Mission Creek Indian Reservation, approximately 42 km northwest of me project area, identified occupations stretching from the Late Prehistoric period into the early wormah century (Altschul 1986). Similarly, excavations at Turmoils Canyon (Bean et al. 1995), 20 has west of the project area, found a large village complex dosing to between A.D. 16M and 1890. Villages were located in areas with access to a number ofresomces, eitherat springs or where wells mold be easily du& As a result, most villages relied on hund-excavated walk-in wells for water. These wells were dug to a depth of about 6 in (20 real, to reach the water bible. Villages were loose clusters of homes spread ova an area up to 1 km (0.6 in moles) across, Some of the houses were loge (e.g., 6 in [20 fall In Imgth), whereas others were mandler, and a least one large ceremonial stmctme was presort in each village (Bean 19]2:72). Done establishc9, villages were considered permanent (Bean 19]294) and were occupied by [maps. Villages were connected to one another by a complex system of trails. The Cahuilla were organized hero moieties, tribelem (i.e., Gans), and then lineages. The two includes was the tMtam (Wildcats) and Ysmm (Coyotes) (Bean 1978; Oman et al. 2011). The lineages were landholding groups, and each occupied its own village. The adjacent lineage, with Its own village, would generally belong to the omen moiety. This arrangement served to ensure access w different halume. Each village was economically independent. The Desert Cahmlla exploited a Inge number of plant species (Barrow¢ 1900; Bean and Saubel 1992); mesquite (Prosmis spirt on the valley River was the primary staple. Other important resources, such as agave (Agave deaertin pinyon (Nbws spp ). and amms (Qurr so.), were obtained in the mountains to the west. More than 150 species of plains were used for food, fibers, medicines, manufactures, and dyes. The Camilla explalted a vonery of admis from mountain habitats, Including deer (Odaot/sus apt, nom ain sheep (Ovis camaerneis), pronghorn, and smaller animals, such as rabbits and rodents, Rom desert habitats. The Desert Ceh dilla also grew a few agricultural crops, namely core, beans, and squash, that were probably obtained fiom native peoples along the Colondo River to the east. Coops ware imgated from springs (Wilke and Lawton 1975); with she anivl of Europeans, wheat, melons, barley, and fruit trees was added (Bean and Mason 1962; Lawton and Bean 1968L By the lace eighteenth memory, the Camilla had adopted ranching as a harmonic industry and also waked ael wage laborers on the railroads and at f and madras. Arm me smallpox and measles epidemic of 1863, the Cahmlla population, originally perhaps as many as 3,000 people, declined rapidly. In addition, the algation of young people seeking work in the metropolitan seas of southern California resulted in many Cahuilla moving away form their southeast liicCUINmI UC 11 lune2011 Phase) Cblwa' bwun'.+.Ywumxamswin'Ias m. Marian oe..rt, ha"'AI. round ones (Harvey 1967). In 1994, approximately 900 people claimed Cahuilla descent, most of whom lived on one of Me many Cahuilla reservations in mmad southern California (Garcia et d 201121). The Asian Celiate Indian Reservation was created in 1876 by an Executive Order of President Ulysses S. Grant and was expanded in 1877 and again in UNIT Today. Me reaervetion covers roughly 31,420 acres and consists of all even.mmboed sections and all underayed portions of Township 4 South, Ranges 4 and 5 East, and Township 5 South, Scope 4lost, on Me San Saturation Mendip,, win the exception of sections already given out by the government (Garcia a at, 2011;21). The odd -number d sections had shoddy been given to milmads as an incentive to develop cross-coway rail lines, aid so, Me reservation appears as a checkerboard pa0em on maps. In 1891, Congress passed Me Mission Indian Relief Act, which authorized allotments of reservation land to be given to individuals. The allotment elections van finally approved by the Secretary of the banner as part of Me Equalization Act in 1959 (Public Law 86- 339), which finalized the individual Indian allotments and set aside certain lends Pof tribal use and cemeteries . The Agua Callente Tribe and Its members currendy constitute He largest single landowner in the City of Palm Springs, The Ague Caliente Tribe has a land -exchange agreement with Me U.S. Dependent of the header Bwdau of Land Management (BLM) and is actively acquiring other rmn- reservation land. Hlstorlwl Overview In 1823-1825, lea€ Romero, Ins, Mama Esturillo, aid Romualdo Pacheco became Me Had noted Eumpeun explorers to travel through the Coachella Valley when they led a series of expeditions in search of roam to Yuma (Johnston 1987:92-95). The harsh environment led some explorers to venture into Me desert valley during rise Mexican and early American periods, except More who traveled along rise established Media. The most important of these Rails was the Cocommicopa Trail, an ancient Indian loading route Met was "discovered" in 1862 by William David Bradshaw and known Hereafter as Me Bradshaw Trail (Gunther 198401; Ross 1992:25). In much of Me Coachella Valley, this historic wagon read Reversed a similar cowed m that of present-day Share Route 111. Than Me 18Ws m the late I870s, the Bradshaw Trail served as Me main thoroughfare between coastal southern Calinmia and Me Colorado River, although its use dwindled with Me completion of the Southern Pacific Railroad in I876-1877 (Johiaton 1987:185). Non -Indian adh ement in Me Coachella Valley began in Me 187(h with Me establishment of milroed station along the Southern Pacific Railroad and spread further in Me 1880s aflo public lead was opened for claims under the Homestead Act, Me Desert Land Act, and other fedml land laws (Whin 1998:35-36; Robinson 1948 169-191). Farming became Me dominant economic activity in Me valley thedos 4 Me development of underground water sources, often in Me form of erosion wells. Mound the burn of He century, the date palm was introduced into the Coachella Valley, and by Me late 1910a dates were Me main agricultural crop and the tree an iconic image celebrating the region as Me "Mahla of Mnenca" (Shields Date Gardens 1957). Then, skirting in the 1920s, a new industry Remaining a tuesWan camps, resores, hotels, and eventually country clubs began to spread throughout Me Coachella Valley, loemfatning it into southern California's premier winter relow[. The modem community of Palm Distant Is located In the general vicinity of Said Hole, an unreliable water hole on the Cmomaricopa-Bredshaw Trail that has since vanished into discounts Holahan 1987:120). The commwiry of Palm Desert was founded in 1945-19g6 by dmee brothers, Randall, Clifford, and Phil Henderson, who organized Me Palm Desm Corporation m around their new desert town (Gunther 1984:373-374). Following the footsmps of Palm Spriain sue other "cove communities" along Highway 111, such as Rancho Mirage and La Quotes, Path Deem soon joined Me mvks of winter resort towns favored by the rich and famous of the ern, chmanerimd by comtry clubs sue golf courses. WarCultural UC 12 June 2021 Pwv t cwwa wescu,w,uwaare.a m swPm as the cry a corm oeart. sarsme mu�N. cto'n+.s The Palm Desert past office was established in 1947, and in 1973, after four unsuccessful aftempm, the community was officially Mcorporaed as the Uth city in Riverside County (ibid.:374). More recently, gowth has been greatest en new residential and commercial development; the after concentrated mostly along the two transportation arteries across the Coachella Valley, Sate Route I I I and Inersnte Highway 10. Regulatory Setting State California Environmental Quality Act CEQA requires a lead agency to analyze whether historic super archaeological resources may be adversely impacted by a proposed prejeet. Under CEQA, a "project that may cause a substantial adverse change in the significance of a historic resource is a internal that may have a significant Went on the environment" (PRC Satioc 21084. H) Fast, the determination most IN made as to whether the proposed project involves around resources. Second, if cultural resources are present, Me proposed project must be analyzed for a pesterrta] "substantial adverse change in the significance" of the reserves, Archeological Resources: In tams of archaeological resources, PRC Section 21083.2(g) def s a unique archaeological reaoume as an archaeological carbon, objc r, or site about which it can be clearly demonsvated that without merely adding to the Cement body, of knowledge, there is ahigh probability that it meets any of the following criteria: • Gunnies information needed to answer Important setentific research questions and that then¢ Is a demonstrable public interest in that information; • Has a spent] and particular quality such to being the oldest of its type or the best available example of in type; • Is directly associated with a scientifiea ly recognized important prehistoric or historic event or person. • If it can be demonstrated that a proposed project will cause damage to a unique amhaeokogieal rosmuuce, the lead agency may require reasonable ¢Boas be made to, permit any or all of these resources to be preserved in place or left in an undisturbed state. To the extent that they cannot be left undisturbed, mitigation measures am required (PRC Sermons 210831[a], [b], and hill. CEQA noes that. If an archaeokogund resource Is neither a unique archaeological resource nor historical resource, the effects of Me project on those resources shall not be considered to be a significant effect on the envlromment (CEQA Guidelines, Section 150M.5(c)(4). Humor Remains: CEQA Guidelines also describe the procedures to be followed N the event of the unferaeen discovery of human remains. If human remains are discovered during the construction of the Proposed Pulses, no funbv disturbance to the site shall occur wad the Riverside County Coroner must be notified (PRC Sections 15054.5 and 509798). If the Coroner dmamines the remains to be Native American, the coroner shall notify Me NAHC within 48 hours. The NAHC shall identify Me person or persons it believes to, he the Most Likely Discussions (MLD) of the deceased and the MID may then make recommendations as to the disposition of the remains. Native American burials in California ere also addressed in PRC Sections 5097.9 dunugh 5097.991 and in Section 7050.5 of the California Health and Safety Cede. 6icCultural LLC 13 June2023 wide cwwat aewumataseea"reamswPm as unuvsamxysuvt•v un+bP^T'anol«tmwdtx the (sryawxs oeeart, arwRea CnNa. cewnna California State Arrembly Bill 52: Asmmbly Bill 52 of2014 (AB 52) amended PRC Section 5099.% and added PRC Sections 21073, 21094, P108O3.1, 21080.3 2,21082.3, 21083.09, 21084.2, and 21084.3. Consultation with Native Atiericaov: AB 52 moralizes the lead agency - tribal conulation process, raluiring the land agency to initiate coordination with Califomia Native American groups that are traditionally and culturally affiliated with the project location, including mhes than may not be fed®Ily aogncad. Lead agencies are occurred m begin consultation prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Tribal Cultural Resources: Section 4 of AN 52 adds Sections 21074 (a) and Ed to the PRC, which address tribal cultural resouroee and cultural landscapes. Section 21074 (a) delves tribal cult" resource as one of the following: • Sites, f tures, places, cultured landscapes, sacred places, and objects with minimal value to a California Native American tube that are either of the following: Included or determined b IN eligible for inclusion in the California Register of Historical Reasom ew and included in a local regard of historical resources as defired in subdivision (k) of Section 5020.1. • A resmuce determined by Me lead agency, in its discretion and supported by substantial evidence, to be significant pumunnt to criteria set froth In subdivision(e) of Section 5024.1. In applying the attend set fed in subdivision (a) of Section 5024 1 for the purposes of this paragraph, Me lead agency shall consider the significance of fly: resources to a California Native Amedcau vibe. Section 1(a)(9) of AB 52 establishes that "a substantial adverse charge to a Inbal argued resource hers a significant eBeat on the envhonmenC' E1Feets on tribal cullmal resources should be considered under CEQA. Section 6 of AB 52 adds Section 210803.2 ro the PRC, which states that patties may propose mitigation remand capable of avoiding of substantially lessening potential significant impacts to a tribal cuhurnl resource or alternatives that would avoid significant impacts to a tribal cultural resource" Further, if a Califomia Native Arenran robe rsquem dominated regarding project alteratives, mitigation measures, or significant efforts to tribal critical resources, One constitution shall include above topics (PRC Section 210803.2up. The envuommanmi document and the mitigation monitoring and reporting program (where applicable) shall Include any mitigation measures Wit are adopted (PRC Section 210823[all. RESEARCH METHODS The following section pvsenm an overview office methodology used no identify the potential Examined within the project area. A California Historical Resources Information System (L S) records search was mryested on March 23, 2021 in order to identify previously documented cultural resources within a 0.50-mile (0.80.1m) radius of the project area. The Easter Information Canter (EIC) Is located at the University of California Riverside (UCR) campus, and maintains records of previously documented cultural resources (including those then mew the definition of a tribal cultural random and todmical studios. An interactive pedestrian survey of the 391-acre project site was surveyed using walking transects of five (5) main intervals, along a west -to -east deviation. Elevated Entitlements contacted tie Native Addition Heritage Commission (NAHC) to coined a Sacred Lands File (SU) search in order no determine if known Tribal Canted Resources are present within the vicinity of We project area and to obtain a Est of Native American groups or individue ds listed by the NAHC for the pullout ova (See Appendix B). Additional background on Me general vicinity of due project area also ww conducted 9idCultural UC 14 Iune2011 ow.tcwwa xa:o�.,e.,n.s...,,�wmswPma.^+m+.�+m+Y sn reroamw'aP�a«+mwreax the crywa oe..rt, mwaw mmav cenoana tlaougliar csv of the National Register of Historic Places(NMP)(Office of Ibaeology small Historic Preservation IM), A Iootolo®cal Detemumtions of Eligibility, the tfr4 of Histonc Pmsevation (OHP), and the Directory of Propatlea in this Historic Property Data File also wino mvimal for historic properties wldtin the Project area. 9icCLINrvI UC 15 June1011 otw.tcwwa erou,a aaw..m«amsww4 asma mawx. mean, A`Wsea wNav cassava RESULTS CHRIS Records Search Previously Conducted Cultural Resource Studies Results moan me Cultmul Resources Records Search conducted by the PIC were received on May b, 2021 and intermitted eight (8) previously cahra resource study reports within the O5(amlle (0.80-km) and no reports were human within the project area (Table T.The results also revealed two (2) previously recorded contend reeowces Within me 0.50-mile (0.80-1an) mdius and no previously resources mention Ore Trifled area (Table 2). Table 1: Previously Completed Cultural Resources Studies. ReportIl Title Aorhor(a)I Doh Environmental Impact Evaluation: An Mcbsalogical RI41271 Assessment of Potion of the N 1/2 of Section 29, TIS, R6E. lames D. Swenson / 1981 SBBM, Coachella Valley, Riverside County, California MCI Rielm to EI Paso Fiber Optics Project - lnonswc Cultural Rebecca MCC rPde Apple R402350 Resoome Survey — San Damard o coal Riverside Counties, wal loin E. Wooley, / 1988 California RI-06723 Cannot Resources Assessment: University High Project, City Riordan Goodwin and ofPalm Pasoan, Riverside County, Calimmia Ruben Reynolds 12003 Phase I Cultural Resources Auuessment Palm Team 6hedR 13I-07440 Station, Project PM08250003764, Palm Teeter, Riverside Saar, M. lanifer 12007 County, California RI-0858] Phase I Cultumt Resources Assessment of APN 653-260-041 Michael Dice and Aaron ad-042 Cruet /2008 Histormal/Archaeological Resources Survey Report PD $0, 131 9017 LLC, MIXED -USE DEVELOPMENT PROJECT, Asseta(s Bit "Tom"Tang, and Parcel Nos, 694-120- 015,694-120-016, and 694-190-059, City Michael Posts, /2013 of Pam Desert, Riverside County, California MA9191 Historical/ Archaeological Resources Survey Report; Matter Nicole Create /2014 Plan and Development Agreement Pr jot RI-09889 Assessor's Parcel Numbers 694-300-001,-002... Bai Tang aM Michael Hagan RioCLUuml LLC 16 lune2021 otw.tcawwa a:ou,aa.wv...,,�wmswpma. w,m.F.my roams are�awa«tmwreax n. crvorawai oasart, srvwan. coumy csno.,n. Table 2: Previously Primary Transmit] tNh m Type Age Recordedby/Date Other - Onion Pacific (UP) Bailred, Souther Pacific usaaar, S., lorry & Stokes (SP) Railroad; Other - C- 1966;Canle Clasper, Myra L Use Angeles; -A-1; Other - mNc & Asssmtes / 2003; UP Railroad, segment near parageachi, Christeen, Galvin Dillon Read and Orepefrait conampOi / 2005; 2009 (Wilson, P-33- CA -RN- Blvd.; Other - SM-5670; Sand K Chinal, ICF loves OW498 W6381 Other - SP, L.A. and Sell Stmdure Historic Cokes / 2009; Seen IGemka Lads: Railroad; Other - CA- RI / 2012; T. Barley and J.M N4P-342411;Nafionai s" L&L Environmental, Inc. Register - 2CD for the 2015; Daniel Lmoard, HDR Saudi Pacific east of 016;P.Moloaey,11.E11er,W. Synod Ave segnwngNum nal lodger, Applied FanhWerics Register - 1S fm the 3751 J2019 Vine ST, Riverside segment P-33- Na other-WTE I Other Historic ckhardy William T., Mooney 015432 ones and Stokes 12006 SACRED LANDS FILE SEARCH RESULTS The resits So the Sacred Lands File Search (SLFS) wroduetd by the Califomia Native American Heritage Commission and requested] by Elevated Entitlements were received on February 10, 2021. The results included a list of the Native American grorrys or individuals listed and who may have knowledge of cultural customers within the prject tree. The result; did cat identify any specific site information within ire project boundary Ump®dix B). The NADU noted that the negative results may not indicate the absence of Native American cultural resources in the area and the listed Native American individuals or tribal organizations should be contacted. Elevated Pridemore on behalf of the City of Palm Desert sent a leler requesting State Bill (SB) 18 and Assembly Bill (AB) 52 contribution to all the NAHC listed tribes on February 11, 2021(Table 3). Table 3: Sacred Lands File Search Results. Name and Tide AiiWalon Method of Contact end Date Response JeffGrubbe, Agm Calie eBand of Letter mailed or February a City of Palm Desert rec6wit a lens on Chairperson Cahuilla Indians 11,2021 March 17,2021 Patricia Curds- Agra Caliente Bard of Letter mailed on February eCltyofPalmDesat recterverl a letterot Florida, Director Cahuilla Indians 11,2021 March 17,2021 Amanda Vance, Augustine Band ofCahullla LOW mailed on Febmary N/A Chairperson Mission Indians 11,2021 Doug Welmas, Cabewn Bound of Mission Letter traded on February N/A Chairperson listings 11,2021 BioCultuml UC 17 June2021 Planet the cry ow Para Dewar, ma"Ode muary cast"'a, Name and Tale Affiliation Method of Canted and Date Response Daniel Salgado, Cahuilla Band of Jul Letter motion on February N/A Chairperson 11,2021 Ralph Goff, Campo Band of Diegueno Letter mailed on February N/A ChaiReaon Mission Indiana 11,2021 Michael Goals, Ewiiaapamp Band of Letter mailed on February N/A VimChalRason Kumeyasy Indiana 11,2021 Robert Plan, Ewiisapaayp Band of Lettermeiledmt February N/A Chavperson Kdoodday Indiana 11,2021 Gwendolyn Panda, La Posts Bond of Diegueno Lettermeiled rot February N/A Chairperson Mission Indiana 11,2021 JavauTribal La La Posts Band of Diegueno I,etlamailedw February N/A Administrator Mission Indiana 11,2021 Shane Choppiness, Los Coyotes Band of Letter mailed on February N/A Chairpmoa Cahuilla and Copeno Indians 11, 2021 Angela Elliott Monsanto Band of Letter mailed on February N/A Santos, Chairperson Kumeyaay Nation 11,2021 Michael Linton, Mesa Grande Band of Lelmrmailonon February N/A Chairperson Diegaam Mission fashion 11,2021 Robert Martin, Momngo BadofMission Letter mailed on February N/A Chairpmsaa Indians 11, 2021 JillMcomdck, Quechan Tribeofthe Fort Letter mailed on February Preservation Officer Yurta Reservetlon 11, 2021 N/A Joseph Hamilton, Ramona Band of Cahuilla 1clocr mailed on February N/A Chahpereov I 11 2021 1 Levine Refiner, Smta RasaBmdofW uilla Letter mailed on February N/A Tribal Chae Indiaos 11,2021 Scott Cason Subunits Bard of liiseno I.etlamailedenFebruary N/A Chairpeaw Indian 11,2021 Cody Mariam, Syman Band of the Letter mailedenFebruary N/A Chahperson Knmsymy Nation 111,2021 Thomas::mZ, Tortes-MartineZ Desert L17202 iledon February N/A Chairperson Cahuilla Indians 11, 3021 FIELD RECONNAISSANCE VISIT On May 18, 2021, Registered Professional Anhamlogist, David Soso, conducted an intensive pedesnian survey of the J 91-scre project area The palmation survey was conducted Wing 5-meta parallel tanumn, oriented man -co -west. The project arm had high(85% to 95%)visibility with a spare amount of small -to -large shrubs and a small scattered modem domestic refne deposit Other observed disturbances were 6ioCultund UC Is June2021 ow.tcwaa wamawnaa...awmswpm as ma Mawrn plains, rewaea Came. cb "M vehicle and motorcycle tire tracks and walking pathways throughout me projecr area. The area was entirely inspected for prehistoric and historical cultural resources as well as evidence of historically built envrmrmrenml features. The scattaN modem refuse deposit observed is predominantly located within rise southern portion of rise project, which borders a residential housing complex. The refine deposit is comprised of pool equipment and composition debris. No cultural resources were observed within fire project area and no further field work is necessary for the current investigation. In the event that cultural resources suric exposed during any type of ground dhtwhance, work in the immediate vicinity of the find must stop until a qualified archaeologist caps evaluate the significance of the find No cultural resources were identified within the project area during the record searches and pedestrian urvry, activities. However, the presence ofmdacumrnmd/bmied resources should always be considered. Archaeological monitoring is not resommanded during the initial mechanical and hand ground disturbances. If cultural observes we encountered standard mitigation measures related m the unanticipated discovery of archaeological resources and human mains are reco mmended for the project, as indicated Wow: If an archacological common is encountered, the City and Project Proponent shall he immediately notified and construction activities in the area of the discovery shall cease mfil a qualified arcbaalogist�w who meets the Secretary office Irnedm's Pmfecvional Qualification Standards for archaenlogy (36 CFIL 611--ran assess the discovery in accordance with CEQA. Should my prehistoric or ethrw historic archaeological resources be identified within the pmject area, Native American consulting parties shall be cools led regarding the disposition and treatment of these woes. If the discovery proves to be significam under CEQA and avoidance is not possible, the qualified archeologist shall emphasis with the City to develop and implement a doh recovery plan data recovery to reduce potential imparts to less than significant. In the event of the unanticipated discovery of human remains, work in the Immediate vicinity of the find shall stop and no fuller disturbance shall occur until the Itivmside County Corona has made a detwormation of origin and disposition financial to Stare of California Health and Safety Cade Section 7050.5 and Public Resopsrees Code Section 5097.98. The Comfy Coroner shall be notified of the find immediately, If the human remaion are derertninal to be Native American or "ancient," the Coroner shall parity the NAHC, which will desigome and notify a Native American need likely descendant (MLA). The MLD shall complete the inspection of the site within 68 hours of notification and make recommendations regarding the comment and disposition of borrow remains and items associated with Native American burials. 9iraCLINrvI LLC 19 June1011 ow.i cwwa�wa.omr an z...,,�wmswwn as the Mawr. oe<ee. Mw mV*ano.,m CERTIFICATION CERTIFICATION: 1 haeby certify that the statanents furnished above and in the attached exhibim present the data and information rNuired for this archeeolo@cal report, and the facts, sratemems, and information presmted ae true and nmrem W the best of my bovdedge and belief DATE: Uune2021 SIGNED: -�at'VLQ)aMCVW PR DNAME: HEATHER R PUCKETT, PIED., RP.A 9io fhuml LLC 20 June2021 Phasecmwar wa:omwaazw.mwmswwa as the Maraca Demon, rswae9 mmav mamas REFERENCES Barrows, David Prescott 19M The Eehno-bomry of the Cattails Indians of Southern California. University of Chicago Press,CMcago. 1978 Comilla. In California, edited by Robert F. Heim, W. 5I5-587. Handbook of Nome American Indians, vole 8, William C. Sturlevans, general ditty. Smithsonian Institution, Washingon, D.C. Bran, Lowell John 1972 Mukat's People: Tito Cahuilla Indian of Southern California. University of California Rreee,Berkeley. 1976 "Social Organization In Native California." in Lowell lain Bean and Thomas C. Blackburn, editors, Native California: A ThemeHcal Pebospeahve. Smorro, Tim Maxim: Ballena Frees, 1978 Camille, In California. edited by Robert F. Heim, Pp. 575-587, Handbook of Nome American Indians, Vol. 8, William C. Stm main, general editor. Sntiffiveran Institution, Washington, D.C. Item, Lowell J., Jerry D. Schaefer, and Sylvia B. Vane 1995 Art homological, Ethnographic, and Clown assume Imublemon at Tahquiiz Canyon, Palm Springs. California. Cultural Systems Research, Menlo Park, California Prepared for Riverside. Bean, Lowell J., and Sylvia B. Vane 1995 Et nenimphy and Etlmohistory. In Archaeological, Ethnographic, aired Erfohiatoric Invutigation at Tahmma Canyom Palm Springs, California, edited by Lowell J. Bean and Sylvia B. Vane, M. V IO-V19. Cultural Systems Seemed, Menlo Pak, California Prepared for Riverside County Flood Control and Water Conservation District. Bean, Lowell J., and Kadomm, S. damsel 1972 Temalpekh (from the Earth): Cahmlla Indian Knowledge and Usage of Plants, Malki Museum Press, Booming, California. Bean, Lowell J., and William M. Mason 1962 Diaries and Accounts of the Romero Expeditions in Anzone and California, 1823-1826. Palm Springs Deem Museum, Palm Springs, California. California Department of Transportation(CalYans) 2007 A Historical Context and Archaeological Research Design for Agricultural Properties in Califomia 2013 A Historical Context and Archaeological Research Design for Wok Camp Properties in California. Eio tuml UC 21 June2021 snes,I cawwa ws:ose s.wwssawmswam as aa tryaanal o ,, names, mmuy(Niew«, Customs, Edward F., and Willis H. Bell 1951 Instant Indian Agriculture. Primitive Subsistence on the Lower Colorado and Gila Rivers. University of New Mexico School of laterAmericanAffairs, boa -Americas Series, Studies. Counts, Edward S. 1926 The North American Indian, vol. 15. Cambridge University Press, Cambridge, England. Dabdul, Madam, Harry M. Qum, and Zachary X. Baby 2008 Final deport, Archaeological Testing and Evaluation Pngram at Sites CA-RIV-264Z - 2643, and a Portion of -2646, near the ON of Desert Hot Springs, Riverside County California CM Tech, Colon, California Report on file, Eestem Information Cents, University of California, Riverside. Garcia faMda, Kim Maeyama and Bailout Nixon 2011 Ague Caliente Tribal Historic Preservation Of icc Research Design. Ague Coding Band ofs fission bilious, Palm Springs, Califome. George, loan 2008 Phase 1 Cultural Resources Survey Well 4615-1 Po jta, Raroho Mirage, California. Applial Earthworks, Hemet, California. On file, Eastern Information Ceara, University of California, Riverside. Cloddmd, her 19% Introduction. In Languages, edited by Ives Goddard, EN 1-16. Handbook of Norm American Indians, vol. 17, William C. Shortening, general editor. Smithsonian Institution, Washington, D.C. Gunther, lane Davies 1984 Riverside County, California, Place Names: Tbeir Origins and `Bmir Stories. J.D.Gun[6a, Riveside. Hall, Harvey Momoa, and Joseph Griunell 1919 Lif 2Lw e lidivators in California Proceedings ofthe California Academy Schenoe, am sales, vol. 9, no. 2. California Academy of Science, San Francisco. Harvey, Herbert R. 1967 Population of the Catholic fodimns: Decline and Causes. Eugenics Quarterly 14:185�198. Heath, Erle 19a5 Seventy -Five Years of Progress: Historical Sketch of the Southern Pacific, 1869-1944. The Southem Pacific "Billion" BOCLINmILLC 22 lune2023 ow.�cwwa� e:o�.,e.+n.r...m«amswwa as na cryawxn named, rrvwaea cameo cusn"', Hogaq Michael, end B. Tom Tang 1993 Colonel Resource Assessment Archaeological Survey of the Carver proper Located In the City of Palm Da car, Riverside County, Cali6mia. On file, Bsstmn InPomwtion Canter, University of California, Riverside. Hoopn, Ladle 1920 The Carrillo homes. Publications in American Arelumologv and Efisology, vol. 16, no. 5.University ofCalifomia, Berkeley. Jaeger, Edmund C. 1965 The Calf bDeasors,4that Stanford University Press, Palo Alto, CaRfomla Johnston, pairs J. 1987 The Bradshaw Twit, revisal edition. Historical Commission pres Riverside. lamed mu, Saran and Hill, Allison 2019 Section 31 Specific Plm Cultural Remurces Study, Rancho Mirage, Rivaslde Comty California Technical Rpm 18-19. Statistical Resseareh, Inc. Redlands, California. KmAter, Alfred L. 1925 Handbook of tire Indians of California. Bureau of Americm EtMelogy Bulletin 98. Govemmeat Printing Office, Washington,DC. Lathe, Patricia 1998 Coachella Palley Calf cab: A Picrorlal History. The Drawing Company, Virginia Beach Virginia. Lawless, Harty W., and Lowell J. Beau 1968 A Preliminary Reconstruction of Aboriginal Agriculmml Technology anwng the Cahuilla. lean Hutodan I(5):W24,29. Laylanda, Don 19W The Last Days of Lake Cahullla: The Elim re Site. Purple Coact Arrheologtml Societe Qaartally D(I 2):1-138. MiWw, Marianne 2001 The Languages of Native North America. Reprinted. Originally published 1999. Cambridge University Press. Mum; Philip A. 1994 A Flom of Southern Califonin University of California Press,Berkeley. Robimn4 Wes. 1948 Land m California. University of California press, Berkeley. BioCulmwl UC 23 June2021 mass,l cblwa'Fewun'eaMuanrxnmsugvl as ere Maras Damet, rrvwae. mwav Caesars, Raa, Delmer G. 1992 Gold Road to La Paz: An Interpretive Guide m the Bradshaw Trail. Tales of the Mojave Road Publishing Company, Cases, Calitbmia. Bethesda, Jerry 19M The Challenge of Archaeological Research in the Colorado Desert: Recent Approaches and Discoveries. Journal of CaBormus and Great Basin Anthropology 16(1):6"0. Shields Date Goodman 1957 Coachella Valley Desert Trails and the Romance and See Life of the Dome, Shields Date Gardens, Indio. Strong, William Duncan 1929 Aboriginal Society in Southern California. University of California Publications in American Archaeology and Ethnology, Vol. 26. Rmprinted by Matti Museum Pass, Banning, California, 1972. Tang, Boi'"fom" and Hogan, Michael 2018 HismricaVArcbamlogirel Sciences Survey for Damn Willow Golf Recent Development Prject City of palm Uaen, Riverside County, Catifionia CRM TECH. Colton California. Wlkq Philip 1. 1973 The Spnngs Country Club: Expected Impact on Arcbamlogical Retention. Archamlogical Raseerch Unit University of California, Riverside. On Ole, Eastern Information Center, University of California, Riverside. 1998 Late Prehistoric Human Ecology at Lake Cahullla, Coachella Valley, California Archaeological Research Facility Contributimw, vol. 38. University of California Berkeley. Witten, Philip J., Thomas P. Rmg, and Stephen Hammond 1975 Aboriginal Occupation of Tahquitz Canyon: EWm tory and Archaeology. The Cahnnla Indians of the Colorado Desert: ENmhistory and Prehistory, pt 2. Anthropological Papers 3.Bolleoa Now, Ramona, California. Wilke, Philip J., and Harry W. Lawton 1975 Early Observations on the Colturel Geography of Coachella Valley. In The Ca oddia bdiam of the Colorado Desert: EMnohismry and Prehistory, isditted by Philip J. Wilton, pp. 9-0. Anthropological Papas No. 3. Bulletin Press, Rarwaa, California. Willa, Philip J., Alison M. McDonald, and L A. Posen 1986 Excavations at Indian Hill Rockshelter, Ana-6omego Desen Scam Park California, 1984 1985, Archacnlogicat Research Unit, University of California, Riverside. BioCLINmI UC 24 June1021 PM iumss.mx g�mwredm m. crywPsOm Appendix A. Field Figures eio fNrvl uc 25 Iunezozl GAyel CUNwa'Rewun'ea NrsuanrxrtMSugvl as NUYI"ymYy X.wgn9CmbpmnSPmfxY lctWeOM Me G Ofpym mesa, INversYeC ,CWW"s Iod Figure 4. Project area noMeaei comerview west. i f Art 4MW 000 J� _ a Figmen. hoject .ii o nnnM1wcrtcorncc Vic, cafe. 17 one.e i cowo a w..00 e.. aw..m«a m swim a. uwvs.mxr wows ne+ma"»* wy.n mwrea m m. m w a oert, mwRw wma. cewo,.. Figure G Mcdem domestic refuse deposit widtin residences. View west. Figure 1. Vegetation exM nuelem refuse deposit wlttin souM wall. View east. flio ftui LLC 18 June1011 PM iumss.mx g�mwreem m. cryaa.x. Appendix B. Sacred Lands File Search Results 9io ftml LLC 19 June1011 NATIVE AMERICAN HERITAGE COMMISSION F a z February 10, 2021 Paul Swoncofi City of Palm DesM dnmsaa iav Laura RUnN Via Email flit oaul®eNted ea m Lmeno Voe Cuuaxemox Re: Native American Consolation, Pmsuard to Senate Bill 18(SB18). Government Codes hosed Pagaing §65352.3 and §65352.4, as well as Assembly BRIO (AM), Public Resources Codes §210110.1, Chunwm §21080.3.1 and§21 W i;Rapid Barbara - MVMhFamily Residential Commonly, Project, Rlverslde County 65c Most Loper Fisher L,wAi Dear MC Swancof PARLIMIENPMN Attached is a Consulation list of Mbes with hatlilonal foods or ulNml places located within WrvunWwf the boundaries of the above referenced Counties or projects. Kmk Government Codes §65352.3 and §65352.4 require local governments to consult with Comv¢sree California Naive American Mines identified by the Native American Hedfage Commission wlM1am Munpvy Paule/M,n Mounlan INAHCj for the idiittin e purpose oavoiding, proeCg.antl/Or mitigating Impacts to Cultural Apace places when erealng or amending General Plans. Spool Plans and Community Plan. CouvssaNER Public Resources Codes §21030.3.land §21W.3.2 requires public agencies to consult Win Jule Nmamtl4 California Native American Mines identified by the Native American HeRtage Commission Menu INAHCj for the purpose of avolcung, protecting, antl/n mmghting Impacts to Mail cultural chivi resources as deflned, for California Environmental oualily Act jcEI orojects. comi,sa se The law does not preclude local governments and agencies Tom mnioting consultation with IVacm11 the robes that are cull and trodnbnafry oflliated within yoururichictioo. me NAHC believes that is the best practice to ensure that trines are consulted commensurate with cornv¢sw+[n comi'alt the intent of the law. Best practice for the AB52 process and In accordance with Public Resources Code Comimajoi Ivocaml §210E03.I Idf, Is to do the following: Enonwavauv Within 14 days of determining that an application far a protect 8 complete or a decision by Cbdrba MMer apuldic agency to undertake a(uojea the lead agency Mug provide formal notification rcmo to Me designated contact of, or a your rep2sentolive of, tradiyronoly and culu'afly affected Catalonia Native American Mbes that have requested notice, which shall be occompfibed by mean of of Most one writes nofor alon that Includes a Met description NMIC HEAOWARRRS of the prepared protect and in location, Me lead agency Canted lnformi and 1 sea Hall Boulevard Potl8cafion that the Calfomia Natve American Moe has 30 days to request consutiatlon yrwlm 15aaanenlo. Pursuon Ito th"ection. Carl9M91 (916)3733710 The NAHC all recommends, but does not require plat lead agencies include in their NN6<a� a' notification la ed.'mbmation regarding any culWml resources assessment that has been romplatatl on the area of potential affect (APE), such ac Pagel of 1, The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to: • A fisting of any and all known cultural resources have already been recorded on or adjacent to the APE, such as known archaeological sites: • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as had of the records search response; • Whether the records search indicates a low, moderate or high probability that unrecorded culilresources are located in the APE: and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. me results of any archaeological nventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations. Native American human remains, and associated funerary objects should be Ina separate confidential addendum, and not be made available far public disclosure in accordance with Government Code Section Q54.10. 3. The result of the Social Lands Fie RPq check conducted through me Native American heritage Commission was novel 4. My etbnographlc studies conducted for any area Including all or part of the potential APE and 5. Mygeotechnical reportsregarding all orpad ofthe potential APE. Lead agencies should be aware that recal maintained by the NAHC and CHRIS h not exhaustive, and a negative response b these searches does not preclude the existence of a tribal cultural resource. A Mbe may be the only source of Information regarding the penance of a tribal cul ul resource. This Information will aid tribes in determining whether b request formal consultation. In the event, trial they do, having the information beforehand well help to facilitate the consubstmn pacers. If you receive medical of change of addresses and phone numbers from tiibei please noflty the NAHC. With youraxlronce we can assure that our consultation list remains current. If you hove any questions, please contact me at my email address: Antlrew Greentmalm m Sincerely, Andrew Green Cultural Resources Analyst Attachment Page 2 of 2 Native American Heritage Commission Tribal Consultation List Riverside County V1012021 Ague Caiil Band o/Cahuilla Campo Band of Diagnostic IMbns Mission Indians Jeff Grubbe. Chairperson Ralph Goff, CMlrperson 5401 Dinah SMre Drive CaSUAIa WI90 Chu" Road, Suits 1 Diegueno Palm Springs. CA. in" Campo. CA. 91 WEI Phone :(760)699-6800 Phone :(619)478-9046 Fez (760) 699-6919 Fez (619)478-NI8 moKibrampdnsn.go, Ague CalienM Band ofCahuilb Bwiiaapaayp BOrMOIKumeyaay ledlens IrMkne Pence Garcia Piston, Director Michael Garcia, Vice Chairperson 5401 Dinah SMre Drive Cahuilla 4054 Willows Road Diegueno Palm Springs, CA, M64 Alpine, CA, 91901 Phone '.(760)Mail -6907 Phone'.(619)445-6315 Fax: (760)699-6924 Fax:(019) 4469126 ACBCI-THPOQaaguacaliente.net michaelgi%heaningmck.net Augu3BM Band Ol CehuilH Bwiiaapaayp Bsr &Kumeyaay Mission Indians Indians Amanda Vance, Chairperson Robert Firm, Chairpers00 P.O. Box 846 Cahuilla 4054 Willows Road Diegueno Coachella, CA, 92236 Alpine, CA. 91901 Phone: (760)390-4922 Phone'.(619) 445-6315 Fax: (760)369-T161 Fax '.(619)445-9126 MainewQauguw8netroscgm wmicklln®leaningrock.net CaOason Band of Mission La Poala Band ofDMgueno lMmns Mission Indians Doug Welmas, Chairperson Gwandolen Person, Chairperson 34-245 Indio Springs Parkway CeMille 8Crestwwtl Road Diegueno Indio, CA, 922W Boubvartl, CA, 91905 Phone:(760)342-2593 Phone:(619)478-2113 Fax: (T8D)34T-]880 Fax: (619) 478-2125 jslapp�ceMronintliensnsn.gw LP13boots®eol.oan CahuiM Band g/Indlana to Pi Band otDleguerro Daniel Salgado, Chairperson Mission Indians 52701 US. Highway 371 Cahuilla Javaughn Miller, Tribal Amen CA, 92539 Administrator Phone: (951)T63-5549 8Contacatl Road Dlaguem Fax (951) 70-MB Boulewe d. CA. 91905 Chaim n@chuilla.net Phone t(619)478-2113 Fez(619)478-2125 Imllleral-PVlbe.net The Ad Is street andsu d inrWI ai unowhat and is on the indent mllale n the Commleelm on the And It w proxioxidation m sxnm tw.aaaare axim are woods cw, swor con Move ni use done solved day for SeNm¢nreoarmnverca�scontends. soon awn- uuwsemryanevnmtin remonstrant chat rgµsiw7oic idc 3s M ap, and eWllc nawme eWa Foul-2021- 02/30/202110:05 AM 1 of 2 0009I7 Native American Heritage Commission Tribal Consultation List Riverside County V1012021 Los Coyotes Band or Cahulna and CUOeflo Indians Shane Chapp rasa. Chairperson P.O. Box 189 Cahullla Wander Springs. CA. 92086-0189 Phone:(]60)]02-0y11 Fax (760) 782-0712 Wmdh iq Based MKumeyaay Nation Angela EIIIOG Santos, Chairperson P.O. Box 13M Diegueno Sackett CA, 91905 Phone'.(619) LOS-4930 Fax (619)T66<95T Mesa Brame Band ofBirylumw Mission Indians Michael Union, ChaiPerdon P.O Box 270 Santa Ynal CA, 92070 Phone. (760)]02-3818 Fax '.(760)T82-W92 mssagmndebandilmsacom Marongo Band&Mission Indians Robert Mahn, Chalryxson 12700 Pomona Road Banning, CA, 92M Phone:(951)Sul -W07 Fax:(951) 91 dWms@momngo-nsn.9dv Ramona Band of Cahuilla Just Hamilion, Chairperson P.O. Box 391870 Cabuilla Annot CA, 92W9 Phone '.(951)70-4105 Fax:(951) 7634325 admmelramona-nen.gov Banta Rosa Band of Cahuilb Indans Loving Radnor, Tribal Chair P.O. Box 391820 Carl Al CA, 92539 Phone'.(951) 659-2700 Fax: (961)859-2228 lowleQ antmsrnsn.gov Sabelw Band afLufserro Indians Smtl Codart, Chalryemon P. O. Box 482 Coal Dieyueno San JaGMo, CA, 92533 Lulaem Phone. (951)654-2T65 Fax (951)854-4190 jontverw@wo ba-nsngov Sycuan Sam of Me Kumayaay Nation Cindy MaNre; Chairperson 1 Kwaaypaey Court Kumeyaay Cabuilla El Cajon, CA, 92019 Serrano Phone:(619)P15-2613 Fax:(919)445192] ssilva@syouao sngov Ouachan Tribe of the Fort Yuma Reservation Jill McCormick, Hlstahc Preservation Officer P O. Box 1899 OueMen Yuma, Ji 85366 Phone'. (780)572-2423 his cricpreservali e r @quachanNb extra lw4m Thomas Tgrtez, Chairperson It Box 1160 Call Thermal, CA, W274 Phone: (780)397 -0300 Fax (760) 397-8146 tmclidiratOrRsmmines org The Ad Is chant an"e inn mte or had mount and is I on the nwmmmn mandate n the comminlm on the ate It w ppwut wmoum d sxnm aerial Hxim are seM1ry Cons, et zxcle oFM pi re, Isrelvedany vprxa�s.ads awn-uuedidnI �evnmtincvarnventa caused rulctol ve13ny.nda Nam. and eWllc axwme etas 1-2021- 02/t0/202110:05 AM 2 of 2 Ol NOI to Adopt Neg. Dec., Mit. Neg. Dec. 1 FORM “D” NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Palm Desert Project Name: PP 21-0008/TPM 38033/CZ 21-0001 and MND Santa Barbara Condominiums Project Description: The applicant is proposing 32 condominium units and a clubhouse with a pool/spa within 3.91 acres of undeveloped land. The project includes 16 single-story duplex buildings around the perimeter of the property. The single-story clubhouse and pool/spa are located along Gerald Ford Drive. The non-gated project is designed with two (2) vehicular access driveways. The Gerald Ford Drive entrance allows a right turn in and a right turn out and the other entrance along Shepherd Lane allows for full ingress and egress with meandering sidewalks along Gerald Ford Drive and Shepherd Lane. The project requires a Change of Zone from five (5) units per acre (PR-5) to eight (8) units per acre and a Mitigated Negative Declaration for environmental purposes. The project density of 32 units complies with the General Plan designation of Conventional Suburban Neighborhood, which has density allowances from three to eight (3-8) units per acre. In addition, the Tentative Tract Map (TTM) for condominium purposes (TTM 38033) will be concurrently processed with the entitlement application. Project Location – Identify Street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): APN: 694-300-003 Located on the southwest corner of Gerald Ford Drive and Shepherd Lane This Initial Study was completed in accordance with the Lead Agency’s Guidelines for Implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. Based on such Initial Study, the Lead Agency’s Staff has concluded that the project will not have a significant effect on the environment and has therefore prepared a Draft Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency. The Project site IS on a list compiled pursuant to Government Code section 65962.5. The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. The proposed project IS considered a project of statewide, regional or area wide significance. The proposed project IS NOT considered a project of statewide, regional or area wide significance. The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. The proposed project WILL NOT affect highways or other facilities under the jurisdiction of NOI to Adopt Neg. Dec., Mit. Neg. Dec. 2 FORM “D” the State Department of Transportation. A scoping meeting WILL be held by the Lead Agency. A scoping meeting WILL NOT be held by the Lead Agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: Time: Location: Copies of the Initial Study, technical reports, and Draft Mitigated Negative Declaration are on file and are available for public review at the Lead Agency’s office, located at: 73510 Fred Waring Drive, Palm Desert, CA 92260, and within the link. http://cpdftp.org/link/2SVnRGCvF908MAirrOAUcz. Contact Kevin Swartz, Associate Planner at kswartz@cityofpalmdesert.org for questions regarding the proposed project or to obtain an electronic copy of the Mitigated Negative Declaration. Lead Agency address: 73510 Fred Waring Drive, Palm Desert, CA 92260 Comments will be received from: December 21, 2021 – January 12, 2022 Any person wishing to comment on this matter must submit such comments, in writing, to the Lead Agency on or prior to January 12, 2022. Comments of all Responsible Agencies are also requested. The Lead Agency will initially consider the project and the Draft Mitigated Negative Declaration at its tentative Planning Commission meeting on: Date: January 18, 2022 Time: 6:00 p.m. The City Council will then consider the project and the Final Mitigated Negative Declaration at future date. If the Lead Agency finds that the project will not have a significant effect on the environment after the incorporation of mitigation measures, it may adopt the proposed Mitigated Negative Declaration and approve the project. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Kevin Swartz Staff (Clerk Stamp Here) Associate Planner Title STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISHAND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt#: 21-607582 State Clearinghouse # (if applicable): fecdAs—r CITY OF PALM DESERT Doe: 12/21/2021 C-1y4encyofAhtg: RIVERSIDE Do=wtmm E-202101358 Project Dde: PP 21-0008rrPM 38033/CZ 21-0001 AND MIND SANTA BARBARA CONDOMINIUMS Pmjeel ApAcant Name CITY OF PALM DESERT Ph.Murd PmjectApplicam Address: 75-510 FRED WARING DRIVE, PALM DESERT, CA92260 Proi-Apphoonn LOCAL PUBLIC AGENCY CHECKAPPLICABLE FEES- ❑Enw mmfallmpoct Report ❑ Negathe Decfarmton ❑Apphoror,Fee Woo Dixerston(Store W.AcrResowcesConnofBo�dOnfy) ❑ Project Subject to CernfedRegafmoryPmgramr ❑ C.myAdmlmumticnFee $0.00 Q Pmject thin a esempl fiom jaws (DFGNo Effect Determination (Form Attached)) ❑Pmmd thattseswnptfmmfees (No ficsofEsemPfW Total Received $0.00 Slg.mre and ede ofperson mcetw., payrnem: 6� Deputy ACR 533 (Est. 12/2013) OaYY Oi 0.1Vpq' Le YOP I L E D/ P O S T E D °4 t County f Riverside Peter ,Cou Assessor -County Clerk -Recorder E-202101358 CITY OF PALM DESERT 1ziz1iz02a 08:37 An Fee: g 0.00 Lead Agency: page i of a ATTN: KEVIN SWARTZ Remavetl By: Deputy Address: FRED WAKING DRIVE PALM 'III �Jl� . r� �`IJ♦ �}y�}�I�N/'I II PALM DESERT, CA. 92260 �VI '1rrI�1 S14i11a„I�:S Project Title PP 21-0008/TPM 38033/CZ 21-0001 AND MND SANTA BARBARA CONDOMINIUMS Filing Type ❑ Environmental Impact Report ❑ Mitigated/Negative Declaration ❑ Notice of Exemption. ® Other: NOTICE OF INTENT Notes ACR 323 (Est. 01/2021) Available in Alternate Formats NOTICE OF INTENTTO ADOPT A NEGATIVE DECIA TIOW MITIGATED NEGATIVE DECLARATION Notice Is hereby given Cut be public agency named below has completed an Initial Study d Me following descried project at Me following location: Public Agency: City of Palm Desert > Project Name: PP 21-0D 1FM 38W "21-0881 and AMID Santa Barbara Condominiums project Deaciption: The applicant is proposing 32 condominium units and a clubhouse with paolispo within 3.91 acres of undevelopetl land. The project Includes 18 singleatary duplex buldings around the perimeter of the property. The single -slay clubhouse and pooyepa are located along Gerald Ford Drive. The mnyatetl project Is designed with two (2) vehicular acmes dlhreweys. no Gerald Ford Drive enhance allows a right turn in and a right turn out and Me other entrance along Shepherd Lane allows for full Ingress and egress with meandering sidawalls along Gerald Fcetl Drive and Shepherd Lone. The project requires 8 Change of Zone ham 8ve (5) unite per acre (PR-5) to eight (8) units per acre and a Mitigated Negative Declaration for environmental purposes. The project density of 32 units rmmplies with the General Plan deaignafion of Comantional Suburban Neighborhood, which has density allowances from three b eight (S 8) unis per acre. In addition, the Tanletive Tract Map (TTM) for condominium purposes OT W33) will be concurrently processed with the orri ement applkaCon. Projed Lora lot - —1 APN: 6941- G003 Identify Streat add me and cross streets w Located an the southwest corner of (3enaid Ford Drive and Shepherd attach a map showing Lane project site (prefereby a uSGS 15' or T 1K topographical map identified by quadrangle name): This initial Study was completed In accordance with Me Lead Agency's Guidelines for Implementing Me California Envirmmental Quality Art. This Initial Study was undertaken for Me purpose of deciding whether the project may have a sgnihcam affed on the em ormen. Based on such Initial Study, W Lead Agency's Staff has concluded Mat the project will not have a significant effect on Me envinamnam and has Therefore prepared a Draft Mggaled NegsS a Denleretion. The Must Study reflects Me indepentlenlfudgmeM of the Lead Agency. ❑ The Project site IS an a get mmptiud pursuant W Government Code section 65962.5. ® The Project site IS NOT an a M compiled pursuant to Government Code section MU.5. ❑ The proposed project IS considered a project of statewide, regional or me wide - significance. ® The proposed project IS NOT considered a pmject of aleMxdtle, regional ar area code sgnificanee. ❑ The proposed project WILL effect highways or other facrTNes under Me jur'sdidbn vi the State Department of Transportation. The Proposed pro ad WILL NOT affect mahways or other facilities under the ursdiatlon of NOIWASvH*&a Mft Nn&Mn 1 FO&M"P' the State Department of Transportation. ❑ A scoping meeting WILL be held by the Lead Agency. N A scoping meeting WILL NOT be held by the Lead Agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: j. Time: j Location: Copies of the Initial Study, technical reports, and Draft Mitigated Negative Declaration are on file and are available for public.review at the Lead Agency's office, located at: 73510 Fred Waring Drive, Palm Desert, CA 92260, and within the link. htto://codfto.oratlinkt2SVnRGCvF908MAirrOAUcz. Contact Kevin Swartz, Associate Planner at kswartz@cityofpalmdesert.org for questions regarding the proposed project or to obtain an electronic copy of the Mitigated Negative Declaration. Lead Agency address: 73510 Fred Waring Drive, Palm Desert, CA 92260 Comments will be received from: December 21, 2021 — January 12, 2022 Any person wishing to comment on this matter must submit such comments, in writing, to the Lead Agency on or prior to January 12, 2022. Comments of all Responsible Agencies are also requested. The Lead Agency will initially consider the project and the. Draft Mitigated Negative Declaration at its tentative Planning Commission meeting on: Date: January 18, 2022 i Time: 6:00 P.M. The City Council will then consider the project and the Final Mitigated Negative Declaration at future date. If the Lead Agency finds that the project will not have a significant effect on the environment after the incorporation of mitigation measures, it may adopt the proposed Mitigated Negative Declaration and approve the project. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: (Clerk Stamp Here) Kevin Swartz Staff Associate Planner Title NOI to AdoptNeg. Dec., Mit Neg. Dec. 2 FORM "D" TRAFFIC ENGINEERING, IrK_ TwraHllic (AnINL Signal . ayncbonQalimu . Paryiny , Study August 10, 2021 Sam Guanci c/o. Bill Ross, Quality Choice Construction 2755 S. Nellis Blvd. Suite #10 Las Vegas, NV 99121 Re: VMT Screening Assessment and Trip Generation Memorandum Proposed 32-Unit Santa Barbara Condominium SWC of Gerald Ford Drive and Shepherd Lane, Palm Desert Dear Sam, Per your request, we have conducted a VMT screening assessment and trip generation for the proposed multi -family development located at the southwest corner of Gerald Ford Drive and Shepherd Lane. This letter presents our findings and recommendations for the City of Palm Desert to approve and support the project's Initial Study/Mitigated Negative Declaration. PROJECT DEVELOPMENT The project site, APN# 694-300-003, is located at the southwest corner of Gerald Ford Drive and Shepherd Lane in the City of Palm Desert. The proposed Santa Barbara Condominium includes 32dwelling units. The proposed site plan is shown in Exhibit 1. The site is currently vacant and unimproved. Site access will be provided by the proposed Ross Drive at Gerald Ford Drive between Rembrandt Parkway and Shepherd Lane. Due to the presence of the raised median on Gerald Ford Drive, Ross Drive is for right -in -right -out only. There isn o left turn pocket at the nearest intersection of Rembrandt Parkway and Gerald Ford Drive, therefore, westbound incoming traffic must make a legal u-turn at the Palm Desert Sheriff's Department, approximately 1,140 feet from the project site. VMT SCREENING ASSESSMENT K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email! kay@k2trafflc.com 32-Unit Sente Barbara Condominiums August 10, 2021 SWC of Gerald Fore' Drive and Shepherd Lane, Palm Desert Page 2 of 3 The California Environmental Quality Act (CEQA) requires an evaluation of project impacts related to vehicle miles traveled (VMT) for various land use projects. In accordance with the project screening methodologies listed in the "County of' Riverside Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled" dated December 2020, the project is categorized as a small project of low rise multi -family housing with less than 147 dwelling units. The project can be presumed to cause a less -than -significant transportation impact. Therefore, the project is screened out from doing a detailed CEQA analysis. TRIP GENERATION Passenger vehicle trips were estimated using the rates and methodologies outlined in "Trip Generation, 10 Edition", published by the Institute of Transportation Engineers (ITE). The applicable trip generation rates are shown in Table 1. Land Use Unit Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Multifamily Housing (Low -Rise) (220) Dwelling Unit 7.32 0.46 23% 77% 0.56 63% 37% The project is expected to generate 22 trips in the AM peak hour, 27 trips in the PM peak hour, and 351 daily trips. The projected trips associated with the project are provided in Table 2. Table 2. Project Trip Generation Land Use Unit Quantitv AM Peak Flour PM Peak Hour Dail Total Itt Out Total In Out Multifamily Housing (Low-Rise)(220) Dwelling Unit 32 22 5 17 27 17 10 351 K2 Traffic Engineering, Inc. 1442 Irvine Blvi, Suite 210, Tustin, CA 92780 T.714-832-2116 F.949-266-5875 Email: kayCi k2trattio.can 32-Unit Sonia Barbara Condominiums August 10, 2021 SWC of Gerald Ford Drive and Shepherd Lane, Palm Desert Page 3 of 3 TRAFFIC ANALYSIS EXEMPTIONS According to the "County of Riverside Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled," apartments and other multiple family projects of less than 150 units can be exempt from the requirement of preparing a Level of Service (LOS) analysis. Nonetheless, a local assessment is recommended to review the potential traffic impacts to nearby intersections with consideration of site access in conjunction with other near -teen developments in the area. The Scoping Agreement for a Local Assessment is provided in Appendix A. Regards, K2 Traffic Engineering, Inc. Jende Kay Hsu, T.E. California License TR2285 K2 Traffic Engineering, Inc. 1442 Irvine Blvi, Suite 210, Tustin, CA 92780 T.714-832-2116 F.949-266-5875 Email: kayCi k2trattio.can APPENDIX A SCOPING AGREEMENT FORM sKEYNOTES r=## S4NI4 R#RB4R4 CONDO »INIUas '°LDESERT.LUXURY /APw R %ENS sc. CA SITE RLw N wxme wm,o:», r= m« NIELIAN APPENDIX A SCOPING AGREEMENT FORM SLOPING AGREEMENT FOR TRANSPORTATION LOS ANALYSIS This letter acknowledges the Riverside County Transportation Department requirements for transportation level of service analysis of the following project. The analysis must follow the Riverside County Transportation Department Transportation Analysis Guidelines, December 2020. Case No. Related Cases SP No. EIR No. GPA No. CZ No. Project Name: 32-Unit Santa Barbara Apartment Condominium Project Address: SWC of Gerald Ford Drive and Shepherd Lane, Palm Desert (APN# 694-300-003) Project Description: The proposed project will construct a 32-unit multi -family residential development. Name: Address: Telephone: Fax: Consultant Kay Hsu, PE, TE, K2 Traffic Engineering Inc. 1442 Irvine Blvd, Suite 210 Tustin, CA 92780 714-832-2116 khsu@k2traffic.com A. Trip Generation Source: I I E 10th Edition Current GP Land Use Vacant Current Zoning R-2 Current Trip Generation In Out Total AM Trips 0 0 0 PM Trips 0 0 0 Internal Trip Allowance ❑ Yes ❑X No Pass -By Trip Allowance ❑ Yes X❑ No Developer Sam Guanci (c/o Bill Ross, Quality Choice Construction) 2755 S. Nellis Blvd, Suite #10 Las Vegas, NV 89121 702-641-2400 g uan cid evelopment@g mai I. com Proposed Land Use R-2 (Multiple -Family Dwellings) Proposed Zoning R-2 Proposed Trip Generation (See Exhibit2) In Out Total 5 17 22 17 10 27 %Trip Discount) %Trip Discount) A pass -by trip discount of 25% is allowed for appropriate land uses. The pass -by trips at adjacent study area intersections and project driveways shall be indicated on a report figure. B. Trip Geographic Distribution: (attach exhibit for detailed assignment) C. Background Traffic Project Build -out Year: 2023 Phase Year(s) n/a Other area projects to be analyzed: Model/Forecast methodology n/a N 50 % (See Exhibit 3 & 4) S 10 % E 15 % W 25 % Annual Ambient Growth Rate: 2 % To be provided by the City and included in this section. D. Study intersections: (NOTE: Subject to revision after other projects, trip generation and distribution are determined, or comments from other agencies.) 1. Gerald Ford Drat Rembrandt Pkwy 2. Gerald Ford Dr at Ross Or (Proposed) 3. Gerald Ford Dr at Portola Rd 4. 5. 6. 7. 8. 9. 10. E. Study Roadway Segments: (NOTE: Subject to revision after other projects, trip generation and distribution are determined, or comments from other agencies.) 1. 2. 3. 4. 5. E. Other Jurisdictional 6. 7. 8. 9. 10. Is this project within a City's Sphere of Influence or one -mile radius of City boundaries? ❑X Yes ❑ No If so, name of City Jurisdic+,n: F. Site Plan (please attach reduced copy) (See Exhibit 1) G. Specific issues to be addressed in the Study (in addition to the standard analysis described in the Guideline) (To be filled out by Transportation Department) (NOTE If the traffic study states that "a traffic signal is warranted' (or "a traffic signal appears to be warranted," or similar statement) at an existing unsignahzed intersection under existing conditions, 8-hour approach traffic volume information must be submitted in addition to the peak hourly turning movement counts for that intersection.) site access and median opening will be discussed in the H. Existing Conditions Traffic count data must be new or recent. Provide traffic count dates if using other than new counts. Date of counts New counts unless historical count data (prior to Covid-19 pandemic) is available *NOTE* Traffic Study Submittal Form and appropriate fee must be submitted with this form. Recommended by: 4- f Approved Scoping Agreement: oz/os/zozl Consultant's Representative Date Scoping Agreement Submitted on 02/05/2021 City of Palm Desert Date Revised on EXHIBIT 2. TRIP GENERATION TABLE 1. TRIP GENERATION RATE (ITE) Land Use Unit Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Multifamily Housing (Low -Rise) (220) Dwelling Unit 7.32 0.46 23% 77% 0.56 63% 37% TABLE 2. NET TRIP GENERATION LAND USE UNIT Quantity AM Peak PM Peak Daily Total IN OUT Total IN OUT Multifamily Housing (Low -Rise) (220) Dwellin Unit 32 22 5 17 27 17 10 1 351 K2 Traffic Engineering, Inc. EXHIBIT 3. TRIP DISTRIBUTION Legend: b Inbound Trips b Outbound Trips. O Intersection NORTH x 50% a a � m E0 m WEST o a 25% rI « 50% 4m 25% Gerald Ford Or 25% b 25% 4 25% "2 50% o t 15% E* i a CID 10% E,-I OPROJECT SF NORTH Not to Scale SOUTH 10% EAST 15% 15% K2 Traffic Engineering, Inc. EXHIBIT 4. TRAFFIC ASSIGNMENT Peak Hour Trips AM PM IN OUT IN OUT 5 17 17 10 T NORTH Not to Scale Legend: b Inbound Trips y Outbound Trips Q Intersection XX/YY AM/PM Peak Hour Trips v c m E E 411111111 rr 4/3 Gerald Ford Or 114 b 1/4 g r o 17/10 y CI 0 PROJECT SITE 2/8 413 9/5 2/1 2/1 c4 p 1/3 K2 Traffic Engineering, Inc. ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION November 29, 2021 Desert Luxury Apartments 2755 S. Nellis Boulevard, Suite 10 Las Vegas, NV 89121 Subject: Consideration of a recommendation to the Planning Commission for approval of a Change of Zone to establish a higher residential density (8 units per acre), Tentative Tract Map 38033, and a Precise Plan to construct a 32-unit single-story condominium project, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of November 23, 2021: By Minute Motion, the Architectural Review Commission continued Case Nos. PP 21- 0008, C/Z 21-0001, TTM 21-0003 (TTM 38033), and MND, subject to the following: 1) Explore other design options which would break up the monotony of the layout, allow for widening of the community’s main street, provide additional length to driveways, and easier trash collection; 2) Consider options which would provide a break to the long continuous linear sidewalk and incorporate more design interest (meandering); 3) Consider alternative placement of HVAC units and ensure equipment is properly screened; 4) Consider undulation of garage doors by staggering the buildings; 5) Extend parapets to ensure edges are properly concealed; 6) Review plans to ensure accurate depiction of changes in plane; 7) Windows on front elevations which are street exposed should have a recess of 6 inches or more; 8) Provide a perspective of dwelling units from Gerald Ford; 9) Remove stucco short wall and consider more prominent massing on walls with veneer from front perspective, (Sheet A-6.2) as discussed; 10) Provide a sight section study to determine view from Scholar Lane; 11) Provide plan which shows internal drainage; 12) Consider incorporating side yards; and 13) Revisit placement and size of landscaping, with particular attention to driveway areas. The motion carried with a 5-0 vote with Commissioner McAuliffe and Commissioner Mireles, ABSENT. Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision. If you have any questions, please contact Associate Planner Kevin Swartz at (760) 346-0611, Extension 485 or kswartz@cityofpalmdesert.org. Sincerely, ROSIE LUA, SECRETARY ARCHITECTURAL REVIEW COMMISSION cc: File ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION December 29, 2021 Desert Luxury Apartments 2755 S. Nellis Boulevard, Suite 10 Las Vegas, NV 89121 Subject: Consideration of a recommendation to the Planning Commission for approval of a Change of Zone to establish a higher residential density (8 units per acre), Tentative Tract Map 38033, and a Precise Plan to construct a 32-unit single-story condominium project, clubhouse, and pool/spa on 3.91 acres at the southwest corner of Gerald Ford Drive and Shepherd Lane. The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of December 14, 2021: By Minute Motion, the Architectural Review Commission approved Case Nos. PP 21- 0008, C/Z 21-0001, TTM 21-0003 (TTM 38033), and MND, subject to the following: 1) Staff to conduct field verification of roof parapets and if they are not properly concealed, applicant will revisit parapet design to ensure edges are properly concealed and line up parapet edges over garages on Style A as discussed, should it be determined they need to be enclosed due to visibility; and 2) Applicant shall be mindful of roof color to ensure it is not too reflective. The motion carried with a 5-0 vote with Commissioner McAuliffe ABSENT. Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision. If you have any questions, please contact Associate Planner Kevin Swartz at (760) 346-0611, Extension 485 or kswartz@cityofpalmdesert.org. Sincerely, ROSIE LUA, SECRETARY ARCHITECTURAL REVIEW COMMISSION cc: File CITY OF PALM DESERT LEGAL NOTICE CASE NOs. PP 21-0008/TPM 38033/CZ 21-0001 and MND NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY DESERT LUXURY APARTMENTS, LLC FOR A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A CHANGE OF ZONE FROM FIVE (5) DWELLING UNITS PER ACRE TO EIGHT (8) DWELLING UNITS PER ACRE, A PRECISE PLAN APPLICATION TO CONSTRUCT 32 SINGLE-STORY CONDOMINIUM UNITS, TENTATIVE PARCEL MAP 38033, AND A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL PURPOSES. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has reviewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a less than significant level and a Mitigated Negative Declaration has been prepared for this project. Project Location/ Description: Project Location: APN: 694-300-003, Located on the southwest corner of Gerald Ford Drive and Shepherd Lane 3.91 acres Project Description: The applicant is proposing 32 condominium units and a clubhouse with a pool/spa within 3.91 acres of undeveloped land. The project includes 16 single-story duplex buildings around the perimeter of the property. The single-story clubhouse and pool/spa are located along Gerald Ford Drive. The non-gated project is designed with two (2) vehicular access driveways. The project requires a Change of Zone from five (5) units per acre (PR-5) to eight (8) units per acre and a Mitigated Negative Declaration for environmental purposes. The project density of 32 units complies with the General Plan designation of Conventional Suburban Neighborhood, which has density allowances from three to eight (3-8) units per acre. In addition, the Tentative Tract Map (TTM) for condominium purposes (TTM 38033) will be concurrently processed with the entitlement application. Recommendation: Staff is recommending that the Planning Commission adopt a resolution recommending approval to the City Council of the project request, subject to conditions of approval. Public Hearing: The public hearing will be held before the Planning Commission on February 1, 2022, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from January 22, 2022, to February 1, 2022. Public Review: The project application is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Kevin Swartz. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN MARTIN ALVAREZ, January 22, 2022 PLANNING COMMISSION SECRETARY amedia groupa. Order Confirmation for Ad #: 0005097652 Customer: CITY OF PALM DESERT Address: 73510 FRED WARING DR PALM DESERT CA 92260 USA Acct. #: TDS-300315 Phone: 7603460611 CITY OF PALM DESERT Ordered By: M. Gloria OrderStart Date: 01/21/2022 Order End Date: 01/21/2022 Tear Sheets Affidavits Blind Box Promo Type Materials Special Pricing Size 0 1 1 X 137.00 Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due $301.40 $0.00 $301.40 Invoice $0.00 $301.40 Ad Order Notes: Sales Rep: KTheodore Order Taker: KTheodore Order Created 01/20/2022 Product TDS-The Desert Sun 01-21-22, # Ins Start Date End Date 1 01/21/2022 01/21/2022 * ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 0112012022 CITY OF PALM DESERT LEGAL NOTICE CASE NOs. PP 214)(10 M 38033/CZ 21-0001 and MIND NOTICE OF A PUBLIC HEARING BE. FORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A RE- QUEST BY DESERT LUXURY APART. MENTS, LLC FOR A RECOMMENDA- TION OF APPROVAL TO THE CITY COUNCIL FOR A CHANGE OF ZONE FROM FIVE (5) DWELLING UNITS PER ACRE TO EIGHT (8) DWELLING UNITS PER ACRE, A PRECISE PLAN APPLICA. TION TO CONSTRUCT 32 SINGLE — STORY CONDOMINIUM UNITS, TEN- TATIVE PARCEL MAP 38033. AND A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL PURPOSES. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environ- mental Quality Act (CEQA), has re- viewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a less than significant level and a Mitigated Negative Dec- laration has been prepared for this project. Project Location/ Description: Project Lowtion: APN: 694-300-003, Located on the southwest corner of Gerald Ford Drive and Shepherd Lane 3.91 acres Project Description: The applicant is proposing 32 condominium units and a clubhouse with a pool/spa within 3.91 acres of undeveloped land. The project includes 16 single — story duplex buildings around the perimeter of the property. The sin. gleatory clubhouse and poobspa are located along Gerald Ford Drive. The non -gated project is designed with two (2) vehicular access driveways. The project requires a Change of Zone from five (5) units per acre (PR- 5) to eight (8) units per acre and a Mitigated Negative Declaration for environmental purposes. The project density of 32 units complies with the General Plan designation of Conven. tional Suburban Neighborhood, which has density[y allowances from three to eight (3 8) units per acre. In addition, the Tentative Tract Map (TTM) for condominium purposes (TTM 33033) will be concurrently processed with the entitlement ap- plication. Recommendation: Staff is recom- mending that the Planning Commis- sion adopt a resolution recommend- ing approval to the City Council of the pro1'ect request, subject to condi- tions , approval. Public Hearing: The public hearing will be held before the Planning Commission on February 1, 2022, at 6:00 p.m. via Zoom. The hearing will be conducted in accordance with the City's emergency protocols for social distancing. Options for remote Par- ticipation will be listed on the Posted Agenda for the meeting at: https>/w ww.c ityofpal mdesert. o rg/our- city/coin m1tta es -and- comm issions/planning-com m ission- information-center. Comment Period: The public com- ment period for this project is from January 22, 2022, to February 1, 2022. Public Review: The project applica- tion is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Kevin Swartz. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73.510 Fred Waring Drive Palm Desert, CA 922M (760) 346-0611 ow artz®ciryofpalmdesert.org Publis 11`121/2022 media group A GANNETT COMPANY Order Confirmation for Ad #: 0005056216 Customer: CITY OF PALM DESERT Address: 73510 FRED WARING DR PALM DESERT CA 92260 USA Acct. #: TDS-300315 Phone: 7603460611 CITY OF PALM DESERT Ordered By: M. Gloria OrderStart Date: 12/22/2021 Order End Date: 12/22/2021 Tear Sheets Affidavits Blind Box Promo Type Materials Special Pricing Size 0 1 2 X 64.00 Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due $281.60 $0.00 $281.60 Invoice $0.00 $281.60 Ad Order Notes: Sales Rep: MKashifuddin Order Taker: MKashifuddin Order Created 12/20/2021 Product # Ins Start Date End Date TDS-The Desert Sun 1 12/22/2021 12/22/2021 12-22-21, * ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 12/20/2021 CITY OF PALM DESERT PUBLIC NOTICE OF AVAILABILITY & NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION SANTA BARBARA CONDOMINIUMS PP 21-0008/TPM 38033/CZ 21-0001 and MND LEAD AGENCY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 CONTACT PERSON: Kevin Swartz, Associate Planner (760) 346-0611, Exten- sion 485 PROJECT TITLE: Santa Barbara Condominiums PROJECT LOCATION: APN: 694-300-003, Southwest corner of Gerald Ford Drive and Shepherd Lane PROJECT DESCRIPTION: The applicant is proposing 32 condominium units and a clubhouse with a pool/spa within 3.91 acres of undeveloped land. The project includes 16 single -story duplex buildings around the perimeter of the property. The single -story clubhouse and pool/spa are located along Gerald Ford Drive. The non -gated project is designed with two (2) vehicular access driveways. The Gerald Ford Drive entrance allows a right turn in and a right turn out and the other entrance along Shepherd Lane allows for full ingress and egress with me- andering sidewalks along Gerald Ford Drive and Shepherd Lane. The project re- quires a Change of Zone from five (5) units per acre (PR-5) to eight (8) units per acre and a Mitigated Negative Declaration for environmental purposes. The project density of 32 units complies with the General Plan designation of Con- ventional Suburban Neighborhood, which has density allowances from three to eight (3-8) units per acre. In addition, the Tentative Tract Map (TTM) for condo- minium purposes (TTM 38033) will be concurrently processed with the entitle- ment application. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that any potential)y significant impacts can be miti- gated to a less than significant level. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration (MND) for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft MIND will commence on December 23, 2021, and end on January 14, 2022, for interested individuals and public agencies to submit written comments on the document. Any written comments on the Mitigated Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: kswartz@cityofpalmdesert.org. Cop- ies of the Mitigated Negative Declaration and Initial Study are available for re- view at the above address, and within this link. http://cpdftp.org/link/2SVnRGCv F908MAirrOAUcz. PUBLIC MEETING: Notification of the Planning Commission date, time, and place of the future public meeting will be provided later in compliance with City and California Environmental Quality Act (CEQA) requirements. Published: 12/22/2021 DRAFT N SITE PLAN SCALE: 1/64"=1'-0" SANTA BARBARA CONDOMINIUMS PRELIMINARY SITE PLAN DESERT LUXURY APARTMENTS LLC SITE PLAN KEYNOTES 1� 1 STORY DUPLEX UNIT. TYPICAL (MAX BLDG. HEIGHT ± 14'-0") 2� 20' DRIVEWAYS, TYPICAL 3 PARTIALLY COVERED SWIMMING POOL AND SPA AREA wl OUTDOOR SHOWER 4� CLUBHOUSE I AMENITY SPACE �5 UNISEXWASHROOM �6 BBQ AREA wl OUTDOOR KITCHEN 7 PUTTING GREEN I DETENTION POND FPROPOSED DETENTION POND 19-1 GREEN BELT wl PET FRIENDLY PATHWAY AND PET WASTE BAG DISPENSERS 10 PARK 11 WALKING PATH 12 RETAINING WALL + LANDSCAPING 13 LEASING OFFICE '14 LANDSCAPING TABULATIONS TOTAL LOT AREA: 172,470 SF (3.96 ACRES) TOTAL UNITS: 32 UNITS DENSITY: APPROX. 8 DU / ACRE DUPLEX BLDG: 1 STORY, MAX HEIGHT ± 14'-0" 3 BR 12 BA, WITH ATTACHED 2-CAR GARAGE UNIT AREA =1,350 SF APPROX. L- 21062.00 2021-10-05 1 DANIELIAN I A S S O C I A T E S NEIGHBOR APPROVAL SIGNATURE SIGNATURES HOUSE NO. & STREET EMAIL PHONE NUMBER SIGNATURE HOUSE NO. & STREET PALM DESERT, EMAIL CA 92211 PHONE NUMBER U1 u -z(gc)a cY�2r5o(1Can6v�6 co,rYI Lc�l-3 f u1�1�-- 1� J>� a� �� vim' d36�3 0/ c �� I22hOlczrLr� Cl►Ye a ►� rra�1, 4 -121 4. e ro e k\�2e+ u 1, �w� �� - 7'�( 31 U I l 7 - (�/ C°. ib•� o3 �, ey, n/4 a iz r al o v y C a nPri 7y D 5-64c d a y Wi W Ca -- U-repovfepf 1 h o= s6 7 8 ;lSa uo 7,116 C rrA C D W.► . br-> o -cp u'vG' �� -6 I�Z��ower la, Ca Q �drius . Co 7 l � `l I R Witr\ 5cbf lh0. On Pam..c(-, V-\ `1cp0's �o l� 111. V,iA 7 (� 5� 1� LN i,J L_c� L)N� I��`� 1, ca � T (- �36- 3s� c - r r, CD i2l %(0 —8 -6 �2i&:5� —ZhZo h—nW1 by 16 . C yS q��q-z5' M a�L-fl -I 5 Ql�li 1\'4'a Co Ub��f��o / �es-i- �sr1,��►�C1 �?(Po-�u�-/�4 n Tr 1qD 5 S m 3v—e'63-3s% ?Y®77 k/. Sul ao), 3/0---/'tv-70,�;c7 -0 A s'� , (ur Lh cl -j6 � - 610 .2 � oc'\ SANTA BARBARA CONDOMINIUMSPALM DESERT, CALIFORNIA21062.002021_12-08DANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r sw w w . d a n i e l i a n . c o m 9 4 9 . 4 7 4 . 6 0 3 0SHEET INDEXVICINITY MAPDEVELOPMENT OF 16 BUILDINGS/ 32 UNITS CONDOMINIUMS OVER A4 ACRE PARCEL LOCATED AT SOUTHWEST CORNER OF GERALD FORDDR. & SHEPHERD LN., PALM DESERT, CA.DEVELOPMENT INCLUDES AS FOLLOWING:-CHANGE EXISTING ZONING (PR-5) TO NEW ZONING (PR-8)-16 BUILDINGS/ 32 UNITS APARTMENT CONDOMINIUM-CLUBHOUSE ACCESSORY STRUCTURE-SWIMMING POOL AND SPA-COMMUNITY LANDSCAPE-DETENTION PONDCODE INFORMATION:PROPERTY OWNER :DESERT LUXURY APARTMENTS LLC.ADDRESS: 2755 S. NELLIS BLVD. SUITE #10, LAS VEGAS NV 89121TEL:702.641.2400EMAIL:QUALITYCHOICECONSTRUCTION@GMAIL.COMCONTACT: BILL ROSSSAM GUANCIARCHITECTURAL :DANIELIAN ASSOCIATES ARCHITECTS + PLANNERSCONTACT: JOHN DANIELIAN 949.474.6030EMAIL:JDANIELIAN@DANIELIAN.COMADDRESS:60 CORPORATE PARK IRVINE, CA 92606CIVIL :PEARL CITY ENGINEERINGCONTACT: YANG HU 714.606.3655ADDRESS: 1411 RIMPAU AVE STE 109, CORONA CA 95279ENVIRONMENTAL:ELEVATED ENTITLEMENTSCONTACT: KEVIN KOHAN 805.232.4383ADDRESS: 280 E. THOUSAND OAKS BLVD, SUITE H THOUSAND OAKS, CA 91360LANDSCAPE :HERMANN DESIGN GROUPCONTACT: CHRIS HERMANN 760.777.9131EMAIL:chris@hdg-inc.comSOIL :TERRADYNE ENGINEERING, INC.CONTACT: KURT BROWNADDRESS:2691 DOW AVE. STE F, TUSTIN CA 92780SEWER & WATER SERVICE:COACHELLA VALLEY WATER DISTRICTADDRESS: HOVLEY LN. AND WATER WAY, PALM DESERT CA 82260TEL: 760.398.2651GAS :SOUTHERN CALIFORNIA GAS COMPANYADDRESS: 45-123 TOWN ST., INDIO CA 92201TEL: 800.427.2200WASTE DISPOSAL:BURRTEC WASTE & RECYCLING SERVICESADDRESS: 41-575 ECLECTIC, PALM DESERT CA 92260TEL: 760.340.2113TELEPHONE/ INTERNET :FRONTIER COMMUNICATIONSADDRESS: 73-766 PALM DESERT DR, PALM DESERT CA 92260TEL:877.775.6373CABLE TV/ INTERNET:SPECTRUMADDRESS: 41-725 COOK ST. P.O. BOX 368, PALM DESERT CA 92201TEL: 888.892.2253LOT COVERAGE:TOTAL COVERAGE AREA: 68,473 S.F.TOTAL LOT AREA:172,500 S.F.MAX COVERAGE AREA:50%LOT COVERAGE:39.69%DENSITY:LOT AREA:3.96 ACTOTAL UNITS:32 UNITSDENSITY:APPROX. 8 DU / ACREFLOOR AREA RATIO :TOTAL FLOOR AREA:60,528 S.F.TOTAL LOT AREA:172,500 S.F.FLOOR AREA RATIO:0.35DUPLEX AREA (32 UNITS)LIVING SPACE : 2,682 SFGARAGE : 529 SFTOTAL: 3,740 SFCLUBHOUSE AREA : 672 SF+ 229 SF EQUIPMENT ROOMTOTAL 901 SFUNIT SIZEFLAT (3BR/2BA) - 1,337 SFPROJECT TOTAL (16 BUILDINGS)3,740 x 16 = 59,840 SFLANDSCAPE PERCENTAGE:TOTAL LANDSCAPE AREA: 71,875 S.F.TOTAL LOT AREA: 172,500 S.F.LANDSCAPE PERCENTAGE: 41.66%PARKING SPACE CALCULATION:TOTAL VISITOR PARKING PROVIDED: 7TOTAL ACCESSIBLE VISITOR PARKING PROVIDED: 12019 CALIFORNIA BUILDING CODE BUILDING CODE:2019 CALIFORNIA MECHANICAL CODE MECHANICAL CODE:2019 CALIFORNIA PLUMBING CODEPLUMBING CODE:2019 CALIFORNIA ELECTRICAL CODE ELECTRICAL CODE:2019 CALIFORNIA FIRE CODE FIRE CODE:2019 CALIFORNIA ENERGY CODE ENERGY CODE: PROJECT INFORMATION:ASSESSOR'S PARCEL:LOT SIZE:ZONING:OCCUPANCY GROUP:CONSTRUCTION TYPE:FIRE SPRINKLER694.300.0034 ACPR-5 (EXISTING), PR-8 (PROPOSED)R-3V-BYES/ NFPA 13DDEVELOPMENT STANDARDS:DENSITY:MAX. LOT COVERAGE:MAX. HEIGHT:MAX. STORIES4-4050%40'3SCOPE OF WORK:ARCHITECTURALA-0.0COVER SHEETA-1.0SITE PLANA-2.0SITE SECTIONSA-2.1SITE PERSPECTIVESDUPLEXA-3.1FLOOR PLANA-3.2ROOF PLAN - ELEV. AA-3.3ROOF PLAN - ELEV. BA-4.0BUILDING SECTIONSA-5.1BUILDING ELEVATIONS - ELEV. AA-5.2BUILDING ELEVATIONS - ELEV. AA-5.3BUILDING ELEVATIONS - ELEV. BA-5.4BUILDING ELEVATIONS - ELEV. BA-6.1ELEV. A PERSPECTIVESA-6.2ELEV. B PERSPECTIVESCLUBHOUSEA-7.0FLOOR PLAN / ROOF PLANA-8.0ELEVATIONSA-9.0SECTIONS / PERSPECTIVESA-10.0EXTERIOR LIGHTING PLANA-11.0COLOR & MATERIAL BOARDCIVILC-1PRELIM. GRADING PLAN / TTMC-2PRELIM. GRADING PLAN / TTMC-3PRELIM. GRADING PLAN / TTMC-4PRELIM. GRADING PLAN / TTMLANDSCAPEL1.0PRELIMINARY DESIGNL1.1PRELIMINARY DESIGN AL1.2PRELIMINARY DESIGN BL1.3PRELIMINARY DESIGN CL1.4PRELIMINARY DESIGN DL1.5PRELIMINARY DESIGN EL1.6PRELIMINARY DESIGN F CLSHEPHERD LANECL POOL EQUIP. ROOM12'-4" x 17'-0"GYM / AMMENITY SPACELEASING OFFICE20'-0" x 10'-10"PARTIAL COVERED POOLSPAUNISEXBATHROOMLEASING OFFICE20'-0" x 10'-10"SITE PLANGERALD FORD DRIVEGUANCI LANESHEPHERD LANEAA-2.0AA-2.0BA-2.0BA-2.0SITE PLAN1" = 30'-0"SANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-1.0ROSS LANE SITE PLAN KEYNOTESPROPOSED PROPERTY LINES1PROPOSED CONDOMINIUM BUILDING, SEE A-3.12PROPOSED SWIMMING POOL AND SPA AREA3PROPOSED NATURAL STONE COMMUNITY SIGNAGE4PROPOSED LANDSCAPE AREA, PER LANDSCAPE PLAN5PROPOSED TRASH CAN LOCATION6DOG FRIENDLY AREA7PROPOSED DETENTION POND, PER CIVIL PLAN &LANDSCAPE PLAN8PROPOSED ACCESSIBLE PARKING STRIP, MAX SLOPEOF 2% IN ALL DIRECTIONS9PROPOSED 5' CONCRETE SIDEWALK10PROPOSED CURB RAMP & DETECTABLE WARNING11PROPOSED 10' CMU WALL TO MATCH EXISTING12PROPOSED FIRE APPARATUS PATH13PROPOSED CONCRETE DRIVEWAY14EXISTING RIGHT OF WAY15PROPOSED CLUBHOUSE, SEE A-7.01617PROPOSED 5' HIGH FENCE W/ MAX. 4" OPENINGBETWEEN RAILINGS AROUND POOL AREA18PEDESTAL-MOUNTED MAILBOXES11113222222222222224555588910101011201314131430'-0"26'-0"1515151618621'-0"278'-2"55'-0"59'-0"R20'-0"R20'-0"R20'-0"R2 0 ' - 0 "19PROPOSED ACCESSIBLE PATH OF TRAVELFROM RIGHT OF WAY191924'-5"15'-0"39'-0" 18'-0"ENLARGED PARKING PLAN1" = 10'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"5'-0"225835'-0" 39'-0" 35'-0"20'-0"20'-0"28'-5" 24'-5"28'-5" 3'-0"20'-0"3'-0"18'-0" 26'-0"22'-0"ENLARGED STREET CLEARANCE1" = 10'-0"6667518'-0"22'-0" 26'-0"22'-0"18'-0" 11'-2"43'-10"10'-0"10'-0"15'-5"10'-0"10'-3"10'-3"14'-10"15'-0"172020PROPOSED 5' HIGH SITE WALL202020ELEV. STYLE AELEV. STYLE BELEV. STYLE BELEV. STYLE BELEV. STYLE BELEV. STYLE AELEV. STYLE AELEV. STYLE AELEV. STYLE BELEV. STYLE BELEV. STYLE BELEV. STYLE BELEV. STYLE AELEV. STYLE AELEV. STYLE AELEV. STYLE A919TYP.TYP. SITE SECTIONSSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-2.00'10'5'20'SCALE 3/32" = 1'-0" SITE PERSPECTIVESSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-2.1 BA-4.0BA-4.0AA-4.0AA-4.0WDWDM. BR10'-10" x 13'-0"M. BAW.I.C.2-CAR GARAGE20'-1" x 21'-4"BR 311'-1" x 11'-0"LAUNDRYBA 2PATIOLIVINGKIT.BR 211'-1" x 11'-0"LAUNDRYBA 2W.I.C.M. BAM. BR10'-10" x 13'-0"BR 311'-1" x 11'-0"BR 211'-1" x 11'-0"2-CAR GARAGE20'-1" x 21'-4"KIT.LIVINGPATIOENTRYENTRY79'-10"14'-1"34'-3"15'-3"12'-9"3'-6"55'-1"6'-512"2'-6"16'-0"5'-2"16'-0"2'-6"6'-512"13'-5"34'-3"15'-3"12'-9"3'-6"79'-2"12'-8"6'-512"8'-11"8'-11"6'-512"12'-8" 56'-1"33ELEVATIONSTYLE B55ELEVATIONSTYLE BELEVATIONSTYLE B2252251'-0"3'-0"3'-0"3'-0"LANDSCAPE SCREENING1'-0"3'-0"3'-0"3'-0"LANDSCAPE SCREENING66PATIOLIVINGLIVINGPATIOENTRYENTRY55FLOOR PLANFLOOR PLAN KEYNOTESAC UNIT W/ SCREENING1TRASH AND RECYCLE BIN2TANKLESS WATER HEATER3GAS METER / STORAGE4SANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-3.10'SCALE 1/4" = 1'-0"1'-0"2'-0"DUPLEX PLAN - ELEVATION STYLE A1/4" = 1'-0"DUPLEX PLAN - ELEVATION STYLE B1/4" = 1'-0"INTERNAL WALL DRAINS5A/C UNIT W/ SCREENING6 3.5:12SLOPE23.5:12 SLOPE 3.5:12SLOPE3.5:12SLOPE3.5:12SLOPE3.5:12SLOPE3.5:12SLOPE3.5:12SLOPE 3.5:12 SLOPE 3.5:12 SLOPE 3.5:12SLOPET.O.P± 14'-6" A.F.F.T.O.P± 13'-0" A.F.F.T.O.P± 14'-0" A.F.F.T.O.P ± 13'-0" A.F.F. T.O.P ± 13'-6" A.F.F.T.O.P± 15'-6" A.F.F.T.O.P± 13'-6" A.F.F.T.O.P ± 13'-0" A.F.F. T.O.P ± 11'-6" A.F.F.T.O.P± 12'-0" A.F.F.1'-6" 1'-6" 1'-6"1'-6"1'-6" 1'-6"BA-4.0BA-4.0AA-4.0AA-4.0111133333ROOF PLANROOF PLAN KEYNOTESROOF DRAIN11/4" : 1'-0" SLOPED ROOF2ELEV. ASANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-3.20'SCALE 1/4" = 1'-0"1'-0"2'-0"WALL LINE BELOW3 23.5:12SLOPE3.5:12SLOPE3.5:12SLOPE1T.O.P± 13'-6" A.F.F.T.O.P± 12'-6" A.F.F.T.O.P ± 14'-0" A.F.F.T.O.P± 15'-0" A.F.F.T.O.P ± 14'-0" A.F.F.T.O.P± 9'-2" A.F.F.1'-0" 1'-6"1'-6"1'-0"3.5:12SLOPE1'-6"1'-6"1'-6"1'-6"T.O.P ± 14'-6" A.F.F. T.O.P ± 13'-6" A.F.F.T.O.P ± 12'-0" A.F.F.T.O.P± 9'-2" A.F.F.T.O.P± 14'-0" A.F.F.T.O.P± 15'-0" A.F.F.2BA-4.0BA-4.0AA-4.0AA-4.0111ROOF PLAN0'SCALE 1/4" = 1'-0"1'-0"2'-0"ROOF PLAN KEYNOTESROOF DRAIN11/4" : 1'-0" SLOPED ROOF2WALL LINE BELOW3ELEV. BSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-3.3 BUILDING SECTIONS0'SCALE 1/4" = 1'-0"1'-0"2'-0"SANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-4.0 BUILDING ELEVATIONS0'SCALE 1/4" = 1'-0"1'-0"2'-0"ELEV. STYLE ASANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-5.1 0'SCALE 1/4" = 1'-0"1'-0"2'-0"BUILDING ELEVATIONSELEV. STYLE ASANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-5.2 0'SCALE 1/4" = 1'-0"1'-0"2'-0"BUILDING ELEVATIONSELEV. STYLE BSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-5.3 0'SCALE 1/4" = 1'-0"1'-0"2'-0"BUILDING ELEVATIONSELEV. STYLE BSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-5.4 PERSPECTIVESELEV. STYLE ASANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-6.1 PERSPECTIVESELEV. STYLE BSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-6.2 POOL EQUIP. ROOM12'-4" x 17'-0"GYM / AMMENITY SPACELEASING OFFICE20'-0" x 10'-10"UNISEXBATHROOM2'-0"17'-11"14'-0"14'-5" 48'-4"11'-5"2'-6"14'-2"5'-4"15'-10"1'-10"51'-1"3'-6"11'-3"17'-712"9'-10"6'-112"48'-4"10'-1"2'-6"6'-5"2'-6"21'-6"AA-9.0AA-9.0BA-9.0BA-9.03.5:12SLOPET.O.P ± 14'-6" A.F.F.3.5:12SLOPE3.5:12SLOPE3.5:12SLOPET.O.P± 12'-10" A.F.F.23'-0"14'-0"1'-6"1'-6"1'-6"1'-6"AA-9.0AA-9.0BA-9.0BA-9.0CLUBHOUSE FLOOR PLAN&ROOF PLANROOF PLAN1/4" = 1'-0"FLOOR PLAN1/4" = 1'-0"SANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-7.0 CLUBHOUSE0'SCALE 1/4" = 1'-0"1'-0"2'-0"ELEVATIONSSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-8.0 0'SCALE 1/4" = 1'-0"1'-0"2'-0"CLUBHOUSESECTIONS & PERSPECTIVESSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-9.0 LIGHTINGSPECIFICATIONSSANTA BARBARA CONDOMINIUMSPALM DESERT, CADANIELIANA S S O C I A T E Sa r c h i t e c t s p l a n n e r s21062.00DESERT LUXURY APARTMENTS LLC.2021_12-08A-10.0-REFER TO BLDG. ELEVATIONS FOR LIGHTING LOCATIONS 55 COLOR SCHEME 1 SHERWIN WILLIAMS1 MANUFACTURED STONE VENEERELDORADO STONECUT COARSE STONESEASHELLSEASHELLCOLORS & MATERIALSSANTA BARBARA CONDOSSW 9117Urban JungleSW 7547SandbarSW 6173Cocoon5 5 COLOR SCHEME 2SHERWIN WILLIAMSSW 6151Quiver TanSW 6141Softer TanSW 7680LanyardPALM DESERT, CA6 CONCRETE ROOFINGCHARCOAL BROWNCHARCOAL BROWN6 CONCRETE ROOFINGRUSTIC BROWNRUSTIC BROWN21062.002021_12-082 WINDOWSAND DOORS ESPRESSOESPRESSO3 3 FASCIAS SW 7674PeppercornSW 7669Summit Gray4 GARAGE COLOR A-11.0 NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW DIRECTIONDUCTILE IRON NYLOPLAST DO NOT POLLUTE DRAINS TO WATERWAYSNYLOPLAST DO NO T PO LLUTEDRAINS TO WATERWAYS FLOW DI R EC T IO N DUCTILE IRONNYLOPLAST DO N O T P OL LU T E DR A IN S T O W AT E RW AY S NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYS FLOW DIRECTIONDUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYS NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW DIRECTION DUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYS NYLOPLAST DO NO T PO LLUTEDRAINS TO WATERWAYS FLOW D I RE CT I ON DUCTILE IRONNYLOPLAST DO N O T P OL LU T E DR A IN S T O W AT E RW AY S NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW D I R E C T I O N DUCTILE IRON NYLOPLAST DO N O T P O L L U T E D R A I N S T O W A T E R W A Y S PRELIMINARYDESIGNL1.0FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYS FLOW DIRECTIONDUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYSABC PRELIMINARYDESIGN AL1.1FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW DIRECTIONDUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYSNYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYS FLOW DI RECT ION DUCTILE IRONNYLOPLAST DO N OT POLLU TE DRA INS TO WATE RW AYS PRELIMINARYDESIGN BL1.2FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYS FLOW DI RECT ION DUCTILE IRONNYLOPLAST DO N OT POLLU TE DRA INS TO WATE RW AYSABC PRELIMINARYDESIGN CL1.3FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. ABCPRELIMINARYDESIGN DL1.4FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW DIRECTIONDUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYSPRELIMINARYDESIGN EL1.5FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. NYLOPLASTDO NOT POLLUTEDRAINS TO WATERWAYSFLOW DIRECTIONDUCTILE IRONNYLOPLASTDO NOT POLLUTE DRAINS TO WATERWAYSABCPRELIMINARYDESIGN FL1.6FAX (760) 777-9132PH. (760) 777-9131PALM DESERT, CASUITE 102HERMANNLIC# 275492211EXP. 04/30/22DESIGNGROUP77-899 WOLF RD. To: Honorable Chair and Members of the Planning Commission From: Eric Ceja, Deputy Director of Development Services Date: February 1, 2022 Subject: Consideration of a Recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan During the Planning Commission’s regularly scheduled meeting of January 18, 2022, staff requested the continuation of Case No. GPA 21-0002 to February 1, 2022, to allow staff to work with the California Department of Housing & Community Development (“HCD”) to finalize details of the Housing Element. On Monday, January 24, 2022, the City received the last series of revisions from HCD to the Housing Element draft, as provided in the attached Exhibit A “Housing Element Revisions Excerpt,” and that portion is now complete. The second portion of revisions pending to be received are on the Affirmatively Furthering Fair Housing (“AFFH”). Staff will provide an oral report when this consideration is presented at the regularly scheduled meeting of February 1, 2022. For clarification purposes, please note that Exhibit A has a typo in program 1.A., where the reference to Millennium should be H, not F. The correction has been changed to show the third bullet as site H. Further, a question was raised during the meeting by a public participant as to the City’s designation of real property as suitable for the development of low-income housing in the Housing Element of the City’s General Plan. The City Attorney’s Office was able to provide the attached memorandum detailing state law and the City’s ability to prepare the Housing Element and include real property as part of the Housing Element Inventory. City staff has provided the property owner in question with this memorandum and has had further discussions about the intent of the Housing Element and why the property is included. Attachments: 1. City Attorney Memorandum 2. Housing Element Revisions Excerpt Exhibit A CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM 72500.00001\34756670.2 Memorandum To: Eric Ceja, Deputy Director of Development Services From: Robert Hargreaves, City Attorney; Best Best & Krieger LLP Date: January 23, 2022 Re: City of Palm Desert’s Constitutionally-Vested Land Use Authority At a recent meeting of the City of Palm Desert’s Planning Commission, a question was raised as to the City’s designation of real property as suitable for the development of low-income housing in the housing element of the City’s General Plan. To address this question, we offer the following overview of the City’s constitutionally-reserved authority to enact and enforce zoning and planning regulations generally and in implementing California’s Housing Element Law. Under Article XI of the California constitution, cities and counties in California—including charter cities like the City of Palm Desert—possess a broad police power. (Cal. Const., art XI, §§ 5, 7; see also Charter for the City of Palm Desert, Art. 1, §§ 100–101.) The City’s police power encompasses plenary authority to regulate many activities within the City’s territorial limits, such as enacting and enforcing planning, zoning, and building ordinances for the protection of public health, safety, and welfare. (Fonseca v. City of Gilroy (2007) 148 Cal.App.4th 1174, 1181.) In some circumstances, the State of California provides guidance on the City’s exercise of its plenary authority. For example, under California’s Planning and Zoning Law (Gov. Code, § 65000, et seq.), a city must adopt a general plan to guide long-term land use planning and development. (Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.App.4th 192, 196–97.) A general plan must include a housing element. (Id. at p. 197; see generally Gov. Code, § 65583.) And, the housing element of a general plan must address a city’s existing and projected housing needs for people of all income levels based on the Regional Housing Needs Assessment (“RHNA”) conducted by the California Department of Housing and Community Development (“HCD”) along with the share of RHNA (sometimes called the RHNA allocation) for which a city is responsible. (Gov. Code, §§ 65583–65583.2, 65584–65584.09, 65585; Fonseca, supra, 148 Cal.App.4th at pp. 1184–85, 1186, n. 8.) In planning for adequate housing across all income levels, a city identifies sites where housing could be developed and may designate sites as suitable for housing that would be affordable for people at a particular income level; a city may also identify property that could be developed or redeveloped into housing if rezoned. (Ibid; see, e.g., Fonseca, supra, 148 Cal.App.4th at pp. 1209–10.) Ultimately, while the State of California has established this framework for land use planning, the City of Palm Desert retains and exercises its plenary authority to implement the planning framework, zone or rezone property, and identify and designate sites as suitable for low- income housing in preparing a housing element. (See generally Anderson v. City of San Jose (2019) 42 Cal.App.5th 683; Ruegg & Ellsworth v. City of Berkeley (2021) 63 Cal.App.5th 277, 323; Gov. Code, § 65913.1, subd. (a), [city exercises “its authority” when zoning land and revising housing element, italics added].) The City of Palm Desert possesses this authority over land use and planning under the California Constitution and its charter. And, because the City’s exercise of this authority to designate sites suitable for housing in developing a code-compliant housing element 72500.00001\34756670.2 - 2 - does not result in the elimination of all economically beneficial use of designated property, the City of Palm Desert has exercised its authority consistent with the United States Constitution as well; no regulatory takings has occurred. (See generally Allegretti & Co. v. Cty. of Imperial (2006) 138 Cal. App. 4th 1261.) EXHIBIT A Housing Element Revisions Excerpt LAND INVENTORY The City’s Regional Housing Needs Assessment for the 2022-2029 planning period projects that a total of 2,790 housing units will be needed in the City. Of these, 1,194 will be for above moderate income households, and 461 will be for moderate income households. In addition, the City expects to conserve a total of 67 units affordable to low income households, and rehabilitate 67 units with substandard sanitary facilities (see Quantified Objectives, above). Above moderate income units are expected to be market-driven, single-family homes traditionally built in the City. More than adequate approved projects are available for above moderate units, as shown in Table III-48. Moderate income units are expected to be a combination of market rate rental units and assisted units, based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households, but ownership units are not. Two moderate income sites, shown with an asterix in Table III-47, are included in the Vacant Land Inventory to demonstrate that there is sufficient capacity for these units. The sites are identified as “DD” and “H” in the Table and on the land inventory map, and will result in 574 units, which exceeds the RHNA allocation of 461 units. Site DD (The Sands, described below) is entitled. Site H has completed a pre-application review, and is currently being processed. The remaining 1,135 housing units required for RHNA are for extremely low, very low, and low income households. The City has identified vacant land that will allow the development of 1,475 units for extremely low, very low and low income households, as shown in Table III-47. These lands include a combination of approved projects, projects currently being entitled, and vacant lands which all have the Housing Overlay District. Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element increased densities and provides for the redevelopment of the downtown, including the San Pablo area, with a particular focus on more urban housing environments in flanking neighborhoods. The Land Use Element also includes the University Park area, which is designed to accommodate higher density. Table III-47 lists the available vacant lands in the City by Assessor’s Parcel Number and provides the size of each parcel and the potential number of units that could be developed on each. All lands shown in the Table have all utilities available immediately adjacent to them, including water, sewer, electricity, and natural gas. As shown on the corresponding map, inventory lands are geographically distributed throughout the City and not concentrated in any areas. As such, they affirmatively further fair housing principles. Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 Lands provided in the inventory have been calculated at a density of 15 to 23 units per acre. The density range assumes that 80% intensity will be achieved based on: an average unit size of 1,000 square feet, 28 units per acre can be achieved with 3-story buildings, which is the current height limit in the Planned Residential (PR) zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities in each of the zones. The most recent affordable housing projects built in the City were constructed at densities of 15 to 28 units per acre, including Carlos Ortega Villas, at 13 units per acre , and the City currently has entitled or proposed affordable housing projects at densities of 17.5 to 27 units per acre on parcels of 10 acres or more: • The Sands, Site DD: 388 units on 17.5 acres (22/acre); • Pacific West, Site B, 269 units on 12 acres (23/acre); • Millennium private site, Site H, 330 units on 15 acres (22/acre), and • Millennium City site, Site C, 240 units on 10 acres, 24/acre). In addition to these projects, the City of La Quinta, east of Palm Desert, developed the Coral Mountain Apartments in 2018, providing 176 units on 11 acres of land, at a density of 16 units per acre. The capacity of sites D and F has been calculated based on the projects that have been entitled in the City and region, at 20 units per acre. Discussions with the developers of sites B and H have shown that the projects are well under way, and that both developers believe that their densities are the maximums that they can market to families in the desert. Those same developers have also assured the City that they have financing well in hand from private equity sources, which will ensure that the projects will be constructed. In addition, the City has reviewed the proformas for the projects proposed on sites B and C, which show that they can be feasibly constructed and provide a positive return on investment for the developers. Therefore, the feasibility of development of sites D and F at the densities described in Table III-47 is considered high. All four of the projects in the City and the La Quinta project are on large sites (10 acres or more), and have been built, entitled or are in the entitlement process. Significantly, the two most recent projects in which the City is participating, the Pacific West and Millennium City site, are 10 acres or more. Large sites are also included in Table III-47, sites A and F are both planned for larger sites. Although the sites are feasible at 15 and 16 acres, respectively, Program 1.F is also provided to encourage subdivision of these parcels to smaller sites, with the provision of incentives. As described on page III-46, Infrastructure Requirements, water, sewer and dry utilities are all in place throughout the City, immediately adjacent to all the sites listed in Table III-47. The current pattern of projects being proposed in the City also shows that large sites are not constrained from development, as all four currently proposed projects listed here are on sites of 10 acres or Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 larger. In addition, when the City adopted the Housing Overlay District, it placed it on all Inventory sites to increase capacity and allow higher densities on these properties. Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units Vacant Entitled Sites B 694-310-006 Town Center Neighborhood P.R.-20 12 of 68.2 4 to 20 22.5 269 DD 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 78 DD* 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 310 E 694-520-019 Small Town Neighborhood; Employment Center P.R.-19 5.62 19 18 17 694-520-020 Small Town Neighborhood; Employment Center P.R.-19 1.2 19 4 PP 624-441-014 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-015 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-016 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-017 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-018 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-019 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-020 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-021 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-022 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 QQ 624-440-032 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-033 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-034 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units 624-440-035 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-036 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Subtotal Entitled Sites 692 Vacant Sites in the Entitlement Process LL 627-122-003 Small Town Neighborhood R-2, HOD 0.16 3 to 10 20 3 627-122-013 Small Town Neighborhood R-2, HOD 1.27 3 to 10 20 25 H 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 44 H* 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 286 C 694-120-028 Town Center Neighborhood; Suburban Retail Center P.C.-(3), FCOZ 10 of 20.18 7 to 40 24 240 KK 622-370-014 Public Facility/Institutional P 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 634 Vacant Sites A 685-010-005 Regional Retail P.C.-(3), P.C.D. 15 of 64.26 10 to 15 14 200 D 694-130-017 Town Center Neighborhood P.R.-22 8.43 22 20 169 694-130-018 Town Center Neighborhood P.R.-22 2.52 22 20 50 F 694-510-013 Town Center Neighborhood P.R.-22 16.32 22 20 326 Subtotal Vacant Sites 745 Total All Vacant Sites 2,071 * Moderate Income Site ** All sites in this Table have been assigned the Housing Overlay District. Commercial Designated Sites Sites C and A are proposed on lands currently designated for Planned Commercial. In the case of Site C, the land is owned by the City, and is currently under contract for development of 240 Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 affordable housing units for very low and low income households (please see discussion below, Pending Projects). This site has the HOD overlay, which allows parking reductions and fee waivers for the development of affordable housing units. Site A is part of a larger holding owned by a private party. The developer is preparing a Specific Plan which will include a minimum of 200 units affordable to very low and low income households. The Specific Plan, as allowed by State law, will include site-specific zoning standards to allow the development of these units. The Specific Plan submittal is expected in 2021-2022. Small Sites As described below, Site LL is City-owned, and will be developed for 28 units affordable to very low and low income households. The City will consolidate the lots when development occurs. In addition, the map provided below lists a site T. This site has been removed from the inventory, but consists of 6 vacant lots located on the south side of Fred Waring Drive, directly across from College of the Desert, and in close proximity to jobs and shopping opportunities on Highway 111. It is the City’s hope that these lots will be developed for affordable housing units, particularly for students and their families. However, since the City does not control these lots, they are not included in Table III-47. As shown in the Table, approximately 2,071 units could be constructed on lands which are currently available for multiple family residential development. As several of these sites are larger, Program 1.F has been provided to encourage the subdivision of these sites to facilitate multi-family development, even though currently proposed projects for affordable housing in the City are on sites of 10 to 15 acres. This inventory accommodates land needed for very low, low and moderate income households, although as described above, moderate income households can afford market rate rentals in the City currently. According to the Fair Housing analysis, the City has a low segregation level, no racially or ethnically concentrated areas of poverty, equal access to opportunity, and no disproportionate housing needs. The sites identified above will not exacerbate any such conditions. Pending Affordable Housing Developments The following affordable projects are either entitled or proposed and anticipated to be built during the planning period. Entitled Projects • The Sands Apartments (Site DD) on Hovley Lane is approved for a total of 388 multi-family rental units. Of those, 78 are required to be affordable for very low income households through an approved Development Agreement that requires that the units be deed restricted. The balance are expected to be market units which will be affordable to moderate income households based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households. Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 • Palm Desert 103 (Site E) will include 21 one and two-bedroom rental units reserved for moderate income residents required by conditions of approval, which require that the units be deed restricted. The project will be developed by a private party. • In May 2020, the City conveyed 14 vacant parcels on Merle Street to the Coachella Valley Housing Coalition (CVHC) for the development of 14 detached single-family, self-help ownership homes for very low and low income households. CVHC will deed restrict the homes when they are developed. The parcels closed escrow in December of 2021, and construction will start in April of 2022. CVHC will deed restrict 3 homes for very low income households, and 11 lots for low income households for a period of 45 years. These lots are shown on the inventory as sites PP and QQ. Pacific West (Site B) The Successor Agency to the Palm Desert Redevelopment Agency (SARDA) is under contract for the sale of 10± acres immediately east of the Sherriff’s station on Gerald Ford Drive, for the development of 269 units affordable to be deed restricted for very low and low income households. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. Projects Pending Entitlements Sagecrest Apartments (Site LL) will be rebuilt into a minimum of 28 units for very low and low income households with the implementation of the Housing Overlay. The Housing Authority is currently seeking proposals for this project. This Housing Authority project is located at the corner of Santa Rosa and San Pasqual. The project will require a Precise Plan approval when the developer is selected. The units will be deed restricted for very low and low income households, and renters will be required to show proof of income. The DDA for the project includes a requirement that the units be built by 2024. 1. Pacific West (Site B) The Successor Agency to the Palm Desert Redevelopment Agency (SARDA) is under contract for the sale of 10± acres immediately east of the Sherriff’s station on Gerald Ford Drive, for the development of 269 units affordable to be deed restricted for very low and low income households. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. • Millennium Private site (Site H) will include 66 affordable rental units with 44 to very low and low income and 22 to moderate, within a 330 unit market rate/moderate income project on 10 acres. The affordability of the very low, low and moderate income units have been secured in an approved Development Agreement, and will require deed Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 restrictions. The project is proposed by a private housing developer. The project is being designed, and a Precise Plan application is expected in October of 2021. • Millennium City site (Site C) The City is currently under contract for the development of 240 units affordable to very low and low income households on 10 acres of land. The units will be deed restricted. The project will be developed by a private housing developer on City land. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. • Arc Village (Site KK) will include 36 affordable rental units, including 32 one-bedroom units and 4 two-bedroom units, for special needs adults adjacent to the Desert Arc campus. The project will be developed by a private party. This project will require a Previse Plan application. These entitled and pending entitlement projects will result in a total of 716 units affordable to very low and low income households, and 596 units affordable to moderate income households. With completion of these projects, the City will need to accommodate an additional 419 units for very low and low income households, and would have an excess of 135 moderate income units when all entitled and pending entitlement sites in Table III-47 are developed. Table III-47 also shows that the City has capacity for 759 units on vacant sites, almost double the 419 needed during the planning period to complete the RHNA. Table III-48 provides a list of entitled projects which will be available for market housing, to accommodate the City’s RHNA for the above moderate income category. These projects include plans for single family homes, condominiums and townhomes, and apartments. These projects are in various stages of development. Dolce is under construction. Stone Eagle, Big Horn Mountains, Big Horn Canyon, and Ponderosa Homes lots are recorded and only single family building permits are required. In the case of Montage, the project was approved in May, 2021 and is currently proceeding to record the Tract Map and secure grading and building permits. In the case of University Park, Millennium Apartments, Ponderosa Apartments, Precise Plan applications are required to allow development. University Park, the Santa Rosa Golf Course, the Catavina site and Villa Portofino require further subdivision and Precise Plan approvals. The various stages of development allow for staged development throughout the planning period. Memo: Consideration of a recommendation to the City Council to Amend the City’s Housing Element and Safety Element of the General Plan, Case No. GPA 21-0002 Page 2 of 8 February 1, 2022 Table III-48 Vacant Above Moderate Income Sites Map Key Project Name Remaining Lots Projected Units 1 Stone Eagle 25 25 2 Big Horn Mountains 10 10 3 Big Horn Canyon 31 31 4 University Park – Phase I 1,069 1,069 5 University Park – Phase II 1,291 1,291 6 University Park – Phase III 196 196 7 Millennium Apartments 330 264 8 Former Santa Rosa Golf Course 300 300 9 Former Catavina Site 159 159 11 Villa Portofino – Lot 1 145 145 12 GHA Montage 63 63 13 Ponderosa Homes 99 80 14 Ponderosa Apartments 140 140 15 Dolce 127 127 16 Monterey Ridge 202 202 Total Units 4,187 4,102 The map below provides the location of the sites shown in the inventory tables. STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: January 18, 2022 PREPARED BY: Eric Ceja, Deputy Director of Development Services Jessica Gonzales, Senior Management Analyst REQUEST: Consideration of a recommendation to the City Council to adopt a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), and approval of General Plan Amendment 21-0002, amending the City’s Housing Element and Safety Element of the General Plan. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2804 recommending to the City Council to adopt a Mitigated Negative Declaration in accordance with CEQA, and approval of General Plan Amendment (GPA 21-0002), amending the City’s Housing Element and Safety Element of the General Plan. Executive Summary As a required Element of the General Plan, the Housing Element analyzes the existing housing stock, and existing and future housing needs based on demographic data and provides strategies to meet the housing needs of the City’s residents. The Housing Element focuses on affordable housing and housing for special needs populations, including seniors, disabled persons (including developmental disabilities), large families, single- parent households, and the homeless. The Goals, Policies, and Programs identified in this Housing Element will assist the City’s decision-makers in facilitating housing development and preservation to address the need. The City is complying with the mandatory update schedule for Housing Elements. This update addresses the 2022- 2029 planning period. The Safety Element Update addressed changes in the requirements of the law, including flood hazard, fire hazard mapping, and emergency preparedness. The Safety Element Update reflects the current fire hazard mapping by CalFire and current FEMA flood hazard zones. The update also expanded discussion on flood hazard, fire hazard, and emergency response by referring to the City’s Municipal Code Title 28 Flood Damage Prevention, the Local Hazard Mitigation Plan adopted by the City in 2017, and Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan approved by FEMA and adopted in 2018. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 2 of 11 It is important to note that neither the Housing Element Update nor the Safety Element Update will result in any physical development or change in the environment. Both updates are policy documents, which the City will use in reviewing and implementing development in the future, as projects are proposed. Background State law requires that each City adopt a General Plan to guide land use and development. Among the seven (7) required “elements” of the General Plan is the Housing Element. The Housing Element sets forth goals, policies, and programs that address the future housing needs for all income levels over an eight-year (8) planning period, which coincides with the Regional Housing Needs Assessment (RHNA) projection period. The RHNA is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The City is required by state law to update its Housing Element every eight (8) years to coincide with the approved RHNA. Housing Element planning periods are sometimes referred to as “cycles.” The City’s existing Housing Element covers the planning period extending from 2013-2021, which is referred to as the “Fifth Housing Element Cycle” in reference to the five (5) required updates that have occurred since the comprehensive revision to the State Housing Element law in 1980. Every city and county in the Southern California Association of Government (SCAG) region is required to prepare a Housing Element update for the sixth planning cycle, which spans the 2021-2029 period (October 15, 2021 - October 15, 2029). When updating the Housing Element, the City must also review the Safety Element of the General Plan and update accordingly. The purpose of the Safety Element review and update is to confirm that potential housing sites are developable and that there are minimal obstacles to developing these sites. The following provides a general timeline describing major milestones in preparing the City of Palm Desert Draft 2021-2029 Housing Element Update: • January 6, 2021: Public Meeting, Housing Commission Workshop No. 1, via Zoom on the 2021 Housing Element framework, process, and proposed updates. • January 21, 2021: Community Workshop No. 2, via Zoom on the 2021 Housing Element framework, process, and proposed updates. • February 8, 2021: First draft Housing Element available for Public Review. • March 25, 2021: City Council Study Session, via Zoom on the 2021 Housing Element framework, process, and proposed updates. • April 8, 2021: First Draft submitted to State Housing and Community Development (HCD). • May 15, 2021: First draft Housing Element with revisions was transmitted to State Housing and Community Development (HCD) for a 60-day review. • May 11, 2021: City staff met with HCD staff to receive preliminary verbal comments on the draft document. • June 7, 2021: The City received a written letter from HCD (Attachment 2) finding that while the First draft Housing Element addresses many statutory requirements, revisions will be necessary to comply with State Housing Element Law. • July 2, 2021: In compliance with Senate Bill SB 18 notification requirements (Tribal Consultation), City staff mailed a project description to local tribes identified by the Native January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 3 of 11 American Heritage Commission (NAHC). No requests for consultation were received; ACBCI commented that they had no concerns during the requisite 90-day response period for this notification. • July through August 2021: City staff and consultant revised the First draft Housing Element in response to HCD’s comments. • September 2, 2021: Joint City Council and Planning Commission Study Session, via Zoom on the revisions and posted the Second draft Housing Element on the City website for public review and comment during September 10, 2021, through September 24, 2021. • September 27, 2021: 2nd Draft Housing Element was transmitted to HCD for a 60-day review. HCD’s deadline to respond was November 24, 2021. • June through November 2021: Staff and consultant prepared the revisions to the Safety Element. • November 15, 2021: City submitted the Safety Element to the California Department of Conservation and California Board of Forestry and Fire Protection. No comments were received from the former, and the latter approved the Safety Element Update on December 10, 2021. • A courtesy letter was sent to all property owners for the properties listed on Table 2 (see below) on November 1, 2021, and again on January 12, 2022. Subsequent to the Planning Commission meeting, a public hearing will be scheduled with the City Council to review the Commission’s recommendation and consider the adoption of the Housing and Safety Element updates. City of Palm Desert Draft 2021-2029 Housing Element Content State law (California Government Code Sec. 65583 et seq) sets forth extensive requirements for Housing Elements and related land use regulations related to housing. The Draft 2021-2029 Housing Element (Attachment 3) is similar in format to the City’s current Housing Element and includes the following components: • An introduction providing background information and context for the Housing Element. • An analysis of the City's demographic and housing characteristics, trends, and special needs. • An evaluation of resources and opportunities available to address housing issues. • A review of potential market, governmental, and environmental constraints to meeting housing needs. • The Housing Plan, including policies and programs for the 2021-2029 planning period. • A review of accomplishments during the previous planning period. • An inventory of the potential sites for housing development. • A summary of opportunities for public participation during the preparation and adoption of the Housing Element. The most important part of the Housing Element is the Housing Plan as it describes the City’s policies, programs, and objectives for the 2021-2029 planning period. Housing programs have been updated to reflect current circumstances and include commitments for specific actions over the next eight (8) years. While most programs reflect a continuation of existing City policy, some recent changes in state housing law will require the City to amend local regulations to conform to current law. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 4 of 11 Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is mandated by state law to quantify the need for housing throughout the state. This informs the local planning process to address existing and future housing needs resulting from projected state-wide growth in population, employment, and households. The Housing Element Update must address the housing needs identified by the RHNA prepared and adopted by the Southern California Association of Governments (SCAG) for the City of Palm Desert. As the Council of Governments (or regional planning agency), SCAG is responsible for overseeing the RHNA process for the Southern California region encompassing six (6) counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. In March 2021, SCAG adopted RHNA allocations for each county and the 191 cities under their region. Based on RHNA projections, the City of Palm Desert was assigned a total of 2,790 new housing units, which is further distributed into the following four (4) income categories (Table 1): Table 1 6th Cycle RHNA by Income Category for Palm Desert Very Low Low Moderate Above Moderate Total 675 460 461 1,194 2,790 While the City’s draft Housing Element for 2021-2029 identifies adequate sites (refer to the discussion under “Sites Inventory”) to fulfill the needs established by RHNA, construction of new housing units will depend upon the private market, including a landowner’s desire to develop their land, private financing, developer interest, and overall market demand. In addition, public housing subsidies, which can assist in promoting housing development, are not necessarily consistent or accessible and will depend upon the availability of various government funds—local, county, state, and federal. The responsibility of the City is to encourage the construction of affordable housing by identifying adequate sites suitable for residential development to meet RHNA obligations, providing policies and programs that promote the development of a variety of housing types, and providing assistance to developers by facilitating the review and approval of development permits. Sites Inventory The City must demonstrate in its Housing Element the ability to meet the assigned housing needs through the provision of sites suitable for residential development. To meet the assigned housing needs, the Housing Element identifies sites (Page 88 of the Draft Housing Element) that may be suitable for residential development, including vacant sites throughout the community. The analysis demonstrates that the City has adequate capacity to accommodate the RHNA for the 2021-2029 planning period and that rezoning of the property to accommodate RHNA is not necessary. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 5 of 11 Under current law, cities are not penalized if actual housing production does not achieve the RHNA allocation; however, cities may be required to streamline the approval process for qualifying housing developments that meet specific standards (such as affordability and prevailing wage labor requirements) if housing production falls short of the RHNA allocation. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 6 of 11 However, one of the objectives of the Housing Element update is to ensure adequate property is available for the RHNA projection, which the City can demonstrate with the table above. Key Challenges of the 6th Cycle Several new requirements for the 6th Cycle Housing Elements make it challenging for cities to identify sites to accommodate their required RHNA allocations. The key changes are: • Higher allocations: There is a higher total regional housing need. HCD’s identification of the region’s total housing needs has changed to account for unmet existing needs, rather than only projected housing needs. Under changes to state law HCD must now consider: o Overcrowded households. o Cost-burdened households (those paying more than 30 percent of their income for housing). o A target vacancy rate for a healthy housing market (with a minimum of five (5) percent). • Affirmatively Furthering Fair Housing (AFFH): Local Housing Elements must affirmatively further fair housing. AFFH means taking meaningful actions, in addition to combating discrimination, that overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. According to HCD, achieving this objective includes preventing segregation and poverty concentration as well as increasing access to areas of opportunity. HCD has mapped Opportunity Areas and has developed guidance for jurisdictions about how to address affirmatively furthering fair housing in Housing Elements. • Limits on Sites: Identifying Housing Element sites for affordable units will be more challenging. There are new limits on the extent to which jurisdictions can reuse sites included in previous Housing Elements and increased scrutiny of small, large, and non-vacant sites when these sites are proposed to accommodate units for very low- and low-income households. • Safety Element: State law requires that the Safety Element of the General Plan be updated concurrently with the Housing Element. The Safety Element must address new requirements related to wildfire risk, evacuation routes, and climate adaptation and resilience in an integrated manner. As prepared and in consultation with HCD, staff believes that the City’s Housing Element and Safety Element updates address each of these concerns with minimal impact on the City’s ability to adopt updates for both Elements. Penalties for Noncompliance Jurisdictions face a number of consequences for not having a “certified” Housing Element. Under legislation enacted in recent years, if a city does not comply with state housing law, it can be sued–by individuals, developers, third parties, or the State. In addition to facing significant fines, a court may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance. Additionally, local governments may lose the right to deny certain housing projects. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 7 of 11 Conversely, an HCD-certified Housing Element makes cities eligible for numerous sources of funding, such as Local Housing Allocations, Affordable Housing and Sustainable Communities Grants, SB 1 Planning Grants, CalHOME Program Grants, Infill Infrastructure Grants, Pro-Housing Design funding, Local Housing Trust Funds, and Regional Transportation Funds. Safety Element As required by state law, the Safety Element identifies forces of nature and events resulting from human action that has the potential to cause harm to life and property in the City. The Safety Element Update addressed changes in the requirements of the law, including flood hazard, fire hazard mapping, and emergency preparedness (Attachment 4). The Safety Element Update reflects the current fire hazard mapping by CalFire and current FEMA flood hazard zones. The update also expanded discussion on flood hazard, fire hazard, and emergency response by referring to the City’s Municipal Code Title 28 Flood Damage Prevention, the Local Hazard Mitigation Plan adopted by the City in 2017, and Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan approved by FEMA and adopted in 2018. HCD Review An important difference between the Housing Element and other elements of the General Plan is the extent of state oversight. The state legislature has declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to HCD to review city Housing Elements and issue opinions regarding their compliance with state law. A finding of Housing Element compliance by HCD is referred to as “certification” of the Housing Element. On November 24, 2021, HCD issued a letter (Attachment 5) finding that while the draft Housing Element addresses many statutory requirements, revisions will be necessary to comply with State Housing Element Law. Based on HCD’s comments, staff has prepared a proposed revisions to the Housing Element (Attachment 6). The Summary of HCD Comments and City Responses (Attachment 5 and 6) summarizes HCD’s comments and how the element has been revised to address each comment. While many of the comments requested additional information and analysis, the structure of the element remains the same. The proposed revisions were submitted to HCD for informal review on January 4. Staff is coordinating with HCD to expedite their review, and will provide a verbal update at the hearing. State law requires the City Council to consider HCD’s comments and make appropriate findings as part of the Housing Element adoption process. Following City Council adoption, the Housing Element must be submitted for HCD review. HCD then will issue its opinion as to whether the adopted Housing Element complies with state housing law. HCD has 90 days to complete its review of the adopted Housing Element and to certify it or provide additional comments. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 8 of 11 General Compliance The proposed 2021-2029 General Plan Housing Element Update is internally consistent with the goals, objectives, and policies contained in the other Elements of the City of Palm Desert General Plan. The Housing Element Update facilitates the provision of housing for all income categories needed to serve existing and future residents of the community. Analysis The Housing Element is a planning tool that the City uses to implement the development of housing, particularly affordable housing. It is important to note that the City is not responsible for the construction of any of these units. Housing Element law requires that the City’s policies and programs facilitate the development of affordable housing, identify adequate sites for housing development to meet the City’s RHNA obligation, and do not impose constraints on housing. It does not require that the City build the units. The 2021-2029 Housing and Safety Element would not result in any direct or indirect physical changes to the environment. The Housing and Safety Element Update are strictly policy documents and do not provide entitlements to any specific land use projects. The Housing Element Update does not make any changes to the General Plan land use map and would not modify any land-use designations, allowed densities, or land use intensities established by the General Plan. Public Input Public Notification: A notice of public hearing describing the project, date, time, and location of the hearing was published in The Desert Sun on January 8, 2022, at least 10 days prior to the hearing date (Attachment 7). A notice was also posted at City Hall and made available on the City’s website. A courtesy letter was sent to all property owners for the properties listed on Table 2 above of the Housing Element on November 1, 2021, and again on January 12, 2022 (Attachment 8). Public Comments: All the written correspondence received will be provided to the Planning Commission as an attachment to the staff report (Attachment 10). Environmental Review According to the CEQA, staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration of Environmental Impact, a Mitigated Negative Declaration, or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. January 18, 2022 – Staff Report Case Nos. GPA 21-0002 Housing Element and Safety Element Update Page 9 of 11 The Deputy Director of Development Services Department (“Deputy Director”) reviewed this project under the requirements of the CEQA. The Deputy Director found that the Housing Element is a “project” as defined by CEQA. As a result, the City completed an Initial Study. The Initial Study found that the Housing Element will have no impact on the Environment, and a Negative Declaration is proposed (Attachment 9). The Initial Study is attached to this staff report. The environmental impact of constructing specific projects will be assessed on a case-by-case basis as those projects are proposed. Findings of Approval The proposed 2021-2029 Housing and Safety Elements Updates are internally consistent with the goals, objectives, and policies contained in the other Elements of the City of Palm Desert General Plan. Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2804 attached to this staff report, recommending that the City Council approve General Plan Amendment GPA 21-02 updating the Housing and Safety Element. City staff will then transmit the adopted Housing Element Update for review and final certification by HCD. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Director of Development Services N/A Janet Moore Director of Finance N/A Andy Firestine Assistant City Manager City Manager: L. Todd Hileman: N/A APPLICANT: City of Palm Desert ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2804 2. HCD Letter June 7, 2021 3. 2nd DRAFT 2021-2029 Housing Element 4. DRAFT Safety Element 5. HCD Letter November 24, 2021 6. Proposed Revisions submitted to HCD January 4, 2022 7. Public Hearing Notice 8. Notice to Property Owners 9. Negative Declaration PLANNING COMMISSION RESOLUTION NO. 2804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IPMACT AND ADOPTION OF AMENDMENTS TO THE GENERAL PLAN HOUSING ELEMENT AND SAFETY ELEMENT CASE NO: GPA 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of January 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act,” Resolution No. 209-41 the Deputy Director of Development Services found that the Housing Element and Safety Element amendments are a “project” as defined by CEQA. As a result, the City completed an Initial Study. The Initial Study found that the Housing Element and Safety Element will have no impact on the Environment and a Negative Declaration is proposed. WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: FINDINGS OF APPROVAL 1. The proposed Housing Element Update is in the public interest and there will be a community benefit, insofar as the proposed Housing Element facilitates the development of housing for all residents of Palm Desert. Development of housing for residents of all income levels will also reduce the vehicle miles traveled in the City, which will improve the regional air quality and reduce wear and tear on public streets and infrastructure, all of which is in the public interest. 2. The proposed Housing Element Update is consistent with the goals and policies of the General Plan, insofar as it is consistent with the other elements of the General Plan and implements policies and programs directly relating to residential land uses. 3. The proposed Housing Element Update does not conflict with provisions of the Zoning Ordinance, and the Zoning Ordinance is being updated to comply with state law. 2 PLANNING COMMISSION RESOLUTION NO. 2804 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\2022\1-18-22\Eric & Jessica\Attachment 1 - PC Resolution - Housing & Safety Element.docx NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of General Plan Amendment 21-0002 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 18th day of January 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ JOHN GREENWOOD, CHAIRPERSON ATTEST: __________________________________ MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2804 G:\Planning\Monica OReilly\Planning Commission\Staff Reports\2022\1-18-22\Eric & Jessica\Attachment 1 - PC Resolution - Housing & Safety Element.docx EXHIBIT “A” NEGATIVE DECLARATION Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. APPLICANT/PROJECT SPONSOR: City of Palm Desert 73-510 Fred Waring Drive PROJECT DESCRIPTION/LOCATION: Negative Declaration of Environmental Impact regarding the approval of the update of the Housing Element of the General Plan, in conformance with State requirements. The Deputy Director of the Department of Development Services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to the document supporting the findings. ______________________________________ _____________________ ERIC CEJA DATE DEPUTY DIRECTOR OF DEVELOPMENT SERVICES STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor June 7, 2021 Eric Ceja Deputy Development Service Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Eric Ceja: RE: Review of Palm Deserts 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Palm Desert’s (City) draft housing element received for review on April 8, 2021 along with revisions on May 24, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by telephone conversations on May 7 and May 11, 2021 with Nicole Criste, the City’s Consultant; Jessica Gonzalez, Senior Management Analyst; and Eric Ceja, Principal Planner. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). In particular, to comply with State Housing Element Law, the element must provide a complete site inventory as well as provide a full analysis addressing the required components for Affirmatively Furthering Fair Housing (AFFH), among other items. The enclosed Appendix describes revisions needed to comply with State Housing Element Law. To remain on an eight-year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2021 for Southern California Association of Governments (SCAG) localities. If adopted after this date, Government Code section 65588, subdivision (e)(4), requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit HCD’s website at: http://www.hcd.ca.gov/community-development/housing- element/housing-element- memos/docs/sb375_final100413.pdf. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 ***.hcd.ca.gov Eric Ceja, Deputy Development Service Director Page 2 available and considering and incorporating comments where appropriate. This is particularly important since past participation efforts resulted in many meaningful comments that do not appear to be incorporated in the element. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. HCD appreciates the hard work and effort Eric Ceja, Principal Planner; Jessica Gonzalez; Senior Management Analyst, and Nicole Criste, consultant provided during the course of our review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Edgar Camero, of our staff, at edgar.camero@hcd.ca.gov. Sincerely, Shannan West Land Use & Planning Unit Chief Enclosure HCD Review of Palm Desert’s 6th Cycle Housing Element Page 1 June 7, 2021 APPENDIX CITY OF PALM DESERT The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at **********.hcd.ca.gov/community-development/housing-element/housing-element- memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Housing Needs, Resources, and Constraints 1. An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2)) Condition of Housing Stock (pg. III-24): The element identifies the age of the housing stock and uses census data to identify housing units lacking complete facilities. However, this data is insufficient to estimate the number of units in need of rehabilitation and replacement. The analysis could supplement this information with estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations. 2. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) The element includes the Assessment of Fair Housing (AFH) that was prepared in 2017; however, additional information is necessary to address the requisite affirmatively furthering fair housing analysis requirement, including local contributing factors to the fair housing issues and develop strong programs and strategies to address the identified fair housing issues.as follows: Fair Housing Enforcement and Outreach: The element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing. The element currently states the number of housing discrimination complaints in Palm Desert filed between the years 2007-2016 but must be updated to include the most recent data and analyze the data for any patterns or trend by community area or census tract and include additional local knowledge, relevant factors, and a conclusion of summary of issues. In addition, the element states that the City works with the Fair Housing Council of Riverside County HCD Review of Palm Desert’s 6th Cycle Housing Element Page 2 June 7, 2021 (FHCRC) to provide anti-discrimination services; landlord-tenant mediation; fair housing training and technical assistance; enforcement of housing rights; administrative hearing; home buyer workshop; lead-based paint programs; and other housing related services for City residents. However, the analysis must also describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity. Racial/Ethnic Areas of Concentration of Poverty: The element includes information relative to Racially and Ethnically Concentrated Areas of Poverty (R/ECAP), but the analysis must be complemented by quantitative evidence for the local and regional comparison. In addition, the City should also analyze the racial concentrations as it relates to areas of affluence if the City does not have areas of concentrated poverty. The combination in the R/ECAP and areas of affluence analyses will help guide goals and actions to address fair housing issues. The analysis should evaluate the patterns and changes over time and consider other relevant factors, such as public participation, past policies, practices, and investments and demographic trends. Access to Opportunity: The element provides qualitative information (pg. III-33) on the access to opportunity but must include quantitative evidence to support such statements. A complete analysis should include the locally and regional disparities of the educational, environmental, and economic scores through local, federal, and/or state data. The element makes references to tables and maps however, none of these tables or maps are provided in the element. Please refer to page 35 of the AFFH guidebook (link: https://www.hcd.ca.gov/community- development/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to Palm Desert. Integration and Segregation: The element includes some data on integration and segregation (pg. III-32) at the regional and local level; however, the comparison of segregation levels at the regional and local level must be complemented by data to support statements such as “[segregation] has remained in the low level category” and “the City has a low segregation level….compared to a moderate level segregation level for the bi-county”. The element must also analyze segregation and integration of familial status, income, and persons with disabilities locally and regionally complemented by data and concluding with a summary of issues. Disproportionate housing needs and Displacement Risk: The element does include data on overcrowded households, substandard housing conditions, and cost burdened households, but it must also analyze the data including looking at trends, patterns, and other local knowledge, and conclude with a summary of issues. Site Inventory: The element includes a map of the site inventory and states that the proposed sites to meet lower-income regional housing needs allocation (RHNA) are geographically distributed which results in these sites affirmatively furthering fair housing (pg. III-33). However, the accompanying analysis shall also be reflective of HCD Review of Palm Desert’s 6th Cycle Housing Element Page 3 June 7, 2021 housing development at all income-levels and evaluate the sites relative to socio- economic patterns. The site inventory analysis should address how the sites are identified to improve conditions (or if sites exacerbate conditions, how a program can mitigate the impact), whether the sites are isolated by income group and should be supported by local data and knowledge. Contributing Factors: The element must list and prioritize contributing factors to fair housing issues. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing. Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies program(s) to encourage and promote affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. Given that most of the City is considered a high and highest resource community, the element could focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing. Programs also need to be based on identified contributing factors, be significant and meaningful. The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/community-development/affh/index.shtml. 3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 2,790 housing units, of which 1,135 are for lower-income households. To address this need, the element relies on pending projects and vacant sites. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses: Progress in Meeting the RHNA: The element indicates that 92 units affordable to HCD Review of Palm Desert’s 6th Cycle Housing Element Page 4 June 7, 2021 lower-income households have been built or are under construction or entitled, but the element provides no information documenting how affordability of the units was determined. As you know, the City’s RHNA may be reduced by the number of new units built or entitled since June 30, 2021; however, the element must describe the City’s methodology for assigning these units to the various income groups based on actual or proposed sales price or rent level of the units and demonstrate their availability in the planning period. Pending Projects: The element identifies several proposed projects in the pipeline which the City expects to be built with housing affordable to low- and very low-income households (Sites LL-KK). However, the element is unclear whether projects have submitted applications for these sites, and what approvals remain necessary, expecting timelines for completion of the entitlement process, and demonstrate their availability in the planning period. In addition, the element must also describe the City’s methodology for assigning these units to the various income groups based on actual or proposed sales price or rent level of the units. In addition, Table III-48 includes a number of projects/sites that have been entitled for single family homes, condominiums, and townhomes affordable to above moderate-income households. However, it is unclear from the element if these “projects” are specific plans which require further approvals or actual entitled projects pending building permits. The element should clarify any additional approvals necessary prior to construction, and estimated buildout timelines to demonstrate availability of these units in the planning period. For example, the University Park project seems to have multiple phases. The element should identify if units for University Park are approved or pending; describe the status of the project, including any necessary approvals or steps prior to development; development agreements; and conditions or requirements such as phasing or timing requirements that impact development in the planning period. Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory (for all income-levels). For example, sites to be consolidated should be listed by individual parcel numbers. Sites to be consolidated can then be indicated using the consolidated sites column. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community- development/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to sitesinventory@hcd.ca.gov. Zoning for Lower-Income Households: Pursuant to Government Code section 65583.2, subdivision (c)(3)(A) and (B), the element must identify sites with zoning and densities appropriate to encourage and facilitate the development of housing for lower-income households based on factors such as market demand, financial feasibility and development experience within zones. For communities with densities that meet specific standards (at least 30 units per acre for Palm Desert), this analysis is not HCD Review of Palm Desert’s 6th Cycle Housing Element Page 5 June 7, 2021 required (Gov. Code, § 65583.2, subd. (c)(3)(B)). Based on Table III-47, it appears the City is relying on sites with densities ranging from 10-22 units per acre to accommodate the remaining need for lower-income. The element must include a complete analysis to demonstrate how this zoning encourages the development of units affordable for lower-income households. Realistic Capacity: The element estimates that vacant sites will be built out using an estimate of 80 percent of the allowable density but does not describe the methodology for that determination. The element must describe the methodology for determining capacity based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. For sites zoned for nonresidential uses (e.g., commercial and mixed-use zones), the element must describe how the estimated number of residential units for each site was determined. To demonstrate the likelihood for residential development in nonresidential zones, the element could describe any performance standards mandating a specified portion of residential and any factors increasing the potential for residential development such as incentives for residential use, and residential development trends in the same nonresidential zoning districts. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community- development/building-blocks/site-inventory-analysis/analysis-of-sites-and- zoning.shtml#analysis. Large Sites: Table III-47 includes two sites larger than 10 acres (Map Key D and F) and states that larger sites are not constrained from development due two proposed projects being developed; however, those sites are being developed with a mix of market and lower-income housing. In order to demonstrate that these sites can accommodate the lower-income need, the element must demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower- income housing (Gov. Code, § 65583.2, subd. (c)(2)(A).). For example, the element could estimate the same proportion of lower-income housing similar to entitled and approved projects could be accommodated on Sites D and F. For additional information, see the Building Blocks at **********.hcd.ca.gov/community-development/building-blocks/site-inventory- analysis/analysis-of-sites-and-zoning.shtml#analysis. Small Sites: The element identifies two sites (Map Key BB and CC) at less than a half-acre and includes several sites that appear to require consolidation. Sites smaller than an half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower- income housing (Gov. Code, § 65583.2, subd. (c)(2)(A).). As the element appears to rely on consolidated small sites to accommodate the RHNA for lower-income HCD Review of Palm Desert’s 6th Cycle Housing Element Page 6 June 7, 2021 households, it should also provide analysis demonstrating the potential for consolidation. For example, the analysis could describe the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for lot consolidation, or information from the owners of each aggregated site. Zoning for a Variety of Housing Types: The element must demonstrate zoning for a variety of housing types, as follows: Emergency Shelters: The element describes a zone to permit emergency shelters without discretionary action and describes the capacity to accommodate the need for emergency shelters. The City must ensure that the zoning adheres to the new parking requirement standards per AB 139 (Chapter 335, Statutes of 2019). AB 139 requires that the zone for emergency shelter allows for sufficient parking for the staff of the emergency shelter. The element must include programs as appropriate based on the outcomes of this analysis. 4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Local Processing and Permit Procedures: The element provides a general overview of the City’s processing and permit procedures and states that that all multifamily must requires a precise plan for multifamily projects. In addition, the element states the Architectural Review Commission review is required for all projects. The element must describe and analyze the precise plan and architectural review requirements including approval procedures and decision-making criteria for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. It could also provide examples of recent timeframes for recent projects that have been approved by the City. The element must demonstrate this process is not a constraint and include a program to address this permitting requirement, as appropriate. Fees and Exactions: While the element includes many fees typically charged to a multifamily and single-family project, it does not consider all planning required for a project. For example, the element describes that a precise plan is required for HCD Review of Palm Desert’s 6th Cycle Housing Element Page 7 June 7, 2021 multifamily development, but Table III-21 does not include the fee charged for processing the precise plan nor consider the cost associated with architectural review. Table III-21 should describe and analyze all fees charged to a typical project. The element could use recent examples of projects to help support this analysis. 5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) Nongovernmental Constraints: The element contains information on nongovernmental constraints such as land and construction costs; the availability of financing; economic constraints; and requests to develop at densities below the density identified in the sites inventory (pg. III-50). However, the element must also include analysis regarding local efforts to address non-governmental constraints that create a gap in the jurisdiction’s ability to meet RHNA by income category. B. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, all programs should be revised to include: (1) a description of the City’s specific role in implementation including meaningful actions the city will take to achieve the identified goals, policies, and program objectives; (2) definitive implementation timelines (e.g., December 31, 2021); (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials (e.g., Planning Assistant, Community Development, etc.). In addition, the following programs required additional revisions. HCD Review of Palm Desert’s 6th Cycle Housing Element Page 8 June 7, 2021 Program 1.E: The program should be revised to state how the City plans on maintaining inventory of the sites proposed in the site inventory for the PR-20 and R-3 zones. For example, the program could include a commitment to post the inventory on its website, or as projects are submitted perform the calculations outlined in HCD’s No Net Loss Memorandum which can be found ***********.hcd.ca.gov/community-development/housing-element/housing-element- memos/docs/SB-166-final.pdf. The efforts shall be proactive and must include a timeline to monitor the progress of the sites and whether they are being built at the given densities. Program 3.D: The program states that the City will “strive to maintain ownership and/or long-term affordability” of the rental housing units but shall indicate what striving for looks like for this goal. The City can describe the system that is in place, if such system exists. If not, the City must describe what action will help them achieve this goal. Program 3.E: The program should state how the City plans on coordinating between affordable housing developers and social services agencies to ensure there is a system to integrate that successfully will integrate such social services resources to new housing. Program 4.A: The program currently has a list of areas it has brochures and flyers. However, this narrative must be moved to the program description and shall consider ways it plans to be inclusive to all community members. Program 4.B: The program says that it will work with agencies in the housing of disabled residents. However, the program must specify the capacity to which the City plans to work with the agencies because it is unclear if the City is working collaboratively with the agencies to provide trainings, if the agencies are providing the trainings, or if the City is facilitating the trainings. 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in the Finding A3, the element does not include a complete sites inventory or analysis; as a result, the adequacy of sites and zoning has not been established. Based on the results of a complete sites inventory and analysis, programs may need to be added, or revised, to address a shortfall of sites and zoning for a variety of housing types. HCD Review of Palm Desert’s 6th Cycle Housing Element Page 9 June 7, 2021 Programs 1.A-1.D: These programs are intended to facilitate the development of the entitled and pending projects outlined from Table III-47 of the element. All programs need to be revised to include specific timeframes (e.g. month, year) and should include benchmarks for completion. In addition, programs relating to proposed projects without entitlements (1.B and 1.C) must also include a monitoring program with specific actions the City will take to identify or rezone sites to accommodate the shortfall for lower-income should the proposed projects not receive the necessary entitlements within the specified timeframes. Any additional sites or rezones must meet the requirements of Government Code section 65583.2. 3. Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-income households and households and individuals with special needs (e.g., farmworkers, persons experiencing homelessness, persons with disabilities, including developmental). The program(s) could commit to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to lower and moderate-income households; assisting, supporting or pursuing funding applications; and working with housing developers coordinate and implement a strategy for developing housing affordable to lower and moderate income households. 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings A4 and A5, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. 5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. HCD Review of Palm Desert’s 6th Cycle Housing Element Page 10 June 7, 2021 Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete analysis of affirmatively furthering fair housing. Based on the outcome of that analysis, the element must add or modify programs. Additionally, programs and actions need to be significant, meaningful, and sufficient to overcome identified patterns of segregation and affirmatively further fair housing. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) While the element includes a general summary of the public participation process (pages III-777), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element describes that only one community workshop was held in preparation of the housing element which members of the public and organizations were invited to attend. The availability of a single workshop does not demonstrate a diligent effort in public participation. The element could describe the efforts to circulate the housing element draft among low- and moderate-income households and organizations that represent them prior to submittal to HCD, the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. For your information, some general plan element updates are triggered by housing element adoption. For example, a jurisdiction must address environmental justice in its general plan by the adoption of an environmental justice element, or by the integration of environmental justice goals, policies, and objectives into other general plan elements upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. (Gov. Code, § 65302, subd. (h).) In addition, the safety and conservation elements of the general plan must include analysis and policies regarding fire and flood hazard management and be revised upon each housing element revision. (Gov. Code, § 65302, subd. (g).) Also, the land-use element must identify and analyze disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long established legacy communities) on, or before, the housing element’s adoption due date. (Gov. Code, § 65302.10, subd. (b).) HCD reminds the city of Palm Desert to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: *******opr.ca.gov/docs/OPR_Appendix_C_final.pdf and *******opr.ca.gov/docs/Final_6.26.15.pdf. TN/City of Palm Desert General Plan/Housing Element Housing Element III-1 HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with safe and affordable housing is the ultimate goal of this Element. The Housing Element is designed to guide the City’s elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi-family units to meet the needs of the City’s residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2022-2029 planning period. California Law AB 2853, passed in 1980, established Government Code Article 10.6, Section 65580 et. seq. to define the need for, and content of Housing Elements. At its core, the law requires that the “housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing” to meet the State’s housing goals. California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. TN/City of Palm Desert General Plan/Housing Element Housing Element III-2 (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. The basic components of a Housing Element were established in Section 65583, and required that each Element include: • An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of local needs. • A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. • A program that sets forth a schedule of actions to implement the policies and achieve the goals and objectives of the Housing Element to provide housing for all economic segments of the community guided by the following state housing objectives. • Provision of decent housing for all persons regardless of age, race, sex, marital status, source of income, or other factors. • Provision of adequate housing by location, type, price and tenure. • Development of a balanced residential environment including access to jobs, community facilities, and services. Since that time, Housing Element law has been regularly updated, expanded and modified. The most recent update to Housing Element law occurred in 2017, when a series of bills were passed into law to address the State’s determination that California was experiencing a State-wide housing crisis. The laws passed in 2017 addressed a wide range of housing-related issues, including Housing Elements, which are summarized below. • SB 2 established a recordation fee for real estate documentation which would fund planning grants for affordable housing and affordable housing projects. TN/City of Palm Desert General Plan/Housing Element Housing Element III-3 • SB 3 placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing, farmworker housing, transit-oriented development, infill infrastructure and home ownership. • SB 35 mandated a streamlined approval process for infill affordable housing projects in communities that have not, according to the Department of Housing and Community Development (HCD) met their affordable housing allocation (RHNA). • AB 72 allowed HCD to find a housing element out of compliance with State law, and to refer the non-compliant element to the State Attorney General for action at any time during a Housing Element planning period. • AB 73 provided State-funded financial incentives for local jurisdictions which choose to create a streamlined zoning overlay for certain affordable housing projects. • SB 166 required that development proposals on local jurisdictions’ sites inventory cannot be reduced in density without findings, and/or the identification of additional sites to result in ‘no net loss’ of affordable housing units in the sites inventory. • SB 540 provided State funding for the planning and implementation of workforce housing opportunity zones for very low, low and moderate income households. • AB 571 modified the farmworker tax credit program to allow HCD to advance funds to migrant housing center operators at the beginning of each planting season, and allowed migrant housing to remain open for up to 275 days annually. • AB 678 amended the Housing Accountability Act to limit a local jurisdiction’s ability to deny low and moderate income housing projects by increasing the required documentation and raising the standard of proof required of a local jurisdiction. • AB 686 (approved in 2018) required a public agency to administer its programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing. • AB 879 amended the annual reporting requirements of local jurisdictions to HCD regarding proposed projects, including processing times, number of project applications and approvals, and required approval processes. • AB 1397 amended the requirements of adequate sites analysis to assure that sites are not only suitable, but also available, by requiring additional information in site inventories. • AB 1505 allowed local jurisdictions to adopt local ordinances that require affordable housing units on- or off-site when approving residential projects. • AB 1515 established a ‘reasonable person’ standard to consistency of affordable housing projects and emergency shelters with local policies and standards. • AB 1521 placed restrictions on the owners of affordable housing projects when terminating or selling their projects. Consistency with the General Plan The Housing Element must be consistent with all other Elements of the General Plan. It is particularly guided by the development policies contained in the Land Use Element and roadway policies of the Circulation Element. Housing is also shaped by policies contained in other Elements that affect the quality of life for City residents through the provision of open space and recreation areas, acceptable noise levels, and safety. The current (2022-2029) update of the Housing Element did not require that the City amend its Land Use Element or land use map, as sufficient land has TN/City of Palm Desert General Plan/Housing Element Housing Element III-4 been identified to accommodate all housing types. The City will continue to evaluate any amendment to the General Plan, including updating of the Housing Element, as required by State law, to assure that internal consistency is maintained. Evaluation of Existing Housing Element Policies and Programs The City’s 2014-2021 Housing Element included policies and action items to address housing needs for the 2014-2021 planning period. Their effectiveness is reviewed below. Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City’s affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program 1.A The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period. For Carlos Ortega Villas and Sagecrest Apartments, the Housing Authority shall market these projects to the development community through direct mail, announcements on the City’s web site and Requests for Proposals, once funding sources have been identified. • 31 units at Canterra Phase II • 21 units at Palm Desert 103 • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency: Community Development Department and Housing Authority Schedule: 2014-2021 Evaluation: The City has made progress in moving projects forward during the 2014-2021 planning period, as follows: • Canterra Phase II: Now known as The Sands, was entitled for 388 units, including 78 reserved for very low income households. The project entitlements remain active, but the project has failed to secure funding. The project is shown as site DD on the City’s inventory, and will be carried forward into the 2022-2029 planning period, in anticipation of its construction. TN/City of Palm Desert General Plan/Housing Element Housing Element III-5 • Palm Desert 103: This project would result in 103 apartments, 20% (21 units) of which would be restricted to moderate income households. This project was inactive during the planning period, but the requirement for affordable units remains. It will be included in the City’s inventory for the 2022-2029 planning period. • Dinah Shore and Portola: The City is currently negotiating an agreement for the development of at least 200 units on 10 acres. This site will remain on the City’s inventory as site C. • Carlos Ortega Villas: This site was developed in the 2014-2021 planning period, and contains 36 units affordable to very low income households, 36 units affordable to low income households, and one manager’s unit. The project was successfully completed and will be removed from the City’s inventory and added to its list of existing affordable communities. • Sagecrest Apartments: The Housing Authority will market the project to the development community during the 2022-2029 planning period. Progress on the implementation of this project is expected in the forthcoming planning period. This program has been successful and will be modified to address current projects. Program 1.B The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public-private partnerships, grants and third party funding for these projects, and affordable housing funds if restored by the State Legislature. • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola • an additional 52 units at the Vineyards Responsible Agency: City Schedule: 2014-2021 Evaluation: This program is still being implemented, as follows: • Gerald Ford and Portola: This project site is currently proposed for 269 apartments affordable to very low and low income households, and 3 managers’ units. Application for entitlement is pending. The project is proposed on 11.4912± acres of a larger City holding owned by the Successor Agency (SARDA). The balance of the acreage continues to be marketed for affordable housing projects. The site will be maintained in the City’s inventory, and is shown as site B. • The Vineyard: This site consists of 260 existing apartments, 52 of which are currently restricted to moderate income households. An additional 52 may be offered as affordable to low or moderate income households, but were not during the 2014-2021 planning period. The agreement between the developer and the City remains effective, and the units could be subsidized in the future. This program continues to be implemented, and will be modified and maintained in the 2022-2029 planning period. TN/City of Palm Desert General Plan/Housing Element Housing Element III-6 Program 1.C The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 432 units at Key Largo • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35th Avenue (southeast corner) The City shall annually contact the owners/developers of these lands and review with them the incentives and financing options available through State and federal loan and grant programs, and local non-profit agencies to assure that all potential financial mechanisms are being considered for the project(s). Responsible Agency: City Schedule: 2014-2021 Evaluation: The City continues to work with the land owners associated with these sites as follows: • Key Largo: The land owners are currently preparing a Specific Plan for the site, which would include apartments. Up to 200 units could be restricted to low and moderate income households. This project is still active, and will remain on the City’s inventory as site A. • Frank Sinatra and Cook Street: This project was inactive during the planning period, and is not considered viable for the future. It will be removed from the City’s inventory. • Dinah Shore and 35th Avenue: This project remains under consideration, and the City believes that it could move forward. The City will continue to work with the landowner and encourage the development of affordable housing units into the next planning period. In addition, the City approved Tentative Tract Map 37506, for land located on the south side of Gerald Ford Drive, between Portola and Technology Drive in the University Park area. This site includes a mix of single family homes, townhome and apartment sites, totaling 1,069 units. The City will continue to work with the developer to encourage the inclusion of affordable housing units in the project. This program remains active, and will be modified for the 2022-2029 planning period. Program 1.D The City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. Responsible Agency: City Schedule: 2016-2018, as funding is identified Evaluation: During the 2014-2021 planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. In May of 2020, the City awarded the Coachella Valley Housing Coalition a contract to construct 14 self-help housing units on Merle, near Cook Street. These homes are expected to be built during the next planning period. The program will be modified and maintained to assure construction, and the project will be included in the City’s inventory as site PP. TN/City of Palm Desert General Plan/Housing Element Housing Element III-7 Program 1.E The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: As project applications are submitted Evaluation: The City continues to encourage the provision of affordable housing in all projects, and has negotiated the inclusion of units, or the payment of in lieu fees, for several projects. In addition, in March of 2020, the City adopted the Housing Overlay District, replacing the previously enacted Medium/High Density Overlay District. The Overlay is applied to properties owned by the City, the Housing Authority and private property identified on the City’s Housing Element inventory for planning period 2014-2021. The new overlay provides significant incentives to developers, should they apply the overlay to their property for the provision of affordable housing, including development fee waivers, development standard reductions, and parking reductions. In exchange, a minimum of 20% of the units developed must be restricted to moderate, low or very low income households. The program has been successful, and will be extended into the 2022-2029 planning period. Program 1.F The City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (i.e. 50-100 units) as development proposals are brought forward. The City will discuss incentives available for land divisions (e.g., 2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Evaluation: The City has implemented this program in two ways: the completion of the Housing Overlay District, and the encouragement of subdivision for larger projects, which was implemented with TTM 37506, and is being implemented at the Key Largo project (please see evaluation of Program 1.C above). The TTM subdivided a large holding into multiple parcels, ranging from 6 to over 20 acres, to accommodate a mix of housing types. This program is ongoing and will be continued in the 2022-2029 planning period. TN/City of Palm Desert General Plan/Housing Element Housing Element III-8 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall fund the Home Improvement Program for single family homes by providing grants and low interest loans to program participants. The program will be provided to the extent that funding is available, to up to five households each year. Responsible Agency: City Schedule: Annually as funds are available Evaluation: The City implemented the program and funded four grants and loans. Funding was limited, and the City was therefore able to only implement the emergency component of this program. The program will be maintained, to assure that it is available should funding be secured. Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Evaluation: The Housing Authority continues to own and operate 1,114 affordable housing units in 15 projects. The City intends to continue to operate these projects, and this program shall be continued in the 2022-2029 planning period. Program 3.B The Housing Authority shall maintain the existing resale restrictions and other subsidies on 303 ownership units if permitted to do so by the Department of Finance. Responsible Agency: Housing Authority Schedule: Throughout the planning period, if permitted by the Department of Finance Evaluation: The Housing Authority maintains affordability covenants on a total of 301 owner- occupied properties, of which 31 properties were resold to a new qualifying household with affordability covenants. Some of the covenants will expire during the 2022-2029 planning period. The Housing Authority intends to maintain these covenants, and the program will be continued and amended to address expirations in the 2022-2029 planning period. TN/City of Palm Desert General Plan/Housing Element Housing Element III-9 Program 3.C The Housing Authority owns approximately 1,000 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Evaluation: The Housing authority continues to own and operate 1,114 units, and plans to maintain ownership. This program has been successfully implemented, and will be continued in the 2022-2029 planning period. Program 3.D The City shall coordinate between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on-site child care, the Agency shall consider allocation of the City’s Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, City Manager’s Office, Community Development Department Schedule: As projects are proposed Evaluation: The City continues to operate the Jean Benson Childcare Center located within the Desert Rose project. In addition, the Hovley Gardens project provides after-school programs for school-aged children, and adult education, health and wellness, and skill building classes to residents. New projects proposed for development are encouraged to provide services to residents. As these projects are forthcoming, the level of programming has not been determined. The City will continue to encourage such programs in the 2022-2029 planning period. Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Evaluation: The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. In 2020 the City had the highest number of disabled residents during the planning period, providing housing to 188 disabled residents. The City has approved a project for developmentally disabled persons adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of up to $250,000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City will continue to work with the project, and this program will be maintained in the 2022-2029 planning period. TN/City of Palm Desert General Plan/Housing Element Housing Element III-10 Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Responsible Agency: City and Housing Authority Schedule: Brochures and flyers available at Housing Authority properties, Library, and apartment managers’ offices Evaluation: The City provides fair housing information at all its properties, and continues to fund programs operated by the Fair Housing Council of Riverside County. During the 2014-2022 planning period, the City used CDBG funds to provide the Council $239,000 to eliminate discrimination in housing throughout the City in joint efforts across the County. Program 4.B The City shall work with the Senior Center and other appropriate agencies in the housing of disabled residents. Responsible Agency: Senior Center Schedule: Annually through staff training program The Housing Authority maintains 380 of its 1,114 units, or 34%, for senior households. In addition, the City has preserved 37 non-City owned units’ affordability for seniors in assisted living communities. In 2015, the City entered into an amended agreement with the developers of the Legend Gardens community, requiring that 10 of its assisted living one-bedroom units be restricted to low income seniors. Program 4.C The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: Housing Authority Schedule: As projects are proposed The City and Housing Authority continuously seek opportunities for the development of affordable housing units, including regular contact with the development community. During the planning period, Habitat for Humanity developed 2 homes for very low income households, which were all completed and are now occupied. This has included developing a self-help housing program for 14 units with the Coachella Valley Housing Coalition, and marketing City properties to developers. This effort has led to an agreement with Pacific West Companies for the development of 269 affordable housing units, the entitlement of 36 units dedicated to special needs housing adjacent to Desert ARC, and the commitment of loan funds for the substantial rehabilitation of Hovley Gardens, a 162 unit family project. The City is currently also working with Hovley Gardens TN/City of Palm Desert General Plan/Housing Element Housing Element III-11 to refinance the property to extend affordability for the project for an additional 55 years. This will be completed during the upcoming planning period. This program has been successful, and will be maintained in the 2022-2029 planning period. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs, and the beds and services it will provide. (See discussion on page 28 regarding CVAG’s program) Responsible Agency: City Manager’s Office, City Council Schedule: Annually in the General Fund Budget Evaluation: The City funded multiple efforts to reduce homelessness. The City participated and funded $100,000 annually for regional homelessness assistance through CVAG, both for the Center in North Palm Springs, and continuing with additional services after the Center closed. In addition, the City funded two full-time positions with the Riverside University Health System to provide assistance to Palm Desert homeless residents. This program will be modified to reflect current homeless prevention efforts for the 2022-2029 planning period. Program 5.B The City will continue to coordinate with the Inland Regional Center, Desert Arc and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities. The City will support funding applications for such projects, and will consider fee waivers and reductions when these projects are proposed. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals. Responsible Agency: Planning Department, City Council Schedule: As projects are proposed The City approved a project for developmentally disabled individuals adjacent to Desert Arc offices on Country Club Drive. In addition, the Housing Authority committed to leasing the land and funding a subsidy of up to $250,000 to assure that 5 units were for persons employed within the City, and supported CTCAC and other funding efforts. The project, which includes 36 units of special needs housing and a community center building, remains entitled but has not secured funding. The City assists disabled residents at all its Housing Authority owned properties. Between 2014 and 2020, there were between 91 and 188 disabled residents in these properties, varying by year. The 2020 census is the highest of the planning period, providing housing to 188 disabled residents. Furthermore, the City provided Desert Arc $77,750 in Community Development Block Grant (CDBG-CV) funds to sustain operations during the coronavirus pandemic and implement activities related to a multi-phased re-opening plan. This program has been successful and will continue to be implemented. TN/City of Palm Desert General Plan/Housing Element Housing Element III-12 Program 5.C The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha’s Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services. Responsible Agency: City Manager’s Office Schedule: Annually with CDBG funding cycle Evaluation: During the 2014-2021 planning period, the City used CDBG funds to contribute toward energy improvements and food supplies at Martha’s Village and Kitchen totaling $312,752; at the Coachella Valley Rescue Mission, $52,770 was allocated from CDBG funds for equipment replacements, food supplies and shelter services; and Catholic Charities was allocated $5,151 for food and supplies. In total, the City allocated $370,673 toward direct assistance to homeless individuals. This program was successful and will be continued in the 2022-2029 planning period. In addition, the City provided Martha’s Village an additional $40,000 in CDBG-CV funds to provide operational costs for a 15-bed expansion for homeless individuals during the coronavirus pandemic. Likewise, the City provided the Coachella Valley Rescue Mission with an additional $40,000 in CDBG-CV funds to sustain operations during the coronavirus pandemic. Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: City Schedule: Annually with annual compliance plan review Evaluation: The Housing Authority annually houses an average of 40 households under the Section 8 program at its properties. This program has been successful, and shall be carried forward to the 2022-2029 planning period. Program 6.B The City shall continue to work with affordable housing organizations to preserve the affordability of the Regent Palm Desert, Shadow Hills Estates and Cantera Phase I, which will be at risk of losing their affordability restrictions during the planning period. The City will coordinate with private development and management companies to promote the preservation of these units; and may cooperate through state and federal program funding for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: City Schedule: Annually as the projects’ affordability restrictions are at risk TN/City of Palm Desert General Plan/Housing Element Housing Element III-13 Evaluation: The City made multiple efforts to preserve the affordability of units at the Regent, Shadow Hills and Cantera. All of the owners, however, declined to maintain affordability restrictions, and the units reverted to market rates. This program will be adjusted to reflect units at risk during the 2022-2029 planning period. Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City implemented this policy through the implementation of State density bonus law and the adoption of the Housing Overlay District. In addition, both the Sands project and the Arc Village project were granted fee waivers in exchange for affordability covenants during the planning period. This program has been successful, and will continue to be implemented, based on funding availability. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Evaluation: The City adopted the Housing Overlay District in 2020. This District allows for the waiver of fees and the reduction of development standards for projects committing to affordable housing units. In addition, the City approved a total of 162 accessory dwelling units during the planning period. Although these units are not restricted by covenant, they provide for an affordable housing option on existing single family home lots. The City will continue to implement both programs in the 2022-2029 planning period. Program 9.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed Evaluation: The City preserved existing affordability covenants at an assisted living facility, and increased the availability of affordable units at the Legend Gardens facility to 10. This program was successful, and will be maintained in the 2022-2029 planning period. Policy 10 The City shall implement the State’s density bonus law. Evaluation: There were no projects constructed during the planning period with density bonus units, but the Sands project received 78 very low income household density bonus units and concessions, and the forthcoming Pacific West Companies project will increase its unit count from 200 to 270 269 for very low, low and moderate income households through density bonus provisions. The City will continue to implement density bonus law consistent with law in the 2022- 2029 planning period. TN/City of Palm Desert General Plan/Housing Element Housing Element III-14 Policy 11 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Evaluation: The City continues to consider the placement of housing in proximity to jobs, and to encourage the housing of Palm Desert employees in projects. This was directly accomplished through a subsidy agreement at the Arc Village project, which provides for 5 units for Palm Desert employed households, and through the University Village Specific Plan, which places higher density residential lands in close proximity to job centers in the Portola/Gerald Ford/Cook/Fred Waring area. This policy continues to be a priority for the City, and will be carried forward into the 2022-2029 planning period. Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 12.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed Evaluation: The Housing Authority has implemented energy conservation at multiple projects, including the Carlos Ortega Villas, which was constructed as a net-zero project, and with replacements of HVAC and water heating systems with high-efficiency systems at Housing Authority projects. In addition, solar installations were undertaken within the Desert Rose project. This policy continues to be important to the City, and will be carried forward to the 2022-2029 planning period. Summary of Impact on Special Needs Populations In summary, as described in the evaluation above relating to special needs programs, the City’s implementation of its Housing Element during the previous planning period supported the housing needs of special needs households: • City-owned housing communities continue to house senior residents in 7 projects totaling 366 units. TN/City of Palm Desert General Plan/Housing Element Housing Element III-15 • City-owned housing communities continue to house physically and developmentally disabled residents, which have ranged from 91 to 188 residents in the last planning period. • The City has actively participated in moving forward on the Arc Village project, which will result in 32 units for developmentally disabled residents, in addition to the funds expended to make improvements to Desert Arc educational and vocational facilities. TN/City of Palm Desert General Plan/Housing Element Housing Element III-16 DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2010 U. S. Census and 2018 American Community Survey (ACS) data. Where more current data is available, it has been included in addition to the Census and ACS information. Regional Population The City of Palm Desert is located in the Coachella Valley in eastern Riverside County. Riverside County grew from 1,545,387 in 2000 to 2,189,641 in 2010. By 2018, the American Community Survey estimated that the County population had grown to 2,383,286, which represents an 8-year increase of 8.8%. The California Department of Finance (DOF) estimated that, in January 2020, Riverside County had a population of 2,442,304, an increase of 11.5% over the 2010 population. Table III-1 Population Trends – Neighboring Jurisdictions Jurisdiction 2010 2018 Change (2010-2018) Number Percent Desert Hot Springs 25,938 28,430 2,492 9.6% Palm Springs 44,552 47,525 2,973 6.7% Cathedral City 51,200 54,037 2,837 5.5% Rancho Mirage 17,218 18,075 857 5.0% Palm Desert 48,445 52,124 3,679 7.6% Indian Wells 4,958 5,317 359 7.2% La Quinta 37,467 40,704 3,237 8.6% Coachella 40,704 44,849 4,145 10.2% Indio 76,036 91,235 15,199 20.0% Riverside County 2,189,641 2,383,286 193,645 8.8% Source: 2010 U.S. Census; American Community Survey 2014-2018 5-Year Estimates. City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990-2000, the City’s population grew to 41,155, an increase of 77% in ten years. By 2010, the Census reported a City population of 48,445, an increase of 17.3% in ten years. The California Department of Finance estimated that the City’s population on January 1, 2020 was 52,986, an average annual increase of under 1%. Between 2010 and 2018, the City’s growth rate (7.6%) ranked in the middle compared to other Coachella Valley cities and was less than the County’s growth rate (8.8%). TN/City of Palm Desert General Plan/Housing Element Housing Element III-17 Table III-2 Population Trends – Palm Desert Year Population Numerical Change Percent Change Average Annual Growth Rate 2000 41,155 -- -- -- 2010 48,445 7,290 17.7% 1.8% 2020 52,986 4,541 9.4% 0.9% Source: 2000 and 2010 U.S. Census; Table E-1, Population Estimates for Cities, Counties, and the State, California Department of Finance, January 1, 2020. The Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) projects a City population of 64,100 by 2045. Age The Coachella Valley historically has attracted older adults and retirees, and Palm Desert is no exception. The City’s median age rose from 48.0 in 2000 to 53.0 in 2010 and decreased slightly to 52.6 in 2018. With the continuing aging of America, it is expected that the median age may keep rising or stabilize. Table III-3 illustrates age characteristics for Palm Desert population in 2010 and 2018. From 2010 to 2018, children and youth groups (ages 0–19) decreased by 0.7% to 16.6%, young and middle-age adults (20 to 54 years) increased by 0.5% to 35.7%, and all age groups over 55 years increased by 0.2% to 47.7%. The data suggest that housing demand is currently highest for seniors and young and middle-age adults. If the aging trend continues, there may be a growing demand for senior housing and programs that promote “aging in place”; however, this trend is likely to occur slowly, and the demand for such products will need to be evaluated over time. The Palm Desert Housing Authority operates 7 affordable apartment complexes that are restricted to seniors, the newest of which is the 72-unit Carlos Ortega Villas built in 2015 (see “Affordable Housing Developments” section). During the 2022-2029 planning period, particular focus will be on expanding housing opportunities for families and first-time buyers. TN/City of Palm Desert General Plan/Housing Element Housing Element III-18 Table III-3 Age Distribution, 2010 and 2018 Age 2010 2018 Number % of Total Number % of Total Under 5 2,021 4.2% 2,032 3.9% 5-9 1,960 4.0% 2,044 3.9% 10-14 2,105 4.3% 2,256 4.3% 15-19 2,345 4.8% 2,331 4.5% 20-24 2,436 5.0% 2,727 5.2% 25-34 4,344 9.0% 5,430 10.4% 35-44 4,387 9.1% 4,847 9.3% 45-54 5,872 12.1% 5,605 10.8% 55-59 3,235 6.7% 3,384 6.5% 60-64 3,817 7.9% 3,886 7.5% 65-74 7,640 15.8% 8,976 17.2% 75-84 5,914 12.2% 5,940 11.4% 85+ 2,369 4.9% 2,666 5.1% Total 48,445 100.0% 52,124 100.0% Median age 53.0 52.6 Source: 2010 U.S. Census Tables P12 and P13; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Race and Ethnicity Table III-4 describes the racial and ethnic distribution for Palm Desert in 2010 and 2018. Residents who categorize themselves as white comprise the largest race/ethnicity; this group remained constant at 82.5%. The second most prevalent race/ethnicity changed from “some other race” to Asian. The “some other race” category decreased from 9.1% to 5.0%. The Asian group increased from 3.4% to 5.1%, and the percentage of Black/African Americans increased from 1.8% to 2.5%. The share of American Indians and Alaska Natives, and Native Hawaiians and Other Pacific Islanders, remained largely constant, comprising approximately 0.6% combined during both years. The percentage of residents in the “Two or More Races” category increased from 2.5% to 4.4%. The percentage of Hispanic or Latino residents increased from 22.8% to 25.5%. TN/City of Palm Desert General Plan/Housing Element Housing Element III-19 Table III-4 Racial and Ethnic Characteristics, 2010 and 2018 Race/Ethnicity 2010 2018 Number % of Total Number % of Total One Race: White 39,957 82.5% 42,993 82.5% Black or African American 875 1.8% 1,323 2.5% American Indian & Alaska Native 249 0.5% 196 0.4% Asian 1,647 3.4% 2,651 5.1% Native Hawaiian/Other Pac. Islander 55 0.1% 91 0.2% Some Other Race 4,427 9.1% 2,593 5.0% Two or More Races 1,235 2.5% 2,277 4.4% Total 48,445 100% 52,124 100% Hispanic or Latino (of any race) 11,038 22.8% 13,299 25.5% Source: 2010 U.S. Census, Table P3; American Community Survey 2014-2018 5-Year Estimates, Table DP05 Households The City had a total of 23,117 households in 2010. The average household size was 2.09 persons per household based on the 2010 Census. Between 2010 and 2018, the number of households increased 4.3% to 24,114, and the average household size in 2018 was 2.15 persons according to the ACS. In 2018, 44.9% of households consisted of married couple families, followed by non- family households (43.3%), female householder families (7.6%), and male householder families (4.3%). Table III-5 Household Growth Trends Year Number of Households Numerical Change Percent Change 2010 23,117 --- --- 2018 24,114 997 4.3% Source: 2010 U.S. Census, Table P28; American Community Survey 2014-2018 5- Year Estimates, Table DP02 Table III-6 Household Types Household Type No. of HH % of Total Family households: 13,679 56.7% Married couple family 10,821 44.9% Male householder, no wife present 1,030 4.3% Female householder, no husband present 1,828 7.6% Non-family households 10,435 43.3% Total Households 24,114 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02 TN/City of Palm Desert General Plan/Housing Element Housing Element III-20 Income Income can vary significantly by region, industry, and type of job. Table III-7 describes average income per worker by industry in the Coachella Valley. As shown, the highest-paying sectors are Finance/Insurance/Real Estate, Government, and Information, with incomes averaging around $50,000 to $60,000. The lowest-paying sectors include Retail Trade, Other Services, and Leisure and Hospitality, with incomes averaging around $31,000. Table III-7 Average Income by Industry, Coachella Valley Industry Average Income per Worker, 2017 Agriculture $29,571 Construction $45,488 Manufacturing $46,340 Retail Trade $32,281 Information $50,493 Finance, Insurance, Real Estate $59,726 Professional and Business Services $43,736 Education and Health Services $48,322 Leisure and Hospitality $31,513 Government $58,711 Other Services $31,836 Logistics $45,114 Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 29 Median household income in the City in 2000 was $48,316; it rose to $50,267 by 2010. In 2018, median household income had risen to $57,578, less than the County median income, which stood at $66,964. The following table identifies the number of Palm Desert households in each income range. TN/City of Palm Desert General Plan/Housing Element Housing Element III-21 Table III-8 City Household Income Distribution, 2018 Income No. of HH % of Total Less than $10,000 1,787 7.4% $10,000-$14,999 1,187 4.9% $15,000-$24,999 2,252 9.3% $25,000-$34,999 2,477 10.3% $35,000-$49,999 3,004 12.5% $50,000-$74,999 4,341 18.0% $75,000-$99,999 2,547 10.6% $100,000-$149,999 2,809 11.6% $150,000-$199,999 1,721 7.1% $200,000 + 1,989 8.2% Total 24,005 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03. *Differences due to rounding. The ACS estimated that 9.3% of all families in Palm Desert were living below the poverty level in 2018. Employment and Major Employers Like much of the Coachella Valley, a substantial portion of the City’s economy is rooted in the regional tourism and service industries. The following table describes employment distribution in Palm Desert in 2018. The ACS data show that, of a total civilian workforce of 21,933 residents over 16 years, the largest employment sectors were “arts, entertainment, recreation, accommodation & food services” (20.1%) and “educational services, health care & social assistance” (18.8%). TN/City of Palm Desert General Plan/Housing Element Housing Element III-22 Table III-9 City Employment by Industry, 2018 Industry No. of Employees % of Total Agriculture/Forestry/Fishing/Hunting/Mining 147 0.7% Construction 1,473 6.7% Manufacturing 789 3.6% Wholesale Trade 492 2.2% Retail Trade 3,066 14.0% Transportation, warehousing & utilities 585 2.7% Information 438 2.0% Finance, insurance, real estate, rental & leasing 1,616 7.4% Professional, scientific, management, admin. & waste management 2,702 12.3% Educational services, health care & social assistance 4,133 18.8% Arts, entertainment, recreation, accommodation & food services 4,404 20.1% Other services (except public administration) 1,482 6.8% Public Administration 606 2.8% Total Employment by Industry (Civilian 16 years and over) 21,933 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table S2405 As shown in Table III-10, more than one-third (36.1%) of the City’s civilian employed labor force is in “management, business, science, and arts” occupations, followed by “sales and office” occupations (27.6%) and “service” occupations (24.6%). Table III-10 City Employment by Occupation, 2018 Occupation No. of Employees % of Total Management, business, science, and arts occupations 7,926 36.1% Service occupations 5,404 24.6% Sales and office occupations 6,048 27.6% Natural resources, construction, and maintenance occupations 1,316 6.0% Production, transportation, and material moving occupations 1,239 5.6% Total civilian employed population 16 years and over 21,933 100%* Source: American Community Survey 2014-2018 5-Year Estimates, Table DP03 *Differences due to rounding. As shown in Table III-11, the City’s principal employers include security services providers, golf clubs and resorts, and big chain retailers. Typical jobs at these facilities include store clerks and managers, salesmen, security guards, and hospitality and food service providers. TN/City of Palm Desert General Plan/Housing Element Housing Element III-23 Table III-11 Principal Employers in Palm Desert, 2019 Employer No. of Employees % of Total City Employment JW Marriot-Desert Springs Resort & DS Villas 2,304 9.8% Universal Protection Services 1,500 6.4% Securitas-Security Service USA 700 3.0% Organization of Legal Pro's 501 2.1% Sunshine Landscape 500 2.1% Costco Wholesale 250 1.1% Bighorn Golf Club 250 1.1% Whole Foods Market 150 0.6% Target 145 0.6% Tommy Bahama 125 0.5% Total 6,425 27%* Source: 2019 Comprehensive Annual Financial Report, City of Palm Desert. *Differences due to rounding. The Great Recession, with onset in late 2007, saw high unemployment and job losses in the Coachella Valley. At the trough, about every seventh person lost their job.1 Regional employment started to increase in 2011, but annual growth was still slower than pre-Recession levels until 2017, suggesting more severe impacts than western Riverside County, the state, and the nation. The construction sector was hit hardest regionally, with approximately 70% of jobs lost and only 14% recovered by December 2017.2 The Retail Trade and Wholesale Trade sector lost around 6,700 jobs but has generally returned to pre-Recession levels. Two sectors have fully recovered and even added jobs: Education and Health Services and, to a lesser extent, Leisure and Hospitality. Between 2010 and 2019, annual unemployment rates in Palm Desert declined from a high of 10.1% in 2010 to a low of 4.2% in 2019.3 However, analysis of employment data from 2005 to 2017 shows that, as of December 2017, Palm Desert had not recovered the job losses it incurred during the Great Recession. The City lost about 20% of jobs, relative to peak employment, and had recovered only about 1.8%.4 This scenario is similar for seven other Coachella Valley cities; only Palm Springs and Rancho Mirage had recovered and exceeded their previous peaks. Table III-12 describes the employment locations of Palm Desert residents. As shown, 39.6% of City residents work in the City, which shows a relatively large portion of residents are employed within City limits. The remaining work locations are spread out in other Valley cities, the top two being Rancho Mirage (16.4%) and Palm Springs (12.6%). An estimated 11,824 residents of other cities work in Palm Desert, which is the highest number of employment inflows of all cities in the Coachella Valley. The City’s retail and service sectors, in particular, attract and can support younger workers in entry level positions. 1 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 24. 2 Ibid, Figures 25 and 26. 3 California Employment Development Department annual average unemployment rates (labor force), not seasonally adjusted, not preliminary. 4 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Figure 28. TN/City of Palm Desert General Plan/Housing Element Housing Element III-24 Table III-12 Commuting Patterns Where Palm Desert Residents Work No. of Palm Desert Residents % of Total Indio 737 7.8% Cathedral City 436 4.6% Palm Desert 3,749 39.6% Palm Springs 1,193 12.6% Coachella 238 2.5% La Quinta 892 9.4% Desert Hot Springs 93 1.0% Rancho Mirage 1,555 16.4% Indian Wells 572 6.0% Total: 9,465 100.0% Inflow of Workers from Other Cities to Palm Desert: 11,824 ---- Source: 2019 Greater Palm Springs Economic Report, Coachella Valley Economic Partnership, Table 6. Based on 2015 data. EXISTING HOUSING STOCK Housing Units The City’s housing stock includes an estimated 39,800 dwelling units, the majority of which (39.6%) are single-family detached units. Other housing types include single-family attached units (18.8%), multi-family complexes with 2-4 units (14.2%) and 5 or more units (19.5%), mobile homes (7.8%), and boat/RV/van/etc. (0.1%). The total number of units increased by 2,932 (8.0%) between 2010 and 2018. Specifically, the number of single-family detached units increased by 1,183, single-family attached units decreased by 3,274, multi-family 2-4 units increased by 2,722 and 5+ units increased by 2,847, mobile homes decreased by 547, and boat/RV/van/etc. increased by one (1). Table III-13 City Housing Characteristics Units in Structure 2010 2018 No. of Units % of Total No. of Units % of Total Single Family, detached 14,584 39.6% 15,767 39.6% Single Family, attached 10,761 29.2% 7,487 18.8% 2-4 Units, Multi-family 2,927 7.9% 5,649 14.2% 5+ Units, Multi-family 4,912 13.3% 7,759 19.5% Mobile homes 3,650 9.9% 3,103 7.8% Boat, RV, van, etc. 34 0.1% 35 0.1% Total 36,868 100.0% 39,800 100% Source: 2010 U.S. Census and American Community Survey 2014-2018 5-Year Estimates, Table DP04 TN/City of Palm Desert General Plan/Housing Element Housing Element III-25 Residential Building Permit Activity The following table describes residential building permit activity during the 2014-2021 planning period. Permits were issued for a total of 1,447 units. Single-family units accounted for 43% of all permits and had an average value of $513,498 per unit. Multi-family 2-4 units accounted for 13% and had an average value of $279,940 per unit. Multi-family 5+ units accounted for 44% and had an average value of $208,200 per unit. Table III-14 Residential Building Permits, 2014-2020 Year Single-Family Multi-Family 2-4 Units Multi-Family 5+ Units No. of Units Average Value/Unit No. of Units Average Value/Unit No. of Units Average Value/Unit 2014 200 $443,069 11 $197,473 961 $95,429 2015 95 $471,452 14 $233,533 27 $277,778 2016 75 $596,227 14 $213,890 2072 $159,783 2017 72 $476,216 52 $207,230 10 $320,000 2018 57 $443,851 66 $219,697 0 --- 2019 74 $542,709 24 $137,755 304 $188,011 2020 47 $620,963 2 $750,000 0 --- Total: 620 $513,498 183 $279,940 644 $208,200 1 Includes 72 units at Carlos Ortega Villas 2 Includes 175 assisted living units In addition to the permits listed above, 162 permits were issued for Accessory Dwelling Units (ADUs) between 2014 and 2020 (see “General Plan and Zoning Ordinance Constraints” for more information about ADUs). Age and Condition of Housing Stock The age of the City’s housing stock can be a key indicator of potential rehabilitation, repair, or demolition needs. The ACS estimated a total of 39,800 housing units in Palm Desert in 2018. Of these, 25,312 (63.6%) were built before 1990 and are, therefore, more than 30 years old, while 6,348 (15.9%) were less than 20 years old. Depending on construction quality and maintenance history, older homes may have issues including inadequate or unsafe mechanical systems and appliances, foundation or roof problems, inefficient windows, the presence of asbestos or lead, and lack of fire and earthquake safety features. However, older homes in the City are sought after, particularly those built during the mid-century period, and are more likely to be conserved than demolished. In addition, programs provided by multiple organizations, including CVAG’s Green for Life program, have allowed low-interest improvement loans for solar, insulation, lighting upgrades and other improvements that improve a home’s energy efficiency, thereby extending its useful life. TN/City of Palm Desert General Plan/Housing Element Housing Element III-26 During the previous planning period, the City referred an average of 7 residents per year to the SCE’s approved HVAC vendor for replacements of these systems for very low and low income households. HVAC units are critical to residents’ safety during Palm Desert’s hot summers. In addition, the case records of the Code Compliance division were reviewed for the 2014-2021 planning period. During that time, the City had no cases opened regarding major rehabilitation needs, and no citations issued for health and safety violations. The Home Improvement Program (HIP) assists very low, low and moderate income households with home repairs, including emergency repairs, depending on funding availability. The City will establish a program for the 2022-2029 planning period to explore the possibility of establishing a rehabilitation program and funding options (see Program 2.A). Table III-15 Age of Housing Units Year Built No. of Units % of Total 2014 or later 457 1.1% 2010-2013 755 1.9% 2000-2009 5,136 12.9% 1990-1999 8,140 20.5% 1980-1989 12,658 31.8% 1970-1979 8,121 20.4% 1960-1969 3,114 7.8% 1950-1959 1,137 2.9% 1940-1949 157 0.4% 1939 or earlier 125 0.3% Total 39,800 100% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP04 Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In Palm Desert, there are 198 units (0.8% of all units) lacking complete kitchens and 67 units (0.3% of all units) lacking plumbing facilities. More rental units have deficiencies than homeowner units. These homes could potentially benefit from repair and rehabilitation programs, such as the HIP program described above. As shown in Table III-46, Quantified Objectives, the City will use the HIP program to correct these deficiencies for the 67 units affected (see Program 2.A). TN/City of Palm Desert General Plan/Housing Element Housing Element III-27 Table III-16 Housing Units Lacking Facilities Tenure Lacking complete kitchen facilities Lacking plumbing facilities Total Units in City No. of Units % of Total No. of Units % of Total Owner-Occupied Units 18 0.1% 10 0.1% 14,842 Renter-Occupied Units 180 1.9% 57 0.6% 9,272 Total 198 0.8% 67 0.3% 24,114 Source: 2014-2018 American Community Survey 5-Year Estimates, Tables B25053 and B25049 To further evaluate housing conditions in Palm Desert, the Code Compliance Division queried its records for residential property code violations, such as structural deficiencies, general deterioration, dilapidation, and faulty plumbing or electrical systems. As of February 2021, there were only 5 active cases of dwelling units with building code violations, all of which were associated with unpermitted construction activity. None of the cases cited structural deficiencies in need of replacement or rehabilitation. The Palm Desert Housing Authority offers a Housing Improvement Program (HIP) to assist homeowners and apartment complex owners with emergency home maintenance and repair costs (see Existing Affordable Housing Programs, below). Vacancy Status and Housing Tenure The vacancy rate is a measure of the general availability of housing. It also indicates how well the types of units available meet the current housing market demand. A low vacancy rate suggests that fewer housing units are available for those needing housing and can result in corresponding higher housing demand and housing values/costs; a high vacancy rate may indicate either excess housing supply or decreased property values. The 2018 ACS showed a total of 15,686 of the City’s total 39,800 housing units to be vacant, for an overall vacancy rate of 39.4%. Correcting for seasonal, recreational or occasional use units, which are considered vacant by the ACS but are not available or used for permanent occupancy, the vacancy rate decreased to 8.1% in 2018. Of the 24,114 (60.6%) occupied housing units in the City, about 37.3% are owner-occupied, and 23.3% are renter-occupied. The homeowner vacancy rate is 6.0%, and the rental vacancy rate is 10.7%, which may indicate some excess supply in the rental market. TN/City of Palm Desert General Plan/Housing Element Housing Element III-28 Table III-17 Vacancy Status – 2018 Unit Type No. of Units % of All Units Occupied Units: Owner-occupied 14,842 37.3% Renter-occupied 9,272 23.3% Total Occupied Units: 24,114 60.6% Vacant Units: For rent 1,123 2.8% Rented, not occupied 85 0.2% For sale only 959 2.4% Sold, not occupied 143 0.4% For seasonal, recreational, or occasional Use 12,443 31.3% For migrant workers 0 0.0% Other vacant 933 2.3% Total Vacant Units: 15,686 39.4% Total Units 39,800 100% Vacancy Rate: Homeowner vacancy rate - 6.0% Rental vacancy rate - 10.7% Source: American Community Survey 2014-2018 5-Year Estimates, Tables DP04 and B25004 Overcrowding The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining “overcrowded” housing conditions. Overcrowding can indicate an imbalance between housing affordability and income and typically affects renters more than homeowners. Table III-18 shows that a total of 959 housing units in Palm Desert were overcrowded in 2018, representing 4.0% of the total occupied housing units in the City. Of all overcrowded units, 77.3% were renter-occupied units and 22.7% were owner- occupied units. Severely overcrowded units have more than 1.5 persons per room and are a subset of overcrowded units. They account for 1.7% of all occupied housing units in the City. About 43.5% of all overcrowded units in the City are severely overcrowded. TN/City of Palm Desert General Plan/Housing Element Housing Element III-29 Table III-18 Overcrowding, 2018 Persons/Room Owner- Occupied Units Renter- Occupied Units Total % of Total 1.00 or less 14,624 8,531 23,155 96.0% 1.01 to 1.50 127 415 542 2.2% 1.51 to 2.00 48 186 234 1.0% 2.01 or more 43 140 183 0.8% Total Overcrowded 218 741 959 4.0% % Overcrowded by Tenure 22.7% 77.3% - - Total Severely Overcrowded 91 326 417 1.7%* % Severely Overcrowded by Tenure 21.8% 78.2% - - Source: American Community Survey 2014-2018 5-Year Estimates, Table B25014 *Difference due to rounding. As shown, the number of overcrowded units in Palm Desert is relatively low. Units with 3 or more bedrooms help accommodate larger households. Affordable housing developments with 3 or 4 bedrooms include ownership units at Desert Rose, Habitat for Humanity and CVHC units and Falcon Crest; and rental units at Hovley Gardens and the Enclave. Other affordable housing options that can alleviate overcrowding are ADUs, JADUs, and guest houses, all of which are permitted by the Zoning Code. The City has seen a steady number of ADUs in the last planning period (see Table III-14, Residential Building Permits), and a program to track their progress in included to determine whether they will become an effective means of accommodating lower income household need. No ADU sites are included in the City’s Land Inventory for purposes of meeting the RHNA allocation for the 2022-2029 planning period. Housing Values The following table compares median housing values in Coachella Valley cities from 2013 to 2018. Palm Desert’s median housing value was $308,000 in 2013, which was lower than Rancho Mirage, Indian Wells, and La Quinta, but higher than the other cities. Its median value increased nearly 9% over the 5-year period, which was the lowest percent increase in the region (other than the decrease of Rancho Mirage median value). Its median housing value currently ranks in the middle of Coachella Valley cities. TN/City of Palm Desert General Plan/Housing Element Housing Element III-30 Table III-19 Regional Median Housing Value Trends, 2013 - 2018 Jurisdiction Median Value, owner-occupied units % Change 2013-2018 2013 2018 Desert Hot Springs $121,600 $174,900 43.8% Palm Springs $267,800 $367,900 37.4% Cathedral City $179,500 $259,900 44.8% Rancho Mirage $518,000 $499,900 -3.5% Palm Desert $308,000 $335,400 9.0% Indian Wells $604,600 $706,800 16.9% La Quinta $348,400 $386,200 10.8% Indio $192,600 $267,900 39.1% Coachella $137,600 $207,300 50.7% Source: American Community Survey 2009-2013 and 2014-2018 5-Year Estimates, Table B25077 The number of owner-occupied housing units, by value range, are listed in Table III-20. Most units (35.3%) are within the $300,000 to $499,999 range. Table III-20 Values, Specified Owner-Occupied Housing Units, 2018 Value Number Less than $50,000 704 $50,000 to 99,999 444 $100,000 to 149,999 509 $150,000 to 199,999 994 $200,000 to 299,999 3,687 $300,000 to 499,999 5,241 $500,000 to 999,999 2,651 $1,000,000 or more 612 Source: American Community Survey 2014-2018 5- Year Estimates, Table DP04 The median housing unit value in 2018 was estimated at $335,400. For renters, the median contract rent in 2018 was $1,260. Current housing values and rental rates are further discussed below in the section titled “Economic Constraints.” TN/City of Palm Desert General Plan/Housing Element Housing Element III-31 EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of local, regional, state, and federal programs available in Palm Desert which provide a variety of housing services to the City’s residents. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The Palm Desert Housing Division oversees the City’s affordable housing programs and the Palm Desert Housing Authority (PDHA). The PDHA owns affordable housing communities and provides rental and ownership assistance to City residents. Owners’ Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants to the extent funding is available, may receive direct rental payment assistance from the City. The owner must, in exchange for the assistance, enter into a recorded agreement with the City assuring affordability of the rental units for 55 years. Acquisition, Rehabilitation and Resale This program allows the City to purchase existing market rate single family units, rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. Funding in past cycles has been through the former RDA that made 2 units available in 2000 and 2001, as well as the City’s Neighborhood Stabilization Program, where two units were acquired and rehabilitated in 2013. Since that time, lack of funding has prevented additional rehabilitation. The City will continue to explore funding options. Mortgage Credit Certificate Program The City has committed to participating in the Mortgage Credit Certificate Program, which is operated by Riverside County Economic Development Agency. The MCC Program allows qualified home buyers to reduce the amount of their federal income tax liability by an amount equal to a portion of the interest paid during the year on a home mortgage. The MCC is in effect for the life of the loan as long as the home remains the borrower’s principal residence. No certificate were issued for homes purchased during the 2014-2021 planning cycle. Source funds for this program come from the CDLAC agency, which established standards for this program and other provisions. Homebuyers Assistance Program The City and Palm Desert Housing Authority have provided assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non- recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a single-family home. There are currently 301 homes in this program. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the City assuring affordability of the home for up to 45 years. TN/City of Palm Desert General Plan/Housing Element Housing Element III-32 Self-Help Housing The City assists very low, low and moderate income households in constructing and purchasing their own homes on existing lots within the City. In May 2020, the City awarded a DDA for 14 vacant lots to the Coachella Valley Housing Coalition for future development of single-family self-help homes along Merle Drive. It is expected that these self-help units will be for three very low income and eleven low income households, and that they will be built during the 2022-2029 planning cycle. Home Improvement Program The City assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants from Community Development Block Grant (CBDG) funds. The program has eight (8) components, but only the Emergency Grant Component is currently funded. • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, ADA improvements, etc.). Four (4) households received Emergency grants during the 2014-2021 planning period. • The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the City to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. Fair Housing The California Fair Employment and Housing Act generally prohibits housing discrimination with respect to race, color, religion, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, source of income, disability, genetic information, or veteran or military status. AB 686 requires the City to certify that it will affirmatively further fair housing by taking meaningful actions to overcome patterns of segregation and foster inclusive communities. TN/City of Palm Desert General Plan/Housing Element Housing Element III-33 The City prepared an Assessment of Fair Housing (AFH) in 2017 is association with its receipt of federal Community Development Block Grant (CDBG) funds. The AFH was based on data analysis, community participation, and input from public health, social service, and housing organizations. The AFH included analysis to identify trends and patterns over time and also compare the City to the regional level (including Riverside and San Bernardino Counties). Findings included the following: • There are no Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) in Palm Desert. No R/ECAPs were located in Palm Desert since 1990. In the Region, R/ECAPs are located within the cities of Victorville, San Bernardino, Riverside, Moreno Valley and Indio as well as the unincorporated areas of the Counties of Riverside and San Bernardino. • The City has a low segregation level for each racial/ethnic group, compared to a moderate level of segregation for the bi-county region. While there was an increase in the City’s segregation level since 1990, it has remained in the low level category and the City became more balanced between 2000 and 2010. • Hispanics represent the largest minority population group residing in Palm Desert, though at a lower percentage compared to the region. The City has two majority minority neighborhoods: census tracts 451.08 (56.8%) and 451.18 (56.4%). Almost one-half of the population in census tract 451.08 is Hispanic, and census tract 451.18 is majority Hispanic. • Special populations including female householders, people with limited English-speaking proficiency, residents with disabilities, and families with children are not segregated in particular neighborhoods. • Although substandard housing and overcrowding do not adversely impact a large number of households in Palm Desert, cost burden and severe cost are serious problems. The most significant cost burden disparity is between Black households (33.33%) and all other households. • The City is in a generally similar but slightly better situation compared to the region on housing problems. For example, a much lower percentage (9.18%) of the City’s family households with fewer than five persons experience severe housing cost burden compared to the Region’s (18.78%), and no Native American households in the City had severe housing cost burdens while 19.53% of the Region’s households did. • A comparison to cost burden and severe cost burden based on 2010-2014 data in the AFH to 2013-2017 data (Table III-43) shows that the percentage of cost burdened households dropped significantly for both renters and owners. • Two population groups have an ownership rate of more than 50%: White/Non-Hispanics at 72%, and Asian/Non-Hispanics at 61%. Only about one-third of Hispanics and Other households are home owners. • Between Fiscal Years 2007/08 and 2015/16, a total of 152 housing discrimination complaints were filed by Palm Desert residents at the Fair Housing Council of Riverside County (FHCRC). The majority (59.9%) were on the basis of disability, followed by 14.5% on the basis of race and 6.6% on the basis of familial status (other categories each represented 5.3% or less of the total). • The analysis of access to opportunity involved education, employment, transportation, poverty and environmental health, and found no significant disparities in terms of race/ethnicity or between different neighborhoods/census tracts. Affordable housing is located in seven census tracts/neighborhoods and is not concentrated geographically. Thus, the residents of affordable housing share the same access to opportunity as the occupants TN/City of Palm Desert General Plan/Housing Element Housing Element III-34 of market rate housing. The Citywide trend of access to opportunity is considered stable or even improved over time, based on the fixed service providers and growth in the City and Coachella Valley area. • In general, the City residents enjoy better access to opportunity compared to the regional level, including more proficient schools, a low poverty rate, higher proximity to jobs, higher labor force participation, better transit access and lower transportation costs, and better environmental health. • Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods. When compared with the Region, the City residents scored much higher. The City ranged from 53.59 for Whites to 62.28 for Asians. This is a much narrower range than the Region and demonstrates there are no significant differences in labor market access experienced by the different racial and ethnic populations living in Palm Desert. Based on its analysis and findings, the 2017 AFH identified five goals to further housing equity in Palm Desert: 1) preservation of affordability of housing units that could convert to market rate housing, 2) increasing the number of affordable units for families with children and people with disabilities, 3) increasing awareness among residents of housing discrimination and how to file complaints with the Fair Housing Council of Riverside County (FHCRC), 4) evaluating available housing sites in terms of how they meet the siting selection policies of affordable housing funding programs, and 5) increasing the supply of housing for households with disabilities or other special needs. These and other goals pertaining to housing equity are incorporated into the Goals, Policies, and Programs section. Affordable housing units are geographically distributed throughout the community to avoid clustering of economic, racial, and other populations. The City continues to coordinate with and refer interested and concerned parties to the FHCRC, whose responsibilities are described further below. County, State, and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Housing Choice Voucher (Section 8) Assistance The Riverside County Housing Authority administers the Housing Choice Voucher (HUD Section 8) rental assistance program to lower income renters within the City. During the 2014-2021 planning period, an average of 41 households per year that lived in Palm Desert Housing Authority properties received Section 8 housing assistance. Fair Housing Council of Riverside County The City works with the Fair Housing Council of Riverside County (FHCRC) to provide anti- discrimination services, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights, administrative hearings, home buyer workshops, lead-based paint programs, and other housing related services for City residents. TN/City of Palm Desert General Plan/Housing Element Housing Element III-35 CalHFA First Mortgage Loan Programs The California Housing Finance Agency (CalHFA) offers a variety of loan programs for low and moderate income first-time homebuyers who secure a CalHFA 30-year fixed mortgage. CalFHA Downpayment Assistance Program Moderate income households may receive a deferred loan of up to the lesser of 3.5% of the purchase price or appraised value of a home, to be applied to the down payment and/or the closing costs for the residence, with a cap of $10,000. HomeChoice Program This State program provides disabled low and moderate income households with a low-interest 30-year mortgage for a first-time homebuyer. California Low-Income Housing Tax Credit Program This competitive State program provides tax credits to private sector developers who provide affordable rental units within their projects. The units can consist of all or part of a project and must meet certain specified criteria. Units must be restricted for a period of at least 55 years. ASSESSMENT OF FAIR HOUSING AB 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015. Under state law, AFFH means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The City has completed the following: • Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to housing elements beginning January 1, 2019). • Conduct an Assessment of Fair Housing, which includes a summary of fair housing issues, an analysis of available federal, state, and local data and local knowledge to identify fair housing issues, and an assessment of the contributing factors for the fair housing issues. • Prepare the Housing Element Land Inventory and Identification of Sites through the lens of Affirmatively Furthering Fair Housing. To comply with AB 686, the City has completed the following outreach and analysis. TN/City of Palm Desert General Plan/Housing Element Housing Element III-36 Outreach As discussed in the Public Participation section of this Housing Element, the City held three community workshops during the Housing Element Update process (see Appendix A for outreach materials). The City made concerted efforts to reach all segments of the population for input into the Housing Element update. The first workshop was held with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. On January 21, 2021, a second workshop was held after inviting a mix of affordable housing developers, public agencies, interested parties and individuals via email. The City also sent formal invitations to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition, and advertised on the City’s website and in the Desert Sun newspaper. The City provided accommodation for persons requiring hearing or visual assistance for the virtual workshop, although none was requested from participants. Seventeen (17) people attended and actively contributed with opinions and suggestions. Participants expressed strong support for the City’s density increase to 40 units per acre. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years. The City concurs with developers’ concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers’ funding applications. However, the Legislature’s removal of housing set aside for affordable housing limits the City’s participation in projects during the planning period, and the City has shifted its focus in programs to work with private parties to construct the required units. The City also held two City Council study sessions on March 25 and September 9, 2021. The City Council listened to a staff-led presentation, and asked questions about various projects and sites on the City’s inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this area was considered a top priority. Assessment of Fair Housing California Government Code Section 65583 (10)(A)(ii) requires the City of Palm Desert to analyze areas of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The 2021 California Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) Opportunity Areas are rated by a composite score of resource levels in the following aspects: access to effective educational opportunities for both children and adults, low concentration of poverty, low levels of environmental pollutants, and high levels of employment and close proximity to jobs, among others. High and highest resource areas are those with high index scores for a variety of educational, environmental, and economic indicators. These indicators include access to effective educational opportunities for both children and adults, low levels of environmental pollutants, high levels of employment and close proximity to jobs, and low concentration of poverty, among others. TN/City of Palm Desert General Plan/Housing Element Housing Element III-37 According to Figure 1, TCAC Opportunity Areas, the majority of the City is considered “Highest Resource” and the area just north of Highway 111 and three blocks north of Country Club Drive are considered “High Resource.” TCAC and HCD did not designate any portion of the City of Palm Desert as a “Low Resource” area which typically have the most limited access to all resources. Areas of high segregation and poverty are those that have an overrepresentation of people of color compared to the County, and at least 30% of the population in these areas is below the federal poverty line ($26,500 annually for a family of four in 2021). There is no “High Segregation and Poverty” area in or near the City of Palm Desert (Figure 1). The City prepared an Assessment of Fair Housing (AFH) in 2017 in association with its receipt of federal Community Development Block Grant (CDBG) funds. The AFH was based on data analysis, community participation, and input from public health, social service, and housing organizations. The AFH included analysis to identify trends and patterns over time and also compare the City to the regional level (including Riverside and San Bernardino Counties). The AFH identified no racially or ethnically concentrated areas of poverty (R/ECAPs) in Palm Desert since 1990. In the region, TCAC and HCD identified R/ECAPs in the cities of Cathedral City, Desert Hot Springs, Indio and Coachella as well as the unincorporated areas of Riverside County. The 2017 AFH also found R/ECAPs in the cities of Victorville, San Bernardino, Riverside, Moreno Valley as well as the unincorporated areas of San Bernardino County. Integration and Segregation Patterns To assess patterns of segregation and integration, the City analyzed four characteristics: race and ethnicity, disability, income, and familial status. Figure 1 TN/City of Palm Desert General Plan/Housing Element Housing Element III-38 Race and Ethnicity The diversity index was used to compare the racial and ethnic diversity within the City and surrounding communities. Diversity Index scores range from 0 to 100, where higher scores indicate higher diversity among the measured groups. As shown in Figure 2, Diversity Index, there is a mosaic of diversity index scores in the City, with higher diversity in the middle and eastern portions of the City, and lower diversity in the northern and southern portions. The area immediately east of the City in the census designated place of Bermuda Dunes has a higher diversity index score than anywhere within City limits. According to the 2015–2019 American Community Survey, over half (66%) of Palm Desert residents identify as white, non- Hispanic, and 23.5% of the population are of Hispanic or Latino origin. In Bermuda Dunes, there is a slightly higher percentage (33.8%) of population that are of Hispanic or Latino origin, and a slightly lower percentage (58.5%) of white, non-Hispanic residents. In contrast, Thousand Palms, a census designated place immediately north of Palm Desert, has over half (51.3%) of its population of Hispanic or Latino origin and 46.7% white, non-Hispanic residents. While there are not any racially or ethnically concentrated areas of poverty in or near Palm Desert, there is potential for a diversity level gap to develop between the City and surrounding communities. Palm Desert sees a similar pattern of predominant population – white majority tracts – as the cities of Rancho Mirage and Indian Wells to the west and east of, respectively. The highest diversity index score in the surrounding communities is found in Bermuda Dunes (81.6), while areas with diversity index scores higher than 85 in the region are seen in the cities of Indio, Palm Springs, Desert Hot Springs, and Coachella as well as unincorporated Riverside County in the western and eastern Coachella Valley. Figure 2 TN/City of Palm Desert General Plan/Housing Element Housing Element III-39 Desert Willow Golf Resort, located on the north side of the City, has a median income greater than $125,000 (Figure 3). The resort also falls in Census Tract 449.19, which is identified to have 84.8% of white, non-Hispanic or Latino population. While HCD has not released an adjusted methodology for Racially Concentrated Areas of Affluence (RCAA) for California as of August 2021, the national criteria defined RCAA as census tracts where 1) 80% or more of the population is white, and 2) the median household income is $125,000 or greater. Therefore, the Desert Willow Golf Resort may have the potential to qualify as an RCAA. According to the 2017 AFH, the City has a low segregation level for each racial/ethnic group, compared to a moderate level of segregation for the bi-county (Riverside and San Bernardino) region. While there was an increase in the City’s segregation level since 1990, it has remained in the low level category and the City became more balanced between 2000 and 2010. The City has established Programs 1.A through 1.C to plan and implement affordable housing developments in highest and high resource areas. These programs can further promote a racially and ethnically integrated community. Disability In 2014, the percentage of the population with a disability was highest (25.2%) in the three blocks north of Country Club Drive, which comprise of Palm Desert Greens Country Club, Desert Willow Golf Resort, Desert Falls Country Club and Avondale Country Club. Areas north and south of these country clubs had the lowest percentages of population with a disability (below 9%). According to the 2015–2019 ACS, the areas with low percentages of population with a disability (under 10%) have shifted/expanded to some extent, although two blocks in the northeastern City corner have an increased percentage (20.4%) since 2014 (13.3%), which comprise of Indian Ridge Country Club, Palm Desert Resort and Country Club, and Woodhaven Country Club. These Figure 3 TN/City of Palm Desert General Plan/Housing Element Housing Element III-40 percentage and geographic distribution changes are limited, in that no tract has had higher than 30% population with a disability. The City has a no-fee application process for reasonable accommodation, and assisted more than double the disabled residents between 2014 and 2020 (from 91 to 188 residents) in Housing Authority owned properties. The City does not impose any restrictions or barriers to the organic changes/movements in the community and will continue to approve and assist housing developments for disabled residents (Program 5.B). Income The City also assessed the concentrations of households below the poverty line across the City to analyze access to adequate housing and jobs. As shown in Figures 3 and 4, there is a higher percentage of residents who fall below the poverty line ($26,500 for a family of four in 2021) in the central portions of the City, than to the south and north. Generally, the central City has seen an increase in percentage of residents below the poverty line from 2014 to 2019. Certain areas south of Highway 111 and Chaparral Country Club along the western City boundary have seen lower percentages of residents below the poverty line from 2014 to 2019. As shown in Table III-17, Vacancy Status – 2018, the City of Palm Desert has a vacancy rate of 10.7% for rental units and 6% for ownership units, which may indicate some excess supply in the rental market. Familial Status The City of Palm Desert has areas with higher percentages (40%-60%) of children in single female- headed households along the western and eastern City boundaries. Most of these areas have median income below the HCD 2020 State Median Income ($87,100), and along the western City boundary also overlap with a higher percentage (21.8%) of population below poverty level compared to other areas in the City. The City has higher concentrations (60%-80%) of households with children in the southern and eastern portions of the City, similar to the Figure 4 TN/City of Palm Desert General Plan/Housing Element Housing Element III-41 geographical extent in the City of Rancho Mirage on the west but fewer than the cities of Indian Wells and La Quinta on the east. One such area near the southeastern City boundary has median income below the 2020 State Median Income. The City has a majority of two- to three-bedroom units (75.2%) according to the 2015-2019 ACS, which should be able to serve the needs of single- parent and family households with children. Assessment and Actions Given the factors considered above, there is no evidence of segregation based on disability in the City, but there may be segregation based on income and potentially familial status (single female- headed households with children) and opportunity to improve integration within Palm Desert and also across surrounding communities. As shown in Figures 3 and 4, Palm Desert has a relatively low concentration of lower income households in the Coachella Valley. The cities of Cathedral City, Palm Springs and Desert Hot Springs to the west, the cities of Indio and Coachella as well as unincorporated areas in both western and eastern valley have areas with higher rates of households living below the poverty line. While incomes in certain areas of the City are lower, the entire City is not considered disadvantaged economically because the median income is above 80% of the statewide average ($59,977 in Palm Desert; $75,235 in California, 2015-2019 ACS). While existing affordable housing units are located throughout the City including the lower income areas, there may be potential demand for more affordable housing, especially along the Highway 111 corridor. Expanded housing options at a diversity of price-points can help encourage a more economically diverse community. However, as shown in Figure 5, Jobs Proximity Index, the City is rated with the closest proximity to employment opportunities (>80 rating), except for small portions on the southern and eastern boundary (60-80 rating). Because all lower income areas are rated “High Resource” or “Highest Resource” (Figure 1 TCAC Opportunity Areas) and with close proximity to employment opportunities (>60 rating), this suggests that access to opportunities should not be the driving factor behind the concentration of lower income households, but likely the type of jobs and housing available. The City is aware that the COVID-19 pandemic can disproportionally impact potentially disadvantaged residents, households and small businesses. The City of Palm Desert ran an Emergency Rental Assistance Program to assist market-rate rental properties impacted by the pandemic. Qualified households must meet certain requirements, including having experienced a loss of income directly related to the pandemic and earning less than 80% of the area median income. The program provides financial assistance in the form of rental arrears to rental properties for delinquent payments for April 2020 and/or beyond. Eligible rental properties include multi- family homes (2 units or more), single-family homes (attached or detached) and accessory dwelling units. The City estimates serving up to 60 qualified households with assistance up to $5,000 per rental unit, and intends the program as an economic recovery tool for rental property owners and a safety net for low- and moderate-income households. TN/City of Palm Desert General Plan/Housing Element Housing Element III-42 The City of Palm Desert in conjunction with Coachella Valley Economic Partnership and the California Governor's Office of Emergency Services offers no-cost Personal Protective Equipment (e.g. face masks, face shields and hand sanitizer) to Palm Desert businesses. This program helps alleviate overhead costs for small businesses and ensure compliance with state guidelines for the safety of all. Access to Opportunity The TCAC Opportunity Areas (2021) designated for Palm Desert were reviewed by City staff. For the Composite Score shown in Figure 1, the majority of the City is rated “Highest Resource”, and an area just north of Highway 111, along with five country clubs in the northern City are rated “High Resource”. The individual scores for the economic, education and environmental domains were reviewed to identify any disparities in access to opportunity. Most of the “High Resource” areas are rated with a lower economic domain score (0.25-0.50), which indicates relatively less positive economic outcome. It is unclear why the area north of Highway 111 scores lower in the economic domain, as it contains the Westfield Shopping Mall and College of the Desert, which hosts regular farmer’s markets and other activities. The majority of the City scores in the highest range for the education domain (>0.75), which indicates more positive education outcomes. The remaining areas score slightly lower (0.50- 0.75), which includes a primarily commercial area in the northwestern corner of Highway 111 corridor and the five country clubs that are rated “High Resource”, as well as a portion of Bighorn Golf Club and Ironwood Country Club on the southern City boundary. The entire City scores in the highest range for the environmental domain (0.75-1), which indicates more positive environmental outcomes. Figure 5 TN/City of Palm Desert General Plan/Housing Element Housing Element III-43 There is no transportation score on the HCD data portal. However, all the “High Resource” areas score in the highest range of Jobs Proximity Index (>80), which indicates closest proximity (Figure 5). The area north of Highway 111 is well served with multiple bus routes (Routes 1, 1X, 4, 5, 6) provided by SunLine Transit Agency. The five country clubs north of Country Club Drive have access to transit service, with bus stops in the area served by SunLine Routes 4 & 5. SunLine also provides the SunDial paratransit service, which is available within ¾ of a mile on either side of a bus route for people who are functionally unable to use the fixed-route service either permanently or under certain conditions. The SunDial service covers the majority of the five country clubs and serves people with limited mobility. In summary, the City scores in mid-range and above for all individual and composite scores, except for the idiosyncrasy in economic domain score. There is no significant or obvious pattern of disparity in access to opportunity for City residents, including people with protected characteristics. This finding is consistent with the City’s 2017 AFH, which contains an analysis of access to opportunity involving education, employment, transportation, poverty and environmental health, and found no significant disparities in terms of race/ethnicity or between different neighborhoods/census tracts. The 2017 AFH also determined that Palm Desert residents generally enjoy better access to opportunity compared to the regional level, including more proficient schools, a low poverty rate, higher proximity to jobs, higher labor force participation, better transit access and lower transportation costs, and better environmental health. Currently, affordable housing in Palm Desert is located in seven of the 18 census tracts that occur in the City. While there may be small clusters of affordable housing developments, it is important to note that the City is comprised of many country clubs with defined boundaries, which leave limited options for new housing developments. The City and its Housing Authority have managed to disperse affordable units throughout the City so that overall, they are not concentrated geographically. The residents of affordable housing units share the same access to opportunity as the occupants of market rate housing units. Affordable housing projects include Housing Authority owned family and senior apartments, Housing Authority owned or assisted ownership projects, privately developed and assisted ownership projects, and privately developed rental properties. There are a variety of affordable housing units in the central Highway 111 corridor south of Fred Waring Drive, including family apartments for very low to moderate income tenants such as Neighbors Garden Apartments (24 two-bedroom units), Laguna Palms (48 studio, one-bedroom, and two-bedroom units), Palm Village Apartments (36 two-bedroom units), Santa Rosa Apartments (20 two-bedroom units), Taos Palms (16 two-bedroom units), Carel Trust (1 two- bedroom apartment), and Candlewood Apartments (30 one- and two-bedroom units). There are also senior apartments for very low to moderate income tenants, including The Pueblos (15 one- bedroom units), Catalina Gardens (72 studio and one-bedroom units), River Run One (2 studio apartments), Legend Gardens (assisted living facility with 10 one-bedroom units), and Atria Palm Desert (assisted living facility with 5 one-bedroom units). Residents enjoy walking access to the various retail, restaurants, grocery and personal services in the Highway 111 corridor and El Paseo commercial district. Within a half-mile distance, Abraham Lincoln Elementary School and Palm Desert Charter Middle School are located to the northeast, George Washington Charter School to the southeast, and Mirus Secondary School to the west. College of the Desert, the Palm Desert Branch Library, Civic Center Park and Palm Desert Aquatic Center are also located conveniently to the northwest within walking distance. TN/City of Palm Desert General Plan/Housing Element Housing Element III-44 Additional affordable family apartments for very low to moderate income ranges are located west of the College of the Desert near the Highway 111 corridor, including One Quail Place (384 one- and two-bedroom units) and Desert Pointe (64 studio, one-bedroom, and two-bedroom units). The Portola Palms Mobile Home Park is located nearby, in between City parks and public schools, and includes 23 mobile homes for very low and low income ranges. In the central part of City, there are several affordable family housing projects for very low to moderate income households: Hovley Gardens Apartments (162 two- to four-bedroom rental units), Falcon Crest (93 three and four-bedroom single-family homes), and La Rocca Villas (27 one-bedroom apartments). There are also 11 self-help homes restricted to lower income households. This area includes James Earl Carter Elementary School, the City of Palm Desert Hovley Soccer Park, medical offices, restaurants, and a range of service commercial stores. The Palm Desert High School is located within a mile to the south. SunLine Bus Route 5 serves the area with stops nearby on Cook Street. To the east of Palm Desert High School is Desert Rose, a single-family project with 161 three and four-bedroom units restricted to purchasers in the very low, low, and moderate-income categories. Facilities within the project include community recreation and daycare. Desert Rose residents have relatively close access to amenities and services in the Highway 111 corridor to the south. On the east side of the City, California Villas, located in the Palm Desert Country Club community, provides 141 one-bedroom units to very low to moderate income households. In the same neighborhood there is Villas on the Green, which consists of 76 studio, one, and two-bedroom units for persons over 55 years of age. Another senior housing project, Carlos Ortega Villas (72 one- and two-bedroom units) is located further east immediately south of a neighborhood commercial plaza. Both of these senior apartments are available for the very low to moderate income categories. Joe Mann Park is located just west of Carlos Ortega Villas, and Gerald R. Ford Elementary School is within walking distance to the south of California Villas. SunLine Bus Routes 6 & 7 serve the area with stops on Fred Waring Drive and Washington Street. Several other affordable housing projects are scattered on the north side of the City, including a senior apartment, Las Serenas Apartments (150 one- and two-bedroom units), and two family properties, The Vineyards (52 one and two-bedroom reserved units) and The Enclave (64 one, two, and three bedroom units). All three projects are available to very low, low and moderate income categories. Depending on location, these projects may not have access to bus service in the immediate area, but are within a one-mile radius of neighborhood-serving commercial developments including grocery shopping and restaurants. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. There are 67 restricted ownership units built or rehabilitated by private parties that are at risk of converting to market rate housing. These include individually owned single-family homes and mobile homes throughout the City. The City is committed to extending covenants as described in Program 3.C. In addition to planned and pending affordable housing projects described in the Land Inventory (Tables III-47 & III-48) of this Housing Element, the City will establish a pilot program to encourage development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as described in Program 1.G, in an effort to expand housing choices in the highest resource areas. TN/City of Palm Desert General Plan/Housing Element Housing Element III-45 Disproportionate Housing Need and Displacement Risk As discussed under Existing Housing Stock (Table III-18), overcrowding is not a significant issue in the City of Palm Desert. As of the 2014-2018 ACS, only 4.0% of households in the City are considered overcrowded, with a higher percentage of renter households (8.0%, or 741 households) experiencing overcrowding. Among owners, 1.5 percent of households (218 households) experience overcrowding. A comparison to cost burden and severe cost burden based on 2010-2014 data in the AFH to 2013- 2017 data (Table III-43) shows that the percentage of cost burdened households dropped significantly for both renters and owners. However, nearly half (48.2%) of renters experience overpayment. The median rent ($1,260, Table III-44) in Palm Desert would result in a 4-person households with very low income ($37,650, Table III-42) to overpay. As the 2013-2017 CHAS shows in Table III- 43, 72.7% of all lower- income households in Palm Desert pay at least 30% of their income toward housing costs; among them, 67.8% of lower-income owner households are overpaying and 77.0% lower-income renter households are overpaying. However, as shown in Figure 6, overpayment by renters in 2019 was not a unique situation in Palm Desert, rather it is a chronic issue to be addressed both locally and regionally. Regionally, overpayment among renters tends to be higher in the western and eastern Coachella Valley, including the cities of Desert Hot Springs and Coachella and unincorporated areas of Riverside County. The City is in a generally similar but slightly better situation compared to the region. For example, a much lower percentage (9.18%) of the City’s family households with fewer than five persons experience severe housing cost burden compared to the Region’s (18.78%), and no Native American households in the City had severe housing cost Figure 6 TN/City of Palm Desert General Plan/Housing Element Housing Element III-46 burdens while 19.53% of the Region’s households did. The City of Palm Desert sees a similar extent of renter overpayment to the cities of Rancho Mirage, Cathedral City, Palm Springs and Indio, but more overpayment than the cities of Indian Wells and La Quinta. In the Coachella Valley, overpayment among owners is less prevalent compared to renters. Most of the valley saw fewer than 60% of owners experience overpayment in 2019, including the entire City of Palm Desert. Certain portions of the City have fewer than 40% of owners overpaying for housing. Overpayment increases the risk of displacement for residents who can no longer afford their housing costs. The City has included all the programs under Goals 1 & 2 to carry out planned affordable housing projects and preserve and maintain existing affordable units. The City also aims to ensure adequate Section 8 housing assistance through outreach to the County Housing Authority. In addition to overpayment, over half (63.6%) of the housing stock in Palm Desert is older than 30 years, with approximately 11.4% over 50 years old. Older houses often require some type of repair or rehabilitation, and the cost of such repairs can be prohibitive, which makes the owner or renter live in unhealthy, substandard housing conditions or get displaced if the house is designated as uninhabitable and the owner does not complete repairs. However, older homes, particularly those built during the mid-century period in the City are sought after, and are more likely to be conserved. The City refers lower income households to SCE’s HVAC replacement program, averaging about 7 referrals annually when replacement of HCAC units is required. The City also runs a Home Improvement Program (HIP) to assist lower-income households with home repairs depending on funding availability. While only the Emergency Grant Component is currently funded, the City will consider CDBG funds to allow more participants in the HIP, especially for Figure 7 TN/City of Palm Desert General Plan/Housing Element Housing Element III-47 the units identified as lacking adequate kitchen and plumbing facilities (Program 2.A). The City will continue to provide program materials in languages other than English, as needed (see Program 11.A). Homelessness According to the 2019 Homeless Point-In-Time (PIT) Count for Riverside County, there were 23 unsheltered homeless individuals in Palm Desert (see Table III-31). The City participates in CVAG’s Homelessness Initiative and the previous Homelessness Strategic Plan, and contributes over $100,000 annually to the Coachella Valley Association of Governments (CVAG) for regional homelessness services. The City permits homeless shelters in the Service Industrial (SI) zone and transitional and supportive housing in all residential zones. Program 5.D commits the City to bring its Zoning Ordinance in compliance with AB 101 for Low Barrier Navigation Center requirements on homeless shelters, and AB 139 for parking requirements at homeless shelters. Mortgage Loan Indicators Data related to home loan applications is made available annually through the Consumer Financial Protection Bureau, through the Home Mortgage Disclosure Act (HMDA). The data is organized by census tracts rather than local jurisdictions, and thus the following analysis is based on census tracts located entirely within the City of Palm Desert (451.14, 451.15, 451.16, 451.19, 449.29, 449.30, 449.19, 449.22, 449.27, 445.20, 514). Among first mortgage loan applications originated in Palm Desert in 2020, 76.4% were made to white applicants. For 16.3% of loans issued, race data was not available. Among first mortgage loan applications originated in Palm Desert in 2020, Asian (101, 3.2%), Black or African American (50, 1.6%), American Indian or Alaska Native (11, 0.3%) and Native Hawaiian or Other Pacific Islander (3, 0.1%) homebuyers received a small percentage of total mortgage loans. These percentages are lower than the corresponding race distribution of Palm Desert for white, Asian, and Black or African American groups. Considering the 16.3% of loans with unavailable data on race and geographical area covered in the analysis, the pattern is consistent with the City-wide race distribution. HMDA data combines data on Hispanic or Latino identity within other race categories; approximately 5.6% (180) of 3,199 loan applications that were originated went to borrowers identifying as Hispanic or Latino. The majority (447, 74.4%) of the 601 first mortgage loan applications that were denied were denied to white applicants (including 32 borrowers that also identified as Hispanic or Latino). Twenty (3.3%) applications were denied to Asian borrowers, nine (1.5%) were denied to borrowers identified as Black or African American, and two (0.3%) were denied to borrowers identified as American Indian or Alaska Native. The racial distribution in denied applications are proportional to that in originated loan applications and is considered consistent with the City-wide race distribution. In 2019, the origination rate to white applicants was marginally higher than in 2020, with 77.9% of the 1,783 first mortgage loans originated for home purchases going to white residents. Black (1.1 percent, or 19 loans) and Asian (3.4%, or 60 loans) residents had about the same share of loans originated in 2019 as compared to 2020. The origination rates for American Indian or Alaska Native (0.3%, or 5 loans) and Native Hawaiian or Other Pacific Islander (0.1%, or 2 loans) groups in 2019 were the same as in 2020. Race data was not available for 15.1% of first mortgage loans originated. Of the 402 first mortgage loans that were denied in 2019, 72.6% were denied to white applicants (292 loans, including 24 borrowers that also identified as Hispanic or Latino). Eight applications were denied to Asian borrowers, four each were denied to borrowers identified as TN/City of Palm Desert General Plan/Housing Element Housing Element III-48 Black or African American and Native Hawaiian or Other Pacific Islander, and two were denied to American Indian or Alaska Native borrowers. Approximately 6.1% of loans originated and 8.5% of loans denied were for applicants who identify as Hispanic or Latino, though these loans are also counted within other race categories. As described in Programs 4.A and 11.A, the City will strive to ensure equal access to lending programs for people in all segments of the population and prevent any discriminatory practices based on race, color, national origin, religion, sex, age, or disability. Enforcement and Outreach Capacity The City complies with fair housing laws and regulation and enforces fair housing through periodical review of City policies and code for compliance with State law and investigation of fair housing complaints. In 2017, the City prepared an Assessment of Fair Housing (AFH) in association with its receipt of federal Community Development Block Grant (CDBG) funds. The City is set to meet housing element deadlines through efforts from both staff and consultants, and also update zoning laws and policies to ensure compliance with fair housing law upon adoption of the Housing Element update. The City has included an action in Program 9.A to update its Zoning Ordinance for density bonus requirements set forth in AB 2345. Program 8.A requires the City to maintain the Housing Overlay District and ADU standards in the Zoning Ordinance, and Program 1.G will create a pilot program to encourage accessory dwelling units dedicated as affordable units. Within a year of the Housing Element adoption, the City will ensure that the Zoning Code and land use policies comply with state laws and policies to allow a variety of housing types to serve all needs, encourage patterns of integration, and provide accommodations for protected classes. In addition to zoning and development standards, fair housing issues can also arise from rental, lending and purchase of housing including discriminatory behaviors by landlords, lenders, and real estate agents. Typical issues include refusal to grant reasonable accommodation requests or allow service animals, selective showing of property listings based on familial status, sex, religion, or other protected class, and more. The City complies with fair housing law on investigating such complaints by referring interested and concerned parties to Fair Housing Council of Riverside County (FHCRC). FHCRC is a non-profit organization approved by HUD that fights to protect the housing rights of all individuals and works with government offices to ensure fair housing laws are upheld. FHCRC services include anti-discrimination outreach and investigation, mediation of landlord-tenant disputes, credit counseling and pre-purchase consulting, first-time homebuyer workshops, and foreclosure prevention/loan modification services. Between Fiscal Years 2007/08 and 2015/16, a total of 152 housing discrimination complaints were filed by Palm Desert residents at the Fair Housing Council of Riverside County (FHCRC). The majority (59.9%) were on the basis of disability, followed by 14.5% on the basis of race and 6.6% on the basis of familial status (other categories each represented 5.3% or less of the total). FHCRC provided counseling related to lending discrimination for the City’s 2017 AFH. The AFH found that the census tracts with the highest loan denial rates (449.19 and 451.24) had low percentages of minority populations (10.7%). FHCRC’s comprehensive audit on rental, sales and lending in 2013 did not have specific findings to Palm Desert, but did indicate that discrimination occurred on the basis of race and national origin during the loan application process and sale and rental housing in Riverside County. TN/City of Palm Desert General Plan/Housing Element Housing Element III-49 HUD’s Region IX Office of Fair Housing and Equal Opportunity (FHEO) provided case records for Palm Desert in July 2021. Fifteen fair housing cases were filed with their office during the previous planning period, with seven based on disability, four based on familiar status, three on retaliation, two on religion and one each based on race/sex/national origin. Note that three of the cases were filed on multiple bases. Six of these cases were closed due to no cause determination, and one case remains open. Seven cases were closed with successful conciliation/settlement for issues such as refusal to rent, discriminatory advertising/acts/terms and conditions, or failure to make reasonable accommodation. All but two of these cases were handled through the Fair Housing Assistance Program (FHAP), in which HUD funds state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act. The California Department of Fair Employment and Housing (DFEH) is the only certified agency for FHAP in California. Because state law has more protected classes than federal law, DFEH may have additional case records. A request was made in July to DFEH, but they were not able to provide data as of September 27, 2021. FHCRC and DFEH did not provide additional location details for cases either because they do not track the geographic origin of complaints or due to confidentiality concerns. The City continues to work with agencies and local organizations to affirmatively further fair housing through information dissemination, outreach and referral (Programs 4.A and 11.A). Sites Inventory The City examined the opportunity area map prepared by HCD and TCAC (Figure 1). The opportunity area map designates the majority of the City as “Highest Resource”, and the remaining as “High Resource”, which indicate areas whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families— particularly long-term outcomes for children. The City extends into the Santa Rosa Mountains in the south, and much of the area near the southern City boundary is designated as Open Space on the General Plan and not available for development. The City is primarily built out, and future housing development will occur as mainly infill projects and on the north side of the City which has larger vacant parcels. Using the statewide opportunity area map, local knowledge, and indicators of segregation, displacement risk, and access to opportunity as overlays to the City’s vacant land inventory, the City was able to identify sufficient sites for affordable units in Palm Desert’s sixth cycle inventory (See Land Inventory section of this Housing Element and Table III-47) in areas identified by TCAC/HUD as either “Highest Resource” or “High Resource” with the highest Jobs Proximity Index scores. As noted, there is no area of identified segregation in or near Palm Desert, and sites in the inventory are located in areas ranging from lowest to highest diversity ratings (Figure 2). However, some of the sites along the Highway 111 corridor are in areas with lower median incomes (<$55,000) and a slightly higher percentage of population below poverty level (<30%) and overpayment for housing. As shown in the inventory map associated with Table III-47, the sites identified for the inventory are located in different parts of the City in various zoning districts and dispersed to the extent possible with available lands, which will encourage a mix of household types across the City. Most of the sites identified for this Housing Element, primarily those located along the Highway 111 TN/City of Palm Desert General Plan/Housing Element Housing Element III-50 corridor, will result in small-lot development and housing affordable to lower-income households. Above moderate income units are expected to be market-driven, single-family homes traditionally built in the City (see Table III-48). The above moderate income projects are located throughout the City, many of which are near affordable housing sites or part of the same project as affordable units (see map next to Table III-48). The vacant sites that are zoned suitably for multiple income categories are typically found on the central and north sides of the City, where larger vacant parcels are available for mixed-income projects which combat potential segregation and concentration of poverty by providing a variety of housing types to meet the needs of residents in these areas. Many sites identified for affordable housing are located along the Highway 111 corridor, which offers a variety of resources and amenities. Multiple bus routes serve the area, which provide local and regional connectivity in the City, Coachella Valley and Riverside County. The Highway 111 corridor area features walkable streets and neighborhoods, and provides walking access to retail, restaurants, grocery and personal services. Several elementary and middle schools are located nearby, as well as a community college and public facilities such as library and aquatic center. These future housing sites affirmatively further fair housing through their close proximity to jobs, neighborhood retail and services, education and transit, all of which can reduce the overall cost of living for lower-income households. The stores, restaurants and offices in both the Highway 111 and El Paseo commercial districts provide varied job opportunities. The City analyzed environmental constraints, including wildfire zones, 100-year flood zone, and 500-year flood zone, and confirmed that none of the sites identified are within or near any identified hazard zones. The sites identified in the vacant land inventory are not at risk of any environmental hazards. Evidence provided by the HUD tables and maps reveal there are no disparities in access to environmentally healthy neighborhoods. When compared with the Region, the City residents scored much higher. The City ranged from 53.59 for Whites to 62.28 for Asians. This is a much narrower range than the Region and demonstrates there are no significant differences in labor market access experienced by the different racial and ethnic populations living in Palm Desert. Contributing Factors Discussions with community organizations, government agencies, affordable housing developers, and the assessment of fair housing issues identified several factors that contribute to fair housing issues in Palm Desert, including: • Lack of affordable, accessible units in a range of sizes: Families with children and disabled people have a high need for affordable housing. • Lack of access to opportunity due to high housing costs including rising rents: Severe cost burdens greatly reduce the income available to meet other family needs including food, childcare, and medical expenses. This contributing factor also impacts households with one or more disabled member. TN/City of Palm Desert General Plan/Housing Element Housing Element III-51 • Housing production out of balance with housing demand: New housing is needed to meet the housing needs of all income groups and fair housing protected classes. • Housing discrimination during the lending process Based on this assessment, most of these contributing factors can be attributed to a common issue of limited options and supply. The City identified three goals to further housing equity in Palm Desert: 1) preservation of affordability of housing units that could convert to market rate housing, 2) increasing the number of affordable units for families with children and people with disabilities or other special needs, 3) increasing awareness among residents of housing discrimination and how to file complaints with local, state and federal agencies. These goals target all contributing factors to fair housing issues identified above, and are incorporated into the Goals, Policies, and Programs section. Programs 4.A and 11.A focuses on information dissemination to all segments of the City population for affirmatively furthering fair housing and combating discrimination. Additionally, the City has incorporated meaningful actions that address disparities in housing needs and in access to opportunity for all groups protected by state and federal law, through preservation and new development of affordable housing and encouraging a variety of housing products including accessory dwelling units. (See Programs 1.A-G, 2.A, 2.B, 3.B-D) AFFORDABLE HOUSING DEVELOPMENTS The Palm Desert Housing Authority owns and operates approximately 1,114 rental housing units, and private developers own and operate approximately 319 rental units. An additional 227 units are anticipated. Additionally, the Housing Authority has assisted first-time lower income homebuyers in purchasing 301 ownership properties. Each development is described below. Palm Desert Housing Authority Owned and Assisted Rental Properties The Housing Authority owns eight (8) multi-family apartment complexes and seven (7) senior apartment complexes that provide affordable housing for lower income residents. Each of these complexes is described below. Combined, there are a total of approximately 1,114 affordable rental units that are Housing Authority owned and assisted. The number and mix of units and households fluctuates based on occupancy and turnover. The following breakdown is based on occupied units in January, 2021. Family Apartments: • One Quail Place provides 384 units, including 156 one-bedroom and 228 two-bedroom apartments, available to lower income ranges. There are 220 very low, 113 low, and 39 moderate income households currently living in the complex. • Desert Pointe is a 64-unit complex with 34 studio, 24 one-bedroom, and 6 two-bedroom units which currently house 38 very low-income households, 15 low-income households, and 8 moderate income household. TN/City of Palm Desert General Plan/Housing Element Housing Element III-52 • Neighbors Garden Apartments has a total of 24 two-bedroom units, 15 of which are rented by very low-income households, 6 of which are low-income tenants, and 2 are rented to moderate income tenants. • Taos Palms provides 16 two-bedroom units to 10 very low, 4 low income households and 2 moderate income tenants. • California Villas is a 141-unit project which provides one-bedroom units to 90 very low, 35 low and 10 moderate income households. • Laguna Palms provides 48 units which include 4 studios, 18 one-bedroom, and 26 two- bedroom units to 30 very low income, 10 low income, and 6 moderate income tenants. • Palm Village Apartments provides 36 two-bedroom apartments. The property includes 20 very low income, 13 low income, and 2 moderate income tenants. • Santa Rosa Apartments provides 20 two-bedroom units to 13 very low income, 6 low income, and 1 moderate income tenants. Senior Apartments: • The Pueblos includes 15 one-bedroom units for 12 very low and 3 low income senior households. • Catalina Gardens provides 72 units, including 48 studio units and 24 one-bedroom apartments to 66 very low, 4 low, and 2 moderate income senior households. • Las Serenas Apartments has 150 units, including 100 one-bedroom and 50 two-bedroom units rented to 118 very low-income, 23 low-income, and 8 moderate-income seniors. • Candlewood Apartments provides a total of 30 units, including 26 one-bedroom units and 4 two-bedroom units to 22 very low, 5 low income and 3 moderate income senior households. • La Rocca Villas includes 27 one-bedroom apartments and houses 21 very low income, 4 low income and 2 moderate income residents. • Carlos Ortega Villas provides a total of 72 units, including 64 one-bedroom and 8 two- bedroom units, for 47 very low income, 22 low income, and 2 moderate income residents. Palm Desert Housing Authority and City Assisted Ownership Projects The Palm Desert Housing Authority and City provide financial assistance to eligible first-time homebuyers with down payment monies needed to secure financing toward the purchase of a new home in the Authority’s housing developments. • Desert Rose, a 161-unit single-family project, was developed in 1994. The three and four- bedroom units are restricted for a period of up to 45 years to purchasers in the very low, low, and moderate-income categories. Facilities within the project include community recreation and daycare. TN/City of Palm Desert General Plan/Housing Element Housing Element III-53 • Falcon Crest provides 93 three and four-bedroom single-family homes for 13 low and 80 moderate income households. The project was completed in 2007 and 2008 and includes resale restrictions for a 45-year time period. Privately Developed and Assisted Ownership Projects The City and Palm Desert Housing Authority have provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. • The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three (3) single-family homes were rehabilitated and resold with resale restrictions for low and moderate income households. • Coachella Valley Housing Coalition (CVHC) constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat-equity programs. • Habitat for Humanity constructed 11 single-family homes, which are restricted to very low-income households that were purchased through low interest loans and sweat-equity programs. • Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30-year resale restrictions. • Portola Palms Mobile Home Park includes 23 mobile homes, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. • The Neighborhood Stabilization Program (NSP) was used to assist homeowners in the purchase of two (2) single-family properties. Privately Developed Rental Properties The City has provided various incentives to developers that dedicate units as affordable and carry affordability restrictions. Family Properties: • Hovley Gardens Apartments is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four-bedroom rental units available to very low and low income households. • The Vineyards, which consists of a total of 260 units, includes 52 one and two-bedroom units reserved for very low, low and moderate income households. The units were created through the City’s density bonus program and the Agency has an option to purchase affordability of an additional 52 units in the future. TN/City of Palm Desert General Plan/Housing Element Housing Element III-54 • The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City’s density bonus program. • The Carel family has 1 two-bedroom apartment available to lower income residents. • L&T Development Company on Catalina Way includes 4 one-bedroom units for residents with low incomes. Senior Properties: • Atria Palm Desert, an assisted living facility, includes 5 one-bedroom apartments for residents with very low incomes. • Bernard on Catalina Way includes 4 studio apartments restricted to low and moderate income residents. • Legend Gardens is an assisted living facility that includes 10 one-bedroom apartments for residents with very low and low income levels. • River Run One includes 2 studio apartments for residents with very low and low incomes. • Villas on the Green, which consists of a total of 76 units, includes 15 studio, one, and two- bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City’s density bonus program. Affordable Housing Units Built During the 2014-2021 Planning Period • Carlos Ortega Villas, a Palm Desert Housing Authority rental property described above, was built in 2015. It includes 72 affordable senior units and incorporates a variety of energy efficient design concepts, including passive heating and cooling, solar panels to generate electricity, solar thermal panels for heating water, and water-efficient landscaping and plumbing fixtures, with the long-term goal of having net zero energy usage. • The City secured an agreement with the Legend Gardens assisted living facility for 10 one- bedroom apartments for residents with very low and low income levels. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. TN/City of Palm Desert General Plan/Housing Element Housing Element III-55 Governmental Constraints Permit Processing Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. The City requires tract map review and approval for all single-family home tracts and a precise plan for multi-family projects, both of which can be processed concurrently with any other permit that might be required. For either, the review process is a simple analysis that assures that the project’s design meets the requirements of the zone in which it occurs. Applications, when complete, are circulated to other City departments for comments. The project is then reviewed by the Architectural Review Commission (ARC) and approved by the Planning Commission. The ARC provides technical review of the proposal, including the provision of parking, trash enclosures and similar standards, and reviews the landscaping plans for water efficiency. The ARC meetings are public, but are not noticed hearings. ARC review is scheduled within two to three weeks of an application being found complete, and usually precedes Planning Commission hearing by three to four weeks. The ARC provides recommendations to the Planning Commission, which takes action on Precise Plan applications. Public notice and mailings are made 10 days prior to a Planning Commission hearing. The findings needed for approval of either a tract map or precise plan pertain to the project’s consistency with State law; the General Plan and Zoning Ordinance; public health and safety; and the site’s physical ability to accommodate the project. The findings focus on General Plan and Zoning consistency, are not subjective and do not pose a constraint to development. The average processing time for a typical application is 4 to 6 months, including the recently approved Montage single family homes, which received approval in 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. The City also has a building permit streamlining process, for a fee, and allows “at risk” building permit applications, which can be submitted immediately following ARC review, and prior to Planning Commission approval. The City has not received any requests for streamlined processing under SB 35, and to date has relied on the requirements of law should an SB 35 project be proposed. In order to encourage development of affordable housing under SB 35, Program 1.H has been added to require the establishment of an SB 35 streamlining process within the first year of the planning period. Individual single-family homes do not require a public hearing and are approved by the Planning Department as part of the usual building plan checking process. Building permits are processed, generally in one to four months. Development of residential projects under the City’s recent General Plan update have been consistent with the densities allowed under the Land Use Map. The City’s processes are not a constraint to the provision of affordable housing. TN/City of Palm Desert General Plan/Housing Element Housing Element III-56 Application Fees The City posts current fees and exactions that are applicable to proposed housing development projects on the City’s website, consistent with Government Code §65940.1(a)(1)(A). Table III-21, below, illustrates typical permit fees for a hypothetical single-family subdivision and an apartment project. Each fee is described in detail in subsequent sections of the Housing Element. The table is not meant to be exhaustive, but provides a general representation of typical development fees. Total fees for a 32-unit subdivision are estimated at approximately $19,041 131 per unit, 63% of which ($11,908) are impact fees which are not controlled by the City. Total fees for a 32-unit apartment complex are estimated at $7,498 589 per unit, 73% of which ($5,487) are non-City fees. For an affordable housing apartment project with an average per unit cost of $208,200 per unit, the City’s fees represent 3.6% of the cost of that unit, and are not a constraint to development. Furthermore, the City has the ability to waive fees for affordable housing projects, with the exception of fees not imposed by the City such as MSHCP fees, which further reduce the cost. The City’s development fees are not an impediment to the provision of housing. Table III-21 Typical Permit Fees for Housing Developments in Palm Desert Fee Type Typical Fees 32 Unit Subdivision1 32 Unit Apartment Project2 City Fees: Planning Department: Tentative Tract Map $3,308 n/a Tentative Parcel Map n/a $1,203 Environmental Assessment $276 $276 Precise Plan $2,894 $2,894 Public Works Department3: Grading Plan Check $3,023 $853 Subdivision Precise Grading Plan Check $3,500 n/a SWPPP/NPDES Plan Check $176 $176 PM10 Plan Check $78 $78 Signing and Striping Plan Check $1,110 $1,110 Traffic Signal Plan Check $1,480 $1,480 Signalization Impact Fee $1,600 $1,600 Drainage Impact Fee (location dependent) $1,500 $1,500 WQMP Fee (deposit) $3,700 $3,700 Building and Safety Department: Plan Check $46,080 $8,512 Inspection $72,960 $9,120 Permit Issuance $105 $105 New Construction Fee $25,600 $12,160 Fire Facilities Fee (location dependent) $22,688 $5,824 Art in Public Places Fee $41,080 $16,656 Subtotal, City Fees: $228,264 $64,353 Non-City Fees: Strong Motion Implementation Program (SMIP) Fee $2,136 $866 Multi-Species Habitat Conserv. Plan (MSHCP) Fee $43,872 $8,128 TN/City of Palm Desert General Plan/Housing Element Housing Element III-57 Table III-21 Typical Permit Fees for Housing Developments in Palm Desert Fee Type Typical Fees 32 Unit Subdivision1 32 Unit Apartment Project2 Transportation Uniform Mitigation Fee (TUMF) $73,920 $42,560 Desert Sands Unified School District (DSUSD) Fee $261,120 $124,032 Subtotal, Non-City Fees: $381,048 $175,586 Total Cost: $609,312612,206 $239,939242,833 Total Cost Per Unit: $19,041131 $7,498589 1 Assumes a 10-acre subdivision (4 du/ac + 2 addl. acres), 32 single-family dwelling units. Each unit is 2,000 square feet and valued at $513,498 (average value from Table III-14). 2 Assumes a 2-acre parcel with 32-unit multi-family apartment complex. Each unit is 950 square feet and valued at $208,200 (average value from Table III-14). 3 Does not include Half Street and Full Street Improvement Plan Check or Storm Drain Plan Check which are based on project-specific linear feet. Table III-22, below, identifies the City’s current (2021) Community Development/Planning fees for processing applications and permits. They have not increased since 2012 and are not considered a constraint to the development of affordable housing in the City. Table III-22 Community Development/Planning Fee Schedule, 2021 Permit Type Fee General Plan Amendment/Change of Zone $2,007 Architectural Review (single family) $226 Conditional Use Permit or Precise Plan $2,894 Environmental Assessment $276 Tentative Tract Map $3,308 Tentative Parcel Map $1,203 Source: “Community Development/Planning Fee Schedule,” Resolution 2012-37, City of Palm Desert, June 14, 2012. General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development: • Rural Neighborhood allows 0.05 to 1 units per acre • Golf Course & Resort Neighborhood allows up to 8 units per acre • Conventional Suburban Neighborhood allows 3 to 8 units per acre • Small Town Neighborhood allows 3 to 10 units per acre • Town Center Neighborhood allows 7 to 40 units per acre The General Plan also allows residential uses in Commercial designations: • Resort & Entertainment District allows up to 10 units per acre TN/City of Palm Desert General Plan/Housing Element Housing Element III-58 • Regional Retail District allows 10 to 15 units per acre • Suburban Retail Center allows 10 to 15 units per acre • Neighborhood Center allows 10 to 15 units per acre • City Center/Downtown allows 12 to 40 units per acre The City’s Zoning designations parallel the General Plan and include: • Hillside Planned Residential District (HPR) (maximum 0.2 du/ac) • Estate Residential District (R-E) (0.5 to 1 du/ac) • Single-Family/Mobile Home District (R-1-M) (4 to 7 du/ac) • Single-Family District (R-1) (2 to 8 du/ac) • Mixed Residential District (R-2) (3 to 10 du/ac) • Multifamily Residential District (R-3) (7 to 40 du/ac) • Planned Residential District (PR) (4 to 40 du/ac) Density Bonus The Zoning Ordinance also includes density bonus provisions, incentives and concessions, housing overlays, and flexible development standards where applicable. Section 25.34.040 establishes eligibility criteria and general provisions for density bonuses. The number of additional dwelling units entitled depends on the number of very low, low, and moderate income units and senior units provided in the development, with a maximum increase of 35%. Additional concessions, such as reductions in development standards, may be approved, and special provisions are available for development of a childcare facility or donation of land to the City. Effective January 1, 2021, AB 2345 amends the state’s Bonus Density Law to increase the maximum density bonus from 35% to 50% for projects that provide at least: 1) 15% of total units for very low income households, 2) 24% of total units for low income households, or 3) 44% of total for-sale units for moderate income households. AB 2345 also decreases the threshold of set- aside low income units required to qualify for concessions or incentives, and decreases the number of parking spaces required for 2 and 3-bedroom units. Density bonus projects within ½ mile of a major transit stop may also qualify for reduced parking requirements. Program 9.A directs the City to amend the Zoning Ordinance to assure compliance with AB 2345. Housing Overlays The Senior Housing Overlay (SO) allows flexibility in density and development standards to reflect the unique requirements of persons over the age of 55. The SO allows for reductions in parking standards, and calculates units based on population per acre, rather than units per acre, to allow greater flexibility in the development process. In 2020, the City replaced the former Medium/High Density Housing Overlay District with the Housing Overlay District (HOD) to incentivize the development of new housing units at affordable rents. The HOD provides optional, flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a minimum of 20% of all units at income-restricted rents, or at least one unit for smaller residential projects. It also eliminates the public hearing requirements and waives City plan check/inspection fees and potentially other fees. The HDO was applied to all Housing Authority parcels and privately owned parcels listed in Table III-47, Vacant Land Inventory. TN/City of Palm Desert General Plan/Housing Element Housing Element III-59 Residential Development Standards The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-23, below. Table III-23 Residential Zoning District Development Standards Standard Zoning District* R-E3 R-13 R-2 R-3 R-1-M1 HPR 4 PR5 ≥1ac ≥15,000s f ≥10,000s f but ≤15,000s f <10,000s f Units/Acre 1-2 2-3 3-4 5-8 3-10 7-40 7 1/5 ac 4-40 Lot Size, minimum 40,000 sf 15,000 sf 10,000 sf 8,000 sf 3,500 sf 3,000 sf 20 ac/ 5,000 sf --- --- Lot Size, maximum 1 ac No max 14,999 sf 9,999 sf No max No max No max --- --- Lot Width, minimum 150’ 90’ 90’ 70’ 50’ 40’ 500’ --- --- Lot Depth, minimum 200’ 125’ 100’ --- --- --- --- --- --- Lot Coverage, maximum 30% 35%2 35%2 35%2 60% 75% --- 10% 50% Setback Front/Side / Rear 30/10/5 0 25/15/20 20/8/20 20/5/15 12/5/1 5 10/8/1 0 20/10/1 0 -/-/- -/-/-8 Parking 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit9 2/unit 9 2/unit 9 Building Height, max 15’ (18’ ARC)7 15’ (18’ ARC)7 15’ (18’ ARC)7 15’ (18’ ARC) 30’ 40’ 18’ --- 40’ Group usable open space/du, minimum --- --- --- --- --- 300 sf --- --- --- * Residential development is allowed in all Commercial zones 1-7 Notes are provided in Zoning Ordinance Table 25.10-3. 8. Established in Precise Plan. 9. Except in HOD, where Studios and One Bedrooms are 1.5/unit. ARC = Architectural Review Commission Source: City of Palm Desert Zoning Ordinance, Table 25.10-3 The City’s development standards allow for two story development in the R-1 district (lot size <10,000 sf), 2.5 stories in the R-2 district, and 3 stories in the R-3 and PR districts. Common area requirements in the R-3 and PR zones are also typical of desert cities and allow for clustering of units to allow for common area amenities. Even with imposition of the City’s development TN/City of Palm Desert General Plan/Housing Element Housing Element III-60 standards, and assuming a unit size of 1,000 square feet, with two parking spaces per unit and 40% open space, densities in excess of 22 units per acre could be achieved. Therefore, the City’s development standards are not a constraint on the development of housing. Accessory Dwelling Units The Zoning Ordinance was updated in 2020 to comply with new state legislation pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). An ADU is an attached or detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence; it also includes efficiency units and manufactured homes. A JADU is no greater than 500 square feet in size, contained entirely within an existing or proposed single-family structure, including its own sanitation facilities or shares them with the single-family structure, and includes an efficiency kitchen. ADUs and JADUs are permitted on any lot in a residential or mixed use zone, with the exception of the Hillside Planned Residential (HPR) zone, and are also permitted in the Public/Institutional zone. As shown in the following table, between 2014 and 2020, a total of 162 ADU building permits were issued (average of 23 ADUs per year). Table III-24 ADU Building Permits, 2014-2020 Year No. of Permits Issued 2014 26 2015 19 2016 27 2017 26 2018 21 2019 19 2020 24 Total: 162 Short-term Rental Ordinance Section 5.10.050 of the Municipal Code defines short-term rental (STR) units as privately-owned residential dwellings rented for dwelling, lodging, or sleeping purposes for a period of less than 27 consecutive days. STRs are allowed in the RE (Residential Estate), HPR (Hillside Planned Residential), R3 (Residential Multiple Family) except for apartment units, and PR (Planned Residential) only within a Homeowners Association that allows for STRs with written approval. Homeowners are required to obtain a STR permit and collect transient occupancy taxes (TOT) at a rate of 11% of the rent charged. STRs provide homeowners with opportunities to increase their incomes, which can offset their housing costs. STRs are often rented by vacationers rather than permanent residents, and the added TOT revenues are not considered a constraint to housing. Furthermore, because only units within planned communities are allowed to have STRs, and these communities contain only market rate units, the presence of STRs in Palm Desert does not constrain the development of affordable housing. TN/City of Palm Desert General Plan/Housing Element Housing Element III-61 Low Barrier Navigation Centers Assembly Bill (AB) 101 requires that Low Barrier Navigation Centers (LBNC) be a by-right use in areas zoned for mixed use and nonresidential zoning districts permitting multifamily uses. LBNCs provide temporary room and board with limited barriers to entry while case managers work to connect homeless individuals to income, public benefits, permanent housing, or other shelter. Program 5.D of this Housing Element directs the City to review and revise the Zoning Ordinance, as necessary, to ensure compliance with AB 101, and to modify the definition of “homeless shelter” to include this use. Zoning for Special Housing Types The Zoning Code also facilitates the development of other special housing types, as summarized in the table below. Group homes for 6 or more are permitted by right in the residential zones, and require a Conditional Use Permit in the commercial zones, to assure high quality of life for the residents. Reasonable accommodation measures for disabled residents are established in Zoning Code Section 25.64.050. Reasonable accommodation requires a no-fee application, and are approved at the staff level, subject only to the following standards: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. TN/City of Palm Desert General Plan/Housing Element Housing Element III-62 Table III-25 City of Palm Desert Zoning for Special Housing Types Housing Type Zoning Where Permitted Multi-family housing R-2, R-3 permitted use PR conditional use OP, PC-1, PC-2, PC-3, PC-4, SI conditional use P conditional use Factory-built, manufactured housing R-1-M conditional use P conditional use Mobile homes R-1-M conditional use P conditional use Manufactured home parks R-1-M conditional use Farmworker housing P conditional use Homeless shelter SI permitted use Emergency shelters PC-1, SI permitted use Transitional & supportive housing RE, R-1, R-2, R-3, R-1M, HPR, PR permitted use Single-room occupancy units SI conditional use Group home RE, R-1, R-2, HPR, PR permitted use OP, PC-1, PC-4, SI conditional use P conditional use Guest dwelling RE, R-1, R-2, HPR, PR permitted use Caretaker housing SI permitted use Assisted living R-1, R-2, R-3, PR conditional use ADUs and JADUs RE, R-1, R-2, R-3, R-1M, PR, P permitted use Infrastructure Requirements Most of the City is served by General Plan roads, water, and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities and improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Pursuant to SB 1087, the Coachella Valley Water District will be provided with the adopted Housing Element and required to establish specific procedures to grant priority service to affordable housing projects. As water and sewer services are installed in most neighborhoods in the City, the City’s water and sewer provider, the Coachella Valley Water District (CVWD), will not be constrained in providing services in the City. CVWD has an approved Urban Water Management Plan (UWMP), which was developed based on the City’s General Plan build out, which states that it has sufficient supplies available to meet the City’s built out demands. The District’s Cook Street Water Reclamation Plant (WRP-10), which provides sanitary sewer treatment for the City, has a combined secondary capacity of 18 million gallons per day, and in 2021 processed an average daily flow of approximately 9 million gallons per day. The District, TN/City of Palm Desert General Plan/Housing Element Housing Element III-63 therefore, has more than enough capacity to treat wastewater generated by the City in the future, including sufficient capacity to accommodate the regional housing need. As referenced in its 2015 UWMP, CVWD’s long-range plans include adding treated and untreated Colorado River water to its urban water distribution system and using desalinated agricultural drain water for irrigation purposes. The City routinely consults and coordinates with CVWD to assure that services and facilities are adequate to meet the community’s needs. “Dry” utilities in the City include electricity, natural gas, telephone, cable, and solid waste collection and disposal. Southern California Edison (SCE) provides electricity to most of the City of Palm Desert. Imperial Irrigation District (IID) provides power to limited portions of the City, including most of the California State University/San Bernardino (CSSB) Coachella Valley Campus and the Avondale Country Club. Natural gas services and facilities are provided to most of the City by the Southern California Gas Company through regional high-pressure transmission lines and medium-pressure distribution lines. Development located west of the Palm Valley Stormwater Channel, parallel to Highway 74, is not connected to the natural gas system and uses propane gas as an alternative fuel source. Telecommunication services are provided to the City by Frontier Communications, Spectrum and other cell service providers. Solid waste collection and disposal is provided by Burrtec Waste & Recycling Services. The City coordinates with utility and service providers, as necessary, regarding the planning, designing, and siting of distribution and other facilities to assure the timely and environmentally sensitive expansion of facilities. Public Works Fees Table III-26 depicts the City’s Public Works Department engineering fees, including those associated with site preparation and infrastructure. Table III-26 Public Works Engineering Fees Grading Plan Check (per plan) $853 1st 3 acres $310/acre ea. add. acre Subdivision Precise Grading Plan Check $1,628 up to 8 lots; $78/lot each add. Hydrology Report Plan Check $352/acre SWPPP/NPDES Plan Check $176 PM10 Plan $78 Half Street Improvement Plan Check $891/1000 LF Full Street Improvement Plan Check $1,550/1000 LF Storm Drain Plan Check $1,550/1000 LF Signing and Striping Plan Check $1,110 Traffic Signal Plan Check $1,480 Faithful Performance Bonds 100% of Public Improvements + 25% of Grading Amount Labor & Materials Bond ½ of Faithful Performance Amount Signalization Impact Fee $50.00/residential unit Drainage Impact Fee $1,000-$4,000/ac. (based on location) MSHCP Fee 0-8 units/acre: $1,371 per unit 8.1-14 units/acre: $571 per unit 14+ units/acre: $254 per unit WQMP Fee $3,700 Sources: “Public Works Engineering Fees,” City of Palm Desert, June 27, 2017; MSHCP Local Development Mitigation Fee, Coachella Valley Conservation Commission, July 1, 2020. TN/City of Palm Desert General Plan/Housing Element Housing Element III-64 Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees beyond the estimate provided in Table III-21; however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC) and updates the Code periodically as State-wide updates are developed. Currently (2021), the City is enforcing the provisions of the 2019 CBC. The City cannot adopt standards that are less stringent than the CBC. The only local amendments made by the City are administrative and relate to the timing of payment of fees. These amendments have no impact on the provision of affordable housing. Since all communities in the State enforce similar provisions, the City’s CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees5 The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single-family custom or tract homes less than 2,500 square feet, the combined architectural and structural charge is $0.72 per square foot for plan check, and $1.14 per square foot for inspection. Fees vary slightly for other single-family housing types and sizes. For multi- family residential units, the combined architectural and structural plan check fee is $0.30 per square foot for projects less than 15,000 square feet, and $0.28 per square foot for projects larger than 15,000 square feet. Inspection fees are $0.36 per square foot for the smaller projects, and $0.30 per square foot for the larger projects. A flat fee of $105 is charged for permit issuance. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. New Construction Tax Per Ordinance No. 216, a new construction tax of $0.40 per square foot is charged on all new and additional square footage added to the building under roof (i.e. additional square footage for single- family dwelling additions, converting garages, atriums or patio areas to living space and all commercial additions). Low Income Housing Mitigation Fee Per City Resolution 90-130, all commercial development is assessed mitigation fees which are directed toward low income housing. Fees are paid at the issuance of building permits, according to the following schedule. 5 “Building and Safety Fee Schedule,” Resolution 2012-37, City of Palm Desert, June 22, 2012. TN/City of Palm Desert General Plan/Housing Element Housing Element III-65 Table III-27 Low Income Housing Mitigation Fee Schedule Type of Development Fee General Mixed Commercial $1.00 per sq. ft. Professional Office $0.50 per sq. ft. Industrial $0.33 sq. ft. Resort Hotel (major amenities) $1,000 per room Non-Resort Hotel (limited amenities) $620 per room Fire Facilities Impact Mitigation Fee The Fire Facilities Impact Mitigation Fee, shown below, is charged in designated areas to supplement future fire protection needs. Table III-28 Fire Facilities Impact Mitigation Fee Schedule Type of Development Fee Residential: Low Density $709/unit Medium Density $306/unit High Density $182/unit Note: fee is charged only in designated areas Non-residential fees are not shown. Art in Public Places Fee Per Ordinance No. 473, the City charges an Art in Public Places fee. The residential fee is 0.25 of 1% of valuation of the structure. Individual single-family dwelling units not in a development are exempt from the first $100,000. Other Development Fees In addition to the City’s fees, residential developers are responsible for the payment of the State mandated school fees. School fees in the Desert Sands Unified School District (DSUSD) are currently (2021) $4.08 per square foot. Development in the Coachella Valley is also required to pay Transportation Uniform Mitigation Fees (TUMF) to the Coachella Valley Association of Governments (CVAG) to offset impacts to regional roads and transportation improvements. The fee is $2,310 per detached single-family unit, $1,330 per multi-family/mobile home unit, and $495 per nursing/congregate care unit. There is a 15% discount for transit-oriented development. Affordable housing is exempt from TUMF fees. The City is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP). As such, new development projects are required to pay local development mitigation fees for the acquisition and management of habitat lands. Fees are listed in Table III- 26. TN/City of Palm Desert General Plan/Housing Element Housing Element III-66 The City’s Strong Motion Instrumentation Program (SMIP) fee is charged on new development. For residential development, the fee is 0.00013 of total valuation. Collected SMIP fees are passed through to the State Department of Conservation. Developers also must pay connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utility companies in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Code compliance for structural deficiencies or maintenance problems is processed as follows. A phone call and/or a site visit is made to inspect the reported problem and discuss correction of deficiencies with the owner. In most instances, this is sufficient to cause the violation to be corrected by the property owner. If the violation is not corrected, a notice is sent to the owner, giving the owner 20 days to correct the violation. The City has the ability to directly abate a violation if the owner is unwilling or cannot be located. All costs associated with abatement are billed to the property owner. If the owner is unwilling to pay, a lien is placed on the property. These procedures are typical of those employed by most cities in California and do not place an undue constraint on the development or maintenance of housing. Efforts to Remove Governmental Constraints No governmental constraints have been identified that have a significant adverse impact on housing development in Palm Desert. The City’s permitting process and infrastructure requirements are comparable to those of other Coachella Valley cities. Although some application fees have increased somewhat since the last planning period, they remain among the lowest in the region. General Plan and zoning land use designations allow for all types of development and a broad range of densities. Zoning Code Section 25.34.040 allows the City to grant density bonuses, offer incentives and concessions, and waive or reduce development standards for affordable housing projects that can result in identifiable cost reductions to the developer. The City’s housing policies and programs have been reviewed and revised, as necessary, to assure that governmental constraints are minimized. Policy 7 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case-by-case basis. Non-Governmental Constraints In general, the City sees applications for building permits submitted within approximately 30 days of entitlement of a project. This process, however, is entirely under the control of the developer, and can vary substantially from one project to another. The City generally does not receive requests for projects below the density allowed for sites on its Vacant Land Inventory (Table III-47). Recent project applications rather have requested the maximum density for these sites (please see further discussion under Land Inventory, below). There are no non-governmental constraints that impact the City’s ability to meet its RHNA allocation by income category. On the contrary, the City’s processing times and costs have generated applications for 710 units affordable to very low and low income households, and 617 units affordable to moderate income households (see Pending Affordable Housing Projects, below). The constraints, expressed by the affordable housing community at City Housing Element workshops and study sessions, occur with State funding applications, not with non-governmental aspects of the development process. The City actively supports affordable housing project funding applications in order to overcome the constraint caused by State processes. TN/City of Palm Desert General Plan/Housing Element Housing Element III-67 Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single-family homes to larger apartment or condominium projects. The cost of land varies somewhat from city to city in the Coachella Valley, but the cost of construction and the ability of homes and projects to financed is regional in nature. Land and Housing Costs The cost of land has the potential to impact the overall cost of housing. A survey of vacant residential lots in Palm Desert found that single-family properties range from approximately $156,000 to $1,400,000 per acre, with an average of $804,453 per acre.6 Multi-family properties average $391,598 per acre. As shown in Table III-19, according to ACS data, the median cost of existing homes in Palm Desert increased 9.0% between 2013 and 2018, from $308,000 to $335,400. According to a recent regional economic study, the median price in 2020 (3rd quarter) was $484,324 for existing homes and $621,938 for new homes.7 The American Community Survey determined that the median rental rate in the City in 2018 was $1,260. In order to update this information to current (2021) conditions, representative rental rates for non-subsidized apartments were collected and are provided in Table III-29, below. As shown, rents can range from $1,675 to $2,490 for a 3-bedroom unit. Additional analysis shows rents can range from $3,000 to $7,500 and higher for a 4+-bedroom unit.8 Table III-29 Median Gross Rent by Bedrooms No. of Bedrooms Median Gross Rent* No bedroom $729 1 bedroom $974 2 bedrooms $1,307 3 bedrooms $1,691 4 bedrooms $2,082 5+ bedrooms Not provided Median Gross Rent: $1,260 * estimated, renter-occupied housing units paying cash rent Source: American Community Survey 2014-2018 5-Year Estimates, Table B25031 6 LandWatch.com, accessed January 28, 2021. 7 “Inland Empire Quarterly Economic Report,” Year 32, Economics & Politics, Inc. October 2020. 8 Rent.com, accessed September 3, 2020. TN/City of Palm Desert General Plan/Housing Element Housing Element III-68 Table III-30 Representative Apartment Market Rental Rates in Palm Desert, 2021 Project Name Unit Size Market Rental Rate The Regent 1 & 2 Bdrm $1,395-$1,685 Desert Fountains Studio, 1 & 2 Bdrm $915-$1,230 Desert Oasis Studio, 1, 2 & 3 Bdrm $1,195-$1,675 The Enclave 1, 2 & 3 Bdrm $1,660-$2,400 The Vineyards 1, 2 & 3 Bdrm $1,490-$2,490 Royal Palms 2 Bdrm $1,695 Construction Costs Construction costs vary widely depending on location, project site, bedroom count, finishes, fixtures, amenities, building type, and wage and hiring requirements. Other determining factors include terrain and soil conditions, environmental factors, and availability of infrastructure. In the Coachella Valley, construction costs for single-family dwelling units generally range from $235 to over $275 per square foot (excluding site improvements), varying based on the location, size, materials, fixtures, and finishes selected.9 Vertical multi-family construction costs generally range from $125 to $145 per square foot.10 A 2021 survey of regional affordable housing developers determined that the average construction cost for affordable housing in the valley is approximately $317,074 per unit/door. Financing Costs The cost of financing can also impact the development community’s ability to fund projects. Mortgage interest rates are currently near historic lows but fluctuate over time. Affordable housing typically relies on a mix of public and private financing sources, including tax credits, subsidies, grants, bond funds, and other funding sources, some of which are subject to rules and restrictions. Physical Constraints Age of Housing Stock As shown in Table III-15, 25,312 housing units in the City are over 30 years old, representing 63.6% of the housing stock. Maintenance in the City is not a significant issue; however, and the Palm Desert Housing Authority has programs in place to assist lower income households with home repairs and improvements. Condition of Housing Stock As shown in Table III-16, of 24,114 occupied housing units in Palm Desert, 67 (0.3%) lacked complete plumbing facilities, and 198 (0.8%) lacked complete kitchen facilities. Depending on overall conditions, these units could be considered substandard. 9 Gretchen Gutierrez, CEO, Desert Valleys Building Association, March 2021. 10 Chris Killian, Senior Vice President of Construction, National Core, March 2021. Based on a typical 50-75 unit project with 2 and 3 story garden style walkup buildings (Type V-Wood). TN/City of Palm Desert General Plan/Housing Element Housing Element III-69 The Palm Desert Housing Authority manages the Housing Improvement Program (HIP), which is funded through CDBG. Currently, the emergency grant component is the only component that is funded. It assists homeowners with emergency health and safety repairs to their homes, such as roof repairs, water heater replacement, and ADA improvements. Four (4) households received emergency grants during the 2014-2021 planning period. Environmental Constraints The City is identified as Zones III and IV in the Uniform Building Code (UBC) for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as Alquist-Priolo Earthquake Fault Zones by the State. There are no active faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City’s residents from seismic hazards are not considered a constraint to the provision of housing. There are no other environmental constraints to the development of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, “green” or similar products in a home or apartment may increase the initial cost, affordable housing providers in the Coachella Valley have indicated that the cost differential was becoming smaller as technologies improved; and that the long-term benefit to the home owners or renters was worth the added initial expense. These developers implement energy conserving construction to the greatest extent possible in their projects. Carlos Ortega Villas, an affordable senior housing project built in 2015, includes passive heating and cooling, solar panels for generating electricity, solar thermal panels for heating water, and water-efficient plumbing fixtures and landscape materials, with the long-term goal of having net zero energy usage. SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special housing needs, such as farmworkers, the homeless, and seniors living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers Farm workers are employed in agricultural industries, including livestock, crops, and nursery products, and typically perform manual and/or hand tool labor-plant, cultivate, harvest, or pack field crops. The industry is supported by both year-round and seasonal workers who typically earn low wages, have difficulty obtaining safe and affordable housing, and have limited access-other services, such as education, transportation, and health care. Seasonal or migrant workers who travel from their permanent homes-work during harvest periods may live in rooming houses, finished garages, trailers, or other temporary shelters. TN/City of Palm Desert General Plan/Housing Element Housing Element III-70 Citrus, melon, vegetable, and nursery stock production is a key component of the Coachella Valley economy. However, agriculture is focused on the east end of the Coachella Valley, approximately 10 miles or more to the southeast. Farm worker households generally fall into low and very low income categories. Low income groups often need housing near work; for farmworkers, housing is most needed in rural, agricultural areas rather than urban areas. In the Coachella Valley, the principal housing options for migrant and local seasonal farm workers are family-owned homes, private rental houses, second units, apartments, and mobile homes. Palm Desert’s continued urbanization has eliminated commercial farming in the City, and no agricultural lands are designated in its General Plan. In 2018, there were 147 persons employed in “agriculture, forestry, fishing and hunting, and mining” in the City, which constitutes only 0.7% of the City’s civilian employed population 16 years and over, and likely consists of mining employees at local sand and gravel operations located in unincorporated County lands and the cities of Palm Springs and Indio. Demand for housing specifically targeted for farm workers has not been identified. Nevertheless, as with other special needs, farmworker households can benefit from rental subsidies provided by City and City incentives for developers to maintain affordable units that are available to all segments of the population. Homeless Homeless persons are those in need of temporary or emergency shelter and include a diverse population of individuals, including seniors, veterans, substance abusers, immigrants, physically or mentally disabled, and families with children. Homeless individuals may live in vehicles, encampments, abandoned buildings, outdoors, or homeless or transitional shelters. The Homeless Point-In-Time (PIT) Count is a federally mandated annual count of homeless individuals used to evaluate the extent of homelessness. The data provide a snapshot of homelessness on a particular date and time. The 2019 PIT Count for Riverside County determined there were 23 unsheltered homeless individuals in Palm Desert.11 Consistent with the HUD definition, the unsheltered PIT Count enumerates homeless individuals and families who are “living in a place not designed or ordinarily used as a regular sleeping accommodation for humans” (i.e., abandoned buildings, cars, parks, under bridges, bus stops, etc.). This estimate represents 0.04% of the City’s total 2019 population of 52,911 people.12 The actual number of homeless may be higher given that many individuals, particularly women and children, remain hidden for safety or stay in locations where they cannot be seen. It represents a 46.5% decrease over the 2018 PIT Count for Palm Desert (43 individuals). The reduction may be due, in part, to undercounts in earlier years and/or changes in counting and surveying methods, such as increased coverage by more volunteers, that were implemented in 2019. 11 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. 12 Department of Finance Table E-5, January 2019 estimates. TN/City of Palm Desert General Plan/Housing Element Housing Element III-71 Table III-31 Palm Desert Unsheltered Homeless Characteristics, 2019 Number % of Total Race American Indian 2 9% Black 1 4% White 18 78% Multiple Races 1 4% Unknown Race 1 4% Ethnicity Hispanic 3 13% Non-Hispanic 16 70% Unknown Ethnicity 4 17% Gender Male 15 65% Female 8 35% Age Adults (>24 yrs) 20 87% Youth (18-24 yrs) 1 4% Unknown Age 2 9% TOTAL HOMELESS INDIVIDUALS = 23 Source: 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. As shown in Table III-31, the majority of homeless people in Palm Desert are white (78%), non- Hispanic (70%), male (65%), and adults over 24 years (87%). The following table describes homeless subpopulations in Palm Desert. Of the 15 individuals interviewed, 35% were chronically homeless, 22% had a physical disability, 22% had Post Traumatic Stress Disorder (PTSD), 17% were veterans, and 13% had mental health conditions. Some subpopulations could be higher, but the extent is unknown because 8 individuals were not interviewed for various reasons, including refusal to participate, sleeping, a language barrier, inability to respond, or physical barriers or unsafe site conditions. TN/City of Palm Desert General Plan/Housing Element Housing Element III-72 Table III-32 Palm Desert Homeless Subpopulations, 2019 Subpopulation Number1 % of Total Veterans 4 17% Chronically Homeless 8 35% Substance Abuse 2 9% PTSD 5 22% Mental Health Conditions 3 13% Physical Disability 5 22% Developmental Disability 1 4% Victim of Domestic Violence 1 4% Jail release, past 12 months 3 13% Jail release, past 90 days 1 4% 1 Results of interviews with 15 homeless individuals. Actual numbers may be higher as 8 individuals were not interviewed. Source: 2019 Riverside County Homeless Point-In-Time Count and Survey Report, County of Riverside Department of Public Social Services, page 60. The City contributes over $100,000 annually to the Coachella Valley Association of Governments (CVAG) for regional homelessness services. The City is a participant in CVAG’s Homelessness Initiative and was also a participant of the previous Homelessness Strategic Plan, which built Roy’s Desert Resource Center (“Roy’s”) in the western Coachella Valley. The facility opened in December 2009 and provided emergency and transitional shelter and support services for homeless individuals. After the closure of Roy’s in 2017, there was a need for a homeless shelter or navigation center in the western Coachella Valley. Path of Life Ministries and now CVAG operates a program that placed people in permanent housing before addressing issues such as joblessness or behavioral health. Program results were positive, with 81% of the 242 people who exited the program in the first year able to find permanent housing, and all participants who exited the program more than doubling their monthly incomes. 13In late 2019, CVAG initiated an effort to advance the goals of CV Housing First through a collaborative approach called the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). The program is expected to establish a formal structure for regional homelessness policies and programs, identify funding opportunities for future projects, and expand multi-agency cooperation and participation. In addition to its own efforts to end homelessness, Palm Desert’s membership in CVAG will assure its continued participation in regional efforts. A number of other organizations provide shelter and services to the homeless throughout the Coachella Valley (see Table III-33 for a list of available homeless facilities in the Coachella Valley). Shelter from the Storm, which provides comprehensive services to victims of domestic violence in the Valley, operates its administrative offices in the City. Desert Horizon and Desert Vista permanent supportive housing is a program in the western Coachella Valley managed by Jewish Family Service of San Diego with 18 and 40 beds, respectively. Supportive services, 13 “CV Housing First Program Evaluation: Examining the Clients Served in the First Year: July 2017 to June 2018,” Health Assessment and Research for Communities, September 2018, page 55. TN/City of Palm Desert General Plan/Housing Element Housing Element III-73 including living skills, budgeting instruction, case management, employment assistance, food distributions, advocacy, and community referrals and access to benefits, are provided. Residents contribute 30% of their income based on HUD guidelines. Table III-33 Coachella Valley Homeless Facilities and Services Organization Name Facility Name Total Beds Emergency Shelter Coachella Valley Rescue Mission Overnight shelter (families with children, individuals without children) 251 Coachella Valley Rescue Mission Overnight shelter (individuals without children) 49 Martha’s Village and Kitchen Inc. Renewing Hope Emergency Shelter 120 Operation Safe House Desert Emergency Shelter 20 Path of Life Ministries Inc. CVAG Emergency Shelter Project 12 Shelter from the Storm Domestic Violence Emergency Shelter 20 County of Riverside, Desert Healthcare District and Foundation1 Summer Homeless Survival Program (seasonal emergency cooling centers in Cathedral City, Palm Springs, Desert Hot Springs) 90 (30 in each city) Subtotal 472 (year-round) 90 (seasonal) Transitional Housing Operation Safe House Harrison House (youth, young adults) 15 Subtotal 15 Rapid Rehousing Coachella Valley Rescue Mission Rapid Re-Housing 5 Coachella Valley Rescue Mission State-funded Rapid Rehousing 13 Path of Life Ministries Inc. CVAG Rapid Re-Housing 2 Subtotal 20 Permanent Supportive Housing Desert AIDS Project Vista Sunrise Apartments 80 Jewish Family Services Desert Horizon 18 Jewish Family Services Desert Vista 40 Jewish Family Services Permanent Supportive Housing Expansion (new in 2018) 35 Riverside University Health System – Behavioral Health Behavioral Health – Coachella Valley Permanent Housing 25 Subtotal 118 Sources: “The Path Forward: Recommendations to Advance an End to Homelessness in the Coachella Valley,” Barbara Poppe and Associates, November 27, 2018, Appendix 3. 1 dhcd.org. TN/City of Palm Desert General Plan/Housing Element Housing Element III-74 The City also addresses homelessness at the local level. It contracts with Riverside University Health System to provide a Behavioral Health Specialist and a Mental Health Peer Support Specialist in Palm Desert. It also contracts with the County of Riverside for a Homelessness Assistance Program in which two staff members offer resources through daily street outreach efforts. The City has awarded CBDG funds to local charities, including Martha’s Village & Kitchen, Coachella Valley Rescue Mission, and Catholic Charities, for the provision of homeless services, such as food, equipment, consumable supplies, and energy upgrades. The City permits homeless shelters in the Service Industrial (SI) zone. There are 344.17 acres of serviced, vacant land in this zone in the City, ranging in size from 1-20 acres. The Service Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. The City currently has no requirement for parking for emergency shelters. AB 139 requires that parking be provided for employees of emergency shelters. Program 5.D. requires that the City add this requirement to the Zoning Ordinance in 2021-2022, as part of its annual Zoning Ordinance update. The City allows transitional and supportive housing in all residential districts subject to only those restrictions that apply to other residential uses of the same type in the same zone. The General Plan allows for an additional 8,049 residential units on 610 acres of vacant land in the City, in a range of densities, which will accommodate the City’s need for transitional and supportive housing. Seniors The Coachella Valley has a long-established reputation as a popular retirement destination. In 2018, the City had 17,582 residents over the age of 65, representing 33.7% of the population. These seniors were in a total of 11,302 households. Home ownership data shown in the table below indicates that approximately 22% of seniors are renters, and 78% are homeowners. Table III-34 City of Palm Desert Householders 65 Years and Over, by Tenure Householder Age Owner-Occupied Renter-Occupied Households % Households % Total, City of Palm Desert 14,842 100.0 9,272 100.0 Total, Non-Senior Households 6,018 40.5 6,794 73.3 Total, Householders 65 Years & Over 8,824 59.5 2,478 26.7 65 to 74 years 4,389 29.6 1,124 12.1 75 to 84 years 3,203 21.6 647 7.0 85 years and over 1,232 8.3 707 7.6 Source: American Community Survey 2014-2018 5-Year Estimates, Table B25007 According to the American Community Survey, an estimated 1,590 seniors have incomes below the poverty level, which represents 9.0% of all seniors in the City. The 2020 federal poverty guideline for one person is $12,760. The major source of income for most seniors is Social TN/City of Palm Desert General Plan/Housing Element Housing Element III-75 Security, and the average Social Security monthly benefit is $1,503.14 Therefore, a single senior paying 30% of their monthly Social Security income on housing costs would pay $451 toward housing costs. However, Palm Desert median rents are $974 for a one-bedroom unit. A two-person senior household would have $902 available for housing costs, which would be sufficient for a one-bedroom unit. Therefore, Social Security alone cannot adequately cover housing costs for seniors living alone in the City. Table III-35 Senior Incomes Below the Poverty Level Age Group No. of Residents with Income in Past 12 Months Below Poverty Level 65 to 74 years 847 75 years and over 743 Total 1,590 Source: 2014-2018 ACS 5-Year Estimates, Table B17001 Special considerations affecting senior households include income limitations, access to health care and transportation, accommodations for physical disabilities and limitations, and long-term care concerns. Senior housing needs can include low-income apartments, retirement communities, independent living centers, assisted living centers, nursing homes, and hospice care centers. There are seven senior apartment projects in the City which are owned and operated by the Housing Authority, providing 380 units for very low, low and moderate income senior households. Nursing care facilities in the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. Numerous senior communities are located in the City, including Atria Palm Desert, Atria Hacienda, Segovia, Palm Desert Senior Living Oahu Cottage, and Fountains at the Carlotta, Legend Gardens, which provide a range of services including medical transport, assistance with housekeeping and personal care, hospice and dementia care, and onsite recreational and social opportunities. Numerous senior support services are provided by various organizations, including those listed in the following table. Table III-36 Senior Resources Organization Services Provided Braille Institute Coachella Valley Neighborhood Center Rehabilitation, enrichment classes, in-home support for the visually impaired The Joslyn Center Health/fitness programs, social events, classes, Wellness Center, food distribution Eisenhower Memory Care Center Adult day center for neuro-cognitive impairments FIND Food Bank Food distribution Hidden Harvest Food distribution Jewish Family Services of the Desert Advocacy, case management services Riverside County Office on Aging Medical case management, counseling, transportation assistance, meals 14 Social Security Administration Fact Sheet, December 2019 Beneficiary Data. TN/City of Palm Desert General Plan/Housing Element Housing Element III-76 Table III-36 Senior Resources Organization Services Provided Salvation Army Food distribution, social events, community programs Senior Advocates of the Desert Public benefits and social services assistance, emergency financial assistance SunLine Transit Agency For seniors and disabled residents: Half-Fare Program, Taxi Voucher Program, SunDial paratransit service, bus travel training The City’s Senior Housing Overlay provides flexible development standards for a variety of housing for residents age 55 and over, including attached or detached units for sale or rent and associated recreational facilities. Persons with Disabilities This population includes individuals with mental and physical disabilities that may require affordable housing with convenient access to public transportation and health care services, as well as structural adaptations to accommodate wheelchairs and other assistive devices. Housing needs can include independent home environments, homes with special modifications and design features, supervised apartments, inpatient and outpatient treatment programs, and senior care facilities. Individuals who are unable to work because of disability may require income support, and their limited incomes can severely restrict their ability to pay for housing and living expenses. The 2018 ACS identified 7,901 persons in the City with disabilities, of which 4,593 (58.1%) were persons over the age of 65. Individuals may be affected by one or more types of disability. The table below identifies the number of disabilities, by type, for Palm Desert residents. The most prevalent disabilities are ambulatory difficulties (26.3%) and hearing difficulties (19.5%). TN/City of Palm Desert General Plan/Housing Element Housing Element III-77 Table III-37 City of Palm Desert Number of Disabilities, by Disability Type Number of Disabilities Percent of Total Disabilities Disabilities, ages 0-17 Hearing Difficulty 101 0.7% Vision Difficulty 182 1.3% Cognitive Difficulty 204 1.4% Ambulatory Difficulty 42 0.3% Self-Care Difficulty 8 0.1% Independent Living Difficulty * * Subtotal, ages 0-17 537 3.7% Disabilities, ages 18-64 Hearing Difficulty 549 3.8% Vision Difficulty 700 4.9% Cognitive Difficulty 1,170 8.1% Ambulatory Difficulty 1,405 9.8% Self-Care Difficulty 615 4.3% Independent Living Difficulty 1,004 7.0% Subtotal, ages 18-64 5,443 37.8% Disabilities, ages 65+ Hearing Difficulty 2,153 14.9% Vision Difficulty 776 5.4% Cognitive Difficulty 981 6.8% Ambulatory Difficulty 2,347 16.3% Self-Care Difficulty 748 5.2% Independent Living Difficulty 1,423 9.9% Subtotal, ages 65+ 8,428 58.5% Total Disabilities 14,408 100% Total Civilian Non-Institutionalized Population with a Disability 7,901 Source: American Community Survey 2014-2018 5-Year Estimates, Table S1810. * data not provided Facilities that provide specialized accommodations and services for the disabled are located in the City and Coachella Valley region and are identified in the “Seniors” discussion above, and “Persons with Developmental Disabilities” section below. In addition, Desert Vista Permanent Supportive Housing, a HUD-funded program, provides housing and services to 40 homeless individuals with disabilities. Clients pay up to 30% of their income based on HUD guidelines. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection TN/City of Palm Desert General Plan/Housing Element Housing Element III-78 process. The City’s affordable housing projects include units for persons with disabilities. The City has housed between 91 and 188 disabled persons in its properties annually in recent years, varying from year to year. The City adheres to State guidelines regarding handicapped access and promotes the use of principles of architectural design that aid the disabled. The Americans with Disabilities Act (ADA) requires all new multi-family construction to include a percentage of units accessible to persons with disabilities. The City monitors and requires compliance with these standards as part of the building permit review, issuance, and inspection process. The City imposes no special requirements or prohibitions on the development of housing for persons with disabilities, beyond the requirements of the Americans with Disabilities Act. There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents. Group homes of 7 or more residents are permitted, with approval of a conditional use permit, in the RE, R-1, R-2, HPR, and PR zones. Zoning Code Section 25.64.050 allows for reasonable accommodations in zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Persons with Developmental Disabilities Per Senate Bill No. 812, the Housing Element must include analysis of the special housing needs of individuals with developmental disabilities. A developmental disability is defined by Section 4512 of the Welfare and Institutions Code as “a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual.” This includes intellectual disabilities, cerebral palsy, epilepsy, autism, and related conditions, but does not include other handicapping conditions that are solely physical in nature. The California Department of Developmental Services (DDS) implements a statewide system of community-based services for people with developmental disabilities and their families. DDS contracts with the Inland Regional Center (IRC) in Riverside to provide and coordinate local services in Riverside County, including the City of Palm Desert. IRC currently (2021) serves 234 clients who are Palm Desert residents. Housing needs for individuals with developmental disabilities can range from traditional independent living environments, to supervised group quarters, to institutions where medical care and other services are provided onsite. Important housing considerations for this group include proximity to public transportation, accessibility of the home and surroundings, access to medical and other public services, and affordability. A variety of housing options and support services in the Coachella Valley are provided by local and regional service agencies, including the following: • Angel View, a non-profit organization based in Desert Hot Springs, operates 19 six-bed group homes for children and young adults with developmental and physical disabilities. The homes TN/City of Palm Desert General Plan/Housing Element Housing Element III-79 provide 24-hour nursing and/or attendant care and can accommodate 100+ individuals at a time. There are 16 homes in the Coachella Valley, including 12 in Desert Hot Springs, 3 in Palm Springs, and 1 in Thousand Palms. • The Inland Regional Center uses person-centered planning when developing a Consumer’s Individual Program Plan (IPP). The IPP outlines the goals developed by the Consumer and their support team, as well as the services and supports they will receive to help achieve those goals. Many of the services/supports listed in the IPP are funded by Inland Regional Center. However, services and supports may also be provided by other agencies, such as the Social Security Administration, school districts, county agencies, etc. • Casas San Miguel de Allende in Cathedral City includes 48 apartment units for individuals with special needs or long-term disabilities. • Canyon Springs in Cathedral City is a State developmental center operated by DDS. It provides residential services, treatment, and job training for up to 55 adults with intellectual and developmental disabilities. Referrals for admission are made by the Inland Regional Center. Each person is assessed and participates in developing and carrying out an Individual Program Plan. Residents have opportunities to participate in a variety of integrated activities in natural environments at home, at work, and in the community. Other local agencies provide additional support services to the developmentally disabled population. Desert Arc, a non-profit organization based in Palm Desert, provides vocational training and employment to adult clients with developmental disabilities in the Coachella Valley and Morongo Basin. It operates on-site businesses at its primary campus in Palm Desert and two smaller workshop facilities. Most clients are placed by the Inland Regional Center. Of its 695 clients in 2019, 71 are Palm Desert residents. The City has a long-standing relationship with Desert ARC. During the 2014-2021 planning period, the City awarded it approximately $201,000 across four projects for various ADA facility improvements. The City is working with prospective developers to develop Arc Village, an entitled project that proposes 32 one-bedroom and 4 two-bedroom affordable housing units, a community center, swimming pool, and recreational space for special needs adults on the Desert Arc campus. The project would offer proximity to transit, Desert Arc, and its services and job opportunities. The City continues to work to facilitate completion of this project. Through its building permit review and inspection process, the City adheres to the Americans with Disabilities Act and California Building Code, which require that all multi-family development include a percentage of units that are accessible and “barrier-free” to disabled residents. The City will continue to coordinate with the Inland Regional Center and other appropriate agencies and organizations that serve this population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities, and will continue to identify and pursue funding sources for special needs housing. Extremely Low-Income Households Extremely Low-Income (ELI) households are defined by HCD as those which earn less than 30% of the area median income (AMI). ELI households are a subset of the very low-income household category in a region. The AMI for a 4-person household in Riverside County is $75,300. ELI TN/City of Palm Desert General Plan/Housing Element Housing Element III-80 household incomes are defined by HCD and HUD as those earning less than $26,200.15 These households are sensitive to unexpected changes in income and expenditures and typically require assistance for housing.16 Existing Needs Comprehensive Housing Affordability Strategy (CHAS) data are compiled by HUD to evaluate housing problems and needs, particularly for low income households, based on Census data. According to the latest CHAS data, 2,815 households (11.9% of total households) in Palm Desert are considered extremely low-income. More than half (55%) of ELI households are renters. Of all ELI households, the majority (82.6%) experience housing problems, including incomplete kitchen and plumbing facilities, overcrowding and severe overcrowding, and cost burden greater than 30% of income (overpayment). Nearly 82% are in overpayment situations, and 73.2% are in severe overpayment situations in which housing costs are greater than 50% of household income. Table III-38 Housing Problems for Extremely Low-Income Households Owners Renters Total Total Number of ELI Households 1,270 1,545 2,815 Percent with any housing problems* 79.5% 85.1% 82.6% Percent with Cost Burden >30% of income 79.5% 83.5% 81.9% Percent with Cost Burden >50% of income 68.9% 76.7% 73.2% Total Number of Households 14,270 9,455 23,730 * housing problems include incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room (overcrowding), and cost burden greater than 30% of income. Source: U.S. Department of Housing and Urban Development, CHAS, based on the 2012-2016 ACS. Projected Needs To calculate projected ELI housing needs, the City assumed 50% of its very low income Regional Housing Need Assessment (RHNA) consists of ELI households. From its very low income need of 675 units (see Table III-38), the City has projected a need of 337 units for ELI households. Housing Options Currently, more than 28% of the units within the City-owned affordable housing portfolio are designated for extremely low-income households. Extremely low income households are also eligible to receive rental assistance through the County of Riverside Housing Authority’s Housing Choice Voucher (Section 8) program. Small ELI households may also find affordable housing in Single Room Occupancy (SRO) hotels, accessory dwelling units (ADUs), and guest houses, which are typically affordable options. SROs are permitted in the SI zoning district with a Conditional Use Permit. ADUs are permitted in the RE, R-1, R-2, R-3, HPR, and PR zoning districts. Guest dwellings are permitted in the RE, R-1, R-2, HPR, and PR zoning districts. 15 Per HUD, the Extremely Low Income (ELI) income limit is the greater of either: 1) 60% of Very Low Income limit ($37,650), which equals $22,590, or 2) poverty guideline established by Dept. of Health and Human Services (HHS), which equals $26,200. 16 Palm Desert Housing Authority follows HCD requirements (not HUD) for ELI households. TN/City of Palm Desert General Plan/Housing Element Housing Element III-81 Large Households Large households (those with 5 or more people) require larger homes with more bedrooms and may find it difficult to locate adequate and affordable housing if there is a limited supply of larger units. The cost of larger homes is typically higher than smaller units, and large families can experience a higher cost burden associated with housing. The 2018 ACS indicates there were 1,013 households with five or more persons in the City, which constitutes 4.2% of all households. This represents a 5.9% decrease from year 2011 (1,076 households). Of large households, 411 (40.6%) are owners and 602 (59.4%) are renters. ACS also identified a total of 2,446 housing units with 4 or more bedrooms, or 10.2% of all housing units in the City. This may suggest that there are generally a sufficient number of larger housing units to accommodate larger families. Table III-39 City of Palm Desert Household Size, by Tenure Household Size Owner-Occupied Renter-Occupied Households % Households % 1 person 4,897 33.0% 3,803 41.0% 2 persons 7,208 48.6% 3,108 33.5% 3 persons 1,602 10.8% 1,110 12.0% 4 persons 724 4.9% 649 7.0% 5 persons 302 2.0% 269 2.9% 6 persons 94 0.6% 200 2.2% 7 persons or more 15 0.1% 133 1.4% Total Households 14,842 100.0% 9,272 100.0% Total Households with 5+ Persons 411 2.8% 602 6.5% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25009 Table III-40 City of Palm Desert Number of Bedrooms, by Tenure No. of Bedrooms Owner-Occupied Renter-Occupied Total Occupied Units No. of Units % No. of Units % No. of Units % 0 bedrooms 122 0.8% 572 6.2% 694 2.9% 1 bedroom 160 1.1% 2,511 27.1% 2,671 11.1% 2 bedrooms 5,838 39.3% 4,319 46.6% 10,157 42.1% 3 bedrooms 6,492 43.7% 1,654 17.8% 8,146 33.8% 4 bedrooms 1,926 13.0% 216 2.3% 2,142 8.9% 5+ bedrooms 304 2.0% 0 0.0% 304 1.3% Total 14,842 100.0% 9,272 100.0% 24,114 100.0% Source: American Community Survey 2014-2018 5-Year Estimates, Table B25042 TN/City of Palm Desert General Plan/Housing Element Housing Element III-82 Despite the number of 4+-bedroom dwelling units in the current housing stock, renters occupied the majority (77.3%) of overcrowded units. Only 216 of 2,446 units with 4 or more bedrooms are rental units, indicating a need for additional large rental units. Prices for larger units tend to be affordable only to moderate and above moderate income households. Large, very low income households may find it difficult to find affordable and adequate housing. The City implements a number of housing programs to assist with finding adequate housing, including the provision of affordable housing units, mortgage and home ownership guidance, and home rehabilitation programs. Female-Headed Households Female-headed households can experience lower incomes, higher living expenses, higher poverty rates, and low rates of homeownership. Finding adequate and affordable housing is a high priority. Special considerations for this population include proximity to schools, childcare, employment, and health care. As shown in Table III-6, there are 2,858 single-parent-headed family households in Palm Desert, or 11.9% of all households. Male-headed family households comprise 4.3% of all households, and female-headed family households comprise 7.6%. The number of female-headed family households increased compared to 2010 (1,370 female-headed, 5.9% of total family households). ACS data from 2018 show of the estimated 1,828 households with a female householder (no husband present) in the City, approximately 41.3% had children under 18 years of age. Over one- third (34.8%) of all families with incomes below the poverty level are female-headed households. Table III-41 Female-Headed Household Characteristics Number Percent Total Households 24,114 100% Female-Headed Households, no spouse/partner present 1,828 7.6% Female-Headed Households with own children under 18 755 - Female-Headed Households without children under 18 1,073 - Total Families, Income in the Past 12 Months Below Poverty Level 2,098 100% Female Householders, Income in the Past 12 Months Below Poverty Level 731 34.8% Source: American Community Survey 2014-2018 5-Year Estimates, Table DP02; ACS 2018 Supplemental Estimates Detailed Table K201703 The City’s continued implementation of affordable housing projects, public outreach efforts on fair housing issues, and efforts to maintain affordability restrictions on affordable units will serve those female-headed households requiring housing assistance. TN/City of Palm Desert General Plan/Housing Element Housing Element III-83 Affordable Units at Risk There are 67 restricted ownership units in the City which are at risk of losing their affordability restriction. These units were built or rehabilitated by private parties, such as Habitat for Humanity and Building Horizons through various programs in the past or are within existing projects. These units are single family homes and mobilehomes distributed throughout the City. None of the currently affordable housing apartments in the City are at risk of losing affordability restrictions during or within 10 years of the planning period. Maintenance of at-risk ownership housing units as affordable will depend largely on market conditions, the attractiveness of financial incentives, if warranted. Because all 67 of the ownership units are individually owned, controlling and maintaining affordability is particularly difficult. The City will, however, be required to release the restriction when sales occur, and has an opportunity at that time to renew affordability covenants. Program 3.C. addresses the preservation of these units. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-42 provides the current (2020) income limits applicable in Palm Desert. The median household income for a family of four in 2020 is $75,300. Table III-42 Riverside County Housing Program Income Limits 2020 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $15,850 $18,100 $21,720 $26,200 Very low $26,400 $30,150 $33,900 $37,650 Lower $42,200 $48,200 $54,250 $60,250 Moderate $63,250 $72,300 $81,300 $90,350 Median $52,700 $60,250 $67,750 $75,300 Source: HCD 2020 State Income Limits Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be overpaying. The Comprehensive Housing Affordability Strategy (CHAS) database, provided by HUD and based on American Community Survey data, describes the number of households, by income, with housing cost burdens. The latest CHAS data for the 2013-2017 period for Palm Desert are shown in the following table. Of all owner households, 35.6% are overpaying for housing, and 18.0% are severely overpaying. The percentages are higher when analyzing lower- income households as a group. Of all lower-income owner households, 67.8% are overpaying, and 44.7% are severely overpaying. TN/City of Palm Desert General Plan/Housing Element Housing Element III-84 The patterns are similar for renter households. Of all renter households, 48.2% are overpaying, and 24.7% are severely overpaying. Of all lower-income renter households, 77.0% are overpaying, and 46.1% are severely overpaying. Table III-43 Overpayment by Income Level, 2013-2017 Income Category1 Owners Renters Households Percent Households Percent Household Income less than or = 30% HAMFI: 1,270 1,545 Households overpaying 1,010 79.5% 1,290 83.5% Households severely overpaying 875 68.9% 1,185 76.7% Household Income >30% to less than or = 50% HAMFI: 1,195 1,215 Households overpaying 875 73.2% 1,125 92.6% Households severely overpaying 515 43.1% 725 59.7% Household Income >50% to less than or = 80% HAMFI: 2,020 2,250 Households overpaying 1,155 57.2% 1,445 64.2% Households severely overpaying 615 30.4% 400 17.8% Subtotal: All lower-income households 4,485 5,010 Subtotal: All lower-income HH overpaying 3,040 67.8% 3,860 77.0% Subtotal: All lower-income HH severely overpaying 2,005 44.7% 2,310 46.1% Household Income >80% to less than or = 100% HAMFI: 1,215 875 Households overpaying 530 43.6% 320 36.6% Households severely overpaying 240 19.8% 20 2.3% Household Income >100% HAMFI: 8,575 3,570 Households overpaying 1,505 17.6% 380 10.6% Households severely overpaying 325 3.8% 10 0.3% Total Households 14,270 9,455 Total Households Overpaying 5,075 35.6% 4,560 48.2% Total Households Severely Overpaying 2,570 18.0% 2,340 24.7% 1 HAMFI = HUD Area Median Family Income “Overpaying” is defined as spending >30% of gross household income on housing costs. “Severely overpaying” is defined as spending >50% of gross household income on housing costs. Source: U.S. Dept. of Housing and Urban Development, CHAS data for Palm Desert, based on 2013-2017 ACS. For all income levels, the 2013-2017 CHAS Databook identifies 5,075 owner households and 4,560 renter households paying 30% or more for housing, for a total of 9,635 households overpaying for housing. Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for-sale and for-rent market housing was undertaken. Table III-44 illustrates that a moderate income household of four in Palm Desert is able to find rental housing well within its ability to pay, but cannot afford to buy a median priced home. The table demonstrates that while rental units are affordable to moderate income households in the City, purchased units may not be affordable to these households. TN/City of Palm Desert General Plan/Housing Element Housing Element III-85 Table III-44 Affordability of Housing, 2021 Type of Housing Cost Ownership Rental Median Single- Family Purchase Price $485,000 N/A Median Mortgage Costs (PITI) $2,780 N/A Rental Rate N/A $1,260 (median) $1,691 (3- bedroom) 30% of Moderate Household Income $2,259 $2,259 Affordability Gap $521 No Gap ($568-$999 positive) Regional Housing Needs Assessment Allocation The State and Southern California Association of Governments (SCAG) develop housing allocations for each Housing Element planning period. The Regional Housing Needs Assessment (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth of all income levels during the upcoming planning period. For the 2022-2029 planning period, Palm Desert’s share of the RHNA is 2,790 housing units, segmented into five income categories as shown below. Table III-45 RHNA by Income Category, 2022-2029 Units Extremely Low Income 337 Very Low Income 338 Low Income 460 Moderate Income 461 Above Moderate Income 1,194 Total Units Needed 2,790 TN/City of Palm Desert General Plan/Housing Element Housing Element III-86 Quantified Objectives Housing Element law requires the City to estimate the number of affordable units likely to be constructed, rehabilitated, or conserved/preserved, by income level, during the upcoming (2022- 2029) planning period. As shown in the following table, the City reasonably expects that 2,790 housing units will be provided through new construction, and 67 through conservation. Table III-46 Quantified Objectives Matrix, 2022-2029 Income Category Activity Extremely Low Very Low Low Moderate Above Moderate Total New Construction 337 338 460 461 1,194 2,790 Rehabilitation 67 67 Conservation 67 67 LAND INVENTORY The City’s Regional Housing Needs Assessment for the 2022-2029 planning period projects that a total of 2,790 housing units will be needed in the City. Of these, 1,194 will be for above moderate income households, and 461 will be for moderate income households. In addition, the City expects to conserve a total of 67 units affordable to low income households, and rehabilitate 67 units with substandard sanitary facilities (see Quantified Objectives, above). Above moderate income units are expected to be market-driven, single-family homes traditionally built in the City. More than adequate approved projects are available for above moderate units, as shown in Table III-48. Moderate income units are expected to be a combination of market rate rental units and assisted units, based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households, but ownership units are not. Two moderate income sites, shown with an asterix in Table III-47, are included in the Vacant Land Inventory to demonstrate that there is sufficient capacity for these units. The sites are identified as “DD” and “H” in the Table and on the land inventory map, and will result in 574 units, which exceeds the RHNA allocation of 461 units. Site DD (The Sands, described below) is entitled. Site H has completed a pre-application review, and is currently being processed. The remaining 1,135 housing units required for RHNA are for extremely low, very low, and low income households. The City has identified vacant land that will allow the development of 1,764 units for extremely low, very low and low income households, as shown in Table III-47. These lands include a combination of approved projects, projects currently being entitled, and vacant lands which all have the Housing Overlay District. TN/City of Palm Desert General Plan/Housing Element Housing Element III-87 Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element increased densities and provides for the redevelopment of the downtown, including the San Pablo area, with a particular focus on more urban housing environments in flanking neighborhoods. The Land Use Element also includes the University Park area, which is designed to accommodate higher density. Table III-47 lists the available vacant lands in the City by Assessor’s Parcel Number and provides the size of each parcel and the potential number of units that could be developed on each. All lands shown in the Table have all utilities available immediately adjacent to them, including water, sewer, electricity, and natural gas. As shown on the corresponding map, inventory lands are geographically distributed throughout the City and not concentrated in any areas. As such, they affirmatively further fair housing principles. Lands provided in the inventory have been calculated at a density of 15 to 20 23 units per acre. Assuming The density range assumes that 80% intensity will be achieved based on: an average unit size of 1,000 square feet, 28 units per acre can be achieved with 3-story buildings, which is the current height limit in the Planned Residential (PR) zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities in each of the zones. The most recent affordable housing projects built in the City were constructed at densities of 15 to 28 units per acre, including Carlos Ortega Villas, at 13 units per acre , and the City currently has entitled or proposed affordable housing projects at densities of 17.5 to 27 units per acre on parcels of 10 acres or more: • Tthe Sands, Site DD: 388 units on 17.5 acres (22/acre); • Pacific West, Site B, 270 269 units on 12 acres (23/acre); • Millennium private site, and 2 sites at Millennium, Site H, 330 units on 15 acres (22/acre), and • Millennium City site, Site C, 240 units on 10 acres, 24/acre). As described on page III-46, Infrastructure Requirements, water, sewer and dry utilities are all in place throughout the City, immediately adjacent to all the sites listed in Table III-47. The current pattern of projects being proposed in the City also shows that lLarge sites are not constrained from development, and are being developed currentlyas all four currently proposed projects listed here are on sites of 10 acres or larger. In addition, when the City adopted the Housing Overlay District, it placed it on all Inventory sites to increase capacity and allow higher densities on these properties. TN/City of Palm Desert General Plan/Housing Element Housing Element III-88 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Map Key Assessor’s Parcel No. GP Zoning (all HOD)** Acreage Allowable Density Realistic Density Potential Units Vacant Entitled Sites DD 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 78 DD* 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 310 E 694-520-013, - 014, -015, -017, -019 and -020 Small Town Neighborhood; Employment Center P.R.-19 8.05 19 18 21 Subtotal Entitled Sites 409 Vacant Sites in the Entitlement Process LL 627-122-013 and -003 Small Town Neighborhood R-2, HOD 1.43 3 to 10 20 28 B 694-310-006 Town Center Neighborhood P.R.-20 12 of 68.2 4 to 20 22.5 269 H 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 44 H* 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 286 C 694-120-0285 Town Center Neighborhood; Suburban Retail Center P.C.-(3), FCOZ 10 of 20.18 7 to 40 24 240 KK 622-370-014 Public Facility/Institu tional P 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 903 Vacant Sites A 685-010-005 Regional Retail P.C.-(3), P.C.D. 15 of 64.26 10 to 15 14 200 D 694-130-017 &- 018 Town Center Neighborhood P.R.-22 10.95 22 20 219 F 694-510-013 Town Center Neighborhood P.R.-22 16.32 22 20 326 PP 624-441-014 through -022 Small Town Neighborhood P.R.-6 1.31 3 to 10 8 10 QQ 624-440-032 through -036 Small Town Neighborhood P.R.-6 0.72 3 to 10 8 6 T 627-041-010 through 013, - 29, 031 - 033 Small Town Neighborhood/ Neighborhood Center R-3 1.36 7 to 40 15 20 Subtotal Vacant Sites 761 Total All Vacant Sites 2,093 * Moderate Income Site ** All sites in this Table have been assigned the Housing Overlay District. TN/City of Palm Desert General Plan/Housing Element Housing Element III-89 Commercial Designated Sites Sites C and A are proposed on lands currently designated for Planned Commercial. In the case of Site C, the land is owned by the City, and is currently under contract for development of 240 affordable housing units for very low and low income households (please see discussion below, Pending Projects). This site has the HOD overlay, which allows parking reductions and fee waivers for the development of affordable housing units. Site A is part of a larger holding owned by a private party. The developer is preparing a Specific Plan which will include a minimum of 200 units affordable to very low and low income households. The Specific Plan, as allowed by State law, will include site-specific zoning standards to allow the development of these units. The Specific Plan submittal is expected in 2021-2022. Small Sites As described below, Site LL is City-owned, and will be developed for 28 units affordable to very low and low income households. The City will consolidate the lots when development occurs. As shown in the Table, approximately 2,449 093 units could be constructed on lands which are currently available for multiple family residential development. As several of these sites are larger, Program 1.F has been provided to encourage the subdivision of these sites to facilitate multi-family development, even though currently proposed projects for affordable housing in the City are on sites of 10 to 15 acres. This inventory accommodates land needed for very low, low and moderate income households, although as described above, moderate income households can afford market rate rentals in the City currently. According to the Fair Housing analysis (see “Existing Affordable Housing Programs” section), the City has a low segregation level, no racially or ethnically concentrated areas of poverty, equal access to opportunity, and no disproportionate housing needs. The sites identified above will not exacerbate any such conditions. Pending Affordable Housing Developments The following affordable projects are either entitled or proposed and anticipated to be built during the planning period. Entitled Projects • The Sands Apartments (Site DD) on Hovley Lane is approved for a total of 388 multi- family rental units. Of those, 78 are required to be affordable for very low income households through an approved Development Agreement that requires that the units be deed restricted. The balance are expected to be market units which will be affordable to moderate income households. • Palm Desert 103 (Site E) will include 21 one and two-bedroom rental units reserved for moderate income residents required by conditions of approval, which require that the units be deed restricted. The project will be developed by a private party. • In May 2020, the City conveyed 14 vacant parcels on Merle Street to the Coachella Valley Housing Coalition (CVHC) for the development of 14 detached single-family, self-help ownership homes for very low and low income households. CVHC will deed restrict the homes when they are developed. These lots are shown on the inventory as sites PP and QQ. TN/City of Palm Desert General Plan/Housing Element Housing Element III-90 Projects Pending Entitlements • Sagecrest Apartments (Site LL) will be rebuilt into a minimum of 28 units for very low and low income households with the implementation of the Housing Overlay. The Housing Authority is currently seeking proposals for this project. This Housing Authority project is located at the corner of Santa Rosa and San Pasqual. The project will require a Precise Plan approval when the developer is selected. The units will be deed restricted for very low and low income households, and renters will be required to show proof of income. The DDA for the project includes a requirement that the units be built by 2024. • Pacific West (Site B) The Successor Agency to the Palm Desert Redevelopment Agency (SARDA) is under contract for the sale of 10± acres immediately east of the Sherriff’s station on Gerald Ford Drive, for the development of 270 269 units affordable to be deed restricted for very low and low income households. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. • Millennium Private site (Site H) will include 66 affordable rental units with 44 to very low and low income and 22 to moderate, within a 330 unit market rate/moderate income project on 10 acres. The affordability of the very low, low and moderate income units have been secured in an approved Development Agreement, and will require deed restrictions. The project is proposed by a private housing developer. The project is being designed, and a Precise Plan application is expected in October of 2021. • Millennium City site (Site C) The City is currently under contract for the development of 240 units affordable to very low and low income households on 10 acres of land. The units will be deed restricted. The project will be developed by a private housing developer on City land. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. • Arc Village (Site KK) will include 36 affordable rental units, including 32 one-bedroom units and 4 two-bedroom units, for special needs adults adjacent to the Desert Arc campus. The project will be developed by a private party. This project will require a Previse Plan application. These entitled and pending entitlement projects will result in a total of 716 units affordable to very low and low income households, and 596 units affordable to moderate income households. With completion of these projects, the City will need to accommodate an additional 419 units for very low and low income households, and would have an excess of 135 moderate income units when all entitled and pending entitlement sites in Table III-47 are developed. Table III-47 also shows that the City has capacity for 761 units on vacant sites, almost double the 419 needed during the planning period to complete the RHNA. Table III-48 provides a list of entitled projects which will be available for market housing, to accommodate the City’s RHNA for the above moderate income category. These projects include plans for single family homes, condominiums and townhomes, and apartments. These projects are TN/City of Palm Desert General Plan/Housing Element Housing Element III-91 in various stages of development. Dolce is under construction. Stone Eagle, Big Horn Mountains, Big Horn Canyon, and Ponderosa Homes lots are recorded and only single family building permits are required. In the case of Montage, the project was approved in May, 2021 and is currently proceeding to record the Tract Map and secure grading and building permits. In the case of University Park, Millennium Apartments, Ponderosa Apartments, Precise Plan applications are required to allow development. University Park, the Santa Rosa Golf Course, the Catavina site and Villa Portofino require further subdivision and Precise Plan approvals. The various stages of development allow for staged development throughout the planning period. Table III-48 Vacant Above Moderate Income Sites Map Key Project Name Remaining Lots Projected Units 1 Stone Eagle 25 25 2 Big Horn Mountains 10 10 3 Big Horn Canyon 31 31 4 University Park – Phase I 1,069 1,069 5 University Park – Phase II 1,291 1,291 6 University Park – Phase III 196 196 7 Millennium Apartments 330 264 8 Former Santa Rosa Golf Course 300 300 9 Former Catavina Site 159 159 11 Villa Portofino – Lot 1 145 145 12 GHA Montage 63 63 13 Ponderosa Homes 99 80 14 Ponderosa Apartments 140 140 15 Dolce 127 127 16 Monterey Ridge 202 202 Total Units 4,187 4,102 The map below provides the location of the sites shown in the inventory tables. TN/City of Palm Desert General Plan/Housing Element Housing Element III-92 TN/City of Palm Desert General Plan/Housing Element Housing Element III-93 PUBLIC PARTICIPATION The first workshop held for the Housing Element update was with the Palm Desert Housing Authority Housing Commission on January 6, 2021. The Commission’s discussion centered on the City’s RHNA, the sites on the inventory, and the provision of units for seniors. The Commissioners indicated that senior units were needed at affordable rents, and that the upcoming planning period seemed to be well planned for, given the projects that were moving forward. The City made concerted efforts to reach all segments of the population for input into the Housing Element update. On January 21, 2021, the City held a workshop for the community. A mix of affordable housing developers, public agencies, interested parties and individuals were invited via email. Formal invitations were sent to 21 organizations, including Habitat for Humanity, Community Housing Opportunities Corp., Lift to Rise, and the Coachella Valley Housing Coalition. In addition, the workshop was advertised on the City’s web site, and in the Desert Sun newspaper. Accommodation was provided for persons requiring hearing or visual assistance for the virtual workshop, although none was requested from participants. Seventeen (17) people attended, and had an active and productive conversation. The workshop began with a short presntation, but was structured as a conversation among attendees, so that they could speak freely about issues of concern. Affordable housing developers, including CVHC and CHOC, indicated a strong desire to work with the City on projects, and clearly expressed their concerns regarding the funding of projects, which require too many funding sources in recent years. Strong support was expressed for the City’s increased density to 40 units per acre. The City concurs with developers’ concerns about funding sources, and has included programs for projects in this Element where the City will leverage its land to help with private developers’ funding applications. However, because of the Legislature’s removal of housing set aside for affordable housing, the City’s participation in projects will be more limited during the planning period, and the City’s focus in programs has shifted to work with private parties to construct the required units. A City Council study session was held on March 25, 2021, to discuss the status of the Housing Element update and the recently adopted RHNA allocation. The City Council listened to a staff- led presentation, and asked questions about various projects and sites on the City’s inventory. The focus of development in the University Park area for student and faculty housing for the future expansion of the universities in this area was considered a top priority. The Housing Element was posted on the City’s website in June of 2021. The City also held an additional Study Session with the City Council on amendments to the Housing Element on September 9, 2021. Following that Study Session, the revised Draft Element was posted on the City’s website, and notices sent to community organizations, all of the participants in the City’s previous workshops, and all those to whom workshop invitations had been sent to invite comments on the revised Element, prior to its resubmittal to HCD. No comments were received during the comment period. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in ?? and ?? of 2021. TN/City of Palm Desert General Plan/Housing Element Housing Element III-94 GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City’s affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program 1.A The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period. • 21 units at Palm Desert 103 (Site E): annually contact the landowner and provide them with current City programs and incentives for the construction of the remaining units within the project. • 36 units at Arc Village (Site KK): continue to work with Desert ARC and affordable housing developers to secure funding for these units for developmentally disabled persons. The City will participate in the preparation of applications for State funding and reinstate funding assistance when an application is prepared. • 66 units at Millennium (Site F): the City will continue to work with the developer to process the pending entitlements and finalize the affordable housing covenants consistent with the existing Development Agreement. The City will annually contact the land owners, promote the projects to the development community, and continue to extend approvals, as appropriate, to implement these projects. Responsible Agency: Community Development Department and Housing Authority Schedule: 2022-2027Continuous as these projects move forward TN/City of Palm Desert General Plan/Housing Element Housing Element III-95 Program 1.B The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public-private partnerships, grants and third party funding for these projects, and density bonus incentives. • 240 units at Millennium City Site (Site C): the City shall enforce the terms of its existing agreement with the developer of this project, including maintaining project schedules and expediting processing of applications. A minimum of 15% of the units will be reserved for extremely low income residents. • 28 units at Sagecrest Apartments (Site LL): the City will complete the RFP process in 2022, and establish an agreement with the successful developer for construction of the units by 2025. A minimum of 15% of the units shall be reserved for extremely low income residents. • 270 269 units at Gerald Ford, west of Portola (Site B): the City will maintain the schedule established in the existing agreement with the developer, participate in funding applications, and participate in the funding through the existing land sale agreement, to reach completion of construction by 2024. SARDA will issue RFPs and secure developers for these project, and negotiate timelines for development of the units during the planning period. The City will also write letters of support and lobby in favor of funding for these projects where appropriate. Responsible Agency: Community Development Department and Housing Authority Schedule: As described above, 2022-2025 Program 1.C The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 200 units at Key Largo (Site A): the City will continue to work with the land owner in the completion of entitlement applications for the site, including the provision of Density Bonus incentives, fee waivers and other incentives as appropriate. • 78 units at the Sands (Site DD): the City will maintain contact with the land owner and participate in funding efforts as the developer applies for TCAC and other funds for the project. • 320 units within the University Neighborhood Specific Plan area (Site I/5): the City will maintain contact with the landowner and provide incentives, including Density Bonus and fee waivers, as appropriate, to encourage development of these properties for housing affordable to very low and low income households.. The City shall annually contact the owners/developers of these lands and review with them the incentives and financing options available through State and federal loan and grant programs, and local non-profit agencies to assure that all potential financial mechanisms are being considered for the project(s). The City will offer incentives, including Density Bonus, fee waivers and reduced building permit fees for those projects including a minimum of 15% of units affordable to extremely low income households. Responsible Agency: Planning Department Schedule: 2022-2029 TN/City of Palm Desert General Plan/Housing Element Housing Element III-96 Program 1.D The City shall continue to implement the Self Help Housing program when funds are available. The City will work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify funding and the location of these units. This includes the construction of the 14 homes on Merle, secured with CVHC. The City will implement the provisions of its agreement with CVHC to assure the completion of the 14 self-help units by 2024. Responsible Agency: Housing Authority Schedule: 2022-2024 for Merle lots, annually throughout planning period Program 1.E The City shall maintain its inventory of sites zoned for PR-20 or more, and R-3, and shall encourage the incorporation of extremely low, very low, low and moderate income housing units into these projects as they are brought forward. These sites are included in the Vacant Land Inventory (Table III-47), have been assigned the Housing Overlay District, and will be required, consistent with AB 330, to meet the densities cited in the Inventory. The City will post Table III- 47 on its website immediately upon adoption of the Element. The City shall, as part of its Annual Progress Report to HCD, analyze whether any Inventory site has been developed at a density less than that shown in Table III-47, and how any reduction was offset to assure that the City’s RHNA allocation can be met (no net loss). Responsible Agency: Planning Department. Schedule: As project applications are submitted2022 for posting of Table III-47, April of each year for Annual Progress Report. Program 1.F Although the affordable housing projects currently approved or being entitled in the City occur on parcels of 10 acres or more, tThe City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (50-100 units) as development proposals are brought forward. The City will discuss incentives available for land divisions (2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Program 1.G The City shall establish a pilot program to encourage development of ADUs and JADUs that are dedicated as affordable units and made available for rent to low-income households for at least 30 years. The City program could include an incentive such as floor area bonus for the property owner; reductions in building plan check fees, and/or inspection fees. TN/City of Palm Desert General Plan/Housing Element Housing Element III-97 Responsible Party: Planning Department Schedule: Develop and publish program on City website: 2021-2022, with regular Zoning Ordinance update Program 1.H The City shall establish an SB 35 planning application and process that contains the requirements of the law, the required objective development standards, and the processing requirements for these projects. Responsible Agency: Planning Department. Schedule: Fiscal Year 2021-2022 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The City shall consider CDBG funds for the Home Improvement Program for single family homes by providing grants and low interest loans to program participants, with a focus on the 67 units identified as having substandard kitchen and bath facilities, and continuing to refer residents to the existing HVAC replacement program offered by SCE. The HIP program will be provided to the extent that funding is available, to up to five eight households each year, and referrals made for the SCE replacement program as they are received, on average to 7 residents annually. Responsible Agency: Housing Authority Schedule: Annually as funds are availablewith adoption of CDBG program funding Program 2.B The City shall develop a program for homeowner assistance for the rehabilitation of older and substandard housing units. Funding sources to be considered include CDBG, HIP, and other programs as identified. Responsible Agency: Community Development Department Schedule: Annually as funds are available Policy3 The City shall preserve existing affordable housing units. Program 3.A The Housing Authority shall continue to subsidize affordable housing units it owns now and in the future using operating revenues. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3.B The Housing Authority shall maintain the existing resale restrictions and other subsidies on 301 ownership units. Responsible Agency: Housing Authority Schedule: Throughout the planning period TN/City of Palm Desert General Plan/Housing Element Housing Element III-98 Program 3.C The City will research and identify ownership of the 67 ownership units at risk of losing affordability covenants during or immediately following this planning period, and work with owners to extend these covenants. Incentives could include: • financial assistance for the extension of covenants. • Offer HIP major rehabilitation loans to homeowners to secure extended restrictions. Responsible Agency: Housing Authority Schedule: Throughout planning period, one year prior to covenant expiration Program 3.D The Housing Authority owns approximately 1,114 existing rental housing units and will strive to maintain its ownership and/or long term affordability of these units by a third party. Should the Housing Authority sell any of its properties, the sale will include a deed restriction assuring that the same affordability levels as occur prior to sale are maintained for a period of at least 55 years. Responsible Agency: Housing Authority Schedule: Annually in the Housing Authority Budget Program 3.E The City shall coordinatewill host meetings between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care, job training, vocational education, and similar programs into new affordable housing projects through direct contact with both parties. For on-site child care, the City shall consider allocation of the City’s Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Housing Authority, Community Development Department Schedule: As projects are proposed Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the Fair Housing Council of Riverside County, and shall maintain information at City Hall and affordable housing complexes. Brochures and flyers shall be available at Housing Authority properties, the Public Library, and City Hall, and at County social service agency offices in the City, in order to assure that they are available to all community members. Responsible Agency: City and Housing Authority Schedule: Brochures and flyers available at Housing Authority properties, Public Library, and CityBrochures updated and refilled as needed to assure they are always available. TN/City of Palm Desert General Plan/Housing Element Housing Element III-99 Program 4.B The City shall work with the Senior Center and other appropriate agencies in the housing of disabled residents. The City will annually train staff at the Senior Center and Housing Authority properties in the needs of disabled residents, the requirements of the Americans with Disabilities Act, and the City’s Reasonable Accommodation policy. Responsible Agency: Senior Center Schedule: Annually through staff training program Program 4.C The City shall meet with non-profit developers and other stakeholders annually to establish and implement a strategy to continue to provide housing affordable to extremely low-income households. The City shall also consider applying for State and federal funding specifically targeted for the development of housing affordable to extremely low-income households, such as CDBG, HOME, Local Housing Trust Fund program and Proposition 1-C funds to the extent possible. The City shall continue to consider incentives, such as increased densities, modifications to development standards, priority processing and fee deferrals as part of the financing package for projects which include extremely low income units. Responsible Agency: City Schedule: As projects are proposedIn conjunction with development of projects described in Programs 1.A through 1.C. Policy 5 The City shall strive to provide shelter for the homeless and persons with disabilities. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness with the CV Housing First program, through a collaborative approach of the Coachella Valley Homelessness Engagement & Action Response Team (CVHEART). Responsible Agency: City Manager’s Office Schedule: Annually in the General Fund Budget Program 5.B The City will continue to coordinate with the Inland Regional Center, Desert Arc and other appropriate agencies and organizations that serve the developmentally and physically disabled population. The City will continue to encourage developers to reserve a portion of affordable housing projects for the disabled, including those with developmental disabilities. The City will support funding applications for such projects, and will consider fee waivers and reductions when these projects are proposed. Housing Authority properties are one of the vehicles available to encourage rental to developmentally disabled individuals. Responsible Agency: Planning Department Schedule: As projects are proposed Program 5.C The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha’s Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services. Responsible Agency: Finance Department Schedule: Annually with CDBG funding cycle TN/City of Palm Desert General Plan/Housing Element Housing Element III-100 Program 5.D Review and revise, as necessary, the Zoning Ordinance to ensure compliance with Assembly Bill (AB) 101 as it pertains to Low Barrier Navigation Centers, and AB 139 as it relates to parking for emergency shelters being required for employees only. Modify the definition of “homeless shelter” to include Low Barrier Navigation Centersthis use. Responsible Agency: Planning Department Schedule: 2022-2023 at regular Zoning Ordinance update Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval, restrictive agreements or other means in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: City and Housing Authority Schedule: Annually with annual compliance plan review Policy 7 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 8 The City shall continue to address the needs of the senior population in development of housing. Program 8.A The City shall maintain the Housing Overlay District and Accessory Dwelling Unit standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Program 8.B The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Community Development Department Schedule: As projects are proposed Policy 9 The City shall implement the State’s density bonus law. Program 9.A Revise the Zoning Ordinance to ensure compliance with AB 2345State law as it pertains to density bonus requirements throughout the planning period. Responsible Agency: Community Development Department Schedule: at regular Zoning Ordinance update TN/City of Palm Desert General Plan/Housing Element Housing Element III-101 Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 11 The City shall promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (FEHA), Government Code Section 65008, and any other applicable state and federal fair housing and planning law. Program 11.A Maintain andContinue to provide multilingual brochures and informational resources to inform residents, landlords, housing professionals, public officials, and others relevant parties about fair housing rights, responsibilities, and services. Responsible Agency: Housing Authority Schedule: Ongoing Program 11.B Coordinate with SunLine Transit Agency to expand services that provide reliable transportation options to low income, disabled, senior, and other residents with limited access. Responsible Agency: Community Development Department Schedule: 2022-2029 Policy 12 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 12.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: Annual review with state General Plan report Program 12.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new housing projects to the greatest extent possible. Responsible Agency: Planning Department, Building Department, Public Works Department Schedule: As projects are proposed TN/City of Palm Desert General Plan/Housing Element Housing Element III-102 Appendix A Public Outreach Materials COMMUNITY WORKSHOP NOTICE CITY OF PALM DESERT HOUSING ELEMENT COMMUNITY WORKSHOP Thursday, January 21, 2021 – 3:00 p.m. A community workshop for the City’s Housing Element Update (2021-2029 planning period) will be held Thursday, January 21, 2021, at 3:00 p.m. via Zoom. At this workshop, the City will discuss background information regarding its upcoming Housing Element Update including new State Housing Element law, the 2021-2029 Regional Housing Needs Assessment (RHNA) allocation for the City and take public comments on the Update from those attending. All members of the public are encouraged to attend. The Housing Element is a series of goals, policies, and implementation measures for the preservation, improvement, and development of housing, which would apply throughout the City. It meets the requirements of the California Department of Housing and Community Development, and State law. To participate in the workshop via Zoom, please RSVP by email to eceja@cityofpalmdesert.org, by 10:00 a.m. on the day of the meeting (requests received after 10:00 a.m. on meeting day may not be processed). Specific questions regarding the workshop or Housing Element may be directed to Eric Ceja, Principal Planner, at (760) 346-0611 or eceja@cityofpalmdesert.org. The City of Palm Desert promotes fair housing and makes all programs available to low-income families and individuals, regardless of race, religion, color, national origin, ancestry physical disability, mental disability, medical condition, marital status, political affiliation, sex, age, sexual orientation or other arbitrary factor. AB 1486 - List of Developers that have notified the Department of Housing and Community Development of Interest in Surplus Land, Table Range A2:J486 Revised: 12/1/2020 County Organization CalHFA Certified Housing Sponsor?Address City State Zip Contact Phone Email Address RIVERSIDE COUNTY Green Development Company X 251 S Lake Ave #320 Pasadena CA 91105 Andrew Slocum (310) 467-9329 Andrew@greendev.co RIVERSIDE COUNTY A Community of Friends 3701 Wilshire Blvd, Ste 700 Los Angeles CA 90010 Mee Heh Risdon (213) 480-0809 mrisdon@acof.org RIVERSIDE COUNTY Affordable Homestead LLC 915 W Foothill Blvd Ste 488C Claremont CA 91711 William Leong (213) 375-8248 affordablehomestead@gmail.com RIVERSIDE COUNTY Bibi Foundation 1514 N. Raymond Ave Fullerton CA 92831 Riaz Chaudhary (714) 213-8650 Riaz@marrscorp.com RIVERSIDE COUNTY City Ventures, LLC 3121 Michelson Drive, Suite 150 Irvine CA 92612 Anastasia Preedge apreedge@cityventures.com RIVERSIDE COUNTY Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Indio CA 92201 Julie Bornstein (760) 347-3157 julie.bornstein@cvhc.org RIVERSIDE COUNTY Cypress Equity Investments 12131 Wilshire Blvd., Suite 801 Los Angeles CA 90025 Mike Diacos (310) 405-0314 mdiacos@cypressequity.com RIVERSIDE COUNTY Decro Corporation 3431 Wesley Street, Suite F Culver City CA 90232 Laura Vandeweghe (310) 595-4421 lvandeweghe@decro.org RIVERSIDE COUNTY Families Forward 8 Thomas Irvine CA 92618 Steven Moreno (949) 552-2729 smoreno@families-forward.org RIVERSIDE COUNTY Housing Innovation Partners 5151 Murphy Canyon Rd. #120 San Diego CA 92123 Jon Walters (619) 417-5361 jon@hipsandiego.org RIVERSIDE COUNTY Integrity Housing 4 Venture, Suite 295 Irvine CA 92618 Paul Carroll (949) 727-3656 paul@integrityhousing.org RIVERSIDE COUNTY Olivecs Foundation 328 E. Commonwealth Ave Fullerton CA 92832 Rubina Chaudhary (562) 972-2786 rubina@olivecs.org RIVERSIDE COUNTY The Kennedy Commission 17701 Cowan Ave. #200 Irvine CA 92614 Cesar Covarrubias (949) 250-0909 cesarc@kennedycommission.org RIVERSIDE COUNTY Universal Standard Housing 350 S Grand Avenue, Suite 3050 Los Angeles CA 90071 Eduardo Santana (213) 320-3554 esantana@ush.us RIVERSIDE COUNTY USA Properties Fund, Inc 3200 Douglas Blvd Ste 200 Roseville CA 95661 Gabriel Gardner (916) 239- 8458 ggardner@usapropfund.com RIVERSIDE COUNTY Workforce Homebuilders LLC 547 Via Zapata Riverside CA 92507 Tony Mize (951) 530-8172 tmize@workforcehomebuilders.com AFFORDABLE HOUSING DEVELOPERS National Community Renaissance 9421 Haven Aven., Rancho Cucamonga, CA 91730 CA Tony Mize, VP-Acquisitions 909-727-2783 tmize@nationalcore.org Lift To Rise 73-710 Fred Waring Dr. Suite 100, Palm Desert, CA 92260 CA 760-636-0420 info@lifttorise.org www.lifttorise.org Community Housing Opportunities Corporation 5030 Business Center Drive #260, Fairfield, CA 94534 CA Vince Nicholas Joy Silver Charles Liuzzo Yegor Lyashenko Minami Hachiya 707-759-6043 vnicholas@chochousing.org JSilver@chochousing.org CLiuzzo@chochousing.org YLyashenko@chochousing.org MHachiya@chochousing.org www,chochousing.org Coachella Valley Housing Coalition 45701 Monroe St, Indio CA 92201 CA Maryann Ybarra 760-347-3157 Maryann.Ybarra@cvhc.org www.cvhc.org Pacific West 430 E. State Street, Ste 100, Eagle, ID 83616 CA Darren Berberian 949-599-6069 DarrenB@tpchousing.com www.tpchousing.com Habitat for Humanity 72680 Dinah Shore Dr., #6, Palm Desert, CA 92211 CA 760-969-6917 www.hfhcv.org RIVERSIDE COUNTY Neighborhood Partnership Housing Services 9551 Pittsburgh Avenue Rancho Cucamonga CA 91730 Jenny Ortiz (909) 988-5979 jortiz@nphsinc.org RIVERSIDE COUNTY Habitat for Humanity for the Coachella Valley 72680 Dinah Shore Dr. #6 Palm Desert CA 92211 (760) 969-6917 executivedirector@hfhcv.org; info@hfhcv.org RIVERSIDE COUNTY Coachella Valley Association of Governments 73-710 Fred Waring Drive, Ste 200 Palm Desert CA 92260 Cheryll Dahlin Tom Cox (760) 346-1127 tcox@cvag.org RIVERSIDE COUNTY Lift to Rise 73-710 Fred Waring Drive, Suite 100 Palm Desert CA 92260 Araceli Palafox info@lifttorise.org Tuesday, January 12, 2021 at 08:21:03 Pacific Standard Time Page 1 of 2 Subject:Palm Desert Housing Element Update - Virtual Community Workshop No=ce - Join us! Date:Tuesday, January 12, 2021 at 8:19:19 AM Pacific Standard Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, esantana@ush.us <esantana@ush.us>, ggardner@usapropfund.com <ggardner@usapropfund.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, tmize@na=onalcore.org <tmize@na=onalcore.org>, JSilver@chochousing.org <JSilver@chochousing.org>, CLiuzzo@chochousing.org <CLiuzzo@chochousing.org>, YLyashenko@chochousing.org <YLyashenko@chochousing.org>, MHachiya@chochousing.org <MHachiya@chochousing.org>, Maryann.Ybarra@cvhc.org <Maryann.Ybarra@cvhc.org>, DarrenB@tpchousing.com <DarrenB@tpchousing.com>, jor=z@nphsinc.org <jor=z@nphsinc.org>, execu=vedirector@h_cv.org <execu=vedirector@h_cv.org>, info@h_cv.org <info@h_cv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@li‘torise.org <info@li‘torise.org>, VNicholas@chochousing.org <VNicholas@chochousing.org>, Eric Ceja <eceja@cityofpalmdesert.org>, jgonzales@cityofpalmdesert.org <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com>, Bi=an Chen <bchen@terranovaplanning.com> ADachments:image001.png Page 2 of 2 Name Organization Email Jann Bueller City's Housing Commission jannb774@gmail.com Taylor Varner Libolt Lift to Rise taylor@lifttorise.org Melody Morrison tallgirlof3@gmail.com Donna ault City's Housing Commission donnaault@msn.com Dennis City's Housing Commission guinawcd@gmail.com Habitat for Humanity executivedirector@hfhcv.org Joy Silver Communities Housing Opportunities Corporation JSilver@chochousing.org Tony Mize National Core tmize@nationalcore.org Emilia Mojica Coachella Valley Housing Coalition Emilia.Mojica@cvhc.org Slawomir Rutkowski Coachella Valley Housing Coalition Slawomir.Rutkowski@cvhc.org Anna Tellez Coachella Valley Housing Coalition Anna.Tellez@cvhc.org Sheila McGrath Coachella Valley Housing Coalition Sheila.McGrath@cvhc.org Gretchen Gutierrez Desert Valley Builders Associations gg@thedvba.org Housing Element Workshop RSVP List - January 21, 2021 PALM DESERT HOUSING ELEMENT UPDATE Background and Requirements §The Housing Element is one of the Elements required in our General Plan §It is the only Element that must be updated on a regular schedule. §Upcoming planning period: 2022-2029 §The purpose of the Housing Element is to assure that the City facilitates the development of housing for all economic and social segments within the community. §The City has a long history of actively participating in the development of affordable housing, and currently owns 1,127 affordable housing units. About Palm Desert §Current Population: 52,986 §Median Age: 53.0 years §Households: 24,114 §Median Household Income: $57,578 (below the County median of $66,964) §21,933 residents work (41% of the population) §Management (36%) §Service (25%) §Sales and office (28%) §39.6% of residents work in the City About Palm Desert §Median housing value is $335,400 §Median rent is $1,260 §959 housing units are overcrowded §218 overcrowded units are owner-occupied. §741 overcrowded units are renter-occupied. §9,635 households are overpaying for housing (more than 30% of income) §3,040 lower income owners are overpaying §3,860 lower income renters are overpaying Regional Housing Need Allocation (RHNA) RHNA by Income Category, 2022-2029 RHNA Allocation Extremely Low Income 336 Very Low Income 337 Low Income 459 Moderate Income 460 Above Moderate Income 1,191 Total Units 2,783 January 6, 2021 Looking to the Future §There are several projects in development that will come forward in the 2022-2029 planning period: §270±units are in early development stages for 10 acres owned by the SARDA. §200±units are in early development stages on 10 acres owned by the City at Dinah Shore and Portola. §Minimum 28 units units at Sagecrest Apartments, at the corner of Santa Rosa and San Pasqual. §384 units next to Canterra Apartments, 61 of which will be reserved for low income households. §200±units at Dinah Shore and Key Largo, as part of a larger Specific Plan being prepared by a private developer. §14 self help ownership units on Merle, near Cook Street, through the Coachella Valley Housing Coalition. §The City will continue to work with the development community to facilitate additional projects as they are proposed. January 6, 2021 Available Sites January 6, 2021 §The City needs to identify sites for 1,592 units for very low, low and moderate income households. §The City has identified sites for 1,973 units for these income levels. §The City has approved projects which will provide 4,405 above moderate income units. Next Steps §The Housing Element Draft will be completed in early spring, and submitted to the State for review. §Planning Commission and City Council hearings are expected in late summer of 2021. January 6, 2021 Discussion §We want your input. Please give us your feedback. January 6, 2021 Wednesday, September 1, 2021 at 15:47:59 Pacific Daylight Time Page 1 of 3 Subject:Palm Desert Housing Element Study Session Date:Friday, August 27, 2021 at 2:44:30 PM Pacific Daylight Time From:Kimberly Cuza <kcuza@terranovaplanning.com> To:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:Andrew@greendev.co <Andrew@greendev.co>, mrisdon@acof.org <mrisdon@acof.org>, affordablehomestead@gmail.com <affordablehomestead@gmail.com>, mdiacos@cypressequity.com <mdiacos@cypressequity.com>, Riaz@marrscorp.com <Riaz@marrscorp.com>, tmize@workforcehomebuilders.com <tmize@workforcehomebuilders.com>, ggardner@usapropfund.com <ggardner@usapropfund.com>, esantana@ush.us <esantana@ush.us>, cesarc@kennedycommission.org <cesarc@kennedycommission.org>, apreedge@cityventures.com <apreedge@cityventures.com>, julie.bornstein@cvhc.org <julie.bornstein@cvhc.org>, lvandeweghe@decro.org <lvandeweghe@decro.org>, smoreno@families-forward.org <smoreno@families-forward.org>, jon@hipsandiego.org <jon@hipsandiego.org>, paul@integrityhousing.org <paul@integrityhousing.org>, rubina@olivecs.org <rubina@olivecs.org>, tcox@cvag.org <tcox@cvag.org>, tmize@naWonalcore.org <tmize@naWonalcore.org>, JSilver@chochousing.org <JSilver@chochousing.org>, Charles Liuzzo <cliuzzo@chochousing.org>, Yegor Lyashenko <YLyashenko@chochousing.org>, Minami Hachiya <MHachiya@chochousing.org>, Maryann Ybarra <maryann.ybarra@cvhc.org>, Darren Berberian <DarrenB@tpchousing.com>, jorWz@nphsinc.org <jorWz@nphsinc.org>, execuWvedirector@h\cv.org <execuWvedirector@h\cv.org>, cdahlin@cvag.org <cdahlin@cvag.org>, info@li]torise.org <info@li]torise.org>, Info HFHCV <info@h\cv.org>, Vince Nicholas <VNicholas@chochousing.org>, Eric Ceja <eceja@cityofpalmdesert.org>, Jessica Gonzales <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com>, BiWan Chen <bchen@terranovaplanning.com>, Cynthia Michaels <cmichaels@terranovaplanning.com>, jannb774@gmail.com <jannb774@gmail.com>, taylor@li]torise.org <taylor@li]torise.org>, tallgirlof3@gmail.com <tallgirlof3@gmail.com>, donnaault@msn.com <donnaault@msn.com>, guinawcd@gmail.com <guinawcd@gmail.com>, execuWvedirector@h\cv.org <execuWvedirector@h\cv.org>, JSilver@chochousing.org <JSilver@chochousing.org>, tmize@naWonalcore.org <tmize@naWonalcore.org>, Emilia.Mojica@cvhc.org <Emilia.Mojica@cvhc.org>, Slawomir.Rutkowski@cvhc.org <Slawomir.Rutkowski@cvhc.org>, Anna.Tellez@cvhc.org <Anna.Tellez@cvhc.org>, Sheila.McGrath@cvhc.org <Sheila.McGrath@cvhc.org>, gg@thedvba.org <gg@thedvba.org> AJachments:image.png, PD HE Study Session NoWce.jpg As a participant in our community workshops for the City of Palm Desert’s Housing Element Update, we wanted to let you know of this upcoming Study Session. The Study Session will be a presentation followed by Planning Commission and City Council comments and questions, and we hope that you can attend and listen in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September 10th through September 24th. We invite you to provide comments on the Element through this portal: Housing Element | City of Palm Desert Page 2 of 3 Page 3 of 3 Friday, September 3, 2021 at 13:49:22 Pacific Daylight Time Page 1 of 2 Subject:Palm Desert Housing Element Study Session Date:Friday, September 3, 2021 at 1:48:29 PM Pacific Daylight Time From:Kimberly Cuza <kcuza@terranovaplanning.com> BCC:josieare@gmail.com <josieare@gmail.com>, info@pdacc.org <info@pdacc.org>, gg@thedvba.org <gg@thedvba.org>, Jessica Gonzales <jgonzales@cityofpalmdesert.org>, Nicole Criste <ncriste@terranovaplanning.com> AEachments:image001.jpg, image002.jpg As a participant in our community workshops for the City of Palm Desert’s Housing Element Update, we wanted to let you know of this upcoming Study Session. The Study Session will be a presentation followed by Planning Commission and City Council comments and questions, and we hope that you can attend and listen in. Following the Study Session, the City will post the revised Housing Element on its website for public comment, from September 10th through September 24th. We invite you to provide comments on the Element through this portal: Housing Element | City of Palm Desert Page 2 of 2 Friday, September 10, 2021 at 15:13:32 Pacific Daylight Time Page 1 of 2 Subject:FW: Screen Shot of Housing Element Website Update Date:Friday, September 10, 2021 at 3:10:10 PM Pacific Daylight Time From:Nicole Criste <ncriste@terranovaplanning.com> To:Kimberly Cuza <kcuza@terranovaplanning.com> ABachments:image001.jpg, image002.png, image003.jpg, image004.jpg, image005.jpg For PDHE Appendix Nicole Sauviat Criste Principal TERRA NOVA PLANNING & RESEARCH, INC.® 42635 Melanie Place, Ste 101 PALM DESERT, CA. 92211 (760) 341-4800 FAX#: 760-341-4455 E-Mail: ncriste@terranovaplanning.com From: "eceja@cityofpalmdesert.org" <eceja@cityofpalmdesert.org> Date: Friday, September 10, 2021 at 2:54 PM To: Nicole Criste <ncriste@terranovaplanning.com> Cc: "jgonzales@cityofpalmdesert.org" <jgonzales@cityofpalmdesert.org> Subject: Screen Shot of Housing Element Website Update AVached is the screenshot for the HE website update. Page 2 of 2 Thanks, Eric Ceja Deputy Director of Development Services Ph: 760.346.0611 Direct: 760.776.6384 eceja@cityofpalmdesert.org www.cityofpalmdesert.org Install the Palm Desert In Touch app to stay in touch with your community Android Apple Mobile Web CHAPTER 8: SAFETY GENERAL PLAN | 109 8. SAFETY Overview The City of Palm Desert strives to maintain a high level of safety and to respect the natural setting of the community, while meeting the needs of residents, a thriving economy, and critical government functions. This element identifies priority public safety issues in Palm Desert and addresses potential hazards to people and property. Issues in this element include both natural and human-caused hazards. Goals, policies and actions in the Safety Element seek to enhance the safety of the community and foster long-term resilience to potential hazards. Statutory Requirements California law (Government Code Section 65302(a)) requires that a city’s general plan include: “a safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence… and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes …peak load water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.” As required by state law, the Safety Element identifies forces of nature and events resulting from human action that have the potential to cause harm to life and property in the city. Identifying the source of such threats allows decision-makers to take preemptory action to minimize the damage, particularly as it relates to new development projects. In addition to State-mandated components, the Safety Element builds on the previous General Plan to emphasize the importance of police services and personal safety. This element presents existing conditions relative to public safety in Palm Desert and is organized to address the following six priority safety issues required by state law and identified by the City’s (2017) Local Hazard Mitigation Plan: • Seismic and geologic hazards • Flooding • Extreme weather • Fire Palm Desert is known for high quality emergency services CHAPTER 8: GENERAL PLAN 110 | CITY OF PALM DESERT • Emergency preparedness • Human-caused and other hazards The Safety Element is consistent with and supports the other General Plan elements. The elements of the General Plan that most closely correlate to the Safety Element are the Land Use and Community Character Element, Public Utilities Element, Mobility Element, Housing Element, and Environmental Resources Element. While the Safety Element has a less direct relationship with the remaining General Plan elements, each element is important and collectively supports a comprehensive framework for Palm Desert’s future. Context The Safety Element addresses a broad range of issues and hazards that affect the community and residents of Palm Desert. Hazards and strategies from the Local Hazard Mitigation Plan (LHMP)1, Multi-Jurisdictional Hazard Mitigation Plan (MJHMP)2, Riverside County Unit Fire Plan, and Emergency Operations Plan (EOP) provide a foundation for policy development in this element. The Safety Element also reflects technical information on the extent and scope of hazards, as described in the City of Palm Desert Existing Conditions Report (2015). Relevant sections in the report include Section 7 (Geology and Soils), Section 8 (Hazards and Hazardous Materials), Section 9 (Hydrology and Water Quality), and Section 15 (Public Services, Utilities, and Recreation). These sections provide technical information on hazards, in addition to context regarding the local, state and federal regulatory framework. Related Plans The Safety Element supports and integrates several key plans that identify the City’s approach to assess and reduce risks from hazards. In addition to local plans and ordinances, several state and federal policies and programs shape the City’s approach to hazard mitigation. Two key local plans present programs and implementation strategies to assess and respond to hazards. The Local Hazard Mitigation Plan (LHMP) analyzes potential hazards in Palm Desert. Included in the LHMP is a comprehensive risk assessment that meets the requirements of the Disaster Mitigation Act (DMA) of 2000. The DMA requires local governments to prepare plans that identify hazards and risks in a community and to create appropriate mitigation. Additionally, the City maintains an Emergency Operations Plan (EOP) as a framework for implementation of the California Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The EOP facilitates multi-agency and multi- jurisdictional coordination for emergency operations across the region and state. The City of Palm Desert is also a participant in the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) (Riverside County 2018). The County LHMP identifies the hazards, reviews and assesses past disaster occurrences, estimates the probability of future occurrences, and sets goals to 1 2017 Local Hazard Mitigation Plan, prepared by Eric Cadden, City of Palm Desert, 5/1/2017 https://www.cityofpalmdesert.org/our-city/departments/risk- management/emergency-services-/disaster-preparedness/local-hazard-mitigation- plan 2 County of Riverside Multi-Jurisdictional Local Hazard Mitigation Plan, July 2018 https://www.rivcoemd.org/LHMP Protecting community well-being and health remains a high priority for Palm Desert CHAPTER 8: SAFETY GENERAL PLAN | 111 mitigate, reduce or eliminate long-term risk to people and property from natural and man-made hazards in the county and participating jurisdictions, including Palm Desert. As a contract city that receives fire services from Riverside County, which contracts with the California Department of Forestry and Fire Protection (Cal FIRE). The City’s fire response and preparedness planning is contained in the Riverside County Fire Department Strategic Plan3 prepared by the County and Cal FIRE. This plan outlines the activities necessary to reduce total government costs and citizen losses from wildland fires. A key component of this protection of assets at risk through focused pre-fire management prescriptions and increasing initial attack success. In addition, the City has adopted the California Fire Code with some adoptions within Chapter 15.264 of the Palm Desert Municipal Code. The adoptions within this Chapter are associated with local climatic, geologic, and topographical conditions within the City. Natural Hazards Seismic and Geologic Hazards Palm Desert is in a region bordered by mountain ranges on three sides. According to the state mapping of fault zones, pursuant to the Alquist-Priolo Earthquake Fault Zoning Act of 1972 (Public Resources Code Sections 2621–2630), the city and the sphere of influence (SOI) are not located in an active fault zone. Nonetheless, the area is bordered by three active faults. The closest fault to the community is the San Andreas Fault, located approximately four miles to the north. Other nearby faults include the San Jacinto Fault, located approximately 10 miles to the southwest, and the Elsinore Fault, located approximately 30 miles to the southwest. Figure 8.1 presents fault lines near Palm Desert and the sphere of influence. Fault rupture is a primary seismic hazard that describes the sudden release of energy which results from the sliding of one part of the earth’s crust past another. An earthquake, or ground shaking, is another type of primary seismic hazard. Thousands of earthquakes occur frequently in Southern California each year, although most do not cause significant damage or affect communities. The most recent earthquake in the Coachella Valley occurred on October 16, 1999, and registered as a magnitude (M) of 7.1. Relatively negligible damage was reported from the earthquake because of the epicenter’s remote location. Six major seismic events (magnitude 5.9 or greater) have been recorded in the Coachella Valley region in the past 100 years, with none occurring in Palm Desert (SCEC 2014). Although no active faults run through the community, Palm Desert’s soils and geologic characteristics result in other potential secondary seismic hazards. Due to a combination of steep slopes, unstable terrain, and proximity to earthquake faults, the southwestern portions of the city and the SOI are susceptible to landslide risks ranging from moderate to very high. Areas susceptible to landslide are shown in Figure 8.2. Susceptible areas include those identified in the Land Use and Community 3 California Department of Forestry and Fire Protection, Riverside County Fire Department Strategic Plan 2009-2029, http://rvcfire.org/stationsAndFunctions/AdminSppt/StrategicPlanning/Documents/St rategicPlan2009.pdf 4 Palm Desert Municipal Code, http://www.qcode.us/codes/palmdesert/view.php?topic=0&frames=off The San Andreas Fault located in close proximity to Palm Desert Terrain and steep slopes within Palm Desert CHAPTER 8: GENERAL PLAN 112 | CITY OF PALM DESERT Character Element for development of new buildings and structures. As of 2015, no recent landslides had been reported in Palm Desert or the SOI. Local soil and fault characteristics also result in the potential for liquefaction. Liquefaction is the loss of soil strength caused by a sudden increase in pore water pressure during shaking and is one of the most destructive secondary effects of seismic shaking. The California Geological Survey does not identify liquefaction- susceptible areas for Palm Desert. However, the Riverside County Land Information System (Riverside County 2014) identifies that the majority of the city and the entire northern portion of the SOI are susceptible to moderate liquefaction potential. CHAPTER 8: SAFETY GENERAL PLAN | 113 Figure 8.1 Faults and Fault Zones in Palm Desert CHAPTER 8: GENERAL PLAN 114 | CITY OF PALM DESERT Figure 8.2 Landslide Susceptibility CHAPTER 8: SAFETY GENERAL PLAN | 115 Wind Erosion Erosion is a normal geologic process whereby earth materials are loosened, worn away, decomposed, or dissolved and are removed from one place and transported to another. The City of Palm Desert and the SOI face exposure to potential erosion hazards due to wind. The geologic orientation of the hills and mountain ranges throughout the community provide little resistance to air flow down the Coachella Valley, resulting in increased rates of erosion. For example, the narrow San Gorgonio Pass actually accelerates the wind speed and further increases erosion rates. Other factors in the community exacerbate the potential for wind-blown sand hazards. Local bedrock is characterized by granite and metamorphic rock types, which are easily transported by the wind. Wind-blown hazards also follow slope and floodplains. Due to sparse desert vegetation, little groundcover exists to hold materials in place (County of Riverside 2000). As shown in Figure 8.3, the greatest areas of potential wind-blown hazards are located alongside the sand dunes on Highway I-10 and the Whitewater River. CHAPTER 8: GENERAL PLAN 116 | CITY OF PALM DESERT Figure 8.3 Wind Erosion Hazard CHAPTER 8: SAFETY GENERAL PLAN | 117 Flooding Flooding hazards in Palm Desert can result from stormwater flows and flash runoff from the Indio Hills and the foothills of the San Jacinto and San Bernardino Mountains. The threat of localized flash flooding is especially high during summer storms due to the high intensity and shorter duration of rainfall. Palm Desert has a history of flood events. Recent regional occurrences include the Riverside County floods in 1998 that resulted in reported damage of over $12 million. Locally, smaller flood incidents have also occurred in Palm Desert. Previous local events in Palm Desert include flash floods that occurred in 1998, in addition to flooding from Tropical Storms Kathleen and Doreen in 1976 and 1977 that caused extensive flood damage throughout the city (Riverside County 2012, City of Palm Desert 2017). In 2015, the Palm Desert Country Club neighborhood in the City experienced temporary flooding from an isolated high wind/storm event, with damages mainly from high winds and falling trees. Nonetheless, reported damages from these flood events in Palm Desert are low and far less extensive than the reported damages from the countywide floods of 1998. Areas of Palm Desert and the SOI are subject to inundation from flooding. The Federal Emergency Management Agency’s (FEMA’s) Digital Flood Insurance Rate Map (2017) identifies the following flood hazard zones: Zone A/AE/AO—100-year floodplain, designating a 1 percent or greater chance of flooding in a given year, with base flood elevations undetermined, determined, or 1- 3 feet average depth and Zone X—500-year floodplain, designating a 0.2 percent or greater chance of flooding in a given year; areas of average depths of less than 1 feet or with drainage areas less than 1 square miles; and areas protected by levees from 1 percent annual chance flood. North of Interstate 10, the majority of the northern portion of the SOI is within the 100- or 500-year flood zone. Additional 100- and 500-year flood zones are present throughout the southern City along the Whitewater River and its tributaries such as the Palm Valley System. The majority of the community south of the Whitewater River, however, are areas with reduced risk due to levee or not within any flood hazard zones. Figure 8.4 depicts the flood hazard zones in the City and SOI. Existing development in the 100-year flood zones are mainly located between Interstate 10 and Washington Street in the northern SOI. Part of the Palm Springs RV Resort and some commercial uses are located in the 100-year flood plain. There are existing residential and commercial development within the 500-year flood zones. The majority of Sun City Palm Desert, a retirement community in the northern SOI, are located in the 500-year flood zone. Several commercial plazas and single-family residences near Highway 111 in the western City are also located in the 500-year flood zone. Applications for development in Special Flood Hazard Areas (SFHAs) are subject to Palm Desert Municipal Code Title 28, Flood Damage Prevention. Title 28 defines SFHAs as an area in the floodplain subject to a one percent or greater chance of flooding in any given year, which corresponds to Zone A/AE/AO in figure 8.4. This title requires an applicant to obtain a development permit before construction or other development begins in any area of special flood hazard. Chapter 28.10 sets CHAPTER 8: GENERAL PLAN 118 | CITY OF PALM DESERT provisions for flood hazard reduction, including standards of construction, for utilities, subdivisions, manufactured homes and recreational vehicles. While areas of community flood exposure are indicated by designated flood zones, other areas of Palm Desert are also susceptible to other types of localized flood risks. Stormwater runoff or the failure of infrastructure can result in additional flood events, both within and outside of designated flood zones. Stormwater drainage in Palm Desert is approaching the end of its useful life. Existing stormwater infrastructure throughout the Coachella Valley is more than 100 years old, requiring replacement to control groundwater levels and safely facilitate percolation of stormwater. As the community continues to urbanize, the need for improved stormwater infrastructure will increase. The possibility of dam failure poses additional potential flood hazards to Palm Desert. Although no dams or reservoirs are located in the community or SOI, the city is within the potential inundation area of the Wide Canyon Flood Control Dam. While the city is not expected to be impacted directly by a seiche, or wave, from the dam, Palm Desert is subject to potential flood hazards if the dam were to fail. Constructed in 1968 and located in Fun Valley, the dam has the potential to inundate not just Palm Desert but also other portions of the Coachella Valley. CHAPTER 8: SAFETY GENERAL PLAN | 119 Figure 8.4 FEMA Flood Zones CHAPTER 8: GENERAL PLAN 120 | CITY OF PALM DESERT Fire Palm Desert and the SOI are exposed to fire-related hazards from two potential sources: wildfires and fires that occur in urban settings. Fire hazards are highest in areas of the community near the wildland-urban interface (WUI). The WUI refers to areas where development abuts areas of wilderness or landscapes with higher fuel loads. Although Palm Desert does not have record of any reported fire incidents, the Riverside County LHMP indicates that from 2001 to 2017, at least 88 large fires (300 acres or greater in size) were reported in the county. Figure 8-5 presents the fire hazard severity zones in the City of Palm Desert and SOI. The California Department of Forestry and Fire Protection (Cal Fire) classified fire hazard severity zones based on fuel load, terrain, weather, and other relevant factors. The mapping also involved an extensive local review process, including by the Riverside County Fire Department based on an assessment of vegetation, slope, fire history, weather patterns, and the effects of flames, heat and flying fire embers. Collectively, areas designated in the fire hazard severity zones on Figure 8.5 face the highest risk of wildfires. Areas of local and state responsibility in these fire hazard severity zones are shown in Figure 8.5. All areas of the community in Very High Fire Hazard Severity Zone (VHFHSZ) and High Fire Hazard Severity Zone (HFHSZ) are located in the southern areas of the city and the SOI, with very limited VHFHSZ and HFHSZ in SRAs along the city’s urban edge (Cal Fire 2020). Within the city limits, the VHFHSZ overlaps minimally with some single-family residences on Canyon View Drive and Desert Vista Drive; however, there is no developable land in the VHFHSZ as it contains marginal hillside area behind single family residences and does not have any development potential. The small area of HFHSZ within the city limits covers undeveloped desert land and an aboveground water tank and has no development potential. Currently, the main evacuation route in the area is via Canyon View Drive, which will lead to Portola Avenue and Highway 74. A secondary evacuation route is available at the eastern end of Ridge View Way, via an access road along the eastern boundary of the Ironwood Country Club, to continue north or east into the roadway network. These areas that encroach into SRA/VHFHSZ within the city meet the minimum standard of two emergency evacuation routes as established in Government Code Section 65302.g. In the SOI, some single-family homes in Cahuilla Hills west of Highway 74 are located within the VHFHSZ, and some are limited to one local street leading to Highway 74 as an evacuation route. As urbanization expands south of Highway 111 in the southern portion of the SOI, the community will face heightened exposure to areas vulnerable to wildfire hazards. Increased infill and nonresidential development in the city can also increase the probability of urban fires due to increased potential for hazardous materials accidents, arson or other hazard events. Five federal agencies are responsible for wildland fire management—U.S. Forest Service, the Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, and National Park Service. Both state and local codes regulate the abatement of fire-related hazards. The California Health and Safety Code includes requirements for local jurisdictions to adopt and enforce the Uniform Building Code, including fire-related construction methods and exterior design measures. Special standards apply to structures in the state’s designated fire hazard severity zones. CHAPTER 8: SAFETY GENERAL PLAN | 121 California Government Code Section 51182 further requires maintenance of defensible space of 100 feet from each side of a structure. The City of Palm Desert has incorporated state requirements with adoption of the 2019 edition of the California Building Standards Code, including the California Fire Code by reference in Municipal Code Title 15, Building and Construction. The state’s fire hazard severity zones shown in Figure 8.5 are incorporated and established in Palm Desert Municipal Code Section 15.26.010, supporting the City’s ability to enforce state standards applicable to areas of higher risk. CHAPTER 8: GENERAL PLAN 122 | CITY OF PALM DESERT Figure 8.5 Fire Hazard Severity Zones CHAPTER 8: SAFETY GENERAL PLAN | 123 Extreme Heat The climate in Palm Desert is hot and arid. Exposure to extreme heat or extended periods of high temperatures results in a variety of health effects, including increased heat-related mortality (Chestnut et al. 1998; Medina-Ramon et al. 2006). Because of a changing climate, Palm Desert is anticipated to experience increasing levels of heat. By 2100, the Riverside County region is anticipated to experience an increase ranging from 4.3°F to 8.7°F (Scripps Institution of Oceanography 2018). Similarly, Palm Desert is anticipated to experience an increase in the number of days when temperature exceeds 112.1°F, the local threshold for extreme heat. While Palm Desert’s historic number of extreme heat days through 2011 was four occurrences per year, by 2050 the number of extreme heat days could increase to 56 per year, on an average of 21 to 25 (Scripps Institution of Oceanography 2009 & 2018). Increased heat, when combined with drought and high winds, can exacerbate wildfire risk in and around Palm Desert. Climate Change Impacts and Adaptation As described in Chapter 6 Environmental Resources and above, climate change can have widespread impacts at different levels on the community. Climate change impacts temperature, precipitation and other natural processes, thus potentially affecting natural hazards including wildfire, flood, and extreme weather. Similar to the state trend, the projections show little variation in total annual precipitation in Palm Desert throughout this century. Palm Desert had an average annual rainfall of 3.8 inches during 1961 to 1990, which is almost 79 percent less than the average in California. Average rainfall in Palm Desert is predicted to increase up to 0.1 inches, with a 0.051 inches to 0.099 inches increase in maximum one-day precipitation throughout the century. These projected changes in precipitation are not expected to have a significant impact on Palm Desert compared to the current conditions. However, the maximum length of dry spell (days with precipitation < 1 mm) is projected to increase by 8 to 13 days in mid-century (2035- 2064), which can further drought and related hazards including wildfire. Human-Caused and Other Hazards Hazardous Materials A hazardous material is any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released. Hazardous materials include, but are not limited to, hazardous substances, hazardous wastes, and any material that a business or local implementing agency has a reasonable basis to believe would be injurious to the health and safety of persons or would be harmful to the environment if released. While Palm Desert has nonresidential land uses, it has very few generators of hazardous or toxic materials. Potential uses associated with possible hazardous materials production may include commercial, quasi-industrial or medical operations. The city and SOI have one abandoned hazardous waste site that is designated by the US Environmental Protection Agency (EPA) as a Superfund site (EPA 2014). The site, Enfield Chemical, is located at 77539 Enfield Court, just south of CHAPTER 8: GENERAL PLAN 124 | CITY OF PALM DESERT I-10 in Palm Desert. Although listed as a Superfund site, this site is not on the EPA National Priority List for cleanup, and only requires site cleanup and material removal. The potential for exposure to potentially hazardous materials in Palm Desert results primarily from the transport of hazardous materials. As of 2015, one registered transporter of hazardous materials is located in the community. In addition, major transportation corridors such as I-10 may be used to transport hazardous materials; accidents could result in release of hazardous materials. Major natural gas transmission lines provide another potential source of hazardous materials exposure. As of 2012, transmission lines for natural gas run parallel approximately two miles north of I-10 and transmission lines for hazardous liquid are located along the I-10 corridor (PHMSA 2012). The City jointly participated with Riverside County and other jurisdictions to adopt the Riverside County Hazardous Waste Management Plan. The plan supports the safe management of hazardous materials and waste products with identification of types of wastes and programs to manage them. Airport Operations Hazards Hazards from airports can result from accidents during takeoff and landing. Airports can also pose issues associated with land use incompatibilities. Bermuda Dunes Airport is the closest airport to the city and is located within the SOI. This privately owned public use airport encompasses over 90 acres. For the 12-month period ending April 30, 2014, the airport had approximately 27,000 aircraft flights at an average of 74 per day. Terrorism and Civil Disturbances Numerous targets and locations for potential terrorist and civil disturbances are present throughout California and Riverside County. Areas that may serve as targets include government facilities, schools, religious institutions, gathering places (for example, shopping centers, entertainment venues), medical clinics, utility infrastructure, transportation infrastructure, water storage facilities, locations of high-profile individuals, and financial institutions. Palm Desert contains potential target locations such as these and is regionally located near others. The Riverside County Emergency Management Office is actively involved with planning for terrorism and other human-caused events. Due to the sensitive nature of these threats, they are not addressed in extensive detail in this public document. Critical Facilities Critical facilities provide essential community functions that the City has prioritized as meriting additional attention for emergency preparation. These can include both public and private assets. Critical facilities identified in the City’s LHMP include City Hall, local fire stations, the Sheriff’s Station, the Palm Desert Corporation Yard, local schools, the waste water treatment plant, and the Joslyn Center. Emergency Preparedness and Coordination The City of Palm Desert actively prepares to safeguard the community from the numerous potential hazards that could occur. The City undertakes several emergency preparedness activities, establishing procedures and responsibilities for CHAPTER 8: SAFETY GENERAL PLAN | 125 emergency response. Land use rules and service providers also play a role in achieving readiness for hazards and emergencies. Additionally, the City is supported by several other external entities to provide response services. Emergency Preparation The City of Palm Desert has established a framework for emergency preparation and response. Key preparation tasks and tools are outlined below, including an overview of roles identified in the EOP. Emergency Operations Center The City’s Desert Emergency Operations Center (EOC) is the central management entity responsible for directing and coordinating the various City departments and other agencies in their emergency response activities. The EOC also serves as the physical location from which information and resources are coordinated. The City’s Emergency Operations Plan establishes City Hall as the primary EOC, with an alternate center located at the City Corporation Yard. The EOP provides guidance for activation and deactivation of an Emergency Operations Center, including an action plan for the EOC in event of an emergency. Emergency Notification Program The City of Palm Desert is a member of Riverside County's Emergency Alert System (EAS). The EAS is a statewide network of commercial broadcasting stations and interconnecting facilities authorized by the Federal Communications Commission (FCC) to operate during national disasters or emergencies. The EAS provides immediate warnings for hazards such as flash floods, child abductions, or needs for evacuation. Emergency Services – Peak-Load Water Supplies The availability of water greatly affects the City’s ability to effectively respond to any occurrences of fire. Water services in the Coachella Valley come from the Coachella Valley Water District (CVWD). The CVWD provides domestic water services to Palm Desert using wells to extract groundwater from the Whitewater River subbasin. The groundwater supply consists of a combination of natural runoff, inflows from adjacent basins, returns from groundwater, recycled water, and imported water use. Drinking water is met primarily from groundwater sources, while irrigation water is supplied primarily from recycled wastewater and imported water. Annual demand for groundwater has exceeded the ability of the subbasin to recharge, resulting in overdraft conditions. The CVWD, recognizing the need for other sources of water to reduce demand on groundwater, initiated water reclamation in 1967 and currently operates six water reclamation plants (WRPs) in the valley. Recycled water from two of these facilities has served golf course and greenbelt irrigation in the Palm Desert area for many years, reducing demand on the groundwater basin. A third facility (WRP 7), located north of Indio, began providing recycled water for golf course and greenbelt irrigation in Palm Desert in 1997. The CVWD continues to expand recycled water services to golf courses and other nonpotable needs to reduce peak-load supply. Typically, demand is highest during summer months because of water needs for landscaping. Demand for recycled water exceeds the CVWD’s current supply and would require additional infrastructure for recycled water connections. The district has plans to expand pipeline connections to the Mid-Valley Pipeline (MVP) recycled water system, with the potential to connect CHAPTER 8: GENERAL PLAN 126 | CITY OF PALM DESERT at least 10 additional golf courses. Completion of the MVP project would further reduce demands on groundwater and enhance the City’s ability to meet peak-load water supplies during an emergency. Emergency Access and Response Evacuation Routes Key evacuation routes in the city consist primarily of the north–south connections between Palm Desert and I-10 and Highway 111, including Monterey Avenue, Portola Avenue (following the planned construction of the interchange), Cook Street, and Washington Street. Both Monterey Avenue and Washington Street provide all- weather bridges to the highways. Cook Street and Portola Avenue also provide connections across the Whitewater River. Coordination with Riverside County will be critical to support connections to unincorporated SOI areas. Areas of the SOI north of Interstate 10 have higher potential for isolation in case of a hazard. In the southern SOI, areas along State Route 74 such as Royal Carrizo could face similar challenges of isolation in case of a hazardous event. A process to identify evacuation routes appropriate to given hazards is established in the City’s EOP. City departments are responsible for development of department- specific Standard Operating Procedures and Response Plans with evacuation routes, with varied priorities based on hazard. Emergency Access – Roadway Widths To ensure the community is accessible to emergency response personnel, the City establishes minimum roadway widths and access requirements. Section 26.40.040 of the Palm Desert Municipal Code establishes minimum roadway widths for subdivision development. Minimum widths range from 24 to 106 feet, with standards that vary based on street parking characteristics. To date, roadway widths or parked vehicles have not hindered emergency response access. Emergency Services Agencies and Organizations The City’s Risk Management Department coordinates and manages Palm Desert’s emergency services and providers. The City’s Risk Manager serves as the community’s emergency manager. Fire protection, first response emergency medical services, and natural disaster preparedness services in Palm Desert are provided by the Riverside County Fire Department (RCFD), in cooperation with the California Department of Forestry and Fire Protection (Cal Fire). As of 2015, Palm Desert had a total Fire Department staffing of 44 positions. Emergency Dispatch Services Regional communications and dispatch services are provided by the RCFD, which serves approximately 1,360,000 residents in an area spanning 7,200 square miles. RCFD is an all risk, full-service fire department with three fire stations located strategically throughout the City of Palm Desert to provide highly effective protection: Station 71 serving North Palm Desert at 73995 Country Club Drive, Station 33 serving Central Palm Desert at 44400 Town Center Way, and Station 67 serving South Palm Desert at 73200 Mesa View Drive. The city participates in a regional cooperative agreement and benefits from resources responding from other nearby stations, ensuring that peak loads and major incidents are handled promptly. CHAPTER 8: SAFETY GENERAL PLAN | 127 In 2013, the RCFD responded to 133,536 total incidents and 8,172 calls for service in Palm Desert. The average en-route-to-on-scene response time was 3.6 minutes, with 86.2 percent of call response under 5 minutes. There are no service gaps in the city. All areas within the city, including those in SRAs/VHFHSZ, receive adequate emergency services. Flood Services Countywide, flood control services are provided by the Riverside County Flood Control and Water Conservation District. The district has the responsibility of protecting people, property and watersheds in the county from flood damage. District tasks include regulation of drainage and development in the floodplain, the construction of channels and flood facilities, and flood warning and early detection. Both the Coachella Valley Water District and the Riverside County Flood Control and Water Conservation District are responsible for the management of regional drainage within and in the vicinity of Palm Desert, including rivers, major streams and their tributaries, and areas of significant sheet flooding. The City participates in stormwater management related to the National Pollutant Discharge Elimination System (NPDES). For purposes of NPDES permits, the City serves as a co-permittee with the County of Riverside, CVWD, Riverside County Flood Control and Water Conservation District, and municipalities in the Whitewater River subbasin. Police Services The Riverside County Sheriff’s Department provides contract services in Palm Desert and the SOI as the Palm Desert Police Department (PDPD). Services include general law enforcement and police protection services. As of early 2015, the PDPD operated with 81 staff members. Regional Services and Coordination The City of Palm Desert participates in regional forums to monitor and coordinate emergency preparation tasks. The City participates in the Coachella Valley Emergency Managers Association, in addition to the Coachella Valley Association of Governments’ (CVAG) Public Safety Group. Both forums provide an opportunity to identify and prepare regional evacuation routes and other key emergency response tasks. In coordination with the RCFD Office of Emergency Services, the City of Palm Desert also plans for extreme heat conditions. Together with the County, the City operates two local cooling stations during extreme heat occurrences: the Joslyn Center located at 73750 Catalina Way, and the Palm Desert Community Center located at 43900 San Pablo Avenue. These cooling centers offer a safe, air-conditioned space in times of extreme heat. CHAPTER 8: GENERAL PLAN 128 | CITY OF PALM DESERT Goals and Policies Goal 1. Leadership. City leadership that promotes collaboration within the region that sustains maximum resilience to emergencies and disasters. Policies 1.1 Hazards Information. Establish and maintain a database containing maps and other information that identifies and describes the community’s hazards. 1.2 Local Hazard Mitigation Plan. Maintain and regularly update the City’s Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with Riverside County and other participating jurisdictions, to maintain eligibility for maximum grant funding. 1.3 Hazards Education. Consult with agencies and partners to provide public education materials on safe locations and evacuation routes in case of emergency or hazardous event. 1.4 Critical Facilities. Prepare existing critical facilities for resilience to hazards and develop new facilities outside of hazard-prone areas. 1.5 Emergency Plans and Processes. Consult with the Coachella Valley Emergency Managers Association and CVAG to maintain and update the City’s Emergency Operations Plan, and maintain SEMS compliant disaster preparedness plans for evacuation and supply routes, communications networks, and critical facilities’ capabilities. 1.6 Utility Reliability. Coordinate with providers and agencies including the CVWD and Southern California Edison for access to reliable utilities and water supply to minimize potential impacts of hazards and emergencies to pipelines and infrastructure. 1.7 Citizen Preparedness. Continue to promote citizen-based disaster preparedness and emergency response through Riverside County’s Community Emergency Response Team (CERT) training and certifications. CHAPTER 8: SAFETY GENERAL PLAN | 129 Goal 2. Geologic hazards. A built environment that minimizes risks from seismic and geologic hazards, including hazards due to wind erosion. Policies 2.1 Seismic Standards. Consider exceeding minimum seismic safety standards for critical facilities that ensure building function and support continuity of critical services and emergency response after a seismic event. 2.2 Structural Stability. Maintain development code standards to prohibit siting of new septic tanks, seepage pits, drainage facilities, and heavily irrigated areas away from structure foundations to reduce potential soil collapse. 2.3 Seismic Retrofits to the Existing Building Stock. Create a phased program for seismic retrofits to existing public and private unreinforced buildings to meet current requirements. 2.4 Wind Hazards. Support integrated land management for site design and improvements that protect the natural and built environment, including both public and private structures, from hazardous wind events. Goal 3. Flood hazards. A community where flooding and inundation hazards are contained within areas reserved for open space. Policies 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains. 3.2 Flood Infrastructure. Require new development to contribute to funding regional flood control infrastructure improvements. 3.3 Stormwater Management. Monitor, update, and enforce stormwater management plans in coordination with regional agencies, utilities, and other jurisdictions. 3.4 Open Space for Flood Control. Prioritize open space or uses that serve recreational purposes as a preferred land use within areas of high flood risk. 3.5 Dam Failure. Disseminate information on dam inundation areas subject to potential risks of flooding in the event of dam failure or seismic hazard, including preparation for seiche events, which can be caused by seismic events and consist of the occurrence CHAPTER 8: GENERAL PLAN 130 | CITY OF PALM DESERT of a standing wave that oscillates in a body of water, such as a dam. 3.6 Special Flood Hazard Areas. Locate new essential public facilities out of the Special Flood Hazard Areas (SFHAs) as identified in Municipal Code Title 28. Assess the conditions of existing utilities, roads, and other structures within the SFHAs, and implement risk reduction measures, where necessary. Goal 4. Fire hazards. Existing and future development is protected from wildfire hazards, with decreased frequency and intensity of wildfire incidents despite increased density and urbanization within the community. Policies 4.1 Fire Preparation. Maintain optimal fire readiness and response service in coordination with Riverside County and other agencies. Review inter- jurisdictional fire response agreements and ensure that the agreements and firefighting resources, including water supply, can meet current and future needs, including increased demand from new development and changing fire regimes. 4.2 Fire Hazard Severity Zones. Adopt and implement fire mitigation standards for areas designated as High and Very High Fire Hazard Severity Zones per CalFire, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. 4.3 Brush Clearance. Require new development and homeowners associations to maintain brush clearance criteria that meets 120% of the current state requirement for fire hazard severity zones in the city. 4.4 Inventory of Structures for Fire Risk. Prepare an inventory of all structures and ownership information for structures in each fire hazard severity zone in the city and the SOI. 4.5 Fire Education. Disseminate information on fire risks and minimum standards, including guidance for new development in the wildland- urban interface and fire hazard severity zones. 4.6 Future Emergency Service Needs. Require new developments and homeowners associations along the wildland urban interface to house the proper equipment and infrastructure to respond to wildland fire incidents. 4.7 Open Space Preservation. Consult with neighboring jurisdictions, private property owners, and other agencies to identify resource management activities that can both enhance open space areas and reduce wildland fire. CHAPTER 8: SAFETY GENERAL PLAN | 131 4.8 New Essential Public Facilities. When planning new essential public facilities for the SOI, avoid locations within any state responsibility area or very high fire hazard severity zone. If not possible, mandate construction methods or other measures to ensure minimal damage to the facilities. 4.9 Existing development in Fire Hazard Zones. Direct the Planning Department Code Compliance Division to identify and track properties that are not in conformance with contemporary fire safe standards adopted by the City, especially of road standards and vegetative hazard. Reach out to these property owners during redevelopment or other permitting processes to work out a mitigation plan to achieve conformance. 4.10 Redevelopment in Fire Hazard Zones. Require all redevelopment in Very High Fire Hazard Severity Zones (VHFHSZ) to comply with the latest California Building Standards Code (Title 24), including the California Fire Code (Part 9). Coordinate with the Fire Department on evaluation of rebuilding after a large fire and require implementation of fire safe design and additional measures where necessary. 4.11 Long Term Fire Hazard Reduction. Coordinate with the Fire Department and consult with private property owners, homeowner associations and other organizations to identify roadside fuel reduction plan, otherwise provide for the long-term maintenance of defensible space clearances around structures, and include fire breaks in the VHFHSZ where appropriate. Goal 5. Extreme weather. Improved quality of life for residents, workers, and visitors during extreme heat events. Policies 5.1 Extreme Heat Vulnerabilities. Analyze and address groups with vulnerabilities to extreme heat, including youth, the elderly, nursing homes, or communities with older structures that lack adequate air conditioning. 5.2 Education on Extreme Heat. Educate visitors and residents on the risks of extreme heat using brochures, public service announcements, and other methods. 5.3 Backup energy sources. Obtain and install backup power equipment for critical public facilities to ensure they are functional during a power failure that might result from extreme weather. 5.4 Below ground utilities. Provide information and education to encourage private stakeholders with formation of assessment districts that would finance and replace overhead electric lines with subsurface lines that will not be affected by fallen trees and branches during windstorms. 5.5 Tree trimming. Support utility companies in their enforcement of the national guidelines on tree trimming and vegetation management CHAPTER 8: GENERAL PLAN 132 | CITY OF PALM DESERT around electric transmission and communication lines to prevent or reduce the potential for felled branches or trees to cause power outages and disrupted communications. 5.6 Wind barriers. Encourage the preservation and establishment of additional wind barriers in the form of hedges and tree lines to reduce the effects of dust and sand. Goal 6. Human-caused hazards and hazardous materials. A safe community with minimal risk from hazardous materials and human-caused hazards. Policies 6.1 Site Remediation. Encourage and facilitate the adequate and timely cleanup of existing and future contaminated sites and the compatibility of future land uses. 6.2 Airport Hazards. Upon annexation of areas within the Bermuda Dunes Airport Land Use Compatibility Plan Area, adopt and implement airport compatibility zones for protection of people and property. 6.3 Airport compatibility. Require new development in the vicinity of Bermuda Dunes Airport to conform to the County’s airport land use and safety plans. Notwithstanding the allowable land use intensities and densities set forth by the Land Use and Community Character Element, there may be more restrictive density and intensity limitations on land use and development parameters, as set forth by the Airport Land Use and Compatibility Plan. Additionally, per the Airport Land Use Plan, there may be additional limits, restrictions, and requirements, such as aviation easements, height limits, occupancy limits, and deed restrictions, required of new developments within the vicinity of the airport. 6.4 Wildlife Hazards Study. New developments proposing golf course or significant open space and/or water features shall prepare a wildlife hazard study if the site is within the Airport Influence Area. 6.5 Airport Land Use Commission Review. Before the adoption or amendment of this General Plan, any specific plan, the adoption or amendment of a zoning ordinance or building regulation within the planning boundary of the airport land use compatibility plan, refer proposed actions for review, determination and processing by the Riverside County Airport Land Use Commission as provided by the Airport Land Use Law. Notify the Airport Land Use Commission office and send a Request for Agency Comments for all new projects, and projects proposing CHAPTER 8: SAFETY GENERAL PLAN | 133 added floor area or change in building occupancy type located within the Bermuda Dunes Airport Influence Area. 6.6 Federal Aviation Administration Review. Projects that require an FAA notice and review will be conditioned accordingly by the City to obtain an FAA Determination of No Hazard to Air Navigation prior to issuance of any building permits. 6.7 Residential Development near airport. New residential development within Airport Compatibility Zone D shall have a net density of at least five dwelling units per acre. New dwelling units should not be permitted as secondary uses of the Urban Employment Center General Plan Designation within Airport Compatibility Zone C. 6.8 Nonresidential Development near airport. The land use intensity of nonresidential structures within Airport Compatibility Zones B1, C, and D shall be limited as set forth by Table 2A of the Airport Land Use Compatibility Plan. 6.9 Hospitals near airport. Prohibit hospitals within Airport Compatibility Zones B1 and C and discouraged in Airport Compatibility Zone D. 6.10 Stadiums and gathering spaces. Major spectator-oriented sports stadiums, amphitheaters, concert halls shall be discouraged beneath principal flight tracks. 6.11 Regional coordination. Promote coordinated long-range planning between the City, airport authorities, businesses and the public to meet the region's aviation needs. 6.12 Railroad Safety. When considering development adjacent to the railroad right-of-way, work to minimize potential safety issues and land use conflicts associated with railroad adjacency. STATE OF CALIFORNIA - BUSINESS. CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 ° °,,� Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 . www.hcd.ca.gov November 24, 2021 Eric Ceja, Deputy Director Palm Desert Planning Division City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Eric Ceja: RE: City of Palm Desert's 6t" Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Palm Desert's (City) revised draft housing element received for review on September 28, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. The draft element addresses many statutory requirements described in HCD's June 7, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law. As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance. To remain on an eight -year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2021 for Southern California Council of Government (SCAG) localities. If adopted after this date, Government Code section 65588, subdivision (e)(4) requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit HCD's website at: http://www.hcd.ca.gov/community-development/housing- element/housing-element-memos/docs/sb375 fina1100413.pdf. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element Eric Ceja, Deputy Development Services Director Page 2 process, the City should continue to engage the community, including organizations that represent lower -income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact John Buettner, of our staff, at john.buettner@hcd.ca.gov. Sincerely, Paul McDougall Senior Program Manager Enclosure APPENDIX CITY OF PALM DESERT The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD's website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtm1. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtmi and includes the Government Code addressing State Housing Element Law and other resources. A. Housing Needs. Resources, and Constraints 1. Affirmatively furtherfingj fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2... shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Disproportionate Housing Needs and Displacement Risk: The element was revised to include an analysis of cost burden, but it should also address patterns and trends related to overcrowding and displacement risk. Local Data and Knowledge, and Other Relevant Factors: The revised element generally does not address this requirement. The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers. Also, the element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends. Contributing Factors: The element was revised to provide a more concise summary of contributing factors, goals, and programs to address the factors. However, the contributing factors should be updated and prioritized based on the complete analysis of the factors described above. Site Inventory: The revised element includes a discussion stating that the City is designated as highest resourced and that sites are near a variety of resources and amenities. However, sites identified to accommodate the lower -income regional housing need allocation (RHNA) appear concentrated in the Town Center Neighborhood in the northern part of the City. The element must evaluate this concentration and include discussion of whether the sites inventory improves or exasperates existing patterns. City of Palm Desert's 6th Cycle Draft Housing Element Page 1 November 24, 2021 Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues and should be revised based on the outcomes of a complete analysis. Currently, the element identifies program(s) to encourage and promote affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address AFFH requirements. Furthermore, the element must include metrics and milestones for targeting significant fair housing results. For more information, please see HCD's guidance at hftps://www.hcd.ca.gov/community-development/affh/index.shtm 2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Stock Condition: The draft element was revised to state that the City reviewed Code Compliance Division case records for the period of 2014-2021 and found no open cases or citations issued for health and safety violations. However, the element still must estimate the number of units in needs of rehabilitation and replacement. 3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a RHNA of 2,790 housing units, of which 1,135 are for lower -income households. To demonstrate the adequacy of these sites and strategies to accommodate the City's RHNA, the element must be revised to include complete analyses on the following: Progress in Meeting the RHNA: The revised element states that 310 units for Site DD will be affordable to moderate -income units but must also demonstrate affordability based upon actual or anticipated sale prices or rents. Sites Inventory: The revised draft element provides data on the City's site inventory in Table III-47. However, the data is insufficient to determine the adequacy of all sites since the inventory aggregates available sites by Map Keys and APNs (Sites E, LL, A, D, F, P, QQ, and T). The inventory must provide a parcel listing of sites by APN, along with parcel size, zoning, general plan designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site. Additionally, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD's housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at sitesinventory aahcd.ca.gov for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to sitesinventory(a)hcd.ca.gov. City of Palm Desert's 6th Cycle Draft Housing Element Page 2 November 24, 2021 Zoning for Lower -Income Households: Pursuant to Government Cade section 65583.2, subdivision (c)(3)(A) and (B), the element must identify sites with zoning and densities appropriate to encourage and facilitate the development of housing for lower -income households based on factors such as market demand, financial feasibility, and development experience within zones. For communities with densities that meet specific standards (at least 30 units per acre for Palm Desert), this analysis is not required (Section 65583.2(c)(3)(B)). While the revised draft element provides some information on recent project densities, it does not discuss factors such as market demand or financial feasibility to support the densities identified on Table 11147. In addition, it appears Mat Site A, Site PP and Site QQ only allow a maximum of 10-15 units per acre but are being identified to accommodate the RHNA for lower -income households. As stated in the element, affordable housing projects in the City have had densities ranging from 1528 units per more. The element does not provide sufficient evident that densities in in that 0- 15 range provide the financial feasibility needed to support housing affordable to lower -income households and should not identify sites within this density range as appropriate for the lower -income housing need. The element could reassign this capacity to the moderate -income housing need, or the City could rezone to higher density to continue utilizing those sites to accommodate the RHNA for lower. incoming households. Lame Sites: Table 11147 includes sites larger than ten acres and stales that these sites are not constrained from development based on proposed projects on ten acres or more being developed. While the draft element was slightly revised to account for densities and to add the Codes Ortega Villas project (p. III-87), the analyses must demonstrate devebpments of equivalent size were successfully developed during the prior planning period for an equivalent number of lower -income housing units as projected for these large sites or provide other evidence Mat the site is adequate to accommodate lower -income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) Additionally, the analysis should state whether larger sites such as Site A and Site F have the potential for being split and, if so, the element should contain a program or programs to facilitate the splitting of larger lots. Small Sites: The initial draft element identified sites at less then a half -acre and included several sites Mat appear require consolidation. The revised draft element now states that site LL is City -owned and will be developed for 28 units and that Me City will consolidate the lots when development occurs. However, the element still requires analysis to demonstrate the lot consolidation potential of other sites within the inventory such as Site D, Site PP, Site QQ, and Site T. For example, the analysis should describe the City's role or track record in facilitating small -lot consolidation by affordability level, policies or incentives offered or proposed W encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. 4. An analysis ofpotenflal and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of City of Palm Desert a r Cycle Draft Housing Element Page 3 November 24, 2021 housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Processing and Permit Procedures: While the draft element was revised to describe approval procedures for the architectural review process, the element must still describe approval procedures for the Precise Plan review including a description of the approval bodies. The analysis must be revised to evaluate the Precise Plan processing and permit procedures and their impacts as potential constraints on housing supply and affordability. B. Housing Programs Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City's specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following: General: The revised element continues to include programs without specific metrics or objectives. Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Program 5.0 (CDBG for Homelessness): The Program should be revised to state how the City will encourage organizations to apply and the role the City plays in delivering the funds. Program &A (Housing Overlay and ADUs): The Program should be revised to state what standards are being maintained and if there are any potential revisions to the zoning code that need to be implemented. If revisions are needed to comply with state law, then the program should commit to a definitive timeframe for implementation of those revisions. City of Palm Desert's 61h Cycle Draft Housing Element Page 4 November 24, 2021 Program I I.B (Transit Ardent: The Program should be revised to clarify how the City will coordinate and specific actions the City will take to ensure that transit is and will be available to residents with limited access. 2. Identify actions that will be taken to make sites available during the planning penod with appropriate zoning and development standard's and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory ... ... without rezoning, and to comply with the requirements of Government Code section 65584.09... (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A-3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: 3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate - income households. (Gov. Code, § 65583, subd. (c)(2)). Program 1A (Affordable Housing Developers): This Program should W revised with specific timeframes (e.g., month and year) and benchmarks for the Village (KK) and Millennium (F) projects. The Program should be revised to provide specific timeframes and benchmarks for these developments and monitor these developments. Program 1.13 (PublidPrivale Partnerships): The program should be revised to monitor these developments and offer specific schedules for these monitoring activities. Additionally, the Program should be revised to provide back-up measures d any projects are subsequently denied. Prooram 1.0 (Encourage Housing for Lower4ncome Households): The Program should be revised to mentor these developments and offer specific schedules for these monitoring activities. The Program should also offer a definitive timeline other than the entire planning period and back-up measures if any projects are subsequently denied. Program 9A (Density Bonus): The Program should be revised with a specific date for completing amendments. 4. Address and, where appmpnate and legallypossible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shell remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding A4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may City of Palm Deserrs Be Cycle Draft Housing Element Page 5 November 24, 2021 need to revise or add programs and address and remove or mitigate any identified constraints. In addition: Program 1.H (SB 35): The Program should be revised to offer a definitive date for implementation of the SB 35 requirements (e.g., June 30, 2022). 5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5)). As noted in Finding Al, the element must include a complete analysis of AFFH. Based on the outcome of that analysis, the element must add or modify programs. Additionally, programs and actions need to be significant, meaningful, and sufficient to overcome identified patterns of segregation and AFFH. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The draft element includes a revised summary of the public participation process (page III-93), which now states that the City held additional study sessions. However, it does not demonstrate that diligent efforts were made to involve all economic segments of the community in the development of the housing element, especially low- and moderate -income groups, nor does it address the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. In addition, HCD understands the City made the element available to the public in June of 2021 prior to an additional study session on September 9, 2021. The element also states that following the September study session the revised draft element was posted on the City's website. However, the element should indicate when the revised draft was made available for comments prior to submitting to HCD on September 28, 2021, if comments were received, and how those comments were incorporated. City of Palm Desert's 61h Cycle Draft Housing Element Page 6 November 24, 2021 City of Palm Desert Housing Element Second Draft Proposed Responses Page 1 of 13 Housing Stock Condition: The draft element was revised to state that the City reviewed Code Compliance Division case records for the period of 2014-2021 and found no open cases or citations issued for health and safety violations. However, the element still must estimate the number of units in needs of rehabilitation and replacement. Note: The element currently states (emphasis added) at page III-26: Another measure of potentially substandard housing is the number of housing units lacking adequate kitchen and plumbing facilities. In Palm Desert, there are 198 units (0.8% of all units) lacking complete kitchens and 67 units (0.3% of all units) lacking plumbing facilities. More rental units have deficiencies than homeowner units. These homes could potentially benefit from repair and rehabilitation programs, such as the HIP program described above. As shown in Table III- 46, Quantified Objectives, the City will use the HIP program to correct these deficiencies for the 67 units affected (see Program 2.A). In addition, the following text has been added to page III-27: To further evaluate housing conditions in Palm Desert, the Code Compliance Division queried its records on three separate occasions for residential property code violations, such as structural deficiencies, general deterioration, dilapidation, and faulty plumbing or electrical systems. As of February 2021, there were only 5 active cases of dwelling units with building code violations, all of which were associated with unpermitted construction activity. None of the cases cited structural deficiencies in need of replacement or rehabilitation. Therefore, the City is not aware of any units requiring substantial rehabilitation, other than those described above, and has included those 67 units shown in Table III-16 in its Quantified Objectives (also see Program 2.A). Progress in Meeting the RHNA: The revised element states that 310 units for Site DD will be affordable to moderate-income units but must also demonstrate affordability based upon actual or anticipated sale prices or rents. The following language has been added to page III-87: • The Sands Apartments (Site DD) on Hovley Lane is approved for a total of 388 multi- family rental units. Of those, 78 are required to be affordable for very low income households through an approved Development Agreement that requires that the units be deed restricted. The balance are expected to be market units which will be affordable to moderate income households based on the analysis provided in Table III-44, which shows that rental units are affordable to moderate income households. Sites Inventory: The revised draft element provides data on the City’s site inventory in Table III-47. However, the data is insufficient to determine the adequacy of all sites since the inventory aggregates available sites by Map Keys and APNs (Sites E, LL, A, D, F, P, QQ, and T). The inventory must provide a parcel listing of sites by APN, along City of Palm Desert Housing Element Second Draft Proposed Responses Page 2 of 13 with parcel size, zoning, general plan designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site. Note: The Table is titled “Vacant Land Inventory…” so no “nonvacant sites” are included. Site A and F are each single parcel sites, and no change has been made. The other sites have been modified in Table III-47, as follows: Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Ma p Ke y Assessor’s Parcel No. GP Zoning (all HOD)** Acreag e Allowab le Density Realisti c Density Potenti al Units Vacant Entitled Sites B 694-310-006 Town Center Neighborhood P.R.-20 12 of 68.2 4 to 20 22.5 269 DD 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 78 DD* 624-040-037 Town Center Neighborhood P.R.-17.5 17.66 17.5 17.5 310 E 694-520-019 Small Town Neighborhood; Employment Center P.R.-19 5.62 19 18 17 694-520-020 Small Town Neighborhood; Employment Center P.R.-19 1.2 19 4 PP 624-441-014 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-015 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-016 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-017 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-018 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-019 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-020 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-021 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-022 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 QQ 624-440-032 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 City of Palm Desert Housing Element Second Draft Proposed Responses Page 3 of 13 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Ma p Ke y Assessor’s Parcel No. GP Zoning (all HOD)** Acreag e Allowab le Density Realisti c Density Potenti al Units 624-440-033 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-034 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-035 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-036 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Subtotal Entitled Sites 692 Vacant Sites in the Entitlement Process LL 627-122-003 Small Town Neighborhood R-2, HOD 0.16 3 to 10 20 3 627-122-013 Small Town Neighborhood R-2, HOD 1.27 3 to 10 20 25 H 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 44 H* 694-190-087 Town Center Neighborhood P.R.22 14.97 22 22 286 C 694-120-028 Town Center Neighborhood; Suburban Retail Center P.C.-(3), FCOZ 10 of 20.18 7 to 40 24 240 KK 622-370-014 Public Facility/Institu tional P 1.84 N/A N/A 36 Subtotal Sites in Entitlement Process 634 Vacant Sites A 685-010-005 Regional Retail P.C.-(3), P.C.D. 15 of 64.26 10 to 15 14 200 D 694-130-017 Town Center Neighborhood P.R.-22 8.43 22 20 169 694-130-018 Town Center Neighborhood P.R.-22 2.52 22 20 50 F 694-510-013 Town Center Neighborhood P.R.-22 16.32 22 20 326 PP 624-441-014 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-015 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-016 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-017 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 City of Palm Desert Housing Element Second Draft Proposed Responses Page 4 of 13 Table III-47 Vacant Land Inventory of Sites for Extremely Low, Very Low, Low and Moderate Income Units Ma p Ke y Assessor’s Parcel No. GP Zoning (all HOD)** Acreag e Allowab le Density Realisti c Density Potenti al Units 624-441-018 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-019 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-020 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-021 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 624-441-022 Small Town Neighborhood P.R.-6 0.16 3 to 10 1 1 QQ 624-440-032 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-033 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-034 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-035 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 624-440-036 Small Town Neighborhood P.R.-6 0.14 3 to 10 1 1 Subtotal Vacant Sites 759 Total All Vacant Sites 2,071 * Moderate Income Site ** All sites in this Table have been assigned the Housing Overlay District. Zoning for Lower-Income Households: Pursuant to Government Code section 65583.2, subdivision (c)(3)(A) and (B), the element must identify sites with zoning and densities appropriate to encourage and facilitate the development of housing for lower-income households based on factors such as market demand, financial feasibility, and development experience within zones. For communities with densities that meet specific standards (at least 30 units per acre for Palm Desert), this analysis is not required (Section 65583.2(c)(3)(B)). While the revised draft element provides some information on recent project densities, it does not discuss factors such as market demand or financial feasibility to support the densities identified on Table III-47. In addition, it appears that Site A, Site PP and Site QQ only allow a maximum of 10-15 units per acre but are being identified to accommodate the RHNA for lower-income households. As stated in the element, affordable housing projects in the City have had densities ranging from 15-28 units per acre. The element does not provide sufficient evident that densities in in the10-15 range provide the financial feasibility needed to support housing affordable to lower-income households and should not identify sites within this density City of Palm Desert Housing Element Second Draft Proposed Responses Page 5 of 13 range as appropriate for the lower-income housing need. The element could reassign this capacity to the moderate-income housing need, or the City could rezone to higher density to continue utilizing those sites to accommodate the RHNA for lower-incoming households. Note: As the finding above relates to Sites PP and QQ, they are specifically described in the Element as being sold to the Coachella Valley Housing Coalition for self-help housing (page III- 88), and are entitled. Since the Element was submitted to HCD, CVHC has closed escrow, and construction will begin in April of 2022. This is substantial evidence that the density range is appropriate for affordable housing. The paragraph on that project under “Entitled Projects” has been modified as follows: • In May 2020, the City conveyed 14 vacant parcels on Merle Street to the Coachella Valley Housing Coalition (CVHC) for the development of 14 detached single-family, self-help ownership homes for very low and low income households. CVHC will deed restrict the homes when they are developed. The parcels closed escrow in December of 2021, and construction will start in April of 2022. CVHC will deed restrict 3 homes for very low income households, and 11 lots for low income households for a period of 45 years. These lots are shown on the inventory as sites PP and QQ. As it relates to Site A, the land is part of a larger Specific Plan being prepared by a private developer. The City wishes to see 200 of the 1500± units developed for affordable housing, and has made that clear to the developer. It does not, however, have the ability to rezone the property in the absence of the developer’s willingness to do so. Table III-47 shows that there is capacity for 2,071 units. Of those, 1,326 are either entitled or pending entitlement (730 for lower income units and 596 for moderate income units). The City’s RHNA for lower income units is 1,135, and 461 for moderate income units. There is a need for an additional 405 lower income units under the RHNA, after the entitled and pending entitlement sites are deducted. Table III-47 shows capacity for an additional 745 units on vacant land. So Table III-47 provides for 340 more units than the City requires to meet the RHNA. As already stated in the Element: These entitled and pending entitlement projects will result in a total of 730 units affordable to very low and low income households, and 596 units affordable to moderate income households. With completion of these projects, the City will need to accommodate an additional 405 units for very low and low income households, and would have an excess of 135 moderate income units when all entitled and pending entitlement sites in Table III-47 are developed. Table III-47 also shows that the City has capacity for 745 units on vacant sites, almost double the 405 needed during the planning period to complete the RHNA. Large Sites: Table III-47 includes sites larger than ten acres and states that these sites are not constrained from development based on proposed projects on ten acres or more being developed. While the draft element was slightly revised to account for densities and to add the Carlos Ortega Villas project (p. III-87), the analyses must demonstrate developments of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for these City of Palm Desert Housing Element Second Draft Proposed Responses Page 6 of 13 large sites or provide other evidence that the site is adequate to accommodate lower- income housing. (Gov. Code §65583.2, subd. (c) (2) (A) Additionally, the analysis should state whether larger sites such as Site A and Site F have the potential for being split and, if so, the element should contain a program or programs to facilitate the splitting of larger lots. The Element does provide evidence of existing development (entitled projects). In addition, the language on page III-85 has been modified as follows: Lands provided in the inventory have been calculated at a density of 15 to 23 units per acre. The density range assumes that 80% intensity will be achieved based on: an average unit size of 1,000 square feet, 28 units per acre can be achieved with 3-story buildings, which is the current height limit in the Planned Residential (PR) zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking. As this zone allows building coverage of 40%, there is more than sufficient space to accommodate the density assumed in the inventory. Further, the density assumptions are conservative compared to typically built densities in each of the zones. The most recent affordable housing projects built in the City were constructed at densities of 15 to 28 units per acre, including Carlos Ortega Villas, at 13 units per acre , and the City currently has entitled or proposed affordable housing projects at densities of 17.5 to 27 units per acre on parcels of 10 acres or more: • The Sands, Site DD: 388 units on 17.5 acres (22/acre); • Pacific West, Site B, 269 units on 12 acres (23/acre); • Millennium private site, Site H, 330 units on 15 acres (22/acre), and • Millennium City site, Site C, 240 units on 10 acres, 24/acre). In addition to these projects, the City of La Quinta, east of Palm Desert, developed the Coral Mountain Apartments in 2018, providing 176 units on 11 acres of land, at a density of 16 units per acre. All four of the projects in the City and the La Quinta project are on large sites (10 acres or more), and have been built, entitled or are in the entitlement process. Significantly, the two most recent projects in which the City is participating, the Pacific West and Millennium City site, are 10 acres or more. Large sites are also included in Table III-47, sites A and F are both planned for larger sites. Although the sites are feasible at 15 and 16 acres, respectively, Program 1.F is also provided to encourage subdivision of these parcels to smaller sites, with the provision of incentives. City of Palm Desert Housing Element Second Draft Proposed Responses Page 7 of 13 Program 1.F Although the affordable housing projects currently approved or being entitled in the City occur on parcels of 10 acres or more, the City will encourage further land divisions resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state, federal and local financing programs (50-100 units) as development proposals are brought forward for sites A and F. The City will discuss incentives available for land divisions (2-5 acres) encouraging the development of housing affordable to lower income households with housing developers as proposals are brought forward. The City will offer incentives for land division encouraging the development of affordable housing including, but not limited to: • priority to processing subdivision maps that include affordable housing units, • expedited review for the subdivision of larger sites into buildable lots where the development application can be found consistent with the Specific Plan, • financial assistance (based on availability of federal, state, local foundations, and private housing funds). Responsible Agency: Planning Department Schedule: As projects are proposed Small Sites: The initial draft element identified sites at less than a half-acre and included several sites that appear to require consolidation. The revised draft element now states that site LL is City-owned and will be developed for 28 units and that the City will consolidate the lots when development occurs. However, the element still requires analysis to demonstrate the lot consolidation potential of other sites within the inventory such as Site D, Site PP, Site QQ, and Site T. For example, the analysis should describe the City’s role or track record in facilitating small-lot consolidation by affordability level, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. Site D is comprised of two lots of 8.4 and 2.5 acres – neither of these lots qualify as small sites. In regards to sites PP and QQ, as shown above, those sites are now owned by CVHC, and are scheduled for construction in April of 2022. Site T has been removed from the inventory. Processing and Permit Procedures: While the draft element was revised to describe approval procedures for the architectural review process, the element must still describe approval procedures for the Precise Plan review including a description of the approval bodies. The analysis must be revised to evaluate the Precise Plan processing and permit procedures and their impacts as potential constraints on housing supply and affordability. The description of the Precise Plan process was already in the Element at page III-53. The paragraph has been modified for clarity: The City requires tract map review and approval for all single-family home tracts and a precise plan for multi-family projects, both of which can be processed concurrently with any other permit City of Palm Desert Housing Element Second Draft Proposed Responses Page 8 of 13 that might be required. For either, the review process is a simple analysis that assures that the project’s design meets the requirements of the zone in which it occurs. Applications for Precise Plans, when complete, are circulated to other City departments for comments. The Precise Plan is then reviewed by the Architectural Review Commission (ARC) and approved by the Planning Commission. The ARC provides technical review of the Precise Plan application, including the provision of parking, trash enclosures and similar standards, and reviews the landscaping plans for water efficiency. The ARC meetings are public, but are not noticed hearings. ARC review is scheduled within two to three weeks of an application being found complete, and usually precedes Planning Commission hearing by three to four weeks. The ARC provides recommendations on the Precise Plan to the Planning Commission, which takes action on Precise Plan applications. Public notice and mailings are made 10 days prior to a Planning Commission hearing. The findings needed for approval of either a tract map or precise plan pertain to the project’s consistency with State law; the General Plan and Zoning Ordinance; public health and safety; and the site’s physical ability to accommodate the project. The findings focus on General Plan and Zoning consistency, are not subjective and do not pose a constraint to development. The average processing time for a typical application is 4 to 6 months, including the recently approved Montage single family homes, which received approval in 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. The City also has a building permit streamlining process, for a fee, and allows “at risk” building permit applications, which can be submitted immediately following ARC review, and prior to Planning Commission approval. As described above, neither the process for a Precise Plan review, nor the time required are constraints to the development of housing. General: The revised element continues to include programs without specific metrics or objectives. Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Specific programs are addressed individually below. Without additional information, we are unable to guess whether this statement intends us to modify any others. Program 5.C (CDBG for Homelessness): The Program should be revised to state how the City will encourage organizations to apply and the role the City plays in delivering the funds. The program has been modified as follows: Program 5.C The City will continue to make direct appeals to encourage local organizations, such as the Coachella Valley Rescue Mission, Martha’s Village and Catholic Charities, to apply to the City for the award of CDBG funds for homeless services, including announcements on its website and social media of the availability of funds, the schedule for applications, and the award schedule, as City of Palm Desert Housing Element Second Draft Proposed Responses Page 9 of 13 it has for many years. The City Council will continue to allocate available funds to these and other organizations that apply from its annual City allocation. Responsible Agency: Finance Department Schedule: Annually with CDBG funding cycle Program 8.A (Housing Overlay and ADUs): The Program should be revised to state what standards are being maintained and if there are any potential revisions to the zoning code that need to be implemented. If revisions are needed to comply with state law, then the program should commit to a definitive timeframe for implementation of those revisions. The intent of the Program was to provide policy support to assure that HOD and ADU were addressed in the Zoning Ordinance. The program has been modified regardless, to address the finding. Program 8.A The City shall maintain the Housing Overlay District to include flexible development standards, density bonuses, design criteria, and parking reductions for the development of a wide variety of housing products which provide a minimum of 20% of all units at income-restricted rents, or at least one unit for smaller residential projects, and to eliminate the public hearing requirements and waive City plan check/inspection fees and potentially other fees. The Accessory Dwelling Unit standards shall be maintained consistent with State law in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Annually review with state General Plan report Program 11.B (Transit Agency): The Program should be revised to clarify how the City will coordinate and specific actions the City will take to ensure that transit is and will be available to residents with limited access. For HCD’s information, SunLine is a JPA over which the City has limited authority. A member of Council sits on the Board, as does a member of each of the member agencies’ Council. The program has been modified to the extent it can be. Program 11.B Continue to coordinate with SunLine Transit Agency by continuing to provide it with all development applications, to encourage it to expand services that provide reliable transportation options to low income, disabled, senior, and other residents with limited access. Responsible Agency: Community Development Department Schedule: 2022-2029 As noted in Finding A-3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: City of Palm Desert Housing Element Second Draft Proposed Responses Page 10 of 13 With the changes proposed herein, we believe that the analysis is sufficient. Individual programs are addressed below. Program 1.A (Affordable Housing Developers): This Program should be revised with specific timeframes (e.g., month and year) and benchmarks for the Village (KK) and Millennium (F) projects. The Program should be revised to provide specific timeframes and benchmarks for these developments and monitor these developments. The program has been modified as follows: Program 1.A The City shall work with affordable housing developers, non-profit agencies and other stakeholders to implement the following affordable housing projects for extremely low, very low, low and moderate income households during the planning period. • 21 units at Palm Desert 103 (Site E): annually contact the landowner and provide them with current City programs and incentives for the construction of the remaining units within the project. Meet with the land owner annually, and provide the requirements of the Development Agreement for the site to encourage its development. • 36 units at Arc Village (Site KK): For this Housing Authority-owned site, the Housing Authority and City will continue to work with Desert ARC and affordable housing developers to secure funding for these units with priority to developmentally disabled persons. The Housing Authority and City will participate in the preparation of applications for State funding and reinstate funding assistance when an application is prepared. The Housing Authority and City will promote the site to developers through its website, and annually meet with Desert ARC to encourage development. • 66 units at Millennium (Site F): the City will continue to work with the developer to process the pending entitlements and finalize the affordable housing covenants consistent with the existing Development Agreement. The application is expected to be reviewed by the Planning Commission by March of 2022. Responsible Agency: Community Development Department and Housing Authority Schedule: Continuous as these projects move forward Program 1.B (Public/Private Partnerships): The program should be revised to monitor these developments and offer specific schedules for these monitoring activities. Additionally, the Program should be revised to provide back-up measures if any projects are subsequently denied. The programs have been modified to address scheduling. As regards monitoring, all three projects in 1.B are under existing agreements with the City, as described on page III-89 of the Element. The agreements are the monitoring tools and their provisions have been replicated below. There is no evidence provided by HCD that the projects will be denied, nor does the City have any evidence that denial is possible. No change can be made to address such a speculation. City of Palm Desert Housing Element Second Draft Proposed Responses Page 11 of 13 Program 1.B The City shall pursue the planning and implementation of the following projects for extremely low, very low, low and moderate income households during the planning period. The City will utilize public-private partnerships, grants and third party funding for these projects, and density bonus incentives. • 240 units at Millennium City Site (Site C): the City shall enforce the terms of its existing agreement with the developer of this project, including maintaining project schedules and expediting processing of applications. A minimum of 15% of the units will be reserved for extremely low income residents. Entitlement applications are expected in 2022, financing will be secured in 2023. and construction is expected in 2024. • 28 units at Sagecrest Apartments (Site LL): the Housing Authority will complete the RFP process in 2022, and establish an agreement with the successful developer for construction of the units by 2024. A minimum of 15% of the units shall be reserved for extremely low income residents. The DDA for the project includes a requirement that the units be built by 2024. • 269 units at Gerald Ford, west of Portola (Site B): the City will maintain the schedule established in the existing agreement with the developer, participate in funding applications, and participate in the funding through the existing land sale agreement, to reach completion of construction by 2024. The project was approved by the Planning Commission in July of 2021. The developer is actively involved in securing CDLAC/TCAC and other funding, and expects to begin construction in 2023. Responsible Agency: Community Development Department and Housing Authority Schedule: As described above, 2022-2025 Program 1.C (Encourage Housing for Lower-income Households): The Program should be revised to monitor these developments and offer specific schedules for these monitoring activities. The Program should also offer a definitive timeline other than the entire planning period and back-up measures if any projects are subsequently denied. Site I has been removed from the inventory, and deleted in the program. For the other two sites, the following modifications have been made. We do not have any reason to think that either project would be denied. Program 1.C The City shall encourage and facilitate the development by private parties of the following projects for extremely low, very low, low and moderate income units: • 200 units at Key Largo (Site A): the City will continue to work with the land owner in the completion of entitlement applications for the site, including the provision of Density Bonus incentives, fee waivers and other incentives as appropriate. The City will meet with the developer annually, and encourage the completion of the Specific Plan by December of 2024, and construction beginning in January of 2026. City of Palm Desert Housing Element Second Draft Proposed Responses Page 12 of 13 • 78 units at the Sands (Site DD): the City will maintain contact with the land owner and participate in funding efforts as the developer applies for TCAC and other funds for the project. The City will process the pending application amendments by June of 2022, and assist in the preparation of funding applications by March of 2023, and construction beginning by June of 2024. The City will offer incentives, including Density Bonus, fee waivers and reduced building permit fees for those projects including a minimum of 15% of units affordable to extremely low income households. Responsible Agency: Planning Department Schedule: As provided above. Program 9.A (Density Bonus): The Program should be revised with a specific date for completing amendments. The program has been modified as follows: Program 9.A Revise the Zoning Ordinance to ensure compliance with State law as it pertains to density bonus by October of 2022 to address the changes contained in AB 2345, and as State law changes throughout the planning period. Responsible Agency: Community Development Department Schedule: at regular Zoning Ordinance update As noted in Finding A4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition: Program 1.H (SB 35): The Program should be revised to offer a definitive date for implementation of the SB 35 requirements (e.g., June 30, 2022). As it relates to Finding A4, the analysis of Precise Plan processing has been modified above. No constraint exists. As it relates to the program, it has been amended as follows: Program 1.H The City shall establish an SB 35 planning application and process that contains the requirements of the law, the required objective development standards, and the processing requirements for these projects. Responsible Agency: Planning Department. Schedule: June 2022 Public Participation: The draft element includes a revised summary of the public participation process (page III-93), which now states that the City held additional study sessions. However, it does not demonstrate that diligent efforts were made to involve all City of Palm Desert Housing Element Second Draft Proposed Responses Page 13 of 13 economic segments of the community in the development of the housing element, especially low- and moderate-income groups, nor does it address the availability of materials in multiple languages, surveys, or other efforts to involve such groups and persons in the element throughout the process. In addition, HCD understands the City made the element available to the public in June of 2021 prior to an additional study session on September 9, 2021. The element also states that following the September study session the revised draft element was posted on the City’s website. However, the element should indicate when the revised draft was made available for comments prior to submitting to HCD on September 28, 2021, if comments were received, and how those comments were incorporated. The text has been modified as follows: The Housing Element was posted on the City’s website in June of 2021. The City also held an additional Study Session with the City Council on amendments to the Housing Element on September 9, 2021. Following that Study Session, on September 10th, the revised Draft Element was posted on the City’s website, and notices sent to community organizations, all of the participants in the City’s previous workshops, and all those to whom workshop invitations had been sent to invite comments on the revised Element, prior to its resubmittal to HCD on September 28th. No comments were received during this time. PROOF OF PUBLICATION STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE CITY OF PALM DESERT ATTN: ERIC CEJA 73510 FRED WARING DR PALM DESERT, CA 92260 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. 1 hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 1 /8/22 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly I the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a Newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, State of California Case No. 191236. I certify under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on this I Oth of January 2022 in Green Bay, Wisconsin, County of Brown --Xa, 4,1a__ DECLARANT Ad#:0005076350 N U: Case NUS. GPA 21-0002 # of Affidavits: 1 mediagroup PART Or HHE USA TODAY NH W OR 750 N Gene Autry Trail Palm Spnngs, CA 92262 Tel: 760-778-4578/Fax 760-778-4731 Email: 1ec7els6ZUhedesertsun. com CITY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA 21-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GENERAL PLAN AMENDMENT 21-0002 UPDATING THE CITY'S HOUSING ELEMENT AND SAFETY ELEMENT OF THE GENERAL PLAN The City of Palm Desert (City), In Its capaclly as the lead Ailency for this project under the California Environmental Quality Act (CEQA), has prepared an lrttial Study and Negative Declara- tion for the updates 10 the Housing and Safety Elements of the General Plan. Project Location/Description: project Desorption: The Housing Element is one of the mandated Elements of the General Plan. It considers the future needs for housing In the City, will, a particular focus on aHorflable housing and housing for special needs households, Including the elderly, disabled persons, large families, single-pwent households, and the homeless. It also provides the City's decislon•makers with Goals, Policies, and Programs Intended to facilitate the development of housing to meet these needs. The period from 2022.2029 planning Is being addressed In this Update. In addition, the City is required to evaluate and update its Safety Elements to address impedi- ments to the development of housing sites within the City. Recommendation: Staff is recommending that the Planning Commission adopt a resolution rec- ommending to the City Council approval of amendments to the City's Housing and Safety Ele- ments of the General Plan. Public Hearing: The public hearing will be held before the Planning Commission on Tuesday, January 18, 2022, at 6:00 p.m. via Zoom. The hearing will be conducted in accmdance with the Clty's emergency protocols for social distancing. Oprions for remote participation will be fisted on the Posled Agenda for the meeting at: httpsflwww.cityofpalmdesetl.orglnur-city/committees-and•commissiorulplanning-commissiominf ormatiomcenter. Public Review: The Draft Housing Element and Safety Element update are available for public re- view Monday through Way from 8:00 a.m. to 5:00 p.m, at City Hall. Please submit written com- nnenls to Ole Development Services Department If arty group challenges the action in court, the Issues raised may he limited to only those Issues raised at the public hearing described in this no. tice of in written correspondence al, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Deputy Director of Development Services/Economic Development City of Palm Desert , 73-510 Red Waring Drive Palm Desert, CA 92260 (760) 346.0611, Extension 384 eceja0cityofpa I mdesert.org MARTIN ALVAREZ, SECRETARY JANURY 8, 2022 PALM DESERT PLANNING COMMISSION Published: 118/2022 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA 21-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GENERAL PLAN AMENDMENT 21-0002 UPDATING THE CITY'S HOUSING ELEMENT AND SAFETY ELEMENT OF THE GENERAL PLAN The City of Palm Desert Cityk in its capacity as the Lead Agency for this project under the California Environmemal QuaBty Act (CEQA}, has prepared an Initial Study and Negative Dradma lion for the updates to the Housing and Safety Elements of the General Plan. Project Location/Description PRI Oeirdadan: The housing Element is one of the mandated Elements of the General Plan. It considers the future needs for housing in the. Cry, with a particular fucas on affordable bausing and housing for special needs households. indsMm99 the elderly, disabled personal large families, single-panmt households, and homeless. It hoIl aka provides the City's rkdsianmakvs will, Galls, Policies, and Programs intended to facilitate the development of housing to meet these needs. The perbsd from 2022-2025 planing is being addressed in 0% Update. In addition, the City is required to evaluate and update its Safety Elements to address impedi ments to the developmem of housing sites within the City. Recommendation: Staff is recommending that the Planning Commission adopt a resolution ree- gnmending to the CRY Council approval of amendments to the City's Housing and Safety Ele- ments of the General Plan. Public Hearing: The public hearing will be held before the Planning Commission on Tuesday, firmly 18. 2022, at 6 00 p.m. via Zoom. The hearing will be conducted in accordance with the Clty's emeigenep ptolocok for nodal distancing. Optlons far remote participation will be (bled on the Pasted Agenda for the meeting at: hops:/Iw.wwcityalpalmdewrcorg/oupcitylcomminees-and-commissions/planning-mmmissiomini ormation-center. Public Review: The Drain Housing Element and Safety Element update are available for public re view Monday Rural Friday bin 8:00 a.m. to 5:00 p.m. at City Han. Please submit written com. rivals to the Development Services Depurtmom. If airy group challaaps; the action In comb the issues canard maybe limited to only tlmse issues raised at the public hearing described In this no Eric or in written correspondence at, m prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Deputy Director of Development ServiceslEconomic Development City of Palm Deserl 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611, Extension 384 ecejaGerryolpalmdesen org MARTIN ALVAREZ, SECRETARY IANURY 8, 2022 PALM DESERT PLANNING COMMISSION Published: 11812022 -1- CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment Project Title: Housing and Safety Element Updates, Case Number GPA 21-0002 Lead agency name and address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: Eric Ceja, Deputy Director Community Development Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Project location: City-wide Project sponsor’s name and address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 General Plan Designation: All Zoning: All Description of project: Housing Element Update As a required Element of the General Plan, the Housing Element analyzes the existing housing stock and existing and future needs for housing based on demographic data, and provides strategies to meet the housing needs of the City’s residents. The Housing Element focuses on affordable housing and housing for special needs populations, including seniors, disabled persons (including developmental disabilities), large families, single parent households, and the homeless. The Goals, Policies, and Programs identified in this Housing Element will assist the City’s decision makers in facilitating housing development and preservation to address the need. The City is complying with the mandatory update schedule for Housing Elements. This Update addresses the 2022-2029 planning period. During this period, the City has been allocated the following housing units under the Regional Housing Needs Allocation (RHNA) developed by the Southern California Association of Governments (SCAG): Table 1 Regional Housing Needs Allocation, 2022 to 2029 Income Category Number of Units Extremely low income 337 Very low income 338 Low income 460 Moderate income 461 Above moderate income 1,194 Total 2,790 Source: SCAG -2- This Housing Element updated statistical figures from the previous planning period (primarily the 2010 Census information to 2018 American Community Survey information), and reassessed housing needs in the City based on changes in demographics and other conditions. For the land inventory identified for future housing development, some sites have been added/removed as availabilities and conditions change. All sites identified in the land inventory in this Update will be developed pursuant to applicable General Plan guidelines and zoning provisions. There is no significant change in policy other than updates in compliance with state legislation. AB 686 was passed by California Legislature in 2018 requiring that all housing elements due on or after January 1, 2021 must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule (2015). This Update includes an AFH that analyzes patterns of segregation and equal access to opportunity within the City, consistent with AFFH Final Rule. Safety Element Update The Safety Element Update addressed changes in the requirements of law including flood hazard, fire hazard mapping and emergency preparedness. The Safety Element Update reflects the current fire hazard mapping by CalFire and current FEMA flood hazard zones. The Update also expanded discussion on flood hazard, fire hazard and emergency response by referring to the City’s Municipal Code Title 28 Flood Damage Prevention, the Local Hazard Mitigation Plan adopted by the City in 2017 and Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan approved by FEMA and adopted in 2018. It is important to note that neither the Housing Element Update nor the Safety Element Update will result in any physical development or change in the environment. Both Updates are policy documents which the City will use in reviewing and implementing development in the future, as projects are proposed. Utilities and Service Providers The following agencies and companies will provide service to the City: 1. Sewer: Coachella Valley Water District (CVWD) 2. Water: Coachella Valley Water District (CVWD) 3. Electricity: Southern California Edison (SCE) 4. Gas: Southern California Gas Company 5. Telephone: Frontier, Charter Spectrum 6. Storm Drain: City of Palm Desert Environmental Setting and Surrounding Land Uses Not applicable. The Updates apply to all lands throughout the City. Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) None. -3- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Eric Ceja, Deputy City of Palm Desert /o z4z Date -4- -5- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. -6- I. AESTHETICS Except as provided in Public Resources Code Section 21099, would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? ✓ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ✓ c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ✓ d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ✓ Setting The City of Palm Desert is located in the central Coachella Valley, which extends from the San Gorgonio Pass in the northwest and the Salton Sea in the southeast and is surrounded by the San Bernardino and Little San Bernardino, San Jacinto, and Santa Rosa Mountain Ranges. The San Bernardino, Santa Rosa, and San Jacinto Mountain Ranges rise significantly above the valley floor with peak elevations of 11,503, 8,715, and 10,834 feet, respectively. The surrounding mountains are of high aesthetic value across the valley, including the City of Palm Desert. The City regulates new development to ensure that it does not conflict with or adversely impact scenic resources. State-designated scenic highways in the City include State Route 74 and Highway 111, which is a California eligible state scenic highway. The Municipal Code imposes additional development standards for lands within the Scenic Preservation Overlay District (Section 25.28.080). Discussion of Impacts a-d) No Impact. The Housing and Safety Element Updates are policy documents, and will not impact aesthetics, scenic vistas or light and glare in the City. As future housing projects are proposed, they will be reviewed on a case-by-case basis for potential impacts on aesthetics. General Plan policies and zoning provisions limit building height and prevent construction of bulky buildings that may block scenic vistas. Conformance to Zoning standards, which limit height and mass of buildings, will assure that neither scenic vistas nor scenic quality will be significantly impacted by future development after completion of the Updates. -7- A few of the sites in the land inventory are located in the general vicinity of State Route 74 and Highway 111, which are state-designated or eligible scenic highways. These sites do not host any scenic resources such as trees, rock outcroppings, or historical buildings, nor are they located within the Scenic Preservation Overlay District. No impact to these resources will occur. Future housing projects can generate new sources of light and glare; however, residential lighting is generally limited and of low intensity. The City regulates lighting levels and does not allow lighting to spill over onto adjacent property. Municipal Code Chapter 24.16 (Outdoor Lighting Requirements) provides lighting performance criteria and design guidelines for various light sources. The City’s plan check process includes detailed review of landscape and lighting plans. These City standards will assure that development occurring subsequent to the Update will not significantly add to light and glare in the City. No impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016; Palm Desert Municipal Code. -8- II. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? ✓ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ✓ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ✓ d) Result in the loss of forest land or conversion of forest land to non-forest use? ✓ e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? ✓ Setting Agriculture has been a key component in the economy of the Coachella Valley and Riverside County historically. Today, commercial agricultural operations of scale are concentrated in the eastern valley. The City of Palm Desert is predominantly built out with existing urban uses, and does not contain agricultural uses. Per the Palm Desert General Plan and Zoning Ordinance, the City does not contain any land designated or zoned for agricultural uses. While not directly related to agriculture and forest uses, the General Plan includes a potential for golf course reuse that may allow community scale agricultural use. The City’s General Plan does not include Forestry or Forest Production designations, nor does the City have zones for these uses. No forestry or forest production lands occur in the desert climate in the valley. -9- Discussion of Impacts a-e) No Impact. According to the Important Farmland Mapping by the Department of Conservation, all sites identified for future housing in the land inventory are designated as Urban and Built-Up Land or Other Land, except a small fraction of site E near Interstate 10 designated as Farmland of Local Importance. However, the site is designated as Planned Residential on the General Plan land use map, is surrounded by existing commercial and residential development, and has been designated for urban uses for years. The loss is considered to have already occurred. There is no land under Williamson Act contract in the City. All sites in the land inventory are designated as and zoned to allow for residential uses. There will be no conflict with any zoning for agricultural/timberland uses or a Williamson Act contract. This Update to the Housing and Safety Elements of the General Plan will not result in any new direct or indirect impact on any agricultural or forest land, nor would it result in the conversion of such land to non-agricultural or non-forest uses. No impact will occur. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016; Palm Desert Municipal Code; Important Farmland: 1984-2018, California Department of Conservation. -10- III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? ✓ b) 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 ✓ c) Expose sensitive receptors to substantial pollutant concentrations? ✓ d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people? ✓ Setting The City of Palm Desert and the Coachella Valley are located in the Salton Sea Air Basin (SSAB), which covers part of Riverside County and all of Imperial County. The SSAB is characterized by the large scale sinking and warming of air within the semi-permanent subtropical high-pressure center over the Pacific Ocean. The flat terrain near the Salton Sea creates deep convective thermals during the daytime but equally strong surface-based temperature inversions at night. Once the air enters the valley, it gets trapped and influences the local climate. The SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). All development within the SSAB is subject to the 2016 SCAQMD Air Quality Management Plan (AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The City is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio, as well as in the unincorporated community of Thermal. Criteria air pollutants are contaminants for which state and federal air quality standards have been established. The Salton Sea Air Basin exceeds state and federal standards for fugitive dust (PM10) and ozone (O3), and is in attainment for PM2.5 except the City of Calexico. Ambient air quality in the SSAB, including the City of Palm Desert, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or vinyl chloride. Discussion of Impacts a-d) No Impact. The Housing and Safety Element Updates are policy documents, which in and of themselves will have no impact on air quality. As future housing projects are proposed, the City will undertake CEQA review and consider their potential impacts on air quality during construction and operation at the individual project level, including criteria pollutant emissions, -11- impacts on sensitive receptors, and odors. All sites in the land inventory identified for future housing will be developed accordingly with their General Plan and zoning designations. Future development of these sites will be consistent with the 2016 AQMP, which was based, in part, on the land use plans of the jurisdictions in the region. All future projects will be subject to SCAQMD rules and regulations and City requirements for construction related activities to ensure compliance with the 2016 AQMP and 2003 SIP. Typical measures include, but are not limited to the implementation of fugitive dust control measures (SCAQMD Rule 403.1, Municipal Code Chapter 24.12) and the use of low VOC content coatings (SCAQMD Rule 1113). The City’s General Plan contains several policies under Goal 6. Air Quality that restrict sensitive uses within 500 feet of localized air pollution sources such as Interstate 10 and certain industrial facilities. If such separation distance is not possible, the City will require a health impact assessment (HIA) during project-level CEQA review. Future housing developments proposed under the Housing Element typically will not emit odors that would adversely affect a substantial number of people. Mitigation measures will be implemented, where necessary, in accordance with SCAQMD rules and City requirements to reduce potential impacts to less than significant levels. Mitigation Measures: None required Monitoring: None required Sources: SCAQMD AQMP, 2016; “2003 Coachella Valley PM10 State Implementation Plan,” August 1, 2003. -12- IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse 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 California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ b) 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 California Department of Fish and Game or US Fish and Wildlife Service? ✓ c) Have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d) 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? ✓ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ✓ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ✓ Setting The Coachella Valley is located within the Sonoran Desert subunit of the Colorado Desert. The Sonoran Desert contains a wide range of biological resources that are highly specialized and endemic to the region. The central portion of the valley, including the City of Palm Desert, is predominantly composed of sand dunes and sand fields that are divided into three sub-communities: active sand dunes, active sand fields, and stabilized and partially stabilized desert sand fields. Undeveloped portions of the City of Palm Desert host a variety of biological resources. Ten (10) special- status plant species and fifteen (15) special-status wildlife species are known to occur in the City. Due to the loss of viable habitat, some of these species have been listed as threatened or endangered by the federal and state governments. -13- The City is within the boundaries of CVMSHCP, a comprehensive Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan encompassing approximately 1,136,400 acres in the Coachella Valley. The City of Palm Desert is a Permittee to the CVMSHCP and as such subject to its provisions. The City is required to enforce the requirements of the Plan and will do so for all future housing projects. Discussion of Impacts a-f) No Impact. The Housing and Safety Element Updates will not generate any construction or development, nor will they impact biological resources. The sites identified for future housing in the land inventory are not located within or adjacent to a conservation area under the CVMSHCP. This Update does not expand new housing sites beyond what is currently allowed under the General Plan. There are generally no streams, rivers, wetlands or riparian habitat on those sites, nor on lands designated for housing in general. Because most of the identified sites are infill sites and occur in an urban setting, they have minimal potential to support wildlife movement or nursery sites. As future housing projects are proposed, the City will require the preparation of biological resource studies, where appropriate, and implementation of mitigation measures to protect biological resources as necessary. New development will be required to pay the Local Development Mitigation Fee (LDMF) implemented by the City under the CVMSHCP. Payment of the LDMF is intended to offset potential impacts of cumulative projects on covered biological species. The City’s General Plan Policy 3.3 under Goal 3. Passive Open Space calls for preservation of natural land features including important or landmark trees. This will be considered during individual project review. Overall, no impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -14- V. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? ✓ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? ✓ c) Disturb any human remains, including those interred outside of formal cemeteries? ✓ Setting The City of Palm Desert lies in the Coachella Valley, which has been home to the Cahuilla Indians for centuries. The Cahuilla Indians are a Takic-speaking people that before European settlement consisted primarily of hunters and gatherers who are generally divided into three groups based on their geographic setting: the Pass Cahuilla of the San Gorgonio Pass-Palm Springs area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley; and the Desert Cahuilla of the eastern Coachella Valley. The Coachella Valley saw the first noted European explorations in the 1820’s. By the 1870’s non-native settlements began to occur across the Coachella Valley, as new federal laws opened lands for new settlers. The discovery of underground water sources began to increase farming activities throughout the Valley in the early 20th century. The modern community of Palm Desert was established on the north side of Highway 111, near a now extant water hole. After World War II, the Henderson brothers organized the Palm Desert Corporation to promote their new desert town. In 1946, they started constructing streets and commercial buildings which later became known as Palm Desert. The City soon joined the boom of country clubs and golf courses along with other communities in the Coachella Valley, and was officially incorporated as the 17th City in Riverside County in 1973. The City of Palm Desert Cultural Resources Preservation Committee maintains the Palm Desert Register, a listing of historical landmarks within the City, which includes seven landmarks. Municipal Code Title 29, Cultural Resources, contains provisions to prevent demolition and/or damage to historic resources. Discussion of Impacts a-c) No Impact. The Housing and Safety Element Updates are policy documents and will not impact cultural resources. The Safety Element Update primarily affects fire hazard zones and flood zones, both of which will be used in considering future housing development proposals, but neither of which will impact cultural resources. The sites identified for future housing in the land inventory are vacant and do not contain any known historical resources. When future housing projects are proposed on previously undeveloped -15- lands, the City will require an archaeological study during the CEQA review, as required by the General Plan. Mitigation measures such as monitoring and recording and preservation of resources upon discovery will also be required as appropriate. During the Project-level CEQA process, the City will also conduct tribal consultation on potential cultural resources pursuant to AB 52 and/or SB 18. The consultation process is detailed in Section XVIII, Tribal Cultural Resources. There are no known cemeteries or Native American burial sites within the City. However, should human remains be discovered during construction of future housing projects, proper procedures are required under California Health and Safety Code Sections 7050.5 and 7052 and California Public Resources Code Section 5097. The state laws will assure that there will be no impact to cemeteries or human remains. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -16- VI. ENERGY Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ✓ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ✓ Setting Energy sources range from nuclear energy, fossil fuels (e.g. oil, coal and natural gas) to renewable sources (e.g. wind, solar, geothermal and hydropower). Southern California Edison (SCE) provides electrical services to the City of Palm Desert. Currently, SCE serves approximately 4.5 million residential service accounts, 575,000 commercial service accounts and 77,000 other accounts in its 50,000 square-mile service area.1 Natural gas is provided by the Southern California Gas Company (SoCalGas). Its service territory encompasses approximately 24,000 square miles in diverse terrain throughout Central and Southern California, from the City of Visalia to the Mexican border.2 Both SCE and SoCalGas offer various programs and incentives for all users to reduce energy consumption. The City of Palm Desert completed its Environmental Sustainability Plan in 2010, which includes measures on the built environment and energy management that promote energy efficiency and renewable power generation. Discussion of Impacts a, b) No Impact. The adoption of the Housing and Safety Element Updates will not generate construction or development directly, and will have no impact on energy resources. Mapping and text updates to the Safety Element relating to fire and flood zones will not impact energy resources. Future housing projects proposed under the Housing Element will utilize energy resources during both construction and operational activities. Construction components including equipment, fuels, materials, and management practices, would be subject to current SCAQMD rules and regulations such as source-specific standards for engines and limits on equipment idling durations. Regional, state, and federal laws and regulations are in place to ensure efficient energy use and will apply to future projects. These include the state Low Carbon Fuel Standard for construction equipment and heavy-duty vehicle efficiency standards, and vehicle fuel efficiency standards set by the EPA and CARB. Future housing developments would result in the consumption of petroleum-based fuels related to vehicular travel. While future housing projects have the potential to increase the overall City 1 Edison International and Southern California Edison, 2019 Annual Report. 2 SoCalGas, Company Profile, https://www.socalgas.com/about-us/company-profile, Accessed February 2021. -17- VMTs, the proposed Update will not interfere with evolving fuel efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of transportation energy resources. Further, housing sites are located in areas where transit, services and job opportunities are nearby, allowing future residents to limit vehicle trips. All residential buildings will be constructed in accordance with the Building Code and California Green Building Standards (California Building Code Title 24) in effect at the time of development, which will ensure the most efficient construction/building technologies are used and benefit overall building operations. The 2019 CBC requires all residential buildings to be constructed net- zero-energy after 2020. Adherence to the applicable laws and standards enforced by government agencies, SCE and SoCalGas will ensure that future housing development is consistent with current energy standards and conservation goals laid out in the City’s Environmental Sustainability Plan (2010). No impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City’s Environmental Sustainability Plan (2010). -18- VII. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) 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. ✓ ii) Strong seismic ground shaking? ✓ iii) Seismic related ground failure, including liquefaction? ✓ iv) Landslides? ✓ b) Result in substantial soil erosion or the loss of topsoil? ✓ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ✓ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? ✓ e) 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? ✓ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ✓ Setting The City of Palm Desert is located in the Coachella Valley on the northern end of the Salton Trough, a tectonic depression formed by regional faulting and extending from the San Gorgonio Pass to the Gulf of Mexico. The geology and seismicity of the valley are highly influenced by the tectonics of the San Andrea and San Jacinto fault systems. -19- Episodic flooding of major regional drainages, including the Whitewater River, results in the deposition of sand and gravel on the valley floor. Strong sustained winds emanating from the San Gorgonio Pass cause wind erosion and transport and deposit dry, finely granulated, sandy soils on the valley floor. Regional soils range from rocky outcrops within the mountains bordering the valley to coarse gravels of mountain canyons and recently laid fine- and medium-grained alluvial (stream-deposited) and aeolian (wind-deposited) sediments on the central valley floor. Discussion of Impacts a-f) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on geology and soils. Future development facilitated by the Housing Element Update will result in construction of buildings that will be affected by seismic events and soil composition. According to the City’s General Plan (Figure 8.1), there are no Alquist-Priolo Earthquake Fault Zones within the City. However, the active faults in the region are capable of generating strong earthquakes in the City; for example, the closest branch of the San Andreas Fault has a probable magnitude range of 6.8-8.0 on the Richter scale; the San Jacinto Fault and the Elsinore Fault, located 10 miles and 30 miles southwest of the City, respectively, have a probable magnitude range of 6.5-7.5. Future housing projects will be required to comply with the current edition of the California Building Code (CBC) which includes seismic safety specifications and requirements. Additionally, Palm Desert Municipal Code Section 25.28.110 sets development standards and requirements for areas in the Seismic Hazard Overlay District that must be incorporated into development proposals and requires in-depth geological soils investigations and technical studies. Sites planned for housing development and those identified in the land inventory are not within the Seismic Hazard Overlay on the City’s zoning map. As future housing projects are proposed, they will be required to address geologic and soil hazards during the CEQA process and incorporate mitigation, as necessary. Lands susceptible to landslide hazards are not designated for housing development. Liquefaction is generally not an issue in the City, as the depth to groundwater exceeds 50 feet. Future housing projects will be required to submit and implement a site-specific dust control mitigation plan as part of the grading permit process to minimize potential impacts caused by blowing dust and sand during construction. The City will also enforce NPDES standards, including a water quality management plan (WQMP) and Best Management Practices (BMPs) to prevent erosion or siltation on- or off-site. All sites identified in the land inventory are well-served by the sewer system, and future housing development will be required to connect to the sewer system. No impact will occur regarding septic tanks or alternative wastewater disposal systems. According to the Riverside County General Plan EIR (Figure 4.9.3), most of the City is of low paleontological sensitivity. Potential impacts to paleontological resources will be addressed at the individual project level and mitigation is required by the City as appropriate (General Plan Policies 9.6 & 10). No impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert Zoning Map; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -20- VIII. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ✓ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ✓ Setting Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. Prominent GHGs contributing to the greenhouse effect are CO2, methane (CH4), nitrous oxide (N2O), and fluorinated compounds. Sources of GHGs include both natural and anthropogenic (human-caused) processes. Anthropogenic emissions of these GHGs in excess of natural ambient concentrations are responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. State laws, such as Assembly Bill 32 (AB 32) and Senate Bill 32 (SB 32), require all cities to reduce greenhouse gas emissions to 1990 levels by the year 2020. SB 32 is the extension of AB 32 which requires the state to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. To protect air quality locally and contribute to the state mandate to reduce air quality emissions, the City of Palm Desert has adopted an Environmental Sustainability Plan (2010) that is consistent with the goals of AB 32 and S-3-05, which calls for a statewide GHG emission reduction to 80% below 1990 levels by 2050. GHG Thresholds On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that only applies to industrial uses’ stationary sources where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project’s greenhouse gas emissions would be considered significant if it could not comply with at least one of the following “tiered” tests: • Tier 1: Is there an applicable exemption? • Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32? • Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation? Discussion of Impacts a, b) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on greenhouse gas emissions as they will not generate construction or development directly. -21- Modifications to the Safety Element relating to fire and flooding areas will not impact greenhouse gas emissions. As individual housing projects are proposed in the future, they will be required to analyze potential impacts on GHG emissions using the tiered GHG thresholds by SCAQMD during the CEQA process. Future projects will be required to adhere to City and SCAQMD rules and regulations related to emission effective at the time development occurs. The 2019 California Building Code requires all residential buildings to be constructed net-zero-energy (ZNE), which will greatly reduce the GHG emissions of future housing projects. The Housing Element also identifies local conservation efforts and opportunities that will help reduce GHG emissions. No impact is anticipated regarding any conflict with the City’s Sustainability Plan and other applicable GHG policies and regulations. Mitigation Measures: None required Monitoring: None required Sources: Palm Desert General Plan, 2016; City’s Environmental Sustainability Plan (2010). -22- IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ✓ b) 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? ✓ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ✓ d) 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? ✓ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? ✓ f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ✓ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. ✓ Setting A hazardous material is defined as a substance or combination of substances which may either (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. The proper management of hazardous materials is a common concern for all communities, including the City of Palm Desert. Since the 1970s, governments at the federal, state, and local levels became increasingly concerned about the effects of hazardous materials on human health and the environment. Numerous laws and regulations were developed to investigate and mitigate these effects. As a result, the storage, use, generation, transport, and disposal of hazardous materials are highly regulated by federal, -23- state, and local laws and regulations. The Palm Desert General Plan Safety Element addresses hazardous materials that may occur in the City and their management, as well as emergency access and response. Discussion of Impacts a-g) No Impact. The Housing and Safety Element Updates are policy documents and will have no impact on hazards and hazardous materials. As future housing projects are proposed, they will be required to consider and address such potential impacts at the project level during CEQA review; however, residential development typically involves minor use, storage, or transport of hazardous materials, and projects are not expected to have significant impacts. The Safety Element Update refers to the updated Local Hazard Mitigation Plan adopted by the City in 2017 and Riverside County Multi-Jurisdictional Local Hazard Mitigation Plan approved by FEMA and adopted in 2018, which provide current guidance on hazard mitigation and emergency response in and around the City. There are many schools located throughout the City, and some are close to the sites identified for future housing in the land inventory. However, as noted, housing development is unlikely to cause significant impacts on hazardous materials, and any such impact would be addressed at the individual project level. According to the California Department of Toxic Substances Control “EnviroStor” database and the State Water Resources Control Board GeoTracker database, the sites identified in the land inventory are not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Future projects are not expected to create a hazard to the public or the environment. They will also be required to comply with police and fire department regulations including adequate emergency access and vehicle turn-around space. Part of the eastern City is located in the Bermuda Dunes Airport Compatibility Zones C and E per the Riverside County Airport Land Use Compatibility Plan (2004). The sites identified in the inventory for future housing development are located in the western half of the City and far from the airport compatibility zones and future noise contours (Exhibits BD-6 and BD-7). The Palm Springs International Airport is located at least 5.6 miles to the northwest. There are no other airports or airstrips located within two miles of the City. Therefore, the proposed Update will not result in a safety hazard or excessive noise for people on the identified housing sites. Primary emergency evacuation routes in the City include I-10, Highway 111, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Future development on the sites identified in the inventory will have access to these routes. Future housing projects will be required to comply with police and fire department regulations to assure adequate emergency access and vehicle turn- around space. No impact to emergency access or evacuation routes is anticipated. The Safety Element Update includes the up-to-date fire hazard mapping by the California Department of Forestry and Fire Protection (CalFire). The sites identified for future housing in the inventory are not located within or near any state responsibility area or very high fire hazard severity zone. Future housing projects will be required to adhere to applicable fire codes and would be subject to Fire Department review and inspection. There will be no impact on exposing people or structures to a significant risk associated with wildfire hazards. -24- Mitigation Measures: None required Monitoring: None required Source: City of Palm Desert General Plan, 2016; Riverside County Airport Land Use Compatibility Plan, December 2004; State Water Resources Control Board, GeoTracker, accessed April 2021; California Department of Toxic Substances Control “EnviroStor” Database, accessed April 2021; California Fire Hazard Severity Zone Viewer, https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414, last updated January 13, 2020. -25- X. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ✓ b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ✓ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; ✓ (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; ✓ (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ✓ (iv) impede or redirect flood flows? ✓ (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ✓ (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ✓ Setting Domestic Water The Coachella Valley Water District (CVWD) provides domestic water service to the City of Palm Desert. The District’s primary water source is groundwater extracted through a system of wells from the Whitewater River subbasin. In addition to groundwater, CVWD relies on imported water brought to the region by regional canals. CVWD’s domestic water system includes 97 wells with a total daily pumping capacity of 244 million gallons. CVWD has a total of 64 reservoirs, with an average storage capacity of 153.2 million gallons. CVWD also owns and operates the water distribution system, which is generally located under existing streets in the public right‐of-way. -26- CVWD is responsible, under the California Water Code, for analyzing its current and future water supply, and assuring that sufficient supply is available to serve land uses within the District, through the preparation of an Urban Water Management Plan (UWMP). CVWD is required to periodically update the Plan. Wastewater Treatment Provider and Sewer System CVWD also provides sewer service to the City of Palm Desert. CVWD maintains sewer trunk lines ranging in size from 4 to 24 inches and five sewer lift stations in City boundaries. Effluent from the City is conveyed to CVWD’s Cook Street treatment plant (Water Reclamation Plant No. 10), which has a total capacity of 18 million gallons per day (mgd), including 15 mgd tertiary treatment capacity as of 2019. CVWD also implements the requirements of the Regional Water Quality Control Board pertaining to domestic water quality and wastewater discharge. Flood Control The City is located on the valley floor where rainfall averages 3 inches annually. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. There are five stormwater channels in Palm Desert: the Whitewater River Channel, and its tributaries: Dead Indian Creek, the Deep Canyon Channel, the Palm Valley System, and the East Magnesia Channel. The City implements standard requirements for the retention of storm flows and participates in the National Pollution Discharge Elimination System (NPDES) to protect surface waters from pollution. Discussion of Impacts a-e) No Impact. The adoption of the Housing and Safety Element Updates will not impact hydrology and water quality. As future housing projects are proposed, they will be required to prepare a Water Quality Management Plan (WQMP) for surface waters in conformance with the NPDES and implement Best Management Practices (BMPs) to address the management of pollutants of concern that may be generated onsite, as identified by the WQMP. The City requires that all projects retain the 100-year storm on site. CVWD’s most recent Urban Water Management Plan (UWMP) indicates that sufficient water supplies are available to serve anticipated future growth.3 Housing sites identified in the Update are consistent with the General Plan, on which, in part, CVWD bases its demand and supply projections. Future projects will be required to comply with Title 24 provisions on efficient use of water. Because the sites identified in the land inventory will be developed according to their General Plan land use designations, CVWD will have adequate water supplies to serve those sites. The Safety Element updates the FEMA Flood Zones map (Figure 8.4). According to FEMA’s Flood Insurance Rate Maps, none of the sites identified in the land inventory are located in or adjacent to a 100-year or 500-year FEMA Flood Zone. The sites are not located in the vicinity of a water body or a dam, and are not subject to impacts of seiches or dam failure. The City is located inland and would not be subject to tsunami. While the General Plan identified potential inundation risk from the Wide Canyon Flood Control Dam located in the Fun Valley, it is managed by the Riverside County Flood Control and Water Conservation District under state laws to ensure dam safety. General Plan Policy 3.5 calls for disseminating information on dam inundation areas and 3 “2015 Urban Water Management Plan, Final Report,” CVWD, July 1, 2016. -27- potential risks including dam failure, and no specific risk is identified for the future housing sites. Compliance with standard requirements will minimize any potential impacts regarding hydrology and water quality. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016; 2015 Urban Water Management Plan (Final Report), CVWD, July 1, 2016. -28- XI. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? ✓ b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ✓ Setting The City of Palm Desert seeks to maintain a desirable living environment and robust economy through careful planning of a diversity of land uses framed by preserved hillsides and desert open space. Except the larger vacant parcels in the northern City, infill development will be prioritized to balance growth and protection of the valued natural environment. Discussion of Impacts a-b) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on land use and planning. The sites identified for future housing in the land inventory are designated for residential uses in the General Plan and Zoning Code, and will be developed under the applicable provisions. The identified sites are currently vacant, either surrounded by independently operated uses or individual parcels in a larger residential neighborhood. Future housing projects will not divide an established community, nor conflict with any plans, policy, or regulation on land use and planning. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; Palm Desert Municipal Code. -29- XII. MINERAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ✓ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ✓ Setting The State of California has recognized the importance of mineral resources for construction materials and other economic purposes. The California Surface Mining and Reclamation Act of 1975 (SMARA) addresses the loss of regionally significant mineral deposits to urban development. The Act requires the Department of Conservation to create Production-Consumption Regions, which are areas where significant mineral resources of statewide importance and regional significance are produced and consumed, and a classification system that identifies lands where significant mineral resource deposits are located. The Palm Springs Production-Consumption Region covers approximately 631 square miles of the Coachella Valley from near Cabazon to Thermal, including the entire City of Palm Desert. Lands within the Production-Consumption Region are classified according to the presence of valuable mineral resources. The City is located within Mineral Resource Zone 3 (MRZ-3), defined as “areas containing known or inferred mineral occurrences of undetermined mineral resource significance.” Discussion of Impacts a, b) No Impact. The adoption and implementation of the Housing and Safety Element Updates will have no impact on mineral resources. According to the General Plan EIR, no known mineral sources exist in the City, and the significance of any mineral resource in MRZ-3 is considered speculative because no mining has historically occurred in the area. There are no active mining sites in the City. The sites identified in the land inventory are not designated, used, or planned for mineral resource extraction or development. Mitigation Measures: None required Monitoring: None required Sources: Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016; Update of Mineral Land Classification Map for Portland Cement Concrete-Grade Aggregate in the Palm Springs Production- Consumption Region, Riverside County, California (Special Report 198), California Geological Survey, 2007. -30- XIII. NOISE Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ✓ b) Generation of excessive groundborne vibration or groundborne noise levels? ✓ c) For a project located within the vicinity of a primate airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ✓ Setting In the City of Palm Desert, the predominant noise source is traffic (motor vehicles), followed by other noise generators such as construction activities, commercial activities and landscape equipment. Noise- sensitive receptors in the City include housing, schools, libraries, and senior care facilities. Effective methods to reduce the impacts of noise on sensitive land uses include vehicle trip reduction, noise barriers, and setbacks. City’s Noise Standards Table 7.1 Noise Compatibility Matrix of the General Plan defines the level of acceptable noise for different land uses in the City. Normally acceptable noise levels range from 50 to 65 dBA CNEL for multifamily residential development and 50 to 60 dBA CNEL for single-family residential development. These allowable noise levels do not include construction-related noise levels, as construction activities generate temporary noise. General Plan standards are supplemented by Municipal Code 9.24.030, Sound Level Limits, which regulate noise in different zones throughout the City. Discussion of Impacts a-c) No Impact. The adoption of the Housing and Safety Element Updates will have no impact on noise. As future housing projects are proposed, they will be required to assess noise impacts during the building permit and CEQA processes. The City may require site-specific noise studies to assess roadway and railroad noise impacts, where appropriate. The development of future housing projects will result in temporary construction noise. Construction noise is exempt from the noise standards set forth in Section 9.24.030 of the Municipal Code; however, it is restricted to generally less sensitive daytime hours on Monday through Saturday (excluding holidays, see Municipal Code Section 9.24.070). At buildout, the housing developments will be required to comply with the operational noise levels established in -31- the Municipal Code related to residential property, which is 45 dBA between 10pm to 7am and 55 dBA from 7am to 10pm. Residential development is not a noise generator, and future housing projects are not expected to exceed City standards. Traffic noise generated on adjacent streets will be analyzed when projects are proposed, but generally can be mitigated if elevated through walls and setbacks on future projects. The potential noise impacts on sensitive receptors will be addressed in site-specific noise studies and project-level CEQA review. As noted in Section IX above, none of the sites identified in the land inventory are located within or near the noise contours of the Bermuda Dunes Airport. There are no other airports or airstrips within two miles of the City. No impact would occur. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; Palm Desert Municipal Code; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -32- XIV. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ✓ b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ✓ Setting The City of Palm Desert has a current population of approximately 53,892 persons (2021), which is expected to grow to 64,100 in 2045. The City’s housing stock is a mix of single-family, multi-family, and mobile home development, and the majority (68.4%) of housing units are single-family homes. Discussion of Impacts a, b) No Impact. The adoption of the Housing and Safety Elements Update will not impact population or housing, as it does not generate any development. The Element includes goals, policies, and programs to facilitate housing development in the City to meet the need of its residents. The Housing Element does not create any immediate need of housing. As future housing projects are proposed, the programs identified in the Housing Element may apply and be implemented as appropriate. The Housing Element will not induce any growth beyond what is envisioned in the General Plan, and the City’s RHN allocation does not generate population in excess of existing forecasts. The sites identified in the land inventory are well served by utilities and the City’s roadway network. No utility or roadway extension are expected other than onsite connections. Because the identified sites for housing are vacant, future development will not displace people or housing. Overall, no impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: E-5 City/County Population and Housing Estimates, California Department of Finance, January 1, 2021; 2020-2045 RTP/SCS, Demographics and Growth Forecast Technical Report, Southern California Association of Governments, adopted September 3, 2020. -33- XV. PUBLIC SERVICES Would the project result in: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact Fire protection? ✓ Police protection? ✓ Schools? ✓ Parks? ✓ Other public facilities? ✓ Setting Fire Protection The City of Palm Desert contracts with the State of California (CalFire) and Riverside County Fire Department to receive fire protection services. Palm Desert has a total Fire Department staffing of 44 positions at the three fire stations (No.33, No.67, and No.71) within the City limits. The City also receives backup fire support from Station No. 55 in Indian Wells, and Stations No. 50 and No. 69 in Rancho Mirage, based on a regional cooperative agreement. Police Protection The City of Palm Desert contracts with the Riverside County Sheriff’s Department for police protection services. Staffing consists of 80 sworn officers, 36 of which are dedicated to the patrol division, with the remaining dedicated to special assignments such as the Traffic Division, Special Enforcement Team, the Motorcycle Enforcement Unit, K-9 Officer, Business District Team, School Resource Officers, the Coachella Valley Violent Crime Gang Task Force and Narcotics Enforcement. The City of Palm Desert currently provides about 1.56 sworn officers for every 1,000 residents. In 2013, the response time to the highest priority calls was within 5.58 minutes. Schools The City of Palm Desert is located within the jurisdictions of two school districts: Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District (PSUSD). Parks The City of Palm Desert currently operates and maintains 203.9 acres of park land in twelve parks. -34- Discussion of Impacts No Impact. The Housing and Safety Element Updates are policy documents, and will have no impact on public services. As future housing projects are proposed, they will be required to assess potential impacts on public services during CEQA review. The sites identified for future housing in the land inventory are generally located in developed areas of the City, and thus less likely to result in significant impacts on public services. The Safety Element Update includes current mapping by the California Department of Forestry and Fire Protection (CalFire), which shows lands designated for housing are located out of any State Responsible Areas or Very High Fire Hazard Severity Zones (VHFHSZ). Future housing development will be subject to all Municipal Code and RCFD Fire Protection Standards as well as Police Department regulations and procedures to assure adequate fire and general safety and emergency response. In addition, future projects will be required to pay City development impact fees to contribute its fair share of future facilities and apparatus. PSUSD and DSUSD implement mandated developer fees on new residential development per state law to mitigate potential impacts to school resources. Future housing projects will be required to provide on-site parks or pay in lieu fees to accommodate the increased demand created by new residents. These fees are designed to offset the population growth generated by new housing, and will be used by the City to purchase and improve park sites, consistent with General Plan standards. Overall, no impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert website, accessed April 2021; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -35- XVI. RECREATION Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ✓ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ✓ Setting The City of Palm Desert currently maintains and operates over 200 acres of park land in twelve public parks, two community centers, an Aquatic Center, and over 25 miles of multi-purpose trails. The City partners with the Desert Recreation District to provide recreational programs and activities for all ages year-round. Other recreational facilities in Palm Desert include three municipally owned golf courses and the Family YMCA located in Civic Center Park. City residents also enjoy access to numerous private golf courses, large open space reserves, the nearby Santa Rosa and San Jacinto Mountains National Park and other local and regional recreational resources. Discussion of Impacts a, b) No Impact. The Housing and Safety Element Updates will not impact recreation. The General Plan Environmental Resources and Land Use & Community Character Elements contain provisions to preserve and enhance open space and recreational amenities in the City, and also encourage open space and park facilities within each neighborhood concurrent with, or prior to its development. As future housing projects are proposed, they will be required to assess potential impacts on recreational resources at the individual project level, and include recreational facilities on-site. No impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert website, accessed April 2021; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -36- XVII. TRANSPORTATION Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ✓ b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ✓ c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ✓ d) Result in inadequate emergency access? ✓ Setting Roadways in the City of Palm Desert are classified into various roadway types based on number of lanes and other facilities, including bicycle lanes, sidewalks and parkways. The City sets an acceptable Level of Service (LOS) for both roadway segments and intersection operations at LOS C or better; when physical constraints, land use compatibility or other urban design considerations make achieving LOS C impractical, LOS D shall be acceptable. Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt VMT as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate went into effect July 1, 2020. To aid in this transition, the Governor’s Office of Planning and Research (OPR) released a Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018). The City of Palm Desert has not adopted its own VMT guidelines. The County of Riverside adopted its Transportation Analysis Guidelines for Level of Service & Vehicle Miles Traveled in December 2020, which may be used upon approval of the City traffic engineer. Discussion of Impacts a-d) No Impact. The proposed Housing and Safety Element Updates will not generate construction or development, and will have no impact on transportation. As future housing projects are proposed, the City will require project-specific traffic impact analyses and VMT analyses, where appropriate. The projects will also be subject to City standards on roadway improvements, parking and emergency access, and will be required to pay their fair share toward offsite improvements. These requirements will be mandated through conditions of approval by the City. Prior to construction, site plans of future projects will be reviewed by both the Fire Department and Police Department plan to ensure safety measures are incorporated, including emergency access and geometric design. -37- The sites identified for future housing in the land inventory are generally located on the City’s developed roadway network, and are not expected to interfere with the network. Most of the identified sites are close to transit routes, bicycle routes and pedestrian facilities, and future residents will be able to utilize multi-modal transportation. SunLine Transit Agency reviews and updates the transit service periodically to address ridership, budget and community demand needs. The City’s General Plan Goal 5 and Policies 5.1 through 5.6 also promote and encourage public and private transit service and the connections to bicycle and pedestrian networks. No impact would occur on the circulation system. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, August 2016. -38- XVIII. TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ✓ ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. ✓ Setting As discussed in the Section V, Cultural Resources, Cahuilla Indians are known to have lived in the Coachella Valley for thousands of years. They were Takic-speaking and lived in various groups in the area. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the Indian reservations in and near the Coachella Valley, including the Cabazon, Augustine, Torres Martinez, Twenty-nine Palms, Agua Caliente, and Morongo. Numerous cultural resources are found throughout the valley which are considered non-renewable resources because they provide important information about the past. Discussion of Impacts a) i, ii) No Impact. The Housing and Safety Element Updates will have no impact on tribal cultural resources. The Update will not generate construction or development, nor does it expand sites for future housing development beyond what is allowed under the General Plan. -39- According to the General Plan EIR, a total of 36 cultural resources containing prehistoric components have been recorded in the City of Palm Desert. The sites identified in the land inventory are not known to contain any tribal cultural resources. The City conducted AB 52 and SB 18 consultation for the proposed Update and sent out written letters to 16 tribes in July of 2021. The Agua Caliente Band of Cahuilla Indians responded, and indicated that they did not have concerns about the Update, and concluded consultation. No other consultation requests were received. As future housing projects are proposed, the City will undertake Tribal Consultation in conformance with AB 52 and/or SB 18 requirements, and incorporate requests and input from consultation in conditions of approval and/or as mitigation measures in the environmental review process. The City also requires an archaeological resources assessment for new development that involves ground disturbing activities and proper mitigation measures where necessary. These requirements assure that there will be no impact from the eventual development of housing sites in the City. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. -40- XIX. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ✓ b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? ✓ c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ✓ d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ✓ e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ✓ Setting Domestic Water The Coachella Valley Water District (CVWD) provides domestic water service to the City. The District’s primary water source is groundwater extracted through a system of wells from the Whitewater River subbasin, supplemented by imported water via regional canals. CVWD’s domestic water system includes 97 wells with a total daily pumping capacity of 244 million gallons. CVWD has a total of 64 reservoirs, with an average storage capacity of 153.2 million gallons. CVWD also owns and operates the water distribution system, which is generally located under existing streets in the public right‐of-way. CVWD is responsible, under the California Water Code, for analyzing its current and future water supply, and assuring that sufficient supply is available to serve land uses within the District, through the preparation of an Urban Water Management Plan (UWMP). CVWD is required to periodically update the Plan. -41- Wastewater Treatment Provider and Sewer System The Coachella Valley Water District (CVWD) also provides sewer service to the City. CVWD maintains sewer trunk lines ranging in size from 4 to 24 inches and five sewer lift stations in City boundaries. Effluent from the City is conveyed to CVWD’s Cook Street treatment plant (Water Reclamation Plant No. 10), which has a total capacity of 18 million gallons per day (mgd), including 15 mgd tertiary treatment capacity as of 2019. CVWD also implements the requirements of the Regional Water Quality Control Board pertaining to domestic water quality and wastewater discharge. Stormwater Management Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. There are five stormwater channels in Palm Desert: Whitewater River Stormwater Channel, and its tributaries: Dead Indian Creek, the Deep Canyon Channel, the Palm Valley System, and the East Magnesia Channel. The City implements local stormwater management. Electric Power and Natural Gas Southern California Edison (SCE) provides electrical services to the City of Palm Desert. Many neighborhoods in the City were developed prior to the placement of underground electric facilities, and thus have overhead power lines. Natural gas is provided by the Southern California Gas Company (SoCalGas). Solid Waste Burrtec Waste and Recycling Services, LLC (Burrtec) provides solid waste disposal to the City through a franchise agreement. Non-hazardous household, commercial and most nonhazardous industrial solid waste collected is taken to the Edom Hill Transfer Station in Cathedral City, which is permitted to receive 3,500 tons of waste per day. From there solid waste is transported to the Lamb Canyon regional landfill, which is owned by the County of Riverside and had a remaining capacity of 19,242,950 cubic yards as of 2015. Discussion of Impacts a-e) No Impact. The Housing and Safety Element Updates will have no impact on utilities and service systems. As future housing projects are proposed, they will be required to assess potential impacts on utilities at the individual project level during CEQA review. CVWD undertakes long term planning for domestic water and wastewater treatment services within its service area. The sites identified for future housing in the land inventory will be developed according to their General Plan land use designations, and thus consistent with the plans of CVWD. As discussed in Section X, future projects are required by the City to provide adequate onsite drainage facilities to accommodate a 100-year controlling storm event and implement best management practices (BMPs) to minimize impacts on the public drainage system. The sites identified for housing in the land inventory are well served by utility services. Future housing development is expected to provide local connections to nearby existing SCE, SoCalGas, and Frontier Communications and/or Spectrum infrastructure. These service providers plan their infrastructure and services based on projected local development and growth. Local and regional solid waste facilities have sufficient capacities to serve the City and planned housing development. All future projects will be required to analyze their demand for utilities at the individual project level. Overall, no impact is anticipated. -42- Mitigation Measures: None required Monitoring: None required Sources: Sanitary Sewer Management Plan, CVWD, December 1, 2019; 2015 Urban Water Management Plan (Final Report), CVWD, July 1, 2016; Solid Waste Information System, www2.calrecyle.ca.gov, CalRecycle, accessed April 2021. -43- XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ✓ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ✓ c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ✓ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ✓ Setting Wildfire is a nonstructural fire that occurs in vegetative fuels, excluding prescribed fire. Wildfires can occur in undeveloped areas and spread to urban areas where landscape and structures are not designed and maintained to be ignition resistant. A wildland-urban interface (WUI) is an area where urban development is located in proximity to open space or “wildland” areas. The potential for wildland fires represents a hazard where development is adjacent to open space or within close proximity to wildland fuels or designated fire severity zones. The California Department of Forestry and Fire Protection (CalFire) has mapped areas of significant fire hazards in the state through its Fire and Resources Assessment Program (FRAP). These maps place areas of the state into different fire hazard severity zones (FHSZ) based on a hazard scoring system using subjective criteria for fuels, fire history, terrain influences, housing density, and occurrence of severe fire weather where urban conflagration could result in catastrophic losses. The City of Palm Desert is exposed to fire-related hazards from two potential sources: wildfires and fires that occur in urban settings. Wildfire hazards are highest in areas of the community near the WUI. Southern portions of the City are susceptible to the risk of wildland fires. There are very high fire hazard severity zones (VHFHSZ) in both local and state responsibility areas in the southern Sphere of Influence (SOI). In the southeastern corner of the City, the state responsibility area encroaches into the City limits and includes very high and high fire hazard severity zones. The VHFHSZ overlaps with some residences on Canyon View Drive and Desert Vista Drive. The high fire hazard severity zone covers undeveloped desert land and an aboveground water tank. -44- Discussion of Impacts a-d) No Impact. The adoption of the Housing Element Update will have no impact on wildfire. As required by state law, the Safety Element in the General Plan is also being updated, including the most recent fire hazard mapping by CalFire. This update will allow the City to accurately gage fire risk when development is proposed in the future. The sites identified for future housing in the land inventory are not located within or near any state responsibility area or very high fire hazard severity zone. These sites are in the urban area of the City and within the established roadway network. Future development on these sites will have access to primary emergency evacuation routes in the City, including I-10, Highway 111, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Future housing projects will be reviewed for compliance with the Fire Department design guidelines. Potential wildfire- related risks due to project location and topography will be evaluated during CEQA review and in site-specific geotechnical studies, as discussed in Section VII. Overall, no impact is anticipated. Mitigation Measures: None required Monitoring: None required Sources: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.3.7786; California Fire Hazard Severity Zone Viewer, https://gis.data.ca.gov/datasets/789d5286736248f69c4515 c04f58f414, last updated January 13, 2020. -45- XXI. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ✓ b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ✓ c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ a-c) No Impact. The Housing and Safety Element Updates will not impact the environment. As noted, the sites identified for future housing are not located within or adjacent to a conservation area designated by the CVMSHCP. The Element will not impact biological or cultural resources, nor human beings. The Safety Element is updated along with the Housing Element as required by state law, and both Elements are consistent with each other and the balance of the General Plan. The sites in the land inventory will be developed according to their General Plan land use and zoning designations. Such housing development will not impact long term environmental goals, as it is planned and covered in the General Plan and its Environmental Impact Report. Cumulative impacts of future housing development were addressed in the General Plan and its EIR, and will also be analyzed during the project-level CEQA review as individual projects are proposed.