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HomeMy WebLinkAboutAppendix A - NOP ResponsesDSRT SURF Specific Plan EIR (SCH # 2019011044) Technical Appendices APPENDIX A The City of Palm Desert CEQA Environmental Checklist and Initial Study, Notice of Preparation (NOP) and Responses to NOP Prepared by Terra Nova Planning and Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 January 17, 2019 A-1 NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT DSRT SURF Specific Plan, Precise Plan, Tentative Tract Map 37369 and associated Disposition and Development Agreement (SP18-0002 and PP18-0009) LEAD AGENCY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 CONTACT PERSON: Eric Ceja, eceja@cityofpalmdesert.org Phone: (760) 346-0611, Fax: (760) 776-6417 PROJECT TITLE: DSRT SURF Specific Plan Case Nos. SP18-0002, PP18-0009, TTM 37369 PROJECT LOCATION: West side of Desert Willow Drive within the Desert Willow Golf Course (APN #: 620-420-023, 620-420-024 and 620-400-008). PROJECT DESCRIPTION: The project site consists of 17.69 acres of land in the City of Palm Desert. The project proposes the development of a 5.5-acre surf lagoon and surf center facilities (restaurant, bar, retail, and similar facilities) and up to 350 hotel rooms and 88 residential villas. The project includes preparation of a Specific Plan to guide the development of the overall project site. The Specific Plan will address maximum development densities and sets forth the planning principles, land use policies, development standards, and design guidelines for the proposed development and public improvements within the Specific Plan area. In addition, the project includes a Precise Plan for the lagoon and surf center, a Tentative Tract Map to subdivide the site into 5 parcels, and a Disposition and Development Agreement. The project will also involve off-site improvements including discharge of storm flows and pool and lagoon water to golf course lakes, a potential on- or off-site well, Golf Course turf reduction, overflow parking, and soil removal/storage. PROBABLE ENVIRONMENTAL EFFECTS: The City has reviewed and considered the proposed Project and has determined that potentially significant impacts could result from the proposed project. The potential environmental effects from the proposed project implementation may include impacts to Aesthetics, Air Quality, Energy, Geology/Soils, Greenhouse Gas Emissions, Hydrology/Water Quality, Land Use/Planning, Noise, Transportation, and Utilities/Service Systems which will be discussed in the EIR. PUBLIC REVIEW PERIOD: A 30-day public review period for the Notice of Preparation will commence on January 22, 2019 and end on February 20, 2019. Written comments on the Notice of Preparation must be received at the City within the public review period. In addition, you may email comments to the following address: eceja@cityofpalmdesert.org. Copies of the Notice of Preparation are available for review at the City of Palm Desert at 73-510 Fred Waring Drive, Palm Desert, CA 92260. Project Title: DSRT SURF Specific Plan, Precise Plan, Tentative Tract Map 37369 and associated Disposition and Development Agreement (SP18-0002 and PP18-0009) 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, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Project location: The west side of Desert Willow Drive within the Desert Willow Golf Course (APN #: 620-420-023, 620-420-024 and 620-400-008). Project sponsor’s name and address: Desert Wave Ventures LLC P.O. Box 147 Solana Beach, CA 92075 General Plan Designation: Resort and Entertainment District Zoning: Planned Residential (PR-5) Description of Project: (Describe the whole action involved, including but not limited to later phases of the Project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) Purpose of the Initial Study: The City of Palm Desert, as Lead Agency, under the California Environmental Quality Act (CEQA) is preparing an Environmental Impact Report (EIR) for the proposed DSRT SURF Project including the DSRT SURF Specific Plan, Surf Lagoon Precise Plan, a five-lot Tentative Tract Map, Disposition and Development Agreement, and related off-site improvements, as described below. All these are referred to as “the Project” or “the proposed Project” in this document. This document is an Initial Study that evaluates the potential environmental impacts associated with the implementation of the proposed Project. The Initial Study has been prepared in accordance with CEQA, Public Resources Code Section 21000 et seq., State CEQA Guidelines, and the City of Palm Desert CEQA Environmental Procedures, and serves as the basis for the preparation of a Notice of Preparation (NOP) of an EIR. Based on the environmental review contained in this Initial Study it has been determined that implementation of the Project could have the potential to result in significant impacts to the environment and preparation of an EIR is required. A preliminary evaluation of the Project and its associated impacts to the environment is presented in this Initial Study. CITY OF PALM DESERT CEQA Environmental Checklist & Initial Study DSRT SURF Initial Study/Notice of Preparation 2 Project Location: The Project site is located on approximately 17.69 acres of land on the west side of Desert Willow Drive within the Desert Willow Golf Course in the City of Palm Desert, in the Coachella Valley region of Riverside County (Exhibit 1, 2, and 3). General Plan and Zoning: The Project site is designated as Resort and Entertainment District on the City’s General Plan Land Use Map, which allows theme parks, hotels, sports facilities, bed and breakfast inns, recreational facilities, small retail, large retail, and lodging, support retail, and commercial services along with specialized entertainment with a commercial floor area ratio (FAR) of up to 0.10, and multi-family residential land uses of up to 10 dwelling units per acre (DU/AC). The City’s Zoning Map designates the site as Planned Residential (PR- 5), allowing 5 DU/AC. Project Description: The Project site consists of three irregular shaped lots (Assessor’s Parcel No. 620-420-023, 620-420-024 and 620-400-008). Off-site parcels (Assessor’s Parcel No. 620-370-020, 002, 003, 004 and 033) at the southeast corner of Desert Willow Drive and Country Club Drive, owned by the City, will be available for Project-related overflow parking. Currently, the Project site is partially developed and bounded by the Desert Willow Golf Course, Clubhouse and a parking lot on the north, Desert Willow Golf Course and Desert Willow Drive on the east, Desert Willow Golf Course, the Westin Desert Willow Villas, and Willow Ridge Drive on the west, and Desert Willow Golf Course on the south (Exhibit 4). The Project proposes the development of a 5.5-acre surf lagoon and surf center facilities to include restaurant, bar, retail and similar facilities. It will also include up to 350 hotel rooms and up to 88 residential villas on the site (Exhibit 5). The Project will be implemented in two phases: Phase I includes development of the Surf Lagoon Planning Area, which will consist of the surf lagoon and associated amenities on 11.85 acres. Phase II includes development of the Hotels and Villas Planning Area, which will result in the construction of the hotel(s) and villas on approximately 5.84 acres (Exhibit 5). The proposed Project includes a Specific Plan that will guide the development of the overall Project site. A Precise Plan for the lagoon and surf center, a Tentative Tract Map to subdivide the site into 5 parcels, and a Disposition and Development Agreement are also a part of the Project. The Specific Plan will set forth the planning principles, land use policies, development standards, and design guidelines for the proposed development and public improvements within the Specific Plan area. The Project’s Specific Plan will address maximum development densities (Table 1), which will be analyzed in the EIR. Table 1 DSRT SURF Specific Plan Specific Plan Land Uses Surf Lagoon Planning Area (11.85 acres) Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Building, including: Max 35,000 SF ; Max Height 50 feet Restaurants/Bars Max. 8,000* SF Meetings/Events Max. 6,000 SF Retail Max. 4,000 SF Ancillary Restrooms/Changing Rooms/Locker Buildings Max 1,500 SF Ancillary Rental Building(s) Max 1,500 SF DSRT SURF Initial Study/Notice of Preparation 3 East Lagoon Café and Bar Max 2,750 SF Maintenance and Equipment Buildings Max 15,000 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area site coverage Parking Per SP parking development code Hotel and Villas Planning Area (5.84 acres) Max/Min Allowed Hotels Max 350 rooms, Max 200,000 SF; Max Height 50 feet Hotel Spa Max 12,500 SF Villas Max 88 Villas; 1 to 4 bedrooms Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 2,500 SF Landscaping/OS/Pool /Recreational Space Minimum 25% Planning Area site coverage Parking Per SP parking development code * Seating areas only. Does not include kitchens, storage, etc. The design, and development standards of the proposed surf lagoon will be regulated through the Specific Plan and a Precise Plan based on City Municipal Code Section 25.72.030 (Precise Plan). A Precise Plan further defines and implements the goals and objectives of the Specific Plan by providing specific designs and plans that ultimately regulate the construction of the Project. (Table 2). Table 2 DSRT SURF Surf Lagoon Precise Plan Land Uses Land Use/Building SF AC Surf Lagoon 239,580 5.50 Surf Center Building, including: 30,300 0.88 Restaurants, Bars and associated kitchens 8,475 -- Meeting Rooms 5,625 -- Administrative offices 2,275 -- Gallery 3,275 -- Mechanical, restrooms, storage, corridors, etc. 11,925 Ancillary Restrooms/Changing Rooms/Locker Buildings 450 0.02 Ancillary Rental Building(s) 600 0.01 East Lagoon Café and Bar 650 0.06 Maintenance and Equipment Buildings 13,950 0.21 Landscape/OS/Pools/Rec./Amenities 104,789 2.41 Roadways/Driveways/Parking (asphalt paved areas) 120,307 2.76 Parking 239 spaces Parking is proposed to be provided both as a surface parking lot, and within a parking structure to be constructed underground. Surf Lagoon Operational Details: The Surf Lagoon is anticipated to operate as described in Table 3. DSRT SURF Initial Study/Notice of Preparation 4 Table 3 Surf Lagoon Operations Category Description Hours of Operation Surf Lagoon (surfers in water): 6:00 AM - 12:00 AM Surf Center: 6:00 AM - 2:00 AM Music Events: Outdoor: Ends at 12:00 AM (Friday - Sunday) Indoor: Ends at 12:00 AM (Friday - Sunday) Ticketing Beach Pass Surf Pass Public Access/No Pass Access to the surf lagoon, pool areas, recreational areas, taco bar, and surf shack/bar Surf lessons/surf sessions in addition to Beach Pass Surf center building, shopping, and surf center restaurants Lagoon Capacity Regular Days Special Events Up to 95 surfers Up to 75 surfers Special Events Special Events may also be held that could result in 3,500 ticketed spectators. Parking overflow during special events will be located off-site on “Pad E,” which has a capacity for 500 vehicles. A shuttle service will be provided during special events to transport visitors to and from Pad E to the Surf Lagoon. The Tentative Tract Map will subdivide the site into 5 parcels, including the perimeter roadway, the surf lagoon and its associated buildings and facilities, the hotel(s) parcel, and multiple parcels for the residential villas (Exhibit 6). As allowed in the Specific Plan, villas may be part of a hotel, or may be timeshare, fractional or ownership units. Depending on their ultimate development, further subdivision of these parcels may occur in the future. The Disposition and Development Agreement (DDA) will be developed to establish the responsibilities of the Project applicant and the City regarding the Project. Terms of the DDA are expected to include development timelines, financial responsibilities, and other factors relating to the ultimate development of the site. Access and Circulation: Desert Willow Drive is a public street that provides access to the existing Desert Willow Clubhouse from Country Club Drive to the south and also provides access to the Intrawest development at Desert Willow south of the subject property. On its north end, Desert Willow Drive terminates with a traffic circle at the clubhouse entrance, immediately northeast of the Project site. Public parking is provided adjacent to the clubhouse and is currently accessed via the Desert Willow traffic circle. The existing Desert Willow Golf Course parking lot will be reconfigured as a part of the proposed Project, and a portion of the existing parking will be incorporated into the Project site. Two access driveways are proposed on Desert Willow Drive – one on the west side of the traffic circle, and one south of the traffic circle. An emergency access will also be provided at the southwestern portion of the Project, from the adjacent Westin resort Willow Ridge roadway. Off-site Improvements: The Project will also include off-site improvements as follows: 1. Stormwater Management: The Project will be required to provide connections to off-site storm drain improvements to accommodate the Project’s increase in stormwater runoff. Some stormwater from the site may be stored on-site, while the remaining site runoff will be conveyed via underground pipe to existing golf course lake(s) located between Willow Ridge and Desert Willow Drive. DSRT SURF Initial Study/Notice of Preparation 5 2. Pool/Lagoon Discharge: Water flushed from pools and the surf lagoon during daily operations will be treated, as required, and conveyed via underground pipe to the golf course lake located south of the Project site. 3. Golf Course Turf Reduction: The Project is proposing to remove and replace portions of the existing turf in the Desert Willow Golf Course with desert landscaping. 4. Landscaping Improvements: Some off-site areas along the edges of the Project site will require additional and new landscaping improvements. 5. Overflow Parking: The Project includes one off-site parking area to accommodate parking demand during special events. This off-site parking area would be located east of Desert Willow Drive, north of Country Club Drive and south of Market Place Drive (Exhibit 4), 1,800± feet southeast of the Project site, and will provide approximately 280± parking spaces. 6. Soil Removal/Storage: The site will require levelling, which will result in the exporting of soil from the site. The 5-acre lagoon will require digging to a depth of 8 feet. Excavated soils would be transported off-site to golf course locations within Desert Willow Golf Course or to an off-site location. Utilities and Service Providers The following agencies and companies will provide service to the Project site: 1. Sanitary 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 6. Storm Drain: City of Palm Desert Environmental Setting and Surrounding Land Uses The subject site is currently partially developed and contains sparse native vegetation and a paved parking lot. The subject site sits on generally flat terrain that gently slopes to the southwest. Land uses nearby and adjacent to the site include (Exhibit 4): North: Desert Willow Golf Course, Clubhouse and a parking lot South: Desert Willow Golf Course East: Desert Willow Golf Course and Desert Willow Drive West: Desert Willow Golf Course, the Westin Desert Willow Villas, Willow Ridge Drive. Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District. Regional Water Quality Control Board (RWQCB). DSRT SURF Initial Study/Notice of Preparation 6 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. X Aesthetics Agriculture and Forestry Resources X Air Quality Biological Resources Cultural Resources X Energy X Geology /Soils X Greenhouse Gas Emissions Hazards & Hazardous Materials X Hydrology / Water Quality X Land Use / Planning Mineral Resources X Noise Population / Housing Public Services Recreation X Transportation Tribal Cultural Resources X Utilities/Service Systems Wildfire X Mandatory Findings of Significance DSRT SURF Initial Study/Notice of Preparation 8 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. DSRT SURF Initial Study/Notice of Preparation 15 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? ✓ Environmental Setting The Project site is located in the Coachella Valley which is surrounded by the San Bernardino and Little San Bernardino, San Jacinto, and Santa Rosa Mountain Ranges, and terminates at the San Gorgonio Pass in the northwest and the Salton Sea in the southeast. The San Bernardino, Santa Rosa, and San Jacinto Mountain Ranges rise significantly above the valley floor with peak elevations of 3,502, 2,657, and 3,302 meters, respectively. The Project site is located on the Palm Springs Sand Ridge, which rises 50 to 100 feet above the valley floor and extends from Cathedral City southeast to Indian Wells. The surrounding mountains are of high aesthetic value across all of the Coachella Valley, including the City of Palm Desert. Therefore, the City regulates new development to ensure that it does not conflict with or adversely impact scenic resource. Discussion of Impacts a) Less Than Significant with Mitigation Incorporated. A scenic vista is a view of a valued visual resource. The Project would include two- and three-story residential and hotel buildings on a site that is currently predominantly undeveloped. The Project site is located approximately 3.17 miles northeast of the Santa Rosa Mountains and approximately 4.74 miles southwest of the San Bernardino Mountain Range; both are considered scenic vistas for much of Palm Desert and the Coachella Valley (Exhibit 1, 2, and 3). From the Project site, scenic views of the Santa Rosa and Santa Jacinto Mountains are to the south, southwest and west. The San Bernardino Mountains are visible to the northwest but are somewhat diminished by distance. As the site is located within existing Desert Willow Golf Course and surrounded by golf courses, residential developments, lakes, landscaping, local streets and other developed lands in all directions, views of the lower elevations of the mountain ranges are blocked by intervening development in all directions. However, middle and upper elevations of the mountains are visible. DSRT SURF Initial Study/Notice of Preparation 16 Lands immediately to the east and west are currently developed and occupied by the Desert Willow Golf Course, Desert Willow Drive, the Westin Desert Willow Villas, landscapes, and Willow Ridge. The Westin Desert Willow Villas are two-story buildings that block foothill views to the east and west; however, upper elevations of the mountains are visible above. In the north and south, the site is bounded by Desert Willow Golf Course where mature landscaping obstructs views of the San Bernardino, Little San Bernardino and Santa Rosa Mountains. The development site is located near the center of the Desert Willow property. Potentially affected viewers are golfers and other visitors to the golf course. Under current conditions, views to the southwest offer limited visibility of the mountains, due primarily to distance and topography. The inclusion of two- to three-story buildings on the development site would somewhat block southwest views of golf course guests coming and going to the parking lot. Other important views to the west, north and south would not be significantly affected by the Project. Also of note is that interior clubhouse views are oriented to the northeast and away from the Project development site, and will not be affected by development of the Project. The implementation of the proposed Project will result in full development of approximately 17.69 acres, with building heights of up to 50 feet, a surf lagoon, internal paved streets, parking lots, and landscaping. Project architecture will be consistent with the desert and golf course setting, and complement the clubhouse. The proposed structures could impact some scenic vistas primarily those of golf course and clubhouse users. No surrounding residential development would be affected by the proposed development. At this time the potential Project impacts on scenic vistas cannot be fully assessed and the EIR will provide further analysis of the Project’s potential impacts to scenic vistas. b) Less Than Significant Impact. The subject property is not located along a state scenic highway. and the proposed development would potentially impact a few existing trees, including desert willow and fan palms. However, no trees, rock outcroppings or other significant aesthetic resources of high scenic quality occur on the subject property. Thus, construction and operation of the Project would result in less than significant impacts to scenic resources. No mitigation measures would be required. No further evaluation in an EIR is required. c) Less Than Significant Impact. The Project site is currently partially developed and has otherwise been disturbed by past grading activities. The ultimate development of the Project site will result in the construction of residential villas, hotel(s), a surf lagoon and surf center facilities up to 50 feet in height. The scale and intensity of proposed development is comparable to other resort and hotel development within the Desert Willow development. The proposed Specific Plan is generally consistent with the development standards in the City’s Zoning Ordinance, and will not substantially change standards associated with height, which have the potential to affect scenic quality. However, the EIR should further analyze the detailed development standards in the Specific Plan as they compare to the City’s Zoning Ordinance and General Plan. d) Potentially Significant Impact. Except for the existing parking lot, the site is currently vacant and there is no lighting onsite. Lighting is provided currently in the parking lot. Surrounding lighting includes that associated with clubhouse entries and security, and low-level pedestrian and parking lot lighting. Proposed site development would increase light and glare levels on-site from hotel and residential entry and parking lighting, security lighting, and night-time use of the surf lagoon and other on-site recreational and commercial venues. The EIR will provide further DSRT SURF Initial Study/Notice of Preparation 17 analysis of the Project’s potential impacts with regard to light and glare. The EIR will identify Project-related sources of light- and glare, analyze whether they will adversely impact surrounding lands, and what changes in design or mitigation measures can reduce these impacts. Source: City of Palm Desert General Plan, 2016; Palm Desert Zoning Ordinance; Project’s Preliminary Site Plan and Architectural Design Plans; Project materials; Project site survey, Fall 2018; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 18 II. AGRICULTURE AND FORESTRY 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 Incorporated 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? ✓ Environmental Setting The Project site is designated as Resort and Entertainment District on the City’s General Plan land use map. The subject property is located on the Palm Springs Sand Ridge and consists of excessively drained soils. These and surrounding lands are designated as “Urban and Built Up” on the Riverside County Important Farmland Map (2016). The site is partially developed and there are no active agricultural or forest lands within the vicinity of the Project. DSRT SURF Initial Study/Notice of Preparation 19 Discussion of Impacts a-e) No Impact. Prime Farmland: No prime or unique farmland, or farmland of statewide importance exists within the Project site or vicinity. The Project site is not located on or near any property zoned or otherwise intended for agricultural uses. As such, the Project would not convert farmland to non- agricultural use. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Williamson Act: The project site and surrounding properties are designated for urban uses in the General Plan and Zoning Ordinance. No land on or near the Project site is under Williamson Act contract. Therefore, the Project would not conflict with any zoning for agricultural uses or a Williamson Act Contract. Therefore, no impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Forest Land: The Project site is located on the desert floor, is currently zoned as Planned Residential (PR-5) and is surrounded by urban uses. The subject site does not contain forest land, timberland or timberland zoned for timberland production. Therefore, the Project would not rezone forest land or timberland as defined by the Public Resources Code. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Palm Desert Zoning Ordinance; Project materials; Google Earth Pro 7.3.2.5491; “Riverside County Important Farmland 2016 Map,” sheet 2 of 3, California Department of Conservation, published July 2017. DSRT SURF Initial Study/Notice of Preparation 20 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 Incorporated 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? ✓ Environmental Setting The Coachella Valley, including the Project site, is located in the Salton Sea Air Basin (SSAB), which covers part of Riverside County and all of Imperial County. SSAB is characterized largely 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. SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). All development within the SSAB is subject to SCAQMD’s 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The Project site is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio, as well as a newly opened station 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/unclassified for PM2.5. Ambient air quality in the SSAB, including the Project site, 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) Less Than Significant Impact. The Project is subject to the provisions of the 2016 South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan, which describes the District’s plan to achieve Federal and State air quality standards set forth in Federal and State Clean Air Acts. In addition, the Project is subject to the rules and regulations imposed by the SCAQMD, including Rule 403-1 which governs fugitive dust emissions from Project construction within the Coachella Valley. The proposed Project should be consistent with the goals and policies DSRT SURF Initial Study/Notice of Preparation 21 of the AQMP, which calls for prudent measures that limit the emission of air pollutants. The EIR will provide further analysis of whether the Project would conflict with or obstruct implementation of SCAQMD’s AQMP. b) Potentially Significant Impact. According to CEQA, a significant impact could occur if the Project would result in a considerable increase to any criteria pollutant for which the region is in non-attainment for either a State or federal standard. The Coachella Valley has a history of exceeding regulatory ozone standards and is classified as a “severe-15” ozone non-attainment area under the federal Clean Air Act. The Coachella Valley is also designated a serious non-attainment area for PM10 and is subject to the 2003 SIP and local dust control standards. Ozone (O3): O3 is a strong smelling, pale blue, reactive toxic chemical gas consisting of three oxygen atoms.1 It is formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Although also produced within the Coachella Valley, most ozone pollutants are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high ozone concentrations in the Coachella Valley, which has a history of exceeding regulatory ozone standards, although the number of days and months the Federal one-hour standard is exceeded has dropped steadily over the past decade. Particulate Matter (PM10 and PM2.5): PM10 and PM2.5 are major air pollutants which consist of fine solid or liquid suspended particles of ten microns or smaller in diameter, and are the byproducts of road dust, sand, diesel soot, windstorms, and the abrasion of tires and brakes. The elderly, children and adults with pre-existing respiratory or cardiovascular disease are most susceptible to the effects of PM. Elevated PM10 and PM2.5 levels are also associated with an increase in mortality rates, respiratory infections, occurrences and severity of asthma attacks and hospital admissions. The SSAB is a non- attainment area for PM10 and is classified as attainment/unclassifiable for PM2.5. State and federal standards have been established for PM10 and PM2.5, as well as ozone and are set forth in the table below. DSRT SURF Initial Study/Notice of Preparation 22 Table 4 State and National Ambient Air Quality Standards Pollutant State Standards National Standards** Averaging Time Concentration Averaging Time Concentration Ozone (O3) 1-hour 8-hour 0.09 ppm 0.07 ppm 1-hour 8-hour 0.070 ppm Carbon Monoxide (CO) 1-hour 8-hour 20.0 ppm 9.0 ppm 1-hour 8-hour 35.0 ppm 9.0 ppm Nitrogen Dioxide (NO2) 1-hour AAM 0.18 ppm 0.030 ppm AAM 0.10 ppm* 0.053 ppm Sulfur Dioxide (SO2) 1-hour 24-hour 0.25 ppm 0.04 ppm 1 & 24 hour AAM .075ppm** Particulate Matter (PM10) 24-hour AAM 50 µg/m3 20 µg/m3 24-hour AAM 150 µg/m3 Particulate Matter (PM2.5) AAM 24-hour 12 µg/m3 35 µg/m3 AAM 24-hour 12 µg/m3 35 µg/m3 Lead 30-day Avg. 1.5 µg/m3 3-month Avg. 0.15 µg/m3 Visibility Reducing Particles 8-hour No standard No federal Standard No federal Standard Sulfates 24-hour 25µg/m3 No federal Standard No federal Standard Hydrogen Sulfide 1-hour 0.03 ppm No federal Standard No federal Standard Vinyl Chloride 24-hour 0.01 ppm No federal Standard No federal Standard Source: California Air Resources Board, May 4, 2016. Notes: ppm = parts per million; ppb= parts per billion; µg/ m3 = micrograms per cubic meter of air; AAM = Annual Arithmetic Mean; * Note that this standard became effective on January 22, 2010. ** Final rule signed June 2, 2010, effective as of August 23, 2010 The project will result in the development of multiple uses, which will generate vehicle and stationary source emissions. The level of these emissions will be calculated in the EIR. As the Valley is currently in a state of nonattainment for ozone and PM10, implementation of the Project could potentially contribute to air quality impacts, which could result in a considerable net increase in both Ozone and PM10. The EIR will provide further analysis of cumulative air pollutant emissions associated with the Project. c) Potentially Significant Impact. The nearest sensitive receptors to the subject property are located approximately 150 feet northwest of the site. The Project has the potential to expose sensitive receptors to substantial, if short-term, pollutant concentrations. This potential and associated impacts will be analyzed further in the EIR. To determine if the proposed Project has the potential to generate significant adverse localized air quality impacts and expose sensitive receptors to substantial pollutant concentrations, the appropriate mass rate Localized Significance Threshold (LST) Look-Up Table for SRA 30 (Coachella Valley) shall be utilized and analyzed in the EIR. d) Less Than Significant Impact. A significant impact could occur if emissions are released to generate objectionable odors adversely affecting sensitive receptors. Odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products, and other DSRT SURF Initial Study/Notice of Preparation 23 strong-smelling elements used in manufacturing processes, as well as in sewage treatment facilities and landfills. The proposed Project will be developed with residential, commercial, and retail uses. All the buildings will be equipped with the proper ventilation systems and are not expected to generate significant objectionable odors at Project buildout. The proposed surf lagoon will be an outdoor facility; however, it would not generate any objectionable odor during operations. Based on preliminary analysis, during the construction phase, short-term odors associated with paving and construction activities could be generated; however, any such odors would be quickly dispersed below detectable levels as distance from the construction site increases. Project impacts would not be sufficient to affect a substantial number of people or result in a nuisance as defined by SCAQMD Rule 402. Nonetheless, the potential impact of the proposed Project shall be analyzed in the EIR. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491; SCAQMD CEQA Air Quality Handbook (1993); SCAQMD Rule 402; 2016 Air Quality Management Plan, SCAQMD; Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). DSRT SURF Initial Study/Notice of Preparation 24 IV. BIOLOGICAL RESOURCES Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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 State or 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? ✓ Environmental Setting The Coachella Valley is located within the Sonoran Desert which is a subdivision of the Colorado Desert. Sonoran Desert contains a wide range of biological resources that are highly specialized and endemic to the region. The central portion of the valley, in which the Project area is located, 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. A biological assessment will be prepared for this Project to assess the potential impacts to biological resources. Undeveloped portions of the City of Palm Desert contain a wide range of significant biological resources, many of which are species that are highly specialized and endemic to the valley. 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. The City is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (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 one of the CVMSHCP’s Permittees and as such is subject to its provisions. DSRT SURF Initial Study/Notice of Preparation 25 The subject property is surrounded by urban development, including the Desert Willow golf course and clubhouse, and hotel and residential development. Retail commercial is located a short distance to the southeast. The subject property has been previously graded, and portions have had some recent disturbance. As noted, the northern portion of the site is currently developed for golf clubhouse parking. Conditions are the same for the proposed overflow/event parking area that is located adjacent to a neighborhood shopping center and has been completely cleared and graded for several years. Discussion of Impacts a) Less Than Significant with Mitigation Incorporated. The Project site is currently partially developed and has been previously disturbed during development of the Desert Willow project. The site has since been somewhat “renaturalized” with volunteers of both native and non-native species of shrubs and herbaceous plants. Vegetation coverage is generally sparse. The surface soil on the subject site is predominantly Myoma fine sand: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which consists of soft sediments. Native plant species found on-site include those associated with brittle bush scrub habitat (Encelia farinosa Shrubland Alliance), scattered broom baccharis (Baccharis sarothroides), California croton (Croton californicus), and scalebroom (Lepidospartum squamatum), etc. A number of wildlife species are expected to occur on the site. The site has very low to low potential to have sensitive wildlife species, due to its isolation within a developed environment, and its disturbed nature. Should native protected species occur on the Project site, the City is a signatory to and a Permittee under the CVMSHCP, which permits the taking of special status species with payment of a fee which is used to purchase and manage a reserve system for native species. Based on the preliminary analysis, the Project will be required to pay the Development Mitigation Fee. Potential impacts to special status species will be further evaluated in the EIR. With regard to the potential for nesting birds, although sparsely vegetated, the majority of the property is in its renaturalized state, and contains scattered vegetation that may provide nesting opportunities for birds covered under the Migratory Bird Treaty Act (MBTA). The EIR shall provide further analysis of the Project’s potential to impact nesting birds covered by the MBTA. Overall, potential impacts to sensitive plant and wildlife species shall be further evaluated in the EIR. b, c) No Impact. The Project site does not contain any streams, riparian habitat, marshes, protected wetlands, vernal pools or sensitive natural communities protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. d) No Impact. The subject property is an isolated piece of land located within an urban area and surrounded by golf courses, landscaping, residential and commercial developments, and roadways. Due to surrounding human activity over many years, the site does not contain features that are suitable for a migratory wildlife corridor. Potential impacts to nesting birds will be analyzed pursuant to the MBTA; however, in general and give the subject property’s context, it will not impede the use of a native wildlife nursery site. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. DSRT SURF Initial Study/Notice of Preparation 26 e, f) No Impact. The subject property is located within the boundaries of the CVMSHCP but is outside the boundaries of any of the Plan’s Conservation Areas. Lands not developed prior to 1996 are subject to the payment of a Development Mitigation Fee to mitigate impacts of urban development to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the implementation of the proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other related plans. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 27 V. CULTURAL RESOURCES Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting The City of Palm Desert is located in the Coachella Valley where the ancestors of the Cahuilla Indians settled centuries ago. The Cahuilla Indians are a Takic-speaking people that before European settlement consisted of hunters and gatherers who are generally divided into three groups based on their geographic setting: the Pass Cahuilla of the Beaumont/Banning area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains; and the Desert Cahuilla from the Coachella Valley, as far south as the Salton Sea. According to the City’s General Plan, at the beginning of the historic period, the City of Palm Desert fell within the vast traditional lands of the local Cahuilla Indian tribes. In the Coachella Valley, the Cahuilla typically lived in camps of between 75 and 100 individuals, preferentially located along the lower edges of alluvial fans near permanent sources of water, food and fiber. One such camp was the Palm Oasis at modern day Thousand Palms, along the fault scarp where diked groundwater rises to the surface to support several palm groves (Washingtonia filifera). The camps characteristically contained community houses and sweat lodges, with houses being semi-excavated and having heavy and flat roofs supported by large cottonwood poles. The subject property is located on the Palm Springs Sand Ridge, which has not been a source of water or ethnobotanical resources, such as mesquite, palms, reeds or other valued resources. Neither did these lands contain habitation sites or trails or pot-drops. These lands are not expected to harbor lithic workshops, milling sites or camps. In the 1930s, the City of Palm Desert was an unincorporated cluster of a few homes located on the north side of Highway 111. After World War II, a group of businessmen (four brothers – Clifford, Randall, Phil, and Carl Henderson) came to this region between Indian Wells and Rancho Mirage. Instead of desert and scrubland, they visualized “fine homes and swimming pools, schools, churches, and culture that would draw visitors and families from far and wide,” and in 1945 they formed the Palm Desert Corporation. In 1946, they started constructing streets and commercial buildings which later became known as Palm Desert. Development in the vicinity of the subject property began in earnest in the 1980s with numerous nearby residential resort developments, hotels and commercial establishments. The Desert Willow development began in the 1990s with the completion of two golf courses, and infill resort and residential development followed. An historical/archaeological resources survey and assessment will be conducted on the subject development site and will be analyzed in the EIR. DSRT SURF Initial Study/Notice of Preparation 28 Discussion of Impacts a) Less Than Significant Impact. Section 15064.5 of the CEQA 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 Historical Resources (California Register); (2) included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code); 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” if the resource meets the criteria for listing on the California Register. The California Register automatically includes all properties listed in the National Register of Historic Places (National Register) and those formally determined to be eligible for listing in the National Register. To determine if historical resources are located on the Project site, qualified professional archaeologists will conduct an historical/archaeological resources records search and pursue historical background research. As part of that assessment, a records search will be conducted at the Eastern Information Center (EIC). There is no evidence that the site harbors any significant historic resources as defined in § 15064; therefore the potential for impacts is considered very low and no mitigation measures would be required. No further evaluation in an EIR is required. b) Less Than Significant with Mitigation Incorporated. Section 15064.5(a)(3)(D) of the CEQA Guidelines generally defines archaeological resources as any resource that “has yielded, or may be likely to yield, information important in prehistory or history.” Archaeological resources are features, such as tools, utensils, carvings, fabric, building foundations, etc., that document evidence of past human endeavors and that may be historically or culturally important to a significant earlier community. Archaeological resources are not known to occur on the project site. However, the cultural resource analysis will determine whether they occur, or have the potential to occur. The State Native American Heritage Commission (NAHC) and associated tribes of the Coachella Valley will be contacted to assure the security of the tribes and their archaeological resources pursuant to § 15064.5. The Project site is not known to contain any archaeological resources pursuant to § 15064.5., however, impacts to archaeological resources could occur if they are uncovered during site grading. The EIR should evaluate the level of potential impacts and provide mitigation measures, if needed, to avoid or minimize such impacts. c) Less Than Significant Impact. The Project site is located within an urbanized area and a portion of it has been subject to grading and development. No known traditional burial sites have been identified on the site. The low potential for traditional burials on-site notwithstanding, the Project will require excavation at depths greater than those having previously occurred on the site. Therefore, a very limited potential exists for the Project to uncover human remains, and the EIR will provide further analysis of the Project’s potential impacts to human remains. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 29 VI. ENERGY Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ü b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ü Environmental Setting Primary energy sources include nuclear energy, fossil fuels (oil, coal and natural gas) and renewable sources like wind, solar, geothermal and hydropower. Southern California Edison (SCE) provides electrical services to the City of Palm Desert. Currently, SCE serves approximately 4.4 million residential service accounts and 520,000 commercial service accounts which use up to 69% of the electricity generated by SCE in its service area.2 Natural gas is provided by the Southern California Gas Company (SoCalGas). Its service territory encompasses approximately 20,000 square miles in diverse terrain throughout Central and Southern California, from the City of Visalia to the Mexican border.3 Discussion of Impacts d) Less Than Significant Impact with Mitigation Incorporated. Electricity: Electrical power would be consumed to construct and operate the Project. SCE will provide electricity for the Project. The amount of electricity required is not yet known, and will be calculated in the EIR. The EIR will further evaluate the Project’s impact on SCE supplies, the effectiveness of any proposed conservation measures and the adequacy of the existing infrastructure to serve the Project. Natural Gas: The Project will require natural gas for operational activities at the hotel, the villas, and the surf center. The amount of natural gas required is not yet known, and will be calculated in the EIR. The EIR will evaluate Project’s impact on SoCalGas supplies, the effectiveness of any proposed conservation measures and the adequacy of the existing infrastructure to serve the Project. e) Less Than Significant Impact. It is expected that the Project would comply with the State Green Building Code to reduce energy consumption by implementing energy efficient building designs, reducing indoor and outdoor water demand, and installing energy-efficient appliances and equipment. The Project plans include the use of solar energy panels in the Surf Center design. Solar energy may also be provided to other components of the project. These will be considered 2 Errata to Southern California Edison Company’s Amended Energy Efficiency Rolling Portfolio Business Plan For 2018- 2025 by SCE (May 15, 2017) – Page 42 and 43. 3 SoCalGas, Company Profile, https://www.socalgas.com/about-us/company-profile, Accessed November 2018. DSRT SURF Initial Study/Notice of Preparation 30 in the EIR. In addition, the Project will be evaluated for conformance with the City’s Sustainability Plan, whose intent includes improving energy and water efficiency in buildings, decreasing per- capita energy use, and using energy efficient appliances and equipment. The EIR will include further evaluation of Project-related energy use and reduction strategies to determine whether the Project conflicts with an applicable plan, policy, or regulation adopted for the purpose of reducing the use of energy resources. Source: City of Palm Desert General Plan, 2016; City’s Environmental Sustainability Plan (2010); Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 31 VII. GEOLOGY AND SOILS Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting Regional Geologic Setting The Coachella Valley is located in the northwestern portion of the Salton Trough which is bounded by the San Bernardino Mountains on the northwest, San Jacinto Mountains on the west, Santa Rosa Mountains on the south, and Little San Bernardino Mountains and Indio Hills on the northeast. The geology and seismicity of the valley is highly influenced by the tectonics of San Andrea and San Jacinto fault systems. 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 central valley floor, which has created the Palm Springs Sand Ridge on which the subject property occurs. DSRT SURF Initial Study/Notice of Preparation 32 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). Wind-blown or aeolian deposited sediments on the central valley floor make up the soils of the sand ridge. Discussion of Impacts a.i) No Impact. The subject property is not located within or adjacent to an Alquist-Priolo Earthquake Fault Zone. The nearest earthquake fault is the Banning fault of the San Andreas Fault Zone, approximately six miles northeast of the site. This active fault is capable of generating earthquakes of magnitude >5.0. There are no active faults in the vicinity of the subject property. No fault- related surface rupture would occur and no mitigation measures would be required. No further evaluation in an EIR is required. a.ii) Less Than Significant with Mitigation Incorporated. The Project site is located in a seismically active region where earthquakes originating on local and regional seismic faults can produce severe ground shaking. Buildings proposed for the site will be required to conform to the most recent edition of the California Building Code (CBC) and Palm Desert Municipal Code Section 15.24.010 (Adoption of the California Existing Building Code) to provide collapse-resistant design. These building standards are designed to minimize the catastrophic failure of buildings, thereby lowering the potential impacts to life and property. The location of the Project site within a seismically active area in proximity to the San Andrea and San Jacinto fault systems could expose people or structures to strong seismic ground shaking. Therefore, further analysis of this issue will be provided in the EIR. The EIR analysis will identify the potential for seismic ground shaking and will take into consideration the impact of seismic activity on future development, as well as compliance with the most recent regulatory requirements regarding seismic safety. a.iii) Less Than Significant with Mitigation Incorporated. The Project site is located in an area that has a low susceptibility for liquefaction (Riverside County General Plan; Figure S-3). Onsite underlying soils consist of Myoma fine sand group: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which consists of soft sediments, which could not be susceptible to liquefaction. According to GEOTRACKER GAMA, currently, there is no active well at the Project site. The nearest test well site (3310001-063) is located at Acapulco Drive where the water depth is reported more than 200 feet below ground surface. That test well site is located approximately 0.41 miles southwest of the subject site. The Project would provide water for the surf lagoon in one of three ways: installation of a new groundwater well at the southeastern corner of the site; via a connection to the existing Desert Willow groundwater well located south of the site near Country Club Drive; or utilization of potable water from CVWD. Based on preliminary analysis, the water depth is reported to be more than 200 feet below ground surface at the site. If the Project would involve installation of a new groundwater well, it would not induce liquefaction at the site. However, the Project includes the construction of a six-acre lagoon, leakage from which or other Project water infrastructure has the potential to create a localized liquefaction hazard. Therefore, as the potential for seismic activity and induced liquefaction could be created on the Project site, the EIR shall include a more detailed analysis of this issue. The EIR analysis will identify the potential for ground failure and will take into consideration the impact of seismic activity on future development and compliance with regulatory requirements. DSRT SURF Initial Study/Notice of Preparation 33 a.iv) No Impact. The Project site is on the sand ridge portion of the valley floor, which consists of and is surrounded by gently sloping land and relatively flat terrain. The nearest hillsides and mountainous slopes are approximately 3.40 miles southwest of the property. Therefore, no impacts associated with landslides would occur and no mitigation measures would be required. No further evaluation in an EIR is required. b) Less Than Significant with Mitigation Incorporated. The Coachella Valley floor on which the subject property is located is highly susceptible to wind erosion (General Plan; Figure 8-3). The proposed Project will include excavation, site preparation, grading, paving, building construction, and other ground disturbance of the existing vacant land by heavy machinery that could result in the loss of some topsoil and generate particulate matter. Grading and construction may require removal of the topsoil; however, grading and construction activities would occur in accordance with erosion control requirements, including grading and dust control measures imposed by the City pursuant to grading permit regulations. Specifically, Project construction would be required to comply with the City’s Municipal Code, including submittal and approval of grading permits, site and building plans, and inspections to ensure that the Project does not generate excessive soils erosion. In addition, the Project will be required to prepare a Project-specific Water Quality Management Plan (WQMP) (See Section IX, Hydrology and Water Quality). As part of the WQMP, Best Management Practices (BMPs) would be implemented during grading and construction to reduce sedimentation and soil erosion to the maximum extent practicable. In addition, Project construction contractors will be required to comply with City grading permit regulations, which require dust control measures to reduce sedimentation and erosion. The EIR will further evaluate the potential impacts and provide mitigation measures, if needed. c) Potentially Significant Impact. The Project site is currently partially developed and does not contain unstable soils or geologic units. Also, the site is not susceptible to on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; this is due to on-site conditions, distance from sloping terrain and foothills, and depth to groundwater. As discussed above, the Project could include an onsite groundwater well to serve the surf lagoon. Groundwater extraction can cause ground subsidence in the vicinity of the proposed well and careful monitoring of well levels may be necessary. This issue will be further addressed in the Project-specific geotechnical report and EIR. The EIR analysis will address impacts associated with soil stability, lateral spreading, subsidence, liquefaction, and collapse, and will also address regulatory compliance requirements. d) Less Than Significant Impact. Expansive soils typically contain large amounts of clay that expands when water is absorbed and shrinks when it dries. As described in Section VI-a.iii, above, the site’s underlying soils consist of the Myoma fine sand group: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which have low shrink-swell potential. The project specific geotechnical analysis and the EIR will further identify the potential for expansive soils on the development site and will include site-specific recommendations, as needed, while assuring compliance with regulatory requirements. e) No Impact. The Project site is located in an area served by existing sewerage infrastructure, including lines serving the development site. The CVWD Cook Street plant will receive and treat sewage discharged into its collection system. The Project would not require the use of septic tanks or alternative wastewater disposal systems. The Project would not result in impacts related to the ability of soils to support septic tanks or alternative wastewater disposal systems. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. DSRT SURF Initial Study/Notice of Preparation 34 f) Less Than Significant Impact. Paleontological resources are the fossilized remains of organisms that have lived in a region in the geologic past and whose remains are found in the accompanying geologic strata. This type of fossil record represents the primary source of information on ancient life forms, since the majority of species that have existed on earth from this era are extinct. The Project site is not known to contain unique paleontological features. Also, there are no unique geological features (river, lake, hills, faults, and folds etc.) located on-site that can directly or indirectly be destroyed. The surface soils consist of light brown, fine-to-coarse alluvial sands mixed with small rocks. Recent deposits are not conducive to the location of paleontological resources. The proposed Project will result in the development of two- to three-story residential and hotel buildings, a surf lagoon, a well, and an underground parking structure, which would require deep excavation. Although portions of the Project site have been previously graded and developed, the Project would require grading and excavation to greater depths, which would have the potential to disturb undiscovered paleontological resources in the very unlikely event they occur within the Project site. Nonetheless, the EIR will provide further analysis of the Project’s potential impacts to paleontological resources. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491; “Geotechnical Investigation for the Proposed Westin Desert Willow Resort Villas,” prepared by Sladden Engineering in 2006; “Soil Survey of Riverside County, California, Coachella Valley Area,” U.S. Dept. of Agriculture Soil Conservation Service, 1980. DSRT SURF Initial Study/Notice of Preparation 35 VIII. GREENHOUSE GAS EMISSIONS Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting Air quality has become an increasing concern because of human health issues, but also because greenhouse gas emissions are contributing to global warming and climate change. The primary contributor to greenhouse gas emissions is the burning of fossil fuels through the use of automobiles, power and heat generators, and industrial processes. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone (O3), and water vapor (H2O), which are generated by both moving and stationary sources, including vehicles, electricity and natural gas use, and emissions associated with water pumping and application of fertilizers. The State of California has taken a leading role to curb GHG emissions and has developed laws and regulations to reduce these emissions. State legislation and regulations call for better integrated land use planning and curtailing energy production away from nonrenewable sources and toward new renewable sources, such as solar and wind. California SB 375 in part implements greenhouse gas reduction targets set forth in AB 32 and encourages regional land use planning to reduce vehicle miles traveled; it also requires jurisdictions to adopt a sustainable communities strategy. The California Air Resources Board is continuing to draft regulations to implement the Scoping Plan. Senate Bill 2X requires that, by the year 2020, 33% of the electricity used in California is from renewables to help reduce statewide GHG emissions. State law mandates that all cities decrease their GHG emissions to 1990 levels by the year 2020. Executive Order B-30-15 set an interim target goal of reducing GHG emissions to 40% below 1990 levels by 2030 to keep California on its trajectory toward meeting or exceeding the long-term goal of reducing GHG emissions to 80% below 1990 levels by 2050 as set forth in Executive Order S-3-05. a, b) Potentially Significant Impact. The implementation of the proposed Project would have the potential to emit substantial amounts of GHGs during both construction and operation. The EIR will describe and quantify the potential GHG emissions associated with the Project. The EIR will include further evaluation of Project-related emissions and possible reduction strategies to determine whether the Project conflicts with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Mitigation measures will be provided in the EIR, if needed, that reduce GHG emissions to the greatest degree practicable. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491; Assembly Bill 32 and 2016 California Green Building Standards Code. DSRT SURF Initial Study/Notice of Preparation 36 IX. HAZARDS AND HAZARDOUS MATERIALS Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting The subject property is surrounded by golf course, clubhouse and related facilities, and resort residential development. The nearest commercial retail uses are approximately 1,800 feet to the southeast. There is no evidence of any spillage or discharge of waste materials or liquids on the subject development site. Neither is there any evidence of such discharges on the proposed overflow/event parking site located to the southeast. Proposed development would bring a variety of commonly used but potentially hazardous materials, including chlorine for pools and chemicals and products typical of hotel, resort and residential developments. No unusual or especially hazardous materials are expected to be associated with the site development or operation. Hazardous materials transport, storage, and use in the City of Palm Desert is strictly regulated for large quantity users, such as industrial processes and commercial dry cleaners. The City implements the General Plan’s Safety Element through regular consultation with the Regional Water Quality Control Board (RWQCB), Fire Department and County Department of Environmental Health. DSRT SURF Initial Study/Notice of Preparation 37 The State Water Resources Control Board’s online database (GeoTracker) indicates that the City of Palm Desert contains 53 sites that are either listed or permitted as hazardous material sites under the California Department of Toxic Substances Control (DTSC). The majority of these sites are located along Country Club Drive, Hovley Lane East, Cook Street, Hwy 111, Monterey Avenue, and Washington Street. Discussion of Impacts a, b) Less Than Significant Impact. The types and amounts of hazardous materials that would be used in connection with the Project would be typical of those used in residential, hotel, restaurant, bar, and retail developments (e.g., household cleaning solvents, pesticides for landscaping, painting supplies, chlorine and petroleum products). The surf lagoon would use basic cleaning equipment and chemicals to maintain the pH levels for surfers. Project hazardous materials usage will be limited to small amounts. Construction 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, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable federal, State, and local regulations. Any associated risk would be adequately reduced to a less than significant level through compliance with these standards and regulations. The EIR will further evaluate the potential impact to the public or the environment through the routine transport, use, or disposal of hazardous materials as a result of development or operation of the proposed Project. c) No Impact. There is no school located within ¼ mile of the Project site. James Earl Carter Elementary School is the nearest public elementary school and is located approximately 1.10 miles south of the proposed site. Two private educational facilities (Desert Adventist Academy and Boehm Child Development Center) are located approximately 0.30 miles southwest of the proposed site. As discussed above, Project construction and operations would involve the limited use of hazardous materials in accordance with manufacturers’ instructions and handled in compliance with applicable federal, State, and local regulations. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. d) No Impact. The Project site is partially developed with an existing parking lot. There are no hazardous materials or waste sites located on or near the Project site. In addition, the proposed site is not included on a list compiled pursuant to Government Code Section 65962.5. The proposed Project will not create a significant hazard to the public or environment. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. e) No Impact. The Bermuda Dunes Airport (UDD) is located approximately 4.8 miles east of the subject property. The Project planning area is located well outside the airport planning boundary and operational and navigational hazard area. Therefore, the proposed Project would not result in a safety hazard or excessive noise for people residing or working at the Project site, and no mitigation measures would be required. No further evaluation in an EIR is required. f) Less Than Significant with Mitigation Incorporated. The Project site is located within the Desert Willow Golf Course, a square mile development area bounded on the west by Portola Avenue, on the east by Cook Street, on the north by Frank Sinatra Drive and on the south by Country Club Drive. According to the City's General Plan, the Project site is not located along a designated emergency evacuation route. The nearest disaster routes are Portola Avenue and Cook Street approximately 0.24 mile to the west and 0.54 mile east of the site, respectively. The majority of construction activities for the Project would be confined to the Project site itself; however, DSRT SURF Initial Study/Notice of Preparation 38 limited off-site infrastructure improvements may require some work in adjacent street rights-of- way (i.e. Desert Willow Drive, Willow Ridge, and Market Plaza Drive). As such, some partial lane closures adjacent to the Project site, including on Desert Willow Drive and Willow Ridge, may occur. However, these closures would be temporary in nature and even in the event of partial lane closures, both directions of travel on area roadways would be maintained. Desert Willow Drive is a public street that provides access to the existing Desert Willow Clubhouse and resort development from Country Club Drive to the south. The existing clubhouse parking lot will be reconfigured and a portion of the existing parking will be incorporated into the Project site. An emergency access will also be provided at the southwestern portion of the Project site on Willow Ridge Road, from the adjacent Westin resort project. Desert Willow Drive provides the main access point to the Desert Willow Golf Resort clubhouse and associated facilities and amenities. Temporary closure could temporarily interfere with emergency response to the Desert Willow Golf Course but access would be maintained during and following development. Nonetheless, the potential impact of the proposed Project to Desert Willow Drive for emergency response during construction shall be evaluated in the Project EIR. The Project would provide adequate parking, including on-site and off-site parking within the Desert Willow development, and internal circulation to accommodate vehicular traffic without impeding through-traffic movements on City streets. However, the potential impact of the proposed Project to emergency response during operation shall further be evaluated in the Project EIR. g) No Impact. The Project site is located in the City’s urban core, and is not located in a wildland fire hazard zone and is not susceptible to wildfires. Therefore, the Project would not subject people or structures to a significant risk of loss, injury, or death as a result of exposure to wildland fires. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 39 X. HYDROLOGY AND WATER QUALITY Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting Domestic Water Supplier The Coachella Valley Water District (CVWD) provides domestic water to the City of Palm Desert, including the Project site. Its primary source of water is groundwater extracted by deep wells from the Whitewater River subbasin. The total storage capacity of the Whitewater River subbasin is approximately 28.8 million acre-feet and it currently contains approximately 25 million acre-feet. It is capable of meeting the water demands of the Coachella Valley, including the City, for extended normal and drought periods. CVWD’s domestic water system includes 50± wells with an average depth of 900 feet to serve its customer base. CVWD has a total of 27 reservoirs, with an average capacity of 1.8 million gallons. CVWD currently has water infrastructure within the Desert Willow project, including both domestic (potable) and recycled water lines. Recycled water lines are currently used to irrigate landscaped areas. The proposed Project will require both potable water for use in residential, hotel and commercial DSRT SURF Initial Study/Notice of Preparation 40 buildings, and recycled water for irrigation of landscaping. In addition, three potential sources of water are being considered for the surf lagoon: • Installation of a new groundwater well at the southeastern corner of the site; • Connection to the existing Desert Willow groundwater well located south of the site near Country Club Drive; or • Utilization of the potable water from CVWD. The proposed Project will result in a mixed-use resort residential development on approximately 17.69 acres in the City of Palm Desert. State Water Code Section 10910(a) states that any city or county that determines that a “Project”, as defined in Water Code Section 10912, shall prepare a water supply assessment for the Project. The threshold defined by the Water Code is 500 dwelling units, 500,000 square feet of commercial development, or a combination thereof resulting in the equivalent of 500 dwelling units. The City has determined that the proposed Project requires the preparation of a water supply assessment. Therefore, being subject to Senate Bill 610 (SB 610) and Senate Bill 221 (SB 221), a water supply assessment (WSA) and water supply verification (WSV) will be prepared for the Project and submitted in support of the EIR’s analysis. Wastewater Treatment Provider and Sewer System CVWD provides wastewater collection and treatment services to the City of Palm Desert. In the Project vicinity, CVWD treats and recycles wastewater at two wastewater treatment plants (WRP-9 and WRP- 10). These two plants have a total capacity of 18.40 million gallons per day. Recycled water is used for golf course and greenbelt irrigation in the Palm Desert area, thereby reducing demand on the groundwater basin. CVWD continually increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures. CVWD also implements the requirements of the Regional Water Quality Control Board pertaining to domestic water quality and wastewater discharge. According to Palm Desert Municipal Code Section 8.55.050, all new properties, buildings and structures are required to connect to the available public sewer systems Flood Control The Project site is located in the central portion of the Coachella Valley where the average rainfall is approximately 3.76 inches per year. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. The Project site slopes gently to the south and is surrounded by golf course and resort development; there are no or limited tributary flows to and from the site. Within the Desert Willow development, on-site drainage is managed via the use of golf course fairways and lakes used as stormwater retention facilities in accordance with the stormwater master plan developed by the City when the project was designed. The Project area is subject to City requirements relating to flood control. 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) Less Than Significant with Mitigation Incorporated. A significant impact may occur if a Project discharges water which does not meet the quality standards of agencies that regulate surface or ground water quality and water discharge into stormwater drainage systems. DSRT SURF Initial Study/Notice of Preparation 41 The National Pollutant Discharge Elimination System (NPDES) Program regulates stormwater discharges to surface waters. The Project site is located in the Whitewater River watershed where all water providers are required to comply with Regional Water Quality Control Board standards for the protection of water quality, including the preparation of site-specific Water Quality Management Plans (WQMP) for surface waters. The proposed Project would be required to connect to readily available sanitary sewer lines which connect to existing main lines within Country Club Drive and Cook Street. Construction of the on- site line will be subject to all CVWD requirements; therefore, the Project will not violate water quality standards or waste discharge requirements. Based on preliminary design, excess stormwater runoff from the development site will be conveyed to one of the Desert Willow Golf Course lakes located south of the site and north of Country Club Drive. This lake will also be the receiving body for the swimming pools and surf lagoon backwash water, which will be treated before being discharged and conveyed to the golf course lake. Project construction will incorporate the use of a wide range of Best Management Practices (BMPs) to ensure that surface runoff during construction will not adversely affect surface or groundwater quality. These provisions should be further analyzed in the Project EIR. The Project will also be required to comply with National Pollutant Discharge Elimination System (NPDES) regulations, which minimize the pollutant load associated with urban runoff. To reduce discharge of pollutants into runoff, the proposed Project will be required to implement Best Management Practices (BMPs). Implementation of BMPs will preclude and/or intercept pollutants of concern that could potentially enter nearby properties or retention basins. BMPs will also help reduce short and long-term water quality impacts caused by the construction and operation of the proposed Project. BMPs will be further discussed and analyzed in the EIR. The EIR shall further evaluate the potential impact of the proposed Project to surface and ground water quality, and provide mitigation measures to avoid violation of any applicable water quality standards or waste discharge requirements. b) Less Than Significant with Mitigation Incorporated. The proposed Project will require water for domestic use and landscape irrigation for the residential villas, hotel(s), surf lagoon and other pools, and other amenities. CVWD has developed demand factors for various land use categories (i.e. residential, commercial, industrial, schools/institutional, and landscaping irrigation). However, CVWD currently has no water demand factor specifically for surf lagoons; however, factors have been developed for swimming pools and additional data on lagoon water demand will be developed for the EIR. As discussed above, this Project is subject to water use and supply analysis pursuant to SB 610 and SB 221, as codified in Water Code Section 10910(a), and is thereby required to prepare a water supply assessment and water supply verification. The purpose of the water supply assessment will be to determine whether the CVWD water supply is sufficient to meet the demand associated with the proposed land uses. Project landscaped areas will be limited in size and will be required to use drought-tolerant planting materials and water-efficient irrigation. Recycle water is available from CVWD and may be used for Project landscaping, which is not expected to contribute substantially to Project water demands. The Project may construct a new on-site groundwater well and will also implement a turf reduction program within the golf course. It is uncertain at this time what effect, if any, the proposed well will have on area groundwater levels and/or nearby wells. Water sources and demand, as well as the potential effects of the proposed on-site well, will be further analyzed in the WSA and EIR. DSRT SURF Initial Study/Notice of Preparation 42 Based on the preliminary analysis, the Project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge to cause a net deficit in aquifer volume or a lowering of the local groundwater table level. The EIR will analyze whether the proposed Project will impede sustainable groundwater management of the basin. The EIR shall further evaluate the potential impact of the proposed Project on the CVWD water supply, and on the production rate of pre-existing nearby wells. As necessary the EIR shall include mitigation measures to avoid and minimize impacts. c) (i) Less Than Significant with Mitigation Incorporated. The subject site sits on generally flat terrain that gently slopes to the southwest and contains no rivers or streams. Development of the proposed Project will increase impermeable surfaces on-site, and therefore increase on-site storm flows. The City will require the preparation of a hydrology analysis, and will require that the applicant demonstrate that 100-year storm runoff can be retained and stored on-site, according to its standards as included in the master drainage plan for the Desert Willow project. It is understood that for stormwater management purposes, the hydrologic unit of the Desert Willow Resort in which the Project is located is to be considered “on-site.” The hydrology analysis will be required to demonstrate that the release of Project storm flows into existing facilities within the golf course will not cause erosion or siltation. The EIR will consider the hydrologic analysis to determine whether the design will eliminate erosion and siltation, and will consider whether mitigation measures are required to address the issue and reduce its impacts. (ii), (iii) Less Than Significant with Mitigation Incorporated. As described above, the Project’s hydrology design will integrate into the master planned Desert Willow flood control system. This system was designed to accommodate storm flows from all developments within Desert Willow, and is sized appropriately. Implementation of applicable City requirements will assure that the Project will not generate or contribute runoff that would result in flooding either on- or off-site, or exceed the capacity of the stormwater systems or provide substantial additional sources of polluted runoff. Nonetheless, the EIR will further evaluate the potential runoff generated by the Project and its impact to the capacity of existing or planned stormwater drainage systems. Mitigation measures to avoid off-site runoff to the greatest degree practicable will be included, as needed. iv) Less Than Significant with Mitigation Incorporated. As described above, the Project’s hydrology design will be required to integrate into the master plan designed for the Desert Willow project as a whole. As such, the Project’s flood control systems are not expected to impede or redirect storm flows. However, the EIR will consider the design, analyze its effect on the Desert Willow master plan of drainage, and include mitigation measures to assure that the Project will not impede or redirect the master plan’s design. d) Less Than Significant with Mitigation Incorporated. A seiche is an oscillation of a body of water in an enclosed or semi enclosed basin, such as a reservoir, harbor, lake, or storage tank. A tsunami is a sea wave or pulse typically caused by undersea earthquakes. Mudflows result from the downslope movement of soil and/or rock under the influence of gravity. The subject property is not vulnerable to tsunami or mudflows. The Project is proposing to build a 7±-million-gallon lagoon with adjacent and nearby residential and commercial structures. This Project site is also in a seismically active region where strong seismic waves could cause oscillations in the lagoon. The potential of the lagoon to generate potentially damaging seismically-induced waves will be further assessed in the EIR. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 43 XI. LAND USE AND PLANNING Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting The site is designated as a Resort and Entertainment District in the General Plan Land Use Map. The site is zoned as Planned Residential (PR-5) and is governed by the policies and land use designations of the City of Palm Desert General Plan and Zoning Ordinance. The City of Palm Desert participates in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), as discussed above under Biological Resources, and is a Permittee under that Plan. Discussion of Impacts a) No Impact. The subject property is currently partially developed with an existing surface parking lot and is located within the Desert Willow Golf Course. The Desert Willow development, which includes two championship golf courses, the Firecliff Course and Mountain View Course, as well as residential and resort development will not be affected by the proposed Project. The existing Desert Willow clubhouse parking lot will be reconfigured and a portion of the existing parking will be incorporated into the Project site. Development of the surf lagoon, surf center facilities (including a restaurant, bar, retail and similar facilities), hotel(s), residential villas, and parking would occur on the currently vacant portion of the Desert Willow site located between the Firecliff and Mountain View Golf Courses. The Project would not interrupt these golf areas, neighborhood community or connectivity, or otherwise physically divide an established community. The surrounding established communities are physically separate from and operate independently of the proposed Project. The proposed Project will not be physically divided any community. This issue will not be further analyzed in the forthcoming EIR. b) Less Than Significant Impact. The Project site is located on the north side of Country Club Drive between Portola Avenue and Cook Street in the approximate center of the square mile Desert Willow development, which is a part of the City’s 1989 North Sphere Specific Plan. The Project site is located within planning area 10 (PA 10) of that plan and is designated for hotel and resort development. Currently, the Project site is designated as Resort and Entertainment District on the City’s General Plan Land Use Map, which allows bed and breakfast inns, recreational facilities, small retail, large retail, and lodging, support retail, and commercial services along with specialized entertainment with a commercial floor area ratio (FAR) of up to 0.10, and multi-family residential land uses of up to 10 dwelling units per acre (DU/AC). These uses are generally consistent with the proposed Project. DSRT SURF Initial Study/Notice of Preparation 44 The City’s Zoning Map designates the site as Planned Residential (PR-5), allowing 5 units per acre. The Planned Residential zone also allows for the development of hotels with approval of a Conditional Use Permit (CUP), but prohibits the development of “Commercial Recreation Facilities” (Section 25.10.030-Allowed Land Uses and Permit Requirements). Commercial Recreation Facilities are defined as “any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain”, The proposed Specific Plan would supersede the current zoning designations on the Project site. Municipal Code Section 25.10.40 (Specific Use Standards), however, inconsistently states that Commercial Recreational Facilities are permitted in the PR zone with approval of a Conditional Use Permit “when not related to a permitted residential development.” This portion of the Zoning Ordinance would allow the proposed surf lagoon with approval of a CUP. This inconsistency is rectified through preparation of the proposed Specific Plan. To proposed Specific Plan will guide the development of the Project overall. The Project also includes a Precise Plan, Tentative Tract Map and a Development Agreement. The proposed Specific Plan will set forth the planning principles, land use policies, development standards, and design guidelines for the proposed development, and on-site and off-site public improvements. The Project’s Specific Plan will address maximum development densities (Table 1), which will be analyzed in the EIR. The land use, design, and development standards of the first phase of development will be regulated through a Precise Plan process pursuant to City Municipal Code Section 25.72.030. All lands surrounding the site are currently designated as Resort and Entertainment and developed as golf course except the Westin Desert Willow Villas to the southwest of the subject development site. The Project site appears to be appropriate for mixed used development of the type proposed. It is an isolated piece of land within the Desert Willow development, and proposes resort residential development comparable to that permitted elsewhere within the Desert Willow development. The proposed hotel(s) will also be consistent with the other hotels (i.e. Embarc Palm Desert, Residence Inn by Marriott Palm Desert, and Courtyard by Marriott Palm Desert) in the surrounding area. Nonetheless, the EIR will provide further analysis the proposed land uses and the Project’s consistency with all applicable land use plans, policies, and regulations. Source: City of Palm Desert General Plan, 2016; Palm Desert Zoning Ordinance (as amended); Palm Desert North Sphere Specific Plan, 1989; Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) 2013; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 45 XII. MINERAL RESOURCES Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting The subject property is located on the Palm Springs Sand Ridge, which is underlain primarily by wind- blown sandy soils. There are no minable sand or gravel resources located on the subject property or in the vicinity. The majority of the City is made up of valley floor sands and silts transported by fluvial and aeolian forces. In some locations, sand and gravel located on alluvial fans at the base on rocky foothills surrounding the valley are an economic resource and commonly used for road base and other building materials. Small amounts of limestone, copper and gold have been explored from some parts of the city in the past. No existing sand or gravel resources occur on or in the vicinity of the Project site. Discussion of Impacts a, b) No Impact. The Projects site is currently partially developed. It and the surrounding lands are located in a State-designated Mineral Zone MRZ-3, which indicates an “area containing mineral deposits; however, the significance of these deposits cannot be evaluated from available data.” The Project site occurs in an urban setting and is not designated for mineral resource extraction so it would not result in the loss of availability of a mineral resource or a mineral resource recovery site. No impacts would occur and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491; Updated Mineral Land Classification Map for Portland Cement Concrete-Grade Aggregate in the Palm Springs Production-Consumption (P-C) Region, Riverside County, California (2007). DSRT SURF Initial Study/Notice of Preparation 46 XIII. NOISE Would the Project result in: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 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? ✓ b) Generation of excessive groundborne vibration or groundborne noise levels? ✓ 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? ✓ Environmental Setting In the City of Palm Desert, noise sources can be divided into two basic categories, transportation sources (primarily traffic) and non-transportation or “stationary” sources. Transportation sources are by far the largest contributor to community noise levels. Local government has little direct control over transportation noise; rather, state and federal agencies assume the responsibility to control vehicle noise emission levels. The effective methods to reduce the impacts of noise on sensitive land uses include vehicle trip reduction, noise barriers, setbacks and other means. City’s Noise Standards Table 4.12-1 (Maximum Allowable Noise Exposure – Land Use Compatibility) of the General Plan EIR shows the local interior and exterior noise standards/thresholds. Acceptable exterior noise levels for residential development range from 45 to 65 dBA CNEL, and 45 to 70 dBA CNEL for commercial development, including neighborhood parks and offices. 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 throughout the City. Discussion of Impacts a) Potentially Significant Impact. The Project site is located within an urbanized area that contains various sources of noise. The most predominant source of noise in the Project area is associated with traffic from nearby roadways. The Project site is currently partially developed with surface parking and is subject to existing on-site noise sources primarily associated with vehicle noises and similar parking lot activity. During Project construction, the use of heavy equipment (e.g., bulldozers, backhoes, cranes, loaders, etc.) would generate noise on a short-term basis. Additionally, the implementation of the Project would introduce new permanent residential and commercial land uses to the Project site. The proposed Project includes development of a surf lagoon where propulsion equipment would be used to generate water waves. Wave equipment will operate in an enclosed building. In addition DSRT SURF Initial Study/Notice of Preparation 47 to periodic surf competition events, the site would also be a venue for musical entertainment with amplified music. The potential noise impacts associated with this equipment and live musical events is currently unknown. Project traffic has the potential to increase local noise levels along adjacent lands and roadways. Therefore, a noise impact analysis will be prepared, and further analysis of this issue in an EIR is required. b) Potentially Significant Impact. Construction of the Project could generate groundborne noise and vibration in association with site excavation and grading, compacting activities, and construction equipment. Primary noise sources will be heavy equipment, some of which will operate in proximity to sensitive receptors, including residents west and southwest of the development site. The EIR’s vibration analysis will take into consideration the potential for the Project to cause groundborne vibration at nearby sensitive buildings and receptors. In addition, the increase in on-site uses may also result in periodic increases in noise levels. The City will require that construction activity comply with Section 9.24.070 of the Municipal Code, which limits construction activity to between 7 a.m. to 5:30 p.m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No activity is permitted on Sundays and holidays. Construction and operational noise has the potential to increase ambient noise levels above existing levels. Therefore, further analysis of this issue in an EIR is required. c) No Impact. The Project site is located approximately five miles west of the Bermuda Dunes Airport (UDD) and is well outside existing and modeled future airport noise contours. Therefore, no impacts would occur, and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Palm Desert Municipal Code 9.24.030; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 48 XIV. POPULATION AND HOUSING Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting As of 2018, the population of the City of Palm Desert is 52,769, a 1.4 percent increase over 2017. The City is composed of a mix of single-family and multi-family development, but the majority (55%) of housing units are single-family homes. The Southern California Association of Governments (SCAG) estimates that the City will have a total population of 61,700 in 2040.4 Discussion of Impacts a) Less Than Significant Impact. The Project would result in the construction of 88 new residential villas, up to 350 hotel rooms and amenities, and a surf lagoon with surf center facilities to include restaurant, bar, retail and similar facilities. Given the city’s average household size of 2.16 persons5, 88 new residential villas of the Project could potentially include a permanent population of approximately 190 persons. This represents 0.3% of the City’s anticipated 2040 population of 61,700, which would have a less than significant impact on the overall population of the area. The proposed surf center and hotel(s) will generate a variety of new jobs, including retail and hotel service jobs, as will the villas if operated as extensions of the hotel(s) or as timeshare or fractional units. However, on-site employment opportunities are expected to be filled by people already living in the valley; therefore, new employment opportunities associated with the proposed Project are expected to be minor and less than significant. The Project is not expected to attract a substantial number of new residents to the area. Local public streets will not be affected by the proposed Project in such a way that would require new off-site road construction. Local utilities, including water, sewer and electricity, are already provided to the Project site and surrounding development. Use of these facilities by the proposed Project will not induce additional urban development. The EIR will provide additional information regarding any employment and population growth that could be associated with the buildout of the proposed Project. 4 2016-2040 Demographics and Growth Forecast by Southern California Association of Governments – Page 27. 5 City’s General Plan EIR 2016 – Page 4.13-3. DSRT SURF Initial Study/Notice of Preparation 49 b) No Impact. The subject property is largely vacant and the proposed Project would not displace any existing housing. The development of the Project would also not cause the displacement of any persons or require the construction of housing elsewhere. No impact will occur, and no further analysis is required in an EIR. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 50 XV. PUBLIC SERVICES 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 Incorporated Less Than Significant Impact No Impact Fire protection? ✓ Police protection? ✓ Schools? ✓ Parks? ✓ Other public facilities? ✓ Environmental Setting Fire Protection The City of Palm Desert contracts with Riverside County Fire Department to receive fire protection services. The nearest fire station is Riverside County Fire Station 71 at 73995 Country Club Drive, approximately 0.53 mile southwest of the Project site. This station also receives backup fire support from station No. 55 in Indian Wells and Stations No. 50 and No. 69 in Rancho Mirage. The Cove Communities Fire Department has 84 personnel in total, distributed among the three cities, all of which operate under a Regional Fire Protection Program. Police Protection The City of Palm Desert contracts with the Riverside County Sheriff’s Department for police protection services. The nearest police station is the Palm Desert Police Station on Gerald Ford Drive and approximately 1.60 mile to the northwest. Staffing consists of 70 sworn officers that include 45 deputies, 10 of which are dedicated to traffic enforcement. The City of Palm Desert currently provides about 1.75 sworn officers for every 1,000 residents. The average response time for the highest priority emergency calls was 4.6 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). The nearest elementary school is James Earl Carter Elementary School, located on Hovley Lane approximately 1.10 miles southwest from the Project site. Parks In the City of Palm Desert, a total of 163 acres of park lands currently occur, with an additional 56 acres dedicated for future parks. The nearest public park to the Project site is Hovley Soccer Park located less than 1.09 mile south of the proposed Project. DSRT SURF Initial Study/Notice of Preparation 51 Discussion of Impacts Fire Protection: Less Than Significant with Mitigation Incorporated. The proposed development will comply with the California Fire Code and regulations of the County Fire Department to reduce fire protection impacts to less than significant levels. County requirements will include, but not be limited to: • Sufficient supply of firefighting water available at the Project site; • Connections for fire apparatus in unobstructed areas easily accessible in all weather conditions; and • Fire hydrants or water tanks, and roads of all-weather surfaces meeting County specifications to support heavy fire apparatus. The Fire Department will review the Project site plan to ensure it meets applicable fire standards and regulations and to determine if the requirements for these public agencies were being met. Based on the preliminary analysis, the proposed Project could potentially impact response times during the special event, therefore, the EIR shall analyze Project’s access roads, facility locations, power shutoffs, gas shutoff, confirmed space, chemicals, and safety in detail. It should also be noted that the proposed Project will be required to pay City development impact fees to pay its fair share of future facilities and apparatus. The Project will also generate property tax, sales tax and transient occupancy tax that will further help to offset costs associated with fire protection within the Project. Although no construction of new fire facilities is required for the proposed Project, the EIR shall evaluate the potential impacts of the Project to affect emergency response times or introduce hazardous design elements, and may include mitigation measures to reduce potential impacts. Police Protection: Less Than Significant with Mitigation Incorporated. The proposed Project could potentially increase the number of police service calls due to an increase in onsite residences, hotel and commercial guests, employees and visitors. Based on the type and intensity of the proposed uses, the Project would not require the construction of new or expanded police station facilities. It is uncertain whether the proposed Project could potentially impact police response times during special events. Therefore, the EIR shall further analyze Project access, facility locations, video surveillance systems with recording and archiving capabilities, and uniformed on-site security patrols in detail. Police patrol personnel will be able to access the site using Desert Willow entrances off of Country Club Drive, Portola Avenue, and Cook Street. The EIR shall evaluate the potential impacts of the Project to site access and emergency response times, and include mitigation measures, as needed, to reduce potential impacts. Schools: Less Than Significant Impact. The Project includes the development of 88 residential villas which could generate a demand for students. In the event these residential units are divided as time shares or the like, they may generate little or no additional school-age children. Depending on the DSRT SURF Initial Study/Notice of Preparation 52 number of jobs created, the Project could have a modest effect on new household formation and a commensurate increased demand for school services and facilities. The Project will be required to pay mandated school development impact fee to offset direct and indirect costs associated with increases in student population. These fees and a portion of property taxes generated by the Project will help to reduce impacts to local schools. While the impacts to area schools are expected to be less than significant, the EIR will evaluate the potential impacts of the Project to schools. Parks/ Other public facilities: Less Than Significant Impact. Although the Project proposes onsite recreational amenities and open spaces for both planning areas, the Project’s residences, guests, employees and visitors could generate an increased use of City park and recreation facilities. To reduce the potential impacts, the Project may be required to pay the development impact fee for parks which is imposed on all new development in the City. Overall, Project build out is expected to marginally impact local and/or regional parks/other public facilities. While no additional public facilities are required for the proposed Project to accommodate the residents/guests, the EIR will further evaluate the potential impacts of the Project to the public parks and other facilities. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 53 XVI. RECREATION Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting Palm Desert has a total of 163 acres of improved park lands, with an additional 56 acres dedicated for future parks. The nearest public park to the Project site is Hovley Soccer Park located 1.09 mile south of the proposed Project. The Desert Willow golf course is a public course developed and owned by the City, providing discount golf to City residents. Other City park facilities include numerous mini, neighborhood and community parks, as well as school parks, community center, senior center, and extensive bike lanes and hiking trails. Discussion of Impacts a, b.) No Impact. The primary Project uses that might generate a demand for City recreation facilities would be residents associated with the proposed 88 villa residences. To a lesser degree hotel and surf park guests may also make use of some City recreational facilities. The proposed villas could generate an estimated permanent population of 190 residents, depending on how they are sold and occupied. The proposed villas will include onsite recreational amenities, as required in the Specific Plan. The hotel(s) will include its own onsite recreational amenities including swimming pools, gymnasium and event spaces. Hotel guests can be expected to utilize onsite recreational amenities as well as local and regional recreational facilities. In the overall, and in light of the planned on-site recreational facilities associated with the proposed Project, it will not induce substantial population growth that would result in significant impacts to existing neighborhood and regional parks or other recreational facilities. No further analysis is required. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 54 XVII. TRANSPORTATION Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting In the City of Palm Desert, all roadways are classified into nine different roadway types. Country Club Drive, which will provide primary access to the proposed development site, is designated a “Major Arterial”. Other major arterial roadways serving the site include Portola Avenue and Cook Street, which are also divided four-lane roadways. The City’s acceptable Level of Service (LOS) for both roadway segments and intersection operations in LOS D or better. All area roadways and intersections currently operate at LOS D or better. The proposed Project would consist of differing traffic generators, including commercial recreation and retail uses, hotels, and residences, each of which generate traffic at differing times of the day. The manner in which the proposed villas are occupied may also affect the volumes of traffic from these residences. A traffic study is being prepared for the proposed Project, which will evaluate the effects of each of the proposed land uses and the overall impact on roads and intersections. Discussion of Impacts a) Less Than Significant with Mitigation Incorporated. Construction of the Project has the potential to affect existing City roadways through the hauling of excess soil, the transport of construction equipment, delivery of construction materials, and travel by construction workers to and from the Project site. This impact is expected to be less than significant but will be further evaluated in the Project EIR. Operation of the Project would result in an increase in daily and peak-hour traffic in the Project vicinity. The Project’s residences, guests, employees and visitors would generating vehicle and transit trips throughout the day and could affect roadway and/or intersection capacities. Therefore, further analysis of the Project’s impacts on the local transportation network will be evaluated in the Project traffic report and EIR. Furthermore, SunLine Transit Agency provides bus transit services to the Coachella Valley, including the City of Palm Desert. Sunline Line # 20 currently provides service along Cook Street. The closest bus stop to the Project is on Cook Street, at Country Club Drive. DSRT SURF Initial Study/Notice of Preparation 55 Based on the Coachella Valley Association of Governments (CVAG) Active Transportation Plan, bicycle facilities exist along Country Club Drive, however, no additional facilities are proposed along Country Club Drive or Desert Willow Drive. The proposed Project will not have a significant effect on nor will it conflict with policies regarding public transit, bicycle, or pedestrian facilities, nor will it otherwise decrease the performance or safety of such facilities. This impact is expected to be less than significant but will be further evaluated in the Project EIR. b) Less Than Significant Impact. According to Section 15064.3, a significant impact could occur if the Project would result in a significant increase in vehicle mile traveled. The proposed Project would result in new trip generation to and from the subject site. The Project’s residences, guests, employees and visitors would be generating vehicle and transit trips throughout the day and could affect roadway and/or intersection capacities. Therefore, further analysis of the vehicle miles traveled as a result of the proposed project and associated impacts on the local transportation network will be evaluated in the Project traffic report and EIR. c) No Impact. The proposed Project is located within the largely developed Desert Willow Golf Resort and is accessed via Country Club Drive and Desert Willow Drive. Its development will not introduce any new roadway hazards for any mode of user, and roadways and intersections serving the site and vicinity will be unaffected and unaltered as a consequence of Project development. Therefore, the proposed Project will not increase any type of transportation hazard and no further analysis is required in the EIR. d) Less Than Significant with Mitigation Incorporated. There are at least three major points of access to the Project site, including two on Desert Willow Drive and one through the Westin Villas site on Willow Ridge. Even golf course paths may be used by at least some emergency vehicles if the need arises. Project construction activities could temporarily affect emergency access in the vicinity of the property and the adjoining clubhouse facilities. The Project would also generate construction traffic, particularly haul trucks, which may affect accessibility to adjacent streets. In addition, as part of the Project, existing site access would be modified. Therefore, further analysis of this issue and the preservation of emergency access to this and other affected lands shall be further evaluated in the Project EIR. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 56 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 Incorporated 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. ✓ Environmental Setting As discussed above in Section V, Cultural Resources, the subject property and the valley were settled centuries ago by the ancestors of today’s Cahuilla Indians. The Cahuilla Indians are a Takic-speaking people that before European settlement consisted of hunters and gatherers who are generally divided into three groups based on their geographic setting: the Pass Cahuilla of the Beaumont/Banning area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains; and the Desert Cahuilla from the Coachella Valley, as far south as the Salton Sea. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one of the Indian reservations in and near the Coachella Valley, including the Cabazon, Augustine, Torres Martinez, Twenty-nine Palms, Agua Caliente, and Morongo. The subject property is located in a traditional use area of the Cahuilla but does not occur within any tribal reservation. The potential for the subject property to harbor tribal cultural resources, such as a site, feature, place, or cultural landscape, is considered to be low. This is due to the property’s location on the Palm Springs Sand Ridge of the desert floor, which does not provide water sources, ethnobotanical resources, lithic resources or unique landscape features. Nonetheless, a cultural resources report was prepared that evaluates and addresses the potential for the site to harbor such resources. Discussion of Impacts a) i), ii)Less Than Significant with Mitigation Incorporated. Based on historical background research, no historical or archaeological resources are expected on the Project sites that would be 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). DSRT SURF Initial Study/Notice of Preparation 57 In addition, no resource listed or determined by the City as significant for a California Native American tribe is expected to occur on the site. The Project would require excavation at depths greater than those having previously occurred on the site (existing parking lot), it is possible that the Project could uncover cultural resources of significant value to local tribes. Therefore, the cultural resource report and EIR will provide further analysis of the Project’s potential impacts to tribal cultural resources. The analysis of this issue will be addressed in accordance with CEQA Guidelines Section 5024.1. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 58 XIX. UTILITIES AND SERVICE SYSTEMS Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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? ✓ Environmental Setting CVWD is a public water agency who provides domestic water and wastewater collection and treatment services to majority of the Coachella Valley including the City of Palm Desert and the subject property. CVWD is also one of the primary managers of the valley’s groundwater basins. For purposes of this Project, the management of stormwater is under the jurisdiction of the City. Burrtec Waste and Recycling Services provides solid waste disposal services through a franchise agreement with the City and will be responsible for collection and disposal of solid waste from the Project site. Trash and recycled materials are collected from customers and transported to the Edom Hill transfer station facility operated by Burrtec. The transfer station at Edom Hill is permitted to receive 2,600 tons of waste per day. From there solid waste is taken to the Lamb Canyon landfill in Beaumont, which has a permitted capacity of 3,000 tons per day, and a remaining capacity of 20,908,000 cubic yards. Its projected closure date is 2023. Badlands Landfill, located at 31125 Ironwood Avenue, Moreno Valley and other possible alternatives include the Lamb Canyon Landfill and El Sobrante Landfill. The County of Riverside operates all these landfills. DSRT SURF Initial Study/Notice of Preparation 59 Discussion of Impacts a), c) Less Than Significant with Mitigation Incorporated. Water CVWD will provide domestic water for the Project. The Project could have an on-site private groundwater well to provide surf lagoon’s water which will be regulated by Regional Water Quality Control Board and the County’s Department of Environmental Health. Otherwise, the Project could connect to the existing Desert Willow groundwater well located south of the site near Country Club Drive or utilize potable water from CVWD. The residential, resort and commercial uses within the Project will connect to existing domestic water mains located within the Willow Ridge Road and Desert Willow Drive rights-of-way. Wastewater CVWD provides wastewater collection and treatment services for the Projects site and is currently treating and recycling City-generated wastewater at two wastewater treatment plants (WRP-9 and WRP-10). These two plants have a total capacity of 18.40 million gallons per day. Recycled water from these facilities is being used for golf course and greenbelt irrigation, thereby reducing demand on the groundwater basin. The Project site is currently partially developed with surface parking for the Desert Willow clubhouse. Upon implementation of the Project, wastewater generated from the proposed Project would be collected in CVWD sewer mains. Backwash and maintenance water will periodically be generated by Project swimming pools and the surf lagoon, which will be treated on-site and discharged into one of the Desert Willow golf course lakes for course irrigation. The proposed Project will require construction of on-site sewer infrastructure to connect to the existing sewer mains located in the Desert Willow Drive and Willow Ridge Road rights-of-way. Sewage will be conveyed south along Cook Street to the CVWD plant near the Whitewater River Stormwater Channel two miles to the south. The Project wastewater discharges will be typical of residential and commercial uses. No industrial discharge into the wastewater system would occur. Stormwater Storm water infrastructure within the City consists of a network of regional and local drainage channels. Ultimately, all major storm flows in the City are conveyed to the Whitewater/Coachella Valley Stormwater Channel, which discharges into the Salton Sea. The proposed Project will not discharge into either regional or local drainages. Rather, it will manage stormwater on-site and convey excess flows via a new underground pipe to one of the existing Desert Willow golf course lakes located south of the Project development site. As required by the City’s Municipal Code, Section 8.50.190., a Preliminary Water Quality Management Plan will be prepared for the Project. As discussed above in Section IX, Hydrology and Water Resources, the Project site will incorporate BMPs for construction and post- construction conditions, designed to control pollutants that enter the on-site and off-site (lake) system, and will not affect water quality. Nonetheless, the EIR shall further analyze the Project’s stormwater infrastructure and provide mitigation measures to reduce impacts where necessary. Other Utilities Furthermore, the proposed Project will require construction of on-site electric power, natural gas, or telecommunications infrastructure to connect to the existing infrastructure located around the DSRT SURF Initial Study/Notice of Preparation 60 Project site. The Project would not result in the construction of new electric power, natural gas, or telecommunications facilities off-site to cause significant environmental effects. The EIR shall further evaluate the potential volume of waste the Project could generate and compliance with waste discharge requirements. Wastewater treatment will be in compliance with the State’s wastewater treatment requirements. In addition, electric power, natural gas, or telecommunications usage will be in compliance with the State’s, SCE’s, SoCalGas’s, and Frontier’s energy use requirements. The EIR shall further evaluate the potential impacts of the Project on existing electric power, natural gas, and telecommunications facilities that could generate and compliance with energy use requirements. b) Less Than Significant with Mitigation Incorporated. As discussed in Section X, the proposed Project will require water for domestic use and landscape irrigation for the residential villas, hotel(s), surf lagoon and other pools, and other amenities which will be discussed in the WSA. An analysis of the Project’s water demand is currently under way and will be documented in a Water Supply Assessment and the forthcoming Project EIR. CVWD’s primary water source is local groundwater from Whitewater River sub-basin. The proposed Project will be required to implement a variety of water conservation measures imposed by CVWD under both normal and drought conditions and over the life of the Project. The EIR will further evaluate the Project’s water demand, its impact to groundwater supplies, effectiveness of any proposed conservation measures and the adequacy of the existing infrastructure to serve the Project. The EIR shall consider mitigation measures to reduce the Project’s water demand, where applicable. d, e) Less Than Significant Impact. Construction and operations-related solid waste from the site will be collected and disposed by Burrtec, a regional commercial vendor that serves the City and other municipalities to haul solid waste to transfer and recycling centers, some of which it operates. Among its services, Burrtec collects and recycles construction waste. The proposed Project proposed Project would be required to comply with requirements of AB 939 for diversion of solid waste. Sufficient landfill capacity exists to serve the proposed Project. The solid waste generated by the proposed Project will be quantified in the EIR and it is not anticipated that the Project would generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure to impair the attainment of solid waste reduction goals. Impacts would be less than significant. Nonetheless, the EIR will further analyze Project’s potential to impact local or regional landfills, or the service provider. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491. DSRT SURF Initial Study/Notice of Preparation 61 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 Incorporated 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? ✓ Environmental 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 the landscape and structures are not designed and maintained to be ignition resistant. A wildland-urban interface 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 (Cal Fire) 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 wildland- urban interface (WUI). Southern portions of the City are susceptible to the risk of wildland fires. The project site is located in the center of the City’s developed area, and is not adjacent to a wildland fire area. To reduce the wildfire risk, the City of Palm Desert has incorporated state requirements with the adoption of the 2016 edition of the California Building Standards Code and the 2016 edition of the California Fire Code. In addition, the City has adopted an emergency response plan which established procedures for fire conditions. DSRT SURF Initial Study/Notice of Preparation 62 Discussion of Impacts a) No Impact. The primary emergency evacuation routes in the City include I-10, Highway 111, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. The project site is located between Portola Avenue and Cook Street, which provide access in an emergency for the majority of the central city. Development on the subject property would not substantially impair the City’s adopted emergency response plan or Palm Deserts' emergency evacuation plan as the project is not proposing to amend these routes to impede the emergency evacuation. No impact is anticipated. b), c) No Impact. The project site is not located within a wildfire hazard severity zone nor a wildland- urban interface (WUI). The project is located in the urban core of the City, and miles from an area of wildland fire potential. Urban roadways exist surrounding the project, but no new wildfire risk infrastructure will be required. No impacts would occur, and no mitigation measures would be required. No further evaluation in an EIR is required. d) No Impact. The project site is located within the City’s urban core, on the valley floor where there is no potential for flooding, landslide, or post-fire slope instability. Therefore, the implementation of the proposed Project would not expose people or structures to significant risks such as downslope or downstream flooding or landslides, post-fire slope instability, or drainage changes. No impacts would occur, and no mitigation measures would be required. No further evaluation in an EIR is required. Source: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.2.5491; City of Palm Desert Emergency Response Plan. DSRT SURF Initial Study/Notice of Preparation 63 XXI. MANDATORY FINDINGS OF SIGNIFICANCE Does the Project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated 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) Less Than Significant with Mitigation Incorporated: Biological Resources The Project site is not located within the CVMSHCP-designated conservation area and does not contain any wildlife corridors or biological linkage areas. However, on-site vegetation could provide habitat for nesting birds; therefore, the Project’s potential to impacts sensitive biological resources it will be further evaluated in the EIR. Cultural Resources The Project site does not lie within the traditional land use area of local Cahuilla Indian Tribes. The site has a low probability of containing archaeological resources. There are no historic structures on site or in the Project vicinity that represent a major period of California history or prehistory. The potential, although low, exists that resources could be uncovered during site excavation and grading, which could result in a significant impact to archaeological resources; the potential for impacts will be further evaluated in the EIR. b) Potentially Significant Impact. The potential for cumulative impacts occurs when the independent impacts of the Project are combined with impacts from other development to result in impacts that are cumulatively potentially significant. Located within the vicinity of the proposed Project are other current and reasonably foreseeable projects whose development, in conjunction with that of the Project, may contribute to potential cumulative impacts. Impacts of the Project on both an individual and cumulative basis will be addressed in the EIR. c) Potentially Significant Impact. It is not known at this time whether the proposed Project could cause substantial adverse effects on human beings, either directly or indirectly. The EIR will evaluate the potential for such impacts and may recommend mitigation measures that avoid or minimize such effects. Responses to Notice of Preparation From:Rull, Paul To:Ceja, Eric Subject:SP18-0002, PP18-0009, TTM37369 transmittal ALUC comments Date:Wednesday, January 23, 2019 10:51:51 AM Good Morning Eric, Thank you for transmitting the above reference project to ALUC for review. Please note that the project is not located within an airport influence area, and therefore ALUC review is not required. However, it is important to note that the project is located in the vicinity of Bermuda Dunes Airport, and that aircraft bird strikes is a potential hazard to flight. In order to mitigate this potential impact, the proposed surf lagoon should be analyzed as a potential bird attractant in relation to the aircraft flight patterns at Bermuda Dunes Airport. If you have any questions, please feel free to contact me. Paul Rull ALUC Principal Planner Confidentiality DisclaimerThis email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The informationcontained in this message may be privileged and confidential and protected from disclosure. If you are not the author's intended recipient, be advised that you have received this email in error and that any use,dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in errorplease delete all copies, both electronic and printed, and contact the author immediately. County of Riverside California Tuesday, February 19, 2019 at 8:23:54 AM Pacific Standard Time Page 1 of 1 Subject:FW: SCAQMD Staff NOP Comments for the DSRT SURF Specific Plan Date:Tuesday, February 19, 2019 at 8:16:26 AM Pacific Standard Time From:eceja@cityofpalmdesert.org To:Nicole Criste, Kelly Clark CC:Kimberly Cuza AFachments:Mimecast ASachment ProtecTon InstrucTons.eml, ATT00001.txt, RVC190122-05 NOP DSRT SURF Specific Plan_20190219.pdf Hello, ASached is the NOP response from SCAQMD. Eric Ceja Principal Planner Ph: 760.346.0611 Direct: 760.776.6384 eceja@cityofpalmdesert.org From: Lijin Sun [mailto:LSun@aqmd.gov] Sent: Tuesday, February 19, 2019 7:25 AM To: Ceja, Eric <eceja@cityofpalmdesert.org> Subject: SCAQMD Staff NOP Comments for the DSRT SURF Specific Plan