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HomeMy WebLinkAbout2024-05-07 PC Regular Meeting Agenda Packet PLANNING COMMISSION CITY OF PALM DESERT MEETING AGENDA Tuesday, May 7, 2024 6:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting and there will be in-person access to this location. To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419 or call (213) 338-8477, Zoom Meeting ID: 847 3970 7419 • Written public comment may also be submitted to PlanningCommission@palmdesert.gov. E- mails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. • Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the Planning Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the Planning Commission for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 5.a APPROVAL OF MINUTES 5 RECOMMENDATION: Approve the Minutes of April 2, 2024. 6.CONSENT ITEMS HELD OVER 7.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 8.PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. 8.a CONSIDERATION TO ADOPT AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT 9 RECOMMENDATION: Adopt Planning Commission Resolution No. 2864 entitled, “A RESOLUTION OF THE PALM DESERT PLANNING COMMISSION ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” Planning Commission Meeting 2 8.b CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A 24- HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 133 RECOMMENDATION: Adopt Planning Commission Resolution No. 2865 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 24-HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NO. CUP24-0001.” 8.c CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO AMEND AND ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.) 175 RECOMMENDATION: Adopt Planning Resolution No. 2866 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL AMEND AND ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.)” 8.d CONTINUE ZONING ORDINANCE AMENDMENT 2024-0002 TO THE JUNE 4, 2024 PLANNING COMMISSION MEETING 393 RECOMMENDATION: CONTINUE ZONING ORDINANCE AMENDMENT (ZOA) 2024-0002 TO THE JUNE 4, 2024 PLANNING COMMISSION MEETING. 9.INFORMATIONAL REPORTS & COMMENTS 9.a SUMMARY OF CITY COUNCIL ACTIONS 9.b COMMITTEE MEETING UPDATES 9.b.1 Cultural Arts Committee 9.b.2 Parks and Recreation Committee 9.c PLANNING COMMISSIONERS 9.d CITY STAFF 9.e ATTENDANCE REPORT 10.ADJOURNMENT The next Regular Meeting will be held on May 21, 2024, at 6:00 p.m. Planning Commission Meeting 3 11.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /S/ Monique Lomeli Senior Deputy Clerk Planning Commission Meeting 4 PLANNING COMMISSION CITY OF PALM DESERT REGULAR MEETING MINUTES April 2, 2024, 6:00 p.m. Present: Commissioner Nancy DeLuna, Commissioner John Greenwood, Commissioner Ron Gregory, Chair Joseph Pradetto Absent: Commissioner Lindsay Holt 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chairman Pradetto on Tuesday, April 2, 2024, at 6:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Chair Pradetto led the Pledge of Allegiance. 4. NON­AGENDA PUBLIC COMMENTS None. 5. CONSENT CALENDAR 5.a APPROVAL OF MINUTES Motion by: Commissioner DeLuna Seconded by: Commissioner Gregory Approve the Minutes of March 19, 2024. Motion Carried (4 to 0) 6. CONSENT ITEMS HELD OVER 7. ACTION CALENDAR 7.a RECOMMEND THAT THE CITY COUNCIL ADOPT A ZONING ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND MIXED­USE OBJECTIVE DESIGN STANDARDS, AND FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Commissioner DeLuna announced her recusal due to her employer's involvement in a business relationship with potential conflict of interest and left the Council Chamber. 5 Planning Commission Minutes April 2, 2024 2 Principal Planner Nick Melloni narrated a PowerPoint presentation and responded to Commission inquiries. Motion by: Commissioner Greenwood Seconded by: Commissioner Gregory Adopt Planning Commission Resolution No. 2863 to: 1. Recommend the City Council approve a Zoning Ordinance Amendment amending Title 25 of the Palm Desert Municipal Code (PDMC) by adding Chapter 25.42 – Objective Design Standards and amending other sections of Title 25 of the Palm Desert Municipal Code, to enact the Residential and Mixed-Use Residential Objective Design Standards document, inclusive of a revision of ODS 3.3.5 footnote concerning irrigation practices to be applicable to all tree species. 2. Find the project is exempt from further California Environmental Quality Act (CEQA) review pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15378, and/or 15061(b)(3). RECUSED (1): Commissioner DeLuna Motion Carried (3 to 0) 8. PUBLIC HEARINGS 9. INFORMATIONAL REPORTS & COMMENTS 9.a SUMMARY OF CITY COUNCIL ACTIONS None. 9.b COMMITTEE MEETING UPDATES 9.b.1 Cultural Arts Committee None. 9.b.2 Parks and Recreation Committee Principal Planner Melloni reported the Parks and Recreation Committee discussed potential for a bike trail along the west side of the Palm Valley Storm Channel and advised that Gerald Dawson resigned from the Parks and Recreation Committee. The Committee took no reportable action. 9.c PLANNING COMMISSIONERS None. 9.d CITY STAFF Principal Planner Melloni reported on City efforts to update the University Neighborhood Specific Plan and advised that information relevant to this update can be reviewed on the City's engagement website. 6 Planning Commission Minutes April 2, 2024 3 7 Planning Commission Minutes April 2, 2024 4 9.e ATTENDANCE REPORT This report was provided with the agenda materials, and no action was taken. 10. ADJOURNMENT The Planning Commission adjourned at 6:19 p.m. 11. PUBLIC NOTICES _________________________ Monique Lomeli, Senior Deputy Clerk Recording Secretary __________________________________________ Richard Cannone, Director of Development Services Secretary to the Planning Commission 8 Page 1 of 6 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT MEETING DATE: May 7, 2024 PREPARED BY: John D. Criste, AICP, Consulting Planner Nick Melloni, AICP, Principal Planner REQUEST: CONSIDERATION TO ADOPT AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT RECOMMENDATION: Adopt Planning Commission Resolution No. 2864 entitled “A RESOLUTION OF THE PALM DESERT PLANNING COMMISSION ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” BACKGROUND/ANALYSIS: The Haystack Channel has been in place for several decades and was constructed to intercept north-flowing tributary flows crossing Haystack Road and to convey them to the Portola Avenue culvert and into a series of golf course drainage system systems farther east. These flows ultimately make their way to the Whitewater River approximately 1,400 feet west of Washington Street. The Project segment extends from State Highway 74 on the west to Portola Avenue on the east. The sub-segment planned for improvements extends from just west of Alamo Drive eastward to the Portola Avenue culvert. The subject facility provides an outlet for a drainage area defined by Highway 74 and extending as far south as Indian Hills Way, Andreas Canyon Drive, Carriage Trail, and lrontree Drive and as far east as Portola Road. Today’s Haystack Channel is a combination of improved and unimproved channel reaches that begins at Highway 74 and flows east to Portola Avenue and beyond. Three distinct reaches define the channel, including : 1. Highway 74 to Alamo Drive: This reach of channel is characterized by a shallow swale located within a turfed green belt. Two small diameter culverts cross under Alamo Drive at the low end of the reach. No changes to this segment of the channel are proposed. 2. Alamo Drive to Heliotrope Drive: Being the middle reach of the project area, this segment of channel is improved with inlets and other facilities. This segment is grass-lined with numerous mature trees along the upper channel slopes. Storm drain inlets are located on 9 City of Palm Desert – Planning Commission Haystack Channel Improvement Project IS/MND Page 2 of 6 both sides of this channel reach and vary in size and geometry. Existing facilities also include a minimally functional subsurface nuisance water drain composed of 24-inch grated inlets, sporadic clean outs, and a sub-grade 8-inch diameter perforated pipeline that runs the length of this channel reach. Four 48-inch diameter culverts cross under Heliotrope Drive at the downstream end of the reach. 3. Heliotrope Drive to Portola Avenue: The final Project reach of the Haystack Channel is generally unimproved with native soil bottom and side slopes. There is historic evidence of channel and bank erosion. There is also evidence of decreased capacity in this reach. Two existing (visible) storm drain inlets are located along the south side of this reach. Each inlet includes minimal improvements. The downstream end of this reach of the channel is Portola Avenue. Surface and subsurface improvements at Portola Avenue indicate this roadway floods during larger return frequency storms. The low-level crossing here is a multiple cell reinforced concrete box culvert that is currently operating at greatly diminished capacity due to sedimentation. Runoff tributary to the Haystack Channel is generated primarily in residential areas located south of Haystack Road. Minimal runoff is introduced to the channel from Calliandra Street via inlets located on Alamo Drive north of the channel. Review of aerial photography and field reconnaissance indicate four potential drainage areas in a larger tributary area south of Haystack Road. These drainage areas are tributary to the Haystack Channel at Alamo Road, Chia Road, downstream of the intersection of Silver Spur Trail and Sun Coral Trail, and Portola Avenue. According to the project engineer’s technical memorandum, there are eight (8) storm drains that discharge into the subject channel, ranging from 18 -inch reinforced concrete pipe (RCP) to a 2- foot by 6-foot reinforced concrete box (RCB). CEQA-Plus and Satisfying NEPA The Project involves or may involve permitting by the US Army Corps of Engineers (“USACE”) pursuant to Section 404 of the Clean Water Act (“CWA”). The project may therefore be subject to federal environmental review requirements. All applicants seeking federal CWA permits must comply with CEQA and provide sufficient information pursuant to the National Environmental Policy Act (“NEPA”) so that the USACE can document compliance wit h federal environmental laws. If subject to the federal CWA, the USACE will determine federal compliance based upon this “CEQA-Plus” environmental assessment. This Initial Study/Mitigated Negative Declaration (“IS/MND”) has been prepared to address the CEQA-Plus requirements to satisfy NEPA and USACE NEPA Guidelines. These requirements include documentation of compliance with applicable federal regulations, including the Endangered Species Act, the National Historic Preservation Act, the federal Clean Air Act, Environmental Justice, Farmland Protection Policy Act, Flood Plain Management, Migratory Bird Treaty Act, Protection of Wetlands/Clean Water Act (Sec 404), and Safe Drinking Water Action, Sole Source Aquifer Protection. No project alternatives have been evaluated. The proposed project is the reconstruction of an existing flood control channel, which currently serves an extended residential neighborhood. 10 City of Palm Desert – Planning Commission Haystack Channel Improvement Project IS/MND Page 3 of 6 CEQA IS/MND Comments During the 30-day public comment period, the City received three comment letters that were reviewed and evaluated within the context of the subject CEQA analysis. Comments were received from the Riverside County Flood Control District, the Agua Caliente Band of Cahuilla Indians and the California Department of Fish and Wildlife (C DFW). Review and recommendations associated with these comments are set forth below. Letters from each commenting agency are included in the staff report packet. Riverside County Flood Control Comments from Riverside County Flood Control District, County Flood Control state the proposed project will not have an adverse effect on any of their facilities and that they have no further comment. Agua Caliente Band of Cahuilla Indians (ACBCI) Over the course of reviewing and processing the project, the Agua Caliente Band of Cahuilla Indians (ACBCI) were contacted. Pursuant to CEQA, the ACBCI were provided a copy of the draft Initial Study/Mitigated Negative Declaration for comment. The Tribe was also provided a copy of the cultural/historical resources report prepared for this project. The Tribe’s letter states: “The Mitigated Negative Declaration document included standard mitigation measures to address impacts to cultural resources. We found these measures to be sufficient.” (see attached ACBCI Ltr. 9.25.23), the Native American consultation was carried out in accordance with AB52 and was concluded with receipt of the Tribe’s letter. California Department of Fish and Wildlife (CDFW) The CDFW provided a comment letter dated October 23, 2023 on the Draft IS/M ND. Comments reflected a limited assessment by CDFW of the conditions at the site and vicinity and several “standard” recommendations were provided. CDFW comments included 1) extending the nesting bird survey period to any time of year instead of the standard February 1 through August 31st; 2) that nesting bird surveys be conducted within three days (rather than 7 to 10 days) of site disturbance; 3) that a burrowing owl avoidance survey be conducted no less than 60 days before start of work; 4) that spring and winter bat surveys are conducted pursuant to a highly prescriptive CDFW methodology; 5) that an application be filed with CDFW and approval secured for a Section 1602 streambed alteration agreement. Mitigation measures set forth in the draft IS/MND and relevant to CDFW comments have been reviewed and have been revised and expanded to address issues raised in the CDFW’s letter. The nesting bird survey season has not been revised but the 3 days prior recommendation has been added. A mitigation measure to conduct a burrowing owl avoidance survey has been added, and a measure has been added to have a bat survey conducted in either the spring or fall, depending on when project construction commences. The following are the revised mitigation measures drafted to protect biological resources: BIO-1 Migratory Bird Treaty Act (MBTA) If ground disturbance or tree or plant removal is proposed between February 1st and August 31st, a qualified avian biologist shall conduct a nesting bird survey within three 11 City of Palm Desert – Planning Commission Haystack Channel Improvement Project IS/MND Page 4 of 6 (3) days of initiation of grading onsite, focusing on MBTA covered species, including burrowing owl. Surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologists will mak e every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are reported, then species-specific measures shall be prepared. At a minimum, grading in the vicinity of a nest shall be postponed until the youn g birds have fledged. For construction that occurs between September 1st and January 31st, no pre - construction nesting bird survey is required. In the event active nests are found, exclusionary fencing shall be placed around the nests until such time as ne stlings have fledged. Avoidance buffers shall be 100 to 300 feet from the nests of unlisted songbirds, and 500 feet from the nests of birds-of-prey and listed species. If nests are detected, a smaller or larger buffer may be determined by the qualified avian biologist. BIO-2 Burrowing Owl Habitat Assessment No less than 60 days prior to the start of Project-related activities, a burrowing owl habitat assessment shall again be conducted by a qualified avian biologist and in conformance with Appendix C of the CDFW 2012 “Staff Report on Burrowing Owl Mitigation”. If the assessment identifies suitable burrowing owl habitat, then focused burrowing owl surveys shall be conducted by a qualified avian biologist in conformance with CDFW protocol. If burrowing owls are detected during focused owl surveys a burrowing owl management plan shall be prepared and submitted to CDFW for approval prior to implementation and commencement of Project activities. BIO-3 Bats While not previously detected, the potential exists for Project area vegetation, including desert fan palms located in the eastern portion of the project, to provide habitat for the western yellow bat. Therefore, if Project commencement occurs either between April and June or between November and January, a bat survey shall be conducted by a qualified bat biologist during favorable weather conditions, and during an appropriate time of day (before sunrise or at dusk). If occupied sites are identified in the work area (or within 500 feet if a maternity roost), an appropriate buffer shall be established, including a minimum of a 500-foot buffer around identified maternity roosting sites. If bat presence is established, Project construction shall not occur between 30 minutes before sunset or 30 minutes after sunrise. BIO-4 Post-Construction Landscaping For that portion of the Project extending east from Heliotrope Drive to Portola Drive, if the reintroduction of landscaping is planned, it should be comprised of appropriate native and/or non-native, non-invasive drought tolerant vegetation. The Project landscape plans shall conform with the recommended and prohibited plant list found in the Coachella Valley MSHCP. Monitoring and Reporting: 12 City of Palm Desert – Planning Commission Haystack Channel Improvement Project IS/MND Page 5 of 6 BIO-A If a nesting bird survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of nesting birds and any prescribed exclusionary fencing and monitoring. The report shall be attached to the grading permit for the Project. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-B If a burrowing owl habitat assessment survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of burrowing owl and shall prepare and implement focused burrowing owl surveys. If burrowing owl are detected and occupied burrows identified, avoidance, minimization and mitigation shall be implemented in consultation with CDFW. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-C If a bat survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of bats and shall establish appropriate buffers. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance Next Steps No comments were received that would necessitat e recirculation of the environmental analysis or the preparation of an Environmental Impact Report. Recommended Mitigation Measures have been incorporated into the Initial Study that will reduce any potentially significant impacts to less than significant levels. The Initial Study and associated Mitigated Negative Declaration meet the requirements of CEQA and the State CEQA Guidelines. A Notice of Determination should be prepared. Once the CEQA IS/MND has been adopted, the City will file an application with the CDFW for a Section 1602 Streambed Alteration Agreement. Additional terms and conditions associated with this agreement may also affect project implementation. Public Input: Public Notification Public noticing was conducted for the May 7, 2024, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published on Friday, April 26, 2024, in The Desert Sun newspaper. Notices were mailed to all property owners within 1,000 feet of the Project site. No comments by the public were received as of April 30, 2024. Environment Review: The environmental review is summarized in the attached Draft Resolution. ATTACHMENTS: 1. Draft Resolution 2864 13 City of Palm Desert – Planning Commission Haystack Channel Improvement Project IS/MND Page 6 of 6 2. Public Hearing Notice 3. IS/MND Notice of Intent 4. Comment Letters 14 PLANNING COMMISSION RESOLUTION NO. 2864 A RESOLUTION OF THE PALM DESERT PLANNING COMMISSION ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Palm Desert (“City”) proposes to construct improvements to the existing Haystack Channel located generally between Alamo Drive and Portola Drive to re-establish original channel capacity, improve runoff capture and percolation, and to limit the potential for future channel degradation on facilities (Project) located north of Haystack Road in the City of Palm Desert, Riverside County, California, and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City prepared an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an Environmental Impact Report (EIR) was required; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration (MND), SCH No. 2023090542 was prepared for the project which identified Mitigation measures that avoid or mitigate the potentially significant impacts to a point where no significant impacts were identified and a Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Project attached as “EXHIBIT A” to this resolution; and WHEREAS, in accordance with State CEQA Guidelines section 15072, a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) was prepared and filed with the County Clerk of the County of Riverside on September 25, 2023, and the City provided and publicly posted the NOI in the manner required by CEQA on September 25, 2023; and WHEREAS, the NOI commenced a 30-day public review and comment period on the Initial Study, as required by CEQA; and WHEREAS, during the public comment period, copies of the Initial Study and technical appendices were available for review and inspection at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, CA 92260 and online; and WHEREAS, during the public comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15073; and 15 PLANNING COMMISSION RESOLUTION NO. 2864 2 WHEREAS, all adverse impacts were fully analyzed in the Initial Study; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of the CEQA have been satisfied by the City in connection with the preparation of the Initial Study, which is fully detailed so that all of the potentially significant environmental effects of the Project have been fully evaluated; and WHEREAS, the Initial Study prepared in connection with the Project fully analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project’s potential environmental impacts; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by reference, not based solely on the information provided in this Resolution; and WHEREAS, on May 7th, 2024, the Planning Commission conducted a duly noticed public meeting on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Initial Study, and all oral and written evidence presented to it during all meetings; and WHEREAS, the Initial Study reflects the independent judgment of the City and is fully adequate for purposes of making decisions on the merits of the Project and WHEREAS, no comments submitted during the public review period, or made during the public hearing conducted by the Planning Commission, and no additional information submitted to the City require substantial revisions to the MND necessitating recirculation or additional environmental review of the Project under State CEQA Guidelines section 15073.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Project Description. The Haystack Channel has been in place for several decades and was constructed to intercept north-flowing tributary flows crossing Haystack Road and to convey them to the Portola Avenue culvert and into a series of golf course drainage 16 PLANNING COMMISSION RESOLUTION NO. 2864 3 system systems farther east. The Project proposes approximately one mile of improvements to rehabilitate the portion of the channel extending from Alamo Drive eastward to the Portola Avenue culvert. These improvements are intended to capture and convey nuisance water to drains located between Alamo Drive and Heliotrope Drive, to optimize the hydraulic capacity of the culverts crossing under Alamo Drive, Heliotrope Drive, and Portola Avenue, as well to remediate diminished channel capacity and protect storm drain outlets east of Heliotrope Drive. SECTION 3. Findings. The Planning Commission makes the following findings: a. The proposed Project is consistent and in conformity with the City General Plan, and plans and policies specifically relating to the development of flood control facilities. b. The subject property is suitable for the planned uses, in terms of access, size of parcel, relationship to similar or complementary uses, and other relevant considerations, including the surrounding land uses and public streets, and applicable policies of the Palm Desert General Plan, as amended. c. The proposed Project is necessary and proper and is not likely to be detrimental to adjacent property or residents. SECTION 4. Adoption of Initial Study/Mitigated Negative Declaration. The Planning Commission hereby Adopts the Initial Study/Mitigated Negative Declaration, attached hereto as Exhibit B, subject to the mitigation measures set forth in the Initial Study/Mitigated Negative Declaration, Project staff report. SECTION 5. Adoption of Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081.6, the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as “EXHIBIT A”. Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. In the event of any inconsistencies between the Mitigation Monitoring and Reporting Program and State, federal, and local laws, the State, federal, and local laws shall control. SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. SECTION 7. Notice of Determination. City staff shall cause a Notice of Determination to be filed and posted with the County of Riverside Registrar-Recorder/County Clerk and the 17 PLANNING COMMISSION RESOLUTION NO. 2864 4 State Clearinghouse within five (5) working days of the Planning Commission’s final Project approval. ADOPTED ON May 7, 2024. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2864 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on May 7, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on May ___, 2024. RICHARD D. CANNONE, AICP SECRETARY 18 PLANNING COMMISSION RESOLUTION NO. 2864 5 EXHIBIT A ENVIRONMENTAL INITIAL STUDY Haystack Stormwater Channel Rehabilitation Project CEQA Mitigation Monitoring and Reporting Program Biological Resources BIO-1 Migratory Bird Treaty Act (MBTA) If ground disturbance or tree or plant removal is proposed between February 1st and August 31st, a qualified avian biologist shall conduct a nesting bird survey within three (3) days of initiation of grading onsite, focusing on MBTA covered species, including burrowing owl. Surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologists will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are reported, then species-specific measures shall be prepared. At a minimum, grading in the vicinity of a nest shall be postponed until the young birds have fledged. For construction that occurs between September 1st and January 31st, no pre-construction nesting bird survey is required. In the event active nests are found, exclusionary fencing shall be placed around the nests until such time as nestlings have fledged. Avoidance buffers shall be 100 to 300 feet from the nests of unlisted songbirds, and 500 feet from the nests of birds-of-prey and listed species. If nests are detected, a smaller or larger buffer may be determined by the qualified avian biologist. BIO-2 Burrowing Owl Habitat Assessment No less than 60 days prior to the start of Project-related activities, a burrowing owl habitat assessment shall again be conducted by a qualified avian biologist and in conformance with Appendix C of the CDFW 2012 “Staff Report on Burrowing Owl Mitigation”. If the assessment identifies suitable burrowing owl habitat, then focused burrowing owl surveys shall be conducted by a qualified avian biologist in conformance with CDFW protocol. If burrowing owls are detected during focused owl surveys a burrowing owl management plan shall be prepared and submitted to CDFW for approval prior to implementation and commencement of Project activities. BIO-3 Bats While not previously detected, the potential exists for Project area vegetation, including desert fan palms located in the eastern portion of the project, to provide habitat for the western yellow bat. Therefore, if Project commencement occurs either between April and June or between November and January, a bat survey shall be conducted by a qualified bat biologist during favorable weather conditions, and during an appropriate time of day (before sunrise or at dusk). If occupied sites are 19 PLANNING COMMISSION RESOLUTION NO. 2864 6 identified in the work area (or within 500 feet if a maternity roost), an appropriate buffer shall be established, including a minimum of a 500-foot buffer around identified maternity roosting sites. If bat presence is established, Project construction shall not occur between 30 minutes before sunset or 30 minutes after sunrise. BIO-4 Post-Construction Landscaping For that portion of the Project extending east from Heliotrope Drive to Portola Drive, if the reintroduction of landscaping is planned, it should be comprised of appropriate native and/or non-native, non-invasive drought tolerant vegetation. The Project landscape plans shall conform with the recommended and prohibited plant list found in the Coachella Valley MSHCP. Monitoring and Reporting: BIO-A If a nesting bird survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of nesting birds and any prescribed exclusionary fencing and monitoring. The report shall be attached to the grading permit for the Project. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-B If a burrowing owl habitat assessment survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of burrowing owl and shall prepare and implement focused burrowing owl surveys. If burrowing owl are detected and occupied burrows identified, avoidance, minimization and mitigation shall be implemented in consultation with CDFW. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-C If a bat survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of bats and shall establish appropriate buffers. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance 20 PLANNING COMMISSION RESOLUTION NO. 2864 7 Cultural Resources CUL-1 If buried cultural materials are discovered during grubbing, grading, trenching, excavation, or any other earth-moving activities on the Project site, all work in the area must be halted until a qualified archaeologist can evaluate the nature and significance of the finds. Monitoring and Reporting: CUL-A A report of findings shall be filed with the City, including an itemized inventory of the identified cultural materials, and upon completion of the field and laboratory work, an analysis of any recovered artifacts. Responsible Parties: Project applicant, Project archaeologist, Public Works Department, Development Services Department, City Engineer. Schedule: Within 30 days of the completion of ground disturbing activities on the Project site. Hydrology and Water Quality Resources HYD-1 Project Plan Review Prior to finalizing the hydraulic design and engineering plans for Haystack Channel improvements, said plans shall be reviewed and approved by the City Engineer to ensure that these improvements do not interfere with or adversely affect channel capacity or the ability of City to manage and maintain these facilities. HYD-2 National Pollution Discharge Elimination System Requirements (NPDES) The Project shall comply with the requirements of the National Pollution Discharge Elimination System. HYD-3 General Best Management Practices (BMP) The implementation of BMPs during construction activities shall ensure that erosion and siltation from earthmoving and other construction activities is limited. Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. Temporary construction BMPs considered and incorporated into the project, as appropriate, would include:  Soil stabilization (erosion control) techniques such as on-going site watering, soil binders, etc.;  Sediment control methods such as detention basins, silt fences, and dust control;  Temporary de-silting basins may be constructed incrementally along the channel, as needed, to store and clarify water adjoining de-watered areas in the channel, and will be backfilled as side slope lining progresses downstream.  Contractor training programs;  Material transfer practices; 21 PLANNING COMMISSION RESOLUTION NO. 2864 8  Waste management practices such as providing designated storage areas and containers for specific waste for regular collection;  Concrete washout slurry shall be discharged and disposed of in an approved manner;  Channel cleaning/tracking control practices;  Vehicle and equipment cleaning and maintenance practices; and  Fueling practices. HYD-4 Stormwater Pollution Prevention Plan (SWPPP) The construction contractor shall implement a City-approved SWPPP during construction of the Project. The SWPPP shall identify specific best management practices (BMPs) that will be implemented during project construction. BMPs implemented as a part of the project will ensure that the project meets the requirements of the California State Water Resources Control Board NPDES Construction General Permit. Construction-related erosion and sediment controls, including any necessary stabilization practices or structural controls, shall be implemented at and in all potentially affected drainages. General structural practices may include, but are not limited to, silt fences, earth dikes, drainage swales, sediment traps, check dams, reinforced soil retaining systems, temporary or permanent sediment basins and flow diversion. Temporary erosion and sediment control measures shall be installed during or immediately after initial disturbance of the soil, maintained throughout construction (on a daily basis), and reinstalled until replaced by permanent erosion control structures or final grading and other site disturbances are complete. In addition, the following specific actions shall be taken to ensure that impacts are less than significant. a) The construction shall be avoided within the limits of identified waterways as depicted on the Jurisdictional Delineation Report prepared for this IS/MND, except as authorized by federal, state or local permits. b) Protect inlets and outlets of culverts from construction material intrusions using temporary berms to prevent channel incision, erosion, and sedimentation. c) Erosion control measures appropriate for on-the-ground conditions, including percent slope, length of slope, and soil type and erosive factor, shall be implemented. d) Temporary erosion controls such as straw bales and tubes, geotextiles and other appropriate diversion and impounding materials and facilities shall be properly maintained throughout construction (on a daily basis) and reinstalled (such as after backfilling) until replaced with permanent erosion controls or restoration is complete. e) Where jurisdictional waters are adjacent to or within the construction area, the contractor shall install sediment barriers along the edge of the construction right- of-way to contain spoil and sediment within the construction area and limit discharge into jurisdictional areas or waters. 22 PLANNING COMMISSION RESOLUTION NO. 2864 9 f) Ensure that all employees and contractors are properly informed and trained on how to properly install and maintain erosion control BMPs. Contractors shall require all employees and contractors responsible for supervising the installation and maintenance of BMPs and those responsible for the actual installation and maintenance to receive training in proper installation and maintenance techniques. g) Project scheduling will include efficient staging of the construction that minimizes the extent of disturbed and destabilized work area and reduces the amount of soil exposed and the duration of its exposure to wind, rain, and vehicle tracking. h) The use of a schedule or flow chart will be incorporated to lay out the construction plan and will allow proposed improvements to proceed in a manner that keep water quality control measures synchronized with site disturbance, concrete pours and other construction activities. i) The sequencing and time frame for the initiation and completion of tasks, such as site clearing, grading, excavation, concrete and rip rap lining and other construction, shall be planned in advance to ensure minimization of potential impacts. HYD-5 Petroleum BMPs To prevent petroleum products from contaminating soils and water bodies in the channel, the following BMPs shall be implemented: a) Construction equipment and vehicles shall be properly maintained to prevent leakage of petroleum products. b) Vehicle maintenance fluids and petroleum products shall be stored, and/or changed in staging areas established at least 100 feet from delineated streams and other drainages. These products must be discarded at disposal sites in accordance with state and federal laws, rules, and regulations. c) Drip pans and tarps or other containment systems shall be used when changing oil or other vehicle/equipment fluids. d) Areas where discharge material, overburden, fuel, and equipment are stored shall be designed and established at least 100 vegetated (permeable) feet from the edge of delineated streams. e) Any contaminated soils or materials shall be disposed of off-site in proper receptacles at an approved disposal facility. f) All erosion control measures shall be inspected and repaired after each rainfall event that results in overland runoff. The project contractor shall be prepared year-round to deploy and maintain erosion control BMPs associated with the project. g) Existing culverts shall be carefully maintained in place in order to ensure that they function properly. Considerations include: maintenance of inlet and outlet elevations, grade, adequate compacted material cover, and inlet/outlet protection. 23 PLANNING COMMISSION RESOLUTION NO. 2864 10 Monitoring and Reporting: HYD-A Project Plans shall be reviewed and approved by the City Engineer to ensure that these improvements do not interfere with or adversely affect channel capacity or the ability of City to manage and maintain these facilities. Responsible Parties: Project Design Engineer, City Engineer Schedule: Prior to finalizing the hydraulic design and engineering plans. HYD-B The Project shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES). Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-C Implement BMPs during construction activities by approved means to avoid or minimize the inadvertent transport by wind or water. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-D Implement City-approved (SWPPP) with specific best management practices (BMPs) as a part of the project will ensure that the project meets the requirements of the California State Water Resources Control Board NPDES Construction General Permit. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-E To prevent petroleum products from contaminating soils and water bodies in the channel, the HYD-5 BMPs shall be implemented. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. 24 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -1- CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment Project Title: Haystack Stormwater Channel Rehabilitation Project Lead agency name and address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Contact persons and phone number: Nick Melloni Development Services Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 Project location: East of State Highway 74, west of Portola Avenue, immediately north of Haystack Road. APNs: 630-025-050 & 052; 630-190- 051 & 054; 628-290-013 Portion of the SE ¼ of Section 30, portion of S1/2 of Section 29, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian Project sponsor’s name and address: Public Works Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 General Plan Designation: Open Space; Conventional Suburban Neighborhood; Golf Course & Resort Neighborhood Zoning: Open Space Description of Project: The Haystack Channel has been in place for several decades and was constructed to intercept north-flowing tributary flows crossing Haystack Road and to convey them to the Portola Avenue culvert and into a series of golf course drainage system systems farther east. These flows ultimately make their way to the Whitewater River approximately 1,400 feet west of Washington Street. The Project segment extends from State Highway 74 on the west to Portola Avenue on the east. The sub-segment planned for improvements extends from just west of Alamo Drive eastward to the Portola Avenue culvert. The subject facility provides an outlet for a drainage area defined by Highway 74 and extending as far south as Indian Hills Way, Andreas Canyon Drive, Carriage Trail, and lrontree Drive and as far east as Portola Road. Today’s Haystack Channel is a combination of improved and unimproved channel reaches that begins at Highway 74 and flows east to Portola Avenue and beyond. Three distinct reaches define the channel, including. 1. Highway 74 to Alamo Drive: This reach of channel is characterized by a shallow swale located within a turfed green belt. Two small diameter culverts cross under Alamo Drive at the low end of the reach. No changes to this segment of the channel are proposed. 2. Alamo Drive to Heliotrope Drive: Being the middle reach of the project area, this segment of channel is improved with inlets and other facilities. This segment is grass-lined with numerous mature trees along the upper channel slopes. Storm drain inlets are located on both sides of this channel reach and 25 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -2- vary in size and geometry. Existing facilities also include a minimally functional subsurface nuisance water drain composed of 24-inch grated inlets, sporadic clean outs, and a sub-grade 8-inch diameter perforated pipeline that runs the length of this channel reach. Four 48-inch diameter culverts cross under Heliotrope Drive at the downstream end of the reach. 3. Heliotrope Drive to Portola Avenue: The final Project reach of the Haystack Channel is generally unimproved with native soil bottom and side slopes. There is historic evidence of channel and bank erosion. There is also evidence of decreased capacity in this reach. Two existing (visible) storm drain inlets are located along the south side of this reach. Each inlet includes minimal improvements. The downstream end of this reach of the channel is Portola Avenue. Surface and subsurface improvements at Portola Avenue indicate this roadway floods during larger return frequency storms. The low-level crossing here is a multiple cell reinforced concrete box culvert that is currently operating at greatly diminished capacity due to sedimentation. Runoff tributary to the Haystack Channel is generated primarily in residential areas located south of Haystack Road. Minimal runoff is introduced to the channel from Calliandra Street via inlets located on Alamo Drive north of the channel. Review of aerial photography and field reconnaissance indicate four potential drainage areas in a larger tributary area south of Haystack Road. These drainage areas are tributary to the Haystack Channel at Alamo Road, Chia Road, downstream of the intersection of Silver Spur Trail and Sun Coral Trail, and Portola Avenue. According to the project engineer’s technical memorandum, there are eight (8) storm drains that discharge into the subject channel, ranging from 18-inch reinforced concrete pipe (RCP) to a 2-foot by 6-foot reinforced concrete box (RCB). CEQA-Plus and Satisfying NEPA The Project involves or may involve permitting by the US Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act (CWA). The project is therefore subject to federal environmental review requirements. All applicants seeking federal CWA permits must comply with CEQA and provide sufficient information pursuant to the National Environmental Policy Act (NEPA) so that the USACE can document compliance with federal environmental laws. The USACE will determine federal compliance based upon this “CEQA-Plus” environmental assessment. This Mitigated Negative Declaration (MND) has been prepared to address the CEQA-Plus requirements to satisfy NEPA and USACE NEPA Guidelines. These requirements include documentation of compliance with applicable federal regulations, including the Endangered Species Act, the National Historic Preservation Act, the federal Clean Air Act, Environmental Justice, Farmland Protection Policy Act, Flood Plain Management, Migratory Bird Treaty Act, Protection of Wetlands/Clean Water Act (Sec 404), and Safe Drinking Water Action, Sole Source Aquifer Protection. No project alternatives have been evaluated. The proposed project is the reconstruction of an existing flood control channel, which currently serves an extended residential neighborhood. Project Objectives and Scope The Haystack Channel Rehabilitation project considers numerous issues including nonoperational nuisance water drains, hydraulic capacity, impact of flood waters on existing utilities, erosion and sedimentation, and protection of existing storm drain outlets. More specifically, the project is to meet the following objectives. ► Capture and convey nuisance water to drains located between Alamo Drive and Heliotrope Drive. ► Optimize hydraulic capacity of culverts crossing under Alamo Drive, Heliotrope Drive and Portola Ave. ► Relocate existing SCE poles and overhead lines currently located approximately 140 feet east of Heliotrope Drive crossing the channel. ► Remediate sedimentation and diminished channel capacity east of Heliotrope Drive. ► Protect storm drain outlets east of Heliotrope Drive. 26 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -3- Construction Access and Staging The Project proposes multiple points of access during construction, including along Portola Avenue and an existing access road located on the north side of the channel. Access will also be taken from within the channel and occasionally along the south side of the channel. Construction staging is planned on a City-owned parcel (APN 630-200-021) located at the eastern reach of the channel, approximately 225 feet north of the intersection of Haystack Road and Portola Avenue, and immediately south of Marrakesh Drive. Project Description The Project portion of the subject Haystack Channel extends from Alamo Road to Portola Avenue. On the west end of the Project, planned improvements will begin immediately east of Alamo Road with the removal of the existing nuisance water drain system located under the channel invert (channel centerline). This system will be replaced by four (4) underground, 48-inch diameter infiltration pipes and gravel beds with manhole access into each. The Project will also install underground chambers at each of the four storm drain outlets within this reach of the channel. Damaged irrigation will be removed and replaced. Existing trees and shrubs will be avoided to the greatest extent practicable, however, some loss or relocation of in-channel vegetation is expected. Disturbed portions of the grass-lined channel will be restored. East of Heliotrope Drive the culverts passing upstream flows under Heliotrope Drive will discharge into a planned riprap energy dissipater and thence onto the native, soft bottom bed of the channel. The channel side slopes in this reach and extending to Portola Avenue will be regraded and shaped, and will be lined with rip-rap to a height of approximately 8 feet above the channel bed. A sub-grade side slope rip-rap cut-off wall will extend slope protection approximately 8 feet below the channel bed elevation. East of Heliotrope Drive approximately 39 to 68 feet of soft, sandy channel bottom will remain, similar to existing conditions. Existing trees and shrubs will be avoided to the greatest extent practicable, however, some loss or relocation of in-channel vegetation is expected. Phasing Project construction is expected to occur in one phase. Utilities and Service Providers The following agencies and companies serve the Project area: 1. Sewer: Coachella Valley Water District (CVWD) 2. Water: Coachella Valley Water District (CVWD) 3. Electricity: Southern California Edison (SCE) 4. Gas: Southern California Gas Company 5. Telephone/Cable: Frontier Communications/Spectrum 6. Storm Drains: City of Palm Desert Surrounding Land Uses: North: Single-family residential neighborhoods and Marrakesh resort residential community South: Haystack Road with Single-family residential neighborhoods beyond East: Continuation of channel, Living Desert Zoo & Botanical Gardens, Vintage Club residential community West: State Highway 74, church/school complex beyond 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 California Department of Fish & Wildlife US Army Corps of Engineers 27 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -4- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ✓ I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Nick Melloni City of Palm Desert Date 28 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -5- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. 29 30 31 32 33 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -10- 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? ✓ Sources: City of Palm Desert General Plan Update & Draft Environmental Impact Report, 2016 (SCH 2015081020); Palm Desert Municipal Code; Project development plan, ERSC, 2023; Terra Nova site visit and survey, 5.4.23. Setting The Project site is located in south Palm Desert, east of State Highway 74 and immediately north of Haystack Road in the central part of the Coachella Valley. The area is comprised of sloping terrain associated with expansive alluvial fans that emanate from the Santa Rosa Mountains to the south. The existing channel is a linear depression surrounded by lands that are at-grade, including Haystack Road to the south and a residential subdivision and streets to the north. The channel is in a turf and landscaping condition west of Heliotrope Drive and transitions to a dirt, soft-bottom channel east of Heliotrope and so extending to the Portola Drive culvert at the east end of the Project. Roads crossing the channel include decorative rail and fieldstone guard rails. Overhead utilities in the Project area are limited to two power/communications poles located on the east side of Heliotrope and trending north-south. Both sides of the subject channel reaches are vegetated with both decorative trees and shrubs and native and other drought tolerant vegetation east of Heliotrope Drive. A pedestrian walkway extends the length of the Project immediately north of Haystack Road and south of the channel. The eastern portion of the project area also includes an enhanced, naturalized area with native fan palms and walkways. Privacy walls and landscaping separate the subject channel from adjoining residential development to the north. 34 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -11- Discussion of Impacts a) Less Than Significant Impact. The proposed Project will not create any new or increased impacts on local or area-wide scenic resources. The Project will remediate existing channel deficiencies by installing new sub-grade drains and percolation boxes in the channel segment located west of Heliotrope Drive. There will be very limited disturbance to existing channel landscaping in this segment. Disturbance in this segment will involve the replacement of the existing drain system with four underground infiltrator pipes, as well as replacement of damaged irrigation. In addition to access points, disturbance associated with these improvements will primarily occur along the center of the channel, and existing trees and shrubs will be avoided to the greatest extent practicable. Once improvements are installed, conditions in these two-thirds of the channel project will be returned to essentially the same as existing conditions. Along the Project channel segment located east of heliotrope Drive and extending to Portola Drive culverts, the channel will be restored to its original trapezoidal cross section. Side slopes will be lined with boulders (riprap) that will be visible along the side slopes of this channel reach and will extend to Portola Avenue. The riprap will not be grouted (will be dry laid) so vegetation will be able to emerge in at least some locations. This channel reach will have a soft (sandy) bottom where revegetation will occur and will within one or two years resemble the existing vegetation. Just east of Heliotrope Drive, a new energy dissipater comprised of riprap boulders will be constructed, replacing the existing eroded dissipater. Visually, the Project site will appear much the same and make the same very limited impact on area scenic resources. Therefore, Project impacts to scenic vistas would be less than significant. b) Less Than Significant Impact. The Project site is located 1,850± feet east of State Highway 74, which is a designated scenic highway. The Project site is not visible to travelers on Highway 74 and therefore the project will have no effect on Highway 74 viewsheds. Neither will the project impact any historic structures located along this highway. As noted, existing trees will be largely preserved and impacts to existing landscaping west of Heliotrope Drive will be limited and less than significant. Channel vegetation east of Heliotrope Drive will be impacted by reshaping of the channel and the installation of side slope riprap erosion protection. The channel bottom will remain sandy and unlined, and both the channel bottom and ungrouted side slope riprap will naturally revegetate. No rock outcroppings or other natural scenic elements will be impacted. Therefore, Project impacts will be less than significant. c) Less Than Significant Impact. The Project site is in an urban setting. The channel restoration and improvements will not significantly change the visual character of the site or vicinity, restoring the existing channel largely to its original condition with the inclusion of new riprap slope lining on the eastern channel segment. The channel will appear much as it does today when viewed from publicly accessible viewpoints. The Project is consistent with City policies regarding preservation of scenic resources. Therefore, the Project will have less than significant impacts to applicable regulations that address scenic quality. d) No Impact. The Project does not include any new lighting, although on-site construction and staging area lighting may be required during the construction phase. No subsequent permanent lighting is planned. Therefore, the Project will have no impacts associated with increased light and glare. Mitigation Measures: None required Monitoring and Reporting: None required 35 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -12- II. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? ✓ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ✓ c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ✓ d) Result in the loss of forest land or conversion of forest land to non-forest use? ✓ e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? ✓ Sources: City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016; Palm Desert Municipal Code; California Important Farmland Finder, California Department of Conservation, https://maps.conservation.ca.gov.DLRP/CIFF/ (accessed March 2023). Setting Agriculture makes up a significant portion of the economy in the Coachella Valley. Palm Desert is predominantly built out with existing urban uses, and does not contain any land designated or zoned for agricultural uses. There are also no Williamson Act contracted lands or forestland within the City. Neither the General Plan nor the Zoning Ordinance include forestry or forest production designations. 36 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -13- Discussion of Impacts a-e) No Impact. The Project proposes the rehabilitation of the Haystack Channel, which has been in place for several decades. The site is in a developed residential area in Palm Desert. It is not on or in proximity to any farm or forest lands. The California Important Farmland Finder, prepared for the Farmland Mapping and Monitoring Program of the Department of Conservation classifies the Project site and the surrounding area as Urban and Built-Up Land. The nearest designated important farmlands are on a 19.5-acre site in the City of Indian Wells, almost two miles northeast of the subject site. Prime Farmland: The Project site is not located on or near Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The subject property is not located on or near any properties zoned or designated for agricultural use. The proposed Project would have not result in the conversion of any farmland or land designated as farmland to non-agricultural uses. There would be no impact. Williamson Act: The subject property is not considered an agricultural preserve and it is not under a Williamson Act contract. The site is zoned for Open Space, and surrounding sites are zones for urban uses. There will be no conflict with existing zoning for agricultural use, or a Williamson Act contract. No impact would occur. Forest Land: The Project site is located in an urbanized area on the desert floor. It is zoned as for Open Space, and is surrounded by residential developments. The site does not contain forest land, timberland, or timberland zoned for timberland production. The Project would not result in the rezoning or forest land or timberland as defined by the Public Resources Code §12220(g) or by Government code §51104(g). No impact would occur. Mitigation Measures: None required Monitoring and Reporting: None required 37 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -14- III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? ✓ b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard ✓ c) Expose sensitive receptors to substantial pollutant concentrations? ✓ d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people? ✓ Sources: SCAQMD AQMP, 2022; “Final Localized Significance Threshold Methodology,” prepared by the South Coast Air Quality Management District, Revised, July 2008; “2003 Coachella Valley PM10 State Implementation Plan,” August 1, 2003; CalEEMod Version 2020.4.0; Project materials. Setting The Coachella Valley is in the Salton Sea Air Basin (SSAB), which includes part of Riverside County and all of Imperial County. The SSAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). All development within the SSAB is subject to the 2022 SCAQMD Air Quality Management Plan (AQMP), and the Coachella Valley region is subject to the 2003 Coachella Valley PM10 State Implementation Plan (CV PM10 SIP). SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The Project site is within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs, Indio, and Mecca. Criteria air pollutants are contaminants for which state and federal air quality standards (as shown in Table 1) have been established. The SSAB exceeds state and federal standards for fugitive dust (PM10) and ozone (O3), and is in attainment for PM2.5, except the City of Calexico. Ambient air quality in the SSAB, including the Project site, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or vinyl chloride. Table 1 State and National Ambient Air Quality Standards Pollutant Averaging Time California Standards National Standards Concentrations1 Primary Secondary Ozone (O3) 1 Hour 0.09 ppm -- 8 Hour 0.070 ppm 0.070 ppm Particulate Matter (PM10) 24 Hour 50 μg/m3 150 μg/m3 AAM2 20 μg/m3 -- 38 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -15- Fine Particulate Matter (PM2.5) 24 Hour -- 35 μg/m3 AAM 12 μg/m3 12.0 μg/m3 15 μg/m3 Carbon Monoxide 1 Hour 20 ppm 35 ppm -- 8 Hour 9.0 ppm 9 ppm -- Nitrogen Dioxide (NO2) 1 Hour 0.18 ppm 100 ppb -- AAM 0.030 ppm 0.053 ppm Sulfur Dioxide (SO2) 1 Hour 0.25 ppm 75 ppb -- 3 Hour -- -- 0.5 ppm 24 Hour 0.04 ppm 0.14 ppm -- AAM -- 0.030 ppm -- Lead 30 Day Average 1.5 μg/m3 -- -- Calendar Quarter -- 1.5 μg/m3 Rolling 3-Month Average -- 0.15 μg/m3 Visibility Reducing Particles 8 Hour -- No National Standards Sulfates 24 Hour 25 μg/m3 Hydrogen Sulfide 1 Hour 0.03 ppm (42 μg/m3) Vinyl Chloride 24 Hour 0.01 ppm (26 μg/m3) 1 μg/m3 = micrograms per cubic meter of air 2 AAM = Annual Arithmetic Mean Source: California Air Resources Board, Ambient Air Quality Standards (May 2016) https://ww2.arb.ca.gov/sites/default/files/2020-07/aaqs2.pdf (accessed July 2023). Buildout of the proposed Project will result in air quality impacts during construction and operation. The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to project air quality emissions that will be generated by the Project (Appendix A). Discussion of Impacts a) No Impact. The Project site is within the Salton Sea Air Basin (SSAB) and will be subject to SCAQMD’s 2022 AQMP and the 2003 Coachella Valley PM10 SIP. These comprehensive plans establish control strategies and guidance on regional emission reductions for air pollutants. A project is considered to be in conformity with adopted air quality plans if it adheres to the requirements of the SCAQMD Rule Book, AQMP, and adopted and forthcoming control measures, and is consistent with growth forecasts in the applicable plan(s) (or is directly included in the applicable plan). The proposed channel rehabilitation project will maintain the existing use of the channel site and would not induce any population growth. Therefore, it would be consistent with the growth forecasts upon which SCAQMD’s air quality planning is based. The construction of the Project channel improvements would be conducted in accordance with all applicable air quality management plans to ensure impacts to air quality are reduced to the greatest extent possible. Standard dust control measures will be implemented to minimize the emissions of fugitive dust. The proposed Project would be implemented in accordance with all applicable rules and regulations contained in these plans to meet the applicable air quality standards. Overall, construction of the proposed Project would not prevent SCAQMD from implementing actions set forth in the applicable air quality plans. There will be no impacts. 39 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -16- b) Less Than Significant Impact. A project is considered to have significant impacts if there is a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard. As previously stated, the SSAB is currently a non-attainment area for PM10 and ozone. Therefore, if the Project’s construction and/or operational emissions exceed SCAQMD thresholds for PM10 and ozone precursors, which include carbon monoxide (CO), nitrous oxides (NOx), and volatile/reactive organic compounds/gases (VOC or ROG), then impacts would be cumulatively considerable and significant. The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to project air quality emissions that will be generated by the proposed Project (Appendix A). The proposed channel rehabilitation would release criteria air pollutants during construction, from activities including earthwork and hauling. Once the proposed channel rehabilitation is complete, the Project would result in very limited pollutant emissions during operations and potential future maintenance. Construction Emissions Construction associated with the proposed rehabilitation of the Haystack Channel is expected to take approximately 9 months. The Project portion of the channel is approximately 5,060 feet long. Improvements to the between Alamo Drive and Heliotrope Drive will include the removal of the existing nuisance water drain system, and the replacement of this system with four underground 48-inch diameter infiltration pipe and gravel beds, as well as the installation of underground chambers at each of the four storm drain outlets. The Project will also install underground chambers at each of the four storm drain outlet within the eastern reach of the channel. Damaged irrigation will be removed and replaced. In the portion of the channel east of Heliotrope Drive, the side slopes will be regraded and lined with riprap. For analysis purposes, it was assumed that construction would involve a disturbed area of 24.18 acres, including 3,500 square feet of concrete. Demolition during Project construction would involve the removal of four 24- by 24-inch concrete catch basins. Material import and export required during construction was estimated based on consultation with the Project engineers, as provided in Table 2, below. Table 2 Project Construction Material Import/Export Estimates Import Material Type Quantity (cubic yards) Rock (un-grouted riprap) 12,400 CY Drop structure (1/4 ton stone) 200 CY Concrete 89.75 CY 12-inch HDPE pipe 0.4 CY Total Imports: 12,690.15 CY Export Material Type Quantity (cubic yards) Soil 12,357 CY Existing concrete 2.5 CY Infiltrator equalizer system 3.2 CY Total Exports: 12,362.70 CY Based on the above material import and export quantities, it is projected that 1,586 hauling trips of up to 20 miles in length would be required during the grading phase of the Project. Assumptions regarding the equipment used across the demolition, site preparation, grading, and paving phases are based on the equipment types provided in CalEEMod and the equipment used in similar channel projects in the area. The Project’s CalEEMod outputs are provided in Appendix A. Based on these inputs, Table 3 shows the Project’s maximum daily construction-related emissions. 40 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -17- Table 3 Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions1 CO NOx ROG SOx PM10 PM2.5 Daily Maximum 28.77 33.78 3.33 0.07 8.72 5.08 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No 1 PM10 and PM2.5 account for assumed adherence to required dust control measures. Source: CalEEMod Version 2020.4.0 (output tables provided in Appendix A). As shown in the table above, SCAQMD daily thresholds for CO, NOx, ROG, SOx, PM10, or PM2.5 will not be exceeded during any phase of Project construction. Operational Emissions Operational emissions are ongoing emissions that would occur over the life of the Project. Operational emissions associated with the proposed Project would be nominal, and would be limited to negligible emissions resulting from the off gassing of materials and potential minor and temporary maintenance activities. Cumulative Contribution A significant impact could occur if the Project would make a considerable cumulative contribution to federal or state non-attainment pollutants. The Coachella Valley portion of the SSAB is classified as a “non- attainment” area for PM10 and ozone. Cumulative air quality analysis is evaluated on a regional scale (rather than a neighborhood or city scale, for example), given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts. Any development project or activity resulting in emissions of PM10, ozone, or ozone precursors will contribute, to some degree, to regional non-attainment designations of ozone and PM10. The SCAQMD does not currently recommend quantified analyses of construction and/or operational emissions from multiple development projects, nor does it provide methodologies or thresholds of significance to be used to assess the significance of cumulative emissions generated by multiple cumulative projects. However, it is recommended that a project’s potential contribution to cumulative impacts be assessed utilizing the same significance criteria as those for project-specific impacts. Furthermore, SCAQMD states that if an individual development project generates less than significant construction or operational emissions, then the project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment. As shown in Table 3 above, Project-related PM10, PM2.5, CO, NOx, SOx and ROG emissions are projected to be well below the SCAQMD thresholds. Therefore, the proposed Project will result in incremental, but not cumulatively considerable impacts on regional PM10 or ozone levels. Summary As shown above, construction of the Project will result in criteria emissions below the SCAQMD significance thresholds. As previously stated, any operational emissions associated with the Project would be nominal. Neither construction nor operational emissions would violate any air quality standard or contribute substantially to an existing or projected air quality violation. Impacts related to construction and operation will be less than significant and are not cumulatively considerable. 41 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -18- c) Less Than Significant Impact. Localized Significance Thresholds (LSTs) can be used to determine whether a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptors. Sensitive receptor land uses include, but are not limited to, schools, churches, residences, hospitals, day care facilities, and elderly care facilities. The nearest sensitive receptors to the Project are the adjacent houses to the north, on Calliandra Street, as well as those on the south side of Haystack Road. The use of LSTs is voluntary and designed for projects that are less than or equal to 5 acres. The maximum area of disturbance associated with the proposed Project is approximately 24 acres, and construction is expected to occur over the course of nine months. While the total Project area is larger than 5 acres, the maximum area of daily disturbance (for purposes of LST analysis only) is limited to five acres or less per day at any given location. As such, the five-acre look-up table is appropriate under the SCAQMD’s methodology to screen for potential localized air quality impacts.1 The Mass Rate Look-Up tables for LST were used to determine if the Project would have the potential to generate significant adverse localized air quality impacts during construction. The LST for Source Receptors Area (SRA) 30 (Coachella Valley) was used to determine LST emission thresholds. The distance from the emission source and the maximum daily site disturbance also determines emissions thresholds. For analysis purposes, the worst-case scenario of a sensitive receptors being with 25 meters was used and is representative of the distance of the residential properties to the north and south of the Project site. Table 4 shows the results of the LST analysis, based on the construction emissions projected in CalEEMod. Table 4 Localized Significance Thresholds 25 Meters, 5 Acres (pounds per day) CO NOx PM10 PM2.5 Construction Emissions 28.77 33.78 8.72 5.08 LST Threshold 2,292.00 304.00 14.00 8.00 Exceeds Threshold? No No No No Source of Emission Data: CalEEMod version 2020.4.0 (output tables provided in Appendix A). Source of LST Threshold: LST Mass Rate Look-up Table, 25 meters, 5 acres, SCAQMD As shown in the above table, construction emissions associated with the proposed channel rehabilitation project would not exceed the SCAQMD LST threshold for CO, NOx, PM10, or PM2.5. Impacts to sensitive receptors will therefore be less than significant. Health Impacts As discussed above, under significance threshold (b), construction and operation of the proposed Project will result in criteria emissions that are below the SCAQMD significance thresholds, and neither would violate any air quality standard or contribute substantially to an existing or projected air quality violation. It is not scientifically possible to calculate the degree to which exposure to various levels of criteria pollutant emissions will impact an individual’s health. There are several factors that make predicting a Project- specific numerical impact difficult: • Not all individuals will be affected equally due to medical history. Some may have medical pre- dispositions, and diet and exercise levels tend to vary across a population. 1 South Coast Air Quality Management District, “Fact Sheet for Applying CalEEMod to Localized Significance Thresholds.” 42 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -19- • Due to the dispersing nature of pollutants, it is difficult to locate and identify which group of individuals will be impacted, either directly or indirectly. • There are currently no approved methodologies or studies to base assumptions on, such as baseline health levels or emission level-to-health risk ratios. Due to these limitations, the extent to which the Project poses a health risk is uncertain but unavoidable. However, construction of the proposed Project will result in limited and temporary criteria pollutant emissions below the SCAQMD thresholds, as shown in Table 3 and 4, and emissions during operation of the Project would be nominal. Emissions during construction or operation of the Project would not violate any air quality standards or contribute substantially to an existing air quality violation. Therefore, it is anticipated that the impacts and that health effects associated with criteria pollutant emissions will overall be less than significant. d) Less Than Significant Impact. During buildout, the Project has the potential to result in short-term odors associated with excavation and grading, pouring of concrete, and other construction activities. However, any such odors would be short-term and quickly dispersed below detectable levels as distance from the construction site increases. Project buildout is estimated to occur over a 9-month period, and construction odors would be generated across various time periods and locations throughout the site such that odors would not be concentrated in one area for an extended duration. During long-term operation, the proposed drainage channel is not expected to generate any odors. Therefore, impacts from objectionable odors will be less than significant. CEQA-Plus: Supplemental conformity analysis The State and National Ambient Air Quality Standards are shown in Table 1, above. Federal Air Conformity Rule As previously discussed, the two primary pollutants of concern in the Coachella Valley are ozone (O3) and particulate matter (PM10). The Coachella Valley is considered “severe-15 nonattainment” for 8-Hour Ozone, and “serious-nonattainment” for the PM10 National Ambient Air Quality Standard under CAA Section 107. The Federal Air Conformity Rule de minimis thresholds limit construction and operational emissions of criteria pollutants identified in the Federal Clean Air Act to 70 tons per year for PM10 and 25 tons per year for ozone. If the per year threshold were exceeded, the project proponent would be required to identify mitigation measures to reduce impacts to air quality. As shown in Table 5, the annual construction emissions resulting from the Project would not exceed the Federal Conformity Rule de minimis thresholds. Table 5 Annual Construction-Related Emissions Summary (tons per year) Construction Emissions1 CO NOx ROG SOx PM10 PM2.5 Construction year: 2024 2.24 2.79 0.28 0.006 0.39 0.24 Federal Thresholds 100 25 25 100 70 100 Exceeds? No No No No No No 1 PM10 and PM2.5 account for assumed adherence to required dust control measures. Source: CalEEMod Version 2020.4.0 (output tables provided in Appendix A). As previously stated, the Project’s operational emissions would be nominal, and would be limited to negligible emissions resulting from the off gassing of materials and potential minor and temporary maintenance activities. It can therefore be concluded that operational emissions would not exceed the Federal Air Conformity Rule thresholds. 43 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -20- Overall, Section III (Air Quality) of this assessment demonstrates that construction-related and operational criteria pollutant emissions are anticipated to be well below SCAQMD and federal thresholds. In addition, BMPs and other standard measures will further reduce impacts to air quality. Therefore, the Project will not exceed applicable annual Federal Air Conformity Rule de minimis thresholds. Mitigation Measures: None required Monitoring and Reporting: None required 44 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -21- IV. BIOLOGICAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ✓ c) Have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede 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? ✓ Sources: Biological Resources Assessment & Coachella Valley Multiple Species Habitat Conservation Plan Compliance Report, Haystack Channel Improvement Project, WSP USA Environment and Infrastructure, Inc., April 28, 2023; Coachella Valley Multiple Species Habitat Conservation Plan, September 2008, as amended. Setting The Coachella Valley is located within the Sonoran Desert, a subdivision of the Colorado Desert. The Sonoran Desert contains a wide range of biological resources that are highly specialized and endemic to the region. The expansive alluvial fan areas of the valley, in which the Project site is located, are composed of gravelly and sandy soils of the Carsitas and Myoma series typical of alluvial fans, fan aprons, valley fills, and dissected remnants of alluvial fans and in drainageways. 45 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -22- The Project area is part of a west to east trending stormwater channel that extends east from Highway 74 to Portola Avenue and intercepts storm flows originating from the south. The area generally slopes from southwest to northeast and the elevation of the Project site ranges from approximately 317 to 334 feet above mean sea level. The subject portion of the channel extends from just west of Alamo Drive eastward to and inclusive of the reinforced concrete culverts that pass beneath Portola Avenue (see Channel Improvement Plans in Appendix D). Coachella Valley MSHCP The City and Project site are within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), a comprehensive regional plan encompassing approximately 1.1 million acres in the Coachella Valley that addresses the conservation needs of 27 native flora and fauna species and 27 natural vegetation communities. The City of Palm Desert is a CVMSHCP Permittee and subject to its provisions. The Project site is not located within or adjacent to any of the Conservation Areas established by the CVMSHCP. The nearest MSHCP Conservation Area is the Santa Rosa and San Jacinto Mountains CA the nearest portion of which is located approximately one mile to the east and is associated with the foothills of the Santa Rosa Mountains. Project Site Conditions A biological resources assessment was prepared for the Project by Senior Wildlife Biologist, Dale Hameister, who also conducted a streambed jurisdictional delineation for the Project. Field surveys were conducted on March 8, 2023 under fair and sunny conditions (see Appendix B). The Project site is surrounded by development, primarily residential development to the north and south. The eastern edge of the channel is adjacent the Living Desert Zoo and Gardens located on the east side of Portola Avenue. The subject drainage passes beneath Portola Avenue and continues through the Vintage Club residential development to the east. The western section of the Project area contains an engineered swale which is covered in maintained turf grass and lined by landscaping trees. The swale has some concrete structures which collect nuisance waters from irrigation runoff and stormwater. The section of the channel east of Heliotrope Drive is an engineered sandy, natural bottom channel with a mix of native and non-native vegetation. Site Vegetation The western portion of the Project channel segment, generally between Alamo Drive and Heliotrope Drive, is comprised of a vegetated swale fully planted in turf grass with trees and shrubs planted along the channel slopes. In addition to Bermuda and annual bluegrass, existing vegetation includes Kurrajong (Brachychiton populneus), unknown pine (Pinus sp.), African sumac (Searsia lancea), olive (Olea europaea), Lantana (Lantana camara), and Spanish bayonet. Vegetation bordering the project site includes some native desert species not found in the immediate vicinity of the project site, including chuparosa (Justicia californica), fairy duster (Calliandra eriophylla), California barrel cactus (Ferocactus cylindraceus), Mexican palo verde (Parkinsonia aculeata), jojoba (Simmondsia chinensis), California fan palm (Washingtonia filifera), and Indian rice grass (Stipa hymenoides). East of Heliotrope Drive the engineered channel segment currently exists as a sandy bottomed and side slope channel with mostly native vegetation and can be classified as a smoke tree wash dominated by smoke tree (Psorothamnus spinosus). Other native scrubs included burrobrush (Ambrosia salsola), sweetbush (Bebbia juncea), brittlebush (Encelia farinosa), and creosote bush (Larrea tridentata). Non-native species include sow thistle (Sonchus asper), Sahara mustard (Brassica tournefortii), London rocket (Sisymbrium irio), castor bean (Ricinus communis), common plantain (Plantago major), and old han schismus (Schismus barbatus). There is a small area of Fremont cottonwood (Populus fremontii) with an understory of umbrella plant (Cyperus involucratus) east of Portola Avenue, however, this area is outside of the project area. A total of 31 plant species were identified across the Project site during the assessment, including a mixture of native and non-native landscaping and weedy species, (54% were nonnative species). Also see Appendix B of this IS. 46 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -23- Special Status Species Some plant and/or animal taxa are listed as threatened or endangered by the US Fish and Wildlife Service (USFWS) or by the California Department of Fish & Wildlife (CDFW) and are protected by the federal and state Endangered Species Acts (ESAs). Other species have also been identified with special status, and are managed as sensitive by the USFWS, CDFW, or by private conservation organizations, including the California Native Plant Society (CNPS), but have not been formally listed as threatened or endangered. Impacts to such species can still be considered significant under the CEQA, if not avoided, minimized and/or mitigated by specific project design and implementation. The literature review and field visit resulted in a list of 63 special status biological resources which occur or potentially occur on the Project site and/or vicinity (3-mile radius) of the project site. Tables 1-3 of the Project biological assessment provide a summary of these resources, their current conservation status, habitat associations and potential to occur on the Project site. No species listed as state or federal listed as threatened or endangered were observed on the site or vicinity. Burrowing Owl No burrows suitable for burrowing owl use were observed on or adjacent to the project site. Where accessible, adjacent vacant lands were surveyed within 500 feet of the site. No burrowing owls, their sign, or burrows capable of supporting owls were observed in this buffer area. The burrowing owl is not listed as threatened or endangered by the USFWS or CDFW. It is, however, managed as a Bird of Conservation Concern (BCC) by the USFWS and designated as a SSC by the CDFW. It is also protected from take by the MBTA and California Fish and Game Code. The burrowing owl is a covered species under the CVMSHCP; however, the federal permit for the CVMSHCP does not allow take of this species under the MBTA. No burrowing owls, owl sign, or suitable burrows were observed during the survey. Considering the isolation of the project site and the extent of surrounding residential development, burrowing owl are not expected to nest or forage at the project site. Other Sensitive Species Seven sensitive species not covered by the Coachella Valley MSHCP or the USFWS were considered to have at least some potential to occur on the Project site, although the potential was determined to be low to very low. These include Prairie falcon and golden eagle with a “rare” to low probability to forage over the site. Slender cotton heads (Emakalims denudata var. gracilis) were not observed during the survey are expected to have a low probability of growing on this site. None of the plant species are listed as threatened or endangered and are generally not expected to occur on the site considering the past history of disturbance, including grubbing and use of soil binders. The loggerhead shrike (Lanius ludovicianus) is designated as a California Species of Special Concern (SSC) by the CDFW, has a moderate potential to utilize the site. This species is not expected to nest on the site due level of adjacent development. The USFWS IPAC report generated for this project lists six sensitive wildlife species and one plant as having potential to be affected by development of this project. Site surveys also included habitat assessment for the occurrence of bats, including the western yellow bat (Lasiurus xanthinus), pocketed free-tail bat (Nyctinomops femorosaccus), and big free-tailed bat (Nyctinomops macrotis). No viable habitat was identified for the pocketed or big free-tail bats, and they were determined to be absent from the Project area. Viable on-site and nearby habitat for bats identified by the Project biologists is limited to 14± planted California fan palms that are a part of a small pocket park created at the northwest corner of Portola Avenue and Haystack Road. These trees and surrounding ground were surveyed to detect signs of use by bats; neither bats nor bat sign were identified during the site survey.2 3 2 Personal communication, Dale Hameister, Field Biologist/Principal Investigator, WSP. October 24, 2023. 3 Haystack Channel Improvements Project – Biological Resources Assessment & Coachella Valley Multiple Species Habitat Conservation Plan Compliance, prepared by WSP. April 2023. 47 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -24- As discussed in the Project biological assessment, only Coachella Valley milk-vetch could be expected (low probability) to occur on this site. Monarch butterflies require milkweeds for larval development and other flowering plants for adult nectar sources. No milkweed were observed on the site, and flowering plants were mainly limited to a sparse growth along some of the street edges. Monarch butterflies are not expected to utilize this site apart from the occasional transient individual passing through. There is no habitat present for desert tortoise, Coachella Valley fringe-toed lizard, least Bell’s vireo, southwestern willow flycatcher, or Peninsular bighorn sheep on the Project site. Discussion of Impacts a) Less than Significant with Mitigation. A comprehensive resource assessment was conducted on the Project site and adjoining lands. The assessment identified common and sensitive resources occurring or potentially occurring, their current conservation status and habitat associations. No species listed as state or federal listed as threatened or endangered were observed on the site or vicinity, nor are any listed species expected to occur there. Historic aerial photos indicate that the site was cleared of vegetation sometime in 2018. The Project site is a narrow, linear feature surrounded by paved roads on the east, west, and south and by development to the north, south, and west. The local neighborhood street, Haystack Road, bounds the Project site on the south and carries relatively low to moderate traffic volumes. Lands beyond Haystack Road are comprised of single-family neighborhoods. There are no other vacant lands in the Project vicinity that are available for development. As noted in the above Setting discussion, no species listed as state or federal listed as threatened or endangered were observed on the site or vicinity nor are listed species expected to occur there. Of the seven sensitive species evaluated and not covered by the Coachella Valley MSHCP or the USFWS, the Prairie falcon and golden eagle have a “rare” to low probability to forage over the site. Loggerhead shrike (Lanius ludovicianus) was determined to have a moderate potential to utilize the site. Burrowing owl (Athene cunicularia) were determined to not occur on site or on adjoining lands, nor does the Project site provide suitable foraging or nesting habitat, including burrows or surrogate (small mammal) burrows. As noted, the project is adjacent to a built out residential neighborhood and surrounded by paved streets. Nonetheless, it is recommended that if construction is initiated during the nesting season (February 1 through August 31) and pre-construction nesting bird survey should be conducted. Of the sensitive plants, only Coachella Valley milk-vetch could be expected (low probability) to occur on this site. Slender cottonheads (Nemacaulis denudata var. gracilis) were not observed during the survey are expected to have a low probability of growing on this site. Sensitive plant species are generally not expected to occur on the site considering the past history of disturbance, including grubbing and use of soil binders. While the Project has limited potential to harbor or provide habitat for sensitive species, based on the site and resource assessment, the Project has a less than significant potential to impact, either directly or through habitat modifications, species identified as candidate, sensitive, or special status species. This less than significant potential will be further reduced by application of mitigation measure BIO-1, below with regard to adherence to the Migratory Bird Treaty Act (MBTA) and pre-construction nesting bird surveys. b, c) No Impact. The vegetation community on the subject site is identified as turf grass in the western portion of the project and as desert dry wash, including smoke tree in that portion east of Heliotrope Drive. Fremont cottonwoods are located along the drainage east of Portola Drive and beyond the Project. The site survey did not identify any springs, seeps, or natural bodies of water or drainages on the Project site. Review of the National Wetlands Inventory (NWI) indicated that no known blue-line streams (drainages) traverse the subject property. 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 impact would occur. 48 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -25- d) Less than Significant With Mitigation. The Project site and all lands surrounding the Project site are developed. The subject channel begins just east of State Highway 74, a substantial barrier to wildlife movement. East of the Project site the subject drainage continues along and then within the developed portions of the Vintage Club golf course. No wildlife corridors or biological linkages are mapped, known, or expected on the Project site. Although it is used by several common species and may provide marginal habitat for migratory birds, the Project site is not identified as a nursery site. As described above, the site may offer limited nesting sites for birds protected by the Migratory Bird Treaty Act (MBTA). Compliance with the MBTA, provided in Mitigation Measure BIO-1, will ensure impacts to sensitive species are reduced to less than significant levels. e) No Impact. The proposed Project will not conflict with any local ordinances protecting biological species. The Project site does not lie in proximity of a Conservation Area as designated by the Coachella Valley MSHCP. The Project will not conflict with the goals and objectives of the MSHCP or any other local policy or ordinance protecting biological resources. f) No Impact. The subject property is within the boundaries of the CVMSHCP, and the City of Palm Desert is a Permittee to the CVMSHCP. The Project site is not located within or adjacent to any of the Conservation Areas (CA) established by the CVMSHCP. The nearest MSHCP Conservation Area is the Santa Rosa and San Jacinto Mountains CA the nearest portion of which is located approximately one mile to the east and is associated with the foothills of the Santa Rosa Mountains. The Project channel was constructed prior to 1996 and is an improvement project. Therefore, the Project proponent will not be required to pay the MSHCP’s local development mitigation fee. The Project will not conflict with this or any other habitat conservation plan or natural community conservation plan. No impact will occur. CEQA Plus: Supplemental Analysis Federally Listed, Endangered, or Threatened Species As described in a, above, biological resources surveys were conducted on the project site in March of 2023. The biological resource assessment conducted for this Project has determined that no adverse effects will occur to federally listed Endangered or Threatened species, proposed Endangered or Threatened species, or to state- designated listed or sensitive species. Federally Designated Critical Habitat The project site does not contain any federally designated critical habitat and, therefore, the subject project will not result in impacts to critical habitat. Wetlands As described above, the Project site does not contain any wetlands, marshes, vernal pools, or coastal or other riparian habitat. No impacts to wetlands will occur. Magnuson-Stevens Fishery Conservation and Management Act The project site does not contain, and is not located in proximity to, U.S. federal waters where marine fishery management is occurring. No impacts will occur. Mitigation Measures: BIO-1 Migratory Bird Treaty Act If ground disturbance or tree or plant removal is proposed between February 1st and August 31st, a qualified avian biologist shall conduct a nesting bird survey within three (3) days of initiation of grading onsite, focusing on MBTA covered species, including burrowing owl. Surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologists will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are reported, then species-specific measures shall be prepared. At a minimum, grading in the vicinity 49 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -26- of a nest shall be postponed until the young birds have fledged. For construction that occurs between September 1st and January 31st, no pre-construction nesting bird survey is required. In the event active nests are found, exclusionary fencing shall be placed around the nests until such time as nestlings have fledged. Avoidance buffers shall be 100 to 300 feet from the nests of unlisted songbirds, and 500 feet from the nests of birds-of-prey and listed species. If nests are detected, a smaller or larger buffer may be determined by the qualified avian biologist. BIO-2 Burrowing Owl Habitat Assessment No less than 60 days prior to the start of Project-related activities, a burrowing owl habitat assessment shall again be conducted by a qualified avian biologist and in conformance with Appendix C of the CDFW 2012 “Staff Report on Burrowing Owl Mitigation”. If the assessment identifies suitable burrowing owl habitat, then focused burrowing owl surveys shall be conducted by a qualified avian biologist in conformance with CDFW protocol. If burrowing owls are detected during focused owl surveys a burrowing owl management plan shall be prepared and submitted to CDFW for approval prior to implementation and commencement of Project activities. BIO-3 Bats While not previously detected, the potential exists for Project area vegetation, including desert fan palms located in the eastern portion of the project, to provide habitat for the western yellow bat. Therefore, if Project commencement occurs either between April and June or between November and January, a bat survey shall be conducted by a qualified bat biologist during favorable weather conditions. An appropriate time of day (before sunrise or at dusk). If occupied sites are identified in the work area (or within 500 feet if a maternity roost), an appropriate buffer shall be established, including a minimum of a 500-foot buffer around identified maternity roosting sites. If bat presence is established, Project construction shall not occur between 30 minutes before sunset or 30 minutes after sunrise. BIO-4 Post-Construction Landscaping For that portion of the Project extending east from Heliotrope Drive to Portola Drive, if the reintroduction of landscaping is planned, it should be comprised of appropriate native and/or non-native, non-invasive drought tolerant vegetation. The Project landscape plans shall conform with the recommended and prohibited plant list found in the Coachella Valley MSHCP. Monitoring and Reporting: BIO-A If a nesting bird survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of nesting birds and any prescribed exclusionary fencing and monitoring. The report shall be attached to the grading permit for the Project. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-B If a burrowing owl habitat assessment survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of burrowing owl and shall prepare and implement focused burrowing owl surveys. If burrowing owl are detected and occupied burrows identified, avoidance, minimization and mitigation shall be implemented in consultation with CDFW. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance BIO-C If a bat survey is required, the Project biologist shall provide the City with a letter report of findings regarding the occurrence of bats and shall establish appropriate buffers. Responsible Parties: Project Biologist, City Project Manager Schedule: If required, prior to issuance of any permits that result in ground disturbance 50 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -27- V. CULTURAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? ✓ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? ✓ c) Disturb any human remains, including those interred outside of formal cemeteries? ✓ Sources: Identification and Evaluation of Historic Properties, Haystack Channel Rehabilitation Project, CRM TECH, July 16, 2023; City of Palm Desert Draft EIR Technical Background Report, August 27, 2015. Setting The Haystack Channel is in a residential neighborhood in the City of Palm Desert, within the Coachella Valley. The Coachella Valley has historically been a center for Native American settlement. As early as the Paleoindian period (ca. 8,000 to 10,000-12,000 years ago), small, mobile groups of hunters and gatherers are thought to have inhabited the area. Though the Coachella Valley is now an arid region, a series of lakes referred to as Lake Cahuilla covered much of the area throughout the Holocene period. During its presence, the shores of Holocene Lake Cahuilla attracted Native American settlements. By the mid-19th century, U.S. surveyors noted large numbers of villages and rancherias occupied by the Cahuilla people. Anthropologists generally divide the Cahuilla into three groups based on their geographic setting: the Pass Cahuilla of the San Gorgonio Pass-Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rose Mountains and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. Population estimates for the Cahuilla people prior to European contact range from 3,600 to 10,000 people. However, the population was decimated during the 19th century as a result of European diseases such as smallpox. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the reservations in and near the Coachella Valley, including Agua Caliente, Morongo, Cabazon, Torres Martinez, and Augustine. The first noted European explorers to travel through the Coachella Valley were led by José Romero, José Maria Estudillo, and Romualdo Pacheco in 18-23-1825. Few non-Native Americans ventured into the desert valley during the early 1800s, except those who traveled along established routes such as the Cocomaricopa Trail. This trail, which travels a similar course to that of present-day State Route 111, was an ancient Native American trading route, “discovered” by William Bradshaw in 1862 and thereafter known as the Bradshaw Trail. Increasing settlement began in the 1870s with the establishment of Southern Pacific Railroad stations, and spread further with farming following the Homestead Act and the Desert Land Act. The introduction of date palms in the late 1910s and growth of the local tourism industry in the 1920s lead to further growth in the Coachella Valley. Palm Desert was founded in 1945-1946 by three brothers, Randall, Clifford, and Phil Henderson, and was officially incorporated in 1973. 51 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -28- The National Historic Preservation Act The City of Palm Desert is the proponent and lead agency responsible for the proposed channel rehabilitation project. The following analysis of cultural resources will be subject to the definitions of historical and archaeological resources as provided in §15064.5 of the CEQA guidelines. However, because the Project is subject to oversight by the U.S. Army Corps of Engineers (USACE), it must also comply with Section 106 of the National Historic Preservation Act (NHPA). Pursuant to the NHPA, the Project’s impacts to cultural resources would be considered significant if it would have an adverse effect on any “historic properties,” as defined by 36 CFR 800.16(1). The following discussion of impacts is primarily based on the findings of the historical/archaeological resources study conducted for the Project by CRM TECH in July, 2023. Discussion of Impacts a) Less Than Significant Impact. Records Search A records search was conducted for the Project at the Eastern Information Center (EIC) on June 22 and 23, 2023. According to EIC records, the Project’s area of potential effects (APE) had not been surveyed for cultural resources prior to this study, and no cultural resources had been recorded within or adjacent to the APE. While 24 previous studies have been conducted within a one-mile radius of the Project, with findings including seven historic-period sites, none of these resources were found the in immediate vicinity of the APE. None of these previously identified resources have the potential to receive any impact from the Project, and therefore no further considered is required. Historical Background Research Historical background research for the Project included review of published literature in local history, as well as historical maps and aerial/satellite photographs of the Project area. Historic sources identified no evidence of any settlement or development activities within the APE during the historic period. Historic sources indicate that the APE has long been set aside for flood control and that the site has been in use for that purpose since at least the early 1980s. The landscaped channel in the western portion of the APE, as well as the channel crossings at Alamo Drive and Heliotrope Drive, were created in tandem with the adjacent residential development in the 1980s-1900s. As modern infrastructure features of standard design and construction, these features do not warrant further consideration. Field Survey The field survey of the Project’s APE was conducted by CRM TECH staff on May 18, 2023. No potential cultural resources, buildings, structures, objects, sites, features, or artifacts more than 50 years of age were encountered within or adjacent to the APE. A small quantity of concrete debris and other refuse was observed on-site during the survey, however all of the items appear to be modern in origin and do not demonstrate any historical or archaeological value. Summary of Impacts The records search, historical background research, and field survey of the APE identified no “historic properties” pursuant to the National Historic Preservation Act, nor did it identify any “historical resources” as defined by California PRC pursuant to CEQA. The proposed Project therefore would not cause a substantial adverse change in the significance of a “historical resource” pursuant to § 15064.5 of the CEQA guidelines or to a “historic property” as defined by 36 CFR 800.16(1), and impacts would be less than significant. 52 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -29- b) Less Than Significant with Mitigation. Sacred Lands File Search CRM TECH submitted a request to the Native American Heritage Commission (NAHC) for a search in the Sacred Lands File on February 8, 2023. The results of the Sacred Lands File search were negative. CRM TECH also contacted the nearby Agua Caliente Band of Cahuilla Indians, as well as representatives of ten other tribes in the region, for input: Augustine Band of Cahuilla Mission Indians, Cabazon Band of Mission Indians, Cahuilla Band of Indians, Los Coyotes Band of Cahuilla and Cupeño Indians, Morongo Band of Mission Indians, Quechan Tribe of the Fort Yuma Reservation, Ramona Band of Cahuilla Indians, Santa Rosa Band of Cahuilla Indians, Soboba Band of Luiseño Indians, and the Torres-Martinez Desert Cahuilla Indians. The Augustine Band requested notification if any resources are discovered during the Project. The Santa Rosa Band had no comments regarding the Project. The Quechan Tribe, Cahuilla Band, and the Soboba Band deferred to Native American groups closer in proximity to the Project site. The Agua Caliente Band, the nearest Native American group to the Project site, requested copies of all cultural resource documentation generated for the Project. The Agua Caliente were also invited to participate in the field survey of the APE, but were unable to attend. Records Search As previously stated, the Project’s area of potential effects (APE) had not been surveyed for cultural resources prior to this study, and no cultural resources had been recorded within or adjacent to the APE. While previous studies within a one-mile radius of the Project identified nineteen prehistoric archaeological sites and eight isolates, none of these resources were found the in immediate vicinity of the APE. Therefore, none of these previously identified resources have the potential to receive any impact from the Project, and no further considered is required. Field Survey As previously stated, the field survey of the APE did not find any potential cultural resources, including buildings, structures, objects, sites, features or artifacts. Geoarchaeological Analysis A geoarchaeological analysis was conducted to assess the APE’s potential for subsurface cultural deposits from the prehistoric period, and included review of geologic maps, soil surveys, and geotechnical reports for nearby properties. This analysis determined that the vertical APE is relatively low in archaeological sensitivity due to past disturbances, particularly in the landscaped western portion of the Haystack Channel. Likewise, sediments in the unimproved eastern section of the channel have undergone frequent water erosion since at least the early 1980s. Overall, given the disturbance of sediments in the channel, and the lack of known on-site prehistoric resources identified by the records search, the likelihood of encountering prehistorical cultural remains in the APE is low. Summary of Impacts Given that the subsurface sediments in the APE are low in archaeological sensitivity and the records searches indicated no prehistoric resources within the APE, archaeological resources are not expected to occur in the subject site. In the event that buried cultural materials are discovered during earth-moving operations associated with the proposed channel rehabilitation, all work in the immediate area should be halted or divert until a qualitied archaeological can evaluate the find (CUL-1). With implementation of this mitigation measure, it can be concluded that the Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5. 53 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -30- c) Less Than Significant Impact. It is not expected that any human remains would be present on the subject site, including those interred outside of formal cemeteries. However, in the event than any unanticipated remains are encountered during Project construction, California law requires that the coroner is contacted, and that all work must stop in the area of the find. The coroner is responsible for determining whether the remains are modern or of cultural significance, and if the latter, must contact the NAHC, who is responsible for identifying the Most Likely Descendant (MLD). The NAHC will then contact the appropriate local tribe, and coordinate the proper disposition of the remains. These standard legal requirements will ensure that construction activities associated with the proposed channel rehabilitation will have a less than significant impact on any unanticipated human remains in the APE. CEQA-Plus Supplemental Analysis’ If cultural resource sites listed as eligible or potentially eligible for listing in the National Register of Historic Places are located within the proposed Project’s geographic area for review the site must be reviewed for cultural resources. Because the project requires or may require oversight by the U.S. Army Corps of Engineers (USACE), it qualifies as a federal “undertaking” and thus also requires compliance with Section 106 of the National Historic Preservation Act (NHPA). The purpose of the cultural and historic resource study was to provide the City and the USACE with the necessary information and analysis to determine whether the project would have an adverse effect on any “historic properties,” as defined by 36 CFR 800.16(l), or “historical resources,” as defined by California PRC 5020.1(j), that may exist within or adjacent to the APE. Through the various avenues of research, the project cultural resources assessment did not encounter any “historic properties” or “historical resources” within or adjacent to the APE, and the subsurface sediments within the APE appear to be relatively low in archaeological sensitivity. Based on these findings, and pursuant to 36 CFR 800.4(d)(1) and Calif. PRC §21084.1-2, the consulting archaeologist recommends to the City and the USACE a conclusion that no known “historic properties” or “historical resources” will be affected by the proposed project. Mitigation Measures: CUL-1 If buried cultural materials are discovered during grubbing, grading, trenching, excavation, or any other earth-moving activities on the Project site, all work in the area must be halted until a qualified archaeologist can evaluate the nature and significance of the finds. Monitoring and Reporting: CUL-A A report of findings shall be filed with the City, including an itemized inventory of the identified cultural materials, and upon completion of the field and laboratory work, an analysis of any recovered artifacts. Responsible Parties: Project applicant, Project archaeologist, Public Works Department, Development Services Department, City Engineer. Schedule: Within 30 days of the completion of ground disturbing activities on the Project site. 54 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -31- VI. ENERGY Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ✓ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ✓ Sources: City of Palm Desert 2013-2033 Strategic Plan; City of Palm Desert Environmental Sustainability Plan (2010); South Coast Air Quality Management District, Rule Book http://www.aqmd.gov/home/rules-compliance/rules/scaqmd-rule-book (accessed June 2023). Setting Primary energy sources, the energy contained in raw fuels, include fossil fuels (e.g. oil, coal, and natural gas), nuclear energy, and renewable sources such as wind, solar, geothermal, and hydropower. Secondary sources of energy, which is energy that has been converted or stored, include electricity, heat, biofuels, hydrogen, and gasoline. The City of Palm Desert receives electricity from Southern California Edison (SCE) and natural gas from the Southern California Gas Company (SoCalGas). The 2010 Palm Desert Environmental Sustainability Plan provides guidelines to encourage the effective management and conservation of location resources. The City’s 2013-2033 Strategic Plan includes Energy & Sustainability Priorities, such as reductions in per capita energy consumption and greater adoption of energy efficient building materials. Discussion of Impacts a, b) Less than Significant Impact. The Project would consume energy during the construction phase to operate construction equipment and as a result of the manufacture of construction materials. During construction, the Project would use electricity to power construction trailers, power tools, and to light storage and work areas. Electricity is expected to be provided by Southern California Edison (SCE) on a temporary basis. A limited amount of fossil fuels would also be used for on-site construction equipment, including graders, compactors and jackhammers, for material-hauling trucks, as well as for vehicle trips associated with construction worker commutes. Construction activities would be subject to SCAQMD rules and regulations, such as source-specific standards for engineers and limits on the duration of construction idling. Construction of the Project must also adhere to state Low Carbon Fuel Standards for construction equipment and heavy-duty vehicle efficiency standards. Compliance with these standards would reduce fuel consumption, maximize fuel efficiency, and ensure that the Project would not conflict with or obstruct state or local plans for energy efficiency. Overall, energy demand during construction of the Project would be temporary and limited. 55 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -32- Once operational, the Project would not result in any significant demand for energy. Potential periodic maintenance of the rehabilitated channel would generate a demand for energy, however energy use associated with these ongoing activities would be negligible. Overall, given that energy use associated with the Project would mostly end with the completion of the construction to rehabilitate the channel, the consumption would not be wasteful, inefficient, or unnecessary, and impacts would be less than significant. Given that energy demand would be short term and limited, and would comply with state and SCAQMD fuel and equipment regulations it would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Mitigation Measures: None required. Monitoring and Reporting: None required 56 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -33- VII. GEOLOGY AND SOILS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ✓ ii) Strong seismic ground shaking? ✓ iii) Seismic related ground failure, including liquefaction? ✓ iv) Landslides? ✓ b) Result in substantial soil erosion or the loss of topsoil? ✓ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ✓ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? ✓ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ✓ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ✓ Sources: City of Palm Desert General Plan (2016); City of Palm Desert General Plan Update & University Neighborhood Specific Plan EIR (2016); City of Palm Desert Draft Technical Background Report (2015); United States Department of Agriculture (USDA), Web Soil Survey https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx (accessed June 2023); California Department of Conservation EQ Zapp https://maps.conservation.ca.gov/cgs/EQZApp/app/ (accessed June 2023); South Coast AQMD Rule Book http://www.aqmd.gov/home/rules-compliance/rules/scaqmd-rule- book/regulation-iv (accessed June 2023); County of Riverside General Plan Amendment No. 960 Draft EIR No. 521 (February 2015). 57 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -34- Setting Geology and Soils Palm Desert is located in the Coachella Valley, within the Salton Trough, a large geographic depression caused by crustal extension associated with movement along the San Andreas Fault system. The Coachella Valley is boarded by mountains, including the Santa Rosa and San Jacinto Mountains to the south and southwest, and the Little San Bernardino Mountains to the north. The Coachella Valley is a seismically active region, due primarily to the strike- slip motion of the San Andrea Fault System. The area has experienced six seismic events with a Richter magnitude of 5.9 or greater in the past 100 years. The City is mostly underlain by Quaternary deposits including surficial deposits (Qs), landslide deposits (Qls), alluvium (Q), non-marine sandstone, shale, and gravel depsoits (Qpc), Mesozoic mixed rocks consisting of granite, quartz monzonite, granodiorite, and quartz diorite (gr-m), Mesozoic plutonic rocks consisting of granite (grMz); and Paleozoic mixed rocks consisting of sedimentary rocks (m). According to the USDA Web Soil Survey, the Project site is underlain by three soil types: Carsitas gravelly sand (CdC), 0 to 9 percent slopes, Myoma fine sand (MaB), 0 to 5 percent slopes, and Carsitas cobbly sand (ChC), 2 to 9 percent slopes. Paleontological Resources Paleontological resources are the remains and/or traces of plant and animal life such as bones, teeth, shells, and wood that are found in geologic deposits. The Palm Desert General Plan (Chapter 6, Policy 10) requires development to avoid paleontological resources whenever possible. If complete avoidance is not possible, development is required to minimize and fully mitigate impacts to the resource. The Project site is located on the middle slope of a large alluvial fan emanating from canyons of the Santa Rosa Mountains to the south. The source bedrock to the south of the underlying alluvial deposits is identified as sensitive for paleontological resources and their occurrence is not expected on site or in the vicinity. Discussion of Impacts a.i) No Impact. Fault rupture occurs when movement in a deep fault in the earth breaks through to the surface. According to Alquist-Priolo Earthquake Fault Zoning mapping, as provided in Figure 8.1 of the City’s General Plan, Palm Desert is not located in an active fault zone. The Project site is located approximately 9 miles from the nearest fault, the San Andreas Fault. Fault-related surface rupture therefore would not occur on the subject site. There will be no impact. a.ii) Less than Significant. The City, including the Project site, is located in a seismically active region, surrounded by three active faults. The closest fault, the San Andreas Fault, is located approximately 9 miles northeast of the subject site. The San Jacinto Fault is approximately 14 miles southwest of the site, and the Elsinore Fault is approximately 34 miles southwest. Given its location in a seismically active region, the Project site could be subject to strong seismic ground shaking. The primary hazard associated with seismic ground shaking is the risk of collapse of buildings or other structures. The proposed channel improvements will be subject to the California Building Code (CBC). Adherence to applicable structure and seismic requirements will minimize the potential for damage to the channel in the event of strong seismic ground shaking. Once operational, the Project site will not be occupied by any residents or staff, and therefore it would not expose any such individuals to the risk of strong shaking. Overall, provided the Project complies with all applicable seismic and structural design codes, impacts related to seismic ground shaking will be less than significant. a.iii) c) Less than Significant Impact. Seismically induced liquefaction is the loss of soil strength caused by a sudden increase in pore water pressure after an earthquake, particularly as a result of strong ground shaking. Loose sands and gravels have a higher risk of liquefaction. The subject site is primarily underlain by 58 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -35- Carsitas gravelly sand, Myoma fine sand, and Carsitas cobbly sand. According to the City’s General Plan EIR Technical Background Report, the Project site is located in an area with moderate susceptibility to liquefaction. Seismically induced liquefaction and settlement could result in lateral spreading of banks of the Haystack Channel. However, this potential hazard is not expected to cause potential substantial adverse effects, such as the risk of loss, injury, or death. The proposed Project will not include any structures that would be inhabited and will not create a substantial risk to loss, injury, or death. Impacts will therefore be less than significant. a.iv) Less than Significant Impact. According to Figure 8.2 in the City’s General Plan, areas susceptible to landslides are concentrated along the mountainous areas in the southern portion of the City. The subject site is not directly in an area identified as susceptible to landslides, but it is relatively close to at-risk areas – for example, the steep slopes on the west side of State Route 74. However, given that the Project will not result any long-term occupants on the subject site, the proposed channel rehabilitation will not result in substantial adverse effects, including the risk of loss, injury, or death, as a result of landslides. Impacts will be less than significant. b) Less than Significant Impact. The southern portion of Palm Desert, including the subject site, has a high wind erodibility rating according to Figure 8.3 in the General Plan. The Project will result in ground disturbance, including excavation and grading, that would have the potential to increase soil erosion. During construction, standard measures to reduce erosion will be required, including compliance with SCAQMD Rule 403.1 to reduce the generation of fugitive dust during ground disturbing activities. Given that proposed improvements are intended to reduce impacts related to erosion in the subject channel, it is not expected to exacerbate wind erosion or loss of topsoil long term. An objective of the Haystack Channel Rehabilitation project is to improve function of the channel while accounting for issues including erosion and sedimentation. The proposed channel rehabilitation includes slope stabilization and protection measures by design. Such measures include the installation of rip-rap lining side slopes of part of the channel, as well as the relocation and restoration of in-channel vegetation to the greatest extent practicable. Impacts related to soil erosion and loss of topsoil will therefore be less than significant. d) Less than Significant Impact. Expansive soils are those which expand in volume when an increase in moisture content occurs. The City’s General Plan EIR states that expansive clays or soils exhibiting shrink- swell characteristics are not known to underlie Palm Desert. Likewise, according to the USDA Web Soil Survey, the soils underlying the subject site are mainly sand and gravel, which are not prone to expansion. The proposed channel rehabilitation will not be inhabited, will not otherwise include businesses or other occupied structures. It will therefore not create a substantial risk to life or property, and impacts will be less than significant. e) No Impact. The proposed channel rehabilitation project will not include septic tanks or other forms of wastewater disposal. There will be no impact. f) No Impact. According to Figure 4.9.3 in the Riverside County General Plan EIR, the Project area is of low paleontological sensitivity. Given that the Haystack Channel already exists, the site has been disturbed. Paleontological resources are not expected to occur on the subject property, and thus would not be destroyed by the proposed channel rehabilitation. There will be no impact. Mitigation Measures: None required. Monitoring and Reporting: None required. 59 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -36- VIII. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ✓ b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ✓ Sources: CalEEMod Version 2040.4.0; Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, prepared by SCAQMD, October 2008; Riverside County Climate Action Plan Update (2019); City of Palm Desert Environmental Initiatives Plan (2022); City of Palm Desert Environmental Sustainability Plan (2010); California Health and Safety Code. Setting Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. GHGs are emitted during natural and anthropogenic (human-caused) processes. Anthropogenic emissions of these GHGs in excess of natural ambient concentrations are responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. The California Air Resources Board is required to monitor and regulate seven GHGs: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), perfluorocarbons (PFCs), and hydrofluorocarbons (HFCs).4 State laws, such as Assembly Bill 32 (AB 32) and Senate Bill 32 (SB 32), require cities to reduce greenhouse gas emissions to 1990 levels by the year 2020. SB 32 is the extension of AB 32 and requires the state to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. The City of Palm Desert adopted an Environmental Sustainability Plan (2010) that is consistent with the goals of AB 32 and S-3-05, which calls for a statewide GHG emission reduction to 80% below 1990 levels by 2050. The Palm Desert Environmental Initiatives Plan, adopted in August 2022, provides an updated inventory of the City’s current sustainability projects. On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr for stationary source industrial uses where SCAQMD is the lead agency (SCAQMD Resolution No.08- 35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project’s greenhouse gas emissions would be considered significant if it could not comply with at least one of the following “tiered” tests: • Tier 1: Is there an applicable exemption? • Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32? • Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation? The analysis provided below is based on this tiered approach. 4 California Health and Safety Code §38505 (g). 60 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -37- Discussion of Impacts a, b) Less than Significant Impact. Construction Emissions Construction activities will result in short-term GHG emissions associated with operation of construction equipment, employee commutes, material hauling, and other ground disturbing activities. There are currently no construction related GHG emissions thresholds for projects of this nature. Therefore, to determine whether the Project’s construction emissions will result in a cumulatively considerable impact, buildout GHG emissions were amortized over a 30-year period and added to annual operational emissions to be compared with applicable GHG thresholds. The GHG emissions associated with channel rehabilitation activities will be temporary. As shown in Table 6, the estimated GHG emissions from construction of the proposed Project, amortized over 30 years, will be 16.08 metric tons of CO2 equivalent. Operational Emissions GHG emissions associated with the operation of development projects are associated with five source categories. Area emissions (including pavement and architectural coating off-gassing), energy use, water use, solid waste disposal, and mobile source emissions (e.g., vehicle trips). Once operational, the proposed channel rehabilitation project will not result in additional vehicle trips, energy consumption, water consumption, or solid waste production. As shown in Table 6, the Project will result in a negligible amount (0.0001 MTCO2e/year) of GHG emissions, associated with area sources. This is likely due to off gassing from concrete components that will be added to the channel during rehabilitation. While additional emissions may result from potential maintenance on the channel in the future, these emissions would be temporary and insignificant. Table 6 Projected GHG Emissions Summary (metric tons/year) Phase CO2e (MT/YR) Construction - 2024 504.08 Operational Area 0.0001 Energy 0 Mobile 0 Waste 0 Water 0 Construction, 30-year amortized1 16.80 Total (30-year amortized construction + operational)1 16.08 SCAQMD Threshold 3,000.00 1 Buildout construction GHG emissions amortized over 30 years. 504.08/30 = 16.80 Emission Source: CalEEMod Version 2040.4.0 On December 5, 2008, the SCAQMD formally adopted an absolute greenhouse gas significance threshold of 3,000 MTCO2e/yr for residential and commercial projects, as well as a threshold of 10,000 MTCO2e/yr that for industrial uses, where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based 61 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -38- upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach.5 As shown in Table 6, the Project’s combined operational emissions and amortized construction emissions of 16.08 metric tons of CO2e per year would not exceed the adopted threshold of 3,000 metric tons of CO2e per year. Consistency with SCAQMD GHG Thresholds As previously stated, it is recommended by SCAQMD staff that a project’s greenhouse gas emissions should be considered significant if it does not comply with at least one of the following “tiered” tests: • Tier 1: Is there an applicable exemption? • Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32? • Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation? The projected 16.08 MTCO2e of emissions associated with the proposed Project are significantly below the Tier 3 absolute threshold of 10,000 MTCO2e for industrial projects or 3,000 MTCO2e for residential Project. Therefore, based on the SCAQMD “tiered tests”, the Project would not generate significant levels of GHGs, and associated environmental impacts would be less than significant. Consistency with Local GHG Reduction Measures The GHG emissions associated with channel rehabilitation activities will temporary and will not substantially affect climate or interfere with a GHG reduction plan, including both the Riverside County Climate Action Plan and the City of Palm Desert Environmental Initiatives Plan. All components of construction, including equipment, fuels, and materials will be subject to current regulations of GHGs and equipment efficiency standards. Overall, given that the proposed Project would only temporarily generate GHGs during construction, and that the annual emissions associated with the proposed channel rehabilitation activities are projected to be well below the SCAQMD threshold, impacts related to greenhouse gas emissions will be less than significant. Mitigation Measures: None required. Monitoring and Reporting: None required 5 Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, prepared by SCAQMD, October 2008. 62 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -39- IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ✓ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ✓ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ✓ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ✓ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? ✓ f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ✓ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. ✓ Sources: City of Palm Desert General Plan (2016); City of Palm Desert Local Hazard Mitigation Plan (2017); CalFire FRAP and FHSZ map https://calfire- forestry.maps.arcgis.com/apps/mapviewer/index.html?layers=31219c833eb54598ba83d09fa0adb346 (accessed June 2023); State Water Resources Control Board GeoTracker https://geotracker.waterboards.ca.gov (accessed June 2023); Department of Toxic Substances Control EnviroStor https://www.envirostor.dtsc.ca.gov/public/ (accessed June 2023); Setting According to the City’s General Plan Safety Element, there are very few hazardous materials generators in the City. Most of the risk associated with potentially hazardous materials is the result of the transport of such materials through the City, on major corridors such as the I-10. The City is responsible for coordinating with the appropriate agencies in the identification of hazardous material sites and regulation of their timely cleanup. 63 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -40- The Project site is located in a residential neighborhood, with no hazardous materials sites, airports, or wildland in the immediate vicinity. The proposed channel rehabilitation may involve the use of hazardous materials related to the operation and maintenance of construction equipment, the use and on-site storage of which would cease upon completion of the channel rehabilitation. Discussion of Impacts a, b) Less than Significant Impact. Construction of the Project could temporarily involve the use of hazardous materials such as chemicals, oils, fuels, lubricants, paints, and solvents. These substances would primarily be involved in the operation and maintenance of heavy construction machinery involved in channel rehabilitation activities. A staging area for storing materials has been identified, and the handling, storage, and use of these materials would be subject to local, state, and federal laws, including California Occupational Health and Safety Administration (CalOSHA) requirements. Given that the Project is the rehabilitation of the Haystack Channel, it will not involve the routine transport, use, and storage of hazardous materials during long-term operations. The Project would also not be expected to 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. Overall, impacts will be less than significant. c) No Impact. The Project site is not within one-quarter mile of an existing or proposed school. The proposed channel rehabilitation project would thus have no impact associated with emitting or handling hazardous materials in proximity of a school. The closest school is St. Margaret’s located 0.38± miles west of the Project site and on the west side of State Highway 74. d) No Impact. The Project site is not listed as a hazardous materials site according to the California Department of Toxic Substances Control EnviroStor database and the State Water Resources Control Board GeoTracker database. The nearest hazardous material site listed in either database is LUST Cleanup Site at the Marrakesh Country Club approximately 3,800 feet northeast of the subject site, which is listed in the GeoTracker database as completed and case closed. No other hazardous material sites occur within the Project or in the immediate vicinity. Therefore, based on the EnviroStor and GeoTracker databases, the Project is not included on a list of hazardous materials sites compiles pursuant to Government Code Section 65962.5, and it would not create any significant hazards to the public or the environment as a result. No impact will occur. e) No Impact. The Project is not located within an airport land use plan, nor is it within two miles of a public use airport. The Bermuda Dunes (Crown Aero) Airport is located approximately 7.5 miles northeast of the Haystack Channel site, and the Palms Springs International Airport is located approximately 9.5 miles northwest of the subject site. Therefore, the proposed Project would not result in any airport-related safety hazards or excessive noise for people residing or working within the Project area. There would be no impact. f) No Impact. The City’s Local Hazard Mitigation Plan (LHMP) was updated in 2017, and includes priority actions to mitigate hazards, as well as actions to coordinate plans and resources in the event of an emergency. The proposed Project would not impair or interfere with an adopted emergency response or evacuation plan. According to the City’s General Plan, key evacuation routes in the city include Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. While construction activities associated with the Project would involve temporary impacts to Haystack Road or Calliandra Street, neither of these streets are considered key evacuation routes. Furthermore, the construction would be temporary, and a construction access plan will be required by the City to assure the Project does not interfere with emergency access during construction. Overall, impacts will be less than significant. 64 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -41- g) No Impact. The City’s General Plan classifies the fire hazard in the Project area as Urban Unzoned. According to CalFire, the subject site is in a Local Responsibility Area and is more than a mile from the nearest Very High Fire Hazard Severity Zone (VHFHSZ). The Project proposes the rehabilitation of a drainage channel and does not propose the development of any residential buildings or other occupied structures. It therefore would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. There will be no impact. Mitigation Measures: None required. Monitoring and Reporting: None required 65 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -42- X. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ✓ b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ✓ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; ✓ (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; ✓ (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or ✓ (iv) impede or redirect flood flows? ✓ (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ✓ (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ✓ Source: Site field surveys; Project development plan; USGS Quad Maps; Technical Memorandum and Preliminary Hydrology Study for the Haystack Channel Improvements - Project No. 509-22e, ERSC, Inc., January 20, 2023; Project Improvement Plans, ERSC, Inc., February 8, 2023; FEMA Panel 2209 of 3805, Map No. 06065C2209H, April 19, 2017. Setting The Coachella Valley’s geographic and geophysical isolation from marine influences to the west has resulted in a local subtropical climate with very limited rainfall through much of the year. While annual rainfall typically ranges from 4 to 6 inches on the desert floor, no measurable rainfall has been recorded in some years. The surrounding San 66 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -43- Jacinto, Santa Rosa and Little San Bernardino Mountains are generally subject to cooler temperatures and receive more rainfall than the valley floor. Runoff is channeled through large watersheds that drain into the valley below. In the Coachella Valley, most rainfall occurs between November and March, but occasional high-intensity thunderstorms may occur during late summer and early fall. Although the desert floor can be dry at the beginning of a rainstorm, the ground can quickly become saturated when exposed to sufficient amounts and intensities of rainfall, substantially decreasing percolation and increasing runoff. Increased runoff produced upstream can potentially result in significant damage downstream. Urban development, which creates large, impervious surfaces, also increases the amount of runoff produced in the valley. Regional Surface Water Hydrology The project planning area is located at the southwesterly boundary of the Colorado River Hydrologic Region (HR) in the Whitewater River Hydrologic Unit (HU), and falls under the jurisdiction of the Colorado River RWQCB (Region 7).6 Within Whitewater River Hydrologic Unit, the Project site lies in the Whitewater River watershed. Much of the watershed consists of sparsely populated mountains, desert, and agricultural lands. Urbanized areas are principally located on the Coachella Valley floor between Banning and Indio along Interstate 10, and from Palm Springs to Coachella along State Highway 111.7 Benchmark storms and historic data are used by the US Army Corps of Engineers and other flood control agencies to gauge the potential for future flooding. In the Coachella Valley, these include two distinct storm events that occurred in 1939 and 1979. The 1939 storm event occurred on September 24, was centered over Indio and originated off the west coast of Mexico. This storm generated 6.45 inches of rain in a 6-hour period. The 1979 storm event was due to the Tropical Storm Kathleen, which impacted the area from September 9 through 11 and generated 6.81 inches of rain in the low-lying areas of the central valley, and as much as 14 inches in the surrounding mountains. The projected 100-year 24-hour storm event in the planning area is 5.42 inches (NOAA Atlas 14).8 Groundwater Resources California Department of Water Resources (DWR) Bulletin 118 describes the local groundwater basin as being bounded on the north and northeast by the San Bernardino and Little San Bernardino Mountains and on the westerly side by the Santa Rosa and San Jacinto Mountains. Movement of groundwater within the basin is limited and controlled by fault barriers, physical and elevation constrictions in the basin profile, and areas of low permeability. Based on these physical factors, the basin has been subdivided into subbasins and subareas. The boundaries between subbasins are generally based upon faults that are effective barriers to the lateral movement of groundwater. CVWD obtains groundwater from both the Whitewater River and the Mission Creek Subbasins of the Coachella Valley Groundwater Basin. The Whitewater River Subbasin is a common groundwater source which is shared by numerous public and private groundwater producers. None of the groundwater basins in the Coachella Valley are adjudicated, and there are no legal agreements limiting pumping from the Whitewater River and Mission Creek subbasins. CVWD works with local public water agencies and other Coachella Valley stakeholders to implement the water management plans identified above for the Whitewater River, Mission Creek, and Garnet Hill Subbasins. The Coachella Valley Groundwater Basin has been used for urban and agricultural supply since the early 20th century. The basin was first identified by DWR as being in a condition of overdraft in the 1940s. Overdraft is defined as the condition of a groundwater basin in which the outflows (demands) exceed the inflows (supplies) to the groundwater basin over the long term. The overdraft condition has caused Coachella Valley groundwater levels to decline in some areas, and has raised concerns about water quality degradation and land subsidence. 6 Colorado River Hydrologic Region; http://www.water.ca.gov/pubs/groundwater/bulletin_118/california%27s_groundwater__bulletin_118_- _update_2003_/bulletin118_10-cr.pdf; Accessed October 2017. 7 Whitewater River Watershed Municipal Stormwater Program (Stormwater Management Plan 2001 - 2006), prepared by Camp Dresser and McKee, Inc. 8 NOAA’s National Weather Service Hydrometeorological Design Studies Center; accessed 07.08.2016. 67 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -44- In-lieu groundwater replenishment using imported Colorado River water began in 1949 when the first deliveries from the Coachella Canal were received in the eastern portion of the Coachella Valley. To further address the overdraft conditions, CVWD and DWA jointly operate direct groundwater replenishment programs in the basin. Recharge activities using imported water commenced in the western portion of Coachella Valley in 1973, at the Whitewater River Groundwater Replenishment Facility. Additionally, recharge activities in the eastern portion of Coachella Valley were commenced in 1997 at the Dike No. 4 pilot recharge facility and expanded by CVWD in 2009; this facility is now called the Thomas E. Levy Groundwater Replenishment Facility (CVWD 2006). CVWD and DWA also began replenishment of the Mission Creek Subbasin in 2003. The water management plans identify the continued use of these recharge facilities as a critical component of the Coachella Valley’s water supply. As of 2019, CVWD operates a fourth groundwater replenishment facility located in Palm Desert. Once fully built out, the facility will have the capacity to recharge up to 25,000-acre feet annually. Water Quality and Water Quality Standards Water for construction and occasional channel maintenance will come from nearby fire hydrants connected to the CVWD’s local domestic water system from wells extracting groundwater. CVDW complies with state (California Department of Public Health) and federal (U.S. Environmental Protection Agency) drinking water quality standards. Each year, CVWD monitors domestic water wells for regulated and unregulated chemicals that are not detected during regular, ongoing monitoring. The domestic water supply meets current state and federal standards; however, drinking water supplied to some service areas does contain low levels of naturally occurring hexavalent chromium (Cr6), arsenic, radon, and nitrate.9 Impaired Water Bodies There are no identified “impaired waters” in the Project vicinity. The nearest impaired water body is that portion of the Coachella Valley Stormwater Channel south of the Valley Sanitary District outfall and is listed as being impaired for Toxaphene, DDT (Dichlorodiphenyltrichloroethane), Nitrogen, Dieldrin, ammonia (Total Ammonia), PCBs (Polychlorinated biphenyls), Toxicity and Indicator Bacteria under Section 303(d) of the Clean Water Act (CWA). Total Maximum Daily Loads (TMDLs) for these pollutants have been established. Surface Water Quality Objectives/Standards and Beneficial Uses Being located within the Colorado River Basin Region, the Coachella Valley’s surface water quality objectives include meeting or exceeding standards for the appearance or aesthetic quality of surface waters, any tainting substances, toxicity, temperature, pH, dissolved oxygen, suspended and settleable solids, total dissolved solids, bacteria, bio-stimulatory substances, sediment, radioactivity, chemical constituents and pesticide wastes. Project Channel Conditions The subject Haystack Channel has been in place for many years (pre-1985) and was constructed to intercept and convey stormwater runoff originating from the south. The watershed has been divided into seven sub-areas. The drainage area tributary to the Haystack Channel encompasses approximately 1,591 acres and is generally bounded by State Highway 74 to the west and Portola Avenue to the east. Modeling of baseline conditions along the Haystack Channel used the Rational Method for each watershed for the 100-year return frequency. The analysis indicates that at approximately the point of discharge under Portola Avenue indicated flow depths of 2.0 feet to 3.7 feet with associated velocities in the range of 7.5 to 9.5 feet per second. In the baseline condition, Portola Avenue is overtopped and runoff crosses the roadway, but is contained within highpoints located north and south of the culvert. The depth of flow immediately upstream (west) of the roadway is 4.53 feet and across the roadway the flow depth is approximately 1.0-foot. Analysis indicates that the roadway is designed to be overtopped by storm flows during significant storms. The design storm is unknown, however, the multiple cell reinforced box culvert under Portola Avenue is adequate to convey smaller return frequency storms. 9 Coachella Valley Water District (2013-2014 Annual Review); http://www.cvwd.org/ Archive Center/ViewFile/ Item/59; Accessed 8.30.2016. 68 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -45- Upstream of Portola Avenue, the channel has the appearance of an unimproved earthen watercourse. However, the engineering assessment conducted for the subject channel improvement project indicates that at one time the channel was graded to a trapezoidal prismatic cross section. The section appears to have been altered over time through erosion and subsequent maintenance activities. Immediately upstream of Portola Avenue, the section appears to be in transition from a uniform section to the width of the multiple cell reinforced box culvert crossing. This reach of channel is approximately 500 feet long and exhibits flow depths between three and four feet and channel velocities up to 10.0 feet per second. Upstream of this reach, the earthen channel cross section becomes more uniform but continues to show the effects of erosion mainly along the channel banks. There are three storm drain inlets in this channel reach all located on the south bank. Specific details related to these inlets are available in Tables 2 and 3 and Appendix A of the Technical memorandum (Appendix D of this document). Flow velocity in this reach is uniform and ranges between 6.5 and 8.5 feet per second and the depth of flow is uniform and slightly deeper that two feet. Near Heliotrope Drive, the channel profile changes significantly with invert elevations increasing in an upstream direction approximately 7.5 feet due to a scour hole that has developed at the end of the grass lined section downstream (east) of Heliotrope Drive. At Heliotrope Drive, storm flows are conveyed under the roadway via four 48-inch reinforced concrete pipe culverts. At this location, the hydraulic model indicates that storm flows are contained within the channel. The depth of flow and velocity at the Heliotrope culvert outlet are 3.7 feet and 7.8 feet per second. West of Heliotrope Street Upstream of Heliotrope Drive the channel section changes significantly from the unlined and unimproved channel east of Heliotrope to a uniform, prismatic, and grass-lined section. At four locations along this reach of channel storm drains enter the Haystack channel with three outlets on the south bank and one on the north. These inlets are characterized by concrete headwalls, concrete invert (apron), and concrete slope protection. Flow velocity is this reach is uniform and ranges between 6.7 and 7.6 feet per second. Associated flow depths are typically on the order of 2.5 feet. This channel reach terminates at Alamo Road. The crossing at Alamo Road consists of two 30-inch reinforced concrete pipes. The hydraulic model indicates the existing culverts have the capacity to safely convey the anticipated storm flow under the roadway. Upstream of Alamo Road, the study area becomes a greenbelt with a low flow swale rather than a well-defined channel. Depth of flow and velocity are minimal. Discussion of Impacts a) Less Than Significant With Mitigation. For the proposed Project, most of the construction activities will be occurring within the channel and atop the channel service road. Other activities will include the transport of materials into and out of the channel and the management of storm flows in the channel as construction progresses. Construction activities at the site would entail the use of heavy equipment and associated potentially hazardous materials, such as fuels (gasoline and diesel), oils and lubricants, and cleaners (e.g., solvents, corrosives, soaps, detergents), which are commonly used in construction projects. During construction, accidental spills could occur and potentially cause a discharge of hazardous materials to surface or groundwater and violating water quality standards. Preparation of staging areas and construction site prior to construction will require limited clearing and grubbing. All removal will be mechanical, and no use of herbicides is anticipated for this purpose. Excavation in the channel bottom will be required to construct the toe-down/slope lining (sub-grade portions) of the channel side slope lining east of Heliotrope and will involve the dry installation of rip rap a minimum of 8 feet below the channel bottom. Project engineers plan to excavate and install the side slope lining in stages. Each phase of lining will proceed along the channel side slope and a new temporary 69 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -46- adjoining de-silting basin will be excavated if necessary to retain any incidental runoff. In this manner, excavation and temporary de-silting basins may be constructed and backfilled as lining progresses downstream. Several components of the project would include construction with concrete within the channel with limited amounts of elastomeric sealant (conforms to ASTM C 920) used to bond pour segments and provide for expansion. Uncured concrete is extremely alkaline with a pH near 12 and this caustic material is harmful to plants and wildlife. Of particular concern is concrete washout from cleaning ready mixed concrete trucks and hoppers of concrete pump trucks, highly diluted concrete slurry. Concrete washout slurry can alter soil chemistry, inhibit plant growth, can degrade surface and groundwater, and result in violations of water quality standards. Ground-disturbing activities during construction could result in increased soil erosion and input of sediment into water sources. It should be noted that in the existing channel soils are generally very dry and subject to fluvial and wind erosion. Under the proposed Project, grading, excavation and other ground-disturbing activities may contribute to near-term soil erosion. Project activities that could increase soil erosion and deposition into surface waters include: • Demolition and excavation of existing concrete and earthen materials, • Modifications to channel bed and slopes via excavation and grading of earthen material, • Use of heavy equipment for hauling excess cut and debris, and • Stockpiling of excavated materials or soils to be used for backfill. The potential for natural erosion type hazards is high in areas with a combination of the following conditions: 1) moderately steep to steep slopes (greater than 15 percent), 2) loose to unconsolidated soils and sediments, 3) little or no vegetation cover, and 4) uncontrolled surface water runoff. Changes in any of these conditions can increase erosion potential. Additionally, an increase in erosion can increase downstream sediment loads. Soils in the project area would be disturbed during construction as a result of material excavation along the channel bed and banks, and during construction and use of access roads. Erosion may also occur at the Project staging area planned along Portola Avenue immediate north of the channel, where initial grading and subsequent disturbance by construction equipment would destabilize soils, leaving them vulnerable to erosion. Soils stockpiling, hauling or backfill would be especially vulnerable to erosive effects of wind and rain. As soils in the project area are relatively easily erodible, even soils that are stockpiled properly may erode as a result of rain or high winds. Impacts associated with excessive erosion include degraded water quality and excessive sedimentation. Erosion would be limited by application of a variety of methods and materials to stabilize disturbed surfaces, including on-going site watering, which is planned as part of project construction. While project construction has the potential to increase soil erosion and deposition into surface flows, it should be considered that the east channel segment’s normal function is to transport bulked flood flows that convey silt, sand and gravels along the channel. Necessary periodic channel maintenance also destabilizes channel soils and exposes them to wind and water erosion. Therefore, erodible channel soils are an existing and on- going condition in the dry desert climate. Temporary or portable sanitary facilities provided for construction workers could be a source of sanitary waste that could affect the human use environment if not properly managed. The use and maintenance of these facilities, however, is regulated, and any contractor engaged to provide the service will be subject to and must implement these regulations. 70 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -47- Construction BMPs referenced above and required by Mitigation Measures set forth below, will effectively reduce or avoid the discharge of any pollutants of concern that might enter nearby receiving waters by establishing limits of construction and the use of a variety of standard practices, including silt berms and fences, earth dikes, drainage swales, sediment traps, check dams, reinforced soil retaining systems, temporary sediment basins and flow diversion. In accordance with the Colorado River Basin Region NPDES Permit (NPDES No. CAS617002), the channel improvement project is not a Priority Development project. Therefore, no post-construction BMPs are required. With the application of mitigation set forth below the project will not exceed wastewater discharge requirements, and impacts to water quality will be less than significant. To protect the water quality during construction, SWRCB’s existing construction policy (Construction General Permit Order 2009-0009-DWQ) will require the development of a project specific construction SWPPP in compliance with the State's General Construction Permit. Temporary construction BMPs considered and incorporated into the project, as appropriate, would include: • Soil stabilization (erosion control) techniques such as on-going site watering, soil binders, etc.; • Sediment control methods such as detention basins, silt fences, and dust control; • Contractor training programs; • Material transfer practices; • Waste management practices such as providing designated storage areas and containers for specific waste for regular collection; • Concrete washout slurry shall be discharged and disposed of in an approved manner; • Channel cleaning/tracking control practices; • Vehicle and equipment cleaning and maintenance practices; and • Fueling practices. By following the procedures outlined in the mitigation measures set forth below, as well as SWPPP, impacts to water quality associated with construction activities would be less than significant because pollution, contamination or nuisance as defined in Section 13050 of the California Water Code (CWC) or violation of regulatory standards as defined in the applicable NPDES stormwater permit or Water Quality Control Plan for receiving water body would be minimized and less than significant with mitigation. Operational Impacts Channel operation and maintenance impacts that could affect water quality will be very limited and less than significant. City periodic channel inspections and annual channel maintenance will follow well- established protocols. Biological resources are dependent on aquatic resources downstream of the project site since the receiving waters have beneficial recreation uses. A wide range of project design elements, including inert and non-toxic paving materials, and regular maintenance, will ensure that post-construction the Project does not violate any water quality standards or wastewater discharge requirements, and will preclude adverse impacts to aquatic resources in the project area and downstream and therefore have a less than significant impact on water quality. Impacts to the local and regional water quality would be less than significant with application of the mitigation measures set forth below. Utility Relocation Component The Project includes the relocation (or possible elimination) of one or two SCE power poles, one of which currently encroaches into the channel. As with the channel improvement portion of the Project, application of mitigation measures set forth below will ensure that construction activities associated with the utility relocation component of the project will not exceed wastewater discharge requirements and impacts to water quality will be less than significant. 71 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -48- To protect the water quality during construction, SWRCB’s existing construction policy (Construction General Permit Order 2009-0009-DWQ) will require the development of a project specific construction SWPPP in compliance with the State's General Construction Permit. Temporary construction BMPs will be considered and incorporated as appropriate. With the application of Best Management Practices set forth in the project Water Quality Management Plan the proposed project will not violate any water quality standards or waste discharge requirements. Construction at the site will be subject to all applicable water quality standards for waste discharge requirements of the City. A Storm Water Pollution Prevention Plan (SWPPP) maybe required because there is more than one acre of disturbed area. Compliance with existing regulations and requirements will result in a less than significant impact on water quality standards and waste discharge requirements. By adhering to standard programmatic permits and work site management protocol, as well as adherence to the mitigation measures set forth below, the Project’s impacts on water quality will be less than significant. b) No Impact. The construction of the subject channel improvements will require very limited groundwater resources for site watering, hydroconsolidation of soils, dust control and incidental uses. Once completed, the project will require no groundwater use excepting possible use in conjunction with periodic channel maintenance. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. c) (i) Less Than Significant. The Project will involve excavation to remove and replace existing sub-surface drains in that portion of the existing channel located west of Heliotrope Drive. These portions of the channel are currently landscaped with grass, trees and shrubs and are well-irrigated. Excavation and replacement of the sub-grade drainage system in these reaches are not expected to generate silt or eroded soils, nor will this work or post-construction conditions result in substantial erosion or siltation on- or off-site. As discussed above (see X.a), above) a wide range of BMPs to control dust generation and soils erosion and discharge will be mitigated to less than significant levels. Therefore, impacts will be less than significant. c) (ii) No Impact. The proposed Project involves the restoration of an existing stormwater channel, including the replacement of sub-grade drains and the re-shaping and rip rap lining of channel side slopes east of Heliotrope Drive to Portola Avenue. The channel will continue to serve and convey runoff from the same tributary watershed and there will be no net increase in channel flows. Therefore, the Project will not increase the rate or amount of surface runoff in a manner and will not induce flooding on- or off-site. Therefore, there will be no impacts regarding increases in the rate or amount of runoff. c) (iii) Less Than Significant. As noted in section c) (ii), above, the Project is a channel restoration that is designed to address erosion issues on the easternly portion of the subject channel reach and to replace inadequate and failing sub-grade drains in the Project reach west of Heliotrope Drive. The Project will neither create nor contribute new runoff that would exceed the channel’s design capacity. Neither is the Project expected to create additional sources of pollution once construction is completed. During construction, a range of BMPs will be applied to avoid and minimize the potential for Project construction to discharge additional polluted runoff. Therefore, impacts will be less than significant. c) (iv) No Impact. As noted in section c) (ii) and c) (iii), above, the Project is a channel restoration that is designed to return the channel to its original condition while improving stormwater percolation and infiltration, and address and prevent or limit channel erosion in the unlined portion of the channel east of Heliotrope Drive. The Project will not create or contribute new runoff, nor will the Project impede or redirect flood flows. Therefore, the Project will have no impacts on impeded or redirected storm flows. 72 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -49- d) Less than Significant Impact. The proposed Project will restore the Haystack Channel to its original condition and upgrade the facility to restore stormwater capacity and infiltration and to eliminate or greatly reduce erosion in the easterly reach of the Project. The Project will address existing drainage facilities and will not create any new flood hazards, will not occur within or be susceptible to tsunami or seiche zones, nor is there a meaningful risk of release of pollutants due to project inundation. Therefore, Project impacts will be less than significant. e) No Impact. The proposed Project will replace and improve existing sub-grade stormwater storage and infiltration facilities and will address existing erosion issues in the eastern segment of the channel through the installation of ungrouted channel slope protection and maintenance of the sandy channel bottom in this reach. The existing and improved channel serve to enhance runoff infiltration and bioremediation and will not conflict with or obstruct implementation of any water quality control plan or sustainable groundwater management plan. CEQA-Plus: Supplemental Analysis Watershed and Water Quality The project site is located in the Colorado River Basin Region (Region 7) watershed, as designated by the California Regional Water Quality Control Board (CRWQCB). CRWQCB implements and enforces federal and state regulations throughout the region to assure that water quality standards are met. Water quality is also monitored by CVWD through the National Pollutant Discharge Elimination System (NPDES) permit process. These requirements assure that runoff leaving the stormwater channel project site during and after construction, if any, is not polluted and does not contain silt or other materials. The City will secure a CWA 401 permit from the California Regional Water Quality Control Board (CRWQCB) prior to the initiation of the Project, and will require that the project contractor use best management practices (BMP) to assure that project-related water percolating into the ground is not contaminated. The principal domestic (non-agricultural) water sources for the project area and the Coachella Valley are groundwater and imported Colorado River water. Direct precipitation makes a very limited contribution to valley groundwater supplies. All potable water is pumped from groundwater subbasins, and imported supplies are used for agriculture and landscape irrigation, and groundwater recharge. The Whitewater River subbasin underlies the project area and has the largest storage capacity of all Coachella Valley groundwater basins. According to CVWD’s Urban Water Management Plan, the quality of local groundwater and treated and untreated Colorado River water is characterized as “good” and meets state and federal drinking water quality standards. These standards are projected to be met over the long-term and the project will have no adverse effects on local or regional groundwater resources. 100-Year Floodplain As described above, the Project site is located in the Federal Emergency Management Agency (FEMA) Zone X, an area of 1% annual chance flood with average depth less than one foot (FEMA Panel 2209 of 3805, Map No. 06065C2209H, April 19, 2017). No adverse flooding effects are expected to result from the installation of the subject channel improvements. Safe Drinking Water Act/Sole Source Aquifer Protection The Project is not located within the boundaries of a sole source aquifer (SSA). The closest SSA is the Campo/Cottonwood Creek Aquifer SSA, located approximately 46 miles to the southwest. Mitigation Measures: The channel improvement design process has taken into consideration the relationship to and potential impacts on the existing and long-term water quality in the channel. Overall, the project will have a significant beneficial impact on area drainage, provide substantial improvements to infiltration facilities and maintain the existing soft channel 73 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -50- bottom in the east channel segment to support a wide range of vegetation and associated bioremediation. The following measures are set forth to ensure that project impacts are below levels of significance. HYD-1 Project Plan Review Prior to finalizing the hydraulic design and engineering plans for Haystack Channel improvements, said plans shall be reviewed and approved by the City Engineer to ensure that these improvements do not interfere with or adversely affect channel capacity or the ability of City to manage and maintain these facilities. HYD-2 NPDES Requirements The Project shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES). HYD-3 General BMPs The implementation of BMPs during construction activities shall ensure that erosion and siltation from earthmoving and other construction activities is limited. Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. Temporary construction BMPs considered and incorporated into the project, as appropriate, would include: • Soil stabilization (erosion control) techniques such as on-going site watering, soil binders, etc.; • Sediment control methods such as detention basins, silt fences, and dust control; • Temporary de-silting basins may be constructed incrementally along the channel, as needed, to store and clarify water adjoining de-watered areas in the channel, and will be backfilled as side slope lining progresses downstream. • Contractor training programs; • Material transfer practices; • Waste management practices such as providing designated storage areas and containers for specific waste for regular collection; • Concrete washout slurry shall be discharged and disposed of in an approved manner; • Channel cleaning/tracking control practices; • Vehicle and equipment cleaning and maintenance practices; and • Fueling practices. HYD-4 Stormwater Pollution Prevention Plan The construction contractor shall implement a City-approved (SWPPP) during construction of the Project. The SWPPP shall identify specific best management practices (BMPs) that will be implemented during project construction. BMPs implemented as a part of the project will ensure that the project meets the requirements of the California State Water Resources Control Board NPDES Construction General Permit. Construction-related erosion and sediment controls, including any necessary stabilization practices or structural controls, shall be implemented at and in all potentially affected drainages. General structural practices may include, but are not limited to, silt fences, earth dikes, drainage swales, sediment traps, check dams, reinforced soil retaining systems, temporary or permanent sediment basins and flow diversion. Temporary erosion and sediment control measures shall be installed during or immediately after initial disturbance of the soil, maintained throughout construction (on a daily basis), and reinstalled until replaced by permanent erosion control structures or final grading and other site disturbances are complete. In addition, the following specific actions shall be taken to ensure that impacts are less than significant. 74 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -51- a) The construction shall be avoided within the limits of identified waterways as depicted on the Jurisdictional Delineation Report prepared for this IS/MND, except as authorized by federal, state or local permits. b) Protect inlets and outlets of culverts from construction material intrusions using temporary berms to prevent channel incision, erosion, and sedimentation. c) Erosion control measures appropriate for on-the-ground conditions, including percent slope, length of slope, and soil type and erosive factor, shall be implemented. d) Temporary erosion controls such as straw bales and tubes, geotextiles and other appropriate diversion and impounding materials and facilities shall be properly maintained throughout construction (on a daily basis) and reinstalled (such as after backfilling) until replaced with permanent erosion controls or restoration is complete. e) Where jurisdictional waters are adjacent to or within the construction area, the contractor shall install sediment barriers along the edge of the construction right-of-way to contain spoil and sediment within the construction area and limit discharge into jurisdictional areas or waters. f) Ensure that all employees and contractors are properly informed and trained on how to properly install and maintain erosion control BMPs. Contractors shall require all employees and contractors responsible for supervising the installation and maintenance of BMPs and those responsible for the actual installation and maintenance to receive training in proper installation and maintenance techniques. g) Project scheduling will include efficient staging of the construction that minimizes the extent of disturbed and destabilized work area and reduces the amount of soil exposed and the duration of its exposure to wind, rain, and vehicle tracking. h) The use of a schedule or flow chart will be incorporated to lay out the construction plan and will allow proposed improvements to proceed in a manner that keep water quality control measures synchronized with site disturbance, concrete pours and other construction activities. i) The sequencing and time frame for the initiation and completion of tasks, such as site clearing, grading, excavation, concrete and rip rap lining and other construction, shall be planned in advance to ensure minimization of potential impacts. HYD-5 Petroleum BMPs To prevent petroleum products from contaminating soils and water bodies in the channel, the following BMPs shall be implemented: a) Construction equipment and vehicles shall be properly maintained to prevent leakage of petroleum products. b) Vehicle maintenance fluids and petroleum products shall be stored, and/or changed in staging areas established at least 100 feet from delineated streams and other drainages. These products must be discarded at disposal sites in accordance with state and federal laws, rules, and regulations. c) Drip pans and tarps or other containment systems shall be used when changing oil or other vehicle/equipment fluids. d) Areas where discharge material, overburden, fuel, and equipment are stored shall be designed and established at least 100 vegetated (permeable) feet from the edge of delineated streams. e) Any contaminated soils or materials shall be disposed of off-site in proper receptacles at an approved disposal facility. f) All erosion control measures shall be inspected and repaired after each rainfall event that results in overland runoff. The project contractor shall be prepared year-round to deploy and maintain erosion control BMPs associated with the project. g) Existing culverts shall be carefully maintained in place in order to ensure that they function properly. Considerations include: maintenance of inlet and outlet elevations, grade, adequate compacted material cover, and inlet/outlet protection. 75 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -52- Monitoring and Reporting: HYD-A Project Plans shall be reviewed and approved by the City Engineer to ensure that these improvements do not interfere with or adversely affect channel capacity or the ability of City to manage and maintain these facilities. Responsible Parties: Project Design Engineer, City Engineer Schedule: Prior to finalizing the hydraulic design and engineering plans. HYD-B The Project shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES). Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-C Implement BMPs during construction activities by approved means to avoid or minimize the inadvertent transport by wind or water. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-D Implement City-approved (SWPPP) with specific best management practices (BMPs) as a part of the project will ensure that the project meets the requirements of the California State Water Resources Control Board NPDES Construction General Permit. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. HYD-E To prevent petroleum products from contaminating soils and water bodies in the channel, the HYD-5 BMPs shall be implemented. Responsible Parties: City Engineer, Contractor Schedule: Prior to and during construction activities. 76 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -53- XI. LAND USE AND PLANNING Would the project: Potentially Significant Impact Less Than Significant w/ Mitigation Less Than Significant Impact No Impact a) Physically divide an established community? ✓ b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ✓ Sources: City of Palm Desert General Plan (2016); Palm Desert Municipal Code. Setting From Highway 74 to Heliotrope Drive, the Project site is designated as Open Space on the General Plan land use map. A single parcel, immediately to the east of Heliotrope Drive (APN 630-190-051) is designated as Conventional Suburban Neighborhood. The remaining eastern portion of the site, extending to Portola Avenue, is designated as Golf Course & Resort Neighborhood. This designation allows lower-intensity neighborhood development that features golf course activity, or similar recreational orientation, and limited commercial uses. The Project site is zoned as Open Space, which is intended for areas reserved for parks, public or private recreation, protection of natural and developed open spaces, governmental public uses, or areas where a hazard to the public may exist. Discussion of Impacts a) No Impact. The Project proposes the rehabilitation of an existing drainage channel which has been in place for several decades. The channel runs parallel to Haystack Road from Highway 74 in the west to Portola Avenue in the east. The site is lined by existing residential developments on both the north and south sides. A meandering sidewalk runs parallel to the channel on the south side of the site. The Project site, including the sidewalk and the channel area, is used by residents of the adjacent neighborhoods as a public open space for walking and other activities. The proposed improvements to the Haystack channel would not alter its course, nor would they prevent its use as an open space for the community. It would therefore not physically divide an established community. There would be no impacts. b) No Impact. The Haystack Channel has been in place for decades and with the proposed improvements would continue to conform to the land use and zone designated for the site. The facility, which intercepts north-flowing runoff, is also used as an open green space for public recreation, consistent with the intended uses in the Open Space zone. Its use is consistent with General Plan policies for open space and parks, and is consistent with the greenway/trail park type provided in the plan. A portion of the channel from Heliotrope Drive to Portola Avenue is designated for Golf Course & Resort Neighborhood use. While the suggested neighborhood and golf course uses do not occur on the subject site, the channel would provide an open space amenity for residents of the golf course neighborhood to the north of the Project. The General Plan parks and open space guidelines for the Golf Course & Resort Neighborhood designation recommend the inclusion of open spaces throughout the neighborhood, including the preservation of natural terrain and features of the desert. The proposed Project would conserve, to the extent practicable, the native desert plants and terrain currently present on the site. 77 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -54- The proposed Project therefore would not conflict with any land use plan, policy, or regulation, nor would it cause any significant environmental impacts as a result. There would be no impact. CEQA-Plus: Supplemental Analysis Formally Classified Lands The proposed Project will occur within an historically disturbed and developed area. Today, the lands surrounding the project site are developed as single-family residences and local streets. None of the lands in the immediate project vicinity are formally classified lands, such as national parks or landmarks, and none are federally administered. Consultation with Native American tribes in the project vicinity is documented in Appendix C of this Initial Study. No direct, indirect, or cumulative impacts to formally classified lands will occur as a result of the proposed Project. Coastal Management Zone The Coachella Valley, in which the project is located, is an inland low-elevation desert region and is not in a Coastal Management Zone. The project will not result in environmental consequences to a Coastal Management Zone. Mitigation Measures: None required. Monitoring and Reporting: None required. 78 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -55- XII. MINERAL RESOURCES Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ✓ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ✓ Sources: Soils Survey of Riverside County, California, Coachella Valley Area,” U.S. Soil Conservation Survey, September 1980; Mineral Land Classification: Aggregate Materials in the Palm Springs Production-Consumption Region, Special Report 159 (Plate 15),” California Department of Conservation, Division of Mines and Geology, 1988; Palm Desert General Plan (2016); City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. Setting The California Surface Mining and Reclamation Act of 1975 (SMARA) was adopted to ensure both the preservation of mineral resources and the protection of the environment. Pursuant to SMARA, the state Mining and Geology Board designates mineral resource sectors within geographic areas where significant mineral resources of statewide importance and regional significance are located. The City of Palm Desert is in the Palm Springs Production- Consumption Region and in Mineral Resource Zone 3 (MRZ-3), which is defined as “areas containing known or inferred mineral occurrences of undetermined mineral resource significance.” The California Division of Mines and Geology determines the location of mineral resources of statewide or regional significance. Lands in the City of Palm Desert are located in Mineral Resource Zones 1 and 3 (MRZ-1, MRZ-3). The subject Project is located in MRZ-3 and is approximately 0.22 to 1.14 miles from the nearest point of contact with bedrock, and therefore has relatively shallow soils. Mineral resources in the Coachella Valley are largely limited to sand and gravels, and the lack of a fluvial regime and deposition in the area precludes such resources in the project area. Mining of potentially viable sand and gravel resources is also precluded by existing development. Discussion of Impacts a, b) No Impact. The entirety of Palm Desert, including the Project site, is in Mineral Resource Zone 3 (MRZ- 3). According to the General Plan EIR, the significance of any mineral resource in MRZ-3 is considered speculative because no mining has historically occurred in the area. The Project proposes the rehabilitation of an existing drainage channel, and therefore would not result in the loss of availability of any known mineral resources. The Project site is not designated, used, or planned for mineral resource extraction or development. Therefore, the Project would have no impact on mineral resources. Mitigation Measures: None required Monitoring and Reporting: None required 79 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -56- XIII. NOISE Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Generation of substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ✓ b) Generation of excessive groundborne vibration or groundborne noise levels? ✓ c) For a project located within the vicinity of a 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? ✓ Sources: City of Palm Desert General Plan (2016); Palm Desert Municipal Code; CA/T Equipment Noise Emissions and Acoustical Usage Factors Database, FHWA Roadway Construction Noise Model User’s Guide (2006) by U.S. Department of Transportation (accessed June 2023); Caltrans Transportation and Construction Vibration Guidance Manual (September 2013); Federal Transit Administration, Transit Noise and Vibration Impact Assessment (May 2006). Setting The primary source of noise in Palm Desert is traffic noise, including from regional highways, such as California State Route 74 and major roadways such as Portola Avenue and Haystack Road, which adjoins the Project site. Other noise generators in the City include construction activities, commercial delivery activities, and landscape maintenance equipment. Residences, schools, libraries, and senior care facilities are considered noise-sensitive receptors. The Project site is located in a quiet residential neighborhood with limited traffic noise. The Bermuda Dunes (Crown Aero) Airport is within the City’s sphere of influence, approximately 6.25 miles northeast of the Project site. The Palms Springs International Airport is approximately 9.6 miles from the subject site. City Noise Standards The Noise Element in the City’s General Plan provides a Noise Compatibility Matrix which defines the acceptable noise level for different land uses in Palm Desert. The “Normally Acceptable” noise level range for single family residential land uses is 50 to 60 dBA CNEL. Chapter 9.24 of the City’s Municipal Code provides noise control policies and regulations. According to §9.24.030, the ten-minute average sound level limit in all residential zones is 55 dBA from 7 a.m. to 10 p.m., and 45 dBA from 10 p.m. to 7 a.m. These noise level limits do not include temporary noise generated by construction activities. Pursuant to §9.24.070, construction activities must be limited to the following hours: Table 7 City of Palm Desert – Permitted Hours for Construction Activity October 1st to April 30th May 1st to September 30th Monday to Friday 7:00 a.m. to 5:30 p.m. 5:30 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. Sunday and holidays None None Source: City of Palm Desert Municipal Code §9.24.070 80 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -57- Discussion of Impacts a) Less than Significant Impact. Construction Noise: Project construction will require the use of heavy equipment that would temporarily increase noise levels in the vicinity of the site. Construction noise will be generated as a result of excavation and grading, as well as channel slope and bottom lining. These activities may involve equipment such as utility trucks, graders and excavators, water trucks, compactors, front-end loaders, trenchers, and haul trucks. Table 8 provides reference noise levels at 50 feet associated with construction equipment typical of a project of this nature: Table 8 Typical Construction Equipment and Associated Noise Levels Equipment Type Reference Noise Level at 50 feet (dBA Lmax) Flat Bed Truck 74.0 Rubber Tired Dozer 82.0 Tractor/Loader/Backhoe 79.0 Excavator 81.0 Grader 85.0 Auger Drill Rig 85.0 Drum Mixer 80.0 Jackhammer 89.0 Vibrator Plate Compactor 104.0 Source: CA/T Equipment Noise Emissions and Acoustical Usage Factors Database, FHWA Roadway Construction Noise Model User’s Guide (2006) by U.S. Department of Transportation (accessed June 2023). Given the Haystack Channel’s location in a residential neighborhood, construction activities may exceed the City’s noise limit for residential land uses. However, construction-related noise will be temporary, and high noise levels would be intermittent. Moreover, construction activities related to the proposed channel rehabilitation will be subject to the permitted hours pursuant to §9.24.070 of the Municipal Code, and as provided in Table 7, above. Provided the Project adheres to these hours, any construction-related noise temporarily increasing the ambient noise level in the vicinity of the subject site would not be in excess of the standards established in the local general plan or noise ordinance. Impacts would be less than significant. Operational Noise: Once the proposed channel rehabilitation is complete, the Project site would not be expected to generate substantial noise. While occasional noise associated with maintenance activities is anticipated, these activities would be temporary and periodic. Moreover, maintenance of the channel would be exempt from the City’s noise regulations in accordance with §9.24.060 of the Municipal Code, which applies to the operation and maintenance of public works projects. Therefore, operational noise associated with the Haystack Channel would not temporarily or permanently increase ambient noise levels in the vicinity of the Project site in excess of standards established in the local general plan or noise ordinance. There would be no impact. b) Less than Significant Impact. In addition to noise generation, construction activities associated with the Project are expected to result in groundborne vibration. The City does not have established standards for vibration, including vibration generated by construction equipment. According to the Caltrans Transportation and Construction Vibration Guidance Manual, the threshold for building damage resulting from vibration is 0.3 in/sec peak particle velocity (PPV),10 and the threshold for human annoyance is 0.01 in/sec PPV. Table 9 shows the vibration levels associated with typical construction equipment at 25 feet. 10 Vibration damage potential threshold for older residential structures. Fragile and historic buildings may be damaged at lower vibration levels, but do not occur in the Project vicinity. 81 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -58- Table 9 Typical Construction Equipment and Associated Vibration Levels Equipment Type PPV (in/sec) at 25 feet Small Bulldozer 0.003 Jackhammer 0.035 Loaded Trucks 0.076 Large Bulldozer 0.089 Plate Compactor 0.23 Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment (May 2006). As shown in the table above, structures located more than 25 feet from construction operations would not experience groundborne vibration above the Caltrans thresholds. Given that the Haystack Channel is bound by residential streets on the north and south, most construction activities would occur more than 25 feet from any existing structures. While the vibration generated by plate compactors, if used, could exceed the Caltrans threshold for human annoyance, it is expected that most of such construction activity would occur more than 25 feet from occupied buildings. While residents in the immediately vicinity of the Project site may detect groundborne vibration during construction activities, impacts would be temporary and would end once construction is complete. As stated above, construction activities would also be limited by the daytime operations hours provided in §9.24.070 of the City’s Municipal Code. Groundborne vibration will not be generated during long-term Project operation. Impacts would therefore be less than significant. c) No Impact. The Project site is not located within the vicinity of a private airstrip or within two miles of a public airport or public use airport. The nearest airports are the Bermuda Dunes and Palms Springs Airports, located approximately 6.25 and 9.6 miles from the subject site, respectively. The Project would thus not expose people residing or working in the area to excessive noise levels related to airport operations. There would be no impact. Mitigation Measures: None required. Monitoring and Reporting: None required. 82 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -59- XIV. POPULATION AND HOUSING Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ✓ b) Displace substantial numbers of existing people or housing, necessitating the con- struction of replacement housing elsewhere? ✓ Sources: E-5 City/County Population and Housing Estimates, California Department of Finance, January 1, 2022; 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Demographics and Growth Forecast Technical Report, Southern California Association of Governments, September 2020. Setting The population of the City of Palm Desert was 50,889 as of January 2022. The Southern California Association of Governments (SCAG) projects it will grow to 64,100 by 2045. The housing stock includes 36,058 single-family, multi-family, and mobile home units, the majority of which (39.8%) are single-family detached homes. The average household size in the City is 2.05 persons. 11The proposed Project is located in a residential neighborhood. Discussion of Impacts a) No Impact. The Project proposes the rehabilitation of an existing drainage channel which runs parallel to Haystack Road from State Highway 74 to Portola Avenue. No changes to the length or course of the existing Haystack Channel are proposed under the Project. Proposed improvements include the replacement of the existing drain system with infiltration pipe, the installation of underground storage/infiltration chambers at existing storm drains, and the replacement of damaged irrigation. Given that the channel already exists on the site and the nature of the proposed improvements, the proposed Project is not expected to indirectly induce any population growth. Given that no homes or businesses are proposed, the Project would also not directly induce growth. There will be no impacts. b) No Impact. The Project property is occupied by the existing Haystack Channel and the walking path that runs parallel to it. The channel has existed on the subject site for decades. No housing occurs on the site. The Project would not displace any existing people or housing or necessitate replacement housing elsewhere. No impact will occur. CEQA Plus: Supplemental Analysis Socio-Economic/Environmental Justice Impacts to Minority or Low-Income Areas The proposed Project will not result in disproportionate adverse environmental justice, socio-economic, or safety impacts to a minority or low-income population. The construction phase of the Project may result in temporary and short-lived inconveniences for residents, including disruptions due to construction diversions. Construction noise and other temporary impacts will be less than significant and are directed to substantial long-term improvements in the quality of life for current and future residents in this area. 11 E-5 City/County Population and Housing Estimates, California Department of Finance, January 1, 2022. 83 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -60- This socio-economic segment of the population occupying the project area is generally middle and upper-middle- income. The proposed infrastructure improvements will provide families residing in the community with safe and reliable flood protection. The project, therefore, is expected to result in substantial direct long-term benefit to the local population. Mitigation Measures: None required. Monitoring and Reporting: None required. 84 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -61- XV. PUBLIC SERVICES Would the project result in: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact Fire protection? ✓ Police protection? ✓ Schools? ✓ Parks? ✓ Other public facilities? ✓ Sources: City of Palm Desert General Plan, 2016; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016. Setting Fire Protection The City of Palm Desert contracts with the State of California (CalFire) and Riverside County Fire Department (RCFD) for fire protection services. Riverside County Fire Station 67 at 73200 Mesa View Drive in Palm Desert, approximately 2,600 square feet south of the subject site, serves the Project area. This station appears to be within a 5-minute response time. Palm Desert has a total Fire Department staff of 44 positions at the three stations within the City limits. Backup support is available from Station No. 55 in Indian Wells and Stations No.50 and No.69 in Rancho Mirage. Police Protection Police protective services are provided by the Palm Desert Police Department (PDPD) under contract with the Riverside County Sheriff Department. The City is served by the sheriff’s station located at 73-705 Gerald Ford Drive, approximately 5.8 miles north of the Project site. The PDPD is staffed by 80 sworn deputy officers, 36 of which are dedicated to the patrol division, with the remaining dedicated to special assignments such as the Traffic Division, Special Enforcement Team, Motorcycle Enforcement Unit, K-9 Officer, Business District Team, School Resource Officers, Coachella Valley Violent Crime Gang Task Force, and Narcotics Enforcement. In 2016, when the City’s general plan Update EIR was written, Palm Desert has an officer-to-population ratio of 1.4 sworn officers per 1,000 residents. In 2013, the response time to the highest priority calls was within 5.58 minutes. Schools Palm Desert is within the jurisdictions of two school districts: Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District (PSUSD). The Project site is within the boundary of the DSUSD. The nearest elementary school is Washington Elementary School on Portola Avenue, approximately 5,000 feet northeast of the Project site. 85 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -62- Parks The City currently operates and maintains 200 acres of park land in 12 parks. The nearest public park to the Project is the City of Palm Desert Ironwood Park, approximately 250 feet south of the subject site. The Project alignment and lands in the vicinity of Portola Drive are also important open space lands that provide linear multi-modal paths and an expanded and landscape open space area just west of Portola Drive and south of the channel alignment. Access to portions of the adjoining sidewalk and open space areas may be temporarily closed or restricted during construction. Once construction is completed access to the existing paths and sidewalks, and the existing open space areas near Portola Ave will not be significantly impacted by the proposed Project. Other Public Facilities Other public facilities in Palm Desert include the Palm Desert Library, Joslyn Center (senior services), City Hall, and other government facilities. None of these facilities will be affected by the proposed Project. Discussion of Impacts Fire Protection: Less Than Significant Impact. The City will require the Project contractor to prepare a Construction Traffic Control Plan to ensure emergency access to the subject site and the surrounding residential neighborhoods is maintained throughout construction. Once rehabilitated is completed, the Haystack Channel will not adversely affect the provision of fire protection in this area of Palm Desert, nor would it result in the need for new or physically altered facilities. The Project will therefore have a less than significant impact on fire protection services. Police Protection: Less Than Significant Impact. As stated above, a Construction Traffic Control Plan will be prepared for the Project to ensure that emergency access and generally mobility is maintained in the Project area. The rehabilitation of the existing Haystack Channel will not generate a significant additional demand for policy protection. The Project would therefore have less than significant impacts on police protection. Schools: No Impact. The proposed channel rehabilitation does not include any residential units of habitable structures and would not result in a permanent increase in the local population. It would therefore not result in any impacts to school enrollment and would not require the provision of new or additional facilities. The Project will have no impact on schools. Parks/ Other Public Facilities: Less Than Significant Impact. The Project would not result in any land development or population increase that could generate long-term demand for parks or other public facilities. As discussed in Section XVI, below, the subject site is used by some residents as a walking trail and open space area. During construction, the site would be closed for public access, which may temporarily increase demand on other parks in the area. However, the disruption in use of the Haystack Channel site would be temporary, and any associated impacts to public parks would be expected to be marginal. Overall, the Project’s impacts on public services and facilities are expects to be less than significant. Mitigation Measures: None required Monitoring and Reporting: None required 86 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -63- XVI. RECREATION Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ✓ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ✓ Sources: City of Palm Desert General Plan, 2016; City of Palm Desert website, accessed March 2023; City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report, 2016 (SCH 2015081020); Project materials. Setting The City maintains and operates over 200 acres of parkland in 12 public parks, two community centers, an aquatic center, and over 25 miles of multi-purpose trails. The City also partners with the Desert Recreation District to provide recreational programs and activities. Other recreational facilities in Palm Desert include a municipally owned golf course and the Family YMCA of the Desert in Civic Center Park. The nearest public park to the Project is the City’s Ironwood Park, approximately 250 feet south of the subject site The City boundaries also encompass or is in proximity to numerous public and private golf courses, large open space reserves, the Santa Rosa and San Jacinto Mountains National Monument, and other local and regional recreational resources. A meandering sidewalk currently runs parallel to the channel along the entire 1.3 miles of the subject site. The Haystack Channel itself is also used as a walking trail and passive open space. Access to portions of the adjoining sidewalk and open space areas may be temporarily closed or restricted during construction. Once construction is completed access to the existing paths and sidewalks, and the existing open space areas near Portola Ave will not be significantly impacted by the proposed Project. Discussion of Impacts a, b) Less Than Significant Impact. During construction of the Project, all or portions of the channel and the associated sidewalk will temporarily be closed for recreational use. This could temporarily result in a marginal increase in the use of existing parks in the neighborhood. Long-term, however, the rehabilitation of the Haystack Channel is expected to have no impacts on its current use as a greenway. Its rehabilitation will therefore not significantly increase the use of existing neighborhood and regional parks in the long term, and no physical deterioration of such facilities is expected to occur as a result. During construction on the Project, the existing sidewalk will remain in place, and the loss or relocation of in-channel vegetation will be minimized to the greatest extent practicable. The Project maintains the open space at Portola Ave and does not require the construction or expansion of recreational facilities which might have a significant adverse physical effect on the environment. Impacts will be less than significant. Mitigation Measures: None required Monitoring and Reporting: None required 87 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -64- XVII. TRANSPORTATION Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? ✓ b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ✓ c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ✓ d) Result in inadequate emergency access? ✓ Sources: City of Palm Desert General Plan (2016), City of Palm Desert Municipal Code. Setting Haystack Road abuts and runs parallel to the Haystack Channel project area on the south side of the site. According to the City’s General Plan, Haystack Road is designated as a Collector Street, which consist of a two-lane undivided roadway. Haystack Road is designated for a Class 2 (Striped Lane) bicycle and golf cart facility (Genera Plan Figure 4.2). The road exists in its fully improved condition, with two lanes of traffic, as well as sidewalks, on-street parking, and striped bicycle lanes on both sides. Other roadways in the Project vicinity include Calliandra Street and Amir/Marrakesh Drive, which both run parallel to the north side of the channel, as well as Alamo Drive, Heliotrope Drive, and Portola Avenue, which each intersect the Haystack Channel. With the exception of Portola Avenue, these roadways are all designated as Local Streets. South of the channel, Portola Avenue is designated as a Secondary Street, and north of the channel it is designated as a Balanced Arterial. Portola Avenue is also designated as a Class 2 (Striped Lane) bicycle and golf cart facility. There are no transit routes in the Project vicinity. The Haystack Channel currently does not generate any traffic, nor would it during future, post-rehabilitation operations. During the proposed channel rehabilitation, temporary traffic associated with construction activities may occur, as well as potential traffic disruptions. The Project staging area is planned for a CVWD-owned parcel located at the northwest corner of the channel and Portola Avenue, adjacent to the eastern portion of the channel project (see Sheet 7 of the Project Plans). Discussion of Impacts a) Less Than Significant Impact. The streets surrounding the Project site are fully built out, and the channel is bound on the south by existing active transportation facilities, including an on-street bicycle lane and meandering sidewalk. The Project is not expected to affect local intersection and roadway levels of service (LOS). Project traffic will focus on individual channel segments along its length and will terminate once the rehabilitation is completed. This would have a less than significant impact on LOS. The Project will not conflict with the goals and policies in the City General Plan Mobility Element. 88 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -65- Construction of the Project could involve temporary impacts to traffic flow on surrounding roadways. These impacts would be limited in scope and intensity, and would shift along the Project alignment as work is accomplished. Appropriate traffic management and control measures will be followed during construction period, including compliance with the policies provided in Chapter 12.04 of the Municipal Code. For example, permission of the director of public works is require prior to any temporary lane closures or other temporary encroachments on public streets. Adherence with these policies will ensure that the Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system. Impacts would be less than significant. b) No Impact. CEQA Guidelines section 15064.3, subdivision (b), which took effect in 2020, requires all lead agencies to adopt vehicle miles traveled (VMT) as a replacement for automobile delay-based level of service (LOS) for analyzing transportation impacts. A limited amount of vehicle trips, and associated VMT, would result from construction of the proposed Project. Upon completion of construction, the proposed channel rehabilitation would not generate VMT. Given that the Project would not generate VMTs during operations, it can be concluded that the channel rehabilitation will not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b), and there will be no impacts related to VMT. c, d) No Impact. The channel rehabilitation Project does not propose the construction of new roadways or improvements. It would therefore not result in any hazardous design features including sharp curves, dangerous intersections, or hazardous geometric features. Nor would any changes be made to the existing roadways in the area such that emergency access would be impeded. The Project will not generate vehicle trips during operations and, therefore, no hazards would result from incompatible uses. As previously stated, appropriate traffic management and control measures will be followed during construction period, including compliance with the policies provided in Chapter 12.04 of the Municipal Code. This will ensure that no hazards result due to road conditions during construction of the proposed channel rehabilitation, including when construction equipment enters and leaves the site. Any construction activities that could temporarily disrupt circulation on surrounding roadways, including emergency access or evacuation, must be coordinated with the City. Overall, the Project will not increase hazards or result in inadequate emergency access, and impacts will be less than significant. Mitigation Measures: None required. Monitoring and Reporting: None required. 89 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -66- XVIII. TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or ✓ ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. ✓ Sources: Identification and Evaluation of Historic Properties, Haystack Channel Rehabilitation Project, CRM TECH, July 16, 2023; City of Palm Desert Draft EIR Technical Background Report, August 27, 2015. Setting As discussed in Section V, Cultural Resources, the Coachella Valley is the traditional home of the Cahuilla people. Anthropologists generally divide the Cahuilla into three groups based on their geographic setting: the Pass Cahuilla of the San Gorgonio Pass-Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rose Mountains and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the reservations in and near the Coachella Valley, including Agua Caliente, Morongo, Cabazon, Torres Martinez, and Augustine. Tribal Cultural Resources CEQA defines tribal cultural resources as 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 included on a local register of historical resources (PRC §5020.1(k)), or that is listed as a historical resource in the California Register (PRC §5024.1(c)). 90 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -67- The following discussion of impacts is primarily based on the findings of the cultural resources study conducted for the Project by CRM TECH in July, 2023 (see Appendix C of this IS/MND). Discussion of Impacts a. i, ii) Less Than Significant with Mitigation. As stated in Section V, Cultural Resources, the records search at the EIC found that the Project’s area of potential effects (APE) had not been previously surveyed for cultural resources, and no cultural resources had been recorded within or adjacent to the APE. The field survey also did not find any potential cultural resources, including buildings, structures, objects, sites, features or artifacts. Furthermore, given the disturbance of sediments in the channel, and the distribution of known prehistoric resources identified by the records search, the geoarchaeological analysis concluded that the archaeological sensitivity of the vertical (subsurface) APE is relatively low. The State of California Native American Heritage Commission (NAHC) conducted a search of the Sacred Lands File at the request of CRM TECH on February 8, 2023. The results of the Sacred Lands File search were negative. CRM TECH contacted the nearby Agua Caliente Band of Cahuilla Indian, as well as representatives of ten other tribes in the region, for input: Agua Caliente Band of Cahuilla Indians, Augustine Band of Cahuilla Mission Indians, Cabazon Band of Mission Indians, Cahuilla Band of Indians, Los Coyotes Band of Cahuilla and Cupeño Indians, Morongo Band of Mission Indians, Quechan Tribe of the Fort Yuma Reservation, Ramona Band of Cahuilla Indians, Santa Rosa Band of Cahuilla Indians, Soboba Band of Luiseño Indians, and the Torres-Martinez Desert Cahuilla Indians. The Augustine Band requested notification if any resources are discovered during the Project. The Santa Rosa Band had no comments regarding the Project. The Quechan Tribe, Cahuilla Band, and the Soboba Band deferred to Native American groups closer in proximity to the Project site. The Agua Caliente Band, the nearest Native American group to the Project site, requested copies of all cultural resource documentation generated for the Project. The Agua Caliente were also invited to participate in the field survey of the APE but were unable to attend. Assembly Bill 52 (AB 52) Consistent with the requirements of AB 52, the City conducted Tribal Consultation. This consultation included outreach to the Cabazon Band of Mission Indians, the Soboba Band of Luiseno Indians, the Torres- Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Missions Indians. There were no responses within the 30-day period within which to request consultation. Summary of Impacts Overall, none of the sources consulted during the cultural resources survey found evidence of resources occurring within the Project’s APE, including tribal cultural resources. In the event that buried cultural materials are discovered during earth-moving operations associated with the proposed channel rehabilitation, all work in the immediate area shall be halted or divert until a qualified archaeologist can evaluate the find (CUL-1). With implementation of this mitigation measure, it can be concluded that the Project would not cause a substantial adverse change in the significance of a tribal cultural resources. Impacts will be less than significant with mitigation. Mitigation Measures: See Section V, Cultural Resources. Monitoring and Reporting: See Section V, Cultural Resources. 91 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -68- XIX. UTILITIES AND SERVICE SYSTEMS Would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ✓ b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? ✓ c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ✓ d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ✓ e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ✓ Sources: County of Riverside Integrated Waste Management Plan (1996). CalRecycle Solid Waste Information System (SWIS) https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/5189?siteID=4186 (accessed June 2023); Project Rehabilitation Plans prepared by ERSC, February 2023. Setting Domestic Water The Project site is within the Coachella Valley Waste District (CVWD) service area for domestic water. CVWD has a 12-inch water line that lies beneath and passes perpendicular to the east segment of the channel. The primary water source for domestic water is groundwater extracted through a system of wells from the Whitewater River subbasin. CVWD is responsible, under the California Water Code, for analyzing its current and future water supply and assuring that sufficient supply is available to serve land uses within the District, through the preparation of an Urban Water Management Plan (UWMP). Wastewater Treatment CVWD provides sewer service to the City of Palm Desert, including the Project area. Effluent from the City is conveyed to CVWD’s Cook Street treatment plant (Water Reclamation Plant No. 10). 92 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -69- Stormwater Management CVWD is responsible for regional drainages in the City, while the City is responsible for and maintains smaller drainages such as the subject Haystack Channel. There are five stormwater channels in Palm Desert: Whitewater River Stormwater Channel and its tributaries, including Dead Indian Creek, the Deep Canyon Channel, the Palm Valley System, and the East Magnesia Channel. The Haystack Channel was constructed to intercept north-flowing tributary flows, including those delivered by sub-drainage areas and facilities, and flows crossing Haystack Road, and to convey them to the Portola Avenue culvert and into a series of golf course drainage system systems farther east. These flows ultimately make their way to the Whitewater River Stormwater Channel, approximately 1,400 feet west of Washington Street. Electric Power and Natural Gas Southern California Edison (SCE) provides electrical services to the Project area. Many neighborhoods were developed prior to the undergrounding of electric facilities and have overhead power lines. An existing overhead power line occurs on and crosses perpendicular to the Project site and at least one pole will require relocation out of the channel. Natural gas is provided by the Southern California Gas Company (SoCalGas or SCG). SCG has both 2-inch and 3- inch distribution lines that cross and lie perpendicular to the channel, being carried across the channel bridge crossings. Solid Waste Burrtec Waste and Recycling Services, LLC (Burrtec) provides solid waste disposal to the City through a franchise agreement. Non-hazardous household, commercial, and most nonhazardous industrial solid waste collected is taken to the Edom Hill Transfer Station, which is permitted to receive 3,500 tons of waste per day. From there, solid waste is transported to the Lamb Canyon regional landfill, which is operated by the County of Riverside and had a remaining capacity of 19,242,950 cubic yards as of 2015 (latest available data as of June, 2023). Discussion of Impacts a-c) Less than Significant Impact. Water The proposed channel rehabilitation project will not generate any long-term water demand and Project water demand will be limited to that needed for site watering, hydroconsolidation and other construction purposes. Potholing will be conducted prior to finalization of the channel rehabilitation plans to ensure that water lies are protected in place. There will therefore be less than significant impacts on the local water supplier’s ability to serve reasonably foreseeable future development during normal, dry, and multiple dry years. The Project will not require a new connection to existing domestic water lines, nor will it otherwise require or result in the relocation or construction of new or expanded water facilities. Construction water is expected to be accessed from nearby fire hydrants. No environmental significant impacts to facilities or supplies will occur as a result. Wastewater The rehabilitation of the Haystack drainage channel will not generate any wastewater. It therefore will not require the relocation or construction of new or expanded wastewater treatment facilities, nor will it impact the available capacity of any wastewater treatment plants. There will be no impacts related to wastewater. 93 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -70- Stormwater Drainage The Project proposes the rehabilitation of the existing Haystack Channel. It will therefore involve construction on the existing drainage facility. The Project will not involve any significant extensions or expansions of the channel, only improvements to the existing facilities. Impacts will therefore be limited to the subject site, which has previously been disturbed during the construction of the existing channel. As detailed in this Initial Study, no significant adverse effects will occur to the existing drainage facility as a result of the proposed channel rehabilitation. Impacts will therefore be less than significant. Electricity The proposed Project will require the relocation or elimination of an existing South California Edison power pole. The currently encroaching power pole does not appear to be necessary, as it occurs a short distance (approximately 33 feet) from a pole farther south. The current power line alignment is expected to be used by SCE. Natural Gas The Project will not use natural gas during construction or operations, nor will it require the relocation or construction of new or expanded natural gas facilities. There will be no impacts related to natural gas. Telecommunications The Project will not require the relocation or construction of new or expanded telecommunications facilities. However, poles carrying communication lines on the above referenced SCE power pole will be affected by the relocation or elimination on one pole. The effects of reconfiguring of SCE power poles, and the associated communication lines will be less than significant. d, e) Less than Significant Impact. The proposed channel rehabilitation project will not generate solid waste during long-term operations. During construction of the proposed channel improvements, some construction-related waste may be generated, including concrete and wood framing, both of which are recyclable. The generation of this waste would be limited and temporary, and would not exceed any State or local standards, nor would it be in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. All construction debris must be disposed of in accordance with local and state requirements, including those provided in the County of Riverside Integrate Waste Management Plan. Impacts will be less than significant. Mitigation Measures: None required Monitoring and Reporting: None required 94 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -71- XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ✓ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ✓ c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ✓ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ✓ Sources: City of Palm Desert General Plan, 2016; Project materials; Google Earth Pro 7.3.3.7786; Fire Hazard Severity Map, CalFire, https://egis.fire.ca.gov/FHSZ/, accessed March 2022; Project Rehabilitation Plans prepared by ERSC, February 2023. Setting Wildfires can occur in undeveloped areas and spread to urban areas. The California Department of Forestry and Fire Protection (CalFire) has mapped areas of significant fire hazards in the state through its Fire and Resources Assessment Program (FRAP). These maps identify 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 weather where urban conflagration could occur. While the southernmost portions of Palm Desert border areas susceptible to the risk of wildland fires, the Project site is within a developed area. The subject property is designated as a local responsibility area (LRA) and is located approximately 1.3 miles from the nearest area as a very high fire hazard severity zone (VHFHSZ). Discussion of Impacts a-d) Less Than Significant Impacts. As noted in Section IX.f) above, the City’s Local Hazard Mitigation Plan (LHMP) includes priority actions to mitigate hazards, as well as actions to coordinate plans and resources in the event of an emergency. The proposed Project would not impair or interfere with an adopted emergency response or evacuation plan. According to the City’s General Plan, key evacuation routes in the city include Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. 95 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -72- While construction activities associated with the Project would involve temporary impacts to Haystack Road or Calliandra Street, neither of these streets are considered key evacuation routes. Furthermore, the construction would be temporary, and a construction access plan will be required by the City to assure the Project does not interfere with emergency access during construction. Overall, impacts will be less than significant. The subject site is a Local Responsibility Area and is more than a mile from the nearest VHFHSZ. The Project proposes the rehabilitation of a drainage channel and will not involve any residential buildings or other occupied structures. There will be no occupants potentially at risk of wildfire hazard. The channel will generally maintain the existing drainage pattern, and therefore would not be expected to expose people or structures to significant risks as a result of drainage changes. Impacts will be less than significant. Mitigation Measures: None required Monitoring and Reporting: None required 96 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -73- XXI. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ✓ b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ✓ c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ a) Less than Significant with Mitigation. Biological Resources: As discussed in Section IV above, a biological resources assessment was conducted for the Project and adjacent lands, which are comprised primarily of residential development to the north and south and local streets. The eastern edge of the channel is adjacent the Living Desert Zoo and Gardens located on the east side of Portola Avenue. The western section of the Project area contains an engineered swale which is covered in maintained turf grass and lined buy landscaping trees. The swale has some concrete structures which collect nuisance waters from irrigation runoff and stormwater. The section of the channel east of Heliotrope Drive is an engineered sandy, natural bottom channel with a mix of native and non-native vegetation. No special status or sensitive plant or animal species were found or suspected on occupying the Project site or vicinity. As previously noted, the subject lands and the City are located within the development impact mitigation fee area of the Coachella Valley MSHCP. Mitigation Measure BIO-1 requires the conducting of pre-construction nesting bird surveys if construction is planned during the February 1 through August 31 nest season. While neither burrowing owl nor their sign were identified during site surveys, Mitigation Measure BIO-2 requires that a burrowing owl habitat assessment be conducted no less than 60 days prior to the Project’s start to further ensure that the owl is not impacted by the Project. Also included is BIO-3, which requires a 97 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration -74- bat survey be conducted during sensitive times of the year. And Mitigation Measure BIO-4 requires that any post-construction landscaping use plant materials approved by the Coachella Valley MSHCP. Therefore, the Project will not 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. Cultural Resources: As discussed in detail in Section V of this IS/MND, the Project site is not expected to harbor either sensitive cultural or historic resources. Mitigation Measure CUL-1 requires that if potential resources are identified during site disturbance, work shall be halted in that area and a qualified professional will be called in to evaluate and, if necessary, mitigate the find prior to continued work at that location. Therefore, the Project is not expected to eliminate or significantly impact important examples of the major periods of California history or prehistory. b) Less than Significant Impact. The Project is not expected to result in any impacts that are or may be considered to be cumulatively considerable. The Project is limited to the rehabilitation of an existing and long-established stormwater channel located within an urbanized portion of the City. Once rehabilitation work has been completed, the channel and vicinity will be left essentially in the same condition as it was before the Project is implemented. No cumulatively considerable impacts are expected to result from implementation of the Project. c) Less than Significant with Mitigation. There is a limited and less than significant risk that implementation of the proposed Project will result in or cause substantial adverse effects on human beings, either directly or indirectly. The rehabilitation project will re-establish full channel capacity and will stabilize those portions of the channel that are currently susceptible to scour and erosion. Construction will be conducted under the supervision of the City and is not expected to adversely impact local residents or the traveling public. 98 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration A Appendix A CalEEMOD Air Quality and GHG Modeling (Available on City website) 99 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration B Appendix B Biological Resources Assessment Report (Available on City website) 100 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration C Appendix C Cultural Resources Survey “Reviewers wishing to review this report must contact the Project CEQA Planner, Nick Melloni at the following email address: nmelloni@palmdesert.gov”. Only qualified professionals can be provided a copy of this report.” 101 City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project CEQA-Plus IS/Mitigated Negative Declaration F Appendix D Technical Memorandum and Channel Improvement Plans (Available on City website) 102 CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, FOR CONSIDERATION TO ADOPT AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) OF ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT LOCATED EAST OF STATE HIGHWAY 74, WEST OF PORTOLA AVENUE, IMMEDIATELY NORTH OF HAYSTACK ROAD. The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has conducted an initial study concluding that the project would not have significant adverse environmental impacts. The City intends to adopt a Mitigated Negative Declaration pursuant to Public Resources Code Section 21080(c) and CEQA Guidelines sections 15070 et seq. PROJECT LOCATION: East of State Highway 74, west of Portola Avenue, immediately north of Haystack Road. APNs: 630-025-050 & 052; 630-190- 051 & 054; 628-290-013 Portion of the SE ¼ of Section 30, portion of S1/2 of Section 29, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian PROJECT DESCRIPTION: The Planning Commission will consider adoption of a Mitigated Negative Declaration (MND) with a Mitigation Monitoring and Reporting Program (MMRP) for the Haystack Channel Improvement Project. The Haystack Channel Improvement Project will generally consist of the reconstruction of an existing flood control channel, which currently serves an extended residential neighborhood. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing on Tuesday, May 7, 2024. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/connect/committees-and-commissions/planning-commission. PUBLIC REVIEW: Information concerning the project is available for public review in the Development Services – Planning Division office at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours. Written comments may be submitted to the Planning Commission by letter to the address below or by email at planning@palmdesert.gov. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Nick Melloni, AICP, Principal Planner City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmellloni@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY April 26, 2024 PALM DESERT PLANNING COMMISSION 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 03-026-2023-001 Dear Mr. Nick Melloni, The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Haystack Channel Rehabilitation Project project. We have reviewed the documents and have the following comments: [VIA EMAIL TO:nmelloni@cityofpalmdesert.org] City of Palm Desert Mr. Nick Melloni 73-510 Fred Waring Dr. Palm Desert, CA 92260-2578 September 25, 2023 Re: Haystack Channel Rehabilitation Project Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 423-3485. You may also email me at ACBCI-THPO@aguacaliente.net. Cordially, Xitlaly Madrigal Cultural Resources Analyst Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS *The Mitigated Negative Declaration document included standard mitigation measures to address impacts to cultural resources. We found these measures to be sufficient. 127 128 1 Nick Melloni From:McNeill, Amy <ammcneil@RIVCO.ORG> Sent:Tuesday, October 3, 2023 10:10 AM To:Nick Melloni Cc:McKinney, Elsa; Cornelius, William Subject:Haystack Stormwater Channel Rehabilitation Project Attachments:We sent you safe versions of your files; Haystack Ch rehabilitation project transmittal.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello Nick,   Upon review of the site location, this project will not have any impacts to Riverside County Flood Control and Water  Conservation District storm drain facilities. The project is not located with an Area Drainage Plan and therefore no fees  are required to be paid.  Please note the location of the channel and project limits are shown within the Coachella Valley  Water District jurisdiction.  Thank you,  Amy    Amy McNeill, PE | Engineering Project Manager Development Review Riverside County Flood Control & Water Conservation District 1995 Market Street | Riverside, CA 92501 Direct: 951-955-1214 | Email: ammcneil@rivco.org     Confidentiality Disclaimer   This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained 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 error please delete all copies, both electronic and printed, and contact the author immediately. County of Riverside California   129 130 131 132 Page 1 of 7 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT MEETING DATE: May 7, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A 24- HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) RECOMMENDATION: Adopt Planning Commission Resolution No. 2865 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 24-HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NO. CUP24-0001.” EXECUTIVE SUMMARY: The project is a request by Veterinary Emergency Group (“VEG” or “Applicant”) to operate a 24-hour emergency animal clinic (“Project”) within an existing building located at 73495 Highway 111 located on Assessor’s Parcel Number (“APN”) 627-211-025. The existing building is free-standing with an approximate net floor area of 4,837-square-feet and is part of the El Paseo Square shopping center located at the southwest corner of San Pablo Avenue and Highway 111. The project operation will provide 24-hour emergency medical treatment services for domesticated household animals, such as cats, dogs, and other small pets. No kennels are proposed. Proposed modifications to the building consist of interior tenant improvements to construct partitions, plumbing and electrical conveyances for medical exam rooms, an x-ray room, a surgery room, and areas for staff and administration. Some limited exterior alterations are proposed such as the addition of new exterior business identification signage to be proposed at a future time. The project is exempt from CEQA in accordance with CEQA Guidelines Section 15301 and 15303 as the use is allowed by the zoning ordinance and the project consists of interior alterations to an existing building. Staff has reviewed the proposed project and determined it is consistent with the applicable requirements of the Palm Desert Zoning Ordinance and consistent with the Palm Desert General Plan. Staff recommends the Planning Commission (PC) make findings to approve the project and adopt the resolution as presented. BACKGROUND/ANALYSIS On November 16, 2023, the Palm Desert City Council adopted Ordinance No. 1405, which approved a zoning ordinance amendment (Case No. ZOA23-0002) which amended Title 25 of the Palm Desert 133 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 2 of 7 Municipal Code (“PDMC”) to add Section 25.34.210 Animal Clinics. This section establishes specific use standards for the review of animal clinic land uses, which are defined as: “A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where f or only a short time, critical patients are kept longer than 24 hours. Boarding of animals can be incidental to such clinic use. The term ‘veterinary clinics or animal hospital’ should be used interchangeably with ‘animal clinic.’” This ordinance amendment also added animal clinics as allowable land uses for parcels within Downtown zoning designations with street frontage along Highway 111. VEG applied for the proposed project on January 16, 2024. a) Property Location: The project site is an existing two-story, 5,854-square-foot (gross area) building located on a 0.37-acre parcel at 73495 Highway 111 (APN 627-211-025). The site has been developed with frontage improvements and shares access with the El Paseo Square shopping center and is otherwise known as “Building G” of the center. The building was originally approved by the Palm Desert Planning Commission on August 1, 2000, under Resolution No. 2004 for Case No. PP 00-15. The original use of the building was a retail furniture store known as “Norwalk Furniture”. Over the years the building uses changed to a financial institution “Wells Fargo Home Mortgage” and most recently demised into two tenant spaces in 2017 including a retail use (“T-Mobile”) and real estate office. The building is currently vacant. b) Existing Adjacent Uses, General Plan and Zoning: Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Vacant building Downtown/City Center Downtown Core Overlay District (D-O) North Highway 111 / Vacant Building Downtown/City Center D-O South El Paseo Square / Commercial Downtown/City Center D-O East Commercial Downtown/City Center D-O West El Paseo Square / Commercial Downtown/City Center D-O Project Description: The applicant is proposing to operate an emergency clinic within the existing building on the project site. The facility will serve only domesticated pet animals and would operate 24 hours a day, seven days a week to treat pet emergencies. It is estimated that the project will have bet ween eight (8) to ten (10) employees per shift on the premises. 134 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 3 of 7 No modifications are proposed to the existing project site. The building has access to twelve (12) existing parking spaces located on the parcel. This building shares a parking lot with the El Paseo Square shopping center and will secure an agreement with the owners of the property to secure access to six (6) additional parking spaces to support the use. An existing trash enclosure is also located on the adjacent parcel to support the use. Figure 1 – Project Site Plan No modifications are proposed to the existing building footprint, floor area or height. The project will require interior alterations to modify the existing building layout to accommodate the proposed veterinary services. Proposed interior alterations on the first floor will include the addition of interior partitions to add four private exam rooms, a quiet ward, an isolation room, an x-ray room, a surgery room, and medical gas room. These areas will be located around a central open treatment area where pet owner access will be allowed during examinations. Additional areas will also be provided for storage, staff break areas, and two restrooms on the ground floor. The upper floor will have an office area and restroom. Figure 2 – Proposed Floor Plan 135 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 4 of 7 The project will propose exterior signage at a future time. The building is subject to a sign program which considered signage for two tenants and will require future consideration by the Architectural Review Commission (ARC) for consideration of a modification. The project will add insulation and soundproofing to the interior of the building to reduce noise related to the proposed operation, though the applicant anticipates there will be no significant noise impacts associated with treatment of the animals. To address odor, the applicant will utilize an HVAC system to exhaust potential odors and ensure adequate internal air circulation. The applicant is proposing a waste management plan to ensure that odors associated with pet waste are mitigated through regular clean-up and sealing within containers before being placed in the exterior trash enclosure. Additionally, the applicant will contract with a medical waste service provider that will provide pickup and removal of all sharps and medical waste. Analysis: General Plan Land Use and Zoning The project site is designated Downtown/City Center per the General Plan Land Use Element. This designation is intended for “high intensity mixed-use development anchored by civic, cultural, entertainment, retail and dining activity that features a variety of building sizes and housing choices.” (Page 38, General Plan.) It allows a variety of land uses including “service” uses on the ground floors. The proposed use fits this designation as part of a mixed-use community serving residents. The project is allowable on the project site in accordance with the zoning designation and general plan land use designation. The zoning designation for the project site is Downtown Core Overlay (D- O) which allows animal clinics land uses subject to the approval of a Conditional Use Permit (CUP) in accordance with PDMC Section 25.18.040, Table 25.18-1. A CUP may be granted by the Palm Desert Planning Commission in accordance with PDMC 25.72.050 subject to findings. Specific Use Standards The project complies will all applicable specific use standards. Animal Clinics are required to comply with specific use standards in accordance with PDMC 25.34.210. The use standards and project compliance with said standards is outlined below: 1. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted. Project Compliance: Yes. The proposed use consists of medical treatment and incidental care for household pets. No other uses, such as boarding, or kennels are proposed. 2. The entire use shall be conducted within a totally enclosed and air-conditioned building. Project Compliance: Yes. The proposed use will be conducted within a totally enclosed building that will operate with a functional HVAC system. 3. Outdoor run areas shall be prohibited. 136 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 5 of 7 Project Compliance: Yes. No outdoor run areas are proposed by the project. The proposed use is conducted entirely indoors. 4. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet California Building Code requirements for interior decibel levels shall be submitted with the application for a discretionary permit. Project Compliance: Yes. The applicant is proposing interior sound attenuation and sound proofing by installing ceiling panels and sound batt insulation above all ceiling tiles. Additionally, the use is within a free-standing building separated from other land uses. 5. All applications for veterinary uses shall provide a detailed plan for pet waste and medical waste disposal that will prevent odor issues arising. Project Compliance: Yes. The project has provided a detailed plan for pet waste consisting of regular disposal and sealing of pet waste, an HVAC system for internal circulation and exhaust ventilation and using a waste disposal consultant to dispose of medical and hazardous waste. 6. Animal clinics within downtown districts shall only be permitted on properties with frontage along Highway 111. Project Compliance: Yes. The project is located within a downtown district on site with direct frontage along Highway 111. Parking The project complies with the required parking standard. The use is re quired to provide parking at a rate of three (3) spaces per 1,000 square-feet of floor area. At 5,854 square feet, the proposed building will be required to provide 18 on-site parking spaces. The existing site contains 12 parking spaces. An additional 6 parking spaces will be secured through a parking agreement with the adjacent parking center which is part of the same shopping center and property ownership. Public Input: Public Notification Public noticing was conducted for the May 7, 2024, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published on Friday, April 26, 2024, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the Project site. No comments by the public were received as of April 30, 2024. Environmental Assessment / Environment Review: City staff has reviewed the Project in accordance with CEQA and determines that the Project is categorically exempt from environmental review pursuant to Section 15301 Existing Facilities (“Class 1”) and Section 15303 New Construction or Conversion of Small Structures of the State CEQA guidelines (“Class 3”). 137 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 6 of 7 Class 1 Categorical Exemptions apply to projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Examples of these types of projects includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The project qualifies for the Class 1 Categorical Exemption as it proposes internal modifications to an existing structure with a floor area of 4,837-square-feet. These modifications include interior partitions and plumbing and electrical conveyances to support a veterinary use. Class 3 Categorical Exemptions apply to the installation of small new equipment in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. An example of the exemption includes, in urbanized areas, a “store, motel, office, restaurant or similar structure” not exceeding 10,000 square feet in floor area on “sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and where the surrounding area is not environmentally sensitive.” The project qualifies for the Class 3 Categorical exemption as it proposes internal modifications to an existing structure with a floor area of 4,837- square-feet. CEQA Guidelines Section 15300.2 identifies a list of exceptions that preclude project eligibility for a Categorical Exemption. None of these exceptions apply to the project as outlined below: (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located--a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project site is an existing building located within an existing urban area that has been developed for several years. This site has not been identified as an area of critical concern officially adopted pursuant to federal, state or local agencies. There is no potential that the project may impact a designated environmental resource of hazard or critical concern. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There is no substantial evidence on the record that the Project would create a cumulative impact. There are no known projects proposing similar uses in the immediate Project vicinity. Therefore, it is not anticipated that any successive projects of the same type in the immediate vicinity would create cumulative impacts. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances exist for the proposed project, project site or immediate vicinity. The project is proposing a new use to be located within an existing commercial structure. Further , it will 138 City of Palm Desert – Planning Commission Case No. CUP24-0001 – Veterinary Emergency Group Page 7 of 7 incorporate tested design features to minimize odor, noise, and other potential concerns. Therefore, no fair argument or substantial evidence exists to suggest the Project would create a significant impact, nor can it be readily perceived that the Project would create a significant impact. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. The nearest designated scenic highway is Highway 74 located approximately one-half (0.5) miles to the west of the project site. Due to the existing topography and developed land use pattern, the project site is not clearly visible from Highway 74. The project is proposed within an existing building which was previously reviewed and approved and does not propose any exterior modifications. Therefore, the project will not create a significant impact on existing scenic highways. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. According to the Department of Toxic Substance Control’s database of hazardous waste site, EnviroStor, neither the project site nor any properties in the vicinity have been identified as a hazardous waste site. Therefore, the project site does not create a significant impact due to the location of hazardous waste sites. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project site has not been identified as a historic resource by local or state agencies, nor has the project site not been determined to be eligible for listing in the National Register of Historic Places or California Register of Historical Resources. Therefore, the Project would not adversely affect historic resources on the Project Site or in the vicinity. As outlined above, the project qualifies for a categorical exemption and none of the exceptions apply to the proposed project. The Planning Commission can make a finding that the project is exempt from further environmental review. Findings of Approval: Findings can be made in support of the Project under the PDMC. Findings in support of this Project are contained in the draft Planning Commission Resolution No. 2865, attached to this staff report. ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2865 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Statement of Operations 5. Project Exhibits 139 140 PLANNING COMMISSION RESOLUTION NO. 2865 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 24-HOUR EMERGENCY ANIMAL CLINIC WITHIN AN EXISTING BUILDING LOCATED AT 73495 HIGHWAY 111, AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NO. CUP24-0001 WHEREAS, Veterinary Emergency Group (“Applicant”), submitted an CUP application to operate a 24-hour emergency animal clinic (“Project”) within an existing approximately 4,837-square-foot building located at 73495 Highway 111 located on Assessor’s Parcel Number (“APN”) 627-211-025; and WHEREAS, the Project site is currently within the Downtown Core Overlay (“D-O”) zoning district and is designated Downtown / Center by the Palm Desert General Plan Land Use Element; and WHEREAS, on November 16, 2023, the City Council of the City of Palm Desert adopted Ordinance No. 1405, which amended Title 25 of the Palm Desert Municipal Code to allow animal clinics as an allowable land use within the D-O zoning district subject to standards and the approval of a conditional use permit by the Planning Commission; and WHEREAS, the proposed Project conforms to the General Plan land use designation of the Downtown/ City Center and specific use standards listed in the City’s Zoning Ordinance for the animal clinics; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption pursuant to Article 19, Section 15301 Existing Facilities (Class 1) and Section 15303 New Construction or Conversion of Small Structures (Class 3); therefore, no further environmental review is necessary at this time; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of May 2024, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: 141 PLANNING COMMISSION RESOLUTION NO. 2865 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings on Conditional Use Permit. As required by PDMC Section 25.72.050(F), the Planning Commission makes the following findings to approve the: 1. The proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The proposed location of the conditional use is in accord with the objectives of the Palm Desert Zoning Ordinance and the purpose of Downtown Core Overlay (D-O) district. The D-O zoning district permits buildings up to four stories and prohibits residential uses on the ground floor, with which the proposed conditional use complies. (PDMC Section 25.18.030.) Further, the Downtown Districts, including the D.O. zone, are intended to provide a mixture of land uses including shops, workplaces, residences, and civic buildings within walking distance of one another. (PDMC § 25.18.010.) The proposed animal clinic use is compatible with this intent with approval of a Conditional Use Permit 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The location and conditions of the proposed animal clinic poses no detrimental effects to the public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity. The proposed condition use is located within an existing commercial building with sufficient parking. The site has been previously designed to meet access, utilities, setbacks, lot coverage, building height, land use, and parking requirements for nonresidential uses. 3. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use, an animal clinic, will comply with each of the applicable provisions of the City’s zoning ordinance. The proposed use is permitted at the Project’s proposed location, subject to approval of the requested Conditional Use Permit. The Downtown Districts, including the D.O. zone, are intended to provide a mixture of land uses including shops, workplaces, residences, and civic buildings within walking distance. The proposed conditional use complies with the specific use standards required by PDMC 25.34.210. Further, the proposed conditional use complies with all development standards, including parking. Sufficient parking will be made available on the adjacent property within the same shopping center. Finally, it will be located within an existing commercial structure with no proposed floor area expansion that complied 142 PLANNING COMMISSION RESOLUTION NO. 2865 3 with all applicable zoning ordinances at the time it was constructed. All proposed renovations will comply with applicable performance and development standards. 4. The proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan The subject property is designated Downtown/City Center per the General Plan Land Use Element. This designation is intended for “high intensity mixed-use development anchored by civic, cultural, entertainment, retail and dining activity that features a variety of building sizes and housing choices.” (Page 38, General Plan.) It allows a variety of land uses including “service” uses on the ground floors. The proposed use fits this designation as part of a mixed-use community serving residents. SECTION 3. CEQA. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Planning Commission finds that the Project is exempt from CEQA per Section 15301 of the State CEQA guidelines as the Project is an Article 19, Section 15301 Existing Facilities (Class 1) project and Section 15303 New Construction or Conversion of Small Structures (Class 3). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 3 Categorical Exemptions apply to the installation of small new equipment in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Additionally, the Project is not subject to any of the exceptions for categorical exemptions identified in CEQA Guidelines Section 15300.2: a) The project site is an existing building located within an existing urban area that has been developed for several years. This site has not been identified as an area of critical concern officially adopted pursuant to federal, state or local agencies. There is no potential that the project may impact a designated environmental resource of hazard or critical concern. b) There is no substantial evidence on the record that the Project would create a cumulative impact. There are no known projects proposing similar uses in the immediate Project vicinity. Therefore, it is not anticipated that any successive projects of the same type in the immediate vicinity would create cumulative impacts. c) No unusual circumstances exist for the proposed project, project site or immediate vicinity. The project is proposing a new use to be located within an existing commercial structure. Further, it will incorporate tested design features to minimize odor, noise, and other potential concerns. Therefore, no fair argument or substantial evidence exists to suggest the Project would create a significant impact, nor can it be readily perceived that the Project would create a significant impact. d) The nearest designated scenic highway is Highway 74 located approximately one- half (0.5) miles to the west of the project site. Due to the existing topography and 143 PLANNING COMMISSION RESOLUTION NO. 2865 4 developed land use pattern, the project site is not clearly visible from Highway 74. The project is proposed within an existing building which was previously reviewed and approved and does not propose any exterior modifications. Therefore, the project will not create a significant impact on existing scenic highways. e) According to the Department of Toxic Substance Control’s database of hazardous waste site, EnviroStor, neither the project site nor any properties in the vicinity have been identified as a hazardous waste site. Therefore, the project site does not create a significant impact due to the location of hazardous waste sites. f) The project site has not been identified as a historic resource by local or state agencies, nor has the project site not been determined to be eligible for listing in the National Register of Historic Places or California Register of Historical Resources. Therefore, the Project would not adversely affect historic resources on the Project Site or in the vicinity. SECTION 4. Project Approval. The Planning Commission hereby approves Case No. CUP24-0001. SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON May 7, 2024. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2865 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on May 7, 2024, by the following vote: 144 PLANNING COMMISSION RESOLUTION NO. 2865 5 AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on May ___, 2024. RICHARD D. CANNONE, AICP SECRETARY 145 PLANNING COMMISSION RESOLUTION NO. 2865 6 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP24-0001 PLANNING DIVISION: 1. This Conditional Use Permit (CUP) approval is to allow the operation of a veterinary clinic/animal hospital use with a net floor area of approximately 4,837 - square-feet within a building located at 73495 Highway 111 (Assessor’s Parcel Number 627-211-025) as generally depicted on the approved project plans attached as Exhibit B, and approved operations statement attached as Exhibit C, and as specified by the following Conditions of Approval. 2. This CUP shall lapse and become void one (1) year following the effective date of the use permit, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion, or a new certificate of occupancy is issued for a different use, or as specified by Title 25 of the Palm Desert Municipal Code (PDMC). If the CUP expires, the applicant must file a new application which shall be processed in accordance with the requirements of Title 25 of the Palm Desert Municipal Code. 3. Prior to the expiration of the permit, the applicant may request a one (1) year time extension by filing a written request with the Development Services Department for consideration by the Planning Commission. Any request for an extension shall be noticed and be considered at a public hearing held before the original approval body. 4. The Applicant shall operate the use in compliance with the with approved exhibits on file with the Department of Development Services, except as modified by conditions herein. Any variation or modification from the approved exhibits, and/or violations of these conditions of approval may be subject to enforcement action. 5. In the event there is a need for clarification of the Conditions of Approval, the Director of Development Services may have the authority to clarify the intent of these Conditions of Approval without going to a public hearing. Minor revisions or modifications may be approved by the Director pursuant to the requirements of PDMC Section 25.72.050(I). 6. This CUP approval may be suspended and/or revoked for cause in accordance with Title 25 of the Palm Desert Municipal Code. 7. The applicant shall pay all applicable fees in effect at the time of building permit issuance. 146 PLANNING COMMISSION RESOLUTION NO. 2865 7 8. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer a nd cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third -party litigation of project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 9. The Applicant shall comply will all applicable local, state, and federal laws and regulations. 10. The use and operation shall comply with Palm Desert Municipal Code (PDMC) Chapter 9.24 for Noise Control Requirements. a. The Applicant shall submit a building permit plan which substantially conforms with the approved preliminary exhibits and provide soundproofing mitigation measures with a sound transmission class (STC) .40 or better. 11. All signage shall comply with PDMC 25.56. Both temporary and permanent signs must be reviewed and approved by the Department of Development Services. a. Prior to the approval of any sign permits for the proposed use, the applicant or property owner must receive approval of amendment to the exist ing comprehensive sign program for the building located at 73495 Highway 111. 147 PLANNING COMMISSION RESOLUTION NO. 2865 8 12. The business operations shall be conducted entirely indoors, within the interior limits of the tenant space. Outdoor runs are prohibited. 13. The use of the building space shall be restricted to veterinary care and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with treatment shall be permitted, and except that temporary boarding shall not exceed more than two weeks. 14. Prior to final inspection, the applicant shall install and maintain a pet waste station that includes a trash receptacle with the lid and liners, and pet waste bags. 15. The applicant shall be responsible for clean-up and disposal of project related trash and animal waste to maintain a safe, clean, and litter-free site daily. 16. Veterinary and animal waste shall be disposed of in compliance with the applicable California State and Riverside County health regulations. Non-veterinary/animal waste shall be disposed in the garbage bins located in the service area behind the clinic. All animal waste shall be appropriately sealed to prevent odor and disposed of on a regular basis. If any complaints are received by the City, the applicant shall be notified and given 24 hours to provide corrective action and notify the City of said action. 17. If multiple complaints are received for odor, the applicant shall provide a revised odor management plan which prevents odor impacts. 18. All new exterior ground-mounted and rooftop equipment and all appurtenances thereto associated with the use shall be completely screened from public view by walls or roof screens that are architecturally treated t o be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view. 19. The applicant shall always provide adequate parking for the use. Should parking shortages or other parking-related issues arise because of this use, the Applicant shall institute appropriate operational mitigation measures. Proposed mitigation must be reviewed and approved by the Director of Development Services. 20. The applicant shall submit building plans for plan check review to assure that all required conditions have been met prior to exercising this permit. 21. Prior to the issuance of a building permit, the applicant shall provide proof of a parking agreement securing access and right of use for no fewer than six (6) off - 148 PLANNING COMMISSION RESOLUTION NO. 2865 9 street parking spaces within the adjacent shopping center. These spaces shall be in addition to twelve (12) off -street parking spaces provided on the project site. RIVERSIDE COUNTY OFFICE OF THE FIRE MARSHAL 22. Maintain Fire Department Access - Fire apparatus access roads shall be provided to within 150 feet of all exterior portions of buildings, unless otherwise approved by the Fire Department. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet. Dead-end fire apparatus access roads more than 150 feet shall be provided with an approved tum around. The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Reference CFC as amended and Riverside County Fire Department Policies and Standards. a. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage shall follow Riverside County Fire Department Standards. 23. Fire Department Building Construction Plan Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews the plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC as amended. 24. Fire Sprinkler System - Tenant Improvement plans must be submitted and reference the installing contractor performing the work. Reference CFC as amended. 25. Fire Alarm and Detection System - Where the occupant space includes existing fire alarm notification appliances, Tenant Improvement plans must be submitted per NFP A 72 as required by the California Building Code, California Fire Code and designed in accordance with adopted standards. A C-10 licensed contractor must submit plans to the Office of the Fire Marshal for review and approval pr ior to installation. Reference CFC as amended. END OF CONDITIONS 149 150 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. CUP24-0001 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT TO OPERATE A VETERINARY CLINIC/ANIMAL HOSPITAL WITHIN AN EXISTING BUIDLING LOCATED AT 73495 HIGHWAY 111 AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section §15301(a). PROJECT LOCATION: 73495 Highway 111, Palm Desert, CA 92260 PROJECT DESCRIPTION: The project is a request to operate a 24-hour veterinary clinic/animal hospital use with a net floor area of approximately 4,837-square-feet within a building located at 73495 Highway 111 (Assessor’s Parcel Number 627-211-025). PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing on Tuesday, May 7, 2024. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/connect/committees-and-commissions/planning-commission. PUBLIC REVIEW: Information concerning the project is available for public review in the Development Services – Planning Division office at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours. Written comments may be submitted to the Planning Commission by letter to the address below or by email at planning@palmdesert.gov. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Nick Melloni, AICP, Principal Planner City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmellloni@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY April 26, 2024 PALM DESERT PLANNING COMMISSION 151 152 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: CUP24-0001 2. Project Applicant: Veterinary Emergency group 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 73495 Highway 111 located on Assessor’s Parcel Number (“APN”) 627-211-025 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: A conditional use permit request to operate 24-hour emergency animal clinic within an existing 4,837- square-foot building located within an existing developed shopping center. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: Veterinary Emergency Group 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: State CEQA Guidelines §15301 and §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: City staff has reviewed the Project in accordance with CEQA and determines that the Project is 153 Notice of Exemption FORM “B” categorically exempt from environmental review pursuant to Section 15301 Existing Facilities (“Class 1”) and Section 15303 New Construction or Conversion of Small Structures of the State CEQA guidelines (“Class 3”). Class 1 Categorical Exemptions apply to projects that consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Examples of these types of projects includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The project qualifies for the Class 1 Categorical Exemption as it proposes internal modifications to an existing structure with a floor area of 4,837-square-feet. These modifications include interior partitions and plumbing and electrical conveyances to support a veterinary use. Class 3 Categorical Exemptions apply to the installation of small new equipment in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. An example of the exemption includes, in urbanized areas, a “store, motel, office, restaurant or similar structure” not exceeding 10,000 sf in floor area on “sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and where the surrounding area is not environmentally sensitive.” The project qualifies for the Class 3 Categorical exemption as it proposes internal modifications to an existing structure with a floor area of 4,837-square-feet. CEQA Guidelines Section 15300.2 identifies a list of exceptions that preclude project eligibility for a Categorical Exemption. None of these exceptions apply to the project as outlined below: (a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located--a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and 154 Notice of Exemption FORM “B” officially adopted pursuant to law by federal, state, or local agencies. The project site is an existing building located within an existing urban area that has been developed for several years. This site has not been identified as an area of critical concern officially adopted pursuant to federal, state or local agencies. There is no potential that the project may impact a designated environmental resource of hazard or critical concern. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. There is no substantial evidence on the record that the Project would create a cumulative impact. There are no known projects proposing similar uses in the immediate Project vicinity. Therefore, it is not anticipated that any successive projects of the same type in the immediate vicinity would create cumulative impacts. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No unusual circumstances exist for the proposed project, project site or immediate vicinity. The project is proposing a new use to be located within an existing commercial structure. Further, it will incorporate tested design features to minimize odor, noise, and other potential concerns. Therefore, no fair argument or substantial evidence exists to suggest the Project would create a significant impact, nor can it be readily perceived that the Project would create a significant impact. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. The nearest designated scenic highway is Highway 155 Notice of Exemption FORM “B” 74 located approximately one-half (0.5) miles to the west of the project site. Due to the existing topography and developed land use pattern, the project site is not clearly visible from Highway 74. The project is proposed within an existing building which was previously reviewed and approved and does not propose any exterior modifications. Therefore, the project will not create a significant impact on existing scenic highways. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. According to the Department of Toxic Substance Control’s database of hazardous waste site, EnviroStor, neither the project site nor any properties in the vicinity have been identified as a hazardous waste site. Therefor, the project site does not create a significant impact due to the location of hazardous waste sites. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The project site has not been identified as a historic resource by local or state agencies, nor has the project site not been determined to be eligible for listing in the National Register of Historic Places or California Register of Historical Resources. Therefore, the Project would not adversely affect historic resources on the Project Site or in the vicinity. As outlined above, the project qualifies for a categorical exemption and none of the exceptions apply to the proposed project. The Planning Commission can make a finding that the project is exempt further environmental review. 10. Lead Agency Contact Person: Nick Melloni, Principal Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes  No If yes, the date of the public hearing was: May, 7, 2024 156 Notice of Exemption FORM “B” Signature: Date: May 7, 2024 Title: Principal Planner  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 157 158 Veterinary Emergency Group 73495 Highway 111, Palm Desert, CA 92260 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa ATTACHMENT A DESCRIPTION OF PROPOSED PROJECT Veterinary Emergency Group (“VEG” or “Applicant”) is requesting a Conditional Use Permit to allow a 24-hour, emergency animal clinic (the “Project”) to operate at 73495 Highway 111 in Palm Desert (the “City”), California 92260 (the “Property”), an existing building. 1. PROPERTY OVERVIEW The Property is located the southwest corner of Highway 111 and San Pablo Avenue, with entrances located along both (APN: 627-211-025). It is situated within an existing shopping center in the downtown area near various retail, dining, and commercial uses. It is a stand-alone building. The building is located in a shopping center at the northeast corner of Highway 111 and San Pablo Avenue with frontage along Highway 111. It is a stand-alone building with a net floor area of approximately 4,837 square feet (“sf”) surrounded by surface parking and other commercial structures. The Property was most recently used for a T-Mobile store – a commercial retail use. Surrounding the Property are a range of commercial uses. Located in the same shopping center are a range of dining (e.g., Jamba Juice, The Habit Burger Grill, the Coffee Bean & Tea Leaf), retail (e.g., Elizabeth & Prince, Lily Pulitzer) and service (e.g., California Closets, Orangetheory Fitness) uses. Across San Pablo to the east and across Highway 111 to the north are more dining, retail, and service uses, with residential uses beyond that. The Property is designated under the City’s General Plan Land Use Element as City Center/Downtown, which provides “high intensity mixed-use development anchored by civic, cultural, entertainment, retail and dining activity that features a variety of building sizes and housing choices.” (Page 38, General Plan.) It is zoned as Downtown Core Overlay (“D.O.”), which allows buildings up to four stories and no ground-floor residential uses. (PDMC § 25.18.030.) Animal clinics are permitted in the D. O. with approval of a Conditional Use Permit. (Ordinance 1405; PDMC § 25.72.020, Table 25.18-1.) 2. PROJECT DESCRIPTION The Project would bring a much-needed service to the City: a 24-hour emergency veterinary clinic, proposed for a central commercial space along the City’s primary commercial corridor. The Applicant requests approval of a Conditional Use Permit to allow the 24-hour emergency animal clinic with the Property’s existing building. The footprint, height, and scale of the existing structure on the Property will not change. The scope of the Project entails interior remodeling of a 4,837 sf of floor area and minor cosmetic upgrades to the building’s exterior. Interior renovations involve converting the existing layout to a space appropriate for emergency veterinary services. The revised interior will include pet treatment and staff areas across two floors. Most of the first- floor interior is dedicated to a general open-concept treatment area where pet owners can be with their pets during examinations. It also includes four private exam rooms, a quiet ward, an 159 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -2- isolation room, an x-ray room, a surgery room, a medical gas area, and additional space for storage, staff break areas, and two restrooms. The second floor includes a small office space and restroom. The building floor has one entrance on its southern side. The proposed Project will not involve kennels and will only serve domesticated pet animals. Potential noise from operations will be mitigated through use of insulation and soundproofing. The Applicant will install ceiling panels with a high Noise Reducing Coefficient (“NRC”) rating of 0.70, which means the ceiling panels will absorb 70% of the sound that hits them. In addition, the Applicant will place sound batt insulation above all ceiling tiles, which gives an overall effective NRC closer to 0.9 or 0.95, meaning 90% to 95% of sound that hits the ceiling is absorbed. Based on VEG’s experience in other markets, most sick and injured pets do not make significant, if any, noise when arriving or being treated at the veterinary hospital due to the level of illness/injury common in emergency situations. The Applicant will use an HVAC system to provide a positive/negative pressure and ventilation system to exhaust potential odors. Positive pressure systems will be used to push air from one space to another (e.g., supplying more air in a space than is taken away, such as in surgery rooms where sterility must be maintained). Negative pressure systems will be used to pull air out and away from a space (e.g., using exhaust fans to pull air away from bathrooms). The systems together will result in particulates, including odors, to be exhausted to the exterior of the building. All floor and wall finish materials will be washable and impervious, comprised of porcelain and ceramic tile with industrial-grade grout. Further, the Applicant will adhere to standard veterinary cleaning practices, including mopping floors and cleaning, disinfecting, and sterilizing all used equipment and apparatuses on a frequent basis. The building’s exterior will remain largely intact, with revised signage identifying the emergency veterinary services business. VEG would operate 24 hours a day, seven days a week to treat pet emergencies in the community. It anticipates approximately 8-10 employees on the premises per shift. Its employees and customers will park in the existing parking lot, with 12 exclusive spaces for VEG use in the front of the building adjacent to the main entrance. Moreover, an additional six spaces will be provided on the adjacent Property within the same shopping center, the El Paseo Plaza Development, under a similar agreement as existed to meet the parking needs of the T-Mobile. The Property’s prior T-Mobile retail use required an estimated three spaces per 1,000 sf for retail uses under the City’s off-street parking regulations. (PDMC § 25.46.040.) Animal hospitals are parked at the same parking ratio. (Id.) As such, existing parking will be sufficient. VEG operates best-in-class emergency veterinary care facilities nationwide, and now plans to bring its high level of care to Palm Desert. Its clinics provide a high-quality service where pet owners can reach the doctor over the phone or meet with the doctor upon entering the clinic. Pet owners can also stay with their pet during the entire treatment. VEG has a single mission: helping people and their pets when they need it most. VEG operates 24-hour veterinary clinics currently in 21 states and districts and in 64 locations. Many of these locations are within upscale shopping districts and centers, near or adjacent to restaurants, groceries, and other uses. VEG locations include facilities in Boulder, Colorado; Greenwich, Connecticut; Georgetown, D.C.; Cambridge, Mass.; and the Chelsea, Williamsburg, 160 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -3- and Upper East Side neighborhoods of New York City. In California, VEG operates in Encinitas, San Ramon, and, most recently, Santa Monica. The Project fills an important service gap for the City. The City has existing veterinary care clinics, but none apparently offer 24-hour services. Moreover, there are no apparent 24-hour emergency veterinary care clinics in the surrounding Coachella Velley—the nearest is the Veterinary Emergency Center located in Redlands, located approximately 61 miles away from the Property. VEG is looking to address this service gap within the City and region. The Project fits within the surrounding area. Not only is the Property is generally surrounded by compatible commercial uses, but its location near residential uses means it is well-situated near the families that will need VEG’s services. 161 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -4- ATTACHMENT B ACTION(S) REQUESTED ACTION #1: CONDITIONAL USE PERMIT • Authorizing Code Section: PDMC §§ 25.72.050 et al. • Action Requested, Narrative: A Conditional Use Permit to allow animal clinic uses. ACTION #2: CLASS 3 CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) • Authorizing Code Section: 14 CCR § 15303 • Action Requested: A request for an exemption from CEQA as a Class 3 Categorical Exemption, which applies to the installation of small new equipment and facilities in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 162 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -5- ATTACHMENT C FINDINGS The defined terms in the Property Overview apply to the below findings. 1. CONDITIONAL USE PERMIT The relevant findings for this proposed project under PDMC Section 25.72.050 are below. A. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The proposed Project is located within the Downtown Core Overlay (D.O.) zone within an existing commercial building. The D.O. zone permits buildings up to four stories and prohibits residential uses on the ground floor, with which the proposed conditional use complies. (PDMC § 25.18.030.) Further, the Downtown Districts, including the D.O. zone, are intended to provide a mixture of land uses including shops, workplaces, residences, and civic buildings within walking distance of one another. (PDMC § 25.18.010.) The proposed animal clinic use is compatible with this purpose with a Conditional Use Permit under the City’s zone text amendment approved on November 16, 2023. (Ordinance 1405; PDMC § 25.72.020, Table 25.18-1.). For these reasons, the proposed location of the conditional use is in accord with the objectives of the City’s zoning code and the purpose of Downtown Core Overlay district. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The location and conditions of the proposed animal clinic poses no detrimental effects to the public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity. The proposed use is permitted at the Project’s proposed location, subject to approval of the requested Conditional Use Permit. The Downtown Districts, including the D.O. zone, are intended to provide a mixture of land uses including shops, workplaces, residences, and civic buildings within walking distance. (PDMC § 25.18.010.) The proposed use is compatible with this purpose. Additionally, the proposed use will not disturb any surrounding uses. No animal boarding is proposed for the Project, and all hospital uses will occur indoors. Potential noise from operations will be mitigated through use of insulation and soundproofing. The Applicant will install ceiling panels with a high NRC rating of 0.70 and sound batt insulation above all ceiling tiles, which gives an overall effective NRC closer to 0.9 or 0.95. Based on VEG’s experience in other markets, most sick and injured pets do not make significant, if any, noise when arriving or being treated at the veterinary hospital due to the level of illness/injury common in emergency situations. 163 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -6- The Applicant will also use an HVAC system to provide a positive/negative pressure and ventilation system to exhaust potential odors. Positive pressure systems will be used to push air from one space to another. Negative pressure systems will be used to pull air out and away from a space. The systems together will result in particulates, including odors, to be exhausted to the exterior of the building. All floor and wall finish materials will be washable and impervious, comprised of porcelain and ceramic tile with industrial-grade grout. Further, the Applicant will adhere to standard veterinary cleaning practices which will prevent dust and flies, including mopping floors and cleaning, disinfecting, and sterilizing all used equipment and apparatuses on a frequent basis. Combined, these design features will ensure that the other units in the Property and the surrounding areas, including the nearby residential uses, will not be subject to any adverse impacts from this use. If anything, the location of a much-needed service not available elsewhere in the community within a busy commercial center and near residential units—which undoubtedly contain many occupants with pets—is a marked improvement on the current vacant unit. Further, the Project does not anticipate heavy vehicular traffic and will minimize any potential adverse impacts. Ultimately, the proposed Project is consistent with the purpose of the zone, and its proposed location of animal hospital uses is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located. Finally, the Project fills an important service gap for the City that will bring new community amenities to the area and will support a diverse local economy. The City currently has several veterinary care clinics, but none apparently offer 24-hour services. Moreover, there are no apparent 24-hour emergency veterinary care clinics in the surrounding Coachella Velley—the nearest is the Veterinary Emergency Center located in Redlands, located approximately 61 miles away from the Property. Therefore, the Project and proposed use, at the proposed location provides a net benefit to public health and welfare. For these reasons, the location and conditions of the proposed animal clinic poses no detrimental effects to the public health, safety, or welfare, nor will it be materially injurious to properties or improvements in the vicinity. C. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed conditional use, an animal clinic, will comply with each of the applicable provisions of the City’s zoning ordinance. The proposed use is permitted at the Project’s proposed location, subject to approval of the requested Conditional Use Permit under the City’s zone text amendment approved on November 16, 2023. (Ordinance 1405; PDMC § 25.72.020, Table 25.18-1.) The Downtown Districts, including the D.O. zone, are intended to provide a mixture of land uses including shops, workplaces, residences, and civic buildings within walking distance. (PDMC § 25.18.010.) The proposed use is compatible with these provisions. Further, the proposed animal clinic use is permitted with a Conditional Use Permit within the D.O. zone under the City’s ordinance approved on November 16, 2023. (Ordinance 1405; 164 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -7- PDMC § 25.72.020, Table 25.18-1.) Additionally, it complies with the updated use standards for animal clinics, which requires the following: 1. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted. 2. The entire use shall be conducted within a totally enclosed and airconditioned building. 3. Outdoor run areas shall be prohibited. 4. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet California Building Code requirements for interior decibel levels shall be submitted with the application for a discretionary permit. 5. All applications for veterinary uses shall provide a detailed plan for pet waste and medical waste disposal that will prevent odor issues arising. 6. Animal clinics within Downtown Districts shall only be permitted on properties with frontage along Highway 111. (PDMC § 25.34.210.) The Project meets all the above requirements: • First, the building is restricted entirely to medical treatment and incidental care, with a most of the space comprised of a general open-concept treatment area, four private exam rooms, a quiet ward, an isolation room, an x-ray room, a surgery room, and a medical gas area. All additional space is for staff use, storage, and restrooms. Pets will not be boarded at VEG, so no temporary boarding space is provided. • Second and third, the entire use is conducted within a totally enclosed and airconditioned building, with no outdoor run areas. The Applicant will use an HVAC system to provide a positive/negative pressure and ventilation system to exhaust potential odors. • Fourth, the building will be adequately soundproofed in compliance with California Building Code requirements. Potential noise from operations will be mitigated through use of insulation and soundproofing. The Applicant will install ceiling panels with a high NRC rating of 0.70, which means the ceiling panels will absorb 70% of the sound that hits them. In addition, the Applicant will place sound batt insulation above all ceiling tiles, which gives an overall effective NRC closer to 0.9 or 0.95, meaning 90% to 95% of sound that hits the ceiling is absorbed. The Applicant can provide additional evidence that the building will comply as needed. • Fifth, the Applicant will use an HVAC system to provide a positive/negative pressure and ventilation system to exhaust potential odors. Positive pressure systems will be used to push air from one space to another. Negative pressure systems will be used to pull air out 165 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -8- and away from a space. The systems together will result in particulates, including odors, to be exhausted to the exterior of the building. All floor and wall finish materials will be washable and impervious, comprised of porcelain and ceramic tile with industrial-grade grout. Further, the Applicant will adhere to standard veterinary cleaning practices which will prevent dust and flies, including mopping floors and cleaning, disinfecting, and sterilizing all used equipment and apparatuses on a frequent basis. • Sixth, the Property is located within a downtown district, the Downtown Core Overlay, and has frontage along Highway 111. Further, the Project complies with all development standards, including parking. As with the prior tenant, sufficient parking will be made available on the adjacent property within the same shopping center. Finally, it will be located within an existing commercial structure with no proposed floor area expansion that complied with all applicable zoning ordinances at the time it was constructed. All proposed renovations will comply with applicable performance and development standards. As such, the proposed conditional use, an animal clinic, will comply with each of the applicable provisions of the City’s zoning ordinance. D. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. The proposed conditional use, an animal clinic, complies with the goals, objectives, and policies of the City’s General Plan. The Property is designated under the City’s General Plan Land Use Element as City Center/Downtown, which provides “high intensity mixed-use development anchored by civic, cultural, entertainment, retail and dining activity that features a variety of building sizes and housing choices.” (Page 38, General Plan.) It allows a variety of land uses including “service” uses on the ground floors. (Id.) The proposed use fits this designation as part of a mixed-use community serving residents. More broadly, the proposed conditional use is consistent with the General Plan’s goals of ensuring the quality of life for the community. Additionally, the proposed use complies with the goals, objectives, and policies of the City’s Land Use Element, including: • Policy 1.6: Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features. • Goal 8: Economic Development. A diverse, growing, and resilient local economy. The Project fills an important service gap for the City that will bring new community amenities to the area and will support a diverse local economy. The City currently has several veterinary care clinics, but none apparently offer 24-hour services. Moreover, there are no apparent 24-hour emergency veterinary care clinics in the surrounding Coachella Velley—the nearest is the 166 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -9- Veterinary Emergency Center located in Redlands, located approximately 61 miles away from the Property. VEG is looking to address this service gap within the City. The Project fits within the surrounding area. Not only is the Property is generally surrounded by compatible commercial uses, but its location near residential uses means it is well-situated near the families that will need VEG’s services. For these reasons, the proposed conditional use, an animal clinic, complies with the goals, objectives, and policies of the City’s General Plan. 167 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -10- 2. CATEGORICAL EXEMPTION (CLASS 3) The Applicant requests that the City determine that the Project qualifies for a Class 3 categorical exemption, which applies to the installation of small new equipment and facilities in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. As analyzed below, the Project qualifies for a Class 3 exemption as it complies with its requirements, and because no exception applies to overcome the Project’s eligibility. A. The Proposed Project Qualifies for a Class 3 Categorical Exemption The Applicant requests that the City determine that the Project qualifies for a Class 3 exemption, which applies to the installation of small new equipment and facilities in small structures and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. An example of the exemption includes, in urbanized areas, a “store, motel, office, restaurant or similar structure” not exceeding 10,000 sf in floor area on “sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and where the surrounding area is not environmentally sensitive.” Here, the Project qualifies for a Class 3 Categorical Exemption. It would be located within an existing structure, with a floor area of approximately 4,837 sf—less than 10,000 sf—and only proposes installing small new equipment and converting an existing small structure from one use to another with minor modifications to the exterior. The Property is designated under the City’s General Plan Land Use Element as City Center/Downtown, which provides “high intensity mixed-use development anchored by civic, cultural, entertainment, retail and dining activity that features a variety of building sizes and housing choices.” (Page 38, General Plan.) It is zoned as Downtown Core Overlay (“D.O.”), which allows buildings up to four stories and no ground-floor residential uses. (PDMC § 25.18.030.) The proposed animal clinic is permitted at the Project’s proposed location, subject to approval of the requested Conditional Use Permit under the City’s zone text amendment approved on November 16, 2023. (Ordinance 1405; PDMC § 25.72.020, Table 25.18-1.) The proposed use will not require the use of significant amounts of hazardous substances, and the Project will be fully served by existing public services and facilities. Finally, the surrounding area is largely comprised of urban development, which is not environmentally sensitive. As such, a Class 3 Categorical Exemption is appropriate for the Project. B. No Exception Applies to Overcome the Project’s Eligibility for the Class 3 Categorical Exemption CEQA Guidelines Section 15300.2 lists exceptions which render a project ineligible for a categorical exemption that would otherwise apply. None of these exceptions apply to the Project for the reasons below. 168 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -11- (i) Location A categorical exemption for Classes 3, 4, 5, 6, and 11 if the project would ordinarily be insignificant in its impact on the environment, but is located in a particularly sensitive environment, rendering it significant. As such, an exemption exists where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Here, the Project is within an existing shopping center in a long-developed urban area, which is not a particularly sensitive environment. The Property is not included on any known federal, state, or local maps of environmental resource. As such, this exception does not apply. (ii) Cumulative Impact A categorical exemption shall not be used if the cumulative impact of successive projects of the same type in the same place, over time, is significant. There is no evidence that the Project would create a cumulative impact. There are no known projects proposing similar uses in the immediate Project vicinity. Moreover, any successive Project would be required to conduct its own project- level CEQA compliance. Therefore, it is not anticipated that any successive projects of the same type in the immediate vicinity would create cumulative impacts. (iii) Significant Effect/Unusual Circumstances A categorical exemption shall not be used if there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. An unusual circumstance may result if a project “has some feature that distinguishes it from others in the exempt class.” No unusual circumstances exist in this case. It is proposing a new use to be located within an existing commercial structure. Further, it will incorporate tested design features to minimize odor, noise, and other potential concerns. Therefore, no fair argument or substantial evidence exists to suggest the Project would create a significant impact, nor can it be readily perceived that the Project would create a significant impact. (iv) Scenic Highways A categorical exemption shall not be used for a project which may result in damage to scenic resources within a highway officially designated as a state scenic highway. There is no evidence that the Project may result in damage to scenic resources within a highway officially designated as a State scenic highway. The Property is not designated as being on a scenic highway. Although Highway 74, located approximately half a mile to the west of the Property, is designated as a scenic highway, the Property is not clearly visible from it. Even if it was, the proposed use would be located within an existing commercial structure in an existing commercial shopping center and proposes no expansion or significant exterior modification. Therefore, the Project does not create a significant impact on scenic highways. (v) Hazardous Waste Sites A categorical exemption shall not be used for a project located on a site which is included on a designated list of hazardous waste sites. According to Envirostor, the State of California's 169 4874-0059-4318.3 394012.00002/1-10-24/ksa/ksa -12- database of hazardous waste sites, neither the Property, nor any site in the vicinity, is identified as a hazardous waste site. Therefore, the Project does not create a significant impact due to the location of hazardous waste sites. (vi) Historic Resources A categorical exemption may not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The Property has not been identified as a historic resource by local or state agencies, nor has the Property not been determined to be eligible for listing in the National Register of Historic Places or California Register of Historical Resources. As such, the Project would not adversely affect historic resources on the Project Site or in the vicinity. Therefore, the Project qualifies for a Class 3 exemption as it complies with its requirements, and because no exception applies to overcome the Project’s eligibility. 170 12 VETERINARY EMERGENCY GROUP 73495 CA-111 PALM DESERT, CA 92260 OCCUPANCY -B BUSINESS NET FLOOR AREA: 4,837 SQ FT GROSS FLOOR AREA: 5854 SQ FT WATER LINE ELECTRIC LINE SEWER LINE GAS LINE 68' - 6"33' - 0 3/4"28' - 10 1/2"4' - 2 3/4"114' - 7 1/4" 6' - 3 1/4"3' - 7"33' - 5"27' - 9"33' - 3 1/4"10' - 4" TRANSFORMER BUILDING SETBACK TRASH CONTAINERS SAN PABLO AVE.CA-111SUNLODGE LN ADA RAMP MAIN ENTRANCE ADA RAMP ADA RAMP PROPERTY LINE 9' - 0 3/4"9' - 7"8' - 0"9' - 10 1/2"7' - 7 3/4"6' - 5"11' - 11"8' - 7 1/4"8' - 9"9' - 4 3/4"8' - 10 3/4"8' - 4 1/4" ADJACENT TENET CENTER LINECA-111PROPERTY LINE 146'-11" PROPERTY LINE 163'-1"PROPERTY LINE 81'-9"P R O P E R T Y L IN E 3 5 '-7 "PROPERTY LINE 24'-8" PROPERTY LINE 9'-6" PROPERTY LINE 7'-7" PROPERTY LINE 7'-5" 19' - 0" 15' - 11" 23' - 7" 22' - 10" 3 6' - 9 "5' - 9 1/2"24' - 11 1/2"35' - 4 1/2"8' - 0" 8' - 0" 2' - 9" PROJECT TEAM APPLICANT VETERINARY EMERGENCY GROUP 44 S BROADWAY, LL3 WHITE PLAINS, NY 10601 CONTACT: ASHLEY SHOULTS PHONE: 303.819.9763 E-MAIL: ASHLEYSHOULTS@VEG.VET ARCHITECT ABBOT STUDIOS architects + planners + designers, LLC 471 EAST BROAD STREET, SUITE 1700, COLUMBUS, OHIO 43215 CONTACT: ADAM DESUTTER PHONE: 614.461.0101 x236 EMAIL: ADESUTTER@ABBOTSTUDIOS.COM MEP ENGINEERING POINT ONE DESIGN, LTD. 2800 CORPORATE EXCHANGE DRIVE, SUITE 270 COLUMBUS, OHIO 43231 CONTACT: DAVE ULLIMAN PHONE: 614.540.3500 EMAIL: DULLIMAN@POINTONEDESIGN.COM PROPERTY OWNER EL PASEO PABLE, LLC c/o ALLIED DISTRICT PROPERTIES 180 N. STETSON AVENUE SUITE 3240 CHICAGO, IL 60601 CONTACT: PAUL GOODMAN PHONE: 312.310.0313 PROPERTY LINE LEGEND: SITE PLAN DESCRIPTIONSYMBOL BUILDING SETBACK EXTENTS OF TENANT SPACE EXTENTS OF ADJACENT SPACE EXISTING CONCRETE TO REMAIN EXISTING LANDSCAPE TO REMAIN ACCESSIBLE PATH ACCESSIBLE PARKING SPACE X NUMBER OF PARKING SPACES THE ARCHITECT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE USE OF THESE PLANS FOR ANY PROJECT OTHER THAN SPECIFICALLY AUTHORIZED BY THEM AND SIGNED AND SEALED FOR SUCH SPECIFIC LOCATION IN THE STATE SHOWN ON THE SEAL. THIS BUILDING USE IS ONLY APPLICABLE IN AREAS MEETING THE STATED DESIGN CRITERIA. SHEET SEAL/STAMP:SCALE:DRAWN:ABBOT STUDIOS architects + planners + designers, LLC 471 EAST BROAD STREET SUITE 1700 COLUMBUS, OHIO 43215 614.461.0101 ISSUANCEDATEZONING SUBMITTAL12/15/2023MICHAEL HERBERT LUTSCH, JR. LICENSE #28273 EXPIRATION 7/31/2024 As indicated12/15/2023 4:16:47 PMVETERINARY EMERGENCY GROUP73495 CA-111PALM DESERT, CA 92260Z1 4049-23-008SITE PLANLDSSITE DATA TABLE 73495 CA-111 PALM DESERT, CA 92260 BUILDING DATA BUILDING PEAK HEIGHT SITE PLAN GENERAL NOTES 1. ALL RETAINING/DETAINING WALLS, TURN-DOWN CURBS, TREE RETAINING WALLS ARE EXISTING TO REMAIN. 2. ALL ROOF-MOUNTED MECHANICAL UNITS AND/OR EQUIPMENT SHALL BE SCREENED FROM VIEW. 3. DUMPSTER LOCATION IS EXISTING TO REMAIN. 4. PARKING IS EXISTING TO REMAIN. 27'-6" 2 STORY VICINITY MAP PALM DESERT 3/64" = 1'-0"1 SITE PLAN NPARKING SUMMARY REFER TO DEVELOPMENT PLAN ON SHEET Z2 VETERINARY FACILITY RETAIL -GENERAL OFFICE 4 PER 1,000 SQ FT 3 PER 1,000 SQ FT MIN. STALLS REQUIRED PARKING CALCULATION NEW USE PARKING LOT COVERAGE CALCULATIONS (WITHIN PROPERTY LINES) 5,854 SQ FT (0.134 ACRE) 5,103 SQ FT (0.117 ACRE) 1,868 SQ FT (0.043 ACRE) LANDSCAPING 3 PER 1,000 SQ FT 2,325 SQ FT / 1000 *3 = 7 2,512 SQ FT / 1000 *4 = 11 PARKING BUILDING EXISTING USE PARKING 5,854 SQ FT / 1000 *3 = 17 GROSS SITE AREA 12,825 SQ FT (0.294 ACRE) 40% 15% 45% NET SITE AREA 9,259 SQ FT (0.213 ACRE) TOTAL 12,825 SQ FT (0.294 ACRE) PROJECT SITE 73495 CA-111 PALM DESERT, CA 92260 PROVIDED ON SITE TOTAL 18 12 (1 ACCESSIBLE) ADDITIONAL 6 PROVIDED BY PARKING AGREEMENT ON EL PASEO PLAZA DEVELOPMENT 18 TOTAL BIKE PARKING SUMMARY MIN. STALLS REQUIRED PARKING CALCULATION NEW USE SHORT TERM 5% OF REQUIRED PARKING, MIN OF 1 18 PARKING * 5% = 1EXISTING USE SHORT TERM PROVIDED ON SITE 0 BIKE PARKING PROVIDED BY PARKING AGREEMENT ON EL PASEO PLAZA DEVELOPMENT -10 TOTAL EXISTING USE LONG TERM NONE 5% OF REQUIRED PARKING, MIN OF 1 17 PARKING * 5% = 1 NEW USE LONG TERM VETRINARY EMERGENCY CLINIC ONLY BUILDING OVER 10 TENANT OCCUPANTS SHALL PROVIDE BIKE PARKING AT 5% PARKING REQUIREMENT TOTAL EMPLOYEES -9 NONE EL PASEO PLAZA DEVELOPMENT TOTAL 344 12 (1 ACCESSIBLE) ADDITIONAL 6 PROVIDED BY PARKING AGREEMENT ON EL PASEO PLAZA DEVELOPMENT 18 TOTAL 0 BIKE PARKING PROVIDED BY PARKING AGREEMENT ON EL PASEO PLAZA DEVELOPMENT -10 TOTAL 300 FT. RADIUS171 TRASH CONTAINERS DUMPSTER ENCLOSURE SHORT TERM BIKE STORAGE (1) SHORT TERM BIKE STORAGE (1) SHORT TERM BIKE STORAGE (1) SHORT TERM BIKE STORAGE (5) SHORT TERM BIKE STORAGE (1) VETERINARY EMERGENCY GROUP 73495 CA-111 PALM DESERT, CA 92260 VETERINARY USE 5,854 SF 12 32 EXISTING PARKING EXISTING PARKING 156 EXISTING PARKING 61 EXISTING PARKING ADJACENT TENANT(S) RESTURANT USE 3,725 SF ADJACENT TENANT(S) RESTAURANT USE 5,200 sf ADJACENT TENANT(S) RETAIL USE 28,500 SF ADJACENT TENANT(S) RETAIL USE 11,150 SF SHORT TERM BIKE STORAGE (1) ADJACENT TENANT(S) RESTURANT USE 9,500 SF ADJACENT TENANT(S) RESTURANT USE 7,500 SF THE ARCHITECT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE USE OF THESE PLANS FOR ANY PROJECT OTHER THAN SPECIFICALLY AUTHORIZED BY THEM AND SIGNED AND SEALED FOR SUCH SPECIFIC LOCATION IN THE STATE SHOWN ON THE SEAL. THIS BUILDING USE IS ONLY APPLICABLE IN AREAS MEETING THE STATED DESIGN CRITERIA. SHEET SEAL/STAMP:SCALE:DRAWN:ABBOT STUDIOS architects + planners + designers, LLC 471 EAST BROAD STREET SUITE 1700 COLUMBUS, OHIO 43215 614.461.0101 ISSUANCEDATEZONING SUBMITTAL12/15/2023MICHAEL HERBERT LUTSCH, JR. LICENSE #28273 EXPIRATION 7/31/2024 1/32" = 1'-0"12/15/2023 4:16:47 PMVETERINARY EMERGENCY GROUP73495 CA-111PALM DESERT, CA 92260Z2 4049-23-008DEVELOPMENT PLANAuthor1/32" = 1'-0"1 EL PASEO PLAZA DEVELOPMENT PLAN N172 1 OPEN OFFICE SPACE 200UTILITY 202 RESTROOM 201 9' - 3 1/2"15' - 0 1/2" 17' - 8 1/2"4' - 10 3/4"13' - 5"4' - 11 1/2"7' - 11"27' - 1"A 1 B VESTIBULE 100 ISOLATION 106 QUIET WARD 109 EXAM #4/RAD READ 111 RESTROOM 112 SURGERY 108 X-RAY 107 MED GAS 118 STORAGE/UTILITY 117 RESTROOM 116 STAFF BREAK ROOM 113 EXAM #1 104 EXAM #2 105 EXAM #3 110 TREATMENT 101 HALL 111 EMPLOYEE STORAGE 115 PACK/PREP 103 LAB/PHARMACY 102 UTILITY 114 UTILITY 119 SEATING NOOK LL METER 18' - 7 1/2"9' - 11 1/4"13' - 5"13' - 9 3/4"11' - 10"10' - 3 3/4"6' - 10 3/4"7' - 11 1/2"8' - 0 1/4"7' - 10"9' - 0 1/4"11' - 4" 10' - 3 1/4" 8' - 0 1/4" 4' - 1 3/4"16' - 9 3/4"16' - 2 3/4"1/2"6' - 8"13' - 9 3/4"6' - 7 3/4"16' - 4"16' - 9 3/4"10' - 9 1/2"4' - 5"9' - 0 1/2"5' - 0"14' - 10"26' - 7 3/4"13' - 1 1/2"13' - 2"1 3 ' - 0 1 /4 "1 2 ' - 7 1 /2 " 13' - 1 1/4" 13' - 0 1/2" 3' - 2 3/4 " THE ARCHITECT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE USE OF THESE PLANS FOR ANY PROJECT OTHER THAN SPECIFICALLY AUTHORIZED BY THEM AND SIGNED AND SEALED FOR SUCH SPECIFIC LOCATION IN THE STATE SHOWN ON THE SEAL. THIS BUILDING USE IS ONLY APPLICABLE IN AREAS MEETING THE STATED DESIGN CRITERIA. SHEET SEAL/STAMP:SCALE:DRAWN:ABBOT STUDIOS architects + planners + designers, LLC 471 EAST BROAD STREET SUITE 1700 COLUMBUS, OHIO 43215 614.461.0101 ISSUANCEDATEZONING SUBMITTAL12/15/2023MICHAEL HERBERT LUTSCH, JR. LICENSE #28273 EXPIRATION 7/31/2024 As indicated12/15/2023 4:16:48 PMVETERINARY EMERGENCY GROUP73495 CA-111PALM DESERT, CA 92260Z3 4049-23-008FLOOR PLANSAuthorN1/8" = 1'-0"2 LEVEL 2 3/16" = 1'-0"1 FLOOR PLAN 173 174 Page 1 of 2 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT MEETING DATE: May 7, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO AMEND AND ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.) RECOMMENDATION: Adopt Planning Resolution No. 2866 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL AMEND AND ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.)” BACKGROUND/ANALYSIS: The California Environmental Quality Act (“CEQA”), codified at Public Resources Code section 21000, et seq., is California’s most comprehensive environmental law. It generally requires public agencies to evaluate the environmental effects of their actions before they are taken. CEQA also aims to prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions. To this end, CEQA requires public agencies to adopt specific objectives, criteria and procedures for evaluating public and private projects that are undertaken or approved by such agencies. The City of Palm Desert has prepared a proposed updated set of Local CEQA Guidelines for 2024 in compliance with CEQA’s requirements, included as Exhibit A in the attached draft resolution. These Guidelines reflect recent changes to CEQA. These Local CEQA Guidelines also provide instructions and forms for preparing all environmental documents required under CEQA. These changes are summarized in the attached memorandum dated March 11, 2024 , and prepared by the City Attorney. Legal Review: This report has been reviewed by the City Attorney’s office. Environment Review: No environmental impact is anticipated from amending the Local CEQA Guidelines. City of Palm Desert’s adoption of the attached Resolution is not a project under State CEQA Guidelines section 15378(b)(5) because it involves an administrative activity and w ould not result in any environmental impacts. 175 City of Palm Desert – Planning Commission 2024 Local CEQA Guidelines Page 2 of 2 Public Input: Public Notification Public noticing was conducted for the May 7, 2024, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published on Friday, April 26, 2024, in The Desert Sun newspaper. No comments by the public were received as of April 30, 2024. ATTACHMENTS: 1. Draft Resolution No. 2866 2. Public Hearing Notice 3. Memorandum Summary of Changes to Local CEQA Guidelines 176 RESOLUTION NO. 2866 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL AMEND AND ADOPT LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Palm Desert must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines. WHEREAS, on May 7th, 2024, the Planning Commission conducted a duly noticed public meeting on this Resolution, at which time all persons wishing to testify were heard and the Action was fully considered; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said action: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Recommendation. The Planning Commission hereby recommends the City Council adopt a Resolution approving the following: 1. The City adopts the “2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert,” attached hereto as Exhibit A. A copy of said document is on file at the offices of the City and is available for inspection by the public. 2. All prior actions of the City enacting earlier guidelines are hereby repealed. 177 SECTION 3. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. ADOPTED ON May 7, 2024. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. 2866 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on May 7, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on May ___, 2024. RICHARD D. CANNONE, AICP SECRETARY 178 2024 LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CITY OF PALM DESERT 179 TABLE OF CONTENTS Page -i- 1. GENERAL PROVISIONS, PURPOSE AND POLICY. ................................................ 1-1 1.01 General Provisions. ............................................................................................. 1-1 1.02 Purpose. ............................................................................................................... 1-1 1.03 Applicability. ...................................................................................................... 1-1 1.04 Reducing Delay and Paperwork. ......................................................................... 1-2 1.05 Compliance With State Law. .............................................................................. 1-2 1.06 Terminology. ....................................................................................................... 1-3 1.07 Partial Invalidity.................................................................................................. 1-3 1.08 Electronic Delivery of Comments and Notices. ................................................. 1-3 1.09 The City May Charge Reasonable Fees For Reproducing Environmental Documents. ......................................................................................................... 1-3 1.10 Time of Preparation ............................................................................................ 1-4 1.11 State Agency Furloughs. ..................................................................................... 1-5 2. LEAD AND RESPONSIBLE AGENCIES .................................................................... 2-1 2.01 Lead Agency Principle. ....................................................................................... 2-1 2.02 Selection of Lead Agency. .................................................................................. 2-1 2.03 Duties of a Lead Agency..................................................................................... 2-1 2.04 CEQA Determinations Made by Non-Elected Body; Procedure to Appeal Such Determinations. .......................................................................................... 2-3 2.05 Projects Relating to Development of Hazardous Waste and Other Sites. .......... 2-3 2.06 Responsible Agency Principle. ........................................................................... 2-4 2.07 Duties of a Responsible Agency. ........................................................................ 2-4 2.08 Response to Notice of Preparation by Responsible Agencies. ........................... 2-4 2.09 Use of Final EIR or Negative Declaration by Responsible Agencies. ............... 2-5 2.10 Shift in Lead Agency Responsibilities. ............................................................... 2-5 3. ACTIVITIES EXEMPT FROM CEQA ......................................................................... 3-1 3.01 Actions Subject to CEQA. .................................................................................. 3-1 3.02 Ministerial Actions.............................................................................................. 3-1 3.03 Exemptions in General. ....................................................................................... 3-2 3.04 Notice of Exemption. .......................................................................................... 3-2 3.05 Disapproved Projects. ......................................................................................... 3-3 180 TABLE OF CONTENTS (continued) Page -ii- 3.06 Projects with No Possibility of Significant Effect. ............................................. 3-4 3.07 Emergency Projects. ........................................................................................... 3-4 3.08 Feasibility and Planning Studies. ........................................................................ 3-4 3.09 Rates, Tolls, Fares, and Charges. ........................................................................ 3-5 3.10 Pipelines within a Public Right-of-Way and Less Than One Mile in Length. ................................................................................................................ 3-5 3.11 Pipelines of Less Than Eight Miles in Length. ................................................... 3-5 3.12 Certain Residential Housing Projects. ................................................................ 3-7 3.13 Minor Alterations to Fluoridate Water Utilities................................................ 3-14 3.14 Ballot Measures. ............................................................................................... 3-14 3.15 Transit Priority Project. ..................................................................................... 3-14 3.16 Certain Infill Projects ........................................................................................ 3-15 3.17 Exemption for Infill Projects In Transit Priority Areas .................................... 3-17 3.18 Exemption for Residential Projects Undertaken Pursuant to a Specific Plan ... 3-17 3.19 Transfer of Land for The Preservation of Natural Conditions .......................... 3-18 3.20 Transit Prioritization Projects. .......................................................................... 3-18 3.21 Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans. ..... 3-20 3.22 Water System Wells and Domestic Well Projects ............................................ 3-21 3.23 Small Disadvantaged Community Water System and State Small Water System. .............................................................................................................. 3-23 3.24 Conservation and Restoration of California Native Fish and Wildlife. ............ 3-23 3.25 Linear Broadband Deployment in a Right-of-Way. ......................................... 3-24 3.26 Needle and Syringe Exchange Services. ........................................................... 3-25 3.27 Other Specific Exemptions. .............................................................................. 3-26 3.28 Categorical Exemptions. ................................................................................... 3-26 4. TIME LIMITATIONS .................................................................................................... 4-1 4.01 Review of Private Project Applications. ............................................................. 4-1 4.02 Determination of Type of Environmental Document. ........................................ 4-1 4.03 Completion and Adoption of Negative Declaration. .......................................... 4-1 4.04 Completion and Certification of Final EIR. ........................................................ 4-1 4.05 Projects Subject to the Permit Streamlining Act................................................. 4-2 181 TABLE OF CONTENTS (continued) Page -iii- 4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval. ....................................................................... 4-2 4.07 Waiver or Suspension of Time Periods. ............................................................. 4-3 5. INITIAL STUDY............................................................................................................ 5-1 5.01 Preparation of Initial Study. ................................................................................ 5-1 5.02 Informal Consultation with Other Agencies. ...................................................... 5-1 5.03 Consultation with Private Project Applicant....................................................... 5-2 5.04 Projects Subject to NEPA. .................................................................................. 5-2 5.05 An Initial Study. .................................................................................................. 5-3 5.06 Contents of Initial Study. .................................................................................... 5-4 5.07 Use of a Checklist Initial Study. ......................................................................... 5-4 5.08 Evaluating Significant Environmental Effects. ................................................... 5-5 5.09 Determining the Significance of Transportation Impacts ................................... 5-6 5.10 Mandatory Findings of Significant Effect. ......................................................... 5-7 5.11 Mandatory Preparation of an EIR for Waste-Burning Projects. ......................... 5-8 5.12 Development Pursuant To An Existing Community Plan And EIR. .................. 5-9 5.13 Land Use Policies. ............................................................................................ 5-10 5.14 Evaluating Impacts on Historical Resources. ................................................... 5-10 5.15 Evaluating Impacts on Archaeological Sites. ................................................... 5-11 5.16 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 5-12 5.17 Subdivisions with More Than 500 Dwelling Units. ......................................... 5-14 5.18 Impacts to Oak Woodlands. .............................................................................. 5-15 5.19 Climate Change And Greenhouse Gas Emissions. ........................................... 5-15 5.20 Energy Conservation. ........................................................................................ 5-19 5.21 Environmental Impact Assessment. .................................................................. 5-20 5.22 Final Determination. ......................................................................................... 5-20 6. NEGATIVE DECLARATION ....................................................................................... 6-1 6.01 Decision to Prepare a Negative Declaration. ...................................................... 6-1 6.02 Decision to Prepare a Mitigated Negative Declaration....................................... 6-1 6.03 Contracting for Preparation of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1 182 TABLE OF CONTENTS (continued) Page -iv- 6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1 6.05 Projects Affecting Military Services; Department of Defense Notification. ...... 6-4 6.06 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ..................................................................................... 6-4 6.07 Consultation with California Native American Tribes. ...................................... 6-5 6.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 6-7 6.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 6-8 6.10 Posting and Publication of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-9 6.11 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse. ......................................................................................... 6-10 6.12 Special Notice Requirements for Waste- and Fuel-Burning Projects. .............. 6-12 6.13 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 6-13 6.14 Content of Negative Declaration or Mitigated Negative Declaration. ............. 6-13 6.15 Types of Mitigation........................................................................................... 6-13 6.16 Adoption of Negative Declaration or Mitigated Negative Declaration. ........... 6-14 6.17 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration. ....................................................................................................... 6-14 6.18 Approval or Disapproval of Project. ................................................................. 6-15 6.19 Recirculation of a Negative Declaration or Mitigated Negative Declaration. ....................................................................................................... 6-16 6.20 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved. ..................................... 6-16 6.21 Addendum to Negative Declaration or Mitigated Negative Declaration. ......... 6-18 6.22 Subsequent Negative Declaration or Mitigated Negative Declaration. ............ 6-18 6.23 Private Project Costs. ........................................................................................ 6-19 6.24 Filing Fees for Projects That Affect Wildlife Resources. ................................. 6-19 7. ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1 7.01 Decision to Prepare an EIR. ................................................................................ 7-1 7.02 Contracting for Preparation of EIRs. .................................................................. 7-1 7.03 Notice of Preparation of Draft EIR. .................................................................... 7-1 183 TABLE OF CONTENTS (continued) Page -v- 7.04 Special Notice Requirements for Affected Military Agencies ........................... 7-3 7.05 Environmental Leadership Development Project. .............................................. 7-3 7.06 Preparation of Draft EIR. .................................................................................... 7-6 7.07 Consultation with California Native American Tribes. ...................................... 7-6 7.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 7-7 7.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 7-9 7.10 Consultation with Other Agencies and Persons. ................................................. 7-9 7.11 Early Consultation on Projects Involving Permit Issuance............................... 7-11 7.12 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 7-11 7.13 Airport Land Use Plan. ..................................................................................... 7-12 7.14 General Aspects of an EIR. ............................................................................... 7-12 7.15 Use of Registered Consultants in Preparing EIRs. ........................................... 7-12 7.16 Incorporation by Reference............................................................................... 7-13 7.17 Standards for Adequacy of an EIR. .................................................................. 7-13 7.18 Form and Content of EIR. ................................................................................. 7-14 7.19 Consideration and Discussion of Significant Environmental Impacts. ............ 7-15 7.20 Environmental Setting ...................................................................................... 7-16 7.21 Analysis of Cumulative Impacts. ...................................................................... 7-17 7.22 Analysis of Mitigation Measures. ..................................................................... 7-19 7.23 Analysis of Alternatives in an EIR. .................................................................. 7-21 7.24 Analysis of Future Expansion. .......................................................................... 7-23 7.25 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR. ....... 7-23 7.26 Submission of Draft EIR to State Clearinghouse. ............................................ 7-26 7.27 Special Notice Requirements for Waste- And Fuel-Burning Projects. ............. 7-27 7.28 Time For Review of Draft EIR; Failure to Comment. ...................................... 7-28 7.29 Public Hearing on Draft EIR............................................................................. 7-29 7.30 Response to Comments on Draft EIR. .............................................................. 7-29 7.31 Preparation and Contents of Final EIR. ............................................................ 7-30 7.32 Recirculation When New Information Is Added to EIR. .................................. 7-30 184 TABLE OF CONTENTS (continued) Page -vi- 7.33 Certification of Final EIR. ................................................................................ 7-32 7.34 Consideration of EIR Before Approval or Disapproval of Project. .................. 7-32 7.35 Findings............................................................................................................. 7-32 7.36 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ................................................................................... 7-33 7.37 Statement of Overriding Considerations. .......................................................... 7-34 7.38 Mitigation Monitoring or Reporting Program for EIR. .................................... 7-35 7.39 Notice of Determination. .................................................................................. 7-37 7.40 Disposition of a Final EIR. ............................................................................... 7-38 7.41 Private Project Costs. ........................................................................................ 7-38 7.42 Filing Fees for Projects That Affect Wildlife Resources. ................................. 7-38 8. TYPES OF EIRS............................................................................................................. 8-1 8.01 EIRs Generally. ................................................................................................... 8-1 8.02 Tiering. ................................................................................................................ 8-1 8.03 Project EIR. ......................................................................................................... 8-2 8.04 Subsequent EIR. .................................................................................................. 8-3 8.05 Supplemental EIR. .............................................................................................. 8-4 8.06 Addendum to an EIR. ......................................................................................... 8-4 8.07 Staged EIR. ......................................................................................................... 8-4 8.08 Program EIR. ...................................................................................................... 8-5 8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations. ........ 8-5 8.10 Use of an EIR from an Earlier Project. ............................................................... 8-6 8.11 Master EIR. ......................................................................................................... 8-6 8.12 Focused EIR. ....................................................................................................... 8-8 8.13 Special Requirements for Redevelopment Projects. ........................................... 8-9 9. AFFORDABLE HOUSING ........................................................................................... 9-1 9.01 Streamlined, ministerial approval process for affordable housing projects ........ 9-1 9.02 Ministerial approval process for urban lot splits and housing developments with no more than two residential units within a single-family residential zone (SB 9) ....................................................................................................... 9-22 9.03 Approval of ordinance to zone any parcel for up to 10 units of residential density per parcel in certain circumstances (SB 10) ......................................... 9-26 185 TABLE OF CONTENTS (continued) Page -vii- 9.04 Housing Sustainability Districts. ...................................................................... 9-27 9.05 Interim Motel Housing Projects. ....................................................................... 9-28 9.06 Supportive Housing And “No Place Like Home” Projects. ............................. 9-28 9.07 Shelter Crisis and Emergency Housing. ........................................................... 9-29 9.08 Affordable Housing Developments in Commercial Zones. .............................. 9-29 9.09 Mixed-Income Housing Developments Along Commercial Corridors. ........... 9-31 10. CEQA LITIGATION .................................................................................................... 10-1 10.01 Timelines........................................................................................................... 10-1 10.02 Mediation and Settlement. ................................................................................ 10-1 10.03 Administrative Record. ..................................................................................... 11-1 11. DEFINITIONS .............................................................................................................. 11-1 11.01 “Agricultural Employee” .................................................................................. 11-1 11.02 “Applicant” ....................................................................................................... 11-1 11.03 “Approval” ........................................................................................................ 11-1 11.04 “Baseline” ......................................................................................................... 11-2 11.05 “California Native American Tribe” ................................................................. 11-2 11.06 “Categorical Exemption” .................................................................................. 11-2 11.07 “Census-Defined Place”.................................................................................... 11-2 11.08 “CEQA” ............................................................................................................ 11-2 11.09 “City” ................................................................................................................ 11-2 11.10 “Clerk” .............................................................................................................. 11-2 11.11 “Community-Level Environmental Review” ................................................... 11-2 11.12 “Consultation”................................................................................................... 11-3 11.13 “Cumulative Impacts” ....................................................................................... 11-3 11.14 “Cumulatively Considerable” ........................................................................... 11-3 11.15 “Decision-Making Body” ................................................................................. 11-3 11.16 “Developed Open Space” ................................................................................. 11-3 11.17 “Development Project” ..................................................................................... 11-3 11.18 “Discretionary Project” ..................................................................................... 11-4 11.19 “EIR”................................................................................................................. 11-4 11.20 “Emergency” .................................................................................................... 11-4 186 TABLE OF CONTENTS (continued) Page -viii- 11.21 “Endangered, Rare or Threatened Species” ...................................................... 11-4 11.22 “Environment” .................................................................................................. 11-4 11.23 “Feasible” .......................................................................................................... 11-5 11.24 “Final EIR” ....................................................................................................... 11-5 11.25 “Greenhouse Gases” ......................................................................................... 11-5 11.26 “Guidelines” or “Local Guidelines” ................................................................. 11-5 11.27 “Highway” ........................................................................................................ 11-5 11.28 “Historical Resources” ...................................................................................... 11-5 11.29 “Infill Site” ........................................................................................................ 11-6 11.30 “Initial Study” ................................................................................................... 11-6 11.31 “Jurisdiction by Law” ....................................................................................... 11-7 11.32 “Land Disposal Facility”................................................................................... 11-7 11.33 “Large Treatment Facility” ............................................................................... 11-7 11.34 “Lead Agency”.................................................................................................. 11-7 11.35 “Low- and Moderate-Income Households” ...................................................... 11-7 11.36 “Low-Income Households” .............................................................................. 11-7 11.37 “Low-Level Flight Path”................................................................................... 11-7 11.38 “Lower Income Households” ............................................................................ 11-8 11.39 “Major Transit Stop”......................................................................................... 11-8 11.40 “Metropolitan Planning Organization” or “MPO”. .......................................... 11-8 11.41 “Military Impact Zone”..................................................................................... 11-8 11.42 “Military Service” ............................................................................................. 11-8 11.43 “Ministerial” ..................................................................................................... 11-8 11.44 “Mitigated Negative Declaration” or “MND” .................................................. 11-9 11.45 “Mitigation” ...................................................................................................... 11-9 11.46 “Negative Declaration” or “ND” ...................................................................... 11-9 11.47 “Notice of Completion” .................................................................................... 11-9 11.48 “Notice of Determination” ................................................................................ 11-9 11.49 “Notice of Exemption” ..................................................................................... 11-9 11.50 “Notice of Preparation”..................................................................................... 11-9 11.51 “Oak” .............................................................................................................. 11-10 187 TABLE OF CONTENTS (continued) Page -ix- 11.52 “Oak Woodlands” ........................................................................................... 11-10 11.53 “Offsite Facility” ............................................................................................. 11-10 11.54 “Person” .......................................................................................................... 11-10 11.55 “Pipeline” ........................................................................................................ 11-10 11.56 “Private Project” ............................................................................................. 11-10 11.57 “Project” .......................................................................................................... 11-10 11.58 “Project-Specific Effects” ............................................................................... 11-11 11.59 “Public Water System” ................................................................................... 11-11 11.60 “Qualified Urban Use” .................................................................................... 11-11 11.61 “Residential” ................................................................................................... 11-11 11.62 “Responsible Agency” .................................................................................... 11-11 11.63 “Riparian areas” .............................................................................................. 11-11 11.64 “Roadway” ...................................................................................................... 11-12 11.65 “Significant Effect” ......................................................................................... 11-12 11.66 “Significant Value as a Wildlife Habitat” ....................................................... 11-12 11.67 “Special Use Airspace” ................................................................................... 11-12 11.68 “Staff” ............................................................................................................. 11-12 11.69 “Standard” ....................................................................................................... 11-12 11.70 “State CEQA Guidelines” ............................................................................... 11-13 11.71 “Substantial Evidence” ................................................................................... 11-13 11.72 “Sustainable Communities Strategy” .............................................................. 11-13 11.73 “Tiering” ......................................................................................................... 11-13 11.74 “Transit Priority Area” .................................................................................... 11-14 11.75 “Transit Priority Project” ................................................................................ 11-14 11.76 “Transportation Facilities” .............................................................................. 11-14 11.77 “Tribal Cultural Resources” ............................................................................ 11-14 11.78 “Trustee Agency”............................................................................................ 11-15 11.79 “Urban Growth Boundary” ............................................................................. 11-15 11.80 “Urbanized Area”............................................................................................ 11-15 11.81 “Water Acquisition Plans” .............................................................................. 11-16 11.82 “Water Assessment” or “Water Supply Assessment” .................................... 11-16 188 TABLE OF CONTENTS (continued) Page -x- 11.83 “Water Demand Project” ................................................................................ 11-16 11.84 “Waterway”..................................................................................................... 11-17 11.85 “Wetlands” ...................................................................................................... 11-17 11.86 “Wildlife Habitat” ........................................................................................... 11-17 11.87 “Zoning Approval” ........................................................................................ 11-18 12. FORMS ......................................................................................................................... 12-1 13. COMMON ACRONYMS ............................................................................................ 13-1 189 Local Guidelines for Implementing the California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY. 2024 City of Palm Desert Local Guidelines 1-1 ©Best Best & Krieger LLP LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (2024) 1. GENERAL PROVISIONS, PURPOSE AND POLICY. 1.01 GENERAL PROVISIONS. These Local Guidelines (“Local Guidelines”) are to assist the City of Palm Desert (“City”) in implementing the provisions of the California Environmental Quality Act (“CEQA”). These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA (“State CEQA Guidelines”), which have been promulgated by the California Natural Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code section 21082. 1.02 PURPOSE. The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA: (a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian; (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project; (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project; (d) To identify ways that environmental damage can be avoided or significantly reduced; (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and (f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency’s activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 1.03 APPLICABILITY. These Local Guidelines apply to any activity that constitutes a “project,” as defined in Local Guidelines Section 11.57, for which the City is the Lead Agency or a Responsible Agency. These Local Guidelines are also intended to assist the City in determining whether a proposed 190 Local Guidelines for Implementing the California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY. 2024 City of Palm Desert Local Guidelines 1-2 ©Best Best & Krieger LLP activity constitutes a project that is subject to CEQA review, or whether the activity is exempt from CEQA. 1.04 REDUCING DELAY AND PAPERWORK. The State CEQA Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things: (a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively; (b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; (c) Using initial studies to identify significant environmental issues and to narrow the scope of Environmental Impact Reports (EIRs); (d) Using a Negative Declaration when a project, not otherwise exempt, will not have a significant effect on the environment; (e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; (g) Integrating CEQA requirements with other environmental review and consultation requirements; (h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; (i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (l) Preparing analytic, rather than encyclopedic, EIRs; (m) Mentioning insignificant issues only briefly; (n) Writing EIRs in plain language; (o) Following a clear format for EIRs; (p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material; (q) Incorporating information by reference; and (r) Making comments on EIRs as specific as possible. 1.05 COMPLIANCE WITH STATE LAW. These Local Guidelines are intended to implement the provisions of CEQA and the State CEQA Guidelines, and the provisions of CEQA and the State CEQA Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 191 Local Guidelines for Implementing the California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY. 2024 City of Palm Desert Local Guidelines 1-3 ©Best Best & Krieger LLP 1.06 TERMINOLOGY. The terms “must” or “shall” identify mandatory requirements. The terms “may” and “should” are permissive, with the particular decision being left to the discretion of the City. 1.07 PARTIAL INVALIDITY. In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions that can be separated from the invalid unenforceable provisions shall continue in full force and effect. 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. Individuals may file a written request to receive copies of public notices provided for under these Local Guidelines or the State CEQA Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it to the last email address provided by the requestor to the City. Any request to receive public notices shall be in writing and shall be renewed annually. Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the City via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. The City must also post certain environmental documents (such as Draft and Final Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) on its website, if any. (Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.) 1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL DOCUMENTS. A public agency may charge and collect a reasonable fee from members of the public that request a copy of an environmental document, so long as the fee does not exceed the cost of reproduction. The kinds of “environmental documents” that CEQA specifically allows public agencies to seek reimbursement for include: initial studies, negative declarations, mitigated negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, negative declaration, or mitigated negative declaration. The City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated Negative Declarations, Draft EIRs, Final EIRs, and notices relating to these documents) available to the public-at-large on its website. Requests for documents made pursuant to the California Public Records Act must comply with the Government Code. (See, for example, 192 Local Guidelines for Implementing the California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY. 2024 City of Palm Desert Local Guidelines 1-4 ©Best Best & Krieger LLP Government Code section 7922.570 for information regarding providing documents in electronic format.) 1.10 TIME OF PREPARATION Before granting any approval of a non-exempt project subject to CEQA, the Lead Agency or Responsible Agency shall consider either (1) a Final EIR, (2) a Negative Declaration, (3) a Mitigated Negative Declaration, or (4) another document authorized by the State CEQA Guidelines to be used in the place of an EIR or Negative Declaration (e.g., an Addendum, a Supplemental EIR, a Subsequent EIR, etc.). Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs, Negative Declarations, and Mitigated Negative Declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment. With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project. To implement the above principles, the City shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, the City shall not: (A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the City has made any final purchase of the site for these facilities, except that the City may designate a preferred site for CEQA review and may enter into land acquisition agreements when the City has conditioned its future use of the site on CEQA compliance. (B) Otherwise take any action that gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project. With private projects, the City shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time. While mere interest in, or inclination to support, a project does not constitute approval, a public agency entering into preliminary agreements regarding a project prior to approval shall not, as a practical matter, commit the agency to the project. For example, the City shall not grant any vested development entitlements prior to compliance with CEQA. Further, any such pre- approval agreement should, for example: (A) Condition the agreement on compliance with CEQA; 193 Local Guidelines for Implementing the California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY. 2024 City of Palm Desert Local Guidelines 1-5 ©Best Best & Krieger LLP (B) Not bind any party, or commit any party, to a definite course of action prior to CEQA compliance; (C) Not restrict the Lead Agency from considering any feasible mitigation measures and alternatives, including the “no project” alternative; and (D) Not restrict the Lead Agency from denying the project. The City’s environmental document preparation and review should be coordinated in a timely fashion with the City’s existing planning, review, and project approval processes. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively. (See State CEQA Guidelines, § 15004; Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116.) 1.11 STATE AGENCY FURLOUGHS. Due to budget concerns, the State may institute mandatory furlough days for state government agencies. Local agencies may also change their operating hours. Because state and local agencies may enact furloughs that limit their operating hours, if the City has time-sensitive materials or needs to consult with a state agency, the City should check with the applicable state agency office or with the City’s attorney to ensure compliance with all applicable deadlines. 194 Local Guidelines for Implementing the California Environmental Quality Act (2024) LEAD AND RESPONSIBLE AGENCIES 2024 City of Palm Desert Local Guidelines 2-1 ©Best Best & Krieger LLP 2. LEAD AND RESPONSIBLE AGENCIES 2.01 LEAD AGENCY PRINCIPLE. The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents. This agency shall be called the Lead Agency. (Reference: State CEQA Guidelines, §§ 15050, 15367.) 2.02 SELECTION OF LEAD AGENCY. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency; or (b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a city that will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency that acts first on the project will normally be the Lead Agency. If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Planning and Research. Within 21 days of receiving the request, the Office of Planning and Research will designate the Lead Agency. The Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute. A “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document. (Reference: State CEQA Guidelines, § 15051.) 2.03 DUTIES OF A LEAD AGENCY. As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve 195 Local Guidelines for Implementing the California Environmental Quality Act (2024) LEAD AND RESPONSIBLE AGENCIES 2024 City of Palm Desert Local Guidelines 2-2 ©Best Best & Krieger LLP the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract with the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City, however, may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time period. (Pub. Resources Code, § 21151.5; see also Local Guidelines Section 7.02.) During the process of preparing an EIR, the City, as Lead Agency, shall have the following duties: (a) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the City shall begin consultation with the California Native American tribes (see Local Guidelines Section 7.07); (b) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Planning and Research and each Responsible Agency a Notice of Preparation (Form “G”) stating that an EIR will be prepared (see Local Guidelines Section 7.03); (c) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City shall begin consultation with the tribe consistent with California law and Local Guidelines Section 7.07; (d) The City shall prepare or cause to be prepared the Draft EIR for the project (see Local Guidelines Sections 7.06 and 7.18); (e) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form “H”) with the Office of Planning and Research (see Local Guidelines Section 7.25); (f) The City shall consult with state, federal and local agencies that exercise authority over resources that may be affected by the project for their comments on the completed Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.16, Section 7.26); (g) The City shall provide public notice of the availability of a Draft EIR (Form “K”) at the same time that it sends a Notice of Completion to the Office of Planning and Research (see Local Guidelines Section 7.25); (h) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR (see Local Guidelines Section 7.30); (i) The City shall prepare or cause to be prepared a Final EIR before approving the project (see Local Guidelines Section 7.31); (j) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council (see Local Guidelines Section 7.33); and (k) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections 2.07, 7.30 and 7.31). 196 Local Guidelines for Implementing the California Environmental Quality Act (2024) LEAD AND RESPONSIBLE AGENCIES 2024 City of Palm Desert Local Guidelines 2-3 ©Best Best & Krieger LLP 2.04 CEQA DETERMINATIONS MADE BY NON-ELECTED BODY; PROCEDURE TO APPEAL SUCH DETERMINATIONS. As Lead Agency, the City may charge a non-elected decisionmaking body with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents. Any such determination, however, shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non-elected body to the City Council. In the absence of a procedure governing such appeal, any CEQA determination made by a non-elected decisionmaker shall be appealable to the City Council within ten (10) days of the non-elected decisionmaker’s determination. If the non-elected decisionmaker’s CEQA determination is not timely appealed as set forth herein, the non-elected decisionmaker’s determination shall be final. In the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal as set forth above. (Reference: State CEQA Guidelines, §§ 15061(e), 15074(f), 15090(b).) 2.05 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES. An applicant for a development project must submit a signed statement to the City, as Lead Agency, stating whether the project and any alternatives are located on a site that is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency (“California EPA”) listing hazardous waste sites and other specified sites located in the City’s boundaries. The applicant’s statement must contain the following information: (a) The applicant’s name, address, and phone number; (b) Address of site, and local agency (city/county); (c) Assessor’s book, page, and parcel number; and (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Local Guidelines Section 11.16, the City, as Lead Agency, shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, that includes the project site, and shall provide the information contained in the applicant’s statement. (Reference: Gov. Code, § 65962.5.) 197 Local Guidelines for Implementing the California Environmental Quality Act (2024) LEAD AND RESPONSIBLE AGENCIES 2024 City of Palm Desert Local Guidelines 2-4 ©Best Best & Krieger LLP 2.06 RESPONSIBLE AGENCY PRINCIPLE. When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency that have discretionary approval power over the project shall be identified as Responsible Agencies. 2.07 DUTIES OF A RESPONSIBLE AGENCY. When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs, Negative Declarations, and Mitigated Negative Declarations. Comments shall be limited to those project activities that are within the City’s area of expertise or are required to be carried out or approved by the City or are subject to the City’s powers. As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures that would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures that would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City, when acting as a Responsible Agency, shall be limited to measures that mitigate impacts to resources that are within the City’s authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. (Reference: State CEQA Guidelines, § 15096.) 2.08 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES. Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City’s area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation that the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail, email, or any other method of transmittal that provides it with a record that the response was received. The Lead Agency shall incorporate this information into the EIR. (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15103.) 198 Local Guidelines for Implementing the California Environmental Quality Act (2024) LEAD AND RESPONSIBLE AGENCIES 2024 City of Palm Desert Local Guidelines 2-5 ©Best Best & Krieger LLP 2.09 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES. The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or Negative Declaration before acting upon or approving a proposed project. As a Responsible Agency, the City must independently review and consider the adequacy of the Lead Agency’s environmental documents prior to approving any portion of the proposed project. In certain instances, the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City’s role in carrying out the project shall be adopted. Findings that are relevant to the City’s role as a Responsible Agency shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the City, as Responsible Agency, should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative Declaration complies with CEQA. The City, as Responsible Agency, should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. (Reference: State CEQA Guidelines, § 15096.) 2.10 SHIFT IN LEAD AGENCY RESPONSIBILITIES. The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met: (a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency; (b) The Lead Agency prepared environmental documents for the project, and all of the following conditions apply: (1) A Subsequent or Supplemental EIR is required; (2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency; or (c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (Reference: State CEQA Guidelines, § 15052.) 199 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-1 ©Best Best & Krieger LLP 3. ACTIVITIES EXEMPT FROM CEQA 3.01 ACTIONS SUBJECT TO CEQA. CEQA applies to discretionary projects proposed to be carried out or approved by public agencies such as the City. If the proposed activity does not come within the definition of “project” contained in Local Guidelines Section 11.57, it is not subject to environmental review under CEQA. The term “project,” as defined by CEQA, does not include: (a) Proposals for legislation to be enacted by the State Legislature; (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Local Guidelines Section 11.57); (c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214; (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts; (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and (f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment. (Reference: State CEQA Guidelines, §§ 15060(c), 15378.) 3.02 MINISTERIAL ACTIONS. Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision that a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion. When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. The decision whether the approval of a proposed project or activity is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. The following is a non-exclusive list of examples of ministerial activities: (a) Issuance of business licenses; (b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses; (e) Issuance of a permit to do street work; 200 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-2 ©Best Best & Krieger LLP (f) Issuance of building permits where the Lead Agency does not retain significant discretionary power to modify or shape the project; and (g) Until January 1, 2024, approval of an application to install an emergency standby generator to serve a macro cell tower where conditions set forth in Government Code section 65850.75 are met. (Reference: State CEQA Guidelines, § 15268.) 3.03 EXEMPTIONS IN GENERAL. CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration generally do not apply to the exempt activities that are set forth in CEQA, the State CEQA Guidelines, and Chapter 3 of these Local Guidelines. (Reference: State CEQA Guidelines, §§ 15260 – 15332.) 3.04 NOTICE OF EXEMPTION. After approval of an exempt project, a “Notice of Exemption” (Form “A”) may be filed by the City or its representatives with the County Clerk of each county in which the activity will be located. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. After filing, the City must additionally post the Notice of Exemption on the City’s website, if any. If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must also file a notice with the Office of Planning and Research (“OPR”) identifying the exemption. The County Clerk must post the Notice of Exemption within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The thirty day (30) posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the County Clerk Memo to determine if such a fee will be required for the project. The Notice of Exemption must, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. Certain counties require the name and address of an applicant to be included in the “Project Applicant” box of the Notice of Exemption, even when the only project proponent is the City; in these counties, if the City is the only project proponent, the City’s name and address should be provided in the “Project Applicant” box of the 201 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-3 ©Best Best & Krieger LLP Notice of Exemption. Check the county’s requirements before submitting the Notice of Exemption for filing and posting. The Notice of Exemption may be filed by the project applicant, rather than the Lead Agency, in certain circumstances. Specifically, the Lead Agency may direct the project applicant to file the Notice of Exemption where the activity that the Lead Agency has determined is exempt from CEQA either: (a) is undertaken by a person (not a public agency) and is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or (b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (See Public Resources Code, §§ 21065(b)-(c), 21152). Where the Notice of Exemption is filed by a project applicant rather than the Lead Agency, the applicant must attach a Certificate of Determination to the Notice of Exemption to be filed. The Certificate of Determination may be in the form of a certified copy of an existing document or record of the Lead Agency. Alternatively, the Lead Agency may prepare a Certificate of Determination (see Form “B”) stating that the activity is exempt from CEQA, and the Lead Agency may provide the Certificate of Determination to the applicant. The applicant must attach the Certificate of Determination to the Notice of Exemption to be filed. The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it starts a 35-day statute of limitations on legal challenges to the City’s determination that the activity is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in which the Lead Agency is required to file a Notice of Exemption. When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. (Reference: Pub. Resources Code, § 21152; State CEQA Guidelines, § 15062.) 3.05 DISAPPROVED PROJECTS. CEQA does not apply to projects that the Lead Agency rejects or disapproves. Even if a project for which an EIR, Negative Declaration, or Mitigated Negative Declaration has been prepared is ultimately disapproved, the project applicant shall not be relieved of its obligation to pay the costs incurred to prepare the EIR, Negative Declaration, or Mitigated Negative Declaration for the project. (Reference: State CEQA Guidelines, §§ 15061(b)(4), 15270.) 202 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-4 ©Best Best & Krieger LLP 3.06 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT. Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA. 3.07 EMERGENCY PROJECTS. The following types of emergency projects are exempt from CEQA (the term “emergency” is defined in Local Guidelines Section 11.20): (a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety, or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. Highway shall have the same meaning as defined in Section 360 of the Vehicle Code. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. (e) Seismic work on highways and bridges pursuant to Streets and Highways Code section 180.2. (Reference: State CEQA Guidelines, § 15269.) 3.08 FEASIBILITY AND PLANNING STUDIES. A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt from CEQA. (Reference: State CEQA Guidelines, § 15262.) 203 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-5 ©Best Best & Krieger LLP 3.09 RATES, TOLLS, FARES, AND CHARGES. The establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by the City that the City finds are for one or more of the purposes listed below are exempt from CEQA. (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas. When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares, or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed. (Reference: State CEQA Guidelines, § 15273.) 3.10 PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY AND LESS THAN ONE MILE IN LENGTH. Projects that are for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline and that are: (a) in a public street or highway or any other public right-of-way; and (b) less than one mile in length shall be exempt from CEQA requirements. “Pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility. (Reference: Public Resources Code, § 21080.21.) 3.11 PIPELINES OF LESS THAN EIGHT MILES IN LENGTH. Projects that are for the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline shall be exempt from CEQA requirements if all of the following conditions are met: (a) The project is less than eight miles in length. (b) Notwithstanding the project length, actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time. 204 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-6 ©Best Best & Krieger LLP (c) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to CEQA in the past 12 months. (d) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil. (e) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project. (f) Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project. (g) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws. If a project meets all of the requirements for this exemption, the person undertaking the project shall do all of the following: (a) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of this exemption. (b) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of Public Resources Code section 21092(b). (c) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property. (d) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene- Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws. This exemption does not apply to a project in which the diameter of the pipeline is increased or to a project undertaken within the boundaries of an oil refinery. For purposes of this exemption, the following definitions apply: (a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier 205 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-7 ©Best Best & Krieger LLP pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. “Pipeline” does not include the following: (1) An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal Regulations. (2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state. (3) A pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. (4) Transportation of petroleum in onshore gathering lines located in rural areas. (5) A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream. (6) Transportation of a hazardous liquid by a flow line. (7) A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or in plant piping system associated with that facility. (8) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation. 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS. CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops (Section D below). A. General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Local Guidelines Section 11.36) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied: (1) The project is consistent with: (a) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application was deemed complete; and 206 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-8 ©Best Best & Krieger LLP (b) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete. However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan; (2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees; (4) The project site meets all of the following four criteria relating to biological resources: (a) The project site does not contain wetlands; (b) The project site does not have any value as a wildlife habitat; (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act; and (d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete; (5) The site is not included on any list of facilities and sites compiled pursuant to Government Code section 65962.5; (6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps must have been taken in response to the results of this assessment: (a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements; or (b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements; 207 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-9 ©Best Best & Krieger LLP (7) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code (see Local Guidelines Section 11.28); (8) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection; unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard; (9) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties; (10) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency; (11) Either the project site is not within a delineated earthquake fault zone, or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard; (12) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood; (13) The project site is not located on developed open space; (14) The project site is not located within the boundaries of a state conservancy; (15) The project site has not been divided into smaller projects to qualify for one or more of the exemptions for affordable housing, agricultural housing, or residential infill housing projects found in the subsequent sections; and (16) The project meets the requirements set forth in either Public Resources Code sections 21159.22, 21159.23 or 21159.24. (Reference: State CEQA Guidelines, § 15192.) B. Specific Requirements for Agricultural Housing. CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria: (1) The project either: 208 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-10 ©Best Best & Krieger LLP (a) Is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen (15) years; or (b) If public financial assistance exists for the project, then the project must be housing for very low-, low-, or moderate- income households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five (45) or fewer agricultural employees, and either: (a) The project site is within incorporated city limits or within a census-defined place with a minimum population density of at least five thousand (5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census-defined place and the minimum population density of the census-defined place is at least one thousand (1,000) persons per square mile, unless the Lead Agency determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual circumstances or that the cumulative effects of successive projects of the same type in the same area would, over time, be significant; (3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites. (Reference: Pub. Resources Code, §§ 21084, 21159.22; State CEQA Guidelines, §§ 15192, 15193.) C. Specific Requirements for Affordable Housing Projects in Urbanized Areas. CEQA does not apply to any development project that consists of the 209 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-11 ©Best Best & Krieger LLP construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low-income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met: (1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty (30) years, at monthly housing costs deemed to be “affordable rent” for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code; (2) The project site meets one of the following conditions: (a) Has been previously developed for qualified urban uses; (b) Is immediately adjacent to parcels that are developed with qualified urban uses; or (c) At least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses, the site has not been developed for urban uses and no parcel within the site has been created within ten (10) years prior to the proposed development of the site; (3) The project site is not more than five (5) acres in area; and (4) The project site meets one of the following requirements regarding population density: (a) The project site is within an urbanized area or within a census- defined place with a population density of at least five thousand (5,000) persons per square mile; (b) If the project consists of fifty (50) or fewer units, the project site is within an incorporated city with a population density of at least twenty-five hundred (2,500) persons per square mile and a total population of at least twenty-five thousand (25,000) persons; or (c) The project site is within either an incorporated city or a census- defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. 210 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-12 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, §§ 21083, 21159.23; State CEQA Guidelines, § 15194.) D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops. (a) Except as provided in subdivision (b), CEQA does not apply to a project if all of the following criteria are met: 1. The project is a residential project on an infill site. 2. The project is located within an urbanized area. 3. The project satisfies the criteria of Public Resources Code section 21159.21, described in Section A above. 4. Within five years of the date that the application for the project is deemed complete pursuant to Section 65943 of the Government Code, community-level environmental review was certified or adopted. 5. The site of the project is not more than four acres in total area. 6. The project does not contain more than 100 residential units. 7. Either of the following criteria (subdivision (a) or subdivision (b)) are met: a. (1) At least 10 percent of the housing is sold to families of moderate income, or not less than 10 percent of the housing is rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income; and (2) The project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for very low-, low-, and moderate-income households at monthly housing costs determined pursuant to paragraph (3) of the subdivision (h) of Section 65589.5 of the Government Code. b. The project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph 7.a above. 8. The project is within one-half mile of a major transit stop. 211 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-13 ©Best Best & Krieger LLP 9. The project does not include any single level building that exceeds 100,000 square feet. 10. The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise. (b) Notwithstanding subdivision (a) above, the Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met: 1. There is a reasonable possibility that the project will have a project- specific, significant effect on the environment due to unusual circumstances; 2. Substantial changes have occurred since community-level environmental review was adopted or certified with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or 3. New information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community-level environmental review. (c) If a project satisfies the criteria described above in Section 3.12D(a), but is not exempt from CEQA as a result of satisfying the criteria described in Section 3.12D(b), the analysis of the environmental effects of the project in the EIR or the negative declaration for the project shall be limited to an analysis of the project-specific effects of the project and any effects identified pursuant to Paragraph 2 or 3 of Section 3.12D(b), above. (Reference: Pub. Resources Code, §§ 21083, 21159.24; State CEQA Guidelines, § 15195.) E. Whenever the Lead Agency determines that a project is exempt from environmental review based on Public Resources Code sections 21159.22 [Section 3.12B of these Local Guidelines], 21159.23 [Section 3.12C of these Local Guidelines], or 21159.24 [Section 3.13D of these Local Guidelines], Staff and/or the proponent of the project shall file a Notice of Exemption with the Office of Planning and Research within five (5) working days after the approval of the project. (Reference: State CEQA Guidelines, § 15196.) 212 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-14 ©Best Best & Krieger LLP 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code sections 116410 and 116415 or regulations adopted thereunder are exempt from CEQA. (Reference: State CEQA Guidelines, § 15282(m).) 3.14 BALLOT MEASURES. The definition of project in the State CEQA Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency that sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214 is not a project and therefore is not subject to CEQA review. (Reference: Local Guidelines Section 3.01; State CEQA Guidelines, § 15378(b)(3).) 3.15 TRANSIT PRIORITY PROJECT. Exemption: Transit Priority Projects (see Local Guidelines Section 11.75) that are consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a Sustainable Community Strategy or an alternative planning strategy may be exempt from CEQA. To qualify for the exemption, the decision- making body must hold a hearing and make findings that the project meets all of Public Resources Code section 21155.1’s environmental, housing, and public safety conditions and requirements. Streamlined Review: A Transit Priority Project that has incorporated all feasible mitigation measures, performance standards or criteria set forth in a prior environmental impact report, may be eligible for streamlined environmental review. For a complete description of the requirements for this streamlined review see Public Resources Code section 21155.2. Similarly, the environmental review for a residential or mixed use residential project may limit, or entirely omit, its discussion of growth-inducing impacts or impacts from traffic on global warming under certain limited circumstances. Note, however, that impacts from other sources of greenhouse gas emissions would still need to be analyzed. For complete requirements see Public Resources Code section 21159.28. Note that neither the exemption nor the streamlined review will apply until: (1) the applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities Strategy or alternative planning strategy for the region; and (2) the California Air Resources Board has accepted the Metropolitan Planning Organization’s determination that the Sustainable Communities Strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets adopted for the region. (Reference: Pub. Resources Code, §§ 21155.1, 21151.2, 21159.28.) 213 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-15 ©Best Best & Krieger LLP 3.16 CERTAIN INFILL PROJECTS (a) (1) If an environmental impact report was certified for a planning level decision of the city or county, the application of CEQA to the approval of an infill project shall be limited to the effects on the environment that (A) are specific to the project or to the project site and were not addressed as significant effects in the prior environmental impact report or (B) substantial new information shows the effects will be more significant than described in the prior environmental impact report. The attached Form “S” shall be used for this determination. A lead agency's determination pursuant to this section shall be supported by substantial evidence. (2) An effect of a project upon the environment shall not be considered a specific effect of the project or a significant effect that was not considered significant in a prior environmental impact report, or an effect that is more significant than was described in the prior environmental impact report if uniformly applicable development policies or standards adopted by the city, county, or the lead agency, would apply to the project and the lead agency makes a finding, based upon substantial evidence, that the development policies or standards will substantially mitigate that effect. (b) If an infill project would result in significant effects that are specific to the project or the project site, or if the significant effects of the infill project were not addressed in the prior environmental impact report, or are more significant than the effects addressed in the prior environmental impact report, and if a mitigated negative declaration or a sustainable communities environmental assessment could not be otherwise adopted, an environmental impact report prepared for the project analyzing those effects shall be limited as follows: (1) Alternative locations, densities, and building intensities to the project need not be considered. (2) Growth inducing impacts of the project need not be considered. (c) This section applies to an infill project that satisfies both of the following: (1) The project satisfies any of the following: A) Is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization's determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (B) Consists of a small walkable community project located in an area designated by a city for that purpose. (C) Is located within the boundaries of a metropolitan planning organization that has not yet adopted a sustainable communities strategy or alternative planning strategy, 214 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-16 ©Best Best & Krieger LLP and the project has a residential density of at least 20 units per acre or a floor area ratio of at least 0.75. (2) Satisfies all applicable statewide performance standards contained in the guidelines adopted pursuant to Public Resources Code section 21094.5.5 (Form “R”). (d) This section applies after the Secretary of the Natural Resources Agency adopts and certifies the guidelines establishing statewide standards pursuant to Public Resources Code section 21094.5.5. (e) For the purposes of this section, the following terms mean the following: (1) “Infill project” means a project that meets the following conditions: (A) Consists of any one, or combination, of the following uses: (i) Residential. (ii) Retail or commercial, where no more than one-half of the project area is used for parking. (iii) A transit station. (iv) A school. (v) A public office building. (B) Is located within an urban area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. (2) “Planning level decision” means the enactment or amendment of a general plan, community plan, specific plan, or zoning code. (3) “Prior environmental impact report” means the environmental impact report certified for a planning level decision, as supplemented by any subsequent or supplemental environmental impact reports, negative declarations, or addenda to those documents. (4) “Small walkable community project” means a project that is in an incorporated city, which is not within the boundary of a metropolitan planning organization and that satisfies the following requirements: (A) Has a project area of approximately one-quarter mile diameter of contiguous land completely within the existing incorporated boundaries of the city. (B) Has a project area that includes a residential area adjacent to a retail downtown area. 215 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-17 ©Best Best & Krieger LLP (C) The project has a density of at least eight dwelling units per acre or a floor area ratio for retail or commercial use of not less than 0.50. (5) “Urban area” includes either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria: (A) The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more. (B) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities. (Reference: Pub. Resources Code, § 21094.5.) 3.17 EXEMPTION FOR INFILL PROJECTS IN TRANSIT PRIORITY AREAS A residential or mixed-use project, or a project with a floor area ratio of at least 0.75 on commercially-zoned property, including any required subdivision or zoning approvals, is exempt from CEQA if the project satisfies the following criteria:  The project is located within a transit priority area as defined in Section 11.74 below;  The project is consistent with an applicable specific plan for which an environmental impact report was certified; and  The project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board has accepted the determination that the sustainable communities strategy or the alternative planning strategy would achieve the applicable greenhouse gas emissions reduction targets. Further environmental review shall be required for a project meeting the above criteria only if one of the events specified in Section 8.04 below occurs. (Reference: State CEQA Guidelines, § 15182(b).) 3.18 EXEMPTION FOR RESIDENTIAL PROJECTS UNDERTAKEN PURSUANT TO A SPECIFIC PLAN Where a public agency has prepared an EIR for a specific plan after January 1, 1980, a residential project undertaken pursuant to and in conformity with that specific plan is generally exempt from CEQA. Residential projects covered by this section include, but are not limited to, land subdivisions, zoning changes, and residential planned unit developments. Further environmental review shall be required for a project meeting the above criteria only if, after the adoption of the specific plan, one of the events specified in Section 8.04 below occurs. 216 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-18 ©Best Best & Krieger LLP In that circumstance, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or a supplement to an EIR on the specific plan. The exemption provided by this section shall again be available to residential projects after the Lead Agency has filed a Notice of Determination on the specific plan as reconsidered by the subsequent EIR or supplement to the EIR. (Reference: State CEQA Guidelines, § 15182(c).) 3.19 TRANSFER OF LAND FOR THE PRESERVATION OF NATURAL CONDITIONS CEQA does not apply to the acquisition, sale, or other transfer of interest in land by the City for the purpose of fulfilling any of the following purposes: (1) preservation of natural conditions existing at the time of transfer, including plant and animal habitats, (2) restoration of natural conditions, including plant and animal habitats, (3) continuing agricultural use of the land; (4) prevention of encroachment of development into flood plains; (5) preservation of historical resources; or (6) preservation of open space or lands for park purposes. CEQA similarly does not apply to the granting or acceptance of funding by the City for the foregoing purposes. The foregoing applies even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by CEQA occurs before any project approval that would authorize physical changes being made to that land. The City must file a Notice of Exemption with the State Clearinghouse and the County Clerk should it find a project exempt under this provision. (Reference: Pub. Resources Code, § 21080.28.) 3.20 TRANSIT PRIORITIZATION PROJECTS. CEQA exempts the following projects when (i) the project is carried out by a local agency that is the lead agency for the project; (ii) the project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right of way; (iii) the project does not include the addition of any auxiliary lanes; and (iv) the construction of the project shall not require the demolition of affordable housing units: (1) Pedestrian and bicycle facilities—including bicycle parking, bicycle sharing facilities, and bikeways as defined in Section 890.4 of the Streets and Highways Code—that improve safety, access, or mobility, including new facilities, within the public right-of-way; (2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way; 217 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-19 ©Best Best & Krieger LLP (3) Transit prioritization projects, which are defined to mean any of the following transit project types on highways or in the public right-of-way: (a) Signal and sign changes, such as signal coordination, signal timing modifications, signal modifications or the installation of traffic signs or new signals; (b) The installation of wayside technology and onboard technology; (c) The installation of ramp meters; (d) The conversion to dedicated transit lanes, including transit queue jump or bypass lanes, shared turning lanes and turn restrictions, the narrowing of lanes to allow for dedicated transit lanes or transit reliability improvements, or the widening of existing transit travel lanes by removing or restricting street parking; and (e) Transit stop access and safety improvements, including, but not limited to, the installation of transit bulbs and the installation of transit boarding islands. (4) A project for the designation and conversion of general purpose lanes to high- occupancy vehicle lanes or bus-only lanes, or highway shoulders to part-time transit lanes, for use either during peak congestion hours or all day on highways with existing public transit service or where a public transit agency will be implementing public transit service as identified in a short range transit plan. (5) A project for the institution or increase of bus rapid transit, bus, or light rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission, near-zero emission, low oxide of nitrogen engine, compressed natural gas fuel, fuel cell, or hybrid powertrain buses or light rail vehicles, on existing public rights-of-way or existing highway rights-of-way, whether or not the right-of-way is in use for public mass transit. The project shall be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau. (6) A project to construct or maintain infrastructure to charge or refuel zero-emission transit buses, provided the project is carried out by a public transit agency that is subject to, and in compliance with, the State Air Resources Board's Innovative Clean Transit regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations) and the project is located on property owned by the transit agency or within an existing public right-of-way. A lead agency applying an exemption pursuant to this paragraph for hydrogen refueling infrastructure or facilities necessary to refuel or maintain zero-emission public transit buses, trains, or ferries shall hold a noticed public hearing and give 218 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-20 ©Best Best & Krieger LLP notice of the meeting consistent with Public Resources Code section 21080.25(b)(6)(B). (7) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (6), inclusive. (8) A project that consists exclusively of a combination of any of the components of a project identified in paragraphs (1) to (7), inclusive. (9) A planning decision carried out by a local agency to reduce or eliminate minimum parking requirements or institute parking maximums, remove or restrict parking, or implement transportation demand management requirements or programs. Additional conditions apply to a project otherwise exempt under this section if the project exceeds fifty million dollars ($50,000,000), as set forth in Public Resources Code section 21080.25(d)-(e). Moreover, a project exempt under this section may be subject to certain labor requirements, including that the project be completed by a skilled and trained workforce, as set forth in Public Resources Code section 21080.25(f). If the City determines that a project is not subject to CEQA pursuant to this section and approves that project, the City must file a Notice of Exemption with both the Office of Planning and Research and the County Clerk of the county in which the project is located. This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed. (Reference: Pub. Resources Code, § 21080.25.) 3.21 TRANSPORTATION PLANS, PEDESTRIAN PLANS, AND BICYCLE TRANSPORTATION PLANS. CEQA does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles. An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section. An individual project that is part of an active transportation plan or pedestrian plan remains subject to CEQA unless another exemption applies to that project. Before determining that a project is exempt pursuant to this section, the Lead Agency must hold noticed public hearings in areas affected by the project to hear and respond to public comments. Publication of the notice must comply with Government Code section 6061 and be in a newspaper of general circulation in the area affected by the proposed project. 219 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-21 ©Best Best & Krieger LLP If the City determines that a project is not subject to CEQA pursuant to this section and approves that project, the City must file a Notice of Exemption with both the Office of Planning and Research and the County Clerk of the county in which the project is located. For purposes of this section, the following definitions apply: (1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips. (2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety. This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed. (Reference: Pub. Resources Code, § 21080.20.) 3.22 WATER SYSTEM WELLS AND DOMESTIC WELL PROJECTS CEQA does not apply to the construction, maintenance, repair, or replacement of a well or a domestic well that meets all of the following conditions: (1) The domestic well or water system to which the well is connected has been designated by the State Water Resources Control Board (“State Board”) as high risk or medium risk in the State Board’s drinking water needs assessment; (2) The well project is designed to mitigate or prevent a failure of the well or the domestic well that would leave residents that rely on the well, the water system to which the well is connected, or the domestic well without an adequate supply of safe drinking water; (3) The lead agency determines all of the following: (a) The well project is not designed primarily to serve irrigation or future growth. (b) The well project does not affect wetlands or sensitive habitats. (c) Unusual circumstances do not exist that would cause the well project to have a significant effect on the environment. (d) The well project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code. (e) The well project does not have the potential to cause a substantial adverse change in the significance of a historical resource. 220 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-22 ©Best Best & Krieger LLP (f) The well project’s construction impacts are fully mitigated consistent with applicable law. (g) The cumulative impact of successive reasonably anticipated projects of the same type as the well project, in the same place, over time, is not significant. Before determining that a well project is exempt pursuant to this section, a lead agency must contact the State Board to determine whether claiming the exemption under this section will affect the ability of the well project to receive federal financial assistance or federally capitalized financial assistance. A lead agency that determines that a well project is exempt under this section must file a notice of exemption with both OPR and the County Clerk. The notice of exemption must explain whether the project is additionally exempt from CEQA under Public Resources Code section 21080 (e.g., whether it is a ministerial project, an emergency repair necessary to maintain service, or an action necessary to prevent or mitigate an emergency), Public Resources Code section 21080.47 (see Section 3.23 of these Local Guidelines, below), or under the Class 1 (Existing Facilities) or Class 2 (Replacement or Reconstruction) categorical exemptions (see Section 3.28 of these Local Guidelines, below). If none of the exemptions referenced in this paragraph apply to a project that is otherwise exempt under this section, the notice of exemption must explain why the exemptions referenced in this paragraph do not apply to the project. For purposes of this section, the following definitions apply: A “well” is defined as a wellhead that provides drinking water to a “water system.” A “domestic well” is defined as a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections. A “water system” is defined to mean a “public water system” as that term is defined in Health and Safety Code section 116275(h) (i.e., a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year), a “state small water system” as that term is defined in Health and Safety Code section 116275(n) (i.e., a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year), or a tribal water system. (Pub. Resources Code, § 21080.31 [in effect until January 1, 2028].) 221 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-23 ©Best Best & Krieger LLP 3.23 SMALL DISADVANTAGED COMMUNITY WATER SYSTEM AND STATE SMALL WATER SYSTEM. CEQA does not apply to certain water infrastructure projects that primarily benefit a “small disadvantaged community water system” or a “state small water system,” as these terms are defined in Public Resources Code section 21080.47. If certain labor requirements and other conditions are met as set forth in Public Resources Code section 21080.47, the installation, repair, or construction of the following for the benefit of a small disadvantaged community water system or state small water system is exempt from CEQA: (1) Drinking water groundwater wells with a maximum flow rate of up to 250 gallons per minute; (2) Drinking water treatment facilities with a footprint of less than 2,500 square feet that are not located in an environmentally sensitive area; (3) Drinking water storage tanks with a capacity of up to 250,000 gallons; (4) Booster pumps and hydropneumatic tanks; (5) Pipelines of less than one mile in length in a road right-of-way or up to seven miles in length in a road right-of-way when the project is required to address threatened or current drinking water violations; (6) Water services lines; and (7) Minor drinking water system appurtenances, including, but not limited to, system and service meters, fire hydrants, water quality sampling stations, valves, air releases and vacuum break valves, emergency generators, backflow prevention devices, and appurtenance enclosures. (Reference: Pub. Resources Code, § 21080.47.) 3.24 CONSERVATION AND RESTORATION OF CALIFORNIA NATIVE FISH AND WILDLIFE. (a) CEQA does not apply to a project that is exclusively one of the following (though a project may exclusively be one of the following even if it has incidental public benefits, such as public access or recreation) and meets the criteria set forth in subdivision (b) of this section: (1) A project to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend. (2) A project to restore or provide habitat for California native fish and wildlife. 222 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-24 ©Best Best & Krieger LLP (b) This section does not apply to a project unless the project does both of the following: (1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery; and (2) Includes procedures and ongoing management for the protection of the environment. (c) This section does not apply to a project that includes construction activities, except for construction activities solely related to habitat restoration. (d) The lead agency shall obtain the concurrence of the Director of Fish and Wildlife for the determinations required pursuant to subdivisions (a) through (c) above. (e) Within 48 hours of making a determination that a project is exempt pursuant to this section, the lead agency shall file a Notice of Exemption with the Office of Planning and Research, and the Department of Fish and Wildlife must post the concurrence of the Director of Fish and Wildlife on the department’s website. This exemption is in effect until January 1, 2025. (Pub. Resources Code, § 21080.56.) 3.25 LINEAR BROADBAND DEPLOYMENT IN A RIGHT-OF-WAY. (a) CEQA does not apply to a project that consists of linear broadband deployment in a right-of-way if the project meets all of the following conditions: (1) The project is located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network pursuant to Section 11549.54 of the Government Code. (2) The project is constructed along, or within 30 feet of, the right-of-way of any public road or highway. (3) The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way. (4) The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission or the Department of Transportation to address potential environmental impacts. At a minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources. 223 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-25 ©Best Best & Krieger LLP (5) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the planning department of a city or county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene- Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws. (b) If a project meets all of the requirements of subdivision (a), the project applicant shall do all of the following: (1) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority, of the exemption of the project pursuant to this section. (2) File a Notice of Exemption. (3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property. (4) Comply with all conditions authorized by law imposed by the planning department of a city or county as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws. (Pub. Resources Code, § 21080.51.) 3.26 NEEDLE AND SYRINGE EXCHANGE SERVICES. The Legislature has authorized cities and counties meeting certain requirements to apply to the State Department of Public Health for authorization to provide hypodermic needle and syringe exchange services consistent with state standards in any location where the State Department of Public Health determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. (Health and Safety Code, § 121349.) Needle and syringe exchange services application submissions, authorizations, and operations performed pursuant to Health and Safety Code section 121349 are exempt from review under CEQA. (Health and Safety Code, § 121349(h).) 224 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-26 ©Best Best & Krieger LLP 3.27 OTHER SPECIFIC EXEMPTIONS. CEQA and the State CEQA Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, hazardous or volatile liquid pipelines, and the installation of solar energy systems, including, but not limited to solar panels. Specific statutory exemptions are listed in the Public Resources Code, including Sections 21080 through 21080.35, and in the State CEQA Guidelines, including Sections 15260 through 15285. In addition, other titles of the California Codes provide statutory exemptions from CEQA, including, for example, Government Code section 12012.70. 3.28 CATEGORICAL EXEMPTIONS. The State CEQA Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been determined not to have a significant effect on the environment and which, therefore, are generally exempt from CEQA. For any project that falls within one of these classes of categorical exemptions, the preparation of environmental documents under CEQA is not required. The classes of projects are briefly summarized below. (Reference to the State CEQA Guidelines for the full description of each exemption is recommended.) The exemptions for Classes 3, 4, 5, 6, and 11 below are qualified in that such projects must be considered in light of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances except when the project may impact an environmental resource of hazardous or critical concern that has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. All classes of categorical exemptions are qualified. None of the categorical exemptions are applicable if any of the following circumstances exist: (1) The cumulative impact of successive projects of the same type in the same place over time is significant; (2) There is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (3) The project may result in damage to a scenic resource or may result in a substantial adverse change to a historical resource; or (4) The project is located on a site which is included on any hazardous waste site or list compiled pursuant to Government Code section 65962.5. However, a project’s greenhouse gas emissions do not, in and of themselves, cause an exemption to be inapplicable if the project otherwise complies with all applicable regulations or 225 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-27 ©Best Best & Krieger LLP requirements adopted to implement statewide, regional, or local plans consistent with State CEQA Guidelines section 15183.5. With the foregoing limitations in mind, the following classes of activity are generally exempt from CEQA: Class 1: Existing Facilities. Activities involving the operation, repair, maintenance, permitting, leasing, licensing, minor alteration of—or legislative activities to regulate—existing public or private structures, facilities, mechanical equipment or other property, or topographical features, provided the activity involves negligible or no expansion of existing or former use. The types of “existing facilities” itemized in State CEQA Guidelines section 15301 are not intended to be all-inclusive of the types of projects which might fall within the Class 1 categorical exemption. The key consideration is whether the project involves negligible or no expansion of use. (State CEQA Guidelines, § 15301.) Class 2: Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State CEQA Guidelines, § 15302.) Class 3: New Construction or Conversion of Small Structures. Construction of limited numbers of small new facilities or structures; installation of small new equipment or facilities in small structures; and the conversion of existing small structures from one use to another, when only minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (State CEQA Guidelines, § 15303 outlines, among other things, the maximum number of structures allowable under this exemption.) Class 4: Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. (State CEQA Guidelines, § 15304.) Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. (State CEQA Guidelines, § 15305.) Class 6: Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State CEQA Guidelines, § 15306.) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State CEQA Guidelines, § 15307.) Class 8: Actions By Regulatory Agencies for Protection of the Environment. Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the 226 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-28 ©Best Best & Krieger LLP maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. (State CEQA Guidelines, § 15308.) Class 9: Inspection. Inspection activities, including, but not limited to, inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State CEQA Guidelines, § 15309.) Class 10: Loans. Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. (State CEQA Guidelines, § 15310.) Class 11: Accessory Structures. Construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, but not limited to, on-premise signs; small parking lots; and placement of seasonal or temporary use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State CEQA Guidelines, § 15311.) Class 12: Surplus Government Property Sales. Sales of surplus government property, except for certain parcels of land located in an area of statewide, regional or area-wide concern identified in State CEQA Guidelines section 15206(b)(4). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (a) The property does not have significant values for wildlife or other environmental purposes; and (b) Any one of the following three conditions is met: 1. The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; 2. The property to be sold would qualify for an exemption under any other class of categorical exemption in the State CEQA Guidelines; or 3. The use of the property and adjacent property has not changed since the time of purchase by the public agency. (State CEQA Guidelines, § 15312.) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishment of ecological preserves under Fish and Game Code section 1580, and preservation of access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (State CEQA Guidelines, § 15313.) Class 14: Minor Additions to Schools. Minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is included in this exemption. (State CEQA Guidelines, § 15314.) 227 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-29 ©Best Best & Krieger LLP Class 15: Minor Land Divisions. Division(s) of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20%. (State CEQA Guidelines, § 15315.) Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological resources. CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (State CEQA Guidelines, § 15316.) Class 17: Open Space Contracts or Easements. Establishment of agricultural preserves, making and renewing of open space contracts under the Williamson Act, or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests or easements is not included in this exemption.) (State CEQA Guidelines, § 15317.) Class 18: Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State CEQA Guidelines, § 15318.) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. This exemption applies only to the following annexations: (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning of either the gaining or losing governmental agency, whichever is more restrictive; provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (b) Annexations of individual small parcels of the minimum size for facilities exempted by Class 3, New Construction or Conversion of Small Structures. (State CEQA Guidelines, § 15319.) Class 20: Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishment of a subsidiary district; (b) Consolidation of two or more districts having identical powers; and (c) Merger with a city of a district lying entirely within the boundaries of the city. 228 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-30 ©Best Best & Krieger LLP (State CEQA Guidelines, § 15320.) Class 21: Enforcement Actions by Regulatory Agencies. Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted or prescribed by the regulatory agency or enforcement of a law, general rule, standard or objective administered or adopted by the regulatory agency; or law enforcement activities by peace officers acting under any law that provides a criminal sanction. The direct referral of a violation of lease, permit, license, certificate, or entitlement to the City Attorney for judicial enforcement is exempt under this Class. (Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption.) (State CEQA Guidelines, § 15321.) Class 22: Educational or Training Programs Involving No Physical Changes. The adoption, alteration or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include but are not limited to: (a) Development of or changes in curriculum or training methods; or (b) Changes in the trade structure in a school which do not result in changes in student transportation. (State CEQA Guidelines, § 15322.) Class 23: Normal Operations of Facilities for Public Gatherings. Continued or repeated normal operations of existing facilities for public gatherings for which the facilities were designed, where there is past history, of at least three years, of the facility being used for the same or similar purposes. Facilities included within this exemption include, but are not limited to, race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. (State CEQA Guidelines, § 15323.) Class 24: Regulation of Working Conditions. Actions taken by the City to regulate employee wages, hours of work or working conditions where there will be no demonstrable physical changes outside the place of work. (State CEQA Guidelines, § 15324.) Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources. Transfers of ownership of interest in land in order to preserve open space, habitat, or historical resources. Examples include, but are not limited to, acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including plant or animal habitats; allow continued agricultural use of the areas; allow restoration of natural conditions; preserve open space or lands for natural park purposes; or prevent encroachment of development into floodplains. This exemption does not apply to the development of parks or park uses. (State CEQA Guidelines § 15325.) Class 26: Acquisition of Housing for Housing Assistance Programs. Actions by a redevelopment agency, housing authority or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units, provided the housing units are either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. (State CEQA Guidelines, § 15326.) 229 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-31 ©Best Best & Krieger LLP Class 27: Leasing New Facilities. Leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency when the City determines that the proposed use of the facility: (a) Conforms with existing state plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared; (b) Is substantially the same as that originally proposed at the time the building permit was issued; (c) Does not result in a traffic increase of greater than 10% of front access road capacity; and (d) Includes the provision of adequate employee and visitor parking facilities. (State CEQA Guidelines, § 15327.) Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric-generating facilities in connection with existing dams, canals and pipelines, subject to the conditions in State CEQA Guidelines section 15328. (State CEQA Guidelines, § 15328.) Class 29: Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting certain conditions listed in State CEQA Guidelines, § 15329. (State CEQA Guidelines section 15329.) Class 30: Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. (a) No cleanup action shall be subject to this Class 30 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off-site disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site; (b) Examples of such minor cleanup actions include but are not limited to: 1. Removal of sealed, non-leaking drums of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; 2. Maintenance or stabilization of berms, dikes, or surface impoundments; 3. Construction or maintenance or interim of temporary surface caps; 230 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-32 ©Best Best & Krieger LLP 4. Onsite treatment of contaminated soils or sludge provided treatment system meets Title 22 requirements and local air district requirements; 5. Excavation and/or offsite disposal of contaminated soils or sludge in regulated units; 6. Application of dust suppressants or dust binders to surface soils; 7. Controls for surface water run-on and run-off that meets seismic safety standards; 8. Pumping of leaking ponds into an enclosed container; 9. Construction of interim or emergency ground water treatment systems; or 10. Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. (State CEQA Guidelines, § 15330.) Class 31: Historical Resource Restoration/Rehabilitation. Maintenance, repairs, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State CEQA Guidelines, § 15331.) Class 32: Infill Development Projects. Infill development meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. (State CEQA Guidelines, § 15332.) Class 33: Small Habitat Restoration Projects. This exemption applies to projects to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife, provided that such projects meet the following criteria: (a) The project does not exceed five acres in size; (b) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 of the State CEQA Guidelines; 231 Local Guidelines for Implementing the California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA 2024 City of Palm Desert Local Guidelines 3-33 ©Best Best & Krieger LLP (c) There are no hazardous materials at or around the project site that may be disturbed or removed; and (d) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Examples of small habitat restoration projects include, but are not limited to: revegetation of disturbed areas with native plant species; wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish; projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment; stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; and culvert replacement conducted in accordance with published guidelines of DFW or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation. (State CEQA Guidelines, § 15333.) 232 Local Guidelines for Implementing the California Environmental Quality Act (2024) TIME LIMITATIONS 2024 City of Palm Desert Local Guidelines 4-1 ©Best Best & Krieger LLP 4. TIME LIMITATIONS 4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS. Staff shall determine whether the application for a private project is complete within thirty (30) days of receipt of the application. No application may be deemed incomplete based on an applicant’s refusal to waive the time limitations set forth in Local Guidelines Sections 4.03 and 4.04. Accepting an application as complete does not limit the authority of the City, acting as Lead Agency or Responsible Agency, to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application. (Reference: State CEQA Guidelines, § 15101.) 4.02 DETERMINATION OF TYPE OF ENVIRONMENTAL DOCUMENT. Except as provided in Local Guidelines Sections 4.05 and 4.06, Staff’s initial determination as to whether a Negative Declaration, Mitigated Negative Declaration or an EIR should be prepared shall be made within thirty (30) days from the date on which an application for a project is accepted as complete by the City. This period may be extended fifteen (15) days with consent of the applicant and the City. (Reference: State CEQA Guidelines, § 15102.) 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION. For private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the Negative Declaration/Mitigated Negative Declaration shall be completed and approved within one hundred eighty (180) days from the date when the City accepted the application as complete. In the event that compelling circumstances justify additional time and the project applicant and Lead Agency consent thereto, Staff may provide that the 180-day time limit may be extended once for a period of not more than 90 days. (Reference: State CEQA Guidelines, § 15107.) 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR. For private projects, the Final EIR shall be completed and certified by the City within one (1) year after the date the City accepted the application as complete. In the event that compelling circumstances justify additional time and the project applicant consents thereto, the City may provide a one-time extension up to ninety (90) days for completing and certifying the EIR. (Reference: State CEQA Guidelines, § 15108.) 233 Local Guidelines for Implementing the California Environmental Quality Act (2024) TIME LIMITATIONS 2024 City of Palm Desert Local Guidelines 4-2 ©Best Best & Krieger LLP 4.05 PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT. The Permit Streamlining Act requires agencies to make decisions on certain development project approvals within specified time limits. If a project is subject to the Permit Streamlining Act, the City cannot require the project applicant to submit the informational equivalent of an EIR or prove compliance with CEQA as a prerequisite to determining whether the project application is complete. In addition, if requested by the project applicant, the City must begin processing the project application prior to final CEQA action, provided the information necessary to begin the process is available. (Reference: Gov. Code §§ 65941, 65944.) Under the Permit Streamlining Act, the Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or within ninety (90) days of certification if an extension for completing and certifying the EIR was granted. If the Lead Agency adopts a Negative Declaration/Mitigated Negative Declaration or determines the development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. (Reference: Gov. Code §§ 65950, 65950.1; see also State CEQA Guidelines, § 15107.) Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. (Reference: Gov. Code §§ 65940.5, 65952.2.) 4.06 PROJECTS, OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT, WITH SHORT TIME PERIODS FOR APPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6) months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and 234 Local Guidelines for Implementing the California Environmental Quality Act (2024) TIME LIMITATIONS 2024 City of Palm Desert Local Guidelines 4-3 ©Best Best & Krieger LLP (c) The project application involves the City’s issuance of a lease, permit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code sections 65920, et seq.). (Reference: State CEQA Guidelines, § 15111.) 4.07 WAIVER OR SUSPENSION OF TIME PERIODS. These deadlines may be waived by the applicant if the project is subject to both CEQA and the National Environmental Policy Act (“NEPA”). An unreasonable delay by an applicant in meeting the City’s requests necessary for the preparation of a Negative Declaration, Mitigated Negative Declaration, or an EIR shall suspend the running of the time periods described in Local Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay. Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. The City may also allow a renewed application to start at the same point in the process where the prior application was when it was disapproved. (Reference: State CEQA Guidelines, §§ 15109, 15110, and 15224; see Section 5.04 of these Local Guidelines for information about projects that are subject to both CEQA and NEPA.) 235 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-1 ©Best Best & Krieger LLP 5. INITIAL STUDY 5.01 PREPARATION OF INITIAL STUDY. If the City determines that it is the Lead Agency for a project which is not exempt, the City will normally prepare an Initial Study to ascertain whether the project may have a substantial adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR. The City, as Lead Agency, may use any of the following arrangements or combination of arrangements to prepare an Initial Study: (1) Preparing the Initial Study directly with the City’s own staff. (2) Contracting with another entity, public or private, to prepare the Initial Study. (3) Accepting a draft Initial Study prepared by the applicant, a consultant retained by the applicant, or any other third person. (4) Executing a third party contract or memorandum of understanding with the applicant to govern the preparation of an Initial Study by an independent contractor. (5) Using a previously prepared Initial Study. The Initial Study sent out for public review, however, must reflect the independent judgment of the Lead Agency. For private projects, the person or entity proposing to carry out the project shall complete Form “I” of these Local CEQA Guidelines, submit the completed Form “I” to the City, and submit all other data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project. (Reference: State CEQA Guidelines, §§ 15063, 15084.) 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES. When more than one public agency will be involved in undertaking or approving a project, the Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken in compliance with the notice procedures applicable to the type of CEQA document being prepared. See Section 6.04, Negative Declarations, and Sections 7.03 and 7.25, EIRs. 236 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-2 ©Best Best & Krieger LLP When the City is acting as Lead Agency, the City may choose to engage in early consultation with Responsible and Trustee Agencies before the City begins to prepare the Initial Study. This early consultation may be done quickly and informally and is intended to ensure that the EIR, Negative Declaration or Mitigated Negative Declaration reflects the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. The City’s early consultation process may include consultation with other individuals or organizations with an interest in the project, if the City so desires. The OPR, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the OPR, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation. If, during the early consultation process it is determined that the project will clearly have a significant effect on the environment, the City, as Lead Agency, may immediately dispense with the Initial Study and determine that an EIR is required. (Reference: State CEQA Guidelines, § 15063.) 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT. During or immediately after preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. If the project can be revised to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before the City that the project, as revised, may have a significant effect on the environment, the City may prepare and adopt a Negative Declaration or Mitigated Negative Declaration. If any significant effect may still occur despite alterations of the project, an EIR must be prepared. (Reference: State CEQA Guidelines, § 15063(g).) 5.04 PROJECTS SUBJECT TO NEPA. Projects that are carried out, financed, or approved in whole or in part by a federal agency are subject to the provisions of NEPA in addition to CEQA. To the extent possible, the State CEQA Guidelines encourage the City, when it is a Lead Agency under CEQA, to use the federally-prepared Environmental Impact Statement (“EIS”) or Finding of No Significant Impact (“FONSI”) or to prepare a joint CEQA/NEPA document instead of preparing separate NEPA and CEQA documents for a project that is subject to both NEPA and CEQA. (State CEQA Guidelines, § 15220.) For example, the City should attempt to work in conjunction with the federal agency involved in the project to prepare a combined EIR-EIS or Negative Declaration-FONSI. (State CEQA Guidelines, § 15222.) To avoid the need for the federal agency to prepare a separate document for the same project, the Lead Agency must involve the federal agency in the preparation of the joint document. The Lead Agency may also enter into a Memorandum of Understanding with the federal agency to ensure that both federal and state requirements are met. 237 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-3 ©Best Best & Krieger LLP The City is required to cooperate with the federal agency and to utilize joint planning processes, environmental research and studies, public hearings, and environmental documents to the fullest extent possible. (State CEQA Guidelines, § 15226.) However, since NEPA does not require an examination of mitigation measures or growth-inducing impacts, analysis of mitigation measures and growth-inducing impacts will need to be added before NEPA documents may be used to satisfy CEQA. (State CEQA Guidelines, § 15221.) For projects that are subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed in Local Guidelines Section 7.10, and provided in accordance with these Local Guidelines. If the federal agency refuses to cooperate with the City with regard to the preparation of joint documents, the City should attempt to involve a state agency in the preparation of the EIR, Negative Declaration, or Mitigated Negative Declaration. Since federal agencies are explicitly permitted to utilize environmental documents prepared by agencies of statewide jurisdiction, it is possible that the federal agency will reuse the state-prepared CEQA documents instead of requiring the applicant to fund a redundant set of federal environmental documents. (State CEQA Guidelines, § 15228.) Where the federal agency has circulated the EIS or FONSI and the circulation satisfied the requirements of CEQA and any other applicable laws, the City, when it is a Lead Agency under CEQA, may use the EIS or FONSI in place of an EIR or Negative Declaration without having to recirculate the federal documents. The City’s intention to adopt the previously circulated EIS or FONSI must be publicly noticed in the same way as a Notice of Availability of a Draft EIR. Special rules may apply when the environmental documents are prepared for projects involving the reuse of military bases. (See State CEQA Guidelines, § 15225.) 5.05 AN INITIAL STUDY. The Initial Study shall be used to determine whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. It provides written documentation of whether the City found evidence of significant adverse impacts which might occur. The purposes of an Initial Study are to: (a) Identify environmental impacts; (b) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (c) Focus an EIR, if one is required, on potentially significant environmental effects; (d) Facilitate environmental assessment early in the design of a project; (e) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (f) Eliminate unnecessary EIRs; and (g) Determine whether a previously prepared EIR could be used for the project. (Reference: State CEQA Guidelines, § 15063.) 238 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-4 ©Best Best & Krieger LLP 5.06 CONTENTS OF INITIAL STUDY. An Initial Study shall contain in brief form: (a) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (b) An identification of the environmental setting. The environmental setting is usually the existing physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, such as in the case of a Negative Declaration or Mitigated Negative Declaration, at the time environmental analysis begins. The environmental setting should describe both the project site and surrounding properties. The description should include, but not necessarily be limited to, a discussion of existing structures, land use, energy supplies, topography, water usage, soil stability, plants and animals, and any cultural, historical, or scenic aspects. This environmental setting will normally constitute the baseline physical conditions against which a Lead Agency may compare the project to determine whether an impact is significant; (c) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR or Negative Declaration or Mitigated Negative Declaration. A reference to another document should include a citation to the page or pages where the information is found; (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the project is consistent with existing zoning and local land use plans and other applicable land use controls; (f) The name of the person or persons who prepared or participated in the Initial Study; and (g) Identification of prior EIRs or environmental documents that could be used with the project. (Reference: State CEQA Guidelines, § 15063(d).) 5.07 USE OF A CHECKLIST INITIAL STUDY. When properly completed, the Environmental Checklist (Form “J”) will meet the requirements of Local Guidelines Section 5.05 for an Initial Study provided that the entries on the checklist are explained. Either the Environmental Checklist (Form “J”) should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. California courts have rejected the use of a bare, unsupported Environmental Checklist as an Initial Study. An Initial Study must contain more than mere conclusions. It must disclose supporting data or evidence upon which the Lead Agency relied in conducting the Initial Study. The Lead Agency must augment checklists with supporting factual data and reference information sources when completing the forms. Explanation of all “potential impact” answers should be provided on attached sheets. For controversial projects, it is advisable to state briefly 239 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-5 ©Best Best & Krieger LLP why “no” answers were checked. If practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air quality data, or other supporting studies. 5.08 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS. In evaluating the environmental significance of effects disclosed by the Initial Study, the Lead Agency shall consider: (a) Whether the Initial Study and/or any comments received informally during consultations indicate that a fair argument can be made that the project may have a significant adverse environmental impact that cannot be mitigated to a level of insignificance. Even if a fair argument can be made to the contrary, an EIR should be prepared; (b) Whether both primary (direct) and reasonably foreseeable secondary (indirect) consequences of the project were evaluated. Primary consequences are immediately related to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area, may result from population growth, a primary impact; (c) Whether adverse social and economic changes will result from a physical change caused by the project. Adverse economic and social changes resulting from a project are not, in themselves, significant environmental effects. However, if such adverse changes cause physical changes in the environment, those consequences may be used as the basis for finding that the physical change is significant; (d) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, the existence of public controversy or disagreement among experts does not, without more, require preparation of an EIR in the absence of substantial evidence of significant effects; (e) Whether the cumulative impact of the project is significant and whether the incremental effects of the project are “cumulatively considerable” (as defined in Local Guidelines Section 11.13) when viewed in connection with the effects of past projects, current projects, and probable future projects. The City may conclude that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program (including, but not limited to, water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, plans or regulations for the reduction of greenhouse gas emissions) that provides specific requirements that will avoid or substantially lessen the cumulative problem. To be used for this purpose, such a plan or program must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process. In relying on such a plan or program, the City should explain which requirements apply to the project and ensure that the project’s incremental contribution is not cumulatively considerable; and (f) Whether the project may cause a substantial adverse change in the significance of an archaeological or historical resource. The City may use a threshold of significance (as that term is defined in State CEQA Guidelines section 15064.7) to determine whether a project may cause a significant 240 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-6 ©Best Best & Krieger LLP environmental impact. When using a threshold of significance, the City should briefly explain how compliance with the threshold means that the project’s impacts are less than significant. Compliance with the threshold, however, does not relieve the City of the obligation to consider substantial evidence indicating that a project’s environmental effects may still be significant. (Reference: State CEQA Guidelines, § 15064(b)(2).) 5.09 DETERMINING THE SIGNIFICANCE OF TRANSPORTATION IMPACTS On or about December 28, 2018, the California Natural Resources Agency added a new section to the State CEQA Guidelines—Section 15064.3, entitled “Determining the Significance of Transportation Impacts.” Section 15064.3 provides: (a) Purpose. This section describes specific considerations for evaluating a project's transportation impacts. Generally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purposes of this section, “vehicle miles traveled” refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel. Except as provided in subdivision (b)(2) below (regarding roadway capacity), a project's effect on automobile delay shall not constitute a significant environmental impact. (b) Criteria for Analyzing Transportation Impacts. (1) Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one- half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact. (2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, such as in a regional transportation plan EIR, a lead agency may tier from that analysis as provided in Section 15152. (3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a 241 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-7 ©Best Best & Krieger LLP lead agency may analyze the project's vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate. (4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project's vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project's vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section. (c) Applicability. The provisions of this section shall apply prospectively as described in section 15007. A lead agency may elect to be governed by the provisions of this section immediately. Beginning on July 1, 2020, the provisions of this section shall apply statewide. (Reference: State CEQA Guidelines, § 15064.3.) 5.10 MANDATORY FINDINGS OF SIGNIFICANT EFFECT. Whenever there is substantial evidence, in light of the whole record, that any of the conditions set forth below may occur, the Lead Agency shall find that the project may have a significant effect on the environment and thereby shall require preparation of an EIR: (a) The project has 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 major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; (c) The project has possible environmental effects which are individually limited but cumulatively considerable, as defined in Local Guidelines Section 11.13. That is, the City, when acting as Lead Agency, is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back- drop of the environmental effects of the other projects; or (d) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly. 242 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-8 ©Best Best & Krieger LLP If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the project’s potential for triggering one of the mandatory findings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: (1) as thresholds of significance for purposes of preparing the EIR’s impact analysis; (2) in making findings on the feasibility of alternatives or mitigation measures; (3) when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts; and (4) when necessary, in adopting a statement of overriding considerations. Although an EIR prepared for a project that triggers one of the mandatory findings of significance must use the relevant mandatory findings as thresholds of significance, the EIR need not conclude that the impact itself is significant. Rather, the City, as Lead Agency, must exercise its discretion and determine, on a case-by-case basis after evaluating all of the relevant evidence, whether the project’s environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required. With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City, as Lead Agency, does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria: (a) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan; (b) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and/or EIS; and (c) The mitigation requirements must either avoid any net loss of habitat and net reduction in number of the affected species, or preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species below a level of significance. (Reference: State CEQA Guidelines, § 15065.) 5.11 MANDATORY PREPARATION OF AN EIR FOR WASTE-BURNING PROJECTS. Lead Agencies shall prepare or cause to be prepared and certify the completion of an EIR, or, if appropriate, an Addendum, Supplemental EIR, or Subsequent EIR, for any project involving the burning of municipal wastes, hazardous waste or refuse-derived fuel, including, but not limited to, tires, if the project consists of any of the following: (a) The construction of a new facility; 243 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-9 ©Best Best & Krieger LLP (b) The expansion of an existing hazardous waste burning facility which would increase its permitted capacity by more than 10%; (c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined in Local Guidelines Section 11.32; or (d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility, as defined in Local Guidelines Sections 11.33 and 11.53. This section does not apply to projects listed in subsections (c) and (d), immediately above, if the facility only manages hazardous waste that is identified or listed pursuant to Health and Safety Code section 25140 or 25141 or only conducts activities which are regulated pursuant to Health and Safety Code sections 25100, et seq. The Lead Agency shall calculate the percentage of expansion for an existing facility by comparing the proposed facility’s capacity with either of the following, as applicable: (a) The facility capacity authorized in the facility’s hazardous waste facilities permit pursuant to Health and Safety Code section 25200, or its grant of interim status pursuant to Health and Safety Code section 25200.5, or the facility capacity authorized in any state or local agency permit allowing the construction or operation of the facility for the burning of hazardous waste granted before January 1, 1990; or (b) The facility capacity authorized in the facility’s original hazardous facilities permit, grant of interim status, or any state or local agency permit allowing the construction or operation of a facility for the burning of hazardous waste, granted on or after January 1, 1990. This section does not apply to any project over which the State Energy Resources Conservation and Development Commission has assumed jurisdiction per Health and Safety Code sections 25500 et seq. The EIR requirement is also subject to a number of exceptions for specific types of waste-burning projects. (Public Resources Code section 21151.1 and State CEQA Guidelines section 15081.5.) Even if preparation of an EIR is not mandatory for a particular type of waste- burning project, those projects are not exempt from the other requirements of CEQA, the State CEQA Guidelines, or these Local Guidelines. In addition, waste-burning projects are subject to special notice requirements under Public Resources Code section 21092. Specifically, in addition to the standard public notices required by CEQA, notice must be provided to all owners and occupants of property located within one-fourth mile of any parcel or parcels on which the waste-burning project will be located. (Public Resources Code section 21092(c); see Local Guidelines Sections 6.12 and 7.27.) 5.12 DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR. Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project concerns the approval of a subdivision map or development, CEQA applies only to the extent the project raises 244 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-10 ©Best Best & Krieger LLP environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off-site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage. Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Examples of uniformly applied development policies or standards include, but are not limited to: parking ordinances; public access requirements; grading ordinances; hillside development ordinances; flood plain ordinances; habitat protection or conservation ordinances; view protection ordinances; and requirements for reducing greenhouse gas emissions as set forth in adopted land use plans, policies or regulations. Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section. “Community Plan” means part of a city’s general plan which: (1) applies to a defined geographic portion of the total area included in the general plan; (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code section 65302; and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. (Reference: State CEQA Guidelines, § 15183.) 5.13 LAND USE POLICIES. When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. 5.14 EVALUATING IMPACTS ON HISTORICAL RESOURCES. Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Local Guidelines Section 11.28 are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the demolition of a historical resource, since such demolitions have been determined to cause a significant effect on the environment. Substantial adverse change in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired. The significance of a historical resource is materially impaired when a project: (a) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in, the California Register of Historical Resources; 245 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-11 ©Best Best & Krieger LLP (b) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey, unless the Lead Agency establishes by a preponderance of evidence that the resource is not historically or culturally significant; or (c) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the Lead Agency for purposes of CEQA. Generally, a project that follows either one of the following sets of standards and guidelines will be considered mitigated to a level of less than significant: (a) the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer. In the event of an accidental discovery of a possible historical resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist or other professional. If the find is determined to be a historical resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. (Reference: State CEQA Guidelines, § 15064.5.) 5.15 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES. When a project will impact an archaeological site, the City shall first determine whether the site is a historical resource, as defined in Local Guidelines Section 11.28 If the archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an archaeological resource. If the archaeological site does not meet the definition of a historical resource, but does meet the definition of a unique archaeological resource set forth in Public Resources Code section 21083.2, the site shall be treated in accordance with said provisions of the Public Resources Code. The time and cost limitations described in Section 21083.2(c-f) do not apply to surveys and site evaluation activities intended to determine whether the project site contains unique archaeological resources. If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist. If the find is determined to be a unique archaeological resource, the City 246 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-12 ©Best Best & Krieger LLP should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. When an Initial Study identifies the existence of, or the probable likelihood of, Native American human remains within the Project, the City shall comply with the provisions of State CEQA Guidelines section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State CEQA Guidelines section 15064.5(e). (Reference: State CEQA Guidelines, § 15064.5(c).) 5.16 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. (a) Projects Subject to Consultation Requirements. For certain development projects, cities and counties must consult with water agencies. If the City is a municipal water provider, the city or county may request that the City prepare a water supply assessment to be included in the relevant environmental documentation for the project. The City may refer to this section when preparing such an assessment or when reviewing projects in its role as a Responsible Agency. This section applies only to water demand projects as defined by Local Guidelines Section 11.83. Program level environmental review may not need to be as extensive as project level environmental review. (See Local Guidelines Sections 8.03 and 8.08.) (b) Water Supply Assessment. When a city or county as Lead Agency determines the type of environmental document that will be prepared for a water demand project or any project that includes a water demand project, the city or county must identify any public water system (as defined in Local Guidelines Sections 11.59 and 11.83) that may supply water for the project. The city or county must also request that the public water system determine whether the projected demand associated with the project was included in the most recently adopted Urban Water Management Plan. The city or county must also request that the public water system prepare a specified water supply assessment for approval at a regular or special meeting of the public water system governing body. A sample request for a water supply assessment is provided as Form “N” of these Local CEQA Guidelines. If no public water system is identified that may supply water for the water demand project, the city or county shall prepare the water supply assessment. The city or county shall consult with any entity serving domestic water supplies whose service area includes the site of the water demand project, the local agency formation commission, and the governing body of any public water system adjacent to the site of the water demand project. The city council or county board of supervisors must approve the water assessment prepared pursuant to this paragraph at a regular or special meeting. 247 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-13 ©Best Best & Krieger LLP As per Water Code section 10910, the water assessment must include identification of existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts, and further information is required if water supplies include groundwater. The water assessment must determine the ability of the public water system to meet existing and future demands along with the demands of the proposed water demand project in light of existing and future water supplies. This supply demand analysis is to be conducted via a twenty-year projection, and must assess water supply sufficiency during normal year, single dry year, and multiple dry year hydrology scenarios. If the public water agency concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies. The city or county may grant the public water agency a thirty (30) day extension of time to prepare the assessment if the public water agency requests an extension within ninety (90) days of being asked to prepare the assessment. If the governing body of the public water system fails to request and receive an extension of time, or fails to submit the water assessment notwithstanding the thirty (30) day extension, the city or county may seek a writ of mandamus to compel the governing body of the public water system to comply. If a water-demand project has been the subject of a water assessment, no additional water assessment shall be required for subsequent water-demand projects that were included in the larger water-demand project if all of the following criteria are met: (1) The entity completing the water assessment concluded that its water supplies are sufficient to meet the projected water demand associated with the larger water- demand project, in addition to the existing and planned future uses, including, but not limited to, agricultural and industrial uses; and (2) None of the following changes has occurred since the completion of the water assessment for the larger water-demand project: (A) Changes in the larger water-demand project that result in a substantial increase in water demand for the water-demand project; (B) Changes in the circumstances or conditions substantially affecting the ability of the public water system identified in the water assessment to provide a sufficient supply of water for the water demand project; and (C) Significant new information becomes available which was not known and could not have been known at the time when the entity had reached its assessment conclusions. (3) The city or county shall include the water assessment, and any water acquisition plan in the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto, prepared for the project, and may include an evaluation of the water assessment and water acquisition plan information within such environmental document. A discussion of water supply availability should be included in the main text of the environmental document. Normally, this discussion should be based on the data and information included in the water 248 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-14 ©Best Best & Krieger LLP supply assessment. In making its required findings under CEQA, the city or county shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. If a city or county determines that water supplies will not be sufficient, the city or county shall include that determination in its findings for the project. The degree of certainty regarding the availability of water supplies will vary depending on the stage of project approval. A Lead Agency should have greater confidence in the availability of water supplies for a specific project than might be required for a conceptual plan (i.e. general plan, specific plan). An analysis of water supply in an environmental document may incorporate by reference information in a water supply assessment, urban water management plan, or other publicly available sources. The analysis shall include the following: (1) Sufficient information regarding the project's proposed water demand and proposed water supplies to permit the Lead Agency to evaluate the pros and cons of supplying the amount of water that the project will need. (2) An analysis of the reasonably foreseeable environmental impacts of supplying water throughout all phases of the project. (3) An analysis of circumstances affecting the likelihood of the water's availability, as well as the degree of uncertainty involved. Relevant factors may include but are not limited to, drought, salt-water intrusion, regulatory or contractual curtailments, and other reasonably foreseeable demands on the water supply. (4) If the Lead Agency cannot determine that a particular water supply will be available, it shall conduct an analysis of alternative sources, including at least in general terms the environmental consequences of using those alternative sources, or alternatives to the project that could be served with available water. For complete information on these requirements, consult Water Code sections 10910, et seq. For other CEQA provisions applicable to these types of projects, see Local Guidelines Sections 7.03 and 7.25. 5.17 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS. Cities and counties must obtain written verification (see Form “O” for a sample) from the applicable public water system(s) that a sufficient water supply is available before approving certain residential development projects. If the City is a municipal water provider for a project, the city or county may request such a verification from the City. The City should also be aware of these requirements when reviewing projects in its role as a Responsible Agency. Cities and counties are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units, unless: 249 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-15 ©Best Best & Krieger LLP (1) The City Council, Board of Supervisors, or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or (2) Under certain circumstances, the City Council, Board of Supervisors or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. For complete information on these requirements, consult Government Code section 66473.7. (Reference: Pub. Resources Code, § 21083.4.) 5.18 IMPACTS TO OAK WOODLANDS. When a county prepares an Initial Study to determine what type of environmental document will be prepared for a project within its jurisdiction, the county must determine whether the project may result in a conversion of oak woodlands that will have a significant effect on the environment. Normally, this rule will not apply to projects undertaken by the City. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA. (Reference: State CEQA Guidelines, § 21083.4.) 5.19 CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS. A. Estimating or Calculating the Magnitude of the Project’s Greenhouse Gas Emissions. The City shall analyze the greenhouse gas emissions of its projects as required by State CEQA Guidelines section 15064.4. For projects subject to CEQA, the City shall make a good- faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. In performing analysis of greenhouse gas emissions, the City, as Lead Agency, shall have discretion to determine, in the context of a particular project, whether to: (1) Quantify greenhouse gas emissions resulting from a project; and/ or (2) Rely on a qualitative analysis or performance-based standards. B. Factors in Determining Significance. In determining the significance of a project's greenhouse gas emissions, the City, when acting as Lead Agency, should focus its analysis on the reasonably foreseeable incremental contribution of the project's emissions to the effects of climate change. A project's incremental contribution may be cumulatively considerable even if it appears relatively small compared to statewide, national, or global emissions. The City’s analysis should consider a timeframe that is 250 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-16 ©Best Best & Krieger LLP appropriate for the project. The City’s analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes. Once the amount of a project’s greenhouse gas emissions have been described, estimated, or calculated, the City should consider the following factors, among others, to determine whether those emissions are significant: (1) The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting. Physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published or the time when the environmental analysis is commenced, will normally constitute the baseline. All project phases, including construction and operation, should be considered in determining whether a project will cause emissions to increase or decrease as compared to the baseline; (2) Whether the project emissions exceed a threshold of significance that the Lead Agency determines applies to the project. The Lead Agency may rely on thresholds of significance developed by experts or other agencies, provided that application of the threshold and the significance conclusion is supported with substantial evidence. When relying on thresholds developed by other agencies, the Lead Agency should ensure that the threshold is appropriate for the project and the project’s location; and (3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions (see, e.g., State CEQA Guidelines section 15183.5(b)). Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project’s incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. In determining the significance of impacts, the Lead Agency may consider a project's consistency with the State's long-term climate goals or strategies, provided that substantial evidence supports the agency's analysis of how those goals or strategies address the project's incremental contribution to climate change and its conclusion that the project's incremental contribution is not cumulatively considerable. The Lead Agency may use a model or methodology to estimate greenhouse gas emissions resulting from a project. The Lead Agency has discretion to select the model or methodology it considers most appropriate to enable decision makers to intelligently take into account the project's incremental contribution to climate change. The Lead Agency must support its selection of a model or methodology with substantial evidence. The Lead Agency should explain the limitations of the particular model or methodology selected for use. 251 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-17 ©Best Best & Krieger LLP C. Consistency with Applicable Plans. When an EIR is prepared, it must discuss any inconsistencies between the proposed project and any applicable general plan, specific plans, and regional plans. This includes, but is not limited to, any applicable air quality attainment plans, regional blueprint plans, or plans for the reduction of greenhouse gas emissions. D. Mitigation Measures Related to Greenhouse Gas Emissions. Lead Agencies must consider feasible means of mitigating the significant effects of greenhouse gas emissions. Any such mitigation measure must be supported by substantial evidence and be subject to monitoring or reporting. Potential mitigation will depend on the particular circumstances of the project, but may include the following, among others: (1) Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the Lead Agency’s decision; (2) Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in State CEQA Guidelines Appendix F; (3) Off-site measures, including offsets that are not otherwise required, to mitigate a project’s emissions; (4) Measures that sequester greenhouse gases; and (5) In the case of the adoption of a plan, such as a general plan, long range development plan, or plan for the reduction of greenhouse gas emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis. Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions. E. Streamlined Analysis of Greenhouse Gas Emissions. Under certain limited circumstances, the legislature has specifically declared that the analysis of greenhouse gas emissions or climate change impacts may be limited. Public Resources Code sections 21155, 21155.2, and 21159.28 provide that if certain residential, mixed use and transit priority projects meet specified ratios and densities, then the lead agencies for those projects may conduct a limited review of greenhouse gas emissions or may be exempted from analyzing global warming impacts that result from cars and light duty trucks, if a detailed list of requirements is met. However, unless the project is exempt from CEQA, the Lead Agency must consider whether such projects will result in greenhouse gas emissions from other sources, including, but not limited to, energy use, water use, and solid waste disposal. 252 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-18 ©Best Best & Krieger LLP F. Tiering. The City may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level. Later project-specific environmental documents may then tier from and/or incorporate by reference that existing programmatic review. G. Plans for the Reduction of Greenhouse Gas Emissions. Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or in a similar document. A plan for the reduction of greenhouse gas emissions should: (1) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; (2) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; (3) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; (4) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; (5) Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and (6) Be adopted in a public process following environmental review. A plan for the reduction of greenhouse gas emissions, once adopted following certification of an EIR, or adoption of another environmental document, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a plan for the reduction of greenhouse gas emissions for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. If there is substantial evidence that the effects of a particular project may be cumulatively considerable notwithstanding the project’s compliance with the specified requirements in the plan for reduction of greenhouse gas emissions, an EIR must be prepared for the project. H. Analyzing the Effects of Climate Change on the Project. Where an EIR is prepared for a project, the EIR shall analyze any significant environmental effects the project might cause by bringing development and people into the project area that may be affected by climate change. In particular, the EIR should evaluate any potentially significant impacts of locating development in areas susceptible to hazardous 253 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-19 ©Best Best & Krieger LLP conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. The analysis may be limited to the potentially significant effects of locating the project in a potentially hazardous location. Further, this analysis may be limited by the project’s life in relation to the potential of such effects to occur and the availability of existing information related to potential future effects of climate change. Further, the EIR need not include speculation regarding such future effects. 5.20 ENERGY CONSERVATION. Potentially significant energy implications of a project must be considered in an EIR to the extent relevant and applicable to the project. Therefore, the project description should identify the following as applicable or relevant to the particular project: (1) Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project; (2) Total energy requirements of the project by fuel type and end use; (3) Energy conservation equipment and design features; (4) Identification of energy supplies that would serve the project; and (5) Total estimated daily vehicle trips to be generated by the project and the additional energy consumed per trip by mode. As described in Local Guidelines Section 5.06, above, an initial study must include a description of the environmental setting. The discussion of the environmental setting may include existing energy supplies and energy use patterns in the region and locality. The City may also consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental impacts may include: (1) The project’s energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed; (2) The effects of the project on local and regional energy supplies and on requirements for additional capacity; (3) The effects of the project on peak and base period demands for electricity and other forms of energy; (4) The degree to which the project complies with existing energy standards; (5) The effects of the project on energy resources; and/or 254 Local Guidelines for Implementing the California Environmental Quality Act (2024) INITIAL STUDY 2024 City of Palm Desert Local Guidelines 5-20 ©Best Best & Krieger LLP (6) The project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives. As discussed above in Section 5.06, the Initial Study must identify the potential environmental effects of the proposed activity. That discussion must include the unavoidable adverse effects. Unavoidable adverse effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated. When discussing energy conservation, alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy. 5.21 ENVIRONMENTAL IMPACT ASSESSMENT. The Initial Study identifies which environmental impacts may be significant. Based upon the Initial Study, Staff shall determine whether a proposed project may or will have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment Form (Form “C”). If Staff finds that a project will not have a significant effect on the environment, it shall recommend that a Negative Declaration be prepared and adopted by the decision-making body. If Staff finds that a project may have a significant effect on the environment, but the effects can be mitigated to a level of insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the decision- making body. If Staff finds that a project may have a significant effect on the environment, it shall recommend that an EIR be prepared and certified by the decision-making body. 5.22 FINAL DETERMINATION. The City Council shall have the final responsibility for determining whether an EIR, Negative Declaration or Mitigated Negative Declaration shall be required for any project. The City Council’s determination shall be final and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 15050(c) of the State CEQA Guidelines. Additionally, in the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City Council also hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal consistent with the City’s established procedures for appeals. (Reference: Pub. Resources Code, § 21151.) 255 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-1 ©Best Best & Krieger LLP 6. NEGATIVE DECLARATION 6.01 DECISION TO PREPARE A NEGATIVE DECLARATION. A Negative Declaration (Form “E”) shall be prepared for a project subject to CEQA when the Initial Study shows that there is no substantial evidence in light of the whole record that the project may have a significant or potentially significant adverse effect on the environment. (See Local Guidelines Sections 11.65 and 11.71.) (Reference: State CEQA Guidelines, § 15070(a).) 6.02 DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION. A Mitigated Negative Declaration (Form “E”) shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but: (a) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur; or (b) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Mitigated Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Mitigated Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. (Reference: State CEQA Guidelines, § 15070(b).) 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City, when acting as Lead Agency, is responsible for preparing all documents required pursuant to CEQA. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City, but they must be the City’s product and reflect the independent judgment of the City. 6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When, based upon the Initial Study, it is recommended to the decision-making body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form “D”) shall be prepared. In addition to being provided to the public through the means set forth in Local Guidelines Section 6.07, this Notice shall also be provided to: 256 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-2 ©Best Best & Krieger LLP (a) Each Responsible and Trustee Agency; (b) Any other federal, state, or local agency that has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.16; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or area-wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources; (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet the other criteria of Local Guidelines Section 6.05, to the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to include hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the other requirements of Local Guidelines Section 6.06, to any potentially affected school district; (f) For certain waste-burning projects that meet the requirements of Local Guidelines Section 5.11 (regarding mandatory preparation of EIR) (see also Local Guidelines Section 7.27), to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located; and (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code section 33333.3. The Notice of Intent must also be posted to the Lead Agency’s website, if any. (Pub. Resources Code, § 21092.2(d).) Additionally, for a project of statewide, regional, or area-wide significance, the Lead Agency should also consult with public transit agencies with facilities within one-half mile of the proposed project. A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. The public review period for a Negative Declaration or Mitigated Negative Declaration shall not be less than twenty (20) days; the public review period shall be at least thirty (30) days 257 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-3 ©Best Best & Krieger LLP where the Negative Declaration or Mitigated Negative Declaration is for a proposed project where (1) a state agency is the lead agency, a responsible agency, or a trustee agency; (2) a state agency otherwise has jurisdiction by law with respect to the project; or (3) the proposed project is of sufficient statewide, regional, or area-wide significance as determined pursuant to State CEQA Guidelines section 15206. The Lead Agency shall give notice of the public review period by filing and posting a Notice of Intent to Adopt a Negative Declaration (Form “D”) with the County Clerk before commencement of the public review period; where a public review period of at least 30 days is required, the Lead Agency shall also electronically submit the Notice of Intent to the State Clearinghouse. (Pub. Resources Code, § 21091.) For purposes of calculating the length of the public review period, the last day of the public review period cannot fall on a weekend, a legal holiday, or other day on which the lead agency’s offices are closed.1 (Reference: Rominger v. County of Colusa (2014) 229 Cal.App.4th 690, 708.) The City requires requests for notices to be in writing and to be renewed annually. If the City is not otherwise required by CEQA or another regulation to provide notice, the City may charge a fee for providing notices to individuals or organizations that have submitted written requests to receive such notices, unless the request is made by another public agency. If the Negative Declaration or Mitigated Negative Declaration has been submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least as long as the period of review and comment by state agencies as established by the State Clearinghouse. (See Local Guidelines Section 6.10.) Day one of the state agency review period shall be the date that the State Clearinghouse distributes the Negative Declaration or Mitigated Negative Declaration to state agencies. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information: (a) The period during which comments shall be received; (b) The date, time and place of any public meetings or hearings on the proposed project; (c) A brief description of the proposed project and its location; (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents incorporated by reference in the proposed Negative Declaration or Mitigated Negative Declaration are available for review; (e) A description of how the proposed Negative Declaration or Mitigated Negative Declaration can be obtained in electronic format; (f) The Environmental Protection Agency (“EPA”) list on which the proposed project site is located, if applicable, and the corresponding information from the applicant’s statement (see Local Guidelines Section 2.04); and 1 A public agency’s “offices are closed” for purposes of this section on days in which the agency is formally closed for business (for example, due to a weekend, a legal holiday, or a formal furlough affecting the entire office). A public agency’s office is not considered closed for purposes of this section where the agency’s office may be physically closed, but the agency is nonetheless open for business and is operating remotely or virtually (for example, in response to the Covid-19 pandemic). 258 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-4 ©Best Best & Krieger LLP (g) The significant effects on the environment, if any, anticipated as a result of the proposed project. (Reference: Pub. Resources Code, §§ 21082.1, 21091, 21161; State CEQA Guidelines, §§ 15072, 15105, 15205.) 6.05 PROJECTS AFFECTING MILITARY SERVICES; DEPARTMENT OF DEFENSE NOTIFICATION. CEQA imposes additional requirements to provide notice to potentially affected military agencies when: (a) The project meets one of the following three criteria: (1) The project includes a general plan amendment; (2) The project is of statewide, regional, or area-wide significance; or (3) The project relates to a public use airport or certain lands surrounding a public use airport; and (b) A “military service” (defined in Section 11.42 of these Local Guidelines) has provided its contact office and address and notified the Lead Agency of the specific boundaries of a “low-level flight path” (defined in Section 11.37 of these Local Guidelines), “military impact zone” (defined in Section 11.41 of these Local Guidelines), or “special use airspace” (defined in Section 11.67 of these Local Guidelines). When a project meets these requirements, the City must provide the military service’s designated contact with a copy of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration that has been prepared for the project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. (Reference: Pub. Resources Code §§ 21080.4 and 21092; Health & Safety Code §§ 25300, et seq., 25396, and 25187.) The City must provide the military service with sufficient notice of its intent to adopt a Negative Declaration or Mitigated Negative Declaration to ensure that the military service has no fewer than twenty (20) days to review the documents before they are approved, provided that the military service shall have a minimum of thirty (30) days to review the environmental documents if the documents have been submitted to the State Clearinghouse. (Reference: State CEQA Guidelines, §§ 15105(b), 15190.5(c).) 6.06 SPECIAL FINDINGS REQUIRED FOR FACILITIES THAT MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school/schools when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a 259 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-5 ©Best Best & Krieger LLP mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 25532(j), and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, a Lead Agency may not approve a Negative Declaration or a Mitigated Negative Declaration unless both of the following have occurred: (a) The Lead Agency consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district(s) was given written notification of the project not less than thirty (30) days prior to the proposed approval of the Negative Declaration. When the City is considering the adoption of a Negative Declaration or Mitigated Negative Declaration for a project that meets these criteria, it can satisfy this requirement by providing the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, the proposed Negative Declaration or Mitigated Negative Declaration, and the Initial Study to the potentially affected school district at least thirty (30) days before the decision-making body will consider the adoption of the Negative Declaration or Mitigated Negative Declaration. See also Local Guidelines Section 6.04. Implementation of this Guideline shall be consistent with the definitions and terms utilized in State CEQA Guidelines section 15186. 6.07 CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES. Prior to the release of a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration for a project, the Lead Agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if: (a) The California Native American tribe requested to the Lead Agency, in writing, to be informed by the Lead Agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe; and (b) The California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. The California Native American tribe shall designate a lead contact person when responding to the Lead Agency. If a lead contact is not designated by the California Native American tribe, or it designates multiple lead contact people, the Lead Agency shall defer to the individuals listed on the contact list maintained by the Native American Heritage Commission. Consultation is defined in Local Guidelines Section 11.11. 260 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-6 ©Best Best & Krieger LLP To expedite the requirements of this section, the Native American Heritage Commission shall assist the Lead Agency in identifying the California American Native tribes that are traditionally and culturally affiliated with the project area. Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the Lead Agency shall provide formal notification to the designated contact of, or a trial representative of, traditionally and culturally affiliated California Native America tribes that have requested notice, which shall be accomplished by at least one written notification that includes a brief description of the proposed project and its location, the Lead Agency contact information, and a notification that the California Native American tribe has 30 days to request consultation. Where the application for a housing development project is deemed to be complete on or after March 4, 2020 and before December 31, 2021, the California Native American tribe shall have 60 days to respond to the Lead Agency and request consultation. (Reference: Gov. Code, § 65583(i).) The Lead Agency shall begin the consultation process within 30 days of receiving a California Native American tribe's request for consultation. If consultation is requested, the parties may propose mitigation measures, including those set forth in Public Resources Code section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project's impacts on the tribal cultural resources, and, if necessary, project alternatives or the appropriate measures for preservation or mitigation that the California Native American tribe may recommend to the Lead Agency. The consultation shall be considered concluded when either of the following occurs: (1) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource. (2) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. The California Native American tribe is not limited in its ability to submit information to the lead agency regarding the significance of the tribal cultural resources, the significance of the project's impact on tribal cultural resources, or any appropriate measures to mitigate the impacts. Additionally, the lead agency or project proponent is not limited in its ability to incorporate changes and additions to the project as a result of the consultation, even if not legally required. (Reference: Pub. Resources Code, §§ 21080.3.1, 21080.3.2.) 261 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-7 ©Best Best & Krieger LLP 6.08 IDENTIFICATION OF TRIBAL CULTURAL RESOURCES AND PROCESSING OF INFORMATION AFTER CONSULTATION WITH THE CALIFORNIA NATIVE AMERICAN TRIBE After consultation with the California Native American tribe listed above in Local Guidelines Section 6.07, any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the Mitigated Negative Declaration and in an adopted mitigation monitoring and reporting program, if the mitigation measures are determined to avoid or lessen the proposed project’s impacts on tribal cultural resources, and if the mitigation measures are enforceable. If a project may have a significant impact on a tribal cultural resource, the Lead Agency's Mitigated Negative Declaration shall discuss both of the following: (a) Whether the proposed project has a significant impact on an identified tribal cultural resource; (b) Whether feasible alternatives or mitigation measures, including those measures that may be agreed to during the consultation, avoid or substantially lessen the impact on the identified tribal cultural resource. Any information provided regarding the location, description and use of the tribal cultural resource that is submitted by a California Native American tribe during the environmental review process shall not be included in the Negative Declaration or Mitigated Negative Declaration or otherwise disclosed by the Lead Agency or any other public agency to the public, consistent with Government Code section 7927.005, and State CEQA Guidelines section 15120(d), without the prior consent of the tribe that provided the information. If the Lead Agency publishes any information submitted by a California Native American tribe during the consultation or environmental review process, that information shall be published in a confidential appendix to the Negative Declaration or Mitigated Negative Declaration unless the tribe provides consent, in writing, to the disclosure of some or all of the information to the public. This does not prohibit the confidential exchange of the submitted information between public agencies that have lawful jurisdiction over the preparation of the Negative Declaration or the Mitigated Negative Declaration. The exchange of confidential information regarding tribal cultural resources submitted by a California Native American tribe during the consultation or environmental review process among the Lead Agency, the California Native American tribe, the project applicant, or the project applicant's agent is not prohibited by Public Resources Code section 21082.3. The project applicant and the project applicant's legal advisers must use a reasonable degree of care and maintain the confidentiality of the information exchanged for the purposes of preventing looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party confidential information regarding the cultural resource unless the California Native American tribe providing the information consents in writing to the public disclosure of such information. Public Resources Code section 21082.3 does not prevent a Lead Agency or other public agency from describing the information in general terms in the Negative Declaration or 262 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-8 ©Best Best & Krieger LLP Mitigated Negative Declaration so as to inform the public of the basis of the Lead Agency's or other public agency's decision without breaching the confidentiality required. In addition, a Lead Agency may adopt a Mitigated Negative Declaration for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs: (a) The consultation process between the California Native American tribe and the Lead Agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to subdivision (b) of Section 21080.3.2. (b) The California Native American tribe has requested consultation pursuant to Public Resources Code section 21080.3.1 and has failed to provide comments to the Lead agency, or otherwise failed to engage, in the consultation process. (c) The Lead Agency has complied with subdivision (d) of Section 21080.3.1 of the Public Resources Code and the California Native American tribe has failed to request consultation within 30 days. If substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource but the decision-makers do not include the mitigation measures recommended by the staff in the Mitigated Negative Declaration, or if there are no agreed upon mitigation measures at the conclusion of the consultation; or if no consultation has occurred, the Lead Agency must still consider the adoption of feasible mitigation. (Reference: Pub. Resources Code, § 21082.3.) 6.09 SIGNIFICANT ADVERSE IMPACTS TO TRIBAL CULTURAL RESOURCES Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. If the Lead Agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the consultation process provided in Public Resources Code section 21080.3.2 and as set forth in Local Guidelines Section 6.07, the following examples of mitigation measures, if feasible, may be considered to avoid or minimize the significant adverse impacts: (a) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. (b) Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to, the following: (1) Protecting the cultural character and integrity of the resource. (2) Protecting the traditional use of the resource. 263 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-9 ©Best Best & Krieger LLP (3) Protecting the confidentiality of the resource. (c) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. (d) Protecting the resource. (Reference: Pub. Resources Code, § 21084.3.) 6.10 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City shall have a copy of the Notice of Intent to Adopt, the Negative Declaration or Mitigated Negative Declaration, and the Initial Study posted at the City’s offices and on the City’s website, if any, and shall make these documents available for public inspection. The Notice must be provided either twenty (20) or thirty (30) days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration. The public review period for a Negative Declaration or Mitigated Negative Declaration prepared for a project subject to state agency review, as set forth in Local Guidelines Section 6.11, must be circulated for at least as long as the review period established by the State Clearinghouse, usually no less than thirty (30) days. Under certain circumstances, a shortened review period of at least twenty (20) days may be approved by the State Clearinghouse as provided for in State CEQA Guidelines section 15105. See the Shortened Review Request Form “P.” The state review period will commence on the date the State Clearinghouse distributes the document to state agencies. The State Clearinghouse will distribute the document within three (3) days of receipt if the Negative Declaration or Mitigated Negative Declaration is deemed complete. The Notice must also be posted in the office of the Clerk in each county in which the project is located and must remain posted throughout the public review period. The County Clerk is required to post the Notice within twenty-four (24) hours of receiving it. Notice shall be provided as stated in Local Guidelines Section 6.04. In addition, Notice of the Intent to Adopt shall be given to the last known name and address of all organizations and individuals who have previously requested notice; by posting the notice on the website of the lead agency; and by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll. The City, when acting as Lead Agency, shall consider all comments received during the public review period for the Negative Declaration or Mitigated Negative Declaration. For a Negative Declaration or Mitigated Negative Declaration, the City is not required to respond in 264 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-10 ©Best Best & Krieger LLP writing to comments it receives either during or after the public review period. However, the City may provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response that refutes the comment or adequately explains the City’s action in light of the comment will assist the City in defending against a legal challenge. The City shall notify any public agency that comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared. (Reference: Pub. Resources Code, § 21092; State CEQA Guidelines, §§ 15072-15073.) 6.11 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO STATE CLEARINGHOUSE. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse, in an electronic form as required by the Office of Planning and Research, regardless of whether the document must be circulated for review and comment by state agencies under State CEQA Guidelines section 15205 and 15206. The Negative Declaration or Mitigated Negative Declaration must be submitted via the Office of Planning and Research’s CEQA Submit website (https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f). The CEQA Submit website differentiates between environmental documents that do require review and comment by state agencies and those that do not. In particular, the website provides a “Local Review Period” tab for submitting documents that do not require review and comment by state agencies, and a “State Review Period” tab for submitting documents that do require review and comment by state agencies. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for review and comment by state agencies (i.e., a Negative Declaration or Mitigated Negative Declaration must be submitted through the CEQA Submit website under the “State Review Period” tab) in the following situations: (a) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency; (b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project; or (c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State CEQA Guidelines section 15206 as being of statewide, regional, or area-wide significance. State CEQA Guidelines section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or area-wide significance that require submission to the State Clearinghouse for circulation: (1) Projects that have the potential to cause significant environmental effects beyond the city or county where the project would be located, such as: 265 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-11 ©Best Best & Krieger LLP (a) Residential development of more than 500 units; (b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space; (c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space; (d) Hotel or motel development of more than 500 rooms; or (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area; (2) Projects for the cancellation of a Williamson Act contract covering 100 or more acres; (3) Projects in one of the following Environmentally Sensitive Areas: (a) Lake Tahoe Basin; (b) Santa Monica Mountains Zone; (c) Sacramento-San Joaquin River Delta; (d) Suisun Marsh; (e) Coastal Zone, as defined by the California Coastal Act; (f) Areas within one-quarter mile of a river designated as wild and scenic; or (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission; (4) Projects that would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species; (5) Projects that would interfere with water quality standards; and (6) Projects that would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Negative Declaration or Mitigated Negative Declaration may also be submitted to the State Clearinghouse for circulation if a state agency has special expertise with regard to the environmental impacts involved. The public review period for a Negative Declaration or a Mitigated Negative Declaration shall not be less than twenty (20) days. The review period, however, shall be at least thirty (30) days if the Negative Declaration or Mitigated Negative Declaration is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or areawide significance as determined pursuant to the guidelines certified and adopted pursuant to State CEQA Guidelines section 15206. When the Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for state agency review, the review period begins (day one) on the date that the State Clearinghouse distributes the Negative Declaration or Mitigated Negative Declaration to state agencies. The State Clearinghouse is required to distribute the Negative Declaration or Mitigated Negative Declaration to state agencies within three (3) working days from the date the 266 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-12 ©Best Best & Krieger LLP State Clearinghouse receives the document, as long as the Negative Declaration or Mitigated Negative Declaration is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse, but the public review period cannot conclude before the state agency review period does. The review period for the public shall be at least as long as the review period established by the State Clearinghouse. A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decision-making body. The shortened review period shall not be less than twenty (20) days. Such a request must be made in writing by the Lead Agency to the Office of Planning and Research. The decision-making body may designate by resolution or ordinance an individual authorized to request a shorter review period. (See Form “P”). Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the Office of Planning and Research for any proposed project of statewide, regional or area-wide environmental significance, as defined by State CEQA Guidelines section 15206. When the City completes its Negative Declaration or Mitigated Negative Declaration for a proposed project, the City must also cause a Notice of Completion (Form “H”) to be filed with the Office of Planning and Research via the Office of Planning and Research’s CEQA Submit website. The Notice of Completion should briefly identify the project, indicate that an environmental document has been prepared for the project, and identify the project location by latitude and longitude. The City must post the Notice of Intent, Notice of Completion, and Negative Declaration or Mitigated Negative Declaration on its website, if any. (Reference: Pub. Resources Code, §§ 21082.1, 21161; State CEQA Guidelines, §§ 15205, 15206.) 6.12 SPECIAL NOTICE REQUIREMENTS FOR WASTE- AND FUEL-BURNING PROJECTS. For any project that involves the burning of municipal waste, hazardous waste, or refuse- derived fuel (such as tires) and that does not require an EIR, as defined in Local Guidelines Section 5.11, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall be given to all organizations and individuals who have previously requested it and shall also be given by all three of the procedures listed in Local Guidelines Section 6.07. In addition, Notice shall be given by direct mailing to the owners and occupants of property within one-quarter mile of any parcel or parcels on which such a project is located. These notice requirements apply only to those projects described in Local Guidelines Section 5.11. These notice requirements do not preclude the City from providing additional notice by other means if desired. (Reference: Pub. Resources Code, § 21092(c).) 267 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-13 ©Best Best & Krieger LLP 6.13 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances a city or county acting as Lead Agency must consult with the public water system that will supply the project to determine whether the public water system can adequately supply the water needed for the project. As a Responsible Agency, the City should be aware of these requirements. See Local Guidelines Section 5.16 for more information on these requirements. (Reference: State CEQA Guidelines, § 15155.) 6.14 CONTENT OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. A Negative Declaration must be prepared directly by or under contract to the City and should generally resemble Form “E.” It shall contain the following information: (a) A brief description of the project proposed, including any commonly used name for the project; (b) The location of the project and the name of the project proponent; (c) A finding that the project as proposed will not have a significant effect on the environment; and (d) An attached copy of the Initial Study documenting reasons to support the finding. For a Mitigated Negative Declaration, feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law. The proposed Negative Declaration or Mitigated Negative Declaration must reflect the independent judgment of the City. (Reference: State CEQA Guidelines, § 15071.) 6.15 TYPES OF MITIGATION. The following is a non-exhaustive list of potential types of mitigation the City may consider: (a) Avoidance; (b) Preservation; (c) Rehabilitation or replacement. Replacement may be on-site or off-site depending on the particular circumstances; and/or (d) Participation in a fee program. (Reference: State CEQA Guidelines, § 15370.) 268 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-14 ©Best Best & Krieger LLP 6.16 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but not before the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decision-making body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If new information is added to the Negative Declaration or Mitigated Negative Declaration after public review, the City should determine whether recirculation is warranted. (See Local Guidelines Section 6.19). If the decision-making body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. If the decision-making body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. When adopting a Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material that constitute the record of proceedings upon which it based its decision. If adopting a Negative Declaration for a project that may emit hazardous air emissions within one-quarter mile of a school and that meets the other requirements of Local Guidelines Section 6.06, the decision-making body must also make the findings required by Local Guidelines Section 6.06. As Lead Agency, the City may charge a non-elected official or body with the responsibility of independently reviewing the adequacy of and adopting a Negative Declaration or a Mitigated Negative Declaration. Any final CEQA determination made by a non-elected decisionmaker, however, is appealable to the City Council within either (a) the time period set forth in the City’s established process to appeal the non-elected decisionmaker’s CEQA determination; or, if no such process exists, (2) ten (10) days of the non-elected decisionmaker’s determination. If the non-elected decisionmaker’s CEQA determination is not timely appealed as set forth herein, the non-elected decisionmaker’s determination shall be final. (Reference: State CEQA Guidelines, § 15074.) 6.17 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION. When adopting a Mitigated Negative Declaration pursuant to Local Guidelines Section 6.13, the City shall adopt a reporting or monitoring program to assure that mitigation measures, which are required to mitigate or avoid significant effects on the environment, will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval. The City shall also specify the location and the custodian of the documents that constitute the record of proceedings upon which it based its decision. There is no requirement that the reporting or monitoring program be circulated for public review; however, 269 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-15 ©Best Best & Krieger LLP the City may choose to circulate it for public comments along with the Mitigated Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project and shall otherwise comply with the requirements described in Local Guidelines Section 7.38. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Mitigated Negative Declaration (see Local Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City can charge the project proponent a fee to cover actual costs of program processing and implementation. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional or area-wide significance according to State CEQA Guidelines section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. (Reference: State CEQA Guidelines, §§ 15074, 15097.) 6.18 APPROVAL OR DISAPPROVAL OF PROJECT. At the time of adoption of a Negative Declaration or Mitigated Negative Declaration, the decision-making body may consider the project for purposes of approval or disapproval. Prior to approving the project, the decision-making body shall consider the Negative Declaration or Mitigated Negative Declaration, together with any written comments received and considered during the public review period, and shall approve or disapprove the Negative Declaration or Mitigated Negative Declaration. In making a finding as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in Local Guidelines Section 5.08 should be considered. (See Local Guidelines Section 6.06 for approval requirements for facilities that may emit hazardous pollutants or that may handle extremely hazardous substances within one-quarter mile of a school site.) (Reference: State CEQA Guidelines, § 15092.) 270 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-16 ©Best Best & Krieger LLP 6.19 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. A Negative Declaration or Mitigated Negative Declaration must be recirculated when the document must be substantially revised after the public review period but prior to its adoption. A “substantial revision” occurs when the City has identified a new and avoidable significant effect for which mitigation measures or project revisions must be added in order to reduce the effect to a level of insignificance, or when the City determines that the proposed mitigation measures or project revisions will not reduce the potential effects to less than significant and new measures or revisions must be required. Recirculation is not required under the following circumstances: (a) Mitigation measures are replaced with equal or more effective measures, and the City makes a finding to that effect; (b) New project revisions are added after circulation of the Negative Declaration or Mitigated Negative Declaration or in response to written or oral comments on the project’s effects, but the revisions do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; (c) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects, and are not necessary to mitigate an avoidable significant effect; or (d) New information is added to the Negative Declaration or Mitigated Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration. If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall prepare and circulate the Draft EIR for consultation and review and advise reviewers in writing that a proposed Negative Declaration or Mitigated Declaration had previously been circulated for the project. (Reference: State CEQA Guidelines, § 15073.5.) 6.20 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED. After final approval of a project for which a Negative Declaration or Mitigated Negative Declaration has been prepared, Staff shall cause to be prepared, filed, and posted a Notice of Determination (Form “F”). The Notice of Determination shall contain the following information: (a) An identification of the project, including the project title as identified on the proposed Negative Declaration or Mitigated Negative Declaration, location, and the State Clearinghouse identification number for the proposed Negative Declaration or Mitigated Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; (b) For private projects, identification of the person undertaking a project that is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of 271 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-17 ©Best Best & Krieger LLP assistance from one or more public agencies or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies; (c) A brief description of the project; (d) The name of the City and the date on which the City approved the project; (e) The determination of the City that the project will not have a significant effect on the environment; (f) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA; (g) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; and (h) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. The City must also post the Notice of Determination on its website. Such electronic notice is in addition to the posting requirements of the State CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with OPR within five (5) working days of project approval along with proof of payment of the DFW fee or a no effect determination form from the DFW (see Local Guidelines Section 6.24). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Offices. If a written request has been made for a copy of the Notice of Determination prior to the date on which the City adopts the Negative Declaration or Mitigated Negative Declaration, the copy must be mailed, first class postage prepaid, within five (5) days of the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of the Notice of Determination with the County Clerk, and, if necessary, with OPR, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitations to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations. 272 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-18 ©Best Best & Krieger LLP (Reference: State CEQA Guidelines, § 15075.) 6.21 ADDENDUM TO NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City may prepare an addendum to an adopted Negative Declaration or Mitigated Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted Negative Declaration or Mitigated Negative Declaration when none of the conditions calling for a subsequent Negative Declaration or Mitigated Negative Declaration have occurred. (See Local Guidelines Section 6.22 below.) An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration or Mitigated Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration or Mitigated Negative Declaration prior to project approval. (Reference: State CEQA Guidelines, § 15164.) 6.22 SUBSEQUENT NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When a Negative Declaration or Mitigated Negative Declaration has been adopted for a project, or when an EIR has been certified, no subsequent Negative Declaration, Mitigated Negative Declaration, or EIR shall be prepared for that project unless the Lead Agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (a) Substantial changes are proposed in the project which will require major revisions of the previous EIR, Negative Declaration, or Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (b) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR, Negative Declaration, or Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following: (1) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (3) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s) or alternative(s); or 273 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-19 ©Best Best & Krieger LLP (4) Mitigation measure(s) or alternative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s). The City, as Lead Agency, would then determine whether a Subsequent EIR, Supplemental EIR, Subsequent Negative Declaration, Subsequent Mitigated Negative Declaration, or Addendum would be applicable. Subsequent Negative Declarations and Mitigated Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed. (Reference: State CEQA Guidelines, § 15162.) 6.23 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative Declaration or Mitigated Negative Declaration and Notice of Determination. 6.24 FILING FEES FOR PROJECTS THAT AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for a Negative Declaration or Mitigated Negative Declaration is filed with the County or Counties in which the project is located, a fee of $2,764.00, or the then applicable fee, shall be paid to the Clerk for projects that will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFW pursuant to Fish and Game Code section 711.4. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. (Fish & Game Code section 711.4(g).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee for each project in addition to the Fish and Game Code fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. For private projects, the City may pass these costs on to the project applicant. Fish and Game Code fees may be waived for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency; however, the Lead Agency must obtain a form showing that the DFW has determined that the project will have “no effect” on fish and wildlife. (Fish and Game Code section 711.4(c)(2)(A)). Projects that are statutorily or categorically exempt from CEQA are also not subject to the filing fee, and do not require a no effect determination. (State CEQA Guidelines sections 15260 through 15333; Fish and Game Code section 711.4(d)(1)). The applicable DFW Regional Office’s environmental review and 274 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-20 ©Best Best & Krieger LLP permitting staff are responsible for determining whether a project within their region will qualify for a no effect determination and if the CEQA filing fee will be waived. The request should be submitted when the CEQA document is released for public review, or as early as possible in the public comment period. Documents submitted in digital format are preferred (e.g. compact disk). If insufficient documentation is submitted to DFW for the proposed project, a no effect determination will not be issued. If the City believes that a project for which it is Lead Agency will have “no effect” on fish or wildlife resources, it should contact the appropriate DFW Regional Office. The project’s CEQA document may need to be provided to the appropriate DFW Regional Office along with a written request. Documentation submitted to the appropriate DFW Regional Office should set forth facts in support of the fee exemption. Previous examples of projects that have qualified for a fee exemption include: minor zoning changes that did not lead to or allow new construction, grading, or other physical alterations to the environment; and minor modifications to existing structures, including addition of a second story to single or multi-family residences. The fee exemption requirement that the project have “no” impact on fish or wildlife resources is more stringent than the former requirement that a project have only “de minimis” effects on fish or wildlife resources. DFW may determine that a project would have no effect on fish and wildlife if all of the following conditions apply: • The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species. • The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species. • The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife. • The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance. • The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species. Any request for a fee exemption should include the following information: (1) the name and address of the project proponent and applicant contact information; (2) a brief description of the project and its location; (3) site description and aerial and/or topographic map of the project site; (4) State Clearinghouse number or county filing number; 275 Local Guidelines for Implementing the California Environmental Quality Act (2024) NEGATIVE DECLARATION 2024 City of Palm Desert Local Guidelines 6-21 ©Best Best & Krieger LLP (5) a statement that an Initial Study has been prepared by the City to evaluate the project’s effects on fish and wildlife resources, if any; and (6) a declaration that, based on the City’s evaluation of potential adverse effects on fish and wildlife resources, the City believes the project will have no effect on fish or wildlife. If insufficient documentation is submitted to DFW for the proposed project, a no effect determination will not be issued. (A sample Request for Fee Exemption is attached as Form “L”.) DFW will review the City’s finding, and if DFW agrees with the City’s conclusions, DFW will provide the City with written confirmation. Retain DFW’s determination as part of the administrative record; the City is required to file a copy of this determination with the County after project approval and at the time of filing of the Notice of Determination. The Lead Agency must have written confirmation of DFW’s finding of “no impact” at the time the Lead Agency files its Notice of Determination with the County. The County cannot accept the Notice of Determination unless it is accompanied by the appropriate fee or a written no effect determination from DFW. 276 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-1 ©Best Best & Krieger LLP 7. ENVIRONMENTAL IMPACT REPORT 7.01 DECISION TO PREPARE AN EIR. An EIR shall be prepared whenever there is substantial evidence in light of the whole record which supports a fair argument that the project may have a significant effect on the environment. (See Local Guidelines Sections 11.65 and 11.71.) The record may include the Initial Study or other documents or studies prepared to assess the project’s environmental impacts. (Reference: Pub. Resources Code, § 21151.) 7.02 CONTRACTING FOR PREPARATION OF EIRS. If an EIR is prepared under a contract with the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time limit. (Reference: Pub. Resources Code, § 21151.5.) The EIR prepared under contract must be the City’s product. Staff, together with such consultant help as may be required, shall independently review and analyze the EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decision-making body. The EIR made available for public review must reflect the independent judgment of the City. Staff may require such information and data from the person or entity proposing to carry out the project as Staff deems necessary for completion of the EIR. (Reference: State CEQA Guidelines, §§ 15084, 15090.) 7.03 NOTICE OF PREPARATION OF DRAFT EIR. After determining that an EIR will be required for a proposed project, the Lead Agency shall prepare and submit a Notice of Preparation (Form “G”) to the Office of Planning and Research through its CEQA Submit website and to each of the following: (a) Each Responsible Agency and Trustee Agency involved with the project; (b) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.16; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or area-wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and 277 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-2 ©Best Best & Krieger LLP (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, the California Department of Water Resources; (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet the other criteria in Local Guidelines Section 7.04, the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.36, any potentially affected school district; (f) For certain waste-burning projects that meet the requirements of Local Guidelines Section 5.11 (See also Local Guidelines Section 7.27), the owners and occupants of property within one-fourth mile of any parcel on which the project will be located; and (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, the agricultural and farm agencies and organizations specified in Health and Safety Code section 33333.3. Additionally, for a project of statewide, regional, or area-wide significance, the Lead Agency should also consult with public transit agencies with facilities within one-half mile of the proposed project. The Notice of Preparation must also be filed and posted in the office of the Clerk in each county in which the project is located for thirty (30) days. The County Clerk must post the Notice within twenty-four (24) hours of receipt. When submitting the Notice of Preparation to OPR, a Notice of Completion (Form “H”) should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse have thirty (30) days to respond to the Notice of Preparation in writing via certified mail, email, or an equivalent procedure. Agencies that do not respond within thirty (30) days shall be deemed not to have any comments on the Notice of Preparation. At a minimum, the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the USGS 15’ or 7½’ topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area; (c) The probable environmental effects of the project; (d) The name and address of the consulting firm retained to prepare the Draft EIR, if applicable; and (e) The Environmental Protection Agency (“EPA”) list on which the proposed site is located, if applicable, and the corresponding information from the applicant’s statement. (See Local Guidelines Section 2.04.) 278 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-3 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15082.) 7.04 SPECIAL NOTICE REQUIREMENTS FOR AFFECTED MILITARY AGENCIES CEQA imposes additional requirements to provide notice to potentially affected military agencies when: (a) A “military service” (defined in Section 11.42 of these Local Guidelines) has provided the City with its contact office and address and notified the City of the specific boundaries of a “low-level flight path” (defined in Section 11.37 of these Local Guidelines), “military impact zone” (defined in Section 11.41 of these Local Guidelines), or “special use airspace” (defined in Section 11.67 of these Local Guidelines); and (b) The project meets one of the following criteria: (1) The project is within the boundaries specified pursuant to subsection (a) of this guideline; (2) The project includes a general plan amendment; (3) The project is of statewide, regional, or area-wide significance; or (4) The project relates to a public use airport or certain lands surrounding a public use airport. When a project meets these requirements, the City must provide the military service’s designated contact with any Notice of Preparation, and/or Notice of Availability of Draft EIRs that have been prepared for a project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. The City must provide the military service with sufficient notice of its intent to certify an EIR to ensure that the military service has no fewer than thirty (30) days to review the document; or forty-five (45) days to review the environmental documents before they are approved if the documents have been submitted to the State Clearinghouse. It should be noted that the effect, or potential effect, a project may have on military activities does not itself constitute an adverse effect on the environment pursuant to CEQA. (Reference: Pub. Resources Code, §§ 21080.4, 21092; Health & Safety Code, §§ 25300, et seq., 25396, 25187; State CEQA Guidelines, § 15082(a).) 7.05 ENVIRONMENTAL LEADERSHIP DEVELOPMENT PROJECT. Under certain circumstances, a project applicant may choose to apply to the Governor of the State of California to have the project certified as an Environmental Leadership Development Project. A project may qualify as an Environmental Leadership Development Project if it is one of the following: 279 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-4 ©Best Best & Krieger LLP (1) A residential, retail, commercial, sports, cultural, entertainment, or recreational use project that meets the following standards:  The project is certified as Leadership in Energy and Environmental Design (LEED) gold or better by the United States Green Building Council; and  The project, where applicable, achieves a 15 percent greater standard for transportation efficiency than comparable projects; and  The project is located on an infill site; and  For a project that is within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the infill project shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (2) A clean renewable energy project that generates electricity exclusively through wind or solar, but not including waste incineration or conversion. (3) A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles. (4) A housing development project—i.e., a project that entails either residential units only; mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; or transitional housing or supportive housing—that meets all of the following conditions:  The housing development project is located on an infill site.  For a housing development project that is located within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. 280 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-5 ©Best Best & Krieger LLP  Notwithstanding paragraph (1) of subdivision (a) of Section 21183, the housing development project will result in a minimum investment of fifteen million dollars ($15,000,000), but less than one hundred million dollars ($100,000,000), in California upon completion of construction.  At least 15 percent of the housing development project is dedicated as housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Upon completion of a housing development project that is qualified under this paragraph and is certified by the Governor, the lead agency or applicant of the project shall notify the Office of Planning and Research of the number of housing units and affordable housing units established by the project. Notwithstanding the foregoing, if a local agency has adopted an inclusionary zoning ordinance that establishes a minimum percentage for affordable housing within the jurisdiction in which the housing development project is located that is higher than 15 percent, the percentage specified in the inclusionary zoning ordinance shall be the threshold for affordable housing.  Except for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code, no part of the housing development project shall be used for a rental unit for a term shorter than 30 days, or designated for hotel, motel, bed and breakfast inn, or other transient lodging use. Moreover, no part of the housing development project shall be used for manufacturing or industrial uses. The Governor may certify a leadership project for streamlining before the lead agency certifies an EIR for the project if various conditions set forth in Public Resources Code section 21182 are met. The conditions include but are not limited to the following: (1) except as set forth above, the project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction; (2) the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, provide construction jobs and permanent jobs for Californians, helps reduce unemployment, and promotes apprenticeship training; and (3) the project will not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation. If the Governor certifies a project as an Environmental Leadership Development Project, any lawsuit challenging the project—including any potential appeals to the court of appeal or the California Supreme Court—must be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the trial court. This section shall remain in effect until January 1, 2026. This section does not comprehensively set forth the rules governing Environmental Leadership Development projects. For more information, please see Chapter 6.5 of the Public Resources Code, starting with Public Resources Code section 21178. 281 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-6 ©Best Best & Krieger LLP 7.06 PREPARATION OF DRAFT EIR. The Lead Agency is responsible for preparing a Draft EIR. The Lead Agency may begin preparation of the Draft EIR without awaiting responses to the Notice of Preparation. However, information communicated to the Lead Agency not later than thirty (30) days after receipt of the Notice of Preparation shall be included in the Draft EIR. (Reference: State CEQA Guidelines, § 15084.) 7.07 CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES. Prior to the release of a Draft EIR for a project, the Lead Agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if: (a) The California Native American tribe requested to the Lead Agency, in writing, to be informed by the Lead Agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe; and (b) The California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. The California Native American tribe shall designate a lead contact person when responding to the Lead Agency. If a lead contact is not designated by the California Native American tribe, or if it designates multiple lead contact people, the Lead Agency shall defer to the individuals listed on the contact list maintained by the Native American Heritage Commission. Consultation is defined in Local Guidelines Section 11.11. To expedite the requirements of this section, the Native American Heritage Commission shall assist the Lead Agency in identifying the California American Native tribes that are traditionally and culturally affiliated with the project area. Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the Lead Agency shall provide formal notification to the designated contact of, or a trial representative of, traditionally and culturally affiliated California Native America tribes that have requested notice, which shall be accomplished by at least one written notification that includes a brief description of the proposed project and its location, the Lead Agency contact information, and a notification that the California Native American tribe has 30 days to request consultation. The Lead Agency shall begin the consultation process within 30 days of receiving a California Native American tribe's request for consultation. If consultation is requested, the parties may propose mitigation measures, including those set forth in Public Resources Code section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would 282 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-7 ©Best Best & Krieger LLP avoid significant impacts to a tribal cultural resource. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project's impacts on the tribal cultural resources, and, if necessary, project alternatives or the appropriate measures for preservation or mitigation that the California Native American tribe may recommend to the lead agency. The consultation shall be considered concluded when either of the following occurs: (1) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource. (2) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached. The California Native American tribe is not limited in its ability to submit information to the Lead Agency regarding the significance of the tribal cultural resources, the significance of the project's impact on tribal cultural resources, or any appropriate measures to mitigate the impacts. Additionally, the Lead Agency or project proponent is not limited in its ability to incorporate changes and additions to the project as a result of the consultation, even if not legally required. (Reference: Pub. Resources Code, §§ 21080.3.1, 21080.3.2.) 7.08 IDENTIFICATION OF TRIBAL CULTURAL RESOURCES AND PROCESSING OF INFORMATION AFTER CONSULTATION WITH THE CALIFORNIA NATIVE AMERICAN TRIBE After consultation with the California Native American tribe listed above in Local Guidelines Section 7.07, any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the EIR and in an adopted mitigation monitoring and reporting program, if the mitigation measures are determined to avoid or lessen the proposed project’s impacts on tribal cultural resources, and if the mitigation measures are enforceable. If a project may have a significant impact on a tribal cultural resource, the Lead Agency's EIR shall discuss both of the following: (a) Whether the proposed project has a significant impact on an identified tribal cultural resource; (b) Whether feasible alternatives or mitigation measures, including those measures that may be agreed to during the consultation, avoid or substantially lessen the impact on the identified tribal cultural resource. Any information provided regarding the location, description and use of the tribal cultural resource that is submitted by a California Native American tribe during the environmental review process shall not be included in the EIR or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Government Code section 7927.005, and State 283 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-8 ©Best Best & Krieger LLP CEQA Guidelines section 15120(d), without the prior consent of the tribe that provided the information. If the Lead Agency publishes any information submitted by a California Native American tribe during the consultation or environmental review process, that information shall be published in a confidential appendix to the EIR unless the tribe provides consent, in writing, to the disclosure of some or all of the information to the public. This does not prohibit the confidential exchange of the submitted information between public agencies that have lawful jurisdiction over the preparation of the EIR. The exchange of confidential information regarding tribal cultural resources submitted by a California Native American tribe during the consultation or environmental review process among the Lead Agency, the California Native American tribe, the project applicant, or the project applicant's agent is not prohibited by Public Resources Code section 21082.3. The project applicant and the project applicant's legal advisers must use a reasonable degree of care and maintain the confidentiality of the information exchanged for the purposes of preventing looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party confidential information regarding the cultural resource unless the California Native American tribe providing the information consents in writing to the public disclosure of such information. Public Resources Code section 21082.3 does not prevent a Lead Agency or other public agency from describing the information in general terms in the EIR so as to inform the public of the basis of the Lead Agency's or other public agency's decision without breaching the confidentiality required. In addition, a Lead Agency may certify an EIR for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs: (a) The consultation process between the California Native American tribe and the Lead Agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to subdivision (b) of Section 21080.3.2. (b) The California Native American tribe has requested consultation pursuant to Public Resources Code section 21080.3.1 and has failed to provide comments to the Lead Agency, or otherwise failed to engage, in the consultation process. (c) The Lead Agency has complied with subdivision (d) of Section 21080.3.1 of the Public Resources Code and the California Native American tribe has failed to request consultation within 30 days. If substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource but the decision-makers do not include the mitigation measures recommended by the staff in the Draft EIR, or if there are no agreed upon mitigation measures at the conclusion of the consultation, or if no consultation has occurred, the Lead Agency must still consider the adoption of feasible mitigation. (Reference: Pub. Resources Code, § 21082.3.) 284 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-9 ©Best Best & Krieger LLP 7.09 SIGNIFICANT ADVERSE IMPACTS TO TRIBAL CULTURAL RESOURCES Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. If the Lead Agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the consultation process provided in Public Resources Code section 21080.3.2 as set forth in Local Guidelines Section 7.07, the following examples of mitigation measures, if feasible, may be considered to avoid or minimize the significant adverse impacts: (a) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. (b) Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to the following: (1) Protecting the cultural character and integrity of the resource. (2) Protecting the traditional use of the resource. (3) Protecting the confidentiality of the resource. (c) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places. (d) Protecting the resource. (Reference: Pub. Resources Code, § 21084.3.) 7.10 CONSULTATION WITH OTHER AGENCIES AND PERSONS. To expedite consultation in response to the Notice of Preparation, the Lead Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies involved to assist in determining the scope and content of the environmental information that the involved agencies may require. For any project that may affect highways or other facilities under the jurisdiction of the State Department of Transportation, the Department of Transportation can request a scoping meeting. When acting as Lead Agency, the City must convene the meeting as soon as possible but no later than thirty (30) days after a request is made. When acting as a Responsible Agency, the City should make any requests for consultation as soon as possible after receiving a Notice of Preparation. Prior to completion of the Draft EIR, the Lead Agency shall consult with each Responsible Agency and any public agency that has jurisdiction by law over the project. 285 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-10 ©Best Best & Krieger LLP When acting as a Lead Agency, the City may fulfill this obligation by distributing the Notice of Preparation in compliance with Local Guidelines Section 7.03 and soliciting the comments of Responsible Agencies, Trustee Agencies, and other affected agencies. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project, including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consultation is to “scope” the EIR’s range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. For private projects, the City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations. In addition to soliciting comments on the Notice of Preparation, the Lead Agency may be required to conduct a scoping meeting to gather additional input regarding the impacts to be analyzed in the EIR. The Lead Agency is required to conduct a scoping meeting when: (a) The meeting is requested by a Responsible Agency, a Trustee Agency, OPR, or a project applicant; (b) The project is one of “statewide, regional or area wide significance” as defined in State CEQA Guidelines section 15206; or (c) The project may affect highways or other facilities under the jurisdiction of the State Department of Transportation, and the Department of Transportation has requested a scoping meeting. When acting as Lead Agency, the City shall provide notice of the scoping meeting to all of the following: (a) Any county or city that borders on a county or city within which the project is located, unless the City has a specific agreement to the contrary with that county or city; (b) Any Responsible Agency; (c) Any public agency that has jurisdiction by law over the project; (d) A transportation planning agency, or any public agency that has transportation facilities within its jurisdiction, that could be affected by the project; and (e) Any organization or individual who has filed a written request for the notice. The requirement for providing notice of a scoping meeting may be met by including the notice of the public scoping meeting in the public meeting notice. Government Code section 65352 requires that before a legislative body may adopt or substantially amend a general plan, the planning agency must refer the proposed action to any city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action. CEQA allows that referral procedure to be conducted concurrently with the scoping meeting required pursuant to this section of the Local CEQA Guidelines. 286 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-11 ©Best Best & Krieger LLP For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed above, and in accordance with these Local Guidelines. (See Local Guideline 5.04 for a discussion of NEPA.) The City shall call the scoping meeting as soon as possible but not later than 30 days after the meeting was requested. If the scoping meeting is being conducted concurrently with the procedure in Government Code section 65352 for the consideration of adoption or amendment of general plans, each entity receiving a proposed general plan or amendment of a general plan should have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified. The commenting entity may submit its comments at the scoping meeting. A Responsible Agency or other public agency shall only make comments regarding those activities that are within its area of expertise or that are required to be carried out or approved by the Responsible Agency. These comments must be supported by specific documentation. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority. For projects of statewide, area-wide, or regional significance, consultation with transportation planning agencies or with public agencies that have transportation facilities within their jurisdictions shall be for the purpose of obtaining information concerning the project’s effect on major local arterials, public transit, freeways, highways, overpasses, on-ramps, off- ramps, and rail transit services. Moreover, the Lead Agency should also consult with public transit agencies with facilities within one-half mile of the proposed project. Any transportation planning agency or public agency that provides information to the Lead Agency must be notified of, and provided with, copies of any environmental documents relating to the project. (Reference: State CEQA Guidelines, §§ 15082, 15083.) 7.11 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE. When the project involves the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the City, upon request of the applicant, shall meet with the applicant regarding the range of actions, potential alternatives, mitigation measures and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted. Such requests for early consultation must be made not later than thirty (30) days after the City’s decision to prepare an EIR. 7.12 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. For certain development projects, cities and counties must consult with water agencies. If the City is a water provider for the project, the city or county may request consultation with the City. (See Local Guidelines Sections 5.16 and 5.17 for more information on these requirements.) 287 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-12 ©Best Best & Krieger LLP (Reference: State CEQA Guidelines, § 15155.) 7.13 AIRPORT LAND USE PLAN. When the City prepares an EIR for a project within the boundaries of a comprehensive airport land use plan, or, if such a plan has not been adopted, for a project within two (2) nautical miles of a public airport or public use airport, the City shall utilize the Airport Land Use Planning Handbook published by Caltrans’ Division of Aeronautics to assist in the preparation of the EIR relative to potential airport or related safety hazards and noise problems. (Reference: State CEQA Guidelines, § 15154.) 7.14 GENERAL ASPECTS OF AN EIR. Both a Draft and Final EIR must contain the information outlined in Local Guidelines Sections 7.17 and 7.18. Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered. The body of the EIR shall include summarized technical data, maps, diagrams and similar relevant information. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. An EIR shall not include “trade secrets,” locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code section 7920.000, et seq.). The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the EIR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project that have been identified as potentially significant or important. A copy of the Initial Study should be attached to the EIR or included in the administrative record to provide a basis for limiting the impacts discussed. The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.15 USE OF REGISTERED CONSULTANTS IN PREPARING EIRS. An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies that will be used in an EIR, or that will control the detailed 288 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-13 ©Best Best & Krieger LLP design, construction, or operation of the proposed project and that will be prepared in support of an EIR. (Reference: State CEQA Guidelines, § 15149.) 7.16 INCORPORATION BY REFERENCE. An EIR, Negative Declaration, or Mitigated Negative Declaration may incorporate by reference all or portions of another document that is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the environmental document. When all or part of another document is incorporated by reference, that document shall be made available to the public for inspection at the City’s offices. The environmental document shall state where incorporated documents will be available for inspection. When incorporation by reference is used, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the EIR, Negative Declaration, or Mitigated Negative Declaration shall be described. When information from an environmental document that has previously been reviewed through the state review system (“State Clearinghouse”) is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIR. (Reference: State CEQA Guidelines, § 15150.) 7.17 STANDARDS FOR ADEQUACY OF AN EIR. An EIR should be prepared with a sufficient degree of analysis to provide decision- makers with information that enables them to make a decision that takes into account the environmental consequences of the project. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be written and presented in such a way that it can be understood by governmental decision-makers and members of the public. A good faith effort at completeness is necessary. The adequacy of an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a Lead Agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters, but CEQA does require the Lead Agency to make a good faith, reasoned response to timely comments raising significant environmental issues. There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on subjects related to the project. (Reference: State CEQA Guidelines, § 15151.) 289 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-14 ©Best Best & Krieger LLP 7.18 FORM AND CONTENT OF EIR. The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State CEQA Guidelines. In brief, the EIR must contain: (a) A table of contents or an index; (b) A brief summary of the proposed project, including each significant effect with proposed mitigation measures and alternatives, areas of known controversy and issues to be resolved including the choice among alternatives, how to mitigate the significant effects and whether there are any significant and unavoidable impacts (generally, the summary should be less than fifteen (15) pages); (c) A description of the proposed project, including its underlying purpose and a list of permit and other approvals required to implement the project (see Local Guidelines Section 7.24 regarding analysis of future project expansion); (d) A description of the environmental setting, which includes the project’s physical environmental conditions from both a local and regional perspective at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis begins. (State CEQA Guidelines section 15125.) This environmental setting will normally constitute the baseline physical conditions by which the Lead Agency determines whether an impact is significant. However, the City, when acting as Lead Agency, may choose any baseline that is appropriate as long as the City’s choice of baseline is supported by substantial evidence; (e) A discussion of any inconsistencies between the proposed project and applicable general, specific and regional plans. Such plans include, but are not limited to, the applicable air quality attainment or maintenance plan or State Implementation Plan, area-wide waste treatment and water quality control plans, regional transportation plans, regional housing allocation, regional blueprint plans, plans for the reduction of greenhouse gas emissions, habitat conservation plans, natural community conservation plans and regional land use plans; (f) A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects that are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long- term effects; (g) Potentially significant energy implications of a project must be considered to the extent relevant and applicable to the project (see Local Guidelines Section 5.20); (h) An analysis of a range of alternatives to the proposed project that could feasibly attain the project’s objectives as discussed in Local Guidelines Section 7.23; (i) A description of any significant irreversible environmental changes that would be involved in the proposed action should it be implemented if, and only if, the EIR is being prepared in connection with: 290 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-15 ©Best Best & Krieger LLP (1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) The adoption by a Local Agency Formation Commission of a resolution making determinations; or (3) A project that will be subject to the requirement for preparing an Environmental Impact Statement pursuant to NEPA; (j) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Growth-inducing impacts may include the estimated energy consumption of growth induced by the project; (k) A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Local Guidelines Section 7.24; (l) In certain situations, a regional analysis should be completed for certain impacts, such as air quality; (m) A discussion of any economic or social effects, to the extent that they cause, or may be used to determine, significant environmental impacts; (n) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR; (o) The identity of all federal, state or local agencies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. To the fullest extent possible, the City should integrate CEQA review with these related environmental review and consultation requirements; (p) A discussion of those potential effects of the proposed project on the environment that the City has determined are or may be significant. The discussion on other effects may be limited to a brief explanation as to why those effects are not potentially significant; and (q) A description of feasible measures, as set forth in Local Guidelines Section 7.22, which could minimize significant adverse impacts. (Reference: State CEQA Guidelines, §§ 15120-15148.) 7.19 CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL IMPACTS. An EIR must identify and focus on the significant effects of the proposed project on the environment. In assessing the proposed project’s potential impacts on the environment, the City should normally limit its examination to comparing changes that would result from the project as compared to the existing physical conditions in the affected area as they exist when the Notice of Preparation is published. If a Notice of Preparation is not published for the project, the City should compare the proposed project’s potential impacts to the physical conditions that exist at the time environmental review begins. Direct and indirect significant effects of the project on the environment must be clearly identified and described, considering both the short-term and 291 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-16 ©Best Best & Krieger LLP long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the project that may impact resources in the project area, such as water, historical resources, scenic quality, and public services. The EIR must also analyze any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area. If applicable, an EIR should also evaluate any potentially significant direct, indirect, or cumulative environmental impacts of locating development in areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas), including both short-term and long-term conditions, as identified on authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. If analysis of the project's energy use reveals that the project may result in significant environmental effects due to wasteful, inefficient, or unnecessary use of energy, or wasteful use of energy resources, the EIR shall mitigate that energy use. This analysis should include the project's energy use for all project phases and components, including transportation-related energy, during construction and operation. In addition to building code compliance, other relevant considerations may include, among others, the project's size, location, orientation, equipment use and any renewable energy features that could be incorporated into the project. This analysis is subject to the rule of reason and shall focus on energy use that is caused by the project. This analysis may be included in related analyses of air quality, greenhouse gas emissions, transportation or utilities in the discretion of the Lead Agency. The EIR must describe all significant impacts, including those that can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. The EIR must also discuss any significant irreversible environmental changes that would be caused by the project. For example, use of nonrenewable resources during the initial and continued phases of a project may be irreversible if a large commitment of such resources makes removal or nonuse thereafter unlikely. Additionally, irreversible commitment of resources may include a discussion of how the project preempts future energy development or future energy conservation. Irretrievable commitments of resources to the proposed project should be evaluated to assure that such current consumption is justified. (Reference: Pub. Resources Code, § 21100.) 7.20 ENVIRONMENTAL SETTING An EIR must include a description of the physical environmental conditions in the vicinity of the project. This environmental setting will normally constitute the baseline physical conditions by which the Lead Agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to provide an understanding of the significant effects of the proposed project and its alternatives. The purpose of this requirement is to give the public and decision makers the most accurate and 292 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-17 ©Best Best & Krieger LLP understandable picture practically possible of the project's likely near-term and long-term impacts. (1) Generally, the Lead Agency should describe physical environmental conditions as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis is commenced, from both a local and regional perspective. Where existing conditions change or fluctuate over time, and where necessary to provide the most accurate picture practically possible of the project's impacts, the Lead Agency may define existing conditions by referencing historic conditions, or conditions expected when the project becomes operational, or both, that are supported with substantial evidence. In addition, the Lead Agency may also use baselines consisting of both existing conditions and projected future conditions that are supported by reliable projections based on substantial evidence in the record. (2) The Lead Agency may use projected future conditions (beyond the date of project operations) as the sole baseline for analysis only if it demonstrates with substantial evidence that use of existing conditions would be either misleading or without informative value to decision- makers and the public. Use of projected future conditions as the only baseline must be supported by reliable projections based on substantial evidence in the record. (3) An existing conditions baseline shall not include hypothetical conditions—such as those that might be allowed, but have never actually occurred, under existing permits or plans— as the baseline. (State CEQA Guidelines, § 15125.) 7.21 ANALYSIS OF CUMULATIVE IMPACTS. An EIR must discuss cumulative impacts when the project’s incremental effect is “cumulatively considerable” as defined in Local Guidelines Section 11.13. When the City is examining a project with an incremental effect that is not “cumulatively considerable,” it need not consider that effect significant, but must briefly describe the basis for this conclusion. A project’s contribution may be less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative impact. When relying on a fee program or mitigation measure(s), the City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. The City may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem in the geographic area in which the project is located. Such plans and programs may include, but are not limited to: (1) Water quality control plans; (2) Air quality attainment or maintenance plans; (3) Integrated waste management plans; 293 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-18 ©Best Best & Krieger LLP (4) Habitat conservation plans; (5) Natural community conservation plans; and/or (6) Plans or regulations for the reduction of greenhouse gas emissions. When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project’s incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative impact consists of an impact that is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts that do not result in part from the project evaluated in the EIR. The discussion of cumulative impacts in an EIR must focus on the cumulative impacts to which the identified other projects contribute, rather than on the attributes of other projects that do not contribute to the cumulative impact. The discussion of significant cumulative impacts must include either of the following: (1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or a plan for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Documents used in creating a summary of projections must be referenced and made available to the public. When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic. Public Resources Code section 21094 also states that if a Lead Agency determines that a cumulative effect has been adequately addressed in an earlier EIR, it need not be examined in a later EIR if the later project’s incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative effect has been adequately addressed in the prior EIR if: (1) it has been mitigated or avoided as a result of the prior EIR; or 294 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-19 ©Best Best & Krieger LLP (2) the cumulative effect has been examined in a sufficient level of detail to enable the effect to be mitigated or avoided by site-specific revisions, the imposition of conditions, or other means in connection with the approval of the later project. Public Resources Code section 21094 only applies to earlier projects that (1) are consistent with the program, plan, policy, or ordinance for which an environmental impact report has been prepared and certified, (2) are consistent with applicable local land use plans and zoning of the city, county, or city and county in which the later project would be located and (3) are not subject to Public Resources Code section 21166. If the Lead Agency determines that the cumulative effect has been adequately addressed in a prior EIR, the Lead Agency should clearly explain the basis for its determination in the current environmental documentation for the project. The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (Reference: State CEQA Guidelines, § 15130.) 7.22 ANALYSIS OF MITIGATION MEASURES. The discussion of mitigation measures in an EIR must distinguish between measures proposed by project proponents and other measures proposed by Lead, Responsible or Trustee Agencies. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR. Where several measures are available to mitigate an impact, each should be disclosed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures shall not be deferred until some future time The specific details of a mitigation measure, however, may be developed after project approval when it is impractical or infeasible to include those details during the project's environmental review provided that the Lead Agency (1) commits itself to the mitigation, (2) adopts specific performance standards the mitigation will achieve, and (3) identifies the type(s) of potential action(s) that can feasibly achieve that performance standard and that will be considered, analyzed, and potentially incorporated in the mitigation measure. Compliance with a regulatory permit or other similar process may be identified as mitigation if compliance would result in implementation of measures that would be reasonably expected, based on substantial evidence in the record, to reduce the significant impact to the specified performance standards. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be disclosed but in less detail than the significant effects of the project itself. If a project includes a housing development, the City may not reduce the project’s proposed number of housing units as a mitigation measure or project alternative if the City determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation without reducing the number of housing units. 295 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-20 ©Best Best & Krieger LLP Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design. Mitigation measures must also be consistent with all applicable constitutional requirements such as the “nexus” and “rough proportionality” standards—i.e., there must be an essential nexus between the mitigation measure and a legitimate governmental interest, and the mitigation measure must be “roughly proportional” to the impacts of the project. Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of a historical resource will be conducted in a manner consistent with the Secretary of the Interior’s “Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings” (1995), Weeks and Grimmer, the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following must be considered and discussed in an EIR for a project involving an archaeological site: (a) Preservation in place is the preferred manner of mitigating impacts to archaeological sites; and (b) Preservation in place may be accomplished by, but is not limited to, the following: (1) Planning construction to avoid archaeological sites; (2) Incorporation of sites within parks, green space, or other open spaces; (3) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; and/or (4) Deeding the site into a permanent conservation easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center. Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center. (Reference: State CEQA Guidelines, § 15126.4.) 296 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-21 ©Best Best & Krieger LLP 7.23 ANALYSIS OF ALTERNATIVES IN AN EIR. The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives that are infeasible. Rather, an EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects, even if those alternatives would be more costly or would impede to some degree the attainment of the project’s objectives. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the Lead Agency and rejected as infeasible during the scoping process, and it should briefly explain the reasons for rejecting those alternatives. Additional information explaining the choice of alternatives should be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the basic project objectives; (b) infeasibility; or (c) inability to avoid significant environmental impacts. Evaluation of Alternatives: The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. The matrix may also identify and compare the extent to which each alternative meets project objectives. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. The Rule of Reason: The range of alternatives required in an EIR is governed by a “rule of reason” which courts have held means that an alternatives discussion must be reasonable in scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit public participation, informed decision-making, and a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones the City determines could feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. 297 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-22 ©Best Best & Krieger LLP Feasibility of Alternatives: The factors that may be taken into account when addressing the feasibility of alternatives include: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional boundaries (projects with a regionally significant impact should consider the regional context); and whether the proponent already owns the alternative site or can reasonably acquire, control or otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations: The first step in the alternative location analysis is to determine whether any of the significant effects of the project could be avoided or substantially lessened by putting the project in another location. This is the key question in this analysis. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. The second step in this analysis is to determine whether any of the alternative locations are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its reasons, and it should include them in the EIR. When a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for a project with the same basic purpose, the City should review the previous document and incorporate the previous document by reference. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative. The “No Project” Alternative: The specific alternative of “no project” must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative is to allow decision-makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative may be different from the baseline environmental conditions. The no project alternative will be the same as the baseline only if it is identical to the existing environmental setting and the Lead Agency has chosen the existing environmental setting as the baseline. A discussion of the “no project” alternative should proceed along one of two lines: (a) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the “no project” alternative will be the continuation of the existing plan, policy or operation into the future. Typically, this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (b) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the “no project” alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects that would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this “no project” consequence should be discussed. 298 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-23 ©Best Best & Krieger LLP After defining the “no project” alternative, the City should proceed to analyze the impacts of the “no project” alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the “no project” alternative is the environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives. Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. (Reference: State CEQA Guidelines, § 15126.6.) 7.24 ANALYSIS OF FUTURE EXPANSION. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that: (a) The future expansion or action is a reasonably foreseeable consequence of the initial project; and (b) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. Absent these two circumstances, future expansion of a project need not be discussed. CEQA does not require speculative discussion of future development that is unspecific or uncertain. However, if future action is not considered now, it must be considered and environmentally evaluated before it is actually implemented. (Reference: Laurel Heights Improvement Ass’n v. Regents of University of California (1988) 47 Cal.3d 376, 396.) 7.25 NOTICE OF COMPLETION OF DRAFT EIR; NOTICE OF AVAILABILITY OF DRAFT EIR. Notice of Completion. When the Draft EIR is completed, a Notice of Completion (Form “H”) must be filed with the Office of Planning and Research in an electronic form via the Office of Planning and Research’s CEQA Submit website, which is located at the following web address: https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f. The Notice of Completion shall contain: (a) A brief description of the proposed project; (b) The location of the proposed project including the proposed project’s latitude and longitude; (c) An address where copies of the Draft EIR are available and a description of how the Draft EIR can be provided in an electronic format; and (d) The review period during which comments will be received on the Draft EIR. The Office of Planning and Research has developed a model form Notice of Completion. Form H follows OPR’s model. To ensure that the documents are accepted by OPR staff, this form should be used when documents are transmitted to OPR. 299 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-24 ©Best Best & Krieger LLP Notice of Availability. At the same time it sends a Notice of Completion to the Office of Planning and Research, the City shall provide public notice of the availability of the Draft EIR by distributing a Notice of Availability of Draft EIR (Form “K”). The Notice of Availability shall include at least the following information: (a) A brief description of the proposed project and its location; (b) The starting and ending dates for the review period during which the City will receive comments, the manner in which the City will receive those comments, and whether the review period has been shortened; (c) The date, time, and place of any scheduled public meetings or hearings to be held by the City on the proposed project, if the City knows this information when it prepares the Notice; (d) A list of the significant environmental effects anticipated as a result of the project; (e) The address where copies of the EIR and all documents incorporated by reference in the EIR will be available for public review, and a description of how the Draft EIR can be obtained in electronic format. This location shall be readily accessible to the public during the City’s normal working hours; and (f) A statement indicating whether the project site is included on any list of hazardous waste facilities, land designated as hazardous waste property, or hazardous waste disposal site, and, if so, the information required in the Hazardous Waste and Substances Statement pursuant to Government Code section 65962.5. The Notice of Availability shall be provided to: (a) Each Responsible and Trustee Agency; (b) Any other federal, state, or local agency that has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.16; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or area-wide significance, any transportation agencies or public agencies that have major local arterials or public transit facilities within five (5) miles of the project site; or freeways, highways, or rail transit service within ten (10) miles of the project site that could be affected by the project; (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, the California Department of Water Resources; and (5) For a general plan amendment, a project of statewide, regional, or area-wide significance, or a project that relates to a public use airport, to any “military service” (defined in Section 11.42 of these Local Guidelines) that has provided the City with its contact office and address and notified the City of the specific boundaries of a “low-level flight path” (defined in Section 11.37 of these Local Guidelines), “military impact zone” (defined in Section 11.41 of these Local 300 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-25 ©Best Best & Krieger LLP Guidelines), or “special use airspace” (defined in Section 11.67 of these Local Guidelines; (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet the other criteria of Local Guidelines Section 7.04, the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.36, any potentially affected school district; (f) For certain waste-burning projects that meet the requirements of Local Guidelines Section 5.11 (see also Local Guidelines Section 7.27), the owners and occupants of property within one-fourth mile of any parcel on which the project will be located; and (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice and a copy of the Draft EIR shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code section 33333.3. The City requires requests for copies of these Notices to be in writing and to be renewed annually; moreover, the City may charge a fee for the reasonable cost of providing these Notices. A project will not be invalidated due to a failure to send a requested Notice provided there has been substantial compliance with these notice provisions. Staff may also consult with and obtain comments from any person known to have special expertise or any other person or organization whose comments relative to the Draft EIR would be desirable. Notice shall be given to the last known name and address of all organizations and individuals who have previously requested notice; by posting the notice on the website of the lead agency; and by at least one of the following : (a) Publication of the Notice of Completion and/or the Notice of Availability at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of the Notice of Completion and/or the Notice of Availability on and off site in the area where the project is to be located; or (c) Direct mailing of the Notice of Completion and/or the Notice of Availability to owners and occupants of property contiguous to the project, as identified on the latest equalized assessment roll. The Notice of Completion and Notice of Availability shall be posted in the office of the Clerk in each county in which the project is located for at least thirty (30) days. If the public review period for the Draft EIR is longer than thirty (30) days, the City may wish to leave the Notice posted until the public review period for the Draft EIR has expired. 301 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-26 ©Best Best & Krieger LLP Copies of the Draft EIR shall also be made available at the City office for review by members of the general public. The City may require any person obtaining a copy of the Draft EIR to reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should also be furnished to appropriate public library systems. The City shall also post an electronic copy of the Notice of Completion, Notice of Availability, and Draft EIR on its website, if any. (Reference: Pub. Resources Code, § 21082.1; State CEQA Guidelines, §§ 15085, 15087.) 7.26 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE. A Draft EIR must be submitted to the State Clearinghouse, at the same time as the Notice of Completion, in an electronic form as required by the Office of Planning and Research, regardless of whether the document must be circulated for review and comment by state agencies under State CEQA Guidelines section 15205 and 15206. The Draft EIR must be submitted via the Office of Planning and Research’s CEQA Submit website (https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f). The CEQA Submit website differentiates between environmental documents that do require review and comment by state agencies and those that do not. In particular, the website provides a “Local Review Period” tab for submitting documents that do not require review and comment by state agencies, and a “State Review Period” tab for submitting documents that do require review and comment by state agencies. A Draft EIR must be submitted to the State Clearinghouse for review and comment by state agencies (i.e., the Draft EIR must be submitted through the CEQA Submit website under the “State Review Period” tab) in the following situations: (a) A state agency is the Lead Agency for the Draft EIR; (b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law over resources potentially affected by the project; or (c) The Draft EIR is for a project identified in State CEQA Guidelines section 15206 as being a project of statewide, regional, or area-wide significance. State CEQA Guidelines section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or area-wide significance that require submission to the State Clearinghouse for circulation: (1) General plans, elements, or amendments for which an EIR was prepared; (2) Projects that have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: (a) Residential development of more than 500 units; (b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space; (c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space; 302 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-27 ©Best Best & Krieger LLP (d) Hotel or motel development of more than 500 rooms; and (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area; (3) Projects for the cancellation of a Williamson Act contract covering more than 100 acres; (4) Projects in one of the following Environmentally Sensitive Areas: (a) Lake Tahoe Basin; (b) Santa Monica Mountains Zone; (c) Sacramento-San Joaquin River Delta; (d) Suisun Marsh; (e) Coastal Zone, as defined by the California Coastal Act; (f) Areas within one-quarter mile of a river designated as wild and scenic; or (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission; (5) Projects that would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species; (6) Projects that would interfere with water quality standards; and (7) Projects that would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Draft EIR may also be submitted to the State Clearinghouse for review and comment by state agencies when a state agency has special expertise with regard to the environmental impacts involved. Submission of the Draft EIR to the State Clearinghouse affects the timing of the public review period as set forth in Local Guidelines Section 7.28. (Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15205, 15206.) 7.27 SPECIAL NOTICE REQUIREMENTS FOR WASTE- AND FUEL-BURNING PROJECTS. For any waste-burning project, as defined in Local Guidelines Section 5.11, in addition to the notice requirements specified in Local Guidelines Sections 7.25 and 7.26, Notice of Availability of the Draft EIR shall be given by direct mailing or any other method calculated to provide delivery of the notice to the owners and occupants of property within one-fourth mile of any parcel or parcels on which the project is located. (Reference: Pub. Resources Code, § 21092(c).) 303 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-28 ©Best Best & Krieger LLP 7.28 TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMMENT. A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR, except in unusual situations. If the Draft EIR is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or area-wide significance as determined pursuant to State CEQA Guidelines section 15206, the review period shall be at least forty-five (45) days (unless a shorter period is approved as set forth below), and the lead agency shall provide the document in an electronic form, as required by the Office of Planning and Research, to the State Clearinghouse for review and comment by state agencies. For purposes of calculating the length of the public review period, the last day of the public review period cannot fall on a weekend, a legal holiday, or other day on which the lead agency’s offices are closed.2 (Reference: Rominger v. County of Colusa (2014) 229 Cal.App.4th 690, 708.) If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State Clearinghouse for review and comment by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. The state agency review period begins (day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies. The State Clearinghouse is required to distribute the Draft EIR to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the Draft EIR is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse. Under certain circumstances, a shorter review period of the Draft EIR by the State Clearinghouse can be requested by the City; however, a shortened review period shall not be less than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in writing by the City to OPR. The City may designate a person to make these requests. The City must contact all Responsible and Trustee agencies and obtain their agreement prior to obtaining a shortened review period. (See the Shortened Review Request Form “P.”) A shortened review period is not available for any proposed project of statewide, regional or area-wide environmental significance as determined pursuant to State CEQA Guidelines 2 A public agency’s “offices are closed” for purposes of this section on days in which the agency is formally closed for business (for example, due to a weekend, a legal holiday, or a formal furlough affecting the entire office). A public agency’s office is not considered closed for purposes of this section where the agency’s office may be physically closed, but the agency is nonetheless open for business and is operating remotely or virtually (for example, in response to the Covid-19 pandemic). 304 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-29 ©Best Best & Krieger LLP section 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request. Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR. (Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15203, 15205(d).) 7.29 PUBLIC HEARING ON DRAFT EIR. CEQA does not require formal public hearings for certification of an EIR; public comments may be restricted to written communications. (However, a hearing is required to utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines Section 3.15; to adopt a bicycle transportation plan as explained in Local Guidelines Section 3.18; and for certain other actions involving the replacement or deletion of mitigation measures under State CEQA Guidelines section 15074.1.) However, if the City provides a public hearing on its consideration of a project, the City should include the project’s environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov. Code, § 54950 et seq.) At a minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, § 54954.2.) Additionally, any legislative body or its presiding officer must post an agenda for each regular or special meeting on the local agency’s Internet Web site, if the local agency has one. (Reference: State CEQA Guidelines, § 15202.) 7.30 RESPONSE TO COMMENTS ON DRAFT EIR. The Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments that raise significant environmental issues. As stated below, the City, as Lead Agency, should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other oral or written response that is adequate under the circumstances. If the City’s 305 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-30 ©Best Best & Krieger LLP position is at variance with specific recommendations or suggestions raised in the comment, the City’s response must detail the reasons why such recommendations or suggestions were not accepted. The level of detail contained in the response, however, may correspond to the level of detail provided in the comment (i.e., responses to general comments may be general). A general response may be appropriate when a comment does not contain or specifically refer to readily available information, or does not explain the relevance of evidence submitted with the comment. Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the comments received. At least ten (10) days prior to certifying a Final EIR, the Lead Agency shall provide its proposed written response, either in printed copy or in an electronic format, to any public agency that has made comments on the Draft EIR during the public review period. The City, as Lead Agency, is not required to respond to comments received after the public review period. However, the City, as Lead Agency, should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response that addresses the comment or adequately explains the City’s action in light of the comment may assist in defending against a legal challenge. (Reference: State CEQA Guidelines, § 15088.) 7.31 PREPARATION AND CONTENTS OF FINAL EIR. Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared. The Final EIR shall meet all requirements of Local Guidelines Section 7.18 and shall consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process. (Reference: State CEQA Guidelines, §§ 15089, 15132.) 7.32 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR. When significant new information is added to the EIR after notice and consultation but before certification, the Lead Agency must recirculate the Draft EIR for another public review period. The term “information” can include changes in the project or environmental setting as well as additional data or other information. New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental 306 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-31 ©Best Best & Krieger LLP effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, that the project proponents decline to implement. Recirculation is required, for example, when: (1) New information added to an EIR discloses: (a) A new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented; or (b) A significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance); or (c) A feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or (2) The Draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record. When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form “M”) to every agency, person, or organization that commented on the prior Draft EIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Local Guidelines Section 7.25 before certifying the EIR. When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR. When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR. 307 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-32 ©Best Best & Krieger LLP (Reference: State CEQA Guidelines, § 15088.5.) 7.33 CERTIFICATION OF FINAL EIR. Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decision-making body regarding whether the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Local Guidelines. The Final EIR and Staff recommendation shall then be presented to the decision- making body. The decision-making body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment. Before it approves the project, the decision-making body must certify and find that: (1) the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Local Guidelines; (2) the Final EIR was presented to the decision- making body and the decision-making body reviewed and considered the information contained in the Final EIR before approving the project; and (3) the Final EIR reflects the City’s independent judgment and analysis. Except in those cases in which the City Council is the final decision-making body for the project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. Appeals must follow the procedures prescribed by the City. (Reference: State CEQA Guidelines, § 15090.) 7.34 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT. Once the decision-making body has certified the EIR, it may then proceed to consider the proposed project for purposes of approval or disapproval. (Reference: State CEQA Guidelines, § 15092.) 7.35 FINDINGS. The decision-making body shall not approve or carry out a project if a completed EIR identifies one or more significant environmental effects of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a brief explanation of the rationale supporting each finding. For impacts that have been identified as potentially significant, the possible findings are: (a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment as identified in the Final EIR, such that the impact has been reduced to a less-than-significant level; (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency; or (c) Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The 308 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-33 ©Best Best & Krieger LLP decision-making body must make specific written findings stating why it has rejected an alternative to the project as infeasible. The findings required by this Section shall be supported by substantial evidence in the record. Measures identified and relied on to mitigate environmental impacts identified in the EIR to below a level of significance should be expressly adopted or rejected in the findings. The findings should include a description of the specific reasons for rejecting any mitigation measures or project alternatives identified in the EIR that would reduce the significant impacts of the project. Any mitigation measures that are adopted must be fully enforceable through permit conditions, agreements, or other measures. If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval. The decision-making body shall not approve or carry out a project as proposed unless: (1) the project as approved will not have a significant effect on the environment; or (2) the project’s significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Local Guidelines Section 7.37). Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects. When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. (Reference: State CEQA Guidelines, § 15091.) 7.36 SPECIAL FINDINGS REQUIRED FOR FACILITIES THAT MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the Lead Agency may not certify an EIR or approve a Negative Declaration or Mitigated Negative Declaration unless it makes a finding that: 309 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-34 ©Best Best & Krieger LLP (a) The Lead Agency consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration or Mitigated Negative Declaration. Implementation of this Local Guideline shall be consistent with the definitions and terms utilized in State CEQA Guidelines section 15186. Additionally, in its role as a Responsible Agency, the City should be aware that for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the Negative Declaration, Mitigated Negative Declaration, or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record to determine whether any boundary of the school site is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor. If it is determined that the project involves the acquisition of a school site that is within 500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the Negative Declaration, Mitigated Negative Declaration, or EIR may not be adopted or certified unless the school board determines, through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils. (Reference: State CEQA Guidelines, § 15186.) 7.37 STATEMENT OF OVERRIDING CONSIDERATIONS. Before a project that has unmitigated significant adverse environmental effects can be approved, the decision-making body must adopt a Statement of Overriding Considerations. If the decision-making body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” Accordingly, the Statement of Overriding Considerations allows the decision-making body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors. Project benefits that are appropriate to consider in the Statement of Overriding Considerations include the economic, legal, environmental, technological and social value of the project. The City may also consider region-wide or statewide environmental benefits. 310 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-35 ©Best Best & Krieger LLP Substantial evidence in the entire record must justify the decision-making body’s findings and its use of the Statement of Overriding Considerations. If the decision-making body makes a Statement of Overriding Considerations, the Statement must be included in the record of the project approval and it should be referenced in the Notice of Determination. (Reference: State CEQA Guidelines, § 15093.) 7.38 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR. When making findings regarding an EIR, the City must do all of the following: (a) Adopt a reporting or monitoring program to assure that mitigation measures that are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (b) Make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law; and (c) Specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Draft EIR. Any mitigation measures required to mitigate or avoid significant effects on the environment shall be adopted and made fully enforceable, such as by being imposed as conditions of project approval. The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts or to reduce the severity of impacts to a less-than-significant level. The mitigation monitoring or reporting program shall be designed to assure compliance with the mitigation measures during the implementation and construction of the project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Draft EIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority. When a project is of statewide, regional, or area-wide significance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation. The transportation planning agency and the 311 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-36 ©Best Best & Krieger LLP Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City may impose a program to charge project proponents fees to cover actual costs of program processing and implementation. The City may delegate reporting or monitoring responsibilities to an agency or to a private entity that accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” is defined as a written compliance review that is presented to the Board or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects that have readily measurable or quantitative mitigation measures or that already involve regular review. “Monitoring” is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures that may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance. At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs. Standardized policies or requirements for monitoring and reporting may describe, but are not limited to: (a) The relative responsibilities of various departments within the City for various aspects of the program; (b) The responsibilities of the project proponent; (c) Guidelines adopted by the City to govern preparation of programs; (d) General standards for determining project compliance with the mitigation measures and related conditions of approval; (e) Enforcement procedures for noncompliance, including provisions for administrative appeal; and/or (f) A process for informing the Board and staff of the relative success of mitigation measures and using those results to improve future mitigation measures. When a project is of statewide, regional, or area-wide importance, any transportation information generated by a mitigation monitoring or reporting program must be submitted to the transportation planning agency in the region where the project is located, as well as to the Department of Transportation. (Reference: State CEQA Guidelines, § 15097.) 312 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-37 ©Best Best & Krieger LLP 7.39 NOTICE OF DETERMINATION. After approval of a project for which the City is the Lead Agency, Staff shall cause a Notice of Determination (Form “F”) to be prepared, filed, and posted. The Notice of Determination shall include the following information: (a) An identification of the project, including its common name, where possible, and its location. If the notice of determination is filed with the State Clearinghouse, the State Clearinghouse identification number for the draft EIR shall be provided. (b) A brief description of the project; (c) The City’s name and the applicant’s name (if any). If different from the applicant, the Notice of Determination shall further provide, if applicable, the identity of the person undertaking the project that is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies, or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies. (d) The date when the City approved the project; (e) Whether the project in its approved form with mitigation will have a significant effect on the environment; (f) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; (g) Whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; (h) Whether findings were made and/or whether a Statement of Overriding Considerations was adopted for the project; and (i) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. (To determine the fees that must be paid with the filing of the Notice of Determination, see Local Guidelines Section 7.42 and the Staff Summary of the CEQA Process.) The County Clerk is required to post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Offices. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed electronically with the Office of Planning and Research within five (5) working days of project approval, along with proof that the City has paid the County Clerk the DFW fee or a completed form from DFW documenting DFW’s determination that the project will have no effect on fish and wildlife. (If the City submits the Notice of Determination in person, the City may bring an extra copy to be date stamped by OPR.) When a request is made for a copy of the Notice of Determination prior to the date on which the City approves the project, the copy must be mailed, first class postage prepaid, within 313 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-38 ©Best Best & Krieger LLP five (5) days of the City’s approval. If such a request is made following the City’s approval of the project, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. The City, when acting as lead agency, must post its Notice of Determination for a project on its website. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with OPR, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations. (Reference: Pub. Resources Code, §§ 21092.2, 21108; State CEQA Guidelines, § 15094.) 7.40 DISPOSITION OF A FINAL EIR. The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency. (Reference: State CEQA Guidelines, § 15095.) 7.41 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto. 7.42 FILING FEES FOR PROJECTS THAT AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for an EIR is filed with the County or Counties in which the project is located, a fee of $3,839.25, or the then applicable fee, shall be paid to the Clerk for projects that will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFW. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee for each project in addition to the Fish and Wildlife fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. 314 Local Guidelines for Implementing the California Environmental Quality Act (2024) ENVIRONMENTAL IMPACT REPORT 2024 City of Palm Desert Local Guidelines 7-39 ©Best Best & Krieger LLP For private projects, the City should pass these costs on to the project applicant. No fees are required for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency. (See Local Guidelines Section 6.24 for more information regarding a “no effect” determination.) 315 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-1 ©Best Best & Krieger LLP 8. TYPES OF EIRS 8.01 EIRS GENERALLY. This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Local Guidelines. 8.02 TIERING. (a) Tiering Generally. “Tiering” refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs, Negative Declarations, or Mitigated Negative Declarations prepared for narrower projects. The later EIR, Negative Declaration, or Mitigated Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project. An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined. Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR, Negative Declaration, or Mitigated Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the Lead Agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. (b) Identifying New Significant Impacts. When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the Lead Agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. A Lead Agency may use only a valid CEQA document as a first-tier document. Accordingly, the City, in its role as Lead Agency, should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first- tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated, any later environmental document may also be defective. 316 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-2 ©Best Best & Krieger LLP (c) Infill Projects and Tiering. Certain “infill” projects may tier off of a previously certified EIR. An “infill” project is defined as a project with residential, retail, and/or commercial uses, a transit station, a school, or a public office building. It must be located in an urban area on a previously developed site or on an undeveloped site that is surrounded by developed uses. The project must be either consistent with land use planning strategies that achieve greenhouse gas (“GHG”) emission reduction targets, feature a small walkable community project, or where a sustainable communities or alternative planning strategy has not yet been adopted for the area, include a residential density of at least 20 units per acre or a floor area ratio of at least 0.75. The project must also meet a number of standards related to energy efficiency that are not yet defined but which SB 226 directs the Office of Planning and Research to prepare. If an EIR was certified for a planning level decision by a city or county (such as a General Plan or Specific Plan), the scope of the CEQA review for a later “infill” project can be limited to those effects on the environment that: 1) are specific to the project or to the project site and were not addressed as significant effects in the prior EIR; or 2) substantial new information shows will be more significant than described in the prior EIR. When a project meets the definition of “infill” and either of the above conditions exist but a Mitigated Negative Declaration cannot be adopted, then the subsequent EIR for such a project need not consider alternative locations, densities, and building intensities or growth-inducing impacts. (d) Statement of Overriding Considerations. A Lead Agency may also tier off of a previously prepared Statement of Overriding Considerations if certain conditions are met. (See Local Guidelines Section 7.37.) (Reference: State CEQA Guidelines, § 15152.) 8.03 PROJECT EIR. The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This type of EIR must examine all phases of the project, including planning, construction, and operation. If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan. Although the City will probably not act as a Lead Agency for a Redevelopment Plan, the City may act as a Responsible Agency. (Reference: State CEQA Guidelines, §§ 15161, 15180.) 317 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-3 ©Best Best & Krieger LLP 8.04 SUBSEQUENT EIR. A Subsequent EIR is required when a previous EIR has been prepared and certified, or a Negative Declaration or Mitigated Negative Declaration has been adopted, for a project and at least one of the three following situations occur: (a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration/Mitigated Negative Declaration was adopted, becomes available and shows any of the following: (1) the project will have one or more significant effects not discussed in a previous EIR, Negative Declaration, or Mitigated Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR; (3) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. A Subsequent EIR must receive the same circulation and review as the previous EIR received. As a potential tool to determine whether a Subsequent EIR is required, see Form J-1 of these Local Guidelines. In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review. When the City is considering approval of a development project that is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR. (Reference: State CEQA Guidelines, § 15162.) 318 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-4 ©Best Best & Krieger LLP 8.05 SUPPLEMENTAL EIR. The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decision- making body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR. When the decision-making body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings shall be made for each significant effect identified in the Supplemental EIR. (Reference: State CEQA Guidelines, § 15163.) 8.06 ADDENDUM TO AN EIR. The City shall prepare an Addendum to a previously certified EIR, rather than a Subsequent or Supplemental EIR, only if changes or additions to the EIR are necessary, but none of the conditions described in Local Guidelines Section 8.04 or 8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum. An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decision-making body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency’s findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence. (Reference: State CEQA Guidelines, § 15164.) 8.07 STAGED EIR. When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity. When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later 319 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-5 ©Best Best & Krieger LLP approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. (Reference: State CEQA Guidelines, § 15167.) 8.08 PROGRAM EIR. A Program EIR is an EIR that may be prepared on an integrated series of actions that are related either: (a) Geographically; (b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways. An advantage of using a Program EIR is that it can “[a]llow the Lead Agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts.” (State CEQA Guidelines section 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is prepared for a specific project and must examine in detail site-specific considerations. Program EIRs are commonly used in conjunction with the process of tiering. Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (State CEQA Guidelines section 15385; see also Local Guidelines Sections 8.02 and 11.73.) Tiering is proper “when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports.” (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court has ruled that “CEQA does not mandate that a first-tier program EIR identify with certainty particular sources of water for second-tier projects that will be further analyzed before implementation during later stages of the program. Rather, identification of specific sources is required only at the second-tier stage when specific projects are considered.” (In re Bay-Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment. (Reference: State CEQA Guidelines, § 15168.) 8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS. A Program EIR can be used to simplify the task of preparing environmental documents on later activities in the program. The Program EIR can: 320 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-6 ©Best Best & Krieger LLP (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects; (b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole; or (c) Focus an EIR on a later activity to permit discussion solely of new effects which had not been considered before. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. Where the later activities involve site-specific operations, the City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were within the scope of the Program EIR. If a later activity would have effects that were not examined in the Program EIR, a new Initial Study would need to be prepared leading to an EIR, Negative Declaration, or Mitigated Negative Declaration. That later analysis may tier from the Program EIR as provided in State CEQA Guidelines section 15152. If the City finds that no Subsequent EIR would be required, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. (See Local Guidelines Section 8.04.) Whether a later activity is within the scope of a Program EIR is a factual question that the Lead Agency determines based on substantial evidence in the record. Factors that the Lead Agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. (Reference: State CEQA Guidelines, § 15168.) 8.10 USE OF AN EIR FROM AN EARLIER PROJECT. A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. (Reference: State CEQA Guidelines, § 15165.) 8.11 MASTER EIR. A Master EIR is an EIR which may be prepared for: (a) A general plan (including elements and amendments); (b) A specific plan; (c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; 321 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-7 ©Best Best & Krieger LLP (g) A state highway or mass transit project subject to multiple reviews or approvals; or (h) A regional transportation plan or congestion management plan. A Master EIR must do both of the following: (a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment. The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State CEQA Guidelines and Section 7.25 of these Local Guidelines.) A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if: (a) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or (b) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and: (1) Finds that, since the Master EIR was certified, no substantial changes have occurred that would cause the subsequent project to have significant environmental impacts, and there is no new information that the subsequent project would have significant environmental impacts; or (2) Prepares an Initial Study and either certifies a Subsequent or Supplemental EIR or adopts a Mitigated Negative Declaration that addresses any substantial changes or new information that would cause the subsequent project to have potentially significant environmental impacts. The certified subsequent or supplemental EIR must either be incorporated into the previously certified Master EIR or the City must identify any deletions, additions or other modifications to the previously certified Master EIR in the new document. The City may include a section in the subsequent or supplemental EIR that identifies these changes to the previously certified Master EIR. 322 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-8 ©Best Best & Krieger LLP When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. (Reference: State CEQA Guidelines, § 15175.) 8.12 FOCUSED EIR. A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be used only if the City finds that the Master EIR’s analysis of cumulative, growth-inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR. The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR. “Additional significant effects on the environment” means those project-specific effects on the environment that were not addressed as significant effects on the environment in the Master EIR. The Focused EIR must also examine the following: (a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows the effects may be more significant than described in the Master EIR; and (c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible. The Focused EIR need not examine the following effects: (a) Those that were mitigated through Master EIR mitigation measures; or (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency. A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met: (a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR’s certification; (b) The project does not require the preparation of a Subsequent or Supplemental EIR; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station. A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial new information shows will be more significant 323 Local Guidelines for Implementing the California Environmental Quality Act (2024) TYPES OF EIRS 2024 City of Palm Desert Local Guidelines 8-9 ©Best Best & Krieger LLP than described in the Master EIR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project. (Reference: State CEQA Guidelines, § 15179.5.) 8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS. An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a Project EIR. Normally, the City will not be a Lead Agency for a redevelopment plan. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county and/or applicable city as the case may be, as Lead Agency, analyzes these impacts in accordance with CEQA. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The Lead Agency should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the Lead Agency finds that no new effects could occur, no new mitigation measures would be required or that State CEQA Guidelines sections 15162 and 15163 do not otherwise apply, the Lead Agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan. Once certified, no subsequent EIRs will be needed unless required by State CEQA Guidelines sections 15162 or 15163. If a Master EIR is prepared for a redevelopment plan, subsequent projects will be subject to review if they would have effects that were not examined in the Master EIR. If no new effects could occur or no new mitigation measures would be required, the Lead Agency can approve the activity as being within the scope of the project covered by the Master EIR, and no new environmental document is required. (Reference: State CEQA Guidelines, § 15180.) 324 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-1 ©Best Best & Krieger LLP 9. AFFORDABLE HOUSING 9.01 STREAMLINED, MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE HOUSING PROJECTS The legislature has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. (a) An applicant may submit an application for a development that is subject to the streamlined, ministerial approval process and is not subject to a conditional use permit or any other non-legislative discretionary approval if the development satisfies all of the following objective planning standards: (i) The development is a multifamily housing development that contains two or more residential units. (ii) The development is located on a site that satisfies the following: (A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C))(1) A site that meets the requirements of clause (2) and satisfies any of the following: (I) The site is zoned for residential use or residential mixed-use development. (II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses. (III) The site is zoned for office or retail commercial use and meets the requirements of Gov. Code section 65852.24. (2) At least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages. 325 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-2 ©Best Best & Krieger LLP (iii) If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to subparagraph B of Paragraph (iv) of this Subsection shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for the following applicable minimum durations: (A) Fifty-five years for units that are rented. (B) Forty-five years for units that are owned. (iv) The development satisfies subparagraphs (A) and (B) below: (A) The development is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section. (B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following: (1) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project does either of the following: A. The project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies. 326 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-3 ©Best Best & Krieger LLP B. If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (A), dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 120 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 120 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 120 percent of the area median income shall not exceed 30 percent of the gross income of the household. For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco. (2) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of housing affordable to households making at or below 80 percent of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that ordinance applies. (3) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii). (C)(i) A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Government Code section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. 327 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-4 ©Best Best & Krieger LLP (C)(ii) A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B). (C)(iii) A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B). (v) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Government Code section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, “objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this section if the development is consistent with the standards set forth in the general plan. (C) A project that satisfies the requirements of Government Code section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code. 328 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-5 ©Best Best & Krieger LLP (vi) The development is not located on a site that is any of the following: (A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (C) Wetlands, as defined in the United States Fish and Wildlife Service Manual. (D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (E) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply: (i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code section 65962.5; or (ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. . 329 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-6 ©Best Best & Krieger LLP (F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, Health and Safety Code section 18901, and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. (G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Code of Federal Regulations section 59.1. (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Code of Federal Regulations section 60.3(d)(3). (I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, Fish and Game Code section 2800, habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act, Fish and Game Code section 2050, or the Native Plant Protection Act, Fish and Game Code section 1900. (K) Lands under conservation easement. (vii) The development is not located on a site where any of the following apply: (A) The development would require the demolition of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 330 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-7 ©Best Best & Krieger LLP (3) Housing that has been occupied by tenants within the past 10 years. (B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (viii) The applicant has done both of the following, as applicable: (A) Certified to the locality that either of the following is true, as applicable: (1) The entirety of the development is a public work for purposes of Labor Code section 1720. (2) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Labor Code sections 1773 and 1773.9, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply: (I) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III) Except as provided in subsection (V), all contractors and subcontractors shall maintain and verify payroll records 331 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-8 ©Best Best & Krieger LLP pursuant to Labor Code section 1776 and make those records available for inspection and copying as provided in therein. (IV) Except as provided in subsection (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Labor Code section 1741, which may be reviewed pursuant to Labor Code section 1742, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Labor Code section 1771.2. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Labor Code section 1742.1. (V) Subsections (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1). (VI) Notwithstanding Labor Code section 1773.1, subdivision (c), the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Labor Code section 511 or 514. (B)(1) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved: (I) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. 332 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-9 ©Best Best & Krieger LLP (II) On and after January 1, 2023, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (III) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (V) On and after January 1, 2023, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county. (2) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in the Public Contract Code section 2600. (3) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply: (I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development. (II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development. (III) Except as provided in subdivision (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Public Contract Code section 2600. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act. (Government Code section 7920.000, et seq.) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Public Contract Code section 2600 shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not 333 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-10 ©Best Best & Krieger LLP been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Labor Code section 1741, and may be reviewed pursuant to the same procedures in Labor Code section 1742. Penalties shall be paid to the State Public Works Enforcement Fund. (IV) Subdivision (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1). (C) Notwithstanding subparagraphs (A) and (B) above, a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following: (1) The project includes 10 or fewer units. (2) The project is not a public work for purposes of Labor Code section 1720. (ix) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Government Code section 66410, et seq.) or any other applicable law authorizing the subdivision of land, unless either of the following apply: (A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (viii). (B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (h). (x) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, Civil Code section 798, the Recreational Vehicle Park Occupancy Law, Civil Code section 799.20, the Mobilehome Parks Act, Health and Safety Code section 18200, or the Special Occupancy Parks Act, Health and Safety Code section 18860. 334 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-11 ©Best Best & Krieger LLP (b)(i)(A)(1) Before submitting an application for a development subject to the streamlined, ministerial approval process described in this section, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the Government Code, as that section read on January 1, 2020. (2) Upon receipt of a notice of intent to submit an application, the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development. (3) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows: A. The local government shall provide a formal notice of a development proponent's notice of intent to submit an application to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following: 1. A description of the proposed development. 2. The location of the proposed development. 3. An invitation to engage in a scoping consultation in accordance with this subdivision. B. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation. C. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response. (B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe. 335 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-12 ©Best Best & Krieger LLP (C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met: (1) The development proponent and its consultants agree to respect the principles set forth in this subdivision. (2) The development proponent and its consultants engage in the scoping consultation in good faith. (3) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation. (D) The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements: (1) Government Code sections 7927.000 and 7927.005; Public Resources Code section 21083.3, subdivision (c); (4) State CEQA Guidelines section 15120, subdivision (d); and any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation. (E) CEQA does not apply to the scoping consultation conducted pursuant to this subdivision. (b)(ii)(A) If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in this section . (B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in this section. The 336 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-13 ©Best Best & Krieger LLP local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development. (C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in this section. (D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur: (1) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present. (2) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached. (E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe. (b)(iii) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies: (A) A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application pursuant to this section did not accept the invitation to engage in a scoping consultation. (B) The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to this section but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe. (C) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development. (D) A scoping consultation between a California Native American tribe and the local government has occurred and resulted in an agreement. 337 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-14 ©Best Best & Krieger LLP (b)(iv) A project shall not be eligible for the streamlined, ministerial process described in this section if any of the following apply: (A) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (B) There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in this section. (C) The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. (b)(v)(A) If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial process described in this section for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation: (1) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (2) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment. (3) The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. (b)(v)(B) The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government. (b)(vi) This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government. (b)(vii) For purposes of this subdivision: 338 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-15 ©Best Best & Krieger LLP (A) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research. (B) “Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code. (b) (viii) This subdivision (b) shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before September 25, 2020. (c) (i) If a local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (iii) of this subdivision, it shall approve the development. If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows: (A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (ii) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a). 339 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-16 ©Best Best & Krieger LLP (iii) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (g), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) (i) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (ii) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (ix) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code section 66410)) shall be exempt from the requirements of CEQA and shall be subject to the public oversight timelines set forth in paragraph (i). (iii) If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (i), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (i) of subdivision (c). (e) (i) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not 340 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-17 ©Best Best & Krieger LLP impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances: (A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district. (C) When on-street parking permits are required but not offered to the occupants of the development. (D) When there is a car share vehicle located within one block of the development. (ii) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit. (f) (i) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements: (A) The project includes public investment in housing affordability, beyond tax credits. (B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income. (ii) If a local government approves a development pursuant to this section and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (f)(i), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following: (A) The construction has begun and has not ceased for more than 180 days. (B) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent 341 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-18 ©Best Best & Krieger LLP phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse. (C) Notwithstanding subparagraph (ii), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. (iii) If the development proponent requests a modification pursuant to subdivision (g), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent. (g) (i)(A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (b) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development. (i)(B) Except as provided in paragraph (g)(iiii), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted. (i)(C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (b). (i)(D) A guideline that is adopted or amended by the Department of Housing and Community Development after a development is approved through the streamlined, ministerial approval process described in subdivision (b) shall not be used as a basis to deny proposed modifications. (ii) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either 342 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-19 ©Best Best & Krieger LLP approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. (iii) Notwithstanding paragraph (g)(i), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances: (A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space. (B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space. (C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after first building permit application if agreed to by the development proponent. (iv) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (h) (i) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. 343 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-20 ©Best Best & Krieger LLP (ii) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (b). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (b), and includes, but is not limited to, demolition, grading, and building permits and final maps, if necessary. (i) (i) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of Government Code section 65583.2(i). (ii) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Government Code section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law. (j) CEQA does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to: (i) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (ii) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to 344 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-21 ©Best Best & Krieger LLP implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (k) For purposes of this section the following definitions shall apply: (1) “Affordable housing cost” has the same meaning as set forth in section 50052.5 of the Health and Safety Code. (2) (A) Subject to the qualification provided by subparagraph (B), “affordable rent” has the same meaning as set forth in Section 50063 of the Health and Safety Code. (B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (k)(1), and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. (3) “Department” means the Department of Housing and Community Development. (4) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section. (5) “Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit. (6) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (7) “Moderate income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code. 345 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-22 ©Best Best & Krieger LLP (8) “Production report” means the information reported pursuant to `subparagraph (D) of paragraph (2) of subdivision (a) of Government Code section 65400. (9) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California. (10) “Subsidized” means units that are price or rent restricted such that the units are affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code. (11) “Reporting period” means either of the following: (A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle. (12) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (l) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” under CEQA. (m) This section shall remain in effect until January 1, 2026. (Reference: Gov. Code, § 65913.4.) 9.02 MINISTERIAL APPROVAL PROCESS FOR URBAN LOT SPLITS AND HOUSING DEVELOPMENTS WITH NO MORE THAN TWO RESIDENTIAL UNITS WITHIN A SINGLE- FAMILY RESIDENTIAL ZONE (SB 9) (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, and shall therefore not be subject to CEQA, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. 346 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-23 ©Best Best & Krieger LLP (2) The parcel is not located on a site that is any of the following: (A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction; (B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993); (C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code—unless the parcel is a site excluded from the specified hazard zone by a local agency, or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; (D) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses; (E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department; (F) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency; (G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by 347 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-24 ©Best Best & Krieger LLP the Federal Emergency Management Agency, unless the development has received a no-rise certification; (H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resources protection plan; (I) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; or lands under conservation easement; or (J) Lands under conservation easement. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows; or (B) The site has not been occupied by a tenant in the last three years (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or 348 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-25 ©Best Best & Krieger LLP listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. Other regulations governing the approval of a housing development under this section are set forth in Government Code section 65852.21(a). (b) Notwithstanding any other provision of local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split—and such urban lot split shall therefore not be subject to CEQA—only if the local agency determines that the parcel map for the urban lot split meets all of the following requirements: (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) Both newly created parcels are no smaller than 1,200 square feet, except that a local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval. (3) The parcel being subdivided meets all of the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel is not located on a site enumerated in Paragraph (a)(2) above. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before 349 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-26 ©Best Best & Krieger LLP the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. Other regulations governing the approval of an urban lot split under this section are set forth in Government Code section 65852.21(b). 9.03 APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL IN CERTAIN CIRCUMSTANCES (SB 10) (a) A local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This subsection shall not apply to either of the following: (1) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (2) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes. (b) An ordinance adopted in accordance with this section, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” under CEQA. 350 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-27 ©Best Best & Krieger LLP (c) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from CEQA, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from CEQA. This subdivision, however, shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from CEQA. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section. Other regulations governing the approval of an ordinance under this section are set forth in Government Code section 65913.5. 9.04 HOUSING SUSTAINABILITY DISTRICTS. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. The general plan must contain seven mandatory elements, including a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Senate Bill 73 authorizes a city, county, or city and county, including a charter agency, to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use within the district through the ministerial issuance of a permit. The agency is authorized to apply to the Department of Housing and Community Development for approval of a zoning incentive payment and requires the agency to provide specified information about the proposed housing sustainability district ordinance. The department is required to approve a zoning incentive payment if the ordinance meets the above-described requirements and the agency’s housing element is in compliance with specified law. A city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that one-half of the amount be paid when the department approves the zone and one-half of the amount be paid when the department verifies that permits for the construction of the units have issued within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. If the agency reduces the density of sites within the district from specified levels set forth in the Senate Bill 73, the agency would be required to return the full amount of zoning incentive payments it has received to the department. The bill also authorizes a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided. As it relates specifically to CEQA, a Lead Agency designating a housing sustainability district is required to prepare an EIR pursuant to Government Code section 66201 to identify and mitigate, to the extent feasible, environmental impacts resulting from the designation. The EIR 351 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-28 ©Best Best & Krieger LLP shall identify mitigation measures that may be undertaken by housing projects in the housing sustainability district to mitigate the environmental impacts identified in the EIR. Housing projects undertaken in the housing sustainability districts that meet specified requirements, including if the project satisfies certain design review standards applicable to development projects within the district provided the project is “complementary to adjacent buildings and structures and is consistent with the [agency’s] general plan,” are exempt under CEQA. 9.05 INTERIM MOTEL HOUSING PROJECTS. “Interim motel housing projects” are statutorily exempt from CEQA. A project is exempt from CEQA as an “interim motel housing project” where the project consists of the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing and the conversion meets at least one of the following conditions: (1) the conversion does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and (2) the conversion does not result in any significant effects relating to traffic, noise, air quality, or water quality. If the City determines that a project is exempt from CEQA as an interim motel housing project, it must file a Notice of Exemption with the State Clearinghouse. (Reference: Pub. Resources Code, § 21080.50 [in effect until January 1, 2025].) 9.06 SUPPORTIVE HOUSING AND “NO PLACE LIKE HOME” PROJECTS. A decision by the City to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the “No Place Like Home Program” (set forth in Part 3.9 of Division 5 of the Welfare and Institutions Code, commencing with Section 5849.1) does not constitute a “project” under CEQA. “Supportive housing” in areas where multifamily and mixed uses are permitted may be a “use by right” and thus exempt from CEQA if the supportive housing project meets certain criteria set forth in Government Code section 65651. A “supportive housing” project is a project that provides housing with no limit on length of stay, that is occupied by persons within the target population—i.e., persons with disabilities, families who are homeless, or homeless youth—and that is linked to onsite or offsite services that assist the supportive housing resident to retain housing, improve their health status, and maximize their ability to live and, when possible, work in the community. A policy by a city or county to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” under CEQA. To see the requirements of the exemptions relating to supportive housing, please see Government Code section 65651. If a No Place Like Home project is not exempt from CEQA under Government Code section 65651, the development applicant may request, within 10 days after the City determines the type of environmental documentation required for the project under CEQA, that the City prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Public Resources Code section 21186. 352 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-29 ©Best Best & Krieger LLP If the City approves or determines to carry out a No Place Like Home project that is subject to CEQA, the City shall file a notice of that approval or determination in accordance with the requirements of Public Resources Code section 21151, subdivision (a), except that the Notice of Determination shall be filed within two working days after the approval or determination becomes final. Likewise, if the City approves or determines to carry out a No Place Like Home project that is not subject to CEQA, the City shall file a Notice of Exemption in accordance with the requirements of Public Resources Code section 21152, subdivision (b), except that the Notice of Exemption shall be filed within two working days after the approval or determination becomes final. (Reference: Pub. Resources Code, § 21163, et seq.; Gov. Code, § 65651; Health & Safety Code, § 50675.14.) 9.07 SHELTER CRISIS AND EMERGENCY HOUSING. An action taken by certain cities, counties, or state agencies to lease, convey, or encumber land owned by a city or county—or an action to facilitate the lease, conveyance, or encumbrance of land owned by the local government—for, or to provide financial assistance to, a homeless shelter constructed pursuant to the provisions of Government Code section 8698.4 is statutorily exempt from CEQA. This narrow exception applies to specified efforts to assist specified cities or counties that have declared a shelter crisis and seek to build a homeless shelter. To see all the requirements of this exemption, please see Government Code section 8698.4. (Reference: Gov. Code, § 8698.4 [in effect until January 1, 2023].) 9.08 AFFORDABLE HOUSING DEVELOPMENTS IN COMMERCIAL ZONES. A proposed affordable multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements: 1. One hundred percent of the units within the development project, excluding managers’ units, must be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units must be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. 2. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further defined in Government Code section 65912.113(f) & (g). 3. The proposed housing development must meet certain density requirements set forth in Government Code section 65583.2(c)(3). 4. The project must be located in a zone where office, retail, or parking are a principally permitted use. 353 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-30 ©Best Best & Krieger LLP 5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined. 6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. 7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. 8. None of the proposed housing may be located within 500 feet of a freeway. 9. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. 10. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance. 11. The project site may not be located in wetlands. 12. The project site may not be located in a very high fire hazard severity zone. 13. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E). 14. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F). 15. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”). 16. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H). 17. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan. 18. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully 354 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-31 ©Best Best & Krieger LLP protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act. 19. The project site may not be located on lands under conservation easement. 20. The project site may not be located on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. 21. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site. Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.113(i). 22. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site. 23. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.113(c). A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.110, et seq.) 9.09 MIXED-INCOME HOUSING DEVELOPMENTS ALONG COMMERCIAL CORRIDORS. A proposed multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements: 1. The proposed development project must meet all of the following affordability criteria, as set forth in greater detail in Government Code section 65912.122: (a)(1) A rental housing development shall include either of the following: (A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households; or (B) Fifteen percent of the units for lower income households. (2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years. 355 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-32 ©Best Best & Krieger LLP (b)(1) An owner-occupied housing development shall include either of the following: (A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households; or (B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 45 years. (c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following: (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher. (2) The development project shall meet the lowest income targeting in either policy. (3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following: (A) Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households; and (B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level. (d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. 2. The project site must abut a commercial corridor and have frontage along the commercial corridor of at least 50 feet. 356 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-33 ©Best Best & Krieger LLP 3. The project site may not be greater than 20 acres. 4. The project must be located in a zone where office, retail, or parking are a principally permitted use. 5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined. 6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. 7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. 8. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further explained in Government Code section 65912.123(j). 9. The proposed housing development must meet certain density requirements set forth in Government Code section 65912.123(b). 10. The proposed housing development must meet certain height and setback requirements set forth in Government Code section 65912.123(c)-(d). 11. The project may not be located on a site where any of the following would apply: (a) The development would require the demolition of the following types of housing: (i) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) or housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. (b) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submitted its application for the development. (c) The site would require the demolition of a historic structure that was placed on a national, state, or local historic register. (d) The property contains one to four dwelling units. 357 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-34 ©Best Best & Krieger LLP (e) The property is vacant and zoned for housing but not for multifamily residential use. (f) The existing parcel of land or site is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act 12. None of the proposed housing may be located within 500 feet of a freeway. 13. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. 14. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance. 15. The project site may not be located in wetlands. 16. The project site may not be located in a very high fire hazard severity zone. 17. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E). 18. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F). 19. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”). 20. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H). 21. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan. 22. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act. 23. The project site may not be located on lands under conservation easement. 24. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site. 358 Local Guidelines for Implementing the California Environmental Quality Act (2024) AFFORDABLE HOUSING 2024 City of Palm Desert Local Guidelines 9-35 ©Best Best & Krieger LLP Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.121(i). 25. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site. 26. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.123(f). A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.120, et seq.) 359 Local Guidelines for Implementing the California Environmental Quality Act (2024) CEQA LITIGATION 2024 City of Palm Desert Local Guidelines 10-1 ©Best Best & Krieger LLP 10. CEQA LITIGATION 10.01 TIMELINES. When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met. 10.02 MEDIATION AND SETTLEMENT. After Litigation Has Been Filed. The parties in a CEQA lawsuit are required to meet and discuss settlement. Within twenty (20) days of being served with a CEQA legal challenge, the public agency named in the lawsuit must file a notice with the court setting forth the time and place for a settlement meeting. The meeting must be scheduled and held not later than forty-five (45) days from the date of service of the petition or complaint upon the public agency. Usually the main parties to the litigation (such as the Lead Agency, the developer of the project if there is one, and those challenging the project and their respective attorneys) meet to discuss settlement; there is no requirement to hire a professional mediator. The settlement meeting is usually subject to a confidentiality agreement. If the parties in a CEQA lawsuit are in settlement or mediation, that attempt is intended to occur concurrently with the litigation. This means that the respondent public agency will be required to comply with all existing litigation timelines and requirements (for example, preparing and lodging the administrative record discussed below) while simultaneously conducting settlement or mediation, unless the parties enter into an alternate agreement to stay the litigation and that agreement is approved by the court. 10.03 ADMINISTRATIVE RECORD. A. Contents of Administrative Record. When the Lead Agency’s CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency’s decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record: (1) All project application materials; 360 Local Guidelines for Implementing the California Environmental Quality Act (2024) CEQA LITIGATION 2024 City of Palm Desert Local Guidelines 10-2 ©Best Best & Krieger LLP (2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project; (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to CEQA or these Local Guidelines; (4) Any transcript or minutes of the proceedings at which the decision-making body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decision-making body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation; (7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decision-making body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA; (10) Any other written materials relevant to the respondent public agency’s compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency’s files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and 361 Local Guidelines for Implementing the California Environmental Quality Act (2024) CEQA LITIGATION 2024 City of Palm Desert Local Guidelines 10-3 ©Best Best & Krieger LLP (11) The full written record before any inferior administrative decision-making body whose decision was appealed prior to the filing of the lawsuit. B. Organization of Administrative Record. The administrative record should be organized as follows: (1) Index. A detailed index must be included at the beginning of the administrative record listing each document in the order presented. Each entry must include the document’s title, date, brief description, and the volume and page where the document begins; (2) The Notice of Determination; (3) The resolutions or ordinances adopted by the Lead Agency approving the project; (4) The findings required by Public Resources Code section 21081, including any statement of overriding considerations; (5) The Final EIR, including the Draft EIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), or other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study; (7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the Lead Agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order. Each section listed above must be separated by tabs or marked with electronic bookmarks. Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed. The court may issue an order allowing the documents to be organized in a different manner. C. Preparation of Administrative Record. The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record. However, when a third party such as the project applicant prepares or assists with the preparation of the administrative record, the Lead Agency 362 Local Guidelines for Implementing the California Environmental Quality Act (2024) CEQA LITIGATION 2024 City of Palm Desert Local Guidelines 10-4 ©Best Best & Krieger LLP may not be able to recover fees incurred by the third party unless petitioner has agreed to this method of preparation. Notwithstanding the above, upon the written request of a project applicant received no later than 30 days after the date that the Lead Agency makes a determination pursuant to Public Resources Code section 21080.1, 21094.5, or Chapter 4.2 (commencing with Public Resources Code section 21155) and with the written consent of the Lead Agency sent within 10 business days from receipt of the written request, the Lead Agency may prepare the administrative record concurrently with the administrative process. Should the Lead Agency and the project applicant so desire to pursue concurrent record preparation, the parties must comply with the provisions of Public Resources Code section 21167.6.2. D. Special Circumstances For Environmental Leadership Projects. Special timing considerations and requirements apply if the Project is certified by the Governor as an Environmental Leadership Project pursuant to the “Jobs and Economic Improvement Through Environmental Leadership Act of 2021.” For example, the administrative record must be finished and certified within five (5) days of project approval. See Public Resources Code section 21186 for a complete discussion of the special requirements related to the preparation of an administrative record for an Environmental Leadership Project. 363 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-1 ©Best Best & Krieger LLP 11. DEFINITIONS Whenever the following terms are used in these Local Guidelines, they shall have the following meaning unless otherwise expressly defined: 11.01 “Agricultural Employee” means a person engaged in agriculture, which includes farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).) 11.02 “Applicant” means a person who proposes to carry out a project that requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance. 11.03 “Approval” means a decision by the decision-making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision-making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. For purposes of these Local Guidelines, all environmental documents must be completed as of the time of project approval. 364 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-2 ©Best Best & Krieger LLP 11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date the Notice of Preparation is published for an EIR or the date the Notice of Intent to Adopt a Negative Declaration is published. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence. 11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. 11.06 “Categorical Exemption” means an exemption from CEQA for a class of projects based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment. 11.07 “Census-Defined Place” means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census. 11.08 “CEQA” means the California Environmental Quality Act, codified at California Public Resources Code sections 21000, et seq. 11.09 “City” means the City of Palm Desert. 11.10 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies. 11.11 “Community-Level Environmental Review” means either (1) or (2) below: (1) An EIR certified for any of the following: (a) A general plan; (b) A revision or update to the general plan that includes at least the land use and circulation elements; (c) An applicable community plan; (d) An applicable specific plan; or (e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project; (2) A Negative Declaration or Mitigated Negative Declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan or specific plan, provided that the subsequent environmental review document is allowed by 365 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-3 ©Best Best & Krieger LLP CEQA following a Master EIR or a Program EIR or is required pursuant to Public Resource Section 21166. 11.12 “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance. 11.13 “Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. 11.14 “Cumulatively Considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 11.15 “Decision-Making Body” means the body within the City, e.g. the City Council, which has final approval authority over the particular project. 11.16 “Developed Open Space” means land that meets each of the following three criteria: (1) Is publicly owned, or financed in whole or in part by public funds; (2) Is generally open to, and available for use by, the public; and (3) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities. Developed Open Space may include land that has been designated for acquisition by a public agency for developed open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. 11.17 “Development Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.) 366 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-4 ©Best Best & Krieger LLP 11.18 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. To determine whether a project is discretionary, the key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project. 11.19 “EIR” means Environmental Impact Report, a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR. 11.20 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage. 11.21 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “Endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “Threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the Federal Endangered Species Act. A species or subspecies of animal or plant is “Rare” when either: (1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered Species Act. For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the Federal Endangered Species Act. This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks). 11.22 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved 367 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-5 ©Best Best & Krieger LLP shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions. 11.23 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 11.24 “Final EIR” means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received. 11.25 “Greenhouse Gases” include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 11.26 “Guidelines” or “Local Guidelines” means the City’s Local Guidelines for implementing the California Environmental Quality Act. 11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code. 11.28 “Historical Resources” include: Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources. A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria: (a) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (b) Is associated with the lives of persons important in our past; (c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (d) Has yielded, or may be likely to yield, information important in prehistory or history. A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria: (a) The survey has been or will be included in the State Historic Resources Inventory; (b) The survey and the survey documentation were prepared in accordance with office procedures and requirements; and (c) The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523. 368 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-6 ©Best Best & Krieger LLP Resources included on a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution, or identified as significant in a historical resource survey (as described above) are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant. Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California. The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or is not determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey. 11.29 “Infill Site” means a site in an urbanized area that meets either of the following criteria: (1) The site has been previously developed for qualified urban uses; or (2) The site has not been previously developed for qualified urban uses and both (a) and (b) are met: (a) the site is immediately adjacent to parcels that are developed with qualified urban uses, or 1. at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with existing qualified urban uses at the time the Lead Agency receives an application for an approval; and 2. the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses; (b) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. (Public Resources Code section 21061.3.) 11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR, a Negative Declaration, or a Mitigated Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. 369 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-7 ©Best Best & Krieger LLP 11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project. The City will have jurisdiction by law over a project when the City has primary and exclusive jurisdiction over the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects. 11.32 “Land Disposal Facility” means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code section 25199.1(d).) 11.33 “Large Treatment Facility” means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code section 25205.1(d).) 11.34 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity. 11.35 “Low- and Moderate-Income Households” means persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code—i.e., persons and families whose income does not exceed 120% of area median income, adjusted for family size by the Department of Housing and Community Development, in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code section 21159.20(d); State CEQA Guidelines section 15191(f).) 11.36 “Low-Income Households” means households of persons and families of very low and low income. Low-income persons or families are those eligible for financial assistance from governmental agencies for occupants of state-funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code section 21159.20(c); Health and Safety Code sections 50105 and 50106; State CEQA Guidelines section 15191(g).) 11.37 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor. 370 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-8 ©Best Best & Krieger LLP 11.38 “Lower Income Households” is defined in Health and Safety Code section 50079.5 to mean any of the following: (1) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937; (2) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as defined in Health and Safety Code 50105; or (3) “Extremely low income households” means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as defined in Health and Safety Code section 50106. 11.39 “Major Transit Stop” means a site containing an existing rail or bus rapit transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (Pub. Resources Code, § 21064.3; see also Pub. Resources Code, § 21060.2; State CEQA Guidelines section 15191(i).) 11.40 “Metropolitan Planning Organization” or “MPO” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. There are 18 federally-designated MPOs in California. Non-urbanized (rural) areas do not have a designated MPO. 11.41 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria: (1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land. 11.42 “Military Service” means the United States Department of Defense or any branch of the United States Armed Forces. 11.43 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official 371 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-9 ©Best Best & Krieger LLP cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).) 11.44 “Mitigated Negative Declaration” or “MND” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made, or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. 11.45 “Mitigation” includes avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements. 11.46 “Negative Declaration” or “ND” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. 11.47 “Notice of Completion” means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. 11.48 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. 11.49 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. 11.50 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and 372 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-10 ©Best Best & Krieger LLP involved federal agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. Public agencies are free to develop their own formats for this notice. 11.51 “Oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code section 4526, and that is five (5) inches or more in diameter at breast height. (Public Resources Code section 21083.4(a).) 11.52 “Oak Woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish & Game Code section 1361(h).) 11.53 “Offsite Facility” means a facility that serves more than one generator of hazardous waste. (Public Resources Code section 21151.1(h).) 11.54 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions. 11.55 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3.10 and 3.11 for specific definitions. 11.56 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City. Private projects will normally be those listed in subsections (2) and (3) of Local Guidelines Section 11.57. 11.57 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: (1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures; (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City; or (3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the 373 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-11 ©Best Best & Krieger LLP issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval. 11.58 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).) 11.59 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guidelines section 15155.) 11.60 “Qualified Urban Use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code section 21072; State CEQA Guidelines section 15191(k).) 11.61 “Residential” means a use consisting of either residential units only or residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. (State CEQA Guidelines section 15191(l).) Residential, pursuant to Public Resources Code section 21159.24, shall mean a use consisting of either of the following: (1) Residential units only. (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project. 11.62 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project. 11.63 “Riparian areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, 374 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-12 ©Best Best & Krieger LLP ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines. 11.64 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-of- way of no more than five feet from the edge of the roadway. 11.65 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. 11.66 “Significant Value as a Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife. 11.67 “Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor. 11.68 “Staff” means the City Manager or his or her designee. 11.69 “Standard” means a standard of general application that is all of the following: (1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application; (2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and 375 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-13 ©Best Best & Krieger LLP (5) Governs the jurisdiction where the project is located. The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section. If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record. 11.70 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Natural Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.) 11.71 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment. 11.72 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the Metropolitan Planning Organization for the region. (See Local Guidelines Section 11.40.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks. 11.73 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is: (a) From a general plan, policy, or Program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR; or (b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. (Public Resources Code sections 21003, 21061 and 21100.) 376 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-14 ©Best Best & Krieger LLP 11.74 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations. 11.75 “Transit Priority Project” means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the California Air Resources Board has accepted a Metropolitan Planning Organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met. To qualify for the exemption, the Transit Priority Project must: (1) contain at least 50 percent residential use based on total building square footage; (2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75; (3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1. 11.76 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site, and freeways, highways, and rail transit service within ten (10) miles of the project site. 11.77 “Tribal Cultural Resources” are either of the following: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: (a) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (b) Included in a local register of historic resources as defined in subdivision (k) of Public Resources Code section 5020.1. (2) 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 Section 5024.1 for the purposes of this 377 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-15 ©Best Best & Krieger LLP definition, the Lead Agency shall consider the significance of the resource to a California Native American tribe. A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. A historic resource described in Public Resources Code section 21084.1, a unique archaeological resource as defined in subdivision (g) of Public Resources Code section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Public Resources Code section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources. 11.78 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following: (a) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW; (b) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands; (c) The State Department of Parks and Recreation with regard to units of the State Park System; (d) The University of California with regard to sites within the Natural Land and Water Reserve System; and/or (e) The State Water Resources Control Board with respect to surface waters. 11.79 “Urban Growth Boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary. 11.80 “Urbanized Area” means either of the following: (1) An incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least one hundred thousand (100,000) persons; (2) An unincorporated area that meets both of the following requirements: (a) The unincorporated area is either: (i) completely surrounded by one or more incorporated cities, has a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and has a population density that at least equals the population density of the surrounding city or cities; or 378 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-16 ©Best Best & Krieger LLP (ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. An “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side. (b) The board of supervisors with jurisdiction over the unincorporated area has taken all three of the following steps: 1. Prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and protects the environment, open space and agricultural areas; 2. Submitted the draft document to the Office of Planning and Research and allowed OPR thirty (30) days to submit comments on the draft finding to the board; and 3. At least thirty (30) days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document. (Public Resources Code sections 21083, 21159.20-21159.24; State CEQA Guidelines section 15191(m).) 11.81 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county Lead Agency pursuant to subdivision (a) of section 10911 of the Water Code. 11.82 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or a city or county, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code. 11.83 “Water Demand Project” means any one of the following: (A) A residential development of more than 500 dwelling units; (B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space; 379 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-17 ©Best Best & Krieger LLP (D) A hotel or motel, or both, having more than 500 rooms; (E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area; Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually. (F) A mixed-use project that includes one or more of the projects specified in subdivisions (A); (B), (C), (D), (E), or (G) of this section; (G) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project; or (H) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria: (1) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or (2) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State CEQA Guidelines section 15155.) 11.84 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline. 11.85 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.) 11.86 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.) 380 Local Guidelines for Implementing the California Environmental Quality Act (2024) DEFINITIONS 2024 City of Palm Desert Local Guidelines 11-18 ©Best Best & Krieger LLP 11.87 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. 381 Local Guidelines for Implementing the California Environmental Quality Act (2024) FORMS 2024 City of Palm Desert Local Guidelines 12-1 ©Best Best & Krieger LLP 12. FORMS See forms A – S which accompany these Guidelines. 382 Local Guidelines for Implementing the California Environmental Quality Act (2024) Common ACRONYMS 2024 City of Palm Desert Local Guidelines 13-1 ©Best Best & Krieger LLP 13. COMMON ACRONYMS A. ************************************************** ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District AQMP – Air Quality Management Plan AR – Administrative Record ARB – Air Resources Board B. ************************************************** BMP – Best Management Practices BO – Biological Opinion C. ************************************************** Cal EPA – California Environmental Protection Agency CAP – Climate Action Plan CCAA – California Clean Air Act CCR – California Code of Regulations (Title 14 Sections 15000 et seq. are also known as the State CEQA Guidelines.) CE – Categorical Exclusion (NEPA) CESA – California Endangered Species Act CEQA – California Environmental Quality Act CFR – Code of Federal Regulations CMP – Congestion Management Plan CRWQCB – California Regional Water Quality Control Board D. ************************************************** DEIR – Draft Environmental Impact Report DFW – Department of Fish and Wildlife E. ************************************************** EA – Environmental Assessment (NEPA term) EIR – Environmental Impact Report EIS – Environmental Impact Statement (NEPA term) EPA – Environmental Protection Agency ESA – Endangered Species Act; Environmental Site Assessment F. ************************************************** FCAA – Federal Clean Air Act FEIR – Final Environmental Impact Report FOIA – Freedom of Information Act (Federal) FONSI – Finding of No Significant Impact (NEPA term) FWS – Fish and Wildlife Service 383 Local Guidelines for Implementing the California Environmental Quality Act (2024) Common ACRONYMS 2024 City of Palm Desert Local Guidelines 13-2 ©Best Best & Krieger LLP G. ************************************************** GHG – Greenhouse Gas GW – Ground Water H. ************************************************** HH&E – Human Health and Environment HRA – Health Risk Assessment HS – Hazardous Substance I. ************************************************** IS – Initial Study J. ************************************************** K. ************************************************** L. ************************************************** LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LEA – Local Enforcement Agency LESA – Land Evaluation and Site Assessment LUFT – Leaking Underground Fuel Tank LUST – Leaking Underground Storage Tanks. Reference Part 213 of Public Act 451 of 1994. M. ************************************************** MEIR – Master Environmental Impact Report MMRP – Mitigation Monitoring and Reporting Plan MPO – Metropolitan Planning Organization MND – Mitigated Negative Declaration N. ************************************************** ND – Negative Declaration NEPA – National Environmental Policy Act NOA – Notice of Availability NOC – Notice of Completion NOD – Notice of Determination NOE – Notice of Exemption NOI – Notice of Intent NOP – Notice of Preparation NOV – Notice of Violation O. ************************************************** OPR – Office of Planning and Research 384 Local Guidelines for Implementing the California Environmental Quality Act (2024) Common ACRONYMS 2024 City of Palm Desert Local Guidelines 13-3 ©Best Best & Krieger LLP P. ************************************************** PEIR – Program Environmental Impact Report. Sometimes also used to describe a Project Environmental Impact Report PM – Particulate Matter PRA – Public Records Act PSA – Permit Streamlining Act Q. ************************************************** R. ************************************************** RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste. S. ************************************************** SCH – State Clearinghouse SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act SWMP – Stormwater Monitoring Program SWPPP – Stormwater Pollution Prevention Program T. ************************************************** TCM – Transportation Control Measure TCP – Transportation Control Plan TDS – Total Dissolved Solids TMP – Transportation Management Plan Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value U. ************************************************** UBC – Uniform Building Code UFC – Uniform Fire Code UGST – Underground Storage Tank USDW – Underground Source of Drinking Water UWMP – Urban Water Management Plan V. ************************************************** VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey W. ************************************************** WQS – Water Quality Standard WSA – Water Supply Assessment WTP – Water Treatment Plant. A facility designed to provide treatment to water. WWTP – Wastewater Treatment Plan 385 Local Guidelines for Implementing the California Environmental Quality Act (2024) Common ACRONYMS 2024 City of Palm Desert Local Guidelines 13-4 ©Best Best & Krieger LLP X. ************************************************** Y. ************************************************** Z. ************************************************** 386 CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER A RECCOMMENDATION TO THE PALM DESERT CITY COUNCIL FOR THE ADOPTION OF THE 2024 LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.) AND FINDING THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH CEQA The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section §15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts. PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The City of Palm Desert has prepared a proposed updated set of Local CEQA Guidelines for 2024 in compliance with CEQA’s requirements. These Guidelines reflect recent changes to CEQA. These Local CEQA Guidelines also provide instructions and forms for preparing all environmental documents required under CEQA. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing on Tuesday, May 7, 2024. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/connect/committees-and-commissions/planning-commission. PUBLIC REVIEW: Information concerning the proposed action is available for public review in the Development Services – Planning Division office at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours. Written comments may be submitted to the Planning Commission by letter to the address below or by email at planning@palmdesert.gov. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Nick Melloni, AICP, Principal Planner City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmellloni@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY April 26, 2024 PALM DESERT PLANNING COMMISSION 387 388 - 1 - Memorandum TO: Project 5 City Client FROM: Best Best & Krieger LLP DATE: March 11, 2024 RE: Summary of Changes to Local CEQA Guidelines In 2023, the California Legislature revised the California Environmental Quality Act (“CEQA”) to exempt certain affordable housing projects, expand the circumstances in which Notices of Determination and Notices of Exemption must be filed with the State Clearinghouse, and provide public agencies with increased control over the preparation of the administrative record in litigation. We have revised the City’s Local Guidelines for Implementing CEQA (“Local Guidelines”) to account for these CEQA developments. This memorandum summarizes the substantive amendments to the City’s Local Guidelines. The Local Guidelines and this memorandum are designed to help the City comply with CEQA when considering a project subject to CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial, or unusual projects or activities. The Local Guidelines, the related CEQA forms, and other important legal alerts may be accessed via the Best Best & Krieger CEQA client portal. Please contact Tammy Ingram at tammy.ingram@bbklaw.com with any technical questions regarding accessing the client portal. REVISIONS TO LOCAL GUIDELINES 1. SECTIONS 3.04, 6.20, & 7.39 – NOTICES OF DETERMINATION & NOTICES OF EXEMPTION Public Resources Code section 21152 has been amended to require a local agency to file a Notice of Determination (“NOD”) with both the County Clerk and the State Clearinghouse in the Office of Planning and Research (“OPR”) within five working days of the agency approving a project subject to CEQA. The Legislature further amended Section 21152 to provide that when a local agency files a Notice of Exemption (“NOE”), the agency should file the NOE with both the County Clerk and the State Clearinghouse. We have revised Sections 3.04, 6.20, and 7.39 of the Local Guidelines to account for the expanded circumstances in which an agency must file an NOD or NOE with the State Clearinghouse. 2. SECTION 9.10 – EXEMPTION FOR A RESPONSIBLE AGENCY’S PROVISION OF FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Public Resources Code section 21080.10(b) has been amended to exempt action taken by a local agency not acting as the lead agency to provide financial assistance or insurance for the 389 - 2 - development and construction of residential housing for persons and families of low- or moderate-income, if the project at issue will be reviewed pursuant to CEQA by another public agency. We have added Section 9.10 to the Local Guidelines to account for this exemption. 3. SECTION 9.11 – EXEMPTION FOR SPECIFIED AFFORDABLE HOUSING PROJECTS The Legislature has added Section 21080.40 to the Public Resources Code, which includes a new statutory exemption under CEQA for affordable housing projects that meet the section’s specified requirements. The section exempts from CEQA certain actions taken by lead agencies relating to 100 percent affordable housing projects (as defined), including (i) the issuance of an entitlement by a public agency for an affordable housing project, (ii) an action to lease, convey, or encumber land owned by a public agency for an affordable housing project, (iii) an action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project; (iv) rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, or (iv) an action to provide financial assistance in furtherance of implementing an affordable housing project. We have added Section 9.11 to the Local Guidelines to account for this exemption. 4. SECTION 9.12 – EXEMPTION FOR HOUSING DEVELOPMENTS ON LAND OWNED BY INSTITUTIONS OF HIGHER EDUCATION AND RELIGIOUS INSTITUTIONS The Legislature has added Section 65913.16 to the Government Code, which provides for the ministerial approval of a “housing development project” (meeting specified requirements) located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution. We have added Section 9.12 to the Local Guidelines to account for this exemption. 5. SECTION 10.03 – ADMINISTRATIVE RECORDS Public Resources Code section 21167.6 has been amended to provide public agencies with increased control over preparation of the administrative record during litigation. In particular, a public agency may now deny a petitioner’s request to prepare the administrative record, provided that it issues the denial within five business days of receiving the petitioner’s request to prepare the administrative record. Public Resources Code section 21167.6 has further been amended to clarify that an administrative record need not include (1) communications and emails of a logistical nature, such as meeting invitations or scheduling communications; or (2) documents subject to a privilege or exemption set forth in the California Public Records Act. We have revised Section 10.03 of the Local Guidelines to be consistent with Public Resources Code section 21167.6, as amended. 390 - 3 - Other Changes Effective January 1, 2024, the Department of Fish and Wildlife has increased its fees. For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,916.75; for an EIR, the new filing fee is $4,051.25; and for an environmental document prepared pursuant to a Certified Regulatory Program, the filing fee has been increased to $1,377.25. Conclusion As always, CEQA remains complicated and, at times, challenging to apply. The only constant in this area of law is how quickly the rules change. Should you have questions about any of the provisions discussed above, please contact a BB&K attorney for assistance. BEST BEST & KRIEGER LLP 391 392 Page 1 of 1 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT MEETING DATE: May 7, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner REQUEST: CONTINUE ZONING ORDINANCE AMENDMENT 2024-0002 TO THE JUNE 4, 2024 PLANNING COMMISSION MEETING RECOMMENDATION: CONTINUE ZONING ORDINANCE AMENDMENT (ZOA) 2024-0002 TO THE JUNE 4, 2024 PLANNING COMMISSION MEETING. BACKGROUND/ANALYSIS: ZOA 2024-0002 was publicly noticed to be considered at a Planning Commission public hearing on May 7, 2024. City staff is requesting for the Planning Commission to continue this item to the June 4, 2024 Planning Commission meeting. 393