HomeMy WebLinkAbout2024-06-04 PC Regular Meeting Agenda Packet
PLANNING COMMISSION
CITY OF PALM DESERT
REGULAR MEETING POST-MEETING AGENDA
Tuesday, June 4, 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
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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.
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Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.NONAGENDA PUBLIC COMMENTS 5
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 7
RECOMMENDATION:
Approve the Minutes of May 21, 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
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RECOMMENDATION:
Direct staff to continue the item, schedule community meetings to solicit
additional input, and return to the Planning Commission after feedback from
community meetings has been gathered.
8.b CONSIDERATION OF A RECOMMENDATION TO THE PALM DESERT
CITY COUNCIL FOR APPROVAL OF A ZONING ORDINANCE
AMENDMENT TO SECTIONS OF TITLE 25 OF THE PALM DESERT
MUNICIPAL CODE AND FINDING THE ACTION EXEMPT PER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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RECOMMENDATION:
Adopt Planning Commission Resolution No. 2871 entitled, “A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA RECOMMENDING APPROVAL OF A ZONING ORDINANCE
AMENDMENT TO AMEND SECTIONS 25.16.030, 25.18.040, 25.28.070,
25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL
CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS
EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
Planning Commission Meeting
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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 225
10.ADJOURNMENT
The next Regular Meeting will be held on June 18, 2024, at 6:00 p.m.
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
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PLANNING COMMISSION
CITY OF PALM DESERT
REGULAR MEETING MINUTES
May 21, 2024, 6:00 p.m.
Present: Commissioner Nancy DeLuna, Commissioner John Greenwood,
Commissioner Ron Gregory, Commissioner Lindsay Holt, Chair
Joseph Pradetto
Staff Present: Director of Development Services Richard Cannone, Recording
Secretary Monique Lomeli, Principal Planner Nick Melloni,
Principal Planner Carlos Flores
1. CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order by Chairman Pradetto
on Tuesday, May 21, 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
Vice Chair Gregory led the Pledge of Allegiance.
4. NON-AGENDA PUBLIC COMMENTS
None.
5. CONSENT CALENDAR
Motion by: Commissioner Greenwood
Seconded by: Commissioner DeLuna
To approve the consent calendar as presented.
Motion Carried
5.a APPROVAL OF MINUTES
Motion by: Commissioner Greenwood
Seconded by: Commissioner DeLuna
Approve the Minutes of May 7, 2024.
Motion Carried (5 to 0)
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6. CONSENT ITEMS HELD OVER
None.
7. ACTION CALENDAR
7.a REVIEW OF FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT PROGRAM
FOR CONSISTENCY WITH THE CITY OF PALM DESERT GENERAL PLAN
Principal Planner Nick Melloni narrated a PowerPoint presentation and
responded to Commissioner inquiries.
Motion by: Commissioner Gregory
Seconded by: Commissioner DeLuna
Adopt Planning Commission Resolution No. 2867 entitled, “A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF PALM DESERT
CALIFORNIA, FINDING THAT THE PROPOSED CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEAR 2024-2025 AND EACH OF THE PROJECTS
INCORPORATED THEREIN, ARE CONSISTENT WITH THE PALM DESERT
GENERAL PLAN AND A FINDING THAT THE ACTION IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Motion Carried (5 to 0)
8. PUBLIC HEARINGS
8.a CONSIDERATION OF A PRECISE PLAN AND CONDITIONAL USE PERMIT
TO DEVELOP A 40-UNIT MULTIFAMILY DEVELOPMENT ON A SITE
LOCATED AT ASSESSOR’S PARCEL NUMBER 622-370-014 AND FINDING
THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).
Commissioner DeLuna announced her recusal due to a business conflict and left
the meeting room.
Commissioner Greenwood announced his recusal due to the project's proximity
to his residence and left the meeting room.
Principal Planner Melloni narrated a PowerPoint presentation and responded to
Commissioner inquiries.
Chair Pradetto opened the public hearing.
Jeff Ryan, applicant, provided information regarding the proposed setbacks and
intended use of the development and urged the Commission to consider the
value of the services to be provided at the location, including its proximity to
Desert ARC.
Josie Gonzales, Palm Desert resident, expressed concerns regarding the height
of the development and impact on the privacy of surrounding properties.
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Richard Cruz, Palm Desert resident, expressed support for the project provided
the development is gated and not open to the general public.
Laurel Miller, Palm Desert resident, expressed concerns regarding the impact to
the property and resale values of surrounding properties.
Jeff Ryan, applicant, confirmed the security gate will remain in place and access
to surrounding neighborhoods will be limited to emergency access only.
In response to Commissioner inquiries, the applicant provided comments
regarding the potential for modifications to the windows used on units located on
the southern portion of the property to mitigate line-of-sight concerns.
Chair Pradetto closed the public hearing with no others requesting to speak.
Motion by: Commissioner Gregory
Seconded by: Commissioner Holt
Adopt Planning Commission Resolution No. 2868 entitled, “A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF PALM DESERT
CALIFORNIA, APPROVING A PRECISE PLAN AND CONDITIONAL USE
PERMIT TO DEVELOP A 40-UNIT MULTIFAMILY APARTMENT
DEVELOPMENT ON A SITE LOCATED AT ASSESSOR’S PARCEL NUMBER
622-370-014, AND FINDING THAT THE PROJECT IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. CASE NOs. PP24-0001 /
CUP24-0003," inclusive of the modification to Condition of Approval No. 60
removing the requirement of Covenants, Conditions, & Restrictions (CC&Rs) and
mandating the maintenance of site improvements located on the adjacent Desert
ARC project; modifications to the landscaping plan to eliminate the use of purple
Dodonaea Viscosa and Bauhinia x Blakeana; and modifications to the window
treatments of the elevated units on the southern portion of the site plan.
RECUSED (2): Commissioner DeLuna, and Commissioner Greenwood
Motion Carried (3 to 0)
Chair Pradetto left the meeting at 6:58 p.m.
The Commission recessed at 6:58 p.m. and reconvened at 7:03 p.m. with four (4)
members present.
8.b APPROVE A PRECISE PLAN FOR THE ARCHITECTURE AND
LANDSCAPING FOR A 332 SINGLE FAMILY HOME RESIDENTIAL
DEVELOPMENT ON THE SOUTH SIDE OF GERALD FORD AND WEST OF
PORTOLA ROAD WITHIN THE REFUGE SPECIFIC PLAN
Principal Planner Carlos Flores narrated a PowerPoint presentation and
responded to Commissioner inquiries.
Vice Chair Gregory opened the public hearing.
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David Dwilde, Pulte Homes, provided a brief introduction and offered to respond
to Commission inquiries.
Linda Candler, Palm Desert resident, inquired about the change in zoning of the
subject property and voiced concerns regarding the reduction of the buffer
requirement on the east and south boundaries of the subject property and the
proposed elevation.
Eglert Gutierrez, Palm Desert resident, voiced concerns regarding drainage and
line of sight.
James Sutherland, Palm Desert resident, voiced concerns regarding sand
mitigation and inquired regarding the possibility of construction vehicles using
Vitalia Way.
Stephen Smoke, Palm Desert resident inquired as to whether the development
would be limited to the 55+ community.
Vice Chair Gregory closed the public hearing there being no others requesting to
speak.
Principal Planner Melloni and applicant David Dewilde responded to
Commissioner inquiries regarding construction, drainage, age restrictions and
changes to zoning and density.
Motion by: Commissioner Greenwood
Seconded by: Commissioner Holt
Adopt Planning Commission Resolution No. 2869 entitled, “A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A PRECISE
PLAN TO APPROVE ARCHITECTURE AND LANDSCAPING FOR A 332
SINGLE FAMIY HOME RESIDENTIAL DEVELOPMENT ON THE SOUTH SIDE
OF GERALD FORD DRIVE AND WEST OF PORTOLA ROAD WITHIN THE
EXISTING REFUGE SPECIFIC PLAN AREA (ASSESSOR’S PARCEL NUMBER
694-310-011 AND 694-310-003)
Motion Carried (4 to 0)
8.c CONSIDER REVOCATION OF CONDITIONAL USE PERMIT 2017-0033 FOR
THE OPERATION OF A CANNABIS BUSINESS AT 73818 DINAH SHORE
DRIVE
Principal Planner Flores narrated a PowerPoint presentation and responded to
Commissioner inquiries.
Vice Chair Gregory opened the public hearing.
Erik Wilson, applicant representative, provided information regarding the
company's background, and comments regarding the content of the staff report
with respect to unpaid taxes, expired licenses, and applications for state licenses
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that are pending complete rebuild; urged the Commission not to penalize the
company and instead work with the applicant in its attempts to comply with
requirements.
LR Sanders, owner representative, provided comments regarding the condition
of the building and the financial impact a revocation would have on the owner.
Sam Spinello, Palm Desert property owner, spoke in favor of the revocation and
stated concerns regarding risk of fire, financial impacts on surrounding
businesses, and the applicant’s reluctance to communicate with neighboring
businesses.
Vice Chair Gregory closed the public hearing, there being no others desiring to
speak.
During the course of deliberations, Staff responded to Commission inquiries
concerning the nature of the fire on the subject property and potential for
modifications to the regulatory permit in lieu of complete revocation.
Motion by: Commissioner Greenwood
Seconded by: Commissioner Holt
To continue this item to a date uncertain.
NOES (1): Commissioner DeLuna
Motion Carried (3 to 1)
9. INFORMATIONAL REPORTS & COMMENTS
9.a SUMMARY OF CITY COUNCIL ACTIONS
Director of Development Services Richard Cannone reported that the City
Council recently adopted a resolution denying a right-of-way vacation and denied
an appeal of staff's determination that a living room may not be used as a
bedroom in a short-term rental unit.
9.b COMMITTEE MEETING UPDATES
9.b.1 Cultural Arts Committee
None.
9.b.2 Parks and Recreation Committee
None.
9.c PLANNING COMMISSIONERS
The Commission requested that staff investigate the possibility of providing
digital devices for the purpose of reviewing agenda materials during Planning
Commission meetings in an effort to be environmentally conscious and reduce
unnecessary applicant fees.
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9.d CITY STAFF
Principal Planner Melloni provided an update on the General Plan Circulation
Element study session staff conducted with the City Council. Per City Council
direction, staff will coordinate with Sunline Transit Agency on these updates.
9.e ATTENDANCE REPORT
A report was provided with the agenda materials; no action was taken on this item.
10. ADJOURNMENT
The Planning Commission adjourned at 8:43 p.m.
11. PUBLIC NOTICES
_________________________
Monique Lomeli, Senior Deputy Clerk
Recording Secretary
_________________________
Richard Cannone, Director of Development Services
Staff Liaison
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Page 1 of 8
CITY OF PALM DESERT
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: June 4, 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”
ANALYSIS:
On May 7, 2024, the Planning Commission held a duly noticed public hearing to consider the
adoption of the subject CEQA Negative Declaration/Mitigated Negative Declaration (IS/MND)
for the Haystack Channel Improvement Project. While the responsibility for approval of this
capital improvement project lies with the City Council, the responsibility for CEQA review lies
with the Planning Commission.
Staff provided a thorough review of the project and facilitated a discussion of the CEQA analysis
and the need for regulatory permits with the Commission. No specific issues were identified
regarding the project with the exception of its potenti al impact on the interesting and diverse
habitat that has grown within the channel right of way.
Commissioners expressed concern for the post -construction aesthetic appearance of the
eastern reach channel and adjoining Haystack Road parkway. Concerns were expressed about
the loss of the existing smoke trees, palo verde and other vegetation that has grown in the now
meandering channel bottom. As noted, the lack of side slope protection has allowed the shifting
channel to cut into the left and right banks along this segment east of Heliotrope Drive.
The segment of concern extends from Heliotrope Road on the west to Portola Avenue on the
east. The segment lies within a narrow band of land averaging 118± feet in width that lies
between Haystack Road and its north parkway, and lands of the Marrakesh Country Club
development. Plans and photos of the subject channel segment were reviewed and discussed.
Questions were raised regarding the possibility of protecting at least some of the existing channel
vegetation.
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City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 2 of 8
Design and Construction Constraints
The design of the proposed channel improvements will restore the channel profile and cross-
section to its original geometry. The primary improvements along this segment include the
installation of ungrouted riprap to be comprised of boulders 24± inches in diameter laid along
the restored channel sides at a slope of 2 to 1. The riprap lining will extend 8 feet below the soft
channel bottom and will terminate at the top of the channel slope (see diagram shown in Figure
1 below). Prior to this step, extensive grading and replacement of channel soils will restore
(backfill) the Haystack Road parkway to its original width. The 20 -foot channel service road will
also be restored along the length of the north channel right -of-way leaving an average of 7 feet
between the service road and the Marrakesh property line (see Figure 1 below). Project
construction, including channel reshaping and installation of the 8 -foot riprap-lined toe-down
(below grade), temporary soil stockpiling and staging, movement, and use of construction
equipment will effectively remove all existing vegetation from within and adjacent to the channel.
Figure 1 – Portion of Channel Cross Section typical condition along north edge
In addition to the major redistribution of channel soils, the channel itself will be reshaped to its
original trapezoidal cross-section. The ungrouted riprap areas will be underlain by a 12-inch
geofabric/filter liner, that protects soils beneath the riprap from scouring and the lining being
undermined by drainage flows. Compromising the riprap and liner would create serious
vulnerabilities for the riprap lining. Therefore, an attempt to install tree wells or other structures
or vegetation within the riprap would compromise the channel lining.
Revegetation
All of the existing plants in the subject channel segment are “volunteers” from seeds blown (or
washed) into the channel. If left undisturbed once construction is complete, the channel would
naturally re-vegetate in a manner similar to how this has occurred over the past few years.
Beyond the channel improvements, there will be opportunities to enhance existing vegetation
within the Haystack Road right of way and within a portion of the southerly channel right of way
outside of the channel proper. This would create a widened parkway landscape area, which
could be continued north to within about five feet of the top of the channel, according to project
engineers.
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City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 3 of 8
Regulatory Permits
In addition to the City’s CEQA review and project approval, the entire channel cross-section, to
the top of both side slopes, qualify as “waters of the State” and are subject to Section 1602 of
the California Fish and Game Code. Therefore, before any work can proceed in the channel, the
City must secure a Section 1602 Streambed Alteration Agreement (permit), which typically
includes a variety of terms and conditions and requirements for mitigation of project impacts. For
comparable projects, the California Department of Fish and Wildlife (CDFW ) typically requires
replacement habitat at a 3 to 1 ratio.
Depending on the project, CDFW may allow the restoration of on -site habitat to serve as
mitigation for project impacts but again at multiples of the area impacted. Current calculations of
temporary and permanent impacts have not yet been reviewed by CDFW. Neither has any
approach to on-site mitigation been discussed with CDFW. Alternatively, off -site mitigation is
acceptable but is difficult, complex, and very costly; it is uncertain if off -site mitigation lands can
be identified, which starts a long and complex process. At this juncture, it is recommended that
on-site mitigation be offered as the most viable means of securing a permit from CDFW.
Project Landscape Planning
Outside the channel project area and adjacent to the Haystack Road parkway, the City should
be free to design and install landscape materials without concern, assuming said vegetation is
in conformance with guidance from the Coachella Valley M ultiple Species Habitat Conservation
Plan (MSHCP). It is expected that the landscaping of the restored parkway will be accomplished
as a matter of course once the channel improvements are completed. If parkway landscape
planning can be combined with an in-channel mitigation plan, it would help leverage success in
gaining CDFW support for channel impact mitigation.
Therefore, knowing and understanding the Commission’s concerns, staff recommends that
Commission concerns be duly noted; these concerns be used to help shape landscape
enhancements of the project, and that the Commission adopt the Mitigated Negative Declaration
prepared for this project.
BACKGROUND:
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 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 combin ation 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 :
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City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 4 of 8
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 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 Ro ad, 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 with 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,
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City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 5 of 8
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.
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 (CDFW). 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/MND. 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.
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City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 6 of 8
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 t he 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
(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 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
18
City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 7 of 8
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
Next Steps
No comments were received that would necessitate recirculation of the environ mental 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 June 4, 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, May 24, 2024, in The Desert Sun newspaper.
Notices were mailed to all property owners within 1,000 feet of the Project site. Staff has received
19
City of Palm Desert – Planning Commission
Haystack Channel Improvement Project IS/MND
Page 8 of 8
some comments inquiring about the nature of the proposal but has not received comments which
are in favor or against the project as of May 30, 2024.
Environment Review:
The environmental review is summarized in the attached Draft Resolution.
ATTACHMENTS:
1. Draft Resolution 2864
2. Public Hearing Notice
3. IS/MND Notice of Intent
4. Comment Letters
5. Project Plans for Reference Only
20
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
21
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 recommended for continuance by the Planning
Commission; and
WHEREAS, on June 4th, 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, re viewed
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:
22
PLANNING COMMISSION RESOLUTION NO. 2864
3
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
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.
23
PLANNING COMMISSION RESOLUTION NO. 2864
4
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
State Clearinghouse within five (5) working days of the Planning Commission’s final Project
approval.
ADOPTED ON June 4, 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
June 4, 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 June ___, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
24
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
25
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
26
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;
27
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 i nclude, 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.
28
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.
29
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.
30
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
31
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.
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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
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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
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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.
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36
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38
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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.
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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
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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.
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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
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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 --
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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.
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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.
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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.
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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.”
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• 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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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).
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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
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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.
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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).
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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)).
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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.
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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).
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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.
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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
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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.
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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
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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
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-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.
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CEQA-Plus IS/Mitigated Negative Declaration
A
Appendix A
CalEEMOD Air Quality and GHG Modeling
(Available on City website)
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B
Appendix B
Biological Resources Assessment Report
(Available on City website)
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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.”
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F
Appendix D
Technical Memorandum and Channel Improvement Plans
(Available on City website)
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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, June 4, 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
May 24, 2024 PALM DESERT PLANNING COMMISSION
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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.
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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
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138
PROJECT
LOCATION
Haystack Road
Calliandra Street
Alamo DriveHighway 74Heliotrope DriveMoon LanePortola Avenue139
ALAMO DRCALLIANDRA ST
HAYSTACK RD
CALLIANDRA ST
HAYSTACK RD
CONSTRUCTION NOTES
N
HYDROLOGY DATAMATCH LINESEE BELOWSTA 57+50MATCH LINESEE ABOVESTA 57+50MATCH LINESEE SHEET 3STA 52+50140
CALLIANDRA ST
HAYSTACK RD
CALLIANDRA ST
HAYSTACK RDMATCH LINESEE SHEET 2STA 52+50CONSTRUCTION NOTES
N
HYDROLOGY DATAMATCH LINESEE BELOWSTA 47+50MATCH LINESEE ABOVESTA 47+50MATCH LINESEE SHEET 4STA 42+50141
CALLIANDRA ST
HAYSTACK RD HELIOTROPE DRMATCH LINESEE SHEET 5STA 36+50MATCH LINESEE SHEET 3STA 42+50N
CONSTRUCTION NOTES
HYDROLOGY DATA
DETAIL "A"
NTS
DETAIL "B"
NTS
142
CONSTRUCTION NOTES
N
HYDROLOGY DATA
MATCH LINESEE PAGE 4STA 36+50MATCH LINESEE SHEET 6STA 31+00HAYSTACK RD
DETAIL "C"
NTSMATCH LINESEE SHEET 6STA 31+00143
CONSTRUCTION NOTES
HYDROLOGY DATAMATCH LINESEE SHEET 5STA 31+00HAYSTACK RD MATCH LINESEE SHEET 7STA 25+50NMATCH LINESEE SHEET 7STA 25+50MATCH LINESEE SHEET 5STA 31+00144
HAYSTACK RD
CONSTRUCTION NOTES
HYDROLOGY DATA
NMATCH LINESEE SHEET 6STA 25+50MATCH LINESEE SHEET 8STA 20+50MATCH LINESEE SHEET 8STA 20+50MATCH LINESEE SHEET 6STA 25+50145
HAYSTACK RD
CONSTRUCTION NOTES
HYDROLOGY DATA
NMATCH LINESEE SHEET 7STA 20+50MATCH LINESEE SHEET 9STA 15+00MATCH LINESEE SHEET 9STA 15+00MATCH LINESEE SHEET 7STA 20+50146
CONSTRUCTION NOTES
HYDROLOGY DATA
NMATCH LINESEE SHEET 8STA 15+00MATCH LINESEE SHEET 10STA 12+50MATCH LINESEE SHEET 10STA 12+50MATCH LINESEE SHEET 8STA 15+00147
PORTOLA AVECONSTRUCTION NOTES
HYDROLOGY DATA
NMATCH LINESEE PAGE 9STA 12+50MATCH LINESEE PAGE 9STA 12+50148
TYPICAL CROSS SECTION B-B
STATION 32+50-30+10
N.T.S.
TYPICAL CROSS SECTION C-C
STATION 29+90-21+10
N.T.S.
TYPICAL CROSS SECTION D-D
STATION 20+90-13+81
N.T.S.
TYPICAL CROSS SECTION E-E
STATION 13+73-13+17
N.T.S.
TYPICAL CROSS SECTION F-F
STATION 12+24-11+60
N.T.S.
TYPICAL CROSS SECTION A-A
STATION 36+04-32+60
N.T.S.
TYPICAL CROSS SECTION D-D
(CURVED REACH)
STATION 14+74-14+33 ONLY
N.T.S.
TYPICAL CROSS SECTION G-G
STATION 11+02-10+00
N.T.S.
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DETAIL 1
JUNCTION STRUCTURE DETAIL
STA 11+79
NTS
DETAIL 2
JUNCTION STRUCTURE DETAIL
STA 27+73
NTS
DETAIL 3
JUNCTION STRUCTURE DETAIL
STA 30+42
NTS
CROSS SECTION 1
STA 35+43 TO 34+88
SEE SHEET 5
NTS
LA COUNTY DESIGN MANUAL
TYPICAL ROCK RIP-RAP LEVEE SECTION
CURVED REACH
NTS
LA COUNTY DESIGN MANUAL
TYPICAL ROCK RIP-RAP LEVEE SECTION
STRAIGHT REACH
NTS
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Haystack Channel Improvement
Project –Initial Study / Draft
Mitigated Negative Declaration
PALM DESERT PLANNING COMMISSION
JUNE 4, 2024
6/4/2024 AGENDA ITEM 8.A 1
161
Overview
Consideration to adopt the Initial Study (IS), Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program (MMRP) for the Haystack Channel
Improvement Project
Haystack Channel Improvement Project is a City Capital Improvement aiming to repair the
functionality of the existing Haystack drainage conveyance generally located on the north
side of Haystack Road between Highway 74 and Portola Avenue
The project involves installation of new infiltration facilities in the channel west of Heliotrope Drive
East of Heliotrope the project involves reshaping the channel and installing slope lining with ungrouted
riprap while maintaining a “soft”, sandy channel bottom.
City Council previously (2022/2023) authorized funding for the Haystack Channel Project
as a part of the Capital Improvement Program (CIP)
Carry over budget
6/4/2024 AGENDA ITEM 8.A 2
162
Overview –Continued
On May 7, 2024, the Planning Commission considered the item and continued the
item due to concerns over the potential aesthetic appearance of the channel east of
Heliotrope Drive.
Requested staff re-evaluate the potential for landscape
Capital Improvements Department proposes updated program:
Apply coating to rip-rap to provide updated aesthetic for tan appearance
Backfill spaces between rip-rap spaces with dirt
Hydroseed slopes with native vegetation mix
Develop final landscaping based on California Fish and Wildlife requirements for
restoration
6/4/2024 AGENDA ITEM 8.A 3
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6/4/2024 AGENDA ITEM 8.A 4
164
6/4/2024 AGENDA ITEM 8.A 5
165
6/4/2024 AGENDA ITEM 8.A 6
166
6/4/2024 AGENDA ITEM 8.A 7
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6/4/2024 AGENDA ITEM 8.A 8
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6/4/2024 AGENDA ITEM 8.A 9
169
Background
Channel originally developed in the mid-1970s based on reports and accounts from
residents
Response to documented storm event in south Desert which caused major damage
City installed updated landscape along the sidewalk on north side of Haystack in 1980s
Critical part of the City’s master drainage plan for adopted in 1993
6/4/2024 AGENDA ITEM 8.A 10
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6/4/2024 AGENDA ITEM 8.A 11
171
Background -Continued
On April 28, 2022 –City Council awarded contract for the design of the haystack
improvements for maintenance and restore function of the channel
Concerns raised by surrounding residents over:
Earthen wall has been eroded by storms
Dead vegetation in channel
Debris threatens to block under-crossing at Portola
6/4/2024 AGENDA ITEM 8.A 12
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6/4/2024 AGENDA ITEM 8.A 13
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6/4/2024 AGENDA ITEM 8.A 14
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6/4/2024 AGENDA ITEM 8.A 15
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Public Notice
Public noticing was conducted for the June 4,2024,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 a minimum of 10 days before the hearing date on Friday,May 24,
2024,in The Desert Sun newspaper
Comments concerned over the design of the eastern reach of the channel (East of Heliotrope)
6/4/2024 AGENDA ITEM 8.A 16
176
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”
6/4/2024 AGENDA ITEM 8.A 17
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Níamh Ortega
From:Ellie Weiner
Sent:Tuesday, June 4, 2024 11:48 AM
To:Planning Commission
Subject:Re: Haystack Channel Project
To whom it may concern:
I am not able to attend tonight's meeting either in person or on zoom. The park-like area East of the Haystack/Heliotrope
should not be modified above ground. This is not an area or place for service roads. We have lived here 25 years and enjoyed
this park-like side east of heliotrope, We enjoy many dog walkers and joggers and cyclist in this area,
Sincerely
Ellen L Weiner
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1
Níamh Ortega
From:Liza Baldwin
Sent:Tuesday, June 4, 2024 8:45 AM
To:CouncilMeeting Comments
Subject:Re: Haystack Channel Improvement Project resident comment
Yes please. Thanks for letting me know!
Liza Baldwin
On Tue, Jun 4, 2024 at 4:43 PM CouncilMeeting Comments <CouncilMeetingComments@palmdesert.gov> wrote:
Good morning Ms. Baldwin,
This item is scheduled to be heard before the Planning Commission at 6:00 p.m. this evening. It is not scheduled
for a City Council meeting at this time. Would you like your comment to be relayed to the Planning Commission
instead?
From: Liza Baldwin
Sent: Tuesday, June 4, 2024 8:00 AM
To: CouncilMeeting Comments <CouncilMeetingComments@palmdesert.gov>
Subject: Haystack Channel Improvement Project resident comment
Hello,
I understand that the matter of the improvements to the Haystack channel will be discussed at the council meeting.
My husband and I have lived in the Canyon Cove neighborhood for 32 years. Almost every day, I walk down Haystack Road
toward Portola Ave. Each day as I walk, I take note of the animals, birds, and reptiles along the way, as well as the change of
seasons as evidenced by the trees, shrubs, and the ephemeral wildflowers.
Over the years I have seen the damage that the major storms have done, especially to the area on the east side of Heliotrope
Dr, just under the bridge. But in all my years of living in that area I've never seen a storm that the channel couldn't handle,
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except for one time the water actually ran over Portola for a couple of hours - that was pretty exciting. I don't have a problem
with the city coming up with some sort of solution to the erosion, just in the area directly adjacent to Heliotrope Dr.
I've studied the proposal, I'm upset about the scope of the work, and I fear that the peaceful habitat of that area will be
forever changed.
I have my doubts that the existing trees will be spared whenever possible. And when the trees and shrubs are torn out and
allowed to return naturally - as in, they have to begin again from seed, will the area return to a beautiful natural place to walk
in my lifetime? Not a chance.
The north side access road is completely unnecessary; that area has never been used as an access road. Creating a
driveway to it from Heliotrope will cause more grass and trees to be removed, marring the entrance to our lovely
neighborhood. It could create a nuisance with golf carts and other vehicles using it.
I appreciate your consideration of my comments.
Best regards,
Liza Baldwin
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Page 1 of 4
CITY OF PALM DESERT
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: June 4, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE PALM DESERT CITY
COUNCIL FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO
SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND
FINDING THE ACTION EXEMPT PER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
RECOMMENDATION:
Adopt Planning Commission Resolution No. 2871 entitled: “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA
RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO AMEND
SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF P ALM
DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION IS
EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”
EXECUTIVE SUMMARY:
Adoption of Planning Commission Resolution No. 2871 will approve a recommendation of approval
to the Palm Desert City Council for a Zoning Ordinance Amendment for Title 25 (“Zoning Ordinance”)
of the Palm Desert Municipal Code (“PDMC”). The proposed changes will affect six (6) ordinance
sections and are intended to improve clarity, and correct previous omissions, and inconsistencies
within the Zoning Ordinance. These changes include modifications to the following municipal code
sections:
PDMC Section 25.16.030 Allowed Land Uses and Permit Requirements – modifies Table
25.16-1 to list indoor and outdoor automotive sales as separate land uses and modifications
related to Cannabis Land Use prohibitions.
PDMC Section 25.18.040 Land Use and Permit Requirements – modifies Table 25.18-1 to
modify the reference to Cannabis retail uses and explicitly prohibit Cannabis testing
laboratories.
PDMC Section 25.28.070 Freeway Commercial Overlay Zone – adds Outdoor Automotive
Sales as an allowable land use within the overlay zone with the approval of a Conditional Use
Permit (CUP) by Planning Commission and Indoor Automotive Sales as an allowable use
with approval of an Administrative Use Permit (AUP) to correct a previous action by the City
which inadvertently removed it.
PDMC Section 25.34.120 Commercial Cannabis Business and Personal Cultivation –
updates the special use provisions for commercial cannabis businesses to prohibit cannabis
testing or research laboratories, commercial cultivation businesses, distribution businesses
(except as an accessory use) and manufacturing businesses consistent with direction
183
City of Palm Desert – Planning Commission
Case Nos. ZOA24-0002 – Title 25 Zoning Ordinance Amendments
Page 2 of 4
received from the City Council at their regular meeting of January 11, 2024. These changes
will also add a definition for “Microbusinesses” and modify other definitions.
PDMC Section 25.68.020 Design Review Required – corrects a typo in the headings to clarify
the original intent of Ordinance 1383 as it relates to Architectural Review Commission
approval of two-story single-family homes.
PDMC Section 25.99.020 Land Use Definitions – removes the definition of automotive sales
to establish a new definition of indoor and outdoor automotive sales.
BACKGROUND/ANALYSIS:
In January 2024, the City Council gave staff direction to amend the commercial cannabis use
provisions to prohibit certain cannabis testing or research laboratories, cultivation, distribution, and
manufacturing.
In April 2024, the Director of Development Services, upon the authority established under PDMC
25.02.040(B) initiated an amendment of Title 25 to improve and cl arify the contents of the title. The
proposed modifications to the Palm Desert Zoning Ordinance consist of amendments to update
allowable land uses, revise errors, and add clarity to certain land use definitions.
On May 7, 2024, the Planning Commission continued the item to a date certain at the request of City
staff to allow staff to present the item to City Council for feedback. It should be noted, that staff added
new sections to the original request, and as such a new public hearing notice was issued for the
item.
On May 23, 2024, Planning staff presented these proposed modifications to the Palm Desert City
Council for feedback. The Council understood the changes and agreed that these were necessary.
The Council provided feedback to staff that non-storefront cannabis retail operations should also be
prohibited in the City.
Section 25.16.030 Allowed Land Uses and Permit Requirements
The proposed amendments will modify Table 25.16-1: Use Matrix for Commercial and Industrial
Districts to create two separate land use categories for indoor and outdoor automotive sales to be
consistent with other proposed modifications. This will also update the table to identify prohibited
Cannabis Land uses.
PDMC Section 25.18.040 Land Use and Permit Requirements
The proposed changes will amend the land use table for consistency with changes to Section
25.34.120 by changing “Cannabis retail” to “Cannabis Storefront retail”, and making Cannabis
laboratories a prohibited land use.
Section 25.28.070 Freeway Commercial Overlay District
The proposed amendments to this section will add Automotive Sales as an allowable use within the
Freeway Commercial Overlay Zone (FCOZ) which was inadvertently removed in a prior ordinance
amendment. In January 2016 the City Council adopted Ordinance No. 1302 and subsequently,
Ordinance No. 1303 which amended the overlay zone to allow automotive sales as a use allowable
by Conditional Use Permit (CUP). In November 2016, the City Council adopted Ordinance No. 1324
which amended the zoning ordinance by, among other changes, removing automotive sales as an
allowable land use in the overlay zone; there was no discussion as to the reason for this change. To
remain consistent with existing zoning allowances, indoor automotive sales will be allowed with the
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Case Nos. ZOA24-0002 – Title 25 Zoning Ordinance Amendments
Page 3 of 4
approval of an Administrative Use Permit (AUP) by the Zoning Administrator, and outdoor automotive
uses will be allowed with a Conditional Use Permit (CUP) by the Planning Commission. Allowing
automotive sales within the FCOZ is consistent with General Plan Land Use Policy 2.10 as it allows
uses that are auto oriented in an area that is clearly auto-oriented due to the proximity of areas with
this overlay designation to the Interstate 10 freeway.
Section 25.34.120 Commercial Cannabis Business and Personal Cultivation
Consistent with City Council direction given on January 11, 2024, PDMC 25.34.120 will be amended
to:
A. Prohibit the following types of cannabis businesses:
Cannabis testing or research laboratories (no CUPs approved)
Commercial cultivation businesses (no CUPs approved)
Distribution businesses (no CUPs approved).
o Exception for “accessory” distribution associated with a licensed retail business for
on-site sales only through a CUP.
Royal Highness has a distribution license through a CUP amendment in
addition to the retail license, to package and relabel “cannabis flower” to buy
in bulk and package on-site, reducing costs.
Sales not limited to the Highway 111 location and would be “grandfathered.”
Manufacturing businesses (one CUP approved, pending action with the Planning
Commission to suspend, modify, or revoke said CUP).
Non-storefront retailers.
B. Define Microbusiness and allow one (1) conditionally permitted in the SI district.
Cannabis microbusiness means a business that engages in at least three (3) of the
following commercial cannabis activities:
1. Indoor cultivation of cannabis in an area less than 10,000 square feet on the same
licensed premises.
2. Distribution.
3. Manufacturing, limited to packaging and labeling.
4. Non-storefront retailer (delivery only). [NOTE: Cannabis retail is prohibited in SI]
West Coast Cannabis was approved as a microbusiness and has storefront retail and
Type 6 (non-volatile) manufacturing and would be “grandfathered.”
Definitions related to the prohibited cannabis land uses will be removed. Definitions will also be
amended for clarity. New land uses will be added for “Dried flower”, “Non-Storefront retailer”, and
“Microbusiness”
Section 25.68.020 Design Review Required
The proposed amendments will correct a typo in the headings to clarify the original intent of
Ordinance 1383 as it relates to Architectural Review Commission approval of two-story single-family
homes.
Section 25.99.020 Land Use Definitions
The land use definition for automotive sales will be modified to include updated definitions for indoor
and outdoor automotive sales for clarity.
Public Input:
185
City of Palm Desert – Planning Commission
Case Nos. ZOA24-0002 – Title 25 Zoning Ordinance Amendments
Page 4 of 4
Public Notification
Public noticing was conducted for the June 4, 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 a minimum of 10 days before the hearing date on Friday, May 24,
2024, in The Desert Sun newspaper.
The item was previously continued to the meeting of June 4, 2024, due to the addition of changes to
cannabis land uses, staff issued a new public hearing notice for the item.
Environmental Assessment/Environment Review:
Staff recommends that the Planning Commission of the City of Palm Desert finds that the adoption
of the ordinance amendments have been analyzed for compliance with the California Environmental
Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et seq.) (CEQA) and the state
CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). It has been determined that the
amendments do not meet the definition of a project because the amendments do not have the potential
to cause either a direct physical change or a reasonably foreseeable indirect physical change in the
environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the
quality of life for the community. Because the ordinance amendments are not a project under CEQA,
they are not subject to further environmental review.
Findings of Approval:
Findings can be made in support of the project under the City’s Municipal Code. Findings in support of
this project are contained in Planning Commission Resolution No. 2871, attached to this staff report.
ATTACHMENTS:
1. Draft Planning Commission Resolution No. 2871
2. Public Hearing Notice
186
PLANNING COMMISSION RESOLUTION NO. 2871
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND SECTIONS 25.16.030, 25.18.040,
25.28.070, 25.34.120, 25.68.020, AND 25.99.020 OF PALM DESERT
MUNICIPAL CODE TITLE 25 AND MAKING A FINDING THAT THE ACTION
IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO. ZOA 24-0002
WHEREAS, Government Code Section 65800 et seq. provides for the amendment
of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and
regulations; and
WHEREAS, the Zoning Ordinance Amendment (ZOA) is initiated by the Palm
Desert Director of Community Development and modifies sections of the Palm Desert
Municipal Code (PDMC) Title 25 (Zoning) to correct typos, to change and update land
uses and definitions; and
WHEREAS, the City has complied with the requirements of the Local Planning and
Zoning Law (Government Code section 65100 et seq.), and the City’s applicable
ordinances and resolutions with respect to approval of amendments to Title 25 of the
Palm Desert Municipal Code (“Zoning Ordinance”); 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 under Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore,
no further environmental review is necessary at this time; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on June 4, 2024, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of Zoning Ordinance Amendment (“ZOA”) 24-0002; 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
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PLANNING COMMISSION RESOLUTION NO. 2871
2
Commission did find the following facts and reasons, which are outlined in the staff report,
to exist to justify approval of said request:
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert, California (“City”) is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
1. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the PDMC amendments to Title 25 as shown in “Exhibit A”, which is attached hereto and
incorporated herewith.
SECTION 3. CEQA. The Planning Commission does recommend that the City Council
finds that adoption of this ordinance is not a “project,” as defined in the California
Environmental Quality Act (CEQA) because it does not have a potential for resulting in either
a direct physical change in the environment or a reasonably f oreseeable indirect physical
change in the environment and concerns general policy and procedure s.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any rea son held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective
of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 5. Project Recommendation. The Planning Commission hereby
recommends to the Palm Desert City Council approval of Case No. ZOA24-0001 as depicted
in Exhibit A, attached hereto; and
SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution, and the Secretary to the Commission shall attest and certify the
passage and adoption thereof.
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PLANNING COMMISSION RESOLUTION NO. 2871
3
ADOPTED ON June 4, 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. 2871 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
June 4, 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 June ____, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
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PLANNING COMMISSION RESOLUTION NO. 2871
4
“EXHIBIT A”
ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.16.030 is hereby amended as follows:
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses
and corresponding permit requirements for commercial and industrial districts and all
other provisions of this title. Descriptions/definitions of the land uses can be found in
Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies
the specific chapter or section where additional regulations for the specific use type are
located within this title.
Use regulations in the table are shown with representative symbols by use classification
listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval
of an administrative use permit, “C” symbolizes uses that require approval of a conditional
use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are
not permitted. However, the Commission may make a use determination as outlined in
Section 25.72.020 (Use Determinations).
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B /
25.42
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B /
25.42
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B /
25.42
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N A A A A N
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PLANNING COMMISSION RESOLUTION NO. 2871
5
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office Uses
Accessory massage establishment P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis Storefront retail N C C C C N 25.34.120
Cannabis testing and research laboratory C N N N N C 25.34.120
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P A
Hotel N A A A P N 25.34.070
Independent stand-alone massage N N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office, travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
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PLANNING COMMISSION RESOLUTION NO. 2871
6
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Restaurant A A A A P A 25.16.040.E / H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal hospitals A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used
(outdoor/indoor)
N N N N N C
(outdoor) A
(indoor)
Automotive sales new and used (indoor) N N N N N A
Automotive sales new and used (outdoor) N N N N N C
Automotive sales of accessory parts and
supplies
N N N P P N
Vehicle storage facility N N N N N P 25.16.040.I
Industrial, Manufacturing, and Processing
Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Cannabis Microbusiness N N N N N C 25.34.120
Industrial planned unit development N N N N N P
Light industrial and research and
development
N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor
accessories
N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses See Section 25.34.080
1 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic,
or other impacts.
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PLANNING COMMISSION RESOLUTION NO. 2871
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SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code section 25.18.040 is hereby amended as follows:
25.18.040 Land Use and Permit Requirements
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and
corresponding permit requirements for the downtown districts and all other provisions of
this title. Descriptions/definitions of the land uses can be found in
Chapter 25.99 (Definitions). The special use provisions column in the table identifies the
specific chapter or section where additional regulations for that use type are located within
this title.
Uses that are not listed are not permitted. However, the Commission may make a use
determination as outlined in Section 25.72.020 (Use Determinations).
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use Zone Special Use
Provisions D D-O DE DE-O
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C 1 C 1 C C 25.16.040.B
Dwelling, duplex C 1 C 1 C P 25.16.040.B
Dwelling, multifamily C 1 C 1 C P 25.16.040.B
Dwelling, single-family C 1 C 1 C N 25.16.040.B
Group home C 1 C 1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C 1 C 1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses
Club, private N N N C
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PLANNING COMMISSION RESOLUTION NO. 2871
8
Land Use Zone Special Use
Provisions D D-O DE DE-O
Day care center C 1 C 1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, ≤ 4 P 1 P 1 P N
Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Animal Clinic C1,6 C1,6 C1,6 N 25.34.210
Art gallery P P P A
Art studio P 1 P 1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis Storefront retail C N C N 25.34.120
Cannabis testing and research laboratory C N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitors bureau P 1 P 1 C N
Drugstore P 1 P 1 N N
Financial institution P 1 P 1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques (including small
antiques) P P P N
Grocery store < 35,000 SF C 1 C 1 N N
Health club, gyms or studios C 1 ,
2
C 1 ,
2 C 2 N
Hotel C C C C
Independent stand-alone massage establishments P 1 P 1 C N 25.34.160
Jewelry shops P P P N
Liquor store P 1 P 1 N N
Liquor, beverage and food items shop P 1 P 1 N N
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PLANNING COMMISSION RESOLUTION NO. 2871
9
Land Use Zone Special Use
Provisions D D-O DE DE-O
Luggage shops P P P N
Medical, clinic P 1 P 1 P N
Medical, office P 1 P 1 P A5
Medical, hospital P 1 P 1 C C
Medical, laboratory N N P N
Mortuary C 1 C 1 N N
Office, professional P 3 P 3 P P3 25.28.040.C
Office, local government P 1 P 1 P N
Office, neighborhood government N N N C
Office, travel agency P 3 P 3 P N 25.10.040.K
Outdoor sales A 1 A 1 A N
Personal services P P P N
Restaurant C 2 C 2 C 1 N 25.16.040.H
Retail P P P N
Retail, bulky items P 1 P 1 C N
Retail, Golf carts and neighborhood electric vehicles
(NEV) C N C N 25.34.190
Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C 1 C 1 N N
Utility, Transportation, Public Facility, and
Communication Uses
Fire station C C C C
Commercial communication tower
C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Uses prohibited along El Paseo facing ground floor frontages.
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PLANNING COMMISSION RESOLUTION NO. 2871
10
2 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on parking, traffic,
or other impacts.
3 Office professional uses along El Paseo facing ground floor frontages within the El
Paseo Overlay District may be allowed subject to a Conditional Use Permit per
Section 25.28.040 El Paseo Overlay District.
4 Home Occupation Uses are permitted in residential dwelling units in approved
residential and mixed-use developments.
5. Medical Offices existing and operating with an appropriate City business license prior
to 2023 are permitted by right to continue operating without requiring an Administrative
Use Permit.
6. Use only permitted on properties with frontage along Highway 111.
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.28.070 is hereby amended as follows:
25.28.070 Freeway Commercial Overlay Zone
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay
Zone (FCOZ) district is to provide optional standards and incentives for the development
of a variety of commercial uses. Whenever the FCOZ has been added to a base zone,
the owner/applicant may choose whether to use the optional FCOZ standards or the
standards of the base zone. In order to obtain approval of uses only permitted in the
FCOZ, the project must utilize FCOZ standards.
B. Conditional uses. Uses permitted by approved conditional use permit shall be as
follows:
1. Restaurants, general, including drive-through restaurants.
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations).
3. Convenience stores.
4. Car washes.
5. Combinations of 2 or more of the above uses.
6. Hotel.
7. Commercial recreation and amusement establishments.
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PLANNING COMMISSION RESOLUTION NO. 2871
11
8. Personal storage.
9. Outdoor recreational vehicle and boat storage.
10. Automotive Sales New and Used (Outdoor). Automotive Sales New and Used
(Indoor) may be permitted by Administrative Use Permit in accordance with Chapter
25.64.
C. Development standards. Projects proposed under this chapter shall be master
planned and the master plan shall be approved by the Commission prior to any
construction activity. The master plan approval is subject to the following:
1. Development of individual projects within the approved master plan shall be
processed through the precise plan process.
2. Property to be master planned shall be at least 5 acres in size and shall have
frontage on a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they
are not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of
Section 25.34.090 (Automotive Service Stations).
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may reduce the
required parking where it is clearly demonstrated that a shared use will occur (i.e., a
restaurant which serves a hotel), or with a showing of good cause, the Commission may
increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile
service stations pursuant to Section 25.34.090 (Automotive Service Stations).
F. Landscaping. All master planned projects approved through the FCOZ process
shall provide a minimum of at least 30 percent landscaped open space, of which at least
half of the common usable public space can include a picnic area, a dog park, or a kids
land, as well as landscaped setback areas. With a showing of good cause, the
Commission may decrease the minimum landscaped open space requirement. (Ord.
1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 201 3)
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PLANNING COMMISSION RESOLUTION NO. 2871
12
SECTION 4: Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.34.120 is hereby amended as follows:
25.34.120. Commercial Cannabis Business and Personal Cultivation
A. Purpose and intent. It is the purpose and intent of this section to regulate the
commercial cultivation, manufacturing, testing and research, distribution, delivery, retail
sale and personal cultivation, of medicinal cannabis and non -medicinal adult-use
cannabis within the City of Palm Desert. This section is prepared in accordance with the
Compassionate Use Act of 1996 ("CUA"), the Medical Marijuana Program Act ("MMP"),
and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")
(collectively, "state law"), which give local jurisdictions the authority to establish land use
regulations related to the personal and commercial uses of cannabis. Nothing in this
chapter shall be construed to: (1) permit persons to engage in conduct that endangers
others or causes a public nuisance; (2) permit t he use or cultivation of cannabis beyond
the limits established in state law related to cannabis; or (3) permit any activity relating to
the cultivation, processing, sale, or distribution of cannabis that is illegal under state law,
generally. Nothing in this chapter shall be construed to prohibit primary caregivers and
qualified patients to lawfully act under state law.
B. Definitions. For the purpose of this chapter, the following definitions shall apply:
"Applicant" means an owner that applies for a conditional use permit under this chapter.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin.
"Cannabis" also means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination. For the purpose of this division, "cannabis" does not mean
"industrial hemp" as defined by Section 11018.5 of the California Health and Safety
Code.
"Cannabis products" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing cannabis or
concentrated cannabis and other ingredients.
"City" means the City of Palm Desert.
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PLANNING COMMISSION RESOLUTION NO. 2871
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"Commercial cannabis business" means any business which engages in the medicinal or
adult-use commercial cannabis activity defined and authorized by this Chapter.
commercial operation associated, in whole or in part, with the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing and research,
packaging, labeling, transportation, delivery or sale of cannabis and cannabis products .
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Daycare center" means any child day care facility other than a family day care home,
and includes infant centers, preschools, extended day care facilities, and school -age child
care centers.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned
and controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities permitted or licensed by the City and/or State of California.
“Dried flower” means all dead cannabis that has been harvested, dried, cured, or
otherwise processed, excluding leaves and stems.
"Licensee" means the holder of any state issued license related to Commercial Cannabis
Businesses, including, but not limited to, licenses issued under Division 10 of the
California Business and Professions Code.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"Manufacturer" means a permittee that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either directly or indirectly
or by extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis at a fixed location that packages or
repackages cannabis or cannabis products or labels or relabels its container.
"Owner" means any of the following:
(1) a person with an aggregate ownership interest of 20 percent or more in the
person applying for the permit, unless such interest is solely a security, lien, or
encumbrance;
(2) the chief executive officer of a nonprofit or other entity;
(3) a member of the board of directors of a nonprofit; or
(4) an individual who will be participating in the direction, control, or management
of the person applying for the permit.
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“Non-Storefront retailer” is a business that is closed to the public and provides cannabis
or cannabis product to customers solely by means of a delivery service which the retailer
owns and controls.
"Permittee" means any person granted a conditional use permit under this chapter.
"Person" means any individual, firm, partnership, joint venture, association, corporation,
limited liability company, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit, and the plural as well as the singular.
"Private residence" means a house, an apartment unit, mobile home, or other similar
dwelling unit.
“Microbusiness” means a business that engages in at least three (3) of the following
commercial cannabis activities:
1. Indoor cultivation of cannabis in an area less than 10,000 square feet on
the same licensed premises.
2. Distribution.
3. Manufacturing, limited to packaging and labeling of dried flower.
4. Non-storefront retailer (delivery only).
"Storefront Retail cannabis business" or "storefront retailer" or "Cannabis Storefront retail
” means a business that sells and/or delivers cannabis or cannabis products to customers.
Storefront retailers may also deliver cannabis or cannabis products to customers.
"Sell," sale," and "to sell" include any transaction whereby, for any consideration, title to
cannabis is transferred from one person to another, and includes the delivery of cannabis
or cannabis products pursuant to an order placed for the purchase of the same and
soliciting or receiving an order for the same, but does not include the return of cannabis
or cannabis products by a permittee or licensee to the permittee or licensee from whom
such cannabis or cannabis product was purchased.
"State license" means a state license issued under Division 10 of the California Business
and Professions Code.
"Testing or research laboratory" means a laboratory, facility, or entity in the City that offers
or performs tests or research of cannabis or cannabis products and meets the licensing
requirements found in MAUCRSA.
"Youth center" means any public or private facility that is primarily used to host
recreational or social activities for minors, including, but not limited to, private youth
membership organizations or clubs, social service teenage club facilities, video arcades,
or similar amusement park facilities.
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C. Conditional use permit required.
1. The City may authorize a total of six (6) conditional use permits for retail cannabis
businesses to operate in the City of Palm Desert. No more than one (1) retail
cannabis business may locate on El Paseo, which must be located east of
Larkspur Lane. If applications are submitted for a greater number of conditional
use permits than are permitted by this section, selection among the applicants shall
be made by a process, and subject to criteria, established by City Council
resolution. Conditional use permits for all other commercial cannabis businesses
shall be issued in accordance with the zoning and separation requirements
established in this section. Prior to initiating operations and as a continuing
requisite to operating a commercial cannabis business in the City, an applicant
must obtain and maintain a valid conditional use permit, regulatory permit as
required under Chapter 5.101, and a state license for each commercial cannabis
business use authorized under the conditional use permit. Unless otherwise stated
in this section, the provisions found in Section 25.72.050 Conditional Use Permit,
shall apply.
2. Building permits for improvements associated with a commercial cannabis
business may be issued once an applicant has obtained a conditional use permit
and regulatory permit; however, a certificate of occupancy to operate will not be
issued until said commercial cannabis business has obtained and provided proof
of a state license for each commercial cannabis business use authorized under
the conditional use permit.
3. Changes in state license type, business owner, or operation will require an
amendment to the approved conditional use permit.
4. A cannabis delivery service business with a physical address outside the City is
not required to obtain a conditional use permit under this chapter but is required to
obtain a City business license.
5. This section does not apply to cannabis possession or use, as allo wed by state
law. Regulations regarding personal use can be found in Chapter 8.38.
D. Permitted locations and standards.
1. Commercial cannabis businesses may operate in the City's commercial,
industrial, office, and downtown zoning districts as identified in
Section 25.16.030 "Allowed Land Uses and Permits Requirements" and
Section 25.18.040 "Land Use and Permit Requirements" of the Palm Desert
Municipal Code, with the exception of the City's Downtown Core Overlay
District, upon issuance of a conditional use permit, regulatory permit, and state
license.
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PLANNING COMMISSION RESOLUTION NO. 2871
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a. Storefront Retailers are conditionally permitted in the Planned Commercial
("PC") -1 District, PC-2 District, PC-3 District, PC-4 District, and
Downtown (D) District. No more than six (6) conditional use permits will be
issued for retail cannabis businesses. No more than three (3) retail cannabis
businesses may locate on any single street, and no more than one (1) retail
cannabis business may locate on El Paseo, which must be located east of
Larkspur Lane.
b. Testing or research laboratories are conditionally permitted in the Office
Professional (OP) district and Service Industrial (SI) district.
c. Commercial cultivation businesses are conditionally permitted in the SI
district.
d. Delivery-only businesses are conditionally permitted in the SI district.
e. b. Distribution businesses are conditionally permitted in the SI district in
conjunction with a storefront retailer and the distribution activities shall be
limited to the physical location that both uses occupy.
f. Manufacture businesses are conditionally permitted in the SI district.
c. Microbusinesses are conditionally permitted in the SI district and shall be
limited to one (1) conditional use permit.
2. Commercial cannabis businesses shall conform to the following separation
requirements:
a. No conditional use permit shall be issued to a cannabis storefront retailer
that is located within 1,500 feet of another approved commercial cannabis
business. No more than three (3) cannabis retailers will be permitted to operate
on a single street.
b. A commercial cannabis business whose main business function is cannabis
cultivation, distribution, manufacturing, transportation, or delivery, and whose
location is limited to the City'swithin the Service Industrial zoning district only,
shall be separated by 1,500 feet from another approved commercial cannabis
business.
c. A commercial cannabis business whose main business function is to
operate as a testing or research laboratory is not subject to a separation
requirement from another approved commercial cannabis business and is
exempt from the 1,500 foot separation requirement listed in subsection
(D)(2)(a) and (b).
d. c. No conditional use permit will be issued for commercial cannabis business
located within 1,000 feet of a school providing instruction in kindergarten or
any grades 1 through 12, daycare center, or youth center that is in existence
at the time the license is issued.
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PLANNING COMMISSION RESOLUTION NO. 2871
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e. With the exception of commercial cannabis businesses whose business is
located within a mixed-use building or whose primary business function is as
a testing or research laboratory, no conditional use permits shall be issued for
commercial and industrial properties abutting public parks or private
residence.
f. d. All separation requirements will be measured from the outer extents of the
commercial cannabis businesses lease space to the outer extents of another
commercial cannabis businesses lease space, or to the property line of a
school, daycare center and youth center.
3. Conditional use permit submittal requirements. In addition to the requirements
listed in the conditional use permit, all commercial cannabis business
applicants shall submit the following information:
a. Exterior façade. Renderings of the business façade shall be provided
and reviewed as part of the conditional use permit. Building façade plans
shall include renderings of the exterior building elevations for all sides of
the building. All building façades shall be tastefully done and in keeping
with the high architectural quality and standards of the City of Palm
Desert. Because state law limits certain advertising, the business façade
and building signs shall be compatible and complimentary to surrounding
businesses and shall add visual quality to the area.
b. Energy and water assessments. Commercial cannabis
Microbusinesses shall supply energy and water assessments for review
as part of the conditional use permit process. These assessments shall
estimate the total amount of annual electrical and water use required to
operate the commercial cannabis business. Review of the assessment
may require the applicant to supplement electrical and water use at the
site to minimize adverse environmental impacts.
E. Grounds for permit denial, suspension, and revocation. Any conditional use permit
issued pursuant to the provisions of this section may be denied, suspended, or revoked
by the Planning Commission upon receiving satisfactory evidence that the applicant or
permittee or owner, its agent(s), employee(s), or any person connected or associated
with the applicant or permittee:
1. Has knowingly made false statements in the applicant's application or in any
reports or other supporting documents furnished by the applicant;
2. Has failed to maintain a valid state license;
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PLANNING COMMISSION RESOLUTION NO. 2871
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3. Has failed to comply with any applicable provision of the Palm Desert
Municipal Code, including, but not limited to, this chapter, the City's building,
zoning, and health and public safety regulations;
4. Has failed to comply with any condition imposed on the conditional use
permit; or
5. Has allowed the existence of or created a public nuisance in violation of the
Palm Desert Municipal Code.
6. No conditional use permit will be issued where commercial cannabis
businesses are prohibited by covenants, conditions, and restrictions (CC&Rs)
that clearly prohibit such use. For buildings located in any area governed by
CC&Rs, the applicant must additionally submit a statement certifying that any
applicable CC&Rs do not prohibit the use for which the applicant is seeking
approval.
F. Personal cultivation. City residents are permitted to cultivate cannabis on private
residential property for personal use and in accordance with MAUCRSA, subject to the
following standards:
1. Outdoor cultivation.
a. Cultivation for personal use is only permitted on private residential property
developed with at least one (1) residential dwelling unit. No more than six (6)
plants are permitted to be cultivated at a private residence. Property owners
retain the ability to prohibit renters from cultivation and any renter choosing to
cultivate shall first obtain written authorization from the property owner to
cultivate on site.
b. Outdoor cultivation is limited to rear and side yard areas and only if
screened by a solid block wall no less than six (6) feet in height.
c. Outdoor cultivation shall not be visible from surrounding public streets or
adjoining properties. As such, cannabis plants may not grow above the height
of the property line walls unless screened by another approved screening
method.
d. Outdoor cultivation within 600 feet of a school, daycare center, or youth
center is prohibited.
2. Indoor cultivation.
a. Indoor cultivation must have adequate ventilation. Structural, ventilation,
electrical, gas, or plumbing changes to accommodate indoor cultivation are
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PLANNING COMMISSION RESOLUTION NO. 2871
19
required to obtain a building permit from the City's Building and Safety
Department.
b. The use of volatile solvents, as defined in Section 11362.3d of the California
Business and Professions Code, including, but not limited to, butane, propane,
xylene, gasoline, kerosene, and other dangerous and poisonous toxins or
carcinogens, are prohibited for indoor cultivation at a private residence.
G. Application fee and reimbursement agreement. At the time an applicant submits
an application under this section, the applicant shall also supply an application fee in an
amount to be determined by resolution by the City Council, an executed reimbursement
agreement on a form provided by the City to fully reimburse the City for all costs,
expenses, and fees, including, but not limited to, attorney fees and consultant fees,
incurred by the City related to the commercial cannabis business, and a deposit in an
amount as provided for in the reimbursement agreement terms.
H. Prohibited operations. Any commercial cannabis business that does not have: (1) an
approved conditional use permit; (2) a regulatory permit required under this code; and (3)
a state license is expressly prohibited in all City zones and is hereby declared a public
nuisance that may be abated by the City and is subject to all available legal remedies,
including, but not limited to, civil injunctions.
I. Violations and penalties.
1. In addition to any other remedy allowed by law, any person who violates a
provision of this chapter is subject to criminal sanctions, civil actions,
administrative penalties, permit suspension, and permit revocation, if
applicable.
2. Violations of this chapter constitute an infraction or misdemeanor and may
be enforced by any applicable law.
3. Violations of this chapter are hereby declared to be public nuisances.
4. Each person is guilty of a separate offense each day a violation is allowed
to continue and every violation of this chapter shall constitute a separate
offense and shall be subject to all remedies.
5. All remedies prescribed under this chapter shall be cumulative and the
election of one or more remedies shall not bar the City from the pursuit of any
other remedy for the purpose of enforcing the provisions hereof.
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PLANNING COMMISSION RESOLUTION NO. 2871
20
SECTION 5: Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.68.020 is hereby amended as follows:
25.68.020 Design Review Required
A. Purpose and applicability. Design review allows for specified projects to be
reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the
General Plan are achieved. Design review is required, as follows:
1. Prior to permit issuance. No plan, elevation for buildings or structures, or
alterations shall be approved and no permit shall be issued for any building, structure,
sign, or other development of property or appurtenances or alterations thereto,
except in single-family residential districts and developments subject to Objective
Design Standards requirements of Chapter 25.42, without review and approval by
the ARC.
2. The ARC shall review all plans submitted with applications for moving buildings
within or into the City. Photographs shall be included with the application showing all
elevations, the structure proposed to be moved, the proposed site, and the buildings
adjacent to the proposed site. The ARC shall determine whether the building
proposed to be moved will fit harmoniously into the neighborhood wherein it is to be
located. It may approve, approve with conditions, or disapprove the issuance of a
permit to move such building.
3. The ARC shall review all plans for new two-story residential dwellings and
second story additions within the R-2 Zoning District as required by Table 25.10-3
(Residential Zoning District Development Standards) to ensure second stories are
compatible with surrounding homes including massing, materials, and co nsiders
privacy of adjacent neighbors. The ARC design review shall include the following:
1.a. The mass and bulk of the design should be reasonably compatible with the
predominant neighborhood pattern. New construction should not be
disproportionately larger than, or out of scale with, the neighborhood pattern in terms
of building forms, roof pitches, eave heights, ridge heights, and entry feature heights.
2. b. Placement of windows and doors should have minimal impact to the
neighboring property.
3. c. Line of sight analysis shall be provided.
4. d. To mitigate privacy impacts of new two -story homes and additions, tree
and/or shrub planting is required.
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PLANNING COMMISSION RESOLUTION NO. 2871
21
a. i. Applicability. These requirements shall apply to new two -story homes,
two-story additions, and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
5. e. Planting plan. Proposals for new two-story homes, two-story additions,
and/or new windows on existing two-story homes shall be accompanied by a planting
plan which identifies the location, species and canopy diameter of existing and
proposed trees or shrubs to meet the requirements.
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.99.020 Land Use Definitions is hereby amended with the following
removals and additions to the existing section:
Automotive sales new and used (outdoor/indoor). A commercial establishment
selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile
homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors.
These uses include parts for sale and repair shops on ly when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
Automotive sales new and used (indoor). A commercial establishment selling and/or
renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes,
recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automobiles occurs only indoors within an
enclosed commercial building. Displays located outside of a building are not included.
These uses include parts for sale and repair shops only when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
Automotive sales new and used (outdoor). A commercial establishment selling and/or
renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes,
recreational and utility trailers, motorized farm equipment, motorcycles, mopeds,
snowmobile and jet skis. The sales of all automobiles can take place outdoors or indoors.
These uses include parts for sale and repair shops only when part of a dealership selling
new vehicles on the same site. These uses do not include service stations, which are
separately defined.
207
208
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. ZOA24-0002
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
RECOMMENDATION TO THE PALM DESERT CITY COUNCIL FOR CONSIDERATION OF A
ZONING ORDINANCE AMENDMENT TO MODIFY VARIOUS SECTIONS OF TITLE 25 (ZONING)
OF THE PALM DESERT MUNICIPAL CODE 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 §15061(b)(3).
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Section
25.28.070 to add indoor and outdoor automotive sales as an allowable land use within the
Freeway Commercial Overlay Zone (FCOZ) subject to the approval of an administrative or
conditional use permit, Section 25.68 to correct formatting, various sections regarding Cannabis
zoning regulations, and Section 25.99.020 to add certain definitions.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Palm Desert, California, will hold a Public Hearing on Tuesday, June 4, 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
May 24, 2024 PALM DESERT PLANNING COMMISSION
209
210
ZOA24-0002 -Bundle Zoning
Ordinance Amendments
PALM DESERT PLANNING COMMISSION
JUNE 4, 2024
6/4/2024 AGENDA ITEM 8.B 1
211
Overview Zoning Ordinance
Consideration of a recommendation to the Palm Desert City Council for a City-
initiated Zoning Ordinance Amendment (“ZOA”) to amend the text of various Sections of
Palm Desert Municipal Code (“PDMC”) Title 25 (“Zoning Ordinance”) as summarized in
Draft Resolution No. 2871:
Section 1 –PDMC 25.16.030 Allowed Land Uses and Permit Requirements
Section 2 –PDMC 25.18.040 Land Use and Permit Requirements
Section 3 –PDMC 25.28.070 Freeway Commercial Overlay Zone
Section 4 –PDMC 25.34.120 Commercial Cannabis Business and Personal Cultivation
Section 5 –PDMC 25.68.020 Design Review Requires
Section 6 –PDMC 25.99.020 Land Use Definitions
Legislative Action for text amendment
City Council Approval required
6/4/2024 AGENDA ITEM 8.B 2
212
Overview Zoning Ordinance -continued
Three topics fall into one of two categories: “clean up” to correct errors or policy
update based on Council Direction
Auto sales in Freeway Commercial Overlay Zone -“Clean-up”
Correct unintentional deletion of the use from the ordinance and update to current allowances in
other areas of the City
Section 1, Section 3, and Section 6
Architectural Design Review -“Clean-up”
Correction of codification error.
Section 5
Policy Update –Commercial Cannabis Business Zoning
Prohibit certain new cannabis businesses related to public welfare
Section 1, Section 2, Section 4
6/4/2024 AGENDA ITEM 8.B 3
213
General Background
April 2024 –City Staff begin amendment process for text amendments to PDMC
Title 25 per authority under PDMC 25.02.040(B) and to enact previous direction
received from City Council
May 7, 2024 –Planning Commission continued case ZOA24-0002 to a date certain
of June 4, 2024, at the request of staff
May 23, 2024 –City staff seeks input and direction from City Council on proposed
amendments
Non-storefront cannabis retail should be prohibited in the City
May 24, 2024 –Staff submits new public hearing notice to Desert Sun for item
ZOA24-0002
6/4/2024 AGENDA ITEM 8.B 4
214
Auto Sales in Freeway Commercial Overlay
Revision the ordinance to clean up previous omissions
January 2016 -Ordinance 1302 and 1303 –Added auto sales as allowed use
November 2016 –Ordinance 1324 –Removed Use in a scrivener’s error
Proposed Update
Amend the commercial land use table (Section 1)
Amend Overlay to add Auto-sales as allowed use (Section 3)
Indoor Auto Sales =AUP approved by Zoning Administrator for consistency with 2022 Broker’s Report
Outdoor Auto Sales =CUP approved by Planning Commission
Amend land use definition for indoor and outdoor automotive sales (Section 6)
6/4/2024 AGENDA ITEM 8.B 5
215
6/4/2024 AGENDA ITEM 8.B 6
Dinah Shore MontereyCountry Club
216
Architectural Review Commission Design Review
Amendments needed to correct errors:
ARC review required for two-story homes and additions which expand, or add a second
story
Ordinance 1383 was codified incorrectly
Propose changes:
Adjust the subsection formatting to capture the original intent
Subsection A(3) will become Subsection B with subsections outlining submittal and
standard guidelines for second-story additions in the Mixed Residential (R-2) Zoning
Designation.
6/4/2024 AGENDA ITEM 8.B 7
217
Commercial Cannabis Background
January 11, 2024 –City Council directs staff to proceed with amendments to the
PDMC to:
Prohibit cannabis manufacturing businesses
Add Cannabis Microbusiness as a use that could be permitted through a Conditional Use
Permit (CUP) in Service Industrial only with the following use limitations:
i. Limited to one (1) business
ii. No retail storefront, delivery only [Note: cannabis retail is prohibited in SI]
iii. Manufacturing is limited to packaging and labeling
Update/clarify any inconsistent code sections
Establish an annual fee of $2,760 for cannabis regulatory permits for Microbusinesses
and Distribution businesses to cover the cost of semiannual inspections.
6/4/2024 AGENDA ITEM 8.B 8
218
Commercial Cannabis Background -continued
Issues raised on January 11, 2024:
No limitation on the total number cannabis businesses
Microbusinesses have been approved through CUP, though components of business such as the
cannabis retail operation or manufacturing are prohibited in the base zoning designations
Responsibilities for inspection of safety of cannabis manufacturing business falls on the City
Agencies, such as Riverside County Department of Public Health do not issue policy guidance or
become involved in manufacturing of products.
Sanitation concerns
Limited oversight by State with no inspection
State exempts cannabis businesses from annual fire inspections
Concerns over use of volatile chemicals posing a public safety hazard due to fire hazard,
and potential air quality impacts cited by the Environmental Protection Agency
6/4/2024 AGENDA ITEM 8.B 9
219
Commercial Cannabis Business –Proposed Amendments
Prohibit the following new cannabis uses.Impacts on existing businesses noted in parenthesis.
Cannabis testing or research laboratories (no existing CUPs approved)
Commercial cultivation businesses (no existing CUPs approved)
Distribution businesses (no existing CUPs approved).
Exception for “accessory”distribution associated with a licensed retail business for on-site sales only through a CUP.
Example:Royal Highness has a distribution license through a CUP amendment in addition to the retail license,to package and relabel
“cannabis flower”to buy in bulk and package on-site,reducing costs.
Sales not limited to the Highway 111 location and would be “grandfathered.”
Manufacturing businesses (one existing CUP –may continue to operate as nonconforming use under valid
vested CUP)
Non-storefront retailers (no existing CUPs approved).
6/4/2024 AGENDA ITEM 8.B 10
220
Commercial Cannabis Business –Proposed Amendments
Define Microbusiness and allow one (1)conditionally permitted in the SI district.
Cannabis microbusiness means a business that engages in at least three (3)of the following
commercial cannabis activities:
1.Indoor cultivation of cannabis in an area less than 10,000 square feet on the same licensed premises.
2.Distribution.
3.Manufacturing,limited to packaging and labeling.
4.Non-storefront retailer (delivery only).[NOTE:Cannabis retail is prohibited in SI]
West Coast Cannabis was approved as a microbusiness and has storefront retail and Type 6 (non-
volatile)manufacturing and would be “grandfathered.”
6/4/2024 AGENDA ITEM 8.B 11
221
Public Notice
Public noticing was conducted for the June 4,2024,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 a minimum of 10 days before the hearing date on Friday,May 24,
2024,in The Desert Sun newspaper
No comments in favor or opposition received to date
6/4/2024 AGENDA ITEM 8.B 12
222
California Environmental Quality Act
•The project can be found exempt from further environmental review pursuant to
CEQA Guidelines Section §15061(b)(3).
AGENDA ITEM 8.A5/21/2024 13
223
Recommendation
Adopt Planning Commission Resolution No. 2871 entitled: “A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND SECTIONS 25.16.030, 25.18.040, 25.28.070, 25.34.120,
25.68.020, AND 25.99.020 OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING
THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
6/4/2024 AGENDA ITEM 8.B 14
224
PLANNING COMMISSIONATTENDANCE REPORT2024 ROLLING 12-MONTH REPORTYearMonthDate 6-Jun 20-Jun 4-Jul 18-Jul 1-Aug 15-Aug 5-Sep 19-Sep 3-Oct 17-Oct 7-Nov21-Nov 5-Dec 20-Dec 2-Jan 16-Jan 6-Feb 20-Feb 5-Mar 19-Mar 2-Apr 16-Apr 7-May 21-MayDeLuna, Nancy P P - P P P P P P P - - P - - - P P P P P - P P00Greenwood, John P E - P P P P P P P - - P - - - P E P P P - P P20Gregory, Ron EP-PP PP P PE - - P- - - P P P P P -P P20Holt, Lindsay P P - E E P P P P R - - E - - - P P E P E - P P50Pradetto, Joseph P P - P P P P E E P - - P - - - P P P P P - P P20Palm Desert Municipal Code 2.34.010:PPresentAAbsentEExcusedRRemoteSSStudy Session - No meeting2023 20232024Jan Feb20242023 2023Total ExcusedAbsencesOct Nov Dec Apr20242024Mar2024MayTwice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly.Total Unexcused AbsencesJun Jul Aug Sep2023 2023 2023225