Loading...
HomeMy WebLinkAbout2018-02-20 PC Regular Meeting Agenda Packet CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Telephone: (760) 346-0611 Fax: (760) 776-6417 SUBSEQUENT MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL INITIAL STUDY Project Title: The Sands Palm Desert Apartments City Project No: Environmental Assessment, Case No. 16-394 Lead Agency Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Phone: (760) 346-0611 Fax: (760) 776-6417 Project Location: Hovley Lane East, Palm Desert APNs 624-040-019 and 624-060-089 Applicant: Mr. Lee Newell New Cities Land Company, Inc. 12 Ring Lane Carmel Valley, CA 93924 General Plan Designation: Existing: Town Center Neighborhood 7.0-40 du/ac Proposed: Town Center Neighborhood 7.0-40 du/ac Zoning Designation: Existing: Planned Residential 17.5 (P.R. 17.5 du/ac) Proposed: Planned Residential 17.5 (P.R. 17.5 du/ac) Project Description: The project proposes the development of fifteen two- and three-story apartment buildings with up to 412 dwelling units, located south of Hovley Lane East on approximately 18.13 acres. The development will include one, two, and three bedroom units, a community clubhouse, community room, fitness center, courtyard and outdoor common open space. There will be 179 one-bedroom units, 189 two-bedroom units and 44 three-bedroom units, ranging from 615 sq.ft. to 1, 308 sq.ft. The maximum height of any proposed building is 38.3 feet. Two proposed entries with enhanced landscaping on Hovley Land would provide vehicular access to the complex, while gated points would separate the visitor areas from the interior drive aisles to the residential units and parking spaces. The westerly entrance will be emergency access only. The main entry at Hovley Lane and Jasmine Court will include a traffic signal. The features and characteristics of the proposed buildings are intended to establish an attractive architectural presence while providing a desirable environment for residents. The site design incorporates context sensitivity in its setback, orientation, and placement of structures, particularly in relation to the presence of neighboring The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 2 residential uses. The site plan’s easterly, southerly and westerly edges are designated to accommodate parking spaces with landscaping features, rather than structures. The project areas closer to single-family residential neighborhoods, including the south half of the westerly boundary and the entire southerly boundary would be occupied by two-story structures instead of the taller three- story structures. In addition, a 27-foot landscaped buffer will be preserved along the southern edge, increasing the separation of structures from the adjoining residential community. The northern residential buildings and clubhouse, visible from Hovley Lane, will also be two-stories. The proposed three-story structures will be arranged in the more central and eastern areas of the site, creating compatibility to the adjoining multi-story Canterra Apartments. As such, the placement, scale and massing of the proposed structures are expected to replace an unimproved site and its impaired surrounding views with a developed environment and unified visual character. The proposed architectural style for the development would incorporate two complimentary color schemes with light-colored stucco finishes, accented by natural tones and pitched tiled roofs. The design aesthetic will be visually complementary to the adjoining Canterra Apartment Homes (Phase 1). The landscaping design in the project interior, along its edges, and frontage will include a mixture of trees, palms, shrubs and groundcover plantings to serve as an enhancement to the site design and streetscape. The 2016 GP EIR indicates that the City will see an increase of 7,365 households by the General Plan Buildout scenario year of 2040. The Proposed project will contribute 412 dwelling units on 18.13 acres. The proposed density of the Project is 22.7 dwelling units per acre (du/ac). The maximum density allowed and analyzed under the General Plan for the project site is 40 du/ac (page 30 of the 2016 General Plan.) Utilization of the maximum density could result in a project with approximately 725 Dwelling Units. The project is proposing 313 dwelling units below the allowable maximum, reducing the total City increase attributed to buildout. Additionally, the subject property is the only remaining vacant parcel on the segment of Hovley Lane East between Portola Avenue and Cook Street. Therefore it can be assumed that construction of the project would result in buildout of this street segment. Along with this Environmental Assessment, the project is also processing a Precise Plan. Twenty Percent of the Project’s units will be reserved for low income housing at a maximum density bonus of 35%. Development Impact Fees for affordable units will be offset by the City’s housing mitigation fund. The applicant will pay the larger remainder of the fees. Document Purpose and Scope This Subsequent MND/Initial Study tiers off the City of Palm Desert General Plan Update & University Neighborhood Specific Plan Environmental Impact Report (General Plan EIR), SCH #2015081020 which is available for review at the City’s Offices (73-510 Fred Waring Drive). The prior Program General Plan EIR confirmed that all environmental impacts resulting from the implementation of the General Plan Update would be less than significant with the imposition of appropriate mitigation, with the exception of Greenhouse Gas and Transportation impacts, which were identified as a significant and unavoidable impact. The Program General Plan EIR is incorporated into this document in its entirety by this reference. The type and intensity of use proposed as part of the current project is consistent with the development anticipated, analyzed, and approved as part of the existing General Plan EIR. The City’s 2016 General Plan EIR analyzed future growth under Chapter 4.13 Population, Employment, and Housing pages 4.13-1 through 4.13-10. Table 4.13-2 (page 4.13-3) forecasts a population of 61,691 by year 2040. In 2016, the City had a population of 52,231 with an average household size of 2.10 persons (U.S. Census Bureau, Quick Facts). As a result of project build-out, the proposed Project could add 865 people into the city, and an approximate population of 53,096, which is below the 2040 population forecast of 61,691. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 3 Because the proposed project is within the scope of the previously certified Program General Plan EIR, and consistent with the requirements of CEQA Guidelines Section 15168(c), this subsequent MND/Initial Study has been prepared to examine the proposed project in the light of the General Plan EIR in order to determine if the proposed project would result in any impacts greater than those previously analyzed and disclosed. In the following resource areas, the General Plan EIR identified Mitigation Measures that would be applicable to all subsequent developments: Greenhouse Gas, Biological Resources, Cultural Resources, Noise, and Transportation. Those Mitigation Measures were imposed by the City through a Mitigation Monitoring and Reporting Program, and will be applied to this project, if approved. The MMRP is attached hereto as Appendix A. To the extent the impacts of the proposed project are already fully analyzed and accounted for in the General Plan EIR, this Subsequent MND/Initial Study will not further discuss the applicable resource areas. Consistent with State CEQA Guidelines § 15168, this Subsequent MND/Initial Study provides the site-specific analysis anticipated by the General Plan EIR as to the following resource areas: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gases, Hazards & Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation/Traffic, Tribal Cultural Resources, and Utilities/Service Systems. Finally, as depicted in the Initial Study’s significance checkboxes for each resource only those resources for which site-specific mitigation (beyond that already imposed through the Program General Plan EIR) are imposed are identified as “less than significant with mitigation.” Impacts to all other resources are either “less than significant” or “no impact” with the imposition, as applicable, of the mitigation measures previously adopted and imposed by the City through the certified General Plan EIR and MMRP. Land Use and Setting North - Marriott’s Desert Springs Villas East - Canterra Apartments complex, Palm Desert Soccer Park South - Portola Country Club West - Venezia residential development, James Earl Carter Elementary School Other Public Agencies who’s Approval is Required (e.g., permits, financing approval, or participation agreement): • Coachella Valley Water District • State Water Resource Control Board • Regional Water Quality Control Board N.T.S.Regional Location MapTHE SANDSInitial StudyN.T.S.1 Vicinity Map THE SANDS Initial Study N.T.S. 2 111 FRED WARING DRIVE SITE HOVLEY LANE HOVLEY LANE COUNTRY CLUB DRIVE FRANK SINATRA DRIVE GERALD FORD DRIVE (EAST)BOB HOPE DRIVEPORTOLACOOK STREETELDORADO DRIVEAVENUEIN T E R S T A T E 1 0 CITY OF 10 (WEST) PALM DESERT CITY OF RANCHO MIRAGE MONTEREY AVENUECITY OF INDIAN WELLS HOVLEY LANE PROJECT SITE APN: 624-040-019 JASMINECOURTANGEL CAMP ROAD VIA VENEZIA VIA GARIBALDIVIA PELLESTRINA Aerial Photograph THE SANDS Initial Study N.T.S. 3 4Site PlanTHE SANDSInitial Study NOPARKING NOPARKING NOPARKING NOPARKINGNOPARKING NOPARKING5Canterra Apartments I Second Story Viewshed AnalysisTHE SANDSInitial Study NO PARKING NOPARKING NOPARKINGNOPARKINGNOPARKINGNOPARKINGNOPARKING 6Canterra Apartments I Second Story Viewshed Analysis 1 THE SANDSInitial Study NOPARKING NOPARKINGNOPARKINGNOPARKINGNOPARKINGNOPARKING 7Canterra Apartments I Second Story Viewshed Analysis 2THE SANDSInitial Study Threshold Analysis THE SANDS Initial Study N.T.S. 8 Map of Localized Significance The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 13 Environmental Checklist and Discussion: The following checklist evaluates the proposed project’s potential adverse impacts. For those environmental topics for which a potential adverse impact may exist, a discussion of the existing site environment related to the topic is presented followed by an analysis of the project’s potential adverse impacts. When the project does not have any potential for adverse impacts for an environmental topic, the reasons why there are no potential adverse impacts are described. 1. AESTHETICS -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? a, c) Less than Significant Impact. The perception and uniqueness of scenic vistas and visual character can vary according to location and composition of its surrounding context. The subjective value of views is generally influenced by the presence and intensity of neighboring man–made improvements, such as structures, overhead utilities, and landscaping, often in relation to the aesthetic quality offered by a natural background, such as open space, mountain ranges, or a landmark feature. The proximity and massing of structures, vegetation and other visual barriers interacts with the visibility of surrounding environments to restrict or enhance local characteristic views. The proposed development is located immediately south of Hovley Lane and approximately one quarter-mile east of Portola Avenue. Based on publicly available aerial photography and the elevation values displayed in the Preliminary Grading Plan prepared by MSA Consulting, Inc. on February 7, 2017, the Project property is rectangular in shape and characterized by sparse vegetation coverage on gently sloping sand dunes, resulting in noticeable changes in elevation (depressions and mounds) across the land ranging from approximately 173 feet to 204 feet above sea level. The site’s higher grades are approximately 15 feet above the street level of Hovley Lane to the north. The easterly and southerly project boundaries are delineated by concrete masonry unit (CMU) block walls. The south half of the westerly boundary is demarcated by a CMU block wall, while the north half is improved as a chain-link fence adjacent to the James Earl Carter Elementary School. The property’s northerly boundary (street frontage) measures approximately 602 feet and is absent of any physical delineation or landscaping improvements. Historic aerial photographs included in Appendix C of the Phase I Environmental Site Assessment for this project indicate that the general undeveloped condition presently observed has characterized the project site since at least 1953 due to lack of permanent on-site development or other improvements. However, a majority of the private site has been subject to prior ground disturbance, particularly within the past decade. Historic high-resolution imagery obtained from Riverside County’s Geographic Information Systems platform indicates that, in 2007, approximately 5 acres of the site were extensively cleared and graded to accommodate temporary construction staging (laydown) activities for an off-site project. The fenced staging area occupied the property’s northeast corner with various dirt paths established and utilized throughout the site. As a result, the on-site conditions were permanently modified. After completion of the off-site project, and as a requirement under the City’s Fugitive Dust (PM10) Control Ordinance (Chapter 24.12), the disturbed areas The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 14 were treated with a dust suppressant, resulting in a hardened ground surface condition and presence of a green dye that is typically required for such application. The previously graded and stabilized areas remained visible along the entire street frontage (northerly edge). Tire marks on the ground throughout the property are indicative of recent off-road vehicular movement. As such, the previously disturbed vacant site has not retained any on-site landmarks, natural vegetation coverage, or unique native features with a recognized aesthetic value. Reviewing City of Palm Desert 2016 General Plan land use designations helps provide a context for evaluating the Project’s location and compatibility with surrounding conditions. The Land Use and Community Character Element of the adopted 2016 General Plan designates the purpose and intended land use for each parcel within the City, and as a result, establishes the intended visual setting of a locale by outlining the nature, intensity and character of development. The City’s land use designations are categorized into neighborhoods, districts, and centers. Each land use designation is defined by a distinctive physical character, which guide the features related to streetscape and connectivity, parks and open space, and built form and character. Although vacant, the site does not qualify as quality open space under the 2016 General Plan. Quality open space, as described in page 5 of the Palm Desert 2016 General Plan, is said to provide opportunities for residents to gather, play, and experience visual and emotional relief from the built environment. Quality open space is said to include small neighborhood parks, plazas, sports fields, and natural areas. Figure 3.1 in the 2016 General Plan identifies Open Space land use designations throughout the City and its Sphere of Influence and the project property is not identified as being Open Space in the General Plan Land Use Map. The nearest designated Open Space site to the project is the existing Palm Desert Soccer Park, located approximately 600 feet to the east. The private vacant condition of the property does not fit the criteria of open space, since it is not available to the public for gathering, playing or enjoying recreational uses. This property also does not form part of the preserved hillside or protected desert open space which predominately surround the City and the Coachella Valley. As previously discussed, the project site is delineated primarily by a combination of solid block walls and chain link fencing, visual barriers which were constructed by the neighboring residential and school uses prior to this project proposal. As such, the alteration of views from surrounding properties towards the private vacant project site was the result of prior adjacent development. Per Figure 3.1 in the 2016 General Plan, the project site has a land use designation of Town Center Neighborhood, which also applies to the adjoining Canterra apartment complex to the east. Page 30 of the 2016 General Plan explains that the intent and purpose of Town Center Neighborhoods are to provide moderate to higher intensity neighborhood development for a variety of housing choices. As such, the residential densities for this category are said to range from 7.0 to 40 dwelling units per acre and up to three stories. Allowed uses include a variety of multi-family residential dwellings organized along walkable streetscapes with focused commercial/retail activity within walking distance. The location context and development characteristics of this land use designation have been analyzed in the General Plan EIR. As with any form of new development, Town Center Neighborhood proposals are subject to review by the Architectural Review Commission, which help ensure that the City’s design objectives specified in the General Plan are achieved. In relation to the surrounding land uses and characteristics, the north side of Hovley Lane includes Marriott’s Desert Springs Villas (Resort and Entertainment), which consists of a resort community with multiple two- story buildings at a slightly higher elevation, surrounded by a private golf course with artificial lakes, gentle hills and low points as part of its design. On the east, the Project is bordered by Phase I of the Canterra Apartments complex (Town Center Neighborhood), which includes two-story buildings and share the same land use designation as the proposed development. This residential complex is followed by the Palm Desert Soccer Park (Open Space). Land to the south includes the Portola Country Club (Golf Course & Resort Neighborhood), which includes detached single-story homes. Land to the west includes the Venezia residential development (Golf Course & Resort Neighborhood) with detached single-story homes. The north The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 15 half of the westerly boundary is adjoined by James Earl Carter Elementary School (Public Facility/Institutional). From the site, views of the Indio Hills to the northwest, north and northeast are distant and considerably obstructed by two story structures, mature tree plantings, and landscaping treatment corresponding to the Desert Springs Villas resort complex. The private golf course surrounding the complex also includes mature tree plantings and hill design features that characterize the northern streetscape. Views of the San Jacinto Mountains to the west/southwest and of the Santa Rosa Mountains to the south/southeast are partially impaired by the neighboring existing structures and planted trees of various sizes. Existing carport structures and planted trees on the west edge of the existing Canterra apartment complex constitute an existing visual barrier on the east side of the Project boundary from at-grade perspectives. On the south and west, adjacent to existing residential uses, the existing walls and private landscaping improvements also constitute an existing visual barrier from at-grade perspectives. In this existing context, the proposed project would occupy the entire unimproved site for the development of fifteen two- and three-story apartment buildings with up to 412 dwelling units. The project site plan includes a clubhouse and designated recreational open spaces. The maximum height of any proposed building is 38.3 feet. Two proposed entries with enhanced landscaping on Hovley Lane and would provide vehicular access to the complex, decorative fencing would separate the visitor areas from the interior drive aisles to the residential units and parking spaces. In conformance with Chapter 25.68 of the Palm Desert Municipal Code (Decisions by the Architectural Review Commission), the proposed design features of the Project are intended to establish a desirable environment for its occupants, as well as for its neighbors, by incorporating a good composition of materials, textures and colors. As shown in the proposed Technical Site Plan, the project design incorporates context sensitivity in its setback, placement, and orientation of structures, particularly in relation to the presence of neighboring residential uses. In particular, the site plan’s easterly, southerly and westerly edges are designated to accommodate parking spaces with landscaping features, rather than residential structures. The architectural plans and renderings prepared by Humphreys & Partners Architects, L.P. were used to support the following analysis. Project areas closer to single-family residential neighborhoods, including the south half of the westerly boundary and the entire southerly boundary would be occupied by two-story structures instead of the allowable three-story structures. In addition, a 27-foot landscaped buffer will be preserved along the southern edge, increasing the separation of structures from the adjoining residential community. The northern residential buildings and clubhouse, visible from Hovley Lane, will also be two- stories. The proposed three-story structures will be arranged in the more central and eastern areas of the site. Four of the three-story structures are oriented along a west-east axis to reduce their visibility profile from the neighboring properties. On the west, the distance between the existing two-story Canterra Apartment buildings and the nearest proposed residential buildings is approximately 150 feet. On the west, the distance between the existing single-family residential structures and the proposed residential structures is approximately 97 feet. On the south, the distance between the existing homes and proposed residential buildings is approximately 117 feet. This distance includes the previously mentioned 27-foot landscaped buffer. The proposed architectural style for the development would incorporate two complimentary color schemes with light-colored stucco finishes, accented by natural tones and pitched tiled roofs. The design aesthetic will be visually complementary to the adjoining Canterra Apartment Homes, where the General Plan land use designation is also Town Center Neighborhood. Based on the Landscape Plan prepared by Humphreys & Partners Architects, L.P., the project interior, its edges, and frontage will include a mixture of decorative trees, palms, shrubs and groundcover plantings to provide a natural enhancement to the site design and streetscape. These proposed landscape improvements will partially screen the visibility of the proposed structures from surrounding areas. As such, the design, placement, and scale of the proposed residential development will The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 16 serve as an enhancement to the vacant condition of the fenced private property and will adhere to the intended physical character of the Town Center Neighborhood land use designation. The west side of Canterra Apartments I includes an estimate of 20 second-story units with windows and doors facing west, toward the project site. The first-story units on this side have existing altered views due to the existing solid wall, parking lot cover structures, and ornamental vegetation that already exists on the west edge of Canterra I. The distance between the existing two-story Canterra Apartment buildings and the nearest proposed residential buildings is approximately 150 feet. For comparison, this separation is greater than the width of Hovley Lane, north of the project. Other apartments within this existing development have openings facing other directions (north, east and south), which don’t include views of the project site. A viewshed analysis has been performed with an emphasis on view shed impacts on the 20 westernmost second-story units mentioned above. Exhibit 6 Canterra Apartments I Second-Story Viewshed Analysis, included in this Initial Study, identifies the proposed locations and configurations of one-, two-, and three-story structures based on the proposed site plan. This exhibit also illustrates the existing second-story views from the westernmost units within Canterra I. First-story units are not specifically assessed in this exhibit because views from those units are presently altered by the existing block wall, parking lot cover structures, and ornamental vegetation on the west edge of Canterra I. As such, the second story units have the most ample views. As shown in that exhibit, views from the existing second story openings (doors and windows) toward the southwest, west and northwest will be partially altered by the proposed development. Of the seven proposed buildings on the east side of the project, one will be one-story (clubhouse), one will be two stories (29-ft max height), and five will be three stories (38.3-ft max height). Four of these three-story structures are oriented west-to-east, thus reducing the visibility profile to a width of approximately 75 feet. Canterra Apartments I Second Story Cross Section Analysis 1 and 2 (Exhibits 6 and 7) provide the specific extent to which westward views will be altered for the worst case condition, being the westernmost Canterra I second-story units closest to a north-south oriented three-story building. From those units, the proposed three- story structure will alter the views of the San Jacinto and Tahquitz Peaks on the western horizon, which are located approximately 18 miles from the site. Following project implementation, a person standing on the second floor would not be able to see the highest peaks, but would see portions of the mountain ranges toward the northwest and southwest. The proposed one- and two-story structures would partially alter views of the mountain ranges, but the higher mountain elevations and highest peaks would remain unaffected. Pertaining to shadow effects, the distance of approximately 150 feet separating the easternmost units in the project from the westernmost units in Canterra I would reduce this impact. Only during the sunset hours would there be a possibility of shadows ample enough to reach the neighboring apartments. Since the sun sets behind the San Jacinto and Santa Rosa mountain ranges and not on a flat horizon, the sun would visibly set before a an expansive shadow could be created affecting Canterra I, therefore any shading impacts to the Canterra Apartments I would be less than significant. For security purposes, the Project will provide varied nighttime lighting to safely illuminate the parking areas, entrances, signs, walkways and other project features in accordance with the City’s Outdoor Lighting Requirements. These requirements are established to minimize light pollution and trespassing. Compliance with the City’s lighting requirements is demonstrated in the proposed Photometric Site Plan, included as Appendix E of this Initial Study. The photometric plan provides point-by-point lighting levels (measured in foot-candles) for the entire project. The plan, which is subject to City review for architectural plan approval, indicates that the proposed placement, orientation and intensity of exterior light fixtures has been designed, such that illumination is sufficiently diminished at the project edges, where walls are existing or proposed. Based on the evaluation of context and proposed development characteristics, the project is not expected to The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 17 result in substantial adverse effects on scenic vistas, nor is the project expected to substantially degrade the existing visual character or quality of the private vacant site and its surroundings. b) Less than Significant Impact. The undeveloped Project property exhibits gently sloping mounds and depressions with sparse vegetation coverage. These terrain conditions are not specific to the site since prevailing wind-blown sand deposits tend to create similar conditions across various areas of the Coachella Valley where development has not occurred. As previously discussed, a considerable portion of the site has been subject to prior clearing and grading in the past decade. The disturbed ground surface exhibits topographic high and low points range from approximately 173 feet to 204 feet above sea level, but these grades are split above and below the street level of Hovley Lane. As a result, the site’s highest mounds rise to approximately 15 feet above the grade of Hovley Lane, while the depressions drop to approximately 15 feet below the street grade. The vacant project land lacks any natural landmarks, historic buildings, trees, or rock outcroppings. Project implementation would introduce a landscaping design in the interior, edges and frontage to enhance its visibility in a manner that concords with the surrounding developments and is consistent with the intended physical character for the Town Center Neighborhood regarding open space identified in the 2016 General Plan (2016 General Plan, p. 5). A review of the California Scenic Highway Mapping System web site operated by Caltrans, revealed that the project is not located adjacent to or near any state or county, eligible or designated scenic highway. The purpose of the State Scenic Highway Program is to preserve and protect scenic State highway corridors from change that would diminish the aesthetic value of lands adjacent to highways. State highways can be officially designated as Scenic Highways or be determined to be eligible for designation. The status of a state scenic highway changes from eligible to “officially designated” when a local jurisdiction adopts a scenic corridor protection program and the California Department of Transportation (Caltrans) approves the designation as a Scenic Highway. According to the Circulation Element of the Riverside County General Plan Update, the nearest State Designated Scenic Highway is Highway 74, located approximately 2 miles to the southwest of the project. Based on distance, the proposed site plan, architectural design, and landscaping design would not result in in adverse impacts to scenic resources within a state scenic highway or other local transportation corridor. Less than significant impacts are expected. d) Less than Significant Impact. The project property lacks any structural or lighting improvements; therefore, it does not constitute an existing source of glare or light. In the project surroundings, existing sources of fixed nighttime lighting can be attributed to the adjoining James Earl Carter Elementary School, which for safety purposes, includes pole- and wall-mounted light fixtures primarily oriented downward to cover the facility interior (sidewalks, driveways, and drive aisles) and school access points. The Desert Springs Villas complex found on the north side of Hovley Lane includes various nighttime light sources illuminating the resort entry, landscaping, and other interior facilities. Furthermore, the adjoining residential uses to the east, south and portion of the west include lighting typically consisting of low-intensity, wall-mounted, downward-oriented fixtures in the common areas, patios, side and front yards of homes. The project’s Hovley Lane frontage is not improved with street light posts or illuminated traffic signals, but day-time glare and nighttime lighting can be attributed to existing vehicular traffic. The proposed project would utilize the vacant property for the development of up to 412 dwelling units configured in fifteen two- and three-story buildings, consistent with the physical character intended for Town Center Neighborhood land uses per page 30 of the City’s 2016 General Plan. The project includes nighttime lighting to safely illuminate the site entrances, signage, parking, walkways and other project features with the appropriate fixtures in accordance with Chapter 24.16 (City’s Outdoor Lighting Requirements) of the Palm Desert Municipal Code. These requirements are established to ensure that proposed development includes a minimum uniformity of light coverage, while minimizing light trespass. As a standard condition of development, a project-specific Photometric Site Plan (Appendix E) has been prepared and submitted for City review, illustrating the point-by-point lighting levels (measured in foot-candles) for the entire project in relation to the proposed locations, intensities and types of lighting sources. The photometric plan identifies The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 18 three primary sources of lighting: 1) post-mounted fixtures for the uncovered parking areas, 2) ceiling- mounted fixtures for the covered parking spaces, and 3) tree-mounted fixtures for the palm trees at the primary project entry. The proposed light fixtures closest to the west and east boundaries of the project will be mounted underneath the covered parking structures and therefore focused on providing illumination to enclosed areas. Proposed light fixtures closest to the south boundary will be post-mounted, but separated from the neighboring uses by the 27-foot landscape buffer. The proposed tree-mounted fixtures will be configured at the primary project entry on Hovley Lane. Additional sources of low-intensity lighting will consist of wall- mounted fixtures for the dwelling unit exteriors and landscaping illumination throughout the interior walkways. All proposed fixtures conform to the examples of acceptable lighting fixtures included in the City’s Outdoor Lighting Requirements. Being in a residential zone, all proposed light posts will have a maximum height of 18 feet and the lamp lumens shall be fifteen thousand lumens or less with full-cutoff features. The project lighting levels, measured in foot-candles, shown in the Photometric Site Plan, demonstrate that the proposed placement, orientation and intensity of exterior light fixtures will provide the necessary on-site coverage, while being sufficiently diminished at the project edges to prevent light spillage onto adjoining properties. Light levels at the east project edge range from 0.0 to 3.4 foot candles and these levels are contained by the solid parking garage cover. Light levels on the south project edge range from 0.0 to 1.9 foot candles. Light levels on the west edge range from 0.1 to 8.1 foot candles. The solid block wall separating the project from the adjoining parcels will also provide additional light containment. Pertaining to glare and reflectivity, the proposed residential structures are expected to have light-colored stucco finishes that do not have highly reflective properties or other surface conditions that would cause substantial daytime or nighttime glare. With the proposed landscape plan that includes a strategic placement of trees, palms, shrubs, groundcover, and accent plantings, the potential visibility of nighttime light sources and building surfaces is expected to be partially screened. Less than significant impacts are expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 19 2. AGRICULTURE AND FORESTRY RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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, timberland, or timberland zoned Timberland Production? 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? a-e) No Impact. The proposed project is located within an urbanized area of the City of Palm Desert. There are no farmlands in the vicinity of the project as designated by the Farmland Mapping and Monitoring Program of the California Resources Agency. The vicinity and Project are generally defined as “Urban and Built-up Land.” Additionally, the project is not located on lands zoned for agriculture and is not covered by a Williamson Act contract. There are no areas of forest land; timberland or timberland zoned Timberland Production within the desert area. Therefore, the proposed project will have no impact on agricultural resources. Mitigation: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 20 3. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management 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 Incorporation Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Less than Significant Impact: The Project is located in the Coachella Valley region within the Salton Sea Air Basin (SSAB), under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Air quality in the SSAB is influenced by the regional climate as well as the temperature, wind, humidity, precipitation, and amount of sunshine. The Coachella Valley is an arid desert region with a climate characterized by low annual precipitation, low humidity, hot days, and very cool nights. Wind direction and speed (which in turn affect atmospheric stability) are the most important climate elements affecting local ambient air quality. Desert regions are typically windy because minimal friction is generated between the moving air and the low, sparse vegetation. This allows the wind to maintain its speed crossing the desert plains. Additionally, the rapid daytime heating of the air closest to the desert surface leads to convective activity and the exchange of surface air for upper air, which accelerates surface winds during the warm part of the day. The project has a General Plan land use designation of Town Center Neighborhood. The existing land use policy applicable to the project site and the adjoining Canterra apartment complex is intended to provide moderate to higher intensity neighborhood development for a variety of housing choices. The proposed development relies on a density bonus under California Government Code Sections 65915 – 65918 and reserves 20 percent of the total dwelling units for very low income qualifying families/individuals. The 412 proposed dwelling units on the project site are deemed to be consistent with these density thresholds. The proposed residential development is deemed compatible with the surrounding uses established under the City’s 2016 General Plan. The north side of Hovley Lane includes Resort and Entertainment uses. To the east, the project is bordered by Town Center Neighborhood uses, while neighboring properties to the south and west consist of Golf Course and Resort Neighborhood uses. No conflicts with the General Plan conditions or implementation are expected. The SCAQMD develops rules and regulations, establishes permitting requirements for stationary sources, inspects emission sources, and enforces such measures through educational programs or fines, when necessary. The SCAQMD is directly responsible for reducing emissions from stationary, mobile, and indirect sources. In March of 2017, SCAQMD released the most current Final Air Quality Management Plan (2016 AQMP), which is a publicly available regional blueprint for achieving the federal air quality standards. The The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 21 2016 AQMP includes both stationary and mobile source strategies to ensure that the approaching attainment deadlines are met and public health is protected to the maximum extent feasible. As with every AQMP, a comprehensive analysis of emissions, meteorology, atmospheric chemistry, regional growth projections, and the impact of existing control measures is updated with the latest data and methods. Land use designation considerations are an important component of the AQMP development. The 2016 AQMP provides local guidance for the State Implementation Plans (SIP), which establishes the framework for the air quality basins to achieve attainment of the state and the National Ambient Air Quality Standards (NAAQS). A project is consistent with the 2016 AQMP if (1) the proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP; and (2) the project will not exceed the assumptions in the AQMP based on the years of project build-out phase. Specific construction and operational emissions are analyzed in the following section. As discussed below, the unmitigated peak day air pollutant emissions during the construction phase with the highest projected emissions are not projected to exceed any of the applicable SCAQMD significance thresholds for short-term construction related emissions, and none of the projected daily emissions of the six criteria pollutants are expected to exceed the SCAQMD thresholds of significance associated with long-term operations impacts. Therefore, the project will not result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay the timely attainment or air quality standards or the interim emissions reductions specified in the AQMP, thus satisfying the first criterion. As to the second criterion, the project will not require a General Plan Amendment. Page 4.3-8 in the City’s General Plan EIR found that adoption and implementation of the City of Palm Desert’s General Plan policies and programs, including land use designations, would comply with the regional Air Quality Management Plan (AQMP). The measures of compliance include consistency with AQMP growth forecasts and consistency with the AQMP control measures, as outlined in page 4.3-9 in the General Plan EIR. Project land uses that are consistent with local General Plans are considered consistent with the air quality related plans and attainment efforts included in the AQMP, the PM10 CVSIP and other relevant regional plans. Chapter 4.3 (Air Quality) of the Palm Desert General Plan EIR includes analysis of the General Plan’s consistency with the growth and emissions forecast upon which the AQMP is based, and with the applicable AQMP control measures. The project is expected to be consistent with the General Plan and therefore consistent with the growth assumptions and applicable control measures as discussed below. Consistency with AQMP Growth Forecast Vehicle use, energy consumption, and associated air pollutant emissions are found to be directly related to population growth. A project may be inconsistent with the AQMP if it would generate population, housing or employment growth exceeding the forecasts used in the development of the AQMP. According to Southern California Association of Governments (SCAG) growth forecasts cited in the GP EIR, Palm Desert is expected to have a resident population of 61,700 in 2040. The full development facilitated by the proposed City’s General Plan land uses, including the project, would add an estimated 11,905 permanent residents between 2012 and 2040, bringing the city’s total population to 61,691, which is within SCAG’s 2040 population forecasts of 61,700 from the 2016 RTP/SCS (SCAG 2016). As analyzed in the Population and Housing section of this Initial Study, build-out of the proposed project could add a population of 865 people to the project area, which is below the 2040 population forecast and the estimated City-wide increase in population expected by 2040. Moreover, the project site is within an area that is fully served by existing infrastructure, public services and utilities. Therefore, project implementation would not result in population growth outside of the City boundaries. As such, project implementation will not exceed or conflict with the General Plan growth assumptions and the SCAG growth assumptions which were factored into the AQMP Growth Forecasts. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 22 Consistency with AQMP Control Measures Consistency with the 2012 AQMP and subsequent 2016 AQMP is also a function of consistency with applicable AQMP control measures. The AQMP includes specific control measures to reduce air pollutant emissions in order meet federal and state air quality standards. One of the most important methods the AQMP relies on to achieve its goals is the use of emission control measures. As described in the 2016 General Plan EIR, many of the control measures toward meeting the air quality standards focus on incentives, outreach, and education to bring about emissions reductions. Many of these apply to regional planning efforts. The proposed development, being consistent with the land use and growth assumptions established in the regional plans, is not expected to conflict with the regional or local control measures. Furthermore, the proposed project is consistent with the Policies and Implementation Programs found within the 2016 GP EIR GHG analysis (pages 4.4-5 through 4.4-14) and outlined in the Greenhouse Gas Emissions section of this Initial Study. Less than significant impacts are anticipated relative to conflict with or obstruction of implementation of the applicable air quality plan following the implementation of standard conditions. b) Less Than Significant Impact. An impact is potentially significant if concentration of emissions exceed the State or Federal Ambient Air Quality Standards. Based on Table 2-4 of the Final 2016 AQMP, the two primary pollutants of concern in the Coachella Valley including the City of Palm Desert are ozone (O3) and particulate matter (PM10 and PM2.5). The project site is located within the Salton Sea Air Basin, which has been designated by the California Air Resources Board as a nonattainment area for ozone (8-hour standard) and PM10. Violations of the air quality standards for ozone are impacted by pollutant transport from the South Coast Air Basin. Ozone (O3) is described in the Final 2016 AQMP as being formed when byproducts of combustion react in the presence of ultraviolet sunlight. This process occurs in the atmosphere where oxides of nitrogen combine with reactive organic gases, such as hydrocarbons, in the presence of sunlight. Ozone is a pungent, colorless, toxic gas, and a common component of photochemical smog. Although also produced within the Coachella Valley, most ozone pollutants affecting the Valley are transported by coastal air mass from the Los Angeles and Riverside/San Bernardino air basins, thereby contributing to occasionally high local ozone concentrations. Particulate Matter (PM10 and PM2.5) is described in the Final 2016 AQMP as consisting of fine suspended particles of ten microns or smaller in diameter, and are the byproducts of road dust, sand, diesel soot, windstorms, and the abrasion of tires and brakes. The elderly, children and adults with pre-existing respiratory or cardiovascular disease are most susceptible to the effects of Particulate Matter. The SCAQMD has established significance thresholds for specific pollutants on individual projects (SCAQMD, CEQA Air Quality Handbook, November 1993, page 6-2). These thresholds related to project construction and long term operations are shown in the Mass Daily Thresholds table below. Project effects would be considered significant if the emissions exceed these thresholds. Project effects would also be considered potential significant if emissions affected sensitive receptors such as schools or nursing homes, or if the project conflicted with the regional AQMP and/or local air quality plans. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 23 Table III-1 The following table illustrates SCAQMD’s Air Quality Significance Thresholds: Emission Source CO VOC NOx SOx PM10 PM2.5 Construction or Operation (Pounds/Day) 550 75 100 150 150 55 Source: Air Quality Analysis Guidance Handbook, Chapter 5. Prepared by the South Coast Air Quality Management District. www.aqmd.gov/ceqa/hndbk.html The California Emissions Estimator Model (CalEEMod Version 2016.3.1; Released in September of 2016) was utilized to estimate the short-term construction-related emissions of criteria air pollutants and greenhouse gas emissions that would be associated with the construction activities necessary to implement the proposed Project. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. The model quantifies direct emissions from construction and operation activities (including vehicle use), as well as indirect emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use, modeling results for this project are included as Appendix C of this Initial Study. The model was developed for the California Air Pollution Officers Association (CAPCOA) in collaboration with the California Air Districts. Default data (e.g., emission factors, trip lengths, meteorology, source inventory, etc.) have been provided by the various California Air Districts to account for local requirements and conditions. Based on the most current project information available in the architectural plans and the Preliminary Grading Plan (Appendix B and F), the construction and operation parameters involved 412 dwelling units (apartments), 724 paved parking spaces, and a recreational facility (clubhouse) of 9,100 square feet. An estimated total of 276 dwelling units would be configured in eight (8) three-story buildings, while 136 dwelling units would be configured in seven (7) two story buildings. The project population factor (866 persons) is estimated based on the City’s average household size of 2.1. The project-specific information entered into CalEEMod is shown below. Additional project characteristics include the proper climate zone, urbanization setting, operational year, and utility company, all included in Appendix C. CalEEMod Project Characteristics Land Use Metric Size Parking Lot Space 724 Apartments Low Rise (2-Story) Dwelling Unit 136 Apartments Mid Rise (3-Story) Dwelling Unit 276 User Defined Recreational (Clubhouse) Area 9,100 CalEEMod uses default construction parameters where project-specific information is not available. The default data calculations are built into the CalEEMod program and the extensive supporting documentation for those models is publicly available through the AQMD web site. The Preliminary Grading Plan prepared for this project includes Preliminary Earthwork Estimates, including raw cut and raw soil fill volumes necessary to convert the current topography to a graded condition for development. The earthwork calculations also factor soil subsidence, shrinkage and over-excavation losses. The Preliminary Grading Plan indicates that when factoring the spoils from foundation thickness, pools, trenching, underground retention facilities, and an adjustment of approximately 0.6-ft grade adjustment, the soil volumes will be balanced and no import or export will take place. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 24 The SCAQMD requires any emission reductions resulting from existing rules or ordinances to be included as part of the unmitigated project emissions. Those measures that are legally mandated and therefore required of all developments by applicable ordinances, rules, and regulations are not considered mitigation. Once the unmitigated project emissions have been determined, additional mitigation measures may be applied to reduce any potentially significant air quality impacts to the maximum extent feasible and identify the net project emissions. During grading operations, which represents the phase when the most amount of fugitive dust can be generated, the unmitigated peak daily emission of fugitive dust (PM10) is expected to be approximately 6.66 pounds. The approximate amount of smaller particulate matter (PM2.5) peak emissions is 3.38 pounds. Title 24, Chapter 12 of the Palm Desert Municipal Code outlines the minimum requirements for construction activities to reduce man-made fugitive dust and corresponding PM10 emissions. The City will require the preparation of a Fugitive Dust Control Plan identifying the fugitive dust sources at the site and the work practices and control measures proposed to meet the City of Palm Desert minimum performance. These standards are consistent with SCAQMD Rule 403 and 403.1 and require implementation of Coachella Valley Best Available Control Measures (CVBACM), as identified in the Coachella Valley Fugitive Dust Control Handbook published by SCAQMD. Fugitive dust control measures that are required to comply with the City Municipal Code are generally not considered mitigation by the SCAQMD. Similarly, compliance with applicable SCAQMD Rules and Regulations is not considered mitigation by the SCAQMD. Table III-2 Air Pollutant Emissions Associated With Construction of the Proposed Project (Pounds/Day) ROG NOx CO SO2 PM10 PM2.5 Total Emissions 45.1254 (Summer) 61.0582 (Winter) 47.5209 (Summer) 0.0888 (Summer) 9.4358 (Summer) 5.8520 (Summer) SCAQMD Threshold 75 100 550 150 150 55 Threshold Exceeded No No No No No No Table III-3 Operational Air Pollutant Emissions Associated With Development of the Project (Pounds/Day) Table III-2 summarizes the unmitigated short-term emissions of the six criteria pollutants associated with the construction activities required to implement the proposed project. The term unmitigated indicates that the emissions values do not rely on reduction measures; therefore they are the most conservative metrics. Peak day emissions estimates are provided by construction phase type and reflect activities in the season or year with the highest daily emissions modeling data included in this report. Construction-related emissions include site preparation, grading, building construction, paving and application of architectural coatings. Site preparation involves an approximate duration of 10 days, grading involves an approximate duration of 30 Emission Source ROG NOx CO SO2 PM10 PM2.5 Total Area, Energy Use, Mobile Sources 20.3371 (Summer) 68.0947 (Summer) 121.4465 (Summer) 0.2919 (Summer) 14.4093 (Winter) 4.5044 (Winter) SCAQMD Threshold 75 100 550 150 150 55 Threshold Exceeded No No No No No No The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 25 days, building construction includes an approximate duration of 300 days, paving is expected to last 20 days, while architectural coating will occur intermittently at the completion of each building. As shown, the unmitigated peak day air pollutant emissions during the construction phase with the highest projected emissions are not projected to exceed any of the applicable SCAQMD significance thresholds for short-term construction-related emissions. Operational emissions for fully built-out land use development fall into three categories: (1) area sources, (2) energy use, and (3) motor vehicle use. The sources of the operational emissions associated with the project include on-road mobile vehicle traffic generated by the land uses; architectural coating activities; landscaping equipment; use of consumer products, parking lot degreasers, fertilizers/pesticides, and cleaning supplies; natural gas usage in the buildings; electricity usage in the buildings; electricity usage from lighting in parking lots and lighting, ventilation and elevators in parking structures; water usage per land use; and solid waste disposal per land use. Moreover, none of the projected daily emissions of the six criteria pollutants are expected to exceed the SCAQMD thresholds of significance associated with long-term operational impacts. An LST analysis is provided in sub-section e). Based upon the projected emissions of the criteria air pollutants, the proposed project would have less than significant impacts relative to short term and long-term impacts to air quality. c) Less than Significant. Per Table 2-4 of the Final 2016 AQMP, the Coachella Valley is designated by the California Air Resources Board as nonattainment for ozone, based on exceedances of both the state 1-hour and 8-hour standards; and for PM10, based on exceedances of the state 24-hour and annual average standards. Adherence to the SCAQMD rules and regulations and compliance with locally adopted AQMP and PM10 State Implementation Plan control measures will help reduce the pollutant burden contributed by the individual development project. Appropriate air quality measures are required by the City of Palm Desert and implemented through enforcement of the Palm Desert Municipal Code (Title 24, Chapter 12) consistent with SCAQMD Rules 403 and 403.1. As mentioned, relative to PM10 threshold exceedance, construction associated with a future project will be required to adhere to the City’s Fugitive Dust and Erosion Control policies and ordinance to minimize potential temporary construction related emissions. An approved Fugitive Dust (PM10) Control Plan will be required prior to issuance of a grading permit. Implementation of the Fugitive Dust Control Plan is required to occur under the supervision of an individual with training on Dust Control in the Coachella Valley (Rule 403 and 403.1). The plan will include methods to prevent sediment track-out onto public roads, prevent visible dust emissions from exceeding a 20-percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. The most widely used measures include proper construction phasing, proper maintenance/cleaning of construction equipment, soil stabilization, installation of track-out prevention devices, and wind fencing. Project-related short-term construction and long-term operational emissions are not expected to exceed the SCAQMD mass daily regional significance thresholds. The fact that the project’s emissions would not exceed applicable SCAQMD thresholds indicates the project impacts in these regards would be less than significant on an individual basis, and under SCAQMD significance criteria, would not be cumulatively considerable. Further CEQA Guidelines Section 15064(h)(3) stipulates that for an impact involving a resource that is addressed by an approved plan or mitigation program, the lead agency may determine that a project’s incremental contribution is not cumulatively considerable if the project complies with the adopted plan or program. In addressing cumulative effects for air quality, the AQMP is the appropriate document to use because it sets forth a comprehensive program that will lead the Basin, including the project area, into compliance with all federal and State air quality standards. As previously discussed at preceding section 3(a), the project is consistent with the AQMP. Therefore, the residential project is not expected to result in a cumulatively considerable net increase of NOx and ROG emissions during construction activities. Less than significant impacts are anticipated. d) Less than Significant. Sensitive receptors are facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 26 illnesses. Land uses considered by the SCAQMD to be sensitive receptors include residential, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, child-care centers, retirement homes, and athletic facilities among others. The project occurs in a locale that includes residential uses and the James Earl Carter Elementary School, all of which are deemed to include sensitive receptors. The project’s future resident population would also be considered a sensitive receptor. During construction, the project is expected to produce temporary and localized emissions, which based on the modeling results would not exceed the SCAQMD mass thresholds of significance. As previously discussed, the project applicant is required to comply with Chapter 24.12 (Fugitive Dust (PM10) Control) of the City of Palm Desert Municipal Code by preparing a project-specific dust control plan. The plan will outline required activities and best management practices for preventing or reducing temporary emissions from reaching any substantial concentrations. Dust control measures include a temporary fence with a wind screen to prevent propagation of emissions, utilizing properly maintained equipment, maintaining stabilized soil through water or soil binder application, and constructing track-out prevention devices at construction access points. At any point during construction, the project will be required to prevent sediment track-out onto public roads, visible dust emissions from exceeding a 20-percent opacity, and visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. These standard requirements are consistent with the SCAQMD Rule 403 and 403.1 and the Coachella Valley Best Available Control Measures (CVBACM), as identified in the Coachella Valley Fugitive Dust Control Handbook. Fugitive dust control measures that are required to comply with the City Municipal Code are generally not considered mitigation by the SCAQMD. Similarly, compliance with applicable SCAQMD Rules and Regulations is not considered mitigation by the SCAQMD. Moreover, construction management activities, including the Fugitive Dust Control Plan and Storm Water Pollution Prevention Plan (SWPPP), must be designed to minimize disruption to the James Earl Carter Elementary School. In particular, the construction management team must properly identify the existing location of school facilities and situate the temporary construction access and on-site staging locations with the greatest possible separation from the elementary school boundary, its classrooms and playgrounds. During the life of the project, activities and operations related to the proposed project is not expected to generate emissions concentrations that exceed the SCAQMD mass thresholds. A Localized Significance Thresholds (LST) analysis has been prepared for this project. The purpose of analyzing LSTs is to determine whether a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptor(s). Air quality sensitive receptors include, but are not limited to, schools, churches, residences, hospitals, day care facilities, and elderly care facilities. The nearest sensitive receptors to the project include one (1) school (James Earl Carter Elementary School) and seven (7) detached residences to the west; fourteen (14) mobile homes to the south; and the westernmost portions of six (6) apartment buildings to the east. These receptors are located within 25 meters (82 feet) of the project. The analysis makes use of methodology included in the SCAQMD Final Localized Significance Threshold Methodology (Methodology). The SCAQMD has established that impacts to air quality are significant if there is a potential to contribute or cause localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS). Collectively, these are referred to as Localized Significance Thresholds (LSTs). It is worth noting that the methodology is guidance and voluntary for projects that are less than or equal to 5 acres. It is recommended that proposed projects larger than five acres perform project-specific air quality modeling, which has been done as part of this Initial Study and the results are included in Tables III-2 and III-3. The project of 18.13 acres is larger than the 5-acre thresholds utilized in LST analyses, so the methodology involves dividing the total project area into 5-acre increments for comparison. For reference, each 5-acre increment represents approximately 28 percent of the entire project area. SCAQMD has developed mass rate look-up tables for each Source Receptor Area (SRA), which can be used to determine whether or not a project may generate significant adverse localized air quality impacts during The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 27 construction. The project is located in SRA 30, which covers the Coachella Valley. LST mass rate look-up tables help determine localized air quality impacts. The distance from the emission source and the maximum daily site disturbance are also factors in the screening analysis. The applicable emissions of concern are nitrogen oxides (NOx), carbon monoxide (CO), particulate matter equal to or less than 10 microns in diameter (PM10), and particulate matter equal to or less than 2.5 microns in diameter (PM2.5). Geographic Information Systems (GIS) mapping and analysis were implemented to identify all potential receptors at the shortest distance interval, which is 25 meters (82 feet). These receptors include James Earl Carter Elementary School and seven (7) detached residences to the west; fourteen (14) mobile homes to the south; and the westernmost portions of six (6) apartment buildings to the east. These receptors are shown in Exhibit 8 Map of Localized Significance Threshold Analysis. As a conservative approach to the methodology, all of these receptors were included in the analysis. According to LST Methodology, any receptor located closer than 25 meters (82 feet) shall be based on the 25 meter thresholds. CalEEMod was utilized to determine the maximum daily on-site emissions that will occur during any phase of construction activity. As a conservative approach to the methodology, the peak emissions resulting from construction activities on the entire site were screened for LST compliance. These numbers are greater than peak emissions resulting from smaller 5-acre increments and therefore represent the worst-case condition pertaining to LST. The data provided in Table III-4 shows that none of the analyzed criteria pollutants would exceed the calculated local emissions thresholds at the nearest sensitive receptors, even when construction activities occur on the entire project. Therefore, a less than significant local air quality impact would occur from construction of the proposed project. The proposed project involves the construction and operation of residential units. According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project, if the project included stationary sources, or attracted mobile sources that may spend long periods queuing and idling at the site (e.g., transfer facilities and warehouse buildings). The proposed project does not include such uses, and thus, due to the lack of significant stationary source emissions, no long-term localized significance threshold analysis is needed. Less than significant impacts are anticipated. Table III-4 Localized Significance Thresholds (LSTs) Associated with Construction of the Proposed Project With Receptors at 25 Meters (82 Feet), 5-Acre Area Increments (In Pounds/Day) e) Less than Significant. Objectionable odors can be associated with toxic or non-toxic emissions. While offensive odors seldom cause physical harm, they can be unpleasant and lead to considerable annoyance and distress among the public. The SCAQMD has certain types of facilities and operations that tend to produce offensive odors. Examples of such facilities that commonly generate odors include wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, and food packaging facilities. Certain Emission Source NOx CO PM10 PM2.5 Maximum Unmitigated Emissions Resulting from Site Preparation, Grading, Building Construction, Paving and Architectural Coating (Rounded Value) 61 48 9 6 LST 2,292 304 14 8 Threshold Exceeded No No No No Sources: CaleeMod Results and AQMD LST Look-Up Tables The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 28 facilities, land uses and populations are considered more likely to experience concern over odors. These include retirement homes, residences, schools, playgrounds, child-care centers, and athletic facilities among others. The proposed project is not expected to generate objectionable odors during any of the phases of construction or at project buildout. The proposed project has the potential to result in minimal short term odors associated with asphalt paving and use of construction equipment. Specifically, pavement installation is expected to take place for a time frame of 20 or fewer days, with active work areas and operating equipment moving with the progress of installation. Asphalt installation and maintenance is a prevalent activity that routinely takes place on public streets and on private paved surfaces. Odors resulting from asphalt installation would be detectable in localized active areas and quickly dispersed as distance from the construction site increases. Specifically, there is an existing separation of approximately 62 feet between the nearest existing residential structure within the Canterra Apartments and the shared property line. The nearest distances from existing residential structures on the south and west project boundaries are approximately 30 feet and 6 feet respectively. Short- term odors would be attenuated by the solid block wall separating the project from adjoining properties. Therefore, impacts from objectionable odors are expected to be less than significant. The proposed residential project is not located near any type of facility known to generate objectionable odors and the proposed residential development will not introduce facilities that would generate objectionable odors affecting a substantial number of people. The future residential uses would involve minor, odor-generating activities, such as backyard barbeque smoke, lawn mower exhaust, and application of exterior paints from home improvement activities. These types and concentrations of odors are typical of residential communities and will be subject to restrictions established in the community association. Therefore, less than significant impacts are anticipated. Mitigation: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 29 4. BIOLOGICAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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 Wildlife 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, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Less than Significant with Mitigation. In December 2016, Helix Environmental Planning, Inc. conducted a Project specific Biological Resource Impact Analysis for the 18.13 acre site. The biological survey and analyses were designed to ascertain the impacts of proposed development on the potential biological resources of the Project site and immediate vicinity, as mandated by CEQA and required by the City of Palm Desert. Survey methodology included reviews of literature and institutional records to determine the possible occurrence of sensitive species. A biological field survey was conducted on December 26, 2016 to document the existing conditions. The report states the site is an undeveloped vacant lot and consists of a sand dune community, scattered native shrubs and weedy vegetation. Soils on the site consist of Myoma fine sand and the site is primarily void of vegetation. The report states that no sensitive plant communities occur on or within the immediate vicinity of the Project site. The desert sand dune habitat on the project site provides marginally suitable habitat for Coachella Valley milk-vetch. However, none was observed on the Project site. Sensitive wildlife included those species listed as engendered or threatened by the United States Fish and Wildlife Service (USFWS) or California Department of Fish and Wildlife (CDFW), and also includes California Species of Special Concern as designated by CDFW. The project site and surrounding area provide habitat for wildlife species that commonly occur in sand dune and ornamental communities. No amphibian, reptilian, or mammalian species were observed or detected during the field survey. Per the Project report no migratory birds were observed on the project site and no nests or nesting activity was observed during the field survey. The Study concludes the while no sensitive plant species or wildlife was The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 30 observed, the project site’s sand dune habitat is marginally suitable habitat for the milk-vetch and the Coachella Valley fringe-toed lizard. Both of these species are covered under the CVMSHCP. The shrubs located on and within the immediate vicinity of the Project site provide suitable nesting habitat for several avian species. Therefore, pursuant to the Migratory Bird Treaty Act, project construction should be conducted outside of the nesting season (February through August), to avoid impacts to nesting birds. Additionally, any construction activities that occur during the nesting season will require a clearance survey from a qualified biologist. The study concluded that no adverse significant impacts to biological resources in the region are expected to result from Project implementation. Therefore, less than significant impacts to are expected to species identified as candidate, sensitive, or special status species in local of regional plans, policies, or regulations, or by the CDFW and USFWS, following the recommended mitigation listed below: Mitigation Measure: Mitigation measures are required to reduce the potentially significant impact related to biological resources. The following mitigation measure is required: BIO-1: The applicant shall ensure that any construction activities that occur during the nesting season (February through August) will require that all suitable habitats be thoroughly surveyed for presence of nesting birds by a qualified biologist before commencement of clearing. If any active nests are observed, construction activities must be prohibited within a 500-foot buffer around the nest until the nestlings have fledged. All construction activity within the vicinity of active nests must be conducted in the presence of a qualified biological monitor. Construction activity may encroach into the buffer area at the discretion of the biological monitor. Responsible Party: City Planning Staff, Project Developer Schedule: Prior to grading and other ground disturbing activities b) No Impact. The biological survey performed on the Project property did not find any on-site naturally occurring springs, permanent aquatic habitats, drainages, or other sensitive natural communities identified in local or regional plans, policies, and regulations or the CDFW or the USFWS. No blue line steam or desert washes were found within the project boundaries. As a result of the absence of significant wash or riparian vegetation, absence of other sensitive natural communities, no impacts are expected. c) No Impact. Per the project specific biological report, the project site does not contain federally protected wetlands, mashes or other drainage features. As a result, implementation of the project would not result in the direct removal, filling or other hydrological interruption to any of these resources. The project will be designed with stormwater facilities that, during the life of the project, will comply with the City’s drainage requirements by preventing the discharge and transport of untreated runoff associated with the Project. A project specific Water Quality Management Plan (WQMP) is expected to be prepared to ensure that the project does not contribute to pollutants of concern in any project storm runoff. No impacts are expected. d) Less than Significant Impact. The biological assessment did not observe any migratory wildlife corridors or native wildlife nursery sites on the project or adjacent properties. The project area is currently an undeveloped vacant lot with scattered native shrubs and weedy vegetation. The project site is surrounded by development on all sides and is not located near any existing drainages that would support wildlife corridors nor is it located in a known wildlife corridor. However, as mentioned, a migratory bird survey will be conducted. Therefore, the proposed project will not interfere with movement of any native resident or migratory fish or wildlife species or impede a wildlife nursery and no impacts are expected. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 31 e) No Impact. The Project site is vacant with scattered vegetation and Project implementation would not result in demolition or tree removal. The project will comply with the CVMSHCP and there are no other unique local policies or ordinances protecting biological resources that would cause a conflict nor does the site support high value biological resources that could be affected. Additionally, the proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance and no impacts are anticipated. f) Less than Significant Impact. The Project lies within the boundary of the CVMSHCP which outlines policies for conservation of habitats and natural communities and is implemented by the City of Palm Desert. The project site is not located within a Conservation Area under this plan and there are no known significant biological resources on the project site. The CVMSHCP implements a habitat mitigation fee for new development to support the acquisition of conservation lands, to be paid to the City. Therefore, the proposed project will comply with all required plan provisions and pay the required mitigation fee in conformance with the CVMSHCP and City Ordinance. Less than significant impacts are anticipated. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 32 5. CULTURAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a) No Impact. The Project is located on approximately 18.13 acres of undeveloped land in the City of Palm Desert. The Project site is zoned Planned Residential P.R.-17.5 (17.5 du/ac). The Project specific Cultural Resource study prepared by Helix Environmental Planning, Inc. found no evidence of settlement or land development activities on or near the project area. The research methods performed by Helix as part of this assessment includes a records search, Native American scoping, historical background research and pedestrian field survey. According to the Eastern Information Center (EIC) records search, three (3) cultural resource sites have been recorded within the search radius of the Project site. One National Register structure is within the 1-mile search radius. Additionally, fourteen (14) area-specific survey reports are on file with the EIC for the search radius, none include the project area. This suggests the project area has not been previously surveyed. The field survey results were negative for cultural resources. The project site was inspected for any evidence of prehistoric or historic periods, but none was found. Portions of the parcel covered in concrete or asphalt which provided no visibility, such as the walkways along Hovely Lane East, were not examined. No buildings, structures, objects, sites, features, or artifacts more than 50 years of age were encountered. Additionally, Native American input during this study did not identify any sites of traditional cultural value in the vicinity. Therefore, there are no recognizable potential historic resources, as defined in Section 15064.5 of the CEQA guidelines that would be adversely affected by the proposed project. This includes any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant and no impacts are anticipated. b) Less than Significant with Mitigation. Archaeological resources are described as cultural resources, such as structures of objects that provide evidence to past human activity. They are important for scientific, historic, and or religious reasons to cultures, communities, groups or individuals. As previously discussed, Helix conducted a project and site specific study on historical and archaeological resources. The assessment included records searches, Native American scoping, historical background research, and field survey. The field survey did not encounter onsite buildings or structures. Outside of the project area but within a one-mile radius, three (3) historical/archaeological sites were previously recorded. Furthermore, the Native American Heritage Commission (NAHC) sacred land record search did not indicate the presence of Native American resources within a half-mile radius of the project. The NAHC recommended that additional local Native Tribes be contacted for further information. Upon receiving the NAHC’s response, Helix sent written requests for comments to 31 Tribal individuals. Only the Agua Caliente Band of Cahuilla Indians has responded and indicates that the project site is not within the boundaries of the ACBCI Reservation, however, it is within the Tribes Traditional Use Area (TUA). They have requested copies of the The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 33 Cultural report and any records research in addition to Native American Cultural Resource Monitoring. Therefore, less than significant impacts are expected following the required mitigation measures. Mitigation Measure: Mitigation measures are required to reduce the potentially significant impact related to cultural resources. The following mitigation measures are required: CR-1: If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the cost of, the applicant to identify the resource and recommended mitigation if the resource is culturally significant. The archaeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Aqua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register. CR-2: The presence of an approved Native American Cultural Resource Monitor(s) shall be required during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the monitor may request that destructive construction halt and the monitor shall notify a qualified archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the Agua Caliente Tribal Historic Preservation Office (THPO). The archaeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of Riverside and the Agua Caliente THPO for permanent inclusion in the Agua Caliente Cultural Register. Responsible Party: City Planning Staff, Project Developer Schedule: During grading and other ground disturbing activities c) Less than Significant Impact. Paleontological resources are fossilized remains of plants, animals and associated deposits. The lakebed of Holocene Lake Cahuilla has produced many paleontological resources generally containing freshwater mollusks of Holocene age. Per the Riverside County Land Information System, the property is recognized as having low potential for Paleontological Sensitivity. Areas recognized for having low potential have a reduced likelihood for containing significant non-renewable paleontological resources, including vertebrate or significant vertebrate fossils. Therefore, less than significant impacts to Paleontological resources are expected. d) Less than Significant Impact. The project is not expected to affect any human remains, including those interred outside of formal cemeteries. As previously discussed, a field survey of the project site did not show any evidence of human activities dating to prehistoric or historic periods, and no other sites, features, artifacts, or built environment features were encountered. Pursuant to Section 7050.5 of the California Health and Safety Code and CEQA Guidelines Section 15064.5, state law requires that in the event of discovery or recognition of any human remains in any located other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area until the County Coroner has examined the remains. If the coroner determines that the remains are not recent and may be Native American, in accordance with Public Resource Code 5097.94, the coroner will notify the Native American Heritage Commission (NAHC) within 24 hours of the find. Therefore, the project will comply with State law and less than significant impacts relative to human remains are expected. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 34 6. GEOLOGY AND SOILS -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Expose people or structures to 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 risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a) i. No Impact. This site is not located within an Alquist-Priolo Fault Zone, nor are there active faults located on- site. According to the Geotechnical Report the site is located approximately 5.8 miles southwest of the South Branch of the San Bernardino Mountains segment of the San Andreas Fault system (the Banning Fault portion.) Impacts associated with fault rupture on the project site are not expected. ii. Less than Significant Impact. Strong ground shaking is the geologic hazard that has the greatest potential to severely impact the Palm Desert planning area. Major faults in the region, such as the San Andreas and San Jacinto faults, have the potential to produce strong seismic shaking in Palm Desert and its vicinity. According to the General Plan Update EIR, six historic seismic events have significantly affected the Coachella Valley region in the past 100 years. The Palm Desert Technical Background Report (TBR) indicates that the last major earthquake to occur on the southern San Andreas was the Hector Mine Earthquake that occurred on October 16, 1999, and was measured a magnitude M 7.1. All structures in the planning area will be subjected to this shaking, and could be seriously damaged if not properly designed. The proposed project will result in habitable structures, thus increasing the exposure of people to risks associated with strong seismic ground shaking. The City requires that all new construction meet the standards of the Uniform Building Code for Seismic Zone 4. In 2002 and 2008, the California Geological Survey (CGS) and the USGS completed probabilistic seismic hazard maps. EarthSystems used these maps in the evaluation of the seismic risk at the site. The The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 35 recent Working Group of California Earthquake Probabilities estimated a 59% conditional probability that a magnitude 6.7 or greater earthquake may occur between 2008 and 2038 along the southern segment of the San Andreas Fault and 31% for the San Jacinto fault. The development recommendations set forth in the site specific Geotechnical Report will ensure the geotechnical feasibility and safety of the proposed project. All plans will be reviewed and approved by the City to ensure compliance with construction standards. These requirements are designed to reduce impacts related to strong ground shaking to less than significant levels. iii. Less than Significant Impact. The GP EIR states that according to the Riverside County Land Use Information System (2014), the majority of the City is located in an area susceptible to moderate liquefaction potential. Liquefaction susceptibility in the City is based on sediment type, depth to groundwater, and proximity to the San Andreas Fault. The TBR indicates that liquefaction occurs primarily in saturated and loose, fine- to medium-grained soils and where groundwater lies within 30 feet of the surface, but it may also occur in areas where groundwater lies up to 50 feet beneath the surface. The Geotechnical Report indicates that liquefaction is the loss of soil strength from sudden shock (usually earthquake shaking), causing the soil to become a fluid mass. Liquefaction describes a phenomenon in which saturated soil loses shear strength and deforms as a result of increased pore water pressure induced by strong ground shaking during an earthquake. If liquefaction would occur, lateral spreading might be a hazard in an area adjacent to a defined channel. The Report further states that factors known to influence liquefaction include depth to groundwater (within 50 feet of the ground surface), soil type, structure, grain size, relative density, confining pressure, depth to groundwater, and the intensity and duration of ground shaking. Soils most susceptible to liquefaction are saturated, loose sandy soils and low plasticity clay and silt. These soil types are present throughout the site area. Current and historic groundwater depths at the site area are greater than approximately 85 feet below the existing ground surface. Liquefaction is typically limited to the upper 50 feet of the subsurface soils. Additionally, no perched conditions were observed and the potential for perched conditions is considered to be low. The results of the analyses indicate that historic groundwater depth is below 50 feet and therefore, according to Earth Systems, the liquefaction potential is low. Adherence to the standard design requirements for seismic zone 4 and recommendations within the Geotechnical Report will ensure impacts related to liquefaction are reduced to less than significant levels. iv. Less than Significant Impact. The City of Palm Desert TBR (Figure 7.5) indicates that potential landslide hazard is primarily located in hillsides or mountainous areas of the southernmost portions of the City. The project is located in a central area of the City that is not designated as having landslide susceptibility. The areas of the proposed project are largely characterized by flat to gently rolling topography associated with partially disturbed native desert conditions. Impacts are anticipated to be less than significant. b) Less than Significant Impact. According to the GP EIR Palm Desert is susceptible to wind erosion and hazards associated with wind erosion. The sand dunes along Interstate 10 and the Whitewater River are the two most significant sources of wind-blown sand in the planning area. Figure 7.2 of the TBR indicates that the property is located in an area with a Very High Wind Erodibility Rating. The project will involve ground disturbance, which has the potential to increase soil erosion. The project contractor will be required to implement a PM10 Fugitive Dust Control Plan per SCAQMD Rule 403.1 that is submitted and reviewed as part of the grading permit process to minimize potential impacts caused by blowing dust and sand during construction. Procedures set forth in said plan will ensure that potential erosion is controlled during the construction process. Once completed, the project area will consist of stabilized surfaces, which will resist The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 36 erosion and protect improvements. Implementation of this standard condition will work to reduce wind-borne erosion. A common BMP that will be required as a standard condition is pre-watering of site soils (including dunes) to the depth of the grading cut. Another common BMP is that soil moisture shall be maintained during active grading activities. These and other BMPs included in the required PM10 Fugitive Dust Control Plan will work to reduce windborne fugitive dust caused by earth movement to the greatest extent possible. Additionally the proposed project is surrounded by developed property, which offers protection from wind impacts. See Air Quality section of this document for further discussion. Less than significant impacts are anticipated. c) Less than Significant Impact. The GPU EIR indicates that subsidence refers to the sudden sinking or gradual downward settling and compaction of soil and other surface materials with little or no horizontal motion. The discussion further states that it does not appear that expansive clays or soils exhibiting shrink- swell characteristics underlie the City. The Geotechnical Report indicates that the project site is within a “susceptible” subsidence zone as designated by Riverside County (Riverside County Transportation and Land Management Agency) land information website (RCLIS 2016.)) The Coachella Valley is being studied by the United States Geological Society due to groundwater withdrawal induced ground subsidence. 2009 data suggests that the site is outside the closest Palm Desert subsidence zone. Furthermore, during the course of the analysis, no significant evidence of linear cracking along the peripheries of the site was observed that would be suggestive of tensional stresses or fissuring related to differential areal subsidence. Satellite photograph analysis for lineaments was also performed to evaluate the presence or absence of fissures. No fissure-related lineaments were observed. Building and seismic code requirements assure that the potential site specific impact associated with ground subsidence is reduced to less than significant levels through site preparation techniques such as ground compaction to ensure site soils are stable. Compliance with the project specific Geotechnical Report as well as Standard Conditions relative to grading activities will work to reduce impacts to less than significant. d) Less than Significant Impact. As mentioned previously, the GPU EIR discussion states that it does not appear that expansive clays or soils exhibiting shrink-swell characteristics underlie the City. Additionally the CBC includes common engineering practices requiring special design and construction methods that reduce or eliminate potential expansive soil-related impacts. According to the Geotechnical Report, during laboratory testing and visual observations, site soils were observed to be predominately granular. As such, the Expansion Index of the onsite soils is “very low” as defined by ASTM D 4829. Samples of building pad soils should be tested during grading to confirm or modify these findings. Following implementation of the recommendations within the Geotechnical Report and Standard Conditions, less than significant impacts are anticipated. e) No Impact. The proposed project is surrounded by urbanized development within the City. The proposed project will be required to connect to sanitary sewer lines in the area and no septic systems will be permitted. No impact is expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 37 7. GREENHOUSE GAS EMISSIONS -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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? a-b) Less than Significant Impact. Greenhouse Gas (GHG) is a gaseous compound in the earth’s atmosphere that is capable of absorbing infrared radiation, thereby trapping and holding heat in the atmosphere. Common greenhouse gases in the earth’s atmosphere include: water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone, and to a lesser extent chlorofluorocarbons. Carbon dioxide is the main GHG thought to contribute to climate change. In response to growing concern for long-term adverse impacts associated with global climate change, California’s Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020. In 2016, Governor Jerry Brown signed Senate Bill 32 (SB32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. Human-caused emissions of these GHGs in excess of natural ambient concentrations are believed responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. The 2016 GP EIR further states on page 4.4-2 that emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the transportation, industrial/manufacturing, utility, residential, commercial, and agricultural emissions sectors. The 2016 GP EIR focuses on the three primary sources of energy that are relevant to the City of Palm Desert: electricity, natural gas and transportation fuel for vehicle trips associated with buildout of the General Plan The California Building Standards Commission and the Department of Housing and Community Development developed and adopted the California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), referred to as the CALGreen Code. This program is a statewide mandatory construction code. CALGreen standards require new residential and commercial buildings to comply with required measures under the categories of planning and design, energy efficiency, water efficiency/conservation, material conservation and resource efficiency, and environmental quality. As identified in the 2016 GP EIR, the resultant emissions associated with the Palm Desert General Plan buildout exceeds the 2035 SCAQMD plan-level threshold of 4.1 metric tons per service population. A percentage of GHG emissions would be generated by mobile sources, which is an emission source that cannot be regulated by the City of Palm Desert. A statement of Overriding Considerations was adopted for the greenhouse gas emissions anticipated from the buildout of the General Plan. Chapter 4.4 of the 2016 General Plan EIR, analyzes GHG effects associated with the General Plan build-out. The 2016 General Plan update seeks to reduce the environmental impact (including GHG emissions) of land use development by increasing the viability of walking, biking, and transit by allowing mixed-use projects which provide land use arrangements that reduce reliance on the automobile, and thus reduce GHG emissions, and improve opportunities for pedestrian, bicycle, and transit use. The proposed project is adjacent to an existing Elementary School and is approximately 600 feet west of the City of Palm Desert Soccer Park. The proposed project is approximately 1700 feet west of the United States Post Office. The project is located approximately 0.75 miles west of existing services located near the intersection of Cook Street and Hovley Lane. These services include dining, banking and two small markets. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 38 In addition, an existing bus stop is located approximately 1000 feet west of the proposed project. Sunline Transit provides transportation throughout the Coachella Valley and to the City of Riverside. The project will improve its frontage on Hovley Lane to include a landscaped pedestrian walkway and a bike lane. The walkway will be the final segment of the pedestrian path connecting the existing apartment complex to the east and the existing school to the west, thereby enhancing the safety of pedestrians. The proposed project is consistent with the following Policies found within the 2016 GP EIR GHG analysis that are meant to reduce GHG emissions to the greatest extent practicable (pages 4.4-5 through 4.4-14.) Policies Land Use and Community Character Element Policy 1.3: Traffic generation. Balance medium and high intensity/density development with pedestrian- oriented and bicycle friendly design features so as to maximize trip and VMT reduction. Policy 2.1: Pedestrian focus. Design the streetscape of high volume corridors to balance regional traffic flow with pedestrian movement and safety and the unique physical environment of the area. Policy 2.4: Tree planting. Encourage the planting of trees that appropriately shade the sidewalk and improve the pedestrian experience throughout the city Policy 2.5: Streetscape. Enhance the pedestrian experience through streetscape improvements that could include new street lighting, tree planting, and easement dedications to increase the size of the sidewalks and pedestrian amenities. Policy 2.12: Destination Accessibility. Direct the development of new centers, parks, schools, and similar destinations so as to provide all residences within town ¼ mile to at least two amenities. Policy 3.1: Complete neighborhoods. Through the development entitlement process, ensure that all new Neighborhoods (areas with a “Neighborhood” General Plan Designation) are complete and well-structured such that the physical layout and land use mix promote walking to services, biking and transit use, are family friendly and address the needs of multiple ages and physical abilities. Policy 3.11: Connections to key destinations. Require direct pedestrian connections between residential areas and nearby commercial and public/institutional areas. Policy 3.14: Access to daily activities. Require development patterns such that the majority of residents are within one-half mile walking distance to a variety of neighborhood goods and services, such as supermarkets, restaurants, churches, cafes, dry cleaners, laundromats, farmers markets, banks, hair care, pharmacies and similar uses. Policy 3.1: Pedestrian Network. Provide a safe and convenient circulation system for pedestrians that include sidewalks, crosswalks, place to sit and gather, appropriate street lighting, buffers from moving vehicles, shading, and amenities for people of all ages. Policy 3.4: Access to Development. Require that all new development projects or redevelopment projects provide connections from the site to the external pedestrian network. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 39 Policy 3.2: Prioritized Improvements. Prioritize pedestrian improvements in areas of the city with community and/or education facilities, supportive land use patterns, and non-automotive connections such as multi-use trails and transit stops. Policy 3.6: Safe Pedestrian Routes to School. Consider school access as a priority over vehicular movements when any such conflicts occur. Policy 5.1: Transit Service. Promote public transit service in areas of the City with appropriate levels of density, mix of residential and employment uses, and connections to bicycle and pedestrian networks. Environmental Resources Element Policy 7.1: Affordable housing – green design. Require affordable housing developments to prioritize green building design features that reduce monthly utility costs, enhance occupant health and lower the overall cost of housing. In April 2008, the South Coast Air Quality Management District (SCAQMD), in order to provide guidance to local lead agencies on determining the significance of GHG emissions identified in CEQA documents, convened a “GHG CEQA Significance Threshold Working Group.” The goal of the working group is to develop and reach consensus on an acceptable CEQA significance threshold for GHG emissions that would be utilized on an interim basis until CARB (or some other state agency) develops statewide guidance on assessing the significance of GHG emissions under CEQA. In September 2010, the Working Group released additional revisions that consist of the following recommended tiered approach: Tier 1: consists of evaluating whether or not the Project qualifies for applicable CEQA exemptions. Tier 2: consists of determining whether or not a Project is consistent with a greenhouse gas reduction plan. If a Project is consistent with a greenhouse gas reduction plan, it would not have a significant impact. Tier 3: consists of screening values at the discretion of the lead agency; however they should be consistent for all projects within its jurisdiction. Project-related construction emissions should be amortized over 30 years and should be added back the Project’s operational emissions. The following thresholds are proposed for consideration:  3,000 MTCO2e per year for all land use types or  3,500 MTCO2e per year for residential;  1,400 MTCO2e per year for commercial; or  3,000 MTCO2e per year for mixed-use projects Tier 4: has the following options:  Option 1: Reduce emissions from business as usual by a certain percentage (currently undefined)  Option 2: Early implementation of applicable AB 32 Scoping Plan measures  Option 3: A project-level efficiency target of 4.8 MTCO2e per service population as a 2020 target and 3.0 MTCO2e per service population as a 2035 target. The recommended plan level target for 2020 is 6.6 MTCO2e and the plan level target for 2035 is 4.1 MTCO2e Tier 5: involves mitigation offsets to achieve target significance thresholds The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 40 Page 4.15-34 of the 2016 GP EIR indicates that the City will see an increase of 7,365 households by the General Plan Buildout scenario year of 2040. The Proposed project will contribute 412 dwelling units on 18.13 acres. The proposed density of the Project is 22.7 dwelling units per acre (du/ac). The maximum density allowed and analyzed under the General Plan for the project site is 40 du/ac (page 30 of the 2016 General Plan.) Utilization of the maximum density could result in a project with approximately 725 Dwelling Units. The project is proposing 313 dwelling units below the allowable maximum, reducing the total City increase to approximately 7,052. Additionally the subject property is the only remaining vacant parcel on the segment of Hovley Lane East between Portola Avenue and Cook Street. Therefore it can be assumed that construction of the project would result in buildout of this street segment. No significant addition of trips is expected following construction of the Project, associated with future adjacent development. The California Emissions Estimator Model (CalEEMod Version 2016.3.1); was utilized to estimate the construction and operational air pollutant emissions and the greenhouse gas emissions that would result from the implementation of the proposed Project in comparison with greenhouse gas emissions that would result from the implementation of a Project constructed at the maximum allowable density on the property. To determine if construction emissions will result in a cumulative considerable impact, buildout GHG emissions were amortized over a 30-year period. The annual construction-related emissions amortized over 30 years are 32.00 MT/yr of CO2, 0.004 MT/yr of CH4, and 0.00 MT/yr of N2O, which totals 32.11 MT/yr of CO2E. GHG emissions from construction activities were projected by utilizing a conservative start date (i.e. assuming all construction would occur at the earliest feasible date) and applying the mobile-source emission factors derived from the SCAQMD recommended CalEEMod. The emissions were estimated using the CalEEMod tool, which incorporates the CARB OFFROAD2014 and EMFAC2014 models. The following measures were incorporated into the modelling activities and are considered standard construction activities: • Use Alternative Fuels for Construction Equipment • Use Electric or Hybrid Construction Equipment • Limit Construction Equipment Idling • Institute a Heavy-Duty Off Road Vehicle Plan • Implement a Construction Vehicle Inventory Tracking System Table VII-1 Mitigated Construction Emissions Summary – Proposed Project Year Emissions (metric tons per year) CO2 CH4 N2O Total CO2E 1 270.5586 0.0487 0.0000 271.7756 2 960.1806 0.1207 0.0000 963.1983 3 36.8223 4.7600e-003 0.0000 36.9412 Maximum 960.1806 0.1207 0.0000 963.1983 Source: CalEEMod™ output. Note: Totals obtained from CalEEMod and may not total 100% due to rounding. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 41 Table VII-2 Mitigated Construction Emissions Summary – Maximum Density Project Year Emissions (metric tons per year) CO2 CH4 N2O Total CO2E 1 319.5695 0.0589 0.0000 321.0426 2 1,161.3345 0.1282 0.0000 1,164.5395 3 314.9542 0.0376 0.0000 315.8949 Maximum 1,161.3345 0.1282 0.0000 1,164.5395 Source: CalEEMod™ output. Note: Totals obtained from CalEEMod and may not total 100% due to rounding. Operational GHG emissions would occur as a result of project-related area sources, energy usage, mobile sources, solid waste disposal, water usage, and wastewater treatment. Area sources include: natural gas combustion (for cooking and space and water heating); landscaping equipment; consumer products and cleaning supplies; and the reapplication of architectural coatings for routine maintenance. The Mitigation measures included in CalEEMOD are largely based on the California Air Pollution Control Officers Association (CAPCOA) Quantifying Greenhouse Gas Mitigation Measures: (http://www.capcoa.org/wp-content/uploads/downloads/2010/09/CAPCOA-Quantification-Report-9-14- Final.pdf) document. The CAPCOA measure numbers are provided next to the mitigation measures in CalEEMod to assist the user in understanding each measure by referencing back to the CAPCOA document. The measures utilized in the modelling activities can be considered project design features, rather than mitigation as they are related to the project’s location and proposed density. The following table identifies the GHG strategy, range of effectiveness, and basis for GHG emissions reductions included in the Air Quality/GHG modelling. These measures are considered “Mitigation for Mobile Emissions” in CalEEMod. These measures are part of the project design and are therefore considered Project Design Features rather than mitigation per CEQA guidelines. Table VII-3 Mitigation for Mobile Emissions Factored into CalEEMod Measure Number Strategy Range of Effectiveness Basis LUT-1 Increase Density 0.8 – 30.0% vehicle miles traveled (VMT) reduction and therefore a 0.8 – 30.0% reduction in GHG emissions VMT Reduction: Property land use designation exhibits one of the highest density land uses in the City. LUT-3 Increase Diversity 9-30% vehicle miles traveled (VMT) reduction and therefore 9-30% reduction in GHG emissions VMT Reduction: The project includes a diverse mix of incomes, including affordable housing. Having different types of land uses near one another can decrease VMT since trips between land use types are shorter and may be accommodated by non-auto modes of transport LUT-4 Improved Destination Accessibility 6.7 – 20% vehicle miles traveled (VMT) reduction and therefore 6.7-20% reduction in GHG emissions VMT Reduction: The project property is less than .25 mile from a Sunline Transit Stop that provides access throughout all of the Coachella Valley. Property is approximately 1 mile from a multitude of services including a market and park. LUT-5 Increase Transit Accessibility 0.5 – 24.6% VMT reduction and therefore 0.5-24.6% reduction in GHG emissions VMT- Locating a project near transit will facilitate the use of transit by people traveling to or from the project site. The use of transit results in a mode shift and therefore reduced The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 42 VMT. The property is less than .25 mile form a Sunline Transit Stop SDT-1 Improve Pedestrian Network 0 - 2% vehicle miles traveled (VMT) reduction and therefore 0 - 2% reduction in GHG emissions VMT - Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive. This mode shift results in people driving less and thus a reduction in VMT. The project will be completing the pedestrian connection between the existing apartment project to the east and the existing school to the west. Table VII-4 Mitigated Operational Emissions Summary – Proposed Project Emission Source Emissions (metric tons per year) CO2 CH4 N2O Total CO2E Annual Construction Emissions Amortized Over 30 Years 32.0060 0.0040 0.0000 32.10661 Area 13.7143 5.11003e-03 1.6000e-04 13.8895 Energy 1,161.517 0.0387 0.0140 1,166.663 Mobile Sources 2,754.2435 0.2794 0.0000 2,751.2296 Waste 30.7767 1.8189 0.0000 76.2479 Water Usage 129.6981 0.7048 0.0176 152.5554 Total CO2E (All Sources) 4202.6925 Source: CalEEMod™ output. Note: Totals obtained from CalEEMod and may not total 100% due to rounding. Table VII-5 Mitigated Operational Emissions Summary – Maximum Density Project Emission Source Emissions (metric tons per year) CO2 CH4 N2O Total CO2E Annual Construction Emissions Amortized Over 30 Years 38.7111 0.00427 0.000 38.8179 Area 24.1168 8.8900-003 2.8000e-04 24.4226 Energy 1,901.9064 0.0625 0.0233 1,910.4794 Mobile Sources 4,726.7048 0.4588 0.0000 4,738.1736 Waste 0.0000 0.0000 0.0000 0.0000 Water Usage 267.7541 1.2419 0.0313 308.1177 Total CO2E (All Sources) 7019.9511 Source: CalEEMod™ output. Note: Totals obtained from CalEEMod and may not total 100% due to rounding. As shown in Table VII-4, the project is expected to result in 4,202.6959 CO2e per year following incorporation of project design features. Design features will undergo review and approval by the City. The proposed project is expected to contribute 2,817.2553 fewer metric tons per year than a project constructed to the maximum density allowable (Table VII-5) within the General Plan. There is currently no statewide adopted threshold for GHG emissions for residential or commercial sector projects to date. The City of Palm Desert has adopted the Palm Desert Strategic Plan, Palm Desert The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 43 Environmental Sustainability Plan and The Palm Desert Greenhouse Gas Inventory as part of the systematic approach to lessening GHG emissions. The project will be required to meet SCAQMD, Palm Desert Strategic Plan, and Palm Desert Environmental Sustainability Plan requirements. The project is consistent with the City’s greenhouse gas reduction plan, contained in the Palm Desert Environmental Sustainability Plan. Based on the discussion of the CAPCOA 2010 Working Group tiered approach, the project is covered under Tier 2, as a greenhouse gas reduction plan is in place, and because the project is consistent, it is anticipated to not have a significant impact. Palm Desert Sustainability Plan The Palm Desert Sustainability Plan indicates that while the definition of “sustainable” varies, one way to define it is to consider it as the aggregate of people living day by day, on par, in ways that are workable, manageable; in ways that maintain, support, conserve, restore, replenish, safeguard, perpetuate; in ways that allow us to continue living versus grinding to a halt; in ways that do not deplete, use up, or empty; in ways that have a net zero impact. The Plan further indicates that of the common elements of sustainable planning, the greenhouse gas (GHG) connection is most challenging. Most experts agree that sustainability and sustainable development require stemming and decreasing greenhouse gases in major proportions. According to the Palm Desert Sustainability Plan, Palm Desert’s first Greenhouse Gas Inventory was completed in parallel with production of the Environmental Sustainability Plan. The Environmental Sustainability Plan includes a Greenhouse Gas Compliance section. This section of the Plan covers greenhouse gas emissions (GHG) and methodology for reducing the City’s “carbon footprint” to comply with state, national and international mandates and agreements. The City’s GHG Compliance program consists of a Three-Phase Implementation strategy. Phase I focuses on actions that can be addressed immediately. These are low-cost, no cost measures that include maintaining existing programs and initiatives such as the Energy Independence Program. Phase II focuses on Leveraging Opportunities. The second phase is anticipated cost more than Phase I, and will involve innovative financing and community partners. Phase III involves scaling up to sustainability, based on the success of the initial phases. This involves major steps that include significantly increasing renewable energy production and mandating net zero developments and remodels. The GHG Compliance Emissions Reduction Plan calls for a ten year, three-phase period to address emissions reduction goals. The reduction plan is based on adherence to the 11 principals, 17 goals and 20 actions outlined in Phase 1 of the Implementation Strategy. The Sustainability Plan indicates that adhering to the 11 principles presented, and taking action on 17 goals in the Plan will be a major boost to realizing emissions reductions. Implementing the 20 actions outlined for Phase I will be significant, providing an estimated 37,538 metric tons of annual reductions. The Environmental Sustainability Plan addresses six resource areas: The Built Environment, Energy Management, Materials Management, Regional Air Quality, Transportation and Water Management. Energy Management is a resource area that is primarily tied to direct City actions and programs and not applicable to project level analysis. The proposed project is consistent with the five remaining resource areas both directly and indirectly. The following discussion presents the applicable principles, goals and actions in which the Project exhibits compliance and or augmentation of the City’s strategy for sustainability, along with a brief discussion of project specific relevance. Compliance will be implemented utilizing a combination of Standard Conditions and Project Design Features that are enforced by the City’s required review and approval process. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 44 The Built Environment According to the Sustainability Plan, the City has focused on continuity in design of its built environment. Different neighborhoods were developed to transition seamlessly into each other. Older neighborhoods are located next to newer ones. Country club communities mix with time-shares; a half dozen mobile home parks provide affordable desert living. The Sustainability Plan indicates that the variety of housing products is desirable to the community. The proposed project will provide a mix of affordable and market rate multi- family housing in an existing neighborhood that currently includes multifamily housing, resort facilities, recreational facilities, commercial uses and an elementary school. Taking a Green Building Leadership Position • Goal: Be early adopters of the California Green Building Code, an addition to Title 24 The project will be constructed in compliance with the California Green Building Code. • Goal: Increase parking lot shading to minimize the heat island effect The project includes a mix of open parking and parking structures. New Construction • Recommended Action BE 1: Pass Green Building Ordinance to adopt the California Green Building Code, Title 24 addition The project will be constructed in compliance with the California Green Building Code. Parking Lots • Recommended Action BE 20: Provide incentives to retrofit parking lot lighting with LED or other high- efficiency lights. The project proposes to incorporate high-efficiency parking lot lighting. Materials Management • Goal: Implement a construction debris ordinance for private projects by 2010, complemented by contractor education. The project construction activities will be conducted in compliance with the construction debris ordinance. Mandatory Recycling • Recommended Action MM 21: Enact by 2011 an ordinance for residential, commercial, and construction debris, that requires mandatory diversion of 100% inert, 75% other debris by 2012 The project will comply with the residential and construction debris diversion requirements. • Recommended Action MM 22: Make bins available to all residents, businesses, and construction sites; provide periodic bin inspections. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 45 The project will utilize appropriate bins for operational and construction activities. Regional Air Quality • Principle: The City will actively address local air quality issues. The project will be in compliance with standard local air quality requirements, including the required implementation of a Fugitive Dust Control Plan during construction. Regional and State Policies • Goal: Work in regional collaboration to remove PM 10 from the air. The project will be required to implement a Fugitive Dust (PM10) Control Plan during construction Landscaping • Recommended Action RAQ 6: Implement incentives for replacing turf with native low water-use plants, trees, ground cover and “hard-scapes.” The project incorporates native and low water-use plant materials as well as “hard-scapes.” • Principle: Palm Desert will enhance mobility and quality of life for residents and visitors by offering transportation options. The project is located less than .25 miles from a Sunline Transit stop. Indoor Air Quality The Green Building Standards Code coming into effect at year end 2009 contains requirements for ventilation (during construction) and a 14-day flush-out process before a building is inhabited. These new construction standards also list volatile organic compound limits for paints and coatings, carpets, flooring, and insulation. The project will be constructed in compliance with the most recent Green Building Standards Code. Transportation Resources • Goal: Community-wide, reduce gasoline by 5% in five years, 10% in ten years The project is located in an area that provides a variety of options to vehicle travel. These options include bus, bicycle and pedestrian access. • Goal: Increase passenger miles in alternative vehicles and transport modes by 10% in five years throughout the City The project is located in an area that provides a variety of options to vehicle travel. These options include bus, bicycle and pedestrian access. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 46 Biking • Recommended Action T 1: Develop plan for increasing the connectivity of Class 1 and 2 bicycle lanes and golf cart lanes. The project will complete adjacent roadway improvements which include a continuation of existing bicycle access. Regional Transportation Recent statistics show that there are nearly twice as many jobs in Palm Desert as there are living units. • Recommended Action T 25: Continue to support the bus system and help expand its effectiveness The project is located less than .25 miles from a Sunline Transit Stop. School Siting • Recommended Action T 29: Develop task force to work with relevant school district to make sure that new school construction brings schools back to communities to enable walking to school. The project is located adjacent to an existing elementary school. Water Management • Principle: Palm Desert will encourage and educate others on the value and appropriateness of desert style landscaping. The project incorporates native and low water-use plant materials. • Goal: To the greatest extent possible, eliminate "nuisance water" in five years. The project is required to implement a Water Quality Management Plan that includes the minimization or prohibition of nuisance water. As mentioned previously, the project would be required to implement energy efficiency design requirements consistent with the California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), commonly referred to as the CALGreen Code. The project will be constructed with all current and applicable building codes including Title 24 standards. Statewide programs will further reduce GHG emissions, such as, water use efficiency, recycling, and energy efficient appliances. The proposed project will not conflict with the 2016 General Plan as well as policies established under Assembly Bill 32, Senate Bill 375 or Senate Bill 97. The project is consistent with the City’s greenhouse gas reduction plan. The project is not expected to contribute significant GHG emissions to the environment following implementation of Standard Conditions through the City’s review and approval process. Conditions of Approval (COAs) will be issued by the City at the time of project approval. COAs will be added to the Mitigation Monitoring and Reporting Plan to confirm enforcement. Less than significant impacts are expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 47 8. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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 for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a,b) Less than Significant Impact: The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state and local laws. Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer’s specifications also dictate the proper use, handling, and disposal methods for the specific substances. Construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. The nature and quantities of these products would be limited to what is necessary to carry out construction of the project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. When handled properly by trained individuals and consistent with the manufacturer’s instructions and industry standards, the risk involved with handling these materials is considerably reduced. The Contractor will be required to identify a staging area for storing materials and equipment, and will be required to implement best management practices to assure that impacts are minimized and that any minor spills are immediately and properly remediated. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 48 To prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated through the implementation of control measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being released on-site or into the surroundings. Best management practices are necessary for Material Delivery and Storage; Material Use; and Spill Prevention and Control. These measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. For example all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer’s specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts to the public and environment. With such standard measures in place, less than significant impacts are anticipated during construction. Activities in the proposed homes are expected to involve the presence and transport of chemicals for household and facilities maintenance. These will occur in limited quantities and are not expected to represent a potentially significant impact. The proposed residential activities are not expected to involve the routine transport, use or disposal of hazardous materials in quantities or conditions that would pose a hazard to public health and safety or the environment. The project also does not include facilities with foreseeable risk of accident conditions involving the release of hazardous materials into the environment. Less than significant impacts are anticipated. c) Less than Significant Impact. James Earl Carter Elementary is located within ¼ mile of the Project site. The nature of the project is not anticipated to result in the release of hazardous emissions or hazardous materials, or waste. Temporary impacts during construction will be mitigated by standard operational procedures and protocols as well as Best Management Practices (BMPs) included in the project specific SWPPP. Less than significant impacts are expected. d) No Impact. Record searches on the project property were performed within multiple database platforms compiled pursuant to Government Code 65962.5 and its subsections. The resources consulted included GeoTracker, EnviroStor and the EPA Enforcement and Compliance History Online (ECHO). GeoTracker is a database maintained by the State of California Water Resources Control Board that provides online access to environmental data. It serves as the management system for tracking regulatory data on sites that can potentially impact groundwater, particularly those requiring groundwater cleanup and permitted facilities, such as operating underground storage tanks and land disposal sites. EnviroStor is a database maintained by the State of California Department of Toxic Substances Control (DTSC). The EnviroStor database identifies sites with known contamination or sites for which there may be reasons to investigate further. It includes the identification of formerly contaminated properties that have been released for reuse; properties where environmental deed restrictions have been recorded to prevent inappropriate land uses; and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. Moreover, the ECHO database focuses on inspection, violation, and enforcement data for the Clean Air Act (CAA), Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) and also includes Safe Drinking Water Act (SDWA) and Toxics Release Inventory (TRI) data. In December of 2016, a search was performed on all three database platforms. The search results did not identify any records or sites in connection with the subject Property. The GeoTracker, EnviroStor, and ECHO database results did not identify any Leaking Underground Storage Tank (LUST) Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 49 Underground Storage Tanks on or around the project property. From the three database platforms, the nearest registered facility is a LUST Clean-Up site located approximately 1,689 feet south of the Project property. The facility, associated with the Portola Country Club, was discovered in October 2001 and the tank was closed and removed in November 2001. The case was deemed complete and closed as of February 2002 and no further discharges have since been reported. As previously stated, the facility is approximately 1,689 feet away from the Project site. Therefore, no impacts are anticipated. e, f) No Impact. The project is not located near an existing airport or airport land use plan or in the vicinity of a private airstrip. The nearest airport facility to the project is the Bermuda Dunes Airport, located approximately 5.5 miles to the east/northeast. No impacts are anticipated. g) Less than Significant Impact. The Safety Element of the City’s 2016 General Plan Update (Chapter 8 Safety, page 109 through 130 is designed to address concerns regarding the City’s capability to respond to potential natural or man-made disasters and establishes goals, policies and programs to ensure effective response. The proposed project will be developed adjacent to existing residential communities in an area of the City that is primarily zoned for residential use. The proposed project site design will be reviewed by the Palm Desert Fire Department for compliance with project-specific emergency access, water pressure and similar requirements as a routine aspect of the City of Palm Desert’s design review process. During construction activities, the project will be required to prepare a traffic control plan to reduce conflicts with the adjacent school and other surrounding land uses. Therefore, emergency access and evacuation of the site will not be impaired by project development. Less than significant impacts are anticipated. h) No Impacts. The site is surrounded by developed land primarily consisting of residential use and is not adjacent to or intermixed with wildlands. Therefore, no impacts are expected related to wildland fires. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 50 9. HYDROLOGY AND WATER QUALITY -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) 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? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a) Less than Significant Impact. The Clean Water Act (CWA) of 1972 establishes regulations pertaining to the discharge of pollutants to waters of the U.S. from point sources. Subsequent amendments to the CWA in 1987 established a framework for regulating non-point source stormwater discharges under the National Pollutant Discharge Elimination System (NPDES). Presently in the State of California, the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs) administer the regulation, protection and administration of water quality pursuant to the NPDES. Their regulations encompass storm water discharges from construction sites, municipal separate storm sewer systems (MS4s), and major industrial facilities. The proposed Project is located within the Whitewater River Watershed in the Colorado River Region (Region 7). The City of Palm Desert is a Permittee of the Whitewater River Watershed MS4 (Municipal Separate Storm Sewer System). The proposed residential development is required to comply with these existing regulations. The proposed project will result in temporary and permanent disturbance in an area greater than one acre. Therefore, the developer must comply with the State’s most current Construction General Permit (CGP) The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 51 (Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the period of construction. The required plan will identify the locations and types of construction activities requiring best management practices (BMPs) and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. The plan will also identify the limits of allowable construction-related disturbance to prevent any off-site exceedances or violations. Based on the Project location and setting, the SWPPP is expected to identify at least one temporary sediment track-out prevention device at the entrance/exit point on Hovley Lane. This BMP will provide stabilization for the vehicular access point to prevent sediment track-out and fugitive dust emissions. Linear sediment barriers will be warranted along limited portions of the project perimeter to prevent soil erosion impacts. Existing CMU walls along the easterly, southerly and south half of the westerly boundary will provide linear sediment barrier protection. All proposed storm drain inlets will require temporary protection to keep sediment or pollutants from entering the on-site storm drain system. Construction activities will be subject to good site housekeeping requirements pertaining to street sweeping, proper waste management, proper material handling and storage. Furthermore, the plan must be designed to minimize disruption to the James Earl Carter Elementary School by identifying temporary construction access and on-site staging locations with the greatest possible separation from the elementary school boundary, its classrooms and playgrounds. During construction, the Project will also be required to comply with South Coast Air Quality Management District’s (SCAQMD) Rule 403 and 403.1, which prompt the requirement for preparation and implementation of a Fugitive Dust (PM10) Control Plan. Implementation of the Fugitive Dust Control Plan primarily pertains to air quality, but also supports water quality protection through the requirement of soil stabilization measures to prevent sediment erosion and track-out. The concurrent implementation of the required SWPPP and Dust Control Plan plans will prevent the potential construction-related impacts to water quality at the site and its surroundings. The Project proponent has been required to develop a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit and with the City’s Water Quality Ordinance (Palm Desert Municipal Code, Title 24.20) by preventing the off-site discharge and transport of potential pollutants associated with project runoff. The Project-Specific WQMP, currently in a preliminary form, identifies a strategy of site design, source controls, and treatment controls with a component of maintenance and monitoring to address post-construction runoff quality and quantity. The site plan, grading design, and storm drain design of the project are factored in the Project-Specific WQMP development. As designed, runoff from throughout the project’s impervious areas (buildings, hardscape and paving) will be conveyed primarily via surface flows to corresponding storm drain inlets protected by inlet inserts. The runoff will subsequently be carried via proposed piped flows to separate underground infiltration facilities, consisting of a series of perforated pipes, located under parking spaces and common areas. Surface flows from both proposed driveways on Hovley Lane East will be conveyed to respective storm drain inlets protected by filter inlets, which will drain to individual proposed drywells and underground retention structures within the property. The proposed inlets will also accept runoff from the landscaped areas within the property via small drainage swales. The proposed drywell devices will infiltrate the first-flush and potential nuisance runoff from the paved entries, preventing discharge into the public road. Less than significant impacts are anticipated. b) Less than Significant Impact. Groundwater is the primary source of domestic water supply in the Coachella Valley. The project area and City of Palm Desert are underlain by the Whitewater River subbasin, which forms part of the Coachella Valley groundwater basin. The Whitewater River subbasin underlies a major portion of the Coachella Valley floor and is shared and managed by the Coachella Valley Water District The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 52 (CVWD), Desert Water Agency (DWA), Myoma Dunes Mutual Water Company, and the cities of Indio and Coachella. The project site and City of Palm Desert are within the service area of the Coachella Valley Water District (CVWD), which is the largest provider of potable water in the Coachella Valley. Local groundwater resources are managed under the 2015 adopted CVWD Urban Water Management Plan (2015 UWMP) Final Report, dated July 1, 2016. The 2015 UWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet the existing and future urban water demands. Page 6-6 of the 2015 UWMP indicates that the Coachella Valley groundwater basin historically has been in a state of overdraft. An overdraft condition occurs when the outflows (demands) exceed the inflows (supplies) to the groundwater basin over a period of time. To address this condition, the water management strategies have combined water conservation measures with groundwater replenishment facilities to stabilize the groundwater levels and eliminate the overdraft. Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consumers. As indicated in page 6-9 of the 2015 CVWD UWMP, “the Coachella Valley Groundwater Basin is presently not in overdraft due to active management of the Basin through Coachella Valley Water Management Plan programs like the GRP and non-potable supply to golf courses on private groundwater wells.” According to the CVWD web site on Ground Replenishment and Imported Water, the CVWD and DWA groundwater replenishment program has percolated 650 billion gallons of water back into the aquifer to date. Local replenishment efforts have also been coupled with a reduction in demand through improved water efficiency use in homes, yards, gardens, and businesses. The Project is required to conform to the local strategies and policies set forth by CVWD. It is estimated that a project of this size could use 47,586 gallons per day or 53.3 acre feet per year (AFY). As previously discussed, a Will Serve Letter dated October 2016, has been provided by CVWD and the project’s land use and density can be accommodated for potable and wastewater. The will serve letter is attached as Appendix G in this Initial Study. Page 134 of the Public Utilities & Services section of the 2016 General Plan includes Goal 1, which pertains to stormwater management system that leads to clean water, basin recharge, and increased water retention. Policies 1.1 through 1.13 under Goal 1 identify the preferred stormwater management strategies that promote groundwater recharge, including a preference for on-site retention, infiltration and low impact development. As demonstrated in the Preliminary Hydrology Report and Water Quality Management Plan, the Project’s stormwater management design includes a system of on-site underground retention structures designed to collect and infiltrate stormwater runoff. The expected combined infiltration capacity of this system is approximately 107,739 cubic feet, which represents the entire volume resulting from the controlling 100-year event. As such, the entire volume of stormwater runoff generated on-site up to the 100-year event will be percolated on-site, contributing to groundwater recharge. This information is provided in the Project-Specific Water Quality Management Plan (WQMP), which is required to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit and is subject to review and approval by the City prior to issuance of a grading permit. Furthermore, the proposed development will be expected to implement water conservation measures to reduce impacts to public water supplies. These measures include low-flow plumbing fixtures, drought- tolerant (native) outdoor landscaping, and water-efficient irrigation systems. The project site design is not expected to interfere with groundwater recharge conditions and impacts on groundwater supplies and recharge are expected to be less than significant. c,d) Less than Significant Impact. The project property is surrounded by existing development in the form of residential, resort and school facility uses. The existing easterly, southerly and westerly limits of the property are delineated by a combination of concrete masonry unit (CMU) block walls and chain-link fencing, while the northerly boundary (street frontage) is absent of any physical improvements aside from those on Hovley Lane. The undeveloped project property with sparse vegetation coverage exhibits gently sloping mounds and depressions caused by the wind-blown sand deposits. As a result, the sites topographic high and low points range from approximately 173 feet to 204 feet above sea level, but these grades are split above and below the The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 53 street level of Hovley Lane. Per the elevation values shown in the Preliminary Grading Plan, the site’s highest mounds rise to approximately 15 feet above the grade of Hovley Lane, while the depressions drop to approximately 15 feet below the street grade. As such, the project is absent of any defined drainage pattern or course, such as a stream or river that would be affected through an alteration, increase in runoff, erosion or siltation, on- or off-site. Existing depressions throughout the property accept the on-site runoff. The proposed residential development will result in the conversion of undeveloped (pervious) land to an impervious condition in the form of residential buildings, hardscape, and asphalt surfaces. This modification would typically result in a site-specific increase in the rate and amount of surface runoff. To prevent drainage conditions (patterns, quantities, or velocities) that can potentially result in adverse erosion and sedimentation impacts, the project will incorporate engineered storm drain facilities based in part on the findings of a required project-specific hydrology study and Project-Specific Water Quality Management Plan. The site design, grading and storm drain improvement plans will dictate the conveyance mechanism (surface and piped flows). As previously described, runoff from throughout the project’s impervious areas (buildings, hardscape and paving) will be conveyed primarily via surface flows to corresponding storm drain inlets protected by inlet inserts. The runoff will subsequently be carried via proposed piped flows to separate underground infiltration facility, consisting of a series of perforated pipes, located under parking spaces and common areas. Surface flows from both proposed driveways on Hovley Lane will be conveyed to respective storm drain inlets, which will drain to individual proposed drywells within the property. The proposed inlets will also accept runoff from the landscaped areas within the property via small drainage swales. The proposed drywell devices will infiltrate the first-flush and potential nuisance runoff from the paved entries, preventing discharge into the public road. Based on the Preliminary Hydrology Report and Water Quality Management Plan, the underground retention system introduced with the project will have a combined capacity of 107,739 cubic feet, which is sufficient to retain the entire runoff volume resulting from the controlling 100-year storm event. As a result of these improvements, the project will not result in storm runoff discharge conditions that would impact the existing stormwater drainage system, any local drainage courses, or result in any substantial increases in the rate or amount of surface runoff. e,f) Less than Significant Impact. The proposed residential development includes on-site underground retention facilities with a combined capacity to retain/infiltrate the site-specific stormwater volume requirements. The storm drain system and retention facilities would be subject to review and approval by the City to ensure compliance with the local retention ordinance. Adhering to this ordinance will help minimize the discharge and transport of pollutants associated with the new development though the control of volume and rate stormwater runoff. As discussed previously, the Project proponent will be required to develop and implement a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. The Project-Specific WQMP is required to identify a strategy of the necessary site design, source controls, and treatment controls with a maintenance and monitoring program that, throughout the life of the project, will address post-construction runoff quality and quantity. Through this required compliance, the project helps prevent impacts to the local receiving waters and avoids project violations to the established water quality standards and waste discharge requirements. As a standard process for new development projects, the Project-Specific WQMP must be submitted and approved prior to the first discretionary project approval or permit. The Project-Specific WQMP also outlines the required maintenance practices necessary to ensure that the water quality facilities remain effective during the life of the project. These include a maintenance covenant, inspection and maintenance program, with regular monitoring for all proposed measures and devices. Less than significant impacts relative to the substantial degradation of water quality are expected. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 54 g,h) No Impact. The Federal Emergency Management Agency (FEMA) evaluates potential flood hazards for the City. The FEMA Flood Insurance Rate Maps (FIRMs) serve as the basis for identifying those potential hazards and determining the need for and availability of federal flood insurance. According to FIRM panel 06065C2226G, effective August 28, 2008, the entire project and its immediate surroundings are located in a Zone X, area of minimal flooding. As designed, the proposed development would not considerably alter the existing flood zone characteristics identified in the FEMA maps. Stormwater runoff generated by the project would be managed by an on-site storm drainage system with retention facilities. The proposed improvement plans will be subject to agency review and approval ensure that the proposed grading and drainage conditions are acceptable to the City standards. The Project is not located in an area subject to flooding by the base (100-year, 1-percent-annual-chance) flood depths designated by the Federal Emergency Management Agency (FEMA). Development of the project will not place housing within a 100-year flood hazard area. Neither will the project place structures within a 100- year flood hazard area, structures which would impede or redirect flood flows. Less than significant impacts are anticipated. i-j) No Impact. The proposed project is not located near a levee or dam. The project site is not located near areas with the potential for inundation by seiche, tsunami, or mudflow. Therefore, no impacts are expected. Mitigation Measure: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 55 10. LAND USE AND PLANNING - Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) No Impact. The project proposes a multi-family apartment complex that would involve the construction of 15 residential buildings for a total of 412 units, a clubhouse, two community pools and recreational amenities. The Project site sits on approximately 18.13 acres of vacant land in Planned Residential (PR) zoning district. Existing surroundings consist of residential developments, an elementary school, and resort golf community. The Project site is currently vacant and therefore will not divide an established community. No impacts are expected. b) Less than Significant Impact. The proposed Project involves the construction and operation of a 412-unit multi-family residential community on approximately 18.13 acres. The Project’s General Plan designation of Town Center Neighborhood allows 7.0 to 40 dwelling units per acre (du/ac) (page 30 of the 2016 General Plan) . The Zoning Designation is Planned Residential with 17.5 du/ac (Ordinance 1324 Amended August 2017). The City of Palm Desert has granted a density bonus to the Project, per State requirements and the City’s Municipal Code Sec. 25.34.040, which reserves 20% of total units for very-low income qualifying families/individuals. With the density bonus the 18.13 ac Project’s density can be increased a maximum of 35%. Specifically, under the City’s Municipal Code section 25.34.040(D)(1)(ii), developments that make at least 5 percent of their “total units” available to very low income households are granted a density bonus. The “total units” are the total units permitted by the underlying land use designation (here, 315), not the total units inclusive of the density bonus. (See Government Code section 65915(b)(1) [density bonus awarded where at least 5 percent of “total units” are reserved for very low income], (b)(3) [“for the purposes of this section, ‘total units’ or ‘total dwelling units’ does not include units added by a density bonus awarded pursuant this section or any local law”].) Where 5 percent of total units are reserved for very low income, the Code grants a 20 percent increase above the otherwise maximum number of dwelling units allowed, and an additional 2.5 percent supplemental increase over that base for every 1 percent increase in very low income target units above 5 percent, up to 35 percent. Here, the project proposes 20 percent of the units it is permitted under the base zoning to be very low income units. While the General Plan designation permits up to 40 du/ac on the project site, the zoning designation permits only 17.5 du/ac as stated above. The project site is conservatively approximately 18 acres in size, meaning that the underlying zoning permits up to 315 dwelling units. If 20 percent of those units, or 63 units (315 x 0.20 = 63), are made affordable to very low income households, the project is entitled a density bonus of 35 percent, the maximum allowable: 20% bonus granted for the first 5% very low income units 2.5% bonus x 15 additional percentage points of very low income units The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 56 20 + (2.5 x 15) = 57.5% bonus, but the maximum allowed is a 35% bonus A 35 percent density bonus means the project is granted an additional number of units equal to 35 percent of the underlying maximum number of units. Here, the underlying maximum is 315 units, 35 percent of which is 110.25. Pursuant to the State Density Bonus Law, fractal percentages are rounded up, meaning the project is entitled to an additional 111 units. (Govt. Code, § 65915(f)(5) [“All density calculations resulting in fractional units shall be rounded up to the next whole number”].) When the base number of units (315) is added to the density bonus (111), the total maximum units to be developed as part of the project is 426. The project proposes 412 units, well within the number of units the project is entitled to pursuant to State Density Bonus Law and the City’s Municipal Code. The Project’s proposed density is 22.7 du/ac (an increase of 23% re: zoning.) This density is below the General Plan maximum density of 40 du/ac and is compatible with the surrounding land uses. Furthermore, the project is compatible with Land Use Policies in the City’s General Plan EIR, under Chapter 4.10 Land Use and Planning, Land Use and Community Character Element (pages 4.10-5 through 4.10-10). Policies Land Use & Community Character Element • Policy 3.2 Conventional Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by cul-de-sacs, soundwalls, long block lengths, single building and housing types and lack of access to goods and services. The proposed project is a high density apartment complex and is located in an area that would provide short walkability to services such as, transit use, James Earl Carter Elementary School, and Hovley Soccer Park. Local shopping centers are located approximately 2 miles away. • Policy 3.4 Balanced Neighborhoods. Within the allowed densities and housing types, promote a range of housing and price levels within each neighborhood in order to accommodate diverse ages and incomes. For development larger than five acres, require that a diversity of housing types be provided and that these housing types be mixed rather than segregated by unit type. The proposed project is located in an urban residential community of the City with a mix of existing single family and high density residential development. The proposed project is consistent with the current land use designation and adds additional housing options to the City. Residential units would be offered at various price points that would serve the needs of various ages and income levels, including low income and very low income. The project will offer one, two, and three bedroom floor plans therefore, providing a range of housing types and choices. Mobility Element • Policy 3.4 Access to Development. Require that all new development projects or redevelopment projects provide connections from the site to the external pedestrian network. The project will improve the frontage adjacent to Hovley Lane. Improvements would include connection of the sidewalk system between the adjacent development to the east and the James Earl Carter Elementary school to the west. Further, under Assembly Bill 744, if a development includes the maximum percentage of low or very low income residential units, and is located within one-half mile of a major transit stop without unobstructed access to the transit stop, then the developer may request the City, or County to waive the standard vehicular The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 57 parking ratio, inclusive of handicapped and guest parking, in excess of 0.5 spaces per bedroom. These parking standards apply to the entire project, both market rate and affordable units. The project will comply with the City’s Affordable Housing and Density Bonus Provisions (25.34.040), found in the Municipal Code under Chapter 25.34 Special Use Provisions. The proposed project is located in area that would provide short walkability to services, transit use, and addresses the needs of multiple ages, which complies with the intent and purpose identified for the “Town Center Neighborhood” land use designation (page 30 of the 2016 General Plan) . Therefore, less than significant impacts are expected. c) No Impact. The project site is not within a Conservation Area as designated by the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). As a standard condition, all new development will pay the most current mitigation fees for the implementation of the CVMSHCP and support the acquisition of conservation lands. The Plan establishes a simple and uniform mechanism for mitigating the effects of development through the payment of a Local Development Mitigation Fee. The project will comply with the existing CVMSHCP Mitigation Fee Ordinance which is based on the project’s total acreage. Less than significant impacts are expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 58 11. MINERAL RESOURCES -- Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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? a,b) No Impact. In accordance with the Surface Mining and Reclamation Act (SMARA), mineral land classification maps and reports have been developed to assist in the protection and development of mineral resources. As shown in the Mineral Land Classification Map for the project area, the project site is located in Mineral Zone MRZ-3, which indicates an area containing mineral deposits however the significance of these deposits cannot be evaluated from available data. There are currently no mining/extraction sites within the City. The nature of the project does not involve the extraction of mineral deposits. Construction of the proposed facilities would rely on existing local and regional aggregate resources from permitted facilities. The project is not expected to result in a considerable extraction and/or loss of known mineral resources that are considered important to the Coachella Valley Region or residents of California. No impacts are expected related to the loss of availability of known mineral resources. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 59 12. NOISE -- Would the project result in: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 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 expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a, c) Less than Significant Impact. The project site is presently undeveloped and is surrounded by existing block walls on the east, south, and a portion of the west boundary. As such, the vacant project area does not constitute an existing source of ambient noise. In relation to the surrounding land uses and characteristics, the north side of Hovley Lane includes Marriott’s Desert Springs Villas surrounded by a private golf course. On the east, the project is bordered by Phase I of the Canterra Apartments complex, which includes two-story buildings. Land to the south includes the Portola Country Club, which consists of detached single-story homes. Land to the west includes the Venezia residential development with detached single-story homes. The north half of the westerly boundary is adjoined by James Earl Carter Elementary School. The existing noise setting in the vicinity can be characterized by residential activities, such as intermittent noise generated during landscape maintenance, building maintenance, trash pick-up, deliveries, vehicular circulation, and air conditioning unit operation. The adjacent James Earl Carter Elementary School activities also contribute to the existing noise setting. The City’s 2016 General Plan EIR identifies vehicular traffic as the principal source of noise in the community (page 4.12-2 of the 2016 General Plan EIR). Based on these documents, major roadways within the City include Monterey Avenue, Washington Street, Fred Waring Drive, Country Club Drive, Frank Sinatra Drive, Gerald Ford Drive, Dinah Shore Drive, Portola Avenue and Cook Street. From these major roadways, higher volumes are observed on Washington Street, Monterey Avenue, and Fred Waring Drive. Figure 4.12-1 and 4.12-2 in the 2016 General Plan EIR (page 4.12-10 and 4.12-12) identify the existing and future noise contours respectively along these major roadways using day-night average levels. Future noise contours are also shown in Figure 7.1 of the General Plan. The segment of Hovley Lane, from Portola Avenue to Cook Street is not listed as a major roadway where noise levels have been measured, either in the existing or General Plan build-out condition. The Noise Element of the 2016 General Plan includes goals and policies for maintaining noise compatibility between differing land uses through design strategies and minimizing noise conflicts between neighboring The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 60 properties. Sources of excessive noise generating activities are restricted for residential areas pursuant to the Palm Desert Noise Control Ordinance (Title 9, Chapter 9.24 of the Palm Desert Municipal Code), and the community restrictions that will be established for the complex. Based on the General Plan EIR, Noise sources typically associated with residential development include opening and closing of vehicle doors in the parking lot, people talking, car alarms, delivery activities, trash pick-ups, and operating HVAC equipment within the confines of the Project. However, these noise generating activities would be subject to the requirements and enforcement of the City’s Noise Control Ordinance, which establishes limits on noise generated by these activities. Noise levels in the City’s General Plan are quantified on the basis of the Community Noise Equivalent Level (CNEL), which is a measurement scale that sets appropriate levels of noise based on land use types. CNEL is a 24 hour weighted scale that considers the more sensitive time periods in the evenings and at night, and weights them accordingly. Sensitive receptors, such as residences and schools, have a lower acceptable CNEL level than commercial or business park noise levels. In particular, exterior noise levels at residential locations should not exceed an exterior CNEL of 65 dBA or interior CNEL of 45 dBA in any habitable room. Table 7.1 of the Noise Element provides the Noise Compatibility Matrix with the level of acceptable noise for different land uses found in the City. For the proposed multi-family residential use, the normally acceptable noise exposure level ranges from 50 to 65 CNEL. The conditionally acceptable noise levels range from 60 to 70 CNEL. The generally unacceptable noise levels range from 70 to 75 CNEL, and the clearly unacceptable levels are those that exceed 75 CNEL. The construction activities of the Project are expected to generate a short-term noise increases compared to the existing levels. Two types of noise impacts are anticipated during future construction activities. First, the transport of workers and equipment to the site would incrementally increase noise levels along the local roadways leading to and from the sites. Second, the noise will be generated by the actual on-site construction activities. The loudest construction noise is generally the grading phase, when heavy equipment is used more consistently on a site. Noise levels are periodic and decrease significantly with distance. The existing and proposed solid walls will provide noise attenuation, which according to the Federal Highway Administration (FHWA), can reduce noise levels by 15 dBA. The project will be required to abide by the construction hours established in the Palm Desert Noise Control Ordinance (Title 9, Chapter 9.24 of the Palm Desert Municipal Code). Section 9.24.060 (Special Provisions – Exemptions) establishes a noise exemption for noise sources associated with construction activities, as long as they adhere to the other applicable sections in the Noise Control Ordinance. Per Page 4.12-13 in the General Plan EIR, the regulatory exemption reflects the City’s acknowledgement that construction noise is a necessary part of new development and does not create an unacceptable public nuisance when conducted during the least noise sensitive hours of the day. From October 1 to April 30, construction activities are only permitted between 7:00 a.m. and 5:30 p.m. Monday through Saturday. From May 1 to September 30, construction is permitted between 6:00 a.m. and 7:00 p.m. Monday through Saturday. Construction is not permitted on Sundays or government code holidays. Table XII-1 provides a list of the expected type and amount of equipment that will be utilized during each phase of construction. This list is consistent with the CalEEMod metrics provided in the Air Quality and GHG sections. Table XII-1 – List of Construction Equipment Use Equipment Type Phase Name Amount Air Compressors Architectural Coating 1 Cranes Building Construction 1 Forklifts Building Construction 3 Generator Sets Building Construction 1 Tractors/Loaders/Backhoes Building Construction 3 Welders Building Construction 1 Excavators Grading 1 Graders Grading 1 Rubber Tired Dozers Grading 1 Scrapers Grading 2 Tractors/Loaders/Backhoes Grading 1 Pavers Paving 2 Paving Equipment Paving 2 The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 61 Rollers Paving 2 Rubber Tired Dozers Site Preparation 1 Tractors/Loaders/Backhoes Site Preparation 1 In accordance with Mitigation Measure NOI-1, found on page 4.12-16 of the General Plan EIR, the proposed development is expected to implement various standard measures for reducing short-term noise sources. • Notification shall be mailed to owners and occupants of all developed land uses immediately bordering the construction site, and posted directly across the street from the construction site, providing a schedule for major construction activities that will occur for the duration of the construction period. In addition, the notification will include the identification of and contact number for a community liaison and a designated construction manager who would be available on-site to monitor construction activities. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities. Contact information for the community liaison and the construction manager will be located at the construction office, City Hall, and the police department. • During all construction site excavation and grading, the construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the construction site. • For off road construction the contractor shall utilize grading and excavation equipment that is certified to generate noise levels of no more than 85 dBA at a distance of 50 feet. • All equipment designed for use on public roads shall be properly maintained with operating mufflers and air intake silencers as effective as those installed by the original manufacturer. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the construction site during all project construction. Construction activities will be limited to the hours prescribed in the City Noise Ordinance, which are limited to the less sensitive daytime hours. Active work areas must be properly delineated to prevent construction- related circulation from occurring beyond the permitted areas. Planning and design of construction management activities shall take into consideration the proximity of James Earl Carter Elementary School, such that the temporary construction access, on-site staging and equipment operation occurs with the greatest possible separation from the existing elementary school boundary, its classrooms and playgrounds. With these practices in place, no violations of the existing noise standards are anticipated. During the life of the project, vehicular traffic is expected to represent the most perceptible form of noise. As previously discussed, Hovley Lane has not been identified in the City’s 2016 General Plan as one of the major roadways where high traffic volumes have warranted specific noise assessments. Based on the proposed site plan, the nearest residential building facade to Hovley Lane is located approximately 56 feet from the right- of-way and approximately 100 feet from the street centerline. A typical noise exposure level along a street frontage of approximately 65 dBA would be reduced to the interior 45dBA standard established in Title 24 of the California Code of Regulations, due to standard construction techniques that reduce interior noise. As referenced in the Noise section of the General Plan EIR, standard new residential construction typically provides a reduction of exterior-to-interior noise levels of 25 dBA or more with a closed-window condition. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 62 Noise sources associated with the proposed development will be attributed to residential activities, which are not substantially more intense than noise sources in the adjoining apartments, single-family homes, and elementary school setting. Ambient noise sources will include vehicle operation (in the interior driveways and parking lot), opening and closing of vehicle doors in the parking lot, people talking, infrequent car alarms, delivery activities, trash pick-ups, and operating HVAC equipment. Noise sources from residential uses are regulated and enforceable under Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code, which is established to minimize noise conflicts between properties. Per Section 9.24.040, it is unlawful for any person or property owner within the city of Palm Desert to make, cause, or continue to make or cause loud, excessive, impulsive or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities of a distance of greater than fifty feet from property line. Section 9.24.030 establishes ten-minute average sound level limits for residential uses ranging from 45 to 55 decibels between the nighttime and daytime hours. In addition to the enforceable Noise Controls established to minimize noise conflicts between properties, the existing and proposed solid ways are expected to reduce noise levels by approximately 10 dBA in reference to page 4.12-2 in the 2016 General Plan EIR. Other forms of noise control include the various activity restrictions which will be established for the apartment complex to maintain an orderly and quiet living environment for residents and neighbors, resulting in a marginal increase in ambient noise. Less than significant impacts are anticipated regarding generation of exceeding noise levels or substantial permanent increases in noise levels. b) Less than Significant Impact. Groundborne vibration also referred to as earthborne vibration, can be described as perceptible rumbling, movement, shaking or rattling of structures and items within a structure. Groundborne vibration can generate a heightened disturbance in residential areas. These vibrations can disturb residential structures and household items while creating difficulty for residential activities such as reading or other tasks. Although groundborne vibration is sometimes perceptible in an outdoor environment, it is not a problem as it is when this form of disturbance is experienced inside a building. Groundborne vibration can be measured in terms of amplitude and frequency or vibration decibels (VdB). Trains, buses, large trucks and construction activities that include pile driving, blasting, earth moving and heavy vehicle operation commonly cause these vibrations. Other factors that influence the disturbance of groundborne vibration include distance to source, foundation materials, soil and surface types. According to page 4.12-27 in the Palm Desert General Plan EIR, groundborne vibration in the City is generated primarily by two sources: temporary construction activities and permanent traffic on roadways and railways. Both of these activities, while they are occurring, create “frequent” vibration events as defined in the Federal Transit Administration (FTA) May 2006 Transit Noise and Vibration Impact Assessment, which sets a 72 VdB threshold for frequent events affecting residences and buildings where people normally sleep. Construction of the project is expected to involve the temporary use of vehicles and equipment that would result in localized, short-term groundborne vibration increases within the permitted construction hours established by the City. The project site is completely vacant and therefore will not generate noise or vibration related to the demolition of any structures. Best practices in construction management are expected to minimize the use of equipment near existing residential and school areas to the best practicable extent. As previously mentioned, the schedule, planning and design of construction management activities shall take into consideration the proximity of James Earl Carter Elementary School and ensure that construction access, on-site staging and equipment operation occurs with the greatest possible separation from the existing elementary school boundaries. After construction and during operation, the proposed residential development would not typically involve activities that would be expected to generate vibration or be situated near roadways with high traffic volume. Less than significant impacts are anticipated. Less than significant impacts are anticipated. d) Less than Significant Impact. There would be some short-term increases in noise levels during construction of the proposed project. However, as previously discussed sub-section (a), the City’s Municipal Code limits The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 63 the time period that construction activities may occur, as specified by the City’s Noise Control Ordinance. Construction is expected to occur only during the less sensitive daylight hours, when ambient levels of noise are higher, and therefore construction noise is less perceptible. Less than significant impacts are anticipated. e, f) No Impact. Based on the Riverside County Airport Land Use Commission web site’s list of Current Compatibility Plans Riverside County, the project is not located in the vicinity of an airport or private airstrip, or located within the 65 dBA CNEL contours of any public or private airports. No impacts are anticipated related to these issues. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 64 13. POPULATION AND HOUSING – Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Induce substantial 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 housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a) No Impact. As discussed in the Land Use and Planning Section of this document, the proposed project involves the construction and operation of a 412-unit multi-family residential community on approximately 18.13 acres. The Project’s General Plan designation of Town Center Neighborhood allows 7.0 to 40 dwelling units per acre (du/ac) (page 30 of the 2016 General Plan). The Zoning Designation is Planned Residential with 17.5 du/ac. Per the State’s Assembly Bill 744 (AB 744), where density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the General Plan, the General Plan density shall prevail. The City of Palm Desert has granted a density bonus, per State requirements and the City’s Municipal Code Sec. 25.34.040, which reserves 20% of total units for very-low income qualifying families/individuals. With the density bonus the 18.13 ac Project’s density can be increased a maximum of 35%. The Project’s proposed density is 22.7 du/ac (an increase of 22.7% re: zoning.) This density is below the maximum (40 du/ac) allowed by the General Plan. The City’s 2016 General Plan EIR analyzed future growth under Chapter 4.13 Population, Employment, and Housing pages 4.13-1 through 4.13-10. Table 4.13-2 (page 4.13-3) forecasts a population of 61,691 by year 2040. In 2016, the City had a population of 52,231 with an average household size of 2.10 persons (U.S. Census Bureau, Quick Facts). As a result of project build-out, the proposed development could add 865 new residents into the city, for an approximate population of 53,096 which is an increase of 1.66% and still below the 2040 population forecast of 61,691. All though the project would contribute growth within the City of Palm Desert, significant growth to population, housing, and employment is already anticipated in the City’s General Plan. Furthermore, the Project site is within an area that is fully served by existing infrastructure, public services and utilities. As a result, development of the project would not cause potentially growth inducing effects by extending utilities into an undeveloped area. Therefore, approval and development of this Project is not expected to significantly increase population growth in the City. Less than significant impacts are expected. b) No Impact. The entire property is currently vacant land designated by the City General Plan as Town Center Neighborhood and zoned for Planned Residential Developments (P.R.) and would not displace any existing housing or require replacement housing. No Impacts are anticipated. c) No Impact. The proposed site is currently vacant and the proposed action will not displace existing housing, affordable housing, or people. The Project will not require any replacement housing and no impacts are expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 65 14. PUBLIC SERVICES – Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) 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: Fire protection? Police protection? Schools? Parks? Other public facilities? a) Fire Less than Significant Impact. Cal Fire/Riverside County Fire Department (RCFD), under contract with the City of Palm Desert, provides 24-hour fire protection and emergency medical services to the City. Additionally, the City of Palm Desert, Rancho Mirage and Indian Wells are entered jointly into the Cove Communities Service District. Through this District agreement, each city benefits from fire and emergency services provided by the other two cities as needed. Furthermore, the Riverside County Fire Department operates under a Regional Fire Protection Program, which allows all of its fire stations to provide support as needed regardless of jurisdictional boundaries. RCFD maintains three fire stations within the City of Palm Desert. Fire Station 33 is located at 44400 Town Center Way, and covers the central portion of the City, and is approximately 3.1 miles from the proposed project site. Fire Station 67 is located at 73200 Mesa View Drive and covers the south portion of the City and is approximately 4.5 miles from the project site. Fire Station 71 is located at 73995 Country Club Drive and provides service to north Palm Desert. This station is approximately 1.1 miles from the project site and currently provides fire services to the area. Development of the project would result in an increase in demand for fire services, however based on the project site’s proximity to Fire Station 71, and the existing infrastructure in place, the proposed project could be adequately served by fire protection services within the 5-minute response time and no new or expanded facilities would be required. Additionally, the project complies with the 2016 General Plan EIR, Safety Element Policy 7.2 and Policy 7.8 (page 14.4-4), in that the project will be reviewed by City and RCFD officials to ensure adequate fire service and safety as a result of project implementation. As discussed previously the projects density is 22.7 du/ac which is below the General Plan maximum allowable density of 40 du/ac under the Town Center Neighborhood land use designation (page 30 of the 2016 General Plan). The project would be required to implement all applicable fire safety requirements, to include, installation of fire hydrants, and sprinkler systems. Additionally, the project would be required to comply with the Fire Facilities Impact Fee in place at the time of construction (through a combination of funds from the applicant and the City’s housing mitigation fund.) Fire Facility Impact Fees are calculated per residential unit and the increase in units means an increase in fees to provide the needed service. Payment of these fees helps offset impacts by providing sufficient revenue for necessary improvements to ensure The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 66 acceptable fire facilities, response times, equipment and personnel are maintained. Less than significant impacts are anticipated with project implementation. Police Less than significant Impact. Law enforcement services are provided to the City of Palm Desert through a contractual agreement with Riverside County Sheriff’s Department. The Sheriff’s department provides 24- hour municipal police services associated with a City police department. The Sheriff’s station is located at 73- 705 Gerald Ford Drive and is approximately 3.7 miles from the project site. Per the Palm Desert Police Department website, the City’s contract consists of 80 sworn deputy sheriff’s position, 36 of the 80 positions are dedicated to the patrol division. The remaining deputies are dedicated to various assignments such as Traffic, Special Enforcement, School Resources, and other special assignments. The 2016 General Plan EIR analyzes the forecasted population increase and indicates police service needs would continue to be met by the City and Palm Desert PD if additional patrol hours are deemed necessary (Chapter 4.14 Public Services and Utilities page 4.14-12. Project development will increase the need for police services. However, this demand is not expected to hinder the City’s ability to provide police services or create demands that would require the construction of a new police station or new facilities. The proposed Project would be developed in an urban area and is surrounded by existing development which is already served by the Palm Desert PD. Additionally, the project complies with the 2016 General Plan EIR, Safety Element Policy 7.2 and Policy 7.8 (page 14.4-4), and will be reviewed by City and police staff to ensure adequate service is maintained as a result of project implementation. The project would also be required to comply with Development Impact Fees in place at the time of construction (through a combination of funds from the applicant and the City’s housing mitigation fund.) These fees on new development allow the City to continue to finance public facilities which goes towards the funding of various public services including police. It also assists in offsetting impacts by providing sufficient revenue for necessary emergency service improvements to ensure acceptable response times, equipment and personnel are maintained. Therefore, development of the proposed project will result in less than significant impacts to police services. Schools Less than Significant Impact. Public education services are provided to the City of Palm Desert by two school Districts; Desert Sands Unified School District (DSUSD) and Palm Springs Unified School District (PSUSD). DSUSD serves most of the developed portion of the City, including the areas south of Frank Sinatra Drive and East of Washington Street, while the PSUSD serves the northwestern portion of the City. The proposed project is located within the DSUSD; James Earl Carter Elementary is the closest school to the proposed project and is adjacent to the project at 74-251 Hovley East Lane. Palm Desert Charter Middle School is approximately 1.5 miles away and Palm Desert High School is approximately 2 miles away. The project proposes the development of a multi-family apartment complex, comprised of 15 buildings and 412 dwelling units, with a mix of 1, 2, and 3 bedrooms. Per the U.S. Census Bureau, the average person per household (PPH) is 2.10 persons (2010-2014). The project has the potential to generate 158 new students based on the District’s Student Generation Rate (See Table XVI-1). The DSUSD 2016 Fee Justification Report indicates that the District’s current and existing school building capacity has an excess capacity at each of the school levels. An additional 158 students would not result in over capacity. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 67 Table XIV-1 DSUSD District Wide Student Generation Rate School Type Dwelling Units Generation Rate* Students Generated Elementary School 412 0.1704 70 Middle School 412 0.0909 37 High School 412 0.1261 51 Total New Students 158 *Source: 2016 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development, April 29, 2016 Education funding comes from a combination of federal, state, and local sources. Assembly Bill 2926 and Senate Bill 50 (SB 50) allow school districts to collect “development fees” for all new construction for residential/commercial and industrial use. At the time of writing, is $3.48/sq.ft. to residential and $0.56/ sq.ft for commercial. Monies collected are used for construction and reconstruction of school facilities. Moreover, school age children may also attend several private schools located in the Coachella Valley. The project will comply with DSUSD development fees (through a combination of funds from the applicant and the City’s housing mitigation fund) and less than significant impacts to local schools are expected. Parks Less than Significant Impact. The City of Palm Desert offers a wide range of park and recreation facilities with various amenities. The City operates and maintains over 200 acres of parkland with more than 12 parks, 2 community centers, an aquatic center, and over 25 miles of multi-purpose trails. The proposed Project would also provide additional recreational amenities such as, common open space, 2 community pools, a wading pool, playground, half basketball court, clubhouse, and other passive recreation amenities. Moreover, the 2016 General Plan EIR analyzes the existing parkland and finds that the current parkland in the City is adequate and currently exceeds the amount of parkland required by the QUIMBY Act and new additional residents would not significantly impact park facilities (Chapter 4.14 Public Services and Utilities, Impacts and Mitigation Measures 4.14.4-1, page 4.14-21 and 4.14-22.) The project will be required to comply with the City’s Development Impact Fees which includes a Park & Recreation fee Therefore, less than significant impacts to parks are expected. Other public facilities No Impact. No increase in demand for government services or other public facilities is expected beyond those discussed in this section (14). Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 68 15. RECREATION – Potentially Significant Impact Less Than Significant with Mitigation Incorporation 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? a,b) Less than Significant Impact. The City of Palm Desert offers a wide variety of recreational opportunities including golf courses, bikeways, and parkland. The City is also located near thousands of acres of National Park and National Monument lands, U.S. Forest Service wilderness lands, as well as state, regional and tribal parks, with miles of hiking, biking and equestrian trails. The 21 acre Hovley Soccer Park is located approximately 500 feet east of the subject property and provides an array of outdoor recreational amenities. The proposed Project would also provide additional on-site recreational amenities such as passive parks, a clubhouse and two community pools. The increased use of existing park facilities associated with the project would not be so substantial as to accelerate their physical deterioration and less than significant impacts are expected. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 69 16. TRANSPORTATION/TRAFFIC – Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? a) Less than Significant With Mitigation. A Draft Traffic Operations Assessment (TOA) was prepared for the proposed project by Kimley-Horn and Associates, Inc. According to the report, the traffic operations assessment was prepared based on the 2010 Highway Capacity Manual (HCM) method for unsignalized intersections, an approved method by the City of Palm Desert for this study. The objectives of this report were: • To document existing lane geometry at the intersection of Hovley Lane East and Jasmine Court (The Marriott’s existing driveway). • To determine the existing, future, and mitigated LOS for the study intersection. • To evaluate the potential need for a future traffic signal at the proposed project driveway. The TOA was based upon an analysis of existing roadway conditions in the project vicinity, a variety of traffic count sources (including peak hour counts collected by the consulting traffic engineers), the 2016 General Plan Mobility discussion, planned roadway improvements and other data and information. The Assessment provides documentation and analysis of existing traffic conditions, trips generated by the project and projected future traffic conditions. An analysis of the study intersection of Hovley Lane East and Jasmine Court/proposed project driveway was performed to determine whether the intersection warrants the installation of a traffic signal. The period studied for this purpose is the post-project condition, after construction and full occupancy of the proposed project. The Kimley Horn TOA indicates that traffic counts were obtained on October 27, 2016. Counts were conducted in the fall, which is the time of year that the Coachella Valley experiences it highest traffic The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 70 volumes. This is due to the fact that area schools are in session and many 2nd home residents are in residence for what is referred to as “the season.” The TOA indicates that three peak hours of traffic were extrapolated from the collected counts: • AM peak (7:45 am -8:45 am) • Mid-day peak (2:00 am -3:00 pm) • PM peak (4:00 pm -5:00 pm) The TOA further states that only the AM and PM peak hour roadway traffic were considered for the study. The mid-day period was identified as a peak due to the afternoon school traffic, however it was not utilized since the proposed project generation during the mid-day period was assumed to be very minor. This assumption is likely based on the probability that residential students would walk to and from school. According to the James Earl Carter Elementary website, the bell schedule is the following: • Mon, Tues., Wed,. and Friday (8:57 am -3:15pm) • Thurs. (8:37 am -1:59pm) Industry standard Institute of Transportation Engineers (ITE) 9th Edition trip generation rates were utilized to determine trip generation for the proposed project. The land use type used was Apartment (220.) The calculation standard is 6.65 DU/acre. When calculated 412 DU x 6.65 DU/acre = 2739.80, which was rounded up to 2,740. The TOA calculates that, upon buildout, the project will generate approximately 2,740 daily vehicle trips or average daily trips (ADT), with 210 ADT expected to be generated in the morning peak hour and 255 ADT in the evening peak hour. The ITE Trip Generation Guidance allows provisions for defining apartments based on the number of floors. For example, Low-Rise Apartments consist of 1-2 floors, Mid-rise consist of 3-10 floors and High-Rise consist of buildings with floors that exceed 10. According to ITE, “Mid-rise apartments are apartments in rental buildings that have between three and 10 levels (floors).” Mid-rise apartments generate fewer trips per unit, which is consistent with land use/transportation research that has shown an inverse relationship between residential density and vehicular trip generation. As shown in the table below, AM and PM Hour rates are reduced when compared to the TOA prepared for the project. Table XVI-1 General Plan Level of Service Analysis: Hovley Lane East/Cook Street and Hovley Lane East and Portola Avenue Description ITE Code ITE Trip Generation Rates Units Daily AM Hour PM Hour Apartments 220 6.65 412 2740 210 255 Low-Rise Apt (1-2 floors) 221 6.59 136 896 63 79 Mid-Rise Apt (3-10 floors) 223 NA 276 NA 83 108 Total 412 NA 146 187 The Los Angeles Department of Transportation (LADOT) Transportation Impact Study Guidelines December 2016, indicated that residential or mixed-use developments that include Affordable Housing Units [as defined in LAMC 12.22-A.25 (b)] are eligible to use reduced trip generation rates, which are based on the total number and type of dwelling units reserved as affordable. These trip generation rates are based on vehicle trip count data collected at affordable housing sites in the City of Los Angeles in 2016. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 71 Table XVI-2 LADOT Affordable Housing Trip Generation Reductions Affordable Housing Type Daily Trip Generation Rate (affordable) ITE Trip Generation Rates Units Daily Family 4.08 6.65 Affordable 4.08 NA 82 335 Market Rate NA 6.65 330 2195 Total 412 2530 The assumption can be made that the daily trip estimate from the TOA of 2740 can be considered conservative. Numerous studies have indicated that daily trips associated with affordable housing are less than the daily trips associated with traditional housing. The reduction is potentially approximately 200 trips (2740 vs. 2530.) Additionally, according to the City of Palm Desert, a large percentage of school traffic associated with the adjacent elementary school is attributed to the dropping off and picking up of transfer students. Students that reside within the school district receive preferential treatment. Therefore it can be assumed that any Elementary School students introduced into the neighborhood by the proposed Project will result in a reduction in the number of transfer students allowed to attend the school, and therefore a further reduction in overall roadway trips in this vicinity when school is in session. Level of Service (LOS) is a measure of transportation system performance based upon the ratio of traffic volume relative to the capacity of the roadway or intersection. The volume-to-capacity ratio (V/C) indicates the overall performance of the roadway segment or intersection and corresponds to a rating of A through F identifying its level of capacity utilization and relative level of congestion. LOS A represents free-flow traffic with little or no delay whereas LOS F represents a breakdown of traffic flow and a high incidence of delay. According to the Palm Desert Mobility Element, Policy 1.3 states that the City will “determine appropriate service levels for all modes of transportation and develop guidelines to evaluate impacts to these modes for all related public and private projects.” The GPU EIR states that this move away from a formal level of service (LOS) is consistent with a region and statewide emphasis on complete streets, alternative transportation and an encouragement to reduce vehicle miles traveled. The GPU EIR indicates that the guidelines will be developed over the next several years so as they are being developed the EIR considered LOS D as the minimum acceptable level of service for intersections and roadway segments in Palm Desert. For peak operating periods, LOS D and/or a maximum volume to capacity ratio of 0.90 is provisionally considered the generally accepted service level. Existing Conditions Summary As noted above and as analyzed in the project traffic operations assessment, Hovley Lane East was analyzed with a focus on the Hovley Lane and Jasmine Court/Project Driveway Intersection. Under existing (2016) conditions, the southbound approach of the study intersection is the worst-case LOS due to the stop-controlled approach and operates at LOS ‘C’ during the AM peak hour and LOS ‘B’ during the PM peak hour. All approaches of the study intersection would operate at LOS ‘C’ or better, under existing conditions. (Table XVI-1 of this discussion). The propose Project is located on Hovley Lane East, between Portola Ave and Cook Street. According to the 2016 GP EIR Technical Background Report, Table 14.8, the existing signalized intersection located at Hovley Lane East and Cook Street currently operates at LOS C for both the AM and PM Peak Hours. The existing The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 72 intersection located at Hovley Lane East and Portola operates at LOS B during the PM Peak Hour. Figures 14.6 and 14.7 of the TBR illustrate the results of the INRIX database, which uses “crowd-sourced data from intersection detectors.” No bottleneck data was shown on Hovley Lane East in either the AM or PM screenshots. Figure 3 of the Kimly Horn TOA indicates that traffic counts on Hovley Lane were 15,101 trips west of the project entrance and 11,770 trips east of the project entrance. Page 2 of the TOA indicates that traffic counts were obtained on October 27, 2016. According to the 2016 TBR Table 14.3 existing ADT on Hovley Lane East was estimated to be 14,200 east of Portola Avenue. The Palm Desert Model Validation Technical Memorandum states that traffic counts taken in December 2014 were 12,969 trips on Hovley Lane East and east of Portola Road. Appendix B: The Traffic Model Validated Base Year Traffic Assignment (Daily) estimated 20,694 trips in this same location prior to adjustment of the model parameters, so the results of the model can be assumed to be conservative. The Technical Memorandum further states that a model is accurately validated when it replicates the actual traffic counts on the major roads within certain ranges of error established in 2010 California Regional Transportation Plan Guidelines (California Transportation Commission, January, 2011). The Memorandum indicates that the extent to which model outputs match existing travel data validates the assumptions of the inputs. Most model validation guidelines have focused on the performance of the trip assignment function in accurately assigning trips to the street network. This metric is called static validation and it remains the most common means of measuring model accuracy. The following table illustrates the results of the static model validation of the Base Year (2014) Palm Desert Model. Table XVI-3 Results of Static Model Validation Base Year (2014) Palm Desert Model Validation Statistic Criterion for Acceptance Model Results Weekday Daily Weekday AM Peak Period Weekday PM Peak Period 2-way Sum of All Links Counted +/- 10% -2% -2% 1% % of Links within Caltrans Standard Deviations >75% 78% 78% 80% RMSE <40% 26% 33% 27% Correlation Coefficient >0.88 0.93 0.93 0.95 % of Screenline within Caltrans Standard Deviations 100% 100% 100% 100% Traffic signal warrants for existing conditions for the proposed project location were prepared within the TOA based on existing peak hour intersection volumes at the unsignalized study intersection at Hovley Lane and Jasmine Court. Project Impacts Industry standard Institute of Transportation Engineers (ITE) 9th Edition trip generation rates were utilized to determine trip generation for the proposed project. The land use type used was Apartment. The TOA calculates that, upon buildout, the project will generate approximately 2,740 daily vehicle trips or average daily trips (ADT), with 210 ADT expected to be generated in the morning peak hour and 255 ADT in the evening peak hour. As discussed previously, utilizing Affordable Housing Trip Generation Reductions reduces the estimate when compared with the TOA. The reduction is potentially approximately 200 trips (2740 vs. 2530.) The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 73 Future Traffic Conditions According to the Traffic Operations Assessment, the background traffic volumes for the project year (2018) were calculated based on existing traffic counts and a conservative annual traffic growth rate. An annual growth rate of 2.0% was applied to the existing (2016) traffic counts to get the future (2018) volumes. The future (2018) post-project volumes were produced by adding the AM and PM trip generated volumes from Table 1 to the future (2018) pre-project volumes. Page 4.15-34 of the 2016 GP EIR indicates that the City will see an increase of 7,365 households by the General Plan Buildout scenario year of 2040. The Proposed project will contribute 412 dwelling units on 18.13 acres. The proposed density of the Project is 22.7 dwelling units per acre (du/ac). The maximum density allowed and analyzed under the General Plan for the project site is 40 du/ac (page 30 of the 2016 General Plan.) Utilization of the maximum density could result in a project with approximately 725 Dwelling Units. The project is proposing 313 dwelling units below the allowable maximum, reducing the total City increase to approximately 7,052. Additionally the subject property is the only remaining vacant parcel on the segment of Hovley Lane East between Portola Avenue and Cook Street. Therefore it can be assumed that construction of the project would result in buildout of this street segment. No significant addition of trips is expected following construction of the Project, associated with future adjacent development. Page 9 of the Palm Desert Model Validation Technical Memorandum indicates that the Palm Desert Model incorporates buildout of the City’s General Plan and incorporates approximately 21 years of growth outside of the City limits; the model generally forecasts conditions out to year 2035. This reinforces the assumption that traffic impacts associated with the proposed Project have been thoroughly analyzed in the City’s 2016 General Plan EIR. A Travel Demand Forecasting (TDF) Model was developed as part of the 2016 General Plan Update. The Model Validation Technical Memorandum indicates that a TDF is a computer program that simulates traffic levels and patterns for a specific area. The model’s output includes projections of traffic volumes on major roads, turning movements at key intersections and estimates of vehicle miles traveled. The Palm Desert Model was developed by adding detail and refining model assumptions within the Riverside County Travel Demand Model (RIVTAM.) The RIVTAM model was developed form the regional Southern California Association of Governments (SCAG) travel demand model that was validated (from a land use and transportation network perspective) to 2008 conditions. Although the entire SCAG region was included in the model, the Palm Desert Model focuses on land use and transportation network assumptions from 2014 conditions within the City limits. Modifications were made to key model components such as the street network, land use data, model time of day factors and trip generation rates. The Technical Memorandum indicates that the model predicts the change in volumes based on land use and network assumptions; however no automated tool can replace professional judgement. A data collection effort was undertaken as part of the City of Palm Desert General Plan process. Weekday daily traffic counts were collected at 40 selected roadway segments. AM and PM peak hour turning movement counts were collected at 40 intersections within the City of Palm Desert. The section of Hovley Lane adjacent to the proposed project was included in the data analysis. The two major signalized intersections closest to the project, Hovley Lane/Portola Road and Hovley Lane/Cook Street were also included within the traffic analysis for the 2016 General Plan Update. Considering the recent nature of the General Plan Update and Citywide traffic analysis as well as the proposed project being well below the density analyzed within these previous studies, the City of Palm Desert determined that the proposed project would be required to update the analysis for the intersection of Jasmine Court and Hovley Lane. The analysis of the surrounding intersections contained within the General Plan Update would be appropriate to utilize for the proposed project. Exhibit XVI-1 Illustrates the intersections analyzed within the 2016 GP Update and EIR. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 74 Exhibit XVI-1 2016 General Plan EIR Study Area Intersections Travel demand models use traffic analysis zones (TAZs) to subdivide a study area for the purpose of connecting land uses to the street network. The model street network includes all freeways, expressways, arterials, mountain arterials, urban arterials, majors, secondarys and collectors within the model study area. Local Streets are represented by centroid connectors which determine how trips originating or terminating at TAZs access the collectors, arterials, etc., included in the street network. Figure 5 of the Project TOA indicates that traffic counts on Hovley Lane are projected to be 16,881 trips west of the project entrance and 14,300 trips east of the project entrance at the project buildout year of 2018. According to the 2016 Palm Desert Model Validation Technical Memorandum, Future Year Traffic Assignment (Daily) Hovley Lane East, to the east of Portola, is projected to contain approximately 16,600 The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 75 total daily trips. Therefore according to the two model applications, the project could result in 281 trips above that projected in the 2016 General Plan EIR. However, as discussed previously, the methodologies for calculating trips associated with Affordable Housing and Varying Floor Count for Apartments can be utilized qualitatively to account for the additional 281 trips when comparing the TOA and the City’s Model Validation Memorandum. The ITE standard trip generation rate for typical Apartments resulted in 2740 adt vs 2530 adt when incorporating the rates for Affordable Housing. This results in a reduction of 210 trips, and therefore a 71 adt increase in traffic east of Portola (16,671 total adt.) This represents a 0.42% difference in trip projections (compared to the GP EIR projected 16,600 total adt) which can be considered a less than significant difference. Considering the increase of 0.42%, the allowable deviation between traffic models, as well as the margin of error within the models, impacts are expected to be less than significant. Therefore it can be concluded that the project trips have been accounted for within the City of Palm Desert 2016 GP EIR. Page 4.15-3 of the GP EIR identifies Hovley Lane East as a Balanced Arterial specifically a Minor Arterial with 4 lanes. Table 4.15-10 HCM 2010 Roadway Segment Functional Class and Daily LOS Thresholds indicates that a Minor Arterial with 4 lanes has a LOS of C with 10,100 trips and a LOS of D at 28,200 trips. The Project TOA estimate of 16,881 trips (with the project) would assumedly be considered LOS D. As stated previously, for peak operating periods, LOS D and/or a maximum volume to capacity ratio of 0.90 is provisionally considered the generally accepted service level. Table 4.15-23 Buildout (2040) Intersection Level of Service Palm Desert (Table XVI-5 of this CEQA document) indicates that the intersection of Hovley Lane East and Portola Avenue will operate at LOS B in both the AM and PM Peak Hours. The Intersection of Hovley Lane East and Cook Street is projected to operate at LOS C for both the AM and PM Peak Hours. Signal Warrant Analysis As mentioned previously an analysis of the project’s study intersection was conducted to determine whether the intersection warrants the installation of a traffic signal. The period studied for this analysis is the post- project condition, after construction and full occupancy of the proposed project is complete. The California MUTCD traffic signal warrant 3 peak hour analysis was conducted for the AM and PM peak hours during the future (2018) post-project conditions for the study intersection of Hovley Lane East and Jasmine Court/proposed project driveway,. The TOA states that the criteria for “70%” volume level is fulfilled for AM and PM peak hours. Therefore, the traffic signal warrant is satisfied for the intersection. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 76 Table XVI-4 Level of Service Analysis: Hovley Lane East and Jasmine Court/Project Driveway Intersection AM Peak PM Peak Approach Delay (s/veh) Approach LOS Approach Delay (s/veh) Approach LOS Existing (2016 Southbound Approach 16.7 C 14.5 B Eastbound Left Approach 9.3 A 8.6 A Future (2018) Pre-Project Southbound Approach 17.4 C 15.2 C Eastbound Left Approach 9.4 A 8.6 A Future (2018) Post-Project Northbound Approach* 36.5 E 26.7 D Southbound Approach 23.6 C 23.5 C Eastbound Left Approach 9.4 A 8.6 A Westbound Left Approach 9.2 A 9.4 A Mitigation (2018) Northbound Approach* 10.0 A 9.8 A Southbound Approach 9.6 A 9.7 A Eastbound Left Approach 4.8 A 4.7 A Westbound Left Approach 4.9 A 4.6 A *The northbound approach of this intersection is the proposed project driveway. The driveway would not be operational until the post-project period. Table XVI-5 General Plan Level of Service Analysis: Hovley Lane East/Cook Street and Hovley Lane East and Portola Avenue AM Peak PM Peak Approach Delay (s/veh) Approach LOS Approach Delay (s/veh) Approach LOS Existing (2014) Cook Street & Hovley Lane East (GP Intersection 3) 27.8 C 26.9 C Portola Ave. & Hovley Lane East (GP Intersection 7) 19.5 B 18.0 B Future (2040) Cook Street & Hovley Lane East (GP Intersection 3) 25.4 C 26.9 C Portola Ave. & Hovley Lane East (GP Intersection 7) 18.6 B 17.5 B The information in Table XVI-1 was derived from the TOA Table 3. The Assessment’s summary of the table is as follows: Under existing (2016) conditions, the southbound approach of the study intersection is the worst-case LOS due to the stop-controlled approach and operates at LOS ‘C’ during the AM peak hour and LOS ‘B’ during the PM peak hour. All approaches of the study intersection would operate at LOS ‘C’ or better, under existing conditions. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 77 Under future (2018) pre-project conditions, the southbound approach of the study intersection is the worst- case LOS due to the stop-controlled approach and operates at LOS ‘C’ during the AM and PM peak hours. No roadway or intersection improvements during the pre-project period are assumed. Under future (2018) post-project conditions, with project traffic, the worst-case LOS at the study intersection becomes the northbound approach with a LOS ‘E’ during AM peak hour and LOS ‘D’ during PM peak hour. As for the southbound approach, the project traffic is expected to change LOS to ‘C’ during AM and PM peak hours. The delays and LOS reported for this condition show significant peak hour traffic impacts that require mitigation. As a mitigation measure for the northbound approach, a traffic signal is recommended at the intersection of Hovley Lane East and Jasmine Court/proposed project driveway under the future (2018) post-project conditions. Under mitigation (2018) conditions, the signalizing at the intersection of Hovley Lane East and Jasmine Court/proposed project driveway will allow the intersection to improve to LOS ‘A’ for all approaches during the AM and PM peak hours. Congestion Management Plan According to the 2016 GP EIR, the Riverside County Congestion Management Program (CMP) is a State- mandated program administered by the Riverside County Transportation Commission (RCTC) that provides a mechanism for coordinating regional land use and development decisions in conjunction with the California Environmental Quality Act (CEQA.) CMP facilities in Palm Desert consist of Highway 111, Highway 74 and Monterey Avenue. However, Highway 111 is exempt from CMP analysis because of its existing level of service at the time of the 2011 CMP analysis which was below the target LOS E threshold. The GP EIR further states that CMP intersections are analyzed using Highway Capacity Manual (HCM) 2010 methodology and require a minimum level of service of LOS E. CMP roadway segments are analyzed using HCM 2010 V/C threshholds and also require a minimum level of service of LOS E. The level of service for freeway segments (under Caltrans jurisdiction) is based on V/C ratios, density (passenger cars per mile per lane), speeds, and service flow rate (passenger cars per hour per lane) based on HCM 2010 methodology. The minimum acceptable level of service is LOS C. The 2016 GP EIR analysis indicates that one intersection currently operates unacceptably at LOS E: Portola Avenue and Magnesia Falls Drive (AM Peak hour). Additionally, a single study intersection under Caltrans jurisdiction operates unacceptably at LOS D: Monterey Avenue and East Bound I-10 Off-Ramp (PM Peak hour). All CMP roadway segments analyzed in the City were determined to operate acceptably at LOS E or better. The proposed project is located approximately 1.25 miles from Monterey Avenue (2 miles driving distance) and approximately 4.25 miles (5.25 miles driving distance) from the intersection of Monterey Avenue and East Bound I-10 Off-Ramp.) The proposed project is not anticipated to directly impact these CMP facilities; however it has the possibility of indirectly impacting these facilities, considering that Monterey Avenue serves as a primary north/south transportation corridor within the City. Potential impacts associated with the project are expected to be offset by fees, such as the Transportation Uniform Mitigation Fee (TUMF), required as Standard Conditions. The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed to accommodate growth. The regional program was put into place to ensure that developments pay their fair share and that funding is in place for the construction of facilities needed to maintain an acceptable level of service for the transportation system. The TUMF is a regional mitigation fee program and is imposed and implemented in every jurisdiction in Western Riverside County. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 78 According to the Coachella Valley Association of Governments Transportation Uniform Mitigation Fee (TUMF) Handbook, effective July 1, 2012, the following are provisions from the TUMF Ordinance and provided as background information: • The provisions of this Ordinance shall apply only to new development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in a change of use and generates additional vehicular trips. • No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the applicable jurisdiction. • No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. Mitigation fees shall be imposed and collected by the applicable jurisdiction and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. Following the implementation of Mitigation Measures and Standard Conditions, the project is expected to have less than significant impacts relative to an applicable plan, ordinance or policy establishing measures of effectiveness for the circulation system. Mitigation Measures: Mitigation measures are required to reduce the potentially significant impact related to traffic impacts. The following mitigation measures are required: TRA-1: The applicant is responsible for the installation of the traffic signal at Hovley Lane East and the Project’s entrance prior to the completion of Project construction. Responsible Party: City Planning Staff, Project Developer Schedule: Prior to project completion TRA-2: The applicant will participate in the funding or construction of off-site improvements through the payment of the Transportation Uniform Mitigation Fees (TUMF) and City of Palm Desert Development Impact Fees (DIF), or a fair share contribution as directed by the City. These fees, required as standard conditions, assist in alleviating cumulative impacts. Responsible Party: City Planning Staff, Project Developer Schedule: Prior to grading and other ground disturbing activities b) Less than Significant Impact. The County Congestion Management Plan (CMP) requires a LOS E or better for regional roadways. As noted previously, project traffic is not expected to conflict with the CMP; Monterey Avenue, Highway 74 and Highway 111 are the only CMP roadways in the City. The project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways. Page 4.15-52 of the GP EIR indicates that the adoption and implementation of the General Plan would maintain the level of service standard (LOS E) for CMP intersections and roadways within the City of Palm Desert. The proposed project density is well below that analyzed in the 2016 GP EIR and can therefore be considered consistent with its analysis. Following the payment of required fees such as TUMF and DIF, less than significand impacts are anticipated relative to the CMP. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 79 c) Less than Significant Impact. The project will have a very limited impact on the facilities or operations of regional airports, and will not result in a change in air traffic patterns, including an increase in traffic levels. The project is located more than 8.5 miles southeast of the Palm Springs International Airport, and approximately 5.0 miles west/southwest of the Bermuda Dunes Airport. The proposed development will not affect the operations of these airports nor create a substantial safety risks. Less than significant impacts are anticipated. Page 4.15-55 of the GP EIR indicates that the adoption and implementation of the General Plan would not modify the planning or operations of Palm Springs International Airport of Bermuda Dunes Airport or introduce land use patterns that may cause substantial safety risks to of form air operations. Less than significant impacts are anticipated. d) Less than Significant Impact. The project will be developed in accordance with City design guidelines and will not create a substantial increase in hazards due to a design feature. The two project access points will be located with adequate sight distances and offsets, and sharp curves are avoided by design guidelines. The project will be required to incorporate adequate stacking distances, as approved by the City Engineer, to prevent queuing and intersection clogging associated with the project. The westerly entrance (nearest the school) will be for emergency access only. Site entrances will be required to incorporate clear signage and striping for pedestrian and student traffic. During construction activities, the project will be required to prepare a traffic control plan to reduce conflicts with the adjacent school. Page 4.15-55 of the GP EIR indicates that the adoption and implementation of the General Plan would not substantially increase hazards due to design features or incompatible uses. The project is required to comply with the General Plan and the City’s design guidelines. Review and approval of the project circulation design by the City Engineer and RCFD shall insure that impacts will be less than significant. e) Less than Significant Impact. Access to the planning area is via Vehicular Oriented Arterials, Enhanced Secondary Roadways, Balanced Arterials and a variety of local streets. Design guidelines further ensure that emergency access will be created and reserved for the proposed project. Both the Fire department and Police department will review project plans to ensure safety measures are addressed, including design details of the two access points. The proposed project will not result in inadequate emergency access. Page 4.15-56 of the GP EIR indicates that the adoption and implementation of the General Plan would not result in inadequate emergency access. The project is required to comply with the General Plan and the City’s design guidelines. Review and approval by the City Engineer, Fire Department and Police Department will ensure less than significant impacts. f) Less than Significant Impact. SunLine Transit has one bus line in the vicinity of the proposed project, Route 53. Route 53 runs through Palm Desert from Highway 111 and the Westfield Mall to Gerald Ford Drive and Cook Street, with a stop on the south side of Hovley Lane, just east of Portola Avenue, approximately .25 miles west of the project. The project will improve the frontage of the project adjacent to Hovley Lane. Improvements will include connection of the sidewalk system between the adjacent development to the east and the elementary school to the west. The project design will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Page 4.15-57 of the GP EIR indicates that the adoption and implementation of the General Plan, which the Project is consistent with, would support the maintenance and expansion of transit, bicycle, or pedestrian facilities consistent with adopted local and regional plans. Less than significant impacts are anticipated. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 80 17. TRIBAL CULTURAL RESOURCES – Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Would the project cause a substantial Adverse change in the significance of a Tribal cultural resource, defined in Public Resource Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: 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 Resource 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. a) Less than Significant Impact with Mitigation. As previously discussed in the Cultural discussion of this document, Helix conducted a project and site specific study on historical and archaeological resources. The assessment included records searches, Native American scoping, historical background research, and field survey. The field survey did not encounter onsite buildings or structures. Outside of the project area but within a one-mile radius, three (3) historical/archaeological sites were previously recorded. Furthermore, the Native American Heritage Commission (NAHC) sacred land record search did not indicate the presence of Native American resources within a half-mile radius of the project. The NAHC recommended that additional local Native Tribes be contacted for further information. Helix sent 31 written requests to local Tribal representatives for comments and further information. Only the Agua Caliente Band of Cahuilla Indians has responded and indicates that the project site is not within the boundaries of the ACBCI Reservation, however, it is within the Tribes Traditional Use Area (TUA). They have requested copies of the Cultural report and any records research in addition to Native American Cultural Resource Monitoring. Therefore, less than significant impacts related to historical resources are expected following Mitigation Measure CR-2 of this Initial Study. b) Less than Significant with Mitigation. Public Resource Code 21074 identifies “Tribal Cultural Resources” as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe” and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources, or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe. To ensure that all significant Tribal Resources are identified and fully considered, the City of Palm Desert initiated a 30-day government to government Tribal consultation period with local tribes from January 23, 2017 to February 23, 2017. During the consultation period, two local tribes responded to consultation requests, the Twenty-Nine Palms Band of Mission Indians identified the project site as part of their Traditional Use Area, and requested a copy The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 81 of the cultural report. The Torres Martinez Desert Cahuilla Indians requested Native American Monitoring and consultation with the City. The consultation took place on November 30, 2017 with the City of Palm Desert and the Tribe. No additional concerns were raised by the Tribe and they are satisfied with the proposed mitigation for cultural monitoring. Therefore, less than significant impacts are expected following the implementation of Mitigation Measure CR-2 of this initial study. Mitigation measures are required to reduce the potentially significant impact related to Tribal Cultural Resources. The following mitigation measure is required: Mitigation Measure: CR-2 The presence of an approved Native American Cultural Resource Monitor(s) shall be required during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the monitor may request that destructive construction halt and the monitor shall notify a qualified archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the Agua Caliente Tribal Historic Preservation Office (THPO). The archaeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of Riverside and the Agua Caliente THPO for permanent inclusion in the Agua Caliente Cultural Register. Responsible Party: City Planning Staff, Project Developer, Native American Tribal Monitor Schedule: During grading and other ground disturbing activities The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 82 18. UTILITIES AND SERVICE SYSTEMS – Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion or existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statues and regulations related to solid waste? a) Less Than Significant Impact. The Project falls under the jurisdiction of the Coachella Valley Water District (CVWD) wastewater service area. CVWD has developed a Sewer System Management Plan (SSMP) pursuant to the State Water Resources Control Board Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The primary goal of the SSMP is to minimize frequency and severity of Sanitary Sewer Overflows (SSOs). The SSMP will cover the management, planning, design, and operation and maintenance of the District's sanitary sewer system. The wastewater system serves approximately 265,000 customers. The system collects municipal waste from residential and commercial users, delivering the collected wastewater to one of six Wastewater Reclamation Plants. The system includes approximately 1,100 miles of sewer, 34 lift stations and approximately 17,000 manholes. The Project proposes a multi-family residential development comprised of 412 dwelling units which will result in an increase in wastewater flows. The Project will connect into the existing 33” sewer line on Hovely Lane, through an 8” sewer line and 6” sewer lateral improvements that are proposed as part of the Project design. A Will Serve Letter dated October 2016, has been provided by CVWD and the project’s land use and density can be accommodated. The will serve letter is attached as Appendix G in this Initial Study. The infrastructure and design components for the project will be consistent with CVWD requirements and water management plan. The project will also be reviewed by CVWD and City staff to assure compliance with all current and applicable wastewater treatment requirements. Therefore, the project is not expected to exceed wastewater treatment requirements of the Regional Water Quality Control Board. Less than significant impacts are expected. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 83 b) Less than Significant Impact. CVWD provides domestic water and wastewater service in the project vicinity and is the largest provider of potable water in the Coachella Valley. It operates more than 100 wells and serves a population of 283,000 in its service areas. CVWD’s 2012 adopted Water Management Plan and 2010 Urban Water Management Plan have been developed to assist the agency in reliably meeting current and future water demands in a cost effective manner. Additionally, CVWD treats nearly 6.3 billion gallons of wastewater a year. The District operates six (6) water reclamation plants and maintains more than 1,000 miles of sewer pipeline and more than thirty (30) lift stations that transport wastewater to the nearest treatment facility. CVWD maintains 5 sewer lift stations within the City’s boundaries. Wastewater from the City is conveyed to CVWD’s Cook Street Water Reclamation Plant No.10 (WRP-10), which treats an average of 10 mgd and has a capacity of 18 mgd. The proposed project would connect into the existing infrastructure, and the project will comply with the existing water management program in place. Per the June 2017 CVWD Design Manual, the average sewage flow for residential is 200 gallons per day (gpd) per equivalent dwelling unit (EDU). Therefore, the project could generate 82,400 gpd of wastewater. This increase would be treated by WRP-10, and is within the treatment capacity of this plant. A Will Serve Letter dated October 2016, has been provided by CVWD and the project’s land use and density can be accommodated. The will serve letter is attached as Appendix G in this Initial Study. The proposed development will be expected to implement water conservation measures to reduce impacts to public water supplies. These measures include low-flow plumbing fixtures, drought-tolerant (native) outdoor landscaping, and water-efficient irrigation systems. The project will undergo review by CVWD and City staff to ensure wastewater capacity and compliance with the current wastewater treatment requirements. Additionally, sewer and water installation and connection fees in place at the time of development will be collected by CVWD. No new or expanded treatment facilities are expected as a result of project implementation, or is the project expected to exceed wastewater capacity. Less than significant impacts are expected. c) Less than Significant Impact. The Clean Water Act (CWA) of 1972 establishes regulations pertaining to the discharge of pollutants to waters of the U.S. from point sources. Subsequent amendments to the CWA in 1987 established a framework for regulating non-point source stormwater discharges under the National Pollutant Discharge Elimination System (NPDES). The proposed Project is located within the Whitewater River Watershed in the Colorado River Region (Region 7). The City of Palm Desert is a Permittee of the Whitewater River Watershed MS4. Individual projects, like the proposed development, are required to comply with these existing regulations. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) panel 06065C2226G, effective August 28, 2008, the entire project and its immediate surroundings are located in a Zone X, area of minimal flooding. As designed, the proposed development would not alter the existing flood zone characteristics identified in the FIRM. Storm water management would be achieved through an engineered drainage system. All storm runoff generated on-site will be conveyed via surface flow to grated inlets located throughout the Project. The runoff will then be conveyed via storm drain lines to underground storage. The proposed improvement plans will be subject to agency review and approval which will ensure that the proposed grading and drainage conditions meet the City standards. Furthermore, the Project is not located in an area subject to flooding by the base (100-year, 1-percent-annual-chance) flood depths designated by the FEMA. The project will comply with the City’s drainage requirements by preventing the discharge and transport of untreated runoff associated with the Project. As such, the Project proponent will be required to develop and implement a Project-Specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. The Project-Specific WQMP will identify a strategy of site design, source controls, and treatment controls with maintenance and monitoring program to address post- The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 84 construction runoff quality and quantity. No new or expanded stormwater drainage facilities are anticipated from project implementation. Less than significant impacts are anticipated. d) Less than Significant Impact. Groundwater is the primary source of domestic water supply in the Coachella Valley. CVWD is the largest provider of potable water in the Coachella Valley and currently provides potable water to the City of Palm Desert. It operates more than 100 wells and serves a population of 283,000 in its service areas. In Palm Desert, CVWD maintains 32 active domestic wells, 13 domestic water reservoirs, and 19 domestic water booster stations. From June 2013 to May 2014, Palm Desert customers used 28,899 acre- feet of water, with a daily average consumption of 25.8 million gallons per day. CVWD’s 2012 adopted Water Management Plan and 2015 Urban Water Management Plan have been developed to assist the agency in reliably meeting current and future water demands in a cost effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. The 2015 UWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet the existing and future urban water demands. Moreover, the Public Utilities & Services section of the 2016 General Plan includes Goal 1 with Policies 1.1 through 1.13 (page 134), which pertain to the preferred stormwater management strategies that promote groundwater recharge, including a preference for on-site retention, infiltration and low impact development. The proposed project density is 22.7 du/ac, well below the allowed maximum density of 40 du/ac. The Palm Desert General Plan EIR states “Water demand can be estimated based on current and future projected population and CVWD current and future service area population. The proposed General Plan’s projected increase in population by 2035 would result in a 7 percent decrease of the forecast population for the entire CVWD service (2016 General Plan, Chapter 4.14 Public Services and Utilities, Impact 4.14.6-4, page 4.14- 39) as shown below in Table 4.14.6-3 Water Service Area and Proposed General Plan Population Forecasts Growth Criteria Palm Desert Population Coachella Valley Water District (CVWD) Service Area* CVWD Planning Area Percentage of Service Area Baseline* 49,786 202,660 25% Future (2035) 60,226 512,200 18% Difference in Percentage of Service Area -7% Source: * CVWD 2011, p. 2-8 Note: * Baseline for Planning Area is year 2012; baseline for CVWD is year 2010. Per the 2016 Palm Desert General Plan EIR, CVWD’s Urban Water Management Plan (UWMP 2011) states the district has a current baseline water demand rate of 482 gallons per capita per day (gpcd). Based on this baseline water demand rate, future growth anticipated in 2035 under the proposed General Plan would result in an increased demand of 5.0 million gallons per day (mgd), or 5,600 AFY. However, according to CVWD’s Urban Water Management Plan, the district has a 2020 target water use demand of 473 gpcd (CVWD 2015, p. 5-7). The UWMP further states that the district’s 2015 actual per capita daily water use of 383 GPCD is currently 19 percent below the 2020 target of 473 GPCD. CVWD has currently achieved its 2020 water use target but continues to implement demand management measures to reduce per capita water use. CVWD anticipates the average per capita use by its existing customers will at least maintain the 383 GPCD average usage observed in 2015. In addition, CVWD anticipates that CVWD future users will achieve a 291 GPCD average usage across all customer classes due to implementation of plumbing code and updated landscape ordinance requirements. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 85 The 2015 CVWD UWMP finds that within the CVWD service area, multi-family demand includes customers with more than one dwelling unit such duplexes, triplexes, apartments, other multiple dwelling properties, and mobile home and recreational vehicle parks served by a master meter. Many of these connections serve properties that are used seasonally. About 3 percent of CVWD’s meters and about 7 percent of total water use are classified as multi-family residential. The estimated permanent population currently served by multi- family residential connections is 54,300 and the per capita use associated with that population was 123 GPCD for 2010-2014 and 107 GPCD in 2015. Given the seasonal use of many multi-family properties, this use is relatively low because many multi-family connections have separate landscape irrigation services. The UWMP further states, that future multi-family residents are expected to use less water than existing properties due to the previously mentioned mandated use of high efficiency plumbing fixtures under the CalGreen building standards and reduced landscape water use mandated by CVWD’s Landscape Ordinance. The City’s Municipal Code has several ordinances in place to ensure water supply and efficiency measures are in place. Additionally, Section 24.04.010 of Palm Desert’s Municipal Code codifies CVWD’s water- efficient landscape ordinance (in compliance with the Department of Water Resources Model Water Efficient Landscape Ordinance). This ordinance requires landscape design that incorporates climate appropriate plant material and efficient irrigation for all new and rehabilitated landscaping projects. Compliance with these ordinances will ensure that future development reduces water demand to meet target demands. Based on CVWD’s 2020 target water use demand of 473 gpcd, the projected population growth assumed under the proposed General Plan would result in an increased demand of 4.9 mgd by 2035, or 5,531 AFY. However, using CVWD actual per capita daily demand of 383 gpcd, would result in an increased demand of 3.9 mgd or 4,478 AFY. The Project site is vacant and undeveloped land and therefore is not currently utilizing domestic water services provided by CVWD. The project proposes a multi-family residential development comprised of 412 dwelling units which will result in an increase to water supplies. It is estimated that a project of this size could use 47,586 gallons per day or 53.3 AFY. As previously discusses, a Will Serve Letter dated October 2016, has been provided by CVWD and the project’s land use and density can be accommodated for potable and wastewater. The will serve letter is attached as Appendix G in this Initial Study. The proposed project would connect into the existing infrastructure on Hovely Lane through on-site improvements of a 12” and 8” water lines. The Project will comply with the existing water management program in place. The infrastructure and design components for the project will be consistent with CVWD requirements and water management plan. The project will also be reviewed by CVWD and City staff to assure compliance with all current and applicable requirements. The proposed development will be expected to implement water conservation measures to reduce impacts to public water supplies. Additionally, water installation and connection fees in place at the time of development will be collected by CVWD. To address the City’s groundwater recharge policies, the Project will implement a stormwater management design with an on-site underground retention structures designed to collect and infiltrate stormwater runoff. The expected combined infiltration capacity of this system is approximately 107,739 cubic feet, which represents the entire volume resulting from the controlling 100-year event. As such, the entire volume of stormwater runoff generated on- site up to the 100-year event will be percolated on-site, contributing to groundwater recharge. Therefore, no new infrastructure will be required as a result of project implementation and less than significant impacts are expected. e) Less than Significant Impact. Wastewater generated by the Project will be conveyed to CVWD Wastewater Reclamation Plant. As previously discussed, CVWD operates 6 water reclamation plants and maintains more than 1,000 miles of sewer pipelines and more than 30 lift stations that transport wastewater to the nearest treatment facility and nearly 6.3 billion gallons of wastewater is treated yearly. Per CVWD’s website, current expansions and improvements to the wastewater collection system and reclamation plans are taking place throughout the Coachella Valley. Therefore, sufficient capacity is available and impacts would be less than significant. The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 86 f, g) Less than Significant Impact. Solid waste disposal and recycling services for the City of Palm Desert is provided by Burrtec. Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Bandlands Disposal site has 15,748.799 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 145,530,000 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards. Using the residential solid waste generation factor of 0.41 tons per dwelling unit from the Riverside County EIR No. 521, the project could generate up 168.92 tons of solid waste. As part of its long-range planning and management activities, the Riverside County Waste Management Department (RCWMD) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15- year projection by the RCWMD indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons in the year 2024 (County of Riverside 2015b). In addition, all future development would be required to comply with the mandatory commercial and multi- family recycling requirements of Assembly Bill 341. Furthermore, Public Utilities and Services Element Policies 4.1 through 4.4 would reduce the demand for solid waste disposal. Policies Public Utilities & Services Element • Policy 4.1: Provide waste and recycling services. Provide solid waste, recycling, and green waste services to the community at a reasonable rate. • Policy 4.2: Zero waste government operations. Strive for zero waste government operations, modeling best practices in solid waste management and recycling for the rest of the community. • Policy 4.3: Waste reduction. Seek to continually reduce Palm Desert’s rate of waste disposal per capita, and to increase the diversion rate of recycling and green waste. • Policy 4.4: Recycled building material. Encourage the use of recycled building and infrastructure materials in new public and private development. The project will comply with all applicable solid waste statutes, policies and guidelines. Therefore, less than significant impacts are expected relative to solid waste and applicable regulations. Mitigation Measures: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 87 19. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact a) Does the project have the potential to 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, 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 Impact. As concluded in the Biological and Cultural Resources sections of this document, the proposed project would result in no impacts or less than significant impacts to these resources. The project is compatible with the City of Palm Desert General Plan and Zoning and its surroundings. The project will not significantly degrade the overall quality of the region’s environment, or substantially reduce the habitat of a wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, 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. Based upon the information and mitigation measures provided within this Initial Study, approval and implementation of the project is not expected to substantially alter or degrade the quality of the environment, including biological, cultural or historical resources. Less than significant impacts are expected. b) Less than Significant Impact. The proposed project and its location, is found to be adequate and consistent with existing federal, state and local policies and is consistent with the City of Palm Desert General Plan and surrounding land use. Approval and implementation of the proposed project will result in less than significant impacts related to cumulatively considerable impacts. c) Less than Significant Impact. The proposed project will not result in impacts related to environmental effects that will cause substantial adverse effects on human beings. The project has been designed to comply with established design guideline and current building standards. The City’s review process will ensure that applicable guidelines are being followed. Mitigation measures and project design features incorporated into the project will reduce impacts to less than significant. Mitigation: None required The Sands Apartments Initial Study/Mitigated Negative Declaration January 2018/Page 88 REFERENCES City of Palm Desert General Plan, 2016 City of Palm Desert Draft Technical Background Report, August 2015 LADOT Transportation Impact Study Guidelines” December 2016 City of Palm Desert General Plan Update & University Neighborhood Specific Plan Draft Environmental Impact Report (DEIR), August 2016 CVWD Development Design Manual, 2017 CVWD 2015 Urban Water Management Plan Traffic Operation Assessment, prepared by Kimley Horn, November 2016 Biological Resources Impact Analysis, prepared by Helix Environmental Planning, Inc., December 2016 Phase 1 Cultural Resource Assessment, prepared by Helix Environmental Planning, Inc., January 2017 Geotechnical Engineering and Percolation Report, prepared by Earth Systems Southwest, December 2016 Preliminary Water Quality Management Plan, prepared by MSA Consulting, January 2017 Preliminary Hydrology Report, prepared by MSA Consulting, Inc., February 2017