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HomeMy WebLinkAbout9/8/2010 - STAFF REPORTS - 1.B. 4°�p p`M S,6 �Z r U Vf * n r4 n�x c � pq�OgAYE�� r�`'F°Ro CITY COUNCIL STAFF REPORT DATE: September 8, 2010 PUBLIC HEARING SUBJECT: AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A MULTI- AGENCY ENTERPRISE ZONE DESIGNATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY The City Council shall consider authorizing the submission of a multi-jurisdiction application to the State's Department of Housing and Community Development for an Enterprise Zone designation for industrial/commercial lands in Desert Hot Springs, Cathedral City, and Palm Springs. The City Council shall also consider approving the Initial Study Negative Declaration in accordance with the California Environmental Quality Act (CEQA). RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. STAFF ANALYSIS: In May 2010, staff from the cities of Cathedral City, Desert Hot Springs, and Palm Springs met to discuss the idea of submitting an application to the State of California to obtain an Enterprise Zone designation for industrial/commercial lands in the Western Coachella Valley region. On June 7, 2010 the three City Councils approved a proposal ITEM NO. \ �1�-- City Council Staff Report (September 8, 2010 -- Page 2) (2010 Enterprise Zone Application) with Greg O'Sullivan a consultant, with Economic Development "ONCALL", to prepare the 2010 Enterprise Zone Application. The Resolution commits the three jurisdictions to create the Desert Cities Enterprise Zone Authority to administer the Desert Cities Enterprise Zone Program; authorizes an annual contribution by each jurisdiction of $75,000 for the 15-year life of the zone; and authorizes staffing to maintain records and updates on zone activities. The City of Palm Springs shall also assist in the development of a self-evaluation process to measure its progress in meeting the goals, objectives and all actions outlined in the Desert Cities Enterprise Zone Application. The application process is very competitive; there are potentially nine applicants with only two designations available in 2010. The Desert Cities Enterprise Zone Team has done extensive out-reach to the regions private sector business community to gain support for the application and most importantly to obtain in-kind and cash commitments. The goal was $350,000 to raise private sector commitments. More than 35 private sector businesses have submitted commitment letters valued at more than $2.2 million dollars. Furthermore, the Desert Cities Enterprise Zone has received extensive support from State Legislators, County Supervisors and Local Coachella Valley Elected Officials, including the Coachella Valley Enterprise Zone Authority. On August 17, the Department of Housing & Community Development issued a Preliminary Boundary Approval for the Desert Cities Enterprise Zone application. The preliminary review and approval demonstrates that the three jurisdictions meet the distressed and population requirement for establishing eligible areas as the foundation for the enterprise zone application and meets the State's boundary configuration requirements. Staff recommends that the City Council authorize the submission of the Enterprise Zone Application, which is due to the State on September 15, 2010. The proposed Enterprise Zone Application is a "Project" under the California Environmental Quality Act (CEQA). As such, CEQA requires that the potential environments impacts associated with the approval and implementation of the Enterprise Zone Program be analyzed. To this end, an Initial Study/Negative Declaration (IS/ND) was prepared for this document in accordance with CEQA and the City's rules to implement it. The IS/ND provides the level of analysis appropriate for this type of project. There were no significant impacts or findings. A copy of the IS/ND is included. Staff recommends that the City Council adopt the CEQA IS/ND. City Council Staff Report (September 8, 2010 -- Page 3) (2010 Enterprise Zone Application) FISCAL IMPACT: If the application is successful the zone will require a commitment of $75,000 per city per year for administering the Enterprise Zone Program for a 15-year term. Funding for the annual commitment would come from the General Fund and Redevelopment Agency— Merged Project Areas 1 & 2. Cathy Van orn Thomas J. Wil n Economic evelopment Administrator Assistant City Manager David H. Ready, Es . City Manager Attachments: Resolution Initial Study-Negative Declaration Desert Cities Enterprise Zone Application 2010 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR DESIGNATION OF THE DESERT CITIES ENTERPRISE ZONE AND APPROVING THE INITIAL STUDY NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on June 7, 2010 the Palm Springs City Council approved the participation in a multi-jurisdiction application for an Enterprise Zone designation for industrial and commercial lands in the cities of Desert Hot Springs, Cathedral City and Palm Springs; WHEREAS, the Palm Springs City Council finds that the application area is economically depressed and that designation of the area as an Enterprise Zone is necessary in order to retain and attract private sector investment to the application area; WHEREAS, the City of Palm Springs authorizes and supports job development, job creation and economic development; WHEREAS, the application of an Enterprise Zone is a "project" under the California Environmental Quality Act (CEQA); WHEREAS, an Initial Study was conducted for the application of an Enterprise Zone designation, and a Negative Declaration was prepared in accordance with CEQA and the City's rules to implement it; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs hereby authorizes the submission of an application to be designated as an Enterprise Zone and additionally offers the following: THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Palm Springs shall assist in the creation of the Desert Cities Enterprise Zone Authority to jointly administer the Desert Cities Enterprise Zone Program; and SECTION 2. The City of Palm Springs authorizes an annual contribution of $75,000 to administer the zone activities; SECTION 3. The City of Palm Springs authorizes that staffing shall be made available to maintain record-keeping, monthly updates on zone activities, and to discuss these activities with program auditors; and 4 Resolution No. Page 2 SECTION 4. The City of Palm Springs shall assist in the development of a self- evaluation process to measure its progress in meeting its goals and objectives; and, that this process shall be submitted to the State of California Department of Housing and Community Development for review, approval and inclusion in the Memorandum of Understanding (MOU) prior to final designation; and SECTION 5. The City of Palm Springs agrees to complete all actions stated within the application that apply to its jurisdiction should the proposed Enterprise Zone be awarded designation; and SECTION 6. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council makes the following environmental determination and recommendations: (a) The record, as a whole, including the initial study and any comment received, demonstrates that there is no substantial evidence that the project will have a significant effect on the environment; and (b) The Negative Declaration reflects the City's independent judgment and analysis. SECTION 7. The City Manager or his designees will work cooperatively with the Cities of Desert Hot Springs and Cathedral City to implement and maintain the Enterprise Zone for a period of not less than 15 years; SECTION 8. The City of Palm Springs authorizes the City Manager or his designee to execute all documents related to these actions. ADOPTED THIS 8TH DAY OF SEPTEMBER, 2010 David H. Ready, City Manager ATTEST: James Thompson, City Clerk J Resolution No. Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION TRI-CITIES ENTERPRISE ZONE DESIGNATION LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Craig A. Ewing, AICP (760) 323-8245 PROJECT TITLE: Tri-Cities Enterprise Zone Designation PROJECT LOCATION: City-wide PROJECT DESCRIPTION: The Cities of Cathedral City, Palm Springs and Desert Hot Springs are proposing the creation of an Enterprise Zone. An Enterprise Zone is a defined area, approved through the California Department of Housing and Community Development, which provides businesses who locate or expand within its boundaries with tax credits and similar benefits for their efforts. The Enterprise Zone designation is an incentive for these businesses, and provides the host jurisdiction with an economic development tool it can use to attract and retain businesses. The Tri-Cities Enterprise Zone is proposed to consist of lands in Palm Springs, Cathedral City and Desert Hot Springs. In total, 17,406.7 acres are included in the proposed Zone boundary. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that the proposed Tri-Cities Enterprise Zone Designation will have no impact on the environment. The City hereby prepares and proposes to adopt a Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Negative Declaration will commence at 8:00 a.m. on August 18, 2010 and end on September 6, 2010 at 5:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: Craig.EWing(CDpalmsprings-ca_gov Copies of the Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING: This matter has been set for public hearing before the City Council on September 8, 2010 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION TRI-CITIES ENTERPRISE ZONE DESIGNATION LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Craig A. Ewing, AICP (760) 323-8245 PROJECT TITLE: Tri-Cities Enterprise Zone Designation PROJECT LOCATION: City-wide PROJECT DESCRIPTION: The Cities of Cathedral City, Palm Springs and Desert Hot Springs are proposing the creation of an Enterprise Zone. An Enterprise Zone is a defined area, approved through the California Department of Housing and Community Development, which provides businesses who locate or expand within its boundaries with tax credits and similar benefits for their efforts. The Enterprise Zone designation is an incentive for these businesses, and provides the host jurisdiction with an economic development tool it can use to attract and retain businesses. The Tri-Cities Enterprise Zone is proposed to consist of lands in Palm Springs, Cathedral City and Desert Hot Springs. In total, 17,406.7 acres are included in the proposed Zone boundary. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that the proposed Tri-Cities Enterprise Zone Designation will have no impact on the environment. The City hereby prepares and proposes to adopt a Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Negative Declaration will commence at 8:00 a.m. on August 18, 2010 and end on September 6, 2010 at 5:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: Craig.Ewing(@palmsprings-ca.gov Copies of the Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING: This matter has been set for public hearing before the City Council on September 8, 2010 Draft Initial Study and Negative Declaration Tri-City Enterprise Zone Designation Application August 2010 Applicant: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 760-323-8245 Prepared by: Terra Nova Planning & Research, Inc. Nicole Sauviat Criste, Consulting Planner 9 TABLE OF CONTENTS Title Page No, Chapter 1 — Introduction 1.1 Purpose and Authority........................................................... 3 1.2 Determination..................................................................... 3 1.3 Authority to Prepare a Negative Declaration............................... 3 1.4 Public Review Process......................................................... 3 Chapter 2— Project Summary 2.1 Project Location................................................................... 4 2.2 Project Description............................................................... 6 Chapter 3— Environmental Checklist Form............................................. 7 Chapter 4— Discussion of Environmental Impacts........................... 22 City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 2 10 CHAPTER ONE -- INTRODUCTION 1.1 Purpose and Authority This Initial Study and Negative Declaration have been prepared for the Tri-Cities Enterprise Zone Designation Application, an application being submitted jointly by the Cities of Cathedral City, Palm Springs and Desert Hot Springs. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Palm Springs is lead agency for this project pursuant to CEQA. 1.2 Determination This Initial Study determined that the proposed Tri-Cities Enterprise Zone Designation Application will not have a significant impact on the environment. A Negative Declaration is proposed. 1.3 California Environmental Quality Act (CEQA) Authority to Prepare a Negative Declaration This Draft Negative Declaration (DND) has been prepared by the City of Palm Springs as lead agency and is in conformance with Section 15070, Subsection (a), of the State of California Guidelines for Implementation of the CEQA. The purpose of the DND and the Initial Study Checklist was to determine whether there were potentially significant impacts associated with the Tri-Cities Enterprise Zone Designation. 1.4 Public Review Process In accordance with CEQA, a good faith effort has been made during the preparation of this DND to contact affected agencies, organizations and persons who may have an interest in this project. The DND has been sent to the Riverside County Clerk, responsible agencies, and advertised in The Desert Sun. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 3 CHAPTER TWO — PROJECT DESCRIPTION 2.1 Project Vicinity The proposed Enterprise Zone Designation would be applied to lands in the Cities of Cathedral City, Palm Springs and Desert Hot Springs. The Enterprise Zone boundaries are shown below, in Figure 2-1. Generally, the areas surrounding the Enterprise Zone Boundary in each City are a mix of residential, commercial and vacant desert lands. The Enterprise Zone area consists of partially developed commercial and industrial lands in each of the three Cities. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 4 12 Figure 2-1 Enterprise Zone Area Map ...... ....... . % Desert Cities Enterprise Zone I M°B6 Proposed Enterprise Zone Map DigpiDer.nHptSprngs " •`• July 12,2010 - Merl Hat Springs a .. M� EE Cltyar ! Cam Hot SOMOS '3k' yE4 E' City of Dsren Hot Sprints 01 E i i tl r'tl �2 ��. CRY.[ Peim spri �,. City M Ce}pedgl City d 11 ' are v,Ma�w E j i ti City of Cpt"dgiclot '€ Cltynf 3} y "k m t: Proposed EZ Boundary 7 .s � Participating Jurisdiction Boundaries Non-ParticipatiltgNJrladictton Eligible Area ... '.. i Industrial Area DHS Commercial Area �Cathedral City Commercial Area Commercial Zoning cuyat � industrial Zoning y,^a \ Cathtlrd a P '.Mixed-Use Zoning` City of Palm spring+ ._....Freeways Major Roads r """�,°""•�"""""""*" j € Streets '3y:;,. Cityof f 1 ........ ......Pe3rn eorim 73.d%planned for Commercial ....._._ ......... ..... ............. . . :. ....-.... ._..... .......... City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 5 13 2.2 Project Description The Cities of Cathedral City, Palm Springs and Desert Hot Springs are proposing the creation of an Enterprise Zone. An Enterprise Zone is a defined area, approved through the California Department of Housing and Community Development, which provides businesses who locate or expand within its boundaries with tax credits and similar benefits for their efforts. The Enterprise Zone designation is an incentive for these businesses, and provides the host jurisdiction with an economic development tool it can use to attract and retain businesses. The Tri-Cities Enterprise Zone is proposed to consist of lands in Palm Springs, Cathedral City and Desert Hot Springs. In total, 17,406.7 acres are included in the proposed Zone boundary. As shown in Table 1, below, over half the land is located in the City of Palm Springs (10,136.3 acres), while 4,025 acres are located in the City of Desert Hot Springs, and 3,209 acres are located in the City of Cathedral City. The majority of the land proposed for inclusion in the Enterprise Zone is currently designated for either commercial or industrial development. The balance of the lands are designated primarily for residential uses. It is expected that most, if not all development that would result from the designation of the Enterprise Zone would occur on lands already designated for commercial or industrial users. Table 1 Enterprise Zone Acreage by City Acreage Other Total Area Jurisdiction Zoned Area Commercial Acreage Acreage and Industrial City of Cathedral City 2,116.5 1,092.5 3,209.2 City of Desert Hot Springs 1,049.1 21976.4 4,025.5 City of Palm Springs 5,407.0 1 4,765.1 10,172.0 Totals 1 8,572.61 8,833.9 17,406.7 The proposed Enterprise Zone designation will not result in any physical development on Zone area lands. Should the application to the State be successful, each of the participating cities will be able to use the designation to attract future businesses, insofar as they will have the ability to describe Enterprise Zone benefits and incentives to prospective businesses, or to existing businesses wishing to expand within the Zone. The lands designated for commercial or industrial development in the three Cities are approximately 50% developed. Assuming a 22% building coverage for both industrial and commercial development (allowing for streets and driveways, parking and loading areas and landscaping requirements), the Zone has the potential to generate up to 41 million square feet of commercial and industrial space at build out. All future development resulting from implementation of the Enterprise Zone will be reviewed by each City under the requirements of the California Environmental Quality Act. Each project's impacts will be considered when development or expansion proposals are brought forward for consideration by each City's Planning Commission and/or City Council. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 6 14 CHAPTER THREE -- ENVIRONMENTAL CHECKLIST 1. Project Name: Tri-Cities Enterprise Zone Designation 2. Lead Agency Name and Address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact Person and Phone Number: Craig A. Ewing, AICP 760-323-8245 4. Project Location: See Figure 2-1. Lands in the Cities of Palm Springs, Cathedral City and Desert Hot Springs. 5. Project Applicants' Name and Address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 6. General Plan Designation: Varies 7. Zoning Designation: Varies $ Description of Project: The Cities of Cathedral City, Palm Springs and Desert Hot Springs are proposing the creation of an Enterprise Zone. An Enterprise Zone is a defined area, approved through the California Department of Housing and Community Development, which provides businesses who locate or expand within its boundaries with tax credits and similar benefits for their efforts. The Enterprise Zone designation is an incentive for these businesses, and provides the host jurisdiction with an economic development tool it can use to attract and retain businesses. The Tri-Cities Enterprise Zone is proposed to consist of lands in Palm Springs, Cathedral City and Desert Hot Springs. In total, 17,406.7 acres are included in the proposed Zone boundary. As shown in Table 1, below, over half the land is located in the City of Palm Springs (10,136.3 acres), while 4,025 acres are located in the City of Desert Hot Springs, and 3,209 acres are located in the City of Cathedral City. The majority of the land proposed for inclusion in the Enterprise Zone is currently designated for either commercial or industrial development. The balance of the lands are designated primarily for residential uses. It is expected that most, if not all development that would result from the designation of the Enterprise Zone would occur on lands already designated for commercial or industrial users. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 7 1 9 Surrounding Land Uses and Setting: Lands surrounding the Enterprise Zone boundary range from single and multiple family residential developments to vacant desert lands. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): City of Cathedral City City Council City of Desert Hot Springs City Council California Department of Housing and Community Development City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 8 16 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant With Mitigation Incorporated" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous ❑ Hydrology/Water ❑ Land Use/ Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities / Service Mandatory Findings of Significance Systems City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 9 17 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1.AESTHETICS--Would the project: 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? 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 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) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland, to non-agricultural use? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 10 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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: 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? f)Generate greenhouse gas emissions either directly or indirectly, that may have a ❑ ❑ ❑ significant impact on the environment? g) Conflict with an applicable plan, policy or regulation adopted for the purpose of ❑ ❑ ❑ reducing the emissions of greenhouse gases? 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ ❑ ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation 1 c�, Page 11 1 9 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ ❑ plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands 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? 5. CULTURAL RESOURCES -- Would the project: 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? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 12 Q Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS -- Would the project: 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 ❑ ❑ ❑ El 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 waste water disposal systems ❑ ❑ ❑ where sewers are not available for the disposal of waste water? 7. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a)Create a significant hazard to the public or the environment through the routine ❑ ❑ ❑ transport, use, or disposal of hazardous materials? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 13 2 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or ❑ ❑ ❑ waste discharge requirements? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 14 2 2 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 15 23 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 9. LAND USE AND PLANNING - Would the project: 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? 10. MINERAL RESOURCES -- Would the project: 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? 11. NOISE—Would the project result in: 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? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 16 24 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? 12. POPULATION AND HOUSING -- Would the project: 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? 13. PUBLIC SERVICES 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: i) Fire protection? ❑ ❑ ❑ ii) Police protection? ❑ ❑ ❑ III) Schools? ❑ ❑ ❑ iv) Parks? ❑ ❑ ❑ v)Other public facilities? ❑ ❑ ❑ City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 17 25 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 14. RECREATION 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? 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the ❑ ❑ ❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard 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) Result in inadequate parking capacity? ❑ ❑ ❑ El g) Conflict with adopted policies, plans, or programs supporting alternative ❑ ❑ ❑ transportation (e.g., bus turnouts, bicycle racks)? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 18 26 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS — Would the project: 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 of 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 project's projected demand in addition to the provider's 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 statutes and regulations related to solid ❑ ❑ ❑ waste? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 19 27 17. MANDATORY FINDINGS OF SIGNIFICANCE 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? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 20 26 DETERMINATION On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ❑ environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to ❑ applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed ❑ adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Craig A. Ewing, AICP Date Director of Planning Services City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 21 CHAPTER FOUR -- DISCUSSION OF ENVIRONMENTAL IMPACTS This section provides explanation and justification of the Initial Study Checklist found in Chapter Three. The Enterprise Zone Designation will not generate any construction in any of the three Cities. As such, the Enterprise Zone Designation will not impact the environment, and no mitigation measures are proposed as part of this review. 1. AESTHETICS a) Would the project have a substantial adverse effect on a scenic vista? No Impact. The Enterprise Zone designation will have no impact on scenic vistas. Future development on lands within the Enterprise Zone will be regulated by each of the three Cities, which all have zoning and general plan standards which limit building height and mass. Each proposed project within the Zone will be reviewed for compliance with these standards, to ensure that scenic vistas are not significantly affected. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. The Enterprise Zone designation will have no impact on scenic resources. All the lands proposed for designation are located on the Valley floor, and would not impact any rock outcropping, significant stand of trees or historic building. Should such a resource be identified when an individual project within the Zone is proposed, each City will review the potential impacts of that individual project directly. c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The Enterprise Zone designation will have no impact on visual character. Each project proposed in the future will be analyzed for its compatibility with its surroundings, and any potential impacts will be considered at that time. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The Enterprise Zone designation will have no impact on light and glare. Future projects within the Zone boundary will be required to comply with each City's lighting standards, which all limit the potential for light spillage on surrounding properties. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 22 30 2. AGRICULTURE a) Would the project 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? No impact. No Prime or Unique Farmland occurs in any of the Cities, nor is any Farmland of Statewide Importance identified within or adjacent to any of the Cities. The Enterprise Zone designation will have no impact on farmland. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? No impact. There is no agricultural zoning in any of the Cities, nor are there any Williamson Act contracts in or adjacent to any of the Cities. The Enterprise Zone designation will have no impact agricultural use or Williamson Act contracts. c) Would the project involve other changes in the existing environment which, due to their location or nature could result in conversion of Farmland to non- agricultural use? No impact. The Enterprise Zone designation will have no impact on Farmland. See responses a)and b), above. 3. AIR QUALITY a) Would the project conflict with or obstruct implementation of the applicable air quality plan? b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Would the project expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? No Impact The Enterprise Zone designation will have no impact on air quality. Individual development or expansion projects will be reviewed for their impacts to air qualify as these projects are proposed. Should any of these projects significantly impact air quality, mitigation measures specific to the project will be imposed at that time. fl Generate greenhouse gas emissions either directly or indirectly, that may have a significant impact on the environment? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 23 3 1 g) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The Enterprise Zone designation will have no impact on greenhouse gases. Individual development or expansion projects will be reviewed for impacts associated with the generation of greenhouse as these projects are proposed. Should any of these projects significantly impact greenhouse gases, mitigation measures specific to the project will be imposed at that time. 4. BIOLOGICAL RESOURCES a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Would the project 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) Would the project 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? No impact. The Enterprise Zone designation will have no impact on biological resources. The future development of individual projects will occur on lands already identified for development, generally located in areas which have been impacted by existing development. The review of impacts to biological resources on individual parcels will occur as projects are brought forward for consideration. e) Would the project conflict with any local policies or ordinance protecting biological resources, such as a tree preservation policy or ordinance? 0 Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No impact. The Enterprise Zone designation will have no impact on local policies protecting biological resources. Future projects will be required to comply with the requirements of the Coachella Valley Multiple Species Habitat Conservation Plan, which will be implemented by the Cities. Conformance to the Plan is a standard which assures that projects do not impact covered species. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 24 32 5. CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? No Impact., The Enterprise Zane designation will have no impact on cultural resources. As projects are proposed in the future, the specific site(s) will be analyzed individually for their potential to harbor such resources. Should prehistoric or historic resources be identified on these lands, mitigation measures are readily available to assure that these resources are not impacted. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The Enterprise Zone designation will have no impact on paleontological resources. All of the three Cities are located on relatively young alluvial soils which do not harbor paleontological resources. All are located several miles east of ancient Lake Cahuilla's shoreline, and therefore outside the influence area for resources associated with the Lake. d) Would the project disturb any human remains, including those interred outside of formal cemeteries? The Enterprise Zone designation will have no impact on human remains. All projects, when constructed, are required to conform to State law, which requires that all work stop on a site when human remains are identified, and that law enforcement be contacted, and Tribal consultation be undertaken prior to disturbance of such remains. This State requirement assures that there will be no impact to human remains. 6. GEOLOGY AND SOILS a) Would the project 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? No Impact. The Enterprise Zone designation will not impact seismic hazards. When development or expansion projects are proposed in the future, each City City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 25 331 will require adherence to the building codes in effect at the time that development occurs. These Codes are designed for seismic zones, and include standards and requirements which assure that structures are not located in hazard areas without setbacks; that ground shaking is remediated in building design; that liquefaction hazards, if they occur, are remediated through foundation design; and that soils are properly compacted and designed to prevent landslides. b) Would the project result in substantial soil erosion or the loss of topsoil? c) Would the project 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 offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks of life or property? No Impact.The Enterprise Zone designation will have no impact on soils. Future projects will be required to implement each City's standard requirements for fugitive dust, including the preparation of PM10 management plans; and will be required to provide site-specific soils analysis to remediate expansive or unstable soils. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal or wastewater? No Impact., The Enterprise Zane designation will have no impact on soils as it relates to septic tanks. Future projects in each of the Cities will be required to connect to sanitary sewer services, and will not be permitted to propose septic tanks. 7. HAZARDS AND HAZARDOUS MATERIALS a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Would the project 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) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No impact. The Enterprise Zone designation will have no impact on hazards or hazardous materials. Should a development proposal within the Zone propose the transport, use or disposal of hazardous materials, its review under CEQA will determine whether significant impacts will occur, and whether mitigation measures are necessary. Similarly, should a project proposed within the Zone create a risk of upset or emit hazardous materials, each City will require mitigation and remediation consistent with the emergency response plans in City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 26 34 effect at the time that development is proposed. All three Cities' fire departments have such plans, and will be part of the project review process, to assure that potential impacts, if any, are less than significant. d) Would the project 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? No impact. The Enterprise Zone designation will not impact hazardous materials sites. Should a future project be proposed on such a site, each City and Riverside County enforce strict standards for the remediation and clean-up of such sites, prior to any construction occurring. These standards assure that future projects will not be impacted by such sites. 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? No impact. The Enterprise Zone designation will have no impact on the Palm Springs Airport land use plan. Lands in the Zone which are located in the City of Desert Hot Springs are over a mile from the airport boundary. Lands in the Zone in the Cities of Cathedral City and Palm Springs occur to the north and east of the airport boundary. However, there are established standards for development within the airport's influence area which both Cities will implement, should a project be proposed in these areas. There are no other airports or airstrips within or adjacent to the Zone boundary. g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No impact. The Enterprise Zone designation will have no impact on emergency response or evacuation. Any projects in the future will occur on the Cities' established street grids, which are designed to accommodate emergency vehicles. Evacuation routes will not require amendment as a result of future development. h) Would the project 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? No impact. The Enterprise Zone designation will have no impact on wildland fires. Lands proposed within the Zone which could accommodate future projects are not located near the San Jacinto or an Bernardino Mountains, where wildland fires exist. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 27 35 8. HYDROLOGY AND WATER QUALITY a) Would the project violate any water quality standards or waste discharge requirements? b) Would the project 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 a 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)? No impact. The Enterprise Zone designation will have no impact on water quality standards, waste discharge requirements or groundwater supplies. Future development or expansion projects will be required to conform to the standards of the Desert Water Agency, Mission Springs Water District or Coachella Valley Water District, as well as the Regional Water Quality Control Board, and will be required to connect to sanitary sewer. Future projects will also be provided water by Desert Water Agency, Mission Springs Water District or Coachella Valley Water District. These agencies implement strict standards related to water quality. All three agencies have also prepared and adopted Urban Water Management Plans, based on each jurisdiction's General Plan land use designations, which demonstrate that they have sufficient supplies to serve the Cities' build out land use plan. c) Would the project 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 offsite? d) Would the project 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 offsite? e) Would the project 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? No Impact. The Enterprise Zone designation will have no impact on drainage patterns or stormwater runoff. Projects proposed in the future will be evaluated individually, and will be required to meet the Cities' NPDES standards to protect stormwater from pollution. All three Cities implement the same standards, based on their co-permitee status with the County of Riverside. The Cities will also evaluate these projects' hydrology studies to assure that stormwater is retained on site or released to existing stormwater facilities, consistent with each City's requirements and standards. These reviews will occur through the CEQA process and the plan check process for each project. 0 Would the project otherwise degrade water quality? No Impact. See response a), above. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 28 36 g) Would the project place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Would the project place within a 100-year flood hazard area, structures which would impede or redirect flood flows? i) Would the project 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? No Impact. The Enterprise Zone designation will not place housing or other structures in a 100 year flood plain. Flood plains in the three.Cities are clearly identified in their General Plans and Public Works documents. Should a future project be proposed in a flood plain, each City's CEQA and project review will assure that standards for construction within a flood plan are adhered to. j) Would the project be susceptible to inundation by seiche, tsunami, or mudflow? No Impact. The Enterprise Zone designation will not be impacted by seiche, tsumani or mudflow. None of the Cities in an area where seiche or tsunami hazards occur. The potential for mudflow in the Cities is limited to channels and mountain sides outside the areas designated for development in either the Cities' General Plans or the Enterprise Zone boundary. 9. LAND USE AND PLANNING a) Would the project physically divide an established community? No Impact. The Enterprise Zone designation will have no impact on established communities. Projects proposed in the future will occur in commercial and industrial areas of each City, and not in residential neighborhoods. As individual projects are proposed, they will be reviewed for their compatibility with surrounding development, and buffered, if necessary, from adjacent projects. b) Would the project 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? No Impact. The Enterprise Zone designation will have no impact on any of the Cities' land use plans or policies. The Enterprise Zone designation makes no change to any land use designation in any of the Cities. A majority of the lands within the Zone boundary are designated for commercial or industrial development. These lands are most likely to develop as part of the Zone's incentive programs. Should a project be proposed on lands which are not currently designated for commercial or industrial use, as appropriate, each City would analyze that project, and associated General Plan and Zoning Map amendments, on an individual basis to assure compatibility. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 29 37 c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. No Impact. The Enterprise Zone designation will have no impact on the Coachella Valley Multiple Species Habitat Conservation Plan. The Plan clearly defines restricted development and conservation areas, and development within the Zone boundary is not proposed in these conservation areas. 10. MINERAL RESOURCES a) Would the project 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) Would the project 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? No Impact. No Impact. The Enterprise Zone designation will have no impact on mineral resources. Future projects will be reviewed individually for their potential impacts. However, since the primary resource in this part of the Coachella Valley is sand located in the Whitewater River, and the Whitewater River is not proposed for future development, it is not anticipated that future development in the Zone boundary would affect mineral resources. 11. NOISE a) Would the project result in 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) Would the project result in exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. No Impact. The Enterprise Zone designation will have no impact on the noise environment. Each City has both General Plan and Municipal Code standards for noise levels, which future projects will be required to meet. The analysis of site specific conditions will be undertaken during individual project and CEQA reviews. 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? City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 30 36 0 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? No Impact. No Impact. The Enterprise Zone designation will have no impact on airport noise, nor will it be impacted by airport noise. The Palm Springs airport noise contours, as identified in the airport master plan, do not extend to areas where development in the Zone would be expected to occur. 12. POPULATION AND HOUSING a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes or businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. No Impact. The Enterprise Zone designation will have no impact on population and housing. Future development or expansion of facilities has the potential to increase the population of each City. However, since development in the future is expected to occur on lands already designated for commercial or industrial development, the potential future households which might be created would be part of each City's natural growth pattern. 13. PUBLIC SERVICES 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 government 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 following public services: i. Fire protection? ii. Police protection? iii. Schools? iv. Parks? V. Other public facilities? No Impact. No Impact. The Enterprise Zone designation will have no impact on public services. Development proposed in the future is expected to be consistent with the land use designation and future population accommodated in the General Plan, and is not expected to increase the population or housing units in any of the Cities beyond those already anticipated in the General Plan. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 31 39 14. RECREATION 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? No Impact. No Impact. The Enterprise Zone designation will have no impact on recreation. Development resulting from the designation will be commercial or industrial in nature, and will have.extremely limited potential to impact parks or recreation. Residential development needed to support any new households would be required to comply with the parks mitigation fee ordinance in effect in each of the three Cities. 15. TRANSPORTATION/TRAFFIC a) Would the project cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Would the project exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? c) Would the project 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) Would the project substantially increase hazards due to a design feature (e.g., sharp curves of dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Would the project result in inadequate emergency access? 0 Would the project result in inadequate parking capacity? g) Would the project conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. No Impact. The Enterprise Zone designation will have no impact on transportation or traffic. The designation does not propose changes in the land use designations in any of the Cities, and therefore its implementation would not be expected to result in vehicle trips inconsistent with those considered in the General Plan of each City. Individual projects will be reviewed under CEQA to assess impacts on traffic congestion as the projects are brought forward. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 32 40 Each project brought forward in the future will be evaluated by each City to assure adequate emergency access and . parking, consistent with the requirements of their Community Development and Public Works Departments and their Zoning Ordinance. Commercial and industrial areas are designated on major roadways in each City, and in many cases these lands are currently adjacent to SunLine transit routes. 16. UTILITIES AND SERVICE SYSTEMS a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? e) Would the project result in determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. No Impact. The Enterprise Zone designation will have no impact on wastewater treatment. The implementation of the Zone will not change land use designations, and will therefore not increase the potential effluent which could be generated by development in each of the Cities. All future development will be required to meet regional standards enforced by the Desert Water Agency, Mission Springs Water District, the Coachella Valley Water District and Regional Water Quality Control Board relating to wastewater treatment. c) Would the project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. No Impact. The Enterprise Zone designation will have no impact on storm water facilities or domestic water supplies. Please see section 8., Hydrology and Water Quality. g) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? h) Would the project comply with federal, state, and local statues and regulations related to solid waste? No Impact. No Impact. The Enterprise Zone designation will have no impact on solid waste generation. Future developments will be required to conform to each City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation 41 Page 33 City's waste stream reduction standards in place at the time that they are proposed. 17. MANDATORY FINDINGS OF SIGNIFICANCE 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? No Impact. The Enterprise Zone designation will have no impact on biological or cultural resources. 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)? No Impact. The Zone designation, or the implementation of the Zone programs, will occur on lands already designated for commercial or industrial land uses, and will therefore not cumulatively increase impacts associated with build out of the General Plan. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact. No Impact. The Enterprise Zone designation will have no impact on human beings. The implementation of the Zone will require the same level of review for individual projects as would otherwise occur for any development project in each City. The potential impacts to human being associated with each of these future projects will be evaluated individually as they are proposed in the future. City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 34 4 M? Sources Cathedral City General Plan Palm Springs General Plan Desert Hot Springs General Plan Cathedral City Zoning Ordinance Palm Springs Zoning Ordinance Desert Hot Springs Zoning Ordinance Coachella Valley Multiple Species Habitat Conservation Plan Palm Springs International Airport Land Use Plan City of Palm Springs August 2010 Tri-Cities Enterprise Zone Designation Page 35 43 NOTICE OF PUBLIC HEARING CITY OF PALM SPRINGS ADOPTION OF THE NEGATIVE DECLARATION FOR THE ENTERPRISE ZONE APPLICATION NOTICE IS HEREBY GIVEN that the City of Palm Springs, California will hold a public hearing on September 8, 2010, at approximately 6:00 p.m. or as soon as possible thereafter, in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The purpose of this hearing is to consider the adoption of the Negative Declaration for the Enterprise Zone Application — a multi-jurisdiction application with the Cities of Desert Hot Springs and Cathedral City. The proposed Enterprise Zone Application is a "project" under the California Environmental Quality Act (CEQA) and requires an analysis of potential environmental impacts. To adopt the Negative Declaration, the City of Palm Springs is required to make certain findings pursuant to and in accordance with the California Environmental Quality Act. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m. Monday through Thursday (closed from 11 am to 2 pm). Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments can be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Thomas J. Wilson, Assistant City Manager (760) 323-8248. Si necesita ayuda con esta carta, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Cler 44 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 No3770 t9NOICE TY O011 IS Q M.,C ., AP IcAnoN 200D220807 1NroIm CE IS HEREBY"GO&W that the City.of CalMomla will hold a public hea onr 8,2010 at 00 g ` E.Tahqulta u y`, The purP9-of flits heartrrg .tp consider the I am over the age of 18 years old, a citizen of the United adoption of theme . ttve Declaraton Prise Zone W u[�octi a Enter- States and not a party to, or have interest in this matter. I Cation with the aPP Cathedra!Cs rt of Springs and hereby certify that the attached advertisement appeared plication is e; r P:°P�ed Enterprise zone Ag- in said newspaper set in P under the allfomla Envr ( type not smaller than non panel) �amental Clualityp Act (CEt�) and wires A- in each and entire issue of said newspaperand not in an � of Poteri al envronmerdat impacts. To Y adopt the Nan egartl*Declaration,the City of balm supplement thereof on the following dates,to wit: Springs and ignue make certain finrL'ngs pun vtronmental. nce with the Calirom-la En. t�laMtjr.alCt...... Newspaper: The Desert Sun REVIEW OF RROJECT INFORMATION. The staff report and other supporting documents regarding this matter are available for ppublic re.view of lty Hall between the hours Of 8:00 a.m. 8/28/2010 and 6'00 P•m.Mohday through Thursday(closed from 11 am tc 2 pin) Please contact the Olflre or the City CIeHc at(7gp) PO4 t ypu would like to schedule an appolatmert to rgytary th ments. ese docu- COMMENT" ON, THIS APPLICATION Re spouse to this notice may be made verbally at the PPublic Hearing and/or In writing before the hear. ing. Written oomraents can be made to the Coy Council by letter(for mail or hand delivery)to: I acknowledge that I am a principal Gerk of the printer of James Thompson City Clerk The Desert Sun, printed and published weekly in the City 3200 E.Tahquhz a Way Palm Sphngi� A of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general Any 1Bn � � Pt o circulation on March 24, 1988 by the Superior Court of the wdden�� heed r�deseribedin this notice,or In County of Riverside, State of California Case No. at or nor, ° delivered g.the Cityover men t Cade the p4bNc hearing. (Government 191236. M. �e questions Ing this case m digsc to Thomasd. I declare under penalty of perjury that the foregoing is true son,Assist:rngb nags Ito and correct. Executed on this 28th day of August, 2010 in SI""Oks I-Ciudad d®Palm S sprtip r? ri drts porlevgr;gp a 1yr ppu�B r Palm Springs,California. Nadine Fie[ier teleforro(780 ngs)323 8245. con James Thompson,City Clerk ® PUN d.4IMwo Declarant c'.... ko 9 1�