HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (6) DATE: December 15, 1999
TO: City Council
FROM: Director of Planning and Building
CUP NO. 5.0813 - APPLICATION BY MILES BARRETT FOR PALM SPRINGS
WINDSURFING, LLC TO CONSTRUCT FACILITIES FOR THE "PONDS" WINDSURFING
FACILITY ON 87.1 ACRES AT THE EXISTING PERCOLATION PONDS LOCATED NORTH
OF THE SOUTHERN BORDER OF SECTION 19, OPPOSITE OVERTURE ROAD, ON THE
EAST SIDE OF HIGHWAY 111.
RECOMMENDATION:
The Planning Commission recommends that the City Council approve a conditional use permit,
(Case No. 5.0813),for a proposed wind surfing facility as described above subject to conditions,
and recommend approval of a mitigated negative declaration for said project.
Miles Barrett is the applicant and Mamero Smith, Inc. and Christopher Mills, Architect are the
representatives for Palm Springs Windsurfing,LLC.
BACKGROUND:
The site is located in close proximity to"Windy Point"and has a common occurrence ofhigh winds.
The site includes a series ofpercolation ponds which are manmade. The Percolation Ponds(Ponds)
are arranged in a fan like pattern with an average width of approximately three hundred(300)feet
and a length that varies from450 feet at the narrow point ofthe fan to roughly 1400 feet at the widest
point of the first seven(7)ponds. The first seven(7)ponds,of a total of approximately thirty(30)
ponds,are most commonly full. The applicant has a thirty-five(35)year lease with CoachellaValley
Water District(CV WD)to operate the proposed windsurfing facility.
The CVWD built the Percolation Ponds in 1973 and expanded them in 1983. The PercolationPonds
were built for the purpose of recharging the aquifer. The Percolation Ponds allow the water from
the Colorado Aqueduct to percolate into the groundwater. The water is purified as it seeps through
approximately two hundred(200)feet of sandy soil to reach the underlying aquifer.
The wind that drives the Wind Energy Conversion Systems(WECS)can also propel a windsurfer
across the Ponds. The intersecting angle of the wind to the lengths of the separate ponds provides
for ideal tacking angles. This project proposes to use ponds four (4), five (5) and six (6) for a
windsurfing park The developed footprint of the project,not including the Percolation Ponds,is
three point two(3.2)acres. The total lease area apart from the Ponds themselves is five point one
(5.1) acres. The Ponds are eighty-two (82) acres. This area is proposed to be developed with the
following:
1) A one hundred(100)foot by fifty(50)foot"activities center"containing food concessions,
pro/rental shop,equipment storage and employee lounge.
2) A fifty(50)foot by twenty(20)foot metal building serving as the maintenance center.
3) A ten(10)foot by ten(10)foot entry booth to collect fees.
4) Poitable restrooms and a ten(10)foot by twenty-five(25)foot administrative office.
5) Two (2) ramps providing access from the parking areas to the ponds. One ramp will be
turfed with a dimension of 120 feet by one hundred (100) feet and the other will be
compacted soil at a 120 foot by forty(40)foot dimension.
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6) Landscaping with native species
3 _ a _ zoo
7) A rolling gate at the existing chain link fencing along the western and eastern edge of the
access road to the entry booth..
There is a proposed total of 6,350 square feet of buildings on the 3.2 acre developed footprint.The
only night lighting proposed is for security purposes. The lighting will comply with the City ofpalm
Springs nonglare standards.
The facility will be open daily from March through November from sunrise to sunset. During
summer full moon periods night sailing will be permitted but the facility is primarily intended to be
for daytime use. Up to 115 visitors are expected to use the facility on weekdays and up to 300 on
weekends are expected. Lifeguards will be on duty during all operating hours. Security guards will
be on duty twenty four hours a day, 365 days a year. New chain link fencing will ensure that all
patrons will go through the entry gate where they will receive information on appropriate behavior
and where they are and are not allowed Two (2)full time maintenance employees will ensure that
the site is neat and flee of trash. Accumulated sand along the chain link fences,the windward side
of the buildings, and vegetation will be removed. Removal will be accomplished by methods
ranging from brooms and blowers along buildings, rake, shovel and wheelbarrow in and around
vegetation and bobcat shovels along fence lines. All collected sand will be deposited downwind of
the project site along the northern border of Section 30. These operational standards are in
accordance with mitigation measures for Biological Resources.
ANALYSIS:
The General Plan designation for the project is Open Space, Conservation and the Zoning
designation is W (Watercourse). Recreation uses are allowed in the Conservation Watercourse
General Plan and Zoning designations. The percolationponds already exist andthe proposed project
is only adding the support facilities such as parking, rigging, rest rooms and the like necessary to
facilitate public use for wind surfing activities. There are no current agricultural activities in the
vicinity and the project should not disrupt the residential area located on the southwest side of
Highway 111 (Palm Springs Oasis). The recreation use will be benefitial to residents and visitors
ofthe areawhile maintaining the primary function ofthe Ponds,recharging the underground aquifer.
The currentproposal will re-establish limited access to three(3)ponds through a thirty-five(35)year
lease with the Coachella Valley Water District. Recreation land use is encouraged by the General
Plan in watercourse and conservation areas with the development of appropriate facilities. The
proposed improvements include access to Highway 111 at Overture Drive,parking for 135 cars,a
Butler-type budding whichwill housethepro shop and snackbar,a turfed ramp forpedestrian access
between the parking area and the ponds,and some fencing and landscaping to enclose and define the
project area. The project's parking and access facilities will be designed and installed to the
satisfaction of Caltrans, and the City of Palm Springs Planning and Building and Engineering
Departments.
Surroun in land uses:
North: Percolation ponds and wind turbines
South: The community of Palm Springs Oasis and Highway I I I
East: Percolation ponds and wind turbines
West: Percolation ponds
Surrounding General Plan and Z W zDe Atio
North: GP=Conservation Zoning=W(Watercourse)
South: GPI(Commercial)and 2B(Residential 2 to 5 du/acre) Zoning=CPS and R-1 (Riverside
County jurisdiction)
East: GP=Conservation Zoning=W(Watercourse)
West: GP=Conservation Zoning=W(Watercourse)
The 6,350 sq.ft.of building space associated with the project comprises three(3)per cent,(39/6)of
the total area of 240,000 sq.ft.. The roads and parking areas make up a total of 82,000 square feet,
(341/o), and landscaping and open space,(151,650 sq.ft.)comprise sixty-three percent,(639/6)of the
total project area.
ENVIRONMENTAL ANALYSIS AND NOTIFICATION:
Staff completed an environmental assessment for the project dated October 22, 1999. Potential
environmental impacts from the project include water hazard proximity and water quality issues,
short term air quality during construction, traffic, biological resource impacts, and waste service
impacts.
To address flooding concerns the project is conditioned to provide a Hydrology Study and a Soils
Study.
These studies will provide an appropriate building pad height for the facilities. In order to mitigate
water contact concerns the project operator is required to develop with the Riverside County
Environmental Health Department and/or the California Regional Water Quality Control Board
(CRWQCB)a surface water monitoring program. This program shall be submitted to the City prior
to the issuance of building permits. Dust control during construction will be addressed by
compliance with Chapter 8.50 of the Palm Springs Municipal Code, Fugitive Dust and Erosion
Control. Extensive conditioning relative to the preservation of species habitat is included in the
Environmental Assessment. The Riverside County Health Department will provide approval of
waste disposal. All identified potentially significant environmental impacts have been mitigated to
a level of insignificance.
All property owners within a four hundred(400)foot radius of the subject parcel were notified.
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PLANNING COMMISSION ACTION:
The Planning Commission at its November 24, 1999 meeting, by a 5-0-1-1 vote recommended
approval of the proposed project and the environmental assessment. Recent developments relative
to the Metropolitan Water District's ability to deliver the waterthat would fill the ponds have caused
the applicant to request a`phasing in"of the proposed development. Phase I will include a one-
thousand square foot maintenance/facilities building and a 750 sq. ft. modular administrative
building and one launching ramp in the first of two(2)phases.A reduced operating season of two
(2)to three(3)months in the spring is also anticipated for two(2)to three(3)years. The Planning
Commission agreed to allow the Development Committee to review and coordinate the phasing.
One condition of approval was added requiring the applicant,City staff,and of Seawest Windpower
Inc.to resolve potential access and safety issues with the adjoining wind energy project.
Douglas R ans,Director
Planning and Buildings `Q
Dallas Flicek,Interim City Manager
ATTACHMENTS:
1. Vicinity Map
2. Phasing Map
3. Planning Commission Minutes of 11/24/99
4. Environmental Assessment
5. Resolution/Conditions
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CITY OF PALM SPRINGS
DEPARTMENT OF PLANNING AND BUILDING
INITIAL STUDY
Application No(s:): Case No. CUP 5.0813
Date of Completed Application: 1020/99
Name of Applicant: Palm Springs Windsurfing
Project Description: The Palm Springs Windsurfing park would sit on approximately 5 acres of land leased
from the Coachella Valley Water District(CV WD)and.1 acres of BLM land being used for
access purposes. The pa&will include the following facilities:
1. A grass rigging area about 100 feet long by 80 feet wide.
2. A parking area for 135 vehicles.
3. Two telephone kiosks.
4. Four separate restrooms.
5. A 2,500 s.£playground
6. A 1,000 s.E maintenance building
7. A 5,000 s.£Activities Center
8. A 10 ft.by 10 ft.entry building located approximately halfway between Highway
I I I and the rigging area.
9. Landscaping using predominately native species(Turf will be used a
grcendcover in the rigging area).
10. Chain link fencing along the western boundary of the access road from Highway
I I I to the entry building.
11. A chain and bollard fence along the southerly section line to separate the
CV WD property from the BLM property.
The facility will utilize the westerly most spreading ponds(#a 4,5,and 6)for windsurfing;
the total site area of the ponds is eighty-two(82)acres. Upon full development,the
facility expects to have an average of 75 to 115 surfers on weekdays and 115 to 300
surfers on weekends. It would be open from February through November each year and
from sunrise to sunset seven days a week. Daring full moon periods night surfing would
be allowed. The entry way would be lacked each night
The facility would be constructed during the winter of 1999-2000. This construction
would involve graders,pavers,back hoes,excavators,Pickup trucks and about 20
personnel per day. Numerous trips to and from the site would be made each day during
construction..
Access to the site would be from Highway I I I by the addition of a new intersection leg at
Overture Drive. Highway improvements include a new left turn lane for east bound bsffic
on the Highway,as well as acceleration and deceleration lanes at the new project entry.
At this time there would not appear to be enough traffic to warrant a traffic signal.
The percolation ponds are filled dining periods when excess water is available from the
Colorado River Aqueduct by the CV WD under an arrangement with the Metropolitan
IoitSody6iial.lim 1
3 4- 7
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Water District,No additional water resources are being made available for this project and
no domestic water will be used.
Location of project: The Percolation Ponds are located in the northwestern portion of the City of Palm Springs
adjacent to Highway 111,and easterly of the intersection of Overture Drive and Highway
111,and easterly of the intersection of Overture Drive and Highway 111. The site is
finther described as being located in the USGS Desert Hot Springs Quadrangle,a portion
of Section 19,Township 3 South,Range 4 East. The proposed park would be accessible
from Highway 111 by crossing a fifty(50)foot by sixty(60)foot strip of Section 30,T.3S,
R.4E SBBhi
General Plan Designation(s):Conservation
Proposed General Plan Designation(s):No change.
Present Land Use(s):Percolation ponds and vacant land
Existing Zoning(s):W(Watercourse)
Proposed Zoning(s):No change.
InitStdyfinal.fim 2
I. Is the proposed action a"project"as defined by CEQA? (See section Yes
2.6 of Stare CEQA Guidelines. If more than one project is present in
the same area,cumulative impact should be considered).
IL If"yes"above,does the project fall into any of the Emergency Projects listed in Section
15269 of the State CBQA Guidelines?
No
III. If"no"on II.,does the project fall under any ofthe Ministerial Acts listed in Section 15268
(b)of the State CEQA Guidelines?
No
IV. If"no"on III.,does the project fall under any of the Statutory Exemptions listed in Article
18 of the State CEQA Guidelines?
No
V. If'W'on IV.,does the project qualify for one of the Categorical Exemptions listed in
Article 19 ofthe Stare CEQA Guidelines? (Where there is a reasonable probability that the
activity will have a significant effect due to special circumstances,a categorical exemption No
does not apply).
V1. Project Description: The Palm Springs Windstaft Park proposes to add support
facilittes to facilitate the recreational use of the existing percolation ponds located Just
east of Windy Point in the City ofPalm Springs. The sWportfrcilittes include a grassed
rigging area which also serves as a ramp access from the panting area to the ponds,
parking areas, a maintenance building, paved access from Highway 111, restroom
faciltties,sacurityfencing,and native landscaping.
VII. Surrounding Land Uses:
North:Percolation ponds and wind turbines
South:The community ofPahn Springs Obsis and Highway III
East: Percolation ponds and wind turbines
West Percolation ponds
VIII. Surrounding General Plan and Zoning:
North: GP-Conservation Zoning-W(Watercourse)
South GPI(Commercial)and 2B(Residential 2 to 5 du/acre)
Zoning-CPS&RI (Riverside County jurisdiction)
East: GP=Conservation Zoning=W(Watercourse)
West: GP-Conservation Zoning=W(Watercourse)
InitStdy6oal.frm 3
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IX. Is the proposed project consistent with: .
If answered yes or not applicable,no explanation is required)
City of Palm Springs General Plan xYes ❑No ❑N/A
Applicable Specific Plan ❑Yes ONo xN/A
City of Palm Springs Zoning Ordinance xYes ❑No ❑N/A
South Coast Air Quality Management Plan ❑Yes ❑No xN/A
Airport Part 150 Noise Study ❑Yes ❑No xN/A
Are there any of the following studies required?
X.
1. Soils Report x Yes No
2. Slope Study ❑Yes xNo
3. Geoteclmical Report ❑Yes xNo
4. Traffic Study ❑Yes xNo
5. Air Quality Study ❑Yes xNo
6. Hydrology x Yes No
7. Sewer Study ❑Yes xNo
8. Biological Study xYes ONo
9. Noise Study ❑Yes xNo
10.Hazardous Materials Study ❑Yes xNo
11.Housing Analysis ❑Yes xNo
12. Archaeological Report ❑Yes xNo
13. Groundwater Analysis ❑Yea xNo
14. Water Quality Report x Yes No
15. Other ❑Yes xNo
InMidy&nal.fen 4
Potentially
Significant
Potentially Unless Lees Than No
Significant 1Nitiga&n swff sw Impact
Impact incorporated Impact
XI. Incorporated herein by reference are the following-
1) Final Environmental Impact Report on the General Plan Update.
2) U.S.Fish and Wildlife Service in concurrence with the Bureau of Land Management-Biological Opinion
dated 1-&99(F-67).
3) Bureau of Land Management draft Environmental Assessment dated 8-9-99 superseded by#2 above,U.S.
Fish and Wildlife Service Biological Opinion of 1-6-99.
4) Olson Engineering Systems Water Quality correspondence of 5-19-99.
5) Water Quality Control Plan,Colorado River Basin,Region 7, 1994.
Agencies Contacted:
1) Riverside County Department of Environmental Health
2) Cal Trams
3) Bureau of Land Management
4) Coachella Valley Water District
1. LAND USE AND PLANNING
Would the proposal:
a) Conflict with general plan designation or
wing? (Source rs) ❑ ❑ ❑ x
b) Conflict with applicable environmental plans
or policies adopted by agencies with
jurisdiction over the project?
❑ ❑ ❑ x
c) Be incompatible with existing land use in ❑ ❑ ❑ x
the vicinity?
d) Affect agricultural resources or operations (e g.
impacts to soils or farmlands,or impacts from
incompatible land uses)? ❑ ❑ ❑ x
e) Disrupt or divide the physical arrangement of an ❑ ❑ ❑ x
established community(including a low-income
or minority community)?
InitSMyfioal.fim 5
• tq"V,�
3 '
Potentially
Significant
Potentially Unless Less Tban No
Significant Mitigation Significant Impact
Impact Incorporated Impact
La) through e) NO IINPACT. Recreation uses are allowed in the Conservation Watercourse General Plan and Zoning
designations. The percolation ponds aheady exist and the proposed project is only adding the support facilities such as
parking,rigging,rest rooms and the like necessary to facilitate public use for wind surfing activities. There are no current
agricultural activities in the vicinity and the project should not disrupt the residential area located on the south side of
Highway I I I (Palm Springs Oasis). The recreation use will create a second public benefit use of the water resource while
maintaining the primary function of recharging the underground aquifer.
The Ponds at Palm Springs is a world famous windsurfing locale. The design and orientation ofthe percolation dikes aligns
nearly perfectly with the prevailing wind pattem and previous usage produced world record speeds. This is the some wind
regime that has also been tapped through the installation of several thousand wind energy conversion system(W.E.C.S.)
turbines in the vicinity. The public agency that owns and controls the percolation ponds,the Coachella Valley Water
District(CVWD),decided after some experimentation with windsurfing at the Ponds to fence in the ponds and eliminate
public access. During the brief period that windsurfing occurred at the ponds,a reputation was developed that the high
wind speeds combined with the orientation of the water surface led to world-record speed potential.
The current proposal will reestablish limited access to three(3)ponds through a lease with the District Recreation land use
is encouraged by the General Plan in watercourse and conservation areas with the development of appropriate facilities.
The proposed improvements include access to Highway I I I at Overture Drive,patting for 118 cars,a Butler-type building
which will house the pro shop and snack bar,a turfed ramp for pedestrian access between the parking area and the ponds,
and some fencing and landscaping to enclose and define the project area. The project's parking and access facilities will
be designed and installed to the satisfaction of Calttans and the City of Palm Springs Planning and Building and
Engineering Departments
2. POPULATION AND HOUSING
would the proposal:
a) Cumulatively exceed official regional or
local population projections?
❑ ❑ ❑ x
b) Induce substantial growth in an area either directly
or indirectly (e g• through projects
in an undeveloped area or extension or
directly or indirectly(e g. through projects in an
undeveloped area or extension of major
infrastructure)?
❑ ❑ ❑ x
Init3slyfmal.frm 6
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incogotated Impact
c) Displace existing housing, especially
affordable housing? ❑ ❑ ❑ x
2. a) through c)NO IMPACT. The proposed windsurfing park is consistent with the City's General Plan and Zoning
Ordinance provisions which allow recreation uses in the Watercourse designation. No impacts associated with housing
and population resources are expected. This site would not be available for housing under the conditions which exist
relative to potential flooding. An adequate amount of residentially zoned properties are available in the City to
accommodate housing needs.
3. GEOLOGIC PROBLEMS
Would the proposal result in or expose people
to potential impacts involving:
a) Fault rupture? ❑ ❑ x ❑
b) Seismic ground shaking? ❑ ❑ x ❑
c) Seismic ground faihn%including liquefaction? ❑ ❑ x ❑
d) Seichc,tsunami,or volcanic hazard? ❑ ❑ x ❑
e) Landslides or madflows? ❑ ❑ ❑ x
t) Erosion, changes in topography or unstable soil
conditions from excavation, grading and
fill? ❑ ❑ ❑ x
g) Subsidence of the land? ❑ ❑ ❑ x
h) Expansive soils? ❑ ❑ ❑ x
1) Unique geologic or physical features? ❑ ❑ ❑ x
Initswyfimi.frm 7
3,44 3
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Potentially
Significant
Potentially Unless Lear Than No
Significant Mitigation Significant Impact
Impact Incorporated lmpect
J) Is a major landform, ridgeline, canyon, etc.
involved? ❑ ❑ ❑ x
3.a)through(d.LESS THAN SIGNIFICANT IMPACT. The proposal will not alter the existing percolation pond structures
which are sand levees other by than the addition of a ramp near the pro shop building. The ramp will be constructed using
compacted dirt and will be turfed. The site is loud approximately 4 miles south of the Banning Fork of the San Andreas
Fault and will be subjected to earthquakes during the life of the proposed use. While it is possible that the pond levees
could fail during a major event,there is not a significant exposure to escaping water in that a hydrology report,done prior
to the issuance of building permits,will establish safe building pad elevations. The area has not shown any evidence of
subsidence or liquefaction but could experience seismic ground rupture. Soils reports are required during the building
permit stage to address specific building foundation and soil conditions. The construction of any structures on the site
will be designed to comply with the Uniform Building Code which mandates requirements for seismic safety construction.
3.e)through j).NO IMPACT The subject site is generally level and there are no unique natural geologic features. The area
has not shown evidence of any landslides,imidslides,subsidence or unique soils. No major landfomrs are being affected.
4. WATER
Would the proposal result in:
a) Changes in absorption rates, drainage
patterns, or rate and amount of surface
runoff? ❑ ❑ ❑ x
b) Exposure of people or property to water
related bazards such as flooding?
❑ x ❑ ❑
c) Discharge into surface waters or other
alternation of surllice water quality
(e.g. temperature, dissolved oxygen or
turbidity)? ❑ ❑ ❑ x
d) Changes in the amount of surface water in any
water body? ❑ ❑ ❑ x
InitSidyfioal.fim 8
Potentially
Significant
Potentially Unless less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
a) Changes in currents, or the course or direction
of water movements?
❑ ❑ ❑ x
t) Cheap in the quantity of ground waters, either
through direct additions or witbdrawal%or through
interception of an aquifer by cuts or excavations,
or through substantial toss
of groundwater recharge capability? ❑ ❑ ❑ x
g) Altered direction or rate of flow of
grouodwaer? ❑ ❑ ❑ x
b) Impacts to groundwater quality? ❑ x O ❑
1) Substantial reduction in the amount of
groundwater otherwise available for
public water ,applies? ❑ ❑ ❑ x
j) Are there any on-site or any proposed wells? ❑Yes XNo
4.b)and b) POMMALLY WNW-AM MALTU UM It97 ORT UNIS ID1l?MORAIM. The project site is subject to flooding
according to FIRM maps for the area. The site is in an"A"zone with the flood height to be determined prior to obtaining
building permits. The site would appear to be protected from any storm flows by the levees that form the percolation ponds.
However,these levees are unlined and therefore are not considered as permanent protection for any improvements on the
property. Prior to issuance of building permits a hydrology study roust be completed to establish the design flood height
in order to determine building pad elevations. Final grading plans shall demonstrate that building pads are elevated
according to the approved hydrology study.
The project is proposing to use existing water impounding facilities for recreation usage. The recreation use is expected
to happen only at such times as the ponds are filled which is anticipated to vary depending on water availability. The
retention ponds will continue in their main role of percolating wad into the underground aquifer. There will be burom
contact with the water but long-term ground water quality should not be impacted due to the filtration effect of the water
percolating ugh approximately 200+/-feet of sand The Coachella Valley Water District will condome to own and
operate the percolation ponds and maintain responsibility for the water quality in the recharging process. The attached
later from Olson Engineering summarizes the current water quality regulations pertaining to recreational water use in the
Colorado River Basin , Coachella Valley Planning Area. In this review, the State concluded by oral interview that
windsurfing should not be considered as any different than swimming and water skiing,etc. Neither the CV WD or DWA
(Desert Water Agency)currently tests for bacteria,since more bacteria is killed by sunlight exposure(ultra-viola rays)and
natural aeration.(See attached letter from Olson Engineering Systems). There is some potential for health related problems
associated with human contact with water. Ss.Section No.9-Hazards regarding surface water quality impacts due to water
contact. Riverside County Environmental Health Departrront has jurisdiction over recreation lakes. Baseline tests will
establish the ongoing testing requirements to ensure public health standards.
InitStdyfialhm 9
3
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Potentially
Significant
Potentially Unless Las Then No
Sigmliant Mitigation S40fiant Impact
Impact Incogwnted Impact
The mitigation proposed is as follows:
1. Establish on-going testing programwith Riverside County Environmental Health Department and/or California Regional
Water Quality Control Botird,(CRWQCB).
2. Hydrology Study prior to building permit issuance to determine building pad elevations.
3. Water Quality-human contacL See Section 9,Hazards
4.a),c)through g)and i).NO IMPACT. The project will not create a change in the course or direction of water movements,
the quantity of ground water,alter the flow of groundwater and there are no wells on the subject site.
5. AIR QUALITY
Would the proposal:
a) Violate any air quality standard or contribute
to an existing or projected air quality violation?
❑ x ❑ ❑
b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ x
c) Alter air movement; moisture, or
temperature,or cause any change in climate? ❑ ❑ ❑ x
d) Create objectionable odors? ❑ ❑ ❑ x
5.a)POTENTIALLYSIGNMCANTUNLESSMTPIGATIONISINCORPORA7ED.Theconslructionandoperationofthe
Palm Springs Windsurfing Park will generate approximately 452 new additional vehicle trips on an annual average daily
basis. In that the project is consistent with the Palm Springs General Plan and Zoning Ordinance,any additional airpollution
concerns are addressed by the City Council statement of overriding consideration regarding air quality per the adoption
Of the General Plan update in 1993. The statement aclmowledges that it is not feasible to reduce City-wide growth related
impacts to air quality to a level of insignificance at this time.Future project construction and grading activities may produce
short-term pollution and dust As a mitigation erasure,the applicant will be required to submit a Fugitive Dust Mitigation
Plan,prepare in accordance with Chapter 8.50 of the Palm Springs Municipal Code regarding Fugitive Dust and Erosion
Control Tbis document shall be submitted for review and approval to the Building Official prior to the issuance of grading,
excavation or building permits. In this manner,the short term impacts will be mitigated to a level of insignificance.
Mitigation:Compliance with Chapter 8.50 of Palm Springs Municipal Code,Fugitive Dust and Erosion Control.
5.b)through d). NO IMPACT. The project is not of a nature to expose sensitive receptors,alter air movement or create
objectionable odors.
taitSaiyfiaIAm 10
Potentially
Sigoifmant
Potentially Unless Lees Than No
significant Mitigation Sigoiticent Impact
Impact kmporated Impact
6. TRANSPORTATION/CIRCULATION
Would the proposal result in:
a) Estimated Average Daily Trips generated by the
project'!
451.9.1TE(Outdoor Recreation) ❑ ❑ x ❑
b) Increased vehicle trips or traffic congestion? ❑ ❑ x ❑
c) Hazards to safety from design Pastures(c g.,sharp
curves or dangerous intersections)
or incompatible uses(e.g.,farm equipment)? ❑ x p ❑
d) Inadequate emergency access or access to
nearby uses?
❑ ❑ x ❑
e) Insufficient parking capacity on-site or off-
site?
❑ ❑ x ❑
t) Hazards or barriers for pedestrians or
bicyclists? ❑ ❑ x ❑
g) Conflicts with adopted policies supporting
alternative transportation (e g, bus
turnouts, bicycle racks)? ❑ ❑ x ❑
h) Rail,watabome or air traffic impacts? ❑ ❑ ❑ x
6.a) through g) LESS THAN SIGNIFICANT B PACT. c) POTENTIALLY SIGNMICANT UNLESS MITIGATION
INCORPORATED. As mentioned in Air Quality,the facility will attract 452 vehicles a day that is an insignificant increase
in trips and vehicle miles traveled in the region. While there is no ITE traffic generation standard for windsurfing parks,the
452 trips estimate was derived from the TUMF(ITE based)Handbook adopted by CVAG and most local cities using the
"Otttdoor Recreation"land use category. An estimate of the traffic generation using probable user densities corroborates
the TUMF figure. Using a surfer per car figure of 1.5 which is derived from a project survey,and a maximum daily surfer
count of 450,the maximum traffic generated would be 600 cars on the highest use days. 452 cars per day would translate
Lu4Stdyfiaal.frm I
• • 0!,G -so/
Potentially
Significant
Potentially Unless Less Then No
Significant Mitigation Significant Impact
Impact Incorporated Impact
to a daily average approximately 75%of the maximum which is reasonable considering the nature of the use. Thus,the
TUMF figure for"Outdoor Recreation"seems reasonable to apply to this use.
The proposal anticipates improvements to the intersection of Highway 11 I and Overture Drive including acceleration and
deceleration lanes and a left turn bay for southbound Highway I I I traffic. Overture Drive is currently a T-intersection
configuration and will become a hill interaction upon implementation of this proposal. Highway I I I will continue as a
through way with two travel lanes in each direction. Additional improvements to the intersection include a left-turn lane
for east bound traffic taming into the Windsurfing facility and both acceleration and deceleration lanes for west bound
traffic entering or leaving the project site. The Fire Department has accepted the emergency access design. Cal Trans has
requested application for encroachment permits,cross sections of wort to be done,right of way State standards and any
grading plans if necessary. There was no objection to the basic design of the traffic lanes.
On-sitepar ingisplannedfor135cam The facility will include entry registration that will occur approximately 450 feet from
Highway I I I to eliminate conflicts between on-site and highway traffic.
Mitigation:1)Construct northerly intersection incladingaotelerationand deceleration lanes,per Cal Trans and the City ofPaIm Springs
traffic control design standards.
2)The Conditions of Approval shall require thetany special events be approved by Cal Tram and the City Engineer as to traffic control
issues. Separate event permits may be required.
61)NO IMPACT. No impacts are anticipated to mil,waterborne or air traffic facilities.
7. BIOLOGICAL RESOURCES
Would the proposal result in impacts to:
a) Enda Wnd dimsbaedaromalWriasar tb irbsbiias ❑ x ❑ ❑
OAft but mt foiled to
plants,fah,insects,animals,and birds)?
b) Locally designated species? ❑ x ❑ ❑
c) Locally designated natural communities(e.g.
oak forest, coastal habitat, etc.)? ❑ ❑ x ❑
d) Wetland habitat (e g, marsh, riparian and
veinal pool)? ❑ ❑ x 0
e) Wildlife dispersal or migration corridors? O O x p
InitstriAnal.frm 12
Potentially
Significant
Potentiany Unless Leas Than No
significant Mitigation Significant impact
Impact Inooryaated Impact
Is consultation with the California Fish and
1) Game or the Departmaut of Fish and
Wildlife
Service,as a trustee agency,required? xYES ONO
7.a)8ndb).POTENTIALLY SIGNIFICANTUNLESSM MGATIONISINCORPORATED.And7.c)tbroughe).LESSTHAN
SIGNIFICANT IMPACT. Since a minor portion(approximately 3,000 s.f.)ofBLM land is required to be used for access to
the subject site,a Biological Opinion(BO)was requested from the United States Fish and Wildlife Service(the Service).
The opinion ofthe Service is attached along with the Biological study performed for the overall project,The biological study
concluded that while the site could be considered suitable habitat for several species that were either listed as rare and
endangered,or threatened,that no such species were in fact recorded on the site. However,the Service and BLM,set forth
recommended mitigation measures to be implemented for the project reasoning that such species could possibly be found
at times . The subject property is located within the boundaries of the CoacbeUa Valley Fringe-toed Lizard Habitat
Management Plan. That plan establishas the subject property as being to a Management Area and not within the Fee Area
ofthe Plan.
The mitigation proposed by the Service is as follows:
1. The applicant shall apply all terms and conditions of the Biological Opinion (BO) issued by the U.S.Fish and
Wildlife Service fortbis activity(Biological Opinion for Small Projects Affecting Coachella Valley Fringe-toed(sic)
Lizard and the Coachella Valley milkvetch Habitat in Riverside County, California (1-6-99-F-67). These
compensation requirements from the BO satisfy those of the FTHL (Flat Tailed Homed Lizard) Ranaewide
Management Strategy. This is because the FTHL oo-occurs with the CVMV(Coachella Valley Milk Vetch)or
CVFIL(CoacheftValleyFringe-toed Lizard),for which the BO requires habitat compensation. Theapplitantwill
purchase 5 acres of land within the sand transport system in the Snow Creek area for conservation of all three
species.
2. All surface disturbance shall be minimized.
3. All hash shall be promptly removed from the site.
4. The applicant shall prepare and distribute to all employees,a color pamphlet or wallet sized cards with pictures
of the Coachella Valley fringedoed lizard,Coachella Valley milk-vetch and flat-tailed horned lizard. Thew
pamphlets or cards shall explain the ecology and slams of the species and the need to protect these species from
damage.
5. No off-road vehicle travel from the site shall be permitted
6. No pets shall be allowed on the site during construction or operation of the parts.
7. The applicant shall maintain arecord ofall fringe-toed lizards,flat-tailed homed lizards,and Coachella Valley milk-
vetches seen. The record shall show the date,time,observer and location of each sighting. Any damage or death to any
of these three species shall be recorded.
8. With the exception of the grass for the rigging area,only vegetation native to the Coachella Valley shall be used
to landscape the site.
9. All exotic species detected on the site shall be removed at once,with the exception of the grass for the rigging area,
which shall consist solely of common Bermuda grass.
10. The ponds used for surfing shall have all salt-cedar and fountain grass removed. These ponds shall be kept free
of these two species.
Mitigation:
1) Comply with the Biological Opinion per the Draft letter dated August 9, 1999.
Inirstdyfinal.frm 13 /
3 �-
• • , 4,0�p
3
Potmaially
Significant
Potanially Unkss Lacs Than No
Significant btitigation Significant Impact
Impact Incorporated Impact
2) Submit revised landscaped plans.
3) Litter and debris shall be removed from downwind properties
4) Wind resistant trash receptacles shall be utilized.
7.d) through a)NO IMPACTS No natural wetlands or wildlife corridors exist on the site per the Cornett Study and the
Bureau of Land Management Biological Opinion.
8. ENERGY AND MINERAL RESOURCES
Would the proposal create:
a) Conflict with adopted energy conservation
plans? ❑ ❑ ❑ x
b Use non-renewable resources in a wasteful
and
inefficient manner? ❑ ❑ ❑ x
c) Result in the loss of availability of a known
mineral resource that would be of a future
value
to the region and the residents of the State? ❑ ❑ ❑ x
8.a)through c)NO IMPACT. The project will not conflict with adopted energy conservation plans or affect energy or
known mineral resources. The site is in an area identified by the State Mining and Geology Board as a sand and gravel
resource. The site is located close to Highway I I I(Scenic Highway)and has existing percolation ponds. It is not necessary
for sand and gravel production due to other available sites. Non-renewable resources will not be used m a wasteful or
inefficient manner. The site is relatively small and cut off from the larger sand source which might be considered for
extraction activities.
9. HAZARDS
Would the proposal:
a) Be a risk of accidental explosion or release
substances(including,but not limited to: oil,
pesticides,chemicals,or radiation? ❑ ❑ ❑ x
b) Create possible interference with an
emergency response plan or emergency
evacuation plan? ❑ ❑ ❑ x
c) Create any health hazard or potential health
initStdyfinal.frm 14
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated impact
hazard? ❑ X ❑ ❑
d Create exposure of people to existing sources
of potential health hazards? ❑ ❑ ❑ x
a) Increase the risk of fire hazard in area with
flammable brush, grass or trees? ❑ ❑ ❑
x
9.a),b)and d)through(e. NO IMPACTS. In the judgement of the Department of Planning and Building,there are no
aspects of the proposed project which would involve explosives, pesticides, radiation, chemicals, or other hazardous
materials. No hazardous materials are(mown to exist on the property,are buried underground or will be used in conjunction
with the proposed windsurfing projecL The proposed project will not create any possible interference with an emergency
response plan. Therefore,this project will no result in a risk,nor create any health hazards.
9.c)POTENTIALLYSIGNIFICANTUNLHSS M MOATIONIS INCORPORATED.The use ofthePercolation Ponds as a
recreation amenity will introduce human contact with waterand potentially exposepeople to biological material and bacteria.
Bodies of water must have surface water quality tested to ensure that people are not exposed to health hazards. This can
be mitigated by proper on-site supervision of activities and monitoring water quality.
The mitigation proposed is as follows:
1. The project operator shall develop with the Riverside County Environmental Health Department and/or the California
Regional Water Quality Control Board(CRWQCB)a surface water monitoring program. This program shall be submitted
to the City prior to issuance of building permits
to. NOISE
Would the proposal result in:
a) Increases in existing noise levels? ❑ ❑ ❑ x
b) Exposure of people to severe noise levels? ❑ ❑ ❑ x
c) Will the project be compatible with the noise
compatibility planning criteria according to Table
6-F of the Palm Springs Municipal
AirtwnF.AR Part150 Noise Compatibility
study? xYES ONO
10.a)and b). NO IMPACT. The proposed project is not expected to generate noise levels greater than noise levels stated
within Chapter 11.74 of the Palm Springs Municipal Code other tan during construction. Construction activities will be
restricted to the hours and noise levels specified in the Zoning Ordinance and General Plan. There will be no significant
noise impact.
InitStdyfinal.fim 15
3 Aam
Potentially
Significant
Potentially unless teas Than No
Stgmficant Mitigation Significant Impact
Impact Incorporated Impact
11. PUBLIC SERVICES
Would the proposal have an effect upon or result in a
need for new or altered government services in any of
the following areas:
a) Fire protection? ❑ ❑ x ❑
Distance to nearest fire station 3 Miles
b) Policeprotecdou? ❑ ❑ x ❑
c) Schools? ❑ ❑ ❑ x
d) Maintenance of public facilities, including
roads? ❑ ❑ ❑ x
e) tiler governmental services? ❑ ❑ ❑ x
11.a)andb).LESS THAN SIGNIFICANTIINPACT.Theprojectis located inarecently annexed area ofPahnSpringswhich
is somewhat remote from the central services afforded most City residents.The area across Highway I I I to the south,is
still under tha jurisdiction ofRiverside County. However,the City and County adopted an agreement that the City of Palm
Spy would supply pohoe and fire protection to the County Area and m exchange,the County will provide those services
to the portion of the City ofPalm Springs which falls northerly of rderstate 10. The project will require fire sprinklers in the
buildings that exceed 3,000 s.t and the limpaiy will be fenced off and gated with gates being closed and locked during
hours of non-operation of the facility. The Fire Department standard conditions for roads, hydrants and constmction
standards will be applied during the permitting process. The Police Department has commented that the project will not
impact their resources. Certified lifeguards trained in CPR and first aid will be on duty whenever the windsurfing park is
open. With the standards and the safety preparedness referenced above the project is expected to have a less than
significant impact on fire protection,police protection, schools,public facilities,roads and other governmental services.
l Lc)through e) NO IMPACT. There is no impact on the schools and no maintenance impacts are anticipated as a result
of this project. There will be no additional public service impact from the project.
12. UTILITIES AND SERVICE SYSTEMS
Would the proposal result in a need for new systems
or supplies,or substantial aheratlons to the following
utilities:
a) Power or natural gas? ❑ ❑ ❑ x
InitSidyfinal.fim 16
Potentially
significant
Potentially Unless Less Than No
Significant Mitigation Significam Impact
Impact Incorporated Impact
b) Communications systems? ❑ ❑ ❑ x
c) Local or regional water treatment or
distribution facilities? ❑ ❑ ❑ x
d) Sewer or septic tanks? ❑ ❑ ❑ x
e) Storm water draoage? ❑ ❑ ❑ x
t) Solid waste disposal? ❑ ❑ ❑ x
g) Local or regional water supplies? ❑ ❑ ❑ x
12.a)thmughg).NOIMPACT.d)POTTENTL4LLYSIONIPICANTUNLESSMrrIOATIONINCORPORATED.Theproject
has all existingutflities available to the site or inclose proximity to the site withthe exception ofpublic sewer. Electricpower
and telephone service is available frmn above ground distribution lines which runs parallel to Highway 111. The project
will extend the electric power to the site in underground conduits. Water currently exists in a distribution main located on
the south side of Highway 111. A private water line will be extended under Highway I I I to the site. It is anticipated that
a'%=and jack"methodology will be used to construct this line in order to not disturb the traffic flow. The lack of sewer
collection and the proximity of the restroom facilities to the recharge ponds has prompted the applicant to pursue a holding
tank solution for sewering the site. A holding tank system will be constructed which will necessitate regular pumping
depending on level of activity of the park. Solid waste disposal will be consistent with current service in the vicinity. The
Health Department will provide approval of this waste disposal prim to obtaining building permits.
Mitigation: Health Department approval of the holding tank and waste disposal system is required prior to obtaining
building permits.
13. AESTHETICS
Would the proposal:
a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ x
b) Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ x
c) Create light or glare? ❑ ❑ ❑ x
InitStdyfinal.fim 17
• • 3,4.0,:ky
Potentially
Significant
Potentially Unless Lae Than No
signd'icant Mitigation Significant Impact
Impact Incatpmated Lnpact
13.a)through c)NO IMPACT.The windsurfing park facilities are approximately five hundred(500)feet from Highway
I I I which will serve to minimize the visual impact but it should be noted that the facility has been approved by the Design
Review Committee. Due to these factors the project is not expected to affect a scenic vista or highway nor have a
demonstrable negative effect on s esdretics. The project may create a minor amount of light due to nighttime safety lighting
and interior building lighting. The facility may be open in the evenings in order to allow"moon light"windsurfing activities.
Project fighting fixtures will comply with City ofPalm Springsrequirments for light fixtures to be designed to direct the light
toward the ground.
14. CULTURAL RESOURCES
Would the proposal:
a) Disturb paleontologicalrcaomces? ❑ ❑ ❑ x
b) Disturb archaeological resources? ❑ ❑ ❑ x
c) Affect historical resources? ❑ ❑ ❑ x
d) Have the potential to cause a physical change
which would affect unique ethnic cultural values? ❑ ❑ ❑ x
e) Restrict existing religious or sacred uses
within the potential impact area? ❑ ❑ ❑ x
14.a)through e)NO IMPACTS. The project site was reviewed by the BLM in its review of the use of the site for this use.
No historic or prehistoric resources were cited in that review and no impacts are anticipated as a result of this proposal.
15. RECREATION
Would the proposal:
a) Inctease the demand for neighborhood or
regional parks or other recrestional facilities? ❑ ❑ x ❑
b) Affect existing recreational opportunities? ❑ ❑ x ❑
m0stdyfial.11rir 18
i
Potentially
Significant
potentially Unless Less Tien No
Significant Midgation Significant Impact
Impact Incorporated Impact
15.a)and b). LESS THAN SIGNIFICANT IMPACT. The proposed project is a regional recreation facility. Currently,any
persons from the Coachella Valley interested in windsurfing would have to drive at least two hours to mountain lakes or
the ocean to participate in this sport Historically,the percolation ponds have afforded some access for windsurfing and
were(and still are)known for the ideal conditions for speed windsurfing. The reopening ofthe facility may create additional
interested in windsurfing in the region. No special events are proposed at this time.
16. PUBLIC CONTROVERSY
a) Is the proposed project or action environmentally
controversial in nature or can it reasonably be
expected to become controversial upon disclosure
to the public?
❑ ❑ ❑ X
16.a)NO IMPACT. The development of support facilities for windsurfing activities at the ponds should not create any
public controversy. Areas of possible public controversy could 'involve biological resources and traffic and circulation.
In both cases,conditions of approval or mitigation measures have been developed which will reduce the impacts to a level
of insignificance,thereby eliminating any controversy. The proposal is consistent with the City of Palm Springs General
Plan and Zoning Ordinance. This Environmental Assessment has addressed all potential impact issues.
17. bdANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of tine environment,substantially reduce the
habitat of fish or wildlife species,cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
oommuoity,reduce the number or restrict the range
ofa rare orendaogered plant oranimak oreliroinate
important examples of the major periods of
Califormahistory or prehistory? ❑ ❑ ❑ x
b) Does the project have the potential to achieve
short-tam, to the disadvantage of long-term,
environmental goals? ❑ ❑ ❑ x
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
IaitstdyfnAI&M 19 3'a,190.
As
Potentially
Significant
Potentially Unless Less Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
are considerable when viewed in connection
With the effects of past projects,the effects of
other currant projects, and effects of
probable
finure projects.) ❑ ❑ ❑ x
d) Does the project have environmental affect which
will cause substantial adverse effectsonhuman
beings? ❑ ❑ ❑ x
17.a)through d).NO IMPACT. This conclusion is based on the responses in I through 16 of this environmental
assessment. Therefore,there should be no potential for a significant impact with the proposed mitigation measures as a
result of this project
18. LISTED BELOW THE PERSON OR pEgSONS WHO PREPARED OR P gMWATED IN
THE PREPARATION OF THE Ai.STUDY•
1. David Dawson,AICP, Associate Planner
2. Steve Hayes,AICP,Principal Planner
3. Douglas R.Evans,Director,Department of Planning and Building
4. David Baraldan RC.E.,City Engineer
5. James W.Comett,Ecological Consultant
6. Ben Olson,RC.B.
7. Don Park,Environmental Health Officer,County of Riverside
8. Gavin Wright,Agency Biologist,Bureau of Land Management
9. Jim Kenna,Area Manager,Bureau of Land Management,responsible for consultation with U.S.Fish and Wildlife Service.
10. Mike Simm,Cal Trans Traffic Staff
11. Dan Farris,CV WD
19. DETERMINATION
On the basis of this initial evaluation:
InitStdyfiael.f nn 20
Potenfiauy
Significant
Potentially Unless Leas Than No
Significant Mitigation Significant Impact
Impact Incorporated Impact
❑ 1 find the Proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
X 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 of the mitigation measures described in the Mitigated Negative
Declaration
❑ I find the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL
IMPACT REPORT is required.
❑ I find that the proposed project is consistent with the Program EIR on
&9 YZ
t Date:
Douglas R.Iffints
Director of Planning&Building
PONDSDD1237
InitStdyfimUnn 21 now
om*17
a3/29/1999 14:18 7603237893 MSA INC. • PAGE 02/15
United States Department of the Interior
Fish and Wildlife Service
Ecological Services
Carlsbad Fish and Wildlife Office
,vp 2730 Loker Avenue,West �.
Carlsbad,CA 92008
SEP 0 3 1999
lit Reply Refer To: 1-6.99-F-67
Metrorandurn
To: Area Manager,Bureau of Land Management, Palm Springs-South Coast ield Office
From Assistant Field Supervisor, Carlsbad Fish and Wildlife Office
Subject. Endangered Species Consultation on the Proposed Wind Surfing Park, y of Palm
Springs, Riverside County, California
This document transmits our biological opinion regarding the proposed Palm Springs
Windsurfing Project, and its effects on the endangered Astragalus lentiginosus var. coachellae
(Coachella Valley milk-vetch) and threatened Coachella Valley fringe-toed lizard (Uma
inornata)in accordance with section 7 of the Endangered Species Act(Act) of 1973, as amended
(16 U.S.C. 1531 et seq•). Your request for formal consultation was received on July 1, 1999
This biological opinion is based on information provided in the June 1999 "Windsurfing Park
Near Desert Angel,Palm Springs, California" final biological evaluation, telephone
conversations, field investigations, biological literature, and other sources of information. A
complete administrative record of this consultation is on file at our office.
CONSULTATION HISTORY
On June 7, 1999, we received a biological assessment and impact analysis prepared by James W.
Cornett, Ecological Consultants. On June 24, 1999, Ken Corey of my staff met with the project
applicant,lvliles Barrett, and City of Palm Springs representative Doug Evans. On July 1, 1999,
your agency requested initiation of formal consultation on the proposed Palm Springs
Windsurfing Project, and a revised version of the biological assessment prepared by James W.
Cornett, Ecological Consultants, and a biological evaluation of the proposed project from your
agency were provided. Gavin Wright and Matt McDonald of my staff made a site visit on July
15, 1999, and Gavin informed us that the proposed project description had changed from what
was in the biological evaluation. On July 19, 1999, Matt McDonald spoke with the applicant
concerning the proposed project changes. Coasequently, we wrote a memorandum, dated July
21, 1999, to your office requesting an updated project description before we initiated formal
consultation. On July 22, 1999, we received the proposed project changes and a large site map
for the proposed project from the applicant. Ot July 29, 1999, Ken Corey and Matt McDonald
met with BLM biologist Gavin Wright and Miles Barrett concerning project issues. We
29/29/1999 14:18 76032I93 MSA INC.
y � PAGE 03':'
Jun Kenna(1-6-99-F-67) 2
requested a revised project description and landscape blueprint prior to completion, of the
biological opinion. On August 9, 1999, we contacted the applicant about the latest project
description and landscape plan we received by FAX, August 9, 1999. We agreed all shrubs
would be removed from the landscape plan except for those which occurred on the islands of the
36 DG parking lot, and at the entrance to the concession/storage building. In addition, we agreed
no shrubs or trees would be planted in the open space bounded by the in-bound road to the west,
paved road to the north, and BLM property line to the south, except trees along the in-bound road
to the west.
DESCRIPTION OF THE PROPOSED ACTION
Palm Spiings Windsurfing proposes a park, located notch of the southern border of Section 19, :o
facilitate windsurfing on CVWD (Coachella Valley Water District) spreading ponds #4, #5, and
96, if necessary. The proposed park would be accessible from Highway 11 I by crossing a 50-by
60-ft strip of Section 30, T. 3S, R. 4E, SBBM. The proposed windsurfing park would include:
(1) A 100'x 50'metal building "activities center"containing food concessions, pro/rental
shop, equipment storage and employee lounge
(2) A 50'X.20'metal building serving as the maintenance center
(3) A 10'x 10'guardhouse to collect entrance fees
(4) Portable restrooms and administrative office
(5) Two ramps providing access from the parking areas to the ponds: one turfed at 120,x
100, the other unturfed at 120'x 40'
(6) Landscaping with native species
(7) A rolling gate at the existing chain link fencing along the western and eastem edge of the
access road to the guardhouse
The proposed project footprint totals 3 2 acres on a 5.1-acre lease area. Fragmentation and
incidental human use would affect any habitat remaining on the 5.1-acre lease. Therefore, the
applicant has agreed to mitigate for impacts to the entire 5.1-acre lease area.
The project would be landscaped as shown in the preliminary landscape plan received on August
9, 1999, and consist mostly of the following trees: Cercidrum foridum (blue Palo verde),
Chilopsis linearis(desert willow), Dolea spinosa (smoke tree), Olneya tesota (ironwood), and
Washingronia filifera (California fan palm),
A chain-link fence would be erected on each side of the entrance road up to the gatehouse. A
railroad tic/cable barrier would continue north from the gatebouse on the west side of the
entrance, to the levee of pond 3. A railroad tic/cable barrier would be erected on the southeastern
border of the proposed project, along the Coachella Valley Water District and BLM property
line.
The facility would initially use spreading ponds #4 and#5 with rights to expand onto #6 if
necessary. During periods when these ponds are dry the park would be shut down. The facility
3-4• ay
i n-9/29/1999 1d: 18 76032�93 MSA INC. PAGE adr:=
. 3-Q.30
Jim Kenna (1-6-99-F-67) 3
would be open daily from March through November each year from sunrise to sunset. During
summer full moon periods,night sailing will be permitted, however, the facility is primarily for
day use. No overnight camping/RV parking would be allowed. Up to 115 visitors on weekdays
and 300 visitors on weekend days are expected.
Lifeguards will be on duty during all operating hours. Security will be on site 24 hours/day;365
days per year. Two full-time maintenance personnel would keep the site clean, and will remove
blowsand that accumulates along the chain-link fences, buildings and vegetation. Sand removal
would involve the use of brooms and blowers around buildings, rakes, shovels and wheel-
barrows in and around vegetation, and bobcat shovels along the fences. All collected sand would
be deposited downwind of the project site along the northern border of Section 30.
Any habitat remaining on the S.I-acre lease would be affected by fragmentation and incidental
human use. Therefore, the applicant has agreed to offset impacts to the entire 5.1-acre lease area
for the Coachella Valley fringe-toed lizard and Coachella Valley milk-vetch, and to satisfy the
compensation requirements of the flat-tailed homed lizard(Phrynosoma mcallu)Rangewide
Management Strategy, as follows:
1) The applicant will purchase 5 acres of land within the sand transpoit system in the Snow
Creek area for conservation of all three species.
2)All surface disturbance shall be minimized.
3)All trash shall be promptly removed from the site.
4) The applicant shall prepare and distribute to all employees, a color pamphlet or wallet sized
cards with pictures of the Coachella Valley fringe-toed lizard, Coachella Valley milk-vetch and
flat-tailed horned lizard. These pamphlets or cards shall explain the ecology and status of the
species and the need to protect these species from damage.
5) No off-road vehicle travel from the site shall be permitted.
6) No pets shall be allowed on the site during construction or operation of the park.
7) The applicant shall maintain a record of all fringe-toed lizards, flat-tailed horded lizards and
Coachella Valley milk-vetches seen. The record shall show the date, time, observer and location
of each sighting. Any damage or death to any of these three species shall be recorded.
8) With the exception of the grass for the rigging area, only vegetation native to the Coachella
Valley shall be used to landscape the site.
9) All exotic species detected on the site shall be removed at once, with the exception of the
grass for the rigging area, which shall consist solely of common bermuda grass.
09/29/1999 14:18 760323711 MSA INC. • PAGE 0°;1`
Jim Kenna (I-6-99-F-67) 4
10) The ponds used for surfing shall have all salt-cedar and fountain grass removed. These
ponds shall be kept free of these two species.
STATUS OF THE SPECIEMNVIRONMENTAL BASELINE
Coacbella Valley Fringe-toed Lizard
in 1980, the Coachella Valley fringe-toed lizard was listed as a threatened species and critical
habitat was designated(45 FR 63812). Similarly, the California Department of Fish and Game
(CDFG) Commission listed the fringe-toed lizard as an endangered species on the state list in
1980. The species was listed due to the significant reduction of historical range caused by
destruction/degradation of suitable habitat for agricultural and developmental purposes (TNC
1985). The Coachella Valley fringe-toed lizard only occurs in the Coachella Valley, Riversiee
County, California. The fringe-toed lizard is adapted for living in fine wind-blown sand, and is
restricted to areas where wind-blown sand deposits occur in the Coachella Valley.
Morphological adaptations that enable fringe-toed lizards to exist in this dynamic environment
include-fringed toes, and eye and ear coverings that exclude sand, General types of blow-sand
deposits that are occupied by fringe-toed lizards occurring within the Coachella Valley include
sandy plains, sand hummocks, and dune systems.
Reproduction occurs in the spring, shortly after adults emerge from winter dormancy, and
extends through mid-August(Mayhew 1965). The fringe-toed bzard hibernates below ground,
between November and FebruaryfMarch, when the daytime temperatures are predomioartly
below its activity range of body temperature(TNC 1985). Turner et al. (1981) found fringe-toed
lizards to be active when ambient temperatures were 22-39 QC, and ground surface temperatures
were 37-58°C. During the hottest times of the year,when the surface temperatures may reach or
exceed the lethal limit for the species, fringe-toed lizards become increasingly crepuscular.
Comparison of fringe-toed lizard historical distribution with a 1928 Coachella Valley soi survey,
estimated presettlement suitable habitat for fringe-toed lizards at 200 m12 (45 PR 63812).
Because not all habitat interpreted from aerial pbotos is expected to be of the same quality, this
was a high estimate of remaining suitable habitat for ibrige-toed lizards.
Since listing,the major local jurisdictions with habitat supporting fringe-toed lizards, in
coordination with the Service, BLM, and CDFG,prepared and began implementation of the
Coachella Valley Fringe-toed Lizard Habitat Conservation Plan(HCP),which established a
reserve system for conservation of the species. The HCP, approved by the Service in April 1986,
established conditions under which local jurisdictions could approve development in wind-blown
sand habitats outside the boundaries of the reserve system (TNC 1985). Private development in
such areas is permitted upon payment of a mitigation fee. The mitigation fee was established to
fund acquisition and management of the reserve system.
Little is currently known about fringe-toed lizard populations outside the reserve system, other
than wind-blown sand habitats continue to decline in association with conversion to agricultural
09/29/1999 14:18 760323716 MSA INC. PAGE 06/15
Jim Kenua(1-6-99-F-67) 5
and developed lands. Early population studies indicated that population densities of fringe-toed
lizards can vary widely, and frutge-toed lizard densities are likely to be influenced by Important
habitat features, such as sand compaction and patch size (Turner et al. 1981, 1984; Barrows
1997). Turner et al. (1981) estimated the density of hinge-toed lizards in seven study plots to
range from 1.8 to 13.2 lizards per acre
Since creation of the HCP, fringe-toed lizard surveys have concentrated on monitoring the health
of populations within reserves Monitoring efforts have documented fluctuations in population
numbers that are related to availability of resources, such as food and loose sand (Barrows 1996).
Surveys performed in 1999 found moderate fringe-toed lizard abundance relative to annual
results since 1986 (C Barrows,pers comm. 1999).
The reserve system created by the HCP established three separate preserves that collectively
protect 26 mil of land containing 12.25 mO of suitable wind-blown sand habitat, The three
preserves include the Whitewater Floodplain Reserve [1.9 mii (16%)], Willow Hole/Edom Hiil
Reserve [2.2 mii(18%)], and the Coachella Valley Preserve (Preserve) [8 1 mi= (66%)] of habitat
in the overall reserve system.
Due to the dynamic nature of wind-blown sand habitat within the Coachella Valley, retention of
these habitats requires protection of sand sources and transport mechanisms that replenish these
habitats with sand. Otherwise, strong Coachella Valley winds will result in the depletion of
existing sand systems
To incorporate the geological process responsible for sand dune accretion, designation of critical
habitat extended north beyond the CVPTL distribution to include a portion of Thousand Palms
Canyon, and portions of the canyons and alluvial fans along the southern flank of the Indio Hills.
These areas were identified as the sand source and transport corridor areas for wind-blown sand
habitat occurring within the Coachella Valley Preserve boundary. Prior to the HCP, both of
these areas were thought to contribute equally to the wind-blown sand accretion on designated
critical habitat areas, however, further investigations(Lancaster et al. 1993;Meek and
Wasklewicz 1993,Barrows 1996, and Simons et al. 1997) found that the western Indio Hills
contributed at least 90 percent of the sand to the Preserve(Barrows 1996). These studies found
Thousand Palms Canyon to be only a minor contributor of blow-sands to the Preserve.
The Whitewater Floodplain Reserve is thought to have a sustainable aeolian sand source as long
as there are periodic flood flows past the reserve within the Whitewater River (Meek and
Wasklewicz 1993). Channeling or damming the Whitewater River to control flood flows or
mitigate sand influxes to the Cathedral City area would threaten the sand source for the
Whitewater Reserve(Meek and Wasklewicz 1993). Thus,protection of this reserve requires
protecting the integrity of the Whitewater River hydrologic, sediment delivery system.
The Edom Hill/Willow Hole Reserve appears to receive sand from the Morongo and Mission
Creek washes west of the Indio Hills (Weaver 1981, Meek and Wasklewicz 1993). There is not
substantial evidence of recent aeolian activity northwest of the Edom Hill Reserve, which
09/25/1999 14:18 7603237893 MSA INC. PAGE 07/:5
Jim Kenna (1-6-99-F-67) 6
suggests these deposits may have slowly accumulated over thousands of years (Meek and
Wasklewicz 1993). The present immobility of sands, anchoring of sand by mesquite, and
protection of deposits from wind within valleys suggest sands in this area could remain
indefinitely (Meek and Wasklewicz 1993). However, lowering the groundwater table through
pumping could result in the dieback of mesquite that anchor the dunes on the Reserve, which
would render dunes vulnerable to erosion (Meek and Wasklewicz 1993). Moreover, the City of
Desert Hot Springs is anticipated to expand development into areas surrounding Morongo and
Mission Creek Washes. Such development and associated flood control activities could place
obstructions in the sand transport path and reduce the amount of sand delivery downstream.
Coachella Valley Milk-vetch
The Coachella Valley milk-vetch was listed as endangered on October 6, 1998 (63 FR 53596).
The taxon was afforded protection under the Act in recognition of the plant's imperiled status
from habitat losses caused by urban development and modifications to the sand transport system
maintaining the region's unique habitat types. Additionally, wind energy construction and off-
highway vehicle(OHV) activities have contributed to reducdons/alterations in the Coachella
Valley milk-vetch populations. Critical habitat for the taxon was not designated.
The Coachella Valley milk-vetch was described by Rupert C. Barneby (1964)based on a
specimen collected in 1913 by Alice Eastwood in Palm Springs, California The Coachella
Valley milk-vetch, a member of the pea family(1;abaceae), is an annual or short-lived perennial
with ascending stems 10-30 cm (4-12 in) tall. The leaves, stems, and faits are densely covered
with short, appressed,white hairs. The pink,-purple flowers are arranged in 11 to 25-flowered
racemes and the two-chambered,fruits are strongly inflated. The Coachella Valley milli-vetch is
one of 19 varieties of A. lentiginosus found in California(Spellenberg 1993), none of which
occur in the same region or habitat types. However,Astragalus aridus and A. crotalariae may be
found within the geographical and ecological range of Astragalus lentiginosus var. coachellae.
Both of these taxa, in contrast to the Coachella Valley milk-vetch, have fruits with a single
chamber,
The Coachella Valley milk-vetch is found on loose wind-blown or alluvial sands on dunes/flats
largely within the Coachella Valley of Riverside County, California. The habitat type has been
categorized by Holland (1986) as stabilized and partially-stabilized desert sand fields. Species
often found in association with the Coachella Valley milk.-vetch include,Larrea tridentate
(creosote bush),Ambrosia dumosa (burro-weed),Psorothamnus emoryi(indigo bush),Atriplex
canescens (fourwing saltbush),Abronia villosa (sand verbena), Dicoria coneseens(dicona),
Achnatherum hymenoides (Indian ricegrass), Croton calijornicus (croton), Chamaesyce
polycarpa(sandmat), Peralonyx thurberi(sandpaper plant),Astragalus aridus (annual desert
rattleweed),A. crotalariae(salton milk-vetch), and Oenothera deltoldes (devil's lantern).
Bameby(1964) initially described this taxon as apparently confuted to the Coachella Valley.
However,he later identified specimens collected in 1973, from the valley floor near Desert
Center[approximately 80 km(50 mi)to the east], as Astragalus lentiginosus var. coachellae.
Although the majority of the Coachella Valley milk-vetch populations are known from the ** 1
S
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C
Jim Kenna (1-6-99-F-67) 7
Coachella Valley between Cabazon and Indio [California Natural Diversity Database (CNDDB)
1996; K. Barrows, Coachella Mountains Conservancy, in tilt. 1996), a recent 1998 CDFG survey
confirmed the presence of two significant populations along the southwest border of the Desert
Lily Preserve approximately 11 Ian (7 mi) from Desert Center.
Historical abundance of the taxon in the Coachella Valley is unknown. Twenty to twenty-five
occurrences have been recorded within the past decade (CNDDB 1996, K. Barrows, in lilt. 1996)
and 90 percent are found within 5 kin (3 mi) of Interstate 10 (Barrows 1937, CNDDB 1996, K.
Barrows, ut lilt 1996) Approximately 20 to 25 percent of the documented plant locations are
protected on the three fhnge-toed lizard preserves in the Coachella Valley Preserve System. An
estimated 75 to 30 percent of the known Coachella Valley milk-vetch locations are found on
unprotected lands. Of these, approximately 7 percent exist on Southern California Edison lands,
7 percent occurs on lands owned by the Agua Caliente Indian Reservation, and the remainder are
situated on other private parcels.
Overall,populations of the Coachella Valley milk-vetch vary widely in size from year to year,
depending on the environmental conditions, making assessments of total individual numbers
difficult. At locations where the Coachella Valley milk-vetch were monitored in 1995, densities
varied from 1.25 plants per ha to 60 plants per ha (Sanders and Thomas Olsen Associates 1995).
One of the largest remaining sites with the greatest densities occurs near Snow Creek Road
(Barrows 1987, Sanders and Thomas Olsen Associates 1995).
The primary threat to the Coachella Valley milk-vetcb is habitat destruction due to extensive
development within the Coachella Valley. The elimination of habitat began with the
introduction of agriculture over a century ago,but urbanization has accelerated greatly in the past
40 years. Significant dune habitats that once occurred along the southwest edge of the Coachella
Valley, at the base of the Santa Rosa Mountains, now support cities such as Rancho Mirage and
Palm Desert(Barrows 1987). Increased urbanization has reduced available habitat through direct
conversion of land and alterations in the sand transport system responsible for the
creation/maintmance of sandy habitats (Barrows 1987; A. Sanders, pers. cortim. 1996; K.
13arrows, in lilt. 1996). As habitat becomes increasingly fragmented by urban development,
remaining populations become more vulnerable to adverse effects of vehicular activities,
roadside maintenance, or subsequent paving/landscaping and accompanying weed invasions.
Fragmentation increases the potential for stochastic events that detrimentally affect long-term
survival probability. Similarly, fragmentation decreases the species' resilience to rebound from
such events.
Within the last four years,the Coachella Valley Association of Governments and Coachella
Valley Mountains Conservancy began a planning process to address conflicts between
conservation needs and economic development within a 4,500-km' (1,850-mi2) area in and
around the Coachella Valley. The expected result of the process, a Coachella Valley
Multispecies Habitat Conservation Plan,would address the conservation needs of 12 listed or
proposed species (including the Coachella Valley milk-vetch), and approximately 18 species of
concern.
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Jim Kenna (I-6-99-F-67) g
The project site is dominated by four-wing saltbush and cheesebush with scattered mormon tea
and indigo bush in stabilized and partially stabilized sand fields. Currently, there is minimal
blowsand present, and no Coachella Valley fringe-toed lizards or Coachella Valley milk-retch
were found during biological surveys. However, due to the site's location within the sand
transport system, suitable habitat for these species may occur here in the future, in response to
periodic fluvial deposition along the Whitewater River.
EFFECTS OF THE ACTION
The proposed action would result in the loss of t 3.2 acres of occupiable habitat for the
Coachella Valley binge-toed lizard and Coachella Valley milk-vetch. Structures and plants in
the windsurfing park would interfere with the flow of blowsand to the southeast between
Highway I 1 I and the spreading ponds. Obstruction of blowsand in the proposed project area
would decrease blowsand habitat downwind. The chain-link fences at the entrance have the
potential to catch trash, debris, and vegetation which increase the likelihood of blowsand
collecting along fences However, the applicant has agreed to routine removal of trash,
vegetation, and other debris along the fence to alleviate this problem.
Vehicles and/or foot traffic through blowsand accumulations on the proposed project site would
likely result in take of the fringe-toed lizard and trampling or crushing of Coachella Valley milk-
vetch. However,the proposed removal of shrubs from the landscape plan should minimize the
amount of accumulated blowsand on the project site. Prompt removal,of blowsand that may
accumulate on the site should fttrther minimize effects to these species.
CUMULATIVE EFFECTS
Cumulative effects include future State,Tribal, local or private actions that are reasonably certain
to occur in the action area considered in this biological opinion. Future Federal actions that are
unrelated to the proposed action are not considered in this section because they require separate
consultation pursuant to section 7 of the Act. '
Future wind energy farms on private land are reasonably certain to occur in the action area, and
cumulative effects of such development would result in farther habitat fragmentation and aeolian
sand transport alteration or diminishment. Furthermore, based on projections for an increasing
population in the Coachella Valley, development within the sand source and wind corridor for
the Whitewater River Floodplain/Reserve is reasonably certain to occur in the future. Unless
land within the sand source area and primary wind corridor is protected, blowsand transport to
the Whitewater Floodplain Reserve will be diminished and suitable habitat degraded. Proposed
land acquisition to offset habitat loss resulting from the proposed project,would further efforts to
protect the above-mentioned areas.
CONCLUSION
After reviewing the current status of the Coachella Valley fringe-toed lizard and Coachella 5
3
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�3
Jim Kenna(I-6-99-F-67) 9
Valley milk-vetch, the environmental baseline for the action area, the effects of the proposed
action, and the cumulative effects, it is our biological opinion that the action, as proposed, is not
likely to jeopardize the continued existence of the Coachella Valley fringe-toed lizard or
Coachella Valley milk-vetch, and is not likely to destroy or adversely modify designated critical
habitat for the fringe-toed lizard, Critical habitat has not been designated for the Coachella
Valley milk-vetch; therefore none would be affected. We based our conclusion on the proposed
small amount of habitat loss,,minimal obstruction of sand transport, and the proposed acquisition
of 5 acres of habitat in the Snow Creek area In addition, the applicant will implement other
actions to minimize effects as described in the description of the proposed action.
INCIDENTAL TAKE STATEMENT
Section 9 of the Act, and Federal regulation pursuant to section 4(d) of the Act,prohibit the take
of endangered and threatened species,respectively, without special exemption. Take is defined
as to harass, hart,pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to
engage in any such conduct. Hann is further defined by the Service to include significant habitat
modification or degradation that results in death or injury to listed species by significantly
impainng essential behavioral patterns, including breeding,feeding, or sheltering. Harass is
defined by the Service as intentional or negligent actions that create the likeiihood of injury to
listed species to such an extent as to significantly disrupt normal behavioral patterns which
include, but are not limited to, breeding, feeding, or sheltering Incidental take is defined as take
that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
Under the terms of section 7(b)(4) and section 7(o)(2),talcing that is incidental to and not
intended as part of the agency action is not considered to be prohibited taking under the Act
provided that such taking is in compliance with the terns and conditions of this Incidental Take
Statement.
The measures described below are non-discretionary, and must be undertaken by the Bureau of
Land Management so that they become binding conditions of any grant or permit issued to Palm
Spnugs Windsurfing, as appropriate, for the exemption in section 7(o)(2)to apply. The Bureau
of Land Management has a continuing duty to regulate the activity covered by this incidental
take statement. If the Bureau of Land Management(1) fails to adopt and implement the teals
and conditions or(2) fails to require Palm Springs Windsurfing to adhere to the terms and
conditions of the incidental take statement through enforceable terms that are added to the permit
or grant document, the protective coverage of section 7(o)(2) may lapse. To monitor the impact
of incidental take, the Bureau of Land Management or Palm Springs Windsurfing must report the
progress of the action and its impact on the species to the Service as specified in the incidental
take statement. (50 CFR §402.14(i)(3)]
Sections 7(b)(4) and 7(o)(2) of the Act generally do not apply to listed plant species. However,
limited protection of listed plants from take is provided to the extent that the Act prohibits the
removal and reduction to possession of Federally listed endangered plants or the malicious
damage of such plants on areas under Federal jurisdiction, or the destruction of endangered
plants on non-Federal areas in violation of State law or regulation or in the course of any
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Jim Kenna (1-6-99-F-67) 10
violation of a State criminal trespass law.
Amount or Extent of Take Anticipated
The Service anticipates that 3.2 acres, and all resident Coachella Valley fringe-toed lizards within
this area, would be taken as a result of this proposed action The incidental take is expected to be
in the form of harm and harassment. Some lizards may be directly crushed by vehicles or may
be displaced to nearby habitat.
Effect of Take
In the accompanying biological opinion, the Service determined that this level of anticipated take
is not likely to result in jeopardy to the species or destruction or adverse modification of critical
habitat.
Reasonable and Prudent Measures
The Service believes the following reasonable and prudent measure(s) are necessary and
appropriate to minimize the impacts of incidental take of the Coachella Valley fringe-toed lizard.
1) During all excavation and construction activities, the project site shall be supervised and
monitored to minimize disturbance to blowsand habitat, and harm/harassment of
Coachella Valley fringe-toed lizards.
2) The project design and landscape plan shall minimize obstruction of sand transpor. and
sand deposition.
Terms and Conditions
To be exempt from the prohibitions of section 9 of the Act, the BLM must comply with the
following terms and conditions, which implement the reasonable and prudent measures described
above and outline required reporting/monitoring requirements. These terms and conditions are
non-discretionary.
The following terms and conditions implement reasonable and prudent measure number 1:
1.1 The project proponent shall designate a field contact representative(FCR) who
will be(a) responsible for overseeing compliance with protective measures agreed
to in the project description, (b) involved in compliance coordination with the
BLM, and (c) authorized to halt any construction-related actions that may be in
violation of the biological opinion. The FCR(a contract biologist, environmental
coordinator,project manager, or other appropriate company employee) shall retain
a copy of the Service's stipulations and be available on-site for all project
activities. �4 '3 7
89/29/1999 14:18 7603237003 MSA INC. • PAGE 12/-E
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Jim Kenna (1-6-99-F•67) 11
1 2 Work area boundaries shall be conspicuously staked, flagged or marked to
minimize surface disturbance to the surrounding habitat. Material stockpiling,
equipment storage, and vehicle parking will only be permitted within the project's
defined boundaries. No additional routes shall be cleated to gain access to the
site. For any project-related actions, the crushing/removal of perennial vegetation
shall be avoided to the maximum extent possible.
The following terms and conditions implement reasonable and prudent measure number 2:
2.1 No shrubs will be planted except on the two islands within the 86 vehicle parking
lot, and on both sides of the concessiontstorage building entrance.
2 2 No vegetation is to be planted within the open space bounded by the in-bound
road to the west, paved road to the north, and 13LM property line to the south,
except 4 trees and 6 palms along the in-bound road to the west
2.3 In the remaining areas of the proposed project site, the number of trees shall not
exceed the number described W the preliminary landscape plan, and placement of
trees shall not deviate from the preliminary landscape plan.
Disposition of Sick,Injured, or Dead Specimens
The Service's Carlsbad Field Office [(760) 431-9440] must be notified within three working days
should any Coachella Valley fringe-toed lizard be found injured or dead on the project site. The
written notification must include the date, time, and location of the discovered animal/carcass,
the cause of iAiury or death, and any other pertinent information. Injured animals should be
transported to a qualified veterinarian or certified wildlife car a facility and the Service informed
of the final disposition of any surviving animal(s). All dead specimens)/carcass(es) should be
marked, photographed, and left in the field.
The reasonable and prudent measures, with their implementing terms and conditions, are
designed to minimize the impact of incidental take that might otherwise result from the proposed
action. If, during the course of the action, this level of incidental take is exceeded, such
incidental take represents new information requiring reinitiation of consultation and review of the
reasonable and prudent measures provided. The Federal agency must immediately provide an
explanation of the causes of the taking and review with the Service the need for possible
modification of the reasonable and prudent measures.
REINITIATION NOTICE
This concludes formal consultation on the action(s) in the request. As provided in 50 CFR
§402.16, reinitiation of formal consultation is required where discretionary Federal agency
involvement or control over the action has been retained (or is authorized by law) and if. (1) the
amount or extent of incidental take is exceeded; (2)new information reveals effects of the agency
09/29/1999 14:10 76032*3 MSA INC.
• PAGE :3r15
Jim Kenna(1-6-99-F-67) 12
action that may affect listed species or critical habitat in a maguier or to an extent not considered
in this opinion; (3) the agency action is subsequently modified w a manner that causes an effect
to the listed species or critical habitat not considered in this opinion; or(4) a new species is listed
or critical habitat is designated that may be affected by the action. In instances where the amount
or extent of incidental take is exceeded, any operations causing such take must cease pending
reinitiation
If you have any questions regarding this biological opinion, please contact Matt McDonald at
(760) 431-9440.
09/29/1999 14:18 7603237893 NSA INC. • PAGE 14/15
• G, qto3 -Jim Kenna(1-6-99-F-67) 1
LITERATURE CITED
Barneby, R. C. 1964. Atlas of North American Astragalus, Part 1I, Memoirs of The New York
Botanical Garden, Vol. 13. pp. 911-953
Barrows, K. 1987. Element conservation plan for Astragalus-lenfiginosrts var coachellae. The
Nature Conservancy, San Francisco, California.
Barrows, C W 1996. An ecological model for the protection of a dime ecosystem.
Conservation Biology 888-891.
Barrows, C. W. 1997. Habitat relationships of the Coachella Valley fringe-toed lizard (Uma
inornata). Southwestern Naturalist 42:218-223.
Holland, R. F. 1986. Preliminary descriptions of the terrestrial natural communities of
California. Sacramento, California: State of California, Department of Fish and Caine.
Lancaster,N., J.R, Miller, and L. Zonge. 1993. Oeomorphic evolution and sediment transport
dynamics of eolian terrains in the Coachella Valley Preserve System, South-Central
California. Unpublished Report.
Mayhew, W. W. 1965. Reproduction in the sand-dwelling lizard Uma inornata. Herpetologica
21:39-55.
Meek, N., and T. Wasklewicz. 1993. Final report on the sand sources of the Coachella Valley
fringe-toed lizard habitat. Unpublished Report.
Sanders, A. C and Thomas Olsen Associates. 1995. A rare plant survey of five selected areas in
the Coachella Valley. Draft unpublished report.
Simons, Li &Associates, Inc, 1997. Sand migration impact evaluation for Thousand Palms
flood control project, Volume II: Baseline and future without-project conditions.
Unpublished Report.
Spellenberg,R. 1993. Astragalus. Pages 583-605 in J. C. Hickman, editor. The Jepson
Manual: Higher plants of California. University of California Press, Berkeley,
California. 1400 pp.
The Nature Conservancy(TNC). 1985. Coachella Valley fringe-toed lizard habitat conservation
plan. The Nature Conservancy, San Francisco, California.
E9/29/1999 14:18 7603237893 MSA INC. • PAGE 15/1=
Jim Kenna(1.6-99-F-67) 14
Turner, F, B ,D. C. Weaver, and J. C. Rorabaugh. 1981. The abundance of the fringe-toed
lizard (Urea rnornara) at ten sites in the Coachella Valley, California. Part 1. The effect
of blowsaad reduction on the abundance of the fringe-toed lizard (Uma mornata) in the
Coachella Valley. Report prepared for Corps of Engineers, Los Angeles District.
Turner,F. B.,D. C. Weaver, and J. C. Rorabaugh. 1984. Effects of reduction in windblown
sand on the abundance of the fringe-toed lizard(Uma inornata) in the Coachella Valley,
California. Copeia 1984:370-378.
U.S. Fish and Wildlife Service (USFWS). 1980. Endangered and threatened wildlife and plants,
listing as threatened with critical habitat for the Coachella Valley fringe-toed lizard. 50
CFR Part 17. Federal Register 45:63312-63820,
U S Fish and Wildlife Service(USFWS). 1998 Endangered and threatened wildlife and plans;
determination of endangered or threatened status for five desert milk-vetch taxa liorr.
Califorriia. 50 CFR Part 17. Federal Register 63(193):53596-53615.
Weaver, D. C. 1981. Aeolian sand transport and deposit characteristics at ten sites in Coachella
Weaver,D. C. 1981. Aeolian sand transport and deposit characteristics at ten sites in
Coachella Valley, California; Part 2 in: The effect of blow-sand reduction on the
abundance of the fringe-toed lizard(Uma inornata)in the Coachella Valley, California
U S Army Corps of Engineers, Los Angeles District.
rc All
9-23-99; 4:43PM;W1nteC 760 323 06ee M 3/ 10
09/28/99 16:00 0760 25090 BLV PAT JI SPRINGS •' 11002
• 3
DRAFT
U.S.D.I. BUREAU OF LAND MANAGEMENT
ENVIRONMENTAL ASSESSMENT
EA Number CA-006-9"0
DATE: August 9, 1999
TIiLE(PROJECT TYPE: New Right-of-way Grant-Aarees Road
CASE FiLE(PROJECT No.: CA.99694
ELM OFFICE: Palm Springs-South Coast Field Office
+ 090 W.Gamet Avenue, P.O.Box 1260
North Palm Springs, CA 92256.1260
APPLICANT I PROPONENT% Pain Springs W6dsurling
P.O.Box 357 -
North Patin Springs, California QMS
LOCATION OF PROPOSED ACTION: T.3 S., R.4 E., SBBM, Riverside County
Sao.30: NWXNEI4
5.00 sores, more or less.
USES TOPOGRAPHIC MAP: Desert Hot Springs-USGS 7Yz Topographlo Quadrangle
124000 stale
LAND USE PLAN CONFORMANCE and Other Regulatory Compliallow
The proposed action and alternatives are in conformanoe with the following approved land use plans:
Caer,unle,Desert Oonienmilon Area Plan (as amended), land Use Clasel9oation >= U. Unclasaitted as
required by 43 CFR 1610.5,the Habitat Conservation Plan for The Coachella Valley Fdrige-food Lizard,
the Rsoovery Plan for the Coachella Valley Fringe toed Lizard,the Flatdailed Homed Lizard Range-wide
Management Strategy.
A separate consultation with the U.S.Fish and Wildlife Service under Section 7 of The Endangered Species
Aot of ITM,as amended,Is not required as the proposed aolion coneffUtes a%mat project'In acoordance
wih Bfok&d OpRdorr for&W Projects AI(eofkrg ObaoWfa Valley Fft6toed Ward and dw Caoadwh
Valley affamfch HabRst In Rfver"OKMW, Ce OMIR(1449-F87J.
• r
NEED FOR THE PROPOSED ACTION
The right-of-my gM being requested is to provide legal authorization for an aooess road In the
NWUNEtA of Becton 3o, Townsto S.South., Range 4 East.,San Bent o Base Meridian, Ri rerside
County, California.
The access road would be constructed approdmatety 25 feet wide and 75 feet long and would be treed
to aooese private property for the construction of a wkWsudbv park
,9-23-99: 4:43PM,WIntec :760 323 0666 0 4/ :o
00/23/99 16:00 t3760 210690 Bftl PAIY SPRINGS • 0003
DESCRIPTION OF THE PROPOSED ACTION and ALTERNATIVES
The Palm Springs windsurfing park aril access road would sit on land v4soard to the soul hem border of
sedbn 19 and on the northern border of aecton SD,T.BS, RAE,SBBM.4.9 acres lies on land owned by
the Coachella Valley Water Dbiric and 0.1 acre BOB on OLM land. it would include the following faci0tes:
-A grass rigging area about 100 feet long by So feet wide
-A parking area for 150 vehicles
-Two telephone kioske
-Four separate restroorns
�+ -4500 square toot playground
-2,00D square foot maintenance building
-A 10 x 10 loot entrance gate boated on the main entmrhoe road at least hallway between highway
111 and the rigging area
-Landscaping with native species with the exception of the rigging area
-Chaln link fencing along the access mad from state highway 111 to the guard house.
The fao t would utilize the westerly most 0, a and & spreading ponds for wind surfing. Upon fidl
development,the fk ft axpeob to have an average of 75 to 115 surfers on weekdays and 115 to a00
surfers on wed a*.*. It would be open from Febi iary thmugh November each year and from swifts s to
sunset sevens days a week. During full moon periods night surfing would be allowed. The entry way
would be looked each night.
The facmly would be oorsbuwted during the wider of 1999 2000. This construction would irnrohro graders,
pavers. would mademaode eacl
toes,
back s,plc ddu p tr trhnton 20 personnel per day. Numerous trips to and from
U eke .
B. No Action Alternative
The rho-action alternative would be to deny Pain Springs Windsutng to fight 10 uwtsinrx and operate
an sass road across public lards. In this sued,the landowner would need to access his lard from some
other point
AFFECTED ENVIRONMENT
A Area Description
The affected public larhds are located within toa NW%NE14,Section so,Township S Souah, Range 4 Enst,
ABM, Riveside County,CoMmla near within the oriy of Palm Sprbhgs,off highway 111. The windsurfing
park would Be in seolon 19.
4-29-99, 4149PM:W1ntQC •780 929 0689 * a/ 10
09/23/99 16:01 0760 26609 BLit PALM SPRINGS • 41004
3
,�-��/
8
Realty:
The following lands actions have been approved within the subject public land(Le., NWI4NEY4)(see map
atiaohed) Sao.30,T.3 South., R.4 East):
LA-OSV42- RIW Pipeline LA-0152960- RIW
RI-0459 -RIW Transmission Line CA-19163 -RIW Transmission Une
Biologbal Resources:
Spades Accounts
The Coachella Valley fringe-toed lizard Is a medium sized iguar id lizard adapted to Ile on fine sand
deposits,generally with a grain diameter of less than 1 m n- It usually occurs on patches of fine sand with
a efzs of 900 square meters or more(Barrows 107), although Innis may occur on smaller accretions.
The spades has distinct fringes on Its toes which allow it to move efficiently on tine sands. Tim lzmd is
known only from the Coachella Valley. Due to habitat bee from agrladuuN, residential and golf course
devebpmerd it was bled by the U.S. Fish and Wildlife Service as threatened in I M10 (USFWS 1982).
The Coachella Valley n0wetoh Is an erect winter annual or shorMived perennial,20 to 80 centimeters tall
and covered with whit"Ilky hairs. The flowers are deep pink-purple,in a loose or dense 13-25 flowered
raceme. The two-chambered fruits are strongly inflated. it Is found on loose wind-blown or alluvial sands
on dunes or Hats in the Coachella Valley and near Desert Center along Interstate 10. The primary threat
to this plant is habitat destruction due to the wden olve urban development occurring In the Coachella
Valley. The species was listed as endangered in 1998(USFWS 1998).
The Itat-WW homed Izard Is a small phrynosomadd lizard kfiebifing sandy flats In the Coachella Valley,
Imperial Valley,Yuma Desert of Arizona and nothem Madoo. It has bet most of fls habitat In the Coachella
Valley over the last 60 years to agricultural, business and residential development. The species was
proposed for Iktlng as threatened but the proposal was witlhdrawn because new information revealed
8ueals were not as great as previously thought A conservation agreement currently eadeb between the
BLM and the USFWS which governs salons impacting this spedee.
The bald eagle Is a large bkd of prey once common throughout North America. Declines occurred prkna*
due to pesticide residues resulting In thinning shells. The cessation of two of DDT and related peetickles
has led to a rebound in eagle numbers and the species may be deflated.
The peninsular Ranges bighorn sheep Is a large hed&wo inhabiting nWW slopes and bajadas of the
Peninsula' Ranges between San Gongonb Pass and central Baja California, Mexico. The sheep has
dedkred from about 1,000 animals in the late seventies to about SW now- The sheep has been harmed
by habitat loss to golf courses, disease, human disksbanoe,poisonous plaids and automobfle callelom
A recovery plan is near completion br this spades.
0-23-99; 4:43PM;PHntoc •780 323 0000 w ei :u
09/23/99 16:01 Woo 25699 REM PAiN SPRINGS • ®006
4
Exis9no Plans and Oriloal Habitat
The private portion of this project Is subject to the terms of the Habitat Conservation Plan (HOP) for the
OVFTL. As such,no mitigation fee is required, however the area is to be`managed'. The HOP does not
address Impacts to the CVMV and snakes dear the need to consult separately under section 7 for federal
adBons. The proposed wind surfing tadlity requires a section 7 consultation because It requires a access
across federal lards in section 30.
The proposed action is consistent with the recovery plans for the CVF rL and the FiliL Rangewide
Strategy. No recovery plan yet exists for tihe CVMV. No orldW habitat of the CVFIL would be Impacted.
No critical habitat for the CVMV has been designated.
Basdlne Human Imoada
This area has bow heavily impacted by humans over the last Ifty years. The settling ponds lo the north
of the project degraded the natural habitat substandiaBy. Highway I I I Is an an ongoing source of mortality
for YAWINe N&g along it,probably Including the CVFTL and F7HL. The small human community ID the
southwest of the proposed wife has displaced habitat for wldirs, including perhaps habitat of the OVFrL,
CVMV and FTHL. Recreational OW riding is also common in this area and has resulted in devegetatbn
and wildlife mortality.
Vegetation and Wildlife
The area is dominnated by fouwwing*alb mh and cheesebush with scattered mormon tea and Indigo
bush in stabilized and pad*stabs sand fields. Currently, Mile sand is present on the site,
however sand Is likely to accumulate following storm events. Common animal species include ravens,
orows,coyotes,Mt foxes,bobcats,side winders,sid"lotched lizards,desert homed lizards and a wide
variety of beates and other invertebrates.
The Ponds adjacent to the project sits are frequented by shorebirds including cormorants and egrets.
Coots also use the ponds. The presence of other species of shorebirds and waterfowl is highly likely
because the ponds Be on Is major wate"flyway that reaches the Salon Sea, an area of great
waterfowd abundance. The banks of the ponds are irdested with salhoedar and fountain grass.
Sensitive SOedies
The area of the proposed action Is ctnenty occupied by a gravely substrate, however it Is pedodkmBy
oovered with blowsand. Isolated areas of fine blowsand occur on the lee side of mormon tea
hummocks. Currently,two minor blowsand accumulations are unlikely to support the CVFTL, FTHL
or CVMV. During periods of bloweand inundation,such species such as the OVF7L, FTHL and CVMV
are likely to return.
The FTHL was located in section 10 by Eugene Stewart(BLM 1999). It probably still occurs there In
areas of meddun to fine grained sands. About 1 mile to the west Jim Cornett saw an FTHL in 1997
(CVMSHCP 1999).
;9-23-99: 4:43PM:WIntee '760 323 0688 M 7/ 10
00/23/90 15:02 115.760 25 09 BLH PALM SPRINGS faces
5
The CVMV was located in this same section by Robin Kobaly in 1983 about 8/4 mile from the project
site(CVMSHCP) The project area has been characterized by the CVMSHCP as potentially suitable for
the FTHL and CVMV. The Habitat Conservation Plan(HOP) and the Recovery Plan for the OVFTL
classified the project area as Newuptable habhaf because it lies within the sand transport conkfor
(USFWS ISM and IS". The CVFTL has been detected 1 mile to the west In section 24 by Windy
Point(USFWS 1984 and IBM).
Surveys by Cornett In 1998 at the project she did not find the OVMV, CVFTL or the FTHL, probably due
to the absence of significant amounts of fine windblown sand from the she. Following major flood
events in Whitewater Canyon to the west,large deposits of fine sands wifi probably return to the she
due to aeolian deposition. Fines are carried eastward from the flood plain at the mouth of the canyon
by the wind following flood events.
10 The giant sandbeader cricket,Jerusalem cricket, Coachella Valley grasshopper and Oeaey%June beetle
+ may occur on the alto periodically. These Insects are all species targeted for conservation under the
Coachella Valley Multiple Species Habitat Conservation Plan. Two rodent species arrii*ated to come
under the coverage of the CVMSHOP are the Palm Springs ground squirrel and the Palm Springs
pocket mouse.
Cultural Resources:
Reserved for Archeologist comments:
Geology and Mineral Resources:
There are no mining claims,ourreM or historic,within the stMeot parcel.
a. Land Status*
1. Land Use Classfffoallon. Unclassified.
ENVIRONMENTAL CONSEQUENCES
A Orl" Elemente
The following table summarizes potential Impacts 10 various elements of the human environment,
Including the britical eiemerW listed in BM Manual H•179G-1,Appendix 5. as amended. Elements for
which ihers are no impacts will rot be discussed further In this document.
Environmental Element Proposed Action No Acton Alternative
Air Quality no impacts no impacts
ACEOs no Impacts no impacts
Culture! Resources no Impacts no impacts
. 9-22-99; 4:48PM;Wlnt9c �760 329 06" a a/ 10
09/28/99 15:08 0760 25&99 BLN PALM SPRINGS 0007
6
Native American Rellgbus no Impacts no Impacts
Oonosms
Farmlands (prime or unique) no bnpads no Impacts
Rood plains no impacts no Impacts
Minerals no impacts no impacts
T&E Animal species may affect no Impacts
T&E Plant spades may affect no impacts
wastes(hazardous/sotid) no impacts no Impacts
,i water Quality no breads nc impacts
watlanda/Wpadan Zones no impacls no Impacts
Wild and Scenio Rivera no impacts no Impacts
Wilderness no Impacts no Impacts
Environmental Justice no impaols no impacts
B.. Discussion of Impacts
The proposed action would result in the loss of five so=of ohxupiable habitat for the CVM CVMV
and FTHt_ The wind surfing park would also Interfere with the fbw of biawsard to the southeast
between highway Ill and the ponds. This interference would negatively Impact habitat for am three
spades off-site to the southeast During period&when bloweand accumulates at the site,CVFfLs and
flamatled homed lizards may be not over and killed or Ih)urod by vehicles.
Vehicles may also brig seeds of exotic plants to to site which could degrade the habitat for the
CVFTL, CVMV and FTHL. Possible awtio species that could be introduced Include tamadsk and
ioratain grass. These species are dosely associated With human disturbance, especially vehicular
impacts and water. If exp1k;species are used for landscaping these may escape Into the environment;this phenomenon has been observed throughout the desert southwest.
The proposed wind surfing park would Be about OA miles north from the Desert Angel promontory end
about 200 feet north of its associated alluvial fan. Both the fen and the promontory sue potentially
usable by sheep, although no sightings are known from these areas.
Additional adverse disturbance Impacts io the sheep are unlikely due to the presence of heavy traffic
along slats highway t11 already. The additional disturbance on the north side of tits road created by
the wind surfing park would probably not be noticeable to sheep given the already heavy existing
distwbanoe. A amen community is also present in the northeastern quarter of section 80 which
contributes to the existing disturbance on the site. The area where the wind surfing facility would be
bulk Is outside the known range of the sheep and Is mdtkehy to be accessed by sheep.The area may
once have been used as a travel corridor by sheep oroaelg the Valley to the San Bernardino
Mountainns. Such travel b no longer possible due to interstate 10 and numerous other obstnrcdons.
3 .4-o Y7
9-23-99; 4:43GM:WInt9C rill 42, U... a r to
09/23/09 15:03 0760 25699 BLt[ PALM BPRINgB • 0008
3-
r
A ball eagle was sighted by about three years ago by Don Stager,BLM ranger on the ofiffs now the
proper project site. Eagle sightings in ails area are rare and there are no-records of nesting. If
eagles were still in the area the wind park could Impact them, primarily by disrupting foraging behavior
on the ponds. However, eagles could still forage in the unused portion of the ponds (over 60%of the
available pond area)and nest in the nearby cliffs without being disturbed by visitors. Therefore,
adverse Impacts to this spades,while possible, are unlikely.
C. Mitigation Measures
1) The applicant shall apply all terms and conditions of the Blobgical Opinion (DO)Issued by the U.S.
Fish and Wildlife Service for this activity (Bblogiaaf Opinion for 3maQ Projeots Affecting Coachella
Valley Rhigdosd Uzard and the Ooaoella Valley trAveh:h Habitat in Riverside County, CaRanla(1-
f
B-tie-F-87J.
These compensation requirements from the BO satisfy those of the FTHL Rannewide Management
This Is because the F7HL co-cocum with the CVMV or CVFIL,for which the BO requires
habitat compensation.
2) An surface disturbance shall be mhilmdzed.
8) An trash shall be promptly removed from the age.
4) No off-road vehicle travel from the site shall be permitted.
6) An trash shall be promptly removed from the she.
17 No cats or dogs shall be allowed on the site during construction or operation of the site.
8) With the omption of the grace for the rigging area, only vegetation native to the Coachella Valley
shag be used to landscape the site.
9) The ponds which are used for surfing stall have all spit-cedar and fountain grass removed. These
ponds shall be.kept free of two two species.
E. Ou ukdve Imcaote
The CVF L,CVMV and FfHL have lost most of their historic habitats over the last 100 years to
residential,business and agricultural development Most of the rernalnlng habitat that is not protected
will be poet over the next 20 years as the vafieyts population doubles.
In the immediate project vioinily, Highway I I I will become bualer, more homes will eventually be built
along Band more businesses established. As humans move hdo the area habitat for all three apedes
will become increasingly fragmented and mortality will rise. Those populations not omneoted b
contiguous blocks of habitat,such as occurs in the wind parike will likely go extinct. This project is a
part of this ongoing etiological degradation.
Conclusion
The project Is likely to adversely affect the OVFfh., CVMV and FTHL within the foreseeable future. No
adverse impacts to the bighorn sheep or bald eagle are likely.
. 9-23-99; 4:43PM;WInt6C •;760 323 UU66 IF IQ, to
09/23/99 18:04 0700 25+899 nil[ PAiJt SPRINGS iM009
a
References Cited
Barrows,Cameron. 1996. Habitat Relationships of the Ooachella Valley Fringe-load Lizard (Uma
Inomata).The Southwestern Naturalist 42(2�218-229.
CVMSHCP(Coachella Valley Multiple Species Habitat Coneenratbn Plan). 1999. Unpublished Records.
Bureau of Land Management, N.Palrn Springs,CA.
USFWS (U.S. Fish and Wldlife Service). 1984.The Coachalla Valley Fringe-loed Lizard.U.S. Fish and
Wildlife Service, Portland, OR. 60 pp.
USFWS(U.S. Fish and Wlldllfe Service). 1966.The Habitat Conservation Plan for the Coachella Valley
FNrBe-toed Lizard.U.S. Fish and WddWe Service, Portland, OIL
PERSONS/AGENCIES CONSULTED:
Miles Barrett, Palm Springs Windsurfing
Alan Muth, Deep Canyon Research Carder
Katie Barrows, Coachella Valley Mountains Conservancy
Matt McDonald and Ken Corey, U.S.Fish and Wildlife Service,Carlsbad
PREPARED BY:
Palm Springs Field Office Staff
Gavin Wright-Field Office Biologist
John Dalton-Reid Ofbe Archaeologist
Diane Gomez- Field Office Really Sped
Jahn Kalbh-Lands &Mineral Supervisor
Stephanie Bolen-Field Office Environmental Coordinator
REVIEWED BY:
Environmental Ooordinalor Date
3
� So
24 August 1998 - 3
To: Diane Gomez, Realty Specialist
From: Gavin Wright,Wildlife Biologist
Subject: Windsurfing Park southeast of Windy Point along Highway 111.
At your request I surveyed this area to determine widlife Impacts from the above project I request that
you convey these comments to the applicant and their consultant Jim Comett
The area is unsuitable for the Coachella Valley fringe-toed lizard (Uma Inomafi, a federally Gated
species. The area contains no blowsand, the substrate that is required for the lizard. This project
would have no impacts on this species.
Portions of the area to the south of the ponds are suitable for the flat tailed homed lizard (Phymosoma
mcaf14. Areas of medium grained sands, particularly in hummocks around mormon tea and creosote
bushes are potential habitat for the lizard.
According to our records, the flat-tall was detected In section 19,where the project would occur, in 1979
by Eugene Stewart. That being the case, page 89 of the Flat-tailed Homed Lizard Rangewide
Management Strategy requires the we consider the spades present, even though Mr. Comett did not
find it. Nothing has occurred in section 19 since 1979 to render the habitat unsuitable. I suggest we
require the applicant to apply appropriate mitigations (Appendix 3) from the Strategy, with two
exceptions, described below.
Because the project would not occur in a Management Area for the flat-tall, no biological monitor or
fencing is required. However, the applicant would be required to pay compensation on a 1:1 basis for
acreage disturbed. The compensation amount is currently$230 acre, including the BLWs
administrative handling fee.
The project is far enough outside of the desert tortoise's (Gophena:agasizzo known range that I am
comfortable with recommending a ono effecr call, on that species, especially In light of the fact that
neither I nor Jim Cornett found tortoise sign in the project area The nearest known tortoise population
Is at the Mesa Windpark north of Interstate 10, about 6 miles away.
Don Stager has informed me that about 3 years ago he observed a bald eagle (Hafeefns
Isucocephe" near the project area We need Mr. Comett to evaluate the potential for the project to
affect the eagle, which is federally listed. If eagles eat the fish and birds in the pond, as Is likely, how
would the presence of windsurfere and associated disturbances interfere with this feeding ?
How would the noise and congestion of the project Impact the federally listed Peninsular Ranges
Bighorn Sheep (Ovis canadensts cremnobates) which may use the ridges and alluvial fans to the south
of the project? I suggest Mr. Comett contact Kevin Brennan of Fish and Game to get his Input on this
subject The Desert Angel ridge Is very dose to the project and may be sheep habitat. This situation
may constitute a"may affect. We should discuss this informally with the U.S. Fish and Wildlife Service
and the Department of Fish and Game.
How would the project affect the wintering waterfowl and other birds that use the ponds? How would
Impacts to these species be mitigated?
The project description In the BA needs to be significantly expanded to include at least the following:
1) How many acres would be Impacted by the project, both directly and indirectly?
2) What equipment and how many personnel would be required to build and operate the
facility?
3) When would construction occur? How long would it take? How many project vehicles would
travel along highway 1117
4) What type of landscaping would be planted? Native local vegetation should be required as a
mitigation, not recommended. I suggest we that the recommended mitigations from page 12 be
required.
5) How much noise, dust and vibration would the project create, both during construction and
operation?
All maps and figures should have a caption which answers the following:
,a
What is depicted?
What Is the township, range and section?
What are the City, County and State?
What is the scale and USGS topo, If applicable?
Which direction is north?
What Is the date of the map or figure?
Although, we have determined that the area Is flat-tail habitat based on the 1979 date, please ask Mr.
Cornett to show the number of survey hours and routes for the flat-tailed homed lizard that he
performed. All fiat-tag data must be collected in compliance with the Strategy's guidelines to be
acceptable to the SLM. Has Mr. Comett been trained by one of the Strategy's signatories In the homed
lizard scat detection metirodology? (page 88). We shouldn't accept data collected in variance from the
Strategy's guidelines. This document is a legally binding agreement with the U.S. Fish and Wildlife
Service and should be adhered to. I sent Mr. Comett a copy of the Strategy some time ago.
The U.S. Fish and Wgolife's survey guidelines for the desert tortoise (1992) require that 100% coverage '
be done on all project sites, as well as that transectls around the project In all directions at distances of
100, 300, 600, 1200 and 2400 feet be performed. Did Mr. Comett follow these guidelines? Please ask
him to include a map showing survey routes and to include in the text the amount of time expended by
him on tortoise surveys. If a told assistant was present we need to know that person's name and
qualifications.
I observe that Mr.Comett used live-trapping to survey for small mammals. Please ask him to Include
the number and date of issuance for his Scientific Collecting Permit. State law requires such permits.
Let me know if i can provide you with any further comments on this project
3"#'V
From: Gavin R Wright
To: dgomez
Date: Thu,Aug 27. 1998 4:08 pm
Subject: Windsurfing SA
After sending you the memo, I thought of a few more things;after giving it some thought I came up
with additional things Mr. Cornett needs to address in the next draft of the windsurfing document. They
are:
1) Cumulative impacts. His existing statement about creosote scrub is not adequate. He needs to
briefly analyze the cumulative impact of all human activities (past, present and reasonably foreseeable)
In the project area when added to the proposed action. I'd suggest he use the western end of the
Coachella Valley as the geographic area for the analysis and a time frame of 100 years ago to 30 .
years in the future. This analysis should be about half a page.
2) Growth-inducing impacts. The windsurfing facility may stimulate growth of small businesses to cater
to its customers along highway 111. These could be gas stations, convenience stores, motels,
equipment rental stores, taverns, etc. What would be the impact of these developments If they occur?
3) Indirect impacts. People visiting the windpark may go hiking, biking or OFMng in the surrounding
desert Analyze time Impacts, as well.
4) The assessment needs to acknowledge that plants and animals will be killed, Injured, disturbed or
displaced by the conshuction of the facility and its operation. Additionally, animals may be run over
with greater frequency along 111 as traffic increases.
If you could add these comments to my earlier ones when writing Mr. Cornett, I'd appreciate it
CC: emisquez,ilmcace0.ikmcad80.crohoft
OLSON ENGINEERING SYSTEMS SINCE 19"
AGRICULTURAL ENGINEERING•CIVIL ENGINEERING•LAND SURVIFYINO
May 19, 1999 OES JOB NO. 97-36
Mr. Miles Barrett, President
Palm Springs Windsurfing, LLC
Post Office Box 2287
Palm Springs, CA 92263
Re: Water Quality Requirements for Wind Surfing at
Whitewater Recharge Basins
d
Dear Miles:
This is a review of current water quality regulations pertaining to recreational
water use in the Colorado River Basin, Coachella Valley Planning Area.
Reference for the following information is Water Quality Control Plan for
Colorado River Basin - Region 7, 1994. It was produced by the California
Regional Water Quality Control Board (CRWQCB) of the State Water Resources
Control Board (SWRCB).
By definition, Table 2-1, page 2-5 Includes"swimming,water skiing, etc." in the
REC-1 beneficial use. Ms. Summer Bundy, CRWQCB Water Resources Control
Engineer on May 1111999, stated that"wind surfing"should also be included
under REC-1 Beneficial Use of Water definition since there is no difference
between"swimming,wind surfing or water siding". See attached Table 2-1, Page
2-5. Table 2-3, Page 241, Designated Beneficial Use of Surface Waters in the -
West Colorado River Basin,specifically the Whitewater River(including the
Whitswater River Recharge Basins near Indian Avenue crossing in Palm Springs),
Indicates REC4 as a beneficial use.
According to Section 3 of the Basin Plan, bacteria level objectives may be
required in REC-1. However, neither CVWD nor DWA test for bacteria. Per CVWD
Water Quality Technicians, most bacteria is killed by sunlight exposure (ultm-
violet rays) and natural aeration from the MWD outlet,through the Whltewater
River and into the Recharge Basins. More importantly, the earth also acts as a
living filter as the water percolates 200 feef+ into the aquifer. Therefore, these
public water agencies are not required to perform bacteria testing.
P.O.BOX 887•INDIO,C/WFORMA 92202•(78M 847-1118*FAX(/8q 778-8998
81 r M HIGHWAY 111,SURE 202•INDIO.CALIFORNIA 92201
PROFESSIONAL SERVIOE8 IN CALIFORNIA•ARIZONA•NEVADA•NEW MID=*OREGON 9 UTAH
3
Mr. Miles Barrett OES JOB NO. 97-35
May 19, 1999 Page Two
Please let me know if you require further information regarding "designated
beneficial uses" in the Whitewater River Recharge Basin.
Respectfully,
OLSONN�EN/GIINEERING SYSTEMS
Ben R. Olson, Jr.
R.C.E. 24951
Encl.
19
TABLE 2-1 a/
DEFINITIONS OF THE BENEFICIAL USES OF WATER
CATEGORY DEFINITION
MUN Municipal and Uses of water for community, military, or inOldual water
Domestic Supply supply systems including, but not limited to, drinking Water
supply.
AGR Agriculture Supply Uses of water for fanning, horticulture, or ranching
including, but not limited to. Mellon. stock watering, or
support of vegetation for range grazing.
AQUA Aquaculture Uses of water for aquacufture or maiculture operations
Including, but not limited to, propagation, cultivation,
{ maintenance, or harvesting of aquatic plants and animals
for human consumption or bait purposes.
IND Industrial Service Uses of water for industrial activities that do not depend
Supply prknadly on water quality khdudkhg, but not limited to,
mining, cooing water supply. hydraulic conveyarm gravel
washing, fire protection, and oti well repreaaudzedon.
GWR Ground Water Uses of water for natural or artiicial recharge of ground
Recharge water for purposes of future extraction, maintenance of
water quality, or halting soft water intrusion Into fresh water
aquifers.
-+REC I Water Contact Uses of water for recreational a*iltlse kwol ft body
Recreation contact with water,where krgestion of water is reasonably
possible. These uses kwkxK but are not limited to.
swimming, wading. water-skiing, skin and scuba&t .
surfing, white water acdvkkm fishing. and use of natural
hot sprftL
REC 11 Non-Contact Water Uses of water for rb'creaional activities kr oMM prodmity
Recreation to water, but not normally, kwolvkhg contact with water
where Ingestion of water is reasonably possible. These
uses kmdude, but are not limited to, plo nisi ft, sunbathing,
hiding. beachcombing. campkmg. boating. Wepool and
marine life study. huntkmy, sightseebng, or aeethetic
a ftment kn co*nction with the above ecMies.
WARM Warm Freshwater Uses of water that support worn water soosystems
Habitat including. but not limited to. preservation or enhancement:
of aquatic habitats, vegetation, fish, or wildlife, knclucng
kwertebrates.
t994 2-5 BENEFICIAL USES
TABLE 23(ConL)
\ BENEFICIAL USES OF SURFACE WATERS IN THE WEST COLORADO RIVER BASIN
M A A F I G R R W C JW IP IR
U G Q R N W E E A O 1 O A
N R JU 8 ID R C C R L L W R
A Ill 1 II M D D E
Streams(Con.)
TvAn Pines Creek X X X X X X X
valecito Creek P I I 1 I I I
Walker Creek P X X X X X X
Whitewater Rtv O X X X X X I X X X
WAlow ( reek P X X X X X
Other
I
Unlisted Perennial and I I P I I I I
u
intertNltent Streams P'i X'a X X Ix X I X X
Washes"(Ephemeral V2 1 1 7 1
Streams)
Footnotes ter Table 2-3
1. Some very Imited spg age of canal water occurs providing freshwater replenWwnsnt to Salton Sea.
2. Unauthorb ed use.
S. The water quatlly is satiafactaY to support REC I use, aMwMh such use is strictly prohibited and would be extremely dangerous.
4. Section of perennial flow fnxn aWmirnateiy Indio to the Salton Sea.
5. Alhough some fishing occurs in the downstream reaches,the presently aorde *coded water In the river
makes it untit for any recreational use. An advisory has been issued by the Imperial County Health-
Dep ubnard warning against the a xwxnpdm of any fish caught from the river and the river has been
posted with advisories against any body contact with the water.
6. The We was expedmsntaly stocked with trout during the winder of 1987M. The results from this stocking
will be evaluated to see if future doddng will be m=MM dad.
7. Use, B any, to be determined on a case*-cm basis.
8. Although it Is not encouraged, chMm play in the water infrequently an the woft reserve. 2 /
v J
1994 2-11 BENEFICIAL USES
9. Most of the creek Is on National Forest Service land except one section which Is owned by Desert Water
Agency. This section provkles the only reasonable access to the area. To enter Falls or Snow Creek
through Desert Water Agency's land, a permit is required. The permit stipulates that persons entering
through DWA's land must agree not to swim, fish, or wade in any portion of the creek.
�. 10. Includes the section of flow from the headwaters in the San Gorgonio Mountains to(and Including) the
Whitewater Recharge Basins near Indian Avenue crossing in Palm Springs.
11. Potential use designations will be determined on a case-by-case basis as necessary in accordance with
the"Sources of Drinking Water Pogcyr" In this chapter.
12. Applies only to tributaries to Salton Sea.
13. Rare, endangered, or threatened wildllfe exists in or utilizes some of these waterway(s). If the RARE
beneficial use may be affected by a water quality control decision, responsibility for substantiation of the
existence of rare, endangered, or threatened species on a case-by-case basis is upon the California
Department of Fish and Game on Its own Initiative and/or at the request of the Regional Board; and such
substantiation must be provkled within a reasonable time frame as approved by the Regional Board.
14. Including the section of ephemeral flow in the Whitewater River Storrs Water Channel and Coachella
Valley Storm Water Channel from Indian Avenue to approximately 114 mile wrest of Monroe Street crossing.
I& The California Department of Fish and Game manages these and does not permit swimming in
them
16. The only REC I usage that Is known to occur is from Infrequent fishing activity.
L
BENEFICIAL USES 212 1994
`Fred S Pearr s;5_ nn Caftiea�rafrCa»rron#8g Cazraf<Cift� C?{
2
a9M 60 co
RECEIVED
%�vcve
December 2, 1999
City Council
City Hal
3200 Tahquitz Way
Palm Springs, CA 92262
Re: "The Ponds'
Dear Council Members:
My family,friends and I wholeheartedly support the Planning Commission's decision to go forward
with"The Ponds'windsurfing and recreation facility in Palm Springs.
Like their surfing compatriots who roam the world in search of the perfect wave,windsurfers will find
their perfect wind at"The Ponds." "The Ponds"at Palm Springs is destined to replace"The Gorge
in Oregon as the Mecca of the international windsurfing community.
Your affirmative vote on this issue will add yet another facet to Palm Springs' reputation as the
World's Playground. Those that play here are likely to stay here.
Very truly yours,
Cc: Planning Commission
3
Draft Planning Commission Minutes
November 24, 1999-Pg. 1
CASE 5.0813 -Application by PALM SPRINGS WINDSURFING to construct a windsurfing
park on 5.1 acres located at Highway 111 and Overture Drive to facilitate windsurfing
on Coachella Valley Water District spreading ponds Nos. 4, 5, and 6. Proposed park
is to include an activities center, maintenance center, guardhouse, portable restrooms
and an administrative office, W Zone, Section 19.
Commission response to written comments on Draft Negative Declaration; action.
Chairman Mills abstained,as he is the architectforthe project;Vice-Chairman Fontana
presided.
David Dawson, Associate Planner, gave an overview of the staff report and exhibits,
noting that this project proposes to utilize the percolation ponds, which recharge the
aquifer in the valley, collecting the Colorado River and drainage water, and this will
remain unchanged with this proposed use. He further stated that the ponds are
approximately 300 feet wide, ranging from 450 to 1400 feet long,that a new issue has
arisen, i.e. that for the next two or three years Metropolitan Water will not provide as
much water, which will restrict the proposed facility to operation to two or three
months in the spring. Therefore, applicant is requesting to phase the project, which
is significantly reduced to a 1,000-5quare foot building to provide amenities associated
with the use of one smaller ramp and 86 parking spaces; that the facility will have
lifeguards and maintenance personnel, with jet skis available for emergency use only,
that applicant's intention is to expand it to the full project status (as shown in
presentation) in two to three years;that all facilities are designed to facilitate the blow-
through of the blow sand, which is part of the habitat for a number of desert species;
and that the Bureau of Land Management controls the landscaping(which is minimal,
and comprised of natural species).
He stated that environmentally,the primary issue was the purchase of five acres of land
for the Milk Vetch and fringe-toed lizard in the Snow Creek area; that hydrology and
soils studies will be required to establish pad elevations to address water hazard,
proximity and flooding in case of a seismic event; that environmental issues of short-
term air quality during construction will be mitigated with the fugitive dust control
ordinance of the City; and biological and species impacts have been dealt with by the
purchase of the five acres of land in Snow Creek; that there is discussion regarding a
septic system or a self-contained system; and staff recommends approval, subject to
conditions in the staff report.
Dawson responded to questions by Commissioners and stated that the normal depth
of water in the ponds is six to eight feet; that use of life guards is a condition of
approval; that applicant is considering portable, construction-type sanitary facilities,
due the capital outlay for a two to three month season (Metropolitan Water District is
not even ensuring this length of time); that the project has been dramatically scaled
down; and that the "wave" pattern is painted on the building.
Draft Planning Commission Minutes
November 24, 1999- Pg. 2
CASE 5.0813 - PALM SPRINGS WINDSURFING -Cont'd
Public Hearing opened.
Kay Hazen, Palm Springs resident, spoke in support of the project as presented in its
full realization, as well as the proposed reduced scale;that it will add a lot to the City
as a wonderful attraction, and urged approval.
Miles Barrett, president of Palm Springs Windsurfing, expressed appreciation to the
staff for their effort, introduced his team in the audience, and stated that due to recent
developments resulting in the shortened and uncertain season (as short as two or three
months for the next two years), and not wanting to over extend their financial
capabilities, they decided to proceed with the Phase 1 only. This is to include the
core essential (entryway, 1,000-square foot building for employee activities and to
house rental gear, parking lot, western ramp, and cleaning up the ponds, temporary
modular office building, and portable toilets-the alternative is a modular restroom
system which requires digging a holding tank,and the cost does not justify the limited
use, and defer construction of the remainder of the amenities to a later date. By virtue
of the lease with Coachella Valley Water District they are required to have one
qualified life guard per pond whenever they are being used.
Marvin Roos, Director of Planning Services for Mainiero Smith &Assoc., stated when
they were filing the application they became aware that 3,000 square feet of Bureau
of Land Management land was involved, requiring negotiations with BLM and Fish &
Wildlife Service(including purchase of five acres of property, no plants(allowing blow
sand to blow through); urged approval of this scaled-back project.
Mike Azeka, stated that he is Vice President of SeaWest,one of the largest wind energy
companies in the United States,operating approximately 1,000 wind turbines south of
Interstate 10, and on the same site as ponds 4, 5 and 6, or immediately adjacent
thereto; that he is a windsurfer and glad to see the activity that was allowed by the
water district briefly in the 1980s coming back. He stated that their company has a
tremendous concern about safety,as the north end of the ponds will not have anything
preventing people from entering the area other than the lifeguards, who will be
enforcing rules of the management of the project only;that the courts have recognized
"attractive nuisances", such as the wind turbines;that it is difficult to patrol an 82acre
facility with one lifeguard; that since their turbines are located on the levy between
ponds 5 and 6 which the windfurfers will be using, they strongly urge addition of
conditions for fencing 010 feet) and signage in two locations; that his suggested
conditions are included in his letter of November 23, 1999, i.e. 6-foot tall chainlink
fence or locked gate for the I ife of the permit at the northerly end of the levy between
ponds 5 and 6, and between ponds 4 and 5, and post a "No Trespassing" sign in
31 �47
Draft Planning Commission Minutes 4,004X
November 24, 1999- Pg. 3
CASE 5.0813 - PALM SPRINGS WINDSURFING -Cont'd
English and Spanish;that they have owned and operated the wind turbines since 1985;
that this is a hard-hat area with a lot of heavy equipment being operated and they are
concerned about their company's liability and exposure and do not want anyone to get
hurt, or possibly electrocuted (they have a lot of 34,500-volt lines running across the
area immediately north of the pond); that their primary concern is for the spectators
and others on the site;that they would be happy to work with the applicant,and urged
the Planning Commission to consider their suggested conditions.
There being no further appearances, Public Hearing was closed.
Planning Commissioners'concerns were primarily aesthetics of the proposed modular
buildings, safety (including number of life guards and fencing), and phasing,
In response to questions by Commissioners, Director stated that the issue of the
shortened season came up in the last few days,which did not allow sufficient time for
revised exhibits, and indicated areas that are to be considered today, i.e. entryway,
first portion of parking, and the smaller of the two ramps. He further stated that they
will have to submit a revised building plan and bring in modular buildings for
restrooms and interim usage, that if the Commission were to require them to prepare
building plans that follow the design character of the permanent buildings, hedoesnot
feel it would be cost prohibitive for these smaller buildings to be embellished;that this
will have to be referred back to the Development Committee;that the Commission can
take action today and the Fire Department, Engineering,and technical staff can review
Phase 1 operations with the developer and bring back to the Planning Commission if
necessary;that the project should have the same character, but constructed over a two
to three period instead of the first year,that applicant's efforts to get the facility open
are reasonable,and this would be a tremendous recreation amenity for the community;
and that zoning designations encourage recreational use. Lining of the ponds has
been discussed, but not practical in the first few years.
In response to Commissioners'questions regarding the safety aspects, applicant stated
that he has been involved in the wind industry since 1983 and is familiar with the area
Mr. Azeka was referring to; that they do not want to comply with those suggested
conditions unless they are required to do so, as the turbines in the immediate area are
tubular towers with doors and locks; that his experience with windsurfers is that they
are very intelligent, and someone would have to go to great lengths to reach the
turbines(watercourses are between the ponds and someone would have to scale across
a rushing river to reach); that someone would be visible for 15 minutes before
reaching the vicinity of the turbines. He referred to SeaWest's letter and map, which
Draft Planning Commission Minutes
November 24, 1999- Pg. 4
CASE 5.0813 - PALM SPRINGS WINDSURFING -Cont'd
indicates there are only two turbines in the immediate area (between ponds 5 and 6);
that they will have very strict safety rules,with violators being subject to ejection;that
they will be happy to add signage, and would be willing to add the fencing if it
becomes a problem in the future; that the only unrestricted access to the levy system
is through Indian Canyon Drive, which is unmonitored, anyone can use freely, and
which SeaWest uses daily; that they feel they can police their own patrons and that
fencing is too extreme (unless it becomes a problem).
Director suggested adding a condition that fencing may be required in certain areas,
based upon site review, and that further discussions among applicant, the adjoining
property owner/use and staff would be appropriate, to be brought back to the
Commission if necessary, and BLM will be included if it involves their interest. He
stated that these are large ponds, and one or two people watching from the south end
would have difficulty without the use of field glasses; and that chainlink fencing is the
standard fencing material for uses and areas of this type. Applicant will be asked to
work with the Riverside County Health Department regarding water quality and
hazards.
In response to questions and comments of Commissioners' Director reviewed the
phasing(Phase I: bend and access roadway, 86 parking spaces,westerly ramp-smaller
one, interim maintenance facility and interim restroom and/or operations
facility-building has not been designed, but staff suggests that the elevations in the
upper right colored drawings be followed-that a lot can be done with modular
buildings for interim facilities and restrooms and embellished with this type of design;
Phase II (when water availability and a longer season are more certain): additional
parking, larger buildings, and a much larger ramp. He further stated that watching the
market response before construction of the full facility is reasonable;that applicant will
have to get approval from the health department(engineering section) regarding the
sanitary sewers;that a sign program will be brought back for staffs review,or Planning
Commission if needed; that because of the environmental resources and concerns
regarding animals that thrive on sand movement, the Bureau of Land Management
required the applicant to go through an extensive process and limited the amount of
landscape material.
Commissioner Matthews stated that he supports the concept, and suggested a
temporary, move-on building; that his concern is vacant buildings if the project is not
successful. Commissioner Raya stated the he is excited about the project; and asked
about the County's comments.
3, 4f43
Draft Planning Commission Minutes
November 24, 1999- Pg. 5
CASE 5.0813 - PALM SPRINGS WINDSURFING -Cont'd
Applicant responded to questions of Commissioners and staff, and stated that the
1,000-square foot building would be Butler-style, prefabricated; that the Coachella
Valley Water District lease requires moving facilities off the site (this type of building
has resale value); that the County's comments were from a 1988 application by Palm
Springs Speed Sailing, and a lot of those recommendations are obsolete and do not
relate to this application; that they will not have overnight camping activity at this
time-possibly might be addressed at a later time, and that they are requesting that
landscaping be phased-using small plants/trees. He stated that in order to reach the
wind turbines from the ponds, it would be necessary to secure the rig and scale the
sides; that the towers are located mid-pond and lifeguards will use field glasses for
surveillance, that in addition to rulestregulations(with ejection if violated), there will
be signs; that the maintenance building (1,000 square feet) is a permanent structure;
that the modular office(750 square feet)will be the activity center, with limited retail,
and depending on budget they will either remove it and bring it back for the next year
or leave in place for year round 24-hour security(as required by lease)to use; and the
temporary portable toilets will be returned until the next season.
Commissioner Caffery stated that he likes the project, that a block structure with a
more permanent type restroom would be a great asset.Acting Chairman Fontana stated
that he likes the project, and asked about length of time allowed for temporary
structures;stated that the requirements by the County and the health department could
be a significant issue; that he feels the verbal explanation for the need for phasing is
adequate.
Director stated that the Commission can specify the length of time allowed for
temporary structures(it has been done for from three to five years). Dave Barakian,City
Engineer, responded to the question regarding Condition No. 55-sanitary sewers,and
stated that a private sewer system would have to be constructed to service the
proposed development(at the time staffs conditions were written the phasing idea was
not proposed); that with the phasing, he would not be opposed to portable restroom
facilities for a certain period of time, but not on a permanent basis.
Director stated that in the mitigation measures (which complement the conditions of
approval), because there are no sewer lines to connect to, applicant will eventually
have to get approval from Riverside County Health Dept. for an on-site wastewater
treatment plant system; that the wastewater discharge will be worked out with the
Health Department and City Engineer,that the Health Department and Water District
would prefer a holding tank that is pumped instead of a septic system next to a
recharge field; that the interim use will be a portable system, which will limit the size
of their activities, and this will be addressed in their final development plans.
Draft Planning Commission Minutes
November 24, 1999- Pg. 6
CASE 5.0813 - PALM SPRINGS WINDSURFING -Cont'd
Staff submitted late responses from some agencies, including an approval of the jet
skis on the specified limited basis.
M/S/C(Raya/Caffery; 5 -0; 1 absent; 1 abstained)to file a negative declaration and
approve, subject to conditions, including the following:
1) That the applicant,Mr.Azeka(SeaWest)and staff establish a meeting time to
evaluate the issues of security, per Mr.Azeka's letter;
2) Phasing to be referred to the Development Committee; and
3) That the temporary modular buildings be designed with the same character
as the elevations that were submitted at today's hearing;
ss : * :
November 23, 1999
Criste,Pippin&Golds
73-550 Alessandro Drive,Suite 200
Palm Desert,CA 92260
RE: Geopetro,LLC
Dear Sir.
This is confirm,our.telephono conversation regarding the Hearing set for your client,from December 1,
1999,to December 15, 1999,'�O p.m.,Council Chamber,City Hall.
The Planning Department did request the change. I appreciate your cooperation and consideration in the
date change.
If you have any materials you wish to provide to the City Council for the December 15, 1999,meeting,
please provide this Office with ten(10)copies no later than December 9, 1999. We will include the
information in the packet of material that will be distributed to the Council on December 10, 1999.
Should you have any questions,please let me know,and again,thank you for your understanding in this
matter
Sincerely,
PATRICIA A.SANDERS
City Clark
cc: Planning Dept.
Q VAIN City of Palm Springs
O 4�y
Z N Planning & Building Department
• °+t,FoaN`�• MEMORANDUM
Date: November 12, 1999
To: Dave Aleshire, City Attorney
oi
From: Douglas R. Evans, Director of Planning & Building' I
Subject: Notice of Appeal-Geopetro/Prieto-Case 5.0789 PD 252
Attached please find copies of the applicable codes and ordinances. Legal advice is necessary
in order to determine if the subject appeal is timely and appropriate. Specific issues are as
follows:
1) The Appellant did not file an appeal regarding TTM 28907 and Cases 5.0789-PD 252.
Both of these actions required payment ofTUMF. Both were discretionary permits,and
now the Appellant is challenging the ministerial building permit. See Section
9411.00.B. PSZO.
2) Section 9411.00.D. creates an opening regarding the time limits for appeals by
allowing an applicant on Indian land to file a complaint (appeal) with the City Clerk
regarding the City's handling of any matter addressed in Section 9411.00.A. If this
process is followed, the City Council should take action on the complaint. Once
action is taken, then the applicant would have to file a formal appeal with the Tribal
Council. At this stage,the applicant has not submitted all of the necessary information
for the City to issue a building permit. The Appellant is using the attached October 25,
1999 letter from Angela LaFrance as a "decision", when, in fact, it is not. If only
explains our position. Does the issue raised in No. 1 above take precedence over this
provision?
Thank you for your advice on this matter. We need to know by November 16, 1999 in order
to prepare notices and reports for the December 1, 1999 City Council meeting.
Attachments: PCMC Appeals-Chapter 2.05, Pgs. 8A-8 - 1
PSZO Indian Land Appeals-Pgs. 327 and 328
LaFrance letter, October 25, 1999
cc: Dallas Flicek, Interim City Manager (W/attachments)
Allen Smoot, Assistant City Manager-Operations "
Patricia Sanders, City Clerk "
2 .05.010--2 .05.020
Chanter 2.05
APPEAL TO CITY COUNCIL
Sections:
2.05.010 Exclusive procedure.
2.05.020 Definitions.
2.05.030 Filing of appeal.
2.05.040 Time of filing.
2.05.050 Time of hearing--Notice.
2.05.060 Answer and cross-appeal.
2.05.070 Designation of parties.
2 .05.080 Hearing by council.
2 .05.090 Dismissal for nonprosecution.
2 .05.100 Time for decision--Effective when.
2.05.110 Reconsideration.
2.05.120 Rehearing.
2.05.010 Exclusive procedure. Except in cases in-
volving the admini t straive appeals board pursuant to Chap-
ter 2 .50 or as otherwise specifically provided by this code
or other ordinances, all appeals to the city council other-
wise allowed by the code or other ordinances shall be pros-
ecuted in accordance with this chapter. (Ord. 1537 §1,
1996: Ord. 1226 51(part) , 1984) .
2.05.020 Definitions. For purposes of this chapter:
(1) "Aggr eyed person" means
(A) Any applicant who has been denied a permit or
license or who has been granted a permit or license subject
to conditions by any administrative officer or agency of
the city, where such denial or grant is otherwise appeal-
able; or
(B) Any person who was entitled to notice of the
application by another for a permit or license, whether or
not such notice was actually given, and who is dissatisfied
that the permit or license was granted with or without
conditions, where such grant is otherwise appealable; or
(C) Any person whose personal, pecuniary or prop-
erty right or interest is directly and adversely affected,
or upon whom a substantial burden or obligation is imposed
by the action or decision appealed from.
(2) "Administrative agency" means an organ of the
city government other than the city council which affects
the rights of private parties through adjudication or
rulemaking.
(3) "Administrative officer" means an officer of the
city who is not a member of the legislative body or ap-
pointed boards or commissions. Such officers include but
are not limited to the city manager, chief of police, di-
rector of transportation and director of community develop-
ment.
(4) "Appellant" means an aggrieved person directly
affected by an action, who files an appeal.
8a (Palm Springs 4/97)
2.05.030--2.05.060
(5) "Intervenor" means a person aggrieved by the grant
of a permit or license to another, or who was entitled by
law to notice of the action taken, who seeks to be heard
concerning such person's interest in an appeal.
(6) "Respondent" means the administrative officer or
agency which took the action appealed from, and any other
administrative officer or agency named as respondent in an
appeal. (Ord.- 1226 51(part) , 1984) .
2.05.030 Filin of appeal. A person aggrieved by an
action taken y an a n strat ve officer or administrative
agency of the city may appeal the action to the city council,
if the action is made appealable by applicable provision of x91'
the Palm Springs Municipal Code or other city ordinance, by
filing with the city clerk a written notice of appeal which '.
sets forth the appellant's full name u maiyin�aadrgss, the
specific action appea a from, the grounds for the a peal and f , y
the relies "sought; and pay`=ng to the c t c erk suc as
the city-M rdir-may establish by resolution. (Ord. 1226
Sl(part) , 1984) .
2.05.040 Time of filing. The notice required by Section
2.05.030 shall be =led no later than ten days following the
date of mailing to appellant of notice of the action from
which the appeal is taken or, if theme is no such mailing
and/or none is required, no later than fifteen days following
••^�- the date of the action which is the sub ect o the appeal.
The efty-•drerk-1h'alk furnish a copy of the appeal to the
respondent within five days after filing. (Ord. 1226 51 (part) , 1
1984) .
2.05.050 Time of hearin --Notice. (a) The city clerk,
upon receipt o t e—not=ce o appea , shall set a time and
place for the hearing of such appeal by the council. The
appeal shall be heard no more than forty-five days following
the filing of the notice of appeal unless the parties waive
such time limits. ,
(b) Notice 'of the time and place of the hearing shall
be mailed or otherwise delivered by the city clerk to the
appellant, respondent and all other persons, if any, to
whom notice of the initial application or action was required,
not less than ten days prior to hearing. If publication of
the initial application or action being appealed was required,
the notice of appeal shall be published in like manner.
(Ord. 1233 S1, 1985: Ord. 1226 51(part) , 1984) .
2.05.060 Answer and cross-a al. Respondent is not
required to =le an answer t0 t e appeal. If no answer is
filed, every material allegation of the appeal is in issue.
After an appeal has been initiated, a cross-appeal
may be brought by any person who would otherwise have had
8b (Palm Springs 3/85)
h
2.05.110--2.06.010
(b) No later than five days following the rendering
of the council's decision the city clerk shall mail or
otherwise deliver a copy of said decision to each party who
appeared during the proceedings, or who requested to be
furnished a copy of the decision. Failure of the city
clerk to mail or deliver a copy of the decision to each
party or to any party shall not affect the finality or
effectiveness of the decision. The council's decision
shall be final and effective at the final adjournment of
the meting at which the decision is rendered, except in
those cases where the council is authorized to grant a
rehearing, in which case the council's decision shall be
final and effective:
(1) When the time to petition for rehearing has
expired without the filing of a petition for rehearing; or
(2) Upon the denial of a petition for rehearing.
(Ord. 1226 51 (part) , 1984) .
2.05.110 Reconsideration. Without granting a rehear-
ing, the city council may reopen and reconsider a decision
at any time before the decision becomes final. A motion to
reconsider may be made only by a member of the city council
who voted in favor of the decision. (Ord. 1226 51 (part) ,
1984) .
2.05.120 Rehearing. In those cases where the effect
of a decision on appeal is to deny a permit or entitlement,
an appellant may apply for a rehearing by filing with the
city clerk and serving upon the other parties, within fif-
teen days of the date when the decision was rendered, a
petition therefor. Within thirty days after the filing of
such petition, the council shall grant or deny the peti-
tion, in whole or in part. Failure to act within the thir-
ty day limit shall constitute denial of the petition.
(Ord. 1226 §1(part) , 1984) .
Chanter 2.06
BOARDS AND COMMISSION GENERAL PROVISIONS
Sections:
2.06.010 General rules regarding appointments, terms,
vacancies.
2.06.020 Chairmen, vice-chairmen--Selection--Terms.
2 .06.030 General rules reaardinar appointments terms
vacancies. (a) Unless otherwise provided by law, or by
ordinance adopted after the effective date of the ordinance
codified in this section, all members of boards and commis-
sions of the city shall be appointed for three-year terms
commencing on July 1st of the year of appointment; provid-
8-1 (Palm Springs 3/99)
SECTION 9411.00 APPEALS, INDIAN TRUST LAND
A. Pursuant to tbe'contractual agreement between the Tribal Council, Agua Caliente Band of
Cahuilla Indians (Tribal Council), and the City Council of the City of Palm Sprigs (City
Council), executed July 26, 1977, and the provisions of Tribal Ordinance No.C4/enacted
August 5, 1977, and notwithstanding any provision of the Palm Springs Zoning Ordinance to
the contrary, said Tribal Council may, upon the appeal of an aggrieved party, either affirm,
modify, or reverse any decision of said City Council in the following matters relating to the
use, proposed use, or development of Indian trust land:
1. Building and Utility Permits.
2. Changes of Zone.
3. Variances from applicable zoning requirements.
4. Conditional Use Permits.
5. Planned Development District Permits.
6. Tentative and Final Tract and Parcel Maps.
7. Changes or amendments to the General Plan, or to the Zoning Ordinance of the City of
Palm Springs.
8. Enforcement of Zoning and Building Codes.
9. Interpretation of State and Federal environmental regulations.
10. Related matters to the above.
B. Notice of appeals to the Tribal Council must be filed within ten (10) days of the written
decision of the City Council which is being appealed, and such filing stays all proceedings in
the matter until the decision of the Tribal Council on the appeal.
C. Notwithstanding any provision of the Palm Springs Zoning Ordinance to the contrary, any
matter referred to in Section 9411.00A, above and relating to the use, proposed use, or
development of Indian trust land, which has been disapproved by the Planning Commission of
the City of Palm Springs, shall be forwarded to the City Council for decision within the time
limit, as prescribed for those matters requiring a decision of said City Council. Unless an
applicant signs a written waiver of his appeal rights when any matter referred to in Section
9411.00A above has been disapproved, the Secretary of the Planning Commission shall notify
the applicant of such disapproval in writing. The notification shall further inform the applicant
that(1) the matter has been forwarded to the City Council for decision, and (2) that applicant
may contact the City Clerk within 15 (fifteen) days regarding the date applicant desirm the
matter to come before the City Council. For purposes of this paragraph, a matter shall be
deemed disapproved if formally disapproved or conditions are imposed before the approval will
be granted.
D. in those matters referred to in Section 9411.01IA, above, and relating to the use, proposed
use, or development of Indian trust land, the applicant, land owner, or the Tribal Council at
Appeals, (1.L.)
9411.00
Revised & Reprinted 5-1-98 -327-
any time during the application or proposal processing period, may, if it is contended that there
is or has been any unreasonable or undue delay in such processing, file complaint in writing to
this effect with the City Clerk, and the City Council shall thereupon as promptly as practicable,
hear the matter, make a decision, and take such action as is appropriate'in the case.
E. Notwithstanding the fact that the Tribal Council is not a "public agency" or a "quasi-public
agency", the decision of the Tribal Council on an appeal from action of the City Council in any
matter referred to above, shall be made at or subsequent to at least one public meeting with the
City Council at which time the appellant may be heard and where testimony of the general
public on the issue may be heard, provided that such comments supply new and pertinent
information not previously included in the City record. Testimony of the general public shall
be subject to reasonable restrictions which might be imposed by the Tribal Council to limit the
length of the meeting and to avoid repetition of testimony.
F. The decision of the Tribal Council shall be final on any appeal from a decision of the City
Council. Thereafter, any permits necessary to the use of the land in accordance with the
decision of the Tribal Council shall be issued by the City of Palm Springs.
Appeals, (I.L.)
9411.00
Revised & Reprinted 5-1-98 -328-
O� PALMS
A
City of Palm Springs
* * Office of the City Clerk
s
* afaa�• » 3200 Ta6quin Canyon War•Palm SpnW,Cak(wnm 92262
CqI I FOIL TEL(760)323.8204•Too:(760)864.9327
November 8,' 1999
Geopetro, LLC
C/O Criste, Pippin&Golds
73-550 Alessandro Dr., Suite 200
Palm Desert, CA 92260
Dear Sir:
We are in receipt of your check payable to the City of Palm Springs for $250.00, check
#15122.
Your request for hearing before the City Council will be scheduled for Wednesday, December
1, 1999, at 7 p.m., in the Council Chamber.
Should you have any additional materials you wish to be distributed to the City Council, you
must provide 10 copies to the Office of the City Clerk by November 19, 1999.
If you have any further questions regarding this matter, please contact Mr. Doug Evans,
Director of Planning &Building, (760)323-8245.
Sincerely,
PATRICIA A. SANDERS
City Clerk
cc: Dept.Planning &Building
City Manager
t ,
Post Office Box 2743 • Palm Springs, California 92263-2743
CITY OF PALM SPRINGS
RECUR BY: COUNTER O100000:768
MAYOR: CRISTE,PIPPIN GOLDS
TODAY'S DATE: 11/08/99
REGISTER DATE: I1/08/99 TIME: 09:5000
DESCRIPTION AMOUNT
OTHER CHARGES SVCS $250.00
TOTAL DUE: f250.00
CHECK PAID: $250.00
CHECK NO: 15122
TENDERED: f250.00
CHANGE: $.00
O� pALM S
City of Palm Springs
Office of the City Clerk
ro..riv 3200 nAquicz Giryon Way•Palm Springs,Glifomin 92262
CqL I FORN\P TEL(760)323.5204•TDD.(760)864-9527
November 8, 1999
Geopetro, LLC
C/O Criste, Pippin&Golds
73-550 Alessandro Dr., Suite 200
Palm Desert, CA 92260
Dear Sir:
Enclosed please find your check payable to the City of Palm Springs for $375.00, check
#15121.
Your request for a hearing before the Administrative Appeals Board does not meet the
requirements for hearing from that Board.
Municipal Code 2.50.020 states'...Specifically excepted from the board's jurisdiction are
planning and zoning decisions and/or recommendations issued by the planning commission,
including, but not limited to, general plan amendments, specific plans, subdivision approvals,
variances, conditional use permits, site plan approvals, architectural review, or similar land use
matters.'
In as much the appeal states that the grounds are refusal to grant a permit by the Department of
Planning&Building, the appeal does not fall under the Board's jurisdiction.
If you have any further questions regarding this matter, please contact Mr. Doug Evans,
Director of Planning&Building, (760)323-8245.
Sincerely,
PATRICIA A. SANDERS
City Clerk
enc. Check#15121
ex:: Dept.Planning&Building
City Manager
Post Office Box 2743 • Palm Springs, California 92263-2743
09 9 City of Palm Springs
S
V H Planning & Building Department
• C411FORN�'• MEMORANDUM
Date: November 5, 1999
To: Dave Aleshire, City Attorney
From: Doug Evans, Director of Planning & Building
Subject: Notice of Appeal-Indian Owned/ndian Land Development
AMIFM Gas Station and Convenience Market
Attached please find a Notice of Appeal from the Indian landowner for the proposed
development located on Ramon Road. This appeal is a fairly complicated one in that it
involves the City Council, the Administrative Board of Appeals, and CVAG. The Indian
landowner is appealing our ability to withhold a building permit for a project which does not
pay the TUMF fee.
There is some question as to whether or not this is a valid appeal, in that: 1) all items of the
building permit plan check have not been completed; 2)the Notice of Appeal is not signed;
and 3)the City Clerk is concerned about accepting the appeal fees since we need clarification
on whether or not this is a valid appeal.
It is my belief that if the City does not collect the TUMF fee prior to the issuance of the
building permit, the TUMF fee will be deducted from the City's Measure A funds and the
taxpayers will pay for traffic mitigation on Indian land again.
Please review the attached information provided by the City Clerk and yours truly.
Attachment hr2r
cc: Commander Sanders (w/attachment)
Dallas Flicek, Interim City Manager "
Al Smoot, Assistant City Manager-Operations "
NOTICE OF APPEAL C`5 �+� CO/
DIED
Identification of Ag 1pe lant:
CL
Geopetro LLC
c%Criste,Pippin&Golds
73-550 Alessandro Drive, Suite 200
Palm Desert, California 92260
Phone: (760) 862-1111
Facsimile: (760)776-4197
Action Amuealed:
The City of Palm Springs,Department of Planning&Building,Building
Division's October 25, 1999 refinal to issue a building permit. (Attached hereto
as Exhibit A is a true and correct copy of the correspondence from Angela A.
LaFrance,Permit Center Technician,denying the permit.)
Grounds for Appeal:
Geopetro LLC is a company formed by its majority,controlling owner,Damon
Prieto. Mr. Prieto is a Tribal Member of the Agua Caliente Band of Cahuilla
Indians("the Tribe'). Geopetro LLC seeks to develop a gas station and
convenience store on Mr.Prieto's Indian trust property located at 3600 East
Ramon Road,Pahn Springs,California.
The City of Palm Springs,Department of Planning&Building,Building Division
(hereafter"the City")refiised to grant a permit until Mr. Prieto pays a
Transportation Uniform Mitigation Fee("TUMF fee').'
The TUMF fee constitutes an illegal tax on Indian economic activity within the
reservation boundaries. Denial of this permit based on this tax is improper.
'The City contends that Geopetro must first pay the TUMF fee and then appeal to the
Coachella Valley Association of Governments(CVAG). However, Geopetro is not appealing the
TUMF fee,but the failure to issue the permit. Nonetheless,in order to ensure all administrative
appeals are exhausted,this appeal is being filed three places: (1)the City of Palm Springs City
Council, (2)the City of Palm Springs Administrative Appeals Board,and(3)CVAG. Geopetro
will pursue each appeal simultaneously.
iim.doi.wpa 1
ORIGINAL
Relief Sought:
This issuance of a building permit for the convenience store development located at 3600
East Ramon Road in Palm Springs,California.
Background
Mr.Prieto is the beneficial owner of an Indian trust allotment within the reservation
boundaries of the Tribe. Mr.Prieto,through Golden State Enterprise LLC,a company in which
he is the controlling owner,is constructing a phased development on his allotment. As the initial
phase of this development,named Airport Plaza,Mr.Prieto,through another company he
controls,Geopetm(the appellant herein),is developing a convenience market with gas pumps
and canopies. Airport Plaza is an Indian-owned development on reservation land.
On January 26, 1999,Geopetro submitted an application to the City for all required
building permits,plan checks,inspections,and fees. Among the fees requested by the City is a
TUMF fee of$134,992.75. The City is collecting the TUMF fee on behalf of CVAG.
TUMF Fees
In November 1988,Riverside County voters approved Measure A,which authorized a
one-half cent increase in sales tax over a twenty-year period to be used for transportation
purposes. The fiord of money will pay for 25%of regional transportation improvements. The
TUMF program was developed by CVAG to create an additional 25%for improvements to the
transportation system. The remaining 50%must be funded by local jurisdictions using federal,
state or local funds.
CVAG describes TUMF as"a development impact assessment which will provide
funding for transportation improvements throughout the Coachella Valley dictated by the
demands of new development" In other words,a tax on new development.
The tax assessment is based upon the number of vehicle trips the new development is
expected to generate. The fee is calculated based on a table established by CVAG. The fee is
collected by the local jurisdiction and transferred to CVAG for allocation to the Regional Arterial
Program.
isn uo DI-WO 2
TUMF Fees Cannot Be Collected from Indian Developers on Indian Land
The federal purposes implicit in setting aside Indian lands for the residence of the tribe—
self government and economic support--preempt state and local jurisdiction to tax Indians. The
reasoning applies to all forms of taxation and exaction. Mescalero Apache Tribe v.Jones,411
U.S. 145, 148 (1973). As a matter of federal law,state or local government cannot impose a tax
on Indian economic activity or Indian trust land located within a reservation. This is generally
recognized as the per se rule against Indian taxation. McClanahan v Arizona Tax Commission,
411 U.S. 164(1973).
Federal preemption arises from extensive federal Indian land legislation, such as the
restrictions on alienation cited above. The protection of Indian trust land through federal
legislation has been one of the principal means by which the federal government has sought to
secure the economic well being and tribal autonomy of native Americans. "If tribal lands were
not subject to restraints on alienation and tax immunities,market forces and state tax assessors
would eventually erode Indian ownership of the reservation." Boisclair v. Superior Court (1990)
51 Cal.3d 1140.
Moreover,the fact that California is a Public Law 280 state does not change the
presumption against taxation of Indian land. Bryan v. Itasca County, 426 U.S. 373 (1976)
[holding that Public Law 280 did not authorize the taxation of Indians].
The TUMF fee is based on a local sales tax provision approved by Measure A.
Therefore,such a fee is unlawful under federal law. To the extent the fee is a disguised sales tax
on the patrons of the store,it is an impermissible sales tax. If the TUMF fee is characterized as a
fee to local government for transportation infrastructure improvement,it is an impermissible
encumbrance on the economic activity of a Tribal Member on Tribal lands. In any regard,the
TUMF fee,as applied to economic activity on Indian land,is a per se violation of federal law.
The City cannot withhold a building permit based on a failure to pay an illegal tax.
The Collection of TUMF Fees Violates the Citv's Agreement with the Tribe
The City and the Tribe,in an agreement with the Tribe over the application of zoning and
land use regulations,entered into an agreement that allowed the City to"collect all fees
heretofore collected or as may be amended and reasonably related to the cost of..."zoning and
land use ordinances. This agreement was entered into before the passage of Measure A.
The TUMF fees are not part of the agreement between the City and the Tribe,which sets
forth the exclusive mechanism for the City to charge fees to Tribal members with respect to
zoning issues on Tribal land. Therefore,the City cannot impose payment of such fees as a
condition to issuing permits for current development of Tribal land.
pf4pooeeodoi wpd 3
Geopetro Is Providing Transportation Infrastructure
The stated reason for the imposition of the TUMF fee is to pay for improvements to
transportation infrastructure. Geopetro(and its related entities)is paying for all the
transportation infrastructure improvements required by this development on Indian land.
Geopetro will incur the following costs to improve the public right-of-way on Ramon
Road near Airport Plaza:
Activity Cost
Paving Removal 24,010.00
Reinstall Paving 57,967.00
Traffic Signal 160,078.00
Traffic Striping 19,000.00
Curbs and Gutters 13,320.00
Adjust Manholes 1,375.00
A/C Overlay 5,120.00
X Gutter 3,750.00
Bike Path 19,950.00
Bus Turnout 10,800.00
Handicapped Ramps 1,750.00
Sidewalk 12,000.00
Overhead 49,038.00
Landscaping Right-of-Way 65,000.00
Total Trawwortatiop 4$ 40,958.00
Infrastructure Improvements
In addition,Geopetro also intends to widen Ramon Road,which will require it to permit a
right-of-way to the City for additional property.
There is no basis to impose a TUMF Fee in addition to these improvements.
jSP4NPeh0A 1.wyd 4
Conclusion
There exists no legal basis for the imposition of TUMF fees on Tribal land. As this is the
only stated reason for failing to issue a permit to Geopetro LLC,a permit should be issued
forthwith.
P%aovaro dDi.wpd 5
O� PALM S
City of Palm Springs
`aq + Department of Planning&Budding
�aaOaAlto Building Division
C'9C I FO AN\P 3200 T,lquint Govan Way•Palm SPnngs.Califon a 92262
TEL•(760)323-9242•M(76%3228360•TDD(760)864-9527
October 25, 1999
Geopetro LLC
P.O.Box 1318
Palm Desert, CA 92260
Please let this save as final written clarification that we are unable to issue a building permit for
3600 Ramon Road East. The permit will not be issued until all fees are paid including the
Transportation Uniform Mitigation Fee(T.U.M.F.)-
The City of Palm Springs does not have a process for appealing this fee. The fee must be paid
and then appealed through Coachella Valley Association of Governments(C.V.A.G.) I am
attaching a copy of the appeal process for your review.
If you have any questions please let me know.
Sincerely, ,D
Angela A LaTrance
Permit Center Technician
ExHIF, A
Post Office Box 2743 0 Palm Springs, California 92263-2743
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San Bernardino CA 92402
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CARSON CITY N'189701-3116
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M9?:wiYA1:.
RESOLUTION NO. 19702
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE NO. 5.0813, A
CONDITIONAL USE PERMIT APPLICATION BY PALM
SPRINGS WINDSURFING, LLC TO CONSTRUCT FACILITIES
FOR THE"PONDS"WINDSURFING FACILITY ON 87.1 ACRES
AT THE EXISTING PERCOLATION PONDS. LOCATED NORTH
OF THE SOUTHERN BORDER OF SECTION 19, OPPOSITE OF
OVERTURE ROAD,ON THE EAST SIDE OF HIGHWAY I I I AT
THE COACHELLA VALLEY WATER DISTRICT (CVWD)
SPREADING PONDS,NOS.4,5,AND 6. W ZONE,SECTION 19,
AND MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS,Palm Springs Windsurfing,LLC,(the"Applicant"),has filed an application withthe City
pursuant to Section 9402.00(Conditional Use Permit)ofthe Zoning Ordinance as represented in Case
No.5.0813,(the project),on a 87.1 acre parcel at the existing Percolation Ponds,W Zone,Section 19;
and
WHEREAS,notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider Applicant's application for a Conditional Use Permit (CUP) as represented in Case No.
5.0813 were given in accordance with applicable law;and
WHEREAS,on November 24, 1999,a public hearing on the application for the project, was held by
the Planning Commission in accordance with applicable law;and
WHEREAS, the proposed CUP, is considered a "project" pursuant to the terns of the California
Environmental Quality Act("CEQA"),and a Mitigated Negative Declaration has been prepared for
this project and has been distributed for public review and comment in accordance with CEQA;and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Project,including but not limited to the staff report,
all environmental data including the initial study,the proposed MitigatedNegative Declaration and all
written and oral testimony presented
WHEREAS, the Planning Commission has considered the applicant's request for the project at its
duly noticed meeting held on November 24, 1999 and voted 5-0-1-1 to approve the project subject to
the conditions of approval and consistent with the requirements ofthe ordinances ofthe City and State
law;and
WHEREAS,on December 15, 1999 a public hearing on the project,was held by the City Council in
accordance with applicable law,and
WHEREAS,the City Council has independently reviewed all evidence provided including the staff
report dated December 15, 1999 and all other written and oral testimony and finds the project,subject
to the conditions of approval consistent with the requirements of the ordinances of City and State law;
and
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA,the City Council finds as follows:
The final Mitigated Negative Declaration has been completed in compliance with CEQA,the
State CEQA Guidelines, and the City's CEQA procedures contained in the CA.Vs CEQA
Guidelines. Potential environmental impacts from the project include water hazard proximity
and water quality issues,short term air quality during construction,traffic,biological resource
impacts, and waste service impacts. The City Council has independently reviewed and
considered the information contained in the Mitigated Negative Declaration and finds that it
adequately discusses the potentially significant environmental effects of the proposed Project,
3 -L
Reso 19702 3�/' ��
Page 2 (,�
and that, on the basis of the initial study and comments received during the public review
process, there is no substantial evidence that there will be any significant adverse
environmental effects as aresult of the approval ofthis Project. The City Council finther finds
that the Mitigated Negative Declaration is appropriate and reflects its independent judgment.
Section 2
The City Council finds that with the incorporation of those conditions attached in Exhibit A
a. The use applied for at the location set forth in the application is properly one for which
a CUP is authorized by the Zoning Ordinance.
In that the Zoning Ordinance specifically provides for the recreational use through a
Type II CUP(City Council approval required),on land designated Conservation(C)
by the General Plan and zoned W(Watercourse)by the Zoning Ordinance the CUP
was legally created per these standards. The project as represented in Case No.5.0813
is an appropriate application of a CUP,as authorized by the Zoning Ordinance.
b. The use is necessary and desirable for the development of the Community, is in
harmony with the various elements and objectives of the General Plan and is not
detrimental to existing uses or to future uses specifically permitted in the zone.
The General Plan provides for the proposed recreational use and the project will not be
detrimental to the community or future uses specifically permitted in the zone. The
project design parameters and recommended conditions provide for use compatibility
in the zone and protection of the environment.
C. The site for the intended use is adequate in size and shape to accommodate said use
including yards,setbacks,walls or fences,landscaping and other features required in
order to adjust said use to those existing or permitted future uses of land in the
neighborhood The 87.1 acre site is appropriate for the scale of the windsurfing park
and the neighboring property uses.
The developed footprint of the project,not including the Percolation Ponds, is three
point two(3.2)acres. This area is proposed to be developed with a 5,000 square foot
"activities center",a 1,000 square foot maintenance carter,entry booth,a 250 square
foot administrative office and portable restrooms. The site will be landscaped with
native species.
The project is approved to be developed in phases with Phase I occurring within a
three (3) year period including approximately 1750 square feet of buildings,
landscaping,eighty-six(86)parking spaces,fencing,alaumchramp and all intersection
improvements. Phase II will include construction of a facilities center(approximately
5,000 square feet), approximately forty-nine (49) parking spaces, a second launch
ramp and other minor improvements. Phasing details will be reviewed by the
Development Committee. The building design will adhere to the design statement.
d The site for the proposed use relates to sweets and highways properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
A quantified traffic analysis has been performed as part of the Environmental
Assessment An intersection designed to the standards of Cal Trans will provide an
appropriate access to the site.
e. The conditions imposed are deemed necessary to protect the public health,safety and
general welfare, including any minor modifications of the zone's property
development standards.
The conditions address environmental concerns including traffic,planning standards
and construction standards,thereby creating improvements that are beneficial to the
public health,safety and general welfare.
Reso 19702
Page 3
£ A nexus and rough proportionality have been established for requirement of dedication
of the additional intersection and traffic improvements.
The proposed improvements, which include the addition of an intersection on
Highway 111 designed to the standards of the City of Palm Springs and Cal Trans
with acceleration and deceleration lanes and a left hand turn lane on the southbound
side of Highway 111 are aroughly proportional public improvement in nexus with the
project. Therefore,the public benefit is appropriate in relationship to the scope of the
Project
NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby
approves Case No. 5.0813,subject to those conditions set forth in the in Exhibit A which are to be
satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified.
ADOPTED this 15dayof December;1-2999.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS,CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM: ✓
CUP5.0813P=&.RE9CC.wpd
3 "C
Rego 19702
Page 4
RESOLUTION NO. 19702
v.ppROVED BY THE CITY COUNaL
EXHIBIT A 11Y!3F5. 140- I /a..���i
Case No. 5.0813 - CUP
Patin Springs Windsurfing Park, Percolation Ponds
December 15, 1999
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or
their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by
the City Attorney.
APPLICATION FOR ARCHITECTURAL APPROVAL OF A PRIVATE COMMERCIAL
RECREATIONAL WINDSURFINGFACHM LOCATED AT 4800HWY. 111,(APN 669-030-
003, 004), SECTION 19, T 3 S, R 4 E, S.B.B.M., CASE NO. 5.0813, ENG. FILE NO. E-2444
1. The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance,Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
Ia. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.0813. The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Patin Springs and the
applicant will either undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding
or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible
to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgement or failure to
appeal, shall not cause a waiver of the indemnification rights herein.
2. The mitigation measures of the environmental assessment shall apply. The applicant shall
submit a signed agreement that the mitigation measures outlined as part of the negative
declaration or EIR will be included in the plans prior to Planning Commission consideration
of the environmental assessment. Additionally, all conditions in the letter from the United
States Fish and Wildlife Service dated 1/6/99 shall be implemented consistent with the
mitigation measures of the Environmental Assessment.
3. Architectural approval shall be valid for a period of two(2)years. Extensions of time may
be granted by the Planning Commission upon demonstration of good cause.
Reso 19702
Page 5 APPROVED BY THE COYCCUNOt 0Y RES. NO. I q70 2. a40G
4. The appeal period for the CUP 5.0813 application is 15 calendar days from the date of
project approval. Permits will not be issued until the appeal period has concluded.
5. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning and Building prior to issuance of a building permit.
a. The applicant, City Staff and Seawest Windpower Inc. shall meet and
resolve fencing and potential trespassing and safety issues prior to the
issuance of a building permit.
b. The project is approved to be developed in phases with Phase I occurring
within a three (3) year period including approximately 1750 square feet of
buildings,landscaping,eighty-six(86)parking spaces,fencing,a launch ramp
and all intersection improvements. Phase II will include construction of a
facilities center(approximately 5,000 square feet), approximately forty-nine
(49) parking spaces, a second launch ramp and other minor improvements.
Phasing details will be reviewed by the Development Committee. Building
design shall adhere to the design statement.
6. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Building for review and approval prior to the issuance of a
building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
8. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
9. Separate architectural approval and permits shall be required for all signs. A detailed sign
program shall be submitted for review and approval by the Planning Commission prior to
issuance of building permits.
10. All materials on the flat portions of the roof shall be earth tone in color.
11. All roof mounted mechanical equipment shall be screened from.all possible vantage points
both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall
be considered as an element of the overall design and must blend with the architectural
design of the building(s). The exterior elevations and roof plans of the buildings shall
indicate any fixtures or equipment to be located on the roof of the building, the equipment
heights, and type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
12. No exterior downspouts shall be permitted on any facade on the proposed building(s)which
are visible from adjacent streets or residential and commercial areas.
13. The design,height, texture and color of building(s), fences and walls shall be submitted for
review and approval prior to issuance of building permits.
14. The street address numbering/lettering shall not exceed eight inches in height.
3 -C -S
Reso 19702
Page 6 APPROVED BY THE CITY COUNCIL G-10
BYRES. No. l9-10-)_ /X—(5,(I� 3
15. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall
be submitted for review and approval by the Director of Planning &Building prior to the
issuance of building permits. All security lights shall be fully shielded.
16. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
17. Ibis project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lice fee. In the
case of the m-lice fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the feeing being
1/2% for commercial projects or 1/4% for residential projects with first$100,000 of total
building permit valuation for individual single-family units exempt. Should the public art be
located on the project site, said location shall be reviewed and approved by the Director of
planning and Building and the Public Arts Commission, and the property owner shall enter
into a recorded agreement to maintain the art work and protect the public rights of access
and viewing.
18. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
19. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
20. Prior to the issuance of building permits,locations of all telephone and electrical boxes must
be indicated on the building plans and must be completely screened and located in the
interior of the building. Electrical transformers must be located toward the interior of the
project maintaining a sufficient distance from the frontage(s) of the project. Said
transformers)must be adequately and decoratively screened.
21. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning
Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance
of building permits.
22. Parking stalls shall be delineated with a 4 to 6 inch double stripe-hairpin or elongated "U"
design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
23. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be
15 feet deep by 8 feet wide. handicap parking spaces shall be 18 feet deep by 9 feet wide
plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can
share a common walkway. One in every eight(8) handicap accessible spaces, but not less
than one(1), shall be served by an 8 foot walkway on the right side and shall be designated
as "van accessible".
24. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path of
travel to the main entrance. Consideration shall be given to potential difficulties with the
handicapped accessibility to the building due to the future grading plans for the property.
25. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10.
26. Curbs shall be installed at a minimum of five(5)feet fiom face of walls, fences, buildings,
or other structures. Areas that are not part of the maneuvering area shall have curbs placed
Reso 19702
Page 7
at a minimum of two (2) feet from the face of walls, fences or buildings adjoining
driveways.
27. The hours of operation shall be from sunrise to sunset, seven days a week. During full moon
periods, night surfing shall be allowed.
POLICE DEPARTMENT:
28. Developer shall comply with Section ll of Chapter 8.04 of the Patin Springs Municipal
Code.
WASTE DISPOSAL SERVICES:
29. The location of the trash enclosure is acceptable subject to approved construction details
approved by the Director of Building and Safety consistent with approved City details.
BUILDING DEPARTMENT:
30. Prior to any construction on-site, all appropriate permits must be secured.
FIRE:
31. Construction shall be in accordance with the 1994 Uniform Fire Code with 1995 California
amendments, 1994 Uniform Building Code with 1995 California amendments, NFPA 72,
92 and UL-300.
32. Exterior doors and openings required by the 1994 Uniform Fire Code,Article 9, Sec. 902.3
or the Uniform Building Code shall be maintained readily accessible for emergency access
by the fire department.
33. Fire department access roads shall be provided in accordance with 1994 Uniform Fire Code,
Article 9, Sec. 902.
34. Recommend construction site fencing with access gates at least 14' in width equipped with
a KNOX lock. Contact this office as soon as possible for KNOX application form.
35. Provide a garden hose or hoses on construction site equipped with an adjustable spray
nozzle capable of reaching all combustible construction.
36. Premises identification shall be in accordance with 1994 UFC, Article 9, Sec. 901 &902
and 1994 Uniform Building Code, Chapter 5. Contact building official.
37. Water supplies and fire hydrants shall be in accordance with 1994 Uniform Fire Code,
Article 9, Sec. 901 and 903, and Desert Water Agency or Mission Water District
specifications.
38. For Commercial Cooking Operations a vend[ating Hood&Duct system shall be installed in
accordance with 1994 Uniform Fire Code, Article 10, NFPA 96 and UL-300.
39. Fire Alarm System required. Installation and maintenance of a fire alarm system shall be in
accordance with 1994 Uniform Fire Code, Article 10, Sec. 1007 and NFPA Pamphlet 72.
3 -c-7
Reso 19702
Page 8 ..�,
40. Exits and emergency escapes shall be in accordance with 1994 Uniform Building Code,
Chapter 10. Contact building official.
41. Portable fire extinguishers shall be installed in accordance with 1994 Uniform Fire Code,
Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75' of floor or grade
travel distance.
42. The installation of an automatic fire sprinkler system is required. Design and installation
shall only be done by a licensed C-16 contractor in accordance with Article 10, Section
1003. System to be installed per NFPA Pamphlet 13. Contractor to submit plans directly
to this office for review as soon as possible. Submittal to include mara facxurers data and
listings with expiration dates including hydraulic calculations. Spriukler heads shall be UL
listed and CSFM approved.
ENGINEERING:
The Engineering Division recommends that if this application is approved, such approval is subject
to the following conditions being completed in compliance with City standards and ordinances:
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STMTS
43. The Engineering Division recommends deferral of off-site improvement rrEMS 8 thin 12
at this time due to lack of full improvements in the immediate area. The developer shall
enter into a covenant agreeing to comUnct all mentioned improvements along the entire
frontage upon the request of the City of Palm Springs Director, Department of
Transportation at such time as deemed necessary. The covenant shall be submitted with the
Grading Plan. The Grading Permit will not be issues until completion of the covenant.
44. Developer shall obtain State permits and approval of plans for all work done on State
Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer
prior to the issuance of any grading or building permits. Work shall be coordinated with the
Engineering Division pertaining to City of Palm Springs Resolution 17950 - Restricting
Street Work on Major and Secondary Thoroughfares.
HIGHWAY 111
45. The developer shall submit a traffic study with mitigation measures to the City Engineer at
the same time as it is submitted to Caltrans and prior to completion of the engineering
conditions of approval for the proposed project.
46. The property owner shall enter into an access easement agreement with the owner(s),master
lease and/or all subleases of AP# 669-160-016 and provide a copy of same to the City
Engineer prior to issuance of the Wildmg permit.
47. The access road shall be 64 feet wide from the existing edge of pavement to 30 feet
southwest of the proposed gates at which point it shall taper down to 28 fat wide at the
gates. The access road shall align with Overture Drive on the southwest side of Highway
111.
48. A deceleration and acceleration lane shall be constructed on either side of the proposed
access in accordance with current Caltrans Highway Design Standards.
Reso 19702
Page 9
49. Constrict driveway pavement within the public right-of-way with a minimum pavement
section of 3 inch asphalt concrete pavement over 6 inch miscellaneous aggregate base with
a minimum subgrade of 24 inches at 95 % relative compaction, OR equal. The pavement
section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to
the City Engineer for approval.
50. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s)shall be approved by the City Engineer prior to issuance
of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses,covenants,reimbursement agreements,etc.required by
these conditions.
51. Construct an 8 inch curb and gutter, a minimum of 38 feet NORTHEASTERLY of
centerline along the entire frontage of the subject property per City of Patin Springs
Standard Drawing No. 200.
52.. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Patin Springs Standard Drawing No. 210.
53. Construct a curb ramp meeting current California State Accessibility standards at the both
sides of the projects access per City of Palm Springs Std. Dwg. Nos. 212 and 212A.
54. Construct asphalt concrete pavement with a minimum pavement section of 5 inch asphalt
concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at
95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of
existing pavement along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R"
values, by a licensed Soils Engineer and submitted to the City Engineer for approval.
SANITARY SEWER
55. Construct private sanitary sewer system in accordance with City of Palm Springs Ordinance
No. 1084.
GRADING
56. A copy of a Title Report preparedhVdated within the past 3 months and copies of record
documents shall be submitted to the City Engineer with the frost submittal of the Grading
Plan.
57. Submit a Grading Plan prepared by a Registered Professional to the Engineering Division
for plan check. Grading plan shall be submitted to the Planning Department for comments
prior to submittal to the Engineering Division. The Grading Plan shall be approved by the
City Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments.
3 'CW - �
Rego 19702 �1
Page 10
B. Copy of signed Conditions of Approval from planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
F. Copy of Hydrology Study/Report, IF required by these conditions.
G. Copy of the General Construction Activity Storm Water Permit from the
State Water Resources Control Board(Phone No. 916 657-0687)to the City
Engineer prior to issuance of the grading permit.
58. Developer shall obtain a General Construction Activity Storm Water,permit from the State
Water Resources Control Board(Phone No. (916)-657-0687) and provide a copy of same
when executed, to the City Engineer prior to issuance of the grading permit.
(This permit is required where construction activity results in land disturbance of 5 Ac. or
more OR less than 5 Ac., but part of a larger common plan of development or sale.)
59. In accordance with City of paten springs Municipal Code, Section 8.50.00, the developer
shall post with the City a cash bond of two thousand dollars ($2,000.00)per acre for
mitigation measures of erosion/blowsand relating to his property and development.
60. A soils report prepared by a licensed Soils Engineer shall be required for and incorporate
as an integral part of the grading plan for the proposed site. A copy of the soils report shall
be submitted to the Building Department and to the Engineering Division along with plans,
calculations and other information subject to approval by the City Engineer prior to the
issuance of the grading permit.
61. Contact the Building Department to get pM10 requirements prior to request for grading
lei•
DRAINAGE
62. The developer shall accept all flows impinging upon his land and conduct these flows to an
approved drainage structure. On-site retention/detention or other measures approved by the
City Engineer shall be required if off-site facilities are determined to be unable to handle the
increased flows generated by the development of the site. Provide calculations to determine
if the developed Q exceeds the capacity of the approved drainage carriers.
63. This property is in Federal Insurance Rate Map(FIRM)zone A and shall conform
to all of the FEMA and City of Paten Springs Flood Hazard Ordinance requirements for this
zone. The developer shall calculate the Base Flood Elevation to determine the building pad
elevations and provide this information to the City Engineer prior to the grading plan check
process.
64. Developer shall provide the Building Department with the elevation of the lowest
floor (including basement). The elevation certification shall be done, on a form
acceptable to FEMA, by a registered professional civil engineer or surveyor.
ON-SITE
Reso 19702
Page 11
65. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch
asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal. The pavement section shall be designed,
using "R" values, determined by a licensed Soils Engineer and submitted with the Fine
Grading Plan to the City Engineer for approval.
66. The on-site parking lot shall be constructed in accordance with City of Palm
Springs Zoning Ordinance, Section 9306.00.
GENERAL
67. All proposed utility lines on/or adjacent to this project shall be undergromxW prior to
issuance of a Certificate of Occupancy.
68. All existing utilities shall be shown on the grading/street plans. The existing and proposed
service laterals shall be shown from the main line to the property line. The approved
original grading/street plans shall be as-built and returned to the City of Patin Springs
Engineering Division prior to issuance of the certificate of occupancy.
69. The developer is advised to contact all utility purveyors for detailed requirements for this
project at the earliest possible date.
TRAFFIC
70. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be
installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following
locations:
Highway 111@ Entrance
71. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, 'MANUAL OF TRAFFIC CONTROLS FOR
CONSTRUCTION AND MAINTENANCE WORK ZONES"dated 1996,or subsequent
additions in force at the time of construction.
72. This property is subject to the Transportation Uniform Mitigation Fee based on the
RECREATIONAL OUTDOOR FACILITY ITE Code D land use.
3 -G -l/
NOTICE OF CITY COUNCIL HEARING
Case No. 5.0813
The"Ponds"Windsurfing Park at Highway 111 and Overture Drive
NOTICE IS HEREBY GIVENthatthe City Council ofthe City ofPabn Springs,California,willholda
public hearingatits meeting ofDecember15,1999.The CityCouncilmeetingbeginsat7:00p iinthe
Council Chambers at City Hall,3200 E.Tahquitz Canyon Way,Pahn Springs.
The purpose of the hearing is to consider an application by Palm Springs Windsurfing proposing to
construct a windsurfing park on5.1 acres ofland,located north ofthesoutheraborderofSection 19,T.
3S,R.4E SBBM(ofacilitate windsurfing onCoachella Valley WaterDistrict(CVWD)spreading ponds
Nos.Four(4),Five(5)and Six(6). The total acreage ofPercolation Ponds Nos.Four(4),Five(5)and
Six(6)is eighty-two(82)acres.The proposed park would be accessible from Highway I I I by crossing
a fifty(50)footby sixty(60)foot strip ofSection 30,T.3 S, R.4E,SBBM. The proposed windsurfing
park would include:an"activities center"containing food concessions,prohwtal shop,equipment storage
and employee lounge;a maintenance center;a guardhouse;portable restrooms and an administrative
office. The proposed project footprint totals 3.2 acres on a 5.1 acre lease area.The project is zoned W
(Watercourse), Section 19,T. 3S,R.4E SBBM.
An EnvironmentalAssessrnenVhI dalStudywillbereviewedbytheCityCouncilatthemeeting.Potential
significantimpacts fromtheprojectinclude land use geology,water,airquality,transportation,biology,
hazards,public services,utilities,aesthetics,archeology and recreation. A draft Mitigated Negative
Declaration ofEnvironmental Impact has been prepared for the subject proposal and members ofthe
public may view this document in the Department of Planning&Building,City Hall,and submit written
comments to the City Council at or prior to the public hearing.
If any individual or group challenges the action in court,issues raised may be limited to only those issues
raised at the public hearing described i a this notice or in written correspondence at or prior to the City
Council hearing. An opportunity will be given at said hearing for all interested persons to be heard
Questions regarding this case maybe directed to David Dawson,Department of Planning&Building,
760/323-8245.
Publish:November 12, 1999
Patricia Sanders
City Clerk
PondsCQPS.O9l3NOTCC
VICINITY MAP
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CITY OF PALM SPRINGS
CASE NO. DESCRIPTION MOP05AL TO GON5T1.'UGT AWlNDSUiC'FING PARK
A P P L I C A N T PALM SPFIN65 WINDSUPPlN6 ADJAGeNT TO AND UTILIZING The"PePCOI-N-ION PONDS." The
PROP05ED PPOJECT TOTALS 32 AG C-E ON A�.1 AGRE LEASe.
AGGe55 WILL Of FROM 116HWAY 111 OPP05lTE OF OVEprurE DIZA/e.
W ZONE, 5EGT10N l9.
PROOF OF PUBLICATION This is span Pot County perky Filling Sump
(2015.5.C.C.P)
PAQf
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STATE OF CALIFORNIA
County or Riverside
Nd.917o
IMM
NUninOOF MY 1�5/OUNNCCE HEAmNG
The iPCape No.5 a
ands'WYdarr6rg Pere at
1 eiW Orsrtrre Drive
I am a cidm of the United States and a resident of NOTICE NEa 11 GIVEN that the City council of
the County aforesaid;t am over the age of eighteen the Clly of Palm Its&'dm lDe�mti:lt nOlo;W
years,and not a party to or interested in the »I City Council meenn ere at 7:00 pm. In
cayeycil Chambers af.CQdWy Nat, 3200 E. Tah-
above-eadded matter.I am the principal clerk of a phttz Carryon wey. Palm SPthgs.
printer of the,DESERT SUN PUBLISHING The paposa of 1M b to consider an attic
cation Palm Spings wYMsurlinn proposing to
COMPANY a newspaper of general circulation, a wManaangaadk on 5.1 ahoee of Nand,
printed and ublished in the cl of Palm S rin located north or the soul hem border of Seaton 19,
Conn of p p �' TM,4E 1SBBM to facilitate windsurnng on Coa-
ly Riverside,and which newspaper has been chase Valley Water District�,(�CdV�VV dt
acreage of
adjudged a newspaper of general drcalatbn by the pondq s Peie J26FFJP 'Nde a�(q�j$
Superior Court of the County of Riverside,State of (s) and Six u sighry two acres. 11is pa
California under the date of March 24,I"L Case ng"aany root p Qm�`y"�I11
Nstrip
umber 19t236;that the nofkq of whkA the ! cal asctrcrh 30r T be
�d.a� 8�y proposed
annexed k a prigoed copy(sd in not smaller 'ndB11f park
than non parcel,Gas hem pnblisbed in each regular st«aaeOand em= �`oh+w�a�s
and egUrc issue of said newspaper sad not la any end an tersenceacimYtstraVve*face.Tuardhouswhe proposed project
sappleme0l thereof o0 the following dates,to wk: footprint u 32 s�as 55.1 sorsslesse arction ia'
November 12th T.3S, R4E 388M
woarr +w'
c i
All in the year 1999 I
1 certify(or declare)under penalty of perjury that the !
foregoing is true and correct.
Dated at Palm SZt6
November CaliforniaCali<ornla�r day /
or 19" I err fa f\
-- �`•��_____��Ls-� � •.�� ary OF r,uu sPtsvts
a'by�pnf.raY.wifq. �=
Signature An Emrkonmen[d Assam NNdd Ste^Wy w6 be
reviewed� bbyy ma City Council at the meearg Po-
tental signmeart impacts from the prapot include
kind hue geobavr ,,water.air quality.transpcilabon.
de public-services, Whose aaelMt-
hos, arched and recreation.A draft Min
been Negative t r Ms subiect proposa of Emionmenlal l mem
here or' the public msehya vghgw tNisrh�tbauhnehd ten 1M
= n wrnthm wmmen'ls t Ott,city Coun�cri' IV
vlor to the public hearing.
Cihearing.kaWuol or group chanahgn the actor in
court, lea nusecI may be b=W to on thaw
I= raised at the pudic hearing in this
nodoe or m written aoneepprid a at or pbr to
tggWise nC Council'hearing. An opportunity will be
• be ted persons to
heard. OOu"Iti regarsaid hearing fof�tlmgg tthis case may be
directed
ilot
ng. 3233_82�45.' of Planning
' Patrice
PUB: November 12, 1999 ww7ity Clerk
AFFIDAVIT
OF
MAH ING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do
hereby certify that a copy of the Notice of Public Hearing before the City
Council of the City of Palm Springs, in conjunction with Case No. 5.0813,
The "Ponds" Windsurfing Park, was mailed to each and every person set
forth on the attached list on the 8th day of November, 1999. A copy of said
Notice is attached hereto. Said mailing was completed by placing a copy of
said Notice in a sealed envelope, with postage prepaid, and depositing same
in the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 8th day of November, 1999.
PATRICIA SANDERS
City Clerk
NOTICE OF CITY COUNCIL HEARING
Case No. 5.0813
The"Ponds"Windsurfing Park at Highway I I I and Overture Drive
NOTICE IS HEREBY GIVEN that the City Council ofthe City ofPahn Springs,California,will hold a
Public hearing at its meeting ofDecember 15,1999.The City Councilmeetingbegins at7:00p m.in the
Council Chambers at City Hall,3200 E.Tahquitz Canyon Way,Palm Springs.
The purpose ofthe hearing is to consider an application by Palm Springs Windsurfing proposing to
construct a windsurfing park on5.1 acres ofland,located north ofthe southern borderofSection 19,T.
3S,R.4E SBBM to facilitate windsurfing on Coachella Valley Water District(CV WD)spreading ponds
Nos.Four(4),Five(5)and Six(6). The total acreage ofPercolationPondsNos.Four(4),Five(5)and
Six(6)is eighty-two(82)acres.The proposed park would be accessible from Highway I I I by crossing
a fifty(50)footby sixty(60)foot strip ofSection30,T.3 S, R.4E,SBBM. Theproposedwindsurfing
parkwouldinclude:an"activities center"c ontainingfoodconcessions,pro/rental shop,equipment storage
and employee lounge;amaintenance center,a guardhouse;portable restrooms and an administrative
office. The proposedproject footprint totals 3.2 acres ona5.1 acre lease area.Theprojectis zoned W
(Watercourse), Section 19,T. 3S,R.4E SBBM.
An Environmental Assessment/Initial Study will be reviewed by the City Council at the meeting.Potential
significant impacts f omtheprojectincludelanduse geology,water,air quality,transportation,biology,
hazards,public services,utilities,aesthetics,archeology and recreation. A draft Mitigated Negative
Declaration of Environmental Impact has been prepared for the subject proposal and members ofthe
public may view this document m the Department ofPlamung&Building,City Hall,and submit written
comments to the City Council at or prior to the public hearing.
If any individual or group challenges the action in court,issues raised may be limited to only those issues
raised at the public hearing described in this notice or in written correspondence ator prior to the City
Council hearing. An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case maybe directed to David Dawson,Department of Plauning&Building,
760/323-8245.
Publish:November 12, 1999
Patricia Sanders
City Clerk
PondsCUP5.0813IOTCC
VICINITY I"AP
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CITY OF PALM SPRINGS
CASE NO.- 5.08/3 GUP DESCRIPTION PROP05AL TO GONSTRUGT AW/NDSURFING PARK
APPLICANT pNn 5PR/N65 W/NDSURPING �JAGENT TO AND UTILIZING TI7E"PERCOLATION PONDS." THE
PR0P05ED PROJEGT 7-07-AL5 32 AGRES ON A 5.1 ACRE LEASE.
AGGE55 WILL OE PROM 11160YAY 111 OPP05/7-E OF OVERTURE DRIVE.
W ZONE, 5EGTlON 19.
i
669-030-002 {E(¢1'�0-oil u(c4-a30-0c2.
bb9-030-003,0oq I q-.Wo-,.3 669-030-004
SILVER STATE FUNDING IT CVCWD &ipl-$10..opay CVCWDD
1000 E WILLIAM ST 100 PO BOX 1058 PO aOT 1058
CARSON CITY N489701-3116 COACHELLA CA 92236-1058 COACHELLA CA 92236-1058
669-040-009 669-040-010 669-040-Oil
SAN,GORGONIO WESTWINDS SEAWEST POWER SYSTEMS I ' CVCWD
1455 FRAZEE RD 300 2240 SHELTER ISLAND DR PO 1058
SAN DIEGO CA 92108-4304 SAN DIEGO CA 92106-3148 C ACHELLA CA 92236-1058
669-080-002 669-160-014J015 669-160-015
ALTECH ENERGY LTD II USA 669 USA 66�INERIOR
1455 FRAZEE RD 300 US DEPT OF INTERIOR US DEP
SAN DIEGO CA 92108-4304 WASHINGTON DL21401 W 401
669-160-021j022. 669-160-022 669-192-001
SANTIAGO SUN CANYON EST SANTIAGO i ON EST OVIATT,JOEL P & VIRGINI
PO BOX 11927 PO BO 927 4812 HERMANSON CIR
SANTA ANA CA 92711-1927 S ANA CA 92711-1927 HUNTINGTON BE&e2649-4314
669-193-001 669-196-001 669-196-002
ZAPPA,KARL J & GERALDIN DEBOER,BARBARA A HALL,DOUGLAS A
64888 BURKE CT 60431 PALM OASIS AVE 2800 GOLF CLUB DR 8G
DESERT HOT SPCO92240-1453 PALM SPRINGSOA92262-1050 PALM SPRINGSCA92264-6519
669-197-001 669-197-002 669-197-003
KWITOWSKI,CLIFFORD B BRADFORD,RETHA MCGUIRE,ROBERT E & MARI
3206 S HOPKINS AVE 25 164 HOLLYGLEN IN 22354 FAWNRIDGE DR
TITUSVILLE FL 32780-5667 SAN DIMAS CA 91773-1104 PALM SPRINGSCA 92262-1010
669-197-004 669-197-005 669-197-006
COLER,ALEXANDER & CHRIS COLER,ALE CHRIS HARRIGAN, S E
457 W HERMOSA PL 457 W OSA PL 60461 PALM OASIS AVE
PALM SPRINGS(A92262-4346 PALM PRINGS 92262-4346 PALM SPRINGSO492262-1158
(*q-19S—o01
669-197-007 669-197-008 669-197-009
JOYA,MARIA SCHUR KON CO INC HARRIS, STEVEN
22307 PARKMEAD DR 20550 CHATSWORTH ST 59511 US HIGHWAY ill
PALM SPRINGSGA92262-1052 CHATSWORTH CA 91311-1629 PALM SPRINGSaf 92262-1169
(o - -4-012 (r(p9 ao6-coo
669-197-010 669-198-001 6 9-198-002
HARRIS,ROBIN E SCHUR K O I7� NC ZIPPERSTEIN,RONALD
59511 US HIGHWAY ill 205ATSWORTH ST 4836 QUEEN FLORENCE IN
PALM SPRINGSCA92262-1169 CHATSWORTH CA 91311-1629 WOODLAND HILL 91364-4746
669-198-003 669-204-001 669-204-002
ROTENBERG,MARILYN B LAND PARCEL LIQUIDATORS LAMPELL,MARIE J
48625 SUNDROP CT 16260 VENTURA BLVD 15 750 ALTA VISTA WAY
PALM DESERT CA92260-6646 ENCINO CA 91436-2203 LAGUNA BEACH6A92651-4042
669-204-003 669-204-004 669-204-005
SEICK,JANET L & JANET W PORRAS,DANIEL & LORENA TROUT,REBA S
22500 FAWNRIDGE DR 22470 FAWNRIDGE DR 65 OVAL RD
PALM SPRINGS6A 92262-1012 PALM SPRINGSCA92262-1012 IRVINE CA 92604-2459
669-204-006 669-204-007 669-204-008
WHITE,RALPH B SHINAS,ATHANASIOS & DON VERGEL,MENDEZ
2628 CORRALITAS DR 2628 AMHERST ST 22360 FAWNRIDGE DR
LOS ANGELES CA90039-4005 LA VERNE CA 91750-3005 PALM SPRINGS&A92262-1010
669-204-009 669-204-010 669-204-011
CLINTON,E W & JEANETTE SEELEY, PATRICIA J LANG,CHRISTINA
284 ATHOL AVE 19591 PRICKLY_yEAR TRL 28807 ROSE ISLE CT
OAKLAND CA 94606-0221 DESERT HOT S 2241-7459 MENIFEE CA 92584-8945
669-204-012 669-204-013 669-204-014
ZIPPERSTEIN AID MONTGOMERY,JAMES W HELMAND,ROBERT B
4836 Q FLORENCE IN 616 SAINT JOSEPH AVE 170 S MAIN ST 1602
WOODLAND HILL 91364-4746 LONG BEACH CA 90814-1823 SALT LAKE CITO84101-3627
669-204-015 669-204-016 669-204-017
NUNN,ANNE HUGHES,EARL J BOEDEKER,HELENE K
1229 GIBSON IN 7618 RAMISH AVE PO BOX 312
SANTA MARIA Cp93454-6640 BELL GARDENS 90201-4832 PALM SPRINGS6p92263-0312
669-205-001 669-205-002 669-205-003
NEDZA,HAROLD V CENTINEO,PHILLIP S HAMMER,WAYNE J & PEGGY
6254 E SEA BREEZE DR 22580 PARKMEAD DR 22556 PARKMEAD DR
LONG BEACH CA 90803-2325 PALM SPRINGSGp 92262-1057 PALM SPRINGS4A92262-1057
669-205-004 669-205-005 669-205-006
ZIPPERSTE , ONALD PEKARI,CLEM ARDON,RENEE
4836 N FLORENCE IN 22504 PARKMEAD DR 16853 MAGNOLIA BLVD
WOO HILL 91364-4746 PALM SPRINGS6092262-1057 ENCINO CA 91436-1013
669-205-007 669-205-008,OO1 669-205-009
KOENIG,PAUL H MORRIS,GORDON D & MILDR MORRIS,GO & MILDR
221 fi SONORA RD 13300 LOS COCHES RD E 1 13300 COCHES RD E 1
PALM SPRINGS6A92264-8433 EL CAJON CA 92021-2016 EL ON CA 92021-2016
669-205-010 669-205-011 669-230-001
DOWNEY S & L (WHOLESALE MITCHELL,BYRON L & MARC RANSOM,FLETCHER C
3501 JAMBOREE RD 3220 S 900 E 29 86 N COUNTRY CLUB RD
NEWPORT BEACHOCB2660-2939 SALT LAKE CITU94106-2182 DECATUR IL 62521-4171
669-230-012 669-240-003 669-290-010
CVCWD CVCWD GARFIELD,JULIE
PO BOX 8 PO B 1058 1475 S CALLE MARCUS
COACH CA 92236-1058 COACHELLA CA 92236-1058 PALM SPRINGS eA92264-8509
669-310-001 669-310-004 669-330-015
CVWD CVCWD USA 669
PO BO 8 PO BO7 8 US DEPT OF INTERIOR
CO LLA CA 92236-1058 CO LLA CA 92236-1058 WASHINGTON Dc21401
669-340-001 BOAK SH'Itis G�i�t�sur�� �GLC
PALM,SPRINGS R Miles
69844 US HIGHWAY ill K �{�l`A ��' o �i87
M vv, a
RANCHO MIRAGEfsB2270-2849 $�iwJeg CA gZ%63
*** 64 Printed *** 1
Dept of Water Resources Water Resources Control Board Dept of Parks&Recreation
1416 Ninth Street 1416 Ninth St,Rm. 615 2 1416 Ninth Street
Sacramento CA 95814 Sacramento CA 95814 Sacramento CA 95814
Environmental Review Division Region &Env.Services Div. CALTRANS
U.S Fish & Wildlife Services CA Dept of Fish & Game PO Bar 231
2730 Loker Ave., West 350 Golden Shore Dr.,Ste 50 San Bernardino CA 92402
Carlsbad CA 92008 Long Beach CA 90802
BLM-U.S Dept of Interior Riverside County Health Dept Riverside County Health Dept
PO Box 2000 46-209 Oasis Street PO Box 7600
N. Palm Springs CA 92258 Indio CA 92201 Riverside CA 92513
Riverside Co. Transportation Dept Riverside Co.Sheriff Dept. Marlene Hagman
4080 Lemon Stree4 8'Floor Ann: Copt Bloomquest Riverside Co.ALUC
Riverside CA 91501 73520 Fred Waring Dr. PO Box 1180
Palm Desert CA 92260 Riverside CA 92502
Archaeological Research Dept Riverside County Fire Dept Regional Water Quality Control
Univ. of CA at Riverside 44400 Town Center Way Board
Riverside CA 92521 Palm Desert CA 92260 73-721 Highway 111
Palm Desert CA 92260
John J. Benoit, Cpt/Indio Area Coachella Valley Water Edison International
Highway Patrol Conservation District PO Box 410
79650 Varner Road PO Box 1058 Long Beach CA 90801
Indio CA 92203-9704 Coachella CA 92234
General Telephone Co. Desert Water Agency Tom Davis,Planning Director
295 No.Sunrise Way 1200 So. Gene Autry Troll Agua Callente Tribal Council
Palm Springs CA 92262 Palm Springs CA 92264 901 E. Tahquitz Canyon Way
Palm Springs CA 92262
Coachella Valley Water District $0ddes"Cawar-Hsaesa;.
Joe Cook,Stormwater Engineer SAW Anticof SaatDWL Pftaar
g swa �Beyc�yHake Sanicer
PO Box 1058 DrinMng Water Brand
Coachella CA 92136 1330 Front sbaer,JUL 2050
San MW CA 92101
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)
I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United
States and employed in the County of Riverside, over the age of eighteen years, and not a
party to the within action or proceeding; that my business address is 3200 E. Tahquitz
Canyon Drive, Palm Springs, California; that on the 22nd day of October, 1999, 1 served the
within (NOTICE OF PUBLIC HEARING) on PLANNING COMMISSION CASE NO.
5.0813,The"Ponds"Windsurfing Park at Highway 111 and Overture Drive, to consider
an application by Palm Springs Windsurfing proposing to construct a windsurf park on
5.1 acres of land, located north of the southern border of Section 19, T. 3S, R. 4E
SBBM, to facilitate windsuring on Coachella Valley Water District (CVWD) spreading
ponds Nos. Four (4), Five (5) and Six (6) on persons contained in Exhibit W attached
hereto In said action or proceeding by depositing a true copy thereof, enclosed in a sealed
envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail
chute,or other like facility, regularly maintained by the Government of the United States in the
City of Palm Springs, California, addressed to the list of persons or firms indicated on the
report received from the titre company dated March 2, 1999 and certified by the City's
Planning Technician, and attached hereto as Exhibit W.
Notices(5)(along with stamped envelopes)were mailed to the Bureau of Indian Affairs, Palm
Springs Field Office, PO Box 2245, Palm Springs CA 92263, which they will in turn send.
I hereby declare under penalty of pedury that the foregoing is true and correct.
its C. Graves
Dated at Palm Springs, Califomia,this 25th day of October, 1999.
a
CHICAGO TITLE
SW EAST HOSPITALITY LANE,SAN BERNARDINO,CA 92408 (909)e84-0448
Date: MARCH 2. 1999
Enclosed you will find the radius requested by you on
Assessor's Parcel No. SEE ATTACHED MAP
This radius has been prepared as a courtesy using the
most current assessor's tax rolls and equalized plat
maps available to us, as per the county requirements.
While the information herein provided is believed to
be correct, this company assumes no liability for any
loss occuring by the reason of reliance thereof.
By:lv"v 1-
Customer Service
669-204-003 669-204-004 669-204-005
SEICK,JANET L & JANET W PORRAS,DANIEL & LORENA TROUT,REBA S
22500 FAWNRIDGE DR 22470 FAWNRIDGE DR 65 OVAL RD
PALM SPRINGS(A'92262-1012 PALM SPRINGS6A92262-1012 IRVINE CA 92604-2459
669-204-006 669-204-007 669-204-008
WHITE,RALPH B SHINAS,ATHANASIOS & DON VERGEL,MENDEZ
2628 CORRALITAS DR 2628 AMHERST ST 22360 FAWNRIDGE DR
LOS ANGELES C1490039-4005 LA VERNE CA 91750-3005 PALM SPRINGS CA92262-1010
669-204-009 669-204-010 669-204-011
CLINTON,E W & JEANETTE SEELEY, PATRICIA J LANG,CHRISTINA
284 ATHOL AVE 19591 PRICKLY PEAR TRL 28807 ROSE ISLE CT
OAKLAND CA 94606-0221 DESERT HOT SPg92241-7459 MENIFEE CA 92584-8945
669-204-012 669-204-013 669-204-014
ZIPPERST^ ONALD MONTGOMERY,JAMES W HELMAND,ROBERT B
4836 EN FLORENCE IN 616 SAINT JOSEPH AVE 170 S MAIN ST 1602
W LAND HILL 91364-4746 LONG BEACH CA 90814-1823 SALT LAKE CITUE4101-3627
669-204-015 669-204-016 669-204-017
NUNN,ANNE HUGHES,EARL J BOEDEKER,HELENE K
1229 GIBSON IN 7618 RAMISH AVE PO BOX 312
SANTA MARIA CA93454-6640 BELL GARDENS 90201-4832 PALM SPRINGS aq92263-0312
669-205-001 669-205-002 669-205-003
NEDZA,HAROLD V CENTINEO,PHILLIP S HAMMER,WAYNE J & PEGGY
6254 E SEA BREEZE DR 22580 PARKMEAD DR 22556 PARKMEAD DR
LONG BEACH CA 90803-2325 PALM SPRINGS 6A92262-1057 PALM SPRINGS4492262-1057
669-205-004 669-205-005 669-205-006
ZIPPERSTEIN NAI,D PEKARI, CLEM ARDON,RENEE
4836 QU FLORENCE IN 22504 PARKMEAD DR 16853 MAGNOLIA BLVD
WO0 D HILL 91364-4746 PALM SPRINGS6A92262-1057 ENCINO CA 91436-1013
669-205-007 669-205-008,OO9 669-205-009
KOENIG, PAUL H MORRIS,GORDON D & MILDR MORRIS,GORDON D MILDR
221 E SONORA RD 13300 LOS COCHES RD E 1 13300 LO S RD E 1
PALM SPRINGSIA 92264-8433 EL CAJON CA 92021-2016 El,,,C N CA 92021-2016
669-205-010 669-205-011 669-230-001
DOWNEY S & L (WHOLESALE MITCHELL,BYRON L & MARC RANSOM, FLETCHER C
3501 JAMBOREE RD 3220 S 900 E 29 86 N COUNTRY CLUB RD
NEWPORT BEACHA2660-2939 SALT LAKE CIT44106-2182 DECATUR IL 62521-4171
669-230-012 669-240-003 669-290-010
CVCWD CVCWD GARFIELD,JULIE
PO BOX 8 P0�O7 1058 1475 S CALLE MARCUS
COACH LA CA 92236-1058 COACHELLA CA 92236-1058 PALM SPRINGS O492264-8509
669-030-002 � rav9-a3o-o�2
69-030-30-003,00y (pbq-.W0_po3 669-030-004
SILVER STATE FUNDING LT CVCWD EN!-3/0•tt�,pr� CVCWD
1000 E WILLIAM ST 100 PO BOX 1058 PO X 1058
CARSON CITY W 89701-3116 COACHELLA CA 92236-1058 COACHELLA CA 92236-1058
669-040-009 669-040-010 669-040-011
SAN,GORGONIO WESTWINDS SEAWEST POWER SYSTEMS I CVCWD
1455 FRAZEE RD 300 2240 SHELTER ISLAND DR PO B07 1058
SAN DIEGO CA 92108-4304 SAN DIEGO CA 92106-3148 COACHELLA CA 92236-1058
669-080-002 669-160-014015 669-160-015
ALTECH ENERGY LTD II USA 669 USA 669
1455 FRAZEE RD 300 US DEPT OF INTERIOR US D OF INERIOR
SAN DIEGO CA 92108-4304 WASHINGTON DL21401 W INGTON D 21401
669-160-02110Z2 669-160-022 669-192-001
SANTIAGO SUN CANYON EST SANTIAGO S ON EST OVIATT, JOEL P & VIRGINI
PO BOX 11927 PO B 927 4812 HERMANSON CIR
SANTA ANA CA 92711-1927 SANTA ANA CA 92711-1927 HUNTINGTON BE 92649-4314
669-193-001 669-196-001 669-196-002
ZAPPA, KARL J & GERALDIN DEBOER,BARBARA A HALL,DOUGLAS A
64888 BURKE CT 60431 PALM OASIS AVE 2800 GOLF CLUB DR 8G
DESERT HOT S092240-1453 PALM SPRINGS6A92262-1050 PALM SPRINGSCA92264-6519
669-197-001 669-197-002 669-197-003
KWITOWSKI, CLIFFORD B BRADFORD,RETHA MCGUIRE,ROBERT E & MARI
3206 S HOPKINS AVE 25 164 HOLLYGLEN LN 22354 FAWNRIDGE DR
TITUSVILLE FL 32780-5667 SAN DIMAS CA 91773-1104 PALM SPRINGS0492262-1010
669-197-0041005 669-197-005 669-197-006
COLER,ALEXANDER & CHRIS COLER,ALEXAND HRIS HARRIGAN, S E
457 W HERMOSA PL 457 W HE SA PL 60461 PALM OASIS AVE
PALM SPRINGSCA92262-4346 PALM INGS 92262-4346 PALM SPRINGSCA92262-1158
9-I98-ovl
669-197-007 9-197-008 669-197-009
JOYA,MARIA SCHUR KON CO INC HARRIS, STEVEN
22307 PARKMEAD DR 20550 CHATSWORTH ST 59511 US HIGHWAY 111
PALM SPRINGSCA 92262-1052 CHATSWORTH CA 91311-1629 PALM SPRINGSL492262-1169
m�9-boy mm9 vs-ooy
669-197-010 669-198-001 669-198-08-002
HARRIS,ROBIN E SCHUR KON CO ZIPPERSTEIN,RONALD
59511 US HIGHWAY 111 20550 WORTH ST 4836 QUEEN FLORENCE LN
PALM SPRINGS6092262-1169 C O.T. CA 91311-1629 WOODLAND HILL 91364-4746
669-198-003 669-204-001 669-204-002
ROTENBERG,MARILYN B LAND PARCEL LIQUIDATORS LAMPELL,MARIE J
48625 SUNDROP CT 16260 VENTURA BLVD 15 750 ALTA VISTA WAY
PALM DESERT CA92260-6646 ENCINO CA 91436-2203 LAGUNA BEACHC*92651-4042
669-310-001 669-310-004 669-330-015
CVWD CVCWD USA 669
PO BOX PO BOX�CA92236-1058
US DEPT OF INTERIOR
COA LA CA 92236-1058 COA WASHINGTON M 21401
669-340-001
PALM,SPRINGS R
69844 US HIGHWAY 111 K
RANCHO MIRAGE,�92270-2849
*** 64 Printed ***
PROOF OF PUBLICATION This is space for County Clars Filing Skimp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
No.3011WIN OF LM SPRIM
-..
NC71pE OF PLANN NPO COMMIGSION HEAfma
Case No.6.0919
e'Pond Wanderra' M par Th s• k at:
H 111 and overturo Orive
I am a citizen of the United States and a resident of NOTICE IS HEREBY MEN that the Planning
ComhaWon of theqty of PNm Spiags,Calaa, .
the County aforesaid;)am over the age of eighteen wn taw n pubYc hashahg at its of Novem
years,and not a party to or interested in the bar za. 1 The Plan nwa�e
above-entitled matter.I am the principal clerk of a p.m.)in the Couiim l�rnbas city 1.3200 E.
printer of the,DESERT SUN PUBLISHING TT iedwitz Canyonths°y.d�hho ego�acenawx en apps
COMPANY anewspaper of general eireulation, wtlorh W��BePalm SpfrhenheB Vrkhds.Mehlp proposhh�to
printed and published in the P a windarM on.5. of
P P city of Palm S rings i waded rwnh of On on, red o, 19
County of Riverside,and which newspaper has been T.3S,q.4E S88M to too data as on n 19:
adjudged a n of general circulation b the chahfa Val W r Clatriot ( reMin
newspaper gars Y i paws Nos. Flw�)and so< 'Floe tcla�
Superior Court of the County of Riverside,State of worsens of Pands�N2ahe. re'a
California under the date of March 24,1988 Case �' �woould bete�hNOaooses�ran'°rH pifIi i
Number 191236;that the notice,of which the orng a fogy �P
annexed is a rioted m set in geotlah 30.T a
than non pa been
p type got s filar viwd tod�eMn •�
Kiel has bees published ig each ter =food oorhoaatons W sthap.
and endre issue of said g per and not In any nt ar �e a and e�Dyee, n saws w
supplement thereof on the following dates,to wit. and en adrr The is W;r;fb The p1°I•ct
footprintMt s onna& a Section9.
October 24th Tars. R.4E S86M.
vtiaa7 rw
AR in the year 1"9
• . u s
I certify(or declare)under penalty of perjury that the — --
foregoing is true and eorrecL
26th imsyrarr
Dated at Palm Springs,California t his- day met
October ^
CITY OF PAW SPRINGS
" v
Signature a_ opusWirac•
An Environbmyeatn�wtatl Asmsmerion el Ski wit•be
t atgrefhoant from a Prolea�inoMW
herd use ..wets.sk Quaft,sraairsportatlon.
b1dogservices. uslas
sic �erecr A drak M. itl ed
Negaave o.�y= of EnvMnniontol wlPeaihas
been pro far zap subject Proposal sW mem-
bars of- 1M publw amyayo view thin d cement in the
sionr�at cir v pnor to the p brurissuis li WeheaPria�s'g conari
1 goaesF, nt�dsdLml misedgroup uMbee him to aptleidoin y tlasem
r`��{I ixuas rWsad at the pubes Mz:deaorbW in this
mice«w wrinen at or prior to
the Planning Com nYedorh�An opporksib
,/ will be given at saw hearing for all Per-
MOO77� nohha to be head. DaNdeme�ereon. DePMmahtOeBeat
t1 d Punning S811
rtehg, 7=212343245.
110
I T: y e of Planning a NV
PUB: Carobs , 1999