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HomeMy WebLinkAbout19431 - RESOLUTIONS - 12/16/1998 RESOLUTION NO. 19431 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AS COMPLETE, ADOPTING THE ' STATEMENT OF FACTS & FINDINGS, ADOPTBVG THE STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING THE N[ITIGATION MONITORING PROGRAM (CASE NO. 5.0730) :FOR A GENERAL PLAN AMENDMENT, ZONING MAP AMENDMENT AND DEVELOPMENT PROPOSAL WHICH INCLUDES AN 18 HOLE GOLF COURSE, CLUBHOUSE COMPLEX WITH RESTAURANT/BAR/PRO- SHOP, GUESTHOUSE, MAINTENANCE BUILDING, AND 20 CONDOMINIUM UNITS, ON 359.08 ACRES OF LAND, ZONED R-1-A, R-1-13, W, 0-20, SECTIONS 9, 10, AND 15. ---------I--------------------- WHEREAS, The Mountain Falls Golf Preserve Company (the "Applicant") has filed an application with the City pursuant to Section 9402.00 for an 18 hole golf course, clubhouse complex with restaurant/bar/pro shop/guesthouse, maintenance building, 20 condominium units, located on 359.08 acres of land within Sections 9, 10, and 15. WHEREAS, the proposed General Plan Amendment, Zoning Map Amendment and development project are considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (Final EIR) has , been prepared for this Project, and the Draft EIR has been distributed for public preview and comment in accordance with CEQA. The Final EIR includes the Draft EIR, comments and responses to the Draft EIR, Technical Appendix (including Traffic Study, Biological Technical Report, Air Quality/Noise Reports, Geotechnical Report, Hydrology Report, Cultural Resources Report, Aesthetics Report, Phase I Environmental .Assessment (Hazardous Materials), Fertilizer & Pesticide Schedule) Planning Commission public hearing minutes, Notice of Preparation comments, local golf course trip generation study, U.S. Fish & Wildlife Service, Bighorn Institute and California Department of Fish & Game correspondence, Palm Springs Unified School District correspondence and other miscellaneous correspondence; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the applicant's applications for the project was given in accordance with applicable law; and WHEREAS, on May 13 and October 14, 1998, public hearings on the; Draft EIR and project, respectively, for the project were: held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on October 14, 1998, the; Planning Commission adopted Resolution No. 4610 recommending that the City Council certify the environmental impact report as complete, and adopt the mitigation monitorin€, program ' relating to Case 5.0730; and WHEREAS, on November 18, 1998, the City Council of the City of Palm Springs held a duly notice public hearing with respect to the project; and WHEREAS, the City Council 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 Final Environmental Impact Report, and all written and oral testimony presented. R19431 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: ' Pursuant to CEQA, the City Council finds that the Final EIR has been prepared and completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Final EIR has been completed in compliance with CEQA and the Final EIR was presented to the City Council and the Council reviewed and considered the information contained in the Final EIR prior to approving the project. The Final EIR adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the information contained in the Final EIR. Section 2: The City Council has reviewed and analyzed information contained in the Final EIR prior to taking action and certifies the Final EIR as complete. The Final EIR reflects the independent judgment of the City Council. The City Council further adopts the Statement of Facts and Findings and are attached as Exhibit A. The City Council finds that the mitigation measures identified in the Statement, and are attached as Exhibit B, are necessary to reduce or avoid significant impact and that certain impacts, as identified in the Statement, cumulative impacts to air quality, bighorn sheep and water ' consumption even with implementation of all recommended mitigation measures, will remain significant and further adopts the Statement of Overriding Considerations and are attached as Exhibit C. Section 3: By adoption of this resolution, the City Council adopts the Mitigation Monitoring Program, Exhibit B, for the Final EIR for Case 5.0730. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby certifies the Final Environmental Impact Report as complete and in conformity with CEQA, adopts the Statement of Facts & Findings, adopts the Statement of Overriding Considerations, and adopts the Mitigation Monitoring and Reporting Program for Case Number 5.0730. ADOPTED this 16th day of December 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Mayor Kleindienst NOES: Member Hodges ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA BY _ City Clerk ( ity Manager REVIEWED BYG 4 City o Palm Springs Mountain Falls Golf Preserve Statement of Facts and FindinUss SJATFMENT OF FACTS AND FINDINGS EXHIBIT A, FOR THF. MOUNTAIN FALLS GOLF PRFS RV ^� EMURONMF.NTAi.IMPACT REPORT 'H/ FINDINGS OF FACT ' The City of Palm Springs Planning Commission and City Council have reviewed the Draft and the Final Environmental Impact Report(EIR)for the proposed Mountain Falls Golf Preserve and have considered the record of proceedings on the project. Record of proceedings record of the project is composed of the documents identified in Public Resources Code Section 21167.6,including,but not litrtited to,the following: • Draft and Final Environmental Impact Report s prepared for the Mountain Falls Golf Preserve and Technical Appendices. • All records relating to the City of Palm Springs Planning Commission public hearings held on May 13, 1998 and October 14, 1998. • All records relating to the City of Pahn Springs City Council public hearings held on November 18, 1998 and December 16, 1998. • Notice of Preparation and responses thereto. The documents comprising the record of proceedings are located at the Palm Springs City Hall, 3200 East Tahquitz Canyon Way,Palm Springs, California. The custodians of the records are the City Clerk's office.and the Department of Planning and Building. There are four possible findings under CEQA with respect to significant effects of the project. F•ndin 1: Impacts identified will not cause a significant impact on the environment. ' F.inding2,; Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Finder Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Finder Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. After reviewing the whole record on the project, the City of Palm Springs hereby makes findings regarding the; environmental effects of the proposed Mountain Falls Golf Preserve project,pursuant to Section 15091 of State CEQA, Guidelines. The record of proceedings is summarized in the following findings,and evidence contained in the record of proceeding,including the evidence in the Draft and Final EIR for the project,is incorporated by reference into these; findings. Statement c f Facts&Findings-1 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings ENVIRONMENTAL EFFECTS / IMPACT FINDINGS, MANDATORY CEOA FINDINGS. FACTS IN SUPPORT OF THE FINDINGS/MITIGATION MEASURES TRAFFIC Locally, project access is provided along existing streets which border the southern edge of the Las Palmas neighborhood. The proposed development has access to Via Monte Vista,a master planned collector street included in the adopted Palm Springs General Plan. From the proposed project entry at Via Monte Vista to the signalized intersections at North Palm Canyon Drive and Indian Canyon Drive,this primary local access route follows an alignment consisting of Crescent Drive,North Patencio Road,West Chino Drive,North Vine Avenue and West Alejo Road. The proposed development would generate approximately 820 daily trips,of which 650 (80%)would be golf-related trips and 170 would be trips related to the occupancy of the proposed condominium units. The proposed project would generate 78 evening peak hour trips (43 inbound trips and 35 outbound trips) and 62 mid-day peak hour trips (43 inbound trips and 19 outbound trips). Both of the key intersections on Alejo Road(at Palm Canyon Drive and Indian Canyon Drive)will operate at LOS A during year 1998 and 2010 mid-day and evening peak hours with one exception. With the proposed project, the 1998 evening peak hour stopped delay at the intersection of North Palm Canyon and Alejo Road would increase from 4.7 seconds to 5.1 seconds,exceeding the threshold for LOS A(5.0 second/vehicle) by one tenth of one second and falling within LOS B. Under a maximum usage special event scenario, the proposed development would generate approximately 1,140 daily trips,including 178 mid-day peak hour trips during a shotgun golf tournament,and 200 evening peak hour trips during a wedding. (Note: these would not occur during the same day but represent the worst case peak hour distributions). Under this worst case scenario,both of the key intersections on Alejo Road will operate at LOS B or better during mid-day and evening peak hours during a special event in the year 2010. Other micro level traffic issues include the potential for safety problems on the local streets,the potential for spillover parking on local streets MANDATORY CEQA FINDINGS: Findin - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR(reduction of project vehicle miles traveled,improvements to Via Monte Vista,improvements to network capacity, construction impacts). Facts in Support of the Finding- The City of Palm Springs General Plan includes adopted development policies regarding future land uses and the circulation system required to accommodate the projected growth. The development proposed on-site is consistent with the adopted land use designations in the Palm Springs General Plan. The proposed development has access to Via Monte Vista,a master planned collector street included in the adopted Palm Springs General Plan. Consequently,the proposed project conforms to the long range development plan adopted by the City of Palm Springs. With the mitigations listed below the project complies with relevant General Plan circulation policies and standards. The project results in LOS A and B at key intersections and exceeds the General Plan standard for LOS D under average weekday conditions during the peak season. The project as proposed provides adequate driveway width and storage space on-site to store incoming cars so that motorists will not queue onto the street and through traffic on Via Monte Vista will not be impeded. The project also incorporates appropriate traffic control improvements to ensure that traffic safety is maintained. Parking will not be allowed to spill over into the adjacent residential neighborhood. The City of Palm Springs has required sufficient off-street parking to serve each use proposed on-site, including resident,employee and visitor parking needs. If any special events(e.g.golf tournaments)occur which could generate a significant increase in parking demand ' Statement of Facts&Findings-2 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings (an increase which could exceed the available parking supply on-site)the golf course management shall arrange for valet A y parking to increase the density of parked cars or provide additional off-street parking. The Mountain Falls Golf Preserve General Manager will be responsible for documenting the parking utilization on-site and monitoring any complaints. If a valid complaint cannot be resolved by The General Manager, the City shall take appropriate action to abate the nuisance and/or revoke the Conditional Use Permit. The following mitigation measures are incorporated into the project. 1. The project proponent shall improve Via Monte Vista along the project frontage, to the engineering standards for collector streets of the City of Palm Springs. 2. The project proponent shall provide a total of 289 on-site parking spaces to accommodate each use proposed on-site, including golf, resident, employee and special event parking needs. If any special events (e.g. golf tournaments) occur which could generate a significant increase in parking demand (which could exceed the available parking supply on-site)the golf course management shall arrange for valet parking to increase the density of parked cars and/or provide,enough additional off-street parking to ensure that no on-street parking occurs in the adjacent neighborhood,as a Condition of Approval associated with the Conditional Use Permit. 3. A STOP sign shall be installed to control exiting site traffic and clear unobstructed sight distance shall be provided at the site driveway in a manner that meets the engineering standards of the City of Palm Springs. 4. A STOP sign shall be installed facing westbound traffic on Crescent Drive at Via Monte Vista(opposite the site entry). The limit line for the STOP sign shall be located far enough west to allow stopping motorists a clear view of Via Monte Vista to the north. The STOP sign shall also include a warning sign indicating that cross traffic on Via Monte Vista does not stop. In addition, the City Engineer may require a street light at this comer so that the alignment of the street would be better illuminated for guests that approach the site after dark. 5. Entry monumentation that does not interfere with sight distance or turning movements shall be incorporated in the project entrance planning. Landscaping shall be provided that is appropriate to the entry and complies with City's sight distance requirements. The final design for the project entrance and corresponding entry lighting has not been developed to date but shall be developed to the engineering;standards of the City and shall be reviewed by the City Engineer and Director of Planning&Building prior to the issuance of a grading permit. ' 6. The project proponent shall relocate the existing equestrian/hiking trail on-site to accommodate the golf course, as required by the City and designed by a City approved trail planner. 7. The project proponent shall close the eastbound lane of West Chino Drive if determined to be necessary by the City Engineer in order to direct project traffic to the main access route along West Alejo Road and reduce intrusion into residential areas. This issue shall be monitored after project completion and, if there is a demonstrated negative impact due to traffic intrusion and strong neighborhood concern is voiced, the developer shall be required to design and construct,at no cost to the City, the required street closure. This condition shall be addressed in the project development agreement whereby funding is established. 8. The project proponent shall contribute traffic impact mitigation fees,as specified by the TUMF program. a. Roadway Improvements No roadway improvements off-site are required to provide adequate levels of service under year 1998 conditions or year 2010 conditions. A STOP sign shall be installed to control exiting;site traffic and clear unobstructed sight distance shall be provided at the site driveway. A STOP sign shall be installed facing westbound traffic on Crescent Drive at Via Monte Vista(opposite the site entry). Statement of Facts&Findings.3 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings b. Transportation System Management Actions The City of Palm Springs has adopted a Transportation Demand Management(TDM)Ordinance. The project will comply with all applicable provisions of the City's adopted TDM ordinance. 9. If determined necessary by the City Engineer the project proponent shall re-stripe the intersection of North Vine and West Chino Drive to connect the centerline of West Chino Drive(west leg of intersection), and North Vine Avenue (south leg of intersection). In addition, a warning sign showing the diversion of traffic onto Vine Avenue shall be posted on eastbound West Chino Drive. The developer shall submit a striping and signage plan for review and approval by the City Engineer. 10. The project applicant shall work with the City of Pahn Springs and Riverside County Flood Control and Water Conservation District(RCFCWCD)to grant appropriate access easements to the owner of the 1.2 acre"not-a- part"parcel within the project boundary, if required. AIR QUALITY Upon completion in 1998,the proposed project would generate approximately: 173.25 pounds of carbon monoxide, 31.58 pounds of reactive organic compounds,28.84 pounds of NOx,2.19 pounds of SOx and 4.35 pounds of PM10. These emission projections include hot start, cold start,hot soak, and diurnal emissions as well as PM10 emissions associated with cars traveling over the paved streets on-site. Only one percent of the project-related emissions would be emitted by stationary sources and 99 percent would be emitted over a broad area by motor vehicles. The proposed project would not exceed the SCAQMD operational threshold criteria for any air pollutants on a long-term basis. Daily construction-related emissions associated with the proposed project are expected to exceed the SCAQMD significance thresholds for NOx and PM10. Project-related NOx emissions will exceed the SCAQMD NOx threshold by 48%. Project-related PM10 emissions will exceed the SCAQMD threshold of significance by approximately 27 percent, but are not expected to exceed the quarterly threshold. Consequently, without mitigation other than regular watering during grading activities,the project will have a significant short-term impact on local NOx and PM10 levels. Although ambient NOx concentrations in the Coachella Valley do not exceed ambient air quality standards and are not of concern at present,the same cannot be said of PM10 levels. ' MANDATORY CEQA FINDINGS: Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final E1R. Facts in Support of the Finding; Once constructed,long term operation of the project will not exceed any air quality standard and,because the developer will plant groundcover,will reduce the potential for windblown PM-10 emissions from the site. Adherence to all City regulations will be required of the project. The following mitigation measures are incorporated into the project. 1. The construction specifications will include measures to prevent excessive air pollutant emissions and ensure that the contractor will perform as follows. • Use appropriate emission control devices on gasoline and diesel construction equipment and maintain construction equipment engines by keeping them tuned. • Prohibit idling and other unnecessary operation of equipment; • Utilize existing power sources (i.e.,temporary power poles)and avoid on-site power generation. M& Statement of Facls&Findings-4 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings • Have sufficient equipment at the site to carry out dust-control measures in all areas covered by the contract work(not just the i nmediate area of construction). V# C • Employ construction activity management techniques,such as: configuring the construction parking to minimize traffic interference; extending the construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between the emission sources; and reducing or changing the hours of construction; to minimize construction activity emissions. • Maintain all work and access areas free from dust. ' • Cover loaded trucks used in construction operations with tarpaulins and wash off trucks leaving the site. • Sweep streets if silt is carried over to adjacent public thoroughfares. • Water dust-generating surfaces at intervals to keep all parts of the disturbed area continuously damp. • Water the site and clean the equipment in the morning and evening. • Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes,particularly when extending the 12-inch irrigation pipeline through the adjacent neighborhood. • Construction activities should be scheduled to occur first on the upwind portion of the project site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. • Develop a traffic plan to minimize traffic flow interference from construction activities including advance public notice of routing. 2. Cut and fill quantities shall he balanced on-site. 3. The proposed project shall comply with the provisions of Chapter 8.50 of the]Patin Springs Municipal Code , which establishes minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. A plan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the Building Official for approval prior to the issuance of any grading permits associated with the project. The plan shall specify the fugitive dust control measures to be employed. 4. The project applicant shall comply with all applicable SCAQMD Rules and Regulations. In particular, SCAQMD Rule 403 shall be adhered to,insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation,open storage pile,or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 5. A suitable dust control deposit as determined by the City's Building Official shall be required and made prior to grading or demolition permit issuance. 6. Adequate watering techniques shall be employed to partially mitigate the impact of construction-,generated dust particulates. Portions of the project site that are under-going earth moving operations shall be only watered such that a crust will be formed on the ground surface and then watered again,art the end of the day. Statement of Facts&Findings-5 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 7. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Necessary irrigation systems shall be installed as soon as possible to maintain the ground cover and raininuze wind erosion of the soil. 8. Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 MPH. 9. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 ' MPH,per the PM10 SIP. 10. Any construction equipment having diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05%sulfur and a four degree retard. 11. Construction personnel shall be informed of ride sharing opportunities. 12. Building construction shall comply with the energy use guidelines in Title 24 of the California Administrative Code. Findine40 Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR(PM,,and NO.from short-term construction emissions, long-term emissions of CO, NO, and ROG, generation of vehicle emissions and emissions from electrical power plants and natural gas). Facts in Support of the Finding: Due to ambient PM-10 levels in the Coachella Valley,much of which is naturally occurring,it is not feasible to reduce short term PM-10 impacts to a level of insignificance. To do so would require the establishment of construction limitations which would not be legally,politically or economically acceptable; such limitations are not appropriate for this project alone since air quality is a regional concern. Also,adherence to this standard will merely extend the time frame of construction to reduce daily PM-10 emissions but will have no practical effect on the total amount of PM-10 generated. All practical mitigations for PM-10 reduction have been required of the project including adherence to all applicable City dust control regulations. To reduce the construction-related daily and quarterly NOx emissions to a level below the SCAQMD significance threshold criteria would require a major change in the proposed grading activities on-site. Since 94 percent of the NOx emissions from construction equipment would be generated by the 5 scrapers grading the site, a reduction in the number of scrapers used on-site from 5 to 2 would reduce the daily and quarterly NOx emissions to a level below the SCAQMD threshold of significance, However, a 60 percent reduction in the number of scrapers grading the site would increase the grading period by a factor of 2.5 (from 6 months to 15 months). This change would be very costly to the project proponent and would cause surrounding residents to be annoyed by construction-related nuisance impacts for a much longer period than that proposed. Moreover, the total NOx emission burden generated on-site over the entire construction period would not be reduced. In addition,local NOx levels currently meet state and federal standards and are not of concern in this area. The long term project benefits have been weighed against these short term air quality impacts. Long term project benefits include provision of jobs and housing,provision of recreational opportunities,positive fiscal impacts for the City,downtown revitalization and the long term improvement of PM-10 emissions through the planting of groundcover on the site. The City views the project's long term benefits as overriding the project's unavoidable short term air quality impacts. This finding is consistent with the City's adopted policies,programs and community growth projections. yp S ' Slatement of Facts&Findings 76 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings NOISE ice/ Noise levels on area streets were quantified based upon 2010+project traffic volumes. Under 2010+pro ject conditions, the 65 and 70 CNEL contours will remain within the right-of-way along all residential streets within Ile Las Patinas Neighborhood and consequently the City's 65 CNEL exterior noise standard for residences will not be exceeded at any location. The project will generate potentially audible noise increases (between 1.0 and 3.0 DBA)along three of the links analyzed These roadway links include:(1)Crescent Drive(east of Via Monte Vista),(2)West Chino Drive(west of North Palm Canyon Drive) and (3) West Alejo Road (west of North Cahuilla Road). Noise sensitive land uses including residences,schools and the Temple Isaiah Community Center are adjacent to these roadway links. Although ' these noise increases are potentially audible„ they will not exceed the City's 65 CNEL exterior noise standard for residences nor the City's 45 CNEL interior noise standard for schools and are therefore;not considered significant. Short term significant adverse impacts related to noise may occur during the construction phase of the Mountain Falls project. By limiting the lours of construction,requiring standards for construction equipment, and requiring sound wall construction next to adjacent residences early in the construction process, these impacts will be reduced to a level of insignificance. The existing dam structure will also serve as a sound barrier for much of the golf course construction. Noise impacts due to construction will be regulated through the City of Palm Springs Construction Regulations and Noise Ordinance as well as through environmental specifications in the construction contract and the Noise Control Act of 1972(which sets noise standards for construction machinery). Consequently,local,stale, and federal noise standards will not be violated during construction activities. Activities associated with the golf course(i.e., parking lots,delivery trucks, air conditioning and refrigeration units, landscape maintenance equipment)may result in potential noise impacts on adjacent residences. Therefore, the project's truck access points,parking areas, and equipment(such as air conditioning and refrigeration units) shall be designed so as to reduce any potential impacts to a level of insignificance. A 6'high block wall will be required adjacent to residences and the parking lot constructed 2'below grade to reduce noise at adjacent homes. Furthermore,since these will be no lighting,golfing activities will limited to daytime hours. The maintenance of the golf course shall also be restricted to the daylight hours which will reduce noise levels during more sensitive throe periods. Pool and tennis court hours will be restricted from daylight to 9:00 p.m.. The City Council, in response to concerns raised by the immediate neighbors with homes adjacent to the subject property,has restricted the clubhouse,restaurant and bar hours of operation from sunrise to one (1)hour after sunset year round. This will significantly reduce evening , and night time noise from clubhouse,restaurant and bar operations. The use of loudspeakers to announce tee times and amplified outdoor music will be restricted(see:CUP Condition of Approval No. 60a and 60b). MANDATORY CEQA FINDINGS: Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final E1R (short-term construction-related and long-tern operational noise impacts). Facts in Support of the Finding; Mitigation measures in the Final EIR require that the project applicant follow short-terns acoustic measures including limiting construction activities to between 7:00 a.m. and 8:00 p.m. to reduce noise impacts; ensuring that construction activities not take place between the hours of 5:00 p.m. and 8:00 a.m. if the noise produced by such work is of such intensity or quality that it disturbs the peace;ensure that all construction equipment be equipped with properly operating and maintained mufflers; that stationary equipment be placed such that emitted noise is directed away from sensitive noise receivers; ensure that stockpiling and vehicle staging areas be located as far as possible from sensitive noise receptors;that every effort be made to create the greatest distance between noise sources and sensitive receptors during construction activities; and that wall construction occurs early in the construction process to,reduce intrusive noise levels at adjacent residences. Statement of Facrs&Findings-7 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings As referenced above the City Council has substantially reduced the hours of operation for the clubhouse,restaurant and bar. This will reduce identified noise impacts associated with evening and night operations including noise associated with the on-site parking facilities. Noise from cars,people and overall activity should be substantially reduced. Mitigation measures in the Final EIR also require that the project applicant implement long-term acoustic measures including limiting hours of operation for maintenance activities including the use of leaf blowers between the hours of 8:00 am.and 8:00 p.m in the Condominium/Clubhouse area, that a 6 foot high block sound wall be constructed along the north property line of the Coler Estate,that the parking areas be depressed 2 feet below existing grade to increase the effectiveness of the sound wall, that the orientation of the maintenance building be adjusted to minimize direct exposure or residential structures to maintenance equipment,operational procedures for employees and valets such as avoiding slamming car doors and excessive acceleration. In order to mitigate short-term noise impacts of construction,the following mitigation measures are incorporated into the project. 1. Standards and specifications included in the construction documents will ensure that noise levels resulting from construction and the delivery of building materials do not violate any federal regulations (including those of the Occupational Safety and Health Administration)or state and local regulations. • The contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any and all work performed pursuant to the contract. • Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. • Construction activities shall incorporate feasible and practical techniques which minimize the noise impacts on adjacent uses. • Construction activities shall take place only between 7:00 a.m. and 8:00 p.m. to minimize the potential for noise impacts during more sensitive time periods,as specified in the Palm Springs Noise Ordinance ' (Municipal Code Section 11.74.041). Construction activities shall not be permitted between the hours of 5:00 p.m. and 8:00 a.m. if the noise produced by such work is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity, per the Palm Springs Construction Site Regulations (Municipal Code Section 8.04.220). • All construction equipment,fixed or mobile,shall be equipped with properly operating and maintained mufflers. • Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. • Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • Every effort shall be made to create the greatest distance between noise sources and sensitive receptors during construction activities. 2. The required 6-foot high block wall on the north property line of the Coler Estate should be built as soon as possible in the construction process to minimize the potential for the annoyance of adjacent existing residents related to noise generated by construction activities. Ut/71 A Statement of Facts&Findings-8 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 3. At the beginning of the initial phase of development on-site, the developer shall)construct a 6-)foot block wall which complies with the Zoning Ordinance, along the boundary between the nine existing residences fronting on Crescent Drive and the proposed project to minimize the potential for the annoyance of adjacent residents related to noise generated by on-site activities. (policies 6.22.4 and 6.22.5) 4. Construct a 6-foot block wall in compliance with the Zoning Ordinance,between the maintenance area and the proposed condominium units. (policies 6.22.4 and 6.22.5) 5. Redesign the access for the maintenance vehicles to the golf course from the maintenance facility along the west ' side of the maintenance building(or provide an access bay at the northwest comer of the maintenance building) to maximize the distance between the vehicles and the villas and allow the building to function as a noise barrier. (policy 6.22.9) 6. Minimize early morning noise impacts on the existing and proposed residential areas by limiting maintenance activities east of the Tachevah Dam to the hours of 8 a.m. to 8 p.m. (policy 6.22.9) 7. Prohibit the use of leaf blowers that operate with noise levels in excess of 50 d]B between the hours of 8 p.m. to 8 a.m. in the residential/clubhouse areas.(policy 6.22.9) 8. Limit construction activities(which may impact adjacent residential units)to 7 a.m. to 7 p.m.during weekdays and Saturdays (except under special circumstances approved by the City) and prohibited on Sundays and holidays. (policy 6.24.1) 9. Schedule the loudest construction activities in the vicinity of the residential areas to occur between the hours of 8 a.m. to 5 p.m. to minimize the noise impact. (policy 6.24.2 and City Code.Chapter 8.04.200) In order to mitigate long-term noise impacts to a level of insignificance the following measures will be implemented: 10. Any work bays at the maintenance facility building facing east or north shall be kept closed prior to 7:00 a.m. each day. 11. Locate the noisiest equipment(e.g., tractors and backhoes) at the western side of the proposed maintenance , building, away from the proposed condominium units. 12. Employees using equipment and the parking areas near the condominium units shall be required to: • minimize the application of power and equipment acceleration, and • avoid car door slamming as well as excessive vehicle acceleration. 13. Options shall be explored to re-orient the maintenance building in a manner that would locate the bays and the outdoor working area away from the condominium units and the existing residences to the north. For example, the maintenance building could be rotated 45 degrees clockwise. This would orient.the noisiest activities toward the golf course and permit the building structure to operate as a noise barrier,shielding existing and proposed noise sensitive land uses. 14. Options shall be explored to redesign the access of the maintenance vehicles from the golf course to the maintenance facility along the west side of the maintenance building to maximize the distance between the vehicles and the villas and allow the building to function as a noise barrier. 15. Hours of operation for the clubhouse including the pro shop/restaurant/bar shall be from sunrise to one(1)hour after sunset. Determining the time of sunrise and sunset shall be based upon the official time as noted in the Farmer's Almanac. Statement of Facts&Findings-9 ' City of Palm Springs Mountain Falls Golf Preserve Statement o Facts and Findings 16. For additional noise attenuation,parking areas adjacent to the nine homes fronting on Crescent Drive to the north shall be excavated to a depth of at least two feet below existing grade with a 2'-4'high block wall and berm. BIOLOGY With mitigation,the project will have less than significant direct and indirect impacts to one state and federally listed species,the Peninsular Bighorn Sheep(PBS),as well as other less sensitive,more commonly occurring species. Direct impacts to biological resources include the loss of Sonoran Creosote Scrub(88.4 acres) and the potential loss of small animals resident on-site. Larger and more mobile species such as sheep,coyotes and birds will lose potential foraging habitat, although it has been established that much of the development area was scraped clean of vegetation with construction of the debris basin and several exotic species including mustards and fountain grass have established themselves creating relatively low quality forage for sheep. In addition, hiking, dog walking, flood control facility maintenance and noise and light from the existing land uses adjacent to the basin are believed to reduce existing PBS use of the site. These uses will continue irrespective of the proposed project. Consequently,the project is proposed at a location of reduced PBS habitat suitability. Indirect impacts to biological resources are difficult to predict with certainty but could include some level of increased potential for human and pet intrusion into habitat areas,potential effects due to fertilizer and pesticide use,potential increases in predator attraction/concealment and potential creation of disease and parasite reservoirs. The project incorporates mitigation measures to reduce the potential for indirect impacts. The project eliminates the use of all known toxic plants,requires a golf course monitoring program for the identification and elimination of parasites from the golf course(despite the fact that parasites must be borne by another animal to the golf course and no cases of parasite infection are known in the area or have been scientifically established in connection with golf courses)and requires that no large vegetative cover capable of concealing predators be located near natural areas. In addition, the project is required to construct a fence separating sheep from the golf course if sheep/golf course interactions are shown to occur with subsequent adverse impacts on PBS. Casual dog walking in the debris basin and uncontrolled trail access may decrease with concoction of the golf course. The cumulative impacts (direct and indirect impacts of the project and other past and future projects)are significant due to the limited number of PBS in the San Jacinto Mountains group (20-26) and the Peninsular ranges (280). The PBS population is not currently believed to be self sustaining, therefore, the cumulative impact of continued urbanization of land will perpetuate the risk of extirpation of the San Jacinto Mountain group,although it is apparent that no"take"of PBS as defined in the State and Federal Endangered Species Act and regulations will occur from this project. ' MANDATORY CEQA FINDINGS: Based upon the evidence in the record, it appears to the City that the direct and indirect effects of the project will not cause harassment or harm to PBS, and do not involve the killing,capturing,or collecting of PBS,or any attempt to engage in any such conduct, which would be prohibited by 16 U.S.C. Section 1532 or California Fish&Fame Code Section 2080. It also appears based upon evidence in the record that the project does not involve significant habitat modification or degradation such that it would actually kill or injure PBS by significantly impairing essential behavioral patterns,including breeding,fending or sheltering. The flood control dike forms a barrier which make it highly unlikely that PBS would come into contact with automobiles or the land uses beyond the dike. In addition,to the extent that PBS were to come onto the golf course and be subject to harm,the provision for the installation of fencing precludes any potential harm to sheep due to contact with the golf course. In the event that the U.S.Fish&Wildlife Agency("USFWS") and/or the California Department of Fish and Game ("CDFG")disagree with these conclusions,USFWS and CDFG have jurisdiction over the project to either prosecute the developer or to require that the developer obtain a Section 10(a)permit and/or 2081 permit,and impose such other mitigation measures as may be determined by them to be necessary. The project must comply with the Federal Endangered Species Act and the State Endangered Species Act. Find•n Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(impacts to the PBS,wildlife and wildlife habitats). ' Statement of Facts&Findings-10 City of Palm Springs Mountain Falls GolfPreserve Statement of Facts and Findings Facts in Support of Lie Finding The following measures will mitigate impacts due to the direct loss of habitat for bighorn sheep, as well as Sonoran Creosote Bush Scrub habitat,and the indirect impact of reduction of use of adjacent areas: 1. Dedication of habitat elsewhere to offset the loss of bighorn sheep foraging habitat. The conservation area to be dedicated shall be at a ratio of three(3)acres preserved for each acre disturbed. The dedication can either be outright donation of land,purchase of additional property,or moneys dedicated to preservation of bighorn sheep habitat,or a combination of all three. The dedication will be provided b;y the project proponent to the , City of Palm Springs for the purpose of managing wildlife habitat. 2. The non-used portions of the site shall be protected by deed restriction to prevent future development. Areas shown on project maps as"No Development Areas"surrounding the golf course shall be incorporated into the project design as permanent open space. All areas outside of and between the modified target golf course limits of grading shall remain in a natural condition. The following measures are required to mitigate indirect impacts to bighorn sheep as well as other species: 3. A monetary payment in the amount of y50,000,payable over 5 years in annual$10,000 installments, shall be provided by the proponent to the City of Patin Springs prior to issuance of grading permits. The City shall manage the funds to support studies for the purpose of bighorn sheep conservation and preservation. 4. The golf course developer shall prepare a detailed landscape plan for City review and approval prior to the issuance of building permits. The plan shall incorporate the following mitigation measures. • No tall shrubs or dense cover shall be allowed within 50 yards of the boundary of the golf course in areas adjacent to native scrub habitat. This will avoid providing approach and hiding cover for bighorn predators. • No plant species toxic to wildlife shall be used on the golf course. The proposed plant palette shall be reviewed by a qualified botanist with knowledge of toxic plant species,and approval of the palette will be subject to this review prior to approval by the City. The plant palette shall incorporate the use of ' native plants salvaged from the site to the extent feasible per City Policy. These species include: Oleander Pyracantha Lantana Castor If additional species become known to the City to have toxic interaction; with wildlife species in the future they will also be prohibited from use on site. If they have been planted prior to such information being available then the golf course operator shall remove them from the;site. • No invasive non-native species shall be used on the golf course. The proposed plant palette shall be reviewed by a qualified native landscape specialist prior to approval of the landscape plan by the City. • The proposed relocation of the existing hildng(equestrian trail shall be redesigned to remain downslope of the golf course. • Upon completion of construction all drainages shall be revegetate d using native plants such as catclaw (Acacia),desert lavender(Hyptis),honey mesquite(Prosopis)and smoke tree(Psorothamnus). & ement of Facts&Findings-11 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings Un l5. The golf course developer shall prepare a management plan for the operation and maintenance of course for for City review and approval prior to the issuance of building permits. The plan shall include the following mitigation measures: • Identification of mosquito control measures[hat avoid contamination of water sources. Such measures could include the use of mosquito fish or other natural methods. Mosquito control will be the responsibility of the golf course operator. • The golf course lake and other features shall be designed to discourage vector breeding(mosquitos, and midges,bees,rats,etc.). The lake should be steep sided,the water level should fluctuate widely and no vegetation shall be allowed to grow in the lake. • Control of intestinal parasites through periodic testing of turf and water, and cleanup of golf course ponds. These measures must avoid the use of groundwater contaminants(fertilizers and pesticides). Parasite control will be the responsibility of the golf course operator. • Upon completion of the golf course, property owners and golf course users shall be provided with information on the wildlife values of the surrounding habitats and the potential effects of their activities. In particular, the information will focus on bighorn sheep use and behavior in the surrounding mountains. The information will be prepared by a qualified biologist. The information will be provided by the project proponent and made available to golf course users on an ongoing basis by the golf course operator. • Golf play and use of the driving range shall be restricted to the hours between sunrise and sunset. • No lighting of the golf course or driving range shall be allowed. • A fertilizer and pesticide management plan shall be prepared and implemented. • Human traffic into Tachevah Canyon from the existing recreational trail shall be obstructed by emplacement of a rock barrier in order to discourage human intrusion into the canyon. • The developer/owner/golf course operator shall construct a fence at least eight(S)feet high around the entire golf course between the golf course and hillside areas for the purpose of keeping bighorn sheep off the golf course. Such fence shall be constructed when there is a determination of need by the "Fence Review Committee"consisting of the City's Director of Planning and Building,a representative biologist appointed by the owner of the golf course,and a representative appointed by the California Department of Fish and Game. The committee shall determine that a need exists based upon scientific information,field observations or other reliable information,if such data shows that 1)the golf course is tending to attract sheep to the golf course or its environs, or 2) new information has developed showing,with a degree of reliability,that the health of sheep is adversely affected by browsing on golf course vegetation,or 3)that sheep are coming onto the golf course and are adversely affected thereby. At the option of the committee,the committee may order further scientific study of the issue, at the sole cost of the owner,to develop information necessary to determine if the need for the fence exists. The study may recommend additional monitoring at the expense of the owner. The property owner shall have the right to install the fence in lieu of performing any such additional study. The design and location of the fence shall be approved by the Director. The fence shall be completely installed at the sole cost of the golf course owner within one(1)year after the committee gives notice thereof. Failure to timely complete installation shall permit City to close down the operation of the course until there is compliance. Statement of Facts&Findings-12 Cif of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings • The developer/owner/golf course operator shall demonstrate compliance with the Federal ESA prior to issuance of grading permits. Compliance shall be in the form of an opinion from competent legal counsel experience in federal and state endangered species. Finding 4: Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers,make infeasible the,project alternatives identified in the Final EIR (cumulative impacts to Bighorn Sheep). Facts in Support of the Finding7 ' To completely eliminate potential cumulative impacts on PBS would require that the project site west of the Tachevah Dam retrain undeveloped The City has balanced the project impacts, against the benefits its citizens will receive from the project such as provision of jobs,taxes,housing,recreation,and implementing the City General Plan by developing a golf course at this location. Such a restriction on development is economically and legally infeasible. The City has decided that the benefits of project approval outweigh the potential cumulative impacts to bighorn sheep. This finding is consistent with the City's adopted policies,programs and findings,including community growth projections and the General Plan golf course designation on this site. GEOLOGY Principal geologic hazards that may affect the site and proposed development include seismic hazards and slope instability. There is a high probability that strong groundshaking could occur at the site during the life of the proposed project causing structural failure and endangering human life. Also,because groundwater could exist at the base of the alluvial deposits where they overlay granitic bedrock,there.is some potential for localized areas of liquefaction in the alluvium of the site. Due to the presence of steep slopes and the potential for severe groundshaking, there is some possibility of seismically induced landsliding. Manufactured slope areas could also be,subject to slope failure in the event of significant ground shaking. The site includes rock outcrops which are a potential source of falling and rolling boulders. In the event of a large earthquake, structures located at the base of the steep rocky slopes could be subject to damage. Erosion potential is a concern in the alluvial portions of the site,especially along alluvial channels and in soil areas that are exposed to concentrated runoff especially during site grading. MANDATORY CEQA FINDINGS: ' Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (topography, soils,rockfall potential,scoter potential,liquefaction,erosion,seismicity). Facts in Support of the Finding7 The project includes standard design measures intended to mitigate geotechnical concerns. These include requirements for design level geotechnical investigation to evaluate specific hazards and recomnnend engineering solutions in accordance with current building safety standards. Standard erosion control techniques will be applied to mitigate the potential for erosion during and after construction The following mitigation measures are incorporated into the project: 1. A seismicity analysis shall be prepared for the project including probabilistic evaluation of peak ground acceleration and response spectra prior to issuance of a grading permit. 2. The potential for shallow groundwater and liquefiable soils in structural areas shall be evaluated during design level geotechnical investigations. If significant fills,including golf course fills, are to be placed in canyon or drainage bottoms,subdrains will be installed to prevent the saturation of the fill materials if determined to be necessary based on design level geotechnical evaluation. qA /-4-40� Statement of Facis&Findings-13 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 3. The stability of existing and proposed slopes shall be quantitatively evaluated during design level geotechnical investigations. Any identified potential for deep seated landslides and slope failures will be mitigated by constructing buttress fills,or by constructing other types of retention structures,such as retaining or crib walls, as approved by the City Engineer and Director of Planning&Building. V /1 I/n 4. Shallow slumps and surficial instability shall be mitigated by adequate slope planting, control of burrowing rodents,post and plank stabilization and regrading. 5. Specific recommendations related to rock fall protection shall be included in design level geotechnical investigations, prepared by a certified engineering geologist. Rockfall hazards will be mitigated by the following techniques singly or in combination: • Rock stability assessment and stabilization or removal. • Separation of structures away from hazardous areas (e.g. construct a 15' wide, soft bottomed, catclunent area at the rear of the residences by a combination of relocating buildings to the north and constructing a retaining wall which moves the toe of slope to the south. A suitably reinforced block wall would then be constructed adjacent to the structures forming a catchment area between the two walls). • Placement of a rock fence above existing structures. • Boulders placed for landscaping purposes may be anchored using rock bolts,soil nailing with cables, or special foundations. 6. Areas of unstable steep cut slopes shall be laid back to a shallower gradient or reinforced with retaining structures,such as walls,or rock bolts. Unstable steep fills shall be reinforced with retaining walls or geogrid fabric. 7. Design-level geotechnical investigations shall contain recommendations for proper site preparation and grading techniques to properly mitigate the potential settlement of fill and alluvial soils. ' 8. Erosion shall be mitigated by proper drainage design including collection and conveyance of water to approved points of discharge. During construction,drainage and erosion may be controlled using hay bales,manufactured erosion matting,and by construction of temporary berms and channels as necessary to direct surface flow away from erosion sensitive areas and into appropriate points of discharge. Methods of post construction mitigation include the use engineered surface and subsurface drainage facilities,energy dissipaters,desilting basins,silt fences,and similar techniques to protect areas of golf course which cannot be easily or inexpensively repaired. 9. Excavation in hard bedrock material shall be avoided as much as possible. If excavation is necessary,design level geotechnical investigations shall include recommendations for fill placement or disposal. CULTURAL RESOURCES Seven archaeological sites were found and recorded during archaeological field surveys at the site. Five of the sites are prehistoric or Native American sites, and two are historic or non-Indian. Of the seven sites recorded within the project boundaries as a result of the field survey,only one,namely CA-RIV-6033,meets the statute definition of a historic property, a historical resource, and an important archaeological resource. According to the current project plan, the proposed undertaking requires the destruction of Site CA-RIV-6033. Since this site meets National Register,California Register,and the proposed project has the potential for adverse impacts on cultural resources. Statement of Facts&Findings-14 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings MANDATORY CEQA FINDINGS: Findin • Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(archaeological sites). Facts in Support of the Finding-. The project has been redesigned for preservation and data recovery of historical resources associated with CA-RIV-6033 ' as well as preservation of other less significant resources within the property. This solution has been reviewed and approved by the Agua Caliente Indian Tribe and found to be acceptable. In order to reduce:the project's potential impact on local cultural resources of historical or archaeological significance, the following mitigation measures shall be implemented: 1. Adverse effects to archaeological site CA-RI'V-6033,consisting of rock cairns and quartz flaking stations,shall be mitigated by a combined strategy of preservation and data recovery. The rock cairns shall be presented in place by redesign of Fairway 13 (Figure 6.6-1 and Figure 4.3-2 of FEIR for redesign). The flaking stations shall be mapped, studied, collected, and described in a technical report to preserve the archaeological information contained in them. At the completion of the study,artifacts shall be curated at the Agua Caliente Cultural Museum in Palm Springs. 2. To further mitigate potential impacts to CA-RIV-6033, an archaeologist and a representative from Agua Caliente shall be present during staking and pre-grading activities at Fairway 13, and an archaeologist shall be present during initial grading at Fairway 13 to monitor for buried cultural resources. 3. Site CA-RIV-6034,-6035, -6036,and-6037,consisting of boulders with grinding slicks,do not meet CEQA criteria for"important archaeological resources;"however, the project applicant has agreed to preserve them in place by incorporating them into the project design. 4. The applicant and/or the building contractor shall halt grading or any other construction activity immediately in the affected area if any additional archaeological resources are uncovered during such activities. The applicant and/or the building contractor shall notify the City and shall summon a qualified archaeologist to ' determine the significance of resources and recommend appropriate mitigation measures.5, To further protect CA-RIV-6033 from unintentional disturbance during golf play,the site shall be posted as an archaeological site,a one stroke penalty will be assessed for errant balls, and the:area shall be separated from the fairway by cactus and other native plants which will discourage access. Design of berming,signage and native vegetation to protect CA-RIV-6033 shall be submitted for review and approval by the Indian Planning Commission before the issuance of grading permits. AESTHETICS The project will result in the transformation of the existing debris basin and lower portions of the adjacent foothills to a completely developed golf course environment. The project continues the long-term trend of urbanization occurring along the west side of Coachella Valley adjacent to the mountain front. With the exception of a few residences which overlook the debris basin and the Coler Estate property,only the highest golf fairways are visible from any significant vantage point. Distant views of these fairways blend with the foreground planting and are;not noticeable while nearby views within the Las Palmas Neighborhood are genetally hidden by the dense mature landscaping within the community. Consequently,visual impacts of the project are not considered to be significant. Please refer to Section 6.7 in the EIR for a detailed discussion about various viewpoints surrounding the site. _ /7 7 .Statement of Facts&Findings-15 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings The project will introduce new light sources to the area including lighting associated with the proposed wq/ ot, Condominium buildings and maintenance building. The golf course will not be lighted. The site is adjacent to existing urban light sources including residential lighting in the Las Palmas Neighborhood to the north and east. Because the Condominium buildings are residential in character,and the exterior lighting of the storage yard will be shielded by the maintenance building from adjacent residences, and the Clubhouse and tennis court are existing and were developed as residential uses,the parking area has the greatest potential for fighting impacts on adjacent residences. Using 15'high light standards in the parking lot, a computerized lighting analysis determined that maximum unobstructed lighting levels at the property line of adjacent residences could reach 1.9 foot candles (i.e., roughly the intensity of a bright moon). The final project design was modified to use low 5 foot bollard style lighting within the parking lot resulting in a maximum unobstructed lighting level of 0.6 foot candles at the property line of adjacent residences. Also,the light will not be unobstructed since the property line will be shielded from light by a 6 foot high block wall and mature landscaping. The City Council,in response to concerns raised by the immediate neighbors with homes adjacent to the subject property,required lowering of the new parking lot grade and has restricted hours of operation for the clubhouse, including pro strop,restaurant and bar from sunrise to one hour after sunset year round. This will allow on-site parking lot lighting to be reduced to minimum levels for security lighting only adjacent to residences. Therefore,parking lot lighting impacts are not considered significant. The project site is within a zone where night lighting can affect astronomical observations at the Palomar Observatory. Generally,urban development in the region has the potential to generate significant light sources which could affect the observatory. However, compliance with the policies in the City's General Plan and proper downward shielding will avoid lighting impacts on the observatory. MANDATORY CEQA FINDINGS: Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(visibility of Hole #13 and#14 from distant vantage points,introduction of a new light source). Facts in Support of the Finding; Mitigation in the Final EIR requires the project applicant to incorporate desert landscaping along the boundaries of the ' golf course to reduce contrast impacts on landscaping as much as possible. Architectural review of building plans will ensure that the architectural massing and style of the Clubhouse and guesthouse are continued in the condominium and maintenance buildings. Mitigation measures require that all lighting be directed downward and shielded from adjacent uses and comply with the City's Ordinance 1347 and applicable General Plan policies. Existing mature landscaping shall be maintained and augmented along the north property boundary of the Coler Estate. The following mitigation measures are incorporated into the Final EIR for the proposed project. The proposed lighting program includes 12'high light fixtures along the access driveway, and 4' high, low profile, bollard fight fixtures within the clubhouse/golf course parking area. The proposed low profile light fixtures combined with constructing the parking lot 2'below the adjacent grades, dense landscape buffer and 6'high property line wall will reduce lighting impacts to a level of insignificance. Additionally,the restricted hours of operation for the clubhouse, restaurant and bar will allow parking lot lighting levels to be reduced once the clubhouse and associated facilities are closed one hour after sunset. The following mitigation measures are incorporated into the project. 1. Grading on golf course holes 12, 13, 14, 15, and 17 shall not disturb surfaces outside the proposed grading areas. 2. Grading on the cart path approaching golf course hole 13 shall absolutely limit scarring which is visible from viewpoints to the east. ' Statement of Facts&Findings-16 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 3. Plantings on golf course holes 13 and 14 shall be limited to low growing,desert-appropriiate plant materials. Plant materials with a deep or dark green color aspect shall be avoided on these holes. 4. Existing visual buffer plantings along the north side of the Coler Estate shall remain and shall be augmented with additional plantings. Due to its poor condition, the existing fencing along the property line shall be replaced by a six(6)foot high solid block masonry wall as approved by the Department of Planning&Building. 5. Project lighting shall comply with City lighting standards in effect at the[acne. Parking lot lights shall employ area lights with house-side shields rather than directable spotlights. Parking,lot lighting shall be monitored and ' adjusted after installation to prevent spill light and eliminate glare withinn neighboring residential properties. Adjustments to luminalre orientation and shield placement shall be made following installation based on direct observation from residential viewpoints located directly to the north. 6. Grading for golf course holes 13 and 14 shall be designed and undertaken to closely replicate the appearance of surrounding natural terrain,particularly in terms of color and texture. As grading begins,weathered surface rock material shall be set aside and used to constitute the graded non-turf surfaces of these two golf holes. 7. If a sheep fence is constructed around the golf course, the fence shall be of chain link or similar low visual contrast construction and painted with desert appropriate coloration. In addition,ground disturbance along the fence line shall be absolutely minimized and care taken not to create erosion paths which would reveal lighter subsurface material along the linear fence alignment. Fencing plan submitted to Department of Planning& Building prior to grading plan. Finding 3: Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency(cumualative light&glare impacts). Facts in Support of the Finding; The project, along with other development also has the potential to result in cumulative light and glare impacts. However,if all jurisdictions implement appropriate measures for each project to ensure that lighting is shielded,properly illuminated for the specific use and not directed offsite,no significant cumulative light and glare impacts will result. ' HYDROLOGY & FLOOD CONTROL Hydrologic impacts relate primarily to flood damage and water quality degradation. Regarding flood protection, the project will involve the conversion of approximately 77 acres of reservoir bottom and alluvial fan within the 2,048-acre drainage area behind the dam. Unusually heavy storms may cause some erosion and debris movement on the alluvial cone portion of the site. Development of the Coler Estate will result in increased surface water discharge outside the, dam which could affect downstream properties. Development of the proposed Mountain Falls Golf Preserve will introduce additional people, automobiles,landscaping, irrigation, and golf course maintenance operations to the site. Such urbanization typically produces waste products which can be released through minor leaks,spills, and irrigation overflow which may find their way into the drainage system and ground water. Potential pollutants include household and commercial cleaners, construction materials, motor oil and other petroleum products, fertilizer's, herbicides and pesticides. The golf course has the potential to generate runoff water containing fertilizer nutrients and pesticides. Use of fertilizers could increase nitrogen levels in project area groundwater. Construction of the project could potentially result in disturbance to Waters of the United States requiring issuance of a 404 permit from the U.S. Army Corps of Engineers, however the project, as redesigned, avoids waters of the U.S. and would not require a 404 permit. As approved the project is designed to avoid waters of the U.S. and a 404 permit may not be required. ` Al Statement of Facts&Findings-1'7 , City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings MANDATORY CEQA FINDINGS: (1 14 0A V Findin Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR (demand for drainage facilities,erosion impacts,exposure of development to flooding). Facts in Suppnrt of the.Finding- Alternative #4 was adopted by the City Council which incorporates a redesign of the golf course to avoid all jurisdictional waters and leave them in a natural,undisturbed condition. If the final engineering design does not avoid waters of the U.S., a Section 404 Permit application will be filed with the Corps of Engineers and a Section 1603 Streambed Alteration Agreement will be obtained from the California Department of Fish and Game. Prior to grading permits,the project proponent will demonstrate to the City that 1)adequate provisions have been made in the plan to avoid the need for the required permits,or 2)said permit and agreement have been obtained. Any required permits will contain provisions and protocols for reconstruction and cleanup activities within jurisdictional areas should scouring of golf fairways occur during major storm events. Because turf is permeable, the conversion of approximately 77 acres of reservoir bottom and alluvial fan to turf,this is not anticipated to significantly increase runoff. The golf course design and maintenance plan will address minor amounts of erosion and flood inundation during storm flows within the debris basin. No structures are proposed behind the dam Design of the golf course will not compromise the level of flood protection afforded to downstream properties by the Tachevah Dam. Although new impermeable surfaces, such as parking areas, will result in minor increases in surface water discharge outside the dam at the Coler Estate,on site drainage improvements will result in a net decrease in the volume of storm water discharge thus providing improved flood protection to downstream properties. In addition, the following mitigation measures are incorporated into the project. 1. Unless all jurisdictional areas(Waters of the United States) are avoided, the applicant shall obtain a 404 Permit and a 1603 Agreement and shall implement all mitigation specified in these approvals. Proof that these permits have been obtained or that they,are not required shall be presented to the City prior to the issuance of grading permits. ' 2. The project applicant shall submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB)prior to the construction period. 3. The project applicant and project operators shall implement the construction site Best Management Practices (BMPs)and source control BMPs as described below,prior to issuance of occupancy permits and for the life of the project. • Construction Site RAM: Prior to the issuance of grading permits,the applicant shall obtain coverage under the State Water Resources Control Board General Construction Activity Storm Water Permit. The applicant shall ensure that a storm water pollution prevention plan(SWPPP)is prepared before construction begins, is implemented, and is maintained and shall be updated throughout the construction period. The SWPPP will identify potential pollutant sources on the site,show the location of management practices to be used to minimize erosion and sedimentation during construction, describe measures which eliminate pollution of storm runoff by any chemicals and materials used during the construction process,and shows areas of long-tern post-construction control measures. • Source Control BMPs: Development operators shall develop and implement procedures for the use, storage and disposal of cleansers,chemicals and materials which could potentially become pollutants. Implementation will include the training of staff. Pollution prevention plans shall include materials inventory, spill cleanup plans,maintenance of drainage facilities,irrigation management and careful and economical use of fertilizers,herbicides and pesticides in accordance with label instructions and ' Statement of Facts&Findings-18 City of Palm Springs __ Mountain Falls Golf Preserve Statement of Facts and Findings shall be submitted to the Department of Planning&Building for review and approval. On the golf course,irrigation water shall be monitored to(1)minimize the runoff of excess water,and(2) apply only as much water as needed by plants and to prevent salt buildup in the soil. 4. The golf course operator shall implement golf course drainage, irrigation, and chemical control BMPs in accordance with current professional practice and regional standards as set Borth in the Comity of Riverside and City of Palm Springs National Pollutant Discharge Elimination System(NIPDES)Drainage Area Management Plan(DAMP). BMP's shall be submitted to the Director of Planning&Building for review and approval. • monitoring of soil moisture as a criterion for application of irrigation water, ' • grading of golf course to contain runoff from the two-year storm within the golf course, • preservation of natural drainage courses through the golf course„ • grading of the golf course to minimize irrigation runoff to the natural watercourses,and • application of chemicals in accordance with label instructions and accepted local!practice. 5. The following drainage measures shall be applied during engineering design of the golf course: • Watercourses shall be left undisturbed or restored to close to natural conditions wherever possible. Field inspection indicates that the watercourses are stable, with little evidence of errosion or deposition of debris. Where preservation is not possible and adjustments are necessary to accommodate cart path or golf course requirements,erosion protection using local rock rip-rap should be used to preserve the natural watercourse appearance. • Approaches to culvert entrances shall be lined with local rock to resist erosion. The culverts shall outlet onto a substantial rock splash pad/energy dissipator to reduce velocities and minimise downstream erosion. • Tees and greens shall be located away from primary drainage features and elevated to clear frequent ponding events. • If any of the slopes to the west are graded to drain to the lake,local depressions shall be provided en route as necessary to remove suspended sediments and debris prior to discharge into the lake. ' • The low areas in Fairways 2 and 7 will be about 6 feet above the existing ground at the bottom of the reservoir. To the extent practical,the materials use to fill these areas should be as coarse and uniformly graded as possible to promote infiltration. • If the existing watercourses through the Practice Range and Fairway 15 are to be regraded and turfed, the potential for erosion shall be minimized by creating a wide,shallow swale for the watercourses, turfed with a tough,erosion-resistant grass(St.Augustine or equivalent). Also,if compatible with gold' design,slopes of the swale shall be reduced by the introduction of periodic transverse grade stabilizers made of local rock. 6. In order to reduce the potential volume of nitrogen leaching to the ground water because of fertilizer application, only slow-release or controlled-release formulations shall be used. Before any fertilizer applications commence, the nutrients already in the soil shall be analyzed. 7. The following Best Management Practices (BMP's) shall be utilized for pesticide products on common and other general landscaping and turf areas; • Applications shall be spot treatments and not broadcast applications. Statement of Facts&Findings-19 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings • Pre-emezgent products which are nearly insoluble such as Ronstar and Surflan shall be used for ground cover and shrub beds. I yt OMO\ • Dacthal,a herbicide,shall not be used at the project because of its mobility in sandy soils andNpotential for leaching to underlying aquifers. • Insecticide applications to turf areas shall primarily consist of Dursban, which is not readily transportable. At least two days shall be allowed after application of insecticides before irrigating the ' affected area. After treatment with 2,4-D;2,4-DP; and dicamba for control of broadleaf weeds,the area shall not be irrigated for at least 2 days. • Only light,frequent irrigations shall follow Dacond,a fungicide, application to greens and tees in order to prevent leaching of this product below the root zone. • Applications of pest management products shall be recommended by a licensed Pest Control Advisor (PCA), and applied by or under the direct supervision of a QAL. 8. The following BMP's shall be employed at the site for fertilizer products: • The use of slow release nitrogen sources such as Milorganite and ureaformaldchyde,shall be a priority, while the fast release sources shall be avoided as much as practical. • Application rates greater than 0.25 pounds of actual nitrogen per 1000 square feet(10.91bs/ac),using fast release sources of nitrogen shall be avoided. • Soil tests shall be conducted three times per year on greens and tees and once or twice per year on other turf areas to determine nitrogen requirements. 9. The QAL or QAC shall implement the following guidelines for the project site: • Storaee-Pesticides shall be stored in enclosed areas,on impermeable surfaces protected from rain. In case of rupture of storage containers, runoff shall be contained and properly disposed of in accordance with local,state and federal regulations. • Mixing and Loading - Precautions shall be taken to avoid spillage. If it occurs, the area shall be cleaned up as soon as possible. Spray tanks and other containers shall be triple rinsed and the rinsate transferred into another vessel for use on a target site. Rinsed containers shall be disposed of in accordance with local,state and federal regulations. Check valves or air gaps shall be used on filling pipes to prevent back flow of contaminated water into water supplies. • Application - Pesticides shall be selected, whenever possible, which will have low solubility and degrade rapidly in the soil. Spray drift shall be avoided. Pesticide use shall be reduced by integrating chemical control with other methods of control and then only when an actual need for it has been identified. The frequency of pesticide application shall be reduced whenever possible. • Disposal -Excess pesticides or pesticide mixtures shall be transported and disposed of at a Class I disposal site. It shall never be dumped onto the ground or into drains,sewers,etc. Irrieatfon Schedali;;-Excessive use of irrigation water after pesticide application and irrigation water runoff shall be avoided. ' Stafewnt of Facts&Findings-20 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings • Records -Records of the quantity and type of pesticides used shall be maintained on permanent file at the site. 10. The project applicant shall provide to the City Engineer a detailed hydrology report which addresses the adequacy of the existing catch basins including the length and location of the existing connector pipe and the proposed portion of Line 14 in Via Monte Vista along the project frontage. The City Engineer will determine the adequacy of these facilities and may require the project to construct the segment of Line 14 along the project frontage or supplement the capacity of the existing connector pipe if necessary. II. Prior to issuance of a grading permit,the applicant shall provide a Stormwater Pollution Prevention Plan to the ' City Engineering Division for review and approval. The plan shall consider the application of BMP's identified in the tables below. (Recommended Nonstructural BMPs `Junstra . nal RMPs Colt Course Condominium Res arrant Pythag i n[ J&int A klo Education of Management and Staff X X X X X Liner Control X X X X Landscape Management X X Irrigation Management X X Drainage System Maintenance X X X X X Sweeping X Chemical Application per label instruction X Underground Storage Tank Compliance X Spill Contingency Plan X Hazardous Materials Disclosure Compliance X Housekeeping of Loading Areas X X Recorn uded Routine Structural BMPs Roe ins Structural RMPS Golf Course Condominium Restaurant 2WJcing Tot Nlain Grading to Control Runoff X X Reservation of Natural Drainage X Control of Impervious Runoff X X X X X , Landscaped Areas for Filtration X X X X X Runoff-minimizing Landscape Design X X X X X Trash Container Drainage Controls X X X Efficient Irrigation X X X Wash Water Controls for X Food Preparation Area Dumpster Area Housekeeping X X Vehicle Cleaning and Repair X Area Management Motor Fuel Dispensing Area X Design and Management RISK OF UPSET Based on site reconnaissance,historical review of aerial photographs and contacts with pertinent agencies, there does not appear to be any existing surface or subsurface contamination of the site by hazardous materials. The proposed project will involve use of various fertilizers and pesticides on the golf course and landscaped portions of the condominium/clubhouse area as well as the storage on site of small amounts of gasolinc as fuel for landscape maintenance equipment. Hazards involving the use of pesticides include the potential for human exposure through airlxxrle or waterborne dispersion during and after application. Potential health risks could occur from accidental spill of fertilizers,pesticides and gasoline due to natural or human disturbance. Likewise,exposure of stared materials to rainfall could cause chemicals or petroleum products to enter surface runoff and be carried.into natural drainage courses. Statement of Fact,&Findings-21 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings qna y As for household hazardous wastes,residents and employees at the Clubhouse and Condominium units may use or store toxic substances such as paint and paint thinners,pesticides,cleaning solvents,motor oils,coolant,etc. Therefore,there is the risk of the release of hazardous materials in the event of an accidental spillage or during aerial application of pesticides. The potential for release of hazardous substances represents a potentially significant,but mitigable,adverse impact. Existing protocols already in place include compliance with applicable legislation dealing with the transport,handling, storage and disposal of hazardous substances,including compliance with CVAG's SRRE and HHWE,the obtaining of County of Riverside Department of Health Services(DOHS)permits which implement Titles 40 and 49 of the Code of Federal Regulations,the Palm Springs Fire Department protocols regarding above ground fuel tank design and usage, and all other applicable regulations. MANDATORY CEQA FINDINGS: Finding 21 Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Sttpnort of the Finding- In order to reduce the potential for human health hazards due to risk of upset,in addition to existing protocols contained in the City of Palm Springs Fire Code and Regulations and the Riverside County Department of Environmental Health Rules and Regulations,the following special mitigation measures shall be implemented. 1. Pesticides shall be applied only by trained professionals certified by State and County agricultural officials. Any pesticides used shall be applied to manufacturers specifications. 2. Pesticides shall be stored in enclosed containers on impermeable surfaces protected from rainfall, hi case of storage container rupture,runoff shall be contained, collected, and properly disposed of in accordance with local,state and federal regulations. 3. All other proposed practices and procedures contained in the projects Integrated Pest Management Plan(IPM) Plan related to application of pesticides and fertilizers, storage,and timing of application shall be followed to the maximum possible extent. SOCIOECONOMIC The project will create an estimated 39 permanent jobs (including 9 highly skilled and 12 skilled positions). It will provide employment opportunities associated with the golf course,clubhouse,proposed restaurant/bar,retail/rental sales. In addition,approximately 100 full-time job equivalents for construction workers and an estimated expenditure of over $20 million dollars for total project construction will result from project implementation. MANDATORY CEQA FINDINGS: Fin in 1• Impacts identified will not cause a significant impact on the environment. Facts in Support of the Finding- Assuming a worst-case scenario in which all project related employees reside within the City of Palm Springs, the additional residents produced by the project will generate an estimated 82 permanent residents within the City at buildout (condominium residents and employees). The estimated average number of people on the site at any one time will be 164(i.e.,visitors plus employees and condominium residents). Although the project may increase visitor and permanent Statement of Facts&Findings-22 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings populations due to its residential and recreational components, the magnitude of the project will not contribute to exceedance of local or regional population projections. No mitigation measures are recommended since the impact is not considered adverse or significant. LAW ENFORCEMENT The Palm Springs Police Department does not foresee any significant impacts to law enforcement services stemming from the proposed project. MANDATORY CEQA FINDINGS: ' Findin l Impacts identified will not cause a significant impact on the environment. Facts in Support of the Finding; No mitigation is required since the project will generate taxes that will contribute to the funding of police protection. Response times to the project site by the Palm;Springs Police Department are expected to fall within the Department's desired response times. Security issues related to building and project design are addressed in the City's Security Ordinance,and compliance with this ordinance will also work to mitigate impacts of new development related to design to a level of insignificance. No mitigation is therefore required. FIRE AND PARAMEDIC SERVICES The proposed project will increase the number of people visiting the area therefore it can be expected that there will be an increase in the number of calls for service. The Fire Department does not believe that such an increase in calls would be sizable enough to impact the Department's current station and personnel configuration. However,because of the golf course portion of the project is remote from emergency vehicle access points,medical emergencies are of concern. To mitigate this concern the Fire Department requests that an Emergency/Medical Response Plan be prepared for their approval. This plan would require that quick response vehicle(modified golf or service vehicle)especially equipped to carry stretcher/back board and other equipment be located at the starters building for use in transporting emergency personnel and/or retrieving stricken guests from remote areas of the golf course to a point on the property where BLS and ALS services can provide proper care and treatment. Further,the program would provide protocols for golf course management in handling fire and/or medical emergencies. MANDATORY CEQA FINDINGS: Finding2, Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (fire service,wildland fire hazards, design regulations,emergency access). Facts in Support of the Findine- Mitigation measures provided in the Final EIR require the project applicant to install automatic fire sprinkler systems in all structures,utilize fire-resistant exterior building materials per the Fire Department's regulations, include a fuel modification zone to reduce the risk of wildland fire, and design and construct all structures,landscaping, water mains, hydrants, automatic fire sprinkler systems and streets in accordance with Palm Springs Fire Department rules. The following mitigation measures are incorporated into the Final EIR for the proposed project. The following mitigation measures are incorporated into the project. 1. The project applicant shall design and construct all water mains, fire hydrants and on-site circulation in accordance with City of Palm Springs Fire Department rules and regulations prior to the issuance of building permits. Statement of Facts&Findings-23 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 2. The project applicant shall create and implement,with consultation and approval from the City of Palm Springs Fire Department,a fuel modification and maintenance plan which provides fire safety buffer treatments between natural open space and planned buildings and which provides for long term maintenance of the buffer,prior to the issuance of occupancy permits. Maintenance under the plan shall continue for the life of the project. /116� 3. Automatic fire sprinklers per City of Palm Springs Fire Department requirements will be required for all new structures associated with the project. This will be verified by the Fire Department. ' 4. The construction of this project shall utilize,to the extent feasible,non-combustible building materials,and fire resistant ornamental vegetation,subject to Fire Department approval prior to the issuance of building permits. 5. The project applicant shall create and implement,with consultation and approval from the City of Palm Springs Fire Department,a program that establishes methods and equipment(modified golf or service vehicle especially equipped to carry stretcher/back board and other equipment located at the starters building for use in transporting emergency personnel and/or retrieving stricken guests from remote areas of the golf course to a point on the property where BLS and ALS services can provide proper care and treatment)prior to issuance of occupancy permits. 6. Water service shall be available to the golf course area prior to the start of construction. PARKS AND RECREATION The project will include a 114.3 acre, 18-hole golf course and other recreational opportunities,which will be used in-lieu of the required parkland. In addition,most of the on-site residents and guests will use on-site recreational facilities. The General Plan bike trail symbol which bisects the site will be removed by a City sponsored General Plan Amendment as a separate action at a future date. The City has determined that the bike trail is not feasible at this location,because linkage to the north and south must occur across steep,rugged,dungenous slopes,has potential conflicts with equestrian trails and would cause intrusion into sheep habitat. In addition, the existing bike trail through the Las Palmas neighborhood will provide adequate bicycle linkages in the area. MANDATORY CEQA FINDINGS: Finding 2: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR(General Plan Amendment). Facts in RuRnort of the Finding- The following mitigation measure is incorporated into the project. 1. The City shall initiate a General Plan Amendment to remove the bike trail symbol from its' connection with the Carl Lykken Trail through the project. SCHOOLS The schools serving the project area are currently operating near capacity and certain grade levels are closed to new enrollment. Therefore, the PSUSD states that any development will have a potentially significant adverse impact on its facilities and ability to provide educational services in the K-5 levels at a minimum. To offset potential impacts to school facilities,the PSUSD collects a fee of$1.84 per square foot for new residential development and a fee of$.30 per square foot for commercial and industrial land development as stated in the District's 1996 Residential/Commercial School Fee Justification Study. Therefore, the District would collect $78,100 from the project at the current development fee collection amounts (the project will only contribute a very small number of additional students(10) to the District enrollment). The District is also in the process of updating its Long-Range Comprehensive Master Plan and is investigating possible future funding options. Statement of Facts&Findings-24 City of Palen Springs Mountain Falls Golf Preserve Statement of Facts and Findings MANDATORY CEQA FINDINGS: F•ndin Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(student generation). Facts in Support of the Finding-, The following mitigation measure is incorporated into the project. 1. The applicant shall be required to pay all state mandated developer impact fees prior to the; issuance of a ' building permit. LIBRARY FACILITIES MANDATORY CEQA FINDINGS: Finding 11: Impacts identified will not cause a significant impact on the environment. Facts in Support of the Finding; Property taxes generated by the project should be adequate to fund any Palm Springs Public Library expansions necessitated by the project. No mitigation measures are recommended since the impact is not considered adverse or significant. HEALTH FACILITIES MANDATORY CEQA FINDINGS: Finding I Impacts identified will not cause a significant impact on the environment. Facts in Support of the Finding- No significant adverse impacts are anticipated because service is adequate and can be expanded as needed in response ' to increased demand. No mitigation measures are recommended since the impact is not considered adverse or significant. PUBLIC TRANSPORTATION MANDATORY CEQA FINDINGS: Fin in 1. Impacts identified will not cause a significant impact on the environment. Facts in Support of the Finding; The project does not propose any uses, such at high density multifamily housing, which would significantly increase the need for public transportation in the area. Therefore, the project will not have any significant impacts on transit service and no special provisions for transit service are proposed as part of the project design. The applicant is required in the Memorandum of Understanding with the City to develop tie-in relationships with local hotels which may include shuttle service to transport hotel guests to the golf course. No mitigation measures are recommended since the impact is not considered adverse or significant. _ 02 i Statement of Facts&Findings-25 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings WATER SUPPLY & DEMAND pay The need to extend a water supply system to serve the project site represents a potential impact which can be mitigated by adequate planning and funding of infrastructure. The project will design, concoct, and fund an adequate water supply system to serve the potable and irrigation needs of the project. The project utilizes nonpotable irrigation water from the Whitewater Mutual Water Company and potable water from the Desert Water Agency. The project is required to connect with a reclaimed water system should one become available within one mile of the project site and to implement water conservation measures including the use of drought tolerant plant materials in landscaping. ' Development of the project will create an additional demand for an estimated 15,493 gpd(16.9 AFY)of potable water and estimated 515592 gpd(577.5 AFY)of irrigation water. The DWA indicates that the Coachella Valley groundwater basin is presently in an overdraft condition(i.e.,more water is being drawn out than is being replenished by natural sources of groundwater replenishment) and any project which uses additional groundwater will tend to aggravate the overdraft condition within the Coachella Valley groundwater basin. Although additional water usage would add to current overdraft conditions,DWA has indicated that they have adequate sources of water supply to serve the project and the rest of their respective service areas/customers including provisions for groundwater recharge well into the future. Consequently,the project alone will not result in significant impacts on water supply,however,when considered cumulatively with other urban development in the Coachella Valley,impacts on water usage are considered cumulatively significant and immitigable. MANDATORY CEQA FINDINGS: Findin • Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (demand for additional water supply infrastructure, adding to current overdraft conditions). Facts in Support of the Finding The project will participate in the regional water management and recharge program currently in place and operated by DWA and will incorporate water conservation methods into project design and operations. The following mitigation measures are incorporated into the Final EIR for the proposed project. 1. The project applicant shall provide all on-site water system improvements required to meet water supply needs for the proposed project,including fire flow,prior to the issuance of building permits. 2. The project applicant shall be responsible for paying all fees associated with on-site water service,prior to the issuance of permits to connect. 3. All appliances such as showerheads,lavatory faucets and sink faucets shall comply with efficiency standards set forth in Title 20,California Administrative Code,Section 1604(f). Title 24 of the California Administrative Code, Section 1606(b) prohibits the installation of fixtures unless the manufacturer has certified to the California Energy Conservation Compliance with the flow rate standards. Said facilities to be installed prior to issuance of occupancy permits. 4. The project's landscape plan shall incorporate drought tolerant plant materials and other methods to achieve water conservation to the maximum extent feasible. The plan shall be submitted to the Department of Planning &Building prior to the issuance of grading permits. 5. The project applicant shall participate in a reclaimed water program if reclaimed water lines are extended within one mile of the project site. This requirement shall be included in the Development Agreement. Statement of Facts&Findings-26 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings F.nd�ink Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such ether agency or can and should be adopted by such other agency(Cumulative water delivery infrastructure). Facts in Support of the Finding: The projected population of the Coachella Valley of 400,842 (CVAG estimate) will add to the cumulative need for infrastructure to provide water. Developers are generally required to contribute toward the cost of this infrastructure and to pay required fees which mitigate this potentially significant impact. As long as all involved jurisdictions link , development approvals to the provision of infrastructure,the potential lack of water infrastructure can he avoided. To assure that water districts can continue to provide adequate water for new development, cooperation between the districts,cities and private developers is required to assure provision of land for well sites and other water infrastructure. Finder Specific economic,legal,social,technological or other considerations,including provision of employment opportunities for highly trained workers,snake infeasible the project altematives identified in the Final EIR. Facts in Support of the Finding It is not feasible,at this time,to reduce the impacts on groundwater to a level of insignificance. To do so would require the establishment of growth limitations which would not be legally, politically or economically acceptable; such limitations are nor appropriate for this project alone since groundwater supplies are a regional concern. The groundwater withdrawal that is currently occurring is a result of many projects and agriculture using the water. Project denial will not reverse the groundwater withdrawal problem. Everything that can be done to limit project water consumption is being done. The City has weighed the impacts of the project on groundwater against fiscal benefit to the City and surrounding communities,recreational opportunities,jobs and housing for City residents,preservation in perpetuity of 215.39 acres of hillsides, and furtherance of City goals to develop a golf course at this local and has decided that the benefits of the project outweigh the potential impacts. This finding is consistent with the City's adopted policies, programs and community growth projections. WASTEWATER The proposed project would generate an estimated 7,975 gallons per day of wastewater to be carried by the City's sewer , system Project-related wastewater generation represents an insignificant increase over Curent daily average treatment levels of 8.5 million gallons and is well within current capacity. The project will not exceed treatment capacity or require new or expanded facilities. Therefore, the implementation of the proposed project development would not constitute a significant impact to wastewater facilities. MANDATOi2Y CEQA FINDINGS: Finding 2: Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR (wastewater collection and disposal). Facts in Support of the Finding; Because the project can connect to adequate sewer lines which are located adjacent to the project, no impacts with respect to wastewater collection will result from the project,however,the following measures will be implemented to ensure compliance with City policies identified in the General Plan. 1. Ile project applicant shall provide all on-site system improvements required to meet wastewater disposal needs for the proposed project in a staged fashion prior to issuance of building permits for each relevant phase of development. YAOV Statement of Facts&Findings-27 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 2. No off-site improvements to wastewater facilities have been identified at this time. Therefore,no additional ur fees are anticipated to fund major capital improvement projects for sanitary collection and disposal. The / 1 applicant shall,however,upgrade the existing sewer main in the vicinity of the project or construct a new feeder main to connect to the existing sewer line at the point of adequate capacity to accommodate existing and project related effluent. 3. The project applicant shall acquire and grant all easements to the City of Palm Springs for the maintenance of the sewer system serving the project prior to the issuance of grading permits. ' SOLID WASTE Upon buildout,the proposed Mountain Falls Golf Preserve would generate an estimated 130 tons per year of solid waste. The Edom Hill Landfill is currently permitted to accept 438,000 tons of waste per year. Project generated waste represents only 0.16 percent of this total which can be absorbed into the landfill with no significant adverse impacts. However, waste reduction measures will be required for the project to be consistent with General Plan policy and the Coachella Valley Association of Governments(CVAG)Source Reduction and Recycling Element. Additionally,it is estimated that the proposed golf course will generate 200 cubic yards of green waste per month. This figure would increase to 800 cubic yards for one month annually during course re-seeding. Therefore, there is the potential for up to 3,000 cubic yards per year of green waste to be disposed of at Edom Hill. However, green waste generated at the project site shall be separated by the landscaper and hauled to World Products in Thousand Palms. World Products separates the green waste into tree trimmings(i.e.,woody products and palm fronds)which it hauls to the Colmac Cogeneration Facility in Thermal, and fines (i.e., grass clippings and dirt) which it diverts to either the Whitefeather composting facility or the.Edom Hill landfill,both in Cathedral City. By implementing this mitigation measures for the life of the project,no additional burden to existing landfill capacity will result from green waste. Residents living at the project may use and/or store household hazardous waste. To mitigate significant impacts associated with this issue, the project's users of these substances will be required to comply with all applicable laws regarding use and disposal of hazardous substances. To ensure that hazardous wastes are not being disposed of in the municipal landfills,Riverside County has initiated a landfill load checking program at the landfills which it operates, including Edom Hill. Waste materials are periodically checked for unacceptable wastes. Given the low number of ' additional residences associated with the project relative to the hauling area for Edom Hill, and the fact that a load checking program is in place,there will be no significant impacts on the landfill due to household hazardous waste. MANDATORY CEQA FINDINGS: F•ndin Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(solid waste). Facts in Support of the Findinygi. hi addition to the Riverside County Landfill Loading Checking Program(to ensure that hazardous wastes are not being disposed of in municipal landfills),the following mitigation measures are required. 1. The project operator(s) shall participate in the Palm Springs curbside recycling collection program for the life of the project. 2. The project operator(s)shall be required to dispose of green waste at appropriate cogeneration and composting facilities for the life of the project. 3. During the life of the project, the project operator(s) shall comply with the requirements of the CVAG Integrated Waste Management Plan Source Reduction and Recycling Element (SRRE), CVAG Household Hazardous Waste Element(HHWE), and all other applicable regulations associated with solid and hazardous Statement of Face&Findings-28 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings substances on the site shall first obtain the required permits from the County of Riverside Department of Health Services (DOHS) and any other applicable permits for the life of the project and notify Palm Springs Fire Department. FJIIdiIIC3 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency(hazardous material/waste permits and cumulative solid/hazardous waste disposal). Fars in Support of the Finding- Development of the project along with other development in the Coachella Valley will result in approximately 400,842 (CVAG estimate)persons living in the Valley by the year 2010. This development and population will generate a significant amount of solid waste(estimated to be 969 tons/day based on national averages). Significant cumulative adverse impacts associated with lack of solid waste disposal capacity will result in the Valley unless additional capacity is provided before anticipated closure of the Edom Illll landfill in 2010, and unless all jurisdictions withal the Coachella Valley comply with the waste stream reduction requirements of AB 939. Development of the project along with other development in the Coachella Valley will also create a potentially significant,but m itigable,impact associated with the generation and disposal of hazardous waste. Future development in the Valley will generate hazardous waste and increase the need for safe conveyance and disposal of such waste. Compliance by cities and individual developments with the requirements of existing laws concerning the safe collection, recycling,treatment and disposal of hazardous waste by all development in the Valley will avoid adverse health affects and contamination associated with improper disposal of such wastes. As necessary,the project applicant or resort operator shall obtain all applicable hazardous material/waste permits from the County of Riverside Department of Health Services. ELECTRICITY The project was estimated to consume 502,2801dlowatt hours of electricity per year. This is a small increase in relation to the 148.9 billion kilowatt hours of electricity which SCE provides annually within Southern California. However, , the energy consumption of new buildings in California is regulated by the State Building Energy Efficiency Standards, embodied in Title 24 of the California Administrative Code. The efficiency standards apply to new construction of both residential and non-residential buildings and regulate energy consumed for heating,cooling,ventilation„water heating and lighting. The Building Efficiency Standards are enforced through the local building permit process. Therefore, the project proponents must comply with Title 24 standards, thereby reducing any associated impacts'. to a level of insignificance. MANDATORY CEQA FINDINGS: Findine 22- Changes or alterations have been required in,or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(electrical system). Facts in Su=rt of the Findi_w No significant adverse impacts will occur on electricity demand as a result from project implementation, however, mitigation measures incorporated into the Final EIR and existing protocols of the City and relevant utility purveyor requires the project applicant to pay for all off and on-site improvements necessary to prov side electricity and natural gas to the project, underground all electrical lines on-site and demonstrate to the City that proposed structures are in compliance with Title 24. The following measures are incorporated into the project. 411�31 :statement of Facts&Findings-29 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 1. As determined by Southern California Edison(SCE),the project applicant shall be responsible for paying the costs of the electric improvements serving the site,prior to the issuance of building permits. 4 A 2. Prior to the issuance of building permits,the applicant,in cooperation with SCE,shall identify any electrical easements which may be required for the proposed project. All facilities shall be located within public rights- of-way or dedicated public utility easements. Any cost of right-of-way acquisition shall be paid for by the developer. NATURAL GAS & PETROLEUM The project will create an additional demand for approximately 2,000,796 CF/year of natural gas and consume an estimated 524 gallons per day of gasoline. This potential consumption of natural gas and gasoline by the project is only a minor incremental increase in consumption and is not considered significant. However,development of the project will require the construction of new infrastructure within the project site to serve the condominium units and maintenance building. The lack of natural gas infrastructure serving the site represents a potentially significant adverse impact. Therefore,the project applicant will be required to provide funding for natural gas service to the site. MANDATORY CEQA FINDINGS: Finding27 Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(natural gas infrastructure). Facts in Support of the Finding- No significant adverse impacts will occur on natural gas supply or distribution as a result of project implementation, however, mitigation measures incorporated into the Final EIR and existing protocols of the City and relevant utility purveyor requires the project applicant to pay for all off and on-site improvements necessary to provide natural gas to the project. The following measures are incorporated into the project. 1. Prior to issuance of building permits,the applicant,in cooperation with the Gas Company,shall identify any natural gas easements which may be required for the proposed project. All facilities shall be located within public rights-of-way or dedicated public utility easements. TELEPHONE AND CABLE Buildout of the project areas will add to the overall demand for telephone and cable television services. GTE has indicated that they can provide telephone service for the project with reinforcement of existing facilities. Extension of telephone service can be provided subject to GT0s cost recovery rules and providing the proper advanced notice is provided to GTE. The cost of improving the system if deemed necessary will be home by the developer,with possible reimbursement by GTE. Cable television lines will also be required to serve the site,but will be installed along with the telephone system improvements,therefore,not resulting in a significant adverse impact. MANDATORY CEQA FINDINGS: Finding 2: Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR(telephone infrastructure). Facts in Support of the Finding; No significant adverse impacts will occur to telephone or cable television systems as a result of project implementation, however,mitigation measures incorporated into the Final EIR and compliance with existing protocols of the City and relevant utility purveyor will ensure that all off and on-site improvements necessary to provide these services to the project are provided. The following measures are incorporated into the project. ' Statement of Facts do Findings-30 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings 1. The applicant shall notify GTE and Time Warner Cable of their intentions to develop property as early in the planning process as possible and shall enforce GTE's cost recovery rules to mitigate impacts on GTE's capital expenditures and on capital works platuting. 2. The applicant shall be required to continue to cooperate with GTE and Time'warner Cable concerning the construction of new underground utility lines. 3. The applicant shall be required to underground existing overhead utility lines in accordance with City ordinance ' and/or as determined by the formation of an undergrounding district with adjacent property owners. LAND USE General Plan Land Use designations for the project site are Golf Course, Watercourse (W), Very Low Density Residential(L-2)two dwelling units per acre, and Conservation(C).The project is zoned for Watercourse(W); Open Land (0-20 allowing 1 du/20 acres), Single Family Residential (R-1-B with minimum 15,000 square foot lot); and Watercourse(W). The project proposes twenty new condominium units, a golf course wil:h new fairway playing areas, new maintenance building, new parking areas and an existing residence/guesthouse converted to clubhouse uses (including pro shop,restaurant and bar). The City has determined that these proposed uses,including the golf course with accessory components,are consistent with the City's General Plan land use designations and Zoning Ordinance. Land uses surrounding the project include vacant mountainside north,south and west of the project boundaries and an established single family residential neighborhood(known as Las Palmas)and several custom hillside homes cast and north of portions of the project. Most of the project site is physically separated from adjacent residential uses by the Tachevah Dam,a rock faced embankment averag'mg 35-45 foot high by 150-200 feet wide;over most of its length.The project would introduce a golf course behind the dam and a clubhouse complex,20 two-story residential condominium units, a maintenance building and parking areas outside the dam. MANDATORY CEQA FINDINGS: Finding 11 c Impacts identified will not cause a significant impact on the environment. Facts in Sunoort of the Finding_ ' Land use compatibility is a function of land use and an expression of environmental impact. If there is no environmental impact of one adjacent use on another,then land uses are deemed compatible. If significant impacts occur,then land uses are deemed incompatible unless mitigation is required which reduces the impacts to acceptable levels.The proposed project is consistent with the City of Palm Springs General Plan and Zoning Ordinance thus indicating that the golf course was foreseen as being generally compatible:with adjacent uses at this location. Accessory commercial uses such as a clubhouse,restaurant,and retail pro shop were anticipated uses when designating a golf course on the General Plan. The approval of the Conditional Use Permit represents the City's thorough consideration of all factual! information presented in conjunction with this project and its reasoned judgement that, with the environmental mitigations imposed and conditions of approval required,this specific project is a compatible use at this specific location. The issue of land use compatibility,including the proximity of the Clubhouse and parking areas to adjacent residences on the north, were discussesd in detail in the EIR and at public hearings on the project. All environmental topics evaluated this condition in accordance with CEQ.A guidelines and no significant impacts were identified. Beyond this, the EIR also evaluated consistency with City General Plan policy and the potential for"nuisance"impacts. As a result of this analysis,the project was required to incorporate a block wall next to adjacent residences, lower grades in the key parking areas to improve sound attenuation, and use low profile lighting of parking areas to reduce spill light. In addition,operational restrictions on the use of outdoor loudspeakers and amplified music arid restrictions on the hours of operation of the clubhouse(sunrise to one hour after sunset)were imposed. These detailed mitigations were included under the appropriate environmental topic. Statement of acts&F�s-31 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings ALTERNATIVES TO THE PROPOSED PRO iF, T V 9J zY As required by Sections 15126(f)and 15126.2 of the California Environmental Quality Act, a range ofallteern✓atives to the proposed project have been described and analyzed. The alternatives selected,other than the proposed project,were chosen to examine the effects across the range of issues of a no project alternative, avoiding impacts to hillsides, eliminating the golf course component of the project, avoiding impacts to jurisdictional waters,removing a parcel of Indian land from the project, and locating the project on another site to avoid impacting Peninsular Bighorn Sheep habitat. A total of six alternatives were evaluated in the EIR. Alternative#1 -No Project The No Project Alternative assumes two different development scenarios for the project site; the first one considers No Project-No Development. This scenario assumes that no development would occur and that the property would remain in its existing condition. This alternative is considered the environmentally preferred alternative based on the fact that none of the impacts associated with the proposed project or other alternatives would occur, including aesthetic and biological issues and associated increases to traffic,noise and short term air emissions. The second scenario considers No Project - Existing Plans; which would develop the site under existing General Plan designations including "Conservation", "Watercourse"with Golf Course symbol, and"Very Low Density(2 du/acre)Residential"resulting in an identical land use scenario as the proposed project. Therefore, the project itself is representative of what would occur with development which implements the City's existing General Plan and zoning. MANDATORY CEQA FINDINGS: Finding 4- Specific economic,legal,social, technological or other considerations,including provision of employment opportunities for highly trained workers,make infeasible the project alternatives identified in the Final EIR. Facts in Support of the Finding- To the extent that the No Project-No Development alternative deprives the property owner of all reasonable use of his property (including a reasonable density allowed by the General Plan on the Coler Estate), it might be considered a "taking"which would subject the City to liability under the United States and California Constitutions. Implementation of this alternative is therefore not considered a"reasonable"or lawful alternative. Also, this alternative meets none of ' the objectives of the project. Approval of this alternative has been weighed against project benefits such as providing jobs, recreational opportunities and tax revenues and implementation of the General Plan objective which calls for development of a golf course on the project site near downtown Palm Springs to facilitate downtown revitalization; the City regards the benefits of the project as outweighing those of the alternative. Alternative#2- Golf Course Off Hillside This alteatative would result in the construction of the Clubhouse complex,condominium units and maintenance facility as proposed but would construct three new holes extending outside the debris basin on adjacent property to the north in place of the 13, 14,and 15's Golf Holes proposed by the project,which project into the adjacent hillside. The visual character of the hillside would remain unchanged, archaeological site CA-RIV-6033 would be undisturbed and more natural hillside biological habitat would be preserved. Also, the existing hiking/equestrian trail which traverses the middle elevations could be retained without the need for any realignment. MANDATORY CEQA FINDINGS: Finder Specific economic,legal,social,technological or other considerations, including provision of employment opportunities for highly trained workers,make infeasible the project alternatives identified in the Final EIR. Statement of Facts&Findings-32 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings Facts in Support of the Finding: While this alternative would reduce imparts to visual and biological resources in the hillsides, it would result in exposure of additional residences to noise from golf course maintenance operations since the golf course would extend outside the debris basin into residential areas northeast of the project. This alternative would also have an increased potential to disturb cultural/historic resources because the parcel of land proposed for the golf course expansion has not been surveyed. While hillside open space would be preserved, this alternative would result in elimination of additional biological habitat in alluvial areas at the base of the hills. This alternative would also require the project proponent to acquire additional lands which are not under his ownership or control, some of which is currently proposed for ' subdivision as Tentative Map 28668 and may not be available for purchase. For these reasons,this alternative is not considered environmentally superior since it exchanges some environmental impacts for others or"feasible" since it relies on properties which are outside the control of the applicant. Alternative#3 -Residential Only This alternative would consist of seventeen 15,000 square foot lots subdivided within the;existing 8.5 ache Coler Estate and would involve no golf course construction. The 1.77 acre parcel of Indian land could accommodate 3 additional housing units for a total of 20 residential units. Golf course related traffic,while not significantly impacting the level of service for affected roadways,would be removed)under this alternative. Operational noise associated with the golf clubhouse,maintenance activities and parking lot would be eliminated. Construction impacts would be;reduced since the golf course would not be constructed resulting in substantially less grading and construction equipment emissions. Additionally,the visual character of the hillside would remain unchanged, archaeological sites CA-RN-6033 and CA- RIV-6038H would be undisturbed and more natural open space for biological habitat would be preserved. Also, the existing hiking/equestrian trail which traverses the middle elevations could be retained without the; need for any realignment. This alternative would be less intense then the proposed project and there would be no land use compatibility issues. Finder Specific economic,legal,social,technological or other considerations,including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Supoort of the Finding; ' This alternative does not meet the applicant's objective to develop a golf course near downtown Palm Springs with a golfing experience"which combines superior play over variable terrain,sweeping valley views, and minimal wind in close proximity to a rugged hillside desert environment"nor does it promote the City's objectives of implementing the Ge ncral Plan by developing a golf course in the Tachevah Debris Basin,promoting downtown revitalization,expanding the City's tax base or providing increased recreational opportunities for its residents. Approval of this alternative has been weighed against project benefits such as providing jobs, recreational opportunities and tax revenues and implementation of General Plan land uses; the City regards the benefits of the project as outweighing those of the alternative. Alternative#4 - Avoidance of Jurisdictional Waters This alternative assumes that the project would be built as proposed,however,Hole 15 and the proposed driving range would be reconfigured to avoid any disturbance to"Waters of the United States."This alternative would remove the need to obtain a 404 permit from the Army Corps of Engineers and a 1603 agreement from the California Department of Fish and Game. This alternative would be of a similar intensity to the proposed project,therefore,environmental impacts and land use compatibility issues with adjacent properties would be similar. M3s ,Statement of Fads&Findings-33 ' City of Palm Springs Mountain Falls Golf Preserve Statement of Facts'and Findings MANDATORY CEQA FINDINGS: Y 1i 3U Finding 2, Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding, This alternative would be environmentally superior to the proposed project and is recommended for approval in place ' of the proposed project. This alternative meets all the objectives of the City and the project applicant since it would allow development of all land uses proposed by the project and fully implements the General Plan. It is also environmentally superior to the project since it avoids disturbance of natural drainage courses. Therefore, this alternative is recommended in place of the project. Alternative#5 -No Indian Land This alternative assumes the project would be developed as proposed,however,the 1.77 acre parcel of Indian land(Agua Caliente Band of Cahuilla Indians Allottee)located on the northeast comer of the project site would be removed from the project and subdivided as three(3)single family residential lots adjacent to golf hole#3. MANDATORY CEQA FINDINGS: Finding 21 Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Sunnort of the Finding; This alterative would facilitate development of the proposed project and is recommended for approval in place of the proposed project. This alternative meets all the objectives of the City and the project applicant since it would allow development of all land uses proposed by the project and fully implement the General Plan. This alternative would facilitate project development by eliminating an unnecessary parcel from the project which could be used for additional residential development,thus increasing the City's potential housing stock. Therefore,this alterative is recommended ' in place of the project. Alternative#6 -Avoidance of Sheep Habitat This alternative assumes the project as proposed would be relocated in its entirety to another site on the valley floor,east of Highway I11, which is removed from the base of the San Jacinto Mountains. Relocation of the project to an alterative site will entirely avoid potential cumulative impacts on the Peninsular Bighorn Sheep,however,potential biological impacts to other sensitive or endangered species such as the desert tortoise found on alluvial areas in the Coachella Valley may be increased. This alternative site has less potential to disturb cultural/historic resources than the proposed project because it lacks water sources,substantial vegetation and game which would have attracted Indian usage. Several other offsite locations capable of accommodating the project were considered and rejected as infeasible. No other comparable sites nearer to the downtown area were identified. MANDATORY CEQA FINDINGS: Finder Specific economic,legal,social,technological or other considerations,including provision of employment opportunities for highly trained workers,make infeasible the mitigation measures or project alternatives identified in the Final EIR. Statement of Facts&Findings-34 City of Palm Springs Mountain Falls Golf Preserve Statement of Facts a,nd Findings Facts in Support of the Finding This alternative site would accommodate substantially all of the uses proposed in the project. However,this alternative does not meet the objectives of the project applicant to develop a golf course near downtown:Palm Springs with a golfing experience "which combines superior play over variable terrain, sweeping valley views, and minimal wind in close proximity to a rugged hillside desert environment" nor the City's goals of implementing the General Plan through development of a golf course located adjacent to the downtown to facilitate downtown revitalization. This site is also closer to the Banning Branch of the San Andreas Fault and the Blowsand Hazard Zone. The:detrimental effects of wind on the golfing experience would be much more pronounced at this location making it less conducive to golf course ' development. This alternative would also require the project proponent to acquire additional lands which are not under his ownership or control. Therefore,the alternative may not be feasible since it relies on properties which are outside the control of the applicant. Also, approval of this alternative has been weighed against project benefits such as downtown revitalization and implementation of General Plan land uses,and the productive use of"nonproductive"land (the Tachevah Debris Basin); the City regards the benefits of the project as outweighing ithose of the alternative. Alternative V-Proposed Project This is the proposed project described and analyzed in the Draft Environmental Impact Report (EIR). The impacts of this alternative and associated mitigation measures are addressed above in the Statement of Facts and Findings. 3 � Statement of Facts&Findings-35 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report MITIGATION MONITORIN(' PRO RAM EXHIBIT B EDE MOUNTAIN FALLS GOI F PRESERVE ENVIRONMENTAL IMPACT REPORT The California statutory legislation (A.B. 3180, CORTESE) requires responsible agencies to adopt monitoring and reporting programs to ensure that mitigation measures contained in Environmental Impact Reports are effectively implemented. This document is designed to ensure that mitigation measures contained in the Mountain Falls Golf Preserve Environmental Impact Report are properly monitored to ensure that effective implementation occurs. This program(consisting of this narrative text and the following forms)has been designed so that the mitigation measures contained in the Mitigation and Reporting Monitoring Program are all listed sequentially as they occur in the Environmental Impact Report. For each mitigation measure, the program specifies a City department or other agency which will be responsible for monitoring a particular mitigation measure. The program provides the time or times that each mitigation measure will be monitored. The form provides an opportunity for the department listed as responsible for monitoring the implementation of a mitigation measure to indicate whether the measure has been implemented satisfactorily and to provide the date of the assessment, along with a signature to indicate that implementation has or has not been accomplished. If there is any question as to the correct interpretation of a mitigation measure, the Environmental Impact Report should be consulted to see whether the text contains information on how to correctly interpret that mitigation measure. Should the Environmental Impact Report not provide the required clarification, the City of Palm Springs Director of Planning &Building shall be the final authority on how the mitigation measure is to be interpreted. Decisions made by the Director may be appealed through the usual course of administrative appeals. Should the person or persons responsible for monitoring the implementation of a mitigation measure find that satisfactory performance of the mitigation measure has not occurred, this is to be documented as a finding and signed by the responsible individual(s). A copy of the completed page of the mitigation monitoring program which contains the mitigation measure which has not been satisfactorily implemented must be transmitted to the Director of Planning & Building. In no case shall an approval be granted which is contingent upon implementation of a mitigation measure ' without written indication from the person or persons responsible for monitoring them ligation in that the m ligation measure has been satisfactorily implemented. A copy of the page of the monitoring program which contains the mitigation measure in question, completed and signed by the responsible persons(s) and indicating effective implementation, shall constitute written indication. A copy of this Mitigation and Reporting Monitoring Program is to be provided to each person or department listed as responsible for monitoring a mitigation measure. A person in a department is responsible for ensuring the monitoring of mitigation measures alongside which that department is listed. Where two or more persons or departments are listed as responsible for monitoring, all findings of satisfactory implementation of mitigation measures are required before approvals contingent on implementation of mitigation measures are granted. A Department of Planning & Building staff member shall hold a Department meeting to evaluate the efficiency of the Mitigation and Reporting Monitoring Program. Those responsible for ensuring that mitigation measures are implemented will submit a brief report to the Director of Planning & Building outlining the effectiveness of the implementation measures. The Department meeting is required to be scheduled prior to issuance of grading permit. Subsequent Department meetings should be scheduled as deemed necessary by Department staff. Along with the staff report, a summary of the findings from the Mitigation and Reporting Monitoring Program shall be submitted to the Planning Commission,which shall in turn report on the effectiveness of the Mitigation and Reporting Monitoring Program to the City Council with recommendations to rectify difficulties raised. yPYI ' Dudek&Associales,Inc. Miligafion Moniloring Program- I City of Palm Springs Mountain Falls Golf Preserve,linvironmental.lmpact Report TRAFFIC AND CIRCULATION Y&O", 1. Measure: The project proponent shall improve Via Monte Vista along the project frontage,to the engineering standards for collector streets of the City of Palm Springs. Implementation: Prior to issuance of a grading permit, street improvement plans showing required improvements to Via Monte Vista shall tie submitted to the City's Engineering Division for review,and approval. Compliance Record: ' Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 2. Measm: The project proponent shall provide a total of 289 on-site parking sp=s to accommodate each use proposed on-site,including golf,resident,employee and special event parking needs. If any special events(e.g. golf tournaments)occur which could generate a significant increase in parking demand(which could exceed the available parking supply on-site) the golf course management shall arrange for valet parking to increase the density of parked cars and/or provide enough additional off-street parking to ensure that no on-street parking occurs in the adjacent neighborhood, as a Condition of Approval associated with the Conditionad Use Permit. Implementation: Prior to issuance of grading permit,a site plan showing the required parking provisions shall be submitted to the City of Palm Springs Department of Planning&Building. Prior to issuance of occupancy permits verification of the availability of valet parking shall be submitted to the Department of Planning & Building. Compliance Record: Timing: Prior to issuance of grading permit. Prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 3. MeasHre: A STOP sign shall be installed to control exiting site traffic and clear unobstructed sight distance shall be provided at the site driveway in a manner that meets the engineering standards of the City of Palm Springs. Impgm n a ion: Prior to issuance of grading permits,the applicant shall prepare a traffic control plan and site distance analysis for the project entry which is satisfactory to the City's Engineering Division. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 4. Measure: A STOP sign shall be installed facing westbound traffic on Crescent Drive at Via Monte Vista (opposite the site entry). The limit line for the STOP sign shall be located far enough west to allow stopping motorists a clear view of Via Monte Vista to the north. The STOP sign shall. also include a warning sign Dudek&Associates,Inc. Wigadon Monitoring Program-2 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report indicating that doss traffic on Via Monte Vista does not stop. In addition, the City Engineer may require a street light at this corner so that the alignment of the street would be better illuminated for guests that approach the site after dark. ?mplem n ntion: Prior to issuance of occupancy permits, the applicant shall prepare traffic signage and lighting plans which are satisfactory to the City's Engineering Division. Compliance Record: Timing: Prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 5. Measure: Entry monumentation that does not interfere with sight distance or turning movements shall be incorporated in the project entrance planning. Landscaping shall be provided that is appropriate to the entry and complies with City's sight distance requirements. The final design for the project entrance and corresponding entry lighting has not been developed to date but shall be developed to the engineering standards of the City and shall be reviewed by the City Engineer and Director of Planning& Building prior to the issuance of a grading permit. Implementation: Prior to the issuance of building permits, the applicant shall submit a final site plan and landscape/rrigation plan showing design of the project entrance,including entry lighting,to the City Engineer and Director of Planning&Building for their approval. Compliance Record: Timing: Prior to the issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building,Engineering Division. ' Date Completed: 6. Measure: The project proponent shall relocate the existing equestrian hiking trail on-site to accommodate the golf course,as required by the City and designed by a City approved trail planner. IM&M ntation: Prior to the issuance of building permits, the applicant shall submit a final site plan which identifies the proposed relocation of the existing equestrian/hiking trail to the Department of Planning&Building and Parks and Recreation. Trail alignment must be determined by a City approved trail planner/builder. Compliance Record: Timing: Prior to the issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: Y5 7. Measure: The project proponent shall close the eastbound lane of West Chino Drive if determined to be necessary by the City Engineer in order to direct project traffic to the main access route along West Alejo Road and reduce intrusion into residential areas. This issue shall be monitored after project completion and,if there ' Dudek&Associates,Inc. Mitigation Monitoring Program-3 City of Palm Springs Mountain Falls Golf Preserve Environmental hnpact Report is a demonstrated negative impact due to traffic intrusion and strong neighborhood concern its voiced, the developer shall be required to design and construct, at no cost to the City, the required street closure. This condition shall be addressed in the project development agreement whereby funding is established. VAN rmnlgm n a ton:Throughout life of project,the Engineering Division shall review complaints received from Las Palmas residents about golf course traffic using West Chino Drive. If the City Engineer determines that a demonstrated negative impact related to traffic intrusion is occurring,the applicant shall be required to design and construct the required street closure. City Council approval of street closures is required. Compliance Record: ' Timing:Review by the Engineering Division if neighborhood complaints are received-on-going. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 8. Measure.: The project proponent shall contribute traffic impact mitigation fees, as specified by the TUMF program. Implementation:Prior to the issuance of building permits,the project proponent shall be required to pay required TUMF fees. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 8a. Measure: No roadway improvements off site are required to provide adequate levels of service under year 1998 , conditions or year 2010 conditions. A. STOP sign shall be installed to control exiting site traffic and clear unobstructed sight distance shall be provided at the site driveway. A STOP sign shall be installed facing westbound traffic on Crescent Drive at Via Monte Vista(opposite the site entry).. Implementation: Prior to issuance of grading permits,the applicant shall prepare,traffic signage plan which is satisfactory to the City's Engineering Division. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 8b. Measumfhe City of Palm Springs has adopted a Transportation Demand Management(TDM) Ordinance. The project will comply with all applicable provisions of the City's adopted TDM ordinance. Implementation:No action is required since the project does not have 100 or more employees. Dudek&Associates,Inc. Mitigation Monitoring Program-4 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Compliance Record: Timing: Prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 9. Measure: If determined by the City Engineer the project proponent shall re-stripe the intersection of North Vine and West Chino Drive to connect the centerline of West Chino Drive(west leg of intersection),and North Vine Avenue(south leg of intersection). In addition,a warning sign showing the diversion of traffic onto Vine Avenue shall be posted on eastbound West Chino Drive. The developer shall submit a striping and signage plan for review and approval by the City Engineer. Implementation:Prior to issuance of grading permits,the City Engineer shall determine whether restriping of the above streets is necessary. If so determined,the applicant shall submit a striping and signage plan to the Engineering Department for approval. .Compliance Record: Timing:Prior to issuance of grading permits. Monitoring Entity:City of Palm Springs Engineering Division. Date Completed: 10. M ac�t�*e: The project applicant shall work with the City of Palm Springs and Riverside County Flood Control and Water Conservation District(RCFCWCD)to grant appropriate access easements to the owner of the 1.2 acre "not-a-part"parcel within the project boundary,if required. Implementation:Prior to issuance of a grading permit,the applicant,working with the City of Palm Springs Department of Planning&Building and the Riverside County Flood Control and Water Conservation District, shall grant appropriate access easements which ensure compliance with the above measure. Compliance Record: Timing:Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building Date Completed: AIR QUALITY 1. Measure: The construction specifications will include measures to prevent excessive air pollutant emissions and ensure that the contractor will perform as follows. • Use appropriate emission control devices on gasoline and diesel construction equipment and maintain construction equipment engines by keeping them tuned. • Prohibit idling and other unnecessary operation of equipment; y 6 7 s • Utilize existing power sources(i.e.,temporary power poles) and avoid on-site power generation. Dudek&Associates,Inc. Mitigation Monitoring Program-5 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report VA Y� • Have sufficient equipment at the site to carry out dust-control measures in all areas covered by the contract work(not just the immediate area of construction), • Employ construction activity management techniques,such as: configuring the construction parking to minimize traffic interference; extending the construction period; reducing the number of pieces of equipment used simultaneously; increasing the distance between the emission sources; and reducing or changing the hours of construction; to minimize construction activity emissions. • Maintain all work and access areas free from dust. • Cover loaded trucks used in construction operations with tarpaulins and wash off trucks leaving the site. • Sweep strws if silt is tamed over to adjacent public thoroughfares. • Water dust-generating surfaces at intervals to keep all parts of the disturbed area continuously damp. • Water the site and clean the equipment in the morning and evening. • Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic Manes,particularly when extending the 12-itch irrigation pipeline through the adjacent neighborhood. • Construction activities should be scheduled to occur first on the upwind portion of the project site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. • Develop a traffic plan to minimize;traffic flow interference from construction.activities including advance public notice of routing. Implementation: Prior to the issuance of grading permits, the project proponent shall submit construction specifications to the Engineering Division which require the contractor to implement the above referenced air quality measures. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning & Building,Engineering Division. Date Completed: 2. fig: Cut and fill quantities shall be balanced on-site. Implementation:Prior to the issuance of grading permits,a final grading plan showing balanced earthwork on site shall be submitted to the Department of Planning&Building and the Engineering Division far review and approval. Compliance Record: Timing:Prior to the issuance of grading Ixtmits. Monitoring Entity: City of Palm Springs Engineering Division. Dudek&Associates,Inc. Mitigation Monitoring Program-6 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Date Completed: 3. Measure: The proposed project shall comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code which establishes minimum requirements for construction activities to reduce fugitive dust and PM10 emissions. A plan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the Building Official for approval prior to the issuance of any grading permits associated with the project. The plan shall specify the fugitive dust control measures to be employed. ' Imple : Prior to the issuance of grading permits,the applicant shall submit a detailed plan to control fugitive dust,which complies with the provisions of Chapter 8.50 of the Palm Springs Municipal Code,to the City of Palm Springs Building Official for approval. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building,Engineering Division. Date Completed: 4. Measure: The project applicant shall comply with all applicable SCAQMD Rules and Regulations. In particular,SCAQMD Rule 403 shall be adhered to,insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile,or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. Implementation: The project applicant shall be required to ensure that SCAQMD Rule 403 is adhered to, cosuring that construction-related dirt on approach routes to the site is removed,the wheels and lower portions of transport trucks shall be sprayed with water before they leave the construction area, and when local winds exceed 25 m.p.h. or during first or second stage ozone episodes,grading operations shall either be suspended, ' or the soils shall be watered down not more than fifteen minutes before they are moved. The project's construction manager shall ensure that these mitigations are implemented. Compliance Record: Timing: Prior to issuance of grading permits,during grading on a daily basis,during construction on a daily basis. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning & Building,Engineering Division. Date Completed: 5. Measure: A suitable dust control deposit as determined by the City's Building Official shall be required and made prior to grading or demolition permit issuance. Implementation: Prior to issuance of grading or demolition permits, the applicant shall deposit funds in an amount determined by the City's Building Official to guarantee the implementation of dust control measures. Compliance Record: Timing: Prior to grading or demolition permits issuance. y p y 1 Dudek&Assocwtes,Inc. Mitigation Monitoring Program-7 City of Palm Springs Mountain Falls Golf Preserve ls""nvirownental Impact Report Monitoring Entity:City of Palm Springs Engineering Division,Building Official. Date Completed: 6. Measure: Adequate watering techniques shall be employed to partially mitigate the impact of construction- generated dust particulates. Portions of the project site that are under-going earth moving operations shall be only watered such that a crust will be formed on the ground surface and then watered again at the end of the day. Implementation: Inning grading and construction activities, a periodic site visit by a City Building Official will , be conducted to ensure that the mitigation measures described above are adhered to by the project's construction manager. Compliance Record: Timing: During grading on a daily basis,during construction on a daily basis. Monitoring Entity: The project's construction manager,City of Palm Springs Building Official. Date Completed: 7. Measure: Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion.. Necessary irrigation systems shall be installed as soon as possible to maintain the ground coves and minknize wind erosion of the soil. ImIlItmentation:During grading and the initial construction phase,the above mitigations will be implemented by the project's construction manager to minimize wind erosion associated with.these activities. Compliance Record: Timing:As soon as possible during grading and the initial construction phase. Monitoring Entity: The project's construction manager,City of Palm Springs Building Official,Department of ' Planning&Building. Date Completed: 8. Mew: Any construction access roads(other than temporary access roads)shall be paved as scan as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 MPH. Implementation: Construction access shall be noted by the applicant on grading plans and submitted for approval to the City Engineer. The project's construction manager shall be required to comply with the above measure throughout the entire construction phase. Compliance Record:As soon as possible during the grading and construction phase. Timing: Prior to issuance of grading permits,during grading on a daily basis, during construction on a daily basis. Monitoring Entity: The projects construction manager, City of Palm Springs Engineering Division,Building Official. Date Completed: Dudek&Associates,Inc. Mitigation Monitoring Program-8 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report 9. Measure: Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH,per the PM10 SIP. Implementation: If and when fast or second stage ozone episodes occur and when local winds exceed 25 mph, the project's construction manager shall suspend grading operations until such a time when these conditions no longer exist. Compliance Record: ' Timing: If and when second stage ozone episodes occur and when local winds exceed 25 mph. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning & Building,Building Official. Date Completed: 10. Measure: Any construction equipment having diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05%sulfur and a four degree retard. Imnlementation: Prior to grading and construction, the project's construction manager shall provide documentation from the fuel source that the fuel has less than the maximum sulphur content and records indicating the timing of engir`es has been checked by a qualified and licensed mechanic. The project's construction manager shall submit this documentation to the Engineering Division. Throughout the construction period on a daily basis, the project's construction manager shall ensure that this measure is complied with and shall submit a bi-weekly construction monitoring report for review by the City Engineer,which demonstrates compliance with this measure for the duration of the construction process. Compliance Record: Timing: During construction,on a daily and bi-weekly basis for the duration of the construction process. Monitoring Entity: Project's construction manager,City of Palm Springs Building Official,Engineering Division. Date Completed: 11. burg: Construction personnel shall be informed of ride sharing opportunities. Implementation: Prior to the issuance of grading permits,the applicant shall submit a plan for rideshare and transit incentives for the on-site construction workers,which shall be approved by the City's Director of Planning &Building. This measure shall then be implemented throughout the entire grading and construction period,and shall be inspected periodically for compliance by the Director of Planning&Building. omnlian Record: Timing: Prior to the issuance of grading permits,and during the project grading and construction period. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning & Building. Date Completed: q A4 1 12. M„ easnrg: Building construction shall comply with the energy use guidelines in Title 24 of the California Administrative Code. ' Dudek&Associates,Inc. y Mitigation Monitoring Program-9 City of Patin Springs Mountain Falls Golf Preserve Environmental]"pact Report Implementation: Prior to issuance of building permits,during plan check the City]Building Official shall ensure that the above measure has been implemented. Compliance Record; Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Building Official. Date Completed: , NOISE 1. M agur : Standards and specifications included in the construction documents, will ensure that noise levels resulting from construction and the delivery of building materials do not violate any:Federal regulations(including those of the Occupational Safety and Health Administration)or state and local regulations. • The contractor shall comply with all local sound control and noise level tubs,regulations and ordinances which apply to any and all work performed pursuant to the contract. • Each internal combustion engine,used for any purpose on the job or related to the job,shall be equipped with a muffler of a type recorumended by the manufacturer. No intermol combustion engine shall be operated on the project without said muffler. • Construction activities shall incorporate feasible and practical techniques which minimize the noise impacts on adjacent uses. • Construction activities shall take;place only between 7:00 a.m. and 8:00 p.m. to minimize the potential for noise impacts during more sensitive time periods, as specified in the Palm Springs Noise Ordinance (Municipal Code Section 11.74. 041). Construction activities shall not be:permitted between the hours of 5:00 p.m. and 8:00 a.m. if the noise produced by such work is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity,per the Palm Springs'.Construction ' Site Regulations(Municipal Code Section 8.04.220). • All construction equipment,fixed or mobile,shall be equipped with prop:aly operating and maintained mufflers. • Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. • Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. • Every effort shall be made to create the greatest distance between noise sources and sensitive receptors during construction activities. Implementation: During grading and construction activities the City's Building Official shall ensure that the above mitigation measures are-dhered to by the project's construction manager. Comnlinnce Record: Timing: This shall be checked on a weeldy basis for the duration of the grading and construction period by the project's construction manager,the City Building Official. Dudek&Associates,Inc. Afitigation Monitoring Program-10 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Monitoring Entity: The projcct's construction manager,City of Palm Springs Building Official. Date Completed: 2. Measure:The required 6-foot high block wall on the north property line of the Coler Estate should be built as soon as possible in the construction process to minimize the potential for the annoyance of adjacent existing residents related to noise generated by construction activities. Imple entirtion:Before the commencement of construction activity for either the golf course or Condominium area,the required 6'high block wall along the north property line of the Cola Estate shall be built to ensure compliance with the above measure. The City Building Official will verify that wall construction has been completed during the first construction site inspection. Compliance Record: Timing: During the initial construction period,as soon as possible. Monitoring Entity: The project's construction manager,Building Official. Date Completed: 3. erg: At the beginning of the initial phase of development on-site, the developer shall construct a 6-foot block wall which complies with the Zoning Ordinance,along the boundary between the nine existing residences fronting on Crescent Drive and the proposed project to minimize the potential for the annoyance of adjacent residents related to noise generated by on-site activities. (policies 6.22.4 and 6.22.5) Implementation:Before the commencement of construction activity for either the golf course or Condominium area,the City Building Official and Department of Planning&Building shall ensure the above measure is adhered to by the project's construction manager. Compliance Record: ' Timing:Before the commencement of any construction activity. Monitoring Entity: The project's construction manager, City of Palm Springs Department of Planning & Building,Building Official. Date Completed: 4. Meas : Construct a 6-foot block wall in compliance with the Zoning Ordinance,between the maintenance area and the proposed condominium units. (policies 6.22.4 and 6.22.5) Imnlemen a ion:Prior to the issuance of grading permits,a final site plan shall be submitted to the Department of Planning&Building showing the location,color,material and height of the required wall. Prior to the issuance of occupancy permits,the City Building Official and Department of Planning&Building will conduct an on-site inspection to ensure that the wall has been constructed. Compliance Record: l/i' /jq,.r/ Timing:Prior to the issuance of grading permits,prior to the issuance of occupancy permits, Monitoring Entity: City of Palm Springs Department of Planning&Building Department,Building Official. Dudek&Associates,Inc. Mitigation Monitoring Program-11 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Date Completed: 5. Measure: Redesign the access for the maintenance vehicles to the golf course from the maintenance facility along the west side of the maintenance building (or provide an access bay at the northwest comer of the maintenance building) to maximize the distance between the vehicles and the villas and allow the building to function as a noise barrier. (policy 6.22.9) implementation:Prior to issuance of grading permits,a revised site plan and architectural elevations shall be submitted to the Department of?Iannhtg&Building showing the redesigned maintenance building and access. ' Compliance Record: Timing:Prior to issuance of grading permits. r Monitoring Entity: City of Palm Springs Department of Planning&Building Date Completed: 6. Measure.: Minimize early morning noise impacts on the existing and proposed residential areas by limiting maintenance activities east of the Tachevah Dam to the hours of 8 a.m. to 8 p.m. (policy 6.22.9) Implementation:The golf course operator shall establish a maintenance schedule which complies with the above measure for the life of the project. Compliance Record: Timing:For the life of the project. Monitoring Entity: The golf course operator, City of Palm Springs Department of Planning&Building. Date Completed: 7. Measure: Prohibit the use of leaf blowers that operate with noise levels in excess of 50 dB between the hours , of 8 p.m. to 8 a.m.in the residential/clubhouse areas. (policy 6.22.9) Implementation: The resort operator shall ensure compliance with this measure for the life of the project. Compliance Record: Timing: For the life of the project. Monitoring Entity: The golf course operator,the City of Palm Springs Department of Planning&Building. Date Completed: 8. Measure: Limit construction activities (which may impact adjacent residential whits) to 7 a.m. to 7 p.m. during weekdays and Saturdays(except under special circumstances approved by the City) and prohibited on Sundays and holidays. (policy 6.24.1) Implementation: During grading and construction the City Building Official shall ensure that the mitigation measures are adhered to by the project's construction manager. Compliance Record: Dudek&Associates,Inc. Mitigation Monitoring Program-12 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the project's construction manager and the City's Building Official. Monitoring Entity: The project's construction manager,City of Palm Springs Building Official. Date Completed: 9. )fig: Schedule the loudest construction activities in the vicinity of the residential areas to occur between 1 the hours of 8 a.m.to 5 p.m.to minimize the noise impact.(policy 6.24.2 and City Code Chapter 8.04.200) implementation: During grading and construction a City Building Official shall ensure that the mitigation measures are adhered to by the project's construction manager. Compliance Record: Timing: This shall be checked en a weekly basis for the duration of the grading and construction period by the project's construction manager and the City Building Official. Monitoring Entity: The project's construction manager,the City Building Official. Date Completed: 10. Measure: Any work bays at the maintenance facility building facing east or north shall be kept closed prior to 7:00 a.m.each day. IImpl m n a ion: The golf course operator shall ensure compliance with this measure for the life of the project. The Department of Planning & Building shall be responsible for responding to complaints from residents regarding noise from maintenance/operational uses. Compliance Record: ' Timing: For the life of the project,as complaints are received. Monitoring Entity: The golf course operator,the City of Palm Springs Department of Planning&Building. Date Completed: 11. jig: Locate the noisiest equipment (e.g., tractors and backhoes) at the western side of the proposed maintenance building, away from the proposed condominium units. Implementation: The golf course operator shall ensure compliance with this measure for the life of the project. The Department of Planning & Building shall be responsible for responding to complaints from residents regarding noise from maintenance/operational uses. .Compliance Record: Timing: For the life of the project,as complaints are received. Monitoring Entity: The golf course operator,the City of Palm Springs Department of Planning&Building. Date Completed: � �� y ' Dudek&Associates,Inc. Mitigation Monitoring Program-13 City of Palm Springs _ Mountain Falls Golf Preserve Environmental Impact Report l2. Menrucc: Employees using equipment and the parking areas near the condominium units shall b/e required to: minimize the application of power and equipment acceleration,and `/ U • avoid car door slamming as well as excessive vehicle acceleration. I=1ementatiop: The golf course operator shall ensure,compliance with this measure for the life of the project. The Department of Planning & Building shall be responsible for responding LD Complaints from residents regarding noise from maintenance/operational uses. ' Compliance Record: Timing: For the life of the project, as complaints are received. Monitoring Entity: The golf course operator,the City,of Palm Springs Departmcint of Planning&Building. Date Completed: 13. Measure: Options shall be explored to re-orient the maintenance building in a manner that would locate the bays and the outdoor working area away from the condominium units and the existing residences to the north. For example, the maintenance building could be rotated 45 degrees clockwise. Ttls would orient the noisiest activities toward the golf course and permit the building structure to operate as a noise barrier,shielding existing and proposed noise sensitive land uses. imnl m n atinn:Prior to issuance of grading permits,alternative designs shall be submitted to the Department of Planning&Building showing the re-oriented maintenance building and outdoor working area. If an alternative design is feasible,a revised site plan and architectural elevations shall be submitbed for approval. .Compliance Record: Tiering:Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. , Date Completed: 14. Meacyrr: Options shall be explored to redesign the access of the maintenance vehicles from the;golf course to the maintenance facility along the west side of the maintenance building to maxinuze the distance between the vehicles and the villas and allow, the building to function as a noise barrier. Implementation: Prior to Conditional Use Permit approval, alternative designs shall be submitted to the Department of Planning & Building showing the redesigned maintenance access. If an alternative design is feasible,a revised site plan and architectural elevations shall be submitted for approval. Date Completed: Compliance Record: Timing:Prior to Conditional Use Permit approval. Monitoring Entity: City of Palm Springs Department,of Planning&Building Date Completed: .Dudek&Associates,Inc. Mitigation Monitoriiig Program-14 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report 15. Measnr e: Hours of operation for the clubhouse including the pro shop/restaurant/bar shall be from sunrise to one(1)hour after sunset. Determining the time of sunrise and sunset shall be based upon the official time as noted in the Farmer's Almanac. Implementation: Prior to issuance of occupancy permits, the applicant shall provide an operating schedule contained within the CC&Rs to the City Planning Department indicating compliance with the approved hours of operation. ' Compliance Record: Timing:Prior to issuance of occupancy permit. Monitoring Entity: City of Palm Springs Department of Planning&Building Date Completed: 16. Meade: For additional noise attenuation,parking areas adjacent to the nine homes fronting on Crescent Drive to the north shall be excavated to a depth of at least two feet below existing grade with a T 4'high block wall and berm. Implementation:Prior to issuance of grading permits,the applicant shall provide grading plans which show the one foot excavation below existing grade for the parking area. Compliance Record: Timing:Prior to issuance of grading permit. Monitoring Entity: City of Palm Springs Engineering Division Date Completed: ' BIOLOGICAL RESOURCES The following measures will mitigate impacts due to the direct loss of habitat for bighorn sheep, as well as Sonoran Creosote Bush Scrub habitat,and the indirect impact of reduction of use of adjacent areas: 1• Measure: Dedication of habitat elsewhere to offset the loss of bighorn sheep foraging habitat. The conservation area to be dedicated shall be at a ratio of three(3)acres preserved for each acre disturbed. The dedication can either be outright donation of land, purchase of additional property, or moneys dedicated to preservation of bighorn sheep habitat,or a combination of all three. The dedication will be provided by the project proponent to the City of Pahn Springs for the purpose of managing wildlife habitat. Implementation: Prior to issuance of grading permits,the applicant shall enter into an agreement with the City of Palm Springs regarding the necessary replacement habitat. The 3:1 ratio is a minimum and may be counted toward any habitat replacement program established by the California Department of Fish and Game and/or the U.S.Fish and Wildlife Service during any required State and Federal permitting. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Y N Date Completed: ' Dudek&Associates,Inc. Mitigation Monitoring Program-15 City of Palm Springs Mountain Falls Golf Preserve Environmental hwact Report 2. 11'IlasltCg: The non-used portions of the site shall be protected by deed restriction to prevent future development. Areas shown on project maps as"No Development Areas"surrounding the golf course shall be incorporated into the project design as permanent open space. All areas outside of and between the modified target golf course limits of grading shall remain in a natural)condition. Implementation: Prior to the issuance of grading permits,a final site plan which identifies"No Development Areas" shall be submitted to the Palm Springs Director of Planning & Building; for approval. Prior to the issuance of occupancy permits,a deed restriction shall be recorded which retains all undeveloped portions of the site as natural open space. � Q .Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: The following measures are required to mitigate indirect impacts to bighorn sheep as well as other species: 3. M as rr A monetary payment in the amount of$50,000,payable over 5 years in annual$10,000 installments, shall be provided by the proporient to the City of Palm Springs prior to issuance of grading permits. The City shall manage the funds to support studies for the purpose of bighorn sheep conservation and preservation. Implementation: Prior to the issuance of grading permits, the applicant shall make the required 1st year installment of$10,000 to the City of Palm Springs which initiates compliance with the above measure. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. ' Date Completed: 4. SCE: The golf course developer shall prepare a detailed landscape plan for City review and approval prior to the issuance of building permits. The plan shall incorporate the following mitigation measures. • No tall shrubs or dense cover shall be allowed within 50 yards of the boundary of the golf course in areas adjacent to native scrub habitat. This will avoid providing approach and hiding cover for bighorn predators. • No plant species toxic to wildlife,shall be used on the golf course. The proposed plant palette shall be reviewed by a qualified botanist with knowledge of toxic plant species,and approval of the palette will be subject to this review prior to approval by the City. The plant palette shall incorporate the use of native plants salvaged from the site to the extent feasible per City Police'. Plants species with known toxicity are prohibited from use on the site. These species include: Oleander Pyracantha Lantana Castor Dudek&Associates,Inc. Mitigation Monitoring Program-1; , City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report If additional species become known to the City to have toxic interactions with wildlife species in the future they will also be prohibited from use on site. If they have been planted prior to such information being available then the golf course operator shall remove them from the site. • No invasive non-native species shall be used on the golf course. The proposed plant palette shall be reviewed by a qualified native landscape specialist prior to approval of the landscape plan by the City. • The proposed relocation of the existing hiking/equestrian trail shall be redesigned to remain downslope ' of the golf course. • Upon completion of construction all drainages shall be revegetated using native plants such as catclaw (Acacia),desert lavender(Hyptis),honey mesquite(Prosopis) and smoke tree(Psorothamnus). Implementation: Prior to the issuance of building permits, the golf course developer shall submit detailed landscape/irrigation plans to the Department of Planning & Building for approval. Prior to the issuance of occupancy permits,the Department of Planning&Building will conduct an on-site visit to ensure that the above measures have been implemented. Compliance Record: Timing: Prior to the issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building and the project biologist. Date Completed: S. fig: The golf course developer shall prepare a management plan for the operation and maintenance of the course for City review and approval prior to the issuance of building permits. The plan shall include the following mitigation measures: • Identification of mosquito control measures that avoid contamination of water sources. Such measures ' could include the use of mosquito fish or other natural methods. Mosquito control will be the responsibility of the golf course operator. • The golf course lake and other features shall be designed to discourage vector breeding(mosquitos, and midges,bees,rats,etc.). The lake should be steep sided,the water level should fluctuate widely and no vegetation shall be allowed to grow in the lake. • Control of intestinal parasites through periodic testing of turf and water, and cleanup of golf course ponds. These measures must avoid the use of groundwater contaminants (fertilizers and pesticides). Parasite control will be the responsibility of the golf course operator. • Upon completion of the golf course, property owners and golf course users shall be provided with information on the wildlife values of the surrounding habitats and the potential effects of their activities. In particular,the information will focus on bighorn sheep use and behavior in the surrounding mountains. The information will bb prepared by a qualified biologist. The information will be provided by the project proponent and made available to golf course users on an ongoing basis by the golf course operator. • Golf play and use of the driving range shall be restricted to the hours between sunrise and sunset. • A fertilizer and pesticide management plan shall be prepared and implemented. Dudek&Associates,Inc. Mitigation Monitoring Program-17 City of Palm Springs Mountain Falls Golf Preserve Environnwntal Impact Report Imulementation:Prior to the issaance of building permits,the Golf Course Developer shall submit a golf course operation and maintenance plan addressing the above mitigations to the City of.Palm Springs Department of Planning&Building. The golf course operator shall continue these mitigation measures throughout the life of the project. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. , Date Completed: 5 cont Measure: • No lighting of the golf course and driving range shall be allowed. ImI lementation:Prior to the issuance of(building permits,the Golf Course Developer shall submit.a Landscape and Lighting Plan indicating that no lighting shall be constructed within the golf course or driving range. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 5 cont Measure: • Human traffic into Tachevah Canyon front the existing recreational trail shall be obstructed by emplacement of a rock barrier in order to discourage human intrusion into the canyon. , Implementation:Prior to the issuance of building permits,the Golf Course Developer shall subunit a final site plan to the Department of Planning&Building addressing the location of the rock barrier. A requirement to construct the barrier shall be included in the contractor specifications. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 5 cont Mom: • The developer/owner/golf course operator shall construct a fence at least eight(8)feet high around the entire golf course between the golf course and hillside areas for the purpose of keeping bighorn sheep off the golf course. Such fence shall be constructed when there is a determination of need by the"Fence Review Committee"consisting of the City's Director of Planning and Building, a representative biologist appointed by the owner of the golf course, and a representative appointed by the California Department of Fish and Game. The Committee shall determine that a need exists based upon scientific information, Dudek&Associates,Inc. Mitigation Monitoring Program-18 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report field observations or other reliable information,if such data shows that 1)the golf course is tending to attract sheep to the golf course or its environs,or 2) new information has developed showing, with a degree of reliability,that the health of sheep is adversely affected by browsing on golf course vegetation, or 3)that sheep are coming onto the golf course and are adversely affected thereby. At the option of the committee, the committee may order further scientific study of the issue, at the sole cost of the owner, to develop information necessary to determine if the need for the fence exists. The study may recommend additional monitoring at the expense of the owner. The property owner shall have the right to install the fence in lieu of performing any such additional study. The design and location of the fence ' shall be approved by the Director. The fence shall be completely installed at the sole cost of the golf course owner within one(1) year after the committee gives notice thereof. Failure to timely complete installation shall permit City to close down the operation of the course until there is compliance. Implementation: Prior to issuance of occupancy permits,the"Fence Review Committee"shall be formed. Compliance Record: Timing: Prior to issuance of occupancy permits. Monitoring Entity: City of Palm Springs Director of Planning&Building. Date Completed: 5 cont Measure: • The developer/owner/golf course operator shall demonstrate compliance with the Federal ESA prior to issuance of grading permits. Compliance shall be in the form of an opinion from competent legal counsel experience in federal and state endangered species. Implementation: Prior to the issuance of grading permits, the Golf Course Developer shall demonstrate compliance with the Federal and State ESA to the satisfaction of the Director of Planning & Building. ' Compliance shall be in the form acceptable to the Director of Planning&Building and the City Attorney. Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: GEOTECHNIC In order to reduce the project's potential geotechnical hazards to a level of insignificance, the following mitigation measures shall be implemented: I• Measure: A seismicity analysis shall be prepared for the project including probabilistic evaluation of peak ground acceleration and response spectra prior to issuance of a grading permit. IH1p1e ntathM: Prior to issuance of grading permits,the applicant shall submit a seismicity analysis prepared by a registered civil engineer to the Building Department for approval. Dudek&Assocwtes,Inc. Mitigation Monitoringfr City of Palm Springs Mountain Falls Golf Preserve,linviromnentaI.Impact Report .Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity:The City of Palm Springs Building Department. Date Completed: 2. Measure: The potential for shallow groundwater and liquefiable soils in structural areas shall be evaluated ' during design level geotechnical investigations. If significant fills,including golf course fills,are to be placed in canyon or drainage bottoms, subdrains will be installed to prevent the satiation of the fill materials if determined to be necessary based on design level geotechnical evaluation. Implementation: Prior to the issuance of grading permits, the project applicant shall submit a design level gcowchnical report to the City Engineer with recommendations for mitigation of the conditions referenced above. Compliance Record: Timing:Prior to the issuance of grading permits. Monitoring Entity: City of Palm Springs Building Department. Date Completed: 3. Measure: The stability of existing and proposed slopes shall be quantitatively evaluated during design level geotechnical investigations. Any identified potential for deep seated landslides and slope failures will be mitigated by constructing buttress fills,or by constructing other types of retention structures,such as retaining or crib walls, as approved by the City Engineer and Director of Planning&Building. Implementation: Prior to the issuance of grading permits, the project applicant shall submit a design level geotechnical report to the City Engineer with recommendations for mitigation of the,conditions referenced above. Compliance Record: ' Timing: As said construction and/or grading occur,prior to placing fill during the grading operations,prior to the approval of a final landscape plan or issuance of building permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 4. Measure: Shallow slumps and surficial instability shall be mitigated by adequate slope planting, control of burrowing rodents,post and plank stabilization and regrading. Imnlementation: Prior to occupancy permits and for the life of the project, the applicant shall demonstrate compliance with the above measure,per the City of Palm Springs Engineering design standards. Compliance Record: Timing: Prior to occupancy pernuts and for the life of the project. Monitoring Entity:Golf course operator,City of Palm Springs Engineering Division. Dudek&Associates,Inc. Mitigation Monitoring Program-20 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Date Completed: 5. M as ur : Specific recommendations related to rock fall protection shall be included in design level geotechnical investigations,prepared by a certified engineering geologist. Rockfall hazards will be mitigated by the following techniques singly or in combination: • Rock stability assessment and stabilization or removal. ' Separation of structures away from hazardous areas(e.g.construct a 15'wide,soft bottomed,catchment area at the rear of the residences by a combination of relocating buildings to the north and constructing a retaining wall which moves the toe of slope to the south. A suitably reinforced block wall would then be constructed adjacent to the structures forming a catchment area between the two walls). • Placement of a rock fence above existing structures. • Boulders placed for landscaping purposes may be anchored using rock bolts,soil nailing with cables, or special foundations. Imulementation: Prior to the issuance of grading permits for the condominium areas, the project applicant shall submit a design level geotechnical report to the City Engineer with recommendations for mitigation of the conditions referenced above. Compliance Record.- Timing: Prior to the issuance of grading permits,during the design stage of the condominium areas. Monitoring Entity: City of Palm Springs Engineering Division and Department of Planning&Building. Date Completed: 6. Measure: Areas of unstable steep cut slopes shall be laid back to a shallower gradient or reinforced with ' retaining structures, such as walls,or rock bolts. Unstable steep fills shall be reinforced with retaining walls or geogrid fabric. Impl m n a ion:Prior to issuance of a grading permit, the applicant shall submit a grading plan for the project incorporating the above measures,per the City of Palm Springs Engineering design standards. The Building Official shall inspect steep cut and fill slopes to ensure that appropriate design measures have been incorporated. Compliance Record: Timing:Prior to issuance of a grading permit. Monitoring Entity: City of Palm Springs Engineering Division, Department of Planning&Building,Building Official. Date Completed: 7. Measure: Design-level geotechnical investigations shall contain recommendations for proper site preparation and grading techniques to properly mitigate the potential settlement of fill and alluvial soils. Imillementation: Prior to the issuance of grading permits, the project applicant shall submit a design level geotechnical report to the City Engineer with recommendations for mitigation of the conditions referenced above. Dudek&Associates,Inc. Mitigation Monitor Program'21 City of Palm Springs Mountain Falls Golf Preserve linvironmental Impact Report Comptiance Record: Timing: Prior to issuance of grading permits Monitoring Entity: City of Palm Springs Engineering Division,Department of Planning&Building. Date Completed: ' 8. Measure: Erosion shall be mitigated by proper drainage design including collection and conveyance of water to approved points of discharge. During construction,drainage and erosion may be controlled using hay bales, manufactured erosion matting, and by construction of temporary berms and channels as necessary to direct surface flow away from erosion sensitive areas and into appropriate points of discharge. Methods of post construction mitigation include the use engineered surface and subsurface drainage facilities,energy dissipaters, desilting basins, silt fences, and similar techniques to protect areas of golf course which cannot be easily or inexpensively repaired. Implementatjon: Prior to issuance of grading permits, the project applicant shall submit final drainage and erosion control plans to the City Engineer Building Official,Department of Planning&Building for review and approval . Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: The City of Palen Springs Engineering Division, Department of Planning & Building, Building Official. Date Completed: 9. MeasptC: Excavation in hard bedrock material shall be avoided as much as possible. If excavation is necessary, ' design level geotechnical investigations shall include recommendations for fill placement or disposal. Implementation:Prior to the issuance:of grading permits,design level geotechmcal investigations for the site will be conducted and shall contain recommendations to ensure compliance with the above measure. omnliance Record: Timing: Prior to the issuance of grading permits Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: CULTURAL RESOURCES In order to reduce the project's potential impact on local cultural resources of historical or archaeological significance, the following mitigation measures shall be implemented: 1. Measure: Adverse effects to archaeological site CA-RN-6033,consisting of'rock cairns and quartz flaking stations,shall be mitigated by a combined strategy of preservation and data recovery. The rock cairns shall be presented in place by redesign of Fairway 13 (Figure 6.6-1 and Figure 4.3-2 of FE1R for redesign). The flaking Dudek&Associates,Inc. Muigalion Monitoring Program-22 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report stations shall be mapped, studied,collected, and described in a technical report to preserve the archaeological information contained in them. At the completion of the study, artifacts shall be curated at the Agua Caliente Cultural Museum in Palm Springs. Implementation: Prior to the issuance of grading permits,the portion of the site chosen for preservation shall be preserved, and shall undergo data recovery, while the remainder of the site shall undergo data recovery as stated in the above measure. The applicant shall ensure that those portions of archaeological site CA-RIV-6033, which could not be preserved inplace,were adequately described by the required technical report. ' Compliance Record: Timing: Prior to issuance of grading permits,for the life of the project(unless otherwise indicated by the Agua Caliente Band of Cahuilla Indians Tribal Council). Monitoring Entity: City of Palm Springs Department of Planning & Building, the Agua Caliente Band of Cahuilla Indians Tribal Council. Date Completed: 2. Measure: To further mitigate potential impacts to CA-RN-6033,an archaeologist and a representative from Agua Caliente shall be present during staking and pre-grading activities at Fairway 13, and an archaeologist shall be present during initial grading at Fairway 13 to monitor for buried cultural resources. _Implementation: Prior to issuance of grading permits the applicant shall retain a representative from the Agua Caliente Band of Cahuilla Indians who shall be present during staking and pre-grading activities at Fairway 13 and who shall work under the supervision of an archaeologist or other qualified individual. Compliance Record: Timing: Prior to issuance of grading permits,daring rough grading operations. ' Monitoring Entity: Projecfs archaeologist, City of Palm Springs Department of Planning&Building and Agua Caliente Band of Cahuilla Indians Tribal Council. Date Completed: 3. Mengy>te: Site CA-RP✓-6034,-6035,-6036,and-6037,consisting of boulders with grinding slicks,do not meet CEQA criteria for"important archaeological resources;"however,the project applicant has agreed to preserve them in place by incorporating them into the project design. Implementation:Prior to the issuance of grading permits,the applicant shall submit final working drawing,to the Director of Planning & Building and Engineering Division for approval, which identify specific design techniques aimed at incorporating these sites into the project. Compliance Record: Timing: Prior to the issuance of grading permits and for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building and Engineering Division. Date Completed: Dudek&Associates,Inc. Mitigation Monitorinrogr 1 City of Palm Springs Mountain Falls Golf Preserve E,�tvironmental hnpact Repori 4. Measure: The applicant and/or the building contractor shall halt grading or any other construction activity immediately in the affected area if any additional archaeological resources are uncovered during such activities. The applicant and/or the building contractor shall notify the City and shall summon a qualified archaeologist to determine the significance of resources and recommend appropriate mitigation measures. Implementation: During grading, or any other construction activity, if any archaeological resources are uncovered the applicant and/or building contractor shall halt grading and construction activity immediately. The applicant and/or contractor shall notify the City's Director of Planning&Building and Agua Caliiente Band of Cahuilla Indians Tribal Council immediately, and shall summon a qualified archaeologist to determine the ' significance of uncovered archaeological resources and appropriate mitigation measures. Compliance Record: Timing: During grading or any other construction activity. Monitoring Entity: Project applicant and/or building contractor, City of Palm Springs Director of Planning& Building,and Agua Caliente Band of Calmilla Indians Tribal Council. Date Completed: 5. Measure: To further protect CA-RIV-6033 from unintentional disturbance during golf play, the site shall be posted as an archaeological site, a one stroke penalty will be assessed for errant. balls, and the area shall be separated from the fairway by cactus and other native plants which will discourage:access. Design of berming, signage and native vegetation to protect CA-RPV-6033 shall be submitted for review and approval by the Indian Planning Commission before the issuance of grading permits. Implementation: Prior to occupancy ;permits, the applicant shall post signs which identify this area as an important archaeological site in which entry shall not be prohibited. This site will be included on the final working drawings for the golf course which shall ensure compliance with the above measure. Prior to issuance of occupancy permits,a representative from the City's Department of Planting&Building shall conduct an on-site inspection to ensure compliance with the above measure. ' Compliance Record: Timing: Prior to the issuance of grading permits,issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: AESTHETICS/LIGHT AND GLARE I. Measure: Grading on golf course holes 12, 13, 14, 15,and 17 shall not disturb surfaces outside the proposed grading areas. Implementation: Prior to the issuance of grading permits, the applicant shall submit grading plans which identify the limits of grading on the above hole locations to the Engineering Divisions and Department of Planning &Building for their approval. During grading activities on these holes, a representative from the Department of Planning& Building shall conduct an on-site inspection to ensure compliance with the above measure. Dudek&Associates,Inc. Mitigation Monitoring Program-24 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Compliance Record: Timing: Prior to issuance of grading permits,during on-site grading activities Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 2. Measure: Grading on the cart path approaching golf course hole 13 shall absolutely limit scarring which is visible from viewpoints to the east. Implementation: Prior to the issuance of grading permits, the applicant shall submit grading plans to the Department of Planning&Building and Engineering Division for approval which incorporate the above measure. During grading activities on this hole, a representative from the City's Planting&Building Department shall conduct an on-site inspection to ensure compliance with the above measure. Compliance_ Record: Timing: Prior to issuance of grading permits,during on-site grading activities. Monitoring Entity: City of Palm Springs Department of Planning&Building,Engineering Division. Date Completed: 3. Measure: Plantings on golf course holes 13 and 14 shall be limited to low growing,desert-appropriate plant materials. Plant materials with a deep or dark green color aspect shall be avoided on these holes. Implementation: Prior to the issuance of grading permits, during development of the landscape plan, the applicant shall consult with the project's botanist to ensure the plan incorporates the mitigation measure above. Compliance Record: Timing:Prior to the issuance of grading permits,during development of the landscape plan. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 4. Measure: Existing visual buffer plantings along the north side of the Coler Estate shall remain and shall be augmented with additional plantings. Due to its poor condition, the existing fencing along the property line shall be replaced by a six (6) foot high solid block masonry wall as approved by the Department of Planning & Building. Implementation: Prior to the issuance of building permits, the applicant shall submit landscape plans to the Department of Planting&Building for approval which identify the types of vegetation proposed for these visual buffers as well as design motif for the proposed wall. Plans of block wall shall be submitted to Department of Planning&Building prior to grading permits. Compliance Record: Timing:Prior to issuance of building permits. Dudek&Associates,Inc. ' Mitigation Monitoring Program-25 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Monitoring Entity: City of Palm Springs Department of Planning&Building. 1� Date Completed: n``����✓✓ 5. Measure: Project lighting shall comply with City lighting standards in effect at the time. Parking lot lights shall employ area lights with house-side shields rather than directable spotlights. ]Parking lot lighting shall be monitored and adjusted after installation to prevent spill light and eliminate glare within neighboring residential properties. Adjustments to lnminaire orientation and shield placement shall be made:following installation based on direct observation from residential viewpoints located directly to the north. ' Implementation:Prior to the issuance of grading permits the applicant shall subunit a lighting plan consistent with City design standard,including a list of fixtures,to the Department of Planning&Building for approval. Prior to issuance of occupancy permits, the Director of Planning&Building shall ensure that these mitigation measures have been implemented. Project CC&R's shall include restrictions regarding night lighting. Compliance Record: Timing:Prior to issuance of grading permits,during development of the lighting plan. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 6. Measure: Grading for golf course holes 13 and 14 shall be designed and undertaken to closely replicate the appearance of surrounding natural terrain, particularly in terms of color and texture. As grading begins, weathered surface rock material shall be set aside and used to constitute the graded non-turf surfaces'.of these two golf holes. Implementation: Prior to the issuance:of grading permits, the applicant shall submit grading plans which incorporate, to the extent feasible, techniques aimed at replicating the appearance of the surrounding natural terrain to the Department of Planning&Building and Engineering Division for review and approval. The grading ' plans shall also include the issue associated with provision and placement of weathered surface rock material on the graded non-turf surfaces of these two golf holes. Prior to issuance of occupancy permits, the City Building Official, Department of Planning & Building shall conduct an on-site inspection to ensure that the above measure has been implemented. Compliance Record: Timing: Prior to issuance of grading permits,prior to issuance of occupancy pcnnuts. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: Z. Measure: If a sheep fence is constructed around the golf course,the fence shall be of chain link or similar low visual contrast construction and painted with desert appropriate coloration. In addition,ground disturbance along the fence line shall be absolutely minimized and care taken not to create erosion paths which would:reveal lighter subsurface material along the linear fence alignment. Fencing plan submitted to Department of Planning & Building prior to grading plan. Dudek&Associates,Inc. Mitigation Monitoring Program-26 ' City of Palm Springs Mountain Falls GolfPreserve Envirotunental Impact Report Implementation: If and when deemed necessary, the applicant shall pay for and construct said fence in compliance with the above design standards. Prior to the issuance of occupancy permits, the City Building Official shall perform an on-site inspection to ensure that the above measure has been complied with if deemed necessary. Compliance Record: ' Timing:If and when deemed necessary,prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: HYDROLOGY AND FLOOD CONTROL Mitigation measures will be required to avoid potential adverse surface and groundwater quality impacts arising from irrigation, fertilizing, and controlling pests at the golf course, and from the clubhouse parking lot and restaurant. This requires Best Management Practices (BMPs) to prevent eroded materials,lubricants, and construction materials from being discharged into downstream drainage systems both during the construction period and after the development is completed. 1. MeaSutg: Unless all jurisdictional areas (Waters of the United States)are avoided,the applicant shall obtain a 404 Permit and a 1603 Agreement and shall implement all mitigation specified in these approvals. Proof that these permits have been obtained or that they are not required shall be presented to the City prior to the issuance of grading permits. _Implementation: Prior to the issuance of grading permits the applicant shall provide evidence that a 404 Permit from the Arty Corps of Engineers(ACOE)and a 1603 agreement from the California Department of Fish and Game(CDFG)have been obtained. Alternately,if these permits are not required,the applicant shall provide an ACOWCDFG approved delineation of jurisdictional waters along with grading plans showing avoidance of the delineated waters. The Director of Planning&Building and City Engineer shall review these materials to verify that permits have been obtained or waters avoided. Compliance Record: Timing: Prior to the issuance of grading permits,during construction inspections,prior to issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building and Engineering Division,project biologist Date Completed: 2. Measure: The project applicant shall submit a Notice of Intent (NOI) to the State Water Resources Control Board(SWRCB)prior to the construction period. Imnlementntion: Prior to the issuance of grading permits,the applicant shall comply with the above mitigation measure. Compliance Record: Timing: Prior to issuance of grading permits. Dudek&Associates,Inc. Mitigation Monitoring Program-27 City of Palm Springs Mountain Falls Golf Preserve Environmental Inyaet Report Monitoring Entity: City of Palm Springs Engineering Division. 1 p Daze Completed: 3. Measm: The project applican:and project operators shall implement the construction site Best Management Practices(BMPs)and source control BMPs as described below,prior to issuance of occupancy permits and for the life of the project. Construction Site BMPc: Prior to the issuance of grading permits,the applicant shall obtain coverage ' under the State Water Resources Contml Board General Construction Activity Storm Water Permit. The applicant shall ensure that a storm water pollution prevention plan (S-WPPP) is prepared before construction begins,is implemented,and is maintained and shall be updated throughout the construction period. The SWPPP will identify potential pollutant sources on the site, show the location of management practices to be used to minimize erosion and sedimentation during construction,describe measures which eliminate pollution of storm runoff by any chemicals and materials used during the construction process, and shows areas of long-term post-construction control measures. • Source Control BMPs: Development operators shall develop and implement procedures for the use, storage and disposal of cleansers,chemicals and materials which could potentially become pollutants. Implementation will include the training of staff. Pollution prevention plans shall include materials inventory,spill cleanup plans,maintenance of drainage facilities,irrigation management and careful and economical use of fertilizers,herbicides and pesticides in accordance with label instructions and shall be submitted to the Department of Planning&Building for review and approval. On the golf course, irrigation water shall be monitored to(1)minimize the runoff of excess water, and(2)apply only as much water as needed by plants and to prevent salt buildup in the soil. Implementation:Prior to the issuance of grading permits,the project applicant shall ensure compliance with the above measure by obtaining the necessary storm water permit and implementing the associated BMP's. Compliance Record: Timing:Prior to the issuance of grading permits and the life of the project. ' Monitoring Entity: City of Palm Springs Department of Planning&Building and Engineering Division. Date Completed: 4. Measm: The golf course operator shall implement golf course drainage,irrigation,and chemical control BMPs in accordance with current professional practice and regional standards as sot forth in the County of Riverside and City of Palm Springs National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan(DAMP). BMP's shall be submitted to the Director of Planning&Building for review and approval. • monitoring of soil moisture as a criterion for application of irrigation water, • grading of golf course to contain runoff from the two-year storm within the golf course, • preservation of natural drainage courses through the golf course, • grading of the golf course to minimize irrigation runoff to the natural watmcourses,and • application of chemicals in accordance with label instructions and accepted local practice. Dudek&Associates,Inc. Mitigation Monitoring Program-28 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Impl m n a inn: Prior to issuance of grading permits,at the beginning of the grading operations until such time as the final storm water control facilities are in place and no off-site discharge occurs, the applicant shall ensure compliance with the above measure by implementing the construction site storm water control program and associated BMP's as mandated above. For the life of the project,the project operator shall ensure that all pesticide use complies with all applicable laws, that equipment used in pesticide application is maintained properly, and that pesticides are used at the lowest possible levels. ' Compliance Record: Timing: Prior to issuance of grading permits and for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building and Engineering Division. Date Completed: 5. )fig: The following drainage measures shall be applied during engineering design of the golf course: • Watercourses shall be left undisturbed or restored to close to natural conditions wherever possible. Field inspection indicates that the watercourses are stable, with little evidence of erosion or deposition of debris. Where preservation is not possible and adjustments are necessary to accommodate cart path or golf course requirements, erosion protection using local rock rip-rap should be used to preserve the natural watercourse appearance. • Approaches to culvert entrances shall be lined with local rock to resist erosion. The culverts shall outlet onto a substantial rock splash pad/energy dissipator to reduce velocities and minimize downstream erosion. • Tees and greens shall be located away from primary drainage features and elevated to clear frequent ponding events. • If any of the slopes to the west are graded to drain to the lake, local depressions shall be provided en route as necessary to remove suspended sediments and debris prior to discharge into the lake. • The low areas in Fairways 2 and 7 will be about 6 feet above the existing ground at the bottom of the reservoir. To the extent practical,the materials use to fill these areas should be as coarse and uniforrtily graded as possible to promote infiltration. • If the existing watercourses through the Practice Range and Fairway 15 are to be regraded and turfed, the potential for erosion shall be minimized by creating a wide, shallow swale for the watercourses, turfed with a tough,erosion-resistant grass(St. Augustine or equivalent). Also,if compatible with golf design,slopes of the swale shall be reduced by the introduction of periodic transverse grade stabilizers made of local rock. Implementation: Prior to issuance of grading permits the applicant shall submit the on-site surface drainage plans to the Engineering Division: The applicant shall have a detailed drainage plan prepared for the project site prepared by a certified engineer which complies with County of Riverside Flood Control District standards and the City of Palm Springs'Flood Prevention Ordinance that during a storm of between 10 to 100-years frequency does not damage proposed structures or endanger human health and safety. Upon verification of compliance,the City Engineer shall notify the Director of Planning&Building. gA0 Dudek&Associates,Inc. Mitigation Monitoring Program-29 City of Palm Springs Mountain Falls Golf Preserve Environmental I/mlpact Report Compliance Record: Timing: Prior to issuance grading permits. I I Monitoring Entity: City of Palm Springs Engineering Division and Department of Planning & Building; Riverside County Flood Control and Water Conservation District. Date Completed: 6. Meas=: In order to reduce the potential volume of nitrogen leaching to the grourm l water because of fertilizer ' application,only slow-release or controlled release formulations shall be used Before any fertilizer applications commence,the nutrients already in the soil shall be analyzed. Tmnlementation: Prior to approval of any on-site business license, the golf course operator shall ensure compliance with the above measure by implementing, throughout the entire project site, the project speck Integrated Pest Management Plan,for the life of the project. Compliance Record: Timing:Prior to on-site business license approval,for the life of the project. Monitoring Entity: City of Pahn Springs Department of Planning&Building and]Engineering Division. Date Completed: 7. Measure: The following Best Management Practices(BNWs)shall be utilized for pesticide products on common and other general landscaping and turf areas; • Applications shall be spot treatments and not broadcast applications. • Pre-emergent products which are nearly insoluble such as Ronstar and Surflan shall be used for ground cover and shrub beds. ' • Dacthal,a herbicide,shall not be used at the project because of its mobility in sandy soils and potential for leaching to underlying aquifers. • Insecticide applications to turf areas shall primarily consist of Dursban, which is not readily transportable. At least two days shall be allowed after application of insecticides before irrigating the affected area. • After treatment with 2,4-D; 2,4-DP; and dicamba for control of broadleaf weeds,the area shall not be irrigated for at least 2 days. • Only light,frequent irrigations shall follow Daconil,a fungicide,application to greens and tees in order to prevent leaching of this product below the root zone. • Applications of pest management products shall be recommended by a licensed Pest Control Advisor (PCA),and applied by or under the direct supervision of a QAL. Implementation:Prior to the issuance of building permits,the golf course operator shall submit a golf course operation and maintenance plan addressing the above BMWs to the City of Palm Springs Department:of Planning &Building. The golf course operator shall continue these mitigation measures throughout the life of the project. Dudek&Associates,Inc. Mitigailon Monitoring Program-30 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Compliance Record: Timing:Prior to the issuance of grading permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: ' 8. Measure: The following BMP's shall be employed at the site for fertilizer products: • The use of slow release nitrogen sources such as Milorganite and ureaforrnaldehyde,shall be a priority, while the fast release sources shall be avoided as much as practical. • Applicationrates greater than 0.25 pounds of actual nitrogen per 1000 square feet(10.9 Ibs/ac),using fast release sources of nitrogen shall be avoided. • Soil tests shall be conducted three times per year on greens and tees and once or twice per year on other turf areas to determine nitrogen requirements. Implementation: Prior to the issuance of grading permits,the golf course operator shall submit a golf course operation and maintenance plan addressing the above BMP's to the City of Palm Springs Department of Planning &Building. The golf course operator shall continue these mitigation measures throughout the life of the project. Complian Record: Timing:Prior to the issuance of,grading permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building Date Completed: 9. Measure: The QAL or QAC shall implement the following guidelines for the project site: • Storaee-Pesticides shall be stored in enclosed areas,on impermeable surfaces protected from rain. In case of rupture of storage containers,runoff shall be contained and properly disposed of in accordance with local,state and federal regulations. • Mixing anti i A)ndin -Precautions shall be taken to avoid spillage. If it occurs,the area shall be cleaned up as soon as possible. Spray tanks and other containers shall be triple rinsed and the rinsate transferred into another vessel for use on a target site. Rinsed containers shall be disposed of in accordance with local, state and federal regulations. Check valves or air gaps shall be used on filling pipes to prevent back flow of contaminated water into water supplies. • ADQlivAtion-Pesticides shall be selected,wherever possible,which will have low solubility and degrade rapidly in the soil. Spray drift shall be avoided. Pesticide use shall be reduced by integrating chemical control with other methods of control and then only when an actual need for it has been identified. The frequency of pesticide application shall be reduced whenever possible. • Disposal - Excess pesticides or pesticide mixtures shall be transported and disposed of at a Class I disposal site. It shall never be dumped onto the ground or into drains, sewers,etc. • brieation hed cling-Excessive use of irrigation water after pesticide application and irrigation water runoff shall be avoided. ' Dudek&Associates,Inc. Mitigation Monitorinrant-i 1 City of Palm Springs _ Mountain Falls Golf Preserve Environmental Impact Report • Records-Records of the quantity and type of pesticides used shall be maintained on permanent file at the site. y�t7 Implementation: Prior to the issuance of building permits,the golf course operator shall submit at golf course operation and maintenance plan addressing the above mitigations to the City of Palm Springs Department of Planning&Building. The golf course operator shall also be required to submit documentation to the Department of Planning & Building verifying that all persons who perform pest control for hire have either the QAL or QAC. The golf , course operator shall continue these mitigation measures throughout the life of the project. Compliance Record: Timing:Prior to the issuance of building permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 10. Measure: The project applicant shall provide to the City Engineer a detailed hydrology report which addresses the adequacy of the existing catch basins including the length and location of the existing connector pipe and the proposed portion of Line 14 in Via Monte Vista along the project frontage. The City Engineer will determine the adequacy of these facilities and may require the project to construct the segment of Line 14 along the project frontage or supplement the capacity of the existing connector pipe if necessary. Implementation: Prior to issuance of grading permits, the applicant shall provide a hydrology report which identifies the adequacy and necessary improvements needed for project related stormwater infrastructure to the City Engineer for approval. .Compliance Record: Timing: Prior to issuance of grading permits. , Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 11. Measure: Prior to issuance of a grading permit,the applicant shall provide a Stormwater Pollution Prevention Plan to the City Engineering Division for review and approval. The plan shall consider the application of BMP's identified in the tables below. Recommended Nonstructural BMPs 13opgtru mm1 BNT Golf Cours Condnmininm Retsta rant Parinnp 1 pL j aint lak1g. Education of Management and Staff X X X X X Litter Control X X X X Landscape Management X X Inigation Management X X Drainage System Maintenance X X X X X Sweeping X Chemical Application per label instruction X Underground Storage T=k Compliance X Spill Contingency Plan X Hazardous Materials Disclosure Compliance X Housekeeping of Loading Areas X X Dudek&Associates,Inc. Mitigation Monitoring Program-32 , City of Palm Springs Mountain Falls Golf Preserve Envirortrwrttal Impact Report Recommended Routine Structural BMPs Routine Structural RMPs GolfConTce Condominium Restaurant Pa*iine I Maim Grading to Control Runoff X X Preservation of Natural Drainage X Control of impervious Runoff X X X X X Landscaped Areas for Filtration X X X X X Runoff-minimizing Landscape Design X X X X X ' Trash Container Drainage Controls X X X Efficient Irrigation X X X Wash Water Controls for X Food Preparation Area Dumpster Area Housekeeping X X Vehicle Ckaning and Repair X Area Management Motor Fuel Dispensing Area X Design and Management Implementation: Prior to issuance of a grading permit, the applicant shall provide a Stotmwater Pollution Prevention Plan to the City Engineering Division for review and approval (Compliance Record: Timing: Prior to issuance of grading permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: RISK OF UPSET 1. Sure: Pesticides shall be applied only by trained professionals certified by State and County agricultural ' officials. Any pesticides used shall be applied to manufacturers specifications. ImIllementntion: Prior to issuance of occupancy permits,for the life of the project,the applicant shall submit written verification consisting of names and license registrations for qualified applicants including date of expiration to the Department of Planning&Building. Comnlian Record: Timing: Prior to issuance of occupancy permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 2. Sure: Pesticides shall be stored in enclosed containers on impermeable surfaces protected from rainfall. In case of storage container rupture,runoff shall be contained,collected,and properly disposed of in accordance with local,state and federal regulations. Implementation: Prior to the issuance of building permits,the golf course operator shall submit a golf course operation and maintenance plan addressing the above mitigation to the City of Palm Springs Department of Planning&Building. Dudek&Associates,Inc. Mitigation MonitoringP �am-33 City of Palm Springs Mountain Falls Golf Preserve mEinvirownental,(mpact Report Compliance Record: Timing:Prior to issuance of building permits,for the life of the project. Monitoring Entity:City of Palm Springs Department of Planning&Building. Date Completed: 3. Measure: All other proposed practices and procedures contained in the projects Integrated Pest Management ' Plan (IPM)Plan related to application of pesticides and fertilizers, storage, and timing of application shall be followed to the maximum possible extent. Impj : Prior to the issuance of building permits,the golf course operator shall submit a golf course operation and maintenance plan addressing the practices and procedures contained in the IPM,to the City of Palm Springs Department of Planning&Building. Compliance Record: Timing:prior to the issuance of building permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: FIRE AND PARAMEDIC SERVICES I. Measure: The project applicant shall design and construct all water mains,fire hydrants and on-site circulation in accordance with City of Palm Springs Fire Department rules and regulations prior to the issuance of building permits. Implementation: Prior to issuance of building permits, the applicant shall submit plans to the City's Fire Department and Engineering Division for approval. , Prior to issuance of occupancy permits the City Building Official shall conduct on-site inspection:;to ensure that the above measure has been implemented. Compliance Record: Timing: Prior to issuance of building permits,prior to issuance of occupancy punrits. Monitoring Entity: City of Palm Springs Fire Department and Engineering Division. Date Completed: 2. Measure: The project applicant shall create and implement, with consultation.and approval from the City of Palm Springs Fire Department, a fuel modification and maintenance plan which provides fire safety buffer treatments between natural open space and planned buildings and which provides for long term maintenance of the buffer,prior to the issuance of occupancy permits. Maintenance under the plan shall continue for the life of the project. Implementaitio : Prior to issuance of occupancy permits the applicant shall submit a brush clearance program to the Fire Department for approval,which ensures compliance with the above measure. Dudek&Associates,Inc. A4itigation Monitoring Program-34 ' City of Palm Springs Mountain Falls Golf Preserve Environntentallmpact Report Prior to issuance of occupancy permits, the City Building Official shall conduct an on-site inspection to ensure that the above measure has been Juplemented In addition,the Fire Department shall conduct an annual,ongoing fire safety inspection program to ensure that the above measure remains implemented, for the life of the project. Compliance Record Timing: Prior to issuance of occupancy permits and on an ongoing fire safety inspection program,annually for the life of the project. ' Monitoring Entity: City of Palm Springs Fire Department; Building Official. Date Completed: 3. Measure: Automatic fire sprinklers per City of Pahn Springs Fire Department requirements will be required for all new structures associated with the project. This will be verified by the Fire Department. Implementation: Prior to issuance of building permits, the applicant shall submit detailed plans, which incorporate the required fire sprinklers, to the Fire Department and City Building Official for approval. Prior to issuance of occupancy permits,the City Building Official shall conduct an on-site inspection to ensure compliance with the above measure. Compliance Record: Timing: Prior to issuance of building permits,prior to issuance of occupancy permits. Monitoring Entity: City of Palm Springs Fire Department; City Building Official. Date Completed: 4. Measure: The construction of this project shall utilize, to the extent feasible, non-combustible building ' materials,and fire resistant ornamental vegetation,subject to Fire Department approval prior to the issuance of building permits. Implementation: Prior to the ?ssuance of building permits, the applicant shall submit detailed plans, which identify the fire resistant materials to be used,to the Fire Department for approval. Prior to the issuance of occupancy perinits,the City Building Official shall conduct on-site inspections to ensure compliance with the above measure. Compliance Record: Timing:Prior to the issuance of building permits. Monitoring Entity: City of Palm Springs Fire Department; Building Official. Date Completed: S• Measure:The project applicant shall create and implement,with consultation and approval from the City of Patin Springs Fire Department, a program that establishes methods and equipment(modified golf or service vehicle especially equipped to carry stretcher/back board and other equipment located at the starters building for use in transporting emergency personnel and/or retrieving stricken guests from remote areas of the golf course to a point on the property where BLS and ALS services can provide proper care and treatment) prior to issuance of occupancy permits. ' Dudek&Associates,Inc. Mitigation Monitoring Pro -35 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report implementation: Prior to the issuance of occupancy permits, the applicant shall coordinate -with the Fire Department,in developing an acceptable emergency response plan,which identifies procedures,protocols and necessary equipment associated with providing emergency assistance to remote areas of the project. Compliance Record: Timing: Prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Fire Department. ' Date Completed: 5. ➢ easllra: Water service shall be available to the golf course area prior to the start of construction. Impl m n ation: Prior to the issuance of grading permits,the City Engineering Division and the Desert Water Agency shall review and approve engineering plans for water line construction. Prior to the start of construction,the applicant shall install all the necessary water related infrastructure to ensure compliance with the above measure. Prior to the commencement of on-site grading activities,the City Building Official shall conduct a site visit to ensure compliance with the above measure. Compliance Record: Timing: Prior to the issuance of grading permits,prior to the start of construction. Monitoring Entity: City of Palm Springs Engineering Division,Building Official and Desert Water Agency.. Date Completed: PARKS AND RECREATION , 1. Measure: The City shall initiate a General Plan Amendment to remove the bike trail symbol from its' connection with the Carl Lykken Trail through the project. ImIlleMentation: Prior to Conditional Use Permit approval, the City of Palm Springs shall implement the required General Plan Amendment. .Compliance Record: Timing: Prior to Conditional Use Permit approval. Monitoring Entity: The City of Palm Springs Department of Planning&Building. Date Completed: SCHOOLS 1. Mensun: The applicant shall be required to pay all state mandated developer impact fees prior to the issuance of a building permit. Dudek&Associates,Inc. Mitigation Monitoring Program-36 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Implementation: Prior to issuance of building permits, the applicant shall submit proof to the City Building Official that all school facilities mitigation fees have been paid in accordance with State law. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity:The City's Building Official. ' Date Completed: WATER SUPPLY AND DEMAND 1. Mew: The project applicant shall provide all on-site water system improvements required to meet water supply needs for the proposed project,including fire flow,prior to the issuance of building permits. Implementation: Prior to issuance of building permits,the applicant shall submit to the Engineering Division and the Fire Department,detailed plans which identify the required water facilities and necessary improvements which ensure compliance with the above measure. Prior to the issuance of Building permits,the City Building Official shall conduct an on-site inspection to ensure that the above measure has been implemented. Compliance Record: Timing: Prior to the issuance of building permits. Monitoring Entity: City of Palm Springs Engineering Division;Fire Department; Building Official. Date Completed: 2. jig: The project applicant shall be responsible for paying all fees associated with on-site water service, prior to the issuance of permits to connect. implementation: Prior to the issuance of permits to connect and the project's design review by the Desert Water Agency(DWA), the applicant shall determine and pay all fees pursuant to the DWA Fee Schedule, associated with on-site water service and project design review. During the DWA's design review of the project,the applicant shall pay any other fees as detemtincd necessary by the DWA with regards to on-site water service. Compliance Record: Timing: Prior to the issuance of permits to connect,prior to design review by the DWA,during design review by the DWA. Monitoring Entity: City's Building Official and the Desert Water Agency. Date Completed: Dudek&Associates,Inc. Mitigation Monitoring Program-37 City of Palm Springs Mountain Falls Golf Preserve Environmental Innpact Report 3. Mead: All appliances such as showerheads,lavatory faucets and sink faucets shall comply with efficiency standards set forth in Title 20, California Administrative Code, Section 1604(f). Title 24 of the California Administrative Code,Section 1606(b)prohibits the installation of fixtures unless the manufacturer has certified to the California Energy Conservation Compliance with the flow rate standards. Said facilities to be installed prior to issuance of occupancy permits. i^plementation: Prior to the issuance of occupancy permits,the applicant shall install the necessary appliances which ensure compliance with the above measure. Prior to the issuance of occupancy permits„the City Building Official shall conduct an on-site inspection to ensure ' that thee above measure has been implemented. Compliance Record: Timing: Prior to issuance of occupancy permits and for life of project. Monitoring Entity: The City's Building Official. Date Completed: 4. Measure: The proje ct's landscape plan shall incorporate drought tolerant plant materials and other methods to achieve water conservation to the maximum extent feasible. The plan shall be submitted to the Department of Planning&Building prior to the issuance of grading permits. Implementation: Prior to the issuance of grading permits,the applicant shall submit a detailed landscape plan to the Department of Planning&Building for approval which ensure compliance with the above measure. Compliance Record: Timing: Prior to the issuance of grading permit. Monitoring Entity: The City of Palm Springs Department of Planning&Building. ' Date Completed: 5. Measure: The project applicant shall participate in a reclaimed water program if reclaimed water lines are extended within one mile of the project site. This requirement shall be included in the Development Agreement. Imnlementation: Providing reclaimed water lines are extended within one mile of ithe project site,the applicant shall be required to extend the necessary infrastructure to ensure compliance with the above measure. Compliance Record: Timing: Upon completion of any reclaimed water lines which extend within one mile of the project site. Monitoring Entity: The City of Palm Springs Engineering Division; Department of Planning&]Building. Date Completed: Dudek&Associates,Inc. Mitigation Monitoring Program-38 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report WASTEWATER 1. Measure: The project applicant shall provide all on-site system improvements required to meet wastewater disposal needs for the proposed project in a staged fashion prior to issuance of building permits for each relevant phase of development. Imnlementation: Prior to the issuance of building permits,the applicant shall pay for and install the necessary wastewater system improvements required by the project,to the satisfaction of the City Engineer. ' Prior to the issuance of permits to connect,the applicant shall pay the existing sewer connection fees and plan check and inspection fees in accordance with the above measure. .Compliance Record: Timing: Prior to the issuance of building permits,prior to the issuance of permits to connect. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 2. Measure: No off-site improvements to wastewater facilities have been identified at this time. Therefore,no additional fees are anticipated to fund major capital improvement projects for sanitary collection and disposal. The applicant shall,however,upgrade the existing sewer main in the vicinity of the project or construct a new feeder main to connect to the existing sewer line at the point of adequate capacity to accommodate existing and project related effluent. Imnlementation: Prior to the issuance of occupancy permits,the applicant shall either upgrade or construct the new main required to accommodate project related effluent,to the satisfaction of the City Engineer. Prior to the issuance of occupancy permits, the applicant shall pay all necessary costs for providing full wastewater service to the site. Compliance Record: Timing: Prior to the issuance of occupancy permits,prior to the issuance of permits to connect. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 3. jig: The project applicant shall acquire and grant all easements to the City of Pahn Springs for the maintenance of the sewer system serving the project prior to the issuance of grading permits. Implementation: Prior to the issuance of grading permits, the applicant shall acquire the easements required by the above measure and shall grant them to the City of Palm Springs in perpetuity which ensures compliance with the above measure. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: City of Palm Springs Engineering Division. /NJ Dudek&Assocwtes,Inc. Mkigation Monitoring t�gram�� 1 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Date Completed: SOLID WASTE Y 1. MM.s:s: The project operator(s)shall participate in the Palm Springs curbside recycling collection program for the life of the project. Implementation: Prior to the issuance of grading permits, the golf course operator(s) and homeowners representative(s)shall submit a golf course operation and maintenance plan addressing the above mitigations to ' the City of Palm Springs Department of Planning&Building. CC&R's shall include this requirement for all residential areas. Compliance Record: Timing:Prior to the issuance of grading permits,for the life of the project. Monitoring Entity: City of Palm Springs Department of Planning&Building. Date Completed: 2. Measure: The project operator(s)shall be required to dispose of green waste at appropriate cogeneration and composting facilities for the life of the project. Imp&mentation: Prior to the issuance of grading permits,the golf course operator shall submit a golf course operation and maintenance plan addressing the above measure to the City of:Palm Springs Department of Planning&Building. Compliance Record: Timing: Prior to the issuance of grading permits. Monitoring Entity: City of Palm Springs Department of Planting&Building; Building Official_ ' Date Completed: 3. Measure: During the life of the project,the project operator(s)shall comply with the requirements of the CVAG Integrated Waste Management Plan Source Reduction and Recycling Element (SRRE), CVAG Household Hazardous Waste Element(HHWE), and all other applicable regulations associated with solid and hazardous substances on the site shall first obtain the required permits from the County of Riverside Department of Health Services (DOHS) and any other applicable permits for the life of the project and notify Palm Springs Fire Department. Implementation: Prior to the issuance of occupancy permits and for the life of the project,the applicant shall obtain the necessary permits required by the above measure and submit proof to the City's Director of Planning &Building and Fire Department for approval. Compliance Record: Timing: Prior to the issuance of occupancy permits. Monitoring Entity: City of Palm Springs Department of Planning&Building;Fire]Department; City's Recycling Coordinator. Dudek&Associates,Inc. kritigation Monitoring Program-40 ' City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report Date Completed: ELECTRICITY 1. lure: As determined by Southern California Edison(SCE),the project applicant shall be responsible for paying the costs of the electric improvements serving the site,prior to the issuance of building permits. Implementation: Prior to issuance of building permits,the applicant shall pay for all the necessary electrical ' utility extensions and improvement required to serve the project. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City's Building Official. Date Completed: 2. Measure: Prior to the issuance of building permits,the applicant,in cooperation with SCE, shall identify any electrical easements which may be required for the proposed project. All facilities shall be located within public rights-of-way or dedicated public utility easements. Any cost of right-of-way acquisition shall be paid for by the developer. Implementation: Prior to issuance of building permits, the applicant shall identify and pay for any cost associated with the acquisition of electrical casements which will be required by the project. The City Engineer shall verify these plans to ensure City codes have been adhered to. Compliance Record: Timing: Prior to issuance of building permits. ' Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: NATURAL GAS AND PETROLEUM 1. Measure: Prior to issuance of building permits, the applicant, in cooperation with the Gas Company, shall identify any natural gas easements which may be required for the proposed project. All facilities shall be located within public rights-of-way or dedicated public utility easements. Implementation: Prior to issuance of building permits, the applicant shall identify and pay for any cost associated with the acquisition of natural gas and petroleum easements which will be required by the project. The City Engineer shall verify these plans to ensure City codes have been adhered to. Compliance Record: Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: �f I�BI '� Dudek&Associates,Inc. Mitigation Monitoring Program-41 City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report TELEPHONE AND CABLE TELEVISION 1. Measure: The applicant shall notify GTE and Time Warner Cable of their intentions to develop property as early in the planning process as possible and shall enforce GTE's cost recovery rules to mitigate impacts on GTE's capital expenditures and on capital works planning. Implementation: Prior to issuance of building permits,the applicant shall comply with the above mitigation measure. .Compliance Record: ' Timing: Prior to issuance of building permits. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 2. MG 1Su1-e: The applicant shall be required to continue to cooperate with GTE and Time Warner Cable concerning the construction of new underground utility lines. Implementation: As construction of new underground utility lines becomes necessary, the applicant shall pay for and construct all necessary extensions and improvements required to comply with the above measure. Compliance Record: Timing:When the concoction of new underground utility lines is deemed necessary. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: 3. M£asu e: The applicant shall be required to underground existing overhead utility lines in accordance with City ' ordinance and/or as determined by the formation of an undergrounding district with adjacent property owners. Implementation:If deemed necessary by the City and utility companies,the project applicant shall pay the cost for undergrounding existing overhead lines which are adjacent to the project site. Also,upon formation of an undergrounding district with adjacent property owners, the applicant shall pay for the required improvements deemed necessary by the district. Compliance Record: Timing: If and when deemed necessary by the City and utility companies and upon formation of the undergrounding district with adjacent property owners. Monitoring Entity: City of Palm Springs Engineering Division. Date Completed: HEALTH FACILITIES No mitigation measures are required for this topic. Dudek&Associates,Inc. Mitigation Monitoring Program-42 ' City of Palm Sprintts Mountain Falls Golf Preserve Environmental Impact Report LIBRARY FACILITIES No mitigation measures are required for this topic. PUBLIC TRANSPORTATION No mitigation measures are required for this topic. Dudek&Associates,Inc. Mitigation Monitoring Program-43 City of Palm Springs Mountain Falls Golf Preserve Statement of Overriding Considerations EXHIBIT C CALIFORNIA I;NVIRONMENTAi,QUALITY ACT STATEMENT RIDING CONSIDERATIONLi FOR THE MOUNTAiN�Fr FALLS YOU PRESERVE ' F.NVIRONMF.NTAi.IMPACT REPORT The California Environmental Quality Act(CEQA)and the State CEQA Guidelines provide that: "CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic,legal,social,technological,or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered"acceptable." When the lead agency approves a project which will result in the occurrence of'significant effects which are identified in the Final Environmental Impact Report (EIR)but are,not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. If an agency makes a statement of overriding considerations, that statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. This statement does not substitute for, and shall be in addition to findings required pursuant to Section 115091." Sienific nt Environmental Impacts of the Proj ct Which Cannot Be Milted to a Level of nsi i�fic`an� ' The project may have significant or certain substantial impacts on the environment which cannot be fully mitigated or avoided. These impacts are identified in the Final EIR. All of the impacts associated with the proposed project,with the exception of significant impacts referenced herein,have been reduced to the extent considered feasible and have been reduced through the incorporation of mitigation measures. The significant or certain substantial adverse impacts identified herein also have been mitigated to the extent feasible,however, these impacts cannot be fully avoided to a point of less than significant. The significant environmental impacts of the proposed project which cannot be avoided or mitigated to a level of insignificance are identified in Final EIR and the Statement of Facts and Findings and are as follows: • Groundwater consumption of the project will contribute to the overdraft condition affecting the Whitewater River Subbasin. • It is the opinion of the City's consulting biologist that the development will have a cumulatively significant impact on Bighorn Sheep when considered in conjunction with past and future project. This finding has been disputed by experts who have submitted documents and testimony to the City. The project proponent has submitted credible evidence that the site is poor quality habitat for Bighorn Sheep due to,among other factors,the prior disturbance associated with the flood control project, and the existing intrusion into the area of persons and domestic pets. Moreaver,the evidence shows little use of the site by Bighorn Sheep,and the limited evidence shows infrequent sightings only in the upper State nl of Ow"iding Com doaliow-1 ' City of Palm Springs Mountain Falls Gol Preserve Statement of Overriding Considerations elevations which are beyond the area being developed for this project. The urbanization of the alluvial areas along San Jacinto Mountains has been extremely limited in recent decades,yet the number of Bighorn Sheep have declined, calling into question the conclusion regarding the impacts of urbanization on Bighorn Sheep. However,recognizing that there is disagreement amongst experts on this issue,a finding is made here based upon the opinion of the consulting biologist that although it is apparent that there will be no"take"of Bighorn Sheep as defined in the Federal and State Endangered ' Species Act and the respective regulations thereunder, the project may have unavoidable adverse cumulative impacts on Bighorn Sheep. • Short-term construction emissions will exceed SCAQMD threshold criteria for PM-10 on a daily basis and NOx on a daily/quarterly basis. The City has determined that the unavoidable impacts of the proposed project are acceptable when balanced against the benefits of the project. The following benefits are found to outweigh and make acceptable the unavoidable adverse impacts of the proposed project as described in the Final EIR and the Statement of Facts: 1. The City has determined that the project will have a beneficial economic impact by expanding the City's tax base,including but not limited to property tax,transient occupancy tax,sales tax and other taxes. The Director of Finance concluded that the taxes generated from the project could range from$143,000 to$683,000 with the likeliest result being an annual increase of$300,000. 2. The economic impacts of the project will be beneficial and contribute to the stabilization of the local economy. The City has imposed a utility tax which supplements a budget short-fall of$4 million dollars. 3. That the addition of a new Arnold Palmer Signature Golf Course is the City's first new golf course in four years and is the first new private golf course in 13 years. 4. That the City has 9 existing golf courses (5 full size 18-hole courses and 4 executive 9-hole courses)and that this new privately funded golf course will expand marketing opportunities for existing and new hotels which ' currently refer guests to golf courses outside the City of Palm Springs. This new golf course will expand economic development opportunities,tourism and recreational opportunities. 5. The City wishes to encourage golf course recreation facilities in proximity to downtown which will benefit from and contribute to downtown revitalization and enhance Palm Springs reputation as a premier resort community. 6. The project will make a monetary contribution to support studies for the purpose of Bighorn Sheep conservation and preservation. 7. The project shall acquire and dedicate habitat elsewhere at a minimum ratio of 3 acres preserved for each acre disturbed to offset the loss of Bighorn Sheep foraging habitat,record a deed restriction on the balance of the land leased by the City and preserve 215.38 acres of on-site habitat. 8. The project will implement the City's General Plan objectives for the Tachevah Debris Basin which is to develop a golf course recreation facility as a productive,complimentary, and taxable use within the basin and encourages increased tourism by providing needed recreational opportunities in proximity to downtown hotels. The General Plan and use map shows a golf course within the Tachevah Debris Basin. Objectives and goals of the General Plan that are advanced by the project include: "The development of new lousing,including hotels and other accommodations for both the short- and long-term visitor in all areas of the City,while protecting the character and scale of existing residential neighborhoods." VJI39 Statement of Owrriding Considerations-2 City of Palm Springs Mountain Falls Golf Preserve Statement of d)verriding Cocwsiderations y oim "The developmem of sites which intermix commercial uses with housing,office,re;sort or recreational uses.., "Open space areas to provide for was of scenic beauty,protect environmental resources,guard against environmental hazards, provide recreational opportunities and create an aesthetic character for the City." "Provide a variety of housing types and densities." , "The proper conservation,development and utilization of watersheds and water resources." "High level of landscape quality on private properties throughout the City." "Well-designed,low water consuming,drought-resistant landscape materials,efficiently irrigated, as a means of reducing water demand." "Protection of residents,employees and buildings from storm flow flooding conditions that can pose significant hazards." "Reduction of the amount of vehicular emissions in Pahn Springs." 9. The project will provide enhanced flood control facilities within the Coler Estate which will improve 100 year storm protection for downstream properties. 10. By placing an irrigated recreational facility and golf course lake between existing residences in the:Las Palmas Neighborhood and the adjacent hillside,the project will provide improved protection against wildland fires. 11. The project will create approximately 39 full time jobs (including 9 highly skilled and 12 skilled positions). It will provide employment opportunities associated with the golf course,clubhouse,proposed restaurant/bar, retail/rental sales. In addition, the project will create approximately 100 fall-time job equivalents for , construction workers and an estimated expenditure of over$20 million dollars for total project construction. 12. The project will help the City satisfy its regional housing needs in the higher income categories. 13. That the project will pay Transportation Uniform Development fees,Palm Springs Unified School District mitigation fees,Drainage fees,and Sewer Connection fees which will be utilized to expand regional and local public facilities. 14. That the addition of a golf cours.;will enhance the aesthetic qualities of the site and reduce the negative visual impact of the existing debris basin and Tachevah Dam. Views of the golf course liom existing residences and undeveloped properties will be enhanced. 15. That the project will upgrade and improve existing Whitewater Mutual Water lines in the neighborhood thereby increasing the reliability and efficiency of the existing water service in the area. Statement of Overriding Considerations-3 ,