HomeMy WebLinkAbout19725 - RESOLUTIONS - 1/19/2000 RESOLUTION NO. 19725
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND
READOPTING RESOLUTION NO. 19431 RELATING TO
THE MOUNTAIN FALLS GOLF PRESERVE PROJECT,
INCLUDING THE STATEMENT OF FACTS AND
FINDINGS (EXHIBIT A TO THE RESOLUTION), THE
MITIGATION MONITORING AND REPORTING
PROGRAM (EXHIBIT B) AND THE STATEMENT OF
OVERRIDING CONSIDERATIONS (EXHIBIT C)
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WHEREAS,The Mountain Falls Golf Preserve Company(the"Applicant")filed an application with
the City of Palm Springs to construct an 18 hole golf course, clubhouse complex with
restaurant/bar/pro shop/guesthouse, maintenance building, and 20 condominium units (the
"Project"), located on 359.08 acres of land within Sections 9, 10, and 15; and
WHEREAS, the proposed General Plan Amendment, Zoning Map Amendment, conditional use
permit, and development project are considered a"project"pursuant to the terms of the California
Environmental Quality Act (CEQA), a Draft Environmental Impact Report was prepared and
distributed for public review and comment, and a Final Environmental Impact Report(Final EIR),
consisting of the Draft EIR, comments and responses to comments on the Draft EIR, a Technical
Appendix, Planning Commission public hearing minutes, comments on the Notice of Preparation,
a local golf course trip-generation study,and correspondence with various entities,was subsequently
prepared in accordance with CEQA, the State CEQA Guidelines, and the City's CEQA
Implementing Guidelines; and
WHEREAS,notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider the Applicant's application for the Project was given in accordance with applicable law;
and
WHEREAS, on May 13 and October 14, 1998, public hearings on the Draft FIR and the project,
respectively, 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 Final EIR as
complete, and adopt the mitigation monitoring program relating to Case 5.0730; and
WHEREAS, on November 18, 1998, the City Council of the City of Palm Springs held a duly
noticed public hearing on the project and on December 16, 1998, the City Council approved
Resolution No. 19431,certifying the Final EIR as complete and adopting the Statement of Facts and
Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding
Considerations; Resolution No. 19432,amending the Land Use Element of the City's General Plan
to realign a portion of a bike trail located in the area of the Project;Resolution No. 19433,approving
the Project's Conditional Use Permit; and Ordinance No. 1564; and
WHEREAS, on January 19, 1999, the Sierra Club filed a petition for writ of mandate challenging
the City's approval of the Project under CEQA,the California Fish and Game Code,the California
Endangered Species Act, the Federal Endangered Species Act, the City's General Plan, the City's
zoning code, and the Due Process Clause of the federal Constitution;
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WHEREAS, on April 12,1999,the Sierra Club filed a Second Amended Petition, and the parties to
the lawsuit briefed the merits of this petition for writ of mandate,and the Superior Court of the State
of California for the County of Riverside, California, Honorable Gloria Connor Trask, presiding,
heard argument and took the matter under submission on August 23, 1999; and
WHEREAS,the Court,through its ruling on the petition issued on October 1, 1999 and its Judgment
issued on December 17, 1999, found that the City's project complied with CEQA except that the '
administrative record did not contain substantial evidence to support the City's findings in
Resolution No. 19431 that: (1)the project would not cause significant,direct impacts to Peninsular
bighorn sheep or that such impacts could be mitigated to a level of insignificance,and(2)all indirect
significant impacts could be mitigated to a level of insignificance; and
WHEREAS,the Court,through its ruling on the petition and its Judgment,denied each of the Sierra
Club's claims under the California Fish and Game Code,the California Endangered Species Act,the
Federal Endangered Species Act, the City's General Plan, the City's zoning code, and the Due
Process Clause of the federal Constitution; and
WHEREAS, on Decetrber 17 1999, the Court issued a peremptory writ of mandate
remanding the proceedings to the City and commanding the City to set aside the proj ect approvals
for the Mountain Falls Golf Preserve,Resolutions No. 19431, 19432,and 19433 and Ordinance No.
1564 and to suspend any and all Project activity until the City has complied with CEQA; and
WHEREAS,pursuant to the Court's Judgment,the City Council rescinded the Project approvals for
the Mountain Falls Golf Preserve, Resolutions No. 19431, 19432, and 119433, through adoption of
Resolution No. 19717 , and repealed Ordinance No. 1564 by emergency Ordinance No.
1577 , and suspended any and all Project activity; and
WHEREAS,the Court directed the City to comply with the terms of the peremptory writ of mandate, '
including compliance with CEQA; and
WHEREAS,the City Council has considered the administrative record for the project in connection
with the Sierra Club's petition for writ of mandate and the Court's Judgment.
ON THE BASIS OF THE ADMINISTRATIVE RECORD CERTIFIED IN THIS MATTER ON
FEBRUARY 24, 1999, THE CITY COUNCIL HEREBY FINDS AS I[ OLLOWS
Section 1:
The Court's Judgment found that the City's approval of the Project violated CEQA
in the following two respects: the administrative record did not contain substantial
evidence to support the City's findings in Resolution No. 19431 that: (1)the Project
would not cause significant,direct impacts to Peninsular bighorn sheep or that such
impacts could be mitigated to a level of insignificance,and(2)all indirect significant
impacts could be mitigated to a level of insignificance. To bring the Project
approvals into compliance with the Court's Judgment,the City hereby amends these
findings to find that: (1) the Project will cause significant direct impacts to
Peninsular bighorn sheep,.and(2)the Project will cause significant direct impacts to
Peninsular bighorn sheep.
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Section 2:
Through the Statement of Facts and Findings,attached as Exhibit"A"to Resolution
No. 19431,the City made findings that: (1)the Project would not cause significant,
direct impacts to Peninsular bighorn sheep, and (2) all indirect significant impacts
could be mitigated to a level of insignificance. To comply with the Court's
Judgment,the City hereby amends the Statement of Facts and Findings as follows:
• On page 11, the paragraph inserted under the heading "BIOLOGY" is here
amended as follows:
Even with mitigation,the Project will have significant direct,indirect,
and cumulative impacts to one state and federally listed species,the
Peninsular Bighorn Sheep (PBS). With mitigation, the Project will
have less than significant direct and indirect impacts on 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 onsite. 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 to
PBS. 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 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 construction of the golf
course. The Court found: (1)the record does not contain substantial
evidence to support a finding that the project will not cause
significant, direct impacts to PBS or that such impacts can be
mitigated to a level of insignificance, and (2) the record does not
contain substantial evidence to support a finding that all indirect
significant impacts can be mitigated to a level of insignificance. The
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City adopts the Court's conclusions and therefore determines that the a d
project may have significant direct and indirect impacts on PBS. 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 Mountain group (20-2-6 animals)
and the Peninsular ranges (280 animals). 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.
• On page 12, Finding 2: is amended to read as follows:
Finding 2: Changes or alterations have been required in,or incorporated into,the proj ect
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR (impacts to wildlife and wildlife habitats).
• On page 12,under the heading Facts in Support of the Finding,the text in the
opening and first paragraph is amended to read as follows:
Facts in Support of the Finding:
The following measures will mitigate impacts on Sonoran Creosote Bush
Scrub Habitat, and the indirect impact of reduction of use of adjacent areas
to below a level of significance. The following measures will mitigate
impacts due to the direct loss of habitat for PBS but not to a level of
insignificance: ,
1. Dedication of like habitat elsewhere to offset the loss of bighorn
sheep foraging habitat. The conservation area to be dedicated shall
be located in the San Jacinto or Santa Rosa mountain ranges and shall
be at a ratio of three (3)acres preserved for each acre disturbed. The
dedication can either be outright donation of land consisting of like
habitat, purchase of additional property which is like habitat, or
moneys dedicated to preservation of bighorn sheep habitat of similar
habitat value, or a combination of all three. The dedication will be
provided by the project proponent to the City of Palm Springs for the
purpose of managing wildlife habitat.
• On page 15,the text:under the heading Finding 4: is hereby amended to read
as follows:
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 (direct,
indirect and cumulative impacts to Bighorn Sheep).
• On page 15, the text after the heading Facts in Support of the Finding is '
hereby amended to read as follows:
The mitigation measures identified above will not fully mitigate the proj ect's
significant direct, indirect and cumulative impacts on PBS. To completely
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eliminate the project's potential direct, indirect and cumulative impacts on
PBS would require that the project site west of the Tachevah Dam remain
undeveloped. The City has balanced the project's impacts against the
benefits its citizens will receive from the project such as the provision of
jobs,taxes,housing,recreation,and implementing of the City's 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 project's significant direct,
indirect and cumulative impacts to bighorn sheep. This finding is consistent
with the City's adopted policies, programs, and findings, including
community projections and the General Plan golf course designation on this
site.
• On page 40, the second sentence of text under the heading"Alternative #6 -
Avoidance of Sheep Habitat" is hereby amended to read as follows:
Relocation of the project to an alternative site will entirely avoid potential
significant direct, indirect and cumulative impacts on the Peninsula 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.
Section 3:
The City hereby amends the Mitigation Monitoring and Reporting Program to read
as follows:
• On page 20,the text under the heading"Biological Resources"measure
is hereby amended to read as follows:
Dedication of like habitat elsewhere to offset the loss of bighorn sheep
foraging habitat. The conservation area to be dedicated shall be located in the
San Jacinto or Santa Rosa mountain ranges and shall be at a ratio of three(3)
acres preserved for each acre disturbed. The dedication can either be outright
donation of land consisting of like habitat, purchase of additional property
which is like habitat or moneys dedicated to preservation of bighorn sheep
habitat of similar habitat value,or a combination of all three. The dedication
will be provided by the project proponent to the City of Palm Springs for the
purpose of managing wildlife habitat.
Section 4:
The City hereby amends the Statement of Overriding Considerations to read as
follows:
• On page 1, under the heading "Significant Environmental Impacts of the
Project Which Cannot be Mitigated to a Level of Insignificance,"the second
bullet point is hereby amended to read as follows:
1 The Project may have significant direct and indirect impacts on
Bighorn Sheep, as identified in the Statement of Facts and Findings.
Additionally, it is the opinion of the City's consulting biologist that
the development will have a cumulatively significant impact on
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Bighorn Sheep when considered in conjunction with past and future
projects. 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 existing
intrusion into the area of persons and domestic pets. Moreover, the '
evidence shows little use of the site by Bighorn Sheep, and the
limited evidence shows infrequent sightings only in the upper
elevations which are beyond the area being developed for this project.
The urbanization of the alluvial areas along the '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 on 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.
NOW,THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby
amends and readopts Resolution No. 1943 1,including the Statement of Facts and Findings(Exhibit
A), Mitigation Monitoring and Reporting Program (Exhibit B), and Statement of Overriding
Considerations (Exhibit C), as set forth above.
ADOPTED this 19th _day of January, 2000 '
AYES: Members Oden, Reller-Spurgin and Mayor Kleindienst
NOES: Members Jones and Bodges
ABSENT: None
ABSTENT S:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Interim City Manager
REVIEWED BY:
1
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City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
STATEMENT OF FACTS AND FINDINGS EXHIBIT A
FOR THF.
MOUNTAIN FALLS GOLF PRESF.RVE
ENVIRONMENTAL IMPACT REPORT
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 limited to ,the following:
• Draft and Final Environmental Impact Reports 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 Palm 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.
Finding I i Impacts identified will not cause a significant impact on the environment.
Finding • 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 ing'i 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.
Finding 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 of Facts&Findings-I
City of Patin Springs Mountain Falls Golf Preserve ttiatenwnt of Facts and Findings
ENVIRONMENTAL EFFECTS I IMPACT FINDINGS. MANDATORY Ca;OA FINDINGS. FACTS IN
SUPPORT OF THE FINDINGS I MITIGATION MF.ASIBM
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 Patenclo 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 intersea.tion 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 dining 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:
Finding 2, 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 Pahn 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 spatial events(e.g.golf tournaments)occur which could generate a significant increase in parking demand
q
Statement oj'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
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 Patin 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.Engin=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 Patin 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,
3158 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 diumal 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 SCAQIVID 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 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.
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[ion 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.
Statement of Factr do Findings-4 '
City of Patin 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 immediate area of construction). (/A?
• 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 minimi7x 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 obsti uxion 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 concoction activities including
advance public notice of routing.
2. Cut and fill quantities shall be balanced on-site.
3. 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.
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 at the end of the day.
Statement of Facts&Findings-5
City of Patin 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 minimize wired 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
NIPH,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.
FindFF�ng4: 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(PMio 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 Snnnort 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 met 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 tern improvement of PM-10 emissions through the planting of groundcover
on the site. The City views the project's long team 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.
Statement oifFacts&Findings-6 '
City of Patin Springs Mountain Falls Golf Preserve Statement of Facts and Findings
NOISE �
Noise levels on area strects were quantified based upon 2010+project traffic volumes. Under 2010+project 'condi/ bons,
the 65 and 70 CNEL contours will remain within the right-of--way along all residential streets within the Las Palmas
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 Cahurilla 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 hours of consaructien,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,state,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 T below grade to reduce noise at adjacent homes. Furthermore,since there
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 time 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 EIR (short-term
construction-related and long-term operational noise impacts).
Facts in Support of the Finding
Mitigation measures in the Final EIR require that the project applicant follow short-term 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 am. 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 co nstmction occurs early in the construction process to reduce intrusive noise levels
at adjacent residences.
Statement of Facts&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[right 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 a.m.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 feel:below existing grade to increase
the effectiveness of the sound wall, that the orientation of the maintenance building be adjusted to tmnimzze+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 o Dr stntction 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, regulatiops 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 minirize the potential for the annoyance of adjacent existing residents
related to noise generated by construction activities.
Statement of Facts&Findings-9
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Find'n s
VFT
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 dB 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 am.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
�I 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)hoar
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 ofPabn Springs Mountain Falls Golf Preserve Statement of Facts and Findings
16. For additional noise attenuation,parking areas adjacent to the nine homes.lionting 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 an-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/moncealment 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 Mown 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 home by another
animal to the golf cause 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 construction 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 Sari 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 colllecting 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,feeding or sheltering. The flood control dike forms a barrier which make it highly unlikely
that PBS would cane into contact with automobiles or the Hand 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 20131 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.
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(impacts to the
PBS,wildlife and wildlife;habitats). y
Statement of Facts&Findings.10 ,
City of Palm Springs Mountain Falls Golf Preserve Statement offacts and Findings
Facts in Support of the Fndingv:
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 by 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$50,000,payable over 5 years in annual$10,000 installments,shall be
provided by the proponent 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.
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 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 hikingiequestrian 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).
Tr7/3
Statement of Faces&Findings-I t
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
5. The golf course developer shall prepare a management plan for the operation and maintenance of a our
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 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(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,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 '
City of Palm Springs I 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.
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(cumulative impacts to Bighorn Sheep).
Facts in Support of the Finding,
To co npletely eliminate potential cumulative impacts on PBS would require that the project site west of the Tachevah
Dam remain 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 bencfits 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 groumdshaking, 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:
Fmdine2- 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,scour potential,liquefaction,erosion,seismicity).
Facts in Support of the Finding;
The project includes standard design measures intended to mitigate geotechnical concerns. These include requirements
for design level geotechnical investigation to evaluate specific hazards and recommend 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 constriction. The following mitigation measures are incorporated into the project:
I. 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.
yA 1-4000�
Statenwnt of Facts&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., //T� /p
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 geoteclmical '
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 rack 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 geoteclmical 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 surfacee 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 ofFaets and Findings
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(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 treasures shall be
implemented:
1. Adverse effects to archaeological site CA-RIV-6033,consisting of rock calms and quartz flaking stations,shall
be mitigated by a combined strategy of preservation and data recovery. The rock calms shall be presented in
place by redesign of Fairway 13 (Figure 6.6-1 and Figure 4.3-2 of FOR 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 sbdm 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 die 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 generally 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.
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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 associaated with the proposed gang 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 Pahnas 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 lighting 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 b 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 shop,restaurant and bar fivm 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:
Finding2•1 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 light 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.
Sfaiem nt oaf Factr &Findings-l6 ,
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-appropriate plant materials.
Plant materials with a deep or dark green color aspect shall be avoided on these holes.
4. Existing visuall 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 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 luminaire 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 tarain,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 concocted 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 tighter
subsurface material along the linear fence alignment. Fencing plan submitted to Department of Planning&
Building prior to grading plan.
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(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, fertilizers,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. Concoction 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.
YA 19
Statement of Facts&Findings-17
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
MANDATORY CEQA FINDINGS: 1 ro a V
Finding ,- 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 Support 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 no[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 jutrisdictional at=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 curse 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 theyiare 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.
Urns ,coon Site BMPs: 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 implemental, 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
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 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 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 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[lose areas should be as coarse and uniformly
graded as possible to promote infiltration.
• If the existing wat=ou6es 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.
b. 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.
ki
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" Statrment of Facu&Findings-19
City of Palm Springs Mountain Falls Golf Preserve Statement of Fats and Findings
• Pre-emergmt products which are nearly insoluble such as Ronstar and Surflan shall be used for ground
cover and shrub beds. ylo bqa
• 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,fioquent 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.
8. The following BMP's shall be employed at the site for fertilizer products:
• The use of slow release nitrogm 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 025 pounds of actual nitrogen per 1000 square feet(10.9 lbs/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:
• Cora .-Pesticides shall be stored in enclosed areas,on impermeable surfaces pnotccted 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 err 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.
• IrrigadonSchedulin -Excessive use of irrigation water after pesticide application and irrigation water
runoff shall be avoided.
Statement of,Faeu&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.
11. 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 Nonctructaral BMPs
Nnnsrmcmral AMPS Golf Course,Cnndamininm RrgtgiTnmt Pairing int Maint HMe
Education of Management and Staff X X X X X
Litter 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
Recommended Routine Structural BMPs
Routine structural RMPs Golf Come Condomini im Restnumnt Parldnv l n[ Maint BIdv,
Grading to Control Runoff X X
Preservation of Natural Drainage X
Control of Impervious Runoff X X X X X
Landscaped Areas for Rtration 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 Arm 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 gasoline as fuel for landscape
maintenance equipment. Hazards involving the use of pesticides include the potential for human exposure through
airbo me or waterbome 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 stored materials to
rainfall could cause chemicals or petroleum products to enter surface runoff and be carried into natural drainage courses.
Statement of Facts&Findings-21
a /rt '1 n
City of Palm Springs Mountain Falls Golf Preserve Statement of Fasts and Findings
As for household hazardous wastes,residents and employers 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 actual application of
pesticides. The potential for release of hazardous substances represents a potentially significant,but m itigable,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
Canty 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:
Fn�dine 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 Sil)mort 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. In 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 Managerrient 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 ethurse,clubhouse,proposed restaurant/bar,retaillrental sales.
In addition,approximately 100 full-time job equivalents for construction workers andd an estimated expenditure of over
$20 million dollars for total project construction will result from project implementation.
MANDATORY CEQA FINDINGS:
F'n 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 tie 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 o Facts and Findings
populations due to its residential and recreational components,the magnitude of the project will not contribute to
mccodance 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:
Findding1: 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 currant 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 strewher/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:
Funding 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(fire service,wildland fire hazards,
design regulations,emergency access).
Facts in Srg2nort of the Finding
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.
Swe nent of Facts&Findings
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 budd'uigs and which provides for long term maintenance of the buffer,prior to
the issuance of occupancy peanuts. ]Maintenance under the plan shall continue;for the life of The project. OZ
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
Fro;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, l8-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. hi addition, the existing bike trail through The Las Palmas
neighborhood will provide adequate bicycle linkages in the area.
MANDATORY CEQA FINDINGS:
Findiul~Z: 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 Support of the.Finding-
The following mitigation measure is incorporated into the project.
I. 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 minimrmt. 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 Patin Springs Mountain Falls Golf Preserve Statement of Facts and Findings
MANDATORY CEQA FINDINGS:
Fndin • 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:
Findingl: 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:
Finder 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:
Finding l- Impacts identified will not cause a significant impact on the environment.
Facts in Supnort of the Finding;
The project does not propose any uses,such as 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.
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Statement of Facts&Findings.25
City of Palm Springs Mountain Falls Golf Preserve Statement of Fact:cand Findings
WATER SUPPLY &DEMAND pay
The need to extend a water supply system to serve the project site represents a potential impact which rim be mitigated
by adequate planning and funding of infrastructure. The project will design,construct, and fund an adequate water
supply system to serve the potable and irrigation needs of the project. The projegt 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 A.FY)of potable water '
and estimated 515,592 gpd(5775 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 Coacbella 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 ElFt (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 EM 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 Cade,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 trading 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
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(Cumulative water delivery infrastructure).
Facts in St(Rport 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 be 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.
F1IIding 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.
Fact-,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
215.38 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 current 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.
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 (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. 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.
Statement of Facts do Findings-27
City of Palm Springs Mountain Falls Golf Preserve Surtement of Facts and Findings
2. No off-site improvements to wastewater facilities have been identified at this,time. Therefore,no additional '
IA 36
fees are anticipated to fund major capital improvement projects for sanitary collection and. disposal. The i
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 dart) which it diverts to either the
Whitefeather composting facility or the Edam Hill landfill,both in Cathedral City. Ely 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 Flom 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:
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(solid waste).
Fact-,in Silpport of the Finding_
In 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(HITWE), and all other applicable regulations associated with solid and hazardous
Statement of Facts&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 Fired
Department.
F'ndin 9• Such changes or alterations are within the responsibility and jurisdiction of another public agency and not
the agency malting 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).
Facts in Supli 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 Hill landfill in 2010,and unless all jurisdictions within 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 mitigable,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 consurne 502280 kilowatt 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 fighting. 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:
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(electrical system).
Facts in Support of the Findin g-
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 en-site improvements necessary to provide 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.
Y031
Statement of Facts h Findings-29
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
I. As determined by Southern California Edison(SCE),the project applicant shall be responsible for paying the
acts of the electric improvements serving the site,prior to the issuance of building permits.
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 shalil be located within public rights-
off-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:
Finding2i 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).
Farts 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 GTE's cost recovery rules and providing the proper advanced notice is
provided to GTE. The cost of improving the system if deemed necessary will be borne 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:
Findin a 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 theme services to the
project are provided. The following measures are incorporated into the project.
Stwement of Facts&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 planning.
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
Watemotnse(W). The project proposes twenty new condominium units,a golf course with 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 east and
north of portions of the project. Most of the project site is physically separated from adjacent residential uses by the
Taclievah Dam,a rock faced embankment averaging 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:
Finder Impacts identified will not cause a significant impact on the environment.
Facts in Support of the Finding_
i
i
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 discussed in detail in the EIR and at public hearings on the project. All environmental topics
evaluated this condition in accordance with CEQA 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 and 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 P=is&' Findings-31
City of Palm Springs Mountain Falls Golf Preserve h4atement of Facts and Findings
ALTERNATIVES TO THE PROPOSED PROJECT U Nay
As required by Sections 15126(f)and 15126.2 of the California Environmental Quality Act,a range oflallt/ernatiives to
the proposed project have been described and analyzed The altematives 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:
FlndinE_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 silRport 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 taa revenues and implementation of the General Plan objective which calls for
development of a golf muse 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 alternative 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 151 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:
Fending 44 Specific economic,legal,social,technological or other considerations,including provision of employment.
opportunities for highly trained workers,snake infeasible the project alternatives identified in the Final EIR„
t
t
Statement of Facer de Findings-X;
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
Facts in Support of the Findings,
While this alternative would reduce impacts 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 acre Cola 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-RIV-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.
Fin in 4- 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 SuM=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
General 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¢hat 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 alterative would be of a similar intensity to the proposed project,therefore,environmental impacts
and land use compatibility issues with adjacent properties would be similar.
ti
yR3r
Statement of Facts&Findings-33
City of Palm Springs Mountain Falls Golf Preserve Statement of Facts and Findings
MANDATORY CEQA FINDINGS: y ti 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 Sr)pliort 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
Cafante Band of Cahuilla Mans 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:
FindinQ 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.
Fact�Support of the FndinQ:
This alternative 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 alternative 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 111, which is removed from the base of the San Jacinto Mountains. Relocation of the project to an
alternative 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 offshe 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:
Findin g.4 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 and Findings
Facts,in S gtnort of the Findings-
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 those of the alternative.
Alternative#7-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.
Statement of Facts&Findings-35
City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
MITIGATION MOMTORINGPROGRAM[ EXHIBIT B
EUR
MOUNTAIN FALLS GOLF PRESERVE
F,NVIRONMEMEA_L 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 effectiveiy
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 hupact 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 Irnpact 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 hour 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 the mitigation measure that the
mitigation 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.
V /3 V
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TRAFFIC AND CIRCULATION 1 � Y01--
1. Measure: The project proponent shall improve Via Monte Vista along the project frontage,to three ,engineering
standards for collector streets of the City of Palm Springs.
Implementation: Prior to issuance of a grading permit, strcct improvement plans showing required
improvaner is to Via Monte Vista shall be 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. Measles: 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.
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.
Complian R ord:
Timing: Prior to issuance of grading Permit.Prior to the issuance of occupancy permits.
Monitoring Entity: City of Palm Springs Department of Planting&Building.
Date Completed:
3. Mcasu fg: 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.
Implementation: Prior to issttanec of grading permits,the applicant shall prepare a traffic control plan and site
distance analysis for the project'cntry 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. Mac tr : 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
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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 thatt approach the site
after dark.
Implementation: 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/urigation 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/hilting trail on-site to accommodate the
golf course,as required by the City,and designed by a City approved trail planner.
Implementation: Prior to the issuance of building permits, the applicant shall submit a final site plan which
identifies the proposed relocation of the existing equeslrianihildng trail to the Department of Planning&Building,
and Parks and Recreation. Trail alignment must be determined by a City approved trail pla riner/builder.
Compliance Record:
Timing: Prior to the issuance of building permits.
Monitoring Entity: City of Palm Springs Department of Planning&Buildhag.
Date Completed: .r
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
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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. ON
Implementation: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.
Implementatoo :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. Mt:8M:Lffhe 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.
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Compliance Record:
Timing: Prior to the issuance of occupancy permits.
Monitoring Entity: City of Palm Springs Department of Planning&Building.
Date Completed:
9. Me95ltt e: If determined by the City Engineer the project proponent shall re-stripe the intersection of North Vine '
and West Chino Drive to connect die centerline of West Chino Drive(west leg of intersection),and North Vine:
Avenue(south leg of intetwaton). 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.
Crimpliance Record:
Timing:Prior to issuance of grading permits.
Monitoring Entity:City of Palm Springs Engineering Division.
Date Completed:
10. Measu : The project applicant shall work with the City of Patin Springs and Riverside County Flood Control
and Water Conservation District(RLT7CWCD)to grant appropriate access easements to the owner of the 1.2 acre,
"not-a-part"parcel within the project boundary,if required.
jmplementation:Prior to issuance of a grading permit,the applicant,working with the City of Pahm 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. releactre: 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 ping them tuned.
• Prohibit idling and other unnecessary operation of equipment; y o y.l .
• Utilize existing power sources(i.e.,temporary power poles) and avoid on-site power generation.
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• 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).
• Employconstnetion 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 Rucks 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 now 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. Measure: 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 for review and
approval.
Compliance Record:
Timing:Prior to the issuance of grading permits.
Monitoring Entity:City of Palm Springs Engineering Division.
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Date Completed:
3. ,h'IuSllLC: The proposed project shall comply with the provisions of Chapter 13.50 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 deist control measures
shall be prepared and submitted to the Building Official for approval prior to the issuance of any grog Pests
associated with the project. The plan shall specify the fugitive dust control measures to be,employed
Win: 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,
ensuring 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 projec¢'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.
?mplementation: 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. q A y 1
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Monitoring Entity:City of Palm Springs Engineering Division,Building Official.
Date Completed:
6, jig: 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: During grading and constmction 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 projeces construction manager,City of Palm Springs Building Official.
Date Completed:
7. Mensu : 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 minimize wind erosion of the soil.
Imnl n a ion: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.
1 Monitoring Entity: The project's construction manager,City of Palm Springs Building Official,Department of
Planning&Building.
Date Completed:
8. Mom: 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.
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 project's construction manager,City of Palm Springs Engineering Division,Building
Official.
Date Completed:
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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.
Tmp]CmCBtation 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 projeces 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.
IMIllementation: Prior to grading and construction, the projects construction manager shall provide
documentation from the fuel jource that the fuel has less than the maximum sulphur content and records
indicating the timing of engines 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 dcrnonnstrata,
compliance with this measure for the duration of the construction process.
Compliance Record:
Timing: During construction,on it daily and bi-weekly basis for the duration of the construction process.
Monitoring Entity: Projeas construction manager,City of Palm Springs Building Official,Engineering Division. ,
Date Completed:
11. Measure: Construction personnel shall be informed of ride sharing opportunities.
ImRIeIlleLtStt4II: Prior to the i a ssuance of grading permits,the applicant shall submit a plan for rideshare aril
transit incentives for the on-site c6iistru ctiorn workers,which shall be approved by the City's Director of Planning
&Building. This measnne shall titan be implemented throughout the entire grading and construction period,and
shall be inspected periodically for compliance by the Director of Planning&Building.
Compliance 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 Depara nent of Planning &
Building. q
Date Completed: q Aq
12. Meagure: Building construction shall comply with the energy use guidelines in Title 24 of the California
Administrative Code.
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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: v ff J)
Timing: Prior to issuance of building permits, l
Monitoring Entity: City of Palm Springs Building Official,
Date Completed:
NOISE
1. Measure: 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 muffle.
• 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 am.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 constructioncquipment,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.
Implementation: During grading and construction activities the City's Building Official shall ensure that the
above mitigation measures are n.dhered to by the project's construction manager.
Comnlian Re ord:
Timing: This shall be checked on a weekly basis for the duration of the grading and construction period by the
project's construction manager,the City Building Official.
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Monitoring Entity: The projects construction manager,City of Palm Springs Building Official.
Date Completed:
2. Mia-uIe: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.
TmWementation 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 Color Estate shall be built to ensure
compliance with the above measure. The City Building Official will verily 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. Measure: At the beginning of the:initial phase of development on-site,tht.developer shall constrict a 6-foal
block wall which complies with the Zoning Ordinance,along the boundary between the nine existing residenov;
fronting on Crescent Drive and the proposed project to min�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. Measure: Construct a 6-foot block wall in compliance with the Zoning Orduuince,between the maintenance area
and the proposed condominium units. (policies 6.22.4 and 6.22.5)
imW nta ion:Prior to the issuance of grading permits,a final site plan shall be submitted to the Department
of Planning&Building showing thr,location,color,material and height of the required wall. Prior to the issuance
of ocupancy 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: `�� Jgsi/
Timing:Prior to the issuance of grading permits,prior to the issuance of occupancy permits.
Monitoring Entity: City of Palm Springs Department of Plarming&Building Department,Building Official.
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Date Completed:
5. mute: 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 coma 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 planning&Building showing the redesigned maintenance building and access.
Compliance Record:
Timing:Prior to issuance of grading permits. Y /�
Monitoring Entity: City of Palm Springs Department of Planning&Building
Date Completed:
6. Mengure: 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)
IImlementation: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 proje t ct.
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 am.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. Measug: 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)
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:
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Timing: This shall be checked on a wceldy 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. Measure: 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) '
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 on a.weekly basis for the duration of the grading and construction period by the
project's construction manager hid the City Building Official.
Monitoring Entity: The project's construction manager,the City Building Official.
Date Completed:
10. I! easurC: Any work bays at the maintenance facility building facing east or north shall be kept closed prior to
7:00 a.m.each day.
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 maintenancel'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. Moore: locate the noisiest equipment (e.g., tractors and backhocs) at the western side of the proposal
maintenance building,away from the proposed condominium units.
ImWernentation: 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 complailnts from resident:;
regarding noise from maintenanceloperational uses.
Compliance Record:
Timing: For the life of the project,as complaints are received.
Monitoring Entity: The golf course operator,the City of Pahn Springs Department of Planning&Building.
Date Completed:
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City of Patin Springs Mountain Falls Golf Preserve Environmental Impact Report
12. Measure: Employees using equipment and the parking areas near the condominium units shall be required to:
• minimize the application of power and equipment acceleration,and y p
• avoid car door slamming as well as excessive vehicle acceleration.
1n1ementation: The golf cause 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 maintenanceloperational 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:
13. MeasltLe: 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 cause and permit the building structure to operate as a noise barrier,shielding existing
and proposed noise sensitive land uses.
Implementation:Prior to issuance of grading permits,alternative designs shall be submitted to the Department
of Planning&Building showing the re-oricated maintenance building and outdoor working area. If an alternative
design is feasible,a revised site plan and architectural elevations shall be submitted for approval.
Compliance Record:
Timing:Prior to issuance of grading permits.
Monitoring Entity: City of Palm Springs Department of Planning&Building.
Date Completed:
14. Meas : 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 alloNy 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:
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City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
15. Measure: Hours of operation for the clubhouse including the pro shop/restaurant/bar shall 1'x 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.
.Qrmpliance Record: '
Timing:Prior to issuance of occupancy permit.
Monitoring Entity: City of Palm Springs Department of Planning&Building
Date Completed:
16, Measure: 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.
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 conservations
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 Palm 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.
fompliance Record:
Timing: Prior to issuance of grading permits. V/�',J/)Sr
Monitoring Entity: City of Palm Springs Department of Planning&Building.
Date Completed:
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City of Palm Springs Mountain Falls Golf Preserve Enyironmentallmpacl Report
2. Meastlrg: 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.
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. Measure: A monetary payment in the amount of$50,000,payable over 5 years in annual$10,000 installments,
shall be provided by the proponent 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. Measure: 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. Plants species with known
toxicity are prohibited from use on the site. These species include:
Oleander
Pyracautha
Lantana
Castor
t
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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
fume 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 front 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(Psorotlwmnus).
Implementation: Prior to the issuance of building permits, the golf course developer shall submit detailed
landscapeArrigation 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:
5. Measu : 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 inforrnatiorl will focus out bighorn sheep use and behavior in the surrounding mountains.
The information will bi 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.
y
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City of Palm Springs Mountain Palls Golf Preserve Environmental Impact Report
ImWernentatwo :Prior to the issuance 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 throughoqR57
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 cent Measure:
• No lighting of the golf course and driving range shall be allowed.
Tintilementation: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 from 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 submit 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 Menspre:
• 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,
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City of Palm Springs Mountain Falls Golf Preserve Envirormrental 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 informatiion 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 coning 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.
S;ompliance Record:
Timing: Prior to issuance of occupancy pemuts.
Monitoring Entity: City of Palm Springs Director of Planning&Building.
Date Completed:
5 cont i�'�.Ieasnre:
• 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.
fomnliance Record:
Timing: Prior to issuance of grading permits.
Monitoring Entity: City of Palm Springs Department of Planning&Building.
Date Completed:
GEOTECBMC
In order to reduce the project's potential geotechnical hazards to a level of insignificance, the following mitigation
measures shall be implemented:
1. fie: 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.
Implementation: 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.
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City of Palm Springs Mountain Falls Golf Preserve Enviromnentallmpact Report
Compliance Record:
Timing: Prior to issuance of grading permits. 7
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 saturation 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
gcotechnical report to the(Sty Eagin=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. jig: 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.
Implementation: 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 permits and for the life of the project.
Monitoring Entity:Golf course operator,City of Palm Springs Engineering Division.
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City of Palm Springs Mountain Falls Golf Preserve Environtmntal Impact Report
Date Completed:
5. Mrasure: Specific recommendations related to rock fall protection shall be included in design]level gcotechnical
investigations,prepared by a certified engineering geologist. Rockfall hazards ivill 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 we 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.
Inmlementation: Prior to the issuanco 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.
t
C,pmnliance 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.
jmplementAtjpn: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. 1! ensure: 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.
Implementation: Prior to the issuance of grading permits, the project applicant shall submit a design level
geoteclmical report to the City Engineer with recommendations for mitigation of the conditions referenced above.
Dudek hAwoeiates,Inc. Mitigation Monitoring Program•21
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City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
Comnlianc Record: �r "
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.
Implementation: 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 Palm Springs Engineering Division, Department of Planning & Building,
Building Official.
Date Completed:
9. Meagure: 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 geotechrdcal investigations for the site
will be conducted and shall contain recommendations to ensure compliance with the above measure.
Compliance 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-RIV-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
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City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
stations shall be mapped,studied,oollected, 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.
i_mplementAtion: 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.
Cgrilpliance Record: '
Timing. Prior to issuance of grading permits,for the life of the project(unless otherwise indicated by the Agua
Caliente Band of Cahtdlla Indians Tribal Council).
Monitoring Entity: City of Palm Springs Department of Planning & Building, the Agua Calicate Band of
Cahuilla Indians Tribal Council.
Date Completed:
2. Measure: 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.
Imnhementatkon: Prior to issuance of grading permits the applicant shall retain a representaflve from the Agua
Caliente Band of Cahuilla Indians who shall be present during staldng and pre-grading activities at Fairway 13
and who shall work under the supervision of an archaeologist or other qualified individual.
Cpmoliance Record:
Timing: Prior to issuance of grading permits,during rough grading operations.
Monitoring Entity: Projeds archaeologist,City of Palm Springs Department of Planning&Building and Agua
Caliente Band of Cahuilla Indians Tribal Council.
Date Completed:
3. Measure: Site CA-RIV-6034,-603'i,-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.
IMIllementntion:Prior to the issuance of grading permits,the applicant shalt 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.
Commliance 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:
�.
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City ofPahn Springs Mountain Falls Golf Preserve Environmental lmPtYRepori
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 Caliente 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:
Tithing: 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 Cahuilla 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-RIV-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 Planning&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
1. 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 Division 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.
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City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
CjImpliance 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 cast.
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 due above measure.
During grading activities on this hole, a representative from the City's Planning&Building Department shall
conduct an on-site inspection to ensure compliance with the above measure.
Commliance 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 proje ct'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 Colex 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 ment of Planning&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&Buildingpdor to grading permits.
Compliance Record:
Timing:Prior to issuance of building permits. a r�
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City of Palm Springs Mountain Falls Golf Preserve Enviromnentallmpact Report
Monitoring Entity: City of Palm Springs Department of Planning&Building. l &&h
Date Completed: �J wV/
5. Measil : 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 luminaire 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 submit 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. Metre: 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 permits.
Monitoring Entity: City of Palm Springs Department of Planning&Building.
Date Completed:
7. )ire: 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&Assoclatm,Inc. Mitigation Monitoring Program-26
City ofPabn Springs Mountain Falls Golf Preserve Environmental 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.
Camnliance 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. ate: 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 chat they are not required shall be presented to the City prior to the issuance
of grading permits.
Tinplementation: Prior to the issuance of grading permits the applicant shall provide evidence that a 404 Permit
from the Army 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
ACOEJCDFG approved delineation of jurisdictional waters along with grading plans showing avoidance of the
delineated waters. The Director of Planning&Building and City Engineer shill 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 isstmee of occupancy
permits.
Monitoring Entity: City of Palm Springs Department of Planning&Building and Engineering Division,projects
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.
Imnl men a inn: Prior to the issuance of grading permits,the applicant shall comply with the above mitigation
measure.
S'omplkance Record:
Timing: Prior to issuance of grading permits. /uA
Dudek&Associates,Inc. Mitigation Monitoring Program-27 '
City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
Monitoring Entity: City of Palm Springs Engineering Division. 1 j3 q,
Date Completed: 'j�/(J
3. Measure: 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.
• Constmetion Site BMPs: 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-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, jam: 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 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 minimi irrigation runoff to the natural watercourses,and
• application of chemicals in accordance with label instructions and accepted local practice.
Dudek do Associates,Inc. Mitigation Monitoring Program-28
City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
Implementation: 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. Measure: The following drainage measures shall be applied during engineering design of the golf course:
• Watercotirses 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 possiblee 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 cWverts 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 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 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 Engrrreering 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.
. Ab
Dudek&Associates,Inc. Mitigation Monitoring Program-29 '
City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
Comnlianc Record: (�� 70
Timing: Prior to issuance grading permits, y
Monitoring Entity: City of Palm Springs Engineering Division and Department of Planning & Building,
Riverside County Flood Control and Water Conservation District.
Date Completed:
6. j ac tr : In order to reduce the potential volume of nitrogen leaching to the ground water because of fertilizer
application,only slow-rrlease or controlled-rtlease formulations shall be used Before any fertilizer applications
commence,the nutrients already in the soil shall be analyzed.
Implementation: 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 specific
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 Palm Springs Department of Planning&Building and Engineering Division.
Daze Completed:
7. Measu : 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.
• 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 dicarnba 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 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.
Dudek&Associates,Inc. Mitigation Monitoring Program-30
City o Palm Springs Mountain Falls Golf Preserve:Environrmntad Impact Report
CaMplinnee 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 ureaformaldehyde,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 100411 square feu(10.9 lbs/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 golfcourse
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.
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:
9. Msiasure.: The QAL or QAC shall implement the following guidelines for the project site: '
• Storer=-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 T nadinu-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 he 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.
Anplicadon-Pesticides shall be selected,whenever possible,which will have low solubility and degrade
rapidly in the soil. Spray draft 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 bars 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.
• Imitation S h ,ling-Excessive use of irrigation water after pesticide application and irrigation water
runoff shall be avoided.
Dudek&Associates,Inc. MUigation Monitoring Program-31 '
City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
• B=1s-Records of the quantity and type of pesticides used shall be maintained on permanent file at
the site. ylo�.
implementation: Prior to the issuance of building permits,the golf course operator 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 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.
Comnlianc Record:
Timing: Prior to issuance of grading permits.
Monitoring Entity: City of Palm Springs Engineering Division.
Date Completed:
11. : 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
Nonstructural RMN Golf n s.Condominium$g5t;nmmnt Parking T pt Mnin
Education of Management and Staff X X X X X
Utter Control X X X X
Landscapo 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
Hwmdouc 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 Environmeattal Impact ReporB
Recommended Routine Structural BMPs
Routine C ,c ,ml RMN Golf Con CondnmininmR cmmant Earldag.iaL Mnint Rldo..
Cnading to Control Runoff X X ,
Preservation of Natural Drainage X
Control of Impervious Runoff X X X X X
Iandecaped Areas for Filtration X X X X X
Runoff-minimizing Landscape Design X X X X X '
Trash Container Drainage Controls X X X
Eficienthrigation X X X
Wash Water Controls for X
Food Preparation Area
Dumpstcr Area Housekeeping X X
Vehicle Cleaning 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 Stormwater 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. Measure: Pesticides shall be applied only by trained professionals certified by State and County agricultural
officials. Any pesticides used shall be applied to manufacturers specifications.
Implementation: 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.
Compliance Record:
Timing: Prior to issuance of occupancy permits,for the life of the project.
Monitoring Entity: City of Palm Springs Department of Planning&Buildmg.
Date Completed:
2. Measure: Pesticides shall be stored in enclosed containers on impermeable surfaces protected from rainfall. Ih
case of storage container rupture,nmoff 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 cou nw
operation and maintenance plan addressing the above mitigation to the City of Palm Springs Department of
Planning&Building.
Dudek&.Associates,Inc. Mitigation Monitoring Program-33 1
City of Palm Springs Mountain Falls Golf Preserve EnvironntentalInvact Repo
rt
Compliance Record: I I I
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.
Implementation: Prior to the issuance of building pennits,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 Planting&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
1. 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 inspections to ensure that
the above measure has been unplemented.
Compliance Record:
Timing: Prior to issuance of building permits,prior to issuance of occupancy permits.
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.
IMplementaUM: 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&Assodwes,Inc. Mitigation Monitoring Program-34
City of Patin Springs Mountain Falls Golf Preservers Environmental Impact 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 implemented In addition,the Fire Department shall conduct an annual,ongoing
fire safety inspection program to ensure,that the above measure remains implemented,for the He 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 Palm 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 Jermits,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 issuance 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 permits,the City Building Official shall conduct on-site inspections to ensure
compliance with the above measure.
_Cpinpliance Record:
Timing:Prior to the issuance of building permits.
Monitoring Entity: City of Palm Springs Fire Department;Building Official.
Date Completed:
5. yule: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(Imodified 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 ar;d ALS services can provide proper care and treatment) prior to issuance of
occupancy permits. - I
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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: y `3ty
Timing: Prior to the issuance of occupancy permits.
Monitoring Entity: City of Palm Springs Fire Department.
Date Completed:
6. Measure: Water service shall be available to the golf course area prior to the start of construction.
Implementation: 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. ire: 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.
Implementation: 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 oflPahn Springs Department of Planning&Building.
Date Completed:
SCHOOLS
1. fig: The applicant shall be required to pay all state mandated developer impact fees prior to the issuance
of a building permit.
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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 foes 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. Measure: The project applicant shall provide all on-site water system improvements requiired to meet water
supply needs for the proposed project,including fire flow,prior to the issuance of building permits.
Implementatio : 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. Measure: The project applicant shall be responsible for paying all fees associated with on-site water service, '
prior to the issuance of permits to connect.
jlpplemenlation: 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 determined 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-T 1
City of Patin Springs Mountain Falls Golf Preserve Environmental Impact Report
3. )fie: All appliances such as showerheads,lavatory faucets and sink faucets shall comply with efficiency a
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.
Imple m ntion: Prier 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 the 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, jam: 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.
Implementation: Prior to the is 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 he included in the Development Agreement.
Implementation: Providing reclaimed water lines are extended within one mile of the 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 Preseave Environmental Impact Report
WASTEWATER
1. pleasure.: 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.
Implementation: 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 find 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.
i_MIllementition: 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. Measure: 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.
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.
i
Dudek&Associates,Inc. Mitigation Monitoring Program-39
City ofPahn Springs Mountain Falls Golf Preserve Environmental Impact Report
Date Completed: 1#3O
SOLID WASTE
1. Measure: The project operators)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.
Comnliance 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. Meagure: The project operator(s)shall be required to dispose of green waste at appropriate cogeneration and
composting facilities for the life of the project.
Implementation: 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 Planning&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.
ImQlementation: 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.
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City of Palm Springs Mountain Falls Golf Preserve iEnviromnental Impact Report
Date Completed:
ELECTRICITY
1. Measure: 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.
)jnnlementatio : Prior to issuance of building permits, the applicant shall identify and pay for any cost
associated with the acquisition ofpatural gas and petroleum casements which will be required by The project. The
City Engineer shall verify these'plans to enure 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:
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City of Palm Springs Mountain Falls Golf Preserve Environmental Impact Report
TELEPHONE AND CABLE TELEVISION I W-
1• MC3SU : 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 Hiles to mitigate impacts on GTUs
capital expenditures and on capital works planning.
Tmnlementation: 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. Measure: The applicant shall be required to continue to cooperate with GTE and Time Warner Cable concerning
the construction of new underground utility lines.
Imnlementa inn: As construction of new underground utility lines becomes necessary,the applicant sha11 pay
for and construct all necessary extensions and improvements required to comply with the above measure.
.Compliance Record:
Timing:When the construction of new underground utility lines is deemed necessary.
Monitoring Entity: City of Palm Springs Engineering Division.
Date Completed:
3. )fig: 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.
1
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City of Palm Springs 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.
%.00
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City of Pahn Springs Mountain Falls Golf Preserve Statement of Overriding Considerations
EXHIBIT C
CAT.IFORNTA F.NVIRONMFNTAi O AT ITY ACT 31
STATEMENT OF OVERRIDTNC CONSIDERATIONS
FOR
MOUNTAiN FAi.TS GOLF PRF.SFRV E
ENViRONMENTAL 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 15091.'
Simificant Env iron mcents t hrnacts of the Project Which nno B b"itiQat to a T i of Tn¢iemficannry
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 thuextent 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. Moreover,the evidence shows little
use of the site by Bighorn Sheep,and the limited evidence shows infrequent sightings only in the upper
Statement of Owmiding Cowideratiow-i
City of Palm Springs Mountain Falls Golf 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:hate 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:
I. 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 taut 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 Bighom 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:
'"lute development of new housing,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." Y�39
Statement of Overriding Consideration-2
City of Palm Springs Mountain Falls Golf Preserve Statement of Overriding Considerations
N pvb
"The,development of sites which intermix commercial uses with housing,office,resort or recreational
uses„
"Open space areas to provide for areas 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 Palm 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 full-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 course 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 from 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
Sfxf of of Overriding Considerations-3