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HomeMy WebLinkAbout20867 - RESOLUTIONS - 3/31/2004 ' RESOLUTION NO. 20867 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE SECTION 14 MASTER PLAN/SPECIFIC PLAN FOR 640 ACRES BOUND BY ALEJO ROAD TO THE NORTH, SUNRISE WAY TO THE EAST, RAMON ROAD TO THE SOUTH, AND INDIAN CANYON DRIVE TO THE WEST, ZONE C-1, C-1-AA, C-2, R-G-A(8), R-2, R-4, R-4-VP, PD- 101, PD-180, AND PD-164, SECTION 14. WHEREAS, the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs have initiated an application for the Section 14 Master Development Plan/Specific Plan and zoning map amendments to remove all existing zoning within Section 14 and establish nine new land use designations for 640 acres bound by Alejo Road, Sunrise Way, Raman Road, and Indian Canyon Drive, Zone C-1, C-1-AA, C-2, R-G-A(8), R-2, R-4, R-4-VP, PD-101, PD-180, AND PD- 164, Section 14; and WHEREAS, the proposed Specific Plan and amendments to the zoning map are consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for the Section 14 Master Development Plan/Specific Plan and zoning map amendments to remove all existing zoning within Section 14 and establish nine new land use designations for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road, and ' Indian Canyon Drive was issued in accordance with applicable law; and WHEREAS, on November 26, 2003 a public hearing on the application for the Section 14 Master Development Plan/Specific Plan and zoning map amendments to remove all existing zoning within Section 14 and establish nine new land use designations for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road, and Indian Cayon Drive was held by the Planning Commission in accordance with applicable law; and WHEREAS, on January 28, 2004 a public hearing on the application for the Section 14 Master Development Plan/Specific Plan and zoning map amendments to remove all existing zoning within Section 14 and establish nine new land use designations for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road, and Indian Cayon Drive was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for the Section 14 Master Development Plan/Specific Plan for 640 acres bound by Alejo Road, Sunrise Way, Ramon Road, and Indian Canyon Drive was issued in accordance with applicable law; and WHEREAS, on March 31, 2004 a public hearing on the application for the Section 14 Master Development Plan/Specific Plan was held by the City Council in accordance with applicable law; and ' WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act, an Environmental Impact Report/Environmental Impact Statement was prepared and it was found that even with the incorporation of proposed Resolution 20867 Page 2 mitigation measures, the proposed project could have a significant effect on the environment ' with respect to Air Quality; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been prepared for the proposed project; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the City Council finds that the Environmental Impact Report/Environmental Impact Statement has been completed for the Section 14 Master Development Plan/Specific Plan and is in compliance with CEQA, NEPA, the State CEQA Guidelines, and the City's CEQA Guidelines. The EIR/EIS for Case No. 5.0728 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council has independently reviewed and considered the Specific Plan and determined that it is in conformance with the information contained in the Environmental Impact Report/Environmental Impact Statement. The City Council further finds , that with the incorporation of proposed mitigation measures and the adoption of the Statement of Overriding Considerations and Statement of Facts and Findings, potentially significant environmental impacts resulting from this project will be either be reduced to a level of insignificance or the project benefits justify overriding the unavoidable significant adverse impact associated with project and therefore recommends certification of the EIR/EIS for this project. Section 2: The proposed Specific Plan is consistent with the goals, policies, and objectives of the General Plan. The Specific Plan will produce a cohesive and coordinated framework to guide future development of Section 14. The intent of the Section 14 Specific Plan is to: • Achieve the highest and best use of Indian Trust land • Maximize and coordinate the development potential of the Indian Trust and fee lands in Section 14 • Ensure compatibility with existing, proposed, and planned development in the downtown area • Achieve a comprehensive and flexible master plan of development that is high quality, marketable and implementable in a timely manner • Revitalize existing uses • Plan for infrastructure (streets and utilities) to support the proposed land uses • Provide a Specific Plan that ensures that quality development occurs independent of ownership Resolution 20867 Page 3 ' These goals will be guided by a comprehensive vision that recognizes Section 14's key role in energizing downtown Palm Springs. A Master Plan Vision was developed with an emphasis on high-quality, integrated resort development, acknowledging the desert/oasis environment and Indian heritage and culture, and key assets such as mountain views, existing hotels, casino, and convention center. Central to the vision being realized is the development of "catalyst" projects located in specific locations, as shown in Figure 4-1, attached to this report. Catalyst project locations include the northeast and southeast corners of Tahquitz Canyon Way and Avenida Caballeros, Indian Canyon Drive north of Amado Road along Calle Encilia, and the northwest corner of Tahquitz Canyon Way and Sunrise Way. Catalyst projects may include a destination retail/entertainment complex that offers public open space, restaurants, theatres, ice skating, and specialty retail; family recreation complex; or a mixed-use retail/food/residential/entertainment complex set in an indoor-outdoor marketplace. Section 3: The Specific Plan proposes to promote the highest and best use of land, which will contribute to economic self-sufficiency for the Tribe and support development of tribal government and infrastructure. The plan should also create a streamlined and less fractured land use plan for Section 14 by reducing split zoning and consolidating land use designations while focusing specific types of development to certain areas. The resort/entertainment/office land use has been expanded primarily along Tahquitz Canyon Way and north towards Amado Road to facilitate future connections between Section 14 and the downtown area. The proposed Specific Plan is fairly consistent with the City's policies and development standards with the exception of some land uses and some street sections that have been proposed to be modified. City staff have already been implementing the street sections of the Specific Plan, in consultation with Tribal Planning staff, and have been reviewing street sections on a case by case basis. Section 4: The Specific Plan is necessary and property at this time, is not likely to be detrimental to to adjacent property or residents and will be consistent with the General Plan designations for the project area. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts the Statement of Facts and Findings and Statement of Overriding Considerations as shown in Exhibits A and B, certifies the Final Environmental Impact Report/Environmental Impact Statement for the Section 14 Master Development Plan/Specific Plan, and approves the Section 14 Master Development Plan/Specific Plan on the Agua Caliente Indian Reservation. Resolution 20867 Page 4 NOW, THEREFORE, BE IT FURTHER RESOLVED that, the Section 14 Master Development ' Plan/Specific Plan shall be brought back to the City Council for final adoption, after Tribal Council review of the City Council recommendations. ADOPTED this 31" day of March, 2004. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: Member Foat ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ity Clerk City Manager a �r REVIEWED AND APPROVED AS TO FORM Resolution 20867 Page 5 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' EXHIBIT A STATEMENT OF FACTS AND FINDINGS REGARDING ENVIRONMENTAL EFFECTS FROM APPROVAL OF (CASE NO. 5.0728) SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN A. INTRODUCTION The City of Palm Springs, in approving the Section 14 Master Development Plan/Specific Plan (Case No. 5.0728), makes the findings of fact listed hereinafter and adopts the statement of overriding considerations which follows these findings. These findings are supported by the facts cited in this document pursuant to the California Environmental Quality Act ("CEQA") Public Resources Code Section 21000 et seq. and Section 15091 of the State CEQA Guidelines (14 Cal. Code of Regulations Section 1000 35 seg.). CEQA Guidelines (Guidelines) Section 15091 provide: "(a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: (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. (2) 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. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR." These Findings of Fact and Statement of Overriding Considerations regarding the Final Environmental Impact Report (EIR) for the Section 14 Master Development Plan/Specific Plan, SCH# 1997061005 (Findings) have been prepared for and independently reviewed by the City of Palm Springs (City) in its capacity as the CEQA lead agency. These Findings set forth the environmental basis for the current discretionary action to be undertaken by the City for the approval and implementation of Section 14 Master Development Plan/Specific Plan, on approximately 640 acres of property. Approval of the Master Plan would guide future development of vacant parcels and redevelopment of parcels already developed within Section 14. ' These Findings have been divided into a number of sections in order to present a comprehensive overview of the information contained in the Section 14 EIR. These sections include: 1 Resolution 20867 Page 6 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings (A) Section A presents an introduction to these Findings and summarizes the organization , of the document (B) Section B provides a summary of the proposed project and an overview of other discretionary actions, required for the proposed project, and a statement of objectives for the Section 14. (C) Section C presents a summary of those activities and events which have preceded the consideration of these Findings by the City, including the Palm Springs Planning Commission (Commission) and Palm Springs City Council (Council) as part of the environmental review and public participation process. (D) Section D sets forth findings regarding those environmental impacts which were identified in the Initial Study or project EIR which were determined to be nonsignificant, without any mitigation (E) Section E sets forth the potentially significant effects of the proposed project, which can feasibly be mitigated to a less-than-significant level through the imposition of those measures included in the proposed project's Mitigation Monitoring and Reporting Program (MMRP). (F) Section F sets forth findings regarding the significant or potentially significant environmental impacts which will or which may result from the construction and/or operation of the Project and which the City has determined cannot feasibly be mitigated ' to a less-than-significant level. (G) Section G provides findings regarding those alternatives to the proposed project which were examined in the Final Environmental Impact Report (EIR) for the Section 14 Master Plan/Specific Plan, SCH# 1997061005, considered by the City as part of its deliberations on the proposed project and its environmental documentation, and not selected by the Commission for implementation. (H) Section H sets forth mitigation measures for the proposed project which were identified in the Final EIR, but not adopted by the City for implementation by the project, and states the reasons that the City determined not to adopt these mitigation measures. (1) Section I contains a summary of the benefits that will accrue to the City from implementation of the proposed project. (J) Section J consists of a Statement of Overriding Considerations which sets forth the City's rationale for finding that specific economic, legal, social, technological, and other considerations associated with the proposed project outweigh the project's potential unavoidable adverse environmental effects. Note that Sections I and J are provided under separate cover(Exhibit B). The findings set forth in each section herein are supported by findings and facts identified in the administrative record of the proposed project as developed and compiled by the CEQA lead , agency, the City of Palm Springs. 2 Resolution 20867 Page 7 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings B. PROJECT SUMMARY BA Project Location Section 14 of the Agua Caliente Reservation is located in Palm Springs. The Section is bound by Alejo Road to the north, Sunrise way to the east, Ramon Road to the south and Indian Canyon Drive to the west. The 640 - acre site is located one block east of Palm Canyon Drive in downtown Palm Springs and approximately one mile west of the Palm Springs Regional Airport. Tahquitz Canyon Way, connecting the airport with downtown, bisects Section 14 from east to west. Figure 3.1-1 and 3.1-2 of the Final EIR shows the location of the project site. B.2 Project Description The Specific Plan Alternative proposes development within Section 14 as an integrated urban resort, with commercial uses concentrated in a wide area both north and south of Tahquitz Canyon Way and east of Indian Canyon Drive, and residential uses in the northeastern and southeastern areas, The amount of commercial square footage permitted by this alternative is greater than any of the other alternatives. Existing land use designations and zoning would be replaced with new designations to allow greater flexibility and ease of development. Consolidation of smaller parcels would be encouraged to provide opportunities for larger, cohesive developments. Specific development regulations would be similar to what currently exists but would allow greater design flexibility. Residential development would be permitted at eight, 15 and 30 units/acre, with densities up to 86 units if certain conditions are met. Commercial floor area ratios would be allowed at 0.38. However, under certain conditions higher ratios may be permitted. C. CEQA REVIEW PROCESS The City of Palm Springs Planning Commission and City Council reviewed and certified the Final EIR for the proposed project and considered all written and verbal public testimony on the project. The public or administrative record for the project EIR is composed of the following elements: ➢ Distribution of the Notice of Preparation for the project, June 02, 1997 ➢ Distribution of the proposed project EIR, March 26, 2002 ➢ Distribution of the proposed project Final EIR, July 2002 ➢ First Planning Commission Meeting, November 26, 2003 ➢ Second Planning Commission Meeting, January 28, 2004 ➢ All administrative records and staff reports compiled in support of the proposed project and made available to the Commission and Council ➢ All hearing proceedings, minutes, and other materials provided to the Commission for consideration at the November 26, 2003 public hearing. ➢ All hearing proceedings, minutes, and other materials provided to the Commission for consideration at the January 28, 2004 public hearing. The documents and other materials which constitute the administrative record for the City's actions upon the proposed project are located at the City of Palm Springs Department of Planning and Zoning (Department) at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262. The Planning and Zoning Department is the custodian of the administrative record for the proposed project. 3 Resolution 20867 Page 8 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings D. POTENTIAL ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL EIR AS , NONSIGNIFICANT IMPACTS WITHOUT MITIGATION Presented below are the environmental findings made by the City of Palm Springs as a result of its review of the documents referenced above; and consideration of written and oral comments on the proposed project at public hearings, including all other information provided during the decision-making process. These findings provide a summary of the information contained in the EIR, related technical documents, and the public hearing record that have been referenced by the City in making its decision to approve the proposed project. The EIR prepared for the proposed project evaluated one major environmental issue category for potential significant adverse impacts. The major environmental issue category was air quality. In addition to this issue considered in the EIR, the Initial Study prepared for the proposed project was used to narrow the focus of issues that were considered in the EIR. The issues considered in the EIR are listed as follows (in the order presented in the Initial Study): earth resources, water resources, biological resources, archeological and cultural resources, socioeconomic conditions, public utilities and services, traffic, land use, noise, aesthetics/visual quality, energy use and conservation, and human health and safety. The EIR and Initial Study reached a total of 14 findings on environmental issues. Short- and long-term impacts and project-specific and cumulative impacts were included in the evaluation of potential environmental effects from implementing the proposed project. Some of the issue categories contained several sub-issues categories (e.g, public services considered 10 sub-issues), which are summarized below. Of these 14 major environmental categories and findings, the City concurs with the facts and findings in the EIR and Initial Study that the issues and sub-issues discussed in this section fall below a significant impact threshold without any mitigation. Those environmental issue categories identified in the EIR as having no potential for significant adverse impact, without mitigation, are described and summarized in the following text. Issues requiring mitigation to reduce impacts to a nonsignificant level and unavoidable (unmitigable) significant adverse impacts of the project are described in following sections of this document as outlined above. In the following presentation, each resource issue is identified followed by a description of the potential significant adverse environmental effect and a short discussion of the findings and facts in the administrative record, as defined above. D.1 Biological Resources 113.1.a Potential Effect: Would the proposed project substantially affect a rare or endangered species of animal or plant or the habitat of the species? MANDATORY CEQA FINDINGS: Findings: The EIR contained the finding that the proposed project will not cause any adverse impacts to rare, endangered species of animal or plant or their habitat. Facts in Support of Findings: ' The following facts are presented in the EIR to support these findings: No rare, threatened or endangered plant or animal species are present within Section 14. The Sonoran creosote bush 4 Resolution 20867 Page 9 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings scrub habitat, which is the primary vegetative community on the site, is not considered rare or endangered and does not provide habitat for any rare, threatened or endangered animals within the section. Sonoran creosote bush scrub occurs widely throughout the Colorado Desert of California and the loss of 212-acres of this habitat would not substantially diminish habitat for wildlife or plants. Development would not interfere with the movement of any resident or migratory wildlife species. D.1.b Potential Effect: Would the proposed project interfere substantially with the movement of any resident or migratory fish or wildlife species? MANDATORY CEQA FINDINGS: Findings: The EIR contained the finding that the proposed project will not cause any adverse impacts to rare, endangered species of animal or plant or their habitat. Facts in Support of Findings: The following facts are presented in the EIR to support these findings: No rare, threatened or endangered plant or animal species are present within Section 14. The Sonoran creosote bush scrub habitat, which is the primary vegetative community on the site, is not considered rare or endangered and does not provide habitat for any rare, threatened or endangered animals within the section. Sonoran creosote bush scrub occurs widely throughout the Colorado Desert of California and the loss of 212-acres of this habitat would not substantially diminish habitat for ' wildlife or plants. Development would not interfere with the movement of any resident or migratory wildlife species. D.1.c Potential Effect: Would the proposed project substantially diminish habitat for fish, wildlife or plants? MANDATORY CEQA FINDINGS: Findings: The EIR contained the finding that the proposed project will not cause any adverse impacts to rare, endangered species of animal or plant or their habitat. Facts in Support of Findings: The following facts are presented in the EIR to support these findings: No rare, threatened or endangered plant or animal species are present within Section 14. The Sonoran creosote bush scrub habitat, which is the primary vegetative community on the site, is not considered rare or endangered and does not provide habitat for any rare, threatened or endangered animals within the section. Sonoran creosote bush scrub occurs widely throughout the Colorado Desert of California and the loss of 212-acres of this habitat would not substantially diminish habitat for wildlife or plants. Development would not interfere with the movement of any resident or migratory wildlife species. 5 Resolution 20867 Page 10 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings D.2 Socioeconomic Conditions ' D.2.a Potential Effect: Would the proposed project induce substantial growth or concentration of population either through provision of employment or housing, or both? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not induce substantial growth or concentration of population either through provision of employment or housing, or both. Facts in Support of Findings: Implementation of the Specific Plan over the next 15 or more years would result in an unknown number of temporary construction jobs. Creation of short-term construction jobs is a less than significant impact. Implementation of the Specific Plan would result in 1,732 additional people and create approximately 1,767 jobs (see Table 5.6-1). However, since the Section 14 Master Development Plan calls for phased development over the course of many years, population growth and job creation would not occur in any single year but in increments. This increase would result in less than significant impacts. D.2.b Potential Effect: Would the proposed project's generation of population or employment be inconsistent with the regional growth management plans or the ' Palm Springs General Plan? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would generate population and employment consistent with the regional growth management plans and the Palm Springs General Plan. Facts in Support of Findings: Implementation of the Specific Plan over the next 15 or more years would result in an unknown number of temporary construction jobs. Creation of short-term construction jobs is a less than significant impact. Implementation of the Specific Plan would result in 1,732 additional people and create approximately 1,767 jobs (see Table 5.6-1). However, since the Section 14 Master Development Plan calls for phased development over the course of many years, population growth and job creation would not occur in any single year but in increments. This increase would result in less than significant impacts. The projected addition of approximately 1,210 residential units throughout the project area would partially fulfill the future housing needs projections as contemplated in the City's General Plan Housing Element. 6 Resolution 20867 Page 11 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings D.2.c Potential Effect: Would the proposed project have a substantial adverse effect on existing housing? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not have a substantial effect on existing housing. Facts in Support of Findings: Full buildout of the Specific Plan would result in the addition of a maximum of 748,000 square feet of office and commercial development and 1,210 medium to high density residential units (Table 5.6-1 of the EIR). The number of residents would vary, although it is reasonable to assume that the residential population would increase by approximately 1,732 people within the project area. Such residential growth and development is consistent with all of the relevant adopted plans regional plans and with the projections presented in the City's General Plan. No impacts associated with the residential and commercial development are anticipated. D.2.d Potential Effect: Would the proposed project create a demand for additional housing exceeding supply? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would create a need for additional housing that would exceed supply. Facts in Support of Findings: Development within the project area would improve the residential and commercial building stock and correct deficiencies in the infrastructure system in the area. These have contributed to the lack of development in the area. This increased economic activity would help to provide services to residents and businesses, thereby increasing the number of jobs available in the area, further amplifying the positive economic benefit of the plan. It is anticipated that there will be an increased demand for housing in the area with the City's Housing Element being used to fulfill the housing need over time. D.2.e Potential Effect: Would the proposed project be inconsistent with the regional growth management plans or the Palm Springs General Plan? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project is consistent with regional growth management plans and the Palm Springs General Plan. Facts in Support of Findings: Full buildout of the Specific Plan would result in the addition of a maximum of 748,000 square feet of office and commercial development and 1,210 medium to high density residential units (Table 5.6-1 of the EIR). The number of residents would vary, although it is reasonable to assume that the residential population would increase by approximately 1,732 people within the 7 Resolution 20867 Page 12 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings project area. Such residential growth and development is consistent with all of the relevant , adopted plans regional plans and with the projections presented in the City's General Plan. No impacts associated with the residential and commercial development are anticipated. D.3 Public Utilities and Services Hospital and Emergency Medical Services D.3.a Potential Effect; Would the proposed project increase the demand for hospital and emergency services to such a degree that accepted service standards are not maintained? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not increase the demand for services to such a degree that accepted service standards are not maintained. Facts in Support of Findings: The increase in the number of patients generated by implementation of the Specific Plan would not significantly impact the Desert Hospital, because the hospital currently operates at only 74 percent capacity during the peak season and 64 percent during the non-peak season. The impacts would not be significant because the Desert Hospital is funded by user fees and donations, and is expected to expand as necessary. Implementation of any of the alternatives ' would not significantly impact emergency medical services provided by American Medical Response, since American Medical Response is a private enterprise, and the company is not supported by tax subsidies. Business generated from the project area will be on a "fee for service" basis. No impacts related to emergency medical services are anticipated. Water D.3.b Potential Effect: Would the proposed project result in a potentially significant impact to water facilities and services by requiring new water facilities (i.e., mains, pumps stations, reservoirs, etc.) beyond those already planned and the cost of which would not be borne by the individual project applicant(s)? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not result in a potentially significant impact to water facilities and services. Facts in Support of Findings: The existing water distribution facilities within Section 14 are adequate to serve the existing conditions. According to the Desert Water Agency (DWA), full development under any of the alternatives would require the upgrading of the existing water distribution system. However, compliance with the DWA Management Plan and the appropriate development standards would , ensure that water service is provided on a project-by-project basis. Pipe extensions and up- sizing requirements would be reviewed on an individual basis. As required by DWA, the individual project developers would pay for upgrades to the existing water distribution system. 8 Resolution 20867 Page 13 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Fire flow delivery is dependent upon the type and size of new structures and the requirements of the Palm Springs Fire Department. Analysis and determination of adequacy of the water system to deliver fire flow requirements must be evaluated on a project-by-project basis. Development phasing will be limited to the capacity of the water system for fire fighting, as proposed in the DWA Management Plan. The improvements as outlined in the DWA Management Plan are intended to improve the efficiency in the distribution system and to meet the needs of future development in Section 14. The DWA Management Plan provides for the addition of 24-inch diameter transmission lines in Indian Canyon Drive and Calle Encilia to convey larger quantities of water north of Section 14. Implementation of any of the alternatives would not result in significant impact to the water distribution system. As stated in the existing conditions section, DWA owns and operates a vast distribution network that is permitted through the Bureau of Indian Affairs under a Blanket Right-of Way that expires in the year 2005. The expiration of the rights-of ways would prevent DWA from providing water to its service area unless an agreement is reached between the Tribe and DWA. However, this is a preexisting problem that occurs throughout the DWA service area and it is not a result of proposals for Section 14. Solid Waste Disposal D.3.c Potential Effect: Would the proposed project significantly impact solid waste disposal facilities by accelerating the need for additional waste disposal sites or expansion of existing landfills by exceeding the projected waste disposal quantities used in planning for existing and future landfills? MANDATORY CEQA FINDINGS: Findings: The EIR contained the findings that the proposed project would not significantly impact solid waste disposal facilities by exceeding the projected waste disposal quantities used in planning for existing and future landfills. Facts in Support of Findings: The amount of green waste generated during site preparation and grading is not expected to be significant and would only represent a short-term increase in the total amount of refuse disposed of at the Edom Hill landfill. This temporary disposal increase would not constitute a significant impact. For construction waste, it is in the interest of the developer and the construction contractor to minimize such waste. Therefore, significant amounts of construction waste are not expected by development under the proposed Specific Plan. The City and the PSDS anticipate the closure of Edom Hill Landfill by 2006. PSDS is proposing to construct a transfer facility for waste from the service area. The project would incrementally increase the refuse generated throughout the watershed, and would therefore contribute to the closure of the landfill. However, the project would generate about 12 tons per day of waste over the General Plan. This is less than one percent of the landfill's daily permitted capacity. Although there will be an increase in the amount of solid waste generated, the strategies included in the General Plan and the standard conditions will ensure that the level of solid waste disposal services remains commensurate with demand, and that developments facilitate the 9 Resolution 20867 Page 14 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings proper recycling programs. Therefore, impacts to solid waste disposal services will remain less , than significant. Library Services D.3.d Potential Effect: Would the proposed project create a demand for library services that exceeds the design or use standards of existing and/or planned facilities? MANDATORY CEQA FINDINGS: Findings: The EIR contained the findings that the proposed project will not create a demand for library services that exceeds the design or use standards of existing and/or planned facilities. Facts in Support of Findings: The Specific Plan would increase the population within the project area over the existing situation, and therefore, would increase the demand for library services. However, according to the City Librarian, implementation of the Specific Plan would not result in a significant impact and the current Library facilities can .accommodate the increase in demand through full development without any physical changes to the existing facilities. Parks and Recreation D.3.e Potential Effect: Would the proposed project create a demand for recreation , services that exceeds the design or use standards of existing and/or planned facilities? MANDATORY CEQA FINDINGS: Findings: The EIR contained the finding that the proposed project will not create a demand for recreation services that exceeds the design or use standards of existing and/or planned facilities. Facts in Support of Findings: The Specific Plan would require about 22-acres of new parkland. This is less than the 33 acres of parkland required by the General Plan Alternative. However, the Specific Plan does not designate any land for open space or parks. The existing Baristo Park and the Tennis Center would remain. Development standards listed by the Specific Plan require a minimum of 25 percent landscape/open space or 53-acres of the 212 vacant acres in Section 14. Developments under the Specific Plan would result in a minimum of 25 percent (53-acres) of landscape/open space. This would be greater than the General Plan requirements of 33-acres. Therefore, there is no significant impact. Residential subdivisions will also be subject to the recently adopted Park Fee Ordinance, for payment of park fees for the purpose of acquisition and improvement of new parks and preservation of existing parks. , 10 Resolution 20867 Page 15 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' D.4 Noise DA.a Potential Effect: Would the proposed project-related noise increases exceed 3.0 dBA and exceed the noise standards detailed in the City of Palm Springs Noise Element? MANDATORY CEQA FINDINGS: Findings: The EIR contained the findings that the proposed project would result in an increase in noise levels greater than 3 dB along two roadway segments Hermosa Road south of Amado Road and north of Tahquitz Canyon Way. This increase would be audible but less than significant due to the typical noise attenuation in the existing structures in this area, which would reduce the interior noise to acceptable levels. Exterior noise levels along these road segments would conform to City of Palm Springs noise criteria. Facts in Support of Findings: Short-term acoustic impacts are those associated with construction activities necessary to implement the project. Regardless of which development alternative is approved, these noise levels would be higher than the ambient noise levels in the project vicinity today, but would subside once construction activities are completed. Two types of noise impacts are considered during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along the roadways leading to and from each development site. The increase, although temporary in nature, could be audible to noise receptors located along the roadways utilized for this purpose. Second, the noise generated by the actual on-site construction activities is evaluated. Construction activities are carried out in discrete steps, each of which has its own mix of equipment, and consequently its own noise characteristics. These various sequential phases will change the character of the noise levels surrounding the construction site as work progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow noise ranges to be categorized by work phase. Figure 5.11-1 of the EIR illustrates typical construction equipment noise ranges at a distance of 50 feet. As shown in Table 5.11-1 of the EIR, the 70 CNEL contour for the Specific Plan Alternative is projected to extend beyond the right-of-way along 50 percent of the roadway links evaluated by the year 2010. The 65 CNEL contour is projected to be within the right-of-way along 24 percent of the roadway segments by the year 2010, and the 60 CNEL is projected to be located within the right-of-way of 6 percent of the roadway links analyzed. The Endo Engineering report presents the change in traffic noise between the Specific Plan and the No Project/General Plan Alternative. About 26 percent of the roadway segments would experience a drop in adjacent noise levels, while about 50 percent would experience about the same noise levels with the Specific Plan as with the No Project Alternative. About 24 percent of the road segments would be subject to an increase in noise. The increase for 35 segments would be less than 1.0 dB (inaudible), while the increase for four segments would be between 1.0 and 3.0 dB (potentially audible, but not significant). The increase for two segments would be 11 Resolution 20867 Page 16 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings greater than 3 dB and would be clearly audible. These two roadway links are along Hermosa , Drive (south of Amado Road and north of Tahquitz Canyon Way). The noise projections for the Specific Plan along Hermosa Drive indicate that the peak hour Leq at 50 feet would be 60.4 to 63.4 dB and the 70 CNEL contour would remain within the right- of-way (south of Amado Road) or 31 feet from the Hermosa Drive centerline (north of Tahquitz Canyon Way). The 67 Leq contours would remain within the Hermosa Drive right-of-way for both segments. Traffic noise of this magnitude is currently generated along other streets within Section 14 and the study area. Although high density residential land uses currently exist along the east side of Hermosa Drive (south of Amado Road), the City of Palm Springs noise standards identify high density residential uses as "normally acceptable" in exterior noise exposures of 60 to 70 CNEL, as long as interior noise levels do not exceed 45 CNEL and exterior noise levels in living areas do not exceed 65 CNEL. The existing structures have been set back from the Hermosa Drive right-of-way and appear to incorporate the necessary construction to achieve the structural attenuation necessary to ensure that interior noise levels do not exceed 45 CNEL. Standard construction practices typically achieve an outdoor-to-indoor noise reduction of 20 to 25 CNEL. Thus, exterior noise levels of 65 CNEL at a distance of 42 feet from the Hermosa Drive centerline would indicate interior noise levels of 40 to 45 CNEL which would be in conformance with the City standard of 45 CNEL. For this reason, the project would cause an audible but less than significant noise impact on the existing high density residential land uses located along Hermosa Drive, south of Amado Road. D.5 Energy Use and Conservation D.5.a Potential Effect: Would the proposed project overload an already inadequate energy facility? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not overload the energy facility. Facts in Support of Findings: Development according to the Specific Plan would increase the consumption of non-renewable energy resources over the existing use. Electricity use would be increased from 39.7 million kilowatt (m.kW) hours to more than 118 m.kW hours. Natural gas use would go up from 200 million cubic feet to more than 487 million cubic feet (Table 5.12-1 of the EIR). These totals were calculated using standard generation rates based on existing energy usage, provided by the California Air Resources Board, South Coast District. It is likely that, as required, conservation measures from state and federal building codes and the Palm Springs General Plan would slightly decrease total energy use from the site. The Specific Plan Alternative would implement the policies of the City's General Plan. In an effort to decrease dependence on fossil fuels, the consumption of renewable energy resources would be encouraged, as would the exploration of alternate sources of energy. Conservation techniques that are as energy efficient as possible, including passive design 12 Resolution 20867 Page 17 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' concepts, which would make use of, or consider, the natural climate (and not preclude the use of solar energy), would be recommended. The specific use of active solar collectors for domestic hot water and pool heating would be endorsed. Energy efficient design that would be greater than the minimum state requirement would be advocated, as would the installation of energy conservation devices in existing developments and the implementation of Title 24 building standards in substantially remodeled construction. D.5,b Potential Effect: Would the proposed project greatly reduce the availability of the energy resource? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not greatly reduce the availability of the energy resource. Facts in Support of Findings: Southern California Edison (SCE) maintains that their existing systems are more than adequate to serve any electrical demand within Section 14 (Dean, Letter of October 28, 1997). SCE anticipates that, because of the capacity of these facilities, it can provide continued and increased service with no significant impact (Gruen Associates, 1996). Southern California Gas (SCG) maintains that gas service to the project area could be provided without any significant impact (DeWitt, 1997). Gas lines are currently available throughout Section 14, and specifically, lines are adjacent to, or on the perimeter of, the vacant parcels to be developed (Guengerich, 1997). Thus, implementation of the Specific Plan would not overload the distribution facilities. D.5.c Potential Effect: Would the proposed project threaten the violation of some federal, state, or local law or regulations imposed for the protection of the environment? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project would not threaten the violation of some federal, state, or local law or regulations imposed for the protection of the environment. Facts in Support of Findings: Under the Specific Plan, all new construction, as well as remodel or rehabilitative work, would be subject to State and Federal Building Codes and local ordinances/regulations. 13 Resolution 20867 Page 18 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings D.6 Human Health and Safety D.6.a Potential Effect: Would the proposed project be permitted where previous on-site uses or past or present surrounding land uses would expose people to unmitigated health hazards resulting from contamination of on-site soils and/or groundwater or other natural or man-made hazards? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that theproposed project would result in significant adverse impacts if development is permitted where previous on-site uses or past or present surrounding land uses, would expose people to unmitigated health hazards resulting from contamination of on-site soils and/or groundwater or other natural or man-made hazards. Facts in support of Findings: Implementation of any of the alternatives would increase the amount of hazardous waste generated, used, and stored within the City. The increase in hazardous waste would be generated by small scale retail operations (i.e., dry cleaners, photo labs, art supply stores) and cleaning supplies associated with office uses. However, the volume and type of materials associated with the individual projects in Section 14 would not result in a significant impact. Procedures are in place to control hazardous waste spills on area roadways, although implementation of any of the alternatives would increase traffic, and hence, incrementally increase the possibility of hazardous spills. Provided that the City of Palm Springs maintains compliance with the County of Riverside's Hazardous Management Plan, including those provisions which address the transport of hazardous waste, the possibility of a hazardous waste spill represents a less than significant impact (General Plan EIR, 1992). Buried natural gas lines are capable of being upset as a result of structural failure, unsupervised excavation or by seismic activity. Natural gas line ruptures and equipment failures have to be regarded as catastrophic events that are possible, but their probability is remote and cannot be directly anticipated. Most documented breaches of underground pipelines have resulted from excavation or seismic activity. Potential significant excavation hazards to pipelines could be avoided if SCG is notified when excavation within their easements occur (General Plan EIR, 1992). There are no active faults within the immediate project area. Therefore, ruptures of natural gas lines related to earthquakes represent a less than significant impact. E. FACTS AND FINDINGS: POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL EIR WHICH CAN BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The following issues were identified in the Final EIR as having a potential to cause significant effect or impact, but were identified as being capable of having impacts reduced below a significant level by implementing the identified mitigation measures. In the following presentation, each resource issue is identified; it is followed by a description of the potential significant adverse environmental effect and a short discussion of the findings and facts in the administrative record, as defined above. 14 Resolution 20867 Page 19 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings The City hereby finds that all mitigation measures identified in the Final EIR that will be implemented to mitigate the impacts of this project have been incorporated into, or required of, the project to avoid or substantially lessen significant environmental impacts to a level of insignificance. Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects unless the public agency makes one, or more, of the following findings: a. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report; b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency; and/or C. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The City hereby finds, pursuant to Public Resources Section 21081, that the following issues are non-significant impacts because mitigation measures will be implemented as outlined below. The City further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed below to a level of nonsignificance. These issues and the measures adopted to mitigate them to a level of insignificance are as follows. E.1 Earth Resources E.1.a Potential Effect: The proposed project will have a significant impact if: ➢ unmitigated geologic hazards such as active faults, groundshaking, landslide areas, compressible or expansive soils, or areas subject to liquefaction would pose a threat to human safety and/or inhabitable structures; ➢ substantial grading will occur or there is a noticeable adverse change in topography. MANDATORY CEQA FINDINGS: Findings: The EIR contained the finding that the proposed project would necessitate grading and site preparation activities which would result in the disruption of the soils on a site. However, given the existing essentially flat character of the project area and environs, such alteration would not result in significant changes to the existing topography. No significant natural or manmade physical features exist in the project area. Although no active faults are located within the project area, there are significant hazards associated with seismic activity, which may occur along any of several active earthquake fault zones, located within the region, including the San Andreas, San Jacinto, Elsinore, and Banning faults. 15 Resolution 20867 Page 20 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Facts in Support of Findings: , The Section 14 project area is subject to groundshaking as a result of seismic activity occurring on any of several active regional faults previously identified. The seismic hazard on the subject property is no greater than that associated with other sites within the region. Compliance with the seismic standards for new construction established by the Uniform Building Code, the Palm Springs General Plan and other applicable state and local regulations would preclude significant impacts from groundshaking. The immediate area surrounding the Agua Caliente Springs has the potential for liquefaction because of the high groundwater level. Mitigation Measures In the areas where groundwater levels are known to be high, a geotechnical investigation of liquefaction potential shall be conducted by the project applicant and submitted to the City in conjunction with the grading plan for the individual developments. Recommendations from the geotechnical investigation shall be implemented as required by the City (General Plan EIR, 1992). Individual projects shall submit a geotechnical report which includes mitigation measures as required. These measures will then be submitted to the City who will determine the Scope of Work during the initial application review process. E.2 Water Resources E.2.a Potential Effect: Would the proposed project: ➢ substantially deplete the groundwater table, i.e. the availability of domestic water; ➢ substantially degrade the quality of the domestic water supply(groundwater); ➢ significantly increase the artificial recharge of the regional aquifer, thus excessively increasing the amount of TDS (total dissolved solids); ➢ result in an excessive increase in the rate and amount of surface run-off due to the increase of impervious surfaces; ➢ significantly impact the existing drainage system, increasing the potential for flooding. MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that depletion of groundwater and subsequent continuation of aquifer recharge is not a site specific issue, but rather a regional issue. Isolated development within the Section 14 would not in itself cause a significant impact to the groundwater overdraft situation. The impact on groundwater quality due to the implementation of the Specific Plan would not be significant because the potential for contamination is minimal. Roadway impassability due to flooding is not a constant problem, and typically exists for a very short period of time (General Plan EIR, 1992). However, streets blocked by flooding may adversely effect the provision of emergency medical, police and fire protection services, and may have a significant impact. The Specific Plan would not present any additional water-related issues from similar projects, with related characteristics, in a comparable location. 16 Resolution 20867 Page 21 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Facts in Support of Findings: Implementation of any of the alternatives would increase consumption of groundwater (discussed in Section 6.6). In addition to increased consumption, development would reduce the amount of permeable surfaces through which natural percolation could occur. Because the upper portion of the Indio Subbasin is currently in an overdraft condition, the risk exists that the cumulative impact of continued drawdown in excess of recharge would further reduce groundwater storage. Natural and artificial recharge would need to continue in order to replenish the area aquifer. All of the alternatives would attempt to avoid any excessive impact on the groundwater table by encouraging the design of drainage systems that incorporate soft-bottomed channels, where possible, to facilitate as much percolation (natural recharge) to the aquifer as possible. Development would also continue to support the import of water by local districts. The quality of groundwater stored in the Indio Subbasin could be degraded to some extent by increased urban run-off, irrigation of fertilized open areas, increased treated wastewater released and the potential for hazardous spills. Ultimate buildout of development could introduce additional pollutants (oils, fuels, roadway treatment chemicals, fecal coliforms and cleaning agents) (General Plan EIR, 1992). Reclaimed and treated wastewater, used for irrigation purposes and artificial recharge of the aquifer, could increase the level of Nitrate and TDS in the groundwater supply. Note that the use of treated wastewater for irrigation purposes could be considered a trade off; though there may be slight increases in Nitrates and TDS, less fertilizer is needed in open space areas because the nitrogen present in treated wastewater acts like a substitute for separately applied nitrogen rich fertilizer(General Plan EIR, 1992). Mitigation All of the alternatives would abide by the groundwater conservation policies required by the City's General Plan, as listed below. The City will review individual projects to ensure that water conservation measures are incorporated into the individual designs. This information should be developed during the pre-application and application process. The measures will then be submitted with the application. ➢ Encourage the incorporation of water conservation measures in the design of all new construction and site development. ➢ Care should be exercised in the positioning and selection of sprinklers so that they are correctly spaced and so as not to spray over or upon sidewalks, roads or other paved areas. ➢ Large irrigation systems shall be equipped with a master valve which will automatically shut off the system if excessive flows (especially due to damaged sprinklers) occur. Catchment areas should be incorporated into landscape design to accommodate overflows from occasional irrigation system malfunctions. ➢ Encourage the use of drip irrigation systems and/or flow-compensated stream bubblers where applicable. 17 Resolution 20867 Page 22 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ➢ Planter beds and lawns shall be recessed below adjoining sidewalks and other hardscape ' so as to contain irrigation water. Mounds shall be designed so as to prevent sheet-flow across hardscape areas. ➢ Encourage the use of mulch and proper topsoil preparation in planter beds to increase the water absorption capacity of the soil. ➢ Water pressure within irrigation systems shall be controlled so as to prevent drifting onto sidewalks, roads or bike paths during wind conditions. ➢ Irrigation systems should be controlled to respect the irrigation zones (based on water use characteristics) they serve and to compensate for differences in exposure to sun and wind. Plantings should also be grouped according to their water use characteristics. ➢ Landscape materials and irrigation system design shall consider the long term needs for maintenance, especially in regard to the design of small and irregularly-shaped areas. ➢ Encourage the redesign of inefficient landscape and/or irrigation installations. ➢ Encourage energy-efficient landscape lighting techniques. ➢ Turf areas shall be located only in areas of maximum human contact, such as in recreation and sports areas or areas of heavy foot traffic, to conserve water used for irrigation and therefore groundwater supplies. Large, nonfunctional turf areas, such as those fronting roadways, should be discouraged. ➢ Landscaped areas would be designed in accordance with the City of Palm Springs Municipal Code Chapter 8.0 relating to water efficiency landscaping. The impact from flooded streets during events greater than a ten-year storm would be mitigated by the implementation of the measures listed in Section 5.7.11.3 (Mitigation for Storm Drain Impacts). In addition, individual developments within Section 14 would need to prepare a drainage study to determine the specific location and size of on-site and off-site drainage facilities. E.3 Archaeological, Historic and Cultural Resources E.3.a Potential Effect: Would the proposed project have a significant effect on archaeological or cultural resources by eliminating important examples of major periods in California history or prehistory, or disrupt or adversely affect a prehistoric or historic archaeological site or property of historic or cultural significance to a community or ethnic or social group? MANDATORY CEQA FINDINGS: Findings: The EIR contained findings that the proposed project could result in significant impacts to subsurface resources which meet the criteria for importance and significance as defined by California and federal regulations, if their disruption or disturbance is considered significant. 18 Resolution 20867 Page 23 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Facts in Support of Findings: Development under this alternative would result in the removal of the concrete slabs and foundations found within Section 14. As discussed in Section 4.5, the concrete slabs and foundations are not considered important or unique under CEQA definitions, and do not meet the criteria for listing in the National Register of Historic Places. They are not of cultural importance to Palm Springs or to the Tribe. Although the resources would be eliminated, their loss would not be significant. Section 14 was the location of settlements and activity during both the prehistoric and historic periods. The possibility exists that clearing, brushing and excavation may expose subsurface resources. Mitigation Should cultural resources be encountered during the construction of any of the facilities discussed in this document, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. EA Public Utilities and Services Police E.4.a Potential Effect: Would the proposed project: ➢ increase the demand for law enforcement services to such a degree that accepted service standards are not maintained; ➢ interfere with emergency response or evacuation plans in the community? MANDATORY CEQA FINDINGS: Finding: No significant construction-related law enforcement impacts are anticipated to result from implementation of any of the Specific Plan. Each individual project developer is expected to ensure that, during construction, site access is restricted and adequate security is maintained to prevent unlawful trespass, vandalism, or theft of construction materials or equipment. Facts in Support of Findings: Any of the four alternatives would result in increased commercial development which could allow increased burglary, vandalism, misdemeanor crimes, and traffic in the project area. However, the Palm Springs Police Department does not anticipate difficulties in providing police protection to the level of service identified in the General Plan (Palm Springs Police Department, 1997). Mitigation The project would comply with the City's policies regarding police protection, as listed in Sections 6.11, 6.12, 6.13, and 6.14 of the General Plan. 19 Resolution 20867 Page 24 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Fire Protection E4.b Potential Effect: Would the proposed project increase the demand for fire protection services to such a degree that accepted service standards are not maintained? MANDATORY CEQA FINDINGS: Findings: Construction activities are not anticipated to result in an increase in demand for fire protection services and would not result in significant impacts to structures or any emergency response procedures. Facts in Support of Findings: Development in the Section 14 project area could result in greater demands on the City's fire prevention and suppression services. As a result, existing fire suppression and water distribution systems would require improvements to provide adequate service in the project area. Approval of any of the alternatives could potentially result in residential, hotel and commercial development that would contribute to the cumulative need for additional manpower and equipment due to the increased responses by the Fire Department and the likelihood of simultaneous and greater alarm incidents. Mitigation The Fire Department has requested that the City relocate the existing fire station in Section 14 , from its current location to a site on a secondary street somewhere in Section 14. This is discussed in greater detail in Section 5.9, Land Use. ➢ At such time as detailed individual site development plans are submitted, concerns such as road infrastructure, building access, water availability, and pressure shall be addressed by the City of Palm Springs Fire Department, which will review the project and recommend specific design measures to reduce potential fire protection impacts. ➢ Development in Section 14 shall comply with the objectives and policies of the General Plan: 6.11, 6.12, 6.13, 6.14, and 6.15. Wastewater Treatment E.4.c Potential Impact: Would the proposed project cause an increase in wastewater treatment that reached or exceeded the current capacity or caused a reduction in the level of service, thereby requiring substantial expansion or development of new facilities? MANDATORY CEQA FINDINGS: Findings: According to the City of Palm Springs Department of Public Works Wastewater Treatment Plant, any increase in intensity/density over the General Plan would result in a significant impact on the existing Wastewater Treatment Plant and sewer conveyance system, , unless mitigated. These impacts could result in a slowdown of the permit approval process for some projects. 20 Resolution 20867 Page 25 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Facts in Support of Findings: The increased population would result in a proportional rise in the amount of wastewater generated in the project area. The project-related wastewater flow has been estimated based on rates established by the City of Palm Spring's Sewer Master Plan, dated July 1993. As indicated in Table 5.7-1 of the EIR, implementation of the Specific Plan would generate a total average flow of approximately 1,149,380 gallons of wastewater per day at full development over the existing situation. However, it is important to note that the Specific Plan would only increase the average daily flow by 79,589 gallons per day over the existing projected buildout (Table 5.7- 2 of the EIR). According to information collected by J. F. Davidson, the sewer conveyance system would need the following improvements to accommodate the increase in wastewater generated by anticipated development under the Specific Plan*: ➢ Consistent with the City of Palm Springs Sewer Master Plan (1993), upsize the Indian Canyon Boulevard collector sewer from 12" to 15." ➢ To meet future demand associated with the Specific Plan, infill the following segments: 8" pipe on portions of Calle Encilia, 8" pipe on portions Tahquitz Canyon Way (Indian Canyon Drive to Calle El Segundo), • 8" pipe between Arenas and Saturnino Roads mid-block between Avenida Caballeros and Calle El Segundo, 8" pipe between Avenida Caballeros and Hermosa Drive mid-block between Amado Road and Tahquitz Canyon Way, • 8" pipe between Hermosa Drive and Sunrise Way mid-block between Tahquitz Canyon Way and Baristo Road, small segments on Sunrise Way and Amado Road. * These improvements would be constructed as capacity increases to existing limits or if a major project is introduced into Section 14. If the latter is the case, reimbursement from subsequent developments would off-set the costs to the major project. Mitigation Measures New collector lines required to serve future developments must be approved by the City of Palm Springs to assure compliance with their Sewer Master Plan as well as the following development standards: ➢ Sewer facilities shall be designed and constructed in accordance with the City of Palm Springs standards and specifications, American Waterworks Association (AWWA), American National Standards Institute (ANSI) and the Standard Specifications for Public Works Construction, 1994 Edition (Green Book). ➢ Sewer design shall be reviewed and approved by the Riverside County Health Department. ➢ The capital costs of on-site and off-site facilities necessary to serve individual project sites shall be the responsibility of the applicant. Such facilities shall be dedicated to the City, after construction, for maintenance and operation. Where such facilities must extend beyond the project site to link into existing facilities, a reimbursement agreement can be formulated with the City of Palm Springs to reimburse the applicant for costs. 21 Resolution 20867 Page 26 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Schools E.4.d Potential Effect: Would the proposed project create student enrollments that exceed available capacities of school facilities or educational services? MANDATORY CEQA FINDINGS: Findings: Implementation of the proposed Specific Plan would allow a maximum of 3,275 residential multiple-family units, 2,023,666 square feet of retail commercial, 36,416 square feet of office and 1,000,500 square feet of hotel development. Based on the student generation rates developed by the Palm Springs Unified School District for 1997-98, projected attendance indicates that 938 additional students would be residing within the proposed project area at full development (Table 5.7-8 of the EIR). Generation rates include a factor for part-time residents. At full development, the Specific Plan would generate approximately 599 elementary school students, 199 middle'schools school students and 140 high school students. Implementation of the proposed Specific Plan would result in a significant impact on school facilities unless mitigated. Facts in Support of Findings: Development in Section 14 would most likely occur over a period of 15 to 20 years or more. Students from residences in Section 14 would therefore be added gradually to the District rather than all at once. This would allow the District to absorb students into existing schools over a period of years. As described in Section 3, much of the first phase of development (2010 , scenario) is expected to be commercial. Only about one-third of residential units are anticipated to be built by 2010. Payment of the appropriate development fees and the anticipated phasing of the Specific Plan (over the next 20 years or more) would reduce the impact on school facilities. However, significant impacts may still occur due to the number of students expected after full development of this alternative. Mitigation Measures ➢ The City and the Tribe shall not approve residential projects within Section 14 unless assurance is received from the School District regarding provisions of school services to project residents. Storm Drains E.4.e Potential Effect: Would the proposed project create runoff conditions that exceed the capacity of the existing storm drain facilities or require expansion of storm drain facilities to accommodate anticipated runoff? MANDATORY CEQA FINDINGS: Findings: As discussed in Section 5.2 (Flooding), implementation of any of the alternatives would result in an increase in runoff due to built-up areas, which would prevent natural water retention and percolation of rainwater into the ground. 22 Resolution 20867 Page 27 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Development in the northeast portion of Section 14, where access to existing storm drain facilities is not available, would require that drain pipes be extended from Baristo Channel north to the development sites. Storm drains would have to be extended to the point where the ten- year storm flow exceeds the capacity of the street, from curb to curb. Facts in Support of Findings: A preliminary engineering examination of potential storm drains based on information collected by J. F. Davidson. One potential alignment would involve construction of a 48" drain beginning at Hermosa Drive and Amado Road, which would travel south to Tahquitz Canyon Way, east on Tahquitz Canyon Way (54") to Sunrise Way, and south on Sunrise Way(60"-66") to the Baristo Flood Control Channel. A detailed study to determine the specific size and location of this facility should be undertaken as the need arises. To meet future demand associated with the Specific Plan, the following improvements also are recommended: ➢ 54"- 36" drain on portions Calle El Segundo (Tahquitz Canyon Way to Amado Road), ➢ 30" drain on portions of Andreas Road (west of Calle El Segundo), ➢ 42" drain on portions of Saturnino Road.(east of Calle El Segundo), ➢ 42" drain on portions of Hermosa Drive between the Baristo Flood Control Channel and Baristo Road. As an alternative to construction of lengthy off-site storm drains, on-site retention facilities could be constructed in accordance with City policy to allow individual developers to proceed with projects. A determination will be made on a project-by-project basis. Mitigation Measures ➢ In conformance with existing City policy, new development shall be required to submit hydrologic/hydraulic studies to the City Engineer. If said studies show downstream capacity does not exist, then on-site retention or the construction of adequate downstream facilities shall be required. ➢ Development under the Specific Plan shall comply with the City's Master Plan of Drainage. E'.5 Traffic Circulation The following analysis is summarized from the Traffic Impact Study prepared for the project by Endo Engineering. Their complete report is attached as Appendix F to the EIR/EIS, and is on file with the City of Palm Springs and the Agua Caliente Tribal Planning Office. E.5.a Potential Effect: Impacts from increased traffic congestion are considered significant by the City of Palm Springs if a project would cause the levels of service at intersections or street segments to degrade below a Level of Service D. The City of Palm Springs Circulation Element specifies that a Level of Service D shall be provided and maintained for the City's circulation network, using average weekday conditions during the peak month of March as a base. The City also requires that the 1994 Highway Capacity Manual (HCM) methodology be used to determine impacts at intersections. 23 Resolution 20867 Page 28 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings MANDATORY CEQA FINDINGS: ' Findings: Table 5.8-1 of the EIR provides the peak hour and daily trip generation forecast for the Specific Plan Alternative by traffic analysis zone, based upon the ITE trip generation rates. This alternative would generate 59,300 daily trips more than the current development present on the site. However, under the General Plan/No Project Alternative, assessed in the following section, 51,980 daily trips more than the existing development would be generated. Thus, the Specific Plan would generate about 14 percent (7,320 trips) more than the No Project Alternative. Total trips for the Specific Plan Alternative includes trips from known on-site development not associated with the project (Casino, etc.) as well as development of vacant land under the Specific Plan. Trips from development of vacant land are calculated to be 39,250, while trips generated by non-project cumulative development would be 21,820. The 2010 daily traffic volumes for the Specific Plan Alternative are listed by road segment in the Traffic Impact Study prepared for the project. Facts in Support of Findings: The existing and planned road circulation network within Section 14 is adequate to serve the project. In fact, the site currently benefits from access provided by a network of prominent and wide streets that are arranged in a square grid pattern. This street system encourages higher speed traffic that is less likely or able to slow down and stop at existing and future business activity areas. Narrowing streets on-site is an option for reducing speeds and encouraging pedestrian activity. However, the adopted General Plan dedicates right-of-way widths along many streets in Section 14 that would require further street widening. This would remove landscaping, narrow sidewalks, and reduce the attractiveness of these routes for pedestrian use. Such widening provides excess capacity that is not needed to accommodate future traffic volumes. The Specific Plan proposes to amend the General Plan Transportation Element to reduce the street width and roadway classification for streets within Section 14. These are described in Section 3.2.6 (Parking and Circulation) and listed on Table 3.2-2 (Proposed Street Designations). The circulation modeling incorporated the proposed street classifications within Section 14. Under year 2010 conditions, the Specific Plan Alternative would be adequately served by the proposed circulation system. Consequently, the proposed amendment to the Transportation Element to allow changes to street classifications and design would not adversely impact site access or circulation within and around Section 14. The Specific Plan complies with all General Plan policies and standards, including: ➢ The project proponent shall dedicate appropriate right-of-way to accommodate the ultimate improvement of both master planned roadways on-site. ➢ Master planned circulation improvements will be made in conjunction with the proposed on- site development. ➢ LOS D or better shall be provided and maintained at the key intersections under average , weekday conditions during the peak season. 24 Resolution 20867 Page 29 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' The City of Palm Springs Circulation Element includes circulation policies that are relevant to the project. The proposed project was reviewed relative to its compatibility with these policies as discussed below. Policy 7.2.1 - Provide and maintain LOS D for the City's circulation network, using average weekday conditions during the peak month of March as a base. The traffic impact assessment revealed that year 2010 traffic volumes caused peak hour levels of service at four key intersections to exceed LOS D without mitigation. The project will achieve consistency with this City policy by providing mitigation as described below. Policy 7.2.3 - Discourage street widening unless required for needed capacity, public safety or consistency of width and/or alignment. Most streets in Section 14 appear extremely wide for the traffic volumes that they serve. The Specific Plan text indicates that the Section 14 street system depicted in the adopted Palm Springs General Plan would require street widening that would exceed the capacity demanded by anticipated future traffic volumes. The project complies with this policy by modifying streetscape and circulation standards and guidelines to emphasize alternative transportation modes and encourage pedestrians, bicyclists, and shuttle/transit use while maintaining adequate travel lanes for efficient traffic flow. Policy 7.2.4 - Require traffic mitigation improvements and other measures of development projects to mitigate the traffic impacts of the project. Required circulation improvements within Section 14 would be made in conjunction with individual development projects or when warranted. See Mitigation below. Policy 7.2.6 - Undertake the specific studies and projects to identify specific improvements, determine the feasibility and cost, and design and construct the necessary street improvements. The Tribe has initiated numerous technical studies addressing various project alternatives for the future development of Section 14 in an effort to identify specific improvements, determine feasibility and cost, and optimize the design. Once the alternatives were refined, an extensive circulation impact assessment was undertaken to evaluate the required circulation improvements. The required improvements within Section 14 shall be designed and constructed in conjunction with future development on-site. Policy 7.2.8 - Intersection safety lighting shall be provided; fixtures and lighting levels that complement the surrounding neighborhood shall be encouraged. Signalized intersections shall be provided with illuminated street name signs. The Specific Plan text identifies in Chapter 5 the specific streetscape and lighting improvements to be made within and adjacent to Section 14 in conjunction with the proposed development to comply with this City policy. For example, specially designed overhead pedestrian-scale lights 12 to 15 feet high would be located adjacent to the right-of-way of Tahquitz Canyon Way. Decorative street lights with banner supports would be provided along Indian Canyon Drive with overhead pedestrian-level lighting on the sidewalk. Taller 26- to 30-foot decorative streetlights would be used along Ramon Road and Sunrise Way. 25 Resolution 20867 Page 30 Section 14 Specific Plan-CaseNo.5.0728 City of Palm Springs Statement of Facts and Findings Policy 7.2.10 - Provide a program of non-motorized transportation alternatives and ' facilities, including those for bicycles and pedestrians. The proposed development would emphasize the use of alternative transportation modes within the area to promote the sense of Section 14 as a resort destination. A new network of walkways and bikeways would be integrated into the existing street grid and linked to major attractions. Modified streetscapes with meandering sidewalks, new landscaping, water elements, shade, and other design features would attract both recreational and destination- oriented pedestrians and cyclists. Other alternative transportation modes such as golf carts and bicycle taxis would be encouraged on-site. A rubber-tire shuttle route is proposed with stops at major attractions that would extend from Palm Springs Regional Airport westerly along Tahquitz Canyon Way to the downtown. Pedestrian linkages, bikeways, and transit opportunities would help to connect existing and future activity nodes within Section 14, as detailed in the Specific Plan text. One opportunity to connect developments with pedestrian linkages exists along Andreas Road (from the downtown through the Convention Center and across Avenida Caballeros to a future major attraction activity center). Similar pedestrian linkages are being considered at Arenas Road, at Tahquitz Canyon Way, and at Calle Encilia Specific site access improvements designed to encourage the use of alternative transportation modes include: ➢ Pedestrian-oriented development along Tahquitz Canyon Way (between Indian Canyon ' Drive and Avenida Caballeros); ➢ Meandering bicycle/pedestrian paths along Alejo Road; ➢ Amenities and wide sidewalks along Indian Canyon Drive; ➢ A landscaped pedestrian connector to the downtown along Andreas Road; ➢ A landscaped pedestrian/bikeway connection along Calle Encilia; ➢ Landscaped meandering bicycle and pedestrian pathways along Avenida Caballeros; and ➢ An improved pedestrian environment along Sunrise Way and Ramon Road. ➢ Baristo Channel bikeway. Policy 7.2.12 - Utilize transportation elements, particularly bicycle and hiking trails, as a means of providing recreational and educational experiences by linking up with various parks and public facilities in the City. Residential neighborhoods within Section 14 would be pedestrian friendly in design, with narrow streets and sidewalks separated from the street by shade trees .and landscaping to invite recreational walkers. More far-reaching trails and bikeways that connect to regional linkages and serve as recreational facilities would be provided in an attempt to reduce automobile trips and provide scenic attractions for residents and visitors. Connections to the walled enclaves of the residential complexes would be encouraged. 26 Resolution 20867 Page 31 Section 14 Specific Plan-Case No.5.0728 - City of Palm Springs Statement of Facts and Findings ' Policy 7.4.1 - Modify traffic patterns by restricting or closing certain access points, modifying or diverting internal traffic patterns and signalizing thoroughfares to facilitate access to, but restrict access through, residential neighborhoods. Alejo Road is currently master planned as a major thoroughfare with a 100-foot right-of-way and 76 feet of pavement on-site. The existing right-of-way varies between 40 and 100 feet and the existing pavement width ranges from 35 to 60 feet within Section 14. Since Alejo Road is almost entirely lined with residential uses, improvement to the currently master planned cross- section would require removal of existing homes and landscaping and would encourage through traffic in this area. The existing roadbed between Calle El Segundo and Sunrise Way is 60 feet wide, but it narrows west of El Segundo, where homes line both sides of the street. The proposed Specific Plan would reduce the right-of-way of Alejo Road to 60 feet from west of Calle Encilia to Calle Segundo and the pavement width would be 52 feet in this area. Proposed improvements would include widening on the Section 14 side of the street. Policy 7.5.2 - Pedestrian walkways should be provided to minimize pedestrian/auto conflicts. Where both have to use the same area, the design emphasis should be on making motorists feel like they are in a pedestrian area. The proposed Specific Plan would incorporate many design elements that would minimize pedestrian/auto conflicts and create pedestrian oriented development and activity areas. The ' proposed "Boulevard of Indian Culture and Art" pedestrian-oriented development would be located along the south side of Tahquitz Canyon Way (from Indian Canyon Drive to Calle Alvarado). Meandering bicycle/pedestrian paths would be located along Alejo Road and Avenida Caballeros that increase the distance between pedestrians and automobiles. Wide 18- foot sidewalks would be maintained on Indian Canyon Drive. A pedestrian connector to the downtown would be located along Andreas Road. Calle Encilia would include a landscaped pedestrian/bikeway connection. The pedestrian environment along Sunrise Way and Ramon Road would also be improved to increase the separation between pedestrians and automobiles and make walking more appealing. An internal pedestrian/bike path would be provided along Calle Alvarado and Hermosa Drive. Policy 7.6.1 - Require sufficient parking to serve each use, including employee and visitor parking needs. Section 14 generally has a plentiful parking supply at present, both in terms of on-street parking (which is readily available) and off-street parking. Many of the parking lots of newer developments in Section 14 appear to be underutilized. The locations where parking availability is the most constrained at present is along Indian Canyon Drive (where older small retail businesses exist) and near the convention center (during special events and conventions that can temporarily strain parking availability). Both adequate street capacity and parking are necessary on-site to support future development. As specified in the Specific Plan text, adequate parking would be provided primarily at each individual project on-site and/or consolidated into shared lots or structures. Parking would be located primarily in the rear or ' Side of a site, or in subterranean parking structures to permit buildings to front on arterial streets. Parking facilities and public access ways would be well lit but shielded from adjacent residential uses. 27 Resolution 20867 Page 32 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings A reduction in parking standards may be permitted for mixed-use projects. The Specific Plan ' proposes parking requirements for Increased Intensity developments that exceed 20,000 square feet of area at a rate of one space for each 325 square feet of gross floor area. Additional space is not required for restaurants, as long as not more than 25 percent of the total floor area is devoted to restaurant use. Parking for other commercial development would be the same as is currently required under the Palm Springs Zoning Ordinance. Indian Canyon Drive would continue to function as a one-way northbound street, with the option to convert it to a two-way street (one-lane southbound and three-lanes northbound) with on- street parking removed on one side, and the addition of a bike lane and new shared parking lots to replace the on-street parking removed. Policy 7.6.2 - Encourage the development of integrated, common parking areas for multiple businesses, which aim to eliminate the need for parking at individual sites thereby allowing for simplified parking requirements for individual businesses and stimulating pedestrian activity. Shared parking areas would be provided at eight different locations within Section 14. The largest of these would be along Amado Road and Arenas Road. Amado Road would be used as the major access route to shared parking structures serving the convention center, casino and resort areas. Parking structures would not front directly on Tahquitz Canyon Way. Parking structures within Section 14 would be designed so that their sloping floors .are not visible from adjacent streets. This would minimize views of light sources and cars from nearby ' streets and sidewalks. Where appropriate, ground floor retail or office uses would be incorporated into parking structures with frontage on a major thoroughfare. Parking structure stairs would be designed to ensure full visibility of stairways on a minimum of two sides to enhance the security of users. Parking facing adjacent residential neighborhoods would be screened as required in the Palm Springs Zoning Ordinance (Section 9306). Parking structures and screening devices would be designed to ensure compatibility with adjacent neighborhoods. Parking structures fronting on Amado Road and other areas opposite residential uses would be setback a minimum of 30 feet and be partially screened from view by landscaping. Terracing of parking levels and/or partial berming of the first level, would make a structure compatible with adjacent lower-scaled developments. Parking structures facing major streets, such as Indian Canyon Drive, would have a substantial portion of the ground floor frontage in pedestrian- serving uses. Policy 7.6.3 - Provide for the development of parking areas for other than automobiles, such as bicycles and motorcycles. The Specific Plan seeks to balance the need for adequate parking with a future environment that emphasizes multiple transportation options. Consolidated projects proposed within Section 14 would benefit from incentives such as reduced parking requirements. Catalyst projects would be designed to include compatible uses with shared parking (in parking structures) and vigorous pedestrian spaces. The project would provide parking/storage areas for bicycles and ' motorcycles on-site. 28 Resolution 20867 Page 33 Section t4 Specific Plan-Case No.5.0728 City of Pahn Springs Statement of Facts and Findings ' Mitigation The impact analysis above determined that the following traffic improvements would be required to provide acceptable traffic flow and avoid congestion within and adjacent to the project site, and in the site vicinity: ➢ The installation of traffic signals at the intersections of: • Tamarisk at Indian Canyon Drive • Tamarisk at Sunrise Way • Tahquitz Canyon Way at El Cielo Road • Sunny Dunes Road at Sunrise Way • Amado Road at Calle Encilia • Tahquitz Canyon Way at Hermosa Drive • Ramon Road at Calle El Segundo ➢ Improvements to the intersection of Ramon Road and Sunrise Way (adding a second northbound left-turn lane and a second southbound left-turn lane). ➢ Widening Ramon Road to six lanes westerly past Farrell Drive, which would add a third westbound through lane and a third eastbound through traffic lane to the intersections of Ramon Road and El Cielo Road and Ramon Road and Farrell Drive. ➢ Improvements to the intersection of Vista Chino and Sunrise Way would need an additional eastbound through lane and a westbound left-turn lane. These improvements can be categorized into the following classifications, which are discussed below: 1. Those which are already being constructed or would be constructed by others; 2. Those which are needed under existing (1997) conditions; 3. Those which would be located on or adjacent to the project site and which would be of primary benefit to the project; and 4. Those which would be located off the project site but in the site vicinity, and which would benefit the regional circulation system. The project would contribute to the need for the improvement, but would not be the primary beneficiary. The Specific Plan already incorporates the following measures to reduce trip generation from within Section 14: ➢ The Specific Plan will minimize off-site vehicle trips by encouraging non-motorized transportation facilities and alternative transportation modes (such as golf carts, bike taxis, bikeways, airport shuttles, etc.). ➢ The circulation system design standards within Section 14 are adequate to provide sufficient roadway capacity. ➢ Adequate off-street parking (including handicapped parking) shall be provided per the Specific Plan text. The Specific Plan shall be revised to include the following additional measures: ➢ The elimination and/or consolidation of existing driveways shall be encouraged in all future ' site planning and adjacent new developments shall use shared parking and driveways, wherever possible. 29 Resolution 20867 Page 34 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ➢ The project shall implement bike lane striping and signage improvements within and ' adjacent to Section 14 and shall provide parking/storage areas for bicycles and motorcycles on-site. ➢ The Tribe will coordinate with SunLine Transit Agency regarding the need for on-site bus turnouts. Mitigation Already Being Constructed or Which Would be Constructed by Others The intersection of Calle Encilia and Amado Road would require signalization due to increased traffic flow by 2010. The need for this signal would be generated by the construction of the Casino project, and the signal would be paid for and installed by the developer of that project. Mitigation Needed Under Existing Conditions The City of Palm Springs shall be responsible for signalizing those intersections which were determined to warrant signals based on existing (1997) traffic flow. This mitigation is required for traffic impacts which exist without implementation of the Specific Plan, and which would primarily benefit other properties outside Section 14. The Specific Plan should not be required to construct or contribute to these improvements. As an alternative, the project could be responsible for the design and construction of these improvements to the satisfaction of the City and the Tribe under a Traffic Impact Fee (TIF) Program. Mitigation Needed as a Result of the Project The Specific Plan Alternative creates significant impacts to the traffic circulation system of Palm ' Springs based on the generation of 59,300 average daily trips: 39,250 trips from new developments and 20,050 from the Casino and other projects within Section 14, but not subject to the Specific Plan. These other projects have been subject to environmental and traffic analysis; review and mitigation have already been determined. Impacts from the Specific Plan require that the following intersections be signalized to provide acceptable traffic circulation. These intersections are located on a major roadway on or adjacent to the project site, and would be of primary benefit to the project by providing access to a minor cross-street into/out of the site: ➢ Tahquitz Canyon Way and Hermosa Drive ➢ Ramon Road and El Segundo ➢ Ramon Road and El Camino Real Typically, the City requires that an individual developer prepare a traffic study to examine the impacts f the project on adjacent intersections and driveways. Based on the results of the traffic study, the developer could be responsible for, or be required to participate in, installation of signals, upgrading of existing signals, re-striping for turn lanes, road widening, etc. These improvements and costs are normally determined during the development review process and could vary widely depending on the results of the project's traffic study. As an alternative, the Specific Plan could be responsible for the design and construction of these improvements to the satisfaction of the City and the Tribe under a Traffic Impact Fee , (TIF) Program. The TIF Program should be prepared by the City of Palm Springs and the Tribe, and if desired, should be completed prior to the adoption of the Specific Plan. 30 Resolution 20867 Page 35 Section 14 Specific Plan-CaseNo.5.0728 City of Palm Springs Statement of Facts and Findings The TIF Program should include the following concepts: 1. The primary intent of the TIF program is to: ➢ Determine in advance, traffic mitigation requirements for individual developers under the Specific Plan, as to avoid the need for additional traffic impact studies until 2010, or until the individual developments from Section 14, when added together, would generate more than the 39,250 trips generated by development under the Specific Plan. ➢ Fund required traffic improvements through a fair-share basis. 2. Traffic mitigation from development of the Specific Plan should include signalization of the following intersections: ➢ Tahquitz Canyon Way and Hermosa Drive ➢ Ramon Road and Calle El Segundo ➢ Ramon Road and El Camino Real The City has included a traffic signal at the intersection of Avenida Caballeros and Amado Road in the 1998 Capital Improvements Program. The impact analysis did not identify the need for a traffic signal at this intersection. 3. A per-trip impact fee would be determined based on the total estimated costs of these improvements (including fair-share improvements) divided by the 39,250 trips generated by Specific Plan development within Section 14. A rough estimate of the funds needed to install the two traffic signals would be $500,000, The per-trip fee would be approximately $13.36, 4. Individual developers within Section 14 would pay a traffic impact fee to the Tribe/City of Palm Springs based on the number of trips generated by that proposed development. ITE trip generation rates would be used to determine the trip generation. 5. The Tribe/City of Palm Springs would collect the traffic impact fees and use them to pay for the listed traffic improvements. 6. The Tribe/City of Palm Springs would determine the phasing of traffic improvements listed above based on the location of individual development projects and overall traffic circulation needs. 7. If acceptable to the Tribe, the City may include these improvements in the Capital Improvement Plan. 8. The TIF Program would be in addition to the Coachella Valley TUMF program, which are paid to and administered by, the Coachella Valley Association of Governments for regional and sub-regional mitigation. 31 Resolution 20867 Page 36 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Regional Mitigation to Which the Project Contributes The project would contribute to the need for improvements at five intersections and the widening of a portion of Ramon Road, but would not be the primary beneficiary. The project should contribute on a fair-share basis to the following improvements, through the TUMF program, described below: ➢ Improvements to the intersection of Ramon Road and Sunrise Way (adding a second northbound left-turn lane and a second southbound left-turn lane, as shown on Figure 5.8- 3). ➢ Widening Ramon Road to six lanes westerly past Farrell Drive, which would add a third westbound through lane and a third eastbound through traffic lane to the intersections of Ramon Road and El Cielo Road and Ramon Road and Farrell Drive. Intersection improvements are shown on Figure 5.8-3. ➢ Improvements to the intersection of Vista Chino and Sunrise Way would need an additional eastbound through lane and a westbound left-turn lane. See Figure 5.8-3 for a sketch of improved intersection geometrics. ➢ Installation of traffic signals at Tamarisk Road at Indian Canyon Way and Tamarisk at Sunrise Way. These roads are included within the Congestion Management Program (CMP) system which is administered by the Coachella Valley Association of Governments (CVAG). Roadways throughout the region have been identified as important to the regional circulation system. The City of Palm Springs has adopted the Transportation Uniform Mitigation Fee (TUMF) to comply ' with the Land Use Coordination requirements of the CMP. Improvements to system roadways are funded and constructed under the TUMF/CMP. All developments in the City of Palm Springs are required to pay TUMF for traffic impacts, which are collected by the City and held by CVAG until specific improvements are needed. The fees are determined based on ITE trip generation rates, the type and intensity of land use proposed and the number of peak hour trips from the proposed development. In the project vicinity, the TUMF/CMP system includes Vista Chino and Ramon Road and the improvements listed above would be handled through the TUMF/CMP system. Project developers would be required to contribute to the TUMF/CMP system as determined by the CVAG. Amendments to the Transportation Element The proposed amendment to the Transportation Element of the Palm Springs General Plan to allow changes to street classifications and design would not adversely impact site access or circulation within or around Section 14. Roadway improvements on-site per the proposed amendment would provide sufficient capacity to serve future year 2010 traffic volumes at acceptable levels of service. No mitigation is required. Transportation Management Actions The City of Palm Springs has adopted a Transportation Demand Management (TDM) Ordinance. The Tribe shall develop and implement a Transportation Demand Management ' Plan for Section 14 that is consistent with applicable provisions of the City's adopted TDM 32 Resolution 20867 Page 37 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' ordinance. The TDM Plan for Section 14 shall be prepared prior to adoption of the Specific Plan. E.6 Land Use E.6 Potential Effect: Would the proposed project be inconsistent or conflict with the goals, objectives, or guidelines of the City's General Plan or other applicable plans? MANDATORY CEQA FINDINGS: Findings: The Specific Plan does not allow any greater intensity, density or height than is currently allowed in the adopted General Plan at the maximum potential for any given land use designation. However, the distribution of uses and intensity would be shifted. With the densities and intensities proposed in the Specific Plan, full development of the vacant and redevelopable land in Section 14 would result in a reduction of the total number of residential units and hotel rooms and an increase in the commercial square footage as compared with the existing allowable land uses as listed in Table 3.7-1 of the EIR. The project would require amendments to the City's General Plan Land Use Map and the Circulation Element. The proposed amendments to the Land Use map are shown in Figure 5.9- 1 of the EIR. In general, the Specific Plan would increase commercially designated land and reduce residentially designated land within Section 14. The proposed amendments to the ' Circulation Element are discussed in Section 5.8, Traffic Circulation. Facts in Support of Findings: Properties along Tahquitz Canyon Way currently designated Residential H43/30 would be redesignated to RC. The RC designation would be extended north to Andreas Road and between Calle Alvarado and Hermosa Drive north to Amado Road. The RC designation on the south side of Tahquitz Canyon Way would be extended south to Arenas Road. This would eliminate the current situation in which many parcels along the Tahquitz Canyon corridor have two General Plan land use designations. The property on Calle Encilia between Amado and Andreas Roads would be redesignated from Residential H43/30 to RC. The parcels along Saturnino would be redesignated from Residential H30 to Residential H43/30. Properties along Ramon Road that are designated Residential M15 would be redesignated to Residential H43/30, creating a more consistent land use pattern along Ramon Road. The parcel along Ramon Road to the west of the Baristo Channel would be redesignated from NCC to Residential H43/30. 33 Resolution 20867 Page 38 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings The 1992 General Plan Draft EIR indicates that Fire Station #441, currently located at 277 ' North Indian Avenue, is to be relocated to provide better response times (p. 6-11). The fire station will be relocated to an area near the Convention Center. The Specific Plan would delete reference to a fire station (F) in Section 14, although the text on page 9-5 indicates, "The fire station should be relocated to another location within Section U." Fire Station #441 serves mainly Section 14. The Fire Department has requested that this existing station be moved to a secondary street rather than on a main thoroughfare and to be in the immediate area that is served (Freet, 1997). The removal of the designation for a fire station in Section 14 is in conflict with the General Plan and is a significant impact of this alternative. The proposed project could result in potential land use impacts. Policy 3.23.4 of the General Plan addresses the integration of residential uses with commercial activity on a single site. The policy requires that the uses be fully separated and that the residential use be protected from noise, odor, and other adverse characteristics of commercial activity. While the Specific Plan encourages mixed use development, the Plan does not include standards to protect residential development from impacts from the commercial uses. A second potential significant impact is that the fire station shown within Section 14 on the adopted General Plan map has been deleted. While the text of the Specific Plan acknowledges the relocation of the fire station, the map does not indicate where the new station would be located, which would result in a conflict between the Specific Plan and the General Plan. The Specific Plan does not conflict with the adopted redevelopment plans or with other regional plans. The Specific Plan would become the zoning for the project area. The Specific Plan would not allow intensity of development that is beyond what is currently allowed in the area. ' The proposed project would not reduce the amount of land within Section 14 that is designated in the General Plan for open space. In addition, the Specific Plan includes development standards that require the incorporation of open space into private development. This is discussed further in Section 5.7, Parks and Recreation. The proposed project would not create substantial or extreme use incompatibility. The one area of potential incompatibility identified would be development adjacent to the cemetery. However, the Tribe has indicated that the proposed 60 foot setback provides an adequate buffer to the existing cultural land use. Compatibility with Existing Zoning The Specific Plan would replace the existing zoning for the project area on the City's zoning map. The Specific Plan would create the following new zones not used in other parts of the City: • Specialty Retail-Entertainment-Office (REO) Specialty Retail-Entertainment-Office (REO) Overlay Resort-Attraction (RA) • Resort-Attraction (RA) Overlay Local Service Commercial (LSC) • Neighborhood Commercial (NC) • High Density Residential (HR) , • Medium Density Residential (MR) • Medium Density Residential buffer(MBR) 34 Resolution 20867 Page 39 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings • Cemetery (C) Proposed zoning would correspond to proposed land use designations of the Specific Plan. Properties along Tahquitz Canyon Way and between Indian Canyon Drive and Calle El Segundo north of Arenas Road would be zoned primarily REO and RA (Figure 3.7). The REO Overlay would be placed on parcels on the south side of Tahquitz Canyon Way between Indian Canyon Drive and Calle El Segundo. Properties between Indian Canyon Drive and Calle Encilia south of Arenas Road would be zoned LSC. A small area at the northwest corner of Sunrise Way and Ramon Road would be zoned NC. The majority of the remaining land would be zoned HR. An RA Overlay would be located on the east side of Calle Encilia north of Amado Road. The land south of Alejo Road would be zoned MBR to create a buffer between the estate homes north of Alejo Road and the high density residential land in Section 14. The MR district would be located along Sunrise Way between Alejo Road and Andreas Road. The C zone would be placed along Tahquitz Canyon Way east of Avenida Caballeros. Mitigation The following mitigation measures are proposed to reduce significant land use impacts to an acceptable level: ➢ The Specific Plan shall be revised to specifically provide for the relocation of Fire Station #441 from 277 North Indian Avenue to the corner of Amado Road and Calle Encilia which allows for a better response time than is currently possible. The location shall be approved by the City of Palm Springs Fire and Planning Departments and the site shall be indicated on the map in the Specific Plan prior to the adoption of the Specific Plan. ➢ Possible impacts relating to compatibility between adjacent uses, setbacks, articulation and landscaping would be mitigated through the City's Development Review Process and the Design Review Process. ➢ Each individual project would be subject to a detailed design review by the City. E.7 Aesthetics/Visual Quality/Urban Design E.7.a Potential Effect: Would the proposed project: ➢ substantially block a view through a designated scenic corridor as shown in the City's General Plan; ➢ have a cumulative effect by opening up a new area for development, which would change the overall character of the area or ultimately cause extensive view blockage. View blockage would be considered extensive when the overall scenic quality of a resource is changed; ➢ result in the physical loss or degradation of a designated community identification symbol or landmark; ➢ allow development that exceeds the allowed height or bulk regulations and existing patterns of development in the surrounding area by a significant margin; ➢ create a cluttered and/or distractive appearance and would substantially conflict with City codes? 35 Resolution 20867 Page 40 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings MANDATORY CEQA FINDINGS: Findings: Section 14 is located within the urban limits of Palm Springs and urban development is anticipated in the area. The Specific Plan Alternative provides for the orderly infill of the area in a cohesive and harmonious pattern. The Specific Plan provides more detailed standards and guidelines for the future development of the area than what is contained in the City's General Plan and Zoning Ordinance development standards. The Specific Plan would comply with the urban design policies in the City's General Plan and would preserve existing scenic views of the mountains from the six designated scenic corridors within Section 14. Facts in Support of Findings: The Specific Plan would provide a strong visual identity in the project area by making the area recognizable and memorable through street improvements and the creation of gateways. The Plan would not create a cluttered appearance and would not conflict with the City's codes. The provision of design guidelines for development would result in high quality development that is compatible with existing developments. Compliance with the proposed design guidelines would be important in the success of the Plan. As currently worded, the guidelines are more suggestive. A mitigation measure has been added to ensure that they are implemented. The Specific Plan does not allow any greater height or bulk than that currently allowed in the City's General Plan and development standards. The maximum building height is 100 feet. Currently, this is allowed on Indian land. The Specific Plan limits the areas where the 100-foot buildings could be located and consolidates the greater height into specific locations to create ' activity centers identified as catalyst sites. Such sites are found throughout Section 14 and are designed as RA(Resort/Attraction). The project would not require nor cause the loss or degradation of any designated community identification symbol or landmark. The Specific Plan includes development regulations to protect the existing cemetery, which is of community significance. While the project area is highly visible (located just east of downtown and situated between the airport and downtown), the development proposed in the Specific Plan would not strongly contrast with the surrounding environment. The Specific Plan contains development regulations to limit the excessive bulk of buildings by requiring additional building setbacks as the height increases. In addition, any signage must comply with the City's existing sign ordinance. Compliance with the City's lighting requirements would prevent adverse light and glare impacts from implementation of the Specific Plan. Mitigation Measures To minimize any potential impact from the implementation of the Specific Plan, the following mitigation is recommended: ➢ The design guidelines in the Specific Plan shall be implemented by all individual projects within Section 14. The City's Architectural Review Process will ensure that each project ' conforms with the intent of the Plan. 36 Resolution 20867 Page 41 Section 14 Specific Plan-Case No.5.0728 ' City of Palm Springs Statement of Facts and Findings ➢ Visual impacts from the retention ponds and possible safety fencing would be avoided by compliance with the City's Master Plan of Drainage. Any needed on-site retention basins would be incorporated into the landscape plans. Architectural review of individual site plans would ensure that these measures are incorporated. F. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL EFFECTS IDENTIFIED IN THE FINAL PROJECT EIR THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL WHICH IS NOT SIGNIFICANT The City finds that despite the incorporation of extensive changes and alterations into the proposed project, approving the implementation of the proposed Section 14 Specific Plan project will possibly allow epe two adverse environment impacts to remain unavoidably significant because these impacts cannot be mitigated to a non-significant level. The unavoidable significant adverse environmental impacts is are air quality and water. The impacts and the measures identified to minimize them to the extent feasible are summarized below. The potentially significant impacts to air quality and water were concluded to be significant based on the whole record which demonstrated that these impacts could not be reduced below thresholds of significance by the proposed project changes (alternatives, mitigation measures, or design changes). Thus, despite the incorporation of all feasible changes or alterations available to avoid significant effects of the proposed project outlined in the EIR, and summarized below, the following impacts caused by the proposed project cannot be fully mitigated to a level of insignificance and a statement of overriding consideration is thereby included herein, in which specific economic, legal, social, technological or other considerations make infeasible the reduction of project impacts to a non-significant level. FA Air Quality F.1.a Significant Unavoidable Impacts: Would the proposed project result in: ➢ being located upwind of sensitive receptors or in areas with high pollutant concentrations; ➢ exceedance of any air quality standards; ➢ substantial contribution to an existing exceedance of an air quality standard; ➢ inconsistency with the AQMP; or ➢ emission of toxic or hazardous air pollutants. MANDATORY CEQA FINDINGS: Finding: The air quality impacts, mitigation measures, and the effectiveness of these measures in reducing impacts are discussed in the Final EIR, Section 5.3. Even with imple- mentation of the available mitigation measures outlined below, the project will result in an increase in short term air quality levels that will exceed the air quality significance thresholds utilized in the EIR. It is not feasible to implement additional mitigation measures to reduce projected air quality impacts to a level of no significance. ' Facts in Support of Findings: Significant impacts occur when carbon monoxide standard exceedances are projected at sensitive receptor locations. In cases where the background concentration already exceeds the 37 Resolution 20867 Page 42 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings state carbon monoxide standards, a significant impact is defined as occurring when there will be a measurable increase in carbon monoxide levels at the receptor site. A measurable increase is defined by the SCAQMD as 1.0 ppm for one-hour carbon monoxide levels and 0.45 ppm for eight-hour carbon monoxide levels. Construction Period Exhaust Essentially any development in Section 14 would generate a significant short-term impact and it is virtually impossible to mitigate short-term construction impacts to a level of insignificance. The SCAQMD recommends a series of mitigation measures that can assist in reducing construction emissions. Graded Surface PMta Emissions Sources of construction activity that generate PM1e typically include: grading, demolition (when necessary), heavy-duty equipment on paved and unpaved roads and the loading and unloading of trucks when cut and fill quantities are not balanced on a particular development site. An average PM10 emission factor for construction activities is 26.4 pounds of PM,() per day per acre disturbed (SCAQMD, CEQA Air Quality Handbook, 11/93). This factor can be reduced by half through regular watering. Future projects within Section 14 must comply with existing regulations, such as the SCAQMD Rule 403 which 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. Future projects will be required to comply with all reasonably available control measures, as part of the development review process. Even with these mitigation measures, it would be difficult to develop a parcel within Section 14 without exceeding the PM,c threshold. Consistency with Relevant Planning Programs Although project-related short-term construction emissions of NOxand PM,c may be considered a significant adverse impact by the SCAQMD because they are projected to exceed significance threshold criteria, it is important to bear in mind that improving the balance between employment opportunities and the local housing supply lowers long-term emissions by producing shorter commutes, more efficient travel patterns and reduced congestion. Consequently, the proposed project would appear to be consistent with the population and employment growth projections that form the basis of the AQMP. By incorporating facilities that encourage the use of alternative transportation modes, all of the alternatives for the proposed action would reduce the number of automobile trips generated by future development within Section 14 substantially. As a result, the proposed action would achieve the air quality goals set forth in the AQMP. Mitigation Measures As indicated in the impact analysis, SCAQMD significance thresholds for NO, and PM10 would ' be exceeded during the construction phase. Long-term air pollutant emission levels would exceed the SCAQMD operational significance threshold criteria for all pollutants except SOx. 38 Resolution 20867 Page 43 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' Significant NO, and PM,o impacts cannot be mitigated to a level of insignificance. Implementation of the following mitigation measures would reduce the magnitude of the impacts substantially. Nevertheless, air quality impacts from implementation of the Specific Plan Alternative would remain significant. Table 5.3-6 of the EIR includes a list of potential mitigation measures recommended by the SCAQMD for use as standard conditions of approval on all new projects within the Coachella Valley. The Tribe will consider these measures in developing the Mitigation Monitoring Plan to ensure that construction-related emissions of NO, and PM10 associated with the proposed project will be reduced to the maximum extent feasible. The Tribe must also comply with EPA Rules and Regulations. Measures To Minimize Construction Activity Emissions ➢ Cut and fill quantities would be balanced on-site. ➢ The Specific Plan would 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 PM,o emissions. A plan to control fugitive dust through implementation of reasonably available dust control measures shall be prepared and submitted to the City of Palm Springs 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. ➢ 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. ➢ A suitable dust control deposit will be required and made prior to issuance of grading permits. ➢ 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 watered such that a crust will be formed on the ground surface and then watered again at the end of the day. ➢ 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. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. ➢ 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. ➢ Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph, per the PM,o SIP. ➢ Construction personnel shall be informed of ridesharing and transit opportunities. ➢ Construction parking shall be configured to minimize traffic interference. ➢ Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. ➢ If possible, activities should be scheduled to occur first on the upwind portion of each development site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. Construction activities which tend to create fugitive dust should be suspended under conditions of high wind velocity in the project area. ➢ Project developers shall comply with the City's PM,o Ordinance. 39 Resolution 20867 Page 44 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Measures To Minimize Operational Emissions ' ➢ The proposed project shall reduce long-term operational emissions by incorporating facilities for alternative transportation modes, implementing energy conservation measures and by reducing VMT in the following manner. ➢ The project shall internalize trips and reduce dependency on the private automobile by providing non-motorized transportation facilities and alternative transportation modes (such as golf carts, bike taxis, bikeways, airport shuttles, etc.). ➢ The vehicular circulation system within Section 14 would be supplemented with a user friendly walking, bicycling and transit environment. Amenities along these paths would include landscaping, enhanced paving materials, benches, trash receptacles, street lights, bus and shuttle shelters, fountains, newspaper racks, drinking fountains, etc. ➢ The project would accommodate an airport-hotel-downtown shuttle. ➢ Most residential development within Section 14 would be connected to the enhanced walkway/bikeway network that leads to streets with commercial activity. ➢ The project proponent shall comply with Chapter 8.50 of the Palm Springs Municipal Code. ➢ The project will reduce vehicle miles traveled and internalize trips by offer recreational activities, family-oriented attractions, entertainment venues and large-scale entertainment retail shopping opportunities in the vicinity of a community where residents currently make off-site trips for recreation and shopping. ➢ Building construction shall comply with the energy use guidelines in Title 24 of the California Administrative Code. ➢ The project proponent shall comply with applicable SCAQMD Rules and Regulations. F.2 Water F.2.a Significant Unavoidable Impacts: Would the proposed project result in: ➢ Depletion of the groundwater table, i.e. the availability of domestic water; ➢ Degradation of the quality of the domestic water supply(groundwater); ➢ Increase in the artificial discharge of the regional aquifer, thus excessively increasing the amount of TDS (total dissolved solids); ➢ An excessive increase in the rate and amount of surface run-off due to the increase of impervious surfaces; ➢ Significant impacts to the existing drainage system, increasing the potential for flooding. MANDATORY CEQA FINDINGS: Finding: The water impacts, mitigation measures, and the effectiveness of these measures in reducing impacts are discussed in the Final EIR, Section 5.2. Even with implementation of the available mitigation measures outlined in Section 5.2, the project in combination with other development projects in the Desert Water Agency's service area will result in an increase in the amount of groundwater consumption and a corresponding aggravation of the overdraft situation. It is not feasible to implement additional mitigation measures to reduce projected water impacts to a level of no significance. i 40 Resolution 20867 Page 45 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Facts in Support of Findings: The Desert Water Agency provides water to Section 14 and much of the Palm Springs area from groundwater. At this time, water demands from the DWA service area are greater than the groundwater recharge and a groundwater overdraft situation exists. The DWA has assured the Tribe that adequate water supplies would be available for development of Section 14. However, the combine effect of the proposed action (any of the four alternatives) and other development projects in the DWA's service area would result in an increase in the amount of groundwater consumption, and a corresponding aggravation of the overdraft situation. This is considered a significant and unavoidable cumulative effect. Partial mitigation is possible through the incorporation of water conservation measures into individual development projects, and the continuation of DWA's groundwater recharge efforts. The impact cannot be mitigated to a less than significant level, and remains a significant cumulative effect of development with the Section 14 area. The Desert Water Agency owns and operates the water distribution network that provides water to Section 14 and much of the Palm Springs vicinity. Rights-of-way for this pipeline network area permitted through the Bureau of Indian Affairs under a Blanket Right-of-Way that expires in 2005. The expiration of the right-of-way could prevent DWA from providing water to its service area, including Section 14, unless an agreement is reached between the Tribe and DWA. This is a pre-existing problem that occurs throughout the DWA service area and is not a result of cumulative or individual development projects within Section 14. However, it could affect long-term water supply to the section, and would be an impact for all of the four ' alternatives. Mitigation, in the form of an agreement between the Tribe and DWA allowing continued use of the right-of-way must be assured to guarantee water supply to Section 14. G. FINDINGS REGARDING THOSE ALTERNATIVES TO THE PROJECT ASIDENTIFIED IN THE FINAL EIR AND WHICH WERE SUBSEQUENTLY NOT IMPLEMENTED BY THE CITY The California Environmental Quality Act (CEQA) requires discussion of reasonable project alternatives that could feasibly attain the project's objectives (14 CCR. 15126(d)). CEQA requires that an EIR evaluate a reasonable range of alternatives to the project, or to the location of the project that: (1) offers substantial environmental advantages over the proposed project, and (2) may be feasibly accomplished in a successful manner and within a reasonable period of time considering the economic, environmental, legal, social, and technological factors involved. The basic objectives of the proposed project are outlined on page 3 of this document. The fundamental objectives are: to provide a framework for future development in Section 14 that will promote self-sufficiency for Tribal members while supporting development of Tribal government and infrastructure and to provide comprehensive planning for the site to ensure orderly development consistent with the City's General Plan. The objectives identified in the EIR must be fulfilled in order for an alternative to provide a feasible and reasonable alternative to the proposed project. The EIR for the Section 14 Specific Plan considered a total of three alternatives to the proposed action. These alternatives were defined based on mandatory requirements and alternatives designed to reduce the identified significant impact of the project: air quality. Based on the project objectives referenced above, none of the three alternatives was considered to be 41 Resolution 20867 Page 46 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings technically feasible and they were rejected from further consideration based on failure to meet the fundamental project objectives. The three alternatives that were subject to comparative evaluation in the EIR with the proposed action are: 1. Palm Springs General Plan, No Project, Alternative No. 1 2. Reduced Intensity Alternative, Alternative No. 2 3. Increased Intensity Alternative, Alternative No. 3 The purpose in analyzing alternatives to a proposed project is to determine if an alternative is capable of eliminating or reducing potential significant adverse environmental effects, "even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly" (State CEQA Guidelines, Section 15126(d)(3)). The following discussion summarizes the EIR evaluation of each of these alternatives in determining whether they are feasible alternatives to the proposed action (State CEQA Guidelines, Section 15126(d)) and whether an alternative can eliminate or substantially lessen significant impacts described in this document for the proposed action. Alternative No. 1 Palm Springs General Plan Alternative (No Project) Alternative No. 1 permits resort and tourist oriented commercial uses along a narrow strip on either side of Tahquitz Canyon Way, with residential and community uses elsewhere within the section. While the land uses themselves are similar to those proposed by the Specific Plan Alternative, the existing General Plan allows fewer acres of resort/tourist uses and greater acres for residential and community uses. A major difference between the Specific Plan Alternative and Alternative No. 1 is the degree to which consolidation of individual parcels into larger developable blocks is encouraged. Although the combination of smaller pieces could certainly occur, particularly within the R-4VP Zone adjacent to the C-1 Zone along Tahquitz Canyon Way, there would be no specific incentives for consolidation of 40-acre properties, as there are with the Specific Plan. Alternative No. 1 densities are listed in Table 3.3-1 of the EIR and allows the City to accept increased density if certain conditions are met. The lowest density is guaranteed; the highest density is a potential maximum density if a developer proposes qualities above the minimum development standards. The density determination is based on quality architecture, consistency with existing context or establishment of a distinctive environment where none exists, open space above minimum requirements, lot consolidation, minimized parking facilities, social or cultural amenities, and preservation of natural resources. Table 3.3-1 of the EIR gives maximum development levels indicating the worst-case development intensity. Where several types of development are permitted under one designation, the primary type of development was assumed to occur. For example, the CBD designations permits hotel or residential as well as office/commercial; the table assumes that all land with CBD designation would be developed as commercial/office. The Resort Commercial designation was assumed to be developed with hotel uses rather than the permissible residential. Residential High Density was assumed to be developed with residential uses, ' although hotel uses are also acceptable under certain circumstances. 42 Resolution 20867 Page 47 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings Alternative No. 1 details goals, policies and objectives for transportation and circulation, land use, open space, housing, environmental resources, health and safety and infrastructure and community services. These are described fully in the Palm Springs General Plan (1993) and Final EIR, which is hereby incorporated by reference. Urban design guidelines and landscaping would be the same as listed in the General Plan, and would include allowing increased building height to compensate for reduction of bulk along sidewalks, architectural review and zoning enforcement of landscaping design, lighting, storefronts and signs, enhancing security and pedestrian lighting, and providing a shuttle service between hotels and downtown attractions. Specific guidelines are given for urban design (scale, architecture, pedestrian links and streetscape). The City predicted the level of development likely to occur within Section 14 by 2010 for use in the General Plan Update EIR (1992) and the Coachella Valley Area Governments (CVAG) regional traffic analysis. These projections (listed in Appendix L of the General Plan EIR) included 2,829 multi-family residences, 483 hotel rooms and 136,000 square feet of commercial or office space. Alternative No. 1would be in conformance with the City's General Plan but it does not meet the objectives of the Tribe and does not provide the same incentives for consolidating development parcels as the Specific Plan. Alternative No. 2 Reduced Intensity Alternative Alternative No. 2 would designate land uses similar to the Specific Plan, but would propose less intensity and density of use. Figure 3.4-1 of the EIR shows the general location of land uses throughout the site. As with the Specific Plan Alternative, resort, hotel and visitor serving uses would be concentrated in the western half of the section and along both sides of Tahquitz Canyon Way, while residential and local serving commercial would be located in the northeastern and southeastern areas of the section, away from Tahquitz Canyon Way and east of Avenida Caballeros. Alternative No. 2 has noticeably less intensity and density of land uses than those proposed by the Specific Plan Alternative. Residential development would be proposed with densities of eight units per acre (rather than the 30 units per acre proposed by the Specific Plan), floor area ratios of .23 (reduced from .38 and 1.0), and hotel intensities of ten rooms per acre (rather than 43 or 86). Development standards that discourage multi-story buildings would need to be adopted. Table 3.4-1 shows the maximum total development of the site at these densities. In order to classify acreages by type of land use, similar assumptions were made for the Specific Plan Alternative: Resort Attraction was assumed to be split evenly between hotel and commercial developments, Retail/Entertainment/Office was assumed to be entirely commercial/office (no hotels), and high density residential was assumed to be solely residential (no hotels). The reduced densities and intensities would result in a different product and different type of development in Section 14. High-rise buildings would not be permitted. The lower number of hotel rooms would prevent the high intensity resort entertainment uses, such as those associated with the Spa Hotel or Wyndham. In addition, the hotel/motel developments such as the Comfort Inn or a Best Western would not be permitted under this alternative. Instead of these higher intensity uses, the hotel projects within Section 14 would have a much lower 43 Resolution 20867 Page 48 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings density. The maximum of ten units per acre permitted by this alternative could allow in low ' density, tennis resorts similar to La Mancha. Alternative No. 2 residential developments would have a maximum density of eight units per acre, allowing garden apartments and low-rise condominiums. Structures would be one or two stories. Although units would be considered multi-family, since they would be built with common walls, most likely each unit would have its own front door or primary access rather than sharing a common entry as is typical in higher density developments. The City's General Plan would have to be amended to reflect the lower densities. Alternative No. 2 commercial structures would be one-story, and would have a suburban feel rather than the higher density, resort type of uses envisioned with the Specific Plan. Facilities such as K-Mart, grocery stores, or strip commercial centers would be acceptable uses under this alternative. The boutique shops and entertainment uses proposed by the Specific Plan would require greater floor area ratios than proposed by of this alternative and would not be permitted. In general, Alternative No. 2 would result in fewer impacts or impacts of lesser magnitude that the other alternatives. However, it does not meet the objectives of the Tribe and it does not implement the goals or vision of the City's General Plan. It also does not give incentives for consolidation of parcels. Alternative No. 3 Increased Intensity Alternative Alternative No. 3 would have less residential units than either the General Plan or Specific Plan. However, this alternative would allow more residences, hotel rooms, and commercial development than the Reduced Intensity Alternative. Redevelopable parcels would include those currently developed with single family residential, which are expected to be redeveloped with multi-family residential under this alternative. A parcel at Sunrise Way and Amado currently used as a parking lot is designated for continued use as parking, and has not been counted in the acreage potentially available for redevelopment. Alternative No. 3 proposes a resort district west of Avenida Caballeros with active pedestrian uses and widened sidewalks along Tahquitz Canyon Way. An initial catalyst project would be located at Indian Canyon Drive north of Amado Road, combining uses and activities such as shopping, eating, offices, live theater, and/or housing set in an indoor-outdoor, festival marketplace atmosphere, such as Faneuil Hall in Boston or Pike Place Market in Seattle. Calle Encilia and Andreas Road would serve as pedestrian corridors. East of Avenida Caballeros, vacant land along Tahquitz Canyon Way would be developed with a series of individual single or mixed-use projects, consisting of small-scale buildings set back from the street by broad expanses of landscaped open space. An automobile oriented neighborhood shopping center at Sunrise Way and Tahquitz Canyon Way would incorporate small-scale buildings and structures set at the corner to define a gateway into the project site. Alternative No 3 proposes a strong urban pedestrian character on Tahquitz Canyon Way west of Avenida Caballeros. Design features would include buildings set close to the street and sidewalks widened into the building setback areas, canopy shade trees planted in a formal pattern between existing palms, and pedestrian amenities, such as lighting, paving, street furniture and banners. To avoid removing parking on Tahquitz Canyon Way from Calle El 44 Resolution 20867 Page 49 Section 14 Specific Plan-Case No.5.0728 City of Palm Springs Statement of Facts and Findings ' Segundo to Indian Canyon Drive and to accommodate the future extension of the Class 2 bikeway, the bikeway would be re-routed to Amado Avenue or one lane of traffic on Tahquitz Canyon Way would be removed. This alternative would provide on-street parking to help reinforce active, pedestrian use of the area. Landscaping along Tahquitz Canyon Way would include broad landscaped setbacks with informal desert plantings and features such as rocks and pools. Palms would be maintained in the median all along Tahquitz Canyon Way; textured paving would be added at key intersections. Parking would be provided at each site, and along the streets within the section. Alternative No. 3, like the Specific Plan, proposes pedestrian and bicycle systems along all major arterials, the storm drain channel and through the major mixed use projects. Amado Road would be used as a principal east-west access road. Major landscaped gateways into the project would be located at the four corners of Section 14, at the intersections of Tahquitz Canyon Way with Indian Canyon Drive and Sunrise Way, and at the intersections of Avenida Caballeros with Alejo Road and Ramon Road. Landscaping is proposed along major arterials, and Ramon, Alejo and Sunrise Way. Alternative No. 3 would provide a different mix of land uses within Section 14 than the previous alternatives. Uses within a 1/2-mile radius of the intersection of Indian Canyon Drive and Tahquitz Canyon Way would be linked to downtown. Beyond the 1/2-mile radius along Tahquitz Canyon Way east of Avenida Caballeros, land uses would be residential and include a collection of local serving commercial uses. Development in this part of the Section would occur primarily as a series of small projects with surface parking. The Increased Intensity Alternative has greater environmental effects relating to traffic, air quality, and noise than any of the other alternatives, and also does not meet the Tribe's objectives or provide incentives for lot consolidation. H. FINDINGS REGARDING MITIGATION MEASURES WHICH HAVE BEEN IDENTIFIED IN THE FINAL PROGRAM EIR BUT WHICH HAVE NOT BEEN ADOPTED AS CONDITONS OF PROJECT APPROVAL BY THE CITY All of the proposed mitigation measures in the Final EIR have been adopted as conditions of approval by City. 45 Resolution 20867 Pa e 50 Section 14 Specific Plan- Case No.5.0728 ity of Palm Springs Project Benefits and Statement of Overriding Considerations EXHIBIT B ' PROJECT BENEFITS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING ENVIRONMENTAL EFFECTS FROM APPROVAL OF SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN I. PROJECT BENEFITS The benefits from approving the proposed project will result in the highest and best use of Section 14, builds upon the existing strengths of the area, offers the desired elements currently missing in downtown and Section 14, coordinates and connects the area's development, provides enhanced retail commercial services that can be provided to local City residents. The project benefits outlined below were considered by the City in performing the balancing test with those unavoidable significant adverse environmental impacts presented earlier in this document. Benefits of Implementing the Proposed Project a. The proposed project will generate an estimated 1,767 newjobs within the City. Assuming average wages of $20,000 per year, the net increase in annual income within the City is estimated to be $35,340,000. (ERA Study, September 2001) b. The proposed project will increase annual City revenues by an estimated $2,703,000.(ERA Study, September 2001) , C. Real estate value for the property is estimated to increase by about$255,980,000. Annual new municipal revenues to the City are estimated to be $650,818 annually. (ERA Study, September 2001) d. The redevelopment tax increment will increase by $1,770,000. (ERA Study, September 2001) e. The proposed project will add 1,210 housing units and 1,732 new residents. (ERA Study, September 2001) f. There will be an additional 500 hotel rooms and an additional 748,000 square feet of commercial space. (ERA Study, September 2001) g. There will be $5,028,000 per year in new land leases revenues to Tribal allottees and fee owners. (ERA Study, September 2001) h. Section 14 will be a unique and cohesive district with its own identity, which is separate but linked to downtown Palm Springs. The entire section will be seen as a high-quality and integrated destination resort and living environment. i. The character of Section 14 will reflect both the desert and oasis environment and will emphasize the area's Indian heritage and culture. Section 14's assets,such as its mountain views and existing hotels, casino, and convention center, along with new attractions, will serve as the basis for a lively, visually exciting place. 1 Resolution 20867 Page 51 Section 14 Specific Plan- Case No.5.0728 City of Palm Springs Project Benefits and Statement of Overriding Considerations j. Section 14 will capitalize on the area's close proximity to the airport, downtown, and future transit station by creating and marketing a walking,bicycling and transit-friendly environment that complements an attractive vehicular circulation system. k. Section 14 will concentrate on the development of more unique attractions for all age groups to strengthen the market for hotels and other existing investments, and to encourage new development. The unique attractions will include casinos, museums,family entertainment, an [MAX theater, ice-skating, practice golf, an indoor/outdoor sports activity complex,theme restaurants and/or a specialty- shopping complex, and convention center. I. The proposed project will promote and provide incentives for"critical mass"catalyst projects with a mix of uses situated on contiguous vacant land at key locations to establish a bold, new visual environment and a strong sense of place in Section 14 and to encourage other investments. M. The proposed project will encourage new uses for which there is a market(restaurant row, specialty retail) to locate in the most advantageous locations to ensure success and to stimulate other development.The proposal will also encourage year-round uses that support and enhance existing uses and serve resort visitors and permanent residents. n. The Specific Plan will encourage creation of partnerships for expenditures by the City and the Tribe to improve streetscape and infrastructure and by private property owners to improve facades and rehabilitate existing uses. ' o. The proposed project will recognize that Section 14 and downtown,though distinct, must be strongly linked, and must effectively compete in the region together to be successful. The Tribe and the City must aggressively pursue opportunities for new, large-scale resort- shopping-entertainment development on Section 14's vacant sites,while also pursuing the revitalization of existing developed sites in Section 14 and downtown. J. OVERRIDING CONSIDERATIONS This section of the findings addresses the requirements in Section 15093 of the California Environmental Quality Act Guidelines. Section 15093 requires the Lead Agency to balance the benefits of a proposed project against its unavoidable significant adverse impacts,and to determine whetherthe project related significant impacts can be acceptably overridden bythe project benefits when the two are compared and balanced. As outlined in Section F in the Statement of Facts and Findings, the proposed project is forecast to contribute to unavoidable significant adverse environmental impacts in two environmental categories: Air Quality and Water. The City hereby finds that the previously stated benefits of the proposed project, as defined in the proposed action and as will be authorized by the City of Palm Springs through approval of the Section 14 EIS/EIR, outweigh the unavoidable significant adverse environmental effect resulting from the short-term construction-related impacts, and longer-term impacts of increased carbon monoxide levels, and water impacts. In an area of the City that is currently under served with retail commercial stores and undeveloped lots have reduced the economic and functionality of the immediate area, the City concludes that the benefits outlined above, that accrue to the community from the implementation of the Specific Plan, outweigh the impacts to air quality and water. Further, the City finds that implementing the Section 14 Master Plan will fulfill many of the City's General Plan objectives. The additional revenues that will accrue to the City will benefit the whole 2 Resolution 20867 Page 52 Section 14 Specific Plan- CaseNo.5.0728 City of Palm Springs Project Benefits and Statement of Overriding Considerations City through general fund expenditures for police service, fire service and other City service functions. The City concludes that these benefits provide additional value from the project that justify allowing the Specific Plan to be approved and that outweigh the impacts to air quality and water. The City finds the proposed project to be consistent with the goals and objectives of the Air Quality Management Plan (AQMP) in that it should improve the sub-regional jobs/housing balance. This could reduce the length of work trips and the number of regional vehicles miles traveled. Although project related short-term emissions of NOx and PM 10 may be considered a significant adverse impact by the South Coast Air Quality Management District, (SCAQMD)because they are projected to exceed significance threshold criteria, it is important to bear in mind that improving the balance between employment opportunities and local housing supply lowers long-term emissions by producing shorter commutes as more efficient travel patterns reduce congestion.Consequently,the proposed project would appear to be consistent with the population growth projections that form the basis of the AQMP. The Section 14 Specific Plan incorporates facilities that encourage the use of alternative transportation modes, which will reduce the number of automobile trips generated by future development within Section 14. As a result,the proposed action would achieve the air qualitygoals set forth in the AQMP. The Desert Water Agency provides water to Section 14 and much of the Palm Springs area from groundwater. At this time, water demands from the DWA service area are greater than the groundwater recharge and a groundwater overdraft situation exists. The DWA has assured the Tribe that adequate water supplies would be available for development of Section 14. However,the ' combine effect of the proposed action(any of the four alternatives)and other development projects in the DWA's service area would result in an increase in the amount of groundwater consumption, and a corresponding aggravation of the overdraft situation. This is considered a significant and unavoidable cumulative effect. Partial mitigation is possible through the incorporation of water conservation measures into individual development projects, and the continuation of DWA's groundwater recharge efforts. The impact cannot be mitigated to a less than significant level, and remains a significant cumulative effect of development with the Section 14 area. The Desert Water Agency owns and operates the water distribution network that provides water to Section 14 and much of the Palm Springs vicinity. Rights-of-way for this pipeline network area permitted through the Bureau of Indian Affairs under a Blanket Right-of-Way that expires in 2005. The expiration of the right-of-way could prevent DWA from providing water to its service area, including Section 14, unless an agreement is reached between the Tribe and DWA. This is a pre- existing problem that occurs throughout the DWA service area and is not a result of cumulative or individual development projects within Section 14. However, it could affect long-term water supply to the section, and would be an impact for all of the four alternatives. Mitigation, in the form of an agreement between the Tribe and DWA allowing continued use of the right-of-way must be assured to guarantee water supply to Section 14. The City finds that the project's benefits are substantial as outlined in Section I of the Statement of Overriding Considerations and summarized above and that these benefits justify overriding the unavoidable significant adverse impact associated with the proposed project. This finding is supported by the fact that many of the benefits listed above result in the project fulfilling an important role for the City by implementing specific goals and objectives as outlined above. The City further finds that the benefits outlined above, when balanced against the unavoidable significant adverse 3 Resolution 20867 Page 53 Section 14 Specific Plan- CaseNo.5.0728 City of Palm Springs Project Benefits and Statement of Overriding Considerations ' environmental impact, outweigh the impact because of the social,economic and other values,which accrue to the City as outlined in Section I of the Statement of Overriding Considerations. As the CEQA Lead Agency for the proposed action, the City has independently reviewed the proposed project EIS/EIR and Sections A and B of the Statement of Facts and Findings, and fully understands the scope of proposed project, including the impacts to air quality. Further, the City finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce these impacts have been identified in the EIS/EIR, public comment, and public testimony. These impacts and mitigation measures are discussed in Sections D, E and F of the Statement of Facts and Findings and the City concurs with the facts and findings contained in those sections. The City so finds that a reasonable range of alternatives was considered in the EIS/EIR and this document (Section G of Statement of Facts and Findings) and that no reasonable or feasible alternatives,which could substantially lessen project impacts have been identified and are available for adoption. The City has carefully considered and balanced these substantial social, economic and other benefits against the unavoidable significant adverse effect of the proposed project. Given the substantial social, economic and other benefits that will accrue to the City from authorizing implementation of the proposed project, the City hereby finds that the benefits identified herein outweigh the unavoidable significant adverse impact, and hereby override the unavoidable environmental effects to obtain the social, economic and other benefits listed in Section I of the Statement of Overriding Considerations. 4