HomeMy WebLinkAbout20902 - RESOLUTIONS - 4/14/2004 RESOLUTION NO. 20902
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CERTIFING THE FINAL ENVIRONMENTAL
IMPACT REPORT AS COMPLETE, ADOPTING THE STATEMENT
OF FACTS & FINDINGS, AND ADOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTION OF A
MITIGATION MONITORING PROGRAM, FOR TENTATIVE
PARCEL MAP 30745, AND CASE NO. 5.0957-CUP,
DESTINATION RAMON, LLC., AN APPLICATION BY ROTHBART
DEVELOPMENT, LOCATED AT 5601 RAMON ROAD EAST, APN
#680-170-025, ET. SEQ., ZONE M-1, SECTION 20.
--------------------------------
WHEREAS, the Rothbart Development (the "Applicant") has filed an application with the City
pursuant to Section 9.60 of the Municipal Code, for Tentative Parcel Map 30745; and
WHEREAS, the proposed Tentative Parcel Map is considered a "project" pursuant to the terms
of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (Final
EIR) has been prepared for this Project, and the Draft EIR has been distributed for public review
' and comment in accordance with CEQA. The Final EIR includes the Draft EIR, comments and
responses to the Draft EIR, Technical Appendix (including Destination Ramon Air Quality and
Noise Study, Phase I Environmental Site Assessment, Geotechnical Engineering Investigation,
Hydrology Study, Destination Ramon Traffic Impact Study, Historical/Archeological Resources
Survey Report, Biological Assessment and Impact Analysis) Notice of Preparation and
comments, agency correspondence and other miscellaneous correspondence; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs
to consider the applicant's applications for the project was given in accordance with applicable
law; and
WHEREAS, on March 24, 2004, public hearings on the Final EIR and project, respectively, for
the project were held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission 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, and all environmental data including the initial study, the Final EIR, and all written and
oral testimony presented; and
WHEREAS, at the conclusion of its public hearing on March 24, 2004, the Planning Commission
recommended that the City Council certify the Final EIR as complete, and approve Tentative
Parcel Map 30745, and that the City Council adopt the mitigation monitoring program relating to
Tentative Parcel Map 30745; and
' WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
the applicant's applications for the project was given in accordance with applicable law; and
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WHEREAS, on April 14, 2004, public hearings on the Final EIR and project, respectively, for the
project were held by the City Council in accordance with applicable law; and
WHEREAS, the City Council Commission 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, and all environmental data including the initial study, the Final Environmental Impact
Report, and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section1:
The City Council finds that the Final EIR has been prepared and completed in
compliance with CEQA, and the State CEQA Guidelines, and the City's CEQA
Guidelines. The Final EIR has been completed in compliance with CEQA and the Final
EIR was presented to the Planning Commission and the Commission reviewed and
considered the information contained in the Final EIR prior to recommending that the
City Council approve the project. The Final EIR adequately addresses the general
environmental setting of the proposed Project, its significant environmental impacts, and
the project alternatives and mitigation measures related to each significant
environmental effect for the proposed Project. The City retained the independent
consulting firm of Applied Planning, Inc. to prepare the Final EIR for the Destination
Ramon project. The Final EIR was prepared under the supervision and direction of the
City of Palm Springs. The City Council is the final decision making body for the project.
The City Council has received and reviewed the Final EIR. The Final EIR reflects the
City's independent judgment in accordance with the Public Resources Code, Section
21082.1(c)(3) in retaining its own environmental consultant, directing the consultant in
preparation of the EIR as well as reviewing, analyzing and revising material prepared by
the consultant, The City Council has independently reviewed and considered the
information contained in the Final EIR.
Section 2:
The City Council has reviewed and analyzed information contained in the Final EIR prior
to taking action and certifies the Final EIR as complete, and in compliance with CEQA.
The Final EIR reflects the independent judgment of the City Council. The City Council
further adopts the Statement of Facts and Findings, which are attached as Exhibit A.
The City Council finds that the mitigation measures identified in the Final EIR, are
necessary and will reduce or avoid impacts identified as potentially significant and that
certain impacts, as identified in the Final EIR, impacts to air quality even with
implementation of all recommended mitigation measures impact to air quality will remain
significant. The City Council finds that the benefits of the project out weight the
significant unavoidable impacts to air quality. The City Council hereby adopts the
Statement of Overriding Considerations, which are attached as Exhibit B. The City '
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Council further approves, and adopts the Mitigation, Monitoring and Reporting Program
attached as Exhibit C.
Section 3:
By adoption of this resolution the City Council adopts the mitigation measures identified
in the Final EIR, and in Exhibit C, for Case No 5.0957-CUP and Tentative Parcel Map
30745.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby certify the Final Environmental Impact Report as complete and in
conformity with CEQA, adopts the Statement of Facts & Findings, and adopts the
Statement of Overriding Considerations (Exhibits A & B), and adopts the Mitigation,
Monitoring and Reporting Program (Exhibit C), in conjunction with approval of Tentative
Parcel Map 30745.
ADOPTED this 14th day of April 2004.
AYES: Members McCulloch, Mills, Pougnet and Mayor Oden
NOES: Member Foat
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City 6lerk City Manager i
REVIEWED &APPROVED AS TO FORM:
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EXHIBIT A '
STATEMENT OF FACTS AND FINDINGS
REGARDING ENVIRONMENTAL EFFECTS FROM APPROVAL OF
TENTATIVE PARCEL MAP 30745 AND CASE NO. 5.0957-CUP
(STATE CLEARINGHOUSE NO. 2003071074)
DESTINATION RAMON PROJECT
A. INTRODUCTION
The City of City of Palm Springs, in approving the Destination Ramon Project (Tentative Parcel
Map 30745 and Case No. 5.0957-CUP, 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 15000 et seq.).
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 imless 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 enviromnental 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 (FIR) for the Destination Ramon Project, SCH# 2003071074
(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 Tentative Parcel Map 30745 and Case No. 5.0957-CUP (Destination Ramon
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' project) on approximately 31.12 acres of property, as requested by the project proponent,
Rothbart Development. Approval of the referenced entitlements will permit Rothbart
Development to construct a new shopping center that will encompass approximately 277,000
square feet of gross floor area. These Findings have been divided into a number of sections in
order to present a comprehensive overview of the information contained in the Destination
Ramon EIR. These sections include:
(A) Section A presents an introduction to these Findings and sunnnarizes the
organization of the docrunent
(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 Destination Ramon Project.
(C) Section C presents an independent judgment finding, notes that the City retained
the independent consulting firm of Applied Planning, Inc. to prepare the EIR for the
Destination Rai-non Project and states that the EIR reflects the City's independent
judgment.
(D) Section D presents a summary of those activities and events which have preceded
the consideration of these Findings by the City, including the Patin Springs
' Planning Commission (Commission) and Palm Springs City Council (Council) as
part of the environmental review and public participation process.
(E) Section E 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
(F) Section F 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).
(G) Section G 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.
(H) Section H provides findings regarding those alternatives to the proposed project
which were examined in the Final Environmental Impact Report (EIR) for the
Destination Ramon Project, SCH# 2003071074, 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.
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(I) Exhibit I, Exhibit B, contains a summary of the benefits that will accrue to the '
City from implementation of the proposed project.
(J) Exhibit J, Exhibit B, 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.
It should be noted that Exhibit B, Sections I and J, are provided under separate cover.
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.
B. PROJECT SUMMARY
B.1 Project Location
The Destination Ramon project site is located in eastern Riverside County, in the City of Palm
Springs. Specifically, the project is located on the south side of Ramon Road, between San Luis
Rey Drive and Crossley Road. Sunny Dunes Road forms the site's southerly boundary. The
Destination Ramon project site is a currently vacant, disturbed property. Previous unrealized ,
development efforts are evidenced on the site by existing paved streets and underground utilities.
B.2 Project Description
The Environmental Impact Report prepared for the Project considered potential environmental
impacts associated with approval of the approximately 31 acre Destination Ramon Project together
with resulting development that would occur pursuant to its adoption. The Destination Ramon
Project proposes establishment of a new retail/commercial center, incorporating a 225,000
square foot major anchor tenant and associated gas station, and four smaller "outpad" uses
totaling up to 51,000 square feet, and ranging in size from 3,000 to 20,000 square feet each.
Site access, internal vehicular circulation, pedestrian access, parking, landscaping, and
supporting infrastructure will be implemented and/or reconfigured to accommodate the proposal.
A 1.19-acre Retention Basin will be located in the southeasterly portion of the project site, and
on an interim basis (pending completion of areawide storm drain improvements) would retain
project site stonn water runoff.
Before this project can be implemented, the City of Palm Springs must provide the developer of
this project with the land use entitlements needed to construct the proposed cormnercial
development and related infrastructure facilities. The following discretionary actions or
approvals will be made by the City of Palm Springs before development can proceed and
operate:
0 Certification of the Final EIR; '
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• Architectural, site plan, landscape, and signage review of the project design;
• A lot line adjustment may be required in order to create an adequate sized parcel to
accommodate the "Not-a- Part" property located in the southeast portion of the project
site;
• Approval of a tentative parcel map (TPM) to create various legal commercial lots for
lease properties;
• City Council determination of public convenience and necessity for liquor sales;
• Formal right-of-way vacation of Sky Point Drive, if not incorporated in the TPM;
• City Council findings to allow $ee-standing light standards in excess of eighteen (18)
feet; and
• A Conditional Use Permit (CUP) which addresses the following project elements:
- Drive-through operations for various out-pad uses proposed within the project site;
- An automobile service station, to include 8 gas pumps (16 fueling points) and 900 s.f.
kiosk.
In addition to the above discretionary actions, this EIR may also be used by the following agencies
for related reviews and approvals:
• Bureau of Indian Affairs (BIA) approval of assignment of existing lease covering the subject
site.
' The basic objective of the Destination Ramon project identified in the Project EIR is to develop an
integrated shopping center on a four lot commercial subdivision of a 31.12-acre parcel. Specific
objectives include:
• Create a new mix of retail/commercial uses responsive to City and regional markets;
• Provide retail/commercial uses, related to the City's primary retail commercial and
tourist-related uses, and to the service needs of the residents;
• Increase economic benefits to the City through job creation;
• Augment the City's economic base by providing a variety of tax-generating uses;
• Provide retail/commercial development compatible with the natural desert surroundings;
• Ensure that the visual image of the project is one of high quality, consistent with the
City's Scenic Corridor policies;
• Ensure development of the project site in a mamier consistent with the policies,
objectives, and requirements of the City General Plan and Zoning Code.
C. INDEPENDENT JUDGMENT FINDING
The City retained the independent consulting firm of Applied Planting, Inc. to prepare the EIR
for the Destination Ramon Project. The EIR was prepared under the supervision and direction of
the City of Palm Springs Planting Division Staff. The City Council is the final decision-making
body for the Project. City Cotmcil has received and reviewed the EIR.
' Finding: The EIR reflects the City's independent judgment. The City has exercised
independent judgment in accordance with Public Resources Code, Section 21082.1(c)(3) in
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retaining its own environmental consultant, directing the consultant in preparation of the EIR as '
well as reviewing, analyzing, and revising material prepared by the consultant.
D. 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:
• A Notice of Preparation (NOP) and Initial Study identifying the scope of
environmental issues were distributed to numerous state, federal, and local
agencies and organizations on July 10, 2003. A total of six comment letters were
received. Copies of those comment letters are included in Appendix A of the
Draft EIR (under separate cover). Relevant comments received in response to the
NOP/Initial Study were incorporated into the Draft EIR.
The Draft EIR was distributed for public review on November 24, 2003, for a 45-
day review period with the comment period expiring on January 7, 2004. Five
comment letters were received at the close of the public comment period. The
specific and general responses to comments are included in the Final EIR.
A Notice of Completion (NOC) was sent with the Draft EIR to the State ,
Clearinghouse on November 24, 2003.
The Planning Commission held a public hearing to consider the Project the Draft
EIR and staff recommendations on March 24, 2004. Notice of this Planning
Commission hearing was provided through publication on March 10, 2004.
Following public testimony, and staff recommendations, the Commission
recommended to the Council that the Draft EIR is adequate and should be
certified and that the Council adopt these Findings and Statement of Overriding
Considerations and approve the Project.
The Final EIR was distributed for a 10-day notification period beginning on
March 10, 2004.
• On April 14, 2004, this Council held a hearing and certified the Destination Ramon
Project EIR.
E. POTENTIAL ENVIRONMENTAL EFFECTS IDENTIFIED IN THE PROJECT FIR 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
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' 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 five major enviromnental issue categories
for potential significant adverse impacts. These major enviromnental issue categories, in the
order presented in the EIR. are: land use and planning, traffic and circulation, air quality, noise,
and aesthetics, light and glare. In addition to those issues considered in the EIR, the Initial Study
prepared for the proposed project which was used to narrow the focus of issues that were
considered in the EIR addressed the following issues (in the order presented in the Initial Study:
population and housing, geologic problems, water, biological resources, energy and mineral
resources, hazards, public services, utilities and service systems, cultural resources and
recreation. Project-specific and cumulative impacts were included in the evaluation of potential
enviromnental effects from implementing the proposed project.
Of these 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 FIR 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 (umnitigable) 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; it is followed by a description of
the potential significant adverse environmental affect and a short discussion of the findings and
facts in the administrative record, as defined above.
E.1 LAND USE
E.l.a Potential Effect: Conflict with General Plan Designation or Zoning?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts to land uses from conflicts with General Plan Designations or
zoning are discussed in Section 4.1 of the Draft EIR. The analysis concluded that
the project's potential to conflict with existing general plan designations or zoning
is less-than-significant. No mitigation is required.
Facts in Support of the Finding: As discussed in Section 4.1 of the Draft EIR, the project is
consistent with the site's current general plan
Business/Industrial ("IND") land use designation. Further,
the commercial/retail components of the project are
permitted under the site's current zoning designation of
Water Course, Service/ Manufacturing, Indian Land, ("W-
M-1, LL.") and the proposed self-service gasoline station
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and drive-through restaurant uses are conditionally '
permitted. As such, the project, as proposed to be
implemented, would be consistent with the site's general
plan land use designation and zoning.
E.Lb Potential Effect: Consistency with Existing Environmental Plans or Policies Adopted by
Agencies with Jurisdiction Over the Project?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts with regard to land use policies and consistency are discussed in
Section 4.1 of the Draft EIR. The analysis concluded that implementation and
occupation of the Project would not create inconsistencies with the goals and
policies of the City or other applicable land use regulations.
Facts in Support of the Finding: As discussed in Section 4.1 of the Draft FIR, land uses
implemented pursuant to the proposed project will not
substantially alter environmental characteristics when
compared to environmental effects of current land use
entitlements for the project site. Currently, the project site
is zoned for commercial use and certain infrastructure
improvements, including roadways and underground ,
utilities, have been developed in connection with a prior
attempt to develop an auto park. As such, the implemented
project would be consistent with the goals and policies of
the City's General Plan in regard to the site's land use and
zoning designations.
The project site is located on Tribal Lands of the Agua
Caliente Band of Cahuilla Indians. Agreements between
the Pahn Springs City Council and the Tribal Council are in
place to ensure that cooperatively planned development of
Tribal Lands occurs in a manner mutually benefiting the
City and the Tribe. Tribal Planning Staff has generally
supported development consistent with the City's General
Plan, and further, has indicated their support for the
proposed Destination Ramon project. As such, the project
is considered consistent with the Tribe's land use goals and
objectives.
E.l.c Potential Effect: Incompatible with Existing or Proposed Vicinity Land Uses?
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' MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to land use and planning are discussed in Section 4.1 of
the Draft EIR. Based upon the analysis contained in the Draft EIR, the Project
will not be incompatible with surrounding existing or proposed vicinity land uses.
No mitigation is required.
Facts in Support of the Finding: The proposed Project site is south of Ramon Road within
the jurisdiction of the City of Palm Springs. The Project
site is currently designated for "Business/hldustrial" uses.
Existing commercial uses (a Lowe's home improvement
center) are located to the west of the project site. Lands to
the south and east are vacant, but similarly designated for
eventual "Business/bidustrial" uses. Beyond the site's
immediate boundaries, to the north, across Ramon Road
and within the jurisdiction of Cathedral City, existing uses
consist of business, commercial/retail and multi-family
residential; however, the Cathedral City zoning designation
for these properties is "Planned Community Conunercial."
Consequently, development of the proposed Project will be
consistent with pennitted and approved as well as future
land uses in the vicinity.
E.l.d Potential Effect: Affect Agricultural Resources or Operations?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to agricultural resources are discussed in Section 4.1 of
the Draft EIR. The analysis concludes that the proposed Project will not affect
agricultural resources or operations. No mitigation is required.
Facts in Support of the Finding: The proposed Project site is currently composed of vacant,
undeveloped property. The proposed Project site has not
historically been used for agricultural operations.
Moreover, the proposed Project site is not currently
considered valuable or viable for agricultural use. Further,
land uses proposed by the Project would not affect any
existing offsite agricultural resources.
E.l.e Potential Effect: Physical Division or Disruption of an Established Community?
MANDATORY CEQA FINDINGS:
' Finding: Potential impacts relevant to established communities are discussed in Section 4.1
of the Draft EIR. Based upon the analysis in the EIR, the development of the
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proposed Project would not result in the physical disruption or division of an ,
established community. No mitigation is required.
Facts in Support of the Finding: The proposed Project site is currently vacant, and physical
improvements proposed by the project will be located
within the boundaries of the project site, or within adjacent
improved rights-of-ways. Property to the south, southeast
and east is currently vacant and undeveloped. Properties to
the west and north are developed with commercial and
multi-family residential uses. Moreover, the project does
not propose improvements that would encroach on existing
surrounding uses. As such, the project would not disrupt or
divide existing neighborhoods or established communities.
E.Lf Potential Effect: hnpact Competing Commercial Land Uses Due to Economic Effects of
Project?
Potential Significant Impact: Within the context of the community's evolving economy and
developing land uses, the proposed Project has the potential
to result in adverse land use impacts resulting from its
economic or market impacts.
Finding: Potential impacts relevant to economic market impacts are discussed in Section
4.1 of the Draft FIR and in the Market Impact Analysis for the Wal-Mart Palm
Springs Project contained in Appendix F of the Draft EIR. The analysis
concludes that the potential for physical impacts due to economic effects of the
proposed Project is less-than-significant. No mitigation is required.
Facts in Support of the Finding: Economic effects of the proposed Project will potentially
result in adverse physical effects through: (1) impacts to the
long-term market shares of existing general merchandise
stores in the trade area, (2) impacts to long-tern market
shares of existing supermarkets merchandise stores in the
trade area, or (3)blighting impacts to existing shopping
centers in the market area.
The potential demand for general merchandise sales in the
project opening year is estimated in the project's Market
Impact Analysis at approximately $88 to $90 million.
Existing general merchandise sales within the trade area is
estimated at $160 million. The estimate of existing demand, ,
approximately $208 million, exceeds existing sales by $48
million. Adjustments for regional population growth and
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the anticipated closure of other nearby WalMart stores
increases the estimate of expected demand at project
opening (late 2004) by another $40 to $42 million. Based
on the project's expected general merchandise sales of$48
million, no discernible physical impact on existing general
merchandise retailers would result from economic effects
of the proposed Project.
As presented in the Project Market Impact Analysis, the
potential demand for grocery sales in the trade area in the
Project opening year (late 2004) is approximately $477.2
million. Existing grocery sales within the trade area is
estimated at $423.3 million, leaving approximately $53.9
million residual demand for grocery sales that could be
supported within the trade area. The project's grocery
component is estimated to generate opening year grocery
sales of $24 million, or less than half of the anticipated
demand for grocery sales. On this basis, no discernible
long-term or physical impacts to existing supermarkets
would result from economic effects of the proposed
Proj ect.
' The potential demand for specialty retail sales was also
evaluated in the project Market Impact Analysis. It is
estimated that the project's 41,000 square feet of specialty
retail uses (including restaurant uses) would generate
approximately $10.2 million per year in new sales. Total
demand within the trade area for specialty retail/restaurant
sales is projected to total $59.2 million by the project's
opening in late 2004. On this basis, new specialty store
sales resulting from the proposed project would be fully
supportable within anticipated demand.
Because the proposed project is not expected to
significantly impact the market positions of existing
general merchandise, grocery, or specialty/restaurant stores
in the trade area, the proposed project will not have a
significant impact on existing shopping centers. The
Market Impact Analysis acknowledges the possibility that
the project would have competitive impacts on smaller
merchants; however, based on the existing shortfall of
general merchandise, grocery, and specialty retail sales
' within the trade area, the Analysis concludes it is unlikely
that these impacts would be substantial enough to result in
the blighting of overall shopping districts. Therefore, the
proposed Project would not result in or cause blighting
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effects at existing shopping centers, including those that
are, or have been previously, anchored by general
merchandise retail stores.
E.2 TRAFFIC AND CIRCULATION
E.2.a Potential Effect: Inadequate Access or Emergency Site Access; Safety Hazards Due To
Design Features?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to traffic and circulation are discussed in Section 4.2 of
the Draft EIR, Section 2.2 of the Final EIR, and in the Destination Ramon Project
Traffic Impact Analysis included as Appendix B to the Draft EIR. Based on
implementation of the proposed Project consistent with the Specific Plan and
proposed Site Plan, the Project will have a less-than-significant impact on site
circulation/site access. No mitigation is required.
Facts in Support of the Finding: The Project includes five access driveways: one on Ramon
Road, two on San Luis Rey Drive, and two on Crossley
Road. Driveway and access improvements required for
safe and appropriate access have been identified as part of '
the project's Traffic Impact Analysis, and will be fully
funded and constructed by the project proponent. The
Project design concept provides for adequate site access
and internal circulation. Access and circulation elements
reflected in the site plan concept will be incorporated into
the Project, and will be reviewed and approved by the City
Traffic Engineer to ensure consistency with adopted City
standards.
E.2.b Potential Effect: Inadequate Parking?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts related to traffic and circulation are discussed in Section 4.2 of
the Draft EIR, Section 2.2 of the Final EIR and in the Destination Ramon Project
Traffic Impact Analysis included as Appendix B to the Draft EIR. Based on the
implementation of the project consistent with the Site Plan concept, the proposed
project will result in less-than-significant impacts from inadequate parking. No
mitigation is required.
Facts in Support of the Finding: As indicated in the Project Site Plan concept, and consistent '
with the City's adopted development standards, parking
will be provided within the Project area consistent with
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' City Zoning Code Section 93.06.00 standards and
requirements. Location, quantity, and configuration of
commercial parking areas will be provided to the
satisfaction of the City as verified through the final Site
Plan review process. Accordingly the proposed Project
will not result in a significant impact due to inadequate
parking.
E.2.c Potential Effect: hnpact Alternative Transportation Modes?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts related to traffic and circulation are discussed in Section 4.2 of
the Draft FIR, Section 2.2 of the Final EIR and in the Destination Ramon Project
Traffic hnpact Analysis included as Appendix B to the Draft EIR. Based on the
implementation of the project consistent with the Site Plan concept, the proposed
project will provide safe and adequate access to pedestrians and bicyclists, and
will provide a bus turnout as part of project-related improvements. Impacts on
alternative modes of transportation or related policies are less-than-significant.
No mitigation is required.
' Facts in Support of the Finding: As indicated in the Project Site Plan concept, pedestrian
and bikeway facilities consistent with City requirements
will be provided as part of project implementation.
Specifically, continuation of a meandering pedestrian
walkway along the project site's Rai-non Road frontage, and
the installation of bicycle racks at appropriate locations
within the project site will be provided. Further, a bus
turnout/bus stop is planned on Ramon Road approximately
150 feet easterly of San Luis Rey Avenue. Proposed bus
facilities (e.g., benches, enclosure) will be designed and
implemented consistent with City and service provider
(Sunline Transit Agency) requirements.
E.3 NOISE
E.3.a Potential Effect: Short-Term Constriction-Related Noise Impacts?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts related to noise are discussed in Section 4.4 of the Draft EIR,
and in the Noise Impact Study included as Appendix D to the Draft EIR. Based
' on the analysis therein, and in the Noise Study prepared for the project and
included in EIR Appendix D, the proposed Project will not result in significant
short-tern construction-related noise impacts. No mitigation is required.
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Facts in Support of the Finding: Noise impacts due to construction will be regulated through ,
the City of Palm Springs Construction Site Regulations and
Noise Ordinance. Future grading and constriction
activities will cause temporary localized increases in noise
levels in the Project vicinity that may be audible at
sensitive receptors northerly of the project site; however,
constriction activities are restricted by the City of Pahn
Springs Noise Ordinance (11.74.041) to hours when noise
is less intrusive (constriction activity is permitted between
7 a.m. and 8 p.m.). Further, the City's Construction Site
Regulations limit the operation of construction equipment
(not allowed between the hours of 5 p.m. and 8 a.m.).
E.3.b Potential Effect: Long-Tenn Operational Noise Impacts?
MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to noise are discussed in Section 4.4 of the Draft EIR,
and in the Noise Impact Study included as Appendix D to the Draft EIR. Based
on the analysis therein, the proposed Project will not result in significant long-
term operational noise impacts from incremental increases in traffic noise. No
mitigation is required.
Facts in Support of the Finding: Section 4.4 of the Draft EIR and the Noise Impact Study '
included as Appendix D to the Draft EIR analyzed the
existing, projected 2004 with project, and projected 2020
with project noise levels adjacent to roadways carrying
appreciable volumes of project-related traffic. The analysis
shows that the proposed project will generate an audible
noise increase along San Luis Rey Drive adjacent to the
project site. Land uses in this area are designated for
commercial uses, so this increase in noise will not affect
any sensitive receiving land uses. The project is not
expected to generate significant noise increases along any
of the other roadway links analyzed. Operational noise is
subject to the City's existing noise ordinance standards, and
is similarly considered less-than-significant.
EA AESTHETICS, LIGHT AND GLARE
E.4.a Could the Project Degrade the Existing Visual Character or Quality of the Site and its
Surroundings?
1
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' MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to aesthetics are discussed in Section 4.5 of the Draft
EIR. Based on implementation of the project consistent with the preliminary site
plan design, the proposed Project's effects on the existing visual character of the
site are considered less-than-significant. No mitigation is required.
Facts in Support of the Finding: Within the context of nearby existing and anticipated urban
development, the overall visual qualities of the Project
vicinity will be altered as permanent retail/commercial
architecture replaces the existing vacant site. The most
visible components of the proposed development will
consist of buildings, signs and landscaping. Unless
otherwise addressed within the Destination Ramon Project,
the proposed project will comply with review and approval
procedures, development standards, and design guidelines
identified in the City Municipal Code. Compliance with
these requirements will adequately address potential visual
impacts of the Project. Also, given the context of existing
and proposed neighboring commercial uses, development
proposed by the project is considered compatible with
' vicinity land uses.
E.4.b Project Effect: Could the Project Have a Substantial Effect on Scenic Vista?
MANDATORY CEQA FINDINGS:
Finding: The proposed Project's potential impacts on scenic vistas are analyzed in Section
4.5 of the Draft EIR. Based on the analysis contained in the Draft EIR, the effect
on scenic vistas is considered less-than-significant. No mitigation is required.
Facts in Support of the Finding: The project will implement enhanced aesthetic treatment
along the project's Ramon Road frontage, based on the
City's designation of Ramon Road as a scenic corridor.
The City will review and approve the final site plan and
project design to ensure its consistency with City standards
and vicinity development. The potential for the Project to
have a substantial affect on scenic vista or substantial
damage to scenic resources is considered less-than-
significant.
EA.e Create a New Source of Substantial Light or Glare Which Would Adversely Affect Day
' or Nighttime Views in the Area?
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MANDATORY CEQA FINDINGS:
Finding: Potential impacts relevant to light and glare are discussed in Section 4.5 of the '
Draft EIR. Based on the analysis therein, the proposed Project effect in creating
substantial light or glare is considered less-than-significant. No mitigation is
required.
Facts in Support of the Finding: The Project site is currently undeveloped and, as such, is
not a source of light or glare. Existing sources of light
include vehicular light from nighttime traffic along Ramon
Road, and lighting of adjacent developed commercial
properties to the west and north of the project area.
Lighting of the Project will include street lighting, exterior
night lighting of structures, and lighting necessary for
safety and security. All Project lighting will be
implemented consistent with City lighting and development
standards, which require shielding and/or focusing of lights
to minimize overspill from the Project site.
F. POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTIFIED IN THE
PROJECT 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.
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;
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' 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 alteratives identified in the environmental impact report.
The City hereby finds, pursuant to Public Resources section 21081, that the following
issues are nonsignificant 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.
F.I. WATER RESOURCES
F.l.a Project Effect: Changes in Absorption Rates, Drainage Patterns, or Rate and Amount of
Surface Runoff; or Water-related Hazards such as Flooding?
MANDATORY CEQA FINDINGS:
' Finding: The proposed Project's potential impacts on water resources are analyzed in
Section 4 of the Initial Study and in the Conceptual Hydrology Report included as
Appendix E to the Draft EIR. Based on this analysis, the following mitigation
measures will reduce project impacts to a less-than-significant level.
Facts in Support of the Finding: The project will result in the development of 277,000
square feet of conmmercial/retail structures and associated parking areas, which
will significantly decrease the permeable area currently found within the project
site. On an interim basis, until the construction of Riverside County Flood
Control District areawide, master-planned improvements, the project will provide
a storm water retention area of 1.19 acres on-site. Further, the project is required
to convey, to City and County standards, any project-related increased in stone
water runoff so as not to adversely affect any upstream or downstream properties.
Mitigation Measure WR-1: Final design of the project retention area shall be reviewed
and approved by the City Engineer prior to the issuance of grading permits.
Mitigation Measure WR-2: Upon completion of RCFCD master planned storm drain
improvements, the project on-site retention basin may be filled and restored to the
satisfaction of the City. The filled retention area shall be landscaped and maintained to
' the satisfaction of the Director of Planning and Zoning.
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Mitigation Measure WR-3: The project proponent shall prepare a maintenance plan for
the proposed project site retention basin. This maintenance plan shall be incorporated in '
proponent-prepared Conditions, Covenants and Restrictions (CC&R's) or comparable
legal obligation acceptable to the City. These CC& R's, or equivalent, shall be reviewed
and approved by the City prior to the issuance of the first Certificate of Occupancy(CO).
Mitigation Measure WR-4: The project shall contribute to mitigation of area-wide
drainage impacts through the payment of required Drainage Acreage fees. Fees shall be
paid to the City prior to the issuance of the first building permit.
Mitigation Measure WR-5: If treated wastewater becomes available to the site by
extension of treated wastewater lines, the project should be required to connect for
irrigation purpose.
F.2 BIOLOGICAL RESOURCES
F.2.b Project Effect: Would the Project Result in Impacts to Endangered, Threatened, Rare or
Locally Designated Species?
MANDATORY CEQA FINDINGS:
Finding: The proposed Project's potential impacts on biological resources are analyzed in ,
Section 7 of the Project Initial Study, and further discussed in Section 1.4.1 of the
Draft EIR. Based on this analysis, the payment of established development fees
prior to the issuance of grading permits, as specified in the following mitigation
measures, will reduce project impacts to a less-than-significant level.
Facts in Support of the Finding: The project site is vacant and heavily disturbed, due to
previous development attempts and its location adjacent to
a major roadway (Ramon Road) and existing development
to the north and west. A biological survey dated February
11, 2002, was prepared by James W. Cornett, Ecological
Consultants. This study found that the project site and
vicinity properties are devoid of any sensitive, rare or
endangered species of plants, or potentially endangered,
threatened, or rare animal species or their habitats.
Although not found on-site, the potential exists for the
Coachella Milk Vetch, a federally listed endangered plant
species, to be located on the project site. These conclusions
were confirmed in a subsequent site visit and biological
survey performed by Harmsworth and Associates. Because
the project is located on Tribal lands, the project is required
to comply with the requirements of the Final Draft Habitat '
Conservation Plan (HCP) for the Agua Caliente Indian
Reservation, Palm Springs, CA dated November 12, 2002.
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' The HCP provides for multiple species mitigation for the
Coachella Milk Vetch. The project site is also located
within the Coachella Valley Fringe-Toed Lizard Habitat
Conservation Plan fee area. Development fees have been
established for each of these habitat conservation areas, and
payment of fees is the established method of mitigation.
Mitigation Measure BR-1: The developer shall pay fees of$800.00 per acre, as required
by the Habitat Conservation Plan for the Aqua Caliente Indian Reservation.
Mitigation Measure BR-2: The project proponent shall remit fees at the established rate
of $600.00 per acre of disturbance for impacts to the Coachella Valley Fringe-Toed
Lizard Habitat.
F.3 CULTURAL RESOURCES
F.3.1 Project Effect: Would the Proposal Disturb Archaeological, Paleontological, or
Historical Resources?
MANDATORY CEQA FINDINGS:
' Finding: The proposed Project's potential impacts on cultural resources are analyzed in
Section 14 of the Project Initial Study. Based on this analysis, the use of qualified
monitors during project construction, as specified in the following mitigation
measures, will reduce project impacts to a less-than-significant level.
Facts in Support of the Finding: The project site is located on Tribal Lands of the Agua
Caliente Band of Cahuilla Indians and therefore may
contain historical and archaeological artifacts. A
Historical/Archaeological Resources Survey Report, dated
February 21, 2002, was prepared by CRM TECH.
Research undertaken as part of this study included a
cultural resource records review conducted through the
Eastern hiformation Center at the University of California,
Riverside, historical background research, and a walkover
field survey of the project site. The Cultural Resources
Survey found no evidence of historic or archaeological
resources within or adjacent to the project area. However,
cultural resources in a buried setting could be unearthed
during project-related construction activities.
Mitigation Measure CR-1: A Native American Monitor shall be present during all
trenching and excavation activities. Should buried deposits be encountered, the Monitor
shall have the authority to halt destructive construction, and shall notify a qualified
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archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to '
the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians.
Mitigation Measure CR-2: hi accordance with Public Resources Code 5097.94, if
human remains are found, the Riverside County Coroner must be notified within 24 hours
of the discovery. If the coroner determines that the remains are not recent, the coroner
shall notify the Native American Heritage Commission in Sacramento to determine the
most likely descendent for the area. The designated Native American representative then
determines in consultation with the property owner the disposition of the htunan remains.
Mitigation Measure CR-3: One copy of any cultural resource documentation generated
in connection with this project, including report of investigations, records search results,
and site records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department.
FA TRAFFIC AND CIRCULATION
F.4.a Potential Effect: Substantial Increase in Vehicle Trips and Traffic Congestion?
MANDATORY CEQA FINDINGS:
Finding: The proposed Project's potential impacts on area roadways are analyzed in ,
Section 4.2 of the Draft EIR, Section 2.2 of the Final EIR and in the Destination
Ramon Project Traffic Impact Study attached as Appendix B to the Draft EIR.
The EIR analysis concluded that, with project-sponsored improvements, opening
year (2004) project traffic would not result in adverse impacts. However, for future
year 2020 conditions, project-related traffic will exceed adopted standards for
performance at eleven study area intersections. The following measure will
mitigate this impact to below a level of significance.
Facts in Support of the Finding: The Draft EIR determined that development of the
proposed Project would contribute to increased traffic
volumes on roadways in the Project vicinity. Construction
of the required opening year improvements as indicated in
Table 4.2.10 of the EIR will avoid or substantially lessen
the potentially significant environmental effects from
increased project-related vehicular trips to less-than-
significant levels for the project opening year (2004)
scenario. In addition, the City of Palm Springs participates
in the Transportation Uniform Mitigation Fee (TUMF)
program. TUMF is designed to provide funding for the
completion of identified improvements to regionally
beneficial roadways. Ramon Road is identified as a ,
regionally significant roadway. The project applicant will
pay fees pursuant to the TUMF ordinance. These fees will
be designated for use in construction of identified regional
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' improvements. All improvements identified as necessary
to maintain an acceptable level of service along the study
roadways and at study intersections within the Ramon Road
right-of-way will be completed with TUMF funds. The
project proponent shall be required to pay fair share fees for
other improvements necessary to maintain acceptable levels
of service in Year 2020 which are not covered by the
Ti_MF program. Payment of TUMF fees and fair share
contributions will mitigate Year 2020 cumulative traffic
impacts to less-than-significant levels.
• Mitigation Measure 4.2.1: The project proponent shall install
improvements and pay fair share fees toward construction of
improvements as identified in Table 4.2.10.
Table 4.2.10 is presented below for ease of reference.
Table 4.2.10
Project-Related Traffic hnprovements
REQUIRED OPENING-YEAR IMPROVEMENTS
(#)—Intersection/Location and hnprovements per FIR Figure 4.2-3
(Improvements to be implemented by the project prior to the issuance of the first Certificate of
' Occupancy.)
Location/hnprovements
Ramon Road at Site Access(20)
The project proponent will implement the Ramon Road median at the central project entrance in a
manner ensuring appropriate left-tam storage for westbound project-related traffic. Design and
implementation of proposed median is the responsibility of the project, and will be coordinated
with/through the City.
North Site Access at San Luis Rey Drive (21)
-construct project westbound right-turn lane
-construct project westbound through/left-turn lane
-install STOP sign to control exiting traffic
South Site Access at San Luis Rey Drive (22)
-construct project westbound right-turn lane
-construct project westbound left-turn lane
-stripe southbound left-turn lane (or continuous two-way left-tam median lane on San Luis Rey
Drive)
-install STOP sign to control exiting traffic
North Site Access at Crossley Road(23)
-construct project eastbound right-turn lane
-construct project eastbound left-tam lane
-install STOP sign to control exiting traffic
South Site Access at Crossley Road (24)
-construct project eastbound right-turn lane
' -construct project eastbound left-turn lane
-install STOP sign to control exiting traffic
-provide a smooth transition for the entering traffic lane past the refueling station
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Table 4.210 '
Project-Related Traffic Improvements
Crossley Road Striping Adjacent to Project Site-
Provide continuous two-way left-turn lane configuration within the adjacent Crossley Road right-
of-way.
IMPROVEMENTS REQUIRED TO MAINTAIN ACCEPTABLE YEAR 2020 LEVELS OF
SERVICE
(#) Intersection/Location per Draft EIR Figure 4.2-4.
(Project will contribute fair share fees toward construction of improvements.)
Vista Chino 'at Gene Autry Trail'(1) Project Share of Traffic
-add a northbound left-turn lane Increase =6.47%
-add a westbound through lane
-add an eastbound through lane
Ramon Road b at Sunrise Way(2) Project Share of Traffic
-add a westbound left-turn lane Increase =4.32%
-add an eastbound left-turn lane
Ramon Road b at Farrell Drive (3) Project Share of Traffic
-add a southbound left-turn lane Increase =6.53%
Ramon Road b at San Luis Rey Drive (8) Project Share of Traffic
- add a southbound left-turn lane (in conjunction with Increase =20.34%
north-south left-turn signal phasing)
-add a northbound left-turn lane
Ramon Road b at Crossley Road(9) Project Share of Traffic
-add a northbound right-turn lane' Increase = 10.09%
- restripe northbound left and through/left lane and add
signal phasing
-add a westbound through lane
-add an eastbound through lane
Ramon Road b at Landau Boulevard (10) Project Share of Traffic
-add a westbound through lane Increase = 10.17%
-add an eastbound through lane
Ramon Road b at Cathedral Canyon Drive (11) Project Share of Traffic
-add a westbound left-tarn lane Increase =9.59%
-add an eastbound left-turn lane
-add an eastbound right-turn lane
Sunny Dunes Road at Crossley Road°(13) Project Share of Traffic
- signalize intersection Increase = 11.87%
-add a northbound left-turn lane
-add a southbound left-turn lane
-add an eastbound left-tun lane
Mesquite Avenue at San Luis Rey Drive (15) Project Share of Traffic
-signalize Intersection Increase = 18.37%
-restripe Lanes
Mesquite Avenue b at Crossley Road(16) Project Share of Traffic
-add a northbound through/right-turn lane Increase = 14.15%
-add a southbound left-turn lane ,
-add a southbound through/right-turn lane
Southerly Project Driveway(')at Crossley Road(24) Project Share of Traffic
- signalize intersection Increase=27.44%
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Table 4.2.10
Project-Related Traffic Improvements
restripe lanes
Notes:
a. One leg of this roadway is a CMP facility;
b. Both legs of this roadway are CMP facilities;
c. This improvement is needed in conjunction with site development, and is not on a CMP
roadway,nor is it covered by TUMF fees;
d. Intersection modifications proposed by the MidValley Center Project.
e.Restriping Crossley Road as a 5-lane roadway adjacent to the project site is included in project-
sponsored improvements, and will be completed prior to project opening. Signalization will be
required under future(2020)traffic conditions. The project will contribute fair-share fees toward
this future signalization.
F.5 AIR QUALITY
F.5.a Potential Effect: Short-Term Construction-Related Emissions
MANDATORY CEQA FINDINGS:
Finding: Air quality issues are discussed in detail in Section 4.3 of the Draft EIR, and in
the Air Quality Analysis included as Appendix C to the Draft EIR. The Draft EIR
indicates that implementation of the mitigation measures stated below will reduce
the criteria polluting emissions for NOx generated as a part of the construction
phase of the proposed Project to a less-than-significant level.
Facts In Support of Findings: Short-term impacts on air quality will occur during the
construction activities required to implement the proposed
project. These adverse impacts include: exhaust emissions
from construction equipment used as well as the vehicles
used to transport the off-highway construction equipment,
exhaust emissions from passenger vehicles of construction
workers, and exhaust emissions from heavy vehicles used
to transport building materials to the site. As reflected in
the analysis in the EIR, "worst case" construction-related
emissions are not estimated to exceed SCAQMD thresholds
for any criteria pollutant. With implementation of the
following mitigation measures, construction-related air
quality emissions will be further reduced to the extent
feasible.
Mitigation Measure 4.3.1 Grading of the project site shall be limited to a
maximum of 8 acres per day.
' Mitigation Measure 4.3.2 Adequate watering teelmiques shall be
employed to partially mitigate the impacts of construction-related dust
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particulates. Portions of the project site that are undergoing 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, as part of the
construction specifications.
Mitigation Measure 4.3.3 As part of the construction specifications, any
vegetative groundeover 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.
Mitigation Measure 4.3.4 Cut and fill quantities shall be balanced on-site.
Mitigation Measure 4.3.5 The project proponents shall comply with all
provisions of the Palm Springs Municipal Code including the Construction
Site Regulations and the Fugitive Dust and Erosion Control Ordinance. The
proposed project shall comply with the provisions of Chapter 8.50 of the
Pahn Springs Municipal Code which establishes minimum requirements for
construction activities to reduce fugitive dust and PM10 emissions. A plan
to control fugitive dust through implementation of reasonably available dust
control measures shall be prepared and submitted to the City of Palm Springs
for approval,prior to the issuance of any grading permits associated with the
project.
Mitigation Measure 4.3.6 The project proponent shall comply with all
applicable SCAQMD rules and regulations including Rule 403, insuring the
clean up of constriction-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.
Mitigation Measure 4.3.7 Any construction access roads (other than
temporary access roads) shall be paved as soon as possible and cleaned after
each workday. The maximum vehicle speed limit on unpaved roads shall be
15 miles per hour.
Mitigation Measure 4.3.8 Grading operations shall be suspended during first
and second stage ozone episodes and when winds exceed 25 miles per hour,
per the PM10 SIP.
Mitigation Measure 4.3.9 Construction equipment shall be properly
maintained and serviced to minimize exhaust emissions.
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' G, SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL EFFECTS IDENTIFIED IN
THE PROJECT EIR THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL
WHICH IS NOT SIGNIFICANT
The City finds that despite the incorporation of mitigation measures into the proposed project,
approving the implementation of the Destination Ramon project will possibly allow adverse
enviromnental impacts to remain unavoidably significant because these impacts cannot be
mitigated to a nonsignificant level. These unavoidable significant adverse enviromnental
impacts are related to air quality. These impacts and the measures identified to minimize them to
the extent feasible are summarized below.
The potentially significant air quality impacts were determined 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 (under separate
cover) in which specific economic, legal, social, technological or other considerations make
infeasible the reduction of project impacts to a nonsignificant level.
G.1 AIR QUALITY
' G.I.a Significant Unavoidable Impact: Long-Tenn Operational hrnpacts, Stationary and Mobile
Sources
MANDATORY CEQA FINDINGS:
Finding: Air quality issues are discussed in detail in Section 4.3 of the Draft EIR, and in
the Air Quality Analysis included as Appendix C to the Draft EIR. The Draft EIR
indicates that implementation of the mitigation measure stated below would not
reduce the criteria pollutant emissions for CO, ROC, or NO, associated with the
operation of the proposed Project to a less-than-significant level under current
standards. Despite implementation of the stated mitigation measure, significant
and unavoidable impacts remain. This impact is overridden by the Project
benefits as set forth in the Statement of Overriding Considerations.
Facts In Support of Findings: The primary generators of long-tern operational emissions
include vehicles, heating, ventilation, and air conditioning
systems, and consumer products. As stated in the Draft
EIR, SCAQMD thresholds are exceeded relative to
emissions for criteria pollutants CO, ROC and NO..
Despite implementation of the following mitigation
' measure, a significant and imavoidable air quality impact
remains. No other feasible mitigation or technology exists
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that would further substantially minimize, or eliminate '
these impacts.
Mitigation Measure 4.3.10 To aid in the reduction of operational
emissions, the project shall comply with all applicable emissions-reducing
policies and regulations as outlined in EIR Section 4.3.3. These
regulations and policies include, but are not limited to: regulatory
requirements of the Federal Clean Air Act, statutes established under the
California Clean Air Act, Air Quality Management Plan policies,
SCAQMD rules, policies of the City of Palm Springs General Plan, and
requirements of the City of Palm Springs Municipal Code.
Mitigation Measure 4.3.11 Prior to the issuance of building permits, the
project proponent shall prepare and submit to the SCAQMD an
application for a Pen-nit to Construct and Permit to Operate the gasoline
refueling station proposed on site pursuant to Rules 201, 203, 212 and
1401. Specifically, this new stationary source of benzene emissions shall
install Best Available Control Technology for Toxics (T-BACT), and
operate within the conditions specified by the SCAQMD. Copies of
SCAQMD approval documentation and any conditions of approval shall
be submitted to the City prior to the issuance of building permits. The
project gasoline refueling station shall operate in compliance with
SCAQMD requirements and regulations for the life of the project. '
Mitigation Measure 4.3.12 Building constriction shall comply with the
energy use guidelines in Title 24 of the California Administrative Code.
Mitigation Measure 4.3.13 The use of energy efficient street lighting and
parking lot lighting (low pressure sodium vapor lights) shall be considered
on-site to reduce emissions at the power plant serving the site.
Mitigation Measure 4.3.14 Consistent with the site plan concept, the project
shall provide pedestrian walkways, thereby encouraging walking as a mode
of transportation between related facilities on-site, and to adjacent uses.
Additionally, the project shall provide for and/or participate in construction
of bike/paths trails consistent with adopted City and regional plans.
G.l.b Significant Unavoidable Impact: Cumulative Air Quality Impacts
MANDATORY CEQA FINDINGS:
Finding: Cumulative impacts to air quality issues are discussed in Section 4.3 of the Draft
EIR, and in the Air Quality Analysis included as Appendix C to the Draft EIR. ,
New development on the project site, combined with other anticipated future
development in the region, will contribute to a cumulative annual increase in
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' regional CO, ROC, and NO, air pollution emissions. Emissions will be produced
by daily traffic for future light industrial or commercial uses, which are expected
to be located in the immediate vicinity of the Project. Emissions will also result
from anticipated development in the surrounding region. As the Project's
emissions impacts are considered significant and unavoidable in and of
themselves, cumulative increases in air pollution emissions resulting from the
Project are also considered significant and unavoidable. These impacts are
overridden by Project benefits as set forth in the Statement of Overriding
Considerations.
Facts In Support of Findings: As discussed in Section 4.3.6 of the Draft EIR, the operational
emissions for the project for CO, ROC, and NO, would
exceed the daily thresholds established by the SCAQMD.
Continued operations of the project will lead to local and
regional air quality degradation which is significant and
unavoidable.
The project will employ all feasible mitigation measures, and
will comply with all applicable Federal, State, SCAQMD, and
City rules and regulations addressing air quality and air
pollutant emissions. No other feasible mitigation or
technology is known to exist that would substantially
' minimize, or eliminate these impacts.
H. PROJECT ALTERNATIVES
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 4 of this document. The
fundamental objectives are: to create a new mix of retail/commercial uses responsive to City and
regional markets; to increase economic benefits to the City through job creation; and to augment
the City's tax base by providing a variety of tax-generating uses. 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 Destination Ramon project considered four alternatives
to the proposed action. These included a "No Project" alternative, a"Big-Box Only" alternative,
a "Reduced Retail/Cornnercial Intensity" alternative, and a "Light hidustrial Reduced Intensity
Alternative." These alternatives were defined based on mandatory requirements and alternatives
designed to reduce the identified significant impacts of the project. Based on the project
objectives referenced above, none of these alternatives was considered to be technically feasible
' and they were rejected from further consideration based on failure to meet the fundamental
project objectives.
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The propose in analyzing alternatives to a proposed project is to determine it 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.
H.1 No Project Alternative
Under the No Project Alternative, the Project site would likely be developed consistent with
permitted or conditionally permitted uses under the site's current M-1, or "Service
Manufacturing" zoning designation, and in a manner consistent with the objectives and policies
identified for the site's current General Plan "Business/Industrial" land use designation. For
purposes of comparison with other alternatives, the 31-acre project site was assruned to be
developed with light industrial uses over approximately 60 percent of the site, or 814,000 square
feet of light industrial uses.
Finding: The No Project Alternative was rejected as an alternative to the Project because it
does not achieve the stated objectives of the Project, to (1) provide
retail/commercial uses responsive to City and regional market forces that will
serve the primary retail commercial needs of area residents; and (2) augment the
City's economic base by providing tax-generating uses.
H.2 "Big-Box Only"Alternative '
This alternative assumes development of the project site with the currently proposed 225,000
square foot Major-1 use only. This would allow for development of the project's primary and
focal commercial tenant, and would represent an approximate reduction in development intensity
of 52,000 square feet, or 19 percent. This reduction in development would incrementally reduce
Project-generated traffic and related vehicle emissions and vehicular noise. It is assumed that
traffic impacts could be successfully mitigated as with the proposed project; however, air quality
impacts under this alternative would likely still exceed applicable SCAQMD thresholds, and
would therefore be considered significant.
Finding: The "Big-Box Only" Alternative was rejected as an alternative to the Project
because it would curtail full attainment of the project's commercial objectives in
that this alternative would provide for limited additional retail/commercial
services available to City residents. Additionally, limited commercial
development of the project site resulting from the "Big-Box Only" Alternative
would diminish or eliminate additional employment venues and tax-generating
potentials. Moreover, it is recognized that elimination of uses under the"Big-Box
Only"Alternative would be economically untenable for the Project proponent.
H.3 Retail/Commercial Reduced Intensity Alternative
The Reduced Commercial Intensity Alternative assumes a development scenario wherein the '
commercial building is reduced in scale sufficient to reduce air emissions to less-than-significant
levels. With the proposed project, due primarily to project-generated traffic, operational
emissions are estimated to exceed SCAQMD daily CO, ROX, and NO, thresholds by
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approximately two-and-one half times significance levels. Accordingly, the Retail/Commercial
Reduced hitensity Alternative reduces development by two-thirds, equating to development of
approximately 92,300 square feet of retail/commercial uses on the site. This reduction in
development would likely reduce project-generated traffic and related vehicle emissions and
vehicular noise to less-than-significant levels.
Finding: The Retail/Commorcial Reduced Commercial Intensity Alternative was rejected
as an alternative to the Project because it would curtail full attaimnent of the
project's commercial objectives in that this alternative would provide for limited
additional retail/commercial services available to City residents. Additionally,
limited connnercial development of the project site resulting from the Reduced
Commercial Intensity Alternative would diminish or eliminate additional
employment venues and tax-generating potentials. Moreover, it is recognized that
elimination of uses under the Reduced Commercial Intensity Alternative would be
economically untenable for the Project proponent.
HA Light Industrial Reduced hitensity Alternative
This reduced intensity alternative assumes reduction of the maximum 814,000 square feet of
light industrial uses that might be implemented under the No Project alternative. If developed
with 814,000 square feet of light industrial uses, the project could generate approximately 6,400
new trips on vicinity roadways. In order to achieve SCAQMD thresholds, it is estimated that
these trips would need to be reduced by approximately one-half. Accordingly, the Light
' Industrial Reduced Intensity alternative assumes a development scenario that would allow
approximately 407,000 square feet of light industrial development.
Finding: The Light Industrial Reduced Intensity Alternative was rejected as an alternative
to the Project because it does not achieve the stated objectives of the Project, to
(1) provide retail/commercial uses responsive to City and regional market forces
that will serve the primary retail commercial needs of area residents; and (2)
augment the City's economic base by providing tax-generating uses.
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EXHIBIT B
PROJECT BENEFITS AND ,
STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING ENVIRONMENTAL EFFECTS FROM APPROVAL OF
TENTATIVE PARCEL MAP 30745 AND CASE NO. 5.0957-CUP
(STATE CLEARINGHOUSE NO. 2003071074)
DESTINATION RAMON PROJECT
I. PROJECT BENEFITS
Benefits from the approval of the Destination Ramon Project will be derived from the
establishment of a productive commercial/retail use for existing and future City and vicinity
residents. The project benefits outlined below were considered by the City in performing the
balancing test with those unavoidable significant adverse environmental impacts presented in
Exhibit A, Statement of Facts and Findings.
1. Benefits of Implementing the Proposed Project:
a) Creation of a productive commercial/retail use, capitalizing on the project
site's access and approximate location to major regional roadways including
Ramon Road and Gene Autry Trail. ,
b) The Project will allow for productive use of currently vacant land within the
City with a commercial/retail use to provide services to residents of the City
and surrounding community.
c) The development of additional high quality commercial/retail uses will
provide for increased economic benefits to the City of Pahn Springs to
increase sales taxes and additional employment opportunities. As described in
the Market Impact Analysis for the Wal-Mart Palm Springs Project, prepared
by The Natelson Company and attached as Appendix F to the Draft EIR,
development of the proposed Project will lead to the creation of
approximately 442 full-time-equivalent jobs, and generate an estimated $0.64
million in annual sales tax revenue.
d) The development of the Project will provide needed Commercial/Retail
shopping in the area underserved by such business.
J. OVERRIDING CONSIDERATIONS
The City Council of the City of Palm Springs adopts this Statement of Overriding Considerations
with respect to the significant unavoidable impacts identified in the EIR, specifically (1) air
quality related to (a) increased local and regional air pollution emissions from construction of the
proposed Project, (b) increased local and regional air pollutant emissions from the project and
related traffic, and(c) contribution to local and regional cumulative air quality impacts.
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' This section of findings specifically addresses the requirements of Section 11093 of the CEQA
Guidelines, which require the lead agency to balance the benefits of a proposed project against
its unavoidable significant impacts and to determine whether the impacts are acceptably
overridden by the project benefits. The Council finds that the previously stated major project
benefits see Section I above, of the Destination Ramon Project, outweigh the unavoidable
significant adverse environmental impacts noted above. Each of the separate benefits of the
proposed development to be governed by the planned development cited in Section I above is
hereby determined to be, in itself and independent of the other Project benefits, a basis for
overriding all unavoidable environmental impacts identified in the EIR and in these findings.
The Council's findings set forth in the preceding sections have identified all of the adverse
environmental impacts and the feasible mitigation measures which can reduce impacts to less-
than-significant levels where feasible, or to the lowest feasible levels where significant impacts
remain. The findings have also analyzed four alternatives to determine whether there are
reasonable or feasible alternatives to the proposed action or whether they might reduce or
eliminate the significant adverse impacts of the proposed Project. The EIR presents evidence
that implementing the development pursuant to the Destination Ramon Project will cause
significant adverse impacts, which cannot be substantially mitigated to non-significant levels.
These significant impacts have been outlined above and the Council makes the following
finding:
Finding: Having considered the unavoidable adverse impacts of the Destination Ramon
' Project to construct the planned development, the Council hereby determines that
all feasible mitigation has been adopted to reduce or avoid the potentially
significant impacts identified in the EIR, and that no additional feasible mitigation
is available to further reduce significant impacts. Further, the Council finds that
economic, social, and other considerations of the Destination Ramon Project
outweigh the unavoidable adverse impacts described above. The reasons for
accepting these remaining unnitigated impacts are described below. In making
this finding, the Council has balanced the benefits of the proposed Project against
its unavoidable environmental impacts and has indicated its willingness to accept
those risks.
Furthermore, the Council has considered the alternatives to the Project, and makes the following
finding:
Finding: Feasible alternatives to the proposed Project which are capable of reducing
identified impacts have been considered and rejected because the alternatives
offer a reduced level of benefit when compared to the Project.
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The Cormcil further finds that the Project's benefits are substantial and override each '
unavoidable impact of the Project, as follows:
1) Findings Regarding Air Quality Impacts
A. Long-Tenn Operational Impacts.
Long-term, stationary and mobile source emissions will exceed the
SCQAMD thresholds for CO, ROC, and NOx despite the imposition of
mitigation measures and implementation of best available control
technology. The primary generators of long-term operational emissions
include vehicles, heating, ventilation, air conditioning equipment, and
consumer products. As stated in the Draft EIR, SCAQMD thresholds are
exceeded relative to emissions for criteria pollutants CO, ROC and NO..
However, benefits obtained from developing much needed
Commercial/Retail uses necessary to meet the demands of a growing
population within the City, are sufficient to justify approval of the Project.
These impacts are overridden by Project benefits described in Section H of
this document.
B. Cumulative Impacts.
As a source of stationary and vehicle emissions, on a long-term basis the ,
Project and other projects in the region will cumulatively contribute
increased levels of criteria pollutants. Despite implementation of
mitigation measures and best available control technology, these impacts
cannot be mitigated to a less-than-significant level. This impact is
overridden by the Project benefits described in Section I of this document.
As the CEQA Lead Agency for the proposed action, the City of Palm Springs has
reviewed the Project description and the EIR and frilly understands the Project
proposed for development in accordance with the Destination Ramon Project.
Further, the Council finds that all potential adverse environmental impacts and all
feasible mitigation measures to reduce these impacts have been identified in the
Draft EIR, the Final EIR and public testimony. These impacts and mitigation
measures are discussed in Sections F and G, above. The Council also finds that a
reasonable range of alternatives was considered in the EIR and this document,
Section H above, and that no feasible alternatives which substantially lessen
Project impacts are available for adoption.
The Council has identified economic and social benefits and important public
policy objectives, Section I above, which will result from implementing the '
proposed Project. The Council has balanced these substantial social and
economic benefits against the unavoidable significant adverse effects of the
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' proposed Project. Given the substantial social and economic benefits that will
accrue to the City of Palm Springs, and the region, from development proposed
by the Destination Ramon Project, the Council finds that the benefits identified
herein override the unavoidable enviromnental effects.
California Public Resources Code 21002 provides: "In the event specific economic,
social, and other conditions make infeasible such Project alternatives or such
mitigation measures, individual projects can be approved in spite of one or more
significant effects thereof." Section 21002.1(c) provides: "In the event that
economic, social, or other conditions make it infeasible to mitigate one or more
significant effects of a project on the enviromnent, the project may nonetheless be
approved or carried out at the discretion of a public agency...." Finally, California
Administrative Code, Title 14, 15093(a) states: "If the benefits of a proposed project
outweigh the unavoidable adverse environmental effects, the adverse environmental
effects may be considered `acceptable.' "