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HomeMy WebLinkAbout20993 - RESOLUTIONS - 7/7/2004 RESOLUTION NO. 20993 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AS COMPLETE, ADOPTING THE CORRESPONDING STATEMENT OF FACTS & FINDINGS, ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING THE MITIGATION MONITORING PROGRAM RELATING TO CASE 5.0826-GENERAL PLAN AMENDMENTS, SPECIFIC PLAN AND PLANNED DEVELOPMENT DISTRICT- 258, TPM 29101, TTM 29100 AND DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED SOUTH OF EAST PALM CANYON DRIVE AND WEST OF PALM HILLS DRIVE/BROADMOOR DRIVE IN THE SANTA ROSA MOUNTAINS, ZONE U-R, SECTIONS 31 AND 32, T4S, RSE, SBBM. A04918 WHEREAS, Palm Hills Land Corp (the "Applicant") has filed an application with the City for: (a) General Plan Text Amendments to the Hillside Development Policies 5.4.1, 5.4.4(B) and (C), and Palm Hills Area Plan Elements #6, #7 and adding an additional element, b) Palm Hills Specific Plan, c) Planned Development District-258, d) Tentative Master Parcel Map 29101, e) Tentative Tract Map 29100, and f) Palm Hills Development Agreement, all to facilitate the development of up to 1,200 units including up to 425 single-family residential lots, an 18-hole golf course, a 351-room resort hotel, up to 382 vacation ownership units, passive and active , open space, and related improvements for 1,204.1 acres located south of East Palm Canyon Drive and west of Palm Hills Drive/Broadmoor Drive in the Santa Rosa Mountains, U-R Zone, Sections 31 and 32, T4S, RSE, SBBM ; and WHEREAS, Palm Hills Land Corp has proposed development on 906 acres including PD -258, TPM 29101, and TTM 29100, for up to a 351 room hotel, 382 timeshare units, 129 single-family residential units, 18 hole championship golf course, passive and active recreation/open space and related improvements; and WHEREAS, the proposed development is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Impact Report has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; WHEREAS, a Notice of Preparation of an Environmental Impact Report for the General Plan Text amendments, Palm Hills Specific Plan (PA-1), Development Agreement, Planned Development District, Tentative Parcel Map, and Tentative Tract Map ("Project') was distributed to the State Clearinghouse and interested and responsible agencies, organizations, and individuals with a review period from May 10, 1998 and July 10, 1998; and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from various entities; and WHEREAS, a Draft Environmental Impact Report (DEIR) for the Project was released for public , comment from July 3, 2003 to August 18, 2003; and Resolution 20993 Page 2 ' WHEREAS, 13 comment letters were received regarding the DEIR from various entities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), a Final Environmental Impact Report was prepared for the Palm Hills Specific Plan and it was found that even with the incorporation of proposed mitigation measures, the proposed Project could have a significant effect on the environment with respect to land use, cumulative traffic/circulation, air quality, visual resources, biological resources, cumulative impacts on the school system, and cumulative impacts on the regional groundwater aquifer; and WHEREAS, a Statement of Facts and Findings and Statement of Overriding Considerations has been prepared for the proposed Project; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all written and oral testimony presented; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the proposed Project was issued in accordance with applicable law; and WHEREAS, on April 28, 2004, a public hearing to consider the proposed Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 26, 2004, a continued public hearing to consider the proposed Project was held by the Planning Commission in accordance with applicable law; and ' WHEREAS, at the conclusion of its public hearing on May 26, 2004, the Planning Commission adopted Resolution No. 5010 recommending that the City Council certify the environmental impact as complete, adopt the corresponding statement of facts and findings, adopt the statement of overriding considerations and adopt the mitigation monitoring program relation to the "Project'; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the proposed Project was issued in accordance with applicable law; and WHEREAS, the 'Project' will have public benefits including but not limited to up to $2,475,773 in revenue, expand economic development opportunities, expand tourism, provide a golf course, preserve approximately 797.70 acres of open space on-site, dedicate off-site land within critical habitat of Peninsular Bighorn Sheep, create up to 450 new jobs, maintain public access to existing equestrian and hiking trails, and implement the City's General Plan objectives to create a world class destination resort; and WHEREAS, on June 16, 2004, a public hearing to consider the proposed Project was held by the City Council in accordance with applicable law; 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 recommendation of the Planning Commission, the staff report, all environmental data including the initial study, the Final Environmental Impact Report and all written and oral testimony ' presented. Resolution 20993 Page 3 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: ' Section 1: Pursuant to CEQA, the City Council finds that a Final Environmental Impact Report (FEIR) has been prepared and completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The FEIR 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. The City Council has independently reviewed and considered the information contained in the FEIR prior to its review of this Project and the FEIR reflects the City Council's independent judgement and analysis. Section 2: The City Council has reviewed and analyzed information contained in the FEIR prior to taking action on the Project and certifies the FEIR as complete. The FEIR reflects the independent judgment of the City Council. The City Council further adopts the Statement of Facts and Findings ("Statement") and incorporates same herein by reference. The City Council finds that the mitigation measures identified in the Statement are necessary to reduce or avoid significant impact and that certain impacts, as identified in the Statement, even with implementation of all recommended mitigation measures, will remain significant and the City Council further adopts the Statement of Overriding Considerations and incorporates same herein by reference. The City Council has independently reviewed and considered the information contained in the FEIR prior to its review of this Project and the FEIR reflects the City Council's independent judgement ' and analysis. Section 3: By adoption of this resolution, the City Council adopts the Mitigation Monitoring Program for the FEIR for the Project and incorporates same herein by reference. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby certifies the Final Environmental Impact Report as complete and in conformity with CEQA, adopts the Statement of Facts & Findings, adopts the Statement of Overriding Considerations, and adopts the Mitigation Monitoring Program relating to Case 5.0826, as described herein, as shown in Exhibits A and B (Final EIR including Mitigation Monitoring Program). ADOPTED this 7" day of July, 2004. AYES: Members McCulloch, Mills, Pougnet and Mayor Oden NOES: Member Foat ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20993 Page 4 EXHIBIT A ' STATEMENT OF FACTS AND FINDING, AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS FROM IMPLEMENTING THE PALM HILLS SPECIFIC PLAN PROJECT A. INTRODUCTION The City of Palm Springs (City), in approving the Palm Hills Specific Plan Project (PHSP Project or proposed project), makes the findings described below, based on the facts summarized in this document, and adopts the statement of overriding considerations presented at the end of the findings. Hereafter, the following document(Final Palm Hills Specific Plan Environmental Impact Report, SCH#98061043)will be referred to as the "FEIR"for the term Final Environmental Impact Report. The total action that may be implemented by approval of the PHSP Project consists of all of the actions outlined in the FEIR and the application materials submitted to the City of Palm Springs to date to create a world class hillside resort hotel with supporting golf course recreation and the highest quality private gated residential community with a total of up to 1,200 hotel, vacation ownership and residential dwelling units. For more detail on the project approvals and project characteristics, see Section B.2 below. Adoption and implementation of the PHSP Project constitutes the "proposed project'that was be evaluated in the FEIR. To carry out this proposal, the City of Palm Springs and the project applicant, the Palm Hills Land Corp., compiled the Palm Hills Specific Plan (Figures 2-5 and 2-6 illustrate the two Plan alternatives considered in the FEIR) that identifies the type and location of the proposed facilities identified to meet the PHSP development objectives described above. It is the total program outlined in the PHSP and Project Description (see Chapter 4 of the FEIR) that constitutes the proposed project evaluated in the FEIR. B. PROJECT SUMMARY BA PROJECT LOCATION The PHSP project site is situated in the southern portion of the City of Palm Springs, Riverside County, California, in an area known as Palm Hills. Palm Hills is situated in the foothills of the Santa Rosa Mountains overlooking the eastern portion of the City of Palm Springs and the urbanized Coachella Valley floor. The site is located southerly of East Palm Canyon Drive(State Highway 111),north of Murray Hill and abuts the corporate limits of Cathedral City on the property's east boundary. The project site includes all of Section 31 and portions of Section 32, all in Township 4 South, Range 5 East, San Bernardino Meridian. Figure 2-2 of the FEIR contains a Vicinity Map of the project site. B.2 PROJECT CHARACTERISTICS In July 1970,the City of Palm Springs (City) annexed a 34 square-mile area known as Palm Hills. In 1993, the City updated its General Plan and divided the Palm Hills area into four subareas for which specific plans are required before development can proceed. Development densities were also reduced for the Palm Hills area with approval of the 1993 General Plan. The four subareas ' are designated Specific Plan Areas PH-1 through PH-4 in the General Plan. Specific Plan Area -1- Resolution 20993 Page 5 PH-1 occupies 1,204.1 acres of undeveloped vacant land that is located in the northerly portion of the Palm ' Hills area adjacent to the developed, valley portion of the City of Palm Springs. The intent of the City's General Plan for Specific Plan Area PH-1 is to create the highest quality resort and residential area in the Coachella Valley, while maintaining environmental sensitivity and developing a methodologyfor multi-property owner participation. Specific Plan Area PH-1 has been assigned the following land use designations which are shown on Figure 2-3 of the FEIR. L1 (1 residential unit per acre) L2 (2 residential units per acre) C (Conservation) LSR (Large Scale Resort) The FEIR will be used as the information source and CEQA compliance document for the following discretionary actions or approvals by the City of Palm Springs: Approval of the General Plan Amendment Approval of the Specific Plan Approval of a Change of Zone Approval of a Tentative Master Parcel Map Approval of a Tentative Tract Map Approval of the Development Agreement Issuance of Grading and Building Permits The proposed projectarea is currentlyzoned UR(Urban Reserve),which is a holding zone in the City's zoning code that requires detailed planning documents, i.e. a specific plan, be prepared to implement the General , Plan's Land Use designations. The 1,204.1 acres within Specific Plan Area PH-1 are owned or controlled by three entities. Palm Hills Land Corporation (PHLC),the project applicant, controls approximately 906.1 acres. The Agua Caliente Band of Cahuilla Indian Tribe allottees(Allottees)own approximately293.1 acres and the Desert Water Agency(DWA) owns 4.9 acres. Figure 2-4 of the FEIR shows the property ownerships within the Palm Hills Specific Plan area. The PHSP proposes a land development plan on the PHLC property that is consistent with a specific plan level of detail. The Specific Plan also identifies possible future land development for the Allottee and DWA property. The development proposed on the PHLC property includes custom single-family estate neighborhoods that provide for a total of 35+129 lots, an 18-hole golf course, a 351-room resort hotel, 3022 382 vacation ownership units, and passive and active open space. An alternative development plan for Planning Areas I, III and VI would reduce the number of vacation ownership units (timeshares)from 382 to 105 and replace VOU's with an additional 35 single family homes for a total of 164 single family homes. PHA occupies 1,204.1 acres of undeveloped vacant land that is located in the northerly portion of the Palm Hills area adjacent to the developed, valley portion of the City of Palm Springs. To complywith General Plan requirements,the Palm Hills Specific Plan addresses future development of the Allottees and DWA property by identifying potential development areas and allowing for the extension of access and utilities to serve these properties. The Specific Plan provides for the development of up to 296 single-family residential units on the Allottee land.The DWA site has an existing water storage tank and no further development is proposed. Thus, a total of about 1,200 units can be developed if the Specific Plan is approved, which is consistent with the number of units allocated to Area PH-1 in the General Plan. -2- Resolution 20993 Page 6 Table 4.2-1 PALM HILLS SPECIFIC PLAN-ORIGINAL PLAN LAND USE SUMMARY PALM HILLS LAND CORP PROPERTY Protluct, PIan,YVmg � StreAtAr6A LotArea Total,Area Dwelling. � Area �'`(acrei) (acres)* (awes) Units Development Areas Single-Family Residential 1 9.2 30.4 39.6 58 Single-Family Residential II 3.8 19.1 22.9 48 Vacation Ownership Units III 3.1 26.6 29.7 200 Resort Hotel IV 0.0 24.4 24.4 453 ** Single-Family Residential V 8.3 39.7 48.0 77 Single-Family Residential VI 5.2 34.8 40.0 68 Future Roadway(ROW dedications 10.1 - 10.1 - in open space areas) Subtotal- Development 39.7 175.0 214.7 904 Open Space Areas Golf Course Open Space(tees,greens,fairways) - - 37.7 0 Renaturalized Open Space(golf course graded - - 51.4 0 areas with natural revegetation) Water Reservoir(3 sites) _ - 3.3 0 Lake(surface area) 0.9 0 Natural Open Space(undisturbed) - - 598.1 0 Subtotal-Open Space - - 691.4 0 Subtotal Palm Hills Land Corp 39.7 175.0 906.1 904 AGUA CALIENTE BAND OF CAHUILLA INDIAN ALLOTTEE AND DWA PROPERTY Protluct�'r , P11,10ing Street Area Lot Area Total Area, Dwelling : Area (acres) {acrex,)*. (ogres) Un7ts DWA Tank Site VII - - 4.9 0 Single-Family Residential VII - 96.6 96.6 296 Future Roadway VII 6.3 - 6.3 0 Natural Open Space VII - - 190.2 0 Subtotal Indian &DWA Land 6.3 96.6 298.3 296 TOTAL SPECIFIC PLAN 46.0 271.6 1,204.1 1,200 Includes developed areas(building envelope),disturbed areas to be renaturalized,and undisturbed natural open space within private lots Includes hotel buildings with 351 hotel rooms and 25 vacation ownership units and 77 vacation ownership units in stand alone clusters. ' Source. Dudek&Associates -3- 1 � Resolution 20993 Page 7 The purpose of the Specific Plan document is to address the land use issues associated with , development of the PHLC property in sufficient detail to ensure the subject site is adequately served with public infrastructure and that it can be developed in a manner which is compatible with the City's development goals for the Palm Hills area. The Specific Plan will serve to refine and implement the City of Palm Springs General Plan for the Palm Hills property by applying develop- ment standards designed specificallyforthe projectsite. To accomplish this,the proposed Specific Plan establishes a pattern and density of land use and development regulations. The Specific Plan establishes a circulation plan whereby streets and roads are located and sized based on existing topographic considerations and proposed traffic patterns and peak hour traffic demands. Public facilities plans in the Specific Plan define what facilities are needed to serve the Palm Hills community and identify the most appropriate area within the Specific Plan area to locate these facilities. A landscaping plan for the proposed community is another element of the Specific Plan, prepared in conjunction with an open space plan,that designates certain areas as natural/passive open space and active/usable open space. The Specific Plan also contains development guidelines that detail site planning,landscaping,and architectural requirements to ensure thefuture development is compatible with the site's natural landform. The Palm Hills Specific Plan identifies the following goals and objectives for the proposed project: (1) develop a world class hillside resort hotel with spectacular valley views and an 18-hole championship golf course; (2) create a private gated community which is unique and exclusive; (3) accommodate a maximum of 904 hotel, residential, and vacation ownership units on PHLC property and 296 residential units on Agua Caliente Band of Cahuilla Indian Allottee property; (4)maximize mountain,valley,and golf course views from all building sites;(5)reserve large blocks of undisturbed natural open space within the southern portion of the site for limited recreational ' uses that maintain as much natural open space as possible within the project and that are compatible with the natural open space; and (6)for maximum environmental compatibility, locate only recreational open space uses (i.e.,golf course and trails),which are primarily unused at night, on PHLC property south of Eagle Canyon. The Palm Hills Specific Plan complies with many of the development criteria contained in the City's General Plan. However, if the Palm Hills project is to be developed as proposed by the Specific Plan, certain General Plan policies must be amended, particularly those related to hillsides(pages 11-6 and II-7). Further, the basic concepts and development densities contained in the Palm Hills Area Plan (pages 1-22 through 1-25) must be revised, as discussed below, to achieve consistency with the General Plan. The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall be minimized. Both ranges form a backdrop to the City of Palm Springs and are also considered valuable scenic assets. The proposed amendment would establish in City policy a fundamental distinction difference between the Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. The San Jacinto Mountains are essentially undevelopable due to the extreme steepness of slope and are therefore suited to a policy of almost total preservation. However, the Santa Rosa Mountains consist of more gentle, rolling terrain which may be more suited for development. Preservation in the Santa Rosa Mountains is seen as compatible with some development, if that development is proposed creatively and flexibly. The overall ban on development on hillsides with slopes more than 30 percent would be modified. Development would also be allowed to place structures along ' ridgelines that are not "skylined", i.e., silhouetted against the sky, instead of against the background ridges. Finally, the allowed densities in the Palm Hills Area Plan would be revised to -4- Resolution 20993 Page 8 ' accommodate the proposed project but the total number of units allowed will not change. The overall density of development onsite will remain the same. C. ENVIRONMENTAL REVIEW The entire administrative record, including, but not limited to, the project applications, the FEIR, public comments and responses, City Staff reports, all testimony at public hearings, submissions from public officials and agencies and these facts, findings and statement of overriding considerations,serve as the basis forthe City of Palm Springs's environmental determination. The City Council's environmental determination is that the FOR addresses all of the potential impacts from implementing the proposed project as outlined above and defined in detail in Chapter 4 of the FEIR. The detailed environmental impacts and proposed mitigation measures for the future development of PHLC facilities are presented in Chapter 5 of the FEIR and in the responses to comments (under separate cover)which is part of the FEIR. Alternatives to the proposed project are discussed in Chapter 6 of the FEIR. Evaluations of growth inducement, cumulative impacts, and irreversible commitment of resources are provided in Chapter 7, Topical Issues, of the FEIR. The following review process has been implemented in conjunction with the City's consideration of the PHSP. 1. Consideration of the EIR:The first consideration of the PHSP began in 1998. The formal CEQA environmental review process for the PHSP Project was initiated on June 10,1998 with the release of the Notice of Preparation (NOP) for public review and comment. The ' NOP comment period ended on July 10, 1998 and a total of 18 comment letters were received from the public. The NOP indicated that the full scope of environmental issues would be addressed in the Draft EIR for the PHSP Project. A detailed summary of the issues identified in the NOP comment letters is provided in Section 2.2 of the FEIR and a copy of NOP comment letters is provided in Appendix 9, Volume 1 of the FEIR. A public comment scoping meeting on the proposed project was held before the Palm Springs Planning Commission on June 24, 1998. The PHSP Draft EIR was released to the public for review and comment on July 1, 2003. The mandatory 45-day review period closed on August 14, 2003. A total of 13 comment letters, including the State Clearinghouse comment closure letter, were received on the DEIR. Responses were developed for all comments received on the DEIR, and the Final Environ- mental Impact Report, FEIR, dated April, 2004, was transmitted to all parties on April 15 and 16, including public agencies, that commented on the DEIR to fulfill the requirements of Section 21092.5 of the CEQA statute. The FEIR, and all supporting material, has been made available to the Palm Springs Planning Commission and City Council and a summary of the FEIR and its findings were presented directly to the Council for consideration in making its decision to certify the FEIR and approve the PHSP Project, The Palm Springs City Council adopts these findings and makes the following certifications pursuant to the California Environmental Quality Act (Public Resources Code 21081, CEQA) and CEQA Guidelines Section 15090. The City Council finds and certifies that the ' FOR has been completed in compliance with CEQA,was presented to the decision making body of the City which reviewed and considered the information contained in the FOR prior to certifying the FEIR. The City Council certifies that all voting members have reviewed and considered the FEIR prior to approving the PHSP Project implementation._In addition, all -5- Resolution 20993 Page 9 voting City Council members have reviewed and,considered the additional information ' presented at or prior to the public hearing on June 16, 2004. The City Council further finds and certifies that the FEIR reflects the independent judgement and analysis of the City Council and its Staff and that the FEIR is adequate for this proposed project. 2. Full Disclosure: The Palm Springs City Council finds and certifies that the FEIR con- stitutes a complete, accurate,adequate and good faith effort at full disclosure under CEQA. 3. Location of Record Proceedings: The documents and other materials which constitute the administrative record of proceeding upon which this decision is based are in the custody of the City of Palm Springs located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. This information is provided in compliance with Public Resources Code §21081.6(a)(2). 4. City of Palm Springs as Lead Agency Under CEQA: The City of Palm Springs is the "lead agency" as defined by CEQA Guidelines Section 15050. In compliance with its authority and responsibility for overseeing land use decisions within its incorporated area, the City has prepared the Draft and Final EIRs for the PHSP Project, prepared these facts, findings and Statement of Overriding Considerations in accordance with the CEQA Guide- lines and Public Resources Code, Section 21081, and will carry out all other duties and responsibilities required of a lead agency under Public Resources Code (Section 2100 et seq) and the CEQA Guidelines. D. FINDINGS ' Presented below are the environmental findings made by the City of Palm Springs after its review of the documents referenced above, and consideration of written and oral comments on the proposed project at a public hearing, including all other information provided during the decision- making process. These findings provide a summary of the information contained in the FEIR, related technical documents, and the public hearing record that have been referenced by the Palm Springs City Council in making its decision to approve the PHSP Project for implementation as the first step in achieving fulfillment of the development envisioned in the General Plan for Area PH-1 of Palm Hills. The FEIR prepared for the PHSP Project addresses the consequences of implementing construction of all 1,200 units that would be authorized under the Specific Plan. More specific evaluation is provided for the property owned by Palm Hills Land Corp. because detailed land development plans have been submitted for this area,but the environmental effects of constructing and occupying 1,200 units of single-family residences, vacation ownership units and hotel units, including all supporting infrastructure, is fully evaluated in the FEIR considered by the City Council. This FEIR,and supporting Initial Study, identified and evaluated 11 environmental issue categories for potential significant adverse impacts. The eleven environmental issue categories presented in the FEIR, are: land use; geologic resources and constraints; cultural resources; traffic/circulation; hydrology/flood control/water quality; noise; air quality; visual resources; biological resources; and public services/utilities/infrastructure. When all impact categories are considered, the FEIR ' reached a total of 22 findings on environmental issues. Short and long-term impacts and project- specific and cumulative impacts were evaluated. Some of the issue categories contained several subissues which are summarized in the text discussion presented below. Of these. 11 environmental categories, the City Council concurs with the findings in the FEIR, that for the issues -6- t Re`solution 20993 Page 10 ' and subissues discussed-below many are either not significant without mitigation or they can be mitigated below a significant impact threshold. Further,for those issues which cannot be mitigated below a level of significance, the City finds that overriding considerations exist which make those impacts acceptable. Those environmental issue categories identified in the FOR and Initial Studyas having no potential for significant adverse impact, with or without mitigation, are described below in Section E. The discussion in Section E also summarizes the facts and findings contained in the FOR for the nonsignificant issues for which mitigation has been identified to reduce impacts below a significant level. Unavoidable (unmitigable) significant adverse impacts of the project are described in Section F of this document. This is followed by an analysis and comparison of the alternatives to the proposed project which are described in Section G of this document. Project benefits are described in Section H. The balancing of benefits and impacts and the statement of overriding considerations for this project are described and evaluated in Section I of this document. Several additional mitigation measures were identified for modification and implementation in the Responses to Comments of the FEIR. These changes were made in response to comments and have been summarized in the Mitigation Memorandum section of the FOR. The changes have been incorporated into the FOR and Mitigation Monitoring and Reporting Program (MMRP). All of these changes in mitigation measures remain within the scope of the performance standards outlined in the DEIR, as indicated in the Memorandum. Mitigation measures referenced in this document are also contained in the MMRP. The mitigation measures that were incorporated in the MMRP identify mitigation measures which are the responsibility of City of Palm Springs. The monitoring program ensures that the measures identified in the FOR and adopted by the decision makers are implemented in accordance with mitigation discussions in the FEIR. E. NONSIGNIFICANT IMPACTS IDENTIFIED IN THE FEIR The following issues were identified in the FEIR as having no potential to cause significant impact orwere 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 summary 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 Palm Springs City Council hereby finds that all mitigation measures identified in the FEIR and adopted by the City Council are fully enforceable through project conditions, agreements or other measures, pursuant to Public Resources Code 21086.6(b) and will be implemented to mitigate certain impacts of this project. These measures substantially lessen potentially significant environmental impacts to a less than significant level of impact. 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; -7- Resolution 20993 Page 11 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 Council hereby finds, pursuant to Public Resources Section 21081, that the following issues are nonsignificant adverse impacts because they have no potential to cause a significant adverse impact or because mitigation measures will be implemented, as outlined below,to reduce a potential significant impact to a less than significant level of impact. The City Council further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed in this section to a less than significant level of impact. These issues and the measures adopted to mitigate them to a level of insignificance are as follows. Issues Determined to be Nonsignificant in the FOR 1. Land Use a. Physically divide an established community: Facts: The project site is located in the southeast corner of the City of Palm Springs. The surrounding land uses include the urban development at the base of the initial face of Murray Hill Ridge on the north; Palm Canyon suburban development to the west; ' Cathedral Canyon suburban development to the east; and open space with mixed private and public ownership (primarily public) to the south. The project area is designated for major resort and suburban residential uses. Finding: Since there are no immediately surrounding urban or suburban land uses, it is not possible for the proposed project to create a division in the physical arrangement of an established community. The PHSP Project will result in creating an extension of urban land uses, i.e., peninsula, into the undeveloped area known as Palm Hills, but this is consistent with the vision of the adopted General Plan. Therefore, the proposed project is not forecast to cause any significant adverse land use or planning impacts related to dividing the physical arrangement of established communities. No mitigation was required. b. Conflicts with applicable land use plans, policies or regulations: Facts: The PHSP Project was compared to pertinent objectives and policies in the General Plan and was determined to be inconsistent with several objectives and policies. To overcome these conflicts, amendments to the General Plan were identified as necessary to avoid such conflicts. The detailed discussion of the proposed amend- ments and all pertinent policies and objectives is provided in Subchapter 5.2, pages 5.2-21 through 5.2-42. Finding: The potential consistency/compatibility issues identified in the FEIR and their resolution , include: These conflicts and their potential resolution are noted below -8- Resolution 20993 Page 12 ' Inconsistency between the existing density formula which would require fewer units than proposed by the PHSP Project. This inconsistency is eliminated by the approval of the General Plan Amendment (Objective 3.1). • Inconsistency of the proposed project with the resort hotel and homes over- whelming views of the mountains and overwhelming the local topography of the site due to the density and lot sizes of the project (Policy 3.1.8). This incon- sistency is eliminated by the approval of the General Plan Amendment. • Inconsistency of the proposed project with preservation of scenic viewsheds (Policy 3.3.3, Policy 5.1.3, Objective 5.4, Policy 5.4.1 and Policy 5.4.4). This inconsistency is eliminated by the approval of the General Plan Amendment. • Inconsistency with allowance of increased building height for the large scale resort under the proposed project alternative (Policy 3.3.5, Policy 3.4.3 and Policy 3.9.4). This inconsistency is eliminated by the approval of the General Plan Amendment. • Inconsistent with the existing General Plan for the allowable number of single- family residences(Policy 3.3.9). This inconsistency is eliminated by the approval of the General Plan Amendment. • Inconsistency between the proposed urban/suburban uses of the site and the long-term general habitat value of the site for future Bighorn Sheep populations (Objective 5.4). This inconsistency is eliminated by the approval of the General Plan Amendment. • Inconsistency might occur with the existing policy that development should not occur on slopes greater than 30 percent(Policy 5.4.4). However,this statement is not mandatory and if this were to occur, compliance with the proposed general Plan Amendment would eliminate this inconsistency. • Inconsistency with the requirement to place utility infrastructure underground if the two water reservoirs are placed above ground (Policy 5.4.4.f). This incon- sistency is eliminated by the approval of the General Plan Amendment. Thus, based on the City approval of the General Plan Amendment component of the proposed project, the PHSP Project can be implemented without any significant inconsistencies with the applicable land use plan, policies and objectives. The effects of the General Plan Amendments are further discussed in the text below. c. Project is incompatible with existing land use in the vicinity. Facts: The existing land uses on the property include low levels of recreation (hiking,jogging, and equestrian activities which trespass on the gated property) and open space that may provide habitat for the Peninsular Bighorn Sheep (PBS) and has been identified by the U.S. Fish and Wildlife Service as critical habitat for the PBS. Finding: The FEIR concluded that no incompatibility between human uses of the land is forecast to occur because there are no urban/suburban uses or activities that-Qccur in or near -9- Resolution 20993 Page 13 the proposed project that could be adversely impacted by implementation of the PHSP ' Project. Potential conflicts or incompatibilities with recreation or habitat values are discussed under the significant impact section. d. Project induces significant growth within the project area or in the region: Facts: The PHSP Project was determined not to contribute to significant growth inducement based on the proposed project being large relative to the City as a whole. If developed at its maximum density, 1,200 units and an estimated population of 3,000 persons (many of these transient hotel and Vacation Ownership Units (VOU) occupants), the proposed project is not large relative to the existing City with its approximate 43,000 occupants and 17,000 units. However, based on the extension of infrastructure into the Palm Hills area and possible growth associated with a major, world-class resort, potentially significant growth inducement was identified as an issue. Finding: Based on a review of the PHSP Project design and the land use ownership patterns in the remaining Palm Hills area, the FEIR concluded that the PHSP Project would not cause significant inducement for growth. The following reasons were identified as constraining future growth: the sizing of the infrastructure will only meet the PHSP Project's development demand (including the Agua Caliente Band's property and units);access roads will be private,sized to meetthe proposed project's demands,and not extended south of the property boundary; no extension to Dunn Road is ' contemplated by the proposed project; and access to the south is now severely constrained by public land ownership which limits the ability to extend access to the south of the proposed project site. Based on these findings, the FEIR concluded that the PHSP Project would not cause significant growth inducement. e. Project conflicts with, or is inconsistent with, applicable environmental plans or policies adopted by agencies with jurisdiction over the project to the extent that the conflict is unavoidable and unresolvable: Facts: The applicable environmental plans identified for the proposed project site in the FEIR include the SCAQMD AirQuality Management Plan(AQMP);the Water Quality Control Plan (WQCP), Colorado River Basin; and the PBS Recovery Plan. The proposed project was identified in Subchapter 5.8 as being consistent with the City's General Plan and is therefore consistent with the AQMP and Southern California Association of Governments Regional Comprehensive Plan and Guide. The proposed project was determined in Subchapter 5.6 as being able to comply with WQCP beneficial use designations and water quality objectives, with mitigation. Finding: The analysis in Subchapters 5.6 and 5.8 demonstrate consistency with the AQMP and WQCP, with mitigation. See discussions below. The potential conflict with the PBS Recovery Plan is addressed as part of the overall identified significant impact related to restricting the range of PBS in the future. Based on the detailed evidence provided in the FEIR (including approval of the General Plan Amendments), the above land use issues are not forecast to experience significant adverse impacts from project implementation. -10- Resolution 20993 Page 14 2. Population and Housing a. Induce substantial population growth in the area: See discussion under issue 1.d above. Significant growth inducement is not forecast to result from implementing the PHSP Project. Growth inducement is considered to be a nonsignificant impact of the proposed project. b. Displace a substantial number of existing houses: Facts: The project site is presently unoccupied by any housing. Finding: The proposed project has no potential to displace any existing housing and this impact is nonsignificant without any mitigation. C. Displace substantial numbers of people: Facts: The project site is presently unoccupied by people. Finding: The proposed project has no potential to displace any existing population and this impact is nonsignificant without any mitigation. Based on the evidence provided in the FOR, population and housing issues are not forecast to ' experience significant adverse impacts from project implementation. 3. Geology and Soils a.i) Expose people orstructures to potential substantial adverse effects from fault rupture: Facts: The site is located at the northern edge of the Santa Rosa Mountains, where the mountains border and transition into the southwest part of the Coachella Valley(see Figure 5.3-1 of the FEIR). This transition zone serves as the boundary between the Peninsular Ranges and Colorado Desert geomorphic provinces. The dominant geologic formation underlying the project site is Pre-Tertiary metasedimentary rocks. Pre-Tertiary granitic rocks underlie the southwest portion of the site. Surficial geologic units overlying the bedrock include alluvium and artificial fill. Faults within the metasedimentary bedrock were observed in exposures in the steep canyon walls of Eagle Canyon. Most of these faults are very shallow northeasterly dipping faults between various rock compositions. The contact between the two metasedimentary rock units (ms and msg, Figure 5.3-4) was observed to be a fault steeply dipping to the north,with a north-northwesterly trend. However,no geomorphic or other evidence observed in the field or on the aerial photographs indicates the observed faults are active or potentially active. The nearest known active fault to the site is the south branch of the San Andreas fault(Banning fault),approximately 9 miles to the northeast. The San Jacinto fault zone is further from the site, approximately ' 12 miles to the southwest, but is considered the most seismically active of those in Southern California. -11- a Resolution 20993 Page 15 Finding: Based on the detailed geotechnical data provided in the Geologic Feasibility Report, Palm Hills I Specific Plan, the proposed project has no potential to expose people or structures to significant fault rupture hazards. This impact is not significant without any mitigation. ad!) Expose people or structures to potential substantial adverse effects from ground shaking: Facts: The project site has been shown to be subject to significant ground shaking. It is located in Riverside County Groundshaking Zone III, with a Peak Acceleration esti- mated to be 0.44 g (Earth Systems Southwest,2001). Therefore,future structures and infrastructure systems developed under the Specific Plan are forecast to be exposed to significant ground shaking over the life of the proposed project. The following mitigation measure shall be implemented to control the onsite ground shaking hazards to a level of nonsignificant impact: 5.3-1 All future structures that will be inhabited shall be engineered to protect the safety of inhabitants. The most conservative performance standard identified at this time is to design structures to be safe (not necessarily functional)when exposed to a maximum credible peak horizontal ground acceleration of 0.46g, For essential infrastructure systems, safety based engineering design requirements shall be implemented. The developer maysubmit a geotechnical study from a qualified geo- technical professional to revise the performance standard,subject to review and approval bythe City. All structures and infrastructure shall be designed in accord- ' ance with the final performance standard approved by the City to protect human, structure and infrastructure safety. Finding: The site's exposure to future significant ground shaking is unavoidable; however, the impactfrom ground shaking can be mitigated by requiring structures and infrastructure to be designed and constructed to remain safe for humans, or even functional, following exposure to such ground shaking impacts. A measures that incorporates performance standards to mitigate significant ground shaking impacts is identified below to ensure that the risk from seismic ground shaking does not cause significant adverse impacts when such ground shaking occurs in the future. adii) Expose people or structures to potential substantial adverse effects from seismic related ground failure, including liquefaction: Facts: The loss of soil strength in saturated, cohesionless soil, due to seismic shaking pro- duces the phenomena of liquefaction. Soils most susceptible to liquefaction are loose, saturated,well-stored fine sands. The potential for liquefaction is determined by grain size distribution, in-place density, and depth to water. In most cases, for the effects of liquefaction to be manifested at the surface, the liquefaction must occur within approximately the upper thirty feet in saturated soils. The potential for liquefaction in the bedrock areas, which underlie the whole of the site, is nil. Finding: Since no project facilities are proposed in areas with high groundwater or in areas with ' soil suitable to support liquefaction, no potential exists for the proposed project to be exposed to significant liquefaction hazards. Based on the available data, the project -12- Resolution 20993 Page 16 ' is not subject to significant liquefaction hazards and no mitigation is required to reduce such hazards to a level of insignificance. advil Expose people or structures to potential substantial adverse effects from landslide hazards: Facts: Based on the field survey of the project areas proposed for development, the bedrock is competent and no major landslides were identified within these areas. Development of the proposed project includes grading activities that will create slopes that could be susceptible to seismically induced landsliding. Those areas of the site that will not be graded are not forecast to be susceptible to significant landsliding potential. Finding: Although the landslide potential in the bedrock on this project site is low and although the maximum height of cut slopes is not forecast to be greater than 60 feet at an inclination of 1:1 (horizontal to vertical ratio) and fill slopes approximately 50 feet high at 1.5:1, a limited potential exists to create isolated unstable slope conditions and a related significant potential for landslides. A slope stability evaluation was conducted for proposed cut and fill slopes (Earth Systems Southwest, 2001). It was found that the lowest safety factor against slope failure would be greater than 3. A safety factor of 1.5 or higher is considered to be acceptable under static conditions, and 1.7 or higher is considered acceptable under seismic conditions. Thus, in the absence of significant adversely oriented discontinuities in the rock mass, all of the proposed cut slopes are expected to be grossly stable because of high intact rock strength (lack of ' fracturing). General mitigation will still be required to reduce the potential for creation of unstable slope conditions and related landslides to a nonsignificant level of impact. 5.3.2 All manufactured slopes greater than 2:1 (horizontal:vertical),orwith a potential to damage structures or surface infrastructure,shall be evaluated by a geotechnical professional to verifythat they can be constructed with sufficient stabilityto prevent landslides, rock fall or other slope failures from impacting humans,structures or critical surface infrastructure in the future. The primary mitigation is to avoid creating unstable slopes or placing project facilities in rock fall hazard areas. However, where slopes will not be stable at a steeper gradient than 2:1 or where structures cannot avoid potential rock fall impacts, specific engineering design shall be specified to provide safety setbacks, rock catchment devices or other measures to preventsuch slopes from failing and exposing facilities to rockfall,or exceeding the City's established slope stability guidelines. Engineering solutions may include laying back the slope at a shallower gradient;reinforcing the slope with retaining structures; or overlaying the slope with a geogrid fabric. b. Result in substantial erosion or loss of topsoil. Facts: The Specific Plan provides a very general estimate for grading on the Agua Caliente Band's property of 440,000 cubic yards. Thus, this is added to the above to show the total amount of soil moved in cubic yards for implementing the Specific Plan as 2,354, 050 cubic yards for the original plan. The amount of material (both soil and rock, see below) that will be graded onsite and the amount of area disturbed to provide an adequate circulation and infrastructure system, suitable building pads, and a quality golf course will create a potential for significant erosion and sedimentation on the site. -13- Resolution 20993 Page 17 Requirements Original Plan Alternative Plan , Acreage to be Disturbed for Grading: Lots/Units 175.1 acres* 164.9 acres* Roadways/Infrastructure 40.2 acres 33.0 acres Landscaped/Golf Course 88.1 acres 108,5 acres Total 303.4 acres 306.4 acres Earthwork Requirements: Amount of cut 833,372 cubic yards 1,235,134 cubic yards Amount of fill 957,000 cubic yards 1,220,053 cubic yards Amount of imported fill 123,678 cubic yards 15,081 cubic yards This assumes a worst-case of grading 100% of residential lot area. The specific plan contains development guidelines intended to minimize lot disturbance. Finding: Even though the potential exists for significant erosion and sediment impacts,this type of impact can be fully mitigated to a less than significant level by implementing measures termed "Best Management Practices (BMPs)"to control any surface runoff generated by precipitation on the site and consequently reduce or eliminate erosion and sedimentation to a level of nonsignificant impact. The potentially significant erosion and sedimentation impacts that may result from future grading (topographic modifications) can be mitigated by requiring the implementation of BMPs during construction (usually in the form of a construction Storm Water Pollution Prevent Plan (SWPPP))and following occupancy by revegetating and stabilizing those slopes where erosion hazards exist. Incorporating remedial measures in the mitigation measures ensures that any surface water management failures in the future will be able to be ' corrected and landscape returned to a non-erosive condition. By implementing such measures,the potential erosion and sedimentation hazards are eliminated or controlled below a level of significant impact. Existing City regulations and the State's NPDES nonpoint source program mandate that BMPs be implemented for construction projects that exceed five acres of area disturbed. In addition, the applicant has identified extensive development standards as part of the Specific Plan to control water quality degradation during construction and over the long-term after the site is occupied. The Water Quality Control Plan for the Colorado River Basin was reviewed to ascertain whether any baseline water quality data exists for Eagle Canyon or whether any specific water quality standards or objectives have been established for this ephemeral stream. No sediment water quality standards or objectives were identified. Instead of specifying specific measures for implementation (many of which are already identified in City and State as well as development standards contained in the Specific Plan), the following measure will be implemented as part of the NPDES and SW PPP requirements to prevent project activities from causing significant erosion and sedimentation. 5.3-5 The project proponent shall select Best Management Practices from the Riverside County Flood Control District Supplement A to the Riverside County Drainage Area Management Plans or its equivalent,and Attachment to Supplement Athat achieve an 80 percent reduction in pollutants,during construction and comparable reduc- tion in urban runoff pollutants after the project is constructed. 1 -14- Resolution 20993 Page 18 C. Be located on a geologic unit or soil that is unstable, or that would become unstable: Facts: Regarding fill slopes, the excavation of project site soil and bedrock materials is generally anticipated to provide high quality granular fill soils with relatively high angles of internal friction and low cohesion intercepts. An analysis was done using conser- vative values of 38 degrees and 100 pounds per square foot for friction angle and cohesion intercept, respectively,with an estimated unit weight of 125 pounds per cubic foot. Using these soil parameters, an analysis for a 50-foot high, 1.5:1 slope with a 6-foot-wide mid-height bench, indicates a safety factor of 1.8. Thus,fill slopes should be stable under both static and seismic conditions. Higher or steeper fill slopes could be feasible with geotextile reinforcement. Finding: General mitigation will still be required to reduce the potential for creation of unstable slope conditions and related landslides to a nonsignificant level of impact. The measures required to reduce this potential adverse impact to a nonsignificant level are provided below and any impacts associated with their implementation is also discussed. These measures relate to early detection of any significant structural dis- continuities during construction and subsequent changes and minimization of erosion. Facts: The project site contains moderate to steep slopes that contain blocky,jointed bedrock outcrops. These outcrops are a potential source of falling and rolling boulders. Rock falls are most likely to occur during strong earthquakes that cause significant ground shaking at the project site. Grading activities that create slopes can loosen and expose jointed rock outcrops which can subsequently generate falling rocks during a seismic event. Finding: Even though the potential exists for significant rock fall impacts, this type of impact can be fully mitigated by implementing measures to avoid risks or to manage(reduce)this risk to a level of nonsignificant impact. The impact from future rock falls can be mitigated by requiring habitable structures and essential infrastructure to avoid rock fall areas defined as site specific development is implemented in the future. Mitigation measure 5.3-2, provided above (issue 3.a.iv), includes rock fall mitigation sufficient to protect humans and structures from significant rockfall impacts. Facts: Eagle Canyon was identified as the only drainage with a potential for significant debris flow and flash flood occurrence. No structures are being placed within any of the Eagle Canyon alignment. Ultimately, the road access to the Agua Caliente Tribe's property and utilities may be placed in this alignment. Finding: No habitable structures are proposed within Eagle Canyon or any of the drainages which contain alluvial material, so no potential for any adverse debris flow impacts to such structures or humans can occur. For infrastructure that must cross drainages with a potential to be impacted by debris flows, some potential for significant damage does exist. A potential for exposure of underground infrastructure to debris flows shall be mitigated as follows. 5.3-3 Infrastructure that must cross stream channels with a potential to transport debris flows through the alignment shall either avoid areas susceptible to such flows or shall be installed above or below the debris flow impact zone so any significant hazards to infrastructure are avoided. Other engineering design methods accept- -15- Resolution 20993 Page 19 able to the City Engineer (i.e., debris basins upstream, etc.) may also be imple- mented. d. Be located on expansive soil,as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial risks to life or property: Facts: Settlement is the localized lowering of the ground surface due to a decrease in the volume of the underlying soil or sediment. Various phenomena can cause settlement, including consolidation, hydroconsolidation, and seismically induced settlement. Finding: Because the site is primarily underlain by bedrock, the impact of settlement on the structures and infrastructure placed on bedrock is considered to be low, i.e. no potential exists for significant adverse settlement on bedrock. Locations with signifi- cant fill can experience settlement due to hydroconsolidation. Mitigation was identified to control such settlement to a less than significant impact level. 5.3-4 The primary mitigation forsettlement is to avoid placing structure or infrastructure on or within deep fills. However,where structures or infrastructure cannot avoid being placed in deep fills,specific engineering design shall be specified to prevent settlement from causing damage to such facilities. Engineering solutions may include installing fill in accordance with specific engineering requirements esta- blished by qualified professional geological or engineering professionals, imple- menting over-excavation and replacement byengineered fills,byeliminating use of local rock materials and importing fill material,or by installing piles or reinforced foundations to prevent damage from settlement. e. Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems: Facts: The project site will be served by a sewer collection system. Finding: There is no potential for the site to have adverse impacts related to use of subsurface wastewater disposal systems. Based on the detailed evidence provided in the FEIR(including mitigation measures), no geologic or soil issues are forecast to experience significant adverse impacts from project implementation. 4. Cultural Resources a. Cause a substantial adverse change in the significance of a historical resource: Facts: Two features were found which had the initial appearance of potential historic sites. One was a corral and water storage feature, the kind often associated with early ranching activities. However, this has been identified by Art Smith, former Trail Boss of the Desert Riders, as a support feature for horse trail activities, built as recently as the early 1990s. The second potential historicfeature is a roughly square stone footing or base for a structure measuring 15 feet on a side. Consultation with Jane Hoff and Art Smith, both of Desert Riders, did not produce an explanation for its origin. Since , there have been numerous trail building activities in the region within recent decades, and there is no evidence that the feature was greater than 50 years old, it was not recorded and does not constitute an archaeological site. -16- Resolution 20993 Page 20 Findin : Based on the above data and the definitions and criteria for significance of potential impacts, it is concluded that implementation of this project will not result in significant adverse impacts to archaeological resources. This conclusion was reached based on the present project design, which designates Eagle Canyon as undisturbed natural open space under both the original and the alternative land use plans proposed. b. Cause a substantial adverse change in the significance of an archaeological resource: Facts: CRM Tech's intensive field survey and inspection revealed no new sites within the APE. The current study encountered no artifacts and no bedrock mortars at CA-RIV- 66 despite extensive and careful inspection in, above and below the palm oasis. One rock shelter was observed that somewhat resembles what is described in the 1954 site record cited above, but it did not have the 10-foot depth noted in 1954,and showed no sign of prior use. The other previously recorded archaeological site in the APE, CA- RIV-3371, no longer exists today. Field inspection of the area found that the site location has been graded and leveled during road building by the Hunter's Retreat recreational shooting club. No evidence of a rock ring could be found, At the request of the Agua Caliente Band and to protect Eagle Canyon from further damage, the following mitigation measures will be implemented. 5.4-1 All development or land disturbances within the incised portion of Eagle Canyon shall be avoided. This portion of the canyon shall be closed to on-site construction personnel during construction activities except that associated with golf cart or trail bridge crossing activities located west of the incised portion of the Canyon. 5.4-2 Prior to anyground disturbing activity,including clearing and grubbing,installation of utilities,and/or any construction-related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards of Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 5.4-3 A Native American monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the monitor have the authority to halt destructive construction and that the monitor notify a qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Ague Caliente Cultural Resources Coordinator for approval. 5.4-4 One copyof anycultural resource documentation generated in connection with this project, including reports of investigations, record search results, and site records/updates shall be forwarded to the Tribal Planning,Building and Engineering Department. Findinq: The cultural resource evaluation presented above indicates that the project, imple- mentation of the Palm Hills Specific Plan, is not forecast to cause any significant impacts, unavoidable or otherwise. The potential for cultural resource impacts was determined to be nonsignificant with implementation of identified mitigation under both development scenarios based on a detailed site survey of the whole project site. r -17- Resolution 20993 Page 21 C. Directly or indirectly destroy a unique paleontological resources or site or unique ' geologic feature. Facts: The project site is underlain by Metasedimentary bedrock that does not contain any fossilized remains. Finding: No potential exists for a significant loss of paleontological resources to occur if the project is implemented. Therefore, the project impact is less than significant. d. Disturb human remains, including those interred outside of formal cemeteries: Facts: Based on the thin soil and surface bedrock exposures and location of proposed development, combined with the thorough cultural resources survey, the potential for encountering any human remains is very low to nonexistent. Finding: No significant potential to disturb human remains exists on the project site for the reasons outlined above. Current law requires the County Coroner to be notified of the discovery of such remains and this requirement would be fulfilled by the project developer if subsurface human remains are encountered during construction. Mineral Resources a. Result in the loss of availability of a known mineral resource: Fact: There are no mineral resource designations nor any known mineral resources on this project ' site. Finding: Based on the available data, no mineral resources occur on the project site and the project will not affect the availability of any known mineral resource. Therefore, the project impact is less than significant. b. Result in the loss of availability of a locally important mineral resourcesrecoverysite: Facts: Development of the site has no potential to lose access to known and available mineral resources since none are known to occur on the project site, nor is access required across the site to such resources. Findin : Based on the available data, no mineral resources of local importance occur on the project site and the project will not affect the availability of any known local mineral resources. Therefore, the project impact is less than significant. Based on the detailed evidence provided in the FEIR (including proposed mitigation measures), the cultural resource issues are not forecast to experience significant adverse impacts from project implementation. 5. Transportation/Traffic a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system: -18- Resolution 20993 Page 22 ' Facts: A project specific traffic study was prepared for the TEC Project. The following is a summary of the study's conclusions: 1. The project will generate about 10,653 daily vehicle trips at buildout. About 691 vehicle trips will occur in the AM peak hours with about 870 vehicle trips projected to occur within the PM peak hours. 2. At the opening year the project will cause the decline in level of service at the following study area intersections (Tables 5.5-5 and 5.5-6 of the FEIR): Sunrise Way(NS) at Ramon Road (EW): LOS C to LOS D Farrell Drive (NS) at E. Palm Canyon Drive (EW): LOS B to LOS C Gene Autry Trail (NS) at Ramon Road (EW): LOS C to LOS D Gene Autry Trail (NS) at E. Palm Canyon Drive (EW): LOS C to LOS D Golf Club Drive (NS) at East Palm Canyon Drive (EW): LOS B to LOS D Date Palm Drive (NS) at SR-111 (EW): LOS C to LOS D All of the above circulation system impacts caused by the proposed project were concluded to be less than significant without any mitigation. Palm Hills Drive (NS) at East Palm Canyon Drive (EW): Intersection operates at LOS F, with greater delays with the project. With the following mitigation measure, the Palm Hills Drive/East Palm Canyon Drive intersection will operate at LOS C in the AM Peak Hour and LOS D in the PM Peak Hour, an improvement relative to the existing condition. The following measure will be implemented. 5.5-5 The Cityshall require the developerto participate on afair-share basis the following improvements: • Install a traffic signal at Palm Hills Drive and East Palm Canyon Drive (see Opening Year). • Responsibility for the proportionate share of 13.0%of the cost to construct an additional northbound left-turn lane on Gene Autry Trail at East Palm Canyon Drive(see 2020 without project). • Install an eastbound right-turn lane on East Palm Canyon Drive at Gene Autry Trail. These are major arterials and are funded by TUMF. Payment of TUMF fees for this development is considered adequate mitigation. Responsibility for the proportionate share of 2.9% of the cost to modify the traffic signal to provide a souhbound right-turn overlap at Crossley Road and Mesquite Avenue. Only the first measure, installation of the traffic signal, is required to reduce the PHSP Project's adverse opening-year circulation system impacts to a less than significant level. -19- Resolution 20993 Page 23 3. For the year 2020 the project will cause the decline in level of service at the , following study area intersections (Tables 5.5-7 and 5.5-8 of the FEIR). Sunrise Way(NS) at East Palm Canyon Drive (EW): LOS C to LOS D Escoba Drive (NS) at E. Palm Canyon Drive (EW): LOS C to LOS D All of the above circulation system impacts caused bythe proposed project were concluded to be less than significant without any mitigation. Gene Autry Trail (NS)at East Palm Canyon Drive (EW): LOS D to LOS E Palm Hills Drive (NS) at East Palm Canyon Drive (EW): Intersection operates at LOS F, with greater delays with the project. Crossley Road (NS) at Mesquite Avenue (EW): LOS D to LOS E Implementation of mitigation measure 5.5-5 will improve the Gene Autry/East Palm Canyon intersection to LOS D in the PM,the Palm Hills Drive/East Palm Canyon Drive intersection will operate at LOS D in the AM Peak Hour and LOS D in the PM Peak Hour, an improvement relative to the existing condition; and Crossley Road/Mesquite Avenue intersection will operate at LOS D in the PM. With implementation of the last three measures (additional northbound left-turn lane on Gene Autry Trail; eastbound right-turn lane on East Palm at Gene Autry; and a southbound right-turn overlap for the traffic signal at Crossley/Mesquite) listed under measure 5.5-5 PHSP Project's adverse 2020 circulation system impacts are reduced to a less than significant level. Findincr Based on data presented in this subchapter of the EIR, both this project and the alternative plan will generate a substantial volume of traffic which will contribute to the degradation in the level of service of affected roadways to below LOS "D." Adequate mitigation has been identified in this document to reduce potential impacts to acceptable levels of services (LOS "D" or better). Therefore, with implementation of the mitigation measures identified, it is concluded that this project will not result in any unavoidable significant adverse impacts. See the discussion for cumulative effects in the significant impact section for further traffic data. C. Change air traffic patterns such that a substantial safety risk is created: Facts: The project site is not located near any airport. Finding: Therefore, the proposed project has no potential to cause significant adverse impact to any air traffic patterns. d. Substantially increase hazards due to project design features or incompatible uses: , Facts: Based on a review of the proposed project circulation system improvements described in the project description, a potential for significant hazards due to potentiallv steer) -20- Resolution 20993 Page 24 roads and sight distance issues at the East Palm Canyon Drive Palm Hills Drive inter- section. Mitigation was required to control potential hazards to a less than significant impact level. 5.5-3 Sight distance at the project intersection of East Palm Canyon Drive(SR-111)and Palm Hills Drive shall be reviewed with respect to standard Caltrans/City of Palm Springs sight distance standards at the time of preparation of final grading, landscape,and street improvement plans. 5.5.4 Street improvement and site development plans shall be reviewed and approved by the City Engineer and Police and Fire departments to ensure that road steepness and emergency access requirements are satisfied. Finding: Based on the implementation of these mitigation measures, the potential hazards associated with project roadway design will be reduced to a less than significant impact level. e. Result in inadequate emergency access: Facts: Emergency access to the project site will be facilitated by installing the primary access roadway to meet emergency access requirements of emergency service providers (measure 5.5-4). Further, mitigation measure 5.11.3-11 requires that adequate emer- gency facilities be located on the proposed project site to provide first response to emergencies. For long-term access to the project area,a mitigation measure has been ' identified to ensure that an adequate road right-of-way is provided for Palm Hills Drive through the project property. 5.5.2 Dedicate the extension of Palm Hills Drive to a Secondary Thoroughfare (88-foot right-of-way)width through the project site. Finding: Adequate emergency access and service will be provided to the project site. Implementation of mitigation measure 5.11.3-11 offsets the lengthy response time and single access point to the project site. Therefore, the project impact is less than significant. f. Result in inadequate parking capacity: Facts: Adequate onsite parking will be provided through a combination of parking structure(s) and surface parking lots. The 453 hotel units would provide a total of 477 parking spaces. The 200 vacation ownership units would provide a total of 200+parking units with a mix of surface and subsurface parking spaces. Each residence would provide onsite parking in accordance with single family residential requirements. Findinq: Based on the parking spaces envisioned for the project, adequate parking will be provided to meet the City's parking requirements. Therefore,the project impact is less than significant. -21- Resolution 20993 Page 25 g, Conflict with adopted policies, plans or programs supporting alternative trans- , portation: Facts: The project will provide alternative transportation facilities both to the site and onsite. Vans and small buses will provide transportation from the airport and downtown to the hotel. On the site, bike trails, hiking trails and mass transit facilities will serve the project site. A mitigation measure is required in Subchapter 5.11.8 to provide mass transit service to future employees working at the project site. This measure states: 5.11.8-1 The Palm Hills development shall provide transportation for employees from Route 111 and Palm Hills Drive to work locations at the beginning and end of work shifts. Finding: With implementation of design measures and the above mitigation, no conflict or significant adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. Based on the detailed evidence provided in the FEIR (including mitigation measures), the above trafficand circulation issues are notforecastto experience significant adverse impacts from project implementation. 6. Hydrology and Water Quality a. Violate any water quality standards or waste discharge requirements: ' Facts: The original project has the potential to affect the quality of water over both the short and long term. Construction activities will result in the disturbance of land during grading and other development activities. After construction, human usage of the site will result in the generation of urban pollutants that have a potential to adversely affect waterquality. Water quality degradation can result from land disturbance activities that have a potential to increase erosion onsite and thus generate additional sediment loading in stormwater. The use of construction equipment also has the potential to result in the accidental release of petroleum products which can degrade water quality. After occupancy, the paved roadways and parking areas within developed areas have petrochemicals on their surfaces as a result of the asphalt used as a binder material in making asphaltic concrete for paving and vehicle use. During the dry times of the year, oil, gas, asphalt, and other chemicals are deposited on the roadway surface. During the early part of rainstorms, these accumulated materials are picked up by stormwater and flushed into the area stormwater drainage system. As the storm continues and the storm flow increases the pollutants are diluted by increasing volumes of rain water and pollutant concentrations decrease rapidly. Because the first flows provide a flushing of the polluted roadway surface, it is necessary to capture these initial flows containing high pollutant concentrations before they have a chance to enter natural drainage courses. Also, the Specific Plan identifies about 37 acres of the site that will be developed with tees, greens, and fairways for the golf course. These areas will contain turf and other vegetation that will require the use of fertilizers, pesticides, ' and herbicides that can be captured and transported in storm runoff. _22_ Resolution 20993 Page 26 Measures to mitigate water quality degradation during construction, operation of the golf course and management of household hazardous wastes are identified in the FEIR. These measures are as follows. 5.6-2 The developer or other responsible parties approved bythe Cityshall implement all the measures identified in Sections 5.6.4.3 outlined above. 5.6-3 An Integrated Golf Course Management Plan(IGCMP)shall be submitted to the City for review and approval. It shall contain sufficient information to demonstrate that irrigation water,pesticide and fertilizer application rates will not generate surface runoff or leachate at the soil/bedrock interface. 5.6-4 To further ensure that any leachate generated does not cause adverse impact,the design of the golf course shall include a system to monitor the movement of free water on bedrock at the lowest point of each golf course turf grass landscaped area. The system shall be monitored from the time that irrigation and application of fertilizers and pesticides begin. The monitoring data shall be retained for a minimum of five years and both the City and Regional Board shall be notified if either large quantities of leachate or concentrations of fertilizers or pesticides in the leachate exceeding Basin Plan standards are detected. If large quantities of leachate are detected, IGCMP shall be revised to eliminate this problem and the revised IGCMP shall be reviewed approved by the City. In addition, to these measures, mitigation measure 5.3-5 in the Geology Subchapter (5.3)and measures identified in the Specific Plan itself will further reduce surface water pollutants to acceptable levels. The Specific Plan measures include: Project design measures include: • Use detention basins in drainage areas to reduce the volume of flow(surface runoff)in each drainage area to a level equal to or below the flow volume which is currently in the drainage area. • Diversion of flows or installation of storm drains on golf course holes where needed to minimize change in flows and water quality impacts from golf course operations and maintenance. • Implementation of BMPs to ensure that construction and occupancy impacts do not cause significant degradation of water quality. Non-structural BMPs recommended in the Specific Plan include:(a)routine inspection of catch basins by Palm Hills before and after the storm seasons,including cleaning to remove sediment and debris;(b)guidelines for fertilizer and pesticide usage, including proper application rates for the local area and soil type; and (c) erosion control measures, will be defined and adhered to. Structural BMPs identified: (a) control of hazardous waste during grading/construction will be confined to designated areas and any contaminated soil or waste will be disposed of properly; (b) control of all sediment transport through desilting basins during grading/construction; and (c)erosion control through reduction in discharge flow velocities and the implementation of detention features to provide natural desilting and filtering mechanism throughout the project's life. Grading Plan Development Standards to control wind and water born erosion during and after construction: (a)priorto initial grading activities,a soils report and geotechnical studyshall be performed ' that further analyze on-site soil conditions and include appropriate measures to control erosion and dust; (b) erosion control plans Including a dust control program will be sub- mitted concurrentlywith the grading plans. All applicable regulations relative to fugitive dust control, including Sections 8.50 and 8.04.230,240 of the Palm Springs Mvnicipal Code,will -23- Resolution 20993 Page 27 be adhered to; (c) site construction may be phased which will require the interim use of ' temporarytoes,ditches,sandbags,ground cover,silt fences,dedicated equipment parking areas and gravel access roadways at construction areas. Interim graded areas shall be designed to drain within the graded boundary,trapping construction sediments in depressed areas of desilting basins;(d)all requirements of the RCFC&WCD regarding erosion control for grading operations shall be implemented to reduce wind blown or water transported sediments;(a)energy dissipation devices will be provided downstream of storm drain outlets to protect watercourses from increases in flow velocity;(f)all graded slopes shall be planted in a timely manner with plant materials that will stabilize the slopes and minimize erosion. During the interim period before permanent ground cover develops,straw,wood chips, or jute will be used as stabilizing agents;and(g)in conjunction with any grading activity that discharges fill within waters of the United States or may cause sedimentation to accrue,a NPDES permit pursuant to the 1967 Clean WaterAct shall be processed priorto the issuance of the grading permit. Findina: The water quality evaluation presented in the FOR indicates that the proposed project, implementation of the Palm Hills Specific Plan, is not forecast to cause any project specific or cumulative significant impacts to water quality issues with implementation of mitigation measures and Specific Plan design measures. C. Substantially alter the existing drainage pattern of the site or area that could cause erosion or siltation on- or off-site: Facts: The project site is divided into essentially four watersheds(consistent with Figure 5.6-2 fo the FEIR). Eagle Canyon, which is the largest, is located within the central portion of the site. Table 5.6-4 provides a summary of the forecast stormwater discharge volumes from the project site for both the original and alternative plans, with com- parisons to existing conditions from Tables 5.6-1 through 5.6-3. As can be seen from the data in Table 5.6-4, no additional detention basins will be required on the site for additional runoff because the maximum volume storm flow from the project site will be reduced under the original land use plan. To ensure that adequate detention capacity occurs, the following mitigation measure will be implemented: 5.6-1 The developer shall submit to the City a stormwater runoff plan prior to initiating construction for review and approval that demonstrates the detention basins will be designed with sufficient size to ensure the volume of runoff from the project site will not exceed the existing runoff volumes from the site. The approved basins shall be installed as approved by the City. Finding: Therefore, implementation of either project is not forecast to contribute to any measurable increase in volume of stormwater flows at the property boundary with implementation of proposed detention basin designs as required by the above measure. With no substantial increase in stormwater flows and implementation of the measures to control erosion and sediment from the project site discussed above, this project is not forecast to result in a substantial or significant alteration in the drainage pattern resulting in either on- or off-site erosion or siltation. d. Substantially alter the existing drainage pattern of the site or area that could cause flooding on- or off-site: , Facts: Refer to the discussion under issue c. above for the fact related to existing and future drainage. -24- Resolution 20993 Page 28 Finding: With implementation of the project design including detention of stormwater flows in excess of existing site runoff,no significant adverse onsite ordownstream flood hazard impacts due to increased discharge of stormwater from the site are forecast to occur. e. Create or contribute runoff water which could exceed the capacity of existing or planned drainage systems or generate substantial addition polluted runoff: Facts: Refer to the discussion under issues a. and c. above for the facts related to existing and future drainage and water quality issues. Findin : With implementation of the project design including detention of stormwater flows in excess of existing site runoff and measures to control water quality degradation, no significant adverse onsite or downstream flood hazard or water quality impacts due to discharge of stormwater into the identified storm drain system (Line 41 as defined by the Master Drainage Plan for Palm Springs)from the site are forecast to occur. f. Otherwise substantially degrade water quality: Facts: Refer to the discussion under issue a above for the facts related to future water quality issues. Findin : With implementation of the referenced water quality measures, no substantial or significant degradation of water quality is forecast to occur by implementing the ' proposed project. g. Place housing within a 100-year flood hazard area: Facts: The project site is located on a mountain ridge. None of the site is located within a 100-year flood hazard area. Finding: Therefore, the proposed project cannot place any housing within a 100-year flood hazard area. No significant impact can occur from implementing the project. h. Place structures within the 100-year flood hazard area that would impede or redirect flood flows: Facts: Refer to the discussion under g. above. Finding: Since no 100-year flood hazard areas occur on the site, the proposed project's implementation cannot significantly impede or redirect such flood flows. L Expose people orstructures to significant risk from flooding related to failure of dam or levee: Facts: There are no dams or water bodies located upstream of the project site. ' Finding: The potential for this hazard to affect the site is nonexistent. Therefore, this impact is less than significant. -25- Resolution 20993 Page 29 j. Inundation by seiche, tsunami or mudflow. ' Facts: There are no nearby water bodies that could cause inundation due to seiche, tsunami or mudflows. Finding: The potential for these water hazards to affect the project site is nonexistent. Therefore, this impact is less than significant. Based on the detailed evidence provided in the FEIR (including mitigation measures), the above hydrology,flood control and water quality issues are not forecast to experience significant adverse impacts from project implementation. 7. Noise a. Expose people to severe noise levels in excess of standards: Facts: The project site is located at a distance from the nearest major noise source, East Palm Canyon Drive. Existing background noise on the site ranges from about 45 dBA CNEL to 48 dBA CNEL. Existing background noise on area roadways is summarized in Table 5.7-2 of the FEIR, and the CNEL at 100 feet from the roadway centerlines range from a low of 61 A dBA (Palm Hills Drive south of East Palm Canyon Drive) to 71.8 dBA (East Palm Canyon Drive, east of Farrell Drive). The East Palm Canyon Drive transportation corridor is heavily traveled and has a high background noise level. ' The project will introduce new noise sources on the project site, both during con- struction and occupancy, and it will contribute to cumulative noise along the roadways that will be used by the future residents and visitors to the project site. Grading and other construction activities(excluding blasting)can generate noise levels between 90 and 95 dBA during construction activities at a distance of 50 feet. Highest noise exposure during construction will be activities associated with installing Palm Hills Drive east and south of the Rimrock Shopping Center. Noise at the nearest sensitive receptor would be about 71 dBA after distance attenuation and this is approximately the same as the existing background noise level. Also with distance attenuation, all of the construction on the project site will be more than 1,000 feet from the nearest sensitive receptors and noise will be attenuated below thresholds without any miti- gation. However,to minimize noise impacts from construction on Palm Hills Drive,the following construction mitigation measures will be implemented. Note that City ordi- nance does not allow construction during evening hours, i.e., all construction activities must occur during daylight hours. 5.7-1 All construction vehicles or equipment fixed or mobile operated shall be equipped with properly operating and maintained mufflers. 5.7.2 Stockpiling and/or vehicle staging areas shall be located as far as practical from residential homes. 5.7-3 The noisiest operations shall be arranged to occur together in the construction program to avoid continuing periods of greater annoyance. -26- Resolution 20993 Page 30 ' Finding: With implementation of the above measures,the potential for exposing noise sensitive uses to severe noise levels in excess of standards during construction will be controlled to a less than significant level of impact. Facts: Due to the proposed development scheme and the presence of rock at shallow depths throughout the site,some blasting will be required to develop the project. When a blast is detonated, the energy liberated by the explosion is initially in the form of highly compressed gas. The largest part of the compressed gas energy is utilized in breaking and moving rock. Excess orwaste energy not dissipated by rock breaking and moving generates seismic waves that travel through the ground and sound waves that travel through the air as single noise event overpressure. The air overpressure is perceived as sound, and the seismic waves are perceived as ground vibration. Federal regula- tions establish the maximum ground vibration allowed from blasting and the maximum allowable airblast noise. These air and ground vibration limits are summarized above in Table 5.7-3 of the FEIR. The forecast of blasting impacts during construction at this stage of project review must be limited to an acknowledgment that blasting will occur; blasting has a potential to cause significant, very short-term impacts from airblast (vibration and noise); and this short-term impact could be significant for nearby residences and commercial uses unless adequately mitigated. Mitigation measures are listed below which can reduce potentially significant blasting impacts to a non-significant level. ' 5.7.4 Prior to initiating any blasting at the project site as part of the site grading and construction effort, the developer shall submit a blasting plan to the City that provides detailed descriptions of the amount of blasting that will be implemented on the project site and of the measures that will be utilized to ensure that the blasting will meet the performance standard established in the following measure. This plan shall be submitted to the City Fire Chief in accordance with Chapter 11.20 of the Municipal Code and no blasting shall be initiated until this plan is approved by the City. 5.7-5 All blasting must be conducted during daylight hours between 10 a.m.and 4 p.m. All detonations shall be controlled so that the safe particle velocity shall not exceed 0.50 in/sec at the nearest structure and blast overpressure shall not exceed a level that can break windows at the nearest structure. The allowable overpressure shall be established based on the distance between the location of the blast and the nearest structure. 5.7-6 As part of the blasting plan submitted to the City,the developer shall incorporate a notification and education program that at a minimum will notify all property owners within one-half mile of the project site that blasting will be conducted,the period over which blasting will be conducted,the time that blasts will be carried out, and a phone number where property owners can contact the developer or developer's representative to complain or submit claims for damage to structures. The notification to all property owners shall be completed prior to initiating any blasting. 5.7-7 The developer shall post a bond,to be established as part of the blasting plan,to payfor any damage to structures that can be validated as being caused by blasting on the project site. Finding: The impact on existing, adjacent land uses during construction blasting and some of the grading will be audible at the nearest existing developed areas. Mitigation -27- Resolution 20993 a Page 31 designed to control blasting and other construction impacts will reduce construction ' impacts to a less than significant level. Facts: This project and the alternative development scenario contain long-term uses that encompass generally low noise generating activities (residences, golf course, hotel, etc.). In a suburban setting such as proposed, ambient noise levels will vary depend- ing on the time of day and specific activities occurring at any given time. Typically, noise levels onsite will range from a nighttime low in the low 40 dBA range (similar to current background noise levels)to nearly 65 dBA when occasional lawn mowers, leaf blowers,and other such activities typical of suburban development occur. Because the roadways onsite are being developed to provide only access to the residents and the guests of the hotel and golf course,virtually no through traffic and its associated noise is forecast to occur in the long-term. These activities along with other noises associated with this type of suburban develop- ment are forecast to create a daytime background noise level that will exceed the noise levels produced by offsite traffic. The combined traffic and occupancy activity noise level will fall below the noise level identified as acceptable in the City General Plan Noise Element,which is 65 dB CNEL (page III-59, General Plan). Mitigation for onsite traffic activities is provided below. 5.7-8 With the exception of the main entry road up to the entry gate, a maximum speed limit of 25-miles per hour will be applied to all roads within the project. 5.7-9 Speed limit on the main entry road from the entrance to the Palm Hills Land Corp. ' Property off of Palm Hills Drive through the development shall not exceed 25 miles per hour unless the developer incorporates noise attenuation buffers in the final development design submitted to the Citythat reduces exterior noise on the lots to 65 dB CNEL or less. The effectiveness of the design shall be verified in a noise study,which shall be submitted to the City for review and approval prior to approval of the final site design. 5.7-10 For all areas within the Year202O,60 dBACNEL roadway contours,future buildings shall be sound attenuated against present and projected noise,which shall be the sum of all noise impacting the project,so as not to exceed an interior standard of 45 dBA CNEL in all habitable rooms. Finding: Thus, based on the type of activities that will occur over the long-term from opera- tion/occupancy of the project site,the potential noise impacts to onsite receptors from noise generated on and off the site are forecast to be less than significant, or can be mitigated to a level of nonsignificance. Facts: Noise levels were evaluated along the offsite roadways that will be used by future project residents and visitors. It was determined that the cumulative noise impact from future traffic growth would cause noise levels to increase along the roadways by a significant amount. However,the project's contribution to this increase was determined to be inaudible (below 1 dBA in all cases, see Tables 5.7-11 and 5.7-12). Thus, the noise impacts will occur regardless of whether the proposed project is implemented or not. ' -28- Resolution 20993 Page 32 ' Finding: As a result of the project's contribution to cumulative noise levels on affected roadway is considered not to be cumulatively considerable, i.e., nonsignificant without any mitigation. b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: Facts: Refer to the discussion regarding blasting under issue a. A potential for significant groundborne vibration or noise will exist if this project is implemented. Mitigation will control the amount of groundborne vibration to a less than significant level. Finding: With implementation of the above measure the potential for exposing people to significant groundborne vibration or noise will be controlled to a less than significant level of impact. C. Substantial permanent increase in ambient noise levels in the project vicinity above ambient levels: Facts: Once the project site is occupied, the activities will include new traffic, recreational activities and suburban residential activities. Refer to the discussion under a. above. The only potential onsite and offsite noise impacts are related to traffic activities. Mitigation is required onsite to ensure that occupiable units will not be exposed to excessive noise levels from traffic. Cumulative noise levels were identified as being ' potentially significant, but project contributions were deemed to be less than significant because they do not contribute to a cumulatively considerable effect on the environment. Finding: With implementation of the recommended measures on the project site, the potential for permanent significant noise effects from project implementation can be controlled to a less than significant level. d. Substantial temporary or periodic increase in ambient noise levels above ambient noise levels: Facts: During construction, noise levels will be associated with construction equipment and blasting activity during grading and construction of individual structures. The greatest potential for conflict between noise sensitive uses and construction activities will occur after the residential uses are constructed on the project site and new building construction activity is initiated. Mitigation in conjunction with City Noise Ordinance requirements are discussed under issue a. These measures can reduce potential short-term construction noise impacts to a less than significant level. Finding: With implementation of the above measures, no significant adverse temporary or periodic noise impacts will result from implementing the proposed project. e. Would the project expose people to excessive noise levels from airport operations: Facts: The project site is not located near an airport. _29- Resolution 20993 Page 33 Finding: Therefore, it has no potential to be exposed to significant airport operation noise ' impacts. f. Would the project expose people to excessive noise levels from private airstrip operations: Facts: The project site is not located near a private airstrip. Finding: Therefore, it has no potential to be exposed to significant airstrip operation noise impacts. Based on the detailed evidence provided in the FEIR (including mitigation measures), the noise issues are not forecast to experience significant adverse impacts from project implementation. 8. Air Quality a. Conflict with or obstruct implementation of the applicable air quality plan: Facts: The issue of air quality conformity or consistency with the regional air quality planning process is determined by comparing the proposed project with the regional growth forecasts contained in these documents. For planning purposes, the AQMP assumes that if future population growth in the region is consistent with the forecasts contained in the RCPG, the measures identified in the AQMP will be sufficient to reduce emis- sions in the SCAB to the point that ambient air pollutant concentrations will not exceed the federal NAAQS by the year 2010. The key to determining consistency with the AQMP and RCPG is to evaluate the project's contribution to growth projections by ascertaining whether the project is being implemented consistent with the City's General Plan and whether growth forecasts for the region are meeting or exceeding the forecast contained within the RCPG. Regard- ing the project's consistency with anticipated density of development,the City General Plan (see discussion in Section 5.2 of this document) contained specific reference to a target density for the area encompassed by the Palm Hills Specific Plan of 1,200 units. The proposed project identifies a total of 1,200 units for development. The RCPG (Table 3-2, Subregional Forecast of Population, Housing, and Employment) established a forecast for the Coachella Valley for each of these parameters for the year 2000 as follows: Population: 330,000; Housing: 168,000; and Employment: 122,000 jobs. The current estimates for these planning parameters are: Population: 329,537 persons; Housing: 107,068; and Employment: 167,649 jobs. These values will be used in assessing the cumulative air quality impacts of the proposed project. The proposed project has been determined to be consistent with the regional air quality planning documents, particularly the most recent Regional Comprehensive Plan and Guide (RCPG, 1996) published by SCAG. The total number of units proposed by the Palm Hills Specific Plan (1,200 units) is consistent with the target density identified in the City's General Plan. An evaluation of the Subregional population, housing and employment forecast indicates that for the year 2000 the Coachella Valley remains ' consistent with the RCPG forecast. Specifically, the CVAG population estimate is 329,637 persons versus the 330,000 identified in the RCPG; the estimated number of houses is 133,444, compared to a forecast of 168,000 houses identified in the RCPG: -30- Resolution 20993 Page 34 ' and the estimated current (2000) employment is 137,095, compared to a forecast of 122,000 employed persons identified in the RCPG. This last value is important because it indicates that job production in the Coachella Valley is exceeding projec- tions which can reduce the overall vehicle miles traveled in the region due to reduced commuting. Finding: Based on the data above, development of the project site will not conflict with any applicable air quality plan, such as the Air Quality Management Plan and the most recent Regional Comprehensive Plan and Guide. Thus, the proposed project is not forecast to create any conflict with or significantly obstruct implementation of the applicable air quality plans. d. Expose sensitive receptors to substantial pollutant concentrations: Facts: One of the effects of constructing a project in the desert area of California is that ground disturbing activities can disturb the Valley Fever spoors that reside in the soil. Not all soils contain such spoors, but desert soils in the region are known to contain such spoors. Individuals may become infected with Valley Fever by the spores of the fungus if they are dispersed during grading operations. Because the potential for exposure to Valley Fever will exist during land disturbance activities under both scenarios,the following measures shall be implemented to reduce the potential risk to an acceptable level. 5.8-12 To reduce the probability of Valley Fever spore reproduction in the soil,the entire grading area shall be pre-soaked for a period of between 2 to 4 weeks;a minimum saturation depth of 12 inches shall be achieved. In no event shall the pre-soak period be less than 14 days. The City grading inspector shall verify the com- pletion of the deep watering program. 5.8-13 The applicant shall notify the residences within 1,000 feet of grading activities of construction grading schedules through posting the notices,newspaper adver- tisements or direct mailings. Sufficient notice shall be provided that persons with compromised immune systems can provide a temporary relocation awayfrom the project site during the initial rough grading period if these individuals so choose. Findina: These measures are considered sufficient to reduce exposing sensitive or at risk populations, which are located more than one-quarter mile from areas to be graded, to significant health risks from the Valley Fever spores. With their implementation,the proposed project can be implemented without exposing sensitive receptors to signifi- cant public health hazards associated with Valley Fever. e. Create objectionable odors affecting a substantial number of people: Facts: None of the activities at the project site have a potential to generate significant odors or create substantial odor concentrations that could harm sensitive receptors. The project site is located at some distance from the nearest sensitive odor receptors and this distance combined with the lack of significant odor generators eliminates that potential to create significant odor impacts from project implementation. ' Finding: Since negative odor generation would be a random event and not continuous, no signi- ficant adverse odor impacts are forecast to impact a substantial number of people on the project site or project vicinity. -31- Resolution 20993 Page 35 9. Biological Resources b-c. Significantly effect identified riparian or other sensitive natural plant communities or adversely effect federally protected wetlands: Facts: With one exception (the Desert Palm Oasis in Eagle Canyon), the vast majority of the project site consists of typical xeric creosote scrub vegetation. The Desert Palm Oasis habitat in Eagle Canyon is associated with a series of small springs or seeps that support a few wetland type plants. However, based on'the jurisdictional delineation prepared by Glenn Lukos Associates, there are no typical wetlands or riparian areas on the project site. The Lukos study identified a total of 8.10 acres of area under the jurisdiction of the California Department of Fish and Game, of which 1.46 acres are proposed to be filled as part of this project. None of the project site was identified in the Lukos study as being jurisdictional waters of the United States.The project design totally avoids the Desert Palm Oasis habitat in Eagle Canyon, both during construction and occupancy. Thus, no riparian, wetland or other sensitive habitat will be adversely impacted by the proposed project. Mitigation is provided in accordance with CDFG standard requirements to offset the loss of waters of the State and to protect the sensitive Desert Palm Oasis habitat in Eagle Canyon. 5.10-4 Grading and construction shall be restricted to minimal activity and regulated within 100 yards of the rim of Eagle Canyon. This requirement shall be incor- porated intothe Storm Water Pollution Prevention Plan(SWPPP)prepared forthe project with specific erosion control measures and appropriate access controls ' identified in the SWPPP, including signage and fencing. 5,10-5 Construction boundaries and access control shall be established in the field adjacentto Eagle Canyon and all unauthorized construction employee access or trespass into Eagle Canyon shall be controlled during project construction, except hiking on the Araby Trail and that required to protect and maintain the desert fan palm woodland. The developer shall retain a qualified desert ecologist and rehabilitate/clean-up the palm oases and shall also monitorthe qualityof the habitat at least annually,with a report submitted annuallyto the City regarding the status of the palm oases habitat quality relative to it current condition. 5.10-6 Explicit instructions regarding waste disposal shall be established by the developer and approved by the City. No dumping or abandoning of chemicals, debris,trash or other materials shall be permitted in the vicinity of Eagle Canyon, or on any other portion of the site,except in designated disposal bins or areas. 5.10-10 Prior to initiation of grading activities within stream channels to be filled, the applicant shall obtain concurrence from the Corps of Engineers and Regional Board that the channels to be filled are not jurisdictional and shall notify the California Department of Fish and Game to obtain a Streambed Alteration Agreement(if required by law). Upon completion of construction all drainages shall be revegetated using native plants such as catclaw(Acacia),desert lavender (Hyptis), honey mesquite(Prosopis) and smoke tree(Psorothamnus). 5.10-19 The home sites overlooking Eagle Canyon (see Figures 2-5 and 2-6) shall be removed. 5.10-21 To offset the loss of approximately 1.46 acres of stream channel habitat, the ' developer shall provide 1.46 acres of compensatory riparian habitat of higher quality than presently exists or purchase 1.5 acres of riparianlwetland habitat mitigation bank credits offsite. The Cityfinds that this compensation is sufficient -32- 16C Resolution 20993 Page 36 { to meet the loss of channel habitat on the property, but this value may be increased (not decreased) in accordance with acquisition of a 1603 Streambed Alteration Agreement from the California Department of Fish and Game. A copy of the Agreement shall be provided to the City prior to initiating ground disturbance on the project site. Finding: With the implementation of the referenced mitigation measures, the potential impacts to riparian/wetland resources and to the sensitive Desert Palm Oasis habitat will be controlled or mitigated to a less than significant impact level. This is accomplished through avoidance, control of onsite activities during construction and occupancy, and compensation for loss of waters of the State (the 1.46 acres of channel area that will be filled. d. Substantially interfere with movement of fish or wildlife species, a migratory wildlife corridor or wildlife nursery site: Facts: There is little or no current documentation that the project site is actively used as a wildlife corridor. The topography and isolation south of Murray Hill ridge is better suited to serve as a wildlife corridor, particularly for PBS. The upper portion of Eagle Canyon is not incised, is relatively flat and open with no escape territory. It is the lower point in a saddle between Murray Hill ridge and the frontal ridge which is being proposed for development. Murray Hill and the ridges to the west of this topographic feature provide good escape terrain and a steeper route to connect to the Bureau of Land Manage- ment property west of the site. Several recent observations of sheep in this area have ' occurred in the vicinity of the Garstin Trail near Palm Canyon. On occasion a sheep may wander onto the relatively-flat western portion of Eagle Canyon, but the data do not support this area as serving as a significant wildlife corridor for PBS. Finding: Historically, Eagle Canyon may have served as a wildlife movement corridor for mammals or birds from Cathedral Canyon seeking to access the Santa Rosa Moun- tains to the south. However,with the development of Cathedral Canyon,source popu- lations from the Coachella Valley dispersing into the mountains have been eliminated. There is also insufficient water for native fish to occur within the project site, so no potential exists to affect fish species as a result of developing either alternative Palm Hills project. No evidence of native wildlife nursery sites was developed during the surveys. For the key species of concern, PBS, the nearest lambing sites identified in the literature are located south of and off the project site. The distance is more than a mile to the southeast and no potential for either direct or indirect impact to such areas is forecast to result from implementing the proposed project due to access controls of onsite residents and visitors. The proposed project does not have any identifiable potential to directly or indirectly affect wildlife movement south of Murray Hill because neither, alternative development scenario will extend directly or indirectly into the area south of Murray Hill. Indirect effects, such as noise and light, will be fully attenuated by distance and topography. ' Based on the data available, which includes the manner in which PBS have adapted to human development in Rancho Mirage and the availability of movement corridors to the south of Murray Hill, the development of the Palm Hills properties for residential and recreational use is not forecast to cause significant indirect impacts to PBS or -33- Resolution 20993 Page 37 other wildlife movement through Eagle Canyon. With the protections from intrusion ' into Eagle Canyon included in mitigation measures 5.10-2 through 5.10-5 and 5.10-20, the limited movement in Eagle Canyon which is estimated to occur at present does not rise to a level of a significant adverse impact on wildlife movement. e. Conflict with local policies or ordinances protecting biological resources: Facts: The City of Palm Springs ordinances and codes do not have specific standards that must be implemented to protect biological resources. However, the General Plan contains five policies that apply to the biological resources identified on the project site. After reviewing the policies (Policies 5.5.2, 5.5.3, 6.5.4, 5.5.6 and 5.5.8) beginning on page 5.10-29 through page 5.10-31, the analysis indicated that the proposed project, with mitigation measures, could be implemented without causing a significant conflict with these local policies. Finding: The policies are being or can be fulfilled, at either the specific or general level, so that the project will not cause significant conflict with the referenced local policies. 10. Public Services a. Would the proposal have an effect upon or result in the need for hew or altered fire protection services: Facts: The City of Palm Springs Fire Department(Fire Department) provides these services ' to the project area. The Fire Department operates with a total of 17 on duty fire- fighting personnel available during each 24-hour period. The closest station to the proposed project (the station most likely to serve the site) is Station No. 445, approximately one mile northeast of the project area. Station No.445 would respond to all medical emergencies while all other calls would require a combination of all of the City's Fire Stations as needed. Maximum acceptable fire response time has been set at 5 minutes by the Fire Department. All structures built beyond the 5-minute response area for each station are required by the City's Community Fire Protection Plan to install automatic fire sprinklers and other built-in fire protection equipment,as deemed appropriate by the Fire Department. In addition, any development in and around hillside areas are also required to install automatic fire sprinklers. A review of the available plans by the Fire Department indicates that there is insuffi- cient data to determine the response time, however, due to the anticipated steep grades, the project will probably be outside the 5 minute response time. This project will result in human occupancy structures and uses being located within an undeveloped hillside area and thus expose these uses to wildland fires and increase the potential for humans to cause such fires. The Fire Department also anticipates that the majority of new calls will be of the medical aid variety. The Fire/Management Plan has been designed to: (1) provide suitable access for fire fighting and other emergency vehicles; (2) provide a fire retardant buffer between the ' development and surrounding hillsides; (3) provide adequate water supply for fire fighting purposes. Emergency access is provided by all proposed project roadways as well as gated emergency access roads not accessible to the general public. The -34- Resolution 20993 Page 38 roadway system has been designed to meet fire department standards and will provide a means of ingress for emergency vehicles while also allowing escape routes for use by project residents and guests. Fire buffer areas are composed of a fuel modification zone in which the type and nature of landscaping is controlled, and in which clearing is required on an occasional basis. Because the golf course portion of the project is remote from initial vehicle access points, medical emergencies are of concern. Based on the distance and time of travel required for first responders, the City Fire Depart- ment has required implementation of the following mitigation measures. 5.11.3-1 Access roadways shall be designed to Fire Department specifications forwidth and grade and allow for routes which accommodate incoming emergency vehicles and outgoing evacuation of residents and guests. To accomplish this, the following design standards shall apply., • access roads shall be a minimum of 20 feet in width and capable of supporting a weight of 50,000 pounds. • access roads shall not exceed 12 percent grade except for short stretches with a maximum grade of 15 percent. • turnarounds are required for dead end streets in excess of 150 feet long. 5.11.3-2 "Knox Boxes"shall be provided at all gates as appropriate to allow emergency access throughout the site. 5.11.3-3 The golf course lakes shall be designed to allow access for pumper trucks to refill and for rotor-wing aircraft to hover fill during fire fighting operations. 5.11.3-4 All habitable structures or other structures shall be sprinklered if deemed necessary by the City Fire Department. 5.11.3-5 The project shall utilize fire resistant exterior building materials, including a minimum of Class A building roofs. Wood roofing materials are prohibited. 5.11.3-6 The project applicant shall design and construct all water mains,fire hydrants, and onsite circulation in accordance with City of Palm Springs Fire Department rules and regulations prior to the issuance of occupancy and building permits. 5.11.3-7 The project's developer shall create and implement, with consultation and approval from the City of Palm Springs Fire Department,a fuel modification and maintenance plan where necessary,which provides fire safetybuffertreatments between natural open space and planned buildings and which provides for long term maintenance of the buffer, prior to the issuance of occupancy permits. Maintenance under the plan shall continue for the life of the project,by the property owners association (Palm Hills Homeowners Association) and indi- vidual owners. 5.11.3-8 The construction of this project shall utilize, to the extent feasible, non- combustible building materials, and fire resistant ornamental vegetation, subjectto Fire Department approval priorto the issuance of occupancy permits. 5,11.3-9 The project applicant shall create and implement, with consultation and approval of the City of Palm Springs Fire Department, a program that establishes methods and equipment needed to provide adequate emergency assistance and response in remote areas of the golf course and all of the development prior to issuance of occupancy permits. 5,11.3.10 Water service shall be available to the golf course area prior to the start of construction. -35- Resolution 20993 Page 39 5.11.3-11 The project shall include the provision of a small onsite fire and medical aid ' station.Qualified emergencytraining technicians and/or paramedics shall man this section. Funding for the facility shall be defined in the Development Agreement approved for the project. Finding: The development scenarios identify an annual contribution of less than a one percent increase in permanent population and tourism to the City. This increase, while indivi- dually insignificant, does contribute to population growth and increased tourism with a resulting increase in demand for police services. The City has historically been able to accommodate such growth by utilizing the additional revenue generated by the growth to expand emergency services to meet the increased demand. It is anticipated that revenue generated by the commercial and residential uses proposed will generate sufficient tax revenue to the City and allow the continued provision of adequate emer- gency services. The City's use of revenue from this project and other projects within the City to provide adequate emergency services will reduce the cumulative impacts to such services to an insignificant level. This conclusion is based on the project's contribution to the tax base which will provide funding for the additional facilities and fire/emergency personnel required to address the proposed project's contribution to demand for such services. Implementation of this proposed project has some potential to result in adverse impacts to fire protection and emergency response services. Mitigation has been provided to reduce potential impacts to a less than significant level. b. Would the proposal have an effect upon or result in the need for new or altered law enforcement services: ' Facts: There are currently 87 sworn officers and ±50 non-sworn staff employed the PSPD. These figures yield an existing officer ratio of one sworn officer to 475 residents for the City's existing (January 2002 Census Data) permanent population of 43,500. The department estimates that during peak season, certain weekends and holidays when tourists and part-time residents are present,the temporary population can reach about 90,000 people. This results in a ratio of about one officer per 1,000 persons in the City. The department currently has a desired ratio of 1.5 to 2 officers per 1,000 population, but there is no industry-wide standard for this ratio. Typically,the type of crime associated with this type of project are theft,vandalism,and hotel and residential crimes. Such projects typically do not substantially drain police resources. Violent crimes are not usually associated with this type of project. Response times to emergency calls from the project site are expected to be within the Department's desired 5-minute response time standards. The Police Department has also expressed concern that steep grades on proposed roadways,the increase volume of traffic and the vulnerability of the site to vandals and thieves, both during construction and operation could present a policing problem. The Police Department recommends that design and development of the project include consultation with the Police Department to reduce the potential for traffic and crime impacts. This issue is addressed in mitigation below. Based on population projections provided in the Specific Plan, it is anticipated that the ' original plan could generate the need for between three to six additional police officers based on current officer to population ratios. The Palm Hills project will be a gated -36- J60 e. $9 Resolution 20993 Page 40 community and have employee security personnel to further reduce the potential for crime to occur onsite. 5.11.2.1 Prior to construction, the project developer shall retain a security design consultant to review and provide trespass and safety recommendations on the design and construction of the project. This plan shall be reviewed and approved bythe City's Police Department. The plan shall incorporate sufficient measures to ensure that trespass and safety of the site are protected in accordance with professional standards for the type of activities and facilities. Finding: This project will generate revenue for the City in the form of sales taxes, bed taxes, and property taxes. This revenue will be available to the City's General Fund which is utilized to fund law enforcement needs. Based on the proposed development scen- arios, it is projected that this project will not result in inadequate law enforcement services or a significant reduction in police response times. c. Would the proposal have an effect upon or result in the need fornew or altered school capacity. Facts: The enrollment to capacity figures for elementary and middle schools would indicate there is remaining capacity, although there may be no capacity for a particular grade level. This school year, the PSUSD has closed K-2 classrooms at many elementary schools. New incoming students may be bussed to alternative schools with available capacity. The PSUSD is utilizing portable structures to the maximum extent possible at elementary schools. Constraints that limit the use of portable structures include the electrical, fire alarm, and communication system capabilities at the school site. At this time, it is projected that development of these 547 single-family residents will take about 15 years to complete. If construction occurs on a consistent basis for 15 years, about 37 new residences will be constructed within the Palm Hills Specific Plan area each year. If the Allottees land does not develop as rapidly as the Palm Hills Land Corp property, about 16 new residential units will be constructed annually. The PSUSD utilized a student generation factor for single-family development of 0.4438 students per housing unit. Based on this factor, it is projected that develop- ment of the Palm Hills Specific Plan will generate between 7 and 17 new students annually to the public school system. Based on the above, buildout of the Palm Hills Specific Plan in about 15 years could result in about 260 students attending PSUSD schools. To offset potential impacts to school facilities, the PSUSD presently collects developer fees of$2.14 per square foot for residential units and $0.34 per square foot for commercial/industrial development. These school impact mitigation fees are subject to increases. Assuming that residential units will be about 3,000 square feet in size and that 37 units will be constructed any given year, these units will generate about $267,510 per year utilizing the present fee structure (37 x 3,000 x $2.14). 200,000 square feet of resort development will generate about $68,000 in fees (200,000 x $0.34) under the current fee structure. Based on data provided by the PSUSD,new development will adversely impact the school system particularly in grade levels K-5. The Palm Hills develop will be required to payall state mandated(Government Code Section 65995) developer impact fees prior to building permit issuance. -37- Resolution 20993 Page 41 Finding: By paying mandatory fees the proposed project offsets its contribution to project , specific demand impacts to the local school system. No significant unavoidable adverse impacts to school facilities will result from specific project implementation with implementation of the identified mitigation. See the next section for a discussion of cumulative impact on the local school system. d. Would the proposal have an effect upon orresult in the need for new or altered park and recreation services: Facts: There are approximately 152 acres of City-owned and developed park land within the City of Palm Springs. Utilizing a population estimate of 43,500 existing permanent residents within the City, the current ratio of developed parkland is 2.86 acres per 1,000 population. As stated by the City's Parks and Recreation Department, existing City parks and recreational facilities are insufficient to serve the current City residents. The amount of park space within the City is almost 70 acres short of the national parks and recreation standards,which call for 2.5 acres of neighborhood park land per 1,000 population and 2.5 acres of community park land per 1,000 population. Although City-owned parks are short of national recreation standards, there are many other recreational opportunities within or in close proximity to the project site. Several golf courses which are open to the public can be found within the City limits. A large system of hiking/equestrian trails is also located in the southern and western portions of the South Palm Canyon area, while bikeways have been established along Sunrise Way, Tahquitz Canyon Way and Ramon Road, with incremental bikeway segments along other major thoroughfares. The Palm Hills Specific Plan encompasses about 1204.1 acres. Of this area, about 320.9 acres will be devoted to the development of structures, parking lots, roads, etc. and 883.2 acres will be devoted to open space and recreation including a golf course, pool, tennis courts, trails and other recreational facilities associated with the hotel/resort. The golf course will be open to public use.The Specific Plan also includes a Trail Management Program that addresses two primary user groups. First, the project will accommodate the general public by providing connecting trails within natural open space areas to cross the property and link with existing trails at the project boundaries. Second, the project will provide a system of walkways internal to the project for the use of residents and visitors. To maintain a minimum 3 acres/1,000 residents or achieve the General Plan goal of 5 acres/1,000 residents,the City will need to mitigate the impact of future residents and visitors to the project site. The demand for park capacity is considered to be a poten- tially significant impact. To mitigate the potential impact from project demand for park capacity,the developer will be required to pay a fee for all new residential development that is based upon either the adoption of a park land dedication or in lieu fee program, or a fee based upon the estimated cost of developing and acquiring five acres of park land per 1,000 residents of the project. Implementation of this measure is sufficient to reduce the impact of project demand for park resources to a less than significant level. , 5.11.4-1 The project has been designed to provide internal trail linkages,some of which must be realigned from existing locations within the property. The following -38- f�� Resolution 20993 Page 42 links are provided along existing or realigned trails to approximate the existing level of trail access on site: • to the Araby Trail on the northwest, • to the Clara Burgess Trail on the south, • to the"Hofbrau"palm oasis in Eagle Canyon, • Cathedral City to the Wildhorse, Garston, and Araby Trails along the dirt road used by mountain bikers. 5.11.4-2 The project developers(PHLC and Allottees)shall consider the installation of a perimeter trail on the north side of the site to allow trail users to hike into the area without going deep into Murray Hill Ridge. This new trail will be evaluated separately after an alignment is identified in the future. 5.11.4-3 The developer shall pay a park land dedication fee based upon the number of permanent residents and transient visitors if such fee is adopted by the City Council;or,alternatively the project shall dedicate or fund development of five acres of park land per 1,000 permanent residents. Finding: With the above measures, it is concluded that this project will not result in population growth that exceeds that envisioned by the City's General Plan. The City is currently evaluating the need to implement a park land or in lieu fee program pursuant to the Quimby Act. The project will directly and indirectly increase the public park needs throughout the community. No significant project specific or cumulative adverse park resource impacts can be identified based on implementation of proposed mitigation. e. Would the proposal have an effect upon orresultin the need fornew oralteredpublic facilities not already addressed. Medical Care Facts: The project area is served primarily by Desert Hospital in Palm Springs, located at 1150 North Indian Canyon Drive, approximately 5 miles from the project site. Desert Hospital contains 388 licensed beds and operates at about 52 percent capacity year- round. Twenty-four hour Emergency and Trauma Center Facilities are available with at least one full-time physician on duty. Other major health care facilities in the area are the Eisenhower Medical Center (EMC) in Rancho Mirage and John F. Kennedy Memorial Hospital (JFK) in the City of Indio. Desert Hospital has a larger capacity for in-patient care than either of these two facilities (EMC operates approximately 238 beds while JFK operates approximately 130 beds). Assuming a consistent annual development schedule and growth rate over the 15-year development period, the Palm Hills project could generate about 216 new residents and guests per year. If the hotel is constructed first, full occupancy would result in about 842 people per day being present onsite (351 rooms x 2.4 people). Under any anticipated development scenario, it is anticipated that more than 1,000 new residents or guests at this project could be present on any given day of any year. As Desert Hospital is funded through the issuance of bonds and by user fees and donations, it is expected that its facilities will expand as necessary to accommodate the demand for medical facilities, thus mitigating any need generated by the project. Finding: The ability to expand the affected health care system as cumulative demand increases is consistent with the findings in the City General Plan Environmental Impact Report -39- Resolution 20993 Page 43 (Subchapters 6.1.5 and 7.1). No significant unavoidable adverse impacts on health ' care facilities will result from project implementation. Library Facilities Facts: The area which includes the project site is served by the Palm Springs Public Library (PSPL), which operates one public library facility located at 300 South Sunrise Way, approximately 3 miles southeast of the project site. Funding for the library comes primarily through the City's General fund (approximately 80% of total funding). The remaining 20% comes from private gifts, investments and state subventions. There is no separate development impact fee in place for library services. The residential portion of this project will increase both full and part-time residents of the City. The hotel, vacation ownership units (VOU), and golf course will increase tourism. It is not anticipated that the tourism will affect library resources. The residential development does have the potential to increase the demand for library services. The City librarian projects that single-family residences add about $60 per unit in annual library costs. Finding: This project will generate tax revenue in the form of property, sales and use taxes. The City Librarian anticipates that this project's contribution to the City's General Fund revenues will be sufficient to mitigate the additional costs and demands for library services. No significant unavoidable adverse impacts on library services will result from project implementation. Public Transportation Facts: The SunLine Agency provides bus service to the City of Palm Springs and throughout Coachella Valley. Because the site is not developed, no bus service is available to the site. Service nearest the site is provided by the Sun Bus Route 111 which travels Highway 111 (Palm Canyon Drive). The nearest stop is at the Rim Rock Shopping Center about one-half mile, along the proposed Palm Hills Drive from the project boundary. Presently, SunLine service along Highway 111 includes buses every 25 minutes from 5 a.m. to 10 p.m. New routes are evaluated as requested. SunLine evaluates the proposed service area and if deemed feasible takes the proposal to an advisory board to determine if expanded service is warranted. The Board of Directors makes the final decision on new routes. The resort portion of the project will cater to vacationers from outside the area and golfers including those from the Palm Springs area. It is not anticipated that people utilizing the resort and golf facilities will place a significant demand on SunLine Transit services. It is possible that some employees of the golf course, timeshare units and resort may choose to use the public transit system. Due to the current number bus trips available along the Route 111 (36 per day), it is not anticipated that these employee trips will cause an increase in transit ridership beyond Sun Line's capabilities to provide service. However, they will need transportation from site to the bus stop. Mitigation for transport from Rimrock Shopping Center to Palm Hills will be implemented as follows. -40- Resolution 20993 Page 44 5.11.8-1 The Palm Hills development shall provide transportation for employees from Route 111 and Palm Hills Drive to work locations at the beginning and and of work shifts. Finding: Implementation of this project, when combined with other new development, has the potential to increase the demand for public transit service. As demand increases, SunLine Transit has the ability to increase routes and service areas, once justified by demand. If user demand is adequate to warrant additional routes,SunLine Transit can increase its service capabilities. No cumulative adverse impact can be identified. No significant unavoidable adverse impacts on public transportation will result from project implementation. 12. Utilities and Service Systems a. Would the project exceed wastewater treatment requirements: Facts: Wastewater disposal services at the project site are provided by the City of Palm Springs. The City operates one wastewater treatment facility designed to treat waste- water to secondary standards. The wastewater treatment plant has a design capacity of 10.9 million gallons per day(MGD) and is located at 4375 Mesquite Way in the City of Palm Springs, California. The current annual daily average treatment demands is 7.5 MGD. A treatment plant expansion is being investigated that would increase the total daily treatment capacity to about 13.9 MGD. According to the Palm Hills Specific Plan Wastewater Master Plan(Wastewater Master Plan) prepared by CM Engineering Associates, Inc. and updated by Dudek & Associates in 2001 (Addendum Report), existing sewer lines with adequate capacity to accommodate the wastewaterflows generated by the project are located in Highway 111 and Broadmoor Drive. An existing recycled water distribution line is located at Gene Autry Trail and Tahquitz Creek Wash. Buildout of the project will result in the contribution_of 0.42-0.43 MGD to the City's wastewater collection and treatment system. This total wastewater generation will occur in about 15 years. It is not possible to estimate what the City's wastewater treatment plant's capacity will be at that time. Based on available schedules, it is forecast that the maximum increase in wastewater generation associated with this project will not exceed about 200,000 gpd in a given year. The Wastewater Master Plan determined that adequate capacity exists in the existing wastewater collection and treatment facilities to accommodate this project. Collection facilities must be constructed onsite by the developer to transmit the wastewater generated onsite to the City's existing system. Irrigation water will be supplied from the DWA recycled water plant. The plant has a maximum treatment capacity of 10 MGD and averages about 3 MGD. The amount of water treated is based on the demand for unrestricted use irrigation water and the DWA's ability to provide the water. This project proposes to connect to an existing 16-inch pressurized recycled water line located at Tahquitz Canyon Wash and Gene Autry Trail. -41- Resolution 20993 Page 45 Both the City of Palm Springs and the DWA have standard requirements that are ' imposed on projects prior to allowing connection to their respective facilities. These requirements include, but are not limited to, paying user and connection fees, constructing required system improvements,and granting all necessary easements to accommodate the needed facilities. Finding: As with the City's wastewater treatment plant,the DWA also charges users connection fees that are intended to fund future expansion on a fair share basis. No cumulative significant adverse effect on the recycled water services will result. No significant unavoidable adverse impacts to wastewater collection and treatment services and facilities will result. No such impacts to the provision of recycled water will occur. Therefore, the proposed project would not cause any wastewater treatment plant to exceed any treatment requirements. b. Require construction of new water or wastewater treatment facilities or expansion of existing facilities, which could result in significant impacts: Facts: Please refer to issue a. above for a discussion of wastewater facilities. Based on existing capacity, there will be no requirement to construct new or expand existing wastewater treatment facilities. Finding: Based on the data available, the proposed project will not cause a significant adverse impact on the water supply system, including any need to expand the existing water treatment, storage and delivery system. Other than mandated requirements for low water consuming fixtures in buildings and a landscape design that minimizes water consumption, there are no mitigation measures that need to be implemented to minimize site development consumption of water in the future. C. Require construction of new stormwater drainage facilities or expansion of existing facilities which could cause significant environmental effects: Facts: As described in the discussion of Hydrology/Flood Control/Water Quality issues, the project site will not increase the volume of runoff from the project site and no new stormwater drainage facilities would be required from project implementation. Finding: Due to the onsite control of stormwater runoff, the proposed project will not require construction of new stormwater drainage facilities or expansion of existing facilities which could cause significant environmental effects. d. Have sufficient watersupplies available from existing sources or require acquisition of expanded entitlements: Facts: The project site lies entirely within the service area of the Desert Water Agency(DWA) for domestic potable water. According to the DWA, its primary source of water(95%) is groundwater obtained from the Palm Springs subarea of the Whitewater River subbasin. The major natural sources of groundwater recharge include infiltration of stream runoff from the San Jacinto Mountains and the Whitewater River along with ' subsurface inflow from the San Gorgonio Pass subarea. Groundwater recharge from direct precipitation in the Palm Springs subarea is considered negligible. -42- Resolution 20993 Page 46 ' Another source of groundwater recharge is the Colorado River water obtained via an agreement between the Metropolitan Water District of Southern California (MWD)and DWA, which exchanges this water for DWA's share of State Water Project (SWP) water from Northern California. MWD water has been used for groundwater recharge since 1973. The existing recharge program has effectively managed groundwater resources and reduced drawdown of the water table in the upper Coachella Valley groundwater basin. The remaining 5 percent of the water supplied by DWA is surface water, which comes from three streams, Snow Creek, Falls Creek and Chino Creek. It is projected that development of the Palm Hills Specific Plan will consume the following amount of water 742,000 gallons per day,or a little over two-acre feet per day at full buildout. Irrigation water for the golf course and landscaped open areas will primarily be recycled water obtained from the DWA. According to the Water Master Plan, the provision of domestic water service to the PHLC property and,the Allottee land will require the construction of three water booster pump stations and three new water storage reservoirs. Two of the reservoirs and pump stations are required to serve the PHLC property. The third reservoir and pump station will be needed if the Allottee land is developed. The Water Supply Assessment(SB 610)evaluated DWA's current and future sources of water,conservation measures, and projected population and water consumption growth rates. DWA estimates that full development of the Palm Hills Specific Plan will account for about one percent of the water consumed in its service area in 2018. Based on data provided in the Water Supply Assessment, DWA has made a written finding (SB 2211 that"sufficient water supply" is available to support the Palm Hills Specific Plan project. All new water distribution and storage facilities to serve this project will be installed by the developer. The developer will also pay all required fees prior to connection to the water system. To minimize water demand, the following measures will be implemented. 5.11.9-1 All appliances such as showerheads, lavatory faucets and sink faucets shall complywith efficiency standards set forth in Title 20,California Administrative Code, Section 1604(f). Title 24 of the California Administrative Code, Section 1606(b) prohibits the installation of fixtures unless the manufacturer has certified to the California Energy Conservation Compliance with the flow rate standards. Said facilities to be installed prior to issuance of occupancy permits. 5.11.9-2 The project landscape plan shall incorporate drought tolerant plant materials and other methods to achieve water conservation to the maximum extent feasible. The plan shall be submitted to the Department of Planning and Building prior to the issuance of grading permits. Finding: Based on the detailed Water Supply Assessment analysis, the proposed project will not require new or expanded water entitlements. The mitigation measures listed above will reduce potential direct water supply impacts associated with this project to a level of insignificance and no significant unavoidable adverse impacts on water supply will result from project implementation. 1 -43- Resolution 20993 Page 47 e. Result in a determination bya wastewater treatmentprovider that insufficient capacity ' exists at the wastewater reclamation facility: Facts: Adequate wastewater treatment capacity has been identified by the DWA Wastewater Master Plan for the City of Palm Springs' current and immediate future demands, including the proposed project. Finding: Therefore,the proposed project will not exceed DWA's treatment capacity and require expansion of the existing plant. The project will not result in a significant impact. f. Be served by a landfill system with adequate capacity: Facts: The proposed project would be serviced by Palm Springs Disposal Service, which utilizes the Edom Hill landfill located at 70-100 Varner Road,Cathedral City,California. The Edom Hill landfill service area includes the cities of Palm Spring, Palm Desert, Cathedral City, Desert Hot Springs, Rancho Mirage, Thousand Palms, North Palm Springs, Whitewater and Garnet. This is the only landfill within the Coachella Valley since the closure of the Coachella Landfill in May 1997. The County of Riverside operates three landfills that could accept wastes presently disposed of at Edom Hill. These landfills are: • Lamb Canyon near Hemet which is permitted to operate until 2024; • Badlands near Moreno Valley which is permitted to operate until 2014; and • El Sobrante near Corona which is permitted to operate until 2031. Buildout of the project could generate about 1,900 tpy of solid wastes. This converts to about 5.2 tpd. Based on the current waste disposal rates at Edom Hill, this represents less than one-half of one percent of the current waste disposal activities occurring at Edom Hill. Development of this project will result in about 37.1 acres of grassed area for tee, greens and fairways or about 65 percent of that turfed area. Assuming a weight of one-half ton per cubic yard of green wastes, it is projected that the golf course will generate an average of about 2 tpd of green wastes. There is a potential for the project to produce small quantities of household hazardous waste. To ensure that hazardous wastes are not being disposed of in the municipal landfill, Riverside County has initiated a landfill load checking program at the landfills it operates. Mitigation will be implemented to minimize the amount of solid waste that will be disposed of in regional landfills. 5.11.11-1 The project operator(s)shall participate in the Palm Springs curbside recycling collection program. 5.11.11-2 The project operator(s) shall be required to dispose of green waste at appropriate cogeneration and composting facilities. Finding: Adequate capacity exists within the County's solid waste management system to meet ' the requirements of the proposed project. This project is consistent with the City's General Plan land use and density designation and is therefore included in the County's solid waste generation forecasts. Thus, potential cumulative and project -44- Resolution 20993 Page 48 ' specific impacts to the solid waste system are non-significant. Based on these data, the proposed project's contribution to cumulative solid waste generation, about 1,900 tons per year is not deemed to be cumulatively considerable. Given the low number of additional residences associated with the project relative to the hauling area for Edom Hill, and the fact that a load checking program is in place, there will be no significant impacts on the landfill due to household hazardous waste. g. Comply with federal, state and local statutes and regulations regarding solid waste; Facts: By participating in the City's source reduction and recycling element, the proposed project will comply with all statutes and regulations for management of solid waste. The proposed project does not pose any significant or unique management require- ments. Findin : The project will fully comply with all statutes and regulations regarding solid waste. The project will not cause a significant impact. Telephone and Cable Television Facts: Telephone and cable telephone services are provided to the project area by Verizon (formerly GTE) and Time Warner Cable (TWC), respectively. Verizon and TWC currently have services facilities on Highway 111 at the Rim Rock Shopping Center (Broadmoor Drive and Gene Autry Trail). Palm Hills Drive, the project's access road, ' is the southerly extension of Broadmoor Drive from Highway 111. Verizon can provide service at no charge within 700 feet of its existing facilities. Service beyond that distance is charged $1.75 per lineal foot for the service extension. Buildout of the project areas will add to the overall demand for telephone and cable television services. Verizon has indicated that it can provide telephone serve for the project with reinforcement of existing facilities. Extension of telephone service can be provided subject to Verizon's cost recovery rules and providing the proper advanced notice is provided to Verizon. All trenching for placement of additional facilities will be the responsibility of the developer. Therefore, the project will not have a significant impact on the ability of Verizon to serve the site. TWC has the ability to provide cable television service to the project. However, as with any telephone service extension, the project applicant will be required to provide the trench for laying the television cable. Coordination between the two companies will ensure joint undergrounding of both facilities. Findjng: Implementation of this project, when combined with other new development, will increase the demand for telephone and cable television service in the project area. According to available data, both Verizon and TWC have the capacity to provide this service within their respective service areas, provided proper arrangements with these companies are made by developers. No significant unavoidable adverse impacts on telephone and cable television service will result from project implementation. -45- Resolution 20993 Page 49 h. Conflict with adopted energjr conservation plans? , Electricity Facts: The project site is located within the service area of Southern California Edison Company(SCE). SCE has existing electrical supply facilities in Highway 111 adjacent to the project site. SCE provides electrical service to its residential, commercial and industrial customers through a network of transmission, substation and distribution systems with a peak demand of 17,000 megawatts. The energy consumption of new buildings in California is regulated by the State Building Energy Efficiency Standards, embodied in Title 24 of the California Admini- strative Code. The efficiency standards apply to new construction of both residential and non-residential buildings and regulate energy consumed for heating, cooling, ventilation, water heating and lighting. The additional 4 to 5 MW of electrical energy for the Palm Hills project, developed over several years, when added to a system with average annual peak capacity of 44,690 MW should not overly tax the ability of a fully functioning industry to serve the new load. The large volume of potential new generation stimulated by the Summer 2000 shortages indicates that electrical power supply is not an issue. Project-related electricity demand for the project at buildout is estimated at 10,230,386 kilowatt hours per year. It should be noted that these consumption figures are based ' on "buildout"'of the project which is estimated to take 15 years. To ensure that electricity consumption is minimized the following mitigation measures will be implemented. 5.11.12-1 As determined by the CPUC approved SCE Tariff's specifically Rule #15,the project applicant shall be responsible for paying the costs of the necessary electrical line extension to the project site,onsite distribution system,and any other associated service components prior to the installation of that system. 6,11.12-2 As determined by SCE, the project applicant will grant to SCE any electrical easements necessary for the installation, operation, and maintenance of the electrical distribution system prior to the installation of the system. Finding: This project when combined with other new development will increase the demand for electricity from SCE. Based on SCE's current capacity plus the available potential, additional capacity, it is concluded that this project's specific and cumulative effect on the available supply of electricitywill be non-significant.This finding is supported bythe detailed analysis in the Palm Hills Specific Plan Energy Technical Report by Ralph E. Hitchcock & Associates which addresses the ability of SCE to meet energy demand within its whole service area. Natural Gas Facts: The Gas Company currently provides service to the City of Palm Springs and the Palm ' Hills project area. As a public utility they are under the jurisdiction of the California Public Utilities Commission as well as certain federal energy regulatory agencies. As -46- Resolution 20993 Page 50 a regulated utility they provide or extend service in accordance with the tariffs on file and approved by the CPUC. Under the existing infrastructure, the state has approximately 6,900 million cubic feet per day(MMcfd) of pipeline receipt point capacity and approximately 1,200 MMcfd of intrastate expansions in process. The interstate has a current total capacity of approxi- mately 7,040 MMcfd at the California border interconnections and there is approxi- mately 7,000 MMcfd of additional interstate capacity in various forms of completion over the next 10 years. The Palm Hills project natural gas requirements are estimated to range from 64.2 to 65.8 MMcfd (see Tables 5.11-8 and 5.11-9 of the FEIR. The identified system infrastructure and capacity additions for the State clearly exceed these minimal requirements. The State and Federal agencies who regulate the gas utility have made no deter- mination that gas supplies are critical or that we have a predictable supply shortage. However, to minimize natural gas consumption, the following measures will be imple- mented. 5.11.13-1 The applicant will execute the appropriate contracts for service and pay the applicable line extension fees priorto the installation of the natural gas service facilities. 5.11.13-2 The applicantwill executethe appropriate rights-of-waydocumentsto allowthe Installation of the serving facilities prior to the installation of the natural gas service facilities. Finding: This project, when combined with other new development, will increase the demand for natural gas. Based on the TGC's known reserves and supply capabilities, this contribution to increased demand is considered project specific and cumulatively non- significant. Based upon the findings presented in the FEIR, the above described environmental issues have been determined by the ,City to be: (1) adequately addressed in the FEIR; and (2) impacted to a degree deemed by the City to be less than significant with implementation of the mitigation measures identified above and summarized in the Mitigation Monitoring and Reporting Program. No substantial evidence was subsequently presented to or identified by the City which further modified or otherwise altered the City's less-than-significant impact determination for each of these environmental issues. Changes or alterations in the project in the form of mitigation measures, design guidelines and City standards have been required in, or incorporated into the project, and they mitigate or avoid the significant environmental effects thereof as identified in the FEIR. These changes or alterations are within the responsibility and jurisdiction of the City of Palm Springs and such changes have been adopted by the City. The City Council further finds that no additional mitigation measures or project changes are required to reduce the potential impacts discussed above to a less than significant level. This concludes the summary of environmental impacts that were identified in the FEIR and the Initial Study as nonsignificant impacts with mitigation related to implementation of the ' proposed project. -47- - Resolution 20993 Page 51 F. SIGNIFICANT UNAVOIDASL EFFECTS OF THE PROJECT ' The Palm Springs City Councii finds tht despite the incorporation of extensive changes and altera- tions into the proposed project, approving and implementing the PHSP Project will allow impacts to several environmental issues to remain unavoidably significant because these impacts cannot be mitigated to a nonsignificant level. These unavoidable significant adverse environmental impacts are a mix of cumulative and project specific effects that are either caused directly by the proposed project or a cumulative significant effects to which the proposed project will contribute. These unavoidable significant environmental effects are discussed in this section of the Facts and Findings. These impacts and the measures identified to minimize them to the extent feasible are summarized below. Thus,the potential for significant effects to occur for the following issues would continue to exist regardless of whether or not the project implements the project changes and mitigation measures mandated by the City of Palm Springs in the FEIR. The potential physical impacts of the project on the resources and existing background conditions were concluded to be significant based on the whole record which demonstrates that these impacts could not be reduced below thresholds of significance by the proposed project changes to the PHSP Project (alternatives, mitigation measures City imposed standards or project design changes). To the extent that future PHSP Project development phases implement the project as proposed in the FEIR, approval of the PHSP Project contributes to the significant impacts as described in detail below. Thus, despite the incorporation of available changes to the proposed project, the following impacts cannot be fully mitigated to a level of insignificance and a statement of overriding consideration is thereby adopted, which balances the project's benefits and these ' unavoidable significant environmental effects of the project. 1. Land Use Significant Unavoidable Impacts c. Project is incompatible with existing land use in the vicinity: Facts: The project site is still used for low level recreational activity, including trespass activities, such as hiking, biking and equestrian activities. The site has been designated as critical habitat for the Peninsular Bighorn Sheep (PBS). PBS have not been observed on the project site by any of the biologists surveying the site for the past several years, but there is anecdotal evidence of PBS use of the site in the past.There are no urban or suburban land uses on the project site,so no incompatibilities between the proposed project and any urban uses were identified. The proposed project will allow continued use of the site for recreational activity, including the use of established trails (Araby, etc.) For that portion of the site that will be developed in the future on PHLC and Allottee property, the FEIR concluded that significant incompatibilities would occur exist between the existing recreational and PBS habitat functions of the property and the proposed project. Finding: Extensive mitigation has been identified to minimize the potential incompatibilities (Biology Measures 5.10-2 to 5.10-22 and recreation measure 5.11.4-1 and -2) from ' implementing the proposed project. However, the implementation of the project will have an unavoidable adverse impact on the existing recreation experience on the site and it will inevitably remove PBS critical habitat from the future range of PBS in the area. These are inherent and unavoidable effects of implementing the proposed -48- Resolution 20993 Page 52 ' project. All identified mitigation measures will be applied to the proposed project. Regardless, after implementing the above mitigation measures, both recreation and PBS habitat incompatibilities cannot be eliminated or reduced to a level of insigni- ficance when compared to the existing condition of the project site. Facts: In defining the procedural actions required for the proposed project to be imple- mentable, the City determined that it would be necessary for the PHSP Project to amend the General Plan. With approval of the proposed General Plan amendments, the PHSP Project has been determined to be consistent with the General Plan. However, the amendments affect visual intrusions on the Santa Rosa Mountain front slopes and future development densities with the Palm Hills planning area by allowing future visual intrusions and higher density development, even though the maximum density of development for each Palm Hills planning area is not increased. Finding: The FEIR concluded that the amendments to the General Plan text can cause future offsite, cumulative changes in the viewshed and future development densities within the Palm Hills planning area. Mitigation is not available to reduce the physical effects of the changed General Plan policies to a level of nonsignificant impact if approved by the City. e. Project conflicts with, or is inconsistent with, applicable environmental plans or policies adopted by agencies with jurisdiction over the project to the extent that the conflict is unavoidable and unresolvable: Facts: The project site is located within habitat designated by the U.S. Fish and Wildlife Service (Service) as critical habitat for PBS. The Service included the project area as part of the overall area required to recover the Santa Rosa PBS population (Final Recovery Plan, November 2000). The proposed project will remove a total of 411 acres of critical habitat from the management proscriptions and recovery effort for the Santa Rosa ewe group. Finding: Thus, the implementation of the PHSP Project will create a significant inconsistency with the adopted PBS Final Recovery Plan. The Recovery Plan identifies a series of recovery actions for the PBS, including the north Santa Rosa Mountains ewe group. The federal Recovery Plan is not binding on, and not mandatory for,a city or a specific private project, such as the Palm Hills project, which is not a federal project subject to federal jurisdiction. Under federal law, the Recovery Plan does not apply independently to state and local jurisdictions. The PHSP Project is not subject to federal jurisdiction because it is not a major federal action, subject to federal control and responsibility. The City of Palm Springs has sole jurisdiction, through its City Council, to approve or deny the project. The Recovery Plan is not an"applicable plan"under CEQA because the federal government does not have land use jurisdiction over the project. The EIR nevertheless analyzed the project's consistencywith the Recovery Plan in order to promote full disclosure of PBS issues to the decision makers and the public. -49- Resolution 2,0993 Page 53 t' 2. Transportation/Traffic ' Significant Unavoidable Impact b. Exceed, either individually or cumulatively,a level ofservice standard established by congestion management agency for designated roads or highways: Facts: In evaluating the cumulative effects of PHSP Project traffic on the area circulation system, it was determined that the incremental effects of the proposed project could be mitigated in the short-term by either installing new circulation system improvements or paying the project's fair share contribution to mitigate the cumulative effects of the traffic generated by the project. However, the FOR concluded that a potential for cumulative traffic/circulation system impact would result from the project based on two facts. First, although the project will pay its fair share for circulation system improve- ments, it is not possible for the project to ensure that.the required system improve- ments will be constructed prior to or as the actual impacts occur. Thus, there may be an undefined period when the area circulation system would experience significant effects, to which the project would make a considerable contribution. Second, when the City's circulation system is considered over the long-term, the City General Plan concluded that"Constraints on street-widening and construction of new streets ..... further increase the likelihood that some roadway segments in the valley will reach unacceptable levels of service at least during peak periods. Cumulative ' traffic impacts are therefore identified as significant and unavoidable." Finding: Thus,the project's contribution to long-term, cumulative circulation system operations is considered to be cumulatively considerable and significant. 3. Hydrology/Flood Control/Water Quality Significant Unavoidable Impact b. Substantially deplete groundwater supplies or create a net deficit in the aquifer: Facts: Please refer to the discussions of project specific groundwater issues in the previous section. Buildout of the Palm Hills Specific Plan area will result in the demand for about 742,225 gallons per day (gal/day) of potable water depending on which plan is implemented (see Table 5.11-3). This equates to about 806 acre-feet per year(AFY) of water consumption. The Water Supply Assessment (SB 610) evaluated DWA's current and future sources of water, conservation measures,and projected population and water consumption growth rates. DWA estimates that full development of the Palm Hills Specific Plan will account for about one percent of the water consumed in its service area in 2018 (full buildout of the project). This project will use recycled water to irrigate the golf course and other major landscaped areas,which is compatible with the potable water conservation goals of the City and the DWA. However, the Whitewater River Groundwater Subbasin (aquifer) is presently in a state of overdraft, and the project's cumulative demand for groundwater will contribute to a significant ' depletion of groundwater supplies and overdraft within this Subbasin over the long- term. -50- Resolution 20993 + Page 54 Finding: This project, when combined with other projects, will result in the need to extract additional groundwater from the basin. The project's estimated demand at build-out is about two acre-feet per day. The agencies that extract waterfrom the basin have initiated various groundwater recharge programs that have reduced,but not eliminated, the overdraft condition. The groundwater recharge program relies heavily on deliveries of imported water that could be suspended during drought conditions. However,based on the projected future demand for water and the current overdraft condition, the project is forecast to make a cumulatively considerable contribution to Subbasin groundwater impacts and is therefore considered an unavoidable significant cumulative impact. This is consistent with findings in the City General Plan EIR used to assist with cumulative impact evaluations for urban infrastructure issues in the FEIR. 4. Air Quality Significant Unavoidable Impact b. Violate air quality standards or contribute substantially to an existing or projected air quality violation. Facts: Both construction emissions and operational (occupancy) emissions were calculated to exceed the SCAQMD emissions significance thresholds. Using the SCAQMD URBEMIS model, the emission data indicate that SCAQMD threshold of significance for PM10 and NOx will be equaled or exceeded during site preparation by a substantial ' amount, 190 Ibs/day PM10 and 424 Ibs/day NOx. During the second phase of con- struction, structures and other infrastructure) VOC and NOx emissions will exceed thresholds, 281 Ibs/day for VOC and 381 Ibs/day for NOx. Comparable levels of emissions will be generated when the Allottees initiates grading and building development. Phase III of the PHLC project emissions will also exceed VOC and NOx thresholds. The construction emission forecast was evaluated after the following mitigation measures were incorporated into the project and the emissions were reduced, but still remained significant for the pollutants identified above. The following mitigation measures for construction will be implemented. 5.8.1 Thefollowing mitigation measures shall be implemented throughout construction activities in order to reduce project impacts. • Use appropriate emission control devices on gasoline and diesel construction equipment and maintain construction equipment engines by keeping them tuned. • Prohibit idling and other unnecessary operation of equipment. • Utilize existing power sources(i.e.,temporary power poles)and avoid onsite power generation. • Have sufficient equipment at the site to carryout dust-control measures in all areas covered by the contract work (not just the immediate area of con- struction). • Limit mass grading to areas that can be effectively controlled for dust emissions. -51- Resolution 20993 Page 55 • Employ construction activity management techniques,such as:configuring the construction parking to minimize traffic interference; extending the construction period; reducing the number of pieces of equipment used simultaneously;increasing the distance between the emission sources;and reducing or changing the hours of construction to minimize construction activity emissions. • Maintain all work and access areas free from dust. • Cover loaded trucks used in construction operations with tarpaulins or maintain at least 2 feet of freeboard and wash off trucks leaving the site. • Sweep streets if silt is carried over to adjacent public thoroughfares. • Water,dust-generating surfaces or use dust palliatives at intervals to keep all parts of the disturbed area continuously damp. • Water the site and clean the equipment in the morning and evening. • Construction operations affecting offsite roadways shall be scheduled for offpeak traffic hours and shall minimize obstruction of through-traffic lanes, particularly when extending the 12-inch irrigation pipeline through the adjacent neighborhood. • Construction activities should be scheduled to occur first on the upwind portion of the project site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. • Develop a traffic plan to minimize traffic flow interference from construction activities including advance public notice of routing. • Use low VOC asphalt and coatings. 5.8-2 The proposed projectshall GOmplywith the provisions of Chapter8.50 of the Palm Springs Municipal Code (see Appendix A) and the 2002 final draft Coachella Valley PM,, SIP which establishes minimum requirements for construction activities to reduce fugitive dust and PM,emissions. A plan to control fugitive dustthrough implementation of reasonably available dust control measures shall be prepared and submitted to the City of Palm Springs and SCAQMD 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. 5.8.3 The project proponent shall comply with all applicable SCAQMD Rules and Regulations. In particular,SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile,or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 5.8-4 A suitable dust control deposit as determined by the Building Official shall be required and made prior to grading or demolition permit issuance. 5.8-5 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. 5.8-6 Any vegetative ground cover to be utilized onsite shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems -52- Resolution 20993 * Rage 56 needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. 5.8-7 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. 5.8-8 Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph, per the PMIo SIP. 5.8-9 Anyconstruction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05%sulfur and a four degree retard. 5.8-10 Construction personnel shall be informed of ride sharing opportunities. 5.8-11 Building construction shall comply with the energy use guidelines in Title 24 of the California Administration Code. Operational/occupancy air emissions for PM10 are below CEQA thresholds,and there- fore would not have a significant impact to air quality. However, CO, NOx and VOC emissions would be higher than CEQA thresholds during operation of the project, and are therefore potentially significant. Cumulative air emissions at buildout for the PHSP Project are forecast to exceed SCAQMD thresholds. NOx emissions are forecast to be 138 Ibs/day of NOx after mitigation, which exceeds the SCAQMD threshold for NOx emissions. The vast majority of the NOx emissions are mobile source emissions. The ' following mitigation measures will be implemented to reduce operational emissions. 5.8-14 The following measures shall be implemented when feasible to reduce the project operational impacts. The percent reduction for each measure is provided. The measures and percentage of reduction were obtained from the SCAQMD CEQA Handbook. • Orient building to North/South direction to reduce the energy usage. 35% • Trip reduction by good transit infrastructure measures. 15% • Trip reduction by pedestrian enhancing infrastructure measures for residential and non-residential. 2% • Trip reduction by bicycle enhancing infrastructure measures for residential and non-residential. 7% • Trip reduction by providing (1)shopping shuttle services and (2)some frequently needed services. 15% • Provide transit shelters benches. 2% Finding: The majority of PM10 emissions during construction are generated from ground disturbing activities. The majority of the NOx construction and operational emissions are associated with mobile sources. The majority of VOC emissions during construc- tion are from application of architectural coatings. After implementing the above mitigation measures, both construction and operational air quality emissions cannot be reduced to a level of insignificance when compared to the SCAQMD Handbook emission thresholds. -53- Resolution 20993 Page 57 " C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard: Facts: Please refer to issue 4.b above for the detailed facts about the emissions of criteria pollutants which exceed thresholds. NOx and VOC emissions contribute to ozone and particulate non-attainment. Note that the emissions of these pollutants normally require time and distance (20-30 miles) to interact and cause ozone and combustion particulate concentrations in the atmosphere. Therefore, it is doubtful if the local combustion emissions contribute to the ozone concentrations experienced at this location, which are caused by ozone and small particulate transport from the South Coast Air Basin. CO emissions do not contribute to violations of either of these criteria pollutants. CO concentrations are a function of the number of vehicles, length of time they are idling, and the background or ambient CO concentrations. The nearest SCAQMD air quality monitoring station to the project site that monitors CO is the Coachella Valley#1 Lake Elsinore Station(4137). Data available from this station reveals that the highest 1-hour concentration measured in 2002 was 2 parts per million(ppm). The standards are>35 ppm federal and>20 ppm state. The maximum 8-hour CO concentration was 1.2 ppm. With concentrations this low the project would not cause any violation of the CO standard, even at hotspot locations in the Valley. Finding: After implementing the available mitigation measures outlined above,both construction , and operational air quality emissions cannot be reduced to a level of insignificance when compared to the SCAQMD Handbook emission thresholds. Therefore, the project makes a cumulatively considerable contribution to increases in criteria pollutant emissions which could contribute to violations in ambient air quality standards. 5. Visual Resources Significant Unavoidable Impact (the four issues listed are discussed below) a. Have a substantial adverse effect on a scenic vista: b. Substantially damage scenic resources: C. Substantially degrade the existing visual character or quality of the site and its surroundings: d. Create a new source of substantial light or glare which would adversely affect day or night views of the area: Facts: A detailed visual evaluation was performed for the proposed project. The site is part of the dramatic backdrop that, in part, characterizes Palm Springs. Thus, it is one of the key scenic resources of the scenic vistas to the Santa Rosa and San Jacinto Mountain ranges from the north, west and east. Further, views across the project site ' from the south, such as Murray Hill, will have visual access to the whole site, which is itself part of the scenic resources of the scenic vista across the Coachella Valley to -54- F, Resolution 20993 Page 58 ' the Little San Bernardino Mountains north of Desert Hot Springs. The site does not currently have any night lights that affect night views of the area. The site was examined from 14 representative viewpoints throughout the Coachella Valley, including from locations in the Coachella Valley and the slopes of Murray Hill to the south of the site. The detailed evaluation of the scenic vistas and scenic resources identified significant changes to the existing visual setting, including night lighting, at the following viewpoints: Viewpoint 4 (Dinah Shore and Crossley Road); Viewpoint 5(East Palm Canyon Drive and Farrell Drive);Viewpoint 7(Gene Autry Trail near Palm Springs Airport); Viewpoint 9 (Gene Autry Trail near Oasis Water Park); Viewpoint 10 (Gene Autry Trail and Mesquite Avenue); and Viewpoints 11, 12 and 13 (south of the project site looking north to the Coachella Valley). Because significant visual effects, including night lighting, has been identified, the following mitigation measures will be implemented. 5.9-1 Tinted windows shall be used in all structures to decrease reflectivity, except where such a requirement conflicts with safety requirements. Under no circum- stances shall mirrored or silvered windows be used at this project site. 5.9.2 To further minimize intrusion on the frontal slope ridge line under both alterna- tives,building heights shall be further lowered so theyare not exposed at the top of the ridge. 5.93 For both alternatives, residential lots above Southridge and behind the DWA ' Water Tanks and the east side of the project that will be visible from the valley floor shall be eliminated or redesigned so as not to intrude on the frontal slope ridge. 5.9.4 Although included in the Specific Plan,the developer and future residents shall implement the grading, revegetation and architectural design guidelines refer- enced above. Finding: The visual resource evaluation presented in the FEIR indicates that the proposed project, implementation of the Palm Hills Specific Plan, is forecast to cause project specific and cumulative significant aesthetic impacts even after the implementation of proposed mitigation measures. The proposed project can contribute to cumulatively significant visual resource degradation on ridges and hills and mountains throughout the Santa Rosa Mountains portion of the City if the proposed General Plan Amendment modifies policies and allows ridge line development to occur within this portion of the City. Mitigation has been incorporated in this document to minimize the effect of the project on visual resources to the maximum achievable level and to limit General Plan policy amendments to the Palm Hills Planning Area only. Regardless of these measures, the proposed project, although it will be consistent with the proposed amended policies, will still cause project specific and cumulative visual resource impacts as outlined in the analysis above. -55- Resolution 20993 Page 59 ' 6. Biological Resources ' Significant Unavoidable Impact a. Have a substantial direct and indirect adverse effect on any sensitive species identified by the Fish and Wildlife Service and Department of Fish and Game: f. Conflict with provisions of an adopted conservation plan: Facts: Biological resource issues were particularly complicated on the Palm Hills Specific Plan (PHSP)property because of such strong differences of opinion regarding the suitability of the site's habitat to support the PBS, both individuals and the Santa Rosa ewe group population. Regulatory agencies (U.S. Fish and Wildlife Service and California Department of Fish and Game) incorporate the project site as critical habitat and identify it as being essential to the long-term recovery of the Santa Rosa ewe group population PBS Final Recovery Plan, 2000). The applicant retained highly qualified experts that contend the site has not been used by PBS in the recent past, extending back to about 1988,when the last biologist observed PBS on the project site. Basically the applicant's experts contend the habitat has insufficient water and forage to support PBS occupation of the site. Regardless, many sitings of individual PBS have been reported to the regulatory agencies in the vicinity of the project site (if not on it) over the past 16 years by local conservationists. In this situation, a decision was made to present the facts, opinions and conclusions of both regulators/conservationists and of the applicant's experts in the FEIR,with the goal of fulfilling CEQA's information responsibility. Extensive comments were received from regulatory agencies, conservation groups and their representatives, and the applicant's experts. No new data were added to change the following fundamental conclusions presented in the FEIR. • PBS have been observed by scientists on the project site in the past,though only occasionally. CEQA has a lower threshold than peer reviewed publications,and observations,of PBS in the project vicinity by knowledgeable transient hikers in the recent past are sufficient to indicate continued occasional use of the general area by PBS. • The habitat on the project site appears to be of poor quality to support continuous occupancy of the site by PBS due to insufficient forage and water. Also, the observed water supply in the Eagle Canyon springs/seeps does not appear to be sufficient to support intense or continuous use of the site by PBS. • The project site is designated as critical habitat for PBS. No other species of special concern nor other listed species were observed on the project site over a fairly intense period of biological survey extending from 1996 through 2004. Regardless, during a wet year, it is possible that the project site could provide important forage and water resources to assist the Santa Rosa ewe group to survive and, perhaps,to increase. The FEIR concluded that restricting the range ' of PBS, a listed species, within designated critical habitat (as a result of developing up to 411 acres of the property) constitutes a significant adverse impact to this species. Extensive mitigation is discussed be,o::,. - -56- Resolution 20993 Page 60 ' Further,the removal of the 411 acres of the site to support development conflicts with the Final Recovery Plan for PBS and the project is therefore concluded to have a significant effect because of this loss of critical habitat. • Based on the data available, it does not appear that development of the site as proposed(which includes leaving several hundred acres of the site in permanent open space,including the incised portion of Eagle Canyon)would cause the loss or"incidental take" of individual PBS because they have not been observed on the site for several years. The following mitigation measures,or comparable measures mutually agreed upon by the regulatory agencies,will be implemented to minimize the impact of the project on PBS. 5.10.1 The eight design measures summarized in this text shall be implemented bythe project developer and implementation shall be monitored in accordance with the mitigation monitoring program adopted for this project. Note that the eight design measures are listed at the end of the listing of the mitigation measures. 5.10-2 All golf holes south of Eagle Canyon in the project Alternative 1 shall be shifted north of Eagle Canyon or along the western, non-incised portion of the Eagle Canyon channel as shown in Alternative 2. 5.10-3 The applicant shall submit for review and secure approvals of final plans for the sheep exclusion fence, include a description and illustration of fence design, fence location,and means of sheep vacation(if necessary)from the project site. The required gate/barrier to preclude unauthorized access to PBS habitat shall also be shown on the subject plans. 5.10-4 Grading and construction shall be restricted to minimal activity and regulated within 100 yards of the rim of Eagle Canyon. This requirement shall be incor- porated into the Storm Water Pollution Prevention Plan(SWPPP)prepared forthe project with specific erosion control measures and appropriate access controls identified in the SWPPP,including signage and fencing. 5.10-5 Construction boundaries and access control shall be established in the field adjacent to Eagle Canyon and all unauthorized construction employee access or trespass into Eagle Canyon shall be controlled during project construction, except hiking on the Araby Trail and that required to protect and maintain the desert fan palm woodland. The developer shall retain a qualified desert ecologist and rehabilitate/clean-up the palm oases and shall also monitor the quality of the habitat at least annually,with a report submitted annually to the City regarding the status of the palm oases habitat quality relative to it current condition. 5.10-6 Explicit instructions regarding waste disposal shall be established by the developer and approved by the City. No dumping or abandoning of chemicals, debris,trash or other materials shall be permitted in the vicinity of Eagle Canyon, or on any other portion of the site, except in designated disposal bins or areas. 5.10.7 All exterior lighting shall be low intensity and hooded to direct light away from natural open space areas, and there shall be no perimeter lighting of the golf course,except where required for human safety. -57- Resolution 20993 Page 61 6.10.8 All natural open space within the project boundaries shall be dedicated in , perpetuity as a nature reserve through establishment of a conservation easement. The developer will prepare a management plan for this natural open space and a non-wasting endowment or HOA maintenance guarantee shall be established to implement the open space management plan permanently in the future.The performance standard for this plan Is to retain the native vegetation in as near natural condition as possible for the long-term; clean-up of Eagle Canyon from the eastern edge of the property to the end of the incised canyon;and posting of signage,fencing and other measures to control access, particularly at points of entry into on the open space portion of the project site. This open space management plan shall be reviewed by the City and a qualified biologist of their choosing. 5.10-9 The applicant shall initiate and maintain removal of toxic and invasive non-native plants from all onsite open space lands. An annual report on this activityshall be filed with the City. 5.10-10 Prior to initiation of grading activities within stream channels to be filled,the applicant shall provide evidence, if required by law, that the channels to be filled are not under the jurisdiction of the Corps of Engineers and shall notify the California Department of Fish and Game to obtain a Streambed Alteration Agreement(if required bylaw). Upon completion of construction all drainages shall be revegetated using native plants such as catclaw (Acacia), desert lavender(Hyptis),honey mesquite(Prosopis)and smoke tree(Psorothamnus). 5.10-11 No tall shrubs or dense cover shall be allowed within 50 yards of the boundary of the golf course in areas adjacent to native scrub habitat. This will avoid providing approach and hiding cover for PBS predators. 5.10-12 Even though the existing plant palette has been prepared to eliminate plant species toxic to wildlife and invasive non-native plant species, any future revisions in the plant palette for the project site shall not include any such plant specie as determined by a qualified native landscape specialist prior to any such modification of the palette. 6.10-15 Control of intestinal parasites on the site shall be achieved through periodic testing of turf and water and cleanup of golf course ponds. The cleanup measures must avoid the use of groundwater contaminants (fertilizers and pesticides). Parasite control will be the responsibility of the golf course operator or operator of other surface water features. 5.10-16 Prior to occupancy of the project site or play on the golf course,the developer shall prepare an information pamphlet on the wildlife values of the surrounding habitats and the potential effects of human activities. In particular,the informa- tion will focus on PBS use and behavior in the surrounding mountains. The information will be prepared by qualified biologist and approved by the City priorto distribution. The information will be provided by the project proponent and made available to future residents,hotel guests and golf course users on an ongoing basis by the developer and golf course operator. 5.10-17 Golf play and use of any driving range shall be restricted to the hours between sunrise and sunset. 5.10-18 Dedication of habitat elsewhere will be required to offset,to the extent feasible, the direct loss of PBS critical habitat on the property and the contribution to ' cumulative loss of PBS habitat in the project area. The developer shall dedicate a minimum of 1,233(411 acres x 3=1,233 acres)of comparable or better quality habitat within the north Santa Rosa ewe group Recovery Region(SR-N74). The location of this habitat shall be approved by the City, in consultation with -58- Vesolution 20993 Page 62 ' regulatory agencies and a qualified biologist. The acquired land shall be deeded to the City or a conservation agency or management party deemed acceptable to the City. 5.10-19 The home sites overlooking Eagle Canyon (see Figures 2-5 and 2.6) shall be removed. 5.10-22 The access road to the Allottee land shall include a maximum design speed of 25 miles per hour and shall be designed to maximize open views of the adjacent terrain,to the extent feasible. The eight project design measures include:(1)retain 779 acres of natural open space by deed restriction; (2) protect palm oasis in undisturbed condition; (3) native plant revegetation in areas of open space disturbed to install infrastructure; (4) CC&Rs shall require dogs and cats as pets will be under positive control at all times;(5)use only the plant materials shown on Appendix A(Specific Plan)or added to the list with approval of the City;(6)relocate native plants removed for construction to the extentfeasible and retain existing rock outcrops where possible; (7) avoid introduction of non-native invasive and toxic species of plants;and (8)implementation of the recreational trail plan. During the period of time since close of public comment on the DEIR, the City and applicant have been meeting with representatives of the agencies and groups preparing the Coachella Valley Multi-Species Habitat Conservation Plan(CV MSHCP). As a result of these meetings, modified language has been developed for many of the biology mitigation measures(Measures 5.10-1 through 5.10-22). A copy of the revised language that has been developed to date is included as an attachment to the Mitigation Monitoring and Reporting Program (MMRP), see the Final EIR. If these measures are substituted by the Palm Springs City Council for the comparable measures contained in this MMRP based on agreements with the various conservation agencies and groups, the MMRP will be modified to ensure that the revised measures are monitored and compliance assured. This could include modifying the exclusion fence in accordance with evolving regulatory agency policies. Any modifications to the MMRP will be completed prior to any action to certify the FEIR. Finding: After implementing all of the above mitigation measures, all project specific biological resource impacts were determined to be capable of being reduced to a nonsignificant level of adverse impact, except the direct loss of about 411 acres of PBS Critical Habitat based on the restriction of the range of the endangered PBS and the loss of critical habitat established by the USFWS. Thus, based on the analysis above, the mitigated project will reduce potential direct, indirect and cumulative impacts to PBS to the lowest achievable level, but these measures cannot eliminate the significant unavoidable adverse impacts to this species based on the significance threshold in State CEQA Guidelines Section 15065(a). The suite of mitigation measures identified above cannotfully eliminate the significant adverse impact of converting the 411 acres of land to suburban/urban uses on the property encompassed by the Specific Plan because this loss constitutes a reduction and restriction in the range of an endangered species. This loss remains an unavoidable adverse impact from implementing the project. -59- Resolution 20993 Page 63 7. Public Services/Utilities/Infrastructure ' Significant Unavoidable Impact C. Would the proposal have an effect upon orresult in the need for new or altered school capacity; Facts: The PSUSD utilized a student generation factor for single-family development of 0.4438 students per housing unit. Based on this factor, it is projected that develop- ment of the Palm Hills Specific Plan will generate between 7 and 17 new students annually to the public school system. Buildout of the residential portion of the Specific Plan area (Palm Hills Land Corp and Allottees land)will generate about 243 students. The analysis of school issues in the City General Plan Environmental Impact Report (GPEIR, Subchapters 6.1.4 and 7.1) concluded cumulative impacts to the school system would be significant because overall funding, given a build-out student population of 44,250,will not be offset by funding from individual projects. The GPEIR cumulative impact analysis concluded: "Cumulative impacts on these districts from all of the communities they serve are considered significant and unavoidable under current legislation because the affected jurisdictions will not be able to require all developers to fully mitigate the impacts of new development." Finding: Therefore, the project's contribution to this cumulative demand for education system ' capacity,243 students, is concluded to be cumulatively considerable and unavoidable if the project is implemented. d. Have sufficient watersupplies available from existing sources or require acquisition of expanded entitlements: Facts: Please refer to issue 3 above in this section of the document. The facts regarding water consumption and contribution to cumulative overdraft are discussed under the section discussing substantial depletion of ground water supplies. The proposed project will make a cumulatively considerable contribution to future overdraft. Finding; Please refer to the finding under issue 3 above in this section of the document. The groundwater recharge program relies heavilyon deliveries of imported waterthat could be suspended during drought conditions. Based on the projected future demand for water and the current overdraft condition, the cumulative basin wide impacts are considered significant. Based upon the findings presented in the FEIR, the above described environmental issues have been determined by the City to be: (1) adequately addressed in the FEIR; and (2) impacted to a degree deemed by the City to be significant and unavoidable even after implementation of the mitigation measures identified above and summarized in the Mitigation Monitoring and Reporting Program. No substantial evidence was subsequently presented to or identified by the City which further modified or otherwise altered the City's significant and unavoidable impact finding with mitigation determined for each of these environmental issues. Comments to the DEIR suggested alternative locations and other measures which the responses to comments in the FEIR identified as being infeasible to implement and meet the fundamental objectives of the project. Thus, after -60- Resolution 20993 Page 64 ' application of all available and feasible mitigation, the above seven environmental categories and eleven project specific and cumulative impacts remain unavoidably significant and adverse. This concludes the summary of environmental impacts that were identified in the FOR as unavoidable significant adverse impacts with mitigation related to implementation of the proposed project. G. ALTERNATIVES TO THE PROPOSED ACTION 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 Palm Hills Specific Plan identifies the following goals and objectives for the proposed project: (1) develop a world class hillside resort hotel with spectacular valley views and an 18-hole championship golf course; (2) create a private gated community which is unique and exclusive; (3) accommodate a maximum of 904 hotel, residential, and vacation ownership units on PHLC property and 296 residential units on Agua Caliente Band of Cahuilla Indian Allottee property; (4)maximize mountain,valley,and golf course views from all building sites;(5)reserve large blocks of undisturbed natural open space within the southern portion of the site for limited recreational uses that maintain as much natural open space as possible within the project and that are compatible with the natural open space; and (6) for maximum environmental compatibility, locate only recreational open space uses(i.e.,golf course and trails),which are primarily unused at night, on PHLC property south of Eagle Canyon. These project 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 FOR for the Palm Hills Specific Plan (PHSP) Project considered four alternatives to the proposed action. 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, at least two of the alternatives were considered to be technically feasible. The other two alternatives were rejected from further consideration based on failure to meet the fundamental project objectives. The four alternatives that were subject to comparative evaluation in the FEIR with the proposed action are: 1. No Project 2. Alternative Location 3. The Alternative Specific Plan Redesign to reduce visibility of project buildings and to relocate the golf course* 4. Eliminate the extension of Palm Hills Drive/Dunn Road south of Eagle Canyon and deletion of Dunn Road from the General Plan Circulation Element. After reviewing the original Palm Hills Specific Plan,the City requested that the applicant prepare an alternative to reduce the visual Intrusion of project buildings on the front slope of Murray Hill Ridge and to relocate the golf course away from the incised portion of Eagle Canyon. This change resulted in the delay between the distribution -61- Resolution 20993 Page 65 of the Notice of Preparation and the distribution of the Draft EIR. At the request of the City,the EIR was modified ' to evaluate both alternatives in detail as part of the detailed impact forecast in Chapter 5 of the FEIR. 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 FEIR evaluation of each of the alternatives listed above 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. a. No Project Alternative: The no project alternative for the Palm Hills Specific Plan consists of no entitlements for development of the Palm Hills property. The no project alternative assumes that the General Plan Amendments are not approved; the Specific Plan is not approved; the proposed zoning is not approved;the master parcel map/tentative tract maps are not approved and the development agreement is not approved. Even if all the actions encompassed by the proposed project are denied, the existing 95-lot recorded Tract Map, No. 17403 (TM#17403, see Figure 2-9 and Subchapters 2.1.6 and 5.2.2.4)can be implemented by the property owner. Therefore, the no project alternative considered in the FEIR encompassed two possible outcomes: (a)the retention of the project site in its current conditions with no change (no project, alternative (a)); and (b) implementation of the 95-lot residential development in accordance with the design in TM#17403 (no project, alternative (b)). The evaluation of this alternative in the FEIR did not address any potential future project that could be proposed for development on the project site. ' Speculating on the type or extent of such future development would be speculative and not contribute to a meaningful discussion of ways to reduce potential impacts of the proposed project. Under the no project alternative (a) all construction and operational impacts from implementation of the Palm Hills Specific Plan would be eliminated, i.e., the proposed project impacts would not occur. Selection of the no project alternative (a) would eliminate all nonsignificant impacts asso- ciated with implementation of the proposed project, and it would also eliminate the significant impacts identified in this EIR, including significant impacts to biological resources, circulation, air quality and aesthetics (visual resources). It is assumed that low level human recreation activities would continue to occur, but no formal development or disturbance of the existing environment would occur under the no project alternative (a). Under the no project alternative (b) construction and operating impacts from implementation of TM#17403 would occur and would modify the existing physical environment. Assuming that this subdivision is developed, 95 new single-family residences would be served by Palm Hills Drive, which would provide access to the subdivision. Figure 2-9 in the FEIR shows that this tract encompasses about 120 acres in the northern portion of the Palm Hills Specific Plan(PHSP)area. Lots would range from about 10,000 square feet to about one acre. As noted, Palm Hills Drive would provide access to the future residences, but Palm Hills Drive would terminate at the entry gate into the subdivision. Private interior roads would provide access to the 95 residential lots. Since no detailed information is available on how TM#17403 would be developed, certain assumptions are included in the comparative impact forecasts presented below. A summary comparative discussion of the no project alternative (b) in terms of the specific issues ' evaluated in this EIR follows. -62- Resolution 20993 Page 66 ' Land Use and Planning: Implementing TM#17403 would not eliminate the significant planning conflict with an adopted conservation plan (the Final Recovery Plan for PBS) associated with wildlife compatibility policies. No project alternative (b)would introduce continuous human use on this portion of Murray Hill Ridge which would result in a less intensive,(due to density and less intrusion on the site)conflict with the Recover Plan, but it would not eliminate this significant impact. TM#14703 appears to have sufficient setbacks from the frontal slope to prevent skylining any of the 95 residences that could be constructed by this project. Since this is an approved project that could be implemented at any time, no General Plan Amendment or change in policy would be required which would eliminate the cumulative significant land use and planning impact associated with the proposed project. Relative to the proposed project, implementation of the no project alternative (b) would reduce overall impacts. Population and Housing: (b) Implementing TM#17403 would at least partially fulfill the General Plan Housing Element assignment of housing and population resources to the project site. The 95 single-family units represent about 8 percent of the potential 1,200 units assigned to this portion of the Palm Hills Area Plan. Geology and Soils: (b) Implementing TM#17403 would result in similar geology and soil impacts as the proposed project, but on a smaller scale. The proposed project is forecast to disturb about 318 acres (residential and road areas for both PHLC and Allottees) and TM#17403 would disturb about 120 acres,or about 37.8 percent when compared to the proposed project. It is assumed that the same geotechnical development requirements and mitigation measures would be applied to the TM#17403 as to the proposed project. Thus, the overall volume of material to be handled ' during grading is assumed to be about 40 percent of the proposed project and the extent of physical modification of the site would be about 40 percent of the proposed project. Geology and soil impacts from implementing TM#17403 would be less significant than that forecast for the proposed project based on these comparisons. However, either alternative would result in less than significant geology and soils impacts based on the above assumptions. Hydrology Flood Hazards and Water Quality: (b) Implementing TM#17403 would disturb slightly less than 40 percent of the site compared to the proposed project and the amount of impervious surface associated with new structures would be relatively less than 40 percent because of the substantial increase in number of units and supporting roads. It is assumed that TM#17403 would be required to implement the same hydrology,flood control and water quality mitigation measures as the proposed project. Therefore, relative to the proposed project, the hydrology, flood hazard and water quality impacts from implementing TM#17403 would be less than the proposed project although both would be less than significant. Air Quality: (b) Implementing TM#17403 would cause both short- and long-term air emissions. South Coast Air Quality Management District (SCAQMD) established thresholds for occupancy below which significant occupancy impacts are not forecast to occur. This threshold is 166 single- family residences and TM#17403 would fall below this threshold. The amount of area to be disturbed for TM#17403 is about 120 acres which is greater than the five acre threshold for construction fugitive dust emissions. Therefore, TM#17403 would cause less construction emissions than the proposed project, but the amount of fugitive dust and equipment emissions is forecast to exceed the SCAQMD threshold of significance. Thus, TM#17403 would have lower ' overall emissions and would eliminate significant occupancy air emissions. This alternative would cause significant, but less, construction emissions than the proposed project. -63- Resolution 20993 Page 67 Transportation and Circulation: (b) Implementation of TM#17403 is estimated to generate about 12-16 percent of the total traffic of the proposed project (based on 8% of 1,200 units and all trips being generated by single-family residences). Impacts from this trip generation on the circulation system will be substantially less than the proposed project and mitigation is available to improve all circulation system operations to meet TM#17403 and cumulative traffic impacts. However, as noted above,short-term circulation system impacts may occur due to inability to control when such circulation system improvements will be implemented. Biological Resources: (b) Implementation of TM#17403 will eliminate PBS critical habitat and restrict the range of PBS on approximately 20%of the acreage that will be disturbed and impacted by the proposed project, including the golf course area. This remains a project specific and cumulative significant adverse impact, but it is less of an impact than the proposed project. Noise: (b) Implementation of TM#17403 will cause noise impacts similar to the proposed project, but less intense, both on- and off-site, due to less construction, fewer residents and less traffic. Although not certain, it is assumed that creation of the building pads for the 95 lots and of the access roads will require some blasting. Assuming mitigation comparable to that required for the proposed project,this alternative will reduce overall noise impacts relative to the proposed project and such impacts will not be significant. Public Services/Utilities/Infrastructure: (b) Implementation of TM#17403 will require the extension of public services, utilities and infrastructure,including potential demand for school capacity,to the project site. It is assumed that the same type of mitigation measures will be required to support ' the 95 residential units associated with this alternative. The overall demand for services would be about 8 percent of that which would occur from implementing the proposed project. Therefore,this alternative would create less demand and have less overall impact on public service and utility systems than the proposed project. Aesthetics: (b) Implementation of TM#17403 would make modifications on the northern-portion of Murray Hill Ridge. Viewing the developed area from the south, these residential development modifications to the visual setting would be significant and adverse. Some of the structures on the TM#17403lots would appear to be visible from the valley floor. Therefore,the visual impacts would be considered significant and adverse, unless fully mitigated by specific design requirements. Cultural Resources: (b) Implementation of TM#17403 would not cause any adverse cultural resource impacts, which is consistent with the finding for the proposed project. The no project alternative(a)will eliminate all of the potentially significant adverse impacts related to land use and planning, biological resources, air quality, cumulative short-term traffic and aesthetics (visual resources). It will allow other impacts from current conditions and uses of the property to persist, but these impacts reflect the current or existing condition of the property, not new adverse impacts. Because this alternative eliminates the significant impacts forecast to result from the implementation of the proposed project to a nonsignificant level, it is the environmentally superior alternative considered in this FEIR. However, the no project alternative (a)would not meet the basic project objectives or General Plan objectives established for this portion of Palm Hills. The Palm Hills Specific Plan identifies the ' following goals and objectives for the proposed project: (1) develop a world class hillside resort hotel with spectacular valley views and an 18-hole championship golf course; (2) create a private gated community which is unique and exclusive; (3) accommodate a maximum of 904 hotel_ -64- Resolution 20993 ' Page 68 residential, and vacation ownership units on Palm Hills Land Corporation. property and 296 residential units on Agua Caliente Band of Cahuilla Indian Allottee property;(4)maximize mountain, valley,and golf course views from all building sites; (5)reserve large blocks of undisturbed natural open space within the southern portion of the site for limited recreational uses that maintain as much natural open space as possible within the project and that are compatible with the natural open space;and(6)for maximum environmental compatibility,locate only recreational open space uses (i.e., golf course and trails), which are primarily vacant at night, on Palm Hills Land Corporation, property south of Eagle Canyon. Since the no project alternative (a) cannot meet these basic objectives of the proposed project it is not considered a feasible alternative to the proposed project. The no project alternative (b), TM#17403,will eliminate many of the potentially significant adverse impacts related to land use and planning, air quality, and aesthetics (visual resources). Implementation of TM#17403 will continue to cause significant land use and planning impacts (related to Recovery Plan policies), short-term air quality, biological resource, visual resource (views from the south)and cumulative short-term traffic impacts. Because this alternative reduces both the significant and nonsignificant adverse environmental impacts forecast to result from the implementation of the proposed project, it is environmentally superior to the proposed project. However, like no project alternative (a) it will not meet the specific objectives identified for the proposed project which are supported by the General Plan. Since the no project alternative (b) cannot meet these basic objectives of the proposed project it is not considered a feasible alternative to the proposed project. ' b. Alternative Location: The proposed PHSP Project could theoretically be developed at alternative locations within the City of Palm Springs or in the Coachella Valley. However, the California Supreme Court determined that examination of infeasible alternatives need not be given exhaustive evaluation. Specifically the court case Citizens of Goleta Valley v. Board of Supervisors, 1988 the court stated: [A]project alternative which cannot be feasibly accomplished need not be exhaustively considered. A feasible alternative is one which can be accomplished in a successful manner within a reasonable period of time, taking into account economic, legal, social and technological factors [Citations.] Surely whether a property is owned or can reasonably be acquired by the project proponent has strong bearing on the likelihood of a project's ultimate costs and the chances for an expeditious and successful accomplishment. The State CEQA Guidelines, Section 15126.6(f)(1) state: Feasibility. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability,availability of infrastructure,generalplan consistency,otherplansorregulatorylimitations, jurisdictional boundaries(projects with a regionally significant impact should consider the regional context), and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site (or the site is already owned by the proponent). No one of these factors establishes a fixed limit on the scope of alternatives. The PHSP was developed for a specific property under the specific guidelines established in the City of Palm Springs General Plan and the Palm Hills Area Plan for use of that property, and no other location. It is not possible to transfer the variety of uses and the related management guidelines to another location and reasonably meet either the project objectives or the General Plan objectives for a development to be considered for this site alone. The Supreme Court ruled that it is not necessary to consider alternative locations when a proposed project is being developed in -65- Resolution 20993 Page 69 1` accordance with a jurisdiction's planning framework, such as the City of Palm Springs General ' Plan. Within the context of Section 15126.6(f)(1), the project site is the only site that meets the general plan consistency for the proposed PHSP and the mix of uses proposed. Further,the site topography and its isolation (with proximate access to essential infrastructure) are assets of this site which cannot be duplicated at any other known location within the City. Therefore, the alternative of implementing the proposed project at another location is not considered a reasonable or feasible alternative to the proposed project and will not be given further consideration. C. The Alternative Specific Plan Design: As described above at the request of the City, the applicant submitted an alternative Palm Hills Specific Plan land use design that has been examined throughout the FEIR. This Alternative Plan was designed to reduce or eliminate the identified significant visual resource impacts and to reduce biological resource impacts by relocating the golf course from the south side of incised portion of Eagle Canyon. The City requested this Alternative Plan under the assumption that such an alternative could meet the objectives outlined for the proposed project, i.e., (1) world class hotel; (2) a unique and exclusive private community; (3) maximize mountain golf course views from building sites; (4) reserve large blocks of open space; and (5) achieve greater environmental.compatibility, in terms of visual and biological resources, than the proposed project (original land use plan). This alternative would meet the numeric goals for units on the Palm Hills Land Corporation property, although via a different mix of the types of units. It would also not provide for as many views of the Coachella Valley from the property as the original plan, as many of the units have been removed from being skylined on the frontal ridge. ' Also, the basic infrastructure costs for the project would remain approximately the same because the project footprint and number of units remains essentially the same. The following discussion describes how this alternative would change the environmental impact forecast relative to the proposed project. Land Use and Planning: Adopting the alternative plan would not eliminate all of the significant planning conflicts,as the conflicts with PBS Recovery Plan would continue with this project and the offsite effects from General Plan amendments (visual and density)would remain significant under this alternative. However,by excluding development south of the sensitive portion of Eagle Canyon and removing the major structures being skylined on the frontal slope, this alternative will reduce the potential site specific impacts related to visual resource and development density impacts. Population and Housing: The implementation of the Alternative Plan would reduce the overall number of new permanent residents by approximately 100 and the number of single-family housing units. The population and housing impacts are slightly less under the Alternative Plan. Geology and Soils: If the Alternative Plan project is selected, geology and soil impacts would be approximately the same for the project as a whole and continue to be nonsignificant assuming the same mitigation measures are implemented. Hydrology. Flood Hazards and Water Quality: The Alternative Plan would result in comparable levels of disturbance at the project site (grading impacts will be increased by about 20 percent under the Alternative Plan to lower structures)and potential for water quality impacts would remain ' approximatelythe same as the proposed project,assuming comparable mitigation is implemented. -66- Resolution 20993 Pgae 70 Air Quality: Implementation of the Alternative Plan would slightly reduce the amount of traffic- related activities that would generate comparable occupancy air emissions. Due to the greater volume of grading (about 957,000 cubic yards (original)versus 1,234,000 cubic yards (Alternate), the project construction emissions would be greater from implementing the Alternative Plan. The Alternative Plan's short- and long-term air quality impacts would remain significant because implementation would continue to exceed SCAQMD thresholds. The comparative air quality impacts between the original and Alternative Plan should be considered approximately the same with neither project reducing emissions substantially. Transportation and Circulation: The alternative plan project would reduce the daily traffic contributions by an estimated 282 average daily trips. The implementation of the Alternative Plan would result in implementing improvements or contributions to improvements, such that the potential for cumulative traffic impacts may be reduced to a nonsignificant level of impact. However, the cumulative traffic increases under both alternatives may cause significant short-term adverse impacts because the schedule for area circulation improvements cannot guarantee the circulation system improvements will be completed in a timely manner. Biological Resources: The Alternative would remove the golf holes and golfing activities from the most sensitive segment of Eagle Canyon and place the holes and activities further to the west. This re-design eliminates a specific onsite potential significant impact. Regardless, the project specific and cumulative loss of PBS Critical Habitat (restricting the range of PBS and conflict with an adopted conservation plan)would remain an unavoidable significant adverse biological resource impact. Noise: The Alternative Plan will continue the nonsignificant adverse noise impacts related to blasting and change in the background noise environment, both during construction and following occupancy. The Alternative Plan will also reduce the nonsignificant contribution of the project to cumulative significant noise levels along existing roads because it will reduce trip generation from the project by an estimated 282 trips. Public Services: Implementation of the Alternative Plan would reduce project impacts to public services by a small amount(for example less student generation), but these impacts would remain as nonsignificant impacts with implementation of comparable mitigation. Utilities and Service System: Most utilities have not been extended to the project site and if the Alternative Plan is implemented, it would continue the need to extend such systems to the project site. Impacts to such systems would be reduced (due to the type of units) and would remain nonsignificant. Aesthetics: Adopting the Alternative Plan, as outlined above,will eliminate much of the significant frontal slope visual effects from implementing the project (primarily the relocation of the hotel and some residential lots)and restrict future development to the interior portion of the project site. The continued development of the project site, although reduced in scale, would continue to result in a significant visual impact from those views of the property from the south. Cultural Resources: The Alternative Plan would not cause any significant effects to cultural resources. As generally defined above, the Alternative Plan project is forecast to: reduce significant land use planning conflicts; reduce long-term air emissions, but not below a significant level; reduce -67- Resolution 20993 Page 71 significant frontal slope skyline visual impacts, which will remain significant; reduce site specific , significant biology resource impacts;and generally reduce the overall environmental impacts of the proposed project. Because this alternative reduces some of the significant impacts forecast to result from the implementation of the proposed project to a nonsignificant level, it is the environmentally superior alternative (other than the no project alternative, both (a) and (b)) considered in the FEIR. It is believed that the Alternative Plan would meet the General Plan objectives established for this portion of Palm Hills Area Plan better than the proposed project (original plan). d. No Extension of Palm Hills Drive/Dunn Road South of Eagle Canyon: This is not a whole project alternative. During the preparation of this EIR, several events transpired that made the potential for development of private land south of the project site less feasible. These events include: purchases of several sections of land by the federal government and the Agua Caliente Band; legislation that designated the Palm Hills area as part of a National Monument;and issuance of the Final Recovery Plan for Peninsular Population of Bighorn Sheep. The combination of these changes in the political, regulatory and land tenure pattern appears tojustify consideration of what type of development, if any, can occur in that portion of Palm Hills located south of the project site. As a result, one alternative the City may consider would be to seek to eliminate urban level access from the urban portion of the City(East Palm Canyon Drive)to the undeveloped land in Palm Hills south of the project site and extending to State Highway 74. The primary impact of implementing such a proposal would be an acknowledgment by the City that it would no longer provide paved access to the several thousand acres of land between the ' southern boundary of the project site and State Highway 74. A decision not to extend Dunn Road south of Eagle Canyon in the future, would remove a significant service obligation to this difficult to serve area. It would also serve as an acknowledgment by the City of the severe environmental constraints associated with any development proposed in this portion of the Palm Hills Area Plan by the City. These constraints are mostly related to the recovery of the PBS population,which will make it very difficult to do any development in the future at densities that could justify the extension of a very costly public road infrastructure system. Overall, the only identified adverse impact from implementing this alternative would be a failure to meet the General Plan Land Use Element as it currently exists. This impact can, of course, be mitigated through modifying the General Plan to be consistent with such a change. Of the four alternatives considered, the no project alternative (a) has been determined to be the environmentally superior alternative. Section 15126.6(e)(2) indicates that where the no project alternative is environmentally superior, "the EIR shall also identify an environmentally superior alternative among the other alternatives." The no project alternative (b), implementation of TM#17403 is the next environmentally superior alternative, but it has also been evaluated as not being a feasible alternative because it does not meet the project objectives contained in Subchapter 4.1 of this document and the City's General Plan Palm Hills Area Plan, The Alternative Plan is the environmentally superior alternative when compared to the proposed project (except for construction air emissions). It appears to be a feasible alternative that can be approved by the City and implemented by the project developer. Based upon the findings presented in the FEIR, the above described alternatives have been determined by the City to represent a reasonable range of alternatives for consideration with the proposed project and to adequately address alternatives in the FEIR. Therefore,the City concurs -68- Resolution 20993 Page 72 with the finding in the FEIR that one of the whole alternatives placed before it for consideration can meet the project objectives established in the FEIR. This concludes the summary of alternative that were identified and considered in the FEIR and the Initial Study. H. PROJECT BENEFITS The benefits from approving the proposed project are related to the provision of a development within the Palm Hills Area Plan area designated as Palm Hills 1 (PH-1)that fully implemented the vision established for the project area by the City's General Plan. The project benefits outlined below were considered by the City in performing the balancing test with those unavoidable significant adverse environmental impacts described in the previous sections of this document. H.1 BENEFITS OF IMPLEMENTING THE PROPOSED PROJECT The City has determined that the unavoidable significant impacts of the proposed project are acceptable when balanced against the benefits of the project. The following benefits are found to outweigh and make acceptable the unavoidable significant adverse impacts of the proposed project as described in the FOR and the this document and other information in the record. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact: 1. tax base, inclu ding b-tit not imitOdto property tax,tial-1.1.4 it MCUP vm _. .__. `uirsrnesiz�aFm' enaxes OGG53 fer Project will have a net beneficial economic impact of approximately$2,475,773 per year, as determined by the fiscal impact analysis, by expanding the City's tax base, including but not limited to property tax, transient occupancy tax, sales tax, utility tax, and other taxes. The payment of the financial impact mitigation fee for timeshare use will generate up to$544,350 in revenue to the City. 2. The economic impacts of the project will be beneficial and contribute to the stabilization of the local economy. The City has imposed a utility tax which supplements a budget short-fall of$4.1 million dollars (2003-2004). The City projects a $4.6,, million budget shortfall for fiscal year 2004-2005. The fiscal analysis for the project estimated that the project will pay$44,000 per year in Utility Users Tax. This will help stabilize the City's budget and local economy. 3. The City has 10 existing golf courses. Six of these courses,including the Palm Springs Classic Course currently under construction, are full size 18-hole course. Four of the courses are executive 9-hole courses. This existing capacity is not sufficient to satisfy the demand for golfing facilities in Palm Springs. The project's privately funded, 18-hole championship golf course, will provide additional capacity and will expand marketing opportunities for existing and new hotels which currently, out of necessity, refer guests to golf courses outside the City of Palm Springs. The project's 18-hole golf course will expand economic development, tourism and recreational opportunities. 4. The project's 18-hole championship golf course implements the City's policy of encouraging golf course recreational facilities that provide striking scenic views and a playing experience that is unique in the Coachella Valley, thereby encouraging visitors to patronize the City's recreational and local business facilities. -69- Resolution 20993 Page 73 5. More than 65%of the project site,comprising 7BB-.W approximately 797.70 acres of the project , site, will be preserved as natural open space and wildlife habitat. The project will dedicate off site habitat of comparable or better quality,at a minimum ratio of three acres preserved for each acre disturbed within the Northern Santa Rosa ewe group Recovery Region, to offset the loss of bighorn sheep habitat, at no cost to the public. 6. The project will implement the City's General Plan objectives for Palm Hills Specific Plan Area 1(PH-1), which is designated Large Scale Resort (LSR) and intended "to create the highest quality resort and residential area in the Coachella Valley." The proposed project provides the highest quality resort and residential development within a unique setting, thus providing productive, complementary and taxable uses, and encouraging increased tourism with its attendant economic benefits that will accrue to the City. The project implements the City General Plan goal of "complementary economic development to enhance and effect Palm Springs as America's foremost desert resort. The project implements the City's General Plan goal to develop"new housing,including hotels and other accommodations for both the short-and long-term visitor in all areas of the City, while protecting the character and scale of existing residential neighborhoods," by adding 653 hotel rooms and vacation ownership/timeshare units and 547 housing units in an undeveloped area removed and visually isolated from existing neighborhoods. The development of sites which intermix commercial uses with housing, office, resort or recreational uses. • Open space areas provide for areas of scenic beauty,protect environmental resources, guard against environmental hazards, provide recreational opportunities and create an aesthetic character for the City. The General Plan identifies a need to provide a variety of housing types and densities. The project provides for construction of 2-51 up to 164 new market rate housing units. • The project implements the City's General Plan Policy which encourages the proper conservation, development and utilization of watersheds and water resources by utilizing reclaimed water for golf course/landscape irrigation, use of drought tolerant plantings,and bestmanagement practices forflood protection and water quality control. • The project implements the City's General Plan Policies encouraging a high level of landscape quality and use of drought tolerant plant material and efficient irrigation systems on private properties throughout the City by outlining, in the Specific Plan, landscaping parameters, using native, drought-tolerant landscaping, where possible, keeping natural landscaping outside of building envelops and using recycled water for irrigation. • The project implements the City's General Plan Policy of protecting residents, employees and buildings from storm flow flooding conditions that can pose significant hazards by placing buildings outside of areas prone to flooding and designing ' appropriate storm drain facilities to protect proposed on-site and off-site development. -70- Resolution 20993 Page 74 7. By placing an open space corridor along its southern border, the project provides a buffer between urban development and natural habitat and bighorn habitat to the south. 8. The project will provide employment opportunities associated with the resort hotel, associated restaurant/bar, retail/rental sales, golf course, and clubhouse. Based on estimates of employee generation contained in the project traffic study, the hotel and vacation ownership/timeshare development should create about 0.60 jobs per room or 392 new jobs. The golf course will generate about 38 new jobs. In addition, about 20 other miscellaneousjobs(guards,landscaping maintenance outside the golf course,homeowners association staff, etc) will be created. This totals about 450 new jobs within the development. In addition,the project will create employment opportunities for construction workers and suppliers during the term of project development. 9. The project provides for up to 425 547 luxury housing units that will help the City satisfy its regional housing needs in the higher income categories. The project will help the City satisfy its regional housing needs in the higher income categories. 10. The projectwill pay Transportation Uniform Development fees,Palm Springs Unified School District mitigation fees, Drainage fees, and Sewer Connection fees which will be utilized to expand regional and local public facilities. 11. The project will maintain access connections to recognized hiking-equestrian trails, such as the Araby Trail and the Clara Burgess Trail, while discouraging uses which cause disturbance to natural open space areas or which encourage human intrusion outside of recognized trails. This alleviates and improves the current informal utilization of the site, including trespassers, and pioneering of off-road trails through previously undisturbed terrain, by the general public. 12. The project will include a small on-site fire and medical aid station staffed with qualified emergency trained staff thus providing "first response" capabilities to the project residents and visitors. I. 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 the proposed project against its unavoidable significant adverse impacts, and to determine whether the project-related significant impacts can be acceptably overridden by the project benefits when the impacts/benefits are compared and balanced. As outlined in Section F above, the proposed project is forecast to cause project specific or contribute to cumulative, unavoidable significant adverse environmental impacts in seven environmental categories (land use, transportation/traffic, hydrology/flood control/water quality, air quality, visual resources, biological resources, and public services/utilities/infrastructure) and 11 project specific and cumulative environmental categories. The Palm Springs City Council finds that the previously stated benefits of the proposed project, outlined in Section G above and as will result from implementation of the Palm Hills Specific Plan (PHSP) Project, outweigh the project specific and cumulative unavoidable adverse environmental -71- Resolution 20993 Page 75 clearly outlined in the 1992 General Plan approved by the City Council. The opportunity to combine , a large scale resort and golf course with the highest scale residential uses is deemed of considerable benefit to the City by this City Council. Further,the large scale resort and recreational uses further establish the City as the premier desert resort area in the western United States. Thus, the City concludes that the benefits outlined above, that accrue to the City from developing the PHSP Project, outweigh the unavoidable significant effects of the project identified in the FEIR because these impacts are acceptable to the City Council in exchange for the defined benefits, particularly with the scale of mitigation incorporated into the PHSP Project. The social and economic benefits stated in the previous section are considered sufficient to offset the unavoidable significant adverse effects summarized in Section F of this document. The City's findings set forth in the preceding sections have identified all of the adverse environ- mental impacts and feasible mitigation measures which can reduce potential adverse environ- mental impacts to insignificant levels where feasible, or to the lowest achievable levels where significant unavoidable adverse environmental impacts remain. The findings have also analyzed four alternatives to determine whether they are reasonable or feasible alternatives to the proposed action, or whether these alternatives might reduce or eliminate the significant adverse impacts of the proposed action. The PHSP Project FEIR presents evidence that implementing the proposed project will contribute to significant adverse land use, transportation/traffic, hydrology/flood control/water quality, air quality, visual resources, biological resources, and public services/utilities/infrastructure impacts which cannot be substantially mitigated to an insignificant level. These significant impacts have been outlined above and presented in detail in the FEIR and the City Council finds that all feasible alternatives and mitigation measures have been adopted or identified for implementation by the City of Palm Springs and other agencies where appropriate. The City Council finds that the project's benefits are substantial as outlined in Section G of this document and that these benefits justify overriding the unavoidable significant adverse impacts associated with the proposed project. This finding is supported by the fact that many of the benefits listed above result in the PHSP Project fulfilling a critical role for the City in supporting the City's resort resources for tourists visiting the City and the City's tax base for its citizens in this critical economic period for municipalities in the State of California. These are important societal benefits, which if not supported, could result in a decline in the City's tourism opportunities and private recreational facilities that create substantial quality-of-life benefits that offset the quality-of- life effects from the identified project specific and cumulative impacts that may result from implementing the PHSP Project. The City Council further finds that the benefits outlined above, when balanced againstthe unavoidable significant adverse environmental impacts outweigh these impacts because of the environmental, social, and economic benefits which accrue to City of Palm Springs and its residents as outlined in Section G of this document. As the CEQA Lead Agency for the proposed action, the City of Palm Springs has independently reviewed the applicable sections of this document and the PHSP Project FEIR, and fully understands the scope of the proposed project. Further, the City Council finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce these impacts have been identified in the FEIR, public comment, and public testimony. These impacts and mitigation measures are discussed in Sections D and E and the Council concurs with the facts and findings ' contained in those sections. The City Council also finds that a reasonable range of alternatives was considered in the FEIR, as summarized in Section F of this document and that no feasible alternatives which substantially lessen project impacts are available for adoption. -72- resolution 20993 Page 76 ' The City Council concurs with the extensive environmental, economic and societal benefits identified above, which will accrue to the City of Palm Springs and the population residing within its jurisdiction. The Council has balanced these substantial environmental, social and economic benefits against the unavoidable significant adverse environmental effects of the proposed project. Given that these substantial benefits will support the residents of the City of Palm Springs as a result of implementing the PHSP Project, the City Council hereby finds that the benefits identified herein, collectively and individually, outweigh the unavoidable, project specific and cumulative significant unavoidable adverse impacts clearly summarized in this document,and hereby vote to override these impacts to obtain the benefits listed in Section G that will result from approval and implementation of the PHSP Project: -73- PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM bdule GEOLOGIC RESOURCES AND CONSTRAINTS 5.3-1 All future structures that will be inhabited shall CEQA Draft Any geotechnical City of Palm A copy of the approved be engineered to protect the safety of inhabi- EIR study shall be com- Springs geotechniGal study shall be tants. The most conservative performance pleted and approved reviewed and approved by standard identified at this time is to design prior to construction of the City and a copy retained structures to be safe (not necessarily func- building foundations. in the project file. Field tionaQ when exposed to a maximum credible At a minimum the inspections of structures and peak horizontal ground acceleration of 0.46g. study must meet the infrastructure during For essential infrastructure systems,safety 0.46 peak horizontal construction shall verify based engineering design requirements shall ground acceleration compliance with design be implemented. The developer may submit standard. Design requirements. Copies of field a geotachnical study from a qualified geotech- requirements shall be inspection notes shall be nical professional to revise the performance incorporated into the retained in the project file. standard,subject to review and approval by structures or the City. All structures and infrastructure shall infrastructure facilities be designed in accordance with the final during construction. performance standard approved by the City to protect human,structure and infrastructure safety. O co rn 0 0 X Lu, 0 Q ro MMRP Table, Page 9 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM _m la s GEOLOGIC RESOURCES AND CONSTRAINTS(continued) 5.3-2 All manufactured slopes greater than 2:1 CEQA Draft Any slope stability City of Palm A copy of the approved slope (hor'izontal:vertical),or with a potential to EIR studies shall be com- Springs stability studies shall be damage structures or surface infrastructure, pleted and approved retained in the project file. shall be evaluated by a geotechnical profes- prior to issuance of Field inspections of manu- sional to verify that they can be constructed grading permits. factured slope(s)during with sufficient stability to prevent landslides, Design requirements construction shall verify rock fall or other slope failures from impacting shall be incorporated compliance With design humans,structures or critical surface infra- into the manufactured requirements. Copies of field structure in the future. The primary mitigation slopes during con- inspection notes shall be is to avoid creating unstable slopes or placing struction. retained in the project file. project facilities in rock fall hazard areas. However,where slopes will not be stable at a steeper gradient than 2:1 or where structures cannot avoid potential rock fall impacts, specific engineering design shall be specified to provide safety setbacks, rock catchment devices or other measures to prevent such slopes from failing and exposing facilities to rock fall,or exceeding the CiVs established slope stability guidelines. Engineering solutions may include laying back the slope at a shallower gradient;reinforcing the slope with retaining structures;or overlaying the slope with a geogrid fabric. 5.3-3 Infrastructure that must cross stream CEQA Draft Infrastructure design City of Palm A copy of the approved infra- channels with a potential to transport debris EIR at potential debris flow Springs structure design shall be flows through the alignment shall either avoid locations shall be retained in the project file. areas susceptible to such flows or shall be reviewed approved Field inspections of infra- o installed above or below the debris flow prior to installation of structure at debris flow loca- impact zone so any significant hazards to the specific tons during construction 0 infrastructure are avoided. Other engineering infrastructure. Design shall verify compliance with design methods acceptable to the City requirements shall be design requirements. Copies Engineer(i.e.,debris basins upstream,etc.) incorporated into the of field inspection notes shall May also be implemented, infrastructure facilities be retained in the project file. rY II. during construction. MMRP Table,Page 2 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM p R Measure -Responsible _V T ls GEOLOGIC RESOURCES AND CONSTRAINTS(continued) 5.3-4 The primary mitigation for settlement is to CEQA Draft Any differential City of Palm A copy of the approved fill avoid placing structure or infrastructure on or EIR settlement studies Springs settlement studies shall be within deep fills. However,where structures shall be completed retained in the project file. or infrastructure cannot avoid being placed in and approved prior to Field inspections of manu- deep fills,specific engineering design shall be issuance of grading factured fill during construc- specified to prevent settlement from causing permit. Design tion shall verify compliance damage to such facilities. Engineering requirements to with design requirements. solutions may include installing fill in accord- control settlement Copies of field Inspection ance with specific engineering requirements shall be incorporated notes shall be retained in the established by qualified professional geo- into the fill during project file. logical or engineering professionals,imple- construction. menting over-excavation and replacement by engineered fills,by eliminating use of local rock materials and importing fill material,or by installing piles or reinforced foundations to prevent damage from settlement. 5.35 The project proponent shall select Best CEQA Draft This water quality and City of Palm A copy of the construction Management Practices from the Riverside EIR erosion control Springs contract shall be reviewed to County Flood Control District Supplement A to requirement shall be verify the requirement to the Riverside County Drainage Area Manage- incorporated into the implement the SWPPP and ment Plans or its equivalent,and Attachment construction contract long-term water quality to Supplement A that achieve an 80 percent in conjunction with the control measures. Field reduction in pollutants,during construction Storm Water Pollution inspections shall verify that and comparable reduction in urban runoff Prevention Plan the short water quality and pollutants after the project is constructed. (SWPPP). The imple- erosion control measures mentation shall occur have actually been imple- during construction mented prior to the first and maintained after predicted rainfall event. o development is Field inspections during completed. storm events shall verify the effectiveness of this measure to control so!]erosion or determine. If areas become MMRIP Table, Page 3 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM 641 GEOLOGIC RESOURCES AND CONSTRAINTS(continued) 5.3-5 eroded,field inspections (cont.) shall verify their restoration priorto completion of con- struction. Notes of inspec- tions shall be retained in the project file. Installation of the long-term water quality and erosion control measures shall be verified by field inspections. Field inspection notes shall be retained in the project file. Long-term monitoring data shall be reviewed by inspectors to verify compliance with water quality requirements. CULTURAL RESOURCES 5.4-1 All development or land disturbances within CEQA Draft This measure shall be City of Palm A copy of the construction the incised portion of Eagle Canyon shall be EIR implemented both Springs contract shall be reviewed to avoided- This portion of the canyon shall be during construction verify the requirement to closed to on-site construction personnel activities on the site control any construction during construction activities except that and over the long-term activity within the incised associated with golf cart or trail bridge Site occupancy. portion of Eagle Canyon. crossing activities located west of the incised This shall include specific portion of the Canyon. controls over employee access to Eagle Canyon during construction activities. During field inspections, inspectors shall verify that construction employees are 0 not entering the incised portion of Eagle Canyon. cc a MMRP Table, Page 4 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM 7 q,-,, SfetuslDatef M�Ugatioru easure Verification� -ySchedule CULTURAL RESOURCES(continued) 5.4-1 Over the long-term,ver!Fi- (cont.) cation of the absence of construction in Eagle Canyon shall be accomplished by random field inspections of the Canyon itself. 5.4-2 Prior to any ground disturbing activity,includ- CEQA Draft The qualified archaeo- City of Palm The approved archaeo- ing clearing and grubbing,installation of EIR logist shall be identi- Springs logist's qualifications shall be utilities,and/or any construction-related exca- fied to the City prior to retained in the project file. vation,an Archaeologist qualified according to issuance of grading Either field inspection notes the Secretary of the Interior's Standards of permit. This measure documenting pre- Guidelines,shall be employed to survey the shall be implemented construction archaeological area for the presence of cultural resources prior to construction in surveys or letter report(s)by Identifiable on the ground surface. any area of the project the archaeologist verifying site. compliance with this measure shall be retained in project file. 5.4-3 A Native American monitor shall be present CEQA Draft The contract with the City of Palm A copy of the contract for the during all ground-disturbing activities and that EIR Native American Springs and Native American monitor should buried deposits be encountered,the monitor or the Agua Ague Caliente shall be retained in the monitor have the authority to halt destructive Caliente Cultural Band of Cahullla project file. Monitoring shall construction and that the monitor notify a Resources Coordina- Indians(Tribe) be conducted during qualified Archaeologist to investigate and,if for shall be provided construction and periodic necessary, prepare a mitigation plan for to the City prior to monitoring reports shall be submission to the State Historic Preservation issuance of grading prepared and retained in the Officer and the Ague Caliente Cultural permit. The project file. If subsurface Resources Coordinator for approval. monitoring and any cultural resources are dis- mitigation measures covered a report of manage- shall be implemented ment actions from discovery during construction. through curation shall be provided to the City for o retention in the project file. MMRP Table, Page 5 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Impfemerifatron Responsible Staftiz;/Date -7� CULTURAL RESOURCES(continued) 5A-4 One copy of any cultural resource documenta- CEQA Draft This measure shall be City of Palm A copy of any cultural tion generated in connection with this project, EIR implemented as Springs resources documents shall including reports of investigations,record reports are developed be retained in the project file, search results,and site records/updates shall and submitted to the and documentation verifying be forwarded to the Tribal Planning,Building City of Palm Springs. transmittal to Tribal Planning and Engineering Department. and Building and Engineer- ing Department shall be I retained in the project file. TRAFFIC I CIRCULATION 5.5-1 The City shall require the developer to pay CEQA Draft This measure shall be City of Palm Transportation mitigation applicable transportation mitigation fees to EIR implemented prior to Springs fees shall be paid to the City offset the project's contribution to the degra- occupancy of the of Palm Springs for affected dation in the level of service of affected project site. intersections and receipts for roadways. these fees shall be retained in the project file. 5.5-2 Dedicate the extension of Palm Hills Drive as CEQA Draft This Palm Hills Drive City of Palm A copy of the approved tract required by the Circulation Element of the EIR shall be dedicated as Springs map,showing the offer of General Plan. part of the tract map. dedication,shall be retained in the project file. 5.5-3 Sight distance at the project intersection of CEQA Draft This measure shall be City of Palm A copy of the approved East Palm Canyon Drive(SR-1 11)and Palm EIR implemented prior to Springs street plans for the inter- Hills Drive shall be reviewed with respect to approval of street section,that demonstrates standard Caltrans/City of Palm Springs sight improvement plans for adequate sight distance, distance standards at the time of preparation the East Palm Canyon shall be retained in the of final grading,landscape,and street Drive and Palm Hills project file. rn improvement plans. I I Drive intersection. I 0 :3 MMRP Table, Page 6 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Jmplementation i iResponsihle 1Alti9a-t- -n--A 64su' re- Party; mas—­ TRAFFIC I CIRCULATION(continued) 5.5-4 Street improvement and site development CEQA Draft This measure shall be City of Palm A copy of the approved plans shall be reviewed and approved by the EIR implemented prior to Springs street improvement plans for City Engineer and Police and Fire depart- approval of street the project site,that demon- ments to ensure that road steepness and improvement plans for strates acceptable road emergency access requirements are satisfied. the project site. steepness and emergency access,shall be retained in the project file. 5.8.5 The City shall require the developer to partici- CEGA Draft This measure shall be City of Palm The referenced transporta- pate on a fair-share basis to implement the EIR implemented prior to Springs tion mitigation fees shall be following improvements: issuance of building paid to the City of Palm permits for the project Springs and receipts for Install a traffic signal at Palm Hills Drive site. these fees shall be retained and East Palm Canyon Drive(see in the project file. Opening Year). . Responsibility for the proportionate share of 13.0%of the cost to construct an additional northbound left-turn lane on Gene Autry Trail at East Palm Canyon Drive(see 2020 without project). . Install an eastbound right-turn lane on East Palm Canyon Drive at Gene Autry Trail. These are major arterials and are funded by TUMF. Payment of TUMF fees for this development is considered adequate mitigation. . Responsibility for the proportionate share of 2.9%of the cost to modify the traffic o signal to provide a southbound right-turn overlap at Crossley Road and Mesquite Avenue. MMRP Table, Page 7 PALM HILLSSPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM ' Jmplemen#titian 3, Responsible = Status/Date./ dn:m e Party= _Initials I I -P HYDROLOGY I FLOOD CONTROL I WATER QUALITY 5.6-1 The developer shall submit to the City a CEQA Draft The stormwater runoff City of Palm A copy of the approved stormwater runoff plan prior to initiating con- EIR plan shall be Springs stormwater runoff plan shall struction for review and approval that demon- submitted to the City be retained by the City. The strates the detention basins will be designed prior to issuance of installation of required drain- with sufficient size to ensure the volume of grading permit. age improvements shall be runoff from the project site will not exceed the verified by field inspections. existing runoff volumes from the site. The Field inspection reports shall approved basins shall be installed as be retained in the project file. approved by the City. 5.6-2 The developer or other responsible parties CEQA Draft The project drainage City of Palm A copy of the approved approved by the City shall implement all the EIR design measures shall Springs project drainage design project design measures identified in Section be approved by the measures shall be retained 5.6.4.3 outlined above. City,and where by the City. The installation appropriate by County of required drainage system Project design measures include: Flood Control. Those improvements and facilities design measures shall be completed prior to Use detention basins in drainage areas to related to the phase or occupancy. Field inspec- reduce the volume of flow(surface runoff) portion of the site tions shall verify their instal- in each drainage area to a level equal to under construction lation in accordance with or below the flow volume which is shall be installed prior approved designs. Field currently in the drainage area. to occupancy of each inspection notes demon- phase or portion of the strating verification shall be Diversion of flows or installation of storm project. retained in the projectifle, drains on golf course holes where needed to minimize change in flows and water quality impacts from golf course operations and maintenance. o Implementation of BMPs to ensure that construction and occupancy impacts do not cause significant degradation of water .0 quality. Non-structural BMPs recom- ended in the Specific Plan include: 0 (D Cn MMRP Table, Page 8 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM - i n# A I_mpterrhtatron Res onaible _ Uenficatron Wit a Mfigafion_Measure _ Source P 41 = _ S�srtule Party - -- Imtrals HYDROLOGY/FLOOD CONTROL/WATER QUALITY(continued) 5.6-2 (a)routine inspection of catch basins by (cunt.) Palm Hills before and after the storm seasons,including cleaning to remove sediment and debris;(b)guidelines for fertilizer and pesticide usage,including proper application rates for the local area and soil type;and (c)erosion control measures,will be defined and adhered to. Structural BMPs identified: (a)control of hazardous waste during grading/construc- tion will be confined to designated areas and any contaminated soil or waste will be disposed of properly; (b)control of all sediment transport through desilting basins during grading/construction;and (c)erosion control through reduction in discharge flow velocities and the imple- mentation of detention features to provide natural desilting and filtering mechanism throughout the projects life. Grading Plan Development Standards to control wind and water born erosion during and after construction: (a)prior to initial grading activities,a soils report and geotechnical study shall be performed that further analyze on-site soil conditions and include appropriate o measures to control erosion and dust; V (b)erosion control plans including a dust o control program will be submitted con- +� currently with the grading plans. All appli- cable regulations relative to fugitive dust control,including Sections 8.50 and 8.04.230,240 of the Palm Springs MMRP Table, Page 9 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM tata Source - - esp "VE 19 HYDROLOGY I FLOOD CONTROL I WATER QUALITY(continued) 5.6-2 Municipal Code,will be adhered to; (cont.) (c)site construction may be phased which will require the interim use of temporary toes,ditches,sandbags,ground cover, slit fences,dedicated equipment parking areas and gravel access roadways at construction areas. Interim graded areas shall be designed to drain within the graded boundary,trapping construction sediments in depressed areas of desilting basins; (d)all requirements of the RCFC&WCD regarding erosion control for grading operations shall be implemented to reduce wind blown or water transported sediments; (a)energy dissipation devices will be provided downstream of storm drain outlets to protect watercourses from increases in flow velocity; If)all graded slopes shall be planted in a timely manner with plant materials that will stabilize the slopes and minimize erosion. During the interim period before permanent ground cover develops,straw,wood chips,or jute will be used as stabilizing agents;and (g)in conjunction with any grading activity that discharges fill within waters of the United States or may cause sedimenta- tion to accrue,a NPDES permit pursuant to the 1987 Clean Water Act shall be processed prior to the issuance of the grading permit. 0 .Fz 5.6-3 An Integrated Golf Course Management Plan CEQA Draft The project IGCMP City of Palm A copy of the approved :3 (IGCMP)shall be submitted to the City for EIR shall be reviewed and Springs IGCMP shall be retained by 0 0 review and approval. It shall contain sufficient approved by the City the City. The installation of information to demonstrate that irrigation prior to installation of required IGCMP facilities 0- water,pesticide and fertilizer application rates the golf course. required to mitigate impacts MMRP Table, Page 10 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM ' Implementation Responsible =N tif Date _2 , 4ti2l M eiiure, Source Venfication HYDROLOGY I FLOOD CONTROL I WATER QUALITY(continued) 5.6-3 will not generate surface runoff or leachate at shall be completed prior to (cont.) the soil/bedrock interface. application of irrigation, pesticides or fertilizers. Field inspections shall verify their installation in accordance with approved designs. Field inspection notes demonstra- ting verification shall be retained in the project file. 5.6-4 To further ensure that any leachate generated CEQA Draft The leachate City of Palm A copy of the approved does not cause adverse impact,the design of EIR monitoring system Springs leachate,monitoring system the golf course shall include a system to shall be designed and shall be retained by the City. monitor the movement of free water on approved prior to The installation of required bedrock at the lowest point of each golf initiating construction monitoring system facilities course turf grass landscaped area. The of the golf course. shall be completed prior to system shall be monitored from the time that The monitoring application of irrigation, irrigation and application of fertilizers and system shall be pesticides or fertilizers. Field pesticides begin. The monitoring data shall installed prior to inspections shall verify their be retained for a minimum of five years and initiating irrigation of installation in accordance both the City and Regional Board shall be the golf course. with approved designs. Field notified if either large quantities of leachate or inspection notes demonstra- concentrations of fertilizers or pesticides in ting verification shall be the leachate exceeding Basin Plan standards retained in the project file. If are detected, If large quantifies of leachate the irrigation management are detected, IGCMP shall be revised to system must be modified due eliminate this problem and the revised IGCIVIP to future failure or inadequa- shall be reviewed approved by the City. ties,the system modifica- tions shall be reviewed and o approved by the City,and field inspections shall verify modifications are completed 0 in a timely manner. 0 C) MMRP Table, Page 11 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM I-Miti Vetiffeafon NOISE Construction Noise 5.7-1 All construction vehicles or equipment fixed or CEQA Draft These measures shall City of Palm This measure shall be imple- mobile operated shall be equipped with EiR be implemented Springs mented through contract properly operating and maintained mufflers. during construction. stipulations with the con- Measure 5.7-3 shall tractor(s)that construct the 5.7-2 Stockpiling and/or vehicle staging areas shall be implemented to project. A copy of the stipu- be located as far as practical from residential protect the initial lafion shall be incorporated homes. phases of Palm Hills into each construction development contract and verification shall 5.7-3 The noisiest operations shall be arranged to construction staging be provided by the developer occur together in the construction program to noise. to the City in writing. Field avoid continuing periods of greater inspections during construc- annoyance. tion shall verify that the noise measure is being implement- ed during construction. Field inspection notes shall be retained in the project file. 5.7-4 Prior to initiating any blasting at the project CEQA Draft The blasting plan shall City of Palm A copy of the blasting plan site as part of the site grading and construc- EIR be submitted and Springs shall be retained in the tion effort,the developer shall submit a approved prior to project file. Conformance blasting plan to the City that provides detailed initiating any blasting with the plan shall be verified descriptions of the amount of blasting that will on the project site. All by field inspections when be implemented on the project site and of the blasting shall be blasting is being conducted. measures that will be utilized to ensure that implemented in Field notes verifying compli- the blasting will meet the performance stand- accordance with this ante with the plan shall be and established in the following measure. plan during construc- retained in the project file. This plan shall be submitted to the City Fire tion. Chief in accordance with Chapter 11.20 of the Municipal Code and no blasting shall be initiated until this Plan is approved by the City. 3 CO MNIRP Table,Page 12 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM _7 wiisci' Parma-ScheduleT Initials NOISE(continued) 5.7-5 All blasting must be conducted during daylight CEQA Draft These blast com- City of Palm Conformance with the blast hours between 10 a.m.and 4 p.m. All detona- EIR pflance measures Springs compliance measures shall tions shall be controlled so that the safe shall be implemented be verified by random particle velocity shall not exceed 0.60 in/sec during project con- measurement of blast Para- - at the nearest structure and blast over- struction. meters during blasting. pressure shall not exceed a level that can Compliance with blast break windows at the nearest structure, The parameters shall be verified allowable overpressure shall be established by field inspections when based on the distance between the location of blasting is being conducted. the blast and the nearest structure. Field notes verifying com- pliance with the blast para- meters shall be retained in the project file. 5.7-6 As part of the blasting plan submitted to the CEQA Draft The blast notification City of Palm Conformance With the blast City,the developer shall incorporate a notifi- EIR and education Springs notification and education cation and education program that at a mini- program shall be program shall be verified by mum will notify all property owners within one- submitted and field inspections conducted half mile of the project site that blasting will be approved by the City during blasting. Any com- conducted,the period over which blasting will prior to issuance of plaints or comments regard- be conducted,the time that blasts Will be grading permits. ing the blast program shall carried out,and a phone number where Notification of blasting be made available to the property owners can contact the developer or shall be completed City,with recommendations developer's representative to complain or prior to initiating for resolution,within 24 submit claims for damage to structures. The blasting,and actual hours of receipt by the blast notification to all property owners shall be implementation of the contractor. completed prior to initiating any blasting. program shall occur during construction. rn 5.7-7 The developer shall post a bond,to be CEQA Draft The bond shall be City of Palm The bond shall be retained established as part of the blasting plan,to pay EIR posted prior to Springs by the City and any claims 0 for any damage to structures that can be issuance of grading shall be submitted to the City o validated as being caused by blasting on the permits. for information Within 3 GO project site. 24 hours of receipt from a claimant,with recommen- a) n' d dations for resolution. MMRP Table,Page 13 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Irsrplemenfatron esponsible- V NOISE Operational Noise 5.7-8 With the exception of the main entry road up CEQA Draft The speed limit shall City of Palm Speed limit signs establish- to the entry gate,a maximum speed limit of EIR be established and in Springs ing the 25-mile per hour 25-miles per hour will be applied to all roads force prior to initiating speed limit shall be verified within the project of occupancy at the by field inspections. Field project site. inspection notes shall be retained in the project file. 5.7-9 Speed limit on the main entry road from the CEQA Draft The noise study City of Palm A copy of the noise study entrance to the Palm Hills Land Corp. EIR verifying the decision Springs shall be retained in the Property off of Palm Hills Drive through the to allow speed limits project file. Field inspections development shall not exceed 25 miles per greater than 25 miles shall verify that the building hour unless the developer incorporates noise per hour shall be noise attenuation measures attenuation buffers in the final development submitted and have been installed. Field design submitted to the City that reduces approved by the City notes of the verification shall exterior noise on the lots to 65 dB CNEL or prior to construction of be retained in the project file. less. The effectiveness of the design shall be structures. Noise verified in a noise study,which shall be attenuation measures submitted to the City for review and approval shall be installed prior to approval of the final site design. during construction of the structures. 5.7-10 For all areas within the Year 2020,60 dBA CEQA Draft The noise attenuation City of Palm A copy of the identified noise CNEL roadway contours,future buildings shall EIR measures for struc- Springs attenuation measures shall be sound attenuated against present and tures within the Year be retained in the project file. projected noise,which shall be the sum of all 2020 60 dBA CNEL Field inspections shall verify noise impacting the project,so as not to contour shall be that the building noise exceed an interior standard of 45 dBA CNEL defined prior to attenuation measures have in all habitable rooms. construction of the been installed. Field notes of exposed structures. the verification shall be retained in the project file. C ca MMRP Table, Page 14 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM f lit" lmpeementahon =Responsrtile Sfetus/Dat 1 ; �-.� .t, - _MrGgatron;fYleasure --'_ Source = - _ - _ Venficatwn Schedule Party,-_ slmfrals = ;`-:_ AIR QUALITY 5.5-1 The following mitigation measures shall be CEQA Draft All of the above con- City of Palm Copies of approved con- implemented throughout construction EIR struction air quality Springs struction contract with the activities in order to reduce project impacts. mitigation measures above construction equip- shall be incorporated ment air quality mitigation Use appropriate emission control devices into the construction measures shall be retained on gasoline and diesel construction contract and the by the City and field inspec- equipment and maintain construction measures shall be tions during construction equipment engines by keeping them implemented during agency shall verify the tuned. construction. Any measures are being imple- plans,such as for mented as identified in this Prohibit idling and other unnecessary traffic management, document. Field notes of operation of equipment. must be completed inspections shall be retained and available for in the project file. Utilize existing power sources(i.e.,tem- implementation prior porary power poles)and avoid onsite issuance of grading power generation. permits. For the upwind construction Have sufficient equipment at the site to activities,this carry out dust-control measures in all measure shall be areas covered by the contract work(not implemented when just the immediate area of construction). construction begins on the first phase,to the Limit mass grading to areas that can be extent feasible. effectively controlled for dust emissions. Employ construction activity management techniques,such as:configuring the con- struction parking to minimize traffic interference;extending the construction o period;reducing the number of pieces of equipment used simultaneously;increas- 0 IL ing the distance between the emission sources;and reducing or changing the hours of construction;to minimize. ° construction activity emissions. 0 rr a MMRP Table,Page 15 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM } Implementation Responsible = Status/Date7 Mdiga6onMeasare -_� - Source = - Venfi'cation - - ��- — Schedute _ Party_= =lmtials `_ __ AIR QUALITY(continued) 5.8-1 Maintain all work and access areas free (cont.) from dust. Cover loaded trucks used in construction operations with tarpaulins or maintain at least 2 feet of freeboard and wash off trucks leaving the site. Sheep streets if silt is carried over to adjacent public thoroughfares. Water,dust-generating surfaces or use dust palliatives at intervals to keep all parts of the disturbed area continuously damp. Water the site and clean the equipment in the morning and evening. -- Construction operations affecting offsite roadways shall be scheduled for offpeak traffic hours and shall minimize obstruc-tion of through-traffic lanes,particularly when extending the 12-inch irrigation pipeline through the adjacent neighbor- hood. M Construction activities should be rn scheduled to occur first on the upwind o portion of the project site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. 0 �Y N O N y a� MMRP Table,Page 16 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM �''"�`,'�--� = _ Y implementation Respons�tile Verficafian Status(Date/ _- r�'-sx s � - Mfigation Measure - ;- - Source Schedule Party% Imt�als AIR QUALITY(continued) 5.8-1 Develop a traffic plan to minimize traffic (cont.) flow interference from construction activities including advance public notice of routing. Use low VOC asphalt and coatings. 5.8-2 The proposed project shall comply with the CEQA Draft The dust control plan City of Palm Copies of approved dust provisions of Chapter 8.50 of the Palm EIR shall be reviewed and Springs control plan shall be retained Springs Municipal Code(see Appendix A)and approved prior to by the City and field inspec- the 2002 final draft Coachella Valley PM,,SIP issuance of grading tions during construction which establishes minimum requirements for permit. The measures agency shall verify the construction activities to reduce fugitive dust shall be implemented measures are being imple- and PM,emissions. A plan to control fugitive during construction. mented as identified in the dust through implementation of reasonably plan. Field notes of inspec- available dust control measures shall be tions shall be retained in the prepared and submitted to the City of Palm project file. Springs and SCAQMD for approval prior to the issuance of any grading permits asso- ciated with the project. The plan shall specify the fugitive dust control measures to be employed. 5.8-3 The project proponent shall comply with all CEQA Draft The dust control plan City of Palm Copies of approved dust applicable SCAQMD Rules and Regulations. EIR shall be reviewed for Springs control plan shall be retained In particular,SCAQMD Rule 403 shall be compliance with by the City and field inspec- adhered to,insuring the clean up of SCAQMD Rule 403 tions during construction construction-related dirt on approach routes to and approved prior to agency shall verify the rn the site. Rule 403 prohibits the release of issuance of grading measures are being imple- th fugitive dust emissions from any active permits. The mented as idenb e ine operation,open storage pile,or disturbed measures shall be plan. Field notes of inspec- surface area beyond the property line of the implemented during tions shall be retained in the emission source. Particulate matter deposits construction. project file. on public roadways are also prohibited. �y CL MMRP Table, Page 17 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM JSt0fLJb,"/Date V Source- -0 3 , 21 AIR QUALITY(continued) 5.8-4 A suitable dust control deposit as determined CEQA Draft The receipt for dust City of Palm A copy of dust control by the Building Official shall be required and EIR control deposit shall Springs deposit shall be retained by made prior to grading or demolition permit be received prior to the City. issuance. issuance of grading permits. 5.85 Adequate watering techniques shall be CEQA Draft Site watering to City of Palm Site watering shall be verified employed to partially mitigate the impact of EIR control fugitive dust Springs by field inspections. Insper, construction-generated dust particulates. shall be implemented tion notes verifying site Portions of the project site that are under- during construction watering shall be retained in going earth moving operations shall be ground disturbing the project file. watered such that a crust will be formed on activities. the ground surface and then watered again at the end of the day. 5.8-6 Any vegetative ground cover to be utilized CEQA Draft Site vegetative cover City of Palm Site vegetative cover shall be onsite shall be planted as soon as possible to EIR for disturbed shall be Springs verified by field inspections. reduce the disturbed area subject to wind planted in areas Inspection notes verifying erosion. Irrigation systems needed to water immediately after installation of site vegetative these plants shall be installed as soon as water is available to cover shall be retained in the possible to maintain the ground cover and control fugitive dust. project file. minimize wind erosion of the soil. This measure shall be implemented during construction. 5.8-7 Any construction access roads(other than CEQA Draft The installation of City of Palm The unpaved road speed temporary access roads)shall be paved as EIR paving and control of Springs limit shall be incorporated in soon as possible and cleaned after each work construction vehicle the construction contract and day. The maximum vehicle speed limit on speed will be imple- posted on unpaved construc- unpaved roads shall be 15 mph. mented during con- tion access roads. A copy of o struction. the contract shall be retained in the project file.The posted 0 speed limit signs shall be -ZOL verified by field inspections. Inspection notes verifying installation of signs shall be J retained in the project file. MMRP Table, Page 18 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM T�� F- - _ � V rJ gation Measure,!� Schedule AIR QUALITY(continued) 5.8-8 Grading operations shall be suspended during CEQA Draft This measure shall be City of Palm The construction suspension first and second stage ozone episodes or EIR implemented during Springs requirements(episodes and when winds exceed 25 mph,per the PM,, construction. winds)shall be incorporated SIP. in the construction contract. A copy of the contract shall be retained in the project file. Field inspections on high wind days and days With high ozone concentrations shall be conducted. Inspection notes verifying construction shut down shall be retained in the project file. 5.8-9 Any construction equipment using diesel drive CEQA Draft This measure shall be City of Palm The fuel sulfur content internal combustion engines shall use a diesel EIR implemented during Springs requirements shall be incor- fuel With a maximum of 0.05%sulfur and a construction. porated in the construction four degree retard. contract. A copy of the contract shall be retained in the project file. The equip- ment contractor shall main- tain fuel purchase records which shall be made avail- able for review upon request by the City. O V) U) M n MMRP Table, Page 19 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM I - AIR QUALITY(continued) 5.8-10 Construction personnel shall be informed of CEQA Draft This measure shall be City of Palm The City has a Transporta- ride sharing opportunities. EIR implemented during Springs tion Demand Management construction. program. A ride share program shall be required as part of the construction contracts. A copy of the contract shall be retained in the project file. Construction employees shall be provided ride share information and shall sign for the receipt of this information. A copy of the sign up sheet shall be retained by the contractor(s) and shall be made available to the City for review and inspection upon request. 5.8-11 Building construction shall comply with the CEQA Draft Structural compliance City of Palm The developer and/or archi- energy use guidelines in Title 24 of the EIR with Title 24 shall be Springs tect shall provide specific California Administration Code. demonstrated to the demonstration in building City prior to receipt of permit applications that building permits for structures comply with Title the structures. This 24 building requirements. measure shall be The applications shall be implemented during retained in the project file. construction. Building inspections during construction shall verify that rn the Title 24 design com- ponents have been installed. Field notes verifying compli- ance shall be retained in the project file. � CL MMRP Table, Page 20 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM = Implementation z Responsible yecifjbatton Statu s!Date-/ +,- �Mrbgatton�Measure_# Source SchetluCe Party_ - Initials'*_ - - AIR QUALITY(continued) 5.8-12 To reduce the probability of Valley Fever CEQA Draft The requirement for City of Palm A copy of the contract shall spore reproduction in the soil,the entire EIR pre-soaking the pro- Springs be retained in the project file. grading area shall be pre-soaked for a period ject areas to undergo Field inspections prior to of between 2 to 4 weeks;a minimum soil ground disturbance ground disturbance shall saturation depth of 12 inches shall be shall be included in verify that pre-soaking has achieved. In no event shall the pre-soak the construction been conducted for the period be less than 14 days,unless the contract. The pre- minimum 14 days. Field saturation depth reaches 12 inches before soaking shall be notes verifying compliance this time period. The City grading inspector implemented prior to shall be retained in the shall verify the completion of the deep ground disturbing project file. watering program. activities. 5.8-13 The applicant shall notify the residences CEQA Draft The notification to City of Palm A map of any residences within 1,000 feet of grading activities of EIR residences within Springs within 1,000 feet that require construction grading schedules through 1,000 feet of grading notification shall be field with posting the notices,newspaper advertise- shall be noted prior the City for retention in the ments or direct mailings. Sufficient notice to the start of grading. project file. A copy of the shall be provided that persons with com- Temporary relocation, dated notification shall be promised immune systems can provide the if required,shall occur retained in the project file. temporary relocation away from the project during grading activi- Any temporary relocations site during the initial rough grading period if ties within 1,000 feet shall be documented in the these individuals so choose. of residences. projectile. Field inspections prior to ground disturbance shall verify that pre-soaking has been conducted for the minimum 14 days. Field notes verifying compliance shall be retained in the projectfile. rn a N O r` O N N �p � a MMRP Table, Page 21 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM tinplementation Responsrb[e Status i Date! _ itrgatwneas�Mure = _ Source - - = Venfjeabon - - "- „ --: Schedule Parxy- - _ ;'-Initials AIR QUALITY(continued) 5.8-14 The following measures shall be implemented CEQA Draft The above measures City of Palm The project shall submit the when feasible to reduce the project opera- EIR shall be implemented Springs Transportation Demand tional impacts. The percent reduction for after the site is Management(TDM)Plan to each measure is provided. The measures occupied. the City prior to obtaining the and percentage of reduction were obtained first occupancy permit. This from the SCAQMD CEQA Handbook. Plan shall be implemented and field inspections shall • Orient building to North/South verify the measures are direction to reduce the energy being implemented. Field usage. 35% notes verifying compliance • Trips reduction by good transit shall be retained in the infrastructure measures. 15% project file. • Trips reduction by pedestrian enhancing infrastructure measures for residential and non-residential. 2% • Trips reduction by bicycle enhancing infrastructure measures for residential and non-residential. 7% • Trips reduction by providing (1)shopping shuttle services and(2)some frequently needed services. 15% Provide transit shelters benches. 2% VISUAL RESOURCES 5.9-1 Tinted windows shall be used in all structures CEQA Draft This measure shall be City of Palm The City shall require non- to decrease reflectivity,except where such a EIR implemented during Springs reflective windows to be M requirement conflicts with safety require- building design and incorporated into building ments. Under no circumstances shall construction. designs submitted to the mirrored or silvered windows be used at this City. Field inspections shall project site. verify the windows installed o are non-reflective. Field notes verifying compliance 0 o shall be retained in the o sI project file. � a MMRP Table, Page 22 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM 3 E -- Mingatronlyleasure Source linplementatron Responsible Yenfrcahon StetusiDate3 ,w F4'� ,� Schedule Party - Imtrals - - _ VISUAL RESOURCES(continued) 5.9-2 To further minimize intrusion on the frontal CEQA Draft This measure shall be City of Palm The City shall require build- slope ridge line under both alternatives, EIR implemented during Springs ing heights on the top of the building heights shall be further lowered so building design and front slope of the project to they are not exposed at the top of the ridge. construction. be incorporated into building designs submitted to the City. Field inspections shall verify the buildings are constructed in accordance with building permits. Field notes verifying compliance shall be retained in the project file. 5.9-3 For both alternatives, residential lots above CEQA Draft This measure shall be City of Palm The City shall require build- Southridge and behind the DWA Water Tanks EIR implemented during Springs ing designs at the referenced and the east side of the project that will be building design and locations on the project site visible from the valley floor shall be eliminated construction. to minimize intrusion on the or redesigned so as not to intrude on the frontal slope ridge. Field frontal slope ridge. inspections shall verify the buildings are constructed in accordance with building permits. Field notes verifying compliance shall be retained in the project file. 5.9-4 Although included in the Specific Plan,the CEQA Draft This measure shall be City of Palm The City shall require project developer and future residents shall EIR implemented during Springs design measures to be implement the grading,revegetation and site design and implemented for grading, architectural design guidelines referenced in construction. revegetation and architec- Q Section 5.9A.1. tural design guidelines for the project site to minimize c These include:(1)clustering,stepped founda- overall visual disturbance of rn bons,retaining walls,architectural treatments, the site. Field inspections including color,texture and massing,skyline shall verify that grading, o preservation,contour/landform grading, revegetation and architec- hillside road standards,lighting controls and tural design are implemented MMRP Table, Page 23 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM i�lbate T n es Mittgatiorr=Measure _ Source Verification - VISUAL RESOURCES(continued) 5.94 landscaping techniques;(2)integrate grading in accordance with the guide- (cont.) with natural terrain, increased slope ratio,use lines identified in section of retaining walls and slope planting; (3) 5.9.4.1 of the EIR. Field blending cut and fill slopes With the natural notes verifying compliance terrain;limiting'angular forms",curvilinear shall be retained in the grading of slopes grater than 10 feet in height; project file. meandering too of slope for high cut slopes, and use of natural color for brow ditches, terrace drains or other swales;(4)retail substantial natural open space,including revegetation of disturbed open space with native vegetation; (6)minimize disturbance associated with golf course and use native vegetation for landscaping; (6)minimize grading disturbance and preservation of rock outcrops,inclusion of natural landscape areas on private lots,minimize us of vegetation that would create green scarring,stringent design requirements for"overlooks"into the valley, integration of building form with natural topography,use of color compatible with the desert condition,and use of building materials compatible with the natural setting;and(7) restore roadways using measures in measure 1 above;and renaturalize cut slopes,remove rock stockpiles and provide enhancements. O � [L MMRP Table, Page 24 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Status Mitigatiodmeasuee __J J BIOLOGICAL RESOURCES 5.10-1 The eight design measures summarized in CEQA Draft This measure shall be City of Palm The City shall require project the EIR text at Section 5.10.4.3 shall be EIR implemented during Springs biology mitigation measures implemented by the project developer and site design,construc- to be implemented for the implementation shall be monitored in tion and occupancy. project site to minimize accordance with the mitigation monitoring overall impact and/or loss of program adopted for this project. These biological resources on the measures include:(1)retain 779 acres of site. Field inspections shall natural open space by deed restriction; verify that these project (2)protect palm oasis in undisturbed condi- mitigation are implemented fon; (3)native plant revegetation in areas of in accordance with the open space disturbed to install infrastructure; measures identified in (4)CC&Rs shall require dogs and cats as section 5.10.4.3 of the EIR. pets will be under positive control at all times; Field notes verifying com- (5)use only the plant materials shown on pliance shall be retained in Appendix A or added to the list with approval the project file. of the City;(6)relocate native plants removed for construction to the extent feasible and retain existing rock outcrops where possible; (7)avoid introduction of non-native invasive and toxic species of plants;and(8)imple- mentation of the recreational trail plan. O O 0 a) M U) MMRIP Table, Page 25 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Mfigastatus-/ fl- Measure_ §i.K' cli Initials BIOLOGICAL RESOURCES(continued) 5A0-2 All golf holes south of Eagle Canyon in the CEQA Draft If this alternative is City of Palm A copy of the revised devel- project Alternative I shall be shifted north of EIR selected,this project Springs opment plan for Alternative 1 Eagle Canyon or along the western,non- redesign shall be shall be retained in the incised portion of the Eagle Canyon channel completed prior to project file. Field inspections as shown in Alternative 2. initiating ground shall verify that the project disturbance of the developed an the Palm Hills project site. property occur in accordance with the revised development plan. Field notes verifying compliance shall be retained in the project file. 5,10-3 The applicant shall submit for review and CEQA Draft The design shall be City of Palm A copy of the final plans for a secure approvals of final plans for the sheep EIR completed and Springs sheep exclusion fence shall exclusion fence,include a description and approved by the City be retained in the project file. illustration of fence design,fence location, and pertinent regula- Field inspections shall verify and means of sheep vacation(if necessary) tory agencies prior to that the sheep exclusion from the project site. The required gate/ initiating ground fence constructed for the barrier to preclude unauthorized access to disturbance on the project is constructed in PBS habitat shall also be shown on the project site. accordance With the subject plans. approved plan. Field notes verifying compliance shall be retained in the project file. 5.10-4 Grading and construction shall be restricted CEQA Draft This measure shall City of Palm A copy of the construction to minimal activity and regulated within EIR incorporated into the Springs contract with this measure 100 yards of the rim of Eagle Canyon. This construction contract incorporated shall be requirement shall be incorporated into the prior to initiating retained in the project file. Storm Water Pollution Prevention Plan ground disturbance on Field inspections shall verify (SW PPP)prepared for the project with the project site. The that the grading and con- specific erosion control measures and measures shall be struction restrictions and appropriate access controls identified in the implemented during access controls constructed o SW PPP,including signage and fencing. construction. for the project are construct- o ed in accordance with these restrictions. Field notes verifying compliance shall be retained in the project file. MIVIRP Table,Page 26 'A PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM KA 1'7z A A BIOLOGICAL RESOURCES(continued) 5.10-5 Construction boundaries and access control CEQA Draft This construction City of Palm A copy of the construction shall be established in the field adjacent to EIR access control shall Springs contract with access controls Eagle Canyon and 211 unauthorized construc- be implemented to Eagle Canyon for ron- tion employee access or trespass into Eagle during construction. struction employees shall be Canyon shall be controlled during project The rehabilitation/ retained in the project file. construction, except hiking on the Araby Trail clean-up of the palm Field inspections shall verify and that required to protect andmaintain the oases shall be con- that the access controls desert fan palm woodland. The developer ducted within one year identified for the project are shall retain a qualified desert ecologist and following initiation of implemented in accordance rehabilitate/clean-up the palm oases and shall site construction with the access restrictions. also monitor the quality of the habitat at least (ground disturbance). Field notes verifying compli- annually,with a report submitted annually to The Palm Oases ante shall be retained in the the City regarding the status of the palm habitat evaluation project file. oases habitat quality relative to it current shall be submitted condition. annually following A Palm Oases rehabilitation completion of rehabili- plan shall be submitted to the tation. City by a qualified biologist. This plan shall be retained in the project file. Field inspec- tions shall verify that the rehabilitation plan has been implemented in accordance with the schedule outlined in the rehabilitation plan. Field notes verifying compliance shall be retained in the project file. Copies of annual inspection o reports shall be submitted to the City for review and reten- tion in the project file. G ro � CL MMRP Table, Page 27 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM ion nitrals �Ml BIOLOGICAL RESOURCES(continued) 5.10-6 Explicit instructions regarding waste disposal CEQA Draft This measure shall City of Palm A copy of the construction shall be established by the developer and EIR incorporated into the Springs contract with this measure approved by the City. No dumping or aban- construction contract incorporated shall be doning of chemicals,debris,trash or other prior to construction retained in the project file. A materials shall be permitted in the vicinity of on the project site. copy of the CC&RS with this Eagle Canyon,or on any other portion of the The measures shall requirement shall be retained site,except in designated disposal bins or be implemented in the project file. Field areas. during construction inspections shall verify that and occupancy. trash is not being disposed of improperly during construc- tion and occupancy. Field notes verifying compliance shall be retained in the project file. 5.10-7 All exterior lighting shall be low intensity and CEQA Draft This measure shall City of Palm A copy of the exterior lighting hooded to direct light away from natural open EIR incorporated into an Springs plan shall be retained in the space areas,and there shall be no perimeter exterior lighting plan project file. Field inspections lighting of the golf course,except where that will be submitted shall verify that exterior required for human safety. to the City for review lighting trash is being and approval prior to installed in conformance with installation of project requirements. Field notes exterior lighting. The verifying compliance shall be plan lighting require- retained in the project file. ments shall be imple- mented during construction and occupancy. O MMRP Table, Page 28 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM r' 'lmpfe onmentati Responsitrle - S_tatus[Datea s Mitigation Measure'= SoLrce Verrfioatron ; Schedule BIOLOGICAL RESOURCES(continued) 5.10-8 All natural open space within the project CEQA Draft The open space City of Palm A copy of the approved open boundaries shall be dedicated in perpetuity as EIR dedication shall be Springs space management plan a nature reserve through establishment of a completed prior to shall be retained in the conservation easement. The developer will ground disturbance at project file. A receipt for the prepare a management plan for this natural the project site. The endowment or an HOA open space and a non-wasting endowment or natural open space commitment to fund open HOA maintenance guarantee shall be management plan space management activities established to implement the open space shall be submitted and shall be retained in the management plan permanently in the future. approved prior to project file. Field inspections The performance standard for this plan is to occupancy of the site. shall verify that open space retain the native vegetation in as near natural The endowment for management activities or condition as possible of the long-term;clean- long-term manage- facilities are being imple- up of Eagle Canyon from the eastern edge of ment or HOA commit- mented in conformance with the property to the end of the incised canyon; ments shall be defined plan requirements.-Field and posting of signage,fencing and other in the Plan and shall notes verifying compliance measures to control access, particularly at be provided to the City shall be retained in the points of entry into on the open space portion prior to occupancy. project file. of the project site.This open space manage- ment plan shall be reviewed by the City and a qualified biologist of their choosing. 5.10-9 The applicant or its successors shall initiate CEQA Draft The required plant City of Palm A copy of the approved open and maintain removal of toxic and invasive EIR management activities Springs space management plan non-native plants from all onsite open space shall be incorporated shall be retained in the lands. An annual report on this activity shall into the open space project file. A copy of the be filed with the City. management plan. annual plant management The plant manage- reports shall be retained in ment(removal)activi- the project file. Field ties shall be initiated inspections shall verify that o after approval of the plant management activities open space manage- have been implemented in ment plan and the conformance with plan O n .7 o annual reports shall requirements. Field notes be submitted each verifying compliance shall be s January following retained in the project file. >r rL MMRP Table,Page 29 J PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM M_ Status Patel Mfigationa BIOLOGICAL RESOURCES(continued) 5.10-9 initiation of the plant (cont.) management activities. 5.10-10 Prior to initiation of grading activities within CEQA Draft The non-jurisdictional City of Palm A copy of the non-jurisdic- stream channels to be filled,the applicant EIR determination and the Springs tional letters and 1603 shall obtain concurrence from the Corps of CDFG 1603 Stream- Agreement shall be provided Engineers and Regional Board that the bed Alteration Agree- to the City prior to disturbing channels to be filled are not jurisdictional and ment shall be obtained any of the possible jurisdic- shall notify the California Department of Fish and presented to the tional channels on the and Game to obtain a Streambed Alteration City prior to disturbing property and shall be Agreement(if required by law). Upon com- any of the potential retained in the project file. pletion of construction all drainages shall be jurisdictional channels Field inspections shall verify revegetated using native plants such as on the property. The that revegetation activities catclaw(Acacia),desert lavender(Hyptis), revegetation of chan- have been implemented in honey mesquite(Prosopis)and smoke tree nels shall be initiated conformance with 1603 (Psorothamnus). prior to occupancy Agreement requirements. and completed within Field notes verifying com- five years, unless pliance shall be retained in otherwise directed by the project file. the regulatory agen- cies. 5.10-11 No tall shrubs or dense cover shall be allowed CEQA Draft The golf course City of Palm A copy of the approved golf within 50 yards of the boundary of the golf EIR landscaping plan shall Springs course landscaping plan course in areas adjacent to native scrub be submitted to the shall be retained in the habitat in the open space area. This will City for review and project file. Field inspections avoid providing approach and hiding cover for approval and shall shall verify that revegetation PBS predators. incorporate this design activities have been imple- rn The mented in conformance with landscaping for the 1603 Agreement require- golf course shall be ments. Field notes verifying 0 installed in conform- compliance shall be retained ance with the land- in the project file. -6 scaping plan during construction of the golf 12� CLL course. MMRP Table, Page 30 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Implementatron Responsible S{_atvs lDate/ <_ f� -k y M�Ggatwrt-Measure- s Source gchedule pay Verification Initials --` BIOLOGICAL RESOURCES(continued) 5.10-12 Even though the existing plant palette has CEQA Draft This measure must be City of Palm A copy of the approved plant been prepared to eliminate plant species toxic EIR implemented over the Springs palette shall be retained in to wildlife and invasive non-native plant life of the project at the project file. Proposals for species,any future revisions in the plant any time the plant modifying the palette shall be palette for the project site shall not include palette is proposed for accompanied by documenta- any such plant specie as determined by a revision. tion from a native plant qualified native landscape specialist prior to specialist verifying that the any such modification of the palette. change will not introduce a non-native toxic or invasive plant species to the project site. A copy of this verifica- tion document shall be retained in the project file. 5.10-13 For surface water features on the golf course CEQA Draft This measure must be City of Palm The site managers of surface or otherwise within the project,mosquito EIR implemented during Springs water facilities(golf course control measures that avoid contamination of occupancy of the ponds and debris/detention water sources shall be implemented. Such project site. basins)shall submit docu- measures could include the use of mosquito mentation to the City docu- fish or other natural methods. Mosquito menting their approach to control will be the responsibility of the golf mosquito control. A copy of course operator,hotel operator or HOA as the documentation shall be appropriate. retained in the project file. Field inspections shall verify that mosquito controls are being implemented in accordance with file docu- mentation. Field notes verifying compliance shall be o retained in the project file. N C O � t, o o ar r" n MMRP Table,Page 31 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Implemenfation Responsible -nit s=; BIOLOGICAL RESOURCES(continued) 5.10-14 Golf course ponds shall be designed to CEOA Draft This measure must be City of Palm The golf course manager of discourage vector breeding for mosquitos and EIR implemented during Springs surface water facilities(golf midges(Culicoides). Such design features occupancy of the course ponds and debris/ may include steep sides,fluctuating water project site. detention basins)shall levels and no vegetation in the pond,and submit documentation to the other features as appropriate. City documenting their approach to mosquito control. A copy of the docu- mentation shall be retained in the project file. Field inspections shall verify that mosquito controls are being implemented in accordance with file documentation. Field notes verifying com- pliance shall be retained in the project file. 5.10-15 Control of intestinal parasites on the site shall CEQA Draft This measure must be City of Palm The golf course manager be achieved through periodic testing of turf EIR implemented during Springs shall submit the periodic test and water and cleanup of golf course ponds. occupancy of the data from the golf course turf The cleanup measures must avoid the use of project site. and water tests for intestinal groundwater contaminants(fertilizers and parasites. If no parasites are pesticides). Parasite control will be the found,no further action will responsibility of the golf course operator or be required until the next operator of other surface water features. test. If parasites are detected,the method of control for the parasite shall be identified and when o control measures have been implemented,the manager shall submit data document- 0 co1 ing control of the parasite. MMRP Table, Page 32 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM StWtusl Patel Measure BIOLOGICAL RESOURCES(continued) 5.10-16 Prior to occupancy of the project site or play CEQA Draft The information City of Palm A copy of the information on the golf course,the developer shall pre- EIR pamphlet shall be Springs pamphlet shall be retained in pare an information pamphlet on the wildlife completed and the City's project file. Field values of the surrounding habitats and the approved prior to inspections shall verify that potential effects of human activities. In initiating golf play on the pamphlets are being particular,the informatfon will focus on PBS the site. Distribution given to golfers playing the use and behavior in the surrounding moun- of the pamphlet shall course. Field notes verifying fain. The information will be prepared by a occur over the life of compliance shall be retained qualified biologist and approved by the City play on the golf in the project file. prior to distribution. The information will be course. provided by the project proponent and made available to future residents,hotel guests and golf course users on an ongoing basis by the developer and golf course operator. 5.10-17 Golf play and use of any driving range shall CEQA Draft The limitations on golf City of Palm A copy of the course's rules be restricted to the hours between sunrise EIR play shall be included Springs with this restriction shall be and sunset. in the course's rules of retained in the City project plan and the use file. Field inspections shall restriction shall be verify that the golf play does implemented during not begin before sunrise nor the period the golf continue after sunset Field course is open for notes verifying compliance play. shall be retained in the project file. O a) rp MMRP Table, Page 33 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM 'Implam"on Responsible Mitigation Measure ;` Sourcef6ption BIOLOGICAL RESOURCES(continued) 5.110-18 Dedication of habitat elsewhere will be CEQA Draft The approved com- City of Palm A copy of the deeded land required to offset,to the extent feasible, the EIR pensation acreage Springs and conservation easement direct loss of PBS critical habitat on the shall be deeded to the shall be retained in the property and the contribution to cumulative City or its designated project file. loss of PBS habitat in the project area. The agency prior to ground developer shall dedicate a minimum of 1,233 disturbance. (411 acres x 3= 1,233 acres)of comparable or better quality habitat within the north Santa Rosa ewe group Recovery Region (SR-N74). The location of this habitat shall be approved by the City,in consultation with regulatory agencies and a qualified biologist. The acquired land shall be deeded to the City or a conservation agency or management party deemed acceptable to the City. 6.10-19 The home sites overlooking Eagle Canyon CEQA Draft The revised plan City of Palm A copy of the revised plan (see Figures 2-5 and 2-6)shall be removed. EIR shoving the removal Springs shall be retained in the of any residences project file. overlooking Eagle Canyon shall be provided to the City for approval prior to initiating construction of any structures on the property or establishment of lots, whichever comes earlier. I rn 0 MMRP Table, Page 34 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM T'i ource�-z Schedule m i BIOLOGICAL RESOURCES(continued) 5.10-20 Golf holes 6,7 and 8 in the Alternative Plan CEQA Draft The revised plan City of Palm A copy of the revised plan will be redesigned to minimize Views into EIR showing the relocation Springs shall be retained in the Eagle Canyon, including keeping cart paths of the referenced golf project file. on the north edge of fairways. Golf holes on holes overlooking the west of the incised portion of Eagle Eagle Canyon shall be Canyon shall be redesigned to minimize provided to the City for visual orientation down the steep walled approval prior to canyon and fenced to exclude PBS from initiating construction access to the active play area of these holes. of the golf course. 5.10-21 To offset the loss of approximately 1.46 acres CEQA Draft The mitigation for the City of Palm Documentation of the of stream channel habitat,the developer shall EIR loss of stream channel Springs mitigation for loss of stream provide I A6 acres of compensatory riparian habitat shall be channel habitat shall be habitat of higher quality than presently exists accepted by the City retained in the project file. If or purchase 1.5 acres of riparian/wetland and CDFG prior to habitat is being created as habitat mitigation bank credits offsite. The disturbance of the opposed to being acquired, City finds that this compensation is sufficient stream channels. then the City shall be notified to meet the loss of channel habitat on the when the created habitat is property, but this value may be increased(not accepted by the regulatory decreased)in accordance with acquisition of agency. a 1603 Streambed Alteration Agreement from the California Department of Fish and Game. A copy of the Agreement shall be provided to the City prior to initiating ground disturbance on the project site. 5.10-22 The access road to the Allottee land shall CEQA Draft The speed limit shall City of Palm The approved onsite road- include a maximum design speed of 25 miles EIR be established when Springs way designs shall be retain- per hour and shall be designed to maximize the roads are com- ed in the project file. The open views of the adjacent terrain,to the plated and the design speed limit signage shall be extent feasible, shall be reviewed and installed prior to occupancy approved prior to of the property. Field 0 construction of the inspections shall verify that Indian Allottee access the roadways are construct- o road. MMRP Table, Page 35 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM I Date 1, Status MltigatioriA- eas Schedule Patty„- -T Initials- BIOLOGICAL RESOURCES(continued) 5.10-22 ad as designed and that (cont.) speed limit signage is installed. Field notes verifying compliance shall be retained in the project file. PUBLIC SERVICES AND UTILITY SERVICE SYSTEM Police Protection 5.11.2-1 Prior to construction,the project developer CEQA Draft The security plan shall City of Palm The approved security plan shall retain a security design consultant to EIR be submitted and Springs shall be retained in the review and provide trespass and safety approved prior to project file. Field inspections recommendations on the design and con- initiating construction shall verify that the plan's struction of the project. This plan shall be on the property. It measures are being imple- reviewed and approved by the City's Police shall be implemented mented during construction Department. The plan shall incorporate during construction and occupancy. Field notes sufficient measures to ensure that trespass and occupancy. verifying compliance shall be and safety of the site are protected in accord- retained in the project file. ante with professional standards for the type of activities and facilities. Fire and Paramedic Services 5.11.3-1 Access roadways shall be designed to Fire CEQA Draft The fire access design City of Palm The approved construction Department specifications for width and grade EIR requirements shall be Springs drawings for the site showing and allow for routes which accommodate implemented during compliance with fire access incoming emergency vehicles and outgoing construction. requirements shall be evacuation of residents and guests. To retained in the project file. accomplish this,the following design stand- Field inspections shall verify ards shall apply: that the access design requirements are being access roads shall be a minimum of implemented during 20 feet in width and capable of supporting construction. Field notes 0 a weight of 50,000 pounds. verifying compliance shall be retained in the project file. I MMRP Table, Page 36 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM { " Implementation Resportaible Status/Date! e- z �- - -MitigatiogMeasure- -- Vcation § ': a f = Schedule at _ enfi= Initials PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) 5.11.3-1 access roads shall not exceed 12 percent (cont.) grade except for short stretches with a maximum grade of 15 percent turnarounds are required for dead end streets in excess of 150 feet long. 5.11.3-2 "Knox Boxes"shall be provided at all gates as CEQA Draft The required locations City of Palm The approved construction appropriate to allow emergency access EIR for installation of Springs drawings for the site showing throughout the site. "Knox Boxes"shall compliance with"Knox Bob' be reviewed and locational requirements shall approved by the City be retained in the project file. Fire Department prior Field inspections shall verify to occupancy of the that the"Knox Boxes"have site. The"Knox been installed as required Boxes"shall be during construction. Field installed during con- notes verifying compliance struction. shall be retained in the project file. 5.11.3-3 The golf course lakes shall be designed to CEQA Draft The golf course City of Palm The approved construction allow access for pumper trucks to refill and for EIR lake/pond design and Springs drawings for the golf course rotor-wing aircraft to hover fill during fire access for fire fighting lakes/ponds shall be retained fighting operations. purposes shall be in the project file. Field reviewed and inspections shall verify that approved prior to the lakes/ponds have been initiating construction installed as required during of the golf course. construction. Field notes The lakes/ponds shall verifying compliance shall be be installed as retained in the project file. required during con- struction of the golf 0 course. 3 W N � 2a MMRP Table, Page 37 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Implementation Di I M Mid! A- on,aa i Venficatron PUBLIC SERVICES AND UTILITY SERVICE SYSTEM(continued) 5.11.3-4 All habitable structures or other structures CEQA Draft The determination that City of Palm Documentation of which shall be sprinklered as required by City EIR sprinklers will be Springs structures require approved Ordinance. installed in structures sprinkler systems shall be on the project site will retained in the project file. be made prior to Field inspections shall verify issuance of building that the sprinklers have been permits. If required, installed as required during sprinklers will be construction. Field notes installed during con- verifying compliance shall be struction. retained in the project file. 5.11.3-5 The project shall utilize fire resistant exterior CEQA Draft Compliance with this City of Palm Copies of building permits building materials, including a minimum of EIR construction require- Springs that document the type of Class A building roofs. Wood roofing ment shall be demon- construction material, materials are prohibited. strated when building including roofs,shall be permits are submitted retained in the project file. for each structure. Field inspections shall verify The approved struc- that the approved building tural building materials materials have been installed shall be utilized when as required during construc- buildings are construc- tion. Field notes verifying ted. compliance shall be retained in the project file. 5.11.3-6 The project applicant shall design and CEQA Draft Water system design City of Palm A copy of the water system construct all water mains,fire hydrants,and EIR shall be approved by Springs design drawings that onsite circulation in accordance with City of the City to ensure document compliance with Palm Springs Fire Department rules and adequate fire flows. City requirements shall be regulations prior to the issuance of occupancy The approved design retained in the project file. and building permits. shall be installed Field inspections shall verify during construction. that the approved water system components have o -:r been installed as required during construction. Field o notes verifying compliance shall be retained in the projectfile. MMRP Table, Page 38 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM ImplementationD, Verflicatib �te J PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) 6.11.3-7 The projects developer shall create and CEQA Draft The fuel modification City of Palm A copy of the approved fuel implement,with consultation and approval EiR and maintenance plan Springs modification and mainten- from the City of Palm Springs Fire Depart- shall be approved ante plan shall be retained in ment,a fuel modification and maintenance prior to issuance of the project file. Field inspec- plan where necessary,which provides fire building permits. The tions shall verify that the safety buffer treatments between natural open plan shall be imple- approved fuel modification space and planned buildings and which mented during facilities and maintenance provides for long term maintenance of the construction and activities have been installed buffer,prior to the issuance of occupancy occupancy. as required during construc- permits. Maintenance under the plan shall tion. Field notes verifying continue for the life of the project by the compliance shall be retained property owners association(Palm Hills in the project file. Homeowners Association)and individual property owners. 5.11.3-8 The construction of this project shall utilize,to CEQA Draft The individual building City of Palm A copy of the approved build- the extent feasible,non-combustible building EIR permits and land- Springs ing permits demonstrating materials,and fire resistant ornamental scaping shall be compliance with building vegetation,subject to Fire Department reviewed&approved material and vegetation approval prior to the issuance of occupancy by the City prior to requirements,shall be permits. issuance of building retained in the project file. permits. The building Field inspections shall verify an'd landscape design that the approved materials requirements shall be and landscaping have been implemented during installed as required during construction and construction. Field notes occupancy. verifying compliance shall be retained in the project file. O Q. MMRP Table, Page 39 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM k V-enfii.ca t i .. ........... ul US s PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) 5.11.3-9 The project applicant shall create and CEQA Draft The program imple- City Of P21M A copy of the program implement,with consultation and approval of EIR menting this measure Springs demonstrating adequate the City of Palm Springs Fire Department,a shall be designed and emergency access and program that establishes methods and approved prior to response shall be retained in equipment needed to provide adequate issuance of occu- the project file. Field inspec- emergency assistance and response in panty permits. tions shall verify that the remote areas of the golf course and all of the approved program facilities development prior to issuance of occupancy and actions have been permits. installed as required during construction. Field notes verifying compliance shall be retained in the project file. 5.11.3-10 Water service shall be available to the golf CEQA Draft Documentation of City of Palm A copy of the documentation course area prior to the start of construction. EIR water service avail- Springs demonstrating water service ability shall be availability shall be retained provided to the City in the project file. Field prior to initiating inspections shall verify that construction of the golf the water service facilities course. and water supply have been installed as required prior to constructing the golf course. Field notes verifying compliance shall be retained in the project file. 5.11.3-11 The project shall include the provision of a CEQA Draft Documentation of City of Palm A copy of the documentation small onsite fire and medical aid station. EIR funding and installa- Springs demonstrating compliance Qualified emergency training technicians tion of the onsite fire with fire and medical facility and/or paramedics shall man this section. and medical aid and manpower requirements ti Funding for the facility shall be defined in the facilities and man- shall be retained in the z Development Agreement approved for the power shall be project file. Field inspections project. provided to the City shall verify that the facilities prior to occupancy. and manpower are in place M MMRP Table, Page 40 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Implementation 9 Responsible - StatuslAatelt M�fi "on_Measure__, - Source Vanficat�on - =mSchedue Party =In[tiaLs '"- PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) 5.11.3-11 prior to occupying the site. (cunt.) Field notes verifying compliance shall be retained in the project file. Parks and Recreation 5.11.4-1 The project has been designed to provide CEQA Draft Documentation City of Palm A copy of the documentation internal trail linkages,some of which must be EIR demonstrating Springs demonstrating compliance realigned from existing locations within the connections of the with trail connections shall be property. The following links are provided referenced trails shall retained in the project file. along existing or realigned trails to approxi- be submitted to the Field inspections shall verify mate the existing level of trail access on site; City prior to occu- that the trail connections are panty. in place prior to occupying • to the Araby Trail on the northwest, the site. Field notes verifying • to the Clara Burgess Trail on the south, compliance shall be retained • to the"Hofbrau"palm oasis in Eagle in the project file. Canyon, • Cathedral City to the Wildhorse, Garston,and Araby Trails along the dirt road used by mountain bikers. 5.11.4-2 The project developers(PHLC and Allottees) CEQA Draft Documentation City of Palm A copy of the documentation shall consider the installation of a perimeter EIR showing the design Springs demonstrating compliance trail on the north side of the site to allow trail shall be submitted and with the requirement for a users to hike into the area without going approved by the City new trail along the north side deep into Murray Hill Ridge. This new trail prior to occupancy. of the property shall be will be evaluated separately after an align- retained in the project file. ment is identified in the future. Field inspections shall verify T that the new trail is in place prior occupying � p the site. ti Field notes verifying com- iz: pliance shall be retained in ° the project file. 3 o � a L o_ MMRP Table,Page 41 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM f Implementation Responsible StatusJDate/ MJ PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) 5.11.4-3 The developer shall pay a park land CEQA Draft Documentation City of Palm A copy of the documentation dedication fee based upon the number of EIR showing the fee has Springs demonstrating compliance permanent residents and transient visitors if been paid or an the requirement for payment such fee is adopted by the City Council;or, approximate 5-acre of fees or construction or alternatively the project shall dedicate or park funded or funding of a new approxi- fund development of five acres of park land dedicated shall be mate 5-acre park shall be per 1,000 permanent residents. provided to the City retained in the project file. prior to occupancy. Schools 5.11.5-1 The Palm Hills develop will be required to CEQA-Draft Documentation City of Palm A copy of the documentation pay all state mandated(Government Code EIR showing the fee has Springs demonstrating payment of Section 65995)developer impact fees prior been paid shall be school fees shall be retained to building permit issuance. provided to the City as in the project file. each structure is constructed on the I project site. Public Transportation 5.11.8-1 The Palm Hills development shall provide CEQA Draft The hotel developer/ City of Palm A copy of the transportation transportation for employees from Route 111 EIR operator shall submit Springs plan shall fees shall be and Palm Hills Drive to work locations at the a transportation plan retained in the project file. beginning and end of work shifts. for employees from Field inspections shall verify the referenced inter- that the transport plan is in section to the hotel. operation in accordance with This plan shall be measures in the plan. Field reviewed and notes verifying compliance approved by the City shall be retained in the prior to initiating project file. operation of the hotel. 0 OJ n. IMMRP Table, Page 42 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Implemeo4ation ResponsibleMiif4itlon Measure � V Schedule -h-d 1 PUBLIC SERVICES AND UTILITY SERVICE SYSTEM(continued) Water Supply and Demand 5.11.9-1 All appliances such as showerheads, CEQA Draft The developer of each City of Palm A copy of the documentation lavatory faucets and sink faucets shall EIR structure or irrigation Springs verifying water conservation comply with efficiency standards set forth in system shall demon- compliance for structural Title 20, California Administrative Code, strate that the appli- equipment and landscape Section 1604(f).Title 24 of the California ances used in the irrigation systems shall be Administrative Code,Section 1606(b) structure comply with retained in the project file. prohibits the installation of fixtures unless the the referenced water Field inspections shall verify manufacturer has certified to the California conservation regula- that the water system equip- Energy Conservation Compliance with the tions prior to their ment has been installed in flow rate standards. Said facilities to be installation. accordance with the design installed prior to issuance of occupancy plans. Field notes verifying permits. compliance shall be retained in the project file. 5.11.9-2 The project landscape plan shall incorporate CECA Draft The landscape plan City of Palm A copy of the approved drought tolerant plant materials and other EIR incorporating drought Springs landscape plan shall be methods to achieve water conservation to tolerant species and retained in the project file. the maximum extent feasible. The plan shall water conservation Field inspections shall verify be submitted to the Department of Planning design measures shall that landscape plan has and Building prior to the issuance of grading be reviewed and been installed in accordance permits. approved prior to with the design plans. Field installing landscaping notes verifying compliance and irrigation systems. shall be retained in the I project file. O 0 G 0 U) a) co Elf 0- MMRIP Table,Page 43 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Ice - - Schedule Party,` �.Initials,._`- PUBLIC SERVICES AND UTILITY SERVICE SYSTEM(continued) Solid Waste 5.11.11-1 The project operator(s)shall participate in CEQA Draft The hotel and recrea- City of Palm A copy of the approved solid the Palm Springs curbside recycling EIR tional components of Springs waste recycling program collection program. the project shall shall be retained in the submit a solid waste project file. Field inspections recycling program to shall verify that solid waste the City for review and generated during construc- approval to be imple- tion and occupancy by the mented during both hotel and recreational construction and components of this project occupancy. are being implemented in accordance with the pro- gram. Field notes verifying compliance shall be retained in the project file. 5.11.11-2 The project operator(s)shall be required to CEQA Draft The solid waste City of Palm A copy of the approved solid dispose of green waste at appropriate EIR recycling program Springs waste recycling program cogeneration and composting facilities. submitted to the City shall be retained in the for review and project file. Field inspections approval shall include shall verify that green waste appropriate manage- generated during construc- ment of green waste tion and occupancy is being as required. managed in accordance with the program. Field notes. verifying compliance shall be retained in the project file. O ry, MMRP Table, Page 44 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM J ' - IMP 77 PUBLIC SERVICES AND UTILITY SERVICE SYSTEM (continued) Electricity 5.11.12-1 As detennined by the CPUC approved SCE CEQA Draft Documentation City of Palm A copy of the documentation Tariffs specifically Rule#15,the project EIR demonstrating pay- Springs shall be retained in the applicant shall be responsible for paying the ment of any fees project file. Field inspections costs of the necessary electrical line and/or extension of shall verify that the electricity extension to the project site,onsite distri- the electricity distri- distribution system exten- bution system,and any other associated bution system shall be sions have been installed in service components prior to the installation provided to the City accordance with system of that system. prior to occupancy. engineering drawings. Field notes verifying compliance shall be retained in the project file. 5.11.12-2 As determined by SCE,the project applicant CEQA Draft Documentation City of Palm A copy of the documentation will grant to SCE any electrical easements EIR demonstrating Springs shall be retained in the necessary for the installation,operation,and conveyance of project file. Field inspections maintenance of the electrical distribution necessary easements shall verify that the ease- system prior to the installation of the system. to SCE shall be ments necessary to support provided to the City the distribution system on the prior to extension of project site have been utilities to the site. granted in accordance with system requirements. Field notes verifying compliance shall be retained in the project file. O C) ;jam N K o MMRP Table, Page 45 PALM HILLS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING AND REPORTING PROGRAM Mob A at- PImplementation� - !Dated ' _ Verification at- s4 - m_ �-a ft t PUBLIC SERVICES AND UTILITY SERVICE SYSTEM(continued) Natural Gas 5.11.13-1 The applicant will execute the appropriate CEQA Draft Documentation City of Palm A copy of the documentation contracts for service and pay the applicable EIR demonstrating pay- Springs shall be retained in the line extension fees prior to the installation of ment of any fees project file. Field inspections the natural gas service facilities. and/or extension of shall verify that the natural the natural gas distri- gas distribution system bution system shall be extensions have been provided to the City installed in accordance with prior to occupancy. system engineering draw- ings. Field notes verifying compliance shall be retained in the project file. 5.11.13-2 The applicant will execute the appropriate CEQA Draft Documentation City of Palm A copy of the documentation rights-of-way documents to allow the EIR demonstrating con- Springs shall be retained in the installation of the serving facilities prior to the veyance of necessary project file. Field inspections installation of the natural gas service easements to The shall verify that the ease- facilities. Gas Company shall ments necessary to support be provided to the City the distribution system on the prior to extension of project site have been utilities to the site. granted in accordance with system requirements. Field notes verifying compliance shall be retained in the I I project file. O MMRP Table,Page 46