HomeMy WebLinkAbout24082 RESOLUTION NO. 24082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED
GENERAL PLAN AMENDMENT, A PLANNED
DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF
ZONE, A MAJOR ARCHITECTURAL APPLICATION, AND A
TENTATIVE TRACT MAP FOR A 386-UNIT RESIDENTIAL
DEVELOPMENT ON A 156-ACRE SITE FORMERLY
KNOWN AS THE PALM SPRINGS COUNTRY CLUB GOLF
COURSE, GENERALLY LOCATED NORTH OF VERONA
ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF
THE WHITEWATER RIVER WASH.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. Palm Springs Country Club, LLC ("Applicant') filed applications pursuant to Palm
Springs Zoning Code (PSZC) Section 94.04 (Architectural Review), Section 94.07
(Change of Zone), Section 94.03 (Planned Development District), Palm Springs
Municipal Code (PSMC) Section 9.63 (Subdivision of Land — Procedure) and California
Government Code Sections 65350-65362 (General Plan Amendment) for a proposed
386-unit residential development (APN 501-190-002, 501-190-011, 669-480-027, 669-
590-066) ("Project').
B. The Project is considered a "project' by the California Environmental Quality Act
(CEQA).
C. On December 23, 2014, the City issued a Notice of Preparation (NOP) and Initial
Study on the Project indicating that a draft Environmental Impact Report (DEIR) would
be prepared on the proposal. Under State Clearinghouse No. 2014121075, the NOP
was circulated to responsible agencies and interested groups and individuals for review
and comment. A copy of the NOP and comments thereon are included in Appendix B of
the Draft EIR. The NOP comment period ran from December 23, 2014 to January 21 ,
2015.
D. On January 8, 2015, a public Scoping Meeting was held to receive comments on
preparation of the DEIR.
E. A Draft EIR was prepared that reflected the independent judgment of the City as
to the potential environmental impacts of the Project.
F. On June 29, 2015, the DEIR was released and circulated for public review under
State Clearinghouse No. 2014121075, with the 45-day comment period ending on
August 12, 2015.
Resolution No. 24082
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G. The City received written comments on the DEIR and prepared responses that
describe the disposition of environmental issues raised by the comments, and made
changes to the DEIR. The comments, responses to comments, changes to the DEIR
and additional information were published in a Final Environmental Impact Report
(FEIR) dated October 2015. The DEIR, the FEIR, and all the appendices comprise the
"EIR" referenced in these findings and this Resolution.
H. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider the Project was given in accordance with applicable law for the
meeting of November 12, 2015. At the November 12th meeting, the Planning
Commission continued the item without holding a public hearing to an adjourned
meeting on November 18, 2015.
I. On November 18, 2015, the Planning Commission held a public hearing on the
Project in accordance with applicable law; at this meeting the Planning Commission
continued the item for further review at a study session.
J. On January 27, 2016, February 10, 2016, and March 14, 2016, the Planning
Commission held study sessions to review the Project in further detail.
K. On April 13, 2016, the Planning Commission held a public hearing on the Project
in accordance with applicable law. Upon reviewing and considering all evidence
presented, the Planning Commission voted to recommend that the City Council certify
the EIR, make all required findings and statements of overriding considerations, and
adopt all mitigation measures.
L. On August 3, 2016, the City Council held a public hearing on the Project in
accordance with applicable law. After taking public testimony, the City Council voted to
continue the item to the meeting of September 7, 2016.
M. At the meeting of September 7, 2016, the City Council carefully reviewed and
considered the information contained in the EIR, all of the evidence presented in
connection with the meetings on the Project including, but not limited to, staff reports on
all aspects of the Project, and all written and oral testimony presented, and found the
EIR to be in compliance with CEQA and found that any significant environmental
impacts outlined in the report will be adequately mitigated or that there are overriding
considerations that render such impacts acceptable.
N. A Mitigation Monitoring Program prepared for the EIR pursuant to CEQA has
been incorporated into the Project whereby environmental impacts will be mitigated to
the extent feasible.
O. The certification of the Draft EIR, and approval of the Mitigation Monitoring Plan,
and the Statement of Overriding Considerations is consistent with the provisions of
CEQA.
Resolution No. 24082
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THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS
FOLLOWS:
SECTION 1. The EIR is an adequate assessment of the potential environmental
impacts of the proposed Project under the guidelines of the CEQA. The EIR has been
prepared, published, circulated and reviewed in accordance with CEQA, the State
CEQA Guidelines and the provisions of the City of Palm Springs. With the exception of
cumulative Air Quality and Greenhouse Gas Emissions, which the EIR identifies as
significant and unavoidable impacts, the mitigation measures outlined in the Mitigation
Monitoring Plan are sufficient and adequate to reduce potentially significant impacts to
less than significant levels.
SECTION 2. The City Council has reviewed and considered the information
contained in the EIR prior to approval of the Project and the EIR reflects the City's
independent judgment and analysis.
SECTION 3. The City Council adopts the Findings of Fact attached to this
Resolution as Exhibit A.
SECTION 4. The City Council adopts the Statement of Overriding
Considerations attached to the Resolution as Exhibit B, including the specific finding
that benefits of the Project outweigh the significant and unavoidable impacts to
cumulative Air Quality and Greenhouse Gas Emissions.
SECTION 5. The City Council hereby certifies the EIR and adopts the Mitigation
Monitoring Plan for the project, attached to this Resolution as Exhibit C. The
documents that constitute the record of proceedings are located at 3200 E. Tahquitz
Canyon Way, Palm Springs, California 92262, and the custodian for these documents is
the City Clerk.
ADOPTED THIS 7T" DAY OF SEPTEMBER, 2016.
David H. Ready, City anager
ATTEST:
ames Thompson, City Clerk
Resolution No. 24082
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24082 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 7th day of September,
2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
GJames Thompson, City Clerk
City of Palm Springs, California "1Z7-/zor�
Resolution No. 24082
Page 5
EXHIBIT A
Case 5.1327 PD-366 /ZC / MAJ /TTM 36691
Palm Springs Country Club, LLC
"Serena Park"
September 7, 2016
1. Findings of Fact Regarding the Final Environmental Impact
Report Prepared for the Serena Park Project
The Draft EIR and Final EIR, prepared in compliance with the State CEQA
Guidelines, evaluates the potentially significant and significant adverse
environmental impacts that could result from approval of the Serena Park
Project, which — as evaluated in the EIR — proposes the development and
construction of 386 single family units on 126 acres and a public park on 5 acres
located in the City of Palm Springs. The Project is located in the former Palm
Springs Country Club Golf Course, which is Zoned Open Land Zones (O and 0-
5) and has a General Plan land use designation of Open Space Parks and j
Recreation (OS-P/R). The Project is requesting a Change of Zone from Open
Land Zones to Planned Development District 366 (PD-366), and a General Plan
Amendment to modify the land use designation from Open Space Parks and
Recreation to Very Low Density Residential (VLDR). The project proposes a
tentative tract map to subdivide the site into 386 lots for single family detached
and attached units ranging from 1,342 sf. for attached units and up to 2,524 sf.
for detached lots. The Project is located north of Verona Road, east of Farrell
Drive, north of Joyce Drive, east of Sunrise Way and southwest of the
Whitewater River Wash, and within Section 1, Township 4, Range 4 and Section
36, Township 3, Range 4.
As the FEIR concludes that implementation of the Project, as amended (and the
Project alternatives) would result in adverse impacts, the City is required under
the State CEQA Guidelines to make certain findings with respect to these
impacts (CEQA Guidelines Section 15091). The required findings appear in the
following sections of this resolution. This resolution lists and describes the
following, as analyzed in the DEIR and FEIR: 1) potential impacts determined to
be less-than-significant in the DEIR and FEIR; 2) significant impacts that can be
avoided, minimized, mitigated, or substantially reduced with the implementation
of feasible mitigation measures; 3) impacts determined to be insignificant or less-
than-significant in the Initial Study Checklist; and 4) Project alternatives that were
developed and studied consistent with the CEQA Guidelines. These findings are
supported by substantial evidence in the record of proceedings before the City as
stated below.
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2. IMPACTS FOUND TO BE LESS THAN SIGNIFICANT IN THE DRAFT
EIR AND FINAL EIR:
Environmental Analysis
4.1: Aesthetics
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.1-1 through 4.1-
13 of the Draft EIR, the Project would not have a substantial adverse effect on a scenic
vista, it would not damage scenic resources, the character or quality of the site and its
surroundings would not be substantially degraded, and the project would not create a
substantial light source which would adversely affect day or nighttime views in the area.
Therefore, the Project would result in no significant aesthetic impacts and no mitigation
is required.
4.2: Air Quality
Exposure to Objectionable Odors
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.2-1 through 4.2-
51 of the Draft EIR, the South Coast Air Quality Management District (SCAQMD) has
compiled a list of facilities and operations that tend to produce offensive odors. While
almost any source may emit objectionable odors, residential buildings are not identified
on the SCAQMD list as common sources of odor emissions. No operation or activity on-
site shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, odors,
or other forms of air pollution which exceed levels identified as acceptable by the
SCAQMD or the Palm Springs 2007 General Plan or Palm Springs Municipal Code.
Therefore, the Project is anticipated to produce less than significant impacts pertaining
to the generation of objectionable odors affecting a substantial number of people.
Consistency with Regional Air Quality Plans
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.2-1 through 4.2-
51 of the Draft EIR, air quality impacts associated with the proposed project may be
considered cumulatively considerable because the project is not consistent with the
population growth assumed as the basis for the development of the most recently
adopted Air Quality Management Plan. The proposed project would require a change in
the existing land use designation (e.g., a General Plan Amendment and Zone Change).
Although the project-related long-term operational emissions of PM10, ROG and NOx
would be greater than the emissions anticipated for the site if developed under the
existing land use designations, these emissions would be less than the significance
thresholds established by the SCAQMD for both project-level and cumulative impacts.
4.3: Biological Resources
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.3-1 through 4.3-
16 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, it
was determined that the implementation of the Serena Park development project would
Resolution No. 24082
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result in less than significant impacts to many Biological Resources. A biological
investigation and survey showed that no plants, reptiles, birds, or mammals that are
identified by local, state or other government agency, were encountered or showed
substantial evidence of occupied habitat on the proposed project site. The proposed
project can be expected to result in the elimination of approximately 14 acres of creosote
scrub habitat including any native plant and animal species that may currently live on the
project site. Creosote scrub habitat is widespread in the desert regions of California.
There are no federally protected wetlands as defined by Section 404 of the Clean Water
Act. Hydrology analysis illustrates onsite storm flows across the developable plan area
sheet flow and infiltrate over a wide spread area and are not concentrated in a defined
channel or wash. There are no blue-line stream courses, as depicted by the United
States Geology Survey map on the project site. Therefore, the loss of this habitat and
other natural resources on the project site cannot be said to constitute a significant
adverse impact to the continued existence of the plant community and natural resources.
Less than significant impacts are anticipated related to this issue.
4.4: Cultural Resources
Historical Resources
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.4-1 through 4.4-8
of the Draft EIR, the proposed project site was completely developed in the past as a
golf course and has since been allowed to go fallow. Currently, there are no buildings on
the project site, the former clubhouse has since been demolished and the last vestiges
of the former golf course are hard surface areas such as tennis courts, clubhouse
foundation and old golf cart paths. As there are no buildings or any recorded historical
sites on the property, the redevelopment of the property will not cause any adverse
change in historical resources. Less than significant impacts are anticipated.
Archeological and Paleontological Resources
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.4-1 through 4.4-8
of the Draft EIR, archaeological and paleontological resources associated with the
Project site are currently unknown and may be buried beneath the old golf course.
Standard Conditions requiring on site monitoring by qualified Archaeologists/
Paleontologist during grading is required. Monitors shall stop grading operations should
any archaeological or paleontological resources be found during construction.
Archaeological resources will be evaluated before development activities resume. Less
than significant impacts are anticipated to archaeological and paleontological resources
following standard conditions for archaeological monitoring.
Disturbance of Human Remains
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.4-1 through 4.4-8
of the Draft EIR, the proposed Project is not anticipated to disturb any human remains,
including those interred outside of formal cemeteries. The California Health and Safety
Code, Section 7050.5, and the CEQA Guidelines Section 15064.5 require that in the
event of discovery or recognition of any human remains in any location other than a
dedicated cemetery, there shall be no further excavation or disturbance of the site, or
Resolution No. 24082
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any nearby area reasonably suspected to overlay adjacent remains, until the County
Coroner has examined the remains. The Coroner shall contact Native American
Heritage Commission if any Native American Human Remains are found. The monitor
has the authority to halt any excavation during construction if any human remains are
found. In this circumstance, less than significant impacts are anticipated following project
standard conditions.
4.5: Geology and Soils
Seismic Ground Shaking
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.5-1 through 4.5-9
of the Draft EIR, building new structures for human occupancy would increase the
number of people exposed to local and regional seismic hazards. However, the project
does not lie within a currently delineated Alquist-Priolo fault zone or in an area subject to
seismic related ground failure. Therefore, no impacts related to known earthquake faults
are expected.
Soil Erosion
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.5-1 through 4.5-9
of the Draft EIR, the soils were visually classified to be in the low expansion category in
according with the California Building Code. Therefore, less than significant impacts are
anticipated related to expansive soils.
Liquefaction
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.5-1 through 4.5-9
of the Draft EIR, liquefaction more often occurs in earthquake-prone areas underlain by
young (Holocene age) alluvium where the groundwater is shallower than 50 feet below
the ground surface. However, within the Project site, other geologic hazards, including
fault rupture, liquefaction, seismically induced flooding, landslides and lateral spreading
are considered low or negligible on this site. Therefore, less than significant impacts are
anticipated.
Septic Tank
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.5-1 through 4.5-9
of the Draft EIR, soils that are incapable of adequately supporting the use of septic tanks
or alternative waste water disposal systems where sewers are not available for the
disposal of waste water are a concern. However, the project will not utilize a septic
system. Sewer services will be provided by the City of Palm Springs. Therefore, no
impacts are anticipated related to septic usage.
Other Geotechnical Constraints and Impacts
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.5-1 through 4.5-9
of the Draft EIR, the Project site is suitable for the proposed development provided that
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the following recommendations primarily contained within the project specific
Geotechnical Report are followed in the design and construction of the project. Following
implementation of the Standard Conditions and Mitigation Measures discussed in pages
4.5-7 through 4.5-9 of the DER, the Serena Park project is expected to result in less
than significant impacts related to Geology and Soils.
4.7: Hazards and Hazardous Materials
Facts in Support of Findinq
As presented in and determined by the analysis contained on pages 4.7-1 through 4.7-
10 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, the
project site and its surrounding property is not located on a hazardous material site and
is not expected to generate any hazardous waste beyond what is commonly found within
household uses. Any hazardous materials that may be present are usually associated
with landscaping and building maintenance. However, because these products are
usually used in only small quantities, they would not typically pose a threat to the project
or surroundings. The Phase I and Phase II reports prepared by Earth Systems as
described in Section B. Existing Conditions of this report clear the site from any further
investigation. Should any hazardous materials be located during construction activities,
they will be required to be hauled to an approved location and/or landfill. The General
Plan EIR identified no significant impacts with regard to hazards and hazardous
materials. Less than significant impacts are anticipated to the routine transport, use, or
disposal of hazardous materials and the release of hazardous materials into the
environment.
4.8: Hydrology and Water Quality
Water Quality
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.8-1 through 4.8-
28 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, the
proposed project will reduce its potential impacts to water quality and waste discharge
standards to less than significant levels by complying with the applicable regulatory
programs during construction and throughout the life of the project (operation). To
address the project's pollutants of concern, the project will incorporate site design
measures that include infiltration BMPs, also known as retention basins. These facilities
consist of an earthen basin designed to collect and infiltrate the project's stormwater
through the bottom of the basin. As a result, such runoff does not leave the project and
does not enter any downstream stormwater conveyance, including streams. Infiltration
Best Management Practices (BMPs) have been found to have an adequate pollutant
removal effectiveness (medium-to-high) to address the potential pollutants of concern.
Compliance will involve the development of detailed plans to demonstrate the
appropriate implementation, recordkeeping and monitoring activities that address the
water quality objectives and prevent any violations.
A Stormwater Pollution Prevention Plan (SWPPP) and a Fugitive Dust (PM10)
Management Plan will be developed and implemented throughout all construction
activities. Construction site BMPs, including erosion control, sediment control, tracking
control, non-stormwater management and waste management measures will be
implemented to prevent any contamination of water that could occur as a result of
construction activities of the proposed project. To address potential impacts during the
life of the project (operational), the project developer will prepare and submit a Project-
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Specific Water Quality Management Plan (WQMP) in accordance with the regulations of
the Municipal Separate Storm Sewer System (MS4) within the Whitewater River
Watershed (Order No. R7-2013-0011 and NPDES No. CAS617002). The detailed plan
will be submitted to the City for review and approval prior to the issuance of a Grading
Permit and it will be implemented throughout the life of the project. Following
implementation of Regulatory requirements impacts to water quality and waste
discharge are expected to be less than significant. Impacts that would otherwise
substantially degrade water quality are not expected.
Groundwater Supplies
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.8-1 through 4.8-28
of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, water
consumption expectations are related to several factors. Residential use of water is one
factor in consumption rates. Measures such as low flow fixtures and appliances will help
to keep this consumption to acceptable levels. Long term ground water levels in the area
are currently being stabilized by actions including the practice of artificial recharge of
State Water Project supplies and other surplus water, orderly expansion of recycled
water system and aggressive investment in and promotion of conservation programs.
The Project will be required to employ modern and efficient water conservation methods
and technology both architecturally and as part of the project's architectural and
landscaping design. Elements such as low flow shower heads and faucets, dual flush
toilets, and xeriscaping of plants are strongly encouraged. Builders are strongly
encouraged to consult with the Desert Water Agency on methods to implement the latest
trends in water conservation available, recommended by the district for all customers in
the service area. The proposed project is not expected to result in impacts related to a
substantial reduction in the amount of groundwater. For these reasons, impacts to
groundwater supplies and recharge capability from the project are expected to be less-
than-significant and no mitigation is required.
Drainage Patterns and Erosion
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.8-1 through 4.8-28
of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, water
and wind-based soil erosion throughout the Project site, including fugitive dust
emissions, are mitigated through the application of a soil polymer and mulch. Such form
of maintenance helps preserve the soil condition stabilized. The project will not alter any
existing stream, river or drainage pattern on the project site. An engineered storm drain
system and two retention basins that will adequately convey and accept runoff from the
tributary off- and on-site areas will be included. This will address problematic soil
erosion, sedimentation, and flooding conditions will be prevented. Specifically, storm
from the project and tributary off-site area will drain to the proposed streets, then
conveyed via the proposed street wedge curbs to a series of storm drain inlets. For
these reasons, less than significant impacts are anticipated pertaining to: 1) soil erosion,
sedimentation, flooding or contribution of stormwater; with the proposed improvements,
2) less than significant impacts are expected to existing site drainage patterns, including
the alteration of the course of a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in flooding on- or off-site, and 3)
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with the proposed improvements, the project is not expected to create or contribute
runoff water, which would exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional sources of polluted runoff. Less than
significant impacts are expected.
Proposed Housing or Structures in Relation to a 100-year Flood Hazard Area
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.8-1 through 4.8-28
of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, the
following findings were made: 1) the Project will not place housing within a 100-year
flood hazard area mapped on a Federal Flood Insurance Rate Map or other flood hazard
delineation map; therefore, less than significant impacts are anticipated; 2) the proposed
basins provide sufficient storage to not only retain the project's incremental increase in
flood volumes from the 100 year storm event (required by the City of Palm Springs
Master Drainage Plan) but the project's 100 year storm event in its entirety; therefore, it
is concluded that the proposed project will not adversely affect persons or properties
onsite or existing downstream drainage facilities or developments; and 3) the
repurposing of the existing a golf course with the proposed residential development will
not introduce people or structures to an area with risks involving flooding as a result of
failure of any of the City's flood protection system facilities; therefore, less than
significant impacts are expected.
Seiche, Mudflow, Tsunami
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.8-1 through 4.8-28
of the Draft EIR and in the Final EIR Response to Comments and Errata thereto, the
following findings were made: 1) the proposed project basins will only retain stormwater
runoff during and for a short period of time following rain events; therefore, impacts
related to inundation by seiche are considered less than significant; 2) site development
is not located in an area prone to potential mudflow impacts; therefore, less than
significant impacts are expected; and 3) the Project is located inland and is not in an
area that includes the possibility of inundation by a tsunami; therefore, less than
significant impacts are expected.
4.9: Land Use and Planning
Physical Division of an Established Community
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.9-11 of the Draft
EIR, no significant impacts relative to General Plan consistency would occur with the
implementation of the proposed Project. The property was originally developed as a golf
course in a residential setting. Because the golf course was privately owned separately
from the surrounding community, it acted as a physical barrier and surrounding
residential neighborhoods developed around it over time as discrete, separated
neighborhoods. The project would replace the golf course with residential uses, infilling
and completing the surrounding residential land use pattern. Consequently, since the
surrounding neighborhoods already function independently and the project introduces a
compatible residential use, it would unify, rather than divide, the community. In addition,
the project would replace underutilized, unmaintained land with new residential homes
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that would enhance the local area. Less than significant impacts to physically dividing an
established community are anticipated.
Plan Consistency
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.9-1 through 4.9-
19 of the Draft EIR, the Project has undergone a full compatibility review by the
Riverside County Airport Land Use Commission (ALUC). The project will comply with
relevant policies and has received a determination of consistency from the ALUC. The
consistency determination verifies that the project complies with all ALUC compatibility
policy. The Project will not conflict with any applicable land use plan, policy or regulation,
less than significant impacts are anticipated.
Habitat, Conservation, and Natural Community Plans
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.9-11 through 4.9-
17 of the Draft EIR, payment of required development impact fees and/or any voluntary
dedication of land within the Whitewater Floodplain Conservation Area will render the
Project consistent with the CVMSHCP. Additionally, the Project is not on Tribal land and
not subject to the THCP. It does lie adjacent to the "Valley Floor Conservation Area,
Section 6 Target Acquisition Area" immediately to the east. However, this portion of the
project is in the Whitewater River Floodplain and not proposed for development.
Consequently, it serves as a buffer between the portions of the project to be developed
and Tribal land. For these reasons, the project is consistent with the THCP. In addition,
because the project includes a General Plan Amendment, Tribal consultation is required
according to Senate Bill 18 (SB 18). Therefore, the project will not conflict with any
applicable habitat or conservation plans. Less than significant impacts are anticipated.
4.10: Noise
Long Term Noise Impacts
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.10-1 through 4.10-
9 of the Draft EIR, in the community noise assessment, changes in noise levels greater
than 3 dBA are often identified as significant, while changes less than 1 dBA will not be
discernible to local residents. However, the project is not expected to result in exposure
of persons to or generation of noise levels in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other agencies. Therefore,
less than significant operational noise impacts are expected to result due to the
proposed land use.
Groundborne Vibration
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.10-1 through
4.10-10 of the Draft EIR, and as mentioned previously, the project site is not located in
close proximity to any significant sources of vibration such as railroads, wind turbines, or
heavy truck facilities. The City of Palm Springs Zoning Code 11.74.020 defines the
"Vibration perception threshold" as the minimum ground- or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration by such direct
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means as, but not limited to, sensation by touch or visual observation of moving objects.
The site exists in a graded condition with engineered soils, so impacts associated with
rock relocation or crushing will not occur. Additionally, recommendations provided to
mitigate temporary noise impacts during construction will work concurrently to reduce
impacts related to vibration. Less than significant impacts related to groundborne
vibration or groundborne noise levels are expected to result due to the proposed land
use.
Off-site Operational Noise Impacts
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.10-1 through
4.10-11 of the Draft EIR, the project proposes residential land uses similar to those
surrounding the project site. It is expected that the implementation of the proposed
project, including the park, would generate noise levels similar to those of the
surrounding communities. According to the Noise Analysis Letter Response to
Comments the noise levels generated by activities at the park would have the potential
to annoy adjacent noise-sensitive receptors but would be unlikely to exceed the
applicable noise standards. The noise generated by the park would be subject to the
provisions of the Palm Springs Noise Ordinance. In either case, there are no existing
noise-sensitive receptors adjacent to the proposed park. Future homeowners will be
informed of the park when they purchase their residences. Less than significant impacts
are anticipated relative to noise impacts associated with the proposed public park.
Off-site Vehicular Noise Impacts
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.10-1 through
4.10-17 of the Draft EIR, the noise study determines that the proposed project would
generate a 3.0 dBA or greater noise increase for only one of the thirty-eight segments
analyzed. An increase of 3.2 dBA is expected to occur along Whitewater Club Drive,
between Via Escuela and Verona Road. While this noise increase is considered
discernable, the noise increase would not cause nearby residences exposure to noise
levels greater than 60 CNEL. Therefore, less than significant impacts related to a
substantial permanent increase in ambient noise levels in the project vicinity are
expected to result due to the proposed land use.
Airport Noise Impacts
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.10-1 through
4.10-18 of the Draft EIR, the proposed project is consistent with the residential density
requirements in the Riverside County Airport Land Use Compatibility Plan Policy
Document. The project shall comply with all requirements identified in the Riverside
County Airport Land Use Compatibility Plan Policy Document (adopted March 2005)
related to residential development within the Palm Springs International Airport Influence
Area. The ALUC Development Review found the project consistent with the 2005 Palm
Springs International Airport Land Use Compatibility Plan. Therefore the proposed
project which is located within an airport land use plan is not expected to expose people
residing or working in the project area to excessive noise levels. Therefore, less than
significant impacts related to a substantial permanent increase in ambient noise levels in
the project vicinity are expected to result due to the proposed land use.
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Airstrip
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.10-18 of the Draft
EIR, the proposed project is not located within the vicinity of a private airstrip. Therefore,
no impacts are expected relative to this issue.
4.11: Population and Housing
Population Growth
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.11-4 through
4.11-6 of the Draft EIR, although the project proposes to convert designated open space
to residential use, compatibility with the General Plan's growth projections is anticipated.
This growth is not expected to significantly impact the remainder of the Palm Springs
population or its neighboring areas. Therefore, the project is not expected to induce
substantial population growth directly or indirectly. Less than significant impacts are
expected.
Displacement of Population or Housing
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.11-6 of the Draft
EIR, the project site is vacant land and will not result in the displacement of existing
housing or people, necessitating the construction of replacement housing elsewhere.
Less than significant impacts are anticipated related to these topics.
4.12: Public Services
Fire Protection
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.12-13 through
4.12-14 of the Draft EIR, the project will result in 386 residential units. Development of
the proposed project will contribute to the existing demand for fire protection services.
The project location occurs in a highly populated area of Palm Springs which is
considered to have a very low risk of wide-spread fire. The project is not located within a
wildland area which could contain significant fire hazards and risk.
The Palm Springs Fire Department operates 3-shifts with 16 firefighters for 24-hour fire
protection. Per communication with Deputy Fire Chief Ron Beverly, the project site
occurs within the response area of Palm Springs Fire Station No. 443 on Racquet Club
and Via Miraleste. This station will provide first response to the project site. Due to the
close proximity of this station to the project site, and its adjacency to existing
development with various points of access, adequate response times of 5 minutes or
less will be met. For these reasons, potential impacts to fire services associated with the
Serena Park are considered less than significant and no mitigation measures are
necessary.
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Police Protection
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.12-14 through
4.12-15 of the Draft EIR, the proposed project would not substantially increase the need
for new or expanded police facilities. The project will be required to annex into the City's
Community Facilities District (CFD) to assist in the financing of police, fire protection and
suppression services and both emergency and non-emergency services. The special
taxes collected will help offset costs and demand for police service to the project site.
Impacts to police protection services resulting from the Serena Park project are
anticipated to be less than significant.
Schools
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.12-15 through
4.12-16 of the Draft EIR, the project has the potential to generate 83 new students
based on the student generation factors provided by PSUSD. Enrollment to school within
the City of Palm Springs has been consistent the past 5 years as shown in Table 4.12-1.
As previously mentioned, Vista Del Monte Elementary, Raymond Cree Middle School,
and Palm Springs High School, are located within the school boundary. All three schools
are running under operating capacity and the additional 83 students generated by the
project would not result in overcapacity. The project developer will pay the required
developer fee to the PSUSD which at the time of writing is $3.43 per square foot for
residential development and $0.51 per square foot for commercial/industrial buildings.
Developer fees are state legislated (AB 2926) and monies collected are used for
construction and reconstruction of school facilities. Additionally, the developer will be
required to pay applicable Development Impact Fees to assist in offsetting impacts to
school facilities. Project implementation will not require the development of additional
school facilities and impacts are considered less than significant.
Parks/Recreation
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.13-8 through
4.13-9 of the Draft EIR, The project proposes to redevelop the former golf course with
approximately 386 residential units including a 5-acre public park. Within the
development the project proposes 42.56 acres of private common areas, paseos, and
Private Park. Pedestrian trails will also be part of the project and open to the public. The
Land for the public park will be dedicated to the City and could potentially serve as a trail
head for the future "CV Link" multi-purpose regional trail that will provide alternative
transportation for biking, walking or low speed electric vehicles. The CV Link provides a
physical connection between neighborhoods, communities and amenities. Portions of
these open space areas will also be used for drainage and stormwater retention. The
2011 U.S. Census estimates the household size is 1.95 persons in Palm Springs. Using
this number per dwelling unit the proposed project could generate approximately 837
new residents at project build-out. With this rise in population demand for parks and
recreation facilities will increase. Based on the City's goal of providing 5-acres of
parkland per 1,000 residents a minimum dedication of 4.4 acres of parkland would be
required. The proposed 5-acre park and 43.4 acres of private open space fulfills the
parkland requirement associated with the project. Less than significant impacts are
anticipated to recreational use.
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Other Public Facilities
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.12-16 of the Draft
EIR, the development of the proposed project is anticipated to have less than significant
impacts to library services and its facilities. Future residents of the proposed project will
have access to the Palm Springs Library and the Welwood Murray Memorial Library.
Other library facilities include the City of Rancho Mirage and other various existing
branches of the Riverside County Library Systems located throughout the valley. The
primary source of funding for the Palm Springs library comes from the City's General
Fund. Additionally, the Friends of the Palm Springs Library hold various fund raising
events to raise money for the purchase of library materials and equipment. The Project
implementation will not require the development of additional public facilities. Less than
significant impacts are expected.
4.13: Recreation
Parks or Recreational Facilities
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.13-9 of the Draft
EIR, the 2011 U.S. Census estimates the household size is 1.95 persons in Palm
Springs. Using this number per dwelling unit the proposed project could generate
approximately 837 new residents at project build-out. With this rise in population demand
for parks and recreation facilities will increase. Based on the City's goal of providing 5-
acres of parkland per 1,000 residents a minimum dedication of 4.4 acres of parkland
would be required. The proposed 5-acre park and 43.4 acres of private open space
fulfills the parkland requirement associated with the project. Less than Significant
impacts are anticipated to recreational use.
Adverse Physical Effects
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.13-9 of the Draft
EIR, the proposed project provides recreational amenities and open space for future
residents which will offset the demand for the City's parks and recreation. Additionally, a
portion of the residents within the development may be seasonal, which would not
contribute to a year round demand. Permitted uses, rules, and regulations for the use of
these proposed recreational facilities will comply with applicable City standards and
requirements. Development of the proposed project is anticipated to result in less than
significant impacts to existing neighborhood and regional parks and recreational
facilities. No adverse physical effects to the environment are anticipated from the
development of the Serena Park project. Therefore, less than significant impacts are
anticipated.
4.14: Transportation/Traffic
Congestion Management Program
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.14-1 through
4.14-37 of the Draft EIR, the Coachella Valley Association of Governments (CVAG) has
developed a Transportation Uniform Mitigation Fee (TTUMF) that compliments the
objectives of the Congestion Management Program (CMP). In this circumstance, the
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project will not conflict with an applicable congestion management program, including,
but not limited to level of service standards and travel demand measures, or other
standards established by the county congestion management agency for designated
roads or highways. Therefore, less than significant impacts are expected related to
conflicts with the applicable congestion management program.
Air Traffic
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.14-1 through
4.14-37 of the Draft EIR, the airport closest to the project is Palm Springs International
Airport, located approximately 0.5 miles south of the Project Site. Due to the estimated
density and proposed land use of this project, less than significant impacts are expected.
related to air traffic. No change in air traffic patterns will result due to the project, since
the projected numbers of residential units are not expected to cause a significant
increase in population or air delivery services that would result in a resultant significant
increase in air traffic levels. Therefore, impacts associated with Air Traffic are expected
to be less than significant.
Hazards
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.14-37 through
4.14-38 of the Draft EIR, the project design includes streets that organically follow the
existing site characteristics. The Circulation system shall be designed in compliance with
Municipal Code Chapter 12.32 Parking Requirements and Chapter 8.04.510 California
Fire Code Additions, Amendments and Deletions. Temporary hazards during
construction can arise from conflicts with construction vehicles and passenger traffic.
Consultation with the City aids in determining the safety of construction staging areas
and off site routes utilized for transporting construction materials and debris (including
excavated soils.) Traffic control plans for construction traffic, work to maintain safety
during all phases of construction. Therefore, impacts associated with hazards are
expected to be less than significant.
Emergency Access
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.14-38 through
4.14-39 of the Draft EIR, Project Traffic Analysis, ingress and egress design appears to
include adequate vehicle maneuvering and stacking space to avoid conflicts with internal
and external traffic and circulation patterns. No changes to any traffic control devices at
any of the key intersections are recommended for any of the scenarios evaluated. The
proposed roundabouts appear to include appropriate geometric design features and
provide adequate capacity to accommodate future traffic demands. Improvements will be
processed through the City and the Fire Department for approval.
The project design will be in compliance with Municipal Code Chapter 8.04.510
California Fire Code Additions, Amendments and Deletions. Therefore, impacts
associated with emergency access are expected to be less than significant.
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Parking Standards
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.14-39 of the Draft
EIR, vehicular parking for the Project would be provided per City standards for
associated land uses and therefore ample parking is proposed to be provided in each
Planning Area's design. Design will be in compliance with the Municipal Code Chapter
12.32 Parking Requirements and Chapter 8.04.510 California Fire Code including
Additions, Amendments and Deletions. Therefore, it is not anticipated that
implementation of the Project would result in inadequate vehicular parking. A less than
significant impact is anticipated.
Alternate Transportation
Facts in Support of Finding
As presented in and determined by the analysis contained on page 4.14-39 of the Draft
EIR, the project includes an integrated system of bicycle and pedestrian trails within its
common open space, along separated multi-use pathways in parkways. Trails are
proposed according to City of Palm Springs standards. The trail system provides access
to bicyclists and pedestrians throughout the site and serves to connect the existing
development to the west of, or encircled by, the project with the wash, park and future
CV Link Project.
The SunLine Transit Agency currently provides transit service within the City Limits of
Palm Springs. Existing public transit service is provided for the project area. The
proponents of this project will maintain coordination with the SunLine Transit Agency in
order to secure appropriate facilities. Therefore, a less than significant impact is
expected relative to adopted policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities.
4.15: Utilities and Service Systems
Wastewater Services and Treatment
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-11 of the Draft EIR, the proposed Project will result in the construction of 386
residential lots, interior streets, and integrated open space. The project would be
connected to public sewer system provided by the Desert Water Agency. An 8" sewer
main is located in Farrelll Dr., Verona Rd., East View Rd., and Sunrise Way. Wastewater
is transported to Veolia North Amercia's Treatment Plan, a 10.9 mgd trickling filter plant
located at 4375 E. Mesquite Dr. Wastewater from the proposed project would be typical
of other residential projects in Palm Springs. Therefore, less than significant impacts are
anticipated to exceeding wastewater treatment.
Development of the Serena Park project requires the extension and installation of sewer
infrastructure to the project site. According to preliminary engineering plans, all sewer
lines throughout the project will be installed within the proposed rights-of-way of the
internal street system and connection stubs will be established at the locations of each
residential site, providing for full services once homes are constructed. To reduce the
impact of the proposed project on the existing sewer system, the proposed sewer
system will separate flows towards two separate sewer systems. Doing so will satisfy
r�
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the City of Palm Springs Sewer Master Plan requirements while also alleviating an
existing surcharge condition within the existing Palm Springs sewer Collection system.
Proposed sewer infrastructure will comply with applicable wastewater treatment
requirements and City standards. The proposed project will be consistent with the
adopted General Plan Policies given that the project developer will pay sewer fees
associated with project development. According to the City of Palm Springs, it has the
capacity to accommodate wastewater generated by the proposed project and the
construction of new wastewater treatment facilities is not required. Additionally, the
Project is anticipated to attract second homebuyers which will reduce the year-round
impacts related to wastewater generation. Therefore, no significant impacts to existing
sanitary watenwater services is expected to result from the development of the proposed
project.
Stormwater Management
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4,15-12 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
implementation of the proposed project which includes the creation of impervious
surfaces is anticipated to affect current drainage patterns on-site. The project proposes
to convey and retain all stormwater flows on-site by way of a private stormdrain and
retention basin system. Two retention basins in the form of public and private parks will
retain the stormwater flows from the site. Both basins are located in the southern
subarea of the development, Retention Basin 1 along Street A in the center of the
subarea, and Retention Basin 2 in the southeast corner of the subarea. These basins
have a combined capacity of 871,625 Cubic Feet (Approx. 20 Acre Feet). A private
stormdrain system beneath street ROW and lettered lots will convey stormwater flows to
the retention basins. Temporary impacts to water quality during construction will be
mitigated and reduced to less than significant levels through required preparation and
implementation of a Storm Water Prevention Pollution Plan throughout all construction
activities. Therefore, less than significant impacts to storm water drainage facilities or
expansion are expected to result from the future development of the proposed project.
Domestic Water Services
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-12 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
development of the project from its present condition will increase the existing demand
for domestic water supply and services. However, in comparison to the site's previous
use as a golf course, the site is expected to use less water as a residential development.
The Desert Water Agency will provide water service to the site provided on-site water
system improvements and portions of the property be set aside for development of
domestic water wells. The DWA Master Water Plan shows a 2400 gpm proposed
replacement well plant with a 12" proposed pipeline on the northern subarea of the
proposed Serena Park project.
Facilities will be analyzed during the design process of any future development and
facility fees will be collected to aid in financing any needed extensions/expansions
necessitated by the project. Future design of the development will be expected to follow
water conservation guidelines included within the Palm Springs General Plan and Desert
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Water Agency standards to mitigate the impacts to public water supplies. Therefore,
less than significant impacts to domestic water services are expected to result from the
future development of the proposed project.
Solid Waste Management
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-14 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
implementation of the proposed residential project has the potential to generate
approximately 361 tons of solid waste per year. The proposed land uses on the project
site is not expected to produce unusual high quantities of solid waste or hazardous
waste materials. Collected solid waste from the project site will be transported to the
Edom Hill Transfer Station which has a permitted capacity of 2,600 tons of waste and
recyclables per day. During buildout, the Project could contribute approximately 1,983
pounds or 0.99 tons of solid waste to the local transfer station daily. All solid waste
activities resulting from the implementation of the proposed project will be carried out in
compliance with all State, Federal and local statues regulating solid waste. Therefore, no
significant impacts to solid waste services are expected to result from project
implementation.
Electric Services
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-14 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
future development of proposed residential uses on the project site will generate
demand for electric services. The annual electrical demand during buildout of the project
is approximately 2,475,660 kwh/yr. Project developer will adhere to City and appropriate
agencies' development standards and requirements. Project design will incorporate
energy efficient standards that comply with Title 24, as required by state law. As a result,
no significant impacts to electric services are expected to result from the implementation
of the project.
Natural Gas Services
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-15 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
natural gas consumption at the project site is associated with residential uses. Project
design will incorporate natural gas conservation measures. The proposed project is not
expected to have significant impacts to natural gas services.
Telephone Services
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-15 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
extension of telephone conduits/lines and appurtenances will be necessary to provide
telecommunication services to future residents of the proposed project. Verizon will
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provide telephone services to the project site. Significant impacts to telephone services
are not expected to result from project development.
Cable Service
Facts in Support of Finding
As presented in and determined by the analysis contained on pages 4.15-1 through
4.15-16 of the Draft EIR and in the Final EIR Response to Comments and Errata thereto,
implementation of the proposed project will require the extensionlinstallation of cable
lines and related facilities. Time Warner Cable will provide cable services to the project
site. No significant impacts to cable services are expected to result from the
implementation of the proposed project.
3. SIGNIFICANT IMPACTS WHICH CAN BE AVOIDED OR REDUCED
WITH MITIGATION
In this section of the Findings of Fact, the City, as authorized by Public Resources Code
Section 21081(a)(1) and Title 14, California Code of Regulations Section Sections 15091
and 15092, identifies the significant impacts that can be eliminated or reduced to a less-
than-significant level with the implementation of mitigation measures recommended in
the Draft EIR and Final EIR. These mitigation measures are hereby incorporated into
the description of the Project and their implementation will be tracked through the
Mitigation Monitoring and Reporting Program.
Environmental Analysis
4.2: Air Quality
Construction Related Air Quality
Significant Impact
As presented in and determined by the analysis contained on pages 4.2-1 through 4.2-
50 of the Draft EIR, construction of the project may temporarily increase emissions.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
Construction activities undertaken to implement all proposed portions of the project will
cause temporary increases in localized ROG, NOx, CO, S02 and PM10 emissions, and
concentrations in the project vicinity. However impacts are expected to be less than
significant following implementation of recommendations within the Air Quality analysis,
City of Palm Springs regulations for grading and construction activities along with the
implementation of MM 4.2-1 through MM 4.2-12 as presented in and determined by the
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analysis contained on pages 4.2-1 through 4.2-51 of the Draft EIR. Less than significant
impacts related to a substantial temporary increase in ambient criteria emission levels in
the project vicinity above levels existing without the project are expected to result
following implementation of mitigation measures and standard conditions during
construction activities.
4.3: Biological Resources
Sensitive Species
Significant Impact
As presented in the analysis on pages 4.3-15 through 4.3-16 of the Draft EIR, the
burrowing owl was not identified within the developable project area. The habitat is
considered suitable. The species commonly enlarges rodent burrows and utilizes them
for nesting. The federal Migratory Bird Act prohibits harming the owl. At present time the
Service approves of the mitigation provided in the "Staff Report on Burrowing Owl
Mitigation" prepared by the California Department of Fish and Game on March 7, 2012.
Mitigation approved by the U.S. Fish and Wildlife Service is required to reduce potential
impacts to less than significant levels.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
As discussed and Analyzed in Section 4.3 of the Draft EIR, the burrowing owl was not
found onsite. The absence of this species is unexplained as it is often found in highly
disturbed areas where native vegetation has been removed. Burrowing owls are known
to be resident species within the city limits of Palm Springs, meaning that they could
arrive and inhabit the abandoned golf course at any time. Due to the sites suitable
habitat for the Burrowing Owl, a pre-construction survey is required. With implementation
of MM 4.3-1, this impact would be mitigated to a level of less than significant.
4.5: Geology and Soils
Geological Constraints
Significant Impact
As presented in and determined by the analysis contained on pages 4.5-7 through 4.5-9,
the project site includes potentially significant geological constraints.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
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project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
The site is expected to be exposed to potentially significant geotechnical constraints and
impacts identified within the Geotechnical Analysis such as ground shaking, underlying
geologic conditions, wind and water erosion and ground settlement. The site is suitable
for the proposed development provided the recommendations primarily contained within
the project specific Geotechnical Report are followed in the design and construction of
the project. Following implementation of SC 4.5-1 through SC 4.5-3 and MM 4.5-1
through MM 4.5-6, as presented in and determined by the analysis contained on pages
4.5-1 through 4.5-9 of the Draft EIR, the project is expected to result in less than
significant impacts related to Geology and Soils.
4.7: Hazards and Hazardous Materials
Construction Related Hazardous Materials
Significant Impact
As presented in and determined by the analysis contained on pages 4.7-6 through 4.7-
10 of the Draft EIR, the project could use hazardous materials during construction.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
Impacts associated with hazards and hazardous materials that could result during
project construction are considered short term. Project construction activities may
involve the use and transport of hazardous materials. These materials may include fuels,
oils, mechanical fluids, and other chemicals used during construction. Transportation,
storage, use, and disposal of hazardous materials during construction activities would be
required to comply with applicable federal, state, and local statutes and regulations. As
discussed in Section 4.7 of the Draft EIR, Less than Significant Impacts related to
construction are expected, following the implementation of Standard Condition SC4.7-1
as well as Mitigation Measures 4.7-1 and 4.7-3.
4.10: Noise
Temporary or Periodic Noise
Significant Impact
As presented in and determined by the analysis contained on pages 4.10-18 through
4.10-21 of the Draft EIR, the levels of construction noise expected to occur within the
neighborhoods surrounding the project site may cause annoyance however severe
effects are not expected to result.
4 W
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Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
A temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project have the possibility of occurrence during construction
however impacts are expected to be less than significant following implementation of
recommendations within the Noise analysis and the City of Palm Springs regulations for
construction noise and with the implementation of Standard Condition SC 4.10-1 through
4.10-4, as well as Mitigation Measures MM 4.10-1 through MM 4.10-7. Less than
significant impacts related to a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without the project are expected
to result following implementation of mitigation measures and standard conditions during
construction activities.
4.12: Public Services
Significant Impact
As presented in and determined by the analysis contained on pages 4.12-1 through
4.12-18 of the Draft EIR, impacts to fire and police protection services are expected to
be less than significant. Adherence to standard conditions is expected to reduce
potential impacts to less than significant.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
The proposed project would be served by the Palm Springs Fire Department and Police
Department. As analyzed in Section 4.12 of the Draft EIR, adequate response times for
emergency services of 5-minutes or less will be maintained. Additionally, the project will
be required to annex into the City's Community Facilities District (CFD) to assist in the
financing of police, fire protection and suppression services and both emergency and
non-emergency services. Following the implementation of the Standard Conditions SC
4.12-1 through SC 4.12-10, the Serena Park project is expected to result in less than
significant impacts to Public Services.
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4.14: Transportation/Traffic
Significant Impact
As presented in and determined by the analysis contained on pages 4.14-40 through
4.10-45 of the Draft EIR, the Project off-site and level of service impacts are forecast to
be minimized to less than significant if Year 2020 and Year 2030 off-site improvements
are made following the Standard Conditions and Mitigation Measures on 4.14-47
through 4.14-49.
Finding
As authorized by Public Resources Code Section 21081(a)(1) and Title 14, California
Code of Regulations Section 15091(a)(1), the City finds that changes or alterations have
been required herein, incorporated into the project, or required as a condition of project
approval, which mitigate or avoid the significant environmental impact listed above, and
as identified in the Final EIR. The City further finds that the change or alteration in the
project or the requirement to impose the mitigation as a condition of project approval is
within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible.
Facts in Support of Finding
All of the key intersections evaluated will operate at acceptable levels of service upon
project buildout in the year 2020 with the intersection improvements. Additionally, no
unsignalized key intersections will require signalization in the year 2030 with or without
site traffic. All of the signalized key intersections evaluated will operate at acceptable
levels of service in the year 2030 with the intersection improvements. Following
implementation of Standard Conditions and Mitigation Measures, the project is expected
to result in less than significant impacts related to an applicable plan, ordinance or policy
establishing measures of effectiveness for performance of the circulation system at nine
of the ten intersections.
4. SIGNIFICANT IMPACTS WHICH CANNOT BE AVOIDED
Section 21100(b)(2)(A) of the State CEQA Guidelines provides that an EIR shall include
a detail statement setting forth "in a separate section: any significant effect on the
environment that cannot be avoided if the project is implemented". Accordingly, this
section provides a summary of the significant and unavoidable environmental impacts of
the proposed project that cannot be mitigated to a less than significant level even after
the implementation of mitigation measures with respect to the following areas:
Environmental Analysis
4.2: Air Quality
Cumulative
Finding
As presented in and determined by the analysis contained on pages 5-4 through 5-5 of
the Draft EIR, significant and unavoidable cumulative impacts would occur in regard to
air quality under the General Plan. Per the Air Quality Report prepared by Endo
Engineering (Appendix C), air quality impacts associated with the proposed project may
be considered cumulatively considerable because the project is not consistent with the
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population growth assumed as the basis for the development of the most recently
adopted Air Quality Management Plan. Since the proposed Project is introducing
residential land uses to an area designated as Open Space, the associated cumulative
impacts associated with operational activities and potential emissions of Ozone
precursors and PM10 are considered adverse and unavoidable in the long-term.
4.6: Greenhouse Gas Emissions
Finding
As presented in and determined by the analysis contained on pages 4.6-1 through 4.6-
17 of the DEIR, the proposed Project has the potential to exceed two of the significance
thresholds. PM10 emissions during activities required to construct the residential
buildings and ROG emissions during the architectural coating application phase could
exceed the SCAQMD significance thresholds. The design features incorporated in the
Preferred Alternative would reduce its long-term GHG emissions by approximately
139.24 metric tons per year (2.2 percent). Project design features are found on pages
4.6-13 through 4.6-14 on Table 4.6-4 Proposed Project Design Features To Reduce
GHG Emissions and Table 4.6-5 Project Recommended Design Features To Reduce
GHG Emissions. While mitigation measure in place could help reduce impacts, these
would not be sufficient to avoid significant and unavoidable GHG impacts in the long
term.
Global Climate Change and Greenhouse Gas
Finding
As presented in and determined by the analysis contained on pages 4.6-1 through 4.6-
17 of the Draft EIR, the proposed Project will undoubtedly increase vehicular movement
through the proposed Project creating GHG emissions that were not previously forecast
to do so in the attempt to meet State projected GHG targets. However, following Table
4.6-5 Project Recommended Design Features To Reduce GHG Emissions, would allow
the proposed project less likely to prevent California from achieving the GHG reduction
targets identified under AB 32 to reduce the State's impact on climate change. However,
the cumulative impact on climate change associated with many such projects throughout
California would create significant and unavoidable impacts.
4.14: Transportation/Traffic
Whitewater Club/Vista Chino Intersection
Finding
As presented in and determined by the analysis contained on page 4.14-49 of the Draft
EIR, significant and unavoidable impacts would occur in regard to the intersection of
Whitewater Club and Vista Chino. This intersection is projected to have an operational
deficiency upon General Plan buildout, with or without the proposed project, no
appropriate and feasible mitigation is recommended. Therefore, implementation of the
proposed Project would create a significant and unavoidable impact in this regard.
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5. REVIEW AND REJECTION OF ALTERNATIVES
Section 15126.6 of the CEQA Guidelines requires the consideration and discussion of
alternatives to proposed projects. According to these guidelines, an EIR shall "describe a
range of reasonable alternatives to the project, or to the location of the project, which
would feasibly attain most of the basic objectives of the project but would avoid or
substantially lessen any of the significant effects of the project, and evaluate the
comparative merits of the alternatives.
State CEQA Guidelines Section 15126.6 (e) (1) declares that the specific alternative of
"no project' shall also be evaluated along with its impact. The purpose of describing and
analyzing a no project alternative is to allow decision makers to compare the impacts of
approving the proposed project with the impacts of not approving the proposed project.
The lead agency should proceed to analyze the impacts of the no project alternative by
projecting what would reasonably be expected to occur in the foreseeable future if the
project were not approved, based on current plans and consistent with available
infrastructure and community services.
Because not all significant effects can be substantially reduced to a less-than-significant
level either by adoption of mitigation measures or by standard conditions of approval, the
following section considers the feasibility of the Project alternatives as compared to the
proposed Project.
As explained below, these findings describe and reject, for reasons documented in the
Draft/Final EIRs and are summarized below, each one of the Project alternatives, and
the City finds that approval and implementation of the initial Project design is
appropriate. The evidence supporting these findings is presented in Chapter 7.0 of the
Draft EIR.
Alternative 1: No Project
The "No Project' (Alternative 1) assumes that the proposed construction of 386
residences, internal circulation system, public parks, stormwater retention facilities, and
utility infrastructure does not occur. Development of the site would not occur under the
existing General Plan and Zoning designations. Under this Alternative, the project site
would remain under its current Land Use as Open Space — Parks/Recreation. The Land
Use Element of the General Plan establishes that areas under the Open Space —
Parks/Recreation are used for facilities intended for recreational uses. The site was
previously used as a golf course, but is currently vacant. It is expected that the site
would remain in its current, vacant condition under the alternative.
Finding
Specific economic, legal and other considerations make Alternative 1, identified in the
DraflFinal EIRs described above, a less desirable alternative for the Project Applicant
and the City of Palm Springs.
Facts in Support of Finding
The "No Project Alternative" has reduced impacts versus the 'Preferred Alternative" for
Agriculture, Air Quality, Biological Resources, Cultural Resources, Geology and Soils,
Greenhouse Gases, Hazards and Hazardous Materials, Hydrology and Water Quality,
Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public
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Services, Recreation, Transportation, and Utilities and Service Systems; all primarily due
to the lack of construction and subsequent lack of new residences and residents.
However, this alternative has greater impacts than the `Preferred Alternative' on
Aesthetics and Recreation. The "No Project' alternative assumes that the entire site will
remain in its current land use as vacant land.
Alternative 2: Residential (350 units) Plus 20 acre Soccer Park
The Residential (350 units) Plus 20 acre Soccer Park (Alternative 2) assumes the
redevelopment of the 140 acre former golf course with 350 single-family residential lots
(137 as age-restricted cluster product) and space for a 20 acre soccer park which would
be provided to the City adjacent to the Whitewater River levee. The 120 acre residential
portion of the project would require a General Plan Amendment from Open Space
Private to Low Density Residential along with a Change of Zone/Planned Development
District to bring the zoning into consistency with the proposed General Plan designation
and the public park portion would remain consistent under the current applicable
General Plan and Zoning Open Space (Private) designation.
Finding
Specific economic, legal and other considerations make Alternative 2, identified in the
Draft/Final EIRs described above, a less desirable alternative for the Project Applicant
and the City of Palm Springs.
Facts in Support of Finding
Alternative 2 offers reduced impacts versus the 'Preferred Alternative" for Air Quality,
Biological Resources, Cultural Resources, Noise, and Traffic all primarily due to the
relatively smaller amount of construction. However, this alternative has greater impacts
than the 'Preferred Project" on Aesthetics, Public Services, Transportation and
Recreation due to a limited extension of vehicular circulation system improvements and
open space system improvements for regional pedestrian and bicycle access.
Alternative 3: Larger Lot Single Family Residential/Age Restricted
Community
Alternative 3 would redevelop the 140 acre former golf course with two housing
products—the southern section would be subdivided into standard 10,000 square foot
single family lots and the northern section would also be subdivided into 10,000 square
foot lots in a cluster layout. The total yield would be 274 lots. This alternative is also
suggested as a private, gated community with an HOA to maintain the common area
open spaces and other common area features and facilities. With this proposal, no
public park is being shown. This alternative would include a General Plan Amendment to
enable the residential component of the project, along with a Planned Development
District in lieu of a Change of Zone, a Major Architectural Approval application and a
Tentative Tract Map application.
Finding
Specific economic, legal and other considerations make Alternative 3, identified in the
Draft/Final EIRs described above, a less desirable alternative for the Project Applicant
and the City of Palm Springs.
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Facts in Support of Finding
Alternative 3 of the "Larger Lot Single Family Residential/Age Restricted Community"
has reduced impacts versus the "Preferred Project'for Air Quality, Biological Resources,
Cultural Resources, Noise, and Traffic all primarily due to the relatively smaller amount
of construction. However, this alternative has greater impacts than the "Preferred
Project' to Recreation due to open space system improvements for recreation,
pedestrian and bicycle access.
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EXHIBIT B
Case 5.1327 PD-366 / ZC / MAJ / TTM 36691
Palm Springs Country Club, LLC
"Serena Park"
September 7, 2016
STATEMENT OF OVERRIDING CONSIDERATIONS
The City of Palm Springs is the Lead Agency under the California Environmental Quality
Act (CEQA), responsible for preparation, review and certification of the Final Environmental
Impact Report (FEIR) for the Serena Park development project. As the Lead Agency, the City is
also responsible for determining the potential environmental impacts of the proposed action and
which of those impacts are significant. CEQA also requires the Lead Agency to balance the
benefits of a proposed action against its significant unavoidable adverse environmental impacts
in determining whether or not to approve the proposed action.
In making this determination the Lead Agency is guided by the CEQA Guidelines
Section 15093 which provides as follows:
a) "CEQA requires the decision-making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a proposed project against its
unavoidable environmental risks when determining whether to approve the Project. If the
specific economic, legal, social, technological, or other benefits of a proposed project outweigh
the unavoidable adverse environmental effects, the adverse environmental effects may be
considered acceptable"
b) "When the Lead Agency approves a project which will result in the occurrence of
significant effects which are identified in the final EIR but are not avoided or substantially
lessened, the agency shall state in writing the specific reasons to support its action based on
the final EIR and/or other information in the record. The Statement of Overriding Considerations
shall be supported by substantial evidence in the record."
c) "If an agency makes a Statement of Overriding Considerations, the statement should
be included in the record of the project approval and should be mentioned in the notice of
determination."
In addition, Public Resources Code Section 21082(a) requires that where a public
agency finds that economic, legal, social, technical, or other reasons make infeasible the
mitigation measures or alternatives identified in the EIR and thereby leave significant
unavoidable adverse project effects, the public agency must also find that overriding economic,
legal, social, technical or other benefits of the project outweigh the significant unavoidable
adverse effects of the project.
The Draft/Final EIRs identified a number of alternatives to Serena Park (the proposed
Project) to evaluate and determine the extent to which they meet the basic Project objectives,
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while avoiding or substantially lessening any significant adverse impacts of the proposed
Project.
The proposed action consists of the certification of the Serena Park EIR for the
implementation of a Development Agreement, which would provide eligibility for the Project
Applicant to redevelop the former Palm Springs Country Club golf course with approximately
429 single family residential units and a five-acre public park. This would consist of 137 single
story, attached residences in the northern portion (Attached Residential Subarea) and 292
detached single-family residences on the southern portion (Single Family Subarea). Residential
units would include a mix of market rate and active adult housing (market rate). The project
would include 43.4 acres of private common areas/paseos for use by residents and an
approximately 5-acre public park. Land for the public park will be dedicated to the City and could
serve as a trailhead for the future "CV Link' multi-purpose regional trail planned along the
adjacent levee.
Analysis in the EIR for this Project has concluded that the proposed Project will result in
Air Quality, Greenhouse Gas Emissions, and traffic impacts that cannot be mitigated to a less
significant level. All other potential significant adverse Project impacts have been mitigated to a
level less than significant based on mitigation measures in the Draft/Final EIRs. All significant
unavoidable adverse impacts are identified in the EIR and are described in detail in the
Statement of Findings and Facts in Support of Serena Park EIR.
The City of Palm Springs has determined that the significant unavoidable adverse
Project impacts related to Air Quality, Greenhouse Gas Emissions, and traffic impacts, which
will remain after mitigation, are acceptable and are outweighed by specific social, economic and
other benefits of the Project. In making this determination, the following factors and public
benefits were considered as overriding considerations to the identified unavoidable significant
adverse impacts of the proposed Project:
• To redevelop a fallow and nonfunctional golf course with productive residential
and recreational uses, and to eliminate public nuisance conditions associated
with the property, including dust control and blowsand mitigation, removal of
overgrown and invasive vegetation, and unauthorized use of the property by
recreational vehicle/all-terrain vehicle users.
• To develop residential and recreational uses on the property in a manner
compatible with surrounding land uses by using appropriate planning,
landscaping and architectural design approaches.
• To provide high-quality single family residences in Palm Springs designed to be
marketable and meet increased housing demand driven by population growth
and retiring seniors.
• To provide a park on a portion of the property for neighborhood recreational
purposes in an area that has been determined to be underserved, pursuant to
Figure 5-1 of the Recreation, Open Space & Conservation Element of the City of
Palm Springs General Plan.
• To provide an interim alignment of the CV Link Trail through the property as a
public benefit and recreational amenity for Palm Springs residents.
Resolution No. 24082
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EXHIBIT C
Case 5.1327 PD-366 /ZC / MAJ /TTM 36691
Palm Springs Country Club, LLC
"Serena Park"
September 7, 2016
Mitigation Monitorinq Reporting Program