HomeMy WebLinkAbout22625 - RESOLUTIONS - 12/2/2009 RESOLUTION NO 22825
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING AN
ENVIRONMENTAL IMPACT REPORT (SCH NO.
2008061084) FOR THE MUSEUM MARKET PLAZA
SPECIFIC PLAN, INCLUDING AMENDMENTS TO THE
2007 PALM SPRINGS GENERAL PLAN, ADOPTED BY
RESOLUTION NO. 22077, AND THE PALM SPRINGS
ZONING CODE, MAKING CERTAIN FINDINGS RELATING
TO ENVIRONMENTAL EFFECTS IDENTIFIED IN THE
FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS; AND
ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM.
The City Council of the City of Palm Springs finds:
A. On July 5, 2006, the Community Redevelopment Agency of the City of Palm
Springs approved "Design for Development" master plan boundaries and the Downtown
Urban Design Guidelines and Section 14 Master Plan as foundation "design for
development" criteria.
B. On November 17, 2007, the Community Redevelopment Agency of the City of
Palm Springs designated "Focused Development Area One" boundaries within the
"Design for development" master plan area-
C. On April 30, 2008 Wessman Development, Inc. presented to the City a draft
Specific Plan for the Museum Market Plaza, an area of land within the "Focused
Development Area One" boundaries.
D. On May 21, 2008, the City Council initiated a Specific Plan review process and
directed staff to report on the conformance of the draft Museum Market Plaza Specific
Plan with the Palm Springs General Plan, Downtown Design Guidelines and Palm
Springs Zoning Code.
E. On June 4, 2008, staff presented to the City Council an initial look at the draft
Specific Plan in light of the City's existing regulations, including staff comments and
recommendations for subsequent review-
F. On June 13, 2008, 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 proposed Specific Plan. The NOP was circulated to responsible
agencies and interested groups and individuals for review and comment. A copy of the
Notice of Preparation and comments thereon are included in Appendix A of the Draft
EIR. The comment period ran from June 16 to July 17, 2008.
G. On July 1, 2008 a public Scoping Meeting was held to receive comments on
preparation of the draft Environmental Impact Report-
H. On July 16, 2008, the City Council received the list "alternatives" to the project
that would be evaluated in the Environmental Impact Report.
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analyze its environmental effects. The City prepared an EIR on the range of
development that would be permitted within the Specific Plan or Project Area. The EIR
evaluates the various policies and development standards for a master planned, mixed
use project that would accommodate retail, office, high density residential, and resort
development, and the environmental impacts the Project would cause if it were
approved and developed. The DEIR was circulated for public review and comment
from October 22, 2008, through December 17, 2008.
J. The City received numerous written and oral comments on the DEIR. The City
prepared responses that describe the disposition of significant environmental issued
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 EIR dated January 1, 2009. The DEIR, the FEIR, and all the appendices
comprise the "EIR" referenced in these findings and this Resolution.
K. On December 3, 2008, the Planning Commission conducted a public hearing and
City staff and its engineering and environmental consultants provided information
about the Project. Members of the public had the opportunity to ask questions and
express their concerns and interest about the Project. At the conclusion of the public
hearing, the Planning Commission directed staff to prepare a resolution recommending
denial of the Project. The resolution was approved by the Commission on December 17,
2008.
K. On January 14, 2009, the City Council conducted a public hearing, accepted
testimony, and continued the matter. At this public hearing, City staff and its
engineering and environmental consultants provided information about the Project and
members of the public had the opportunity to ask questions and express their concerns
and interest about the Project.
L. On April 1, 2009, the City Council received additional public testiony testimony,
closed the public portion of the hearing and continued the matter to the City Council
meeting of May 13, 2009.
M. On May 13, 2009, the City Council discussed certain issues related to the draft
Project, provided direction to staff, and continued the matter.
N. The record upon which all findings and determinations related to the Project are
based includes the following:
1. The EIR and all documents referenced in or relied upon by the EIR.
All information (including written evidence and testimony) provided by City staff to
the Planning Commission and the City Council relating to the EIR, the proposed
approvals for the Project, the Project or its alternatives.
2. All information (including written evidence and testimony) presented to the
Planning Commission and the City Council by the environmental consultant and sub
consultants who prepared the EIR, or incorporated into reports presented to the
Planning Commission and the Council.
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3. All information (including written evidence and testimony) presented to the
City from other public agencies relating to the Project or the EIR.
4. All applications, letters, testimony, and hearing presentations given by any
of project sponsor or property owner within the Project area or their consultants
or representatives to the City in connection with the Project.
5. All information (including written evidence and testimony) presented at any
public hearing or meeting related to the Project and the EIR.
6. All locally-adopted land use plans and ordinances, including, without
limitation, general plans, specific plans, redevelopment plans, ordinances, and
resolutions, including without limitation actions regarding "Design for
Development," together with environmental review documents, findings,
mitigation monitoring programs, and other documentation relevant to any
development in the Specific Plan Area-
7- The Mitigation Monitoring and Reporting Program for the Project.
8. All information (including written evidence and testimony) presented to the
City Council in conjunction with the hearing on the designation of the Town and
Country Center as a Class 1 historical site on June 24, 2009.
9. All other documents comprising the record pursuant to Public Resources
Code section 21167.6(e).
10. The documents and materials that constitute the record of proceedings on
which this Resolution is based are located at the City of Palm Springs Planning
Department, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262. The
custodian for these records is the Director of Planning Services. This information
is provided in compliance with Public Resources Code section 21081.6.
O. The EIR provides a program-level analysis of the environmental impacts of the
Project, prepared pursuant to Section 15168 of the Guidelines. A Program EIR
examines the total scope of environmental effects that would occur as a result of
buildout of the entire proposed project. By examining the full scope of the proposed
project and subsequent applications and approvals at this stage of planning, the
Program EIR provides a full disclosure of the environmental impacts that may occur
throughout the project site, together with an analysis of the site specific and
cumulative environmental impacts that will occur throughout the buildout time frame of
the project and may be found to support all levels of approval necessary to implement
the Project.
P. The findings contained in this Resolution and any Exhibit to this Resolution are
based upon substantial evidence in the entire record before the City. Any reference to
specific evidence, testimony, or documents, including pages or sections of the EIR set
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forth in this Resolution or any attachment to this Resolution are for ease of reference
and are not intended to provide an exhaustive list of the evidence relied upon for any
findings or determinations in suc Resolution or attachment thereto.
Q. The City recognizes that the EIR contains clerical errors. The City has reviewed
the entirety of the EIR and bases its determinations on the substance of the information
it contains.
R. The EIR is adequate to support the approval of the Project and of each entitlement
or approval that is the subject of the staff reports to the Planning Commission and the
City Council, ordinance, or resolution to which these CEQA findings are attached.
The City Council ratifies, adopts and incorporates the analysis, explanation, findings,
responses to comments, and conclusions of the EIR. The City Council adopts the
reasoning of the EIR, of the staff reports presented to the Commission and the Council,
and of staff and the presentations provided by the owners of property within the Specific
Plan Area and their consultants and representatives.
S. The City recognizes that additional modifications have been made to the text of
the Museum Market Plaza Specific Plan since the EIR was published; all resulting in
the Project in the form it is approved by this Resolution. These refinements have
little to no effect on physical impacts of the Project and do not raise additional
environmental concerns. Other changes were made to incorporate mitigation
measures, or to make the Project more environmentally beneficial. Other changes were
made to address planning, practical, financial, or logistical concerns and these
changes have little to no effect on physical impacts of the Project. The City Council is
appraised of all these modifications and determines that the EIR is adequate to
support approval of the Project. The impacts of the Project as it is approved are within
the range of impacts studied in the EIR.
T. The City Council recognizes that the EIR incorporates information obtained and
produced after the DEIR was completed, and that it contains additions, clarifications,
and modifications. The City further recognizes that the additional modifications have
been made as described in Finding S above. The City Council has reviewed and
considered the FEIR and all of this information. Neither the FEIR, nor any of these
modifications, adds significant new information to the DEIR that would require
recirculation of the EIR under CEQA. The new information does not involve a new
significant environmental impact, a substantial increase in the severity of an
environmental impact, or a feasible project alternative or mitigation measure
considerably different from others previously analyzed and that would clearly lessen the
significant environmental impacts of the Project. The EIR adequately addresses the Project
as it is approved by the City Council. The City Council has not received any information
that indicates that the DEIR is inadequate or conclusory.
U. Pursuant to Public Resources Code Section 21081(b) and the Guidelines Section
15093, the City Council has balanced the benefits of the proposed project against
unavoidable adverse impacts to scenic vistas and aesthetics, air quality, and historic
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resources and has adopted all feasible mitigation measures with respect to impacts to
scenic vistas and aesthetics, air quality, and historic resources. The City also has
examined alternatives to the proposed project; none of which meet both the project
objectives and is environmentally preferable to the proposed project.
V. Public Resources Code section 21081.6 and CEQA Guidelines section 15097
require the City to adopt a monitoring or reporting program to ensure that the mitigation
measures and revisions to the Project identified in the EIR are implemented. The
provisions of the Mitigation and Monitoring/Reporting Program ("MMRP") are
discussed throughout the EIR and included as a part of the discussion regarding each
Project Impact and the discussion of Mitigation Measures that relate to each Project
Impact. The mitigation measures recommended by the EIR as reflected in the MMRP
are specific and enforceable. As appropriate, some mitigation measures define
performance standards to ensure no significant environmental impacts. The MMRP
adequately describes conditions, implementation, verification, compliance, and
reporting requirements to ensure the Project complies with the adopted mitigation
measures. The MMRP ensures that the mitigation measures are in place, as
appropriate, throughout the life of the Project.
W. The mitigation measures comprise the measures necessary to reduce
significant impacts to a level less than significant wherever it is feasible to do so. The City
has substantially lessened or eliminated all significant environmental effects where
feasible. The mitigation measures incorporated into and imposed upon the Project
will not have new significant environmental impacts that were not analyzed in the DEIR.
X. The City has not made any decision that constitute an irretrievable commitment
of resources toward the Project prior to certification of the EIR, nor has the City
previously committed to a definite course of action with respect to the Project
NOW, THEREFORE, the City Council of the City of Palm Springs resolves-
SECTION 1. The City Council certifies that the EIR has been completed in
compliance with CEQA, that the EIR was presented to the City Council as the
decision-making body, and that the City Council reviewed and considered the
information contained in the EIR prior to approving any aspect of the Project.
Preparation of the EIR has been overseen by the City's Director of Planning and/or his
representative, and the conclusions and recommendations in the document represent
the independent conclusions and recommendations of the City. The EIR and these
findings represent the independent judgment and analysis of the City. By these
findings, the City Council confirms, ratifies, and adopts the findings and conclusions of
the EIR, as supplemented and modified by this Resolution and the Exhibits to this
Resolution. The City Council further certifies that the EIR is also adequate to support
approval of each component of the Project, any project within the range of alternatives
described and evaluated in the EIR, each component of any of these alternatives, and
any minor modifications to the Project or the alternatives. The City Council also certifies that
the EIR is adequate to support any future discretionary approvals needed to implement the
Project.
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SECTION 2. The City Council adopts the "CEQA Findings and Statement of
Facts" as provided in Exhibit "A" to this Resolution.
SECTION 3. The City Council, after balancing the specific economic, legal,
social, technological, and other benefits of the proposed project, has determined
that the unavoidable adverse environmental impacts identified in the EIR and
Exhibit "A" may be considered "acceptable" due to specific considerations which
outweigh the unavoidable, adverse environmental impacts of the proposed project.
The City Council therefore adopts the "Statement of Overriding Considerations" as
Provided in Exhibit "B" to this Resolution. Each of the separate benefits of the proposed
project, as provided in the Statement of Overriding Considerations, is determined to be,
unto itself and independent of the other project benefits, a basis for overriding all
unavoidable adverse environmental impacts identified in the Statement of Overriding
Considerations.
SECTION 4. The City Council finds, accepts and adopts the Mitigation
Monitoring Program, which is incorporated into the EIR, meets the requirements of
Section 21081.6 of the Public Resources Code by providing for the implementation and
monitoring of measures intended to mitigate potential environmental impacts. In the
event of any inconsistencies between the Mitigation Measures as set forth in the EIR
and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and
Reporting Plan shall control.
ADOPTED on the 18th day of November, 2009; and RE-ADOPTED this 2"d day of
December, 2009.
David H. Ready, onager
ATTEST:
mes Thompson, City Clerk
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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 22625 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 the 18th day of November, 2009,
and duly re-adopted at a regular meeting of the City Council of the City of Palm Springs
on the Z" day of December, 2009, by the following vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk ,� /
City of Palm Springs, Calif ornia�f��T] Z��G
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EXHIBIT "A"
CEQA FINDINGS AND STATEMENT OF FACTS
A. INTRODUCTION
The EIR analyzed the potential impacts of the Specific Plan submitted to the City
in April of 2008. The City Council, in its consideration of the proposed project
since that time, has requested changes to the Specific Plan which in all cases
reduce the potential intensity of development on the project site. In addition, the
Specific Plan has been modified to eliminate maximum land use densities and
intensities and the market will be allowed to determine the best mix of these uses.
Development will be controlled through several regulations and policies
contained in the Plan. Therefore, the descriptions and impacts provided herein
represent the worst case scenario for the project site, and impacts are expected
to be reduced as a result of the changes which have been integrated into the
Specific Plan. Where appropriate in these findings the revised project's impacts
are addressed.
Project Description, Location, and Objectives
Project Location
The EIR analyzed a proposed project which consists of non-contiguous lands generally
occurring at the northwest corner of Tahquitz Canyon Way and Palm Canyon Drive. The
area is irregular in shape, and encompasses lands bounded by the Hyatt Suites hotel
and Belardo Road on the north, Tahquitz Canyon Way on the South, Museum Drive on
the west and North Palm Canyon Drive on the east, as well as lands directly east,
between north Palm Canyon and Indian Canyon Drives.
The proposed project is identified as Assessor's Parcel Numbers 513-092-010-3, 513-
092-009-3, 513-092-003-7, 513-560-002-0, 513-550-004-4, 513-560-007-7, 513-560-
008-8, and 513-560-009-9. The site can further be identified as a portion of Section 15,
Township 4 South, Range 4 East, SBBM.
Project Description
The Specific Plan, as modified, proposes policies and development standards for a
master planned, mixed use project to include Retail, Office, High Density Residential,
and Resort development on 18.5 acres. The proposed project site analyzed in the EIR
is irregular in shape, but is generally bounded by Andreas Road on the north, Tahquitz
Canyon Way on the south, Museum Drive on the west, and Indian Canyon Drive on the
east.
The Specific Plan analyzed in the Final EIR allows for a broad range of development,
with a mixed use theme. Retail-oriented commercial is required to be developed on the
ground floor on Palm Canyon Drive, with some exceptions. A mix of professional office
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and/or retail development is envisioned on the ground floor on all other project
roadways, and on the second and/or third floors of Blocks A, C, D and F. Additional
uses that may be developed subject to the Specific Plan include hotels, multiple family
residential, theaters, tourist-related services and public and semi-public uses.
The Specific Plan analyzed in the EIR allows generally reflects the CBD zone and
conforms to the Design Guidelines, with limited exceptions. The Development
Standards included in Section III of the Plan set the range of permitted and conditionally
permitted uses, as well as provide specific direction for preferred uses on certain street
fronts. Also, standards for mass, height and setback standards are established to
assure that variety in building mass and height is achieved. Within these standards, any
combination of retail, office, residential and hotel development may be proposed. To
provide a basis for environmental analysis, the EIR assumed a specific set of maximum
land use intensities and densities, as follows-
Table 1
Maximum Land Use Intensities
Land Use
Retail or Office (square feet 385,000
Residential (dwelling units 900
Hotel (rooms) 565
Changes to the Specific Plan
Subsequent to the preparation of the EIR, the Specific Plan was modified. In addition
to the deletion of specific maximum densities and intensities, the changes in the
Specific Plan include:
• A reduction in the maximum building height to 60 feet (except for hotels approved
by the City Council), with lower building heights on the perimeter of the Plan
area.
• The elimination of Blocks J and L from the area included in the Specific Plan.
• The incorporation of an option to remodel the existing Desert Fashion Plaza.
Project Objectives
The primary goal of the proposed project analyzed in the EIR is the revitalization of
Downtown Palm Springs through the implementation of the following objectives.
1. Reintegrate the site into the economic, social and environmental fabric of the
downtown.
2. Provide direct access to the Desert Art Museum from Downtown and Section 14.
3. Create an upscale, vibrant mixed-use lifestyle center, including boutique shops,
galleries, neighborhood conveniences, restaurants, residential units and boutique
hotels, serving visitors and local residents.
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4. Enhance the pedestrian environment and lower the dependence on the
automobile by providing living, shopping and entertainment venues in a central
location.
5. Encourage a variety of architectural designs, styles and heights with materials
that include plaster, glass, stone, iron, masonry and concrete to create visual
interest while utilizing the latest in green technology.
6. Reintegrate the pedestrian and automobile back into the core of downtown by
reconnecting Belardo Road and creating a new boulevard (Museum Way) from
the Museum to Indian Canyon.
EFFECTS DETERMINED TO HAVE NO IMPACT
The CEQA Guidelines Environmental Checklist Form was used to prepare an Initial
Study, which was used by the City of Palm Springs to determine that all required
environmental issues would be addressed in the EIR. The City determined that the
proposed project would have no impact on agricultural resources, biological resources,
and mineral resources. In addition, the Initial Study determined that there would be no
impact associated with the proposed project for the following specific thresholds of
concern:
Cultural Resources
a) Cause a substantial adverse change in the significance of an archaeological
resource as defined in Section 15064.5;
c) Directly or indirectly destroy a unique paleontological resource or site or unique
geological feature;
d) Disturb any human remains, including those interred outside of formal
cemeteries.
Geology and Soils
a) Expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Zoning Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code, creating substantial risks to life or property.
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste disposal systems where sewers are not available for the
disposal of wastewater.
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Hazards and Hazardous Materials
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school.
d) Be located on a site, which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result, would
create a significant hazard to the public or environment.
e) Result in a safety hazard for people residing or working in the project area for a
project located within an airport land use plan or, where such a plan has not yet
been adopted, within two miles of a public airport or public use airport.
f) Result in a safety hazard for people residing or working in the project area for a
project within the vicinity of a private airstrip.
g) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan.
h) Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands.
Hydrology and Water Quality
f) Otherwise substantially degrade water quality.
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation
map.
h) Place within a 100-year flood hazard area structures which would impede or
redirect flood flows.
i) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam.
j) Inundation by seiche, tsunami, or mudflow.
Land Use and Planning
a) Physically divide an established community.
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan.
Noise
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport, would
the project expose people residing or working in the project area to excessive
noise levels?
f) For a project within the vicinity of a private airstrip, would the project expose
people residing or working in the project area to excessive noise levels?
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Population and Housing
b) Displace substantial numbers of existing housing, necessitating the construction
of replacement housing elsewhere.
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere.
Transportation and Traffic
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that results in substantial safety risks.
d) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)
EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT
This section addresses issue areas found in the EIR to result in less than
significant impacts. The changes made to the Specific Plan since the publication
of the EIR will reduce the impacts described below further, and they will remain
less than significant.
Aesthetic Resources Impacts
Light will continue to be emitted from the project site, and light from building sources will
be increased from previous levels, insofar as the proposed structures include more
square footage and greater mass than those presently existing on the site. Build out of
the proposed project will therefore result in some increase in the existing levels of
illumination, as well as some increase in glare from reflective building materials. The
Specific Plan also includes a substantial multi-family residential component and thus
introduces sensitive receptors to the area. Levels of lighting that are appropriate to other
permitted uses in the project area may have some impact on residential uses. The
proposed project will be required to comply with the City's lighting ordinances, which
limit the amount of light spillage to adjacent property, regulate the intensity of lighting,
and the use of screened fixtures. It is therefore expected that the implementation of the
proposed project will have a less than significant impact on light and glare in the area.
As described above, impacts associated with scenic vistas and light and glare are
expected to be less than significant. In addition, the modifications made to the proposed
project since the preparation of the EIR, particular the reduction in overall building
height and the requirements for the lowering of building heights on the project edges,
will result in reduced impacts in these issue areas. Further, the development standards
and guidelines in the Specific flan will assure high quality design and sensitivity to the
project's surroundings. The loss of the Town and Country Center represents a
potentially significant impact insofar at it will eliminate this scenic resource. The Town
and Country is discussed in Section 5 of this Exhibit relating to significant unavoidable
environmental impacts.
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Air Quality Impacts
The proposed project will generate emissions from equipment used in the demolition of
existing structures; emissions from construction equipment as the project builds out;
short and long term mobile emissions from increased motor vehicle activity; short term
stationary source emissions from the operation of construction equipment; long term
stationary source emissions from the production of electricity and the consumption of
natural gas; and emissions associated with greenhouse gas production.
The proposed project is generally consistent with the South Coast Air Quality
Management District (SCAQMD) plans and programs for the region, insofar as land use
designations proposed are consistent with those used by SCAQMD in the preparation of
these plans.
Emissions associated with the demolition of existing structures will not exceed
SCAQMD thresholds, resulting in less than significant impacts. Similarly, emissions
expected from stationary equipment, asphalt paving and architectural coatings during
construction will not exceed SCAQMD thresholds, resulting in less than significant
impacts.
The project is not expected to create or result in any objectionable odors. Therefore,
impacts from objectionable odors will be less than significant.
Geology and Soils Impacts
The proposed project area is located outside those areas having a landslide potential,
as identified in the General Plan. Although the project occurs near the foothills of the
San Jacinto mountains, the potential impacts associated with landslides are expected to
be less than significant.
Hydrology and Water Resources Impacts
Hydrology
The proposed project includes the construction in a 36-inch storm drain in the extension
of Belardo Road, from Tahquitz Canyon to the new east-west private street. This facility
will collect storm flows from throughout the project in catch basins, direct them to the
existing facilities on surrounding streets, and will deliver peak runoff values not
exceeding existing conditions. Therefore, the project would not result in any significant
impacts related to the amount or rate of stormwater runoff or drainage system effects-
Project-specific impacts associated with drainage and surface runoff and the potential
for increased flooding are expected to be less than significant.
Development of the proposed project would result in further development and
redevelopment in an already urbanized area. The project site is served by existing
storm drains. Runoff from the proposed project and surrounding uses is directed into the
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adjacent streets, where it flows to the nearest drainage improvements. The Museum
Market Plaza development would also drain to the surrounding street system. Little if
any additional cumulative runoff would be expected from the project site since this part
of the City is already fully developed with impervious surfaces. Therefore, cumulative
impacts to the existing or planned stormwater drainage systems would be less than
significant.
Water Resources
The project site will be subject to construction standards under NPDES that are
designed to ensure water quality are not adversely affected. The project would be
required to implement Best Management Practices and to conform to the existing
NPDES water quality program and the State Water Resources Control Board (SWRCB)
General Construction Activity Storm Water Permit process. Therefore, cumulative water
quality impacts would also be less than significant.
Runoff resulting from project build out will be directed into existing storm drains. All
contaminants would be disposed of in compliance with applicable stormwater pollution
prevention permits, required by the City under its NPDES permit. Therefore, the project
would not provide substantial additional sources of polluted runoff to the storm drain
system or increase storm water runoff from the project site above existing levels, and
impacts will be less than significant.
Population and Housing Impacts
The General Plan estimates that the Land Use plan has a capacity for 51,406 housing
units within the City limits and its Sphere-of-Influence, and that these housing units will
result in a population of 94,950 at General Plan build out. The Specific Plan includes
maximum square footages for each Block, and therefore a higher square footage of
commercial space and/or hotel space would reduce the number of potential residential
units which could be built within the project area. However, even at maximum build out
at the densities projected in the DEIR, the proposed project would generate 5.3% of the
potential additional units anticipated in the General Plan.
The Southern California Association of Governments, in the preparation of its Regional
Transportation Plan (RTP), has prepared projections for population and household
growth in Palm Springs in the long term. The RTP projects that there will be 24,204
households in 2015, 24,416 in 2020, and 28,606 households in 2030 in the City. Using
the SCAG growth forecast, and the total number of occupied housing units in the City
currently, and given a projected project build out year of 2016, the City will have a
demand for over 1,919 permanent housing units (not seasonal units) at project build
out. Should the residential units within the project build out at the maximum allowed
under the Specific Plan as described in the Draft EIR, the 955 housing units proposed
within the Specific Plan area would represent 49.8% of all the new permanent housing
required in the City under SCAG's growth predictions. If it is further assumed that 23.5%
of the units within the project will be seasonal units, the proposed project would
represent 730 permanent housing units, or 38.0% of the total demand in 2015. The
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SCAG forecasts clearly indicate that there will be a need for at least twice as much
housing in the City as that proposed within the project area. Therefore, the proposed
project will not significantly induce growth in the City, and impacts will be less than
significant.
Public Services and Facilities Impacts
As a generator of new jobs, the project may contribute, to a limited extent, to a
cumulative increase in the population of the City. The project will be required to pay the
State mandated school impact fees in place at the time of issuance of building permits.
These fees are designed to offset the demand for facilities placed on the PSUSD by
new development. The payment of the fees will assure that impacts associated with
additional students will be less than significant. The PSUSD will continue to plan for
growth in order to accommodate population increase in the City and overall, the project
is not expected to have a significant impact on schools.
The proposed project is not expected to have any significant adverse impacts on the
medical facilities in the area. It is expected that all of the Valley hospitals will expand as
needs are identified and that regional health care facilities will be able to adequately
service the future population.
The proposed project is not expected to have any significant adverse impacts on the
library facilities in the area. It is expected that the facility will be able to adequately
service the increase in population generated by the Specific Plan and that impacts on
library services will be less than significant.
The build out of the proposed project will generate additional demand for electrical
power. The proposed commercial development will generate an estimated demand of
11,166,882 kwh per year, and the proposed residential development will generate an
estimated demand for 5,373,308 kwh per year. The present supply capacity of SCE. is
expected to be adequate to provide for increased consumption associated with the build
out of the proposed project.
The build out of the proposed project will generate additional demand for natural gas.
The proposed commercial development will generate an estimated demand for
3,509,965 cubic feet per month, and the proposed residential development will generate
an estimated demand for 3,830,983 cubic feet per month. The present supply capacity
of SCG is expected to be adequate to provide for increased consumption associated
with the build-out of the proposed project.
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Recreational Resources Impacts
Development of the proposed project may increase to some extent the usage of
existing regional parks and recreational facilities, although these impacts are
expected to be less than significant in relation to the volume of current
recreational users. The proposed project is designed as an integrated
community that offers a full range of active and passive on-site recreational
amenities that are appropriate to its downtown location. The proposed project
includes several open spaces for a variety of compatible recreational uses.
Transportation and Traffic Impacts
Emergency access throughout the Museum Market Plaza has been planned in a
manner consistent with the requirements of emergency service providers and the Palm
Springs Municipal Code. Implementation of the Specific Plan is therefore not expected
to result in inadequate emergency access to any part of the site or impede emergency
access to any neighboring areas.
The SunLine Transit Agency provides bus transit service in the Specific Plan area, with
three lines connecting downtown Palm Springs with neighboring parts of the City and
other cities in the Coachella Valley. Build out of the proposed project is not expected to
have any significant impact on the existing public transportation structure, as the service
presently provided by the SunLine Transit Agency has available capacity.
Utility and Service System Impacts
Solid waste is currently brought to the Edom Hill Transfer Station, which will accept and
recycle or transfer waste from the City to other landfills, such as Lamb Canyon Landfill
in Beaumont. The landfill has capacity to serve the proposed project, and impacts
associated with landfill capacity are expected to be less than significant.
In 2004, the City of Palm Springs diverted 60 percent of their solid waste, 10 percent
more that the 50 percent diversion rate required by the State of California.
Build out of the proposed project will result in the generation of approximately 200,000
gallons of wastewater per day. The sewer treatment plant currently processes
approximately 6.5 million gallons per day, and has a 10.9 million gallon per day
capacity. The proposed project will increase flows by 3% per day, but will not
significantly impact plant capacity. Impacts associated with the increase in sanitary
sewer flows are expected to be less than significant.
Economic Impacts
The proposed project is expected to result in a positive annual cash flow to the City.
Economic impacts are therefore expected to be less than significant.
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EFFECTS MITIGATABLE TO A LEVEL OF INSIGNIFICANCE
Aesthetic Impacts
The proposed project will result in potentially significant impacts associated with scenic
vistas. The planned construction of tall structures will result in partial obstruction of
mountain views in several locations surrounding the project site.
The reconstruction of sidewalks could impact some elements of the 'Palm Springs Walk
of Stars'. The level of development will be considerably more intense than that
presently existing in the Downtown area.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to scenic vistas to less than significant levels, as follows:
a. Each application for Major Architectural Review or other discretionary
permit involving structures within the Plan area shall include an analysis of
the potential impacts associated with mountain views-
b. Design of structures shall be sensitive to surrounding mountain vistas, and
shall incorporate visually permeable materials, step-backs and setbacks,
and stepped building frontages to the greatest extent possible.
c. Building design for all structures along the perimeter of the Plan area,
adjacent to existing buildings not in the Plan area, shall be set back from
these buildings to the greatest extent possible to minimize indirect impacts
associated with the visual character of the area.
d. All lighting proposals for the Museum Market Plaza will be reviewed by the
City for compliance with the requirements of both the Specific Plan and
the lighting ordinance. Permitted lighting levels shall be consistent with
the urban core location and compatible with the mixed uses of the project.
e. All Developer proposals, including those for lighting and landscaping shall
conform to the design guidelines set forth in the Museum Market Plaza
Specific Plan.
f. Any elements of the 'Palm Springs Walk of Stars' that may be impacted
during build out of the Specific Plan shall be carefully removed from the
site, cleaned and safely stored. Once surrounding construction work is
complete, the stars shall be reset into the sidewalk as close as possible to
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their original location. Reinstated stars shall be refurbished as required to
restore their original appearance.
g. Signage shall be in compliance with the City's sign ordinance and the
requirements of the Specific Plan.
2. In addition, the Specific Plan has been modified to reduce building heights to
60 feet, or 19 feet less than originally proposed. This change in the project will
reduce impacts in addition to the mitigation measures provided in the EIR.
Cultural Resources Impacts
The project area has been extensively disturbed, and has limited potential for
archaeological resources. However, the surrounding area, including the project site, has
been identified as having the potential to harbor such resources. As development of the
proposed project may result in the excavation of areas previously not impacted by
significant excavations, the potential exists for buried resources to occur. A mitigation
measure has been included in the EIR to assure that impacts to these resources are
reduced to less than significant levels, if they are identified.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The following mitigation measure is included in the EIR:
a. In the event that inadvertent archaeological discovery is made on the
project site during ground disturbing activities, all activity shall stop
in the vicinity of the discovery, and the City and Tribal Historic
Preservation Officer shall be contacted. If determined necessary by
the Tribe and the City, a qualified archaeologist shall be hired by the
contractor to assess the find. If the find is determined significant, a
Treatment Plan shall be prepared and submitted to the Tribe and City
for approval.
Geology and Soils Impacts
Although no active faults or potentially active faults are found within the proposed
project site, there are nearby active faults that could cause moderate to intense ground
shaking, including the San Andreas, San Jacinto, Elsinore, and Banning faults. Although
fault rupture is not anticipated, development of the project site would be subject to
moderate to severe ground-shaking, resulting in risks to public safety and potentially
significant damage to structures and other property.
Shallow groundwater that can contribute to the occurrence of liquefaction is known to
occur in the downtown area, immediately surrounding the Agua Caliente Springs. A
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strong earthquake could cause liquefaction in this area, most likely expressed as "sand
volcanoes" immediately surrounding the spring-
Non-uniform or differential settlement can occur if the compressible soil section beneath
the structure is variable, if the soil is heterogeneous, or if there are variable loads
imposed across the footprint of the structure. If a structure is constructed such that it
spans native soil and bedrock or native soil and a section of fill, differential settlements
can be expected.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to sails and geology to less than significant levels, as follows:
a. The proposed project shall comply with the City's mandatory
strengthening mitigation program. The strengthening mitigation standard
chosen by Palm Springs for its URMs is the Modified 1987 Edition of the
Seismic Safety Commission Model Ordinance (SSC, 2003).
b. Temporary erosion-control measures shall be provided during the
construction phase of the project site development, as required by local
building codes and ordinances, as well as state and federal stormwater
pollution regulations. In addition, permanent erosion control and clean
water runoff measures are required for new developments, which are
discussed further in the Hydrology and Water Quality, Sections III-F and
III-G, of this document.
Mitigation measures including planting stabilizing vegetation, covering
soils with impervious surfaces, and installing wind fencing can significantly
reduce wind related erosion. Additionally, the project applicant will be
required to submit a Fugitive Dust Plan to the City prior to initiation of
grading. These issues are also discussed in Section III-C, Air Quality.
c. Construction plans for any portion of Block K shall be accompanied by a
well monitoring report to assess the status and potential impact of the hot
spring located at the Spa Hotel property. The report shall include any
required improvements which will assure no impacts to either the
building(s) on Block K, or the springs on the hotel property.
d. The proposed project will be required to comply with the
construction standards of the Palm Springs Fire Department, the
Palm Springs Building Codes, and the seismic engineering
requirements of the Uniform Building Code (UBC). As appropriate
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engineering design features and structural requirements are applied,
any potential impacts would be mitigated.
e. Subsequent to preparation of final development plans and specifications,
but prior to grading and construction, the foundation plans shall be
reviewed by the geological consultant and/or the City Building and Safety
Department to verify compatibility with site geotechnical conditions and
conformance with recommendations contained herein.
f. Rough grading of the project site shall be performed under geological and
engineering observation of the geological consultant and/or the City's
Engineer. Rough grading includes, but is not limited to, grading of over-
excavated cuts, fill placement, and excavation of temporary and
permanent cut slopes.
g. As determined appropriate by the City and consulting geologist, the
geotechnical consultant and/or the City Building and Safety Department
shall perform the following observations during site grading and
construction of foundations to verify or modify, if necessary, conclusions
and recommendations in the project's geotechnical report:
• Observation of all grading operations.
• Geologic observation of all cut slopes.
• Observation of all key cuts and fills benching.
• Observation of all retaining wall back cuts, during and following
completion or excavation.
• Observation of all surface and subsurface drainage systems.
• Observation of backfill wedges and subdrains for retaining walls.
• Observation of pre-moistening of subgrade soils and placement of
sand cushion and vapor barrier beneath the slab.
• Observation of all foundation excavations for the structure or retaining
walls prior to placing forms and reinforcing steel.
• Observation of compaction of all utility trench backfill.
Hazards and Hazardous Materials Impacts
There are currently no hazardous materials on-site with the exception of the 3 percent
asbestos identified in sprayed ceiling materials in the Desert Fashion Plaza. There is a
very low probability that off-site contaminants have migrated to the subject property and
impacted underlying soils or groundwater. Additionally, since there has never been any
agriculture on-site, pesticides and/or herbicides are not expected to be present within
underlying soils.
The proposed project will allow for the demolition of existing buildings. Although
hazardous materials were not identified within the Town and Country Center, ACM and
lead paint are expected to occur. Demolition debris generated may include asphalt
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paving, dirt, concrete, flooring and ceiling materials, and other building materials. The
demolition of buildings within the project site has the potential to release hazardous
materials into the environment, without appropriate mitigation.
Impacts from proposed development may include hazardous and toxic materials and
wastes generated by commercial and resort establishments, and residences.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to hazards and hazardous materials to less than significant levels, as
follows:
a. Prior to any demolition of any structures within the Town and Country
Center, a Phase I Environmental Site Assessment shall be completed.
The study shall include an evaluation for Asbestos Containing Materials
(ACM) and lead paint. Should either be identified, a remediation plan
(Phase II) shall be prepared and submitted to the City for approval. All
remediation shall be completed to the satisfaction of the City.
b. All asbestos-related work, including demolition and renovation, shall be
performed by a licensed Asbestos-abatement Contractor under the
supervision of a certified Asbestos Consultant. Asbestos shall be removed
and disposed of in compliance with notification and asbestos-removal
procedures outlined in South Coast Air Quality Management District Rule
1403 to reduce asbestos-related health risks.
c. During project construction and implementation, the handling, storage,
transport, and disposal of all chemicals, including herbicides and
pesticides, runoff, hazardous materials and waste used on, or at, the
project site, shall be in accordance with the project's BMP/Integrated
Waste Management Plan, other relevant regulatory plans, and applicable
City, county, state, and federal regulations.
d. Ongoing development within the Specific Plan area shall require continued
coordination with the City of Palm Springs Fire Department to reduce the
level of potential risk of exposure to hazardous and toxic material and
waste, and facilitate fire department response in the event of a hazardous
material or waste related emergency.
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e. Future development within the Specific Plan area shall be required to
comply with all applicable federal, state, and regional permitting
requirements for hazardous and toxic materials generation and handling,
including but not limited to the following:
i. If it is determined that hazardous wastes are, or will be, generated by
any proposed operations, the wastes must be managed in
accordance with the California Hazardous Waste Control Law
(California Health and Safety Code, Division 20, chapter 6.5) and the
Hazardous Waste Control Regulations (California Code of
Regulations, Title 22, Division 4.5). If so, the proposed facility shall
obtain a United States Environmental Protection Agency
Identification Number by contacting (800) 618-6942.
ii. If hazardous wastes are (a) stored in tanks or containers for more
than ninety days, (b) treated onsite, or (c) disposed of onsite, then a
permit from the Department of Toxic Substances Control (DTSC)
may be required. If so, the proposed facility shall contact DTSC at
(818) 551-2171 to initiate pre-application discussions and determine
the permitting process applicable to the facility.
f. Hazardous material and waste storage within the proposed project shall
be secured so as to minimize risk of upset in the event of ground shaking
associated with earthquakes.
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Hydrology and Water Resources Impacts
A Water Supply Assessment was conducted for the Museum Market Plaza Specific
Plan as originally analyzed in the EIR, and quantifies the estimated water demand at
build out. In consultation with DWA staff and other water use professionals, an estimate
of water demand for the project as originally proposed was calculated using demand
factors that closely reflect the proposed development. After accounting for return flows,
which are applied only to the landscaping demand, this project-specific analysis resulted
in an estimated water demand of 259.3 acre-feet per year (ac-ft/yr) or 0.23 million
gallons per day (mgd). The proposed project contained approximately 380,977 square
feet of land uses that currently receive water services, and generate an estimated water
demand of 64.9 acre-feet per year or 0.06 mgd. This existing demand is contained
within the estimated water demand for the DWA service area. Thus the net annual
water demand for the project is estimated to be 194.3 acre-feet. The project as
proposed for adoption is less intense than the project analyzed in the EIR and it is
therefore projected that the estimated water demand from the project as proposed for
adoption will be less than the project analyzed in the EIR.
The impacts associated with build out of the Palm Springs General Plan were
accounted for in the DWA 2005 Urban Water Management Plan, as part of the
development projections used to set future water demand requirements. However, the
General Plan and the UWMP did not address the increased land use intensity and
related water demand increase associated with the proposed project. The Water Supply
Assessment prepared for the project demonstrates DWA's ability to meet the additional
water demand generated by the project.
The proposed project is designed to keep water use to a minimum in order to support
future conservation measures by incorporating the latest water conservation
technologies. Recycled effluent could be used to replace groundwater currently being
pumped for irrigation purposes, thereby reducing the demand on groundwater.
Development within the Specific Plan will also be required to pay fees to DWA for the
purpose of buying additional supplies of water for importation into the basin. Finally,
changes proposed to the Specific Plan will reduce the impacts of the project on water
resources further, by reducing domestic water demand. Impacts associated with water
resources will be less than significant, with the imposition of mitigation measures.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to water resources to less than significant levels, as follows:
a. The following general landscape design principles shall be
integrated into the project:
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i. To the greatest extent practicable, native plant materials and
other drought-tolerant plants shall be used in all non-turf areas of
project landscaping.
ii. Inorganic landscape materials, including boulders, cobble,
gravels and crushed granitic materials, shall be used throughout
the landscape to help naturalize the design, provide additional
structure and pattern to the landscape, and eliminate the need for
water in these areas.
iii. large expanses of lawn and other water-intensive landscaped
areas shall be limited to 50% of the park area or less, and
consistent with the functional and aesthetic needs of the project,
while providing soil stability and resistance to erosion. No other
turf areas shall be allowed.
b, landscaped areas shall utilize efficient irrigation systems that
minimize runoff and evaporation, and maximize effective watering of
plant roots. Landscape areas shall be outfitted with moisture
detectors and ET controllers to maximize irrigation efficiency.
Landscape plans shall be approved by the City and DWA prior to
installation.
c. The use of low-flush toilets and water-conserving shower heads and
faucets shall be required in conformance with Section 17921.3 of the
Health and Safety Code, Title 20, California Code of Regulations
Section 1601(b), and applicable sections of Title 24 of the State Code.
d. In accordance with the General Construction Activities Stormwater
Permit issued by the California State Water Resources Control
Board, the project proponent shall develop and implement a
stormwater pollution prevention plan (SWPPP) specifying best
management practices (BMPs) to reduce construction-related
stormwater runoff pollution to acceptable levels.
e. Should recycled water be made available by Desert Water Agency at the
site at the time of project development, the proposed project shall irrigate
landscaping with recycled water.
In addition, the Specific Plan has been modified to reduce the total permitted
residential units and commercial square footage within the project site. This
change in the project will reduce impacts in addition to the mitigation
measures provided in the EIR.
Land Use and Planning Impacts
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The proposed project has the potential to conflict with the City's adopted
Redevelopment Plan. The proposed project occurs within the City's Merged Project
Area I Redevelopment Plan boundary. The Redevelopment Agency is responsible for
the provision of affordable housing both within the Plan boundary and throughout the
City. Redevelopment law requires that 15% of all housing within a Redevelopment Plan
boundary be affordable to low and very low income households. The proposed project
allows up to 955 high-density residential units. Based on the 15% requirement
described above, the proposed project will generate a need for up to 143 housing units
affordable to low and very low income households. Changes proposed to the Specific
Plan will reduce the impacts of the project on affordable housing, by reducing the
number of units required to be produced in Merged Project Area I to 45. The Specific
Plan does not provide any standards or requirements for the provision of affordable
housing. If the units are not produced within the project, or at another location within
Merger Project Area I, the City's Redevelopment Agency will be required to produce
these units, or cause them to be produced, at another location.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to land use and planning to less than significant levels, as follows:
a. Prior to the issuance of any building permit on the project site, the
applicant and City shall enter into an agreement which assures that 15%
of the total residential units built within the project area are to be
affordable to households in the low and very low income categories,
consistent with State law. Alternatively, the agreement can provide the
housing outside the Specific Plan boundary, if the alternate location is
within Merged Project Area I, and is under the applicant's or City's control
at the time the agreement is finalized. The agreement shall be recorded
on all parcels proposed for residential development within the Specific
Plan boundary.
Noise Impacts
Build out of the proposed project will result in short-term noise impacts associated with
demolition of existing structures, grading and construction, as well as the transport of
construction workers, materials and equipment to and from the site. Demolition, grading
and construction noise impacts will be temporary and short-lived, and are not expected
to impact community noise levels on a long-term basis. Prior to the implementation of
the Specific Plan, there are no sensitive receptors within the immediate project site,
although construction activities may have some impact on residents who live closest to
the site boundaries. Phased development of the project may result in some sensitive
receptors being introduced to the project area in the early or mid-phase, although
residential development is generally expected to occur later in the development time
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frame. At least some of the project's residential receptors could be temporarily
subjected to noise impacts associated with the development of later phases.
Stationary equipment, including the hum of fans and compressors, can be audible and
intrusive. Proper and adequate shielding of mechanical equipment can reduce noise
impacts from these sources to less than significant levels.
Upon build out of the proposed project and the 2007 Palm Springs General Plan,
sixteen of the roadway segments modeled in the EIR (26 percent) are projected to
generate noise levels at a distance of 50 feet from the roadway center line that exceed
75 CNEL. Seven of the links evaluated (11 percent) will generate noise levels at 50 feet
that are between 70 CNEL and 75 CNEL. Eight roadway segments (13 percent of the
links modeled) are projected to generate noise levels at 50 feet that are between 65
CNEL, and 70 CNEL. Twenty-two links (35 percent of the links modeled) will generate
noise levels at 50 feet that are between 60 CNEL and 65 CNEL. Noise levels at 50 feet
from nine roadway segments will range be below 60 CNEL.
Projected noise levels will result in a noise environment that can be conditionally
compatible with the proposed hotel and residential development. Traffic noise along
Palm Canyon will be the greatest noise source, with the 65 dBA CNEL. contour
occurring 426 to 524 feet from the roadway center line. Certain portions of the proposed
project, especially along Palm Canyon and Indian Canyon Drives may be significantly
impacted by future noise levels unless less sensitive uses are planned or adequate
noise mitigation is incorporated into individual project design.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to the short and long term noise environment to less than significant
levels, as follows:
a. Construction activities that impact adjacent residential units shall comply
with the hours of operation and noise levels identified in the City Noise
Ordinance. Grading and construction activities on-site shall be restricted to
the hours between 7 a.m. and 7 p.m. on weekdays and the hours of 8 a.m.
and 5 p.m. on Saturdays; no regular construction activities shall be
allowed on Sundays or federal holidays to minimize the potential for noise
impacts during more sensitive time periods, as specified by Palm Springs
Municipal Code Section 8.04.220.
b. Future on-site development shall comply with all relevant development
standards and Palm Springs Municipal Code requirements to ensure that
grading and construction activities and site operations do not create
adverse noise impacts beyond the site boundaries as specified in the
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Noise Ordinance'. Construction activities shall incorporate feasible and
practical techniques, which minimize the noise impacts on adjacent uses,
such as the use of mufflers and intake silencers no less effective than
originally equipped per City Policy NS3.11.
c. The final layout and building design shall be evaluated by a qualified noise
consultant to ensure that adequate noise attenuation features are
incorporated in the project design to meet applicable City of Palm Springs
noise standards as well as the California noise insulation standards. The
applicant shall demonstrate to the City's satisfaction that all acoustic
construction features required to assure acceptable interior noise levels
(45 dBA CNEL or lower per City Policy NS1.6 and NS1.8) shall be
incorporated in the project design, prior to the issuance of building
permits.
d. Parking structures and loading areas shall be designed to minimize noise
impacts on-site and on adjacent uses, including the use of materials that
mitigate sound transmission and configuration of interior spaces to
minimize sound amplification and transmission per City Policy NS3.3.
e. Future on-site development shall comply with all relevant noise policies
set forth in the Noise Element of the Palm Springs 2007 General Plan to
minimize operational noise impacts.
f. Drivers of diesel-fueled commercial vehicles (with gross vehicular weight
ratings greater than 10,000 pounds) shall be prohibited from idling the
vehicle's primary engine for more than five minutes at any location on-site
per Section 2485 of Chapter 10, Article 1, Division 3 of Title 13, California
Code of Regulations.
g. Exterior elevations shall incorporate design features and materials to
soften noise-reflective building surfaces in higher noise street frontages.
h. Prior to issuance of any grading or building permits, specifications shall be
prepared that identify performance requirements regarding the attenuation
of noise from construction vehicles and activities. The specifications shall
include but not be limited to the following:
i. A construction traffic routing plan shall be developed and submitted
for approval that demonstrates, to the extent feasible, avoidance of
congested routes and routes with adjacent noise sensitive receptors
(particularly residential development).
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ii. The general and sub-contractors shall comply with all local sound
control and noise level rules, regulations and ordinances, which apply
to any and all work performed pursuant to the contract.
iii. Each internal combustion engine, used for any purpose on the job or
related to the job, shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion engine
shall be operated on the project without said muffler.
iv. Construction activities shall incorporate feasible and practical
techniques, which minimize the noise impacts on adjacent uses.
V. Construction activities shall take place only between 7:00 a.m. and
7:00 p.m. to minimize the potential for noise impacts during more
sensitive time periods, as specified in the Palm Springs Noise
Ordinance. Construction activities shall not be permitted between the
hours of 5:00 p.m. and 7:00 a.m. if the noise produced by such work
is of such intensity or quality that it disturbs the peace and quiet of
any other person of normal sensitivity, in conformance with Palm
Springs Construction Site Regulations.
vi. All construction equipment, fixed or mobile, should be equipped with
properly operating and maintained mufflers or other appropriate
sound attenuation device.
vii. Stationary equipment should be placed such that emitted noise is
directed away from noise sensitive receptors.
viii. Stockpiling and vehicle staging areas should be located as far as
practical from noise sensitive receptors.
ix. Every effort shall be made to create the greatest distance between
noise sources and sensitive receptors during construction activities.
X. Project phasing will be encouraged where practicable to include initial
development adjacent to residential areas, which then will shield
them from noise generated during subsequent phases.
A. To the greatest extent practicable, the noisiest construction
operations shall be arranged to occur together in the construction
program to avoid continuing periods of greater annoyance.
xii. All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
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xiii. Parking, refueling and servicing operations for all heavy equipment
and on-site construction vehicles shall be located as far as practical
from existing homes and other sensitive receptors.
i. Any extension of construction hours shall require a permit to be issued by
the City of Palm Springs as specified in the Palm Springs Noise Ordinance
Public Services
The Specific Plan proposes an intensive level of development and a mix of hotel,
commercial, retail and restaurant uses that will maximize periods of active use and draw
greater numbers of people downtown. In addition, the inclusion of residential uses is
expected to introduce approximately 2,000 new residents to the area. Build out of the
proposed project may therefore have a significant impact on the Palm Springs Fire
Department by generating an increased demand for fire protection services in the City.
It also has potential to reduce the City's ISO rating for Public Protection from a Class 3
to a Class 4 rating.
Build-out of the Museum Market Plaza may also have a significant impact on the Palm
Springs Police Department by generating an increased demand for surveillance and
protection services in the City.
FindinML
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to police and fire services to less than significant levels, as follows:
a. The proposed project shall contribute its fair share to the siting and
staffing of a new Downtown Fire Station, through participation in a
Community Facilities District, participation in an other assessment
district or Development Impact Fee, or other means, as determined in
the Fire Department Master Plan.
b. The proposed project shall participate in the Public Safety Community
Facilities District (CFD) to offset impacts associated with increased
population and activity in the project area. The CFD revenues may, at the
City Council's option, be used to expand the Downtown police office into a
Downtown Policing Facility.
c. As part of the planning review process, the City Planning Department and
the Palm Springs Police Chief shall evaluate project development plans
from a 'defensible space' perspective.
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Recreational Facilities Impacts
At build out, the proposed project will increase population in the City by 2,000 people,
who will have a need for parks. Development of the proposed project will result in the
need for as much as 10 additional acres of parkland. The open space provided for the
residents should be equivalent to the City's Quimby requirement, in order to assure that
sufficient open space is provided by the project to meet General Plan policies.
Findinqs:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to parks to less than significant levels, as follows:
a. The project proponents will participate in the city's parkland fee
program/Quimby requirements, thereby off-setting any impacts associated
with parks that may be generated by the employees, users and residents
of the new development. The City will credit on-site open space against
the requirement.
Transportation and Traffic Impacts
Based on the analysis of existing and future traffic conditions, the Specific Plan
intersections in the planning area are projected to operate at acceptable levels of
service during weekday and Saturday peak hours, with the incorporation of roadway
and traffic signal improvements and other mitigation measures set forth in the EIR. In
the peak season of the year 2030, all of the key intersections are projected to meet the
City of Palm Springs minimum performance standard of LOS D in the midday and
evening peak hours on typical weekdays without off-site mitigation. The levels of delay
at the intersections evaluated with two-way stop control would be within the range
considered acceptable by the City of Palm Springs on weekdays in the year 2030. In the
peak season of the year 2030, all of the Specific Plan key intersections are projected to
meet the City of Palm Springs minimum performance standard of LOS D in the midday
peak hour on Saturdays without mitigation.
With the proposed project, traffic signals would be warranted and required to meet the
City minimum intersection performance standard at the proposed intersection of Palm
Canyon Drive with Museum Way and at Indian Canyon Drive with Museum Way.
In the year 2030 during Villagefest (Thursday evenings), the intersection of Belardo
Road and Arenas Road is projected to operate at LOS F with all-way stop control.
Although signalization would allow this intersection to operate at acceptable levels of
service, urban signal warrants do not appear to be met by the projected peak hour
traffic volumes at this intersection in the year 2030. Also during Villagefest in 2030, the
intersection of Belardo Road and private Museum Way on-site is projected to operate at
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LOS F with all-way stop control with the proposed project. This intersection appears to
require signalization during Villagefest to meet the City of Palm Springs minimum
performance standard. The westbound (Amado Road) approach to the intersection of
Belardo Road is also projected to operate at LOS F on Thursday evenings, with the
existing two-way stop control. Signalization may be necessary at this intersection to
maintain acceptable levels of minor-street control delay.
The Specific Plan would adversely impact the General Plan street system within the
study area by providing angled parking on the west side of Palm Canyon Drive. The
sight distance for motorists backing out of the angled parking spaces would be very
poor when large vehicles (minivans, SUVs, RVs or delivery trucks) were parked beside
them, restricting the driver's view of approaching traffic until they backed a considerable
distance into the travel lane to get a clear view around the adjacent vehicle.
Approaching drivers would be forced to react suddenly to unexpected mid-block
conflicts by braking to a stop to avoid collisions, with the additional concern of being
rear-ended. A major thoroughfare (such as Palm Canyon Drive and Indian Canyon
Drive) that has numerous vehicles backing out of angled parking spaces into the
adjacent travel lane cannot safely accommodate high traffic volumes and would have
substantially higher crash rates with angled parking than parallel parking. Changes to
the Specific Plan include the elimination of all angled parking on Palm Canyon Drive,
which will eliminate the impacts.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to traffic and circulation to less than significant levels, as follows:
a. The project proponent shall dedicate appropriate right-of-way, as
needed, to accommodate the ultimate improvement of all General Plan
public roadways within and adjacent to the project site to accommodate
additional demand for exclusive right-turn lanes, bus stops and lanes,
bicycle facilities or other improvements required to maintain a minimum
operating LOS D at intersections.
b. Master planned roadways shall be improved on and adjacent to the site
in accordance with the approved design standards specified in the
Museum Market Plaza Specific Plan.
c. Private roads shall be developed in accordance with the approved
design standards specified in the Museum Market Plaza Specific Plan
or, where not provided in the Specific Plan, with City's published
engineering standards for public streets, unless otherwise approved by
the City Engineer.
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d. Where necessary and appropriate, the project proponent shall
implement the Specific Plan and provide bikeways and associated
facilities on and/or adjacent to the project site, The goal of this measure
is to reconnect the existing recreational bike trails in the area known as
the Las Palmas Loop, the Heritage Trail, the Citywide Loop, and the
Downtown Loop that would be disconnected as a result of the removal of
the segment eliminated by the vacation and abandonment of Belardo
Road/Museum Drive proposed. The developer, may be required prior to
approval of development plans, to provide right-of-way through land
dedications to accommodate the City's network of trails and non-
motorized routes.
e. The project proponent shall provide off-street parking and loading
facilities for the proposed development, as specified in the development
standards and guidelines within the Museum Market Plaza Specific Plan.
Loading spaces shall be provided which meet the requirements of
Section 93.07.01 of the Palm Springs Municipal Code. The off-street
parking layout shall be subject to the review and approval of the City
Engineer.
f. The project proponent shall provide accessible parking spaces and
accessible parking aisles (96 inches wide and designated "Van
Accessible") that are ADA compliant. If valet parking facilities are
provided, an accessible passenger-loading zone shall also be provided
on an accessible route to the entrance of the facility. If passenger-
loading zones are provided on-site, then at least one passenger loading
zone shall be ADA accessible.
g. The project proponent shall provide accessible routes of travel (including
compliant curb ramps, sidewalks, and other improvements) along all
public streets and within all public spaces and common areas, in
accordance with current ADA guidelines and standards.
h. The project proponent shall contribute traffic impact mitigation fees, by
participating in the Traffic Uniform Mitigation Fee (TUMF) program.
i. The following table summarizes the improvements needed at on-site and key
intersections by the Year 2030 buildout period. Certain proposed mitigation
measures set forth below and associated with addressing traffic conditions
during Villagefest may be substituted with other measures or appropriate
Conditions of Approval that adequately address these short-term impacts. The
table also indicates the approximate project share of projected intersection
traffic expected in 2030, and shall serve as the basis for assigning
responsibility for improvements or appropriate levels of fee mitigation. Fair
share assignments may be altered by the actual number of units and square
footage proposed when actual project plans are submitted.
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Table 2
Required Intersection Improvements (2030)
Intersection Improvement Project-Related Contribution
To Future Traffic Growth
WEEKDAY AND SATURDAY REQUIRED MITIGATION
Palm Canyon Drive @ Museum Way Project Share of Traffic
install a traffic signal Increase = 68.22%
construct an eastbound through lane
construct an eastbound right-turn lanea
construct a westbound through lane
- construct a westbound left-turn lanea
Indian Canyon Drive @ Museum Way Project Share of Traffic
- install a traffic signal Increase = 49.90%
construct an eastbound left-turn lane
Belardo Road @ Museum Way Project Share of Traffic
- install an all-way stop Increase = 97.09%
- construct a northbound approach lane
- construct a southbound approach lane
construct an eastbound approach lane
construct a westbound approach lane
Belardo Road @ Tahquitz Canyon Way Project Share of Traffic
install a two-way stop, with STOP signs on Tahquitzlncrease = 90.59%
Canyon Way
stripe a northbound left-turn lane
construct a southbound left-turn lane
construct a southbound through/right-turn I ne
- stripe an eastbound left-turn lane
stripe a westbound left-turn lane
ADDITIONAL MITIGATION ON VILLAGEFEST THURSDAY
Belardo Road @ Amado Road Project Share of Traffic
- install a traffic signal Increase = 59.32%
Belardo Road @ Museum Way Project Share of Traffic
- install a traffic signal Increase = 97.09%
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- add a northbound left-turn lanea
- add a southbound left-turn lanea
Belardo Road @ Arenas Road Project Share of Traffic
- install a traffic signal Increase = 60.36%
- add a northbound left-turn lanes
add a southbound left-turn lanea
j. The intersection approach lanes and traffic controls at the on-site and
off-site key intersections shall be improved in a timely manner that
preserves acceptable levels of service and consistent with the
recommendations outlined in Figures 5-1 through 5-7 of the MMP Traffic
Impact Study.
k. To accommodate projected year 2030 traffic volumes at acceptable levels
of service with
I. Villagefest traffic and the closure of Palm Canyon Drive, three additional
intersections will require signalization: (1) Belardo Road at Amado Road,
(2) Belardo Road at Museum Way, and (3) Belardo Road at Arenas
Road.
m. To maintain the necessary roadway capacity while minimizing congestion,
Belardo Road should be improved as a public "Collector" street. On-street
parking should be restricted on the approaches to intersections to assure
adequate intersection sight distances, particularly in the vicinity of
Museum Way.
n. Detailed street and parking plans proposing angled parking along Belardo
Road shall be submitted to the City Engineer for approval. The subject
facilities shall be designed to limit the impacts of angled parking on
roadway capacity and the potential for increased accidents.
o. Final subdivision maps and development plans identifying locations of
structures, access drives, parking and other circulation components shall
be submitted to and approved by the City for each implementing
component of the Specific Plan.
p. Adequate vehicle stacking capacity shall be provided at the access
drives to all parking structures to assure that cars waiting for entry to the
parking garages on-site do not obstruct the adjacent street, particularly
in the peak travel periods.
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q. Clear unobstructed sight distances shall be maintained at the
unsignalized site driveways, site access intersections, and internal
intersections. All driveways with traffic exiting across public sidewalks
shall have a clear sight triangle inside the property measuring 8 feet by 8
feet to allow driver visibility of pedestrians on the sidewalk. Screening
fences or shrubbery shall not produce view obstructions at driveways or
intersections.
r. All off-street parking areas constructed on-site shall be adequately
illuminated with properly shielded ground-level and mounted lighting
fixtures that promote user safety, defensible space and security, as well
as to minimize the potential for vehicle-pedestrian collisions.
s. Proposed on-site loading facilities shall be designed in a manner that
precludes trucks from backing into or out of the loading facilities from a
public street, or to be required to use any public street for parking. All
areas used by trucks shall be set at appropriate grades, properly
drained, paved, and maintained.
t. The project proponent shall coordinate with SunLine Transit Agency and
the City to assure that adequate provisions are made for public transit
facilities on-site.
u. The project proponent shall contribute on a fair-share basis to the cost of
circulation improvements required within the study area.
Utilities and Service Systems Impacts
Based on solid waste generation rates provided by the California Integrated Waste
Management Board, residential development in the Specific Plan area will generate
approximately 1,120 tons of solid waste per year. Commercial development will include
commercial retail and office development, which is expected to generate approximately
960 tons of solid waste annually. The proposed Specific Plan will result in an increase in
the volume of solid waste generated over time. In order to ensure the safe and cost-
effective disposal of solid waste generated by development in the Specific Plan area,
monitoring of waste management is necessary.
Findings:
1. Changes, alterations, and other measures have been made in or incorporated
into the project which will mitigate these impacts to less than significant
levels. The EIR includes mitigation measures designed to reduce the potential
impacts to solid waste to less than significant levels, as follows:
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a. The developer shall implement recycling programs for all components of
the development project.
E. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS
Aesthetic Impacts
Development of the proposed project will result in changes to the existing visual
character of the project site and its surrounding. The planned construction of tall
structures will result in partial obstruction of mountain views, particularly at Cahuilla
Road and Tahquitz Canyon Way, and along portions of Palm Canyon Drive.
Lykens Department Store, a Class I historically significant building (considered locally
significant), occurs at the southeast corner of Andreas Road and Palm Canyon Drive,
one lot north of the project site. It is an architecturally distinctive, historic building that
makes an interesting visual contribution to the Downtown character. Although not
directly affected by the Specific Plan build out, the building could be negatively impacted
by the scale of the proposed new development. The intervening building, also not part
of the proposed project, helps to separate the Lykens building from the proposed
project. However, the mass and height of the structure to the south, extending up to 79
feet, will indirectly impact the Lykens building.
The following mitigation measures are included in the EIR, and will reduce the impacts
to scenic vistas and visual character to the extent possible-
1. Each application for Major Architectural Review or other discretionary permit
involving structures within the Plan area shall include an analysis of the potential
impacts associated with mountain views.
2. Design of structures shall be sensitive to surrounding mountain vistas, and shall
incorporate visually permeable materials, step-backs and setbacks, and stepped
building frontages to the greatest extent possible.
3. Building design for all structures along the perimeter of the Plan area, adjacent to
existing buildings not in the Plan area, shall be set back from these buildings to
the greatest extent possible to minimize indirect impacts associated with the
visual character of the area.
Since the preparation of the EIR, the City has modified the Specific Plan to reduce
building heights to 60 feet, from the originally proposed 79 feet. While hotels may be
allowed height in excess of 60 feet, if approved by the City Council, his remains a
overall reduction and may reduce the impacts associated with scenic vistas and visual
character to a greater extent than was analyzed in the EIR. The 60 foot building height,
however, is still significantly greater than what currently occurs in the Downtown, and
may still result in significant impacts to scenic vistas and visual character.
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Findings:
1. The City of Palm Springs hereby finds that impacts associated with scenic
vistas, and the visual character of the Downtown constitute a significant
unavoidable impact to aesthetics. Even with the implementation of
mitigation measures, the build out of the proposed project will result in
significant obstruction of mountain vistas, and impacts to the Lykens
building. All reasonable and feasible mitigation measures that can
substantially reduce impacts have been included in the EIR. No other
feasible mitigation measures are available to further reduce impacts to
scenic vistas and visual character. The City of Palm Springs finds that the
remaining unavoidable significant effects are acceptable based on the
inclusion of mitigation, the overall inability to mitigate the impacts despite
inclusion of mitigation, the benefits associated with the proposed project,
objectives established for the proposed project, and specific overriding
considerations described in the Statement of Overriding Considerations.
Air Quality Impacts
The proposed project will generate significant impacts to air quality during the grading
phase of construction. Although mitigation measures are included in the EIR, grading
activity is expected to exceed SCAQMD thresholds of significance for nitrogen oxides,
and emit 118.33 pounds per day, rather than the prescribed 100 pounds per day. All
other criteria pollutants will be emitted at levels lower than SCAQMD thresholds.
After build out of the proposed project, two criteria pollutants, carbon monoxide, and
nitrogen oxides, will exceed thresholds as established by SCAQMD. Furthermore,
estimated nitrogen oxides currently exceed established thresholds. Although all
reasonable mitigation measures have been incorporated in the measures provided
below, emissions are expected to continue to exceed thresholds, thereby constituting
unavoidable significant impacts to air quality.
Build out of the proposed project is estimated to generate 40,658 metric tons of carbon
dioxide equivalent per year, or 245,577 pounds per day of greenhouse gases. Existing
land uses onsite contribute to greenhouse gas emissions, contributing an estimated
GHG emissions of 14,923 metric tons of carbon dioxide equivalent, or 90,136 pounds
per day . The implementation of the proposed project will therefore increase GHG
emissions, which is inconsistent with the requirements of SB32, to reduce GHG
emissions to 1990 levels. The impacts of build out of the proposed project on GHG
emissions will therefore be significant, even with the implementation of mitigation
measures.
The following mitigation measures are included in the EIR, and will reduce the impacts
to air quality to the extent possible.
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1. Grading and development permits shall be reviewed and conditioned to require
the provision of all reasonably available methods and technologies to assure the
minimal emissions of pollutants from the development, including proper vehicle
maintenance and site watering schedules.
2. The City shall coordinate with the project developers to encourage the phasing
and staging of development to assure the lowest construction-related pollutant
emission levels practical. As part of the grading permit process, the applicant
shall concurrently submit a dust control plan as required by SCAQMD in
compliance with Rule 403.
3. In response to requirements of SCAQMD to monitor air quality impacts
associated with fugitive dust from site disturbance and grading activities,
all construction activities within the project boundary shall be subject to
Rule 401 Visible Emissions, Rule 402 Nuisance, and Rule 403 Fugitive
Dust'.
4. To reduce PM,o emissions, the developer shall implement the following the
greatest extent practicable:
• chemically treat soil at construction sites where activity will cease
for at least four consecutive days;
• pave on-site construction access roads as they are developed;
extend paving at least 120 feet from roadway into construction
site and clean roadways at the end of each working day;
• restore vegetative ground cover as soon as construction
activities have been completed;
• chemically treat unpaved roads that carry 20 vehicle trips per day
or more;
• plant tree windbreaks utilizing non-invasive species on the
windward perimeter of construction projects, where feasible;
• all construction grading operations and earth moving operations
shall cease when winds exceed 30 miles per hour;
• prior to turf raking, implement effective PM10 control programs for
turf over-seeding as outlined in the CV-SIP;
• water site and equipment morning and evening and during all
earth-moving operations;
• spread soil binders on site, unpaved roads, and parking areas;
• operate street-sweepers on paved roads adjacent to site;
• re-establish ground cover on construction site through seeding
and watering or other appropriate means; and
• pave construction access roads, as appropriate.
"Final 2003 Coachella Valley PM10 State Implementation Plan," prepared by the South Coast Air Quality
Management District,August I,2003.
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5. To minimize construction equipment emissions, the developer and
contractors shall implement the following:
• wash off trucks leaving the site;
• require trucks to maintain two feet of freeboard;
• properly tune and maintain construction equipment; and
• use low sulfur fuel for construction equipment.
6. To reduce construction-related traffic congestion, the developer and
contractors shall implement the following:
• configure construction parking to minimize traffic interference;
• provide a flag person to ensure safety at construction sites, as
necessary; and
• schedule operations affecting roadways for off-peak hours, as
practical.
7. To minimize indirect source emissions, the developer shall:
• install low-polluting and high-efficiency appliances;
• install energy-efficient street lighting; and
• landscape with native and other appropriate drought-resistant
species to reduce water consumption and to provide passive
solar benefits.
8. To minimize building energy requirements, the developer may also
implement the following:
• assure the thermal integrity of buildings and reduce the thermal
load with automated time clocks or occupant sensors;
• use efficient window glazing, wall insulation and ventilation
methods;
• introduce efficient heating and other appliances, such as water
heaters, cooking equipment, refrigerators, furnaces and boiler
units;
• incorporate appropriate passive solar design, including solar
heaters, and solar water heaters, to the greatest extent feasible;
• use devices that minimize the combustion of fossil fuels; and
• capture waste heat and re-employ this heat, where feasible.
9. Architecture and construction activities and materials shall utilize green buildings
and alignment principles, as appropriate, including standards as defined in the
Leadership in Energy and Environmental Design (LEER) Green Building
standards for municipal buildings to the greatest extent possible. The use of solar
panels is encouraged.
Since the preparation of the EIR, the City has modified the Specific Plan to reduce
residential density from 955 to 300 units, and commercial square footage from 400,000
to 300,000 square feet. This reduction may reduce the impacts associated with
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operational emissions to a greater extent than was analyzed in the EIR. The
construction activity, however, will be similar, insofar as the site area will be
substantially the same as that studied in the EIR, and the GHG emissions will remain
higher than 1990 levels.
Findirim
1. The City of Palm Springs hereby finds that impacts from nitrogen oxide,
carbon monoxide and GHG emissions constitute a significant unavoidable
impact to air quality. Even with the implementation of mitigation measures, air
quality impacts associated with carbon monoxide, nitrogen oxides will exceed
SCAQMD thresholds; and GHG emissions will be greater than those on the
project site in 1990. All reasonable and feasible mitigation measures that can
substantially reduce impacts have been included in the EIR. No other feasible
mitigation measures are available to further reduce emissions. The City of
Palm Springs finds that the remaining unavoidable significant effects are
acceptable based on the inclusion of mitigation, the overall inability to mitigate
the impacts despite inclusion of mitigation, the benefits associated with the
proposed project, objectives established for the proposed project, and specific
overriding considerations described in the Statement of Overriding
Considerations.
Cultural Resources Impacts
The Specific Plan proposes the demolition of the Town and Country Center. In 2004,
the building was determined eligible for listing in the National Register of Historic Places
and the California Register of Historical Resources, with a local level of significance.
The Town and Country Center meets the CEQA criteria "c" for listing, and can be
considered a significant resource. The Center meets the definition of a historic resource
as put forward in CEQA. Demolition of the Center would therefore be a significant
impact. The EIR includes mitigation measures to preserve a record of the buildings
according to federal standards, and to include displays within the proposed project
which would commemorate the Center. However, as the Center has been determined a
historically significant structure under CEQA, its demolition will result in an unavoidable
significant impact which cannot be fully mitigated.
The following mitigation measures are included in the EIR, and will reduce the impacts
to historic resources to the extent possible.
1. On-site commemorative signs or displays recognizing the historic value of the
two previously occurring historic sites to the west of Palm Canyon Drive shall be
incorporated into the proposed project.
2. A comprehensive documentation program shall be completed for the Town and
Country Center prior to any building altering activities on the property. The
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documentation shall be consistent with Historic American Building Survey
(HABS) procedures, and shall include detailed architectural description,
photographic records, scaled mapping and completion of a historic record of the
property. The resulting records shall be curated at the City of Palm Springs and
the Eastern Information Center.
Commemorative signage and displays shall be incorporated into the proposed
project.
The following mitigation measure is added to ensure that the Town and Country Center
is not demolished until such time as construction of commercial retail improvements and
the benefits anticipated from such development are reasonably assured,
1. No permit for the demolition or substantial alteration of any portion of the Town
and Country Center will be issued until (a) all discretionary entitlements
consistent with the Specific Plan have been approved for the renovation or
redevelopment of the existing Desert Fashion Plaza; (b) building permits in
furtherance of such renovation or redevelopment have been issued; and (c)
substantial work consistent with such building permits have commenced on the
existing Desert Fashion Plaza.
Since the preparation of the EIR, the City has modified the Specific Plan to consider the
demolition of the Town and Country Center based on the quality and value of projects
which may be proposed for the site in the future. Should the Center remain, the impacts
associated with its demolition would be eliminated. However, since the demolition of the
Center is not precluded, potential impacts associated with the Town and Country Center
remain significant and unavoidable.
Findings:
1. The City of Palm Springs hereby finds that the proposed project will result in
significant and unavoidable impacts to historic resources. No feasible
mitigation measures are available to mitigate this impact, insofar as
demolition of the Town and Country Center will eliminate a CEQA qualified
historic structure. The City of Palm Springs finds that these unavoidable
significant impacts are acceptable based on the overall inability to mitigate the
impacts despite inclusion of mitigation, the benefits associated with the
proposed project, objectives established for the proposed project, and specific
overriding considerations described in the Statement of Overriding
Considerations.
F. FINDINGS REGARDING ALTERNATIVES
The Environmental Impact Report considered alternatives to the proposed project
which would reduce impacts of the proposed project, while still meeting some or most of
the project objectives, as described in Section A. As required by CEQA, these
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alternatives constituted a reasonable range of potential options necessary to permit a
reasoned choice. The alternatives were the No Project Alternative, the Preservation of
the Town and Country Center Alternative, Less Intense Alternative A, and Less Intense
Alternative B. The EIR identified the No Project Alternative as "environmentally superior"
to the Preferred Alternative. Therefore, as set forth in Section 15093 of the State CEQA
Guidelines, a Statement of Overriding Considerations has been prepared to
substantiate the City's decision to reject the project alternatives because of the balance
of impacts to benefits afforded by the proposed project.
A. No Project Alternative
1. Description of Alternative: Under this alternative, the Desert Fashion Plaza would
be refurbished and would reopen in its current configuration. The alternative
would also maintain the Town & Country Center and adjacent buildings, and
maintain the parking lot at Mercado Plaza. The only construction to occur would
be the build out of the southwest corner of Cahuilla Road and Tahquitz Canyon
Way (Block L) with 45 hotel rooms, as could be allowed under the General Plan
and Zoning Ordinance. No change would occur in the Mercado parking lot. The
build out of this alternative would result in.
a. Desert Fashion Plaza: 41,600 square feet of restaurant space
288,400 square feet of retail commercial space
b. Town & Country Center: 15,000 square feet of restaurant space
33,600 square feet of retail commercial space
2,350 square feet of office space
c. Tahquitz Canyon/Cahuilla: 45 hotel rooms
2. Comparison of Effects:
Aesthetics and Visual Resources: This alternative will potentially have less
impact on the visual resources of the area than the proposed project, with the
exception of the vista from Cahuilla Road to the northwest. The No Project
Alternative would preserve the existing built form and maintain the view corridors
and vistas that presently characterize Downtown Palm Springs. In accordance
with the General Plan and Zoning Ordinance, this alternative would allow
construction of one new hotel on a vacant site at the corner of Cahuilla Road and
Tahquitz Canyon Way.
Air Quality. Build out of the No Project Alternative will result in the daily
exceedance of carbon monoxide, nitrogen dioxide, and ROG thresholds. All other
criteria pollutants are estimated to be less than the established thresholds. This
alternative would therefore result in ROG impacts which would not occur with the
proposed project. At build out of the No Project Alternative the annual
greenhouse gas emissions are projected to be an estimated 32,267 metric tons
of carbon dioxide, which is approximately 20% less than the emissions projected
for the Proposed Project alternative.
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Cultural Resources: The No Project Alternative would result in reuse of the Town
and Country Center, which would therefore have less impact on historic
resources than the proposed project, which results in the demolition of the Town
and Country Center.
Geology and Soils: This alternative would result in no residential units and only
about 7 percent of the hotel rooms proposed in the proposed project. The
potential impact to people and structures from a significant geotechnical event,
therefore, would be reduced as compared to the proposed project.
Hazardous and Toxic Materials: The No Project Alternative has the least
hazardous materials impacts of all the alternatives, since it plans for no
residential units and only about 7% of the hotel rooms when compared to the
proposed project. This alternative reduces total square footage by approximately
80% of the total square footage planned for the proposed project, thereby
reducing the areas where hazardous materials could be stored.
Hydrology: The No Project Alternative results in the requirement of fewer
improvements for both on-site stormwater facilities and the amount of overall
improvements that may be susceptible to flooding. Because of the reduced
scope of this alternative, existing improvements are expected to be relatively
capable of ensuring adequate control of stormwater runoff from the project site
into the storm drain system.
Water quality and Resources: Water demand for the No Project Alternative
would be approximately 24 acre-feet per year or 0.02 mgd. Water demand for the
No Project Alternative represents 12% of the estimated water demand for the
proposed project. Thus, the No Project Alternative would require less water
compared to the proposed project.
Land Use and Planning: This alternative would not require the preparation or
adoption of a Specific Plan, as existing structures, whether conforming to current
City Zoning standards or not, would be allowed to remain. This alternative would
be consistent with the General Plan and Zoning land use designations currently
applied to the properties within the project area. This alternative, however, would
not implement most of the goals and strategies of the Downtown Urban Design
Plan (DUDP) pertaining to downtown revitalization. This alternative, however,
could result in the re-use of the Town and Country Center, which is not a goal of
the Plan. The Town and Country Center presents significant economic
challenges for re-use in that it does not meet the general market requirements for
retail buildings and it is not effectively integrated into the rest of downtown (1). In
addition, the Town and Country likely contains significant hazardous materials
that will require remediation as part of any renovation or re-use plan (2). Lastly, it
is not anticipated that rental rates will be sufficient to cover the costs of
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renovation (3). The No Project Alternative, therefore, could be incompatible with
the Downtown Urban Design Plan.
Noise: Potential construction noise impacts resulting from the limited new
development under this alternative would be considerably less than those
generated by the proposed project, because of the significant reduction in
construction activity. In 2030, ambient traffic noise levels would be marginally
lower, and range from a low of 45.0 CNEL to a high of 75.6 CNEL, in comparison
to those of the proposed project, which range from a low of 45.0 CNEL to a high
of 75.7 CNEL.
Population and Housing: There would be no growth in housing units under this
alternative, as no residential units would be created. This alternative would
generate new jobs in the City, but to a lesser degree than the Proposed Project,
since the intensity and type of development would be reduced.
Public Services and Facilities: This alternative will draw fewer people into the
project area and result in little increased demand for Fire Protection Services. In
consequence, impacts generated by the No Project Alternative will be less than
significant, when compared to those of the proposed project, and will not require
mitigation.
This alternative does not significantly increase existing levels of development,
and will therefore result in little increased demand for Police Protection Services.
In consequence, impacts generated by the No Project Alternative will be less
than significant, and will not require mitigation.
The No Project Alternative would not have any impact on the City's schools, as
no new residents would be introduced to the project site.
Recreational Resources: The No Project Alternative would not require additional
parks or recreation because of the lack of residential uses in the area, but it
would also not provide the central plaza proposed in the Downtown Urban
Design Plan (DUDP).
Transportation and Traffic: This alternative would preserve the existing roadway
network, while allowing new development to occur on one vacant portion of the
project site located at the southwest corner of Cahuilla Road and Tahquitz
Canyon Way. This alternative would not include an east-west connection from
Indian Canyon to the Museum. Potential traffic impacts will be equivalent to
those associated with existing development assumed to be in a fully occupied
state, but would be reduced when compared to the proposed project.
Utilities and Service Systems: The No Project Alternative will generate approximately
one half of the total solid waste that will be generated by the proposed project. This
alternative will result in the generation of 79,367 gallons of wastewater per day,
representing the lowest generation rates of any of the alternatives.
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Economics: Under this alternative, the project area would generate $928,782 in
revenues to the City's General and Restricted funds, and $1.5 million to the City
and RDA. This alternative's low cash flow is associated with the lack of residents
at the project site, and the low generation of transient occupancy tax revenue.
3. Findings: The City of Palm Springs compared the relative impacts and
benefits of the proposed project and the No Project Alternative and did not
select this Alternative. However, monitored mitigation measures and
features incorporated into the proposed project, as described in Section C
of these Findings, will substantially reduce the environmental effects of the
proposed project.
4. Facts: The objectives of the project, as well the policies and programs of the
General Plan, and the goals of the Downtown Urban Design Plan would not be
implemented with this alternative, including without limitation failure to achieve
the connectivity goals of the Project to connect the Museum to Indian Canyon
and Section 14 (4). This alternative perpetuates the existing vehicular and
pedestrian traffic flow that has proven to be ineffective in providing access to the
Desert Fashion Plaza and has contributed to its inability to be reasonably
marketed (5). Although this alternative would reduce impacts to a greater degree
than the other alternatives, the benefits of this alternative would not be
comparable. This alternative would not generate the levels of employment of the
other alternatives, and would not reintroduce residential units into the Downtown.
Notes:(1) Reports of Michael Scacella (Capital Realty Analysts), Frank Schroeder
(D.W. Johnston Construction, Inc., and Michael Kassinger (Coldwell Banker)
submitted to Council for hearing on historical designation of Town and
Country on June 24, 2009.
(2) Draft EIR, Page V-17
(3) Reports of Michael Scacella (Capital Realty Analysts), Frank Schroeder
(D.W. Johnston Construction, Inc., and Michael Kassinger (Coldwell
Banker) submitted to Council for hearing on historical designation of
Town and Country on June 24, 2009.
(4) Draft EIR, Page V-57; Testimony of Emily Hemphill to City Council on
November 18, 2009.
(5) Testimony of Emily Hemphill to City Council on November 18, 2009.
B. Preservation of the Town and Country Center Alternative
1. Description of Alternative: Under this alternative, all new development between
Palm Canyon and Indian Canyon Drives would be eliminated. The Town &
Country Center would be rehabilitated, with the exception of Building C, which
would be eliminated. The total land use allocation would be as follows:
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a. Desert Fashion Plaza Site: 900 high density residential units
380,000 square feet of retail commercial space
365 hotel rooms
b. Town & Country Center: 15,000 square feet of restaurant space
17,000 square feet of retail commercial space
2,350 square feet of office space
c. Tahquitz Canyon/Cahuilla: 15,000 square feet of retail commercial space
55 hotel rooms
d. Mercado Parking Lot: Parking Structure
2. Comparison of Effects-
Aesthetics and Visual Resources: This alternative generally corresponds to the
proposed project in terms of the redevelopment of lands on the west side of
North Palm Canyon Drive. However, it would preserve and adaptively re-use the
Town and Country Center. The potential for impeded views and increased light
and glare resulting from this alternative will correspond to those of the proposed
project. This alternative will also introduce similar numbers of sensitive receptors
to the project area. However, by preserving and rehabilitating the Town and
Country Center, this alternative would result in a superior alternative for the
visual character of that Center.
Air Quality: The Preservation of the Town and County Center Alternative will
result in three of the criteria pollutants exceeding the SCAQMD threshold of
significance. Carbon monoxide, nitrogen oxides, and reactive organic gases daily
emissions will be greater than the established thresholds, which would result in
significant and unavoidable impacts, comparable to the impacts associated with
the proposed project. The Preservation of the Town and Country Center
Alternative would emit slightly greater quantities of greenhouse gases compared
to the proposed project. This is primarily due to vehicular emissions associated
with this alternative.
Cultural Resources: The redevelopment of the Town and Country Center would
preserve and restore its architectural and historic character, as the buildings
would be restored to their original appearance. This alternative would, however,
result in the demolition of the southern building, formerly the Bank of America,
and would therefore have some impact on historic resources, although to a
lesser degree than the proposed project.
Geology and Soils: Impacts under this alternative will be similar to the proposed
project in terms of the planned number of high density residential units and
commercial development. Its planned 365 hotel rooms are fewer by about 40%
compared to the proposed project. The magnitude of the impact of a large
earthquake on the site could be similarly high in terms of injury and property
damage, compared to the proposed project. Under this alternative, the Town and
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Country Center would be seismically retrofitted, and would therefore not pose
any greater risk than newer buildings on the site..
Hazardous and Toxic Materials: Renovation of the Town and Country Center
would require abatement of asbestos and lead materials, to a similar degree as
demolition would under the proposed project. Hazardous materials and waste
impacts will be similar to those of the proposed project, since the residential and
commercial intensities will be very similar to the proposed project.
Hydrology: This alternative includes substantial development of residential and
hotel units, which has the potential to put a greater number of people and
structures at risk in the event of a flood event. Compliance with specific design
criteria for retention basins and storm drain facilities, and the direct discharge of
runoff would result in less-than-significant impacts, as would the proposed
project.
Water Quality and Resources: The Town and Country Alternative would generate
domestic water demand of 186.5 acre-feet per year, a reduction of less than 4%
when compared to the proposed project. This alternative would have similar
impacts to water resources as compared to the proposed project. Impacts are
expected to be individually insignificant, but will contribute to the cumulative
overdraft conditions.
Land Use and Planning: The impacts associated with land use and planning
under the Preservation of the Town and Country Center Alternative would be
reduced under this alternative. This alternative implements the land use
designations assigned to the properties under the General Plan and Zoning
Ordinance. It is also compatible with the DUDP, insofar as it brings residential
development to the Downtown Core, improves the retail commercial
environment, and preserves and re-uses historic structures. The Town and
Country Center presents significant economic challenges for re-use in that it
does not meet the general market requirements for retail buildings and it is not
effectively integrated into the rest of downtown (1). In addition, the Town and
Country likely contains significant hazardous materials that will require
remediation as part of any renovation or re-use plan (2). Lastly, it is not
anticipated that rental rates will be sufficient to cover the costs of renovation (3).
This alternative also implements a pedestrian, but not a vehicular connection to
Section 14 and the Convention Center.
Noise: This alternative results in less demolition, less reconstruction and a
somewhat less intensive level of development than the Proposed Project. In
2030, ambient traffic noise levels would range from a low of 45.0 CNPL to a high
of 75.7 CNEL, equivalent to those of the proposed project.
Population and Housing: This alternative would result in the same number of
potential residential units, so population growth would be equivalent to the
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proposed project. This alternative would also allow persons employed within the
project to live within the project. The Town and Country Center, which would be
refurbished and re-used for retail and office commercial development, would
generate new employment, as would development on the balance of the site.
Public Services and Facilities. Although levels of demand for the services of the
Palm Springs Fire Department will increase in proportion to the intensity of the
new development, the impacts generated by this alternative are expected to be
somewhat less than those of the Proposed Project.
This alternative draws somewhat fewer people into the project area, because of
the reduced development at the Town and Country Center. The impacts
generated by this alternative are expected to be somewhat lower than those of
the proposed project, but would require mitigation to reduce them to less than
significant levels.
This alternative introduces residential uses to the area and will result in a level of
residential development similar to that of the proposed project. In consequence,
the school impacts resulting from this alternative are expected to be equivalent to
those of the proposed project.
Recreational Resources: The potential impact on recreational facilities resulting
from this alternative would be similar to the proposed project, and this alternative
would include the common recreational amenities required of the proposed
project, and implement the central plaza envisioned in the DUDP, while
preserving the Town and Country Center.
Transportation and Traffic: Circulation and level of development are generally
equivalent to the proposed project. However, this alternative does not provide
vehicular connection between Palm Canyon Drive and Indian Canyon Drive.
There would also be no change to Andreas Road. This alternative will generate
traffic impacts slightly higher than the proposed project.
Utilities and Service Systems: This alternative is estimated to generate 3,001
tons of solid waste annually, a 3% increase over the proposed project. This
alternative will generate approximately 166,496 gallons per day of wastewater, or
4% less than the proposed project.
Economics: This alternative will result in both residential and commercial
development. The City's General Fund and Restricted funds would see an
annual cash flow at build out of$939,219, without onetime fees; and a total cash
flow to the City and RDA of $4.3 million, without one-time fees.
3. Findings — The City of Palm Springs compared the relative impacts and benefits
of the proposed project and the Preservation of the Town and Country Center
Alternative, and did not select this Alternative. Nonetheless, the environmental
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effects of the proposed project will be substantially reduced by the monitored
mitigation measures and features incorporated into the proposed project, as
described in Section C of these Findings.
4. Facts — As outlined above, and confirmed in the EIR, the Preservation of the
Town and Country Center Alternative does not fully meet the project objectives,,
including without limitation failure to achieve the connectivity goals of the Project
to connect the Museum to Indian Canyon and Section 14 (4). This alternative
perpetuates the existing vehicular and pedestrian traffic flow that has proven to
be ineffective in providing access to the Desert Fashion Plaza and has
contributed to its inability to be reasonably marketed (5). In addition, the
alternative does not meet many of the benefits associated with the proposed
project, as outlined in these Findings. For these reasons, the Preservation of the
Town and Country Center Alternative was rejected.
Notes:(1) Reports of Michael Scacella (Capital Realty Analysts), Frank Schroeder
(D.W. Johnston Construction, Inc., and Michael Kassinger (Coldwell Banker)
submitted to Council for hearing on historical designation of Town and
Country on June 24, 2009.
(2) Draft FIR, Page V 17
(3) Reports of Michael Scacella (Capital Realty Analysts), Frank Schroeder
(D.W. Johnston Construction, Inc., and Michael Kassinger (Coldwell
Banker) submitted to Council for hearing on historical designation of
Town and Country on June 24, 2009.
(4) Draft FIR, Page V-57: Testimony of Emily Hemphill to City Council on
November 18, 2009.
(5) Testimony of Emily Hemphill to City Council on November 18, 2009.
C, Less Intense Alternative A
1. Description of Alternative_ Under this alternative, a central park consisting of
approximately 55,000 square feet would occur in the center of what is now
Desert Fashion Plaza. Museum Way would not be extended from the Desert Art
Museum to Indian Canyon Drive. Belardo would be extended through the site,
but would be curvilinear rather than rectilinear. The northern portion of the Town
and Country Center would remain, but the Bank of America building and
buildings immediately south and east of the Bank of America building would be
replaced with retail commercial development and pedestrian access. Building
heights would extend to 57 feet along Museum Drive (west side of project) and
Tahquitz Canyon Way, west of Belardo Road. Building heights on Palm Canyon
Drive would range from 17 to 34 feet. Building height adjacent to the existing
Hyatt hotel would be 34 feet, for a cinema. This alternative would result in the
following development:
a. Retail Shops 144,000 square feet
b. Office 40,000
c. Supermarket 42,500 square feet
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d. Cinema 68,000 square feet
e. High Density Residential 120 units
2. Comparison of Effects:
Aesthetics and Visual Resources: Tallest buildings are located in the western
parts of the site and do not exceed 57 feet in height. Structures fronting Palm
Canyon Drive would range from 17 to 34 feet in height, and a park would be
provided in the center of the development. This alternative would preserve the
Town and Country Center, and provide pedestrian access through that portion of
the site to Indian Canyon Drive. Levels of light and glare resulting from Less
Intensive Alternative A would be proportionate to the level of development and
therefore have a somewhat lesser impact than those resulting from the Proposed
Project. The view corridor created by the new street would not occur. Under this
alternative, the view from Indian Canyon Drive would remain as it currently
occurs, with the ridges of the San Jacinto range visible above the Town and
Country Center structure.
Air Quality: Under this alternative, carbon monoxide, nitrogen oxides, and
reactive organic gases emissions exceed SCAQMD thresholds. Comparatively,
the proposed project also exceeds these three established thresholds of
significance for criteria pollutants. Therefore, Less Intense Alternative A would
have similar impacts to air quality compared to the proposed project, and would
result in significant and unavoidable impacts. This alternative represents
approximately 25% less greenhouse gas emissions at build out than the
proposed project.
Cultural Resources: Under this alternative, the buildings in the Town and Country
Center will not be rehabilitated and actively incorporated in to the project. This
alternative would therefore not have the beneficial impact of restoration of the
structures in the Center associated with the Preservation of the Town and
Country Center alternative. This alternative has less impact on cultural resources
than the proposed project, which results in demolition of the Town and Country
Center.
Geology and Soils: Under the Less Intense Alternative A, there would be no
hotel, an 87% reduction in high density residential units, and about 25% less
commercial square footage, which will result in less population and fewer
structures on-site than the proposed project. Therefore, geotechnical and seismic
impacts will affect this alternative to a lesser degree than the proposed project.
Hazardous and Toxic Materials: This alternative would preserve the Town and
Country Center, but without renovation, which would result in potential hazardous
materials remaining in place on the site. Under this alternative, additional
mitigation would be required to abate lead and asbestos risks within the Town
and Country Center. The residential land uses planned for this alternative are
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87% less than those planned for the proposed project, and 26% less commercial
space than that of the proposed project. Therefore, hazardous material impacts
will affect the Less Intense Alternative A to a lesser degree than those of the
proposed project.
Hydrology: Less Intense Alternative A would allow for slightly greater landscaped
areas and impervious surfaces on the project site when compared to the
proposed project. As with each of the alternatives, this alternative would install
new storm drain facilities and incorporate existing regulations. This alternative
would have less-than-significant hydrology impacts.
Water Quality and Resources. This alternative would decrease water demand by
2 acre-feet per year. This alternative represents the lowest water demand of all
alternatives.
Land Use and Planning. Under this alternative, land uses would be consistent
with the General Plan and Zoning Ordinance, and development standards would
likely be consistent as well, eliminating the need for a Specific Plan. This
alternative would be more consistent with the General Plan, insofar as height
limits would not be exceeded, a public plaza would be provided, and a
pedestrian, but not a vehicular connection would be provided to Section 14. This
alternative would not be consistent with the adaptive reuse of the Town and
Country Center, insofar as it would remain in its current condition. The alternative
would also bring mixed-use residential development into the Downtown Core, to
a lesser degree than the proposed project.
Noise: Potential traffic noise impacts resulting from Less Intense Alternative A in
2030 would range from a low of 52.5 CNEL to a high of 75.5 CNEL, in
comparison to those of the proposed project, which range from a low of 45.0
CNEL to a high of 75.7 CNEL.
Population and Housing: Less Intense Alternative A would accommodate 12.6°%
of the residential units planned for the proposed project, and would not provide
housing for employees within the project. This alternative would also generate
44% of the total jobs provided under the proposed project. This alternative would
therefore result in the smallest job creation of all the alternatives.
Public Services and Facilities: Although levels of demand for the services of the
Palm Springs Fire Department will increase in proportion to the intensity of the
new development proposed under this alternative, the impacts generated by this
alternative are expected to be somewhat less than those of the proposed project.
Under this alternative, a considerably less intensive level of overall development
will draw fewer people into the project area. Although levels of demand for the
services of the Palm Springs Police Department may increase slightly as a result
of the new development, the impacts generated by this alternative are expected
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to be considerably less than those of the proposed project. This alternative may
not require mitigation measures, as impacts may remain less than significant.
The school impacts resulting from this alternative are expected to be
considerably less than those resulting from the proposed project, with a total
student generation of only 33 students.
Recreational Resources: This alternative will result in fewer residents in the
project area, and provide somewhat more recreational open space. The potential
impact on of this alternative on recreational resources will therefore be less than
that of the proposed project.
Transportation and Traffic. This alternative proposes a circulation pattern and a
level of development that differ considerably from those of the proposed project.
Implementation of Less Intense Alternative A will draw fewer people into the
project area and the potential traffic impacts will therefore be less than those of
the proposed project.
Utilities and Service Systems: Less Intense Alternative A will generate an
estimated total solid waste of 1,487 tons annually, a 49% decrease compared to
the proposed project. Less Intense Alternative A will result in the generation of
56,165 gallons per day of wastewater, or 68% less effluent generation than the
proposed project.
Economics: Under this alternative, the City's General Fund and Restricted funds
would see an annual cash flow at build out of $566,313, without one-time fees;
and a total cash flow to the City and RDA of $1.3 million, without one-time fees.
The relative low cash flow in this alternative is due to the limited amount of
development, and the lack of hotel rooms, eliminating transient occupancy tax
revenues.
3. Findings — As discussed above, and confirmed in the EIR, the City of Palm
Springs compared the relative impacts and benefits of the proposed
project and Less Intense Alternative A, and did not select this Alternative.
The Preferred Alternative, as described in Section C of these Findings,
incorporates monitored mitigation measures and other features that will
substantially reduce the environmental effects of the proposed project.
4. Facts —Less Intense Alternative A does not fully meet the project objectives of
the proposed project, the General flan, or the Downtown Urban Design Plan,
including without limitation its failure to provide the level of commercial and/or
residential uses that would assure the success of the Proejct or adequately
encourage a pedestrian lifestyle. This alternative also does not meet many of the
benefits associated with the proposed project, as outlined in Section A of these
Findings. Therefore, the City rejected Less Intense Alternative A.
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D. Less Intense Alternative B
1. Description of Alternative: Under this alternative, the intensities of development
within the project area would be reduced, but the areas to be redeveloped would
be consistent with the Proposed Project, and the Town and Country Center
would not be preserved. This alternative would construct Museum Way from the
Desert Art Museum to Indian Canyon Drive, and extend Belardo Road through
the project site in a rectilinear fashion. Under this alternative, building heights
would not exceed 68 feet, and the project-wide building height average would
remain 60 feet. The Plaza located in the center of the project would remain, and
would still be constructed with two restaurants. The Mercado parking lot would be
occupied by a parking structure under this alternative. This alternative would
result in the following development:
a. 300,000 square feet of retail commercial space
b. 255 hotel rooms
c. 765 dwelling units
This alternative is the closest in intensity to the changes which have been
integrated into the Specific Plan. The impacts associated with these changes will
not be equivalent to the proposed project, however, because the type of
residential and hotel development proposed varies from the amended Specific
Plan, which does provide specific limits on density and intensity of uses„ as well
as the elimination of Blocks J & L.
2. Comparison of Effects:
Aesthetics and Visual Resources: This alternative proposes building heights at a
maximum of 68 feet, and reduced land use intensities. The potential for impeded
views and increased light and glare resulting from this alternative will be
generally consistent with those of the proposed project. Somewhat fewer
numbers of sensitive receptors will be introduced to the project area. This
alternative also proposes the demolition of the Town and Country Center. The
impacts on visual resources resulting from this alternative are expected to be
similar to those of the proposed project, and will result in significant and
unavoidable aesthetic impacts.
Air Quality: Build out of Less Intense Alternative B would result in the same three
criteria pollutants expected to be exceeded in the proposed project: carbon
monoxide, nitrogen oxides, and reactive organic gases. Air quality emissions for
this alternative would be slightly less compared to the proposed project, but
would still result in significant and unavoidable impacts. Less Intense Alternative
B would have annual carbon dioxide equivalent emissions of 33,065 metric tons
per year, or 199,715 pounds per day. Emissions of greenhouse gases for this
alternative represent approximately 80% of the expected emissions, or a 20%
reduction in emissions over the proposed project as evaluated in the EIR.
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Cultural Resources: This alternative proposes a pattern of development similar to
that of the Proposed Project, but with lower densities, which will result in
equivalent impacts to those of the proposed project, since the Town and Country
Center would be removed. The Lykens Building will also be impacted in a
manner similar to the proposed project. Impacts associated with cultural
resources would be significant and unavoidable.
Geology and Soils: Less Intense Alternative B has 20% fewer high-density
residential units, about 60% fewer hotel rooms, and approximately 25% less
commercial space than the proposed project. This alternative would expose
slightly fewer individuals and structures to potential earthquake hazards
compared to the Proposed Project.
Hazardous and Toxic Materials: Impacts associated with hazardous materials
removal would be equivalent to those of the proposed project under this
alternative, because both the Desert Fashion Plaza and the Town and Country
Center would be demolished. Less Intense Alternative B includes 80% of the
high-density residential units, approximately 40% of the hotel rooms, and 75% of
the total commercial space planned for the proposed project. The hazardous
waste impacts of this alternative would therefore be comparable to those of the
proposed project.
Hydrology: Less Intense Alternative B includes substantial development of
residential and hotel units, which has the potential to put a greater number of
people and structures at risk in the event of a flood event. Compliance with
specific design criteria for retention basins, storm drains and the direct discharge
of runoff would result in less-than-significant impacts, consistent with the
proposed project.
Water Quality and Resources: This alternative would generate an estimated net
water demand of 122 acre-feet per year, which is approximately 63% of the
estimated water demand for the proposed project. Impacts are expected to be
individually insignificant, but will contribute to the cumulative overdraft conditions
that currently exist.
Land Use and Planning: Under this alternative, land use and planning impacts
would be reduced when compared to the Proposed Project, but would be greater
than the impacts associated with Less Intense Alternative A. This alternative
would be consistent with the General Plan and Zoning Ordinance in terms of land
uses allowed in the project area, This alternative would still require a Specific
Plan, to address building height. The Town and Country Center would be
demolished, which is not consistent with the concepts of the DUDP. The
alternative would bring mixed use residential land uses in the Downtown Core,
and would create the pedestrian and vehicular connection, and mid-block view
corridor included in the DUDP.
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Noise: Potential traffic noise impacts resulting from Less Intense Alternative B
would range from a low of 45.0 CNEL to a high of 75.6 CNEL, in comparison to
those of the Proposed Project, which range from a low of 46.0 CNEL to a high of
75.7 CNEL. The overall numbers of people drawn into the area under this
alternative will generally correspond to the numbers under the proposed project
and operational noise impacts are also expected to be similar.
Population and Housing: Under this alternative, housing would generate 79%
(1,598 persons) of the population growth expected for the proposed project. This
alternative would allow those employed within the project area to live within the
project area. Under this alternative 1,383 jobs, or 60% of the jobs resulting from
the proposed project would be created. The reduction is primarily due to the
significant decrease in hotel rooms, which are a relatively large employment
generator.
Public Services and Facilities: The overall numbers of people drawn into the area
under this alternative will be generally equivalent to the numbers generated by
the proposed project and levels of demand for the services of the Palm Springs
Fire Department will increase. The impacts on Fire Protection Services
generated by Less Intense Alternative B are expected to be similar to those
resulting from the Proposed Project, and will require mitigation.
Levels of demand for the services of the Palm Springs Police Department will
increase in proportion to the intensity of the new development. The impacts on
Police Protection Services generated by Less Intense Alternative B are expected
to be similar to those resulting from the proposed project, and would require
mitigation
This alternative would result in a student population of 214, slightly less than that
generated by the proposed project.
Recreational Resources: This alternative proposes a pattern and level of
development similar to that of the proposed project, and impacts on recreational
resources are expected to be similar.
Transportation and Traffic: This alternative proposes a similar mix of uses to
those of the proposed project and introduces residential development to the
project area. The proposed pattern and intensity of development in Less Intense
Alternative B is similar to the Proposed Project, although the total square footage
of commercial development is greater and the number of residential units is less.
The overall numbers of people drawn into the area under this alternative will
generally be less than those under the proposed project and traffic impacts would
be slightly lower.
Utilities and Service Systems: Less Intense Alternative B is estimated to
generate a total of 2,247 tons of solid waste annually, a 23% decrease from the
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proposed project. Less Intense Alternative B will generate about 167,126 gallons
of wastewater per day, which is 4% less than the proposed project's daily
wastewater generation.
Economics: Under this alternative, the City's General Fund and Restricted funds
would see an annual cash flow at build out of $379,772, without one-time fees,
and a total cash flow to the City and RDA of just under $3.1 million, without one-
time fees. The differences associated with this alternative are due primarily to the
lower number of hotel rooms, which significantly reduce transient occupancy tax.
3. Findings —As discussed above, and confirmed in the EIR, the City of Palm
Springs compared the relative impacts and benefits of the proposed
project and the Less Intense Alternative B, and did not select this
Alternative. The Proposed Project, as described in Section C of these
Findings, incorporates monitored mitigation measures and other features
that will substantially reduce the environmental effects of the proposed
project.
4. Facts —Less Intense Project Alternative B does not fully meet the project
objectives of the proposed project, including without limitation it failure to provide
the level of commercial and/or residential uses that would assure the success of
the Project or adequately encourage a pedestrian lifestyle. This alternative also
does not meet many of the benefits associated with the Proposed Project, as
outlined in these Findings. Therefore, the City rejected Less Intense Project
Alternative B.
E. Environmentally Superior Alternative
The No Project Alternative, which redevelops the site with only limited new development
at the corner of Cahuilla Road and Tahquitz Canyon Way, represents the
environmentally superior alternative. Under this alternative, significant impacts
associated with aesthetics would be eliminated, and impacts to cultural resources,
geology and soils, hydrology and water resources, hazards and hazardous materials,
noise, traffic and public services and utilities would be reduced, because of the lack of
new development.
However, even under this alternative, impacts associated with air quality would remain
significant, and would be unavoidable. This is primarily due to the increased trips which
would occur with refurbishment and re-occupancy of the retail space, which is currently
largely vacant. Finally, under this alternative, annual revenues to the City would be
lower, but costs would also be lowered, because no new residents would be generated
by this alternative, and the primary costs associated with development, general
government and public safety, are associated with residents rather than businesses.
The No Project Alternative fails to address or achieve any of the Project goals, including
without limitation the development of a successful mix of national and regional retail
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chains with local businesses; the creation of a pedestrian and vehicular connection from
Palm Springs Art Museum through Palm Canyon and Indian Canyon Drives; securing a
balance of commercial and residential development that that are synergistically related
to increase the customer base of the commercial uses and encourage a pedestrian
lifestyle.
EXHIBIT "B"
STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the City Council, as the decision-making agency, to balance, as applicable,
the economic, legal, social, technological, or other benefits of the project against its
unavoidable environmental risks when determining whether to approve the project. If the
specific economic, legal, social, technological, or other benefits of the project outweigh
the unavoidable adverse environmental effects, those effects may be considered
"acceptable." [CEQA Guidelines 15093(a).] CEQA requires the City Council to state, in
writing, the specific reasons for considering a project acceptable when significant impacts
are not avoided or substantially lessened. Those reasons must be based on substantial
evidence in the Final EIR or elsewhere in the administrative record [CEQA Guidelines
15093(b)].
In accordance with the requirements of CEQA and the CEQA Guidelines, the City
Council finds that the mitigation measures identified in the Final EIR and the Mitigation
Monitoring and Reporting Program, when implemented, will avoid or substantially
lessen virtually all of the significant effects identified in the EIR for the Museum Market
Plaza Specific Plan. Nevertheless, certain significant impacts of the project are
unavoidable even after incorporation of all feasible mitigation measures. The project
would result in significant and unavoidable impacts to a) scenic vistas and aesthetics, b)
air quality, and c) historic resources. The EIR and Exhibit "A" provides detailed
information regarding these impacts.
The City Council finds that all feasible mitigation measures identified in the EIR within
the purview of the City will be implemented with the project, and that the remaining
significant unavoidable effects are outweighed and are found to be acceptable due to the
following specific overriding economic, legal, social, technological, or other benefits based
upon the facts set forth above, the EIR, and the record, including without limitation the
draft Specific Plan and related documents, as follows:
1. The Project is designed to allow flexibility of design within specific guiding
principles, including:
a. The highest quality development which provides an exciting and safe living,
working, and shopping experience for all.
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b. The creation of a pedestrian and vehicular connection from Palm Springs
Art Museum, through Palm Canyon and Indian Canyon Drives to the
Resort/Convention Center District.
c. The development of retail commercial development which successfully
mixes national and regional chain stores with local businesses,
focused on the major roadways which bound the site, including North Palm
Canyon, Indian Canyon, Tahquitz Canyon, and Belardo.
d. A balance of commercial and residential development which assures the
success of the area by increasing the number of homes in the downtown,
thereby increasing the customer base of the commercial uses
e. The development of residential units which relate synergistically to the
commercial development around them, and encourage a pedestrian
lifestyle with little use for the automobile,
f. The development of additional resort hotels which provide luxury
accommodations and increase the visitors to the City's downtown
protects the quality of life for existing and future residents through goals and
policies designed to achieve a desired vision for the City that
incorporates smart growth principles, concepts of sustainable
development and resource management, and environmental
protection.
2. The Project addresses and is intended to affirmatively implement the
following special design statements and goals:
a. A distinctive and adaptable architectural theme, that incorporates a
new sustainability esthetic that will define future development.
References to prevailing Modernist, Spanish, and Mediterranean
styles may occur. Fundamental principles of the theme will be
consistent throughout, with interesting variation in rooflines,
elevational articulation, detailing, and materials creating a richly
textured built environment.
b. Stepping back of the upper floors of buildings to create graduated
frontages that allow generous view corridors and reduce the visual
dominance of building mass.
c. Definitive corner treatments at primary intersections, achieved by
introducing distinctive architectural features and corner out backs to
buildings. Sidewalks will include projections with special landscaping
and surface finishes and street paving will be distinctive.
d. Active building frontages and lively "multi-purpose" sidewalks,
contributing to a vibrant townscape experience.
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e. Distinctive design treatments of the Plaza and the associated
hierarchy of interlinked, versatile public open spaces, creating a well-
defined sense of place.
f. Connectivity between internal components of the Specific Plan and
the surrounding development, including the Section 14 Master Plan
area, hotels, and Convention Center to the east.
3. The Project guides the City in expanding the local economy, which provides
jobs, attracts and retains businesses, supports diverse and vibrant commercial
areas, recognizes and encourages technological innovations, and generates
sufficient revenue to support various local programs and services.
4. The Project promotes development which accommodates anticipated population
growth and guides physical development towards a desired image that is
consistent with the social, economic, and aesthetic values of the City.
5. The Project provides a guiding framework for the completion of related
planning efforts associated with the City's Community Redevelopment
Agency, including with limitation the "Design for Development" area, which
will allow individual other areas within the downtown and greater downtown
area to provide direction for their future growth and successful economic
development while maintaining their unique characters.
6. The Project supports the policies and goals of the 2007 General Plan and the
Community Redevelopment Agency Merged Area 1 and 2 redevelopment plans,
and assists the City to meet future housing needs for the growth in population,
including affordable housing.
7. The Project improves mobility through development of a more balanced,
multi-modal transportation network, encouraging residential and workplace
development near transit corridors, and supports the goals and policies of
adopted regional transportation plans.
8. The Project provides for public facilities and services needed to serve the existing
and future population and establishes goals and policies to enhance public
safety.
9. The Project allows the City to become a model of sustainable development and
provide for the long-term conservation and management of the rich natural
resources that help to define the City's identity, contribute to its economy, and
improve its quality of life.
10. The Project will bring private investment to an economically challenged area of the City
and help promote revitalization of the area, in keeping with the broad, general goals of the
City's General Plan, the redevelopment plans, and the Project.
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11. The Project, including the construction of Museum Way, an east-west road that
will connect the Palm Springs Art Museum with Indian Canyon Drive, will make
the reuse and/or redevelopment of the substantially vacant and deteriorating
Desert Fashion Plaza regional shopping center feasible, marketable, and
attractive to investors. Museum Way will link the Casino and the Convention
Center with downtown and Museum Market Plaza, creating a dynamic
pedestrian and vehicular flow that will be attractive to potential retailers and
customers alike.
12. The existing Desert Fashion Plaza failed and exists in a substantially vacant
and deteriorating condition in large measure due to the lack of the existence of
an easily accessible east-west road connector and the creation of such a
connection along the general alignment of the proposed Museum Way is
necessary for the economic success of the Project.
13. The Project creates and will promote viable economic investment in an
economically challenged area of the City.
14 The Project incorporates environmentally sound, sustainable planning and design
concepts including: providing housing and retail development with enhanced
walkability and transit accessibility for residents and visitors; emphasizing the use of
alternative transportation; designing future buildings at greater density than existing
in order to more efficiently utilize land resources and preserve open space.
15. The Project will constitute a significant economic benefit to downtown and to the
City of Palm Springs. The Project has a significant beneficial economic impact on
the area's economy. Each dollar spent locally in downtown Palm Springs cycles
through the area economy, generating additional income and employment.
16. The Project, when compared to the other alternatives analyzed in the EIR
(including the No Project Alternative) provides the best available balance
between maximizing attainment of the project objectives and minimizing significant
environmental impacts.
Considering all factors, the City Council finds that there are specific economic, legal,
social, technological and other considerations associated with the project that outweigh
the project's significant unavoidable effects, and the adverse effects are therefore
considered acceptable.
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