HomeMy WebLinkAbout22064 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
APPROVING PLANNED DEVELOPMENT DISTRICT 294,
CASE NO. 5.0996 - PD 294, AND TENTATIVE TRACT MAP
31766 FOR A PROPOSED SUBDIVISION CONSISTING OF
79 SINGLE-FAMILY RESIDENTIAL LOTS ON AN
APPROXIMATELY 42-ACRE SITE, AND THE VACATION
OF THE WESTERLY 23 FEET OF VISTA GRANDE
AVENUE RIGHT OF WAY; FOR THE PROPERTY
LOCATED ALONG WEST RACQUET CLUB ROAD,
SOUTH OF TRAM WAY AND WEST OF VISTA GRANDE
AVENUE, ZONE R-1-A, SECTION 3.
WHEREAS, on February 19, 2004, Wessman Development Company (the applicant) has
filed an application with the City pursuant to Sections 94.03.00 and 94.02.00 of the Zoning
Ordinance for a Planned Development District and Preliminary Development Plan for a 79-
unit single family residential project, for the property located at 1000 West Racquet Club
Drive, south of Tramway Road and west of Vista Grand Avenue; and
WHEREAS, the applicant has filed an application with the City pursuant to Section 9.62.00
of the Municipal Code for Tentative Tract Map 31766 for the subdivision of approximately
42-acre parcel into 79 single-family residential lots and lettered lots; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to
consider an application for Tentative Tract Map 31766 and Planned Development
District 294 (PD 294) was issued in accordance with applicable law; and
WHEREAS, said Planned Development District and Tentative Tract Map were
submitted to appropriate agencies as required by the subdivision requirements of the
Palm Springs Municipal Code, with the request for their review, comments and
requirements; and
WHEREAS, the project site can be considered an in-fill development as it is surrounded
by existing development on two sides; and
WHEREAS, the project site has all utility services available at or close to the project
site; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and a Final Environmental Impact
Report (FEIR) has been prepared for this project and has been distributed for public
review and comment in accordance with CEQA; and
Resolution 22064
Page 2
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council
has considered the effect of the proposed project on the housing needs of the region,
and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
WHEREAS, on September 26, 2007, a public hearing on the application was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, on October 17, 2007, a public hearing on the application was held by the
City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented; and
WHEREAS, the project will bring additional residents, visitors and activities to the
community that will potentially impact the needs for public safety services beyond the
City's ability to provide such services; and because such services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic and
other safety services, and recreation, library, cultural services are near capacity, the
City has established a Community Facilities District to which this project shall be
annexed, subject to conditions of approval.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: A Final Environmental Impact Report (FEIR) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines. The City Council found that the project will not have
significant impacts in the areas of land use, population and housing,
geology and soils, recreation, utilities and services, agriculture and mineral
resources. The City Council further finds that with the incorporation of
proposed mitigation measures, potentially significant environmental
impacts resulting from this project in the areas of transportation and traffic,
cultural resources, noise, biology, hydrology and water quality and public
services will be reduced to a level of less than significance. The City
Council further finds that, even after mitigation, the project may still have a
significant environmental impact with regard to cumulative loss of native
desert habitat, air quality, and short term adverse cumulative impacts
related to NOx and possibly PM-10 emissions. The City Council
independently reviewed and considered the information contained in the
FEIR prior to its review of this Project and the FEIR reflects the City
Council's independent judgment and analysis.
Resolution 22064
Page 3
Section 2: The City Council has considered the environmental effects of the project
that are analyzed in the FEIR and adopts the Findings of Fact attached as
Exhibit A, and Statement of Overriding Considerations, attached as Exhibit
B.
Section 3: Pursuant to Section 94.03.00 (E) and 94.02.00(B) of the Palm Springs
Zoning Code, the City Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.02.00 (A)(4) of the Palm Springs Zoning
Code.
The current zoning designation of the subject location is R-1-A, single-family
residential with a minimum lot size of 20,000 square feet. The proposed lot sizes
will range from 15,077 square feet to 54,500 square feet. With these lot sizes and
density of approximately 1.9 units per acre, the planned development is in
conformity with the requirements of the Zoning Code. Additionally, the proposed
project is consistent with the existing residential developments on all sides of the
site. The general plan designation of L-2 allows a maximum density of two units
per acre; this project will not exceed the density at approximately 1.9 units per
acre. The planned development district will grant relief to lot dimensions, building
heights, lot widths and setbacks only; therefore, the addition of new residential
use to this location will be in conformity with the general plan.
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
The project site is relatively rugged with loose cobbles, boulders and low-growing
vegetation, but can accommodate building pads, internal streets, and drainage.
Adequate access is proposed onto main streets from Racquet Club Drive to
State Highway 111, The size of the parcel is approximately 42 acres; relative to
similar developments within the City, the location will accommodate the proposed
planned residential development.
C. The proposed establishment of the planned development district is necessary
and proper, and is not likely to be detrimental to adjacent property or residents.
The proposed establishment of the planned development district is necessary to
provide an upscale design concept comparable to the existing development
within the surrounding. The proposed district will not be detrimental to adjacent
properties or residents because streets are internal to the project. Furthermore,
the planned development district only seeks to modify development standards in
Resolution 22064
Page 4
a manner that will not be detrimental to the existing land uses in the immediate
vicinity and the vista of the San Jacinto Mountains.
Section 4: Pursuant to Section 66474 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
Tentative Track Map 31766 is for the subdivision of approximately 42 acres into
79 single-family residential lots. The residential project is consistent with the
General Plan designations of L-2 the overall density of the new subdivision is
approximately 1.9 units per acre, this is well within the threshold of 2 units per
acre allowed within the district. The proposed map has been reviewed by City
staff and other outside agencies for comments; the map is consistent with the
general plan designation of the subject site.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed project design and improvements are consistent with the R-1-A
zone in which the property is located. Furthermore, the design of the Map is
consistent with the allowable uses under the Planned Development District for
this property. The proposed residential development standards, street
improvements, internal circulation, proposed drainage and overall site
development are in conformity with City standards-
C. The site is physically suited for this type of development.
Majority of the site area is rugged terrain full of loose cobbles, boulders and
vegetation with slopes from east to the west. The site is surrounded by existing
development and City streets. The construction of residential buildings on the site
is appropriate at this location. Also, there are existing urban services and utilities
in the immediate surroundings of the location.
d. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map and associated Planned Development District have
been reviewed under the California Environmental Quality Act, and a Final
Environmental Impact Report (FEIR) is proposed. Mitigation measures have
been included which will reduce potential impacts to less than significant levels.
There are no bodies of water on the subject property and therefore will not
damage or injure fish, wildlife or their habitats.
Resolution 22064
Page 5
e. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed subdivision is designed with adequate access to accommodate the
needs of future occupants and surrounding residents in cases of emergency.
Proposed drainage facilities at the site are designed to meet or exceed City
Standards. The proposed homes and streets will be required to meet or exceed
City development codes. The circulation system within the subdivision provides
for an orderly system of internal driveways; therefore, the project will not cause
public health problems.
f. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements or existing access across the subject
property, therefore the design of the subdivision will not conflict with easements
for access through or use of the property. Any utility easements can be
accommodated within the project design.
Section 5: The City Council adopts the Mitigation, Monitoring and Reporting Program
attached as exhibit C.
Section 6: The City Council approves Case No. 5.0996 _ PDD 294, the vacation of
the westerly twenty-three feet of Vista Grande Avenue right of way, and Tentative Tract
Map 31766 for the subdivision of approximately 42-acre site into 79 single-family
residential lots and the development of the proposed units subject to the Conditions of
Approval contained in Exhibit D, which is attached hereto and made a part of this
resolution.
ADOPTED this 7th day of November, 2007.
David H. Ready, Citx�a�ger
ATT T:
a es Thompson, City Clerk
Resolution 22064
Page 6
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. 22064 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 7th day of November,
2007, by the following vote:
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden.
NOES: Councilmember Foat, and Mayor Pro Tem Pougnet.
ABSENT: None,
ABSTAIN: None.
(-
es Thompson, City Clerk
/amity of Palm Springs, California
City Council Resolution No. 22064
Exhibit A
Crescendo Project: Findings of Fact
I. INTRODUCTION AND PURPOSE
The City Council of the City of Palm Springs ("City Council") as the decision-
making body of the Lead Agency for the Crescendo project ("Project") hereby
adopts and makes the following findings of fact ("Findings") in connection with its
certification of the Final Environmental Impact Report ("FEIR") for the Project. The
FOR is a Project EIR, as defined by Guideline 15161 of the State Guidelines for
the California Environmental Quality Act ("CEQA Guidelines"), and serves as an
informational document for the general public, the City and other government
agencies. The City Council makes these Findings after reviewing and analyzing
the environmental effects examined in the FEIR.
These Findings are adopted in compliance with the California Environmental
Quality Act, California Public Resources Code §§ 21000 et seq. ("CEQA"). The
FEIR identifies certain potentially significant effects that may occur as a result of
the proposed Project, or that may occur on a cumulative basis in conjunction with
the development of the Project and other past, present or reasonably foreseeable
future projects. In addition to reviewing the Project's potential environmental
impacts, these Findings also provide the City Council's analysis and conclusions
regarding the applicability of possible alternatives and mitigation measures to
reduce any significant environmental effects.
11. THE ADMINISTRATIVE RECORD
A. CONTENTS OF THE RECORD
The following information is incorporated by reference and made part of the record
of proceedings to support the City Council's findings of fact regarding the
environmental effects of the Project:
1. The Draft Environmental Impact Report (DEIR) and related technical
appendices, all other documents relied upon or incorporated by
reference Into the DEIR, the FEIR and all documents relied upon or
incorporated by reference in the FEIR and Mitigation, Monitoring and
Reporting Program (collectively the "EIR")_
2. All testimony, documentary evidence and all correspondence
submitted to or delivered to the City in connection with the meetings
and public hearings at which City decision-making bodies considered
the EIR.
549510.1
City Council Resolution No. 22064 Page 2 of 44
Exhibit A— Findings of Fact
3. All staff reports, memoranda, maps, slides, letters, minutes of
meetings and other documents that City staff and/or its consultants
relied upon or prepared in conjunction with the Project.
4. Any other documents specified by Public Resources Code section
21167.6(e).
B. LOCATION OF ADMINISTRATIVE RECORD
The City is the custodian of the administrative record, including all CEQA
documents and the other background documents and materials, which constitute
the record of the proceedings upon which the City's decisions to certify the Final
EIR and approve the Project are based. The administrative record is located at the
Palm Springs City Hall, Planning Services Department, 2300 East Tahquitz
Canyon Way, Palm Springs, California 92262.
III. PURPOSE OF FINDINGS
The Final EIR evaluates the potentially significant adverse environmental impacts
that could result from the Project. Public Resources Code section 21081 and
CEQA Guideline 15091 require that the public agency approving or carrying out
the project(s) shall make written findings for each significant impact identified in the
EIR, accompanied by a brief explanation of the rationale for each finding. These
findings include one of the following:
1. Changes or alterations have been required in, or incorporated into,
the project(s) that avoid or substantially lessen the significant
environmental effect as defined in the EIR.
2. Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or
can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the final EIR.
These findings accomplish the following:
1. They address the significant environmental effects identified in the
EIR for the approved project(s).
2. They incorporate all mitigation measures associated with these
significant impacts identified in the EIR.
City Council Resolution No. 22064 Page 3 of 44
Exhibit A — Findings of Fact
3. They explain whether a significant effect is avoided or reduced by the
adopted mitigation measures to a less than significant level or remain
significant and unavoidable, either because there are no feasible
mitigation measures or because, even with implementation of
mitigation measures, an impact would remain significant.
The conclusions presented in these findings are based on the EIR and other
evidence in the record of proceedings.
IV. THE CRESCENDO PROJECT
A. PROJECT DESCRIPTION
The Crescendo Project ("Project") proposes development of 79 single-family
residences on approximately 42.2 acres. The City of Palm Springs General Plan
and the Palm Springs Municipal Code will govern the Project's land use and
development components, including the type and density of allowable land use,
design standards, architecture, landscaping, circulation, infrastructure, and other
planning and design components.
The project site is an in-fill site located on undeveloped open desert land
associated with the Chino Canyon alluvial cone (also referred to as the Chino
Cone or the Cone), a large alluvial feature that emanates from Chino Canyon at
the base of the San Jacinto Mountains and spreads east onto the floor of the
Coachella Valley. Existing manmade features in the Chino Cone include (a)
Tramway Road, which provides access from State Highway 111 (Highway) to the
Palm Springs Aerial Tramway, (b) a United States Army Corps of Engineers levee
that provides flood protection to the northern part of the City including a large part
of the Chino Cone, and (c) parts of the Chino Canyon neighborhood, a hillside
residential community south of Tramway Road and extending west from Highway
111. The existing Little Tuscany Estates neighborhood lies at the south edge of the
alluvial cone.
Currently, most of the Chino Cone north of Tramway Road is undeveloped. In the
undeveloped areas, the native ground surface is characterized by loose cobbles
and Crescendo, and desert vegetation including cactus that blooms in the cooler
parts of the year. Undeveloped lands are also present south of Tramway Road.
The majority of these are within the Agua Caliente Reservation (Section 4) but also
include vacant lands proposed for development by the Crescendo project. The
Crescendo project site is surrounded on three sides by existing development in the
form of Tramway Road to the north, and residential development to the east and
south. The Crescendo project site is currently designated R-1-A under the City of
Palm Springs General Plan.
City Council Resolution No. 22064 Page 4 of 44
Exhibit A— Findings of Fact
B. PROJECT OBJECTIVES
The Project's objectives are rooted in five key goals:
1. Create new residential development that reflects and complements
the overall pattern and character of existing surrounding uses
2. Provide a transition from the development style of Little Tuscany on
the south to the slightly more dense development currently in place to
the east and north of the Crescendo site.
3. Contribute to the revitalization of downtown Palm Springs by
providing quality upscale housing that will attract residents and
second-residence owners who will support and became the market
for businesses located in the City
4. Provide upscale semi-custom residences that take advantage of the
unique physical features and viewscapes offered only in Palm
Springs.
5. Utilize an in-fill site to allow for quality residential development
thereby supporting the City's retail economy without expanding the
City's development footprint.
The project site has long been zoned for residential development_ The Project
aims to create high quality in-fill development within an area that has already
undergone substantial development without intruding into undeveloped areas of
the Chino Cone. Such in-fill development is likewise one of the objectives set forth
in the City of Palm Springs' General Plan (see Objective 3.2, p. 1-19).The Project
achieves the objective of creating in-fill development because the site is among the
last remaining substantial areas of vacant land within the otherwise developed
area bounded by Tramway Road on the north, the Agua Caliente Indian
Reservation lands to the west, and Racquet Club Road to the south.
The existing Chino Canyon neighborhood lies to the south and east of the
Crescendo project. This neighborhood, developed at a density of approximately
two units per acre, is a self-contained eclectic neighborhood of one-story and split-
level single-family residences. Its streets are narrow with lots terraced to
accommodate elevation changes throughout the neighborhood-
V. THE EIR PROCESS
In accordance with the requirements of the California Environmental Quality Act
("CEQA") to solicit comments on the proposed content of the Crescendo and
Crescendo Combined EIR, the City circulated a Notice of Preparation ("NOP") on
City Council Resolution No. 22064 Page 5 of 44
Exhibit A--- Findings of Fact
July 5, 2005, and Revised NOPs for the proposed Project on July 28 and August 1,
2005.
On September 8, 2005, the City held a scoping meeting to elicit further comments
from governmental agencies and interested parties regarding the scope and
content of environmental issues germane to the EIR. All NOP responses relating to
the EIR were reviewed and the issues raised in those comments were addressed,
to the extent feasible, in the DEIR. The NOP appears as Appendix A to the FEIR;
letters received during the NOP comment period comprise Appendix B.
In October 2006, the City held a meeting with key local stakeholders in order to
define project alternatives for consideration in the EIR (see Appendix C). In
November 2005, The City held a Public Meeting to describe alternatives developed
based on the input from the Scoping Meeting and the stakeholder meeting. The
DEIR was formally circulated for a 45-day review period, between May 22, 2006,
and July 6, 2006. Comments were accepted through July 6, 2006. In October
2006, a Supplement to the DEIR was circulated, also for a 45-day review period.
Comments were accepted through December 20, 2006.
The City received 11 letters from agencies, organizations, and individual parties
commenting on the DEIR and its Supplement. The written comments and the
City's responses to them appear in FEIR Volume 2: Comments and Responses.
The Planning Commission reviewed the project and the FEIR at its meetings of
July 11, 2007, September 12, 2007, and September 26, 2007. At the meeting of
September 26, 2007, the Commission recommended certification of the FEIR for
the project.
VI. THE CITY COUNCIL'S CERTIFICATION OF THE FEIR
Pursuant to section 21082.1(c) of the Public Resources Code, the City Council
hereby FINDS and CERTIFIES that:
• The FEIR has been completed in compliance with CEQA.
• The FEIR has been presented to the City Council, and the City Council has
independently reviewed and analyzed the information contained in the FOR
prior to acting on the Project.
• The FEIR reflects the City's independent judgment and analysis.
VII. EFFECT OF FINDINGS
To the extent that these Findings conclude that various proposed mitigation
measures outlined in the FEIR are feasible and have not been modified,
superseded, or withdrawn, the City Council hereby adopts these measures. The
mitigation measures are express conditions of approval of the Project. The City
Council will adopt a Mitigation Monitoring and Reporting Program ("MMRP")
City Council Resolution No. 22064 Page 6 of 44
Exhibit A— Findings of Fact
concurrently with these Findings to ensure that the responsible party actually
implements the mitigation measures. The MMRP developed for the Project
includes applicable mitigation measures from the FEIR and new measures that the
City developed in conjunction with the EIR process.
VIII. POTENTIAL ENVIRONMENTAL. IMPACTS ANALYZED IN THE EIR
These Findings address the potentially significant environmental effects examined
in the FEIR, which analyzed the environmental impacts at a project-specific level
and on a "cumulative" impact basis. A cumulative impact is defined by CEQA
Guidelines 15130 and 15355 as an impact created as a result of the combination
of impacts of the project evaluated in the EIR and closely related past, present and
reasonably foreseeable probable future projects (commonly known as "related
projects"). The FOR addressed reasonably foreseeable impacts by assuming the
build-out of the City of Palm Springs General Plan. The FEIR also identified 24
reasonably foreseeable related projects in the relevant geographic area. The
analysis of the EIR buildout resulted in a conservative analysis because the City is
currently reviewing a General Plan update that would reduce overall densities near
the proposed project.
A. SUMMARY OF IMPACT ANALYSIS
The EIR analyzes all potentially significant impacts of the Project for the
environmental topics identified during the public scoping process, including
responses to the NOP, a public scoping meeting, and consultation with interested
agencies and individuals.
In summary, the City Council finds that the following environmental impacts are
less than significant on a project-specific basis in light of the EIR and the whole
record before it, including the imposition of appropriate mitigation measures:
(1) biological resources, (2) cultural resources, (3) hazardous materials, (4)
population and housing, (5) noise, (6) public services, (7) recreation,
(8) transportation and traffic, (9) utilities and service systems, (10) land use, (11)
hydrology and water quality, (12) geology and soils, (13) agriculture, and (14)
mineral resources. The City Council has incorporated the referenced mitigation
measures into the Project pursuant to its concurrent adoption of the Mitigation
Monitoring and Reporting Program.
On the other hand, on a project-specific basis, the Project was determined to have
a significant and unavoidable impact on the aesthetics of its site, which may be
considered adverse by some observers. . In addition, the project will contribute to
cumulative loss of native desert habitat that may be considered adverse
During grading, the project may exceed the SCAQMD thresholds for NO, and
PM,,. During the construction periods, the Project may contribute to short-term
adverse cumulative impacts relative to NO,and PM,oemissions.
CityCouncil Resolution No. 22064 Page 7 of 44
g
Exhibit A— Findings of Fact
The EIR analyzed growth-inducing, unavoidable adverse and irreversible impacts,
and consistency with Southern California Association of Governments ("SCAG")
policies. Pursuant to CEQA Guideline 15126.6, the EIR also evaluated several
project alternatives.
IX. FINDINGS ON IMPACTS ANALYZED IN THE EIR
A. AESTHETICS
1. Potential Impacts
The Project may cause a significant impact on aesthetics if it does any of the
following:
a) has a substantial adverse effect on a scenic vista
b) substantially damages scenic resources including, but not limited to,
trees, rock outcroppings, and historic buildings within a state scenic
highway
c) substantially degrades the existing visual character or quality of the
sites and their surroundings
d) creates a new source of substantial light or glare that would
adversely affect day or nighttime views in the area
2. Findings
Due to the fundamental change in the site from undeveloped to developed, the
Project will have significant effects on aesthetics that cannot be mitigated and may
be perceived by some as adverse. The City Council makes the following findings
for these impacts:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such significant
environmental effects
b) For the reasons set forth below in the Statement of Overriding
Considerations, adopted concurrently by the City Council, the City
Council finds that the significant impact identified in this Section IX(C)
is acceptable in light of the Project's overall benefits.
3. Supportive Rationale
Section 7.5 of the EIR analyzes the Project's potential impacts on aesthetics and
visual resources. For the following reasons, these impacts are found to be
significant and cannot be mitigated:
City Council Resolution No. 22064 Page 8 of 44
Exhibit A— Findings of Fact
a) The primary aesthetic effect of the Project will be the fundamental
change of the site from undeveloped to developed. However, the
site has long been designated for development of the kind
proposed by the Project. The City of Palm Springs General Plan
Policy 3.2.3 specifies "high-end residential" as a "target land use"
for the Project's area, zoned R-1-A. .
b) The Project is not located near a designated scenic highway, so it
will not affect scenic highway resources. Trees are limited, and
there are no historic buildings on the sites. The boulders on the site
are not considered a significant scenic resource.
c) In the process of transforming the site from undeveloped to
developed, the Project will result in mass grading of the site. This
change could be perceived as degrading the sites' visual character
or quality. The Project conditions of approval and mitigation
measures require that the Project re-use native boulders, especially
on slopes, to re-create the natural appearance of the land to the
extent possible and still permit feasible development.
d) As a residential project, Crescendo will meet the requirements of
the local building code with respect to lighting. The Project's
residential streets are not proposed to have street lighting thereby
limiting the visual impact of the Project on the surrounding area.
B. AGRICULTURAL RESOURCES
1. Potential Impacts
The Project would have a significant impact on agricultural resources if it would do
any of the following:
a) convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance to non-agricultural use
b) conflict with existing zoning for agricultural use, or a Williamson Act
contract
c) involve other changes in the existing environment which, due to
their location or nature, would result in conversion of farmland to
non-agricultural uses
2. Findings
The Project will not have a significant impact on agricultural resources.
3. Supportive Rationale
City Council Resolution No. 22064 Page 9 of 44
Exhibit A— Findings of Fact
Potential impacts to agricultural resources are evaluated in EIR Section 7.15.
There are no agricultural uses present on the site. Impacts to agriculture are
determined to be less than significant for the following reasons:
a) The Project will not result in a significant adverse impact related to
the conversion of prime farmland and farmland of local importance to
non-agricultural uses.
b) The Project will not conflict with existing agricultural zoning or
Williamson Act contract lands.
c) The Project will not result in changes to the existing environment that
would result in conversion of farmland to non-agricultural uses-
C. AIR QUALITY—CONSTRUCTION
1. Potential Impacts
The Project would cause a significant and unavoidable air quality impact if, during
construction or operation, it do any of the following:
a) conflict with or obstruct implementation of the applicable air quality
plan
b) violate any air quality standard or contribute substantially to an
existing or protected air quality violation
c) result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an
applicable national or State ambient air quality standard (including
releasing emissions that exceed quantitative thresholds for ozone
precursors)
d) expose sensitive receptors to substantial pollutant concentrations
e) create objectionable odors affecting a substantial number of people
2. Findings
Potential impacts to air quality are evaluated in EIR Section 7.6. The construction
of the Project may create a significant and unavoidable air quality impact on a
project-specific basis during the grading phase of construction. This impact results
from the potential to contribute substantially to existing or projected air quality
violation.
The City Council makes the following findings for these impacts:
City Council Resolution No. 22064 Page 10 of 44
Exhibit A— Findings of Fact
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) For the reasons set forth below in the Statement of Overriding
Considerations, adopted concurrently by the City Council, the City
Council finds that the significant impact identified in this Section
IX(C) is acceptable in light of the Project's overall benefits.
Although the following mitigation measures aimed at reducing these significant
and unavoidable air quality impacts during the Project's construction have been
adopted, they may not reduce the impacts to a level of insignificance (The term
"may" is used in this discussion because the modeling indicates that emissions
will be slightly less than the thresholds of significance recommended by the South
Coast Air Quality Management District; however, due to the uncertainty in the
modeling procedures, there is some possibility that emissions could exceed the
thresholds) :
MM AIR-1: Prior to the approval of a final grading plan by the City, the
project proponent shall submit a detailed Grading and Rock Management
Plan for review and approval by the Planning Commission. This plan shall
specify the following:
1. Final estimates for grading volumes, including cut and fill, off-site
export of unsuitable material, and import of appropriate material.
Refined estimates for emissions of import/export trips will be
provided.
2. Final estimates of on-site rock that can be incorporated into the site
for fill, landscaping elements, or use in the decorative walls of
residences, including rock that may be reduced in size, using the
Nonex process.
3. Active grading shall be limited to 2.5 acres of disturbed areas.
4. If on-site rock crushing is proposed and approved by the City when
the project is approved, then the location and emission factors of the
exact equipment proposed to be used will be provided. An updated
analysis shall be submitted to the City demonstrating that PM10 and
NO, emissions shall not exceed the SCAQMD daily limits, and that
rock-crushing PM10 emissions are equivalent to those listed in AP-42,
Fifth Edition, Volume 1, United States Environmental Protection
Agency, January 1995 for "controlled emissions."
5. If on-site rock-crushing is not proposed, or is disallowed by the City
when the project is approved, then an updated emissions analysis
shall be provided based upon the relocation plan for rocks that
cannot be used on-site and the final length of the trip to the rock
disposal site. An updated analysis shall be submitted to the City
demonstrating that PM10 emissions shall not exceed the SCAQMD
City Council Resolution No. 22064 Page 11 of 44
Exhibit A — Findings of Fact
daily limits. If the City overrides the potential NOX emission
exceedance when the project is approved, then the Grading and
Rock Management Plan shall demonstrate how the NO, emissions
will be limited to within 25% of the SCAQMD construction threshold
for NO,
6. Prior to the commencement of grading, the City of Palm Springs shall
retain, at the applicant's expense, an air quality monitor who shall be
present on site at least three hours per day during grading
operations. The monitor shall have the ability to "stop work" if visible
dust is seen escaping from the site, or if other measures specified in
the Grading and Rock Management Plan are not observed.
7. The plan shall demonstrate how the City's standard mitigation
measures, listed in Section 8.50 of the Palm Springs Municipal Code,
shall be incorporated into project construction.
MM AIR-2 Mass grading of the Boulders and Crescendo sites shall not
occur simultaneously. Accordingly, all graded areas of the first site shall be
stabilized prior to the issuance of a grading permit for the second site.
MM AIR-3 The applicant shall require the construction contractor to use
construction equipment with low emission factors and high energy efficiency
to the extent feasible. Prior to issuance of grading and building permits, the
City shall verify that grading and construction plans include a prominently
displayed statement that all construction equipment must (1) be tuned and
maintained in accordance with manufacturers' specifications and (2) meet
or exceed Tier 2 standards, including the use of emulsified diesel fuels and
oxidation catalysts particulate traps or other verified/certified technologies
as feasible. Note: Such equipment and fuels may not yet be available in the
Palm Springs area; therefore, the note "as feasible" applies. No mitigation
credit was taken in this analysis for such mitigation.
MM AIR-4 All residential fireplaces will be fueled by natural gas.
MM AIR-5 Exterior electrical outlets will be provided in fronts and backs of
residential units to facilitate use of electric landscape equipment.
3_ Supportive Rationale
Sections 7.6.3 of the FEIR analyzes air quality impacts during construction of the
Project.
a) Conflict with Air Quality Plan
The applicable Air Quality Plan is [the 2004 State Implementation Plan (SIP)
approved by the South Coast Air Quality Monitoring District and Certified by the
City Council Resolution No. 22064 Page 12 of 44
Exhibit A — Findings of Fact
Federal Environmental Protection Agency]. The SIP demonstrates that the region
will be brought into compliance with State and federal air quality standards over
time. The SIP is based upon the development of the General Plans of the various
Cities and Counties in the Region, and projects that are consistent with such
general plans are consistent with the SIP. The project is consistent with the City of
Palm Springs General Plan and therefore consistent with the SIP.
b) and c) Contribute to any existing or projected air quality violation; or result in
a cumulative increase in any criteria pollutant.
Air quality impacts during the Project's construction cannot be mitigated below a
significant level for the reasons set forth below.
a) The EIR estimated air quality impacts during grading according
to modeling results from LSA Associates Inc. (LSA) as
contained in the EIR. These estimated emission levels were
compared against regional and localized significance
thresholds adopted by the SCAQMD. The estimates for
emissions of Reactive Organic Gases, Carbon Monoxide and
Sulfur Dioxide were all well below (more than 50% below) the
specified significance criteria. The estimates for emissions of
Nitrogen Oxides (NOx) and particulates (PM10) were below
the threshold of significance, but less than 10% below the
threshold, even after the application of all applicable mitigation
measures.
b) The City recognizes that all modeling efforts contain a certain
amount of inherent uncertainty. Therefore, in an abundance of
caution, the City notes that emissions of NOx and PM10 could
exceed the thresholds. Even with implementation of all feasible
mitigation measures as listed above, project emissions during
construction might exceed the thresholds set by SCAQMD for
NOx and PM10,
D. AIR QUALITY - OPERATION
1. Potential Impacts
The operation of the Project may cause a significant and unavoidable air quality
impact if it would do any of the following:
a) conflict with or obstruct implementation of the applicable air quality
plan
b) violate any air quality standard or contribute substantially to an
existing or protected air quality violation
City Council Resolution No. 22064 Page 13 of 44
Exhibit A -- Findings of Fact
c) result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non attainment under an
applicable national or state ambient air quality standard (including
releasing emissions which exceed quantitative thresholds for ozone
precursors)
d) expose sensitive receptors to substantial pollutant concentrations
e) create objectionable odors affecting a substantial number of people
2. Findings
The operation of the Project will not create significant or unavoidable air
quality impacts on a project-specific basis.
3. Supportive Rationale
Section 7.6.3 of the FEIR analyzes air quality impacts during operation of
the Project. Air quality impacts during the Project's operation will not rise to
a level of significance for the following reasons:
a) The Project's operation will not conflict with or obstruct
implementation of the 2004 State Implementation Plan (SIP)
approved by the South Coast Air Quality Monitoring District and
Certified by the Federal Environmental Protection Agency.
b) The Project's operations will not violate any air quality standard or
contribute substantially to an existing or protected air quality
violation.
c) The Project's operation will not result in a cumulatively considerable
net increase of any criteria pollutant for which the project region is
non-attainment under an applicable national or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors). EIR Table 7.6-E
shows that projected project-specific emissions at build-out will fall
well below the thresholds of significance established by SCAQMD.
d) The Project will not expose sensitive receptors to substantial
pollutant concentrations.
e) The Project's operation will not create objectionable odors affecting
a substantial number of people. None of the uses proposed for the
sites are normally associated with the creation of objectionable
odors.
City Council Resolution No. 22064 Page 14 of 44
Exhibit A— Findings of Fact
E. BIOLOGICAL RESOURCES
1. Potential impacts
The Project would have a significant impact on biological resources if it were to do
any of the following:
a) have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive,
or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game
("CDFG") or United States Fish and Wildlife Service ("USFWS")
b) have a substantial adverse effect on any riparian habitat or other
sensitive natural community identified in local or regional plans,
policies, regulations, or by the CDFG or USFWS
c) have a substantial adverse effect on federally protected wetlands
as defined by Section 404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means
d) interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native,
resident, or migratory wildlife corridors or impede the use of native
wildlife nursery sites
e) conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance
f) conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan
2. Findings
The Project is not anticipated to significantly affect biological resources on its site
unless it were to introduce non-native plant species in their landscaping designs.
As a result, the City Council makes the following findings for this impact:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) With implementation of the following mitigation measures, the
Project's impacts will be less than significant.
City Council Resolution No. 22064 Page 15 of 44
Exhibit A— Findings of Fact
MM BIO — 1 The following plants will not be utilized in the project
landscaping:
BOTANICAL NAME COMMON NAME
Acacia spp. (all species Acacia (all species except native
exce t A. re ii catclaw acacia
Arundo donax (x) Giant reed or arundo grass
Atri lex sernibaccata (x) Australian saltbush
Avena barbata Slender wild oat
Avena_fatua Wild oat
Brassica tournefortii(xx) African or Saharan mustard
Bromus madritensis ssp. Red brome
rubens (x
Bromus tectomm (xx) Cheat grass or downy brome
Cortaderia jubata [syn.C. Jubata grass or Andean pampas
atacamensis grass
Cortaderia dioica [syn. C. Pampas grass
selloana
Descurainia so hia Tansy mustard
Eichhorniacrassi es Waterh acintli
Elae nus anguslifblia Russian olive
Foeniculum vulgare Sweet ferret
Hirschfeldia incana Mediterranean or short-pod
mustard
Le idium lati olium Perennial pep erweed
Lolium n2ui ortrm Italian ryegrass
Lollium perenne Perennial Tye ass
Nerium oleander Oleander
Nicotiana glauca x) Tree tobacco
Oenothera berlandieri (#) Mexican everting primrose
Olea euro ea European olive tree
Parkinsonia aculeata (x) Mexican palo verde
Pennisetum clandestinum Kikuyu grass
Pennisetum setaceum (xx) Fountain ass
Phoenix canariensis (#) Canary Island date palm
Phoenix dactyli era tt Date palm
Ricinus comnaunis (x) Castorbean
Salsola tragus x Russian thistle
Schinus molle Peruvian pepper tree or
California pepper
Schinus terebinthtfolius Brazilian pep ertree
Schismus arabicus Mediterranean grass _
Schismus barbatus (xx) Saharan grass, abu masbi
Stipa ca ensis (xx) No common name
City Council Resolution No. 22064 Page 16 of 44
Exhibit A— Findings of Fact
Tamarix spp. (all species) Tamarisk or salt cedar
(JCX)
Taeniatherum caput- Medusa-head
medusae
Tribulus wrrestris Puncturevine
Vinca major Periwinkle
Yucca gloriosa # Spanish dagger
Sources: CVAG MSHCP; California Exotic Pest Plant Council, United States Department of
Agriculture-Division of Plant Health and Pest Prevention Services, California Native Plant Society,
Premomia Vol. 26 No. 4, October 1998, The Jepson Manual; Higher Plants of California, and
County of San Diego Department of Agriculture.
Key to Table
A indicates species not on CaIEPPC October 1999 "Exotic Pest Plants of Greatest Ecological
Concern in California"list
X indicates species known to be invasive in the MSHCP Plan Area
XX indicates particularly troublesome invasive species
3. supportive Rationale
Potential impacts to biological resources are discussed in Section 7.8 of the EIR,
which rely on reports in Appendix 1-2. For the reasons set forth below, the
identified impacts can be mitigated below a level of significance.
a) No officially listed animal or plant species were found on the Project
site. Although the Project's development can be expected to
eliminate approximately 43 acres of creosote scrub habitat; that loss
cannot be said to constitute a significant adverse impact because the
habitat is so widespread generally throughout the Southwest and
specifically in the areas surrounding the Project.
b) The Project site does not contain or abut any riparian community.
c) The Project site does not contain or abut any federally protected
wetlands as defined by Section 404 of the Clean Water Act.
d) The Project site is not used by animal species as a migratory corridor
or wildlife nursery. The Crescendo site is surrounded on two sides by
existing residential uses.
e) The Project is consistent with the City's goals and policies relative to
biological resources as articulated in the City of Palm Springs
General Plan.
f) No adopted Habitat Conservation Plan, Natural Community
Conversation Plan, or other approved local, regional, or state habitat
conservation plan affects either project site.
City Council Resolution No. 22064 Page 17 of 44
Exhibit A — Findings of Fact
F. CULTURAL RESOURCES
1. Potential Impacts
The Project would have a significant impact on cultural resources if it would do any
of the following:
a) cause a substantial adverse change in the significance of a
historical or an archeological resource as defined in CEQA
Guideline 15064.5
b) cause a substantial adverse change in the significance of an
archaeological resource pursuant to CEQA Guideline 15064,5
c) directly or indirectly destroy a unique paleontological resource or
site or unique geologic feature
d) disturb any human remains, including those interred outside of
formal cemeteries
2. Findings
The Project is not expected to impact cultural resources on a project-specific basis.
However, it is not impossible that it might do so inadvertently by uncovering
hitherto unknown historical or cultural resources. As a result, the City Council
makes the following findings for this impact:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental affects.
c) With implementation of the following mitigation measures, the
Project's impacts will be less than significant.
MM CULT-1: Prior to the approval of any grading plan, the Director of
Community Development of the City of Palm Springs will ensure that the
following specification is included with grading requirements:
In the event of the accidental discovery or recognition of any human
remains in any location on the project site other than a dedicated
cemetery, the following steps will be taken:
1. There will be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains
until:
(a) The Riverside County Coroner is contacted to determine that no
investigation of the cause of death is required, and
City Council Resolution No. 22064 Page 18 of 44
Exhibit A — Findings of Fact
(b) If the Coroner determines the remains to be Native American:
• The Coroner will contact the Native American Heritage
Commission (NAHC) within 24 hours.
• The NAHC will identify the person or persons it believes to
be the most likely descended from the deceased Native
American.
• The most likely descendant (MLD) may make
recommendations to the landowner or the person
responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains
and any associated grave goods as provided in Public
Resources Code Section 5097.98, or
2. Where the following conditions occur, the landowner or his
authorized representative will rebury the Native American human remains
and associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD.
• The MLD identified failed to make a recommendation within 24
hours 24 hours after being notified by the NAHC.
• The landowner or his authorized representative rejects the
recommendation of the MLD, and the mediation by the NAHC
fails to provide measures acceptable to the landowner.
2. Supportive Rationale
Section 7.4 of the FEIR analyzes potential impacts on cultural resources
based on studies contained in Appendix F-1. These studies identified no
significant cultural or historical resources, so the Project's impacts on such
resources are not expected to be significant. Should human remains be
located during development, Mitigation Measure CULT-1 is in place to
ensure their proper handling and disposition-
G. GEOLOGY AND SOILS
1. Potential Impacts
The Project would have a significant impact with respect to geology and/or soils if
they were to do any of the following:
a) expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving any of the following:
• rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault zoning Map issued by the State
City Council Resolution No, 22064 Page 19 of 44
Exhibit A— Findings of Fact
Geologist for the area or based on the substantial evidence of a
known fault
• strong seismic ground-shaking
• seismic-related ground failure, including liquefaction
• landslides
b) result in substantial soil erosion or the loss of topsoil
c) be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in an on or oft-site
landslide, lateral spreading, subsidence, liquefaction or collapse
d) be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property
e) have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available for
the disposal of waste water
2. Findings
With the implementation of the City's standard conditions, the Project will have no
adverse effects on geology or soils. As a result, no mitigation will be required.
3. Supportive Rationale
Section 7.9 of the FEIR analyzes the Project's potential impacts with respect to
geology and/or soils. This analysis is based on studies conducted by Earth
Systems Southwest, including geotechnical feasibility reports and fault/seismic
investigations; these studies appear as Appendix J-2 of the FIR. For the reasons
below, the Project will not result in adverse impacts to geology and/or soils.
a) The site is not located in an Alquist-Priolo Earthquake Fault
Zone.
b) Existing City of Palm Springs General Plan policies and
programs, including strict adherence to the Uniform Building
Code (UBC) and other applicable building standards are
expected to result in project design and construction that
mitigate the impact associated with strong ground motion and
other seismic hazards.
c) The site is not at risk of landslides, liquefaction, lateral
spreading or collapse.
City Council Resolution No. 22064 Page 20 of 44
Exhibit A— Findings of Fact
d) The Project is not located on unstable soils; furthermore,
development of the site will result in the stabilization of soils
underneath structures, roadways and landscaping, so upon
project completion, soil erosion will be reduced.
e) Soils below the site are anticipated to possess a very low
expansion potential.
f) The Project does not propose the use of septic tanks or other
alternative wastewater disposal systems.
g) The Project is consistent with the City of Palm Springs
General Plan-
H. HAZARDOUS MATERIALS
1. Potential Impacts
The Project would have a significant impact related to the potential presence of
hazardous materials, recognized environmental concerns or potential hazards if it
to do any of the following:
a) result in a safety hazard for people residing, working or otherwise
congregating in the Project area; or
b) create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the
release of hazardous materials into the environment.
2- Findings
The Project is not anticipated to have significant impacts relative to hazardous
materials.
3. Supportive Rationale
a) Sections 7.10 of the FLIR analyze the potential for contamination arising out
of hazardous materials present on or near the Property. These analyses are
based on the following documents:
• A safety assessment by Earth Consultants International
• A summary of available information on the disease known as valley
fever (coccidioidomycosis) [Appendix G]
Although project development is unlikely to release valley fever
fungus, the possibility cannot be eliminated. As a result, in
addition to the dust control and air quality mitigation measures
City Council Resolution No. 22064 Page 21. of 44
Exhibit A — Findings of Fact
required under the EIR, the following additional mitigation
measure has been incorporated into the EIR:
MM HAZ-1 Prior to the commencement of grading activities, the
applicant shall inform all residents within 1,000 feet.
b) The proposed Project does not involve the use of hazardous materials or
substances.
c) The Project is not located within the boundaries of an airport land use plan
or within two miles of a public or private airport or airstrip.
a. The Project is consistent with the City of Palm Springs General Plan.
b. The Project site is not located on a list of hazardous materials sites
compiled pursuant to Government Code Section 66962.5.
c. The Project will not impair or interfere with implementation of any
emergency response plan. (In fact, the project would improve
emergency response times and provide additional options for
emergency evacuation).
I. HYDROLOGY AND WATER QUALITY
1. Potential Impacts
The Project would have a significant impact on hydrology and/or water quality if it
would do any of the following:
a) violate any water quality standards or waste discharge
requirements
b) substantially deplete groundwater supplies or interfere substantially
with groundwater recharge such that there would be a net deficit in
aquifer volume or a lowering of the local groundwater table level
(e.g., the production rate of pre-existing nearby wells would drop to
a level which would not support existing land uses or planned uses
for which permits have been granted)
c) substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in
a manner which would result in substantial erosion or siltation on or
offsite
d) substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
City Council Resolution No. 22064 Page 22 of 44
Exhibit A — Findings of Fact
substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on or offsite
e) create or contribute runoff water which would exceed the capacity
of existing or planned storm water drainage systems or provide
substantial additional sources of polluted runoff
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 Maps
("FIRM") or other flood hazard delineation map
h) 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
i) result in inundation by seiche, tsunami, or mudflow
2. Findings
The Project will impact hydrology and water quality on a project-specific basis. The
City Council makes the following findings for this impact:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) With implementation of the following mitigation measures, the
Project' impacts to hydrology and water quality will be less than
significant.
MM HY-1 Prior to the approval of a grading permit, the project
proponent will submit, for approval by the City Director of Public
Works, a final drainage plan based on a final hydrology study
implementing the following local and regional requirements, policies
and programs.
a) The plan shall demonstrate that off-site storm flows will not be
increased, and that all structures in the project are protected
from 100-year storm flows.
b) All proposed facilities will be privately owned and maintained
by the proposed Crescendo project Homeowners Association.
The CC&Rs for the association shall clearly specify the
requirements to maintain the drainage system in an effective
manner.
City Council Resolution No. 22064 Page 23 of 44
Exhibit A— Findings of Fact
c) The plan will include specific pollution control measures and/or
designs that meet the requirements of the National Pollution
Discharge Elimination System and keep pollutants, including
sediment, herbicides, pesticides and oils, out of surface and
ground waters.
d) The plan will address the use of on-site stormwater retention
basins, to the greatest extent practical, to enhance
opportunities for groundwater recharge, provide additional
open space and wildlife habitat value, and reduce the
necessity for and costs associated with off-site stormwater
conveyance facilities.
e) Prior to formation of the Homeowners Association, the City
Engineer shall review the proposed CC&Rs to ensure that
language requiring effective maintenance of the drainage
system is acceptable to the City_
MM HY-2 Prior to the approval of any building permit, the City
Director of Planning will review plans to ensure the following:
a) The use of drought-tolerant landscaping and water-efficient
irrigation systems for all yard areas as a means of reducing
water consumption.
b) The applicant will install low-flush toilets, low-flow
showerheads and faucets in all new construction, in
conformance with Section 17921.3 of the Health and Safety
Code, Title 20, California Administrative Code Section
1601(b), and applicable sections of Title 24 of the State
Code.
c) The project will connect to the City's sewer system. Use of
septic tanks will not be permitted.
MM HY-3 Prior to the issuance of grading permits for lots 47-49, the
applicant shall provide written confirmation from the DWA that
adequate water pressure is available to serve these lots. This
condition may be satisfied in one of three ways:
1. DWA agrees that the existing pump is adequate to
serve the project.
2. DWA accepts the applicant's offer to increase the
capacity of the existing pumping system,
3. DWA obtains separate environmental approval for its
own additional reservoirs.
City Council Resolution No. 22064 Page 24 of 44
Exhibit A— Findings of Fact
3. Supportive Rationale
The Project's potential impacts on hydrology and water quality are analyzed in
Sections 7.11 of the FEIR. These analyses are based on the hydrology reports
(FEIR Appendix F) conducted for the Project by MSA Associates, Inc. For the
reasons below, these impacts will be mitigated to less-than-significant levels.
a) During final design, the applicant will be required to specify the
BMPs that will ensure compliance with the City's NPDES
requirements.
b) The Project is unlikely to affect groundwater recharge on a project
level. They will follow water conservation guidelines in the Palm
Springs General Plan Update EIR (p. 5-100) and in the Palm
Springs General Plan (pp.11-63, 64), as well as the Water Efficient
Landscape Ordinance to mitigate the impacts to public water
supplies. The project is consistent with the Urban Water
Management Plan adopted by the Desert Water Agency_
c) There are no streams or rivers on the Project site, and the Project
will adhere to all City drainage requirements so as not to cause
erosion or siltation off site.
d) The Project's adherence to City drainage requirements will ensure
that the surface runoff caused by increased impermeable Project
surfaces will be accommodated without flooding offsite.
e) The Project's runoff, after development of the Project drainage
system, will not exceed the capacity of existing drainage systems or
provide substantial sources of polluted runoff
f) The project runoff, after implementation of the above mitigation
measures, will not substantially degrade water quality.
g) The Project site is not located within a 100-year flood hazard area.
h) There is no dam or levee near the project sites.
i) The Project area is not subject to seiches, tsunami or mudflow.
J. LAND USE AND PLANNING
1. Potentiallmoacts
The Project would have a significant impact on land use and planning if they were
to do any of the following:
City Council Resolution No. 22064 Page 25 of 44
Exhibit A— Findings of Fact
a) physically divide an established community
b) conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to
the general plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect
c) conflict with any applicable habitat conservation plan or natural
community conservation plan.
2. Findings
The Project will not impact land use and planning on a project-specific basis, so no
mitigation is required.
3. Supportive Rationale
The EIR analyzes the Project's potential land use and planning impacts in Section
7.1. For the reasons below, the Project is found to have no potential significant
impacts on land use or planning.
a) The Project is consistent with the City's land use goals and policies.
b) The Project does not conflict with any applicable land use plan,
policy, or regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect.
c) The project does not conflict with any applicable habitat conservation
plan or natural community conservation plan.
K. NOISE
1. Potential Impacts
The Project would have a significant noise impact if it were to do any of the
following:
a) expose persons to or generated noise levels in excess of standards
established in the local general plan or noise ordinance, or
applicable standards of other agencies
b) expose persons to or generated excessive ground borne vibration
or ground borne noise levels
City Council Resolution No. 22064 Page 26 of 44
Exhibit A— Findings of Fact
c) create a substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project
d) create a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without the
project
e) were 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, which would expose people residing or working in the
project area to excessive noise levels
f) were located in the vicinity of a private airstrip, which would expose
people residing or working in the project area to excessive noise
levels
2. Findings
The Project will have noise impacts on a project-specific basis, chiefly in relation to
construction activities including the potential temporary installation of a mechanical
device to crush rocks on the project site and the requirement that a noise-
mitigating structure be built to house the device. The City Council makes the
following findings for this impact:
a. All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such significant
environmental effects.
With implementation of the following mitigation measures, the Project noise
impacts are less than significant:
MM NOI — 1 Upon completion of the noise mitigation structure
around the rock crusher, the following tests will be performed
before the crusher goes into regular operation:
The noise performance of the crusher and the noise attenuation
structure will be measured at the property line of two residences
closest to the structure (one north of the site and one south)_
Other construction activities will be shut down during this test.
The noise levels at these locations will be measured when the
crusher is operating normally_ If the noise levels exceed those
specified in the City's Zoning Ordinance Section 11.74.031
Noise Level Limit and Section 11.74.032, then crusher
operations will cease until additional attenuation can be added,
or crusher operations modified, and the system retested. If the
system cannot be brought into compliance with the cited
requirements, then no rock further rock crushing activities will be
City Council Resolution No. 22064 Page 27 of 44
Exhibit A— Findings of Fact
allowed, and other means to address oversized rocks will be
required.
The results of the test will require certification by a City selected
noise consultant.
This test will be repeated at least every two months during the
construction period. If the crusher is found to be out of
compliance, then regular operations will be shut down until the
crushing system can be brought into compliance.
MM N0I-2: Prior to the issuance of grading permits, the project
proponent shall prepare, and the City shall review and approve,
a technical study that demonstrates the required temporary
structure provides sufficient noise reduction for the crusher to
meet City Requirements as determined in the City's Zoning
Ordinance Sections 11.74.031 and 11.74.032.
3. Supportive Rationale
The Project's noise impacts are analyzed in Section 7.7 of the FEIR. For the
reasons below, noise impacts can be mitigated to less-than-significant levels.
a) Implementation of Mitigation Measures NOIA and NOI-2 will ensure that
noise levels generated by the project operation and noise levels within the
project do not exceed the standards contained in the City of Palm Springs
General Plan or the City's Noise Ordinance.
b) Proposed uses within the Project do not generate excessive ground-borne
vibration. Vibration during construction will be controlled through application
of the City's Noise Ordinance.
c) The Project will be constructed in accordance with the City's General Plan
and its Noise Ordinance, so no substantial permanent increase in ambient
noise levels will result.
d) Implementation of Mitigation Measures N0I-1 and NOI-2 will ensure that
temporary noise levels generated by Project construction, and noise levels
within the Project, do not exceed the standards contained in the City of
Palm Springs General Plan or the City's Noise Ordinance.
e) The proposed Project is not in the influence area for any public-use airport,
so the aircraft noise levels at the Project site will be less than significant.
f) The proposed Project site is not located in the vicinity of any private airstrip,
City Council Resolution No. 22064 Page 28 of 44.
Exhibit A— Findings of Fact
L. POPULATION AND HOUSING
1. Potential Impacts
The Project would have a significant impact on population and housing if it were to
do any of the following:
a) induce substantial population growth into an area, either directly or
indirectly
b) displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere
c) displace substantial numbers of existing people, necessitating the
construction of replacement housing elsewhere
2. Findings
The Project will have no significant impact on population or housing. Accordingly,
the City Council finds that no mitigation measures are required with respect to
population and housing.
3. Supportive Rationale
The Project's potential impacts on population and housing are analyzed in
Sections 7.2 of the FEIR. For the reasons below, these impacts are determined to
be less than significant.
a) The Project will be constructed consistent with the requirements of
the City's General Plan, which specifies only low-density residential
development in the Project area.
b) The Project will not displace any housing as the site is currently
undeveloped and uninhabited.
c) The Project will not displace any existing people or necessitate
construction of replacement housing elsewhere because the site is
currently undeveloped and uninhabited.
M. PUBLIC SERVICES
1. Potential Impacts
The Project would have a significant impact on public services if they were to do
any of the following:
City Council Resolution No. 22064 Page 29 of 44
Exhibit A— Findings of Fact
a) result in substantial adverse physical impacts associated with the
provision of new or physically altered fire protection facilities or the
need for new or physically altered fire protection facilities (the
construction of which could cause significant environmental
impacts), in order to maintain acceptable service ratios, response
times, or other performance objectives for fire protective services
b) result in substantial adverse physical impacts associated with the
provision of new or physically altered police protection facilities or
the need for new or physically altered police protection facilities (the
construction of which could cause significant environmental
impacts), in order to maintain acceptable service ratios, response
times, or other performance objectives
c) result in substantial adverse physical impacts associated with the
provision of new or physically altered school facilities or the need
for new or physically altered school facilities (the construction of
which could cause significant environmental impacts), in order to
maintain acceptable student/teacher ratios
2. Findings
The Project will not impact public services on a project-specific basis. The City
Council makes the following findings for this impact:
a. All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such significant
environmental effects.
b. With implementation of the following mitigation measure, the
Project's impacts to public services are less than significant_
MM P5-1 Prior to the issuance of any building permit, the project
proponent shall annex to CFD 2005-1 to pay for increased police and
fire services.
3. Supportive Rationale
The FEIR analyzes potential impacts on public services in Sections 7.12. The
analyses were based on information gathered from local public agencies and City
departments. For the reasons specified below, these impacts have been
determined to be below a level of significance.
a) Per Mitigation Measure PS-1, prior to the issuance of any building
permit, the Project will annex to Community Facilities District (CFD)
2005-1, which funds necessary police and fire services for new
development.
City Council Resolution No. 22064 Page 30 of 44
Exhibit A— Findings of Fact
b) Although the Project will increase demands on Palm Springs Unified
School District, the project will pay the required school impact fee
(currently $2.14 per sf) to reduce the potential impact of additional
student population; under State law, such payment fully mitigates
project impacts to schools.
N. RECREATION
1. Potential Impacts
The Project would have a significant impact on recreation if it were to do any of the
following:
a) increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical
deterioration of the facilities would occur or be accelerated
b) include recreational facilities or required the construction or
expansion of recreational facilities that might have an adverse
physical effect on the environment
2, Findings
The Project will impact recreation on a project-specific basis. The City Council
makes the following findings for this impact:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) The Project's proponent will mitigate impacts to recreation below a
level of significance by the payment of in-lieu fees.
3. Sumortive Rationale
The Project's potential impacts on recreation are discussed in Section 7.13 of the
FEIR. These impacts can be mitigated to less than significant levels for the
reasons below.
a) The proposed Project does not include recreational facilities or
require the expansion of facilities that might have an adverse effect
on the environment.
b) The Project's proponents will pay in-lieu fees consistent with the
City's Quimby Act Ordinance 1632.
City Council Resolution No. 22064 Page 31 of 44
Exhibit A— Findings of Fact
O. TRANSPORTATION AND TRAFFIC
1. Potentiate
The Project would have a significant impact on transportation and traffic if it were
to do any of the following:
a) cause an increase in traffic which is substantial in relation to the
existing traffic load and capacity of the street system (i.e., result in
a substantial increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at intersections)
b) exceed, either individually or cumulatively, a LOS standard
established by the county congestion management agency for
designated roads or highways
c) result in a change in traffic patterns, including either an increase in
traffic levels or a change in location that results in substantial safety
risks
d) substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible use (e.g., farm
equipment)
e) result in inadequate emergency access
f) result in inadequate parking capacity
g) conflict with adopted policies, plans, or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks).
2. Findings
The Project will impact traffic and circulation on a project-specific basis. The City
Council makes the following findings for this impact:
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) With implementation of the following mitigation measures, the
Project's impacts to traffic and circulation are less than significant.
MM TR-1: Upon completion of mass grading of the Crescendo site,
the applicant shall repair all existing city streets providing
construction access to the site. The streets will be restored to a
level of quality equal to or greater than that preexisting at the start
City Council Resolution No. 22064 Page 32 of 44
Exhibit A— Findings of Fact
of construction. Any deterioration of pavement condition, including
but not limited to potholes and cracking shall be corrected to the
satisfaction of the City Engineer. All traffic control devices shall be
restored to their preexisting condition, including all pavement
markings. The following streets will be subject to this condition:
1. Racquet Club Drive West of North Palm Canyon
2. Tramway Road west of North Palm Canyon
3. North Vista Grande Avenue
4. Any other street used for construction access.
Upon completion of construction of the proposed residences, the
same assessment of street conditions will be made. In addition, all
such streets used for construction access shall be slurry sealed
and restriped.
3. Supportive Rationale
The FOR analyzes the Project's traffic impacts in Sections 73. The analysis relies
on traffic studies included as Appendix E. The key conclusions include the
following
a) The traffic generated by the project can be accommodated at an
acceptable level of service on the local street system
b) Project roadways will be designed to meet City of Palm Springs
standards, including standards for emergency access, design
features, incompatible uses, and parking.
c) The Project will conform to the City of Palm Springs General Plan
with respect to alternative forms of transportation. .
P. UTILITIES
1. Potential Impacts
The Project would have a significant impact on utilities if it were to do any of the
following:
a) exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board
b) require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the
construction of which could cause significant environmental effects
City Council Resolution No. 22064 Page 33 of 44
Exhibit A— Findings of Fact
c) require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which
could cause significant effects
d) not have sufficient water supplies available to serve the project
from existing entitlements and resources
e) result in a determination by the wastewater treatment provider
which serves or may serve the Project that it has inadequate
capacity to serve the Project's projected demand in addition to the
provider's existing commitments
f) not be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs
g) not comply with federal, state and local statutes and regulations
related to solid waste
2. Findings
The Project will have a less than significant impact on utilities
3. Supportive Rationale
Section 7.14 of the FOR analyzes the Project's impacts on utilities, including utility
improvements necessary for the Project. This analysis was based in part on the
Comprehensive General Plan for the City of Palm Springs, the City of Palm
Springs Wastewater Master Plan, and correspondence with the Desert Water
Agency (contained in El Appendix L).
a) Water: The Desert Water Agency has indicated that it has in place
facilities adequate to serve the Project long term.
b) Sewer: Sanitary sewer facilities for the Project will be provided by the
City of Palm Springs from sewer mains located nearby.
c) Electricity: Southern California Edison (SCE) provides electricity to
the City of Palm Springs and will connect to existing SCE lines
located at the Project's boundaries.
d) Natural Gas: The Southern California Gas Company has confirmed
adequate service capacity and has agreed to provide service to the
Project via adjacent existent lines.
e) Solid Waste: Palm Springs Waste Disposal Service will provide
waste disposal services to the Project.
City Council Resolution No. 22064 Page 34 of 44
Exhibit A— Findings of Fact
f) Telephone: Telephone service to the Project will be provided by
Verizon.
g) All utility improvements constructed as part of the Project will comply
with applicable County and uniform codes. Project design features
incorporate appropriate water and energy conservation measures
recommended by the California Department of Water Resources and
required by the California Code of Regulations. In addition, the
Project's utility impacts would be further mitigated by payment of
applicable utility impact fees charged by the various service providers
identified above.
Q. MINERAL RESOURCES
1. Potential Impacts
The Project would have significant impact on mineral resources if it were to do any
of the following:
a) result in the loss of availability of a known mineral resource that
would be of future value to the region and the residents of the State
b) result in the loss of availability of a locally important mineral
resource recovery site delineated in a local general plan, specific
plan, or other land use plan
2. Findings
The Project will not have significant impact on mineral resources, so no mitigation
is required.
3. Supportive Rationale
The EIR analyzes the Project's impacts on mineral resources in Section 7.16 and
finds those impacts to be below a level of significance for the following reasons:
a) The Project site has not been determined to contain important
mineral resources.
b) The Project site has not been designated as an important mineral
resource site by the City of Palm Springs General Plan or any
specific plan or other land use plan.
City Council Resolution No. 22064 Page 35 of 44
Exhibit A — Findings of Fact
R. CUMULATIVE IMPACTS
1. Potential Impacts
CEQA Guideline 15130 requires the identification of public and private projects
that, when taken together with the proposed Project, could have cumulative
impacts on the environment. The City identified 24 reasonably foreseeable
development projects in the relevant geographic area. The inclusion of those 24
reasonably foreseeable projects in the cumulative impact analysis resulted in a
conservative analysis because it is uncertain whether all of those projects will be
developed.
2. Findings
The Project will contribute to significant and unavoidable cumulative impacts on
aesthetics, short-term air quality during construction, and native desert habitat.
The Draft EIR originally concluded that the Project would have a potentially
significant and unavoidable cumulative water supply impact. However, based on
subsequent information and analysis provided in the supplement to the Draft EIR
and in light of the whole record, the Project would not have a significant and
unavoidable cumulative water supply impact. The City Council makes the
following findings for these impacts construction, and native desert habitat:
a) As discussed above, all feasible measures, changes and
alterations have been required in, or incorporated into, the Project,
which will lessen such significant cumulative environmental effects.
b) No other feasible measures exist to mitigate these significant and
unavoidable cumulative impacts.
c) For the reasons set forth below in the Statement of Overriding
Considerations, adopted concurrently by the City Council, the City
Council finds that the significant cumulative impacts identified in
this Section IX(R) are acceptable in light of the Project's overall
benefits
3. Supportive Rationale
The cumulative impacts of the proposed Project and identified related projects are
evaluated in Section 8 of the EIR, which reviews the potential cumulative impacts
for each environmental issue analyzed.
By complying with local land use and planning standards, the Project will not
substantially contribute to cumulative impacts with respect to cultural
resources, hazardous materials, population and housing, noise, public
services, recreation, transportation and traffic, utilities and service systems, land
use, hydrology and water quality (except potential groundwater supplies), geology
City Council Resolution No. 22064 Page 36 of 44
Exhibit A— Findings of Fact
and soils, agriculture, or mineral resources. The Project's contribution to these
potential cumulative impacts will be minimized by adhering to the proposed
mitigation measures and project requirements discussed above.
The analysis results in the following conclusions with respect to significant
cumulative impacts:
a) The Project will transform the site from undeveloped desert to low-
density residential development, necessarily altering the aesthetic
character of the sites permanently. This alteration may be
perceived by some as a significant impact. Full mitigation of this
impact is not feasible because it would not achieve even the most
basic project objective, which is to establish new residential
development on this site that complements the surrounding
development_
b) The Project will contribute to a cumulative loss of native desert
habitat that may be considered adverse. Full mitigation of this
impact is not feasible because it would not achieve even the most
basic project objective, which is to establish new residential
development on this site that complements the surrounding
development.
c) During the 18- to 24-month construction period, the Project may
contribute to short-term adverse cumulative impacts related to NOx
and PM10 emissions. Mitigation measures have been incorporated
which limit the amount of land that can be disturbed at any one
time, and that require that operations be shut down in high wind
events. To further mitigate this impact would require reduction of
the allowable area of grading at any one time, which would make
the project economically infeasible and would result in the
neighborhood being subject to construction disturbance for a longer
period of time.
1. Discussion
CEQA Guideline 15126 requires the evaluation of growth-inducing impacts,
including whether a project will encourage economic and population growth or the
construction of additional housing in the area.
2. Findings
The Project represents a feature of planned growth in the City of Palm Springs and
is not considered growth inducing.
City Council Resolution No. 22064 Page 37 of 44
Exhibit A— Findings of Fact
3. Supportive Rationale
Section 10.3 of the FEIR analyzes growth-inducing impacts. That section also
evaluates the Project's consistency with related regional policies of the Southern
California Association of Governments ("SCAG"), including policies relating to
population growth, housing, transportation and air quality. The FEIR makes the
following conclusions:
1. The Project is consistent with the SCAG policies relating to population
growth, housing, transportation and air quality-
2- The Project is not considered growth-inducing.
X. FINDINGS CONCERNING PROJECT ALTERNATIVES
CEQA Guideline 15126.6 requires an EIR to (1) describe a range of reasonable
alternatives to the proposed project, or to the location of the project, that would
feasibly attain most of the basic objectives of the project but would avoid or
substantially lessen any of the significant effects of the project; and (2) evaluate
the comparative merits of the alternatives. In analyzing the feasibility of an
alternative, the CEQA Guidelines list the following factors: site suitability; economic
viability; infrastructure viability; social, legal and technological issues; and
jurisdictional boundaries. The purpose of the consideration and discussion of
alternatives to the proposed project is to identify ways to mitigate or avoid the
significant effects that a project may have on the environment. In doing so, CEQA
Guideline 15126.6 also directs that the analysis of alternatives be limited to
alternatives to the project or its location that are capable of avoiding or
substantially lessening any significant effects of the project, even if these
alternatives would impede to some degree the attainment of project objectives, or
would be more costly.
The selection and discussion of alternatives to the project is intended to foster
meaningful public participation and informed decision-making. An EIR need not
consider an alternative whose effect cannot be reasonably ascertained and whose
implementation is remote or speculative. CEQA Guideline 15126.6 also requires
the analysis of a "No Project" alternative and the identification of an
"Environmentally Superior Alternative." If the environmentally superior alternative is
the No Project Alternative, then the EIR is required to identify an environmentally
superior alternative among the remaining alternatives. Finally, CEQA Guideline
15126.6 requires an EIR to identify any alternatives that were considered by the
lead agency but were rejected as infeasible during the scoping process and briefly
explain the reasons underlying the lead agency's determination of such
infeasibility.
City Council Resolution No. 22064 Page 38 of 44
Exhibit A— Findings of Fact
A. Alternatives Considered But Rejected
Several alternatives were considered that did not warrant further review in the EIR.
Alternatives Analyzed in the EIR. These included:
• Public purchase of the site
• Off-site development alternatives
B. Alternatives Analyzed in the Final EIR
The City Council has considered the following alternatives for the Crescendo
Project identified in the EIR:
• No Project Alternative
• Reduced Grading Alternative
• Custom Lot Alternative
• Reduced Density Alternative
• No PDD Alternative
The City has rejected those alternatives as infeasible or contrary to the project
objectives for the reasons hereinafter stated:
No Project Alternative
1. The No Project Alternative, as required by CEQA, assumes that the project
site would remain in its existing undeveloped condition.
2. The No Project Alternative would eliminate all impacts associated with the
construction of structures and introduction of residents to the site, including
significant and unavoidable adverse effects to:
• air quality
• aesthetics
• cumulative impacts
• adjacent residents during construction
3. Because the No Project Alternative would eliminate or reduce development-
related environmental impacts, it is considered "Environmentally Superior'
to the project.
4. The No Project Alternative fails to meet the following project objectives (See
Section 4.3 of the Final EIR):
• To create high quality in-fill development in an area that has already
undergone substantial development, without intruding into
undeveloped areas of the Chino Cone. The Crescendo project
City Council Resolution No_ 22064 Page 39 of 44
Exhibit A— Findings of Fact
achieves the objective of creating in-fill development because the site
is among the last remaining substantial areas of vacant land within
the otherwise developed area bounded by Highway 111 on the east,
Tramway Road on the north, the Agua Caliente Indian Reservation
lands to the west, and Vista Chino to the south.
• To create in-fill development is likewise one of the objectives set forth
in the City of Palm Springs General Plan (See Objective 3.2, page I-
19 of the [existing] General Plan.).
• To create new residential development reflective of and
complementary to the overall pattern and character of existing
surrounding uses.
• To provide luxury semi-custom residences that take advantage of the
unique physical features offered only in Palm Springs. The City of
Palm Springs has worked for many years toward the revitalization of
its downtown area and overall commercial base. A critical component
in such an effort is assuring that the City can provide quality housing
to attract residents and second residence owners who become the
market for and support the businesses located in Palm Springs. In
recent years, more and more luxury residential development has
occurred in down-Valley cities, following and feeding commercial
development in those same communities. It is critical to assure that
Palm Springs can offer similar quality housing opportunities if the City
is to maintain the residential base needed to support the local
economy and assure the City's place as a world-class resort.
• To take advantages of the views from the project site_
• To create residence values that will meet or exceed the values of the
housing in the surrounding neighborhoods.
5. The No Project Alternative would eliminate public benefits associated with
the project including the proposed trail system, improved drainage and
development associated fees to the City.
6. It is uneconomical to maintain the project site in its current state over the
long-term, given its location within a developing area. Pressure to develop
the land for higher economic uses will continue. Therefore, the No Project
Alternative may postpone rather than preclude development.
7. The No Project alternative is inconsistent with the General Plan and current
City zoning.
Reduced Grading Alternative
1. The Reduced Grading Alternative seeks to reduce overall grading at the
project site by reorienting street system to minimize lot-to-lot grade
differences.
City Council Resolution No. 22064 Page 40 of 44
Exhibit A-- Findings of Fact
2. As compared to the proposed project, the impacts of the Reduced Grading
Alternative would be marginally less than the proposed project, but still
significant in the following categories.
• Aesthetics
• Air Quality
While impacts in these categories would be slightly less than the proposed
project, the following significant impacts would remain the same.
• Emissions of criteria pollutants on the "worst case" daily basis, which
is the criteria for significance recommended by the South Coast Air
Quality Management District
• The primary aesthetic impact is the change of the site from
undeveloped to developed, which will be the same with the proposed
project.
3. Impacts in other environmental categories are the same as the proposed
project, or else the impacts of the proposed project are less than significant.
4. The Reduced Grading Alternative fails to meet the following project
objectives (See Section 4.3 of the Final FIR):
• To take advantages of the views from the project site, views from the
proposed project are oriented in an east-west direction, and new
residents will have primary views of Mount San Jacinto to the west,
and down-valley areas to the east. The Reduced Grading Alternative
would shift such primary views from Mount San Jacinto to views of
the Banning Pass. Based on information and data provided by the
applicant and by real estate agents in the City, views of Mount San
Jacinto are a primary factor in establishing the value of properties in
the area.
Reduced Density Alternative
1. The reduced density alternative would develop fewer units than the
proposed project.
2. As compared to the proposed project, the impacts of the Reduced Density
Alternative would be less than the proposed project, but still significant in the
following categories.
• Aesthetics
• Air Quality
City Council Resolution No. 22064 Page 41 of 44
Exhibit A — Findings of Fact
While impacts in these categories would be slightly less than the proposed
project, the following significant impacts would remain the same.
• Emissions of criteria pollutants on the "worst case" daily basis, which
is the criteria for significance recommended by the South Coast Air
Quality Management District
• The primary aesthetic impact is the change of the site from
undeveloped to developed, which will be the same with the proposed
project.
3. The Reduced Density alternative has greater adverse impacts to land use,
since the size of the proposed lots would be inconsistent with the lot sizes in
the adjacent neighborhoods (See Table 7.1-B of the Final EIR). Reduced
density would mean further increasing the lot sizes, which would increase
the incompatibility. The average lot sizes of the proposed Crescendo home
sites are already approximately 50% larger than the adjacent sites. The
existing homes surrounding the Crescendo site are typically smaller homes
on smaller lots, and the large lots and large homes associated with custom
lots would substantially change the character of the neighborhood.
Custom Lot Alternative
1. The custom lot alternative would develop the same number of units in the
same layout as the proposed project, but all the lots would be sold as
custom lots, and individually developed.
2. As compared to the proposed project, the impacts of the Custom Lot
Alternative would be less than the proposed project, but still significant in the
following categories.
• Aesthetics
• Air Quality
While impacts in these categories would be slightly less than the proposed
project, the fallowing significant impacts would remain the same.
• Emissions of criteria pollutants on the "worst case" daily basis, which
is the criteria for significance recommended by the South Coast Air
Quality Management District
• The primary aesthetic impact is the change of the site from
undeveloped to developed, which will be the same with the proposed
project.
3. Because the Custom Lot Alternative would reduce development related
environmental impacts, it is considered "Environmentally Superior" to the
project.
City Council Resolution No. 22064 Page 42 of 44
Exhibit A— Findings of Fact
4. The Custom Lot Alternative is considered economically infeasible for the
following reasons (based on information and data supplied by the
applicant):
• In today's economic environment, custom lots are only viable for
high-priced homes. For mid-priced homes, production homebuilders
can provide much more value for the money through economies of
scale.
• Custom home-sites must be one-half acre or greater in size to attract
custom homebuyers, and most of the proposed lots are smaller than
one half acre-
The existing homes surrounding the Crescendo site are typically
smaller homes on smaller lots, and the large lots and homes
associated with custom lots would substantially change the character
of the neighborhood. From a marketing standpoint, large lots and
homes beyond what is being proposed in an area such as this
surrounded by smaller lots and homes makes the project less
marketable, requiring longer holding periods and making the project
economically infeasible.
• In the opinion of the applicant, there is a limited market for custom
home sites. The applicant has agreed to make the Boulders project a
custom home-site project, and his opinion is that there is insufficient
demand for custom home sites on the Crescendo Site as well.
No PDD Alternative
1. The No PDD Alternative would be similar to the proposed project, but No
PDD would be proposed. Therefore, lot sizes and heights would be
controlled by existing City zoning requirements. The density would be
reduced by several lots by this change.
2. As compared to the proposed project, the impacts of the Custom Lot
Alternative would be less than the proposed project, but still significant in the
following categories.
• Aesthetics
• Air Quality
While impacts in these categories would be slightly less than the proposed
project, the following significant impacts would remain the same.
• Emissions of criteria pollutants on the "worst case" daily basis, which
is the criteria for significance recommended by the South Coast Air
Quality Management District
City Council Resolution No. 22064 Page 43 of 44
Exhibit A — Findings of Fact
• The primary aesthetic impact is the change of the site from
undeveloped to developed, which will be the same with the proposed
project.
3. The No PDD Alternative is considered infeasible because it is inconsistent
with the intent of the City's hillside grading ordinance. The basic lot
dimensions established in the City's zoning ordinance are designed for
rectangular lots on flat land. The PDD process allows for variation in lot
dimensions that better conform to the land in the Project area.
Findings
a) The EIR considered a reasonable range of alternatives to the Project.
b) The City Council finds that none of the proposed alternatives is
environmentally superior to the Crescendo Project, because they are
infeasible, have increased environmental impacts, or would not reduce
impacts below significant levels.
XI. RECIRCULATION
As described in Section 1 of the FEIR, several minor changes were made in
response to comments on the DEIR that clarify, amplify or make insignificant
modifications to the DEIR. The information added to the FEIR has not deprived the
public of a meaningful opportunity to comment upon any significant environmental
effect of the Project or any feasible way to mitigate or avoid such an effect.
Accordingly, the City Council finds that no "new significant information" (as that
term is defined in CEQA Guideline 15088.5[a]) was added to the EIR since the
release of the DEIR that would warrant recirculation as provided in CEQA
Guideline 15088.5.
XII, GENERAL CONSIDERATIONS
Each and all of the Findings and determinations contained herein are based on the
competent and substantial evidence, both oral and written, contained in the entire
record relating to the EIR. All of the language included in these Findings
constitutes Findings by the City Council, whether or not any particular sentence or
clause includes a statement to that effect. All summaries of information in these
Findings are based on the entire record of the proceedings, and the absence of
any particular fact from any such summary herein is not an indication that a
particular finding is not based, in part, on that fact-
The City Council's analysis and evaluation of the EIR and the Project is based on
the best information currently available. This practical limitation is acknowledged in
CEQA Guideline 15151, which provides that "the sufficiency of an EIR is to be
reviewed in light of what is feasible."
City Council Resolution No. 22064 Page 44 of 44
Exhibit A — Findings of Fact
City Council Resolution No. 22064
Exhibit B
CRESCENDO PROJECT: STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the City Council to balance
the benefits of a proposed project against its unavoidable environmental risks in
determining whether to approve the project (Public Resources Code §21081[b]); 14
Cal. Code Regs §§15043, 15093[a]). As documented in the EIR and the Findings of
Fact for the Project, the Project will result in significant and unavoidable direct and/or
cumulative environmental effects relating to aesthetics, short-term air quality, and the
loss of native desert habitat. Although not considered an adverse effect under the
CEQA Guidelines, the construction of the Crescendo (and Boulders) projects will
create a temporary cumulative neighborhood disruption for the existing residents
during the estimated 18 to 24 months of major construction for both projects.
Having reduced the adverse significant environmental effects of the Project to the
extent feasible by adopting the proposed mitigation measures, having considered the
entire administrative record on the Project, and having weighed the benefits of the
Project against its unavoidable adverse impacts after mitigation, the City Council has
determined that social, economic, and environmental benefits of the Project outweigh
the potential unavoidable adverse environmental impacts and render those potential
unavoidable adverse environmental impacts acceptable. Each of the following benefits
constitutes an overriding consideration warranting approval of the project, independent
of the other benefits, despite the significant and unavoidable environmental effects-
1. The Project will result in the construction of 79 high-end residences in the
City of Palm Springs. According to economic data provided to the City
Council, the following economic benefits would accrue from both the
Boulders and Crescendo projects (combined):
• One-time benefits to government agencies in the amount of $4 million
from school fees, public park fees, building permit fees, TUMF fees, flood
control fees and other fees.
• Ongoing annual payments to government agencies in the amount of
$2.86 million/year.
• Increase in the disposable income of Palm Springs residents of $8.5
million annually.
• Residents of the proposed development will, by necessity, have high
incomes, which will increase the demand for high-end retail in the City of
Palm Springs.
City Council Resolution No. 22064 Page 2 of 2
Exhibit B — Statement of Overriding Considerations
2. Because the streets will be privately owned, and police/fire costs will be at
least partially offset by an assessment district, the net financial impact to the
City will be positive.
3. The Project will provide a six-foot-wide bicycle and pedestrian trail on three
sides of the site.
4. The Project will result in the buildout of Racquet Club Drive adjacent to the
Project.
5. The Project will result in a landscaped buffer along Tramway Road.
6. The Project will result in the construction of a segment of the Master Plan of
Drainage.
In view of the foregoing, the City Council adopts this Statement of Overriding
Considerations, finding that the benefits of the Crescendo project outweigh its
significant and unavoidable direct and cumulative impacts.
Resolution No. 22064
Exhibit C
Crescendo Project Environmental Impact Report
Mitigation Monitoring Program
November 7 2007
Responsible Party Monitoring Method of Sanctions
_ Frequency _ Verification
DPS-Director of Planning A- Prior to issuance of A-On-site inspection 1-Withhold Grading or
Services or designee Grading Permit _ Building Permit
CE-City Engineer or B- Prior to issuance of B- Other Agency 2-Stop Work Order
designee Buildin Permit Pemmit/A roval
CT-California Department of C-Prior to Construction C-Plan Check 3-Withhold approval of
Transportation or desigriee grading plan
PC-Planning Commission or D-Throughout D-Separate Submittal 4-Withhold design review
designee Construction (Reports/Studies/Plans approval
NC-City designated noise E-Prior to the approval E- Planning 5-Withhold occupancy permits
consultant or designee of grading plan Commission Approval
DPW-Director of Planning F-Prior to start or rock F-Payment of fees
Services crushing
BM-Biological Monitor or G-Throughout Grading
designee
H-Prior to design
review approval
I-Upon completed
construction
l
Project File Name: Applicant:
Prepared By; LSA Associates Date: November 7 2007
Mitigation Measures No./Implementing'Actioo Responsible Monitoring Timing of Verification Method of Verified Sanctions for
for Frequency'" Verification Date/Tnitials Non-'
Monitorin Com fiance
Mitigation from Environmental Impact Report T
Transl2ortation and Traffic ,
MM TR-1: Upon completion of mass grading of the CF CID/I Prior to issuance of A 1/2/5
Crescendo site,the developer shall repair all existing building
City streets providing construction access to the site- pcmnts/Throughout
The streets will be restored to a level of quality equal construction/Upon
to or greater than preexisting at the start of completed construction
construction. Any deterioration of pavement
condition,including but not limited to potholes and
cracking shall be corrected to the satisfaction of the
City Engineer.All traffic control devices shall be
restored io their preexisting condition,including all
pavement markings. The following streets shall be
subject to this condition
1. Racquet Club Drive West of North Palm
Canyon
2- Tramway Road west of North Palm Canyon
3. North Visra Grande Avenue
4- Any other streets used for construction
access
Upon completion of construction of the proposed
residences,the same assessment of street conditions
will be made.In addition, all such streets used for
construction access shall be slurry sealed and
resfi ed.
2
Mitigation Mensures No./Implementing Action Respoosible 'Monitoring ',Timing of Verification Method of Verified Sa�tctinna for .
for , "regnen,cy Verification Date/Initiels„ Non-
Monitoring, Com linncd
Cultural Resources
MM CULT-1:Prior to the approval of any grading DPS E Prior to approval of C 3
plan,the Director of Community Development of the grading plan
City of Palm Springs will ensure that the following
specification is included with grading requirements:
In the event of the accidental discovery or
recognition of any human remains in any location
on the project site other than a dedicated cemetery,
the following steps will be taken:
1.There will be no further excavation or
disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human
remains until.
(a)The Riverside County Coroner is contacted to
determine that no investigation of the cause of
death is required,and
(b)If the Coroner determines the remains to be
Native American:
• The Coroner will contact the Native
American Heritage Commission(NAHC)
within 24 hours.
• The NAHC will identify the person or
persons it believes to be the most likely
descended from the deceased Native
American.
• The most likely descendent(MLD) may
make recommendations to the landowner or
the person responsible for the excavation
work, for means of treating or disposing of,
with appropriate dignity, the human remains
and any associated grave goods as provided
in Public Resources Code Section 5097 98,
Or
3
Mitigation Meastu'es No./Lnplementing A,cti,no ResponsiW, 'i19ogitoring Timing ofVerification Method of Verified Sanctions for
'for Frequency Verification Date/Initials Noo-
^ti Monitorin ' compliance,
2. Where the following conditions occur,the
landowner or his authorized representative will
rebury the Native American butuan remains and
associated grave goods with appropriate dignity
on the property in a location not subject to
further subsurface disturbance:
(a) The NAHC is unable to identify an
MLD.
(b) The MLA identified failed to make a
recommendation within 24 hours after
being notified by the NAHC.
(c)The landowner or his authorized
representative rejects the
recommendation of the MLD, and the
medianon by the NAHC fails to provide
measures acce table to the landowner.
Aesthetics
MM AES-1:The project shall incorporate as many DPS F Pnor to grading plan C 3
of the existing boulders as possible into project approval
landscaping,residential landscaping,slopes,and
drainage courses.
MM AES-2:The slopes along the eastern side of the CE A Prior to issuance of C 1
Crescendo project,adjacent to existing development, grading permit
shall average 3.5:1 and shall vary between 3:1 and
4:1.This slope configuration shall be reflected on
the grading plans for the project and subject to
review and approval of the City prior to the issuance
of a grading ermit for the pr2ject,
MM AES-3:Two-story elements will be prohibited DPS H Prior to Design Review C 4
along lots backing up to Racquet Club Drive,the Approval
eastern project edge(including Vista Grande)and
Tramway Road.
Air Quality
4
Mitigation Measures No./Implementing Actinu Responsible, 7Mnriitorin Timing of Verification Method of Verified Sanctions for
for, Frequency, Verification, Date/Initials Non-
Monitorin'
Coin liance
MM AIR-1:Prior to the approval of a final grading DPS/PC E Prior to approval of D/E 3
plan by the City,the project proponent shall submit grading plan
a detailed Grading and Rock Management Plan for
review and approval by the Planning Commission.
This plan shall specify the following:
I, Final estimates for grading volumes,including
cut and fill,off site export of unsuitable
material,and import of appropriate material.
Refined estimates for emissions of
impor]/export trips will be provided.
2. Final estimates of on-site rock that can be
incorporated into the site for fill,landscaping
elements,or use in the decorative walls of
residences, including rock that may be reduced
in size,using the Nonex process.
3. Active grading shall be limited to 2.5 acres of
disturbed areas,
4. If on-xite rock crushing is proposed and
approved by the City when the project is
approved,then the location and emission
factors of the exact equipment proposed to be
used will be provided.An updated analysis
shall be submitted to the City demonstrating
that PM10 and NO,emissions shall not exceed
the SCAQMD daily limits,and that rock-
crushing PMio emissions are equivalent to those
listed in AP-42,Fifth Edition, Volume 1,
United States Environmental Protection
Agency,January 1995 for"controlled
emissions."
5, If on-site rock-crushing is not proposed,or is
disallowed by the City when the project is
approved,then an updated emissions analysis
shall be provided based upon the relocation
plan for rocks that cannot be used on-site and
the final length of the trip to the rock disposal
5
Mitigation Measures No./implementing Action Responsible Monitoring' Timing of'Verification Method of Verified Sanctions for
for; Frequency Verification Date/initials
Non-Compliance
site.An updated analysis shall be submitted to
the City demonstrating that PM,emissions
shall not exceed the SCAQMD daily limits. If
the City overrides the potential NO,emission
exceedance when the project is approved,then
the Grading and Rock Management Plan shall
demonstrate how the NO,emissions will be
limited to within 25%of the SCAQMD
construction threshold for NO,
6. Prior to the commencement of grading,the City
of Palm Springs shall retain,at the developer's
expense,an air quality monitor who shall be
present on site at least three hours per day
during grading operations. The monitor shall
have the ability w"stop work"if visible dust is
seen escaping from the site,or if other measures
specified in the Grading and Rock Management
Plan are not observed.
7. The plan shall demonstrate how the City's
standard mitigation measures,listed in Section
8.50 of the Palm Springs Municipal Code,shall
be incoxporated into project construction.
MM AIR-2: Mass grading of the Boulders and the CE A Prior to the issuance of A 1
Crescendo sites shall not occur simultaneously. grading permit
Accordingly,all graded areas of the first site shall
be stabilized prior to the issuance of a grading
permit for the second site.
MM ATR-3: The applicant shall require the CE A/B Prior to issuance of C 1
construction contractor to use construction grading/building permit
equipment with low emission factors and high
energy efficiency.Prior to issuance of beading and
building permits,the City shall verify that grading
and construction plans include a prominently
dig la ed statement that all construction equipment
6
Mitigation Measures No./implementing Action Responsible Monitoring Timing'of Verification Method of Verified Sanctions for
for' 1Nreynency 1, Verification Date/Initlala -Non-,
MonitorinLr Compliance
must(1)be tuned and maintained in accordance
with manufacturers' specifications and(2)meet or
exceed Tier 2 standards,including the use of
emulsified diesel fuels and oxidation catalysts
particulate traps or other verified/certified
technologies.Note: Such equipment and fuels may
not be available yet in the Palm Springs area;
therefore,the note"as feasible"applies.No
mitigation credit was taken m this analysis for such
mitigation.
MM AIR-4t Al]residential fireplaces will be fueled DPS B Prior to the issuance of C 1
by natural gas. building permit
MM AIR-S: Exterior electrical outlets will be DPS B Prior to issuance of C 1
provided in fronts and backs of residential units to building permit
facilitate use of electric landscape equipment.
Noise
MM NOT—1 Upon completion of the noise NC F Prior to the start of rock A 2
mitigation structure around the rock crusher,the crushing
following tests will be performed before the crusher
goes into regular operation:
The noise performance of the crusher and the noise
attenuation structure will be measured at the property
line of two residences closest to the structure(one
north of the site and one south). Other construction
activities will be shut down during this test.The
noise levels at these locations will be measured when
7
Mitigation Measures No./Implementing Action Responsible• "Monitoring' Uning of Verification Method of Verltied Sanctions for
for Frequency Verification Date/lnitials Non-
Monitoring-, Coni liance
the crusher is operating normally.If the noise levels
exceed those specified in the City's Zoning
Ordinance Section 11,74.031 Noise Level Limit and
Section 11.74.032,then crusher operations will cease
until additional attenuation can be added,or crusher
operations modified,and the system retested.Tf the
system cannot be brought into compliance with the
cited requirements,then no further rock crashing
activities will be allowed, and other means to address
oversized rocks will be required.
The results of the test will require certification by a
City-selected noise consultant.
This test will be repeated at least every two months
during the construction period.Tf the crusher is found
to be out of compliance,then regular operations will
be shut down until the crashin.system can be
brought into compliance.
This measure requires actual"in-the-field"
compliance with the City's requirements,
MM NOI-2:Prior to the commencement of the CB A Prior to the issuance of D 1
issuance of grading permits,the project proponent grading permits
shall prepare,and the City shall review and approve,
a technical study that demonstrates the required
temporary structure provides sufficient noise
reduction for the crusher to meet City Requirements
as determined in the City's Zoning Ordinance
Sections 11.74.031 and 11,74,032
Biological Resources
MM 1310-I: None of the following non-native, DPS B Prior to the issuance of C 1
exotic species shall appear in the plant palette that building perinii
may be submitted or included in landscape plans
r arcd for theproject:
8
Mitigation Measures No./Xmplementing Action Responsible- Monitoring ,`, Timing of Veriti;entioa' Method of Verified Sanctions for
for Frequency Verificatiott Date/Initials Non-
Monitoring Compliance
BOTANICAL NAME
Acacia spp- (all species except A. gteggii)
Arundo donaz(.c)
Atriplexsemlbaccata (x)
Avena barbata
Avena fatua
Brassica tournefortii(xx)
Bromus madritensis ssp.rubens(x)
Bromus tectorum (xx)
Cortaderiajubata [syn.C. atacamensis]
Cortaderia diozca[syn.. C. selloona]
Descurainta sophia
Eichhornia crassipes
Elaegnus angustifolia
Foeniculum vulgare
Hirschfeldia incana
Lepidium latifolium
Lolium mult flonmz
Lollium percnne
Nerium oleander
Nicotiana glauca (x)
Oenothera berlandieri
Olea europea
Parhinsoma aculcata (x)
Pennisetum clandestinum
Pennisetum setaceunz
Phoenix canariensis(N)
Phoenix dactylifera (#)
9
Mitigation Measures No./Implementing Action Responsible ' Monitoring Timing of Verification Method of Verified Sanctions for
for , Frequency Verification Date/Initials Non-
Monitoring Com fiance
Ricinus communrs(,T)
Salsola tragus(x)
Schinus molle
Schinus terebinthiirolius
Schismus arabicus
Schismus barbatus(xz)
Stipa capensis(xx)
Tamara spp. (all species) (xx)
Taeniatherum capzlt-medusae
Tribulus terrestris
Vinca major
Yucca glorlosa (#)
Source: CVAG MSHCP;California Exotic
Pest Plant Council,United States
Department of Agriculture-Division of
Plant Health and Pest Prevention Services,
California Native Plant Society,Fremonda
Vol-26 No.4,October 1998, The Jepson
Manual;Higher Plants of California,and
County of San Diego Department of
Agriculture`
Key to Table
#indicates species not on CaIEPPC
October 1999"Exotic Pest Plants of
Greatest Ecological Concern in California"
list
X indicates species known to be invasive
in the MSHCP Plan Arca
XX indicates particularly troublesome
invasive species
MM BIO-2:A biological monitor shall be located BM G Throughout Gradin- A 2
10
Mitigation Measures No./lmplementing Action Responsible Monitoring Timing of Verification Method of Verified Sanctions for
Non-
to,, Frequency Verification Dnte/Initials Non-
Monitorw, Com fiance
onsite during grading operations to remove and
relocate any specimens of red diamond rattlesnake
that are encountered.
Hazards and Hazardous Materials
MM HA7 1:Prior to the commencement of_lading DPS A Prior to the issuance of A 1
activities,the developer shall inform all residents grading permit
within 1,000 feet.
Hydrology and Water.Quality
AIM HY-1 Prior to the approval of a grading permit, DPW A Prior to issuance of C/D 1
the project proponent will submit,for approval by grading
the City Director of Public Workc,a final drainage
plan based on a final hydrology study implementing
the following local and regional requirements,
policies and programs.
a) The plan will demonstrate that of--site storm
flows will not be increased,and that all structures
in the project are protected from 100-year storm
flows.
b) All proposed facilities will be privately owned
and maintained by the proposed Boulders project
Homeowners Association.The CC&As for the
association shall clearly specify thu requirements
to maintain the drainage system in an effective
manner.
c) The plan will include specific pollution control
measures and/or designs that meet the
requirements of the National Pollution Discharge
Elimination System and keep pollutants,
including sediment,herbicides,pesticides and
oils,out of surface and ground waters.
d) The plan will address the use of on-sire
siormwater retention basins,to the greatest extent
practical,to enhance opportunities for
groundwater recharge,provide additional open
space and wildlife habitat value,and reduce the
rl
Mitigation Measures No./lmplementing Action Responsihle' 'Monitorjng Timing of Verification Method of Verified Sanctions for
for Frequency Verification Date/lnitials Non-
Monitorin Com fiance
necessity for and costs associated with off-site
stormwater conveyance facilities.
c)Prior to formation of the Homeowners
Association,the City Engineer shall review the
proposed CC&Rs to ensure that language
requiring effective maintenance of the drainage
system is acceptable to the Cit .
MM RY-2 Prior to the approval of any building DPS B Prior to the issuance of C 1
permit,the City Director of Planning will review building permit
plans to ensure the following:
a) Drought-tolerant landscaping and water-
efficient irrigation systems will be used as a
means of reducing water consumption in all
yard areas, consistent with the City of Palm
Springs Efficient Landscape Ordinance.
Conditions in the ordinance that apply to
multi-family residences will be applied to this
project.
b) The project developer will install low-flush
toilets,low-flow showerheads and faucets in
all new construction,in conformance with
Section 17921.3 of the Health and Safety
Code,Title 20,California Administrative Code
Section 1601(b), and applicable sections of
Title 24 of the State Code.
c) The project will connect to the City's sewer
system. Septic tanks will not be permitted.
MM HY-3 Prior to the issuance of grading permits DPS A Prior to the issuance of D 1
for any lots where adequate water supplies and fire grading permit
flows would require pumping from the existing
reservoirs,the applicant shall provide the City with
written confirmation from the DWA that adequate
water pressure is available to serve these lots.
12
Mitigation Mensitres No./Implementing Action, Responsible , Monitoring Y'Iml'ng o"e�rification Method of ' Verified Sanctions for
for Fregttency; " Verification Date/Initials Non-
' Monitoring Compliance
This condition may be satisfied in one of three
manners:
1. DWA agrees that the existing pump is
adequate to serve the project.
2 DWA accepts the developers offer to
increase the capacity of the existing pumping
System,
3- DWA obtains separate environmental
approval for its own additional reservoirs.
Public Services
MM PS-1:Prior to the issuance of any building permit, DPS R Prior to the issuanceof F 1
the project proponent shall annex to CFD 2005-1 co pay building permits
for increased police and fire services.
13
City Council Resolution No. 22064
Exhibit D
CRESCENDO PROJECT: CONDITIONS OF APPROVAL
November 7, 2007
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING DEPARTMENT:
Administrative:
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.0996, PD-294 and TTM
31766. The City of Palm Springs will promptly notify the applicant of any such
claim, action, or proceeding against the City of Palm Springs and the applicant will
either undertake defense of the matter and pay the City's associated legal costs or
will advance funds to pay for defense of the matter by the City Attorney. If the City
of Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
3. The property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the
City Council Resolution No. 22064 Page 2 of 21
Exhibit D — Conditions of Approval
curb and property line, including sidewalk or bikeway easement areas that extend
onto private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's
sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
` 4. Prior to recordation of the final map or, at the City's option, prior to issuance of
certificate of occupancy, the developer agree to support formation of or annexation
into a Community Facilities District (CFD) to include the project site. Developer
further agrees to waive any right of protest or contest such formation or
annexation, provided that the amount of any assessment for any single family
dwelling unit (or the equivalency thereof when applied to multiple family,
commercial or industrial) as established through appropriate study shall not
exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to
an annual consumer price index escalator. Prior to sale of any lots, or prior to the
issuance of any certificate of occupancy, or prior to any approval of the Building
Official that will allow the premises to be occupied, the CFD shall be farmed, the
annexation thereto shall occur, or at the option of the City Manager and Building
Official, a covenant agreement may be recorded against any affected parcel(s)
with the project, evidencing the Owner's binding consent, approval, and waiver of
rights as provided in this condition of approval.
5. The applicant, prior to issuance of building permits, shall submit a draft declaration
of covenants, conditions and restrictions ("CC&R's") to the Director of Planning
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to certificate of occupancy. The CC&R's shall be enforceable by the City,
shall not be amended without City approval, and shall require maintenance of all
property in a good condition and in accordance with all ordinances.
6. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3,500, for the review of the CC&R's by the City Attorney. A $631 filing fee, or the
fee in effect at the time of submission, shall also be paid to the City Planning
Department for administrative review purposes.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland.
City Council Resolution No. 22064 Page 3 of 21
Exhibit D — Conditions of Approval
8. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1.2% for commercial projects or %% for
residential projects with the first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be based on the project
site, said location shall be reviewed and approved by the Director of Planning and
Zoning and the Public Arts Commission, and the property owner shall enter into a
recorded agreement to maintain the art work and protect the public rights of
access and viewing.
9. The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library and cultural services are near
capacity, Accordingly, the City may determine to form a Community Services
District under authority of Government Code Section 53311 et seq, or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right of protest, provided
that the amount of such assessment shall be established through appropriate
study and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel.
Environmental Assessment:
10. The mitigation measures of the environmental impact report shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the final environmental impact report will be included in the plans prior to
Planning Commission consideration of the environmental assessment
Final Design:
11. If, within two (2) years after the date of approval by the City Council of the
preliminary development plan, the final development plan, as indicated in Section
94.03.00(1), has not been approved as provided below in Condition #12, the
procedures and actions which have taken place up to that time shall be null and
void and the Planned Development District and Tentative Tract Map shall expire.
Extensions of time may be allowed for good cause.
City Council Resolution No. 22064 Page 4 of 21
Exhibit D — Conditions of Approval
12. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final construction plans shall include site
plans, building elevations, floor plans, roof plans, fence and wall plans, entry
plans, landscape plans, irrigation plans, exterior lighting plans, street
improvement plans and other such documents as required by the Planning
Commission and City Council. Final construction plans shall be submitted within
two years of approval. The Final Planned Development District shall be reviewed
and approved by the Planning Commission and City Council.
13. Pad heights and roof elevations shall be specified for each lot as a part of the
Final Development Plan.
14, No retention basin may extend past property lines of the project site.
15. An exterior lighting plan in accordance with Zoning Ordinance Section 9321.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down-lights shall be utilized.
16. If lights are proposed to be mounted on buildings, down-lights shall be utilized.
17. A photometric study shall be required for the entries.
Architecture and Landscaping:
18. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning Services for review and approval
prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
19. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
20. No exterior down spouts shall be permitted on any fagade on the proposed
building(s) that are visible from adjacent streets or residential land commercial
areas.
City Council Resolution No. 22064 Page 5 of 21
Exhibit D — Conditions of Approval
21. The design, height, texture and color of fences and walls shall be submitted for
review and approval prior to issuance of building permits. All walls shall be located
back from top of slope to permit screening by landscaping and stacked boulders.
Walls and fences shall be adequately and entirely screened by stacked boulders.
22. The street address numbering/lettering shall not exceed eight inches in height.
23. Details of fencing (materials and color) submitted with final landscape plan.
24. The retention areas shall be fenced; they shall be opened and fully landscaped.
(added by the City Council on 10/17/07)
25. All proposed walls shall be located back from the top of slope and shall be
screened by landscaping and boulders. (added by the City Council on 10/17/07)
26. The developer shall be required to construct split level designs where possible
within the new subdivision. (added by the City Council on 10/17/07)
27. The path of travel to the common trail area shall be compliant with the disabled
access codes.
28. Front and rear yards shall be fully landscaped prior to issuance of a certificate of
occupancy. The landscape palate shall utilize drought tolerant species. Planting
of turf shall be prohibited from front yards. Turf shall otherwise be limited to
active recreation areas in rear yards only (including private yards). The utilization
of desert vegetation shall be incorporated throughout the project site. The
developer shall be responsible for installation of front and rear yard landscape,
irrigation and exterior lighting. The HOA will be responsible for enforcement of
these requirements.
29. Planned Development District (PD 294) development standards are approved as
follows:
Front Yard 10', with 20' to face of garage
Side Yard — Interior Lot 10,
Side Yard — Corner Lot 12'
Rear Yard — lot to lot 15,
Rear Yard — backing to Local or Collector street 15'
Rear Yard — Backing to Major Street 25'
Height— Dominant ridgeline 18,
Projections and architectural features 21'
Second Story, max. 600 square feet
City Council Resolution No. 22064 Page 6 of 21
Exhibit D — Conditions of Approval
a) No second story units allowed along perimeter of the project or adjacent to another
second story unit. Second story units shall be limited to a maximum of 25% of the
total number of lots (19 total).
27. A perimeter pedestrian trail, a minimum of 6' (six foot) in width shall be required
around the project. A minimum of three shaded seating areas, with water
fountains and trash receptacles, shall be required. The specific locations of the
seating areas shall be selected in consideration of maximizing views, while also
maintaining the privacy of adjacent parcels.
28. Hillside related conditions'
a) Disturbed areas not proposed for development shall be re-naturalized and re-
vegetated.
b) Utilize low lighting levels to avoid glare
c) All public utilities shall be located underground.
d) Plant species native to the immediate region shall be used in all non-
recreational landscaping located in or adjacent to open space areas.
e) Project perimeters, slopes and retention basins shall be re-naturalized
through the use of boulders and heavy landscaping.
f) Special attention shall be taken to re-naturalize slopes and areas adjacent to
project perimeters with boulders and heavy landscaping to the satisfaction of
the Director of Planning Services
g) Rock crushing — all sizes of rocks and boulders shall be retained for use in re-
naturalizing slopes, which represent existing natural diversity of rock sizes.
h) Retaining walls visible from streets shall be completely,covered by stacked
boulders.
General/Grading:
29. Maximum pad heights shall be specified for each lot and shall be approved as
part of the Final Planned Development District.
30. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of
the Municipal Code for specific requirements.
31. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
City Council Resolution No. 22064 Page 7 of 21
Exhibit D — Conditions of Approval
32. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide
and 6" deep. The irrigation system shall be tested prior to final approval of the
project. Section 14.24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
POLICE DEPARTMENT:
33. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT:
34. Prior to any construction on—site, all appropriate permits must be secured.
FIRE:
35. Fire apparatus access roads shall be designed and constructed as all weather
capable and able to support a fire truck weighing 73,000 pounds GVW_ (902.2.2.2
CFC)
36_ Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less
than 13' 6".
37. Locked gate(s) shall be equipped with a KNOX key switch device or Key box.
Contact the Fire Department at 323-8186 for a KNOX application form. (902.4
CFC)
38. Project is beyond five-minute response time from the closest fire station and
therefore automatic Fire Sprinkler System is required.
39. Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. (901.4.4 CFC) Show location of address on plan
elevation view. Show requirement and dimensions of numbers in plan notes.
Numbers shall be a minimum 4 inches, and of contrasting color to the background.
40. Access for fire fighting equipment shall be provided to the immediate job site at the
start of construction and maintained until all construction is complete. Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed vertical clearance of not less than 13' 6". Fire Department
access roads shall have an all weather driving surface and support a minimum
weight of 73,000 lbs. (Sec. 902 CFC)
City Council Resolution No. 22064 Page 8 of 21
Exhibit D — Conditions of Approval
41. An operational fire hydrant or hydrants shall be installed within 250' of all
combustible construction. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
42. Residential fire hydrants shall be installed in accordance with DWA or Mission
Springs Water District specifications and standards. No landscape planting, walls,
or fencing are permitted within 3 feet of fire hydrants_
ENGINEERING DEPARTMENT:
The Engineering Department recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with
City standards and ordinances:
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on-site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion
of on-site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on-site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
TRAMWAY ROAD
4. Tramway Road shall be constructed as a Special Street Section in accordance
with the future General Plan and applicable Specific Plans. Improvements listed
for Tramway Road that were required in accordance with the Improvement
Certificate on Parcel Map 23130, as shown by Map on file in Book 181, Pages 50
City Council Resolution No. 22064 Page 9 of 21
Exhibit D— Conditions of Approval
to 53, inclusive, of Parcel Maps, records of Riverside County, California,
consisting of construction of a 6 inch curb and gutter, 38 feet southeast of
centerline along the entire frontage and construction of a minimum pavement
section of 3 inches asphalt concrete pavement over 6 inches of crushed
miscellaneous base shall be deferred. The applicant shall deposit the engineer's
estimate of the cost of the required improvements for construction by others in
the future, prior to final map approval-
5- Construct a driveway from Tramway Road to the north end of "E" Street as
necessary to provide emergency vehicle access into the development. The
driveway shall be constructed of a suitable material (turf block) or decorative and
colored concrete, subject to review and approval by the Director of Planning
Services and Fire Marshall.
6. The applicant shall coordinate with the Tramway Authority regarding construction
scheduling and coordination of work occurring on Tramway Road.
RACQUET CLUB ROAD
7. Construct a wedge curb, 32 feet north of centerline along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 200. The wedge
curb shall have a design providing the necessary stormwater runoff capacity
required for the street, and shall be subject to the review and approval by the City
Engineer.
8. In lieu of the secondary thoroughfare designation in the current General Plan,
developer may construct Racquet Club Road to a two lane collector street
section with a wedge curb located 20 feet north of centerline, and provide
additional landscaping approved by the Director of Planning Services within the
right-of-way required by the current General Plan. In such case, developer shall
enter into an agreement with appropriate security to construct Racquet Club
Road to a secondary thoroughfare designation in accordance with the current
General Plan, but shall be excused from such requirement if in the General Plan
revision process the ultimate configuration for Racquet Club Road is reduced
from a secondary thoroughfare to a collector street.
9. Construct a new 54 feet wide street intersection for "A" Street, located
approximately 320 feet west of the intersection of North Leonard Road, and a
new street 54 feet wide intersection for "E" Street, located approximately 15 feet
east of and just offset from the intersection of North Milo Drive, both as shown on
the approved Tentative Tract Map, with 25 feet radius curb returns and
i
City Council Resolution No. 22064 Page 10 of 21
Exhibit D — Conditions of Approval
spandrels, and a 6 feet wide cross gutter, in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
10. Construct Type A curb ramps meeting current California State Accessibility
standards either side of the new street intersections at "A" and "E" Street and
Racquet Club Road, in accordance with City of Palm Springs Standard Drawing
No. 212.
11. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement at centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110 and
330. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using
"R" values from the project site and submitted to the City Engineer for approval.
12. The applicant shall propose a decorative treatment for the west end of Racquet
Club Road, subject to the approval of the Director of Planning Services; with
appropriate traffic signs, subject to the review and approval by the City Engineer.
VISTA GRANDE AVENUE
13. Construct a wedge curb, 5 feet west of centerline. The wedge curb design shall
be subject to the review and approval by the City Engineer.
14. Construct a 20 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201 at the corner of Vista Grande Avenue and
Girasol Road for service and emergency vehicle access into the development, or
as otherwise approved by the Fire Marshall.
15. Construct a driveway from the driveway approach at the corner of Vista Grande
Avenue and Girasol Road to the north end of "D" Street as necessary to provide
emergency vehicle access into the development. The driveway shall be
constructed of a suitable material (turf block) or decorative and colored concrete,
subject to review and approval by the Director of Planning Services and Fire
Marshall.
16. Construct pavement with a minimum pavement section of 2'/2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut
edge of pavement to edge of proposed gutter along the entire frontage.
City Council Resolution No. 22064 Page 11 of 21
I Exhibit D — Conditions of Approval
Additional pavement removals or asphalt concrete pavement overlay shall be
installed in order to construct a cantilevered pavement section with a cross-slope
of 2% from the proposed curb face. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval-
ON-SITE PRIVATE STREETS
17. All centerline radii shall be a minimum of 130 feet.
18. All on-site cul-de-sacs shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be
required for all on-site cul-de-sacs.
19. Construct all on-site street "knuckles" in accordance with City of Palm Springs
Standard Drawing No. 104.
20. Dedicate an easement extending from back of curb to back of curb to the City of
Palm Springs for public utility purposes, with the right of ingress and egress for
service and emergency vehicles and personnel over the proposed private
streets.
21. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire
Marshall), for emergency vehicle ingress and egress, over Lot 24 as necessary
to provide access from Vista Grande Avenue to the north end of "D" Street. This
access shall be limited to emergency access purposes only.
22. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire
Marshall), for emergency vehicle ingress and egress, over Lots 47 and 66 as
necessary to provide access from Tramway Road to the north end of "E" Street.
23. Construct a colored concrete wedge curb or rolled curb, 14 feet on both sides of
centerline along the entire frontages, and throughout the cul-de-sacs. The on-
site streets shall be constructed with a typical crowned cross-section. The
pavement section shall be constructed using decorative colored concrete or
pavers, subject to the review and approval by the Planning Commission.
24. Parking shall be restricted along one side of all on-site streets, as necessary to
maintain a 24 feet wide clear travel way. A sign program or other process,
acceptable to the City Engineer, shall be provided that satisfies the parking
restrictions. A Home Owners Association shall be responsible for regulating and
City Council Resolution No. 22064 Page 12 of 21
Exhibit D — Conditions of Approval
maintaining required no parking restrictions, which shall be included in Codes,
Covenants and Restrictions required for the development.
SANITARY SEWER
25. All sanitary facilities shall be connected to the public sewer system. Sewer
laterals shall not be connected at manholes.
26. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions,
and Restrictions (CC&R's) required for this project.
27. Sewer improvement plans prepared by a California registered civil engineer shall
be submitted to the Engineering Division. The plans shall be approved by the
City Engineer prior to issuance of any building permits.
28. Construct an 8 inch V.C.P. sewer main within all on-site streets located 5 feet
from centerline or as required by the City Engineer and connect to the existing
public sewer system.
29. The on-site private sewer system shall not connect to any existing sewer
manhole or any new manhole. The on-site sewer system shall connect to the
sewer main in Vista Grande Avenue with a standard 8 inch lateral connection in
accordance with City of Palm Springs Standard Drawing No. 405.
30. Reserve sewer easements across interior lots as necessary to implement the on-
site private sewer system.
GRADING
31. Submit a Rough Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
City Council Resolution No. 22064 Page 13 of 21
Exhibit D — Conditions of Approval
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Grading Plan shall be approved by the City Engineer
prior to issuance of grading permit.
a. The first submittal of the Rough Grading Plan shall include the following
information: a copy of the final approved conformed copy of the Conditions of
Approval; a copy of the final approved conformed copy of the Tentative Tract
Map and/or Site Plan; a copy of a current Title Report; a copy of
Geotechnical/Soils Report; and a copy of the associated Hydrology
Study/Report.
32. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to approval of a Grading Plan.
33. In accordance with City of Palm Springs Municipal Code, Section 8.50.026 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
34. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
35. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading
City Council Resolution No. 22064 Page 14 of 21
Exhibit D — Conditions of Approval
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
36_ Rock crushing operations on-site during rough grading shall be performed in a
manner that maintains a sufficient supply of natural boulders for use in re-
naturalized fill slopes and retaining walls, and in perimeter landscaped parkways.
Grading and rock crushing operations shall be conducted a maximum of 8 hours
per day.
37. The perimeter of the project shall be redesigned by softening the exterior of the
project by decreasing the perimeter out and fill slopes from a maximum of 2:1 to
a maximum of 3:1 or 4:1 as approved by the of Director of Planning Services and
the City Engineer, including the use of landscaping and boulders. Slopes shall be
softened by reducing slope heights and through the use of landscaping and
boulders to achieve a natural appearance. All project fill slopes shall be re-
naturalized by using a "Permeon" spray treatment to restore the natural desert
varnish.
38. The final rough grading plan shall be subject to the review and approval by the
City Council as part of its review of the Final Planned Development District. A
rough grading permit shall not be issued prior to the City Council's review and
approval of the rough grading plan and the Final Planned Development District.
DRAINAGE
39. All stormwater runoff passing through the site and falling on the site shall be
accepted and conveyed across the property to approved drainage structures as
described in the Preliminary Hydrology Report for Tentative Tract Map 31766,
prepared by Hunsaker & Associates (as may be amended and/or revised). The
applicant shall be responsible for construction of drainage improvements,
including but not limited to retention/detention basins, catch basins, storm drain
lines, and outlet structures, for conveyance of off-site stormwater runoff and
management of on-site stormwater runoff, as described in a final Hydrology
Report for the development, as approved by the City Engineer. The preliminary
Hydrology Report for the development shall be amended to include catch basin
sizing, storm drain pipe sizing, and retention/detention basin sizing calculations
and other specifications for construction of required on-site storm drainage
improvements. No more than 40-60% of the street frontage parkway/setback
areas should be designed as retention basins. On-site open space, in
conjunction with dry wells and other subsurface solutions should be considered
as alternatives to using landscaped parkways for on-site retention.
City Council Resolution No. 22064 Page 15 of 21
Exhibit D — Conditions of Approval
40. The retention basin located at the southeast corner of the project adjacent to
Racquet Club Road shall be revised to decrease the overall depth by increasing
its size and lowering the adjacent berm and fill slope, and shall be subject to the
review and approval of the final rough grading plan by the City Council.
41. The applicant shall install a drywell, or series of drywells, within each retention or
detention basin proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the basin. The drywell(s)
shall be appropriately sized to accommodate the expected daily nuisance water,
as well as runoff from ordinary storm events (2-year storm events), unless
otherwise approved by the City Engineer. Provisions shall be included in the
Covenants, Conditions and Restrictions (CC&R's) for this development that
require the routine maintenance of the drywell(s) by the Home Owners
Association (HOA), including the right of the City to inspect and require the HOA
to remove and replace the drywell(s) if they fail to function, causing stagnant
water to accumulate above ground within the basin. The City shall be given the
right, in the interest of the public's health, safety, and welfare, to order the
removal and replacement of drywell(s) in the event the HOA is non-responsive to
the City's written notice, with costs to be recovered against the HOA by the City
in accordance with state and local laws and regulations.
42. All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
43. An existing 25 feet wide drainage easement exists across the western boundary
of the development. This easement exists for the purpose of constructing Line 2
from the Master Drainage Plan for the Palm Springs Area, in coordination with
Riverside County Flood Control District (RCFC). Realignment of the existing
drainage easement within "G" Street, as proposed on the Tentative Tract Map,
will require approval of RCFC, following review and approval of storm drain
improvement plans for Line 2 from the Master Drainage Plan for the Palm
Springs Area. The applicant shall be responsible for preparing a complete set of
storm drain improvement plans for the entire reach of Line 2, from the southern
edge of Chino Canyon to the Chino Canyon Levee. Plans shall be submitted to
RCFC for review and approval. Prior to issuance of a certificate of occupancy,
the applicant shall construct the segment of Line 2 across the project, and
extensions north and south of the property, acceptable to the City and RCFC,
sufficient to avoid future impacts to property owners within the development.
Upon the completion of the construction of Line 2 within "G" Street, following
City Council Resolution No_ 22064 Page 16 of 21
Exhibit D — Conditions of Approval
RCFC acceptance, the City shall initiate proceedings to vacate the existing 25
feet wide drainage easement across the western boundary of the project, and
shall quitclaim the 12 feet wide temporary construction easement.
44. In the event the design of Line 2 from the Master Drainage Plan for the Palm
Springs Area is not completed prior to final map approval, the existing 25 feet
wide drainage easement and 12 feet wide temporary construction easement
located across the western boundary of the property shall remain. A Covenant
shall be prepared and recorded against Lots 75 through 79 restricting
construction on the lots until Line 2 is constructed. The applicant shall deposit
$2,000 with the City for preparation of the covenant by the City Attorney and shall
be responsible for all costs in the preparation and approval thereof. The
Covenant shall be executed prior to final map approval, and shall be recorded by
the City with the final map.
45. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $6,511 per
acre per Resolution No. 15189. Based on the 42.2 acre size of the project site as
shown on the Tentative Tract Map, the project is responsible for payment of
$274,76420 in drainage implementation fees. The applicant shall be eligible for
credit up to the maximum drainage implementation fee of $274,764.20 otherwise
due. Validated costs incurred by the applicant for the design and construction of
Line 2 from the Master Drainage Plan for the Palm Springs Area may be credited
toward the drainage fee otherwise due. Fees shall be paid prior to issuance of a
building permit if applicable.
46. In the event validated costs exceed the drainage implementation fee otherwise
due, at the request of the applicant, the City may enter into a reimbursement
agreement with the applicant for reimbursement of excess costs. Following
completion and acceptance of the construction of Line 2 from the Master
Drainage Plan for the Palm Springs Area by RCFC and the City Engineer, if
reimbursement of excess costs is requested in writing by the applicant, the
applicant shall submit a formal request for preparation of a Drainage
Reimbursement Agreement and a $2,500 deposit for City staff time associated
with the preparation of the Drainage Reimbursement Agreement, including City
Attorney fees. The applicant shall be responsible for payment of all associated
staff time and expenses necessary in the preparation and processing of the
Drainage Reimbursement Agreement with the City Council, and shall submit
additional deposits as necessary when requested by the City, which are included
in the amount that may be reimbursed to the applicant through the Drainage
Reimbursement Agreement. The Drainage Reimbursement Agreement is
City Council Resolution No. 22064 Page 17 of 21
Exhibit D — Conditions of Approval
subject to the City Council's review and approval, and its approval is not
guaranteed nor implied by this condition.
47. All residential lots shall be designed to provide adequate drainage to the adjacent
on-site streets. Drainage shall be accommodated in a manner that does not
interfere with the split level pads of the lots.
I i
48_ This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
GENERAL
49. All on-site and off-site street improvements, and all perimeter landscaping and
parkway improvements shall be completed prior to issuance of the first certificate
of occupancy (excluding certificates of occupancy issued for model homes).
50. A 6 feet wide meandering pedestrian trail system shall be constructed along the
perimeter of the development providing public access into and around the
property. Appropriate rest stops shall be provided along the pedestrian trail
system with public access to make this feature a recreational amenity. The
pedestrian trail system shall be constructed to the satisfaction of the City
Engineer and Planning Commission, using decorative colored concrete or other
ADA acceptable material. Easements for public access into and around the
property shall be dedicated to the City on the final map as required to allow
public use of the pedestrian trail system.
51. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
City Council Resolution No. 22064 Page 18 of 21
Exhibit D — Conditions of Approval
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.)_ Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
52. All proposed utility lines shall be installed underground.
53. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the northerly property line meet the requirement to be installed
underground. A letter from the owners of the affected utilities shall be submitted
to the Engineering Division prior to approval of a grading plan, informing the City
that they have been notified of the City's utility undergrounding requirement and
their intent to commence design of utility undergrounding plans. When available,
the utility undergrounding plan shall be submitted to the Engineering Division
identifying all above ground facilities in the area of the project to be
undergrounded. Undergrounding of existing overhead utility lines shall be
completed prior to issuance of a certificate of occupancy.
54. All existing utilities shall be shown on the grading and street plans. The existing
and proposed service laterals shall be shown from the main line to the property
line.
55. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
City Council Resolution No. 22064 Page 19 of 21
Exhibit D — Conditions of Approval
56. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction_
57. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
58. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
59. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
60. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
61. Prior to approval of a final map, the applicant shall dedicate to the City of Palm
Springs, by separate instrument, a 12 feet wide temporary construction
easement adjacent to the east side of the 25 feet wide drainage easement, for
the purposes of the future construction of Line 2 from the Master Drainage Plan
of the Palm Springs Area in its original alignment (as required by the
Improvement Certificate recorded concurrently with Parcel Map 23130).
City Council Resolution No. 22064 Page 20 of 21
Exhibit D — Conditions of Approval
62. In accordance with Section 66434 (g) of the Government Code, the westerly 23
feet of Vista Grande Avenue may be abandoned upon the filing of a Final Map
identifying the abandonment of the right-of-way dedicated to the City of Palm
Springs. Prior to approval of a Final Map, the developer shall coordinate with
each public utility company and determine specific requirements as to the
abandonment and/or relocation of existing underground utilities that may exist
within the public easements to be abandoned. Prior to approval of a Final Map,
the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of easements over Vista Grande Avenue from each
public utility agency.
63. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of a Final Map.
64. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G_LS, digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
TRAFFIC
65. Furnish and install a decorative street light at the northwest corners of the
project's main entrances ("A" and "E" Streets) on Racquet Club Drive to the
satisfaction of the Director of Planning Services and the City Engineer.
66. Submit traffic striping plans for improvements to Racquet Club Road prepared by
a California registered civil engineer, for review and approval by the City
Engineer. All required traffic striping improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to issuance of a certificate of occupancy.
City Council Resolution No. 22064 Page 21 of 21
Exhibit D — Conditions of Approval
67. Street name and stop signs shall be required at each on-site street intersection,
as required by the City Engineer. Developer shall create a street name sign
system reflective of special neighborhood standards.
68. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersections of "A" Street and "E" Street with Racquet Club
Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
69. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
70. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
END OF CONDITIONS