HomeMy WebLinkAbout22063 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING A FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), ADOPTING
A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND APPROVING TENTATIVE TRACT MAP 31095 (TTM
31095), FOR THE SUBDIVISION OF APPROXIMATELY
30.4-ACRE SITE INTO 45 SINGLE-FAMILY RESIDENTIAL
LOTS AND THREE LETTERED LOTS FOR THE
PROPERTY LOCATED ALONG WEST VIA ESCUELA,
SOUTH OF RACQUET CLUB ROAD AND NORTH OF
CHINO CANYON ROAD, ZONE R-1-A, SECTION 3.
WHEREAS, on June 13, 2003, Wessman Development Company, (the applicant) has
filed an application with the City pursuant to Section 9.62.00 of the Municipal Code for
Tentative Tract Map 31095 for the subdivision of approximately 30.4-acre parcel into 45
single-family residential lots and three lettered lots, for the property located along West
Via Escuela, south of Racquet Club Road and north of Chino Canyon Road; 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 31095 was issued in accordance with
applicable law; and
WHEREAS, said Tentative Tract Map were submitted to appropriate agencies as
required by the subdivision requirements or 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 all four 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
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
Resolution 22063
Page 2
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.
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 66474 of the Subdivision Map Act, the City Council
makes the following findings:
Resolution 22063
Page 3
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
Tentative Tract Map 31095 is for the subdivision of approximately 30.4 acres into
45 single-family residential lots and three lettered lots. The proposed subdivision
is consistent with the General Plan designations of L-2; the overall density of the
new subdivision is approximately 1.5 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 subdivision layout, 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 zoning designation. The future
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 when constructed according to the condition and
EIR mitigation measures (see discussion below). 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 has 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.
e. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The proposed subdivision is designed to meet or exceed City standards. The
proposed custom lots and streets will be required to meet or exceed City
Resolution 22063
Page 4
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 4: The City Council certifies the Final Environmental Impact Report, adopts
the Mitigation, Monitoring and Reporting Program attached as exhibit C, and directs
staff to file the associated Notice of Determination.
Section 5: The City Council approves Tentative Tract Map 31095 for the proposed
subdivision of 45 single-family residential lots and three lettered lots 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, CI ger
ATTEST:
?meFho�mpson, City Clerk
Resolution 22063
Page 5
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. 22063 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 7u' day of November,
2007, by the following vote:
AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden.
NOES: Councilmember Foat, and Mayor Pro Tern Pougnet.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk I
City of Palm Springs, California �/ d `i V 200-7 _
City Council Resolution No. 22063
Exhibit A
BOULDERS 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 Boulders 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
FEIR is a Project EIR, as defined by Guideline 15161 of the State Guidelines for
the California Environmental Quality Act ("CEQA Guidelines"), and it 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.
At the Planning Commission meeting of September 12, 2007, the applicant
withdrew his application for the production homes on the site, and changed the
proposed project to be the Custom Lot Alternative, which the FEIR had identified
as environmentally superior to the proposed project. As such, the proposed project
identified in these findings is the Custom Lot Alternative.
IL 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
5495161
City Council Resolution No. 22063 Page 2 of 44
Exhibit A— Findings of Facts
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.
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 adapted 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.
City Council Resolution No. 22063 Page 3 of 44
Exhibit A— Findings of Facts
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.
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 BOULDERS PROJECT
A. Project Description
The Boulders Project ("Project") proposes development of 45 single-family
residences on approximately 30.7 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 China 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 boulders, and desert vegetation including cactus that blooms in the cooler
parts of the year_ Undeveloped lands are also present south of Tramway Road.
City Council Resolution No. 2.2063 Page 4 of 44
Exhibit A— Findings of Facts
The majority of these are within the Agua Caliente Reservation (Section 4) but also
include vacant lands proposed for development by the Boulders project. Both
project sites currently are designated R-1-A under the City of Palm Springs
General Plan.
B. Project Objectives
The Project's objectives are rooted in four key goals:
1. Create new residential development that reflects and complements the
overall pattern and character of existing surrounding uses
2. Connect the Little Tuscany and Chino Canyon neighborhoods while
preserving the character of the area
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 become the market for businesses located in
the City
4. Provide luxury custom residences that take advantage of the unique
physical features and viewscapes offered only in Palm Springs.
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.
The existing Little Tuscany neighborhood lies directly south of the Boulders
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 and winding, 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 Boulders and
Crescendo Combined EIR, the City circulated a Notice of Preparation ("NOP") on
City Council Resolution No, 22063 Page 5 of 44
Exhibit A— Findings of Facts
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 2005, 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:
1. The FEIR has been completed in compliance with CEQA.
2. The FEIR has been presented to the City Council, and the City Council has
independently reviewed and analyzed the information contained in the FEIR
prior to acting on the Project.
3. 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
City Council Resolution No. 22063 Page 6 of 44
Exhibit A— Findings of Facts
mitigation measures are express conditions of approval of the Project. The City
Council will adopt a Mitigation Monitoring and Reporting Program ("MMRP")
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.
Vlll. 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 FEIR 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, (0) 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. During grading, the project may exceed
the SCAQMD thresholds for NO. and PM,o. In addition, the project will contribute to
cumulative loss of native desert habitat that may be considered adverse. During
City Council Resolution No. 22063 Page 7 of 44
Exhibit A— Findings of Facts
the construction period, the Project may contribute to short-term adverse
cumulative impacts relative to NO,and PM10emissions.
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. Findinas
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.
City Council Resolution No. 22063 Page 8 of 44
Exhibit A— Findings of Facts
3. Supportive Rationale
Section 6.5 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:
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
sites are not considered a significant scenic resource.
c) As a residential project, Boulders 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. 22063 Page 9 of 44
Exhibit A— Findings of Facts
Potential impacts to agricultural resources are evaluated in EIR Section 6.15.
There are no agricultural uses present on the site, and the site is considered for
agricultural uses. 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 may cause a significant and unavoidable air quality impact if, during
construction or operation, they 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 6.6. The construction
(grading phase) of the Project may create a significant and unavoidable air quality
impact on a project-specific basis during construction. This impact results from the
potential to contribute to existing or projected air quality violation.
The City Council makes the following findings for these impacts:
City Council Resolution No. 22063 Page 10 of 44
Exhibit A— Findings of Facts
a) All feasible measures, changes and alterations have been required
in, or incorporated into, the Project, which will lessen such
significant environmental effects.
b) MM Air-1(4) from the EIR has been deleted in its entirety and
replaced with the following mitigation that prohibits rock crushing on
the project site. The applicant is no longer proposing to crush rock
on the project site.
c) MM Air-1(5) from the EIR has been modified to reflect the
prohibition on rock crushing.
d) 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. Rock crushing will not be allowed on the project site.
5. 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
any rock disposal site. An updated analysis shall be submitted to the City
demonstrating that PM10 emissions shall not exceed the SCAQMD daily
limits. If the City overrides the potential NOx emission exceedance when the
project is approved, then the Grading and Rock Management Plan shall
City Council Resolution No, 22063 Page 11 of 44
Exhibit A— Findings of Facts
demonstrate how the NO, emissions will be limited to within 25% of the
SCAQMD construction threshold for NOx.
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 $.50 of the Palm Springs Municipal Code, shall be
incorporated into project construction.
MM AIR-2 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 6.6.3 of the FEIR analyzes air quality impacts during grading and
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
Federal Environmental Protection Agency]. The SIP demonstrates that the region
will be brought into compliance with State and federal air quality standards over
City Council Resolution No. 22063 Page 12 of 44
Exhibit A— Findings of Facts
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 60% 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 NO.
and PM,o
D. Air Quality - Operation
1. Potentiate
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
c) result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non attainment under an
City Council Resolution No. 22063 Page 13 of 44
Exhibit A— Findings of Facts
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 6.6.3 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 6.6-E
show 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. 22063 Page 14 of 44
Exhibit A— Findings of Facts
E. Biological Resources
1. Potentiate
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 was 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. 22063 Page 15 of 44
Exhibit A— Findings of Facts
MM BIO — 1 The following plants will not be utilized in the project landscaping:
BOTANICAL. NAME COMMON NAME
Acacia spp. (all species except Acacia (all species except native
A. regagn) catclaw acacia
Arundo donax(x) Giant reed or arundo grass
,triplex se7nibaccata (x) Australian saltbush
Avena barbata Slender wild oat
Avena falua Wild oat
Brassica four?G'fortii xx African or Saharan mustard
Bromus niadritensis ssp. mbens Red bromc
x _
Bromus tectorum (xx) Cheat grass or downX brome
Cortaderia jubata [syn-C. Jubata grass or Andean pampas
atacaniensisl grass
Corladeria dioica [syn. C- Pampas grass
selloanal
Descurainia.Sophia Tansy mustard
Fichhornia crossi es Water hyacinth
L7aegnus angustifolia Russian olive
Foeniculum vulgare Sweet fennel
.Flirschfeldia incana Mediterranean or short-pod
mustard
Lepidium ladfolium _Perennial pepperweed
Lolium nudtifloruni Italian ryegrass
Lollium erenne Perennial ryegrass
Nertum oleander Oleander
Nicotiana glauca (x) Tree tobacco
Oenothera berlandieri(#) Mexican evening primrose
Olea euro ea European olive tree
Parkinsonia aculeala (x) Mexican palo verde
Pennisetum clandeshnum Kikuyu grass
Pennisetuni setaceinn (xx) Fountain mass
Phoenix canariensis (#) Canary Island date palm
Phoenix dactylrfera (#) Date palm
Ricinus comntunis (x) Castorbean
Salsola tragus (x) Russian thistle
.Schinus niolle Penivian pepper tree or California
pepper
Schinus terebinthifolius Brazilian pepper tree
Schismus arabicus Mediterranean grass
Schismus barbatur (xx) Saharan mass, abu maslu
Stipa ca ensis (xx) No common name
Taniarix spp. (all species) (xx) Tamarisk or salt cedar
Taenlatheruni ca ut-medusae Medusa-head
City Council Resolution No. 22083 Page 16 of 44
Exhibit A-- Findings of Facts
Tribulus terrertri.r Putacturevine
Vinea major Periwinkle
Yucca glorlosa (#) S anish dagger
Sources: CVAG MSIICP; California Exotic Pest Plant Council, United States Department of Agriculture-
Division of Plant Idealth and Pest Prevention Services, California Native Plant Society,Fremunda 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 Area
XX indicates particularly troublesome invasive species
3. Supportive Rationale
Potential impacts to biological resources are discussed in Sections 6.8 of the EIR,
which rely on reports in Appendix 1-1. 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 31 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. The
Project site is not used by animal species as a migratory corridor or
wildlife nursery. The Boulders site is surrounded on three sides by
existing residential uses and on the fourth side by the existing DWA
facilities.
d) 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.
e) No adopted Habitat Conservation Plan, Natural Community
Conversation Plan, or other approved local, regional, or state habitat
conservation plan affects the project site.
City Council Resolution No. 22063 Page 17 of 44
Exhibit A— Findings of Facts
F. Cultural Resources
1. Potential III
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 CFQA
Guideline 15064.5
b) cause a substantial adverse change in the significance of an
archaeological resource pursuant to CFQA 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 they 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 effects.
b) 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:
City Council Resolution No. 22063 Page 18 of 44
Exhibit A— Findings of Facts
(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 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 MILD.
• The MILD identified failed to make a recommendation within 24
hours after being notified by the NAHC.
• The landowner or his authorized representative rejects the
recommendation of the MILD, and the mediation by the NAHC
fails to provide measures acceptable to the landowner.
3. Supportive Rationale
Section 6.4 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:
City Council Resolution No. 22063 Page 19 of 44
Exhibit A-- Findings of Facts
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 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 off-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 6.9 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-1 of the EIR. 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
City Council Resolution No. 22063 Page 20 of 44 '
Exhibit A— Findings of Facts
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-
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) Section 6.10 of the FFIR analyzes the potential for contamination
arising out of hazardous materials present on or near the Property.
These analyses are based on the following documents:
City Council Resolution No. 22063 Page 21 of 44
Exhibit A— Findings of Facts
• A safety assessment by Earth Consultants International
• A summary of available information on the disease known as
valley fever (coccidioidomycosis) [Appendix G]
• DWA commentary by David Luker [Appendix L]
Although project development is unlikely to release valley fever
fungus, the possibility cannot be eliminated. The risk of such
release is further lessened by implementation of the mitigation
measures contained in the Air Quality section. However, in an
abundance of caution, the following 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.
d) The Project is consistent with the City of Palm Springs General
Plan-
e) The Project site is not located on a list of hazardous materials sites
compiled pursuant to Government Cade Section 65962.5.
f) 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
City Council Resolution No. 22063 Page 22 of 44
Exhibit A— Findings of Facts
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
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
City Council Resolution No. 22063 Page 23 of 44
Exhibit A— Findings of Facts
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 Boulders project Homeowners Association.
The CC&Rs for the association shall clearly specify the
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-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 any lots where
adequate water supplies and fire 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
City Council Resolution No. 22063 Rage 24 of 44
Exhibit A-- Findings of Facts
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.
3. Supportive Rationale
The Project's potential impacts on hydrology and water quality are analyzed in
Sections 6.11 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.
City Council Resolution No. 22063 Page 25 of 44
Exhibit A— Findings of Facts
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. Potential Impacts
The Project would have a significant impact on land use and planning if they were
to do any of the following:
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
6.1. 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.
City Council Resolution No. 22063 Page 26 of 44
Exhibit A— Findings of Facts
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
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 Draft EIR concluded that 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.
However, the applicant is no longer proposing to conduct rock crushing on the
project site. Therefore, this impact would no longer occur. 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) MM NO[ — 1 from the Draft EIR has been deleted in its entirety as it
relates to the Boulders project and replaced with the following
mitigation measure that prohibits rock crushing on the project site
consist with the applicant's latest proposal:
City Council Resolution No. 22063 Page 27 of 44
Exhibit A-- Findings of Facts
MM NOI — 1 Rock crushing will not be allowed on the project site.
c) MM NO] — 2 from the Draft EIR, which related solely to the
installation of rock crushing equipment on the Boulders site has
been deleted. Because no rock crushing is allowed on the project
site, this mitigation is unnecessary.
3. Supportive Rationale
The Project's noise impacts are analyzed in Section 6.7 of the FEIR. For the
reasons below, noise impacts can be mitigated to less-than-significant levels.
a) Implementation of Mitigation Measures NOI-1 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 NOI-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.
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:
City Council Resolution No. 22063 Page 28 of 44
Exhibit A— Findings of Facts
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 6.2 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:
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
City Council Resolution No. 22063 Page 29 of 44
Exhibit A— Findings of Facts
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 measures, the
Project's impacts to public services are less than significant.
MM PS-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 Section 6.12. 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.
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
City Council Resolution No. 22063 Page 30 of 44
Exhibit A— Findings of Facts
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. Supportive Rationale
The Project's potential impacts on recreation are discussed in Section 6.13 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. 22063 Page 31 of 44
Exhibit A— Findings of Facts
O. Transportation and Traffic
1. Potential Impacts
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 TRA The Project's proponent will prepare plans for approval
by the California Department of Transportation (Caltrans) for the
extension of the northbound left-turn lane on North Palm Canyon
❑rive at Via Escuela. The applicant shall ensure that the extension
City Council Resolution No. 22063 Page 32 of 44
Exhibit A— Findings of Facts
is implemented prior to the issuance of building permits for the
Boulders project.
MM TR-2 The Project's proponent will contribute its fair share of the
construction cost of a traffic signal at the intersection of Via Escuela
and North Palm Canyon Drive. The amount of the contribution will
be determined by the City Engineer and segregated into a special
account.
MM TR-3: Upon completion of grading of the Boulders 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 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 shall be subject to this condition:
1. Via Escuela west of North Palm Canyon Drive
2. Chino Canyon Road west of Via Norte
3. Milo Road, Janis Drive, Palermo Drive and Racquet
Club Drive west of North Palm Canyon Drive
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
restriped.
3. Supportive Rationale
The FEIR analyzes the Project's traffic impacts in Sections 6.3. 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 except at the
intersections specified in the Mitigation Measures. At those locations,
the additional capacity provided by the mitigation measures will
ensure that the intersections operate at an acceptable level of
service.
City Council Resolution No- 22063 Page 33 of 44
Exhibit A— Findings of Facts
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
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
City Council Resolution No. 22063 Page 34 of 44
Exhibit A— Findings of Facts
3. Supportive Rationale
Sections 6.14 of the FEIR analyze 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 EIR Appendix Q.
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.
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 they were to do
any of the following:
City Council Resolution No. 22063 Page 35 of 44
Exhibit A— Findings of Facts
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 6.16 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.
R. Cumulative Impacts
1. Potentiate
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:
City Council Resolution No. 22063 Page 36 of 44
Exhibit A— Findings of Facts
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, geology 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.
City Council Resolution No. 22063 Page 37 of 44
Exhibit A— Findings of Facts
C) During the 18- to 24-month construction period, the Project may
contribute to short-term adverse cumulative impacts related to NQX
and PM,o 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.
S.
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.
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
City Council Resolution No. 22063 Page 38 of 44
Exhibit A— Findings of Facts
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.
A. Identification of Preferred Alternative
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 potentially
significant in the following categories:
• Aesthetics
• Air Quality
3. Because the Custom Lot Alternative would reduce development-related
environmental impacts, it is considered "Environmentally Superior" to the
project.
4. After review, the applicant has determined that the Custom Lot Alternative,
which is environmentally superior to the proposed project, is financially
viable in this location, and, therefore, the proposed project is now the
Custom Lot Alternative.
City Council Resolution No. 22063 Page 39 of 44
Exhibit A— Findings of Facts
5. Findings
The Custom Lot Alternative was considered as an alternative in the FEIR, and the
FEIR noted that the environmental impacts of the Custom Lot Alternative were the
same or less than the originally proposed project. The Custom Lot Alternative
does not contain any design features that would require additional analysis. The
FEIR has therefore considered the effects of the Custom Lot Alternative, and no
additional environmental analysis is necessary.
B. 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
C. Alternatives Analyzed in the Final EIR
The City Council has considered the following alternatives for the Boulders Project
identified in the EIR:
• No Project Alternative
• Reduced Grading Alternative
• Custom Lot Alternative (See discussion above)
■ Reduced Density Alternative
The City has rejected the No Project Alternative, the Reduced Grading Alternative
and the Reduced Density Alternative 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
City Council Resolution No. 22063 Page 40 of 44
Exhibit A— Findings of Facts
• 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 3.3 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 Boulders 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 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.
• In designing the Boulders project, one of the applicant's objectives
was to create new residential development that reflects and
complements the overall pattern and character of existing
surrounding uses. The existing Little Tuscany neighborhood lies
directly south of the Boulders project. Developed at a density of
approximately two units per acre, Little Tuscany is a self-contained
eclectic neighborhood containing one-story and split-level single-
family residences. Streets are narrow and winding, with lots terraced
to account for elevation changes throughout the neighborhood.
• The design objective for the Boulders project, which abuts Little
Tuscany at Chino Canyon Road, is to provide a transition from the
development style of Little Tuscany on the south to the existing
slightly denser development to the east and north of the Boulders
project site. The project achieves this objective by providing larger
custom lots along its southern border on Chino Canyon Road, none
of which will be mass-graded. This then permits development of
these lots in an eclectic style similar to that of Little Tuscany. Further,
these lots abutting Chino Canyon Road are designed to be larger
than all but two of the lots in the Little Tuscany neighborhood,
thereby assuring a compatible interface between the Boulders project
and Little Tuscany.
• The interior streets within the Boulders project, like those of Little
Tuscany, are similarly designed with the objective of avoiding a linear
grid pattern, thereby preserving the unique character of the area. The
interior lots within the Boulders project site, while generally smaller
City Council Resolution No. 22063 Page 41 of 44
Exhibit A— Findings of Facts
than the lots that front on Chino Canyon Road, are nonetheless
similar to or slightly larger than the lots found in the existing
neighborhoods to the east and north of the Boulders project site. The
Boulders project design, therefore, meets the objective of providing a
complementary transition from Little Tuscany to the Chino Canyon
neighborhoods.
• Because the Boulders project is an in-fill project between the Little
Tuscany and Chino Canyon neighborhoods, one of the objectives of
the project is to connect the two existing neighborhoods while still
preserving the character of the area. As such, the applicant proposes
to gate only the entrance at Via Escuela. This will allow the public to
exit the Boulders and Little Tuscany areas through this gate, but only
residents will have access for entry through the gate. This system
increases safety to Little Tuscany in that it not only limits the
introduction of new traffic into the Little Tuscany neighborhood but
also provides an additional means of exiting the area and an
additional means for emergency vehicles to access the area, thereby
providing greater connectivity for residents of Little Tuscany.
• 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. The Boulders project, therefore, aims to create luxury
custom residences that take advantage of Palm Springs' unique
physical features.
• Due to its location and elevation in an in-fill area adjacent to the
Chino Cone, the project offers the exceptional views available only in
this area of Palm Springs, thereby achieving the objective of using
the City's unique physical features to create high-quality residences.
The high-quality development standards provide numerous variations
for residence design and create luxury semi-custom and custom
residence opportunities, resulting in residence values within both
projects that will meet or exceed the values of the housing in the
surrounding neighborhoods.
City Council Resolution No. 22063 Page 42 of 44
Exhibit A— Findings of Facts
• At present, during major storm events, flooding conditions exist along
certain areas in the Little Tuscany neighborhood. An objective of the
Boulders project, therefore, is to improve drainage conditions in the
general area by a combination of drainage channels, retention
basins, and grading in conformity with current City standards that
require lots be developed so as to avoid drainage onto adjacent
property. In addition, the project will be designed to take care of
existing runoff water that currently floods Panorama Street and
surrounding residences. This is not required by the City or existing
ordinance and will be achieved via the construction of a new storm
drain along Chino Canyon Road and diverting existing overflows from
the western DWA site through the Boulders project site rather than
the Little Tuscany neighborhood.
5. The No Project Alternative would eliminate public benefits associated with
the project including the roadway improvements, 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 No Project Alternative seeks to reduce overall grading at the project
site by reorienting street system to minimize lot-to-lot grade differences.
2. As compared to the proposed project, the impacts of the Reduced Grading
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. 22063 Page 43 of 44
Exhibit A— Findings of Facts
• 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 EIR):
• 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 downtown Palm Springs to the northwest. The Reduced Grading
Alternative would shift such primary views east/west to north/south.
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
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 6.1-B of the Final EIR). Reduced
City Council Resolution No. 22063 Page 44 of 44
Exhibit A— Findings of Facts
density would mean further increasing the lot sizes, which would increase
the incompatibility.
Findings
a) The EIR considered a reasonable range of alternatives to the Project.
b) The City Council finds that the Custom Lot Alternative is environmentally
superior to the originally proposed project because impacts to air quality
and aesthetics are reduced although they remain significant.
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[aj) 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. 22063
Exhibit B
BOULDERS 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[aj). 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
Boulders (and Crescendo) 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 45 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.
2. 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. 22063 Page 2 of 2
Exhibit B--Statement of Overriding Considerations
3. The project will improve emergency access to the Little Tuscany
neighborhood by widening Chino Canyon Road to minimum standards
and by providing an alternate access route to and from the area during
emergency conditions. The ability to protect existing residents from
fires will be improved. It is acknowledged that some residents would
prefer to keep Chino Canyon Road at a substandard width; however,
this does adversely affect emergency response times.
4. The project will improve drainage conditions in the Little Tuscany
Estates area by taking the following measures:
a) Redirecting overflows from the Desert Water Agency (DWA)
tanks west of the site through the Boulders project area rather
than Chino Canyon Road and Panorama Road.
b) Installing a 24-inch underground storm drain along Chino Canyon
Road.
In view of the foregoing, the City Council adopts this Statement of Overriding
Considerations, finding that the benefits of the Boulders project outweigh its
significant and unavoidable direct and cumulative impacts.
Resolution No. 22063
Exhibit C
Boulders 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 I-Withhold grading or building
Services or designee Grading Permit pennir
CE-City Engineer or B- Prior to Issuance of B- Other Agency 2-Stop work order
designee Building Permit Permit/A roval
CT-California Department of C-Prior to Construction C-Plan Check 3-Withhold approval of
Transportation or designee ading plan
PC-Planning Commission or D-Throughout D-Separate Submittal 4-Withhold design review
desi ee Construction (Reports/Studies/Plans) approval
NC-City designated noise E-Prior to the Approval E- Planning 5-Withhold of occupancy
consultant or designee of Grading Plan Commission Approval Permits
DPW-Director of Planning F-Prior to Start of Rock F-Payment of fees
Services Crushing
BM-Biological Monitor or G-Throughout Grading
designee
H-Prior to Design
Review Approval
I-Upon completion of
construction
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Project File Name: Applicant:
Prepared Sy: LSA Associates Date: November 7 2007
Mitigation Measures NoAmplemeuting Action Responsible Monitoring Timing of Verification Method of Verified Sanctions for
for Frequency Verification Date/Initials Non-
MonItorin Compliance
Mitigation from LnAronmental lm act Re ort
Trans ortation and Traffic
MM-TR-t:The project proponent will prnpam plans for CT B Prior to issuance of B/C 1
approval by the California Dcpartmont of Transportanon building permits
(Caltrans)for die extension of the northbound left-turn
lane on North Palm Canyon Drive al Via Ewucla.The
applicant shall ensure that the extension is implemented
prior to the issuance of building permits for the Boulders
project.
MM-TR-2t The project proponent will contribute CE B Prior to issuance of F 1
the project's fair share of the construction cost of a building permits
traffic signal at the intersection of Via Escucla and
North Palm Canyon Drive.The amount of the
contribution will be determined by the City Engineer
and se re gated into a special account.
MM TR-3:Upon completion of mass grading of the CE C/D/I Prior to issuance of A 1/2/5
Boulders site,the developer shall repair all existing building
city streets providing construction access to the site. permits/Throughout
The streets will be restored to a level of quality equal construction/Upon
to or greater than that preexisting at the start of Completion of
construction.Any deterioration of pavement Construction
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 shall be
subject to this condition:
1. Via; scuela west of North Palm Canyon
2
Mitigation Measures No./implementing Action Responsible Monitorin'g', Timing of Verification Method of Verified Sanctions for
for Frequency Verification Date/initials Non-
Monitorin Compliance
Drive
2. Chino Canyon Road west of Via None
3, Milo Road,Jams Drive,Palermo Drive
and Racquet Club Drive west of North
Palm Canyon Drive
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
restriped.
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 AHC
Mitigation Measures No./Implementing Action Responsible ;'.Monitoring Timing of Verification Method of Verified Sanctions for
for, Frequency Verification Date/Initials Non-
Monitoring,' Cum Rance
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
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 properry in a location not Subject to
further subsurface disturbance:
(a) The NAIIC is unable to identify an
MLD,
(b)The MLD 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 MLI), and the
mediation by the NAHC fails to provide
measures acceptable to the landowner.
Aesthetics
MM AES-1: The project shall incorporate as many DPS E Prior to approval of C 3
of the existing boulders as possible into project grading plan
landscaping,residential landscaping,slopes,and
drainage courses.
MM AES-2: The proposed pTojoct will not use two- DPS H Prior to Design Review C 4
4
Mitigation Measures No./lmpletnenting Action ResponsnTile'. 'Monitoring Timing of Verificatlon Method of Verified Sanctions for
for Frequency Verification Date/Initials Non.
Monitoring Cam fiance
story elements adiacent to any existing structures. A pToval
Air Quality
MM AIR-1: DPS/PC F Prior to approval of D/E 3
Prior to the approval of a final grading plan by the grading plan
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 residents, 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 PMip and NOh
emissions shall not exceed the SCAQMD
daily limits, and that rock-crushing PM,
emissions are equivalent to those listed in
AP-42,Fifth Edition,Volume 1,hinted
States Environmental Protection Agency,
5
Mitigation Measures No./lmplementing Action Responsible Monitoring "riming of Verificatloh Method of Verified Sanctions for
for wre uency Verification hate/lnitials Non-
,,q
ring Compliance
January 1995 for"controlled emission;."
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 PM,o emissions shall not
exceed tlxe 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 N0,
emissions will be limited io 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 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 Cuy's
standard mitigation measures,listed in
Section 8.50 of the Palm Springs Municipal
Code,shall be incorporated into project
construction-
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Mitigation Measures No./Implementing Action Responsible Monitoring , "Pining of Verification Method of Verified Sanctions for
for Frequency Verification Date/Initlal5 Non-'
Monitorlity. Coru Clanee
MM AIR-2: Mass grading of the Boulders and the CE A Prior to the issuance of a A l
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 AIR-3: The applicant shall require the CF 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 to the extent feasible.Prior to
issuance of grading and budding 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 AJR-4:All residential fireplaces will be fueled DPS B Prior to issuance of C 1
by natural gas, building permit
Mitigation Measures NoAmplem,enting Action Responsible Monitoring Timing of Verification Method of Verified Sanctions for
for ,'Frequency Verification, Date/hdtials Non- ,
' Monitoring Compliance
MM AIR-5:Exterior electrical outlets will be OPS 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
NOI-1: Upon completion of the noise mitigation NC F Prior to the start of rock A 2
structure around the rock crusher,the applicant shall crushing
retain a noise specialist to conduct the following tests
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 nortually. 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 crasher
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 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.
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Mitigation Measures NoAmplementing Action Responsible Monitoring' 'Timing of Verification Method of Verified Sanctions for
for„ Frequency Verification Aate/lnitlals Non-
Monitorin Compliance
This test will be repeated at least every two
montbs 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.
This measure requires actual"in-the-field"
com liance with the City's requirements.
MM NOT-2:Prior to the issuance of grading CE A Prior to the issuance of C/D 1
permit's,the project proponent shall prepare,and the grading permits
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.
$11olo lcal,Resources ' '
MM BI0-1:The following non-native,exotic plant DPS B Prior to the issuance of C 1
species shall not be utilized in the project building permit
landscaping or included in the plant palene that may
be submitted or included on landscape plans
prepared for the rolect:
BOTANICAL NAME
Acacia spp, (all species except A.greggii)
Arundo donax(x)
Atriplex semibaccata(x)
Avena barbaia
Avena fatua
Brassica tournefortii(xx)
Bromus madritensis ssp. rubens(x)
Bromus tectomm (xx)
Cortaderia fubata [syn.C. atacamensis]
9
Mitigation Measures No./Impiemeating Action Rciponsibie Monitoring',, ;Timing of Verification ]Method of Verified Sanctions for
for h'req'uency Verification Aate%Initinls Non-
', ,monitoring Compliance
Cortaderia dioica [syn. C selloana]
Pescuminia sophia
Eichhornia crassipes
Elaegnus angusiifolia
Foeniculum v 1gare
Hirschfeldia incana
Lepidium latifolium
Lolium multi}lorum
Lollium perenne
Nerium oleander
Nicodanaglauca (x)
Oenothera berlandierl(#)
Olea europea
Parkinsonia aculeata(x)
Pennisetum clandestinum
Pelmisetum setaceum (xx)
Phoenix canariensis (#)
Phoen r dactylifera (#)
Ricinus communis(x)
Salsola tragus (x)
Schinus molle
Schinus terebinthifolius
Schismus arabicus
Schismus barbatus (xx)
Stipa capensis (xx)
Tamarix s'pp. (all species) (xx)
Taeniathemn?caput-medusae
Tribulus terrestris
Vinca major
Yucca gloriosa(#)
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Mitigation Measures NoJImplementing Action ' Responsible" ' Monitoring; .. Tinning of Verification Method of Verified Sanctions for
for Frequency' Verification Date/Initials Non-
Monitorin __Compliance
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,Fremontia Vol. 26 No.4,
October 1999, The Jepson Manual;PIigher
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 Area
XX indicates particularly troublesome invasive
species
MM BIO-2:A biological monitor shall be located BM G Throughout Grading A 2
onsite during grading operations to remove and
relocate any specimens of red diamond rattlesnake
That are encountered.
Hazards and Hazardous Materials
MM HAZ-1:Prior to the commencement of grading DPS A Prior to the issuance of D 1
activities,the developer shall inform all residents grading permit
within 1,000 feet.
Hydrology and Water uali
MM 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 gradune permit
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 will demonstrate that off-site storm
flows will not be increased,and that all structures
in the 2Lojert are protected from 100- ear storm
I1
Mitigation Measures Nodlmplementing Action Responsible ,Monitoring Timing'of Verification Method of Verified Sanctions for
for Frequency Verification Date/Initials Non-
Monitoring Compliance
flows,
b) All proposed facilities will be privately owned
and maintained by the proposed Boulders project
I•Iomeowners Association.The CC&Rs for the
association shall clearly specify the requirements
to maintain the drainage system in an effective
manner.
e) 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 acts table to the City.
MM HY-2 Prior to the approval of any building DPS B Prior to the issuance of C 1
permit,the City Director of Planning will building permit
review 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
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Mitigation Measures Nn./implementing kotion Responsible, "'Monitoring '.Timing of.Verificatinn Method of Verified Sanctions for
for F"re�uency Verification Date/Initials Non-
MonitoringCompliance
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 Flcalth 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 FIX-3 Prior to the issuance of grading permits DPS A Prior to the issuance of D i
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.
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
2RUioval for its own additional reservoirs.
Public Services
MM PS-1:Prior to the issuance of any building permit, DPS $ Prior to the issuance of P 1
the project proponent shall annex to CFD 2005. to pay building permits
for increased police and fire services.
13
City Council Resolution No. 22063
Exhibit D
BOULDERS 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:
Project Specific Condition:
1. In addition to the Hillside Development Review process, the applicant shall be
required to submit Administrative Minor Modification (AMM) applications for lots
(Lot 5, 7— 13, 23, 25, 26, 33, 34 and 44) that do not meet the required minimum lot
dimensions (depth or width).
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 Tentative Tract Map 31095. 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
City Council Resolution No. 22063 Page 2 of 22
Exhibit D — Conditions of Approval
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- That 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 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 formed, 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.
2
City Council Resolution No. 22063 Page 3 of 22
Exhibit D — Conditions of Approval
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.
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 final 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.
11.The design, height, texture and color of fences and walls shall be submitted for
review and approval prior to issuance of building permits. Details of walls and
fencing (materials and color) submitted with final landscape plan. All walls shall be
3
City Council Resolution No. 22063 Page 4 of 22
Exhibit D —Conditions of Approval
located back from the top of the slope to permit screening by landscaping and
stacked boulders. Walls and fences shall be adequately and entirely screened by
stacked boulders.
12.Front 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 in 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.
13.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 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) Special attention shall be undertaken to re-naturalize slopes and areas
adjacent to slopes, retention areas and project perimeters with boulders and
heavy landscaping to the satisfaction of the Director of Planning Services.
f) 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.
g) Retaining walls visible from the public right of way shall be softened and
screened by stacked boulders.
h) Split level pads are desirable, and shall be required for two story residences.
i) The site shall be integrated into the existing neighborhood with pedestrian trails
and bike paths-
General/Grading:
14..Maximum pad heights are specified on TTM 31095 for each lot as part of the
subdivision. The proposed retaining wall on the east side of lot #31 shall be
replaced by a landscaped and re-naturalized slope, which does not exceed a 2:1.
No additional walls shall be allowed on the east side of this lot. Reduce wall
heights where practical to the satisfaction of the Director of Planning Services.
4
City Council Resolution No. 22063 Page 5 of 22
Exhibit D— Conditions of Approval
15.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 8.60 of
the Municipal Code for specific requirements.
16_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.
17.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.
18.The site shall be re-naturalized following grading operations.
19.Retaining walls in excess of six feet shall be discouraged. Retaining walls shall
be moved away from the rear yard property lines, and softened with the use of
stacked boulders and landscaping. These rear yard slopes should then be re-
naturalized.
20.The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
POLICE DEPARTMENT:
21.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT:
22.Prior to any construction on—site, all appropriate permits must be secured.
FIRE DEPARTMENT:
23.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)
5
City Council Resolution No. 22063 Page 6 of 22
Exhibit D— Conditions of Approval
24.Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less
than 13' 6".
25.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)
26.Project is beyond five-minute response time from the closest fire station and
therefore automatic Fire Sprinkler System is required.
27.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.
28.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)
29.An operational fire hydrant or hydrants shall be installed within 250' of all
combustible construction. No landscape planting, walls, or fencing shall be
permitted within 3 feet of fire hydrants, except groundcover plantings.
30. Residential fire hydrants shall be installed in accordance with DWA or Mission
Springs Water District specifications and standards. No landscape planting, walls,
or fencing shall be 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-
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City Council Resolution No. 22063 Page 7 of 22
Exhibit D— Conditions of Approval
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,
SANBORN WAY
4. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of
50 feet along the entire frontage between Milo Drive and Janis Drive.
5. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire
frontage, with a 25 feet radius curb return at the southwest corner of the
intersection of Sanborn Way and Janis Drive in accordance with City of Palm
Springs Standard Drawing No. 200.
6. Construct pavement with a minimum pavement section of 2'Y2 inches asphalt
concrete pavement over 4 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 along the entire frontage from
Milo Drive to Janis Drive in accordance with City of Palm Springs Standard
Drawing No. 110 and 300. 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.
VIA ESCUELA
7. Construct full width pavement, a minimum of 24 feet wide, from the edge of the
existing paved travel way east of Leonard Road, to the project entrance.
Construct pavement with a minimum pavement section of 2'Y2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative
City Council Resolution No. 22063 Page 8 of 22
Exhibit D — Conditions of Approval
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.
8. Provisions for conveyance of concentrated stormwater runoff from the project site
onto Via Escuela shall be made to the satisfaction of the City Engineer, and may
require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed easterly towards existing drainage carriers
with the capacity to contain the concentrated stormwater runoff. Analysis and
recommendations to satisfy this issue shall be included in the final hydrology
study to be prepared for this development.
9. Provisions for the interception of nuisance water and other low flow runoff shall
be provided on-site to prevent drainage water from entering directly onto Via
Escuela from the project site, through the use of a minor storm drain system that
collects and conveys the nuisance water or runoff to landscape or parkway
areas, and in only a stormwater runoff condition, pass runoff directly to the
streets through methods approved by the City Engineer. Provisions for
intercepting nuisance water and other low flow runoff shall be made to the
satisfaction of the City Engineer.
CHINO CANYON ROAD
10. Dedicate an additional 20 feet to provide the ultimate street right-of-way width of
50 feet along the entire frontage where required.
11. Construct a concrete wedge curb or other approved drainage carrier along the
northerly edge of the widened street section. Provisions for the conveyance of
stormwater runoff tributary to and falling on Chino Canyon Road shall be made to
the satisfaction of the City Engineer. Analysis and recommendations to satisfy
this issue shall be included in the final hydrology study to be prepared for this
development.
12. Construct pavement widening to provide a minimum 24 feet wide paved travel
way along the entire frontage. Asphalt pavement coring and sampling of the
existing paved travel way shall be performed to determine the condition of the
existing pavement. If warranted, the existing pavement shall be removed and
replaced with new asphalt concrete pavement, or, an asphalt pavement overlay
or other improvements consistent with the findings of a geotechnical report shall
be constructed to the satisfaction of the City Engineer. Construct pavement with
a minimum pavement section of 2'/z inches asphalt concrete pavement over 4
inches crushed miscellaneous base with a minimum subgrade of 24 inches at
95% relative compaction, or equal. If an alternative pavement section is
8
City Council Resolution No. 22063 Page 9 of 22
Exhibit D —Conditions of Approval
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.
13. In coordination with the Planning Department, provisions for on-street parking
areas shall be made where possible, along the frontage of the subject property.
All parking or shoulder areas shall be constructed of compacted material that
meets the requirements of the City's PM10 Dust Control Ordinance.
14. Provisions for interception of stormwater runoff from the on-site streets onto
Chino Canyon Road shall be made to the satisfaction of the City Engineer, and
may require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed into the proposed drainage system for the
development. Analysis and recommendations to satisfy this issue shall be
included in the final hydrology study to be prepared for this development.
PALERMO DRIVE
15. Appropriate removals and reconstruction of the existing southerly end of Palermo
Drive shall be made to the satisfaction of the City Engineer, as necessary to
extend and connect to Palermo Drive as shown on the revised Tentative Tract
Map 31095 (dated February 16, 2005).
LEONARD ROAD
16. Construct half-width street improvements to provide a minimum 24 feet wide
paved travelway along the frontage of the property (adjacent to Lot "A"),
extending to the existing edge of pavement at the southerly end of Leonard
Road, to the satisfaction of the City Engineer. The minimum 24 feet wide
travelway shall be constructed, extending Leonard Road to Via Escuela.
Construct pavement with a minimum pavement section of 2'/z inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. 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.
VISTA DRIVE
17. The applicant shall recommend and install appropriate end of road regulatory
signs, striping, markings or other improvements at the southerly end of Vista
Drive, subject to the review and approval by the City Engineer.
9
City Council Resolution No. 22063 Page 10 of 22
Exhibit D— Conditions of Approval
ON-SITE. (PRIVATE) STREETS
18. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
19. All centerline radii shall be a minimum of 130 feet.
20. On-site streets shall be constructed with an inverted cross-section, using a 3 feet
wide concrete ribbon or "valley" gutter along the centerlines of all streets.
Provisions for interception of all stormwater runoff from the on-site streets to off-
site public streets shall be made to the satisfaction of the City Engineer, and may
require construction of concrete curbs, gutters, or other approved methods
whereby stormwater runoff is directed into the proposed drainage system for the
development or to existing drainage carriers with the capacity to contain the
concentrated stormwater runoff. Analysis and recommendations to satisfy this
issue shall be included in the final hydrology study to be prepared for this
development.
21. All on-site private streets shall be two-way with a minimum 24 feet wide
travelway (as measured from edge of pavement) where no on-street parking is
proposed. Construction of a concrete mow strip or other permanent edge
treatment acceptable to the City Engineer shall be provided. 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. 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.
22. In coordination with the Planning Department, provisions for on-street parking
areas shall be made where possible, along the frontage of the on-site streets. All
parking or shoulder areas shall be constructed of compacted material that meets
the requirements of the City's PM10 Dust Control Ordinance.
23. On-street parking shall be prohibited along all on-site private streets except for
specific pull-out or parking areas that are provided in designated locations.
Provisions for restrictions of on-street parking within the private streets and for
maintaining clear two-way 24 feet wide access for service and emergency
vehicles shall be included in Covenants, Conditions, and Restrictions (CC&R's)
for this project. The CC&R's shall be provided to the City Attorney for review and
approval prior to approval of the final map.
10
City Council Resolution No. 22063 Page 11 of 22
Exhibit D — Conditions of Approval
24. Regulatory signs restricting parking to off-pavement locations only shall be
installed at all tract entrances, as approved by the City Engineer and Fire
Marshall. A Home Owners Association shall be responsible for regulating and
maintaining required no parking restrictions, which shall be included in
Covenants, Conditions, and Restrictions required for the development. (modified
by the City Council on 10/17/07)
25. The ends of the on-site streets shall have a hammerhead or other turn-around
configuration approved by the Fire Marshall,
26. Palermo Drive shall terminate in a cul-de-sac, constructed in accordance with
City of Palm Springs Standard Drawing No. 101, unless a hammer-head or other
approved emergency vehicle turn-around is approved by the Fire Marshall.
27. Gated or restricted access to the on-site private streets is prohibited, except for
the main access at Via Escuela,
SANITARY SEWER
28. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
29. Existing sewer plans for the construction of public sewer main within Via Escuela
are approved and on file (see File 1D-1-28 approved March 23, 1977). Existing
sewer plans for the construction of public sewer main within Chino Canyon Road
are approved and on file (see Files 1D-1-102, 106, and 107 approved July 7,
1983). If used for construction, the approved sewer plans shall be revised to
reflect current "as-built" or record conditions adjacent to and on-site, as well as to
include construction of current City standards, and submitted to the Engineering
Division for review and approval. Otherwise, new sewer improvement plans
prepared by a California registered Civil Engineer shall be submitted to the
Engineering Division for review and approval. The new or revised sewer
improvement plans shall be approved by the City Engineer prior to issuance of
any grading or building permits.
30. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division_ The plan(s) shall be approved by the City
Engineer prior to issuance of sewer construction permits.
31. Construct an off-site extension of the existing 8 inch V.C_P_ public sewer main
within Via Escuela from its current terminus near Tuscan Road.
11
City Council Resolution No. 22063 Page 12 of 22
Exhibit D— Conditions of Approval
32. Construct an 8 inch V.C.P. public sewer main within Chino Canyon Road from
the west property line to the east property line (across the entire frontage).
Provisions for future extension of sewer service to adjacent properties, including
installation of sewer laterals, shall be included in sewer plans prepared for Chino
Canyon Road. New sewer laterals shall be extended to property line along both
sides of Chino Canyon Road.
33. Construct an 8 inch V.C.P. sewer main within all on-site private streets and
connect to the extended public sewer main in Via Escuela.
34. All sewer mains constructed by the applicant and to become part of the public
sewer system shall be digitally video recorded prior to acceptance of the sewer
system for maintenance by the City. A computer disc of the video recording shall
be provided to the City Engineer for review. Any defects of the sewer main shall
be removed, replaced, or repaired to the satisfaction of the City Engineer prior to
acceptance.
35. Dedicate a 30 feet wide easement to the City of Palm Springs over the retention
basin (Lot "C), and Lots 35, 36 and 37 for sewer purposes, with the right of
ingress and egress for service vehicles and personnel, as necessary to extend
sewer service from Chino Canyon Road. The proposed 30 feet wide
combination water and sewer easement shown on the revised Tentative Tract
Map 31095 (dated February 16, 2006) shall be relocated, and not equally divided
over Lot "C and Lots 35, 36, and 37. A separate lettered lot shall be created for
this easement. Lot "C, and Lots 35, 36, and 37 shall be adjusted to provide for
the separate lettered lot. The easement shall be graded and constructed with
permanent and stable material, subject to the approval of the City Engineer,
passable by heavy trucks and equipment.
36. The 30 feet wide sewer easement shall be kept clear and free of any and all
obstructions to allow for the continued operation and maintenance of the public
sewer main within the easement. Access to the public sewer easement from
Chino Canyon Road to the south end of Palermo Drive shall be maintained,
including, if necessary, 15 feet wide gates with lock and access provided to the
City of Palm Springs.
37. The applicant shall provide sewer service to Lots 19 and 20 by constructing an
extension of the proposed on-site 8 inch V.C.P. public sewer main in Janis Drive
to Sanborn Way, and in Sanborn Way across the frontage of Lots 19 through 21,
as necessary to provide sewer service in accordance with standard sewer design
guidelines. The sewer main in Sanborn Way shall be designed at sufficient
depth to provide sewer service to the lower pad elevations of Lots 19 and 20.
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City Council Resolution No. 22063 Page 13 of 22
Exhibit D — Conditions of Approval
38. Costs associated with construction of off-site sewer laterals (extending to the
south side of Chino Canyon Road) may be reimbursed, pursuant to a Sewer
Reimbursement Agreement approved by the City Council, in accordance with the
policies established by Resolution 13773, and amended by Resolution 15975.
Following completion and acceptance of the off-site sewer laterals by the City
Engineer, if reimbursement is requested in writing by the applicant, the applicant
shall submit a formal request for preparation of a Sewer Reimbursement
Agreement and a $2,500 deposit for City staff time associated with the
preparation of the Sewer 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 Sewer
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 Sewer
Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to
the City Council's review and approval at a Public Hearing, and its approval is not
guaranteed nor implied by this condition.
GRADING
39. Mass grading of the site is prohibited. Rough grading shall be restricted to only
that grading necessary to construct infrastructure, and to achieve finish grade of
the on-site and adjacent off-site streets. Rough grading of residential pads shall
require separate approval of grading plans for individual custom homes, in
accordance with Section 93.13.00 "Hillside Developments" of the Palm Springs
Zoning Code.
40. The active area of rough grading shall be restricted to an area no greater than
2.5 acres in size at any one time. The Grading Plan shall clearly show the limits
(daylight line) of grading for rough grading to construct infrastructure, and to
achieve finish grade of the on-site and adjacent off-site streets, and shall show
sequencing and phasing of rough grading necessary to limit active grading areas
to no greater than 2.5 acres in size at any one time.
41. 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
13
City Council Resolution No. 22063 Page 14 of 22
Exhibit D —Conditions of Approval
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
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 final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative Tract
Map; a copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
39. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property if any.
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 approval of the Grading Plan.
40. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940),
or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their
requirements, if any, associated with grading or other construction. The
applicant is advised to contact the Tribal Historic Preservation Officer or Tribal
Archaeologist as early as possible. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with Tribal
monitoring.
41. The applicant shall obtain approvals to perform any off-site grading from the
record owner(s) of adjacent properties as may be necessary. The rough grading
plan shall clearly show the limits of grading around the project perimeter.
Required approvals shall include, but not be limited to: a right-of-entry and
14
City Council Resolution No. 22063 Page 15 of 22
Exhibit D— Conditions of Approval
construction easement, a maintenance and joint use agreement, or other legally
recognized approvals, subject to the review and approval by the City Engineer
and/or the City Attorney. Off-site approvals by the adjacent property owners
shall be required prior to approval of the Grading Plan.
42. 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 issuance of a grading
permit.
43. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (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.
44. 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. Evaluation of and recommended improvements for existing asphalt
concrete pavement along the Chino Canyon Road frontage shall be addressed
by the Geotechnical/Soils Report prepared for this development.
45. 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 Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
46. Rock crushing operations shall be prohibited.
47. Prior to approval of a Grading Plan, the City of Palm Springs shall retain, at the
developer's expense, a grading and dust control monitor who shall be present on
site at least three hours per day, or as required by the City Engineer, 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.
15
City Council Resolution No. 22063 Page 16 of 22
Exhibit D — Conditions of Approval
DRAINAGE
48. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to a new drainage system to be constructed as part of the
development. On-site retention and other storm drainage facilities approved by
the City Engineer shall be required.
49. The Preliminary Hydrology Study entitled "The Boulders Tentative Tract Map No.
31095," prepared by Mainiero, Smith, & Associates (revised October 1, 2004),
shall be amended as necessary to reflect the revised site plan and preliminary
grading plan as shown on the revised Tentative Tract Map 31095 (dated
February 16, 2005). The Final Hydrology Study shall be reviewed and approved
by the City Engineer prior to approval of a grading plan.
50. Stormwater runoff generated off-site that historically outlets onto Chino Canyon
Road near Panorama Road shall be accepted and conveyed through a new
drainage system to be constructed as part of this development. The on-site
retention basin (Lot "C") shall be adequately sized to accept the off-site
stormwater runoff. Design standards, landscaping, aesthetic treatment, and
other improvements to on-site retention basins shall be made acceptable to the
Director of Planning Services.
51. 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 drywells by the Home Owners Association
(HOA), including the right of the City to inspect and require the HOA to remove
and replace the drywells 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 drywells 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.
52. Reserve private drainage easements across Lots within the map as necessary to
accept and convey off-site stormwater runoff through the development, as
required by the Final Hydrology Study reviewed and approved by the City
Engineer.
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City Council Resolution No. 22063 Page 17 of 22
Exhibit D— Conditions of Approval
53. The applicant shall be responsible for construction of drainage improvements,
including but not limited to retention basins, catch basins, storm drain lines, inlet
and outlet structures, for conveyance of off-site stormwater runoff and
management of on-site stormwater runoff, as described in a Final Hydrology
Study for the development, as approved by the City Engineer. The Preliminary
Hydrology Study for the development shall be amended to include catch basin
sizing, storm drain pipe sizing, inlet structure sizing, outlet structure sizing, and
retention basin sizing calculations and other specifications for construction of
required on-site storm drainage improvements.
54. Provisions for acceptance and conveyance of runoff of domestic water resulting
from maintenance operations or as a result of rupture or other failure of the
Desert Water Agency water storage tanks and facilities shall be made to protect
the proposed development from flood hazards to the satisfaction of the City
Engineer.
55. All on-site storm drain systems, including the off-site storm drain improvements
constructed in Chino Canyon Road, 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.
56. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
57. 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.
17
City Council Resolution No. 22063 Page 18 of 22
Exhibit D— Conditions of Approval
GENERAL
58. 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
59. 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
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.
60. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard Begay
(760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any
subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off-site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off-site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
61. All proposed utility lines shall be installed underground.
18
City Council Resolution No. 22063 Page 19 of 22
Exhibit D— Conditions of Approval
62. 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 and southerly property lines 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.
63. 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.
64. 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.
65. 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.
66. 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.
67. 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.
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City Council Resolution No. 22063 Page 20 of 22
Exhibit D — Conditions of Approval
MAP
68. 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.
69. 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.
70. 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.LS. 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.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
71. Relocation or abandonment of record easements across the property shall be
performed in conjunction with or prior to approval of a final map. The easements
shall be extinguished, quit-claimed, relocated or abandoned to facilitate
development of the subject property. Without evidence of the extinguishment,
quit-claim, relocation or abandonment of the record easement(s), building
permits for proposed buildings encumbered by the existing record easement(s)
will be withheld until such time as this easement is removed of record and are not
an encumbrance to the affected lots.
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City Council Resolution No. 22063 Page 21 of 22
Exhibit D— Conditions of Approval
TRAFFIC
72. As determined by the Traffic Study by George Dunn Engineering for this
development (as revised February 16, 2005), the following mitigation measure
will be required:
a. Pay a fair share contribution determined as $3000 for the installation of a
future traffic signal at the intersection of N. Palm Canyon Drive and Via
Escuela. The fair share contribution of $3000 shall be paid to the City of
Palm Springs prior to approval of a final map.
73. Traffic striping and signage plans prepared by a California registered civil
engineer shall be submitted to Caltrans for review and approval, to provide for
northbound and southbound left turn pockets with 40 feet of storage on North
Palm Canyon Drive and Via Escuela, in accordance with the traffic study
prepared by George Dunn Engineering (as revised December 11, 2003). Final
striping and traffic signage shall be installed and accepted by Caltrans and the
City Engineer prior to issuance of a certificate of occupancy.
74. Street name signs shall be required at each on-site street intersection, as
required by the City Engineer, in accordance with City of Palm Springs Standard
Drawing Nos. 620 through 625. Developer shall create a street name sign
system reflective of special neighborhood standards.
75. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic at the following
locations in accordance with City of Palm Springs Standard Drawing Nos. 620-
625.
a. Northwest corner of Panorama Road and Chino Canyon Road
b_ Northwest corner of Vista Drive and Chino Canyon Road
c. Northwest corner of Leonard Road and Via Escuela
d. Southwest corner of Sanborn Way and Janis Drive
e. Northeast corner of Lot 10 (for eastbound traffic)
f. Southeast corner of Lot 30 (for southbound traffic)
g_ Northeast corner of Lot 13 (for eastbound traffic)
h. Northwest corner of Lot 32 (for northbound traffic)
76. 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
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City Council Resolution No. 22063 Page 22 of 22
Exhibit D — Conditions of Approval
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
77. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
END OF CONDITIONS
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