HomeMy WebLinkAbout22077 - RESOLUTIONS - 10/24/2007A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT ASSOCIATED WITH
THE GENERAL PLAN AS COMPLETE, ADOPTING THE
CORRESPONDING STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING
PROGRAM, AND ADOPTING THE 2007
COMPREHENSIVE UPDATE OF THE PALM SPRINGS
GENERAL PLAN AS THE GENERAL PLAN FOR THE CITY
OF PALM SPRINGS, CALIFORNIA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. Pursuant to State Governmental Code 65300 et seq, cities and counties in
California are required to adopt a comprehensive long-term General Plan for the
development of the City and of any land outside its boundaries which in the judgment of
the city, bears relation to its planning.
B. Palm Spring's current General Plan was adopted in 1993, encompasses a
planning period of twenty years, to roughly 2010, and was recognized by the City
Council in 2002 as needing a comprehensive update to address changing development
patterns not foreseen in 1993.
C. On January 3, 2003 City Council directed Staff to initiate a comprehensive
update of the Palm Springs General Plan. The City Council identified nine key issues or
concerns to be addressed in the update of the General Plan as follows:
• Promote a stable economy capable of weathering cyclical economic conditions.
• Make Palm Springs the number one choice for businesses to locate.
• Balance development opportunities for increased tax base while not sacrificing
the attractiveness and quality of life in Palm Springs.
• Revitalize the Downtown.
• Provide guidance for development and preservation in Chino Cone and along the
Interstate 10 corridor.
• Introduce mixed use development concept as a means of creating more dynamic
and inter -related residential and commercial areas.
• Identify and preserve existing conditions that make Palm Springs unique.
• Establish and define high standards for architecture and development.
• Remove inconsistencies in the current General Plan and make the document
more user-friendly and technologically up to date - integrating computer
generated Graphic Information Systems (GIS) technologies for linking written and
graphic data.
Resolution No. 22077
Page 2
D. From 2003 to 2007 the City implemented a work plan to update the General Plan
that included:
• a volunteer citizen -based steering committee that reviewed the existing General
Plan and made recommendations for its revision and reviewed the draft of the
Update of the 2007 General Plan,
• a professional Services Consultant (The Planning Center) that incorporated the
changes and revisions and edited the 2007 Comprehensive Update to the Palm
Springs General Plan,
• numerous community outreach efforts that afforded citizen participation and input
into the General Plan process,
• review and input from City Staff; and
E. On January 15, 2003 the City Council established of the General Plan Steering
Committee for the purpose of reviewing the current General Plan, as directed by the
Department of Planning Services, and making recommendations to the Planning
Commission concerning the Plan's goals, objectives, and policies.
F. From June 30, 2003 through April 5, 2007 the General Plan Steering Committee
met on a regular basis to review the policies, text, maps and tables from the 1993
General Plan, the draft elements of the 2007 General Plan Update and make
recommendations to the Planning Commission for revision and modification to the
Goals, Policies and Actions and associated text, maps and tables of the General Plan.
G. The Downtown Urban Design Task Force, an advisory subcommittee to the
General Plan Steering Committee participated in development of a new Downtown
Urban Design Plan.
H. On July 20, 2005 the City Council adopted Resolution No. 21344 adopting the
Interim Downtown Urban Design Guidelines. These guidelines provide a cohesive
approach to the downtown built environment and streetscape by encouraging different
mechanisms to achieve high -quality architecture, landscaping, and pedestrian
experiences and are incorporated as part of the 2007 Comprehensive Update to the
Palm Springs General Plan.
I. The City submitted the draft Housing Element to the State Department of
Housing and Community Development (HCD) and on August 9th, 2006 received a pre -
certification letter from HCD.
J. On May 16, 2007, at the conclusion of a properly noticed public hearing, in
compliance with California Government Code Section 65354, the Planning Commission
adopted Resolution No. 7001 recommending adoption of the General Plan with
associated additions, modifications, corrections and deletions.
Resolution No. 22077
Page 3
K. Staff has summarized and consolidated the additions, modifications, corrections,
and deletions to the text as received by the public and recommended by Planning
Commission in a "Tracked Changes Version" of the General Plan dated June 20, 2007.
L. The City Council reviewed the draft General Plan and made modifications which
were incorporated in a "Final Tracked Changes Version" dated September 17, 2007.
M_ In accordance with Section 65351 of the California Government Code, the City
has facilitated public participation in the General Plan Adoption process-
N. It is the City's desire to adopt the 2007 Comprehensive Update to the Palm
Springs General Plan and repeal and replace all previously adopted General Plan
resolutions, documents, and actions.
O. The 2007 Update to the General Plan conforms to the requirements of the State
of California for the development of a City General Plan because it includes the seven
mandatory elements required by State Law and certain other optional elements, and
those elements contain the core requirements set forth in the State of California
Governmental Code Section 65300.
P. The 2007 Update to the General Plan is considered a "project" pursuant to the
terms of the California Environmental Quality Act (CEQA) and the City prepared an
Initial Study in accordance with CEQA, determined that an Environmental Impact Report
(EIR) should be prepared, and circulated a Notice of Preparation dated July 2006 to
public agencies and interested parties for consultation on the scope of the FIR.
Q. The City prepared a Draft FIR dated March 22, 2007 that reflected the
independent judgment of the City as to the potential environmental impacts of the
Project, and circulated the draft FIR for the required 45-day public review period. The
Draft FIR determined that certain aspects of the Updated General Plan would have
significant impacts on the environment that cannot be mitigated and require a Statement
of Overriding Considerations. In accordance with the Government Code Section 65352,
the City referred the proposed draft Update to the General Plan to the required agencies
and entities, and provided each with adequate time in which to comment on the draft
General Plan in accordance with the provisions of CEQA.
R. On June 20, June 27, July 11, July 18, September 17, September 27, and
October 17, 2007, the City Council held publicly noticed hearings on the General Plan
and its Environmental Impact Report in accordance with applicable law. At these
meetings, the City Council carefully reviewed and considered the Draft General Plan,
including changes as recommended by the Planning Commission, the FIR, staff reports,
public comment, and other related information and found the FIR to be in compliance
with the California Environmental Quality Act and found that any significant impacts
outlined in the report will be adequately mitigated or that there are overriding
considerations to render such impacts acceptable_
Resolution No. 22077
Page 4
S. At the conclusion of public hearings, the City Council concluded that no new
information was received that would require recirculation of the Draft EIR under CEQA
Guideline 15088.5, and the City Council considered the Draft Update to the General
Plan, the Environmental Impact Report, Planning Commission recommendations,
General Plan Steering Committee recommendations, and all written and oral testimony
submitted at the public hearing.
T. A Mitigation Monitoring Program prepared from the draft EIR under the
provisions of CEQA, has been incorporated into the General Plan Update whereby
environmental impacts will be mitigated to the extent feasible.
U. The process of creating the Draft 2007 Comprehensive General Plan Update has
met the stated intention of the City Council that it be an inclusive effort soliciting the
participation of citizens through community outreach events. This process involved the
General Plan Steering Committee, which represents a cross-section of neighborhood
groups, downtown merchant groups, the Tribe, and other community interest groups:
the technical expertise of professional consultants, staff, and department heads
throughout City Government; and the Planning Commission which has reviewed and
modified the Draft 2007 Comprehensive General Plan Update.
V. Adoption of the Housing Element, as presented, will meet the requirements of
State Housing Element law, and once confirmed by HCD, shall be the City's first
certified Housing Element.
W. That the Draft 2007 Comprehensive General Plan Update has met the directives
outlined by the City Council because the goals, policies, action statements, text and
associated maps and tables have been revised and updated to reflect these directives,
including the Downtown Urban Design Plan that was created to guide the revitalization
of the Downtown.
X. The certification of the Draft EIR, Response to Comments, Final EIR, and
approval of the Mitigation Monitoring Program and the Statement of Overriding
Considerations is consistent with the provisions of CEQA.
Y. The adoption of the General Plan is in the public interest of the City, serves as
the blueprint for future growth of Palm Springs, and addresses the issues that influence
future development such as land use, circulation, conservation, open space, noise, air
quality, safety, and community design.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1. The City Council certifies that the Final EIR, which includes the Draft EIR,
comments and responses thereto, and related technical appendices, has been
completed in compliance with CEQA and is a complete and adequate description of the
future environmental conditions of the proposed General Plan.
Resolution No. 22077
Page 5
SECTION 2. The City Council has reviewed and considered the information contained
in the Final EIR prior to approval of the 2007 Comprehensive Update to the Palm
Springs General Plan and that the Final EIR reflects the City's independent judgment
and analysis.
SECTION 3. The City Council finds that feasible changes or alterations have been
required in, or incorporated into, the 2007 Update to the Palm Springs General Plan,
which avoid or substantially lessen certain significant environmental effects of the 2007
Update to the Palm Springs General Plan.
SECTION 4. The City Council adopts the Findings of Fact attached and hereby
incorporated into this Resolution as Exhibit A.
SECTION 5. The City Council further adopts the Statement of Overriding
Considerations attached and hereby incorporated into this Resolution as Exhibit B
including the specific finding that the benefits of the adoption of the 2007
Comprehensive Update of the Palm Springs General Plan outweigh: (1) the significant
and unavoidable air quality impacts during construction and operation of the
components of the General Plan, and (2) the significant and unavoidable cumulative
impacts on agricultural resources as a result of the build -out of the General Plan.
SECTION 6. The City Council finds that the recommended mitigation measures
contained in the Final EIR shall be implemented and adopts the Mitigation Monitoring
and Reporting Program attached to this Resolution as Exhibit C to ensure that all
mitigation measures will be implemented.
SECTION 7. The City Council adopts the 2007 Comprehensive Update of the Palm
Springs General Plan, on file in the Office of the City Clerk, as the General Plan for the
City of Palm Springs.
SECTION 8. In the event the 2007 Comprehensive Update of the Palm Springs
General Plan is inconsistent with the provisions of any other resolution, policy, or
practice adopted by the City Council prior to the effective date of this Resolution, the
provisions of this Resolution and the 2007 Comprehensive Update of the Palm Springs
General Plan shall control and shall take precedence.
SECTION 9. This Resolution shall take effect upon adoption
ADOPTED this 24th day of October, 2007.
David H. Ready, City ger
ATTEST:
Y
s Thompson, City Clerk
Resolution No. 22077
Page 6
t�l�:i11�[NG�I[�7►1
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. 22077 is a Full, true and correct copy, and was duly adopted at an
adjourned of the City Council of the City of Palm Springs on the 24th day of October,
2007, by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden,
NOES: None.
ABSENT: None.
ABSTAIN: None.
A_Aes Thompson, City Clerk
ity of Palm Springs, California
FINDINGS OF FACT
AND STATEMENT OF
OVERRIDING
CONSIDERATIONS
CITY OF PALM
PLAN UPDATE
ENVIRONMENTAL
IMPACT REPORT
EXHIBIT A (SCH # 2006071060)
and
IM4:If liter:
0�
prepared for:
CITY OF
li
PALM SPRINGS
3200 East Tahquitz Canyon Way
Contact:
Palm Springs, CA 92262
Craig Ewing, AICP
Tel: 760.323.8245
Director of Planning
Services
prepared by:
THE PLANNING
CENTER
1580 Metro Drive
Contact:
Costa Mesa, CA 92626
William Halligan, Esq.
1 Tel; 714.966.9220 .Fax_ 714,966.9221
Vice President,
E-mail., costamesa@pfanningcentercom
Environmental Services
Website: wwwplanningcenteT..com
i
CPS-04.OL
' {
1
JUNE 2007
Section
Table of Contents
Page
1. INTRODUCTION AND SUMMARY ................................... .... .................................. ....... .....
...7-7
1.1
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS ............1-1
1.2
ENVIRONMENTAL REVIEW PROCESS........................................................................1-2
1.3
PROJECT SUMMARY ............. . .............................................. ----------------1-3
1.4
DOCUMENT FORMAT........... .. ............ ....................... . ...............1-4
2. FINDINGS
ON PROJECT ALTERNATIVES CONSIDERED IN THE EIR..............................2-1
2.1
ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT
PLANNING PROCESS ......... ............... --.....................---•------------I....................2-1
2.2
ALTERNATIVES SELECTED FOR FURTHER ANALYSIS...............................................2.1
3. FINDINGS
ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED
PROJECT
IDENTIFIED IN THE DEIRIFEIR......... ............................... .... ................ ..............3-1
3.1
AESTHETICS.. ................... -- ........... • ..........................-•-•-------------------
3-1
32
AGRICULTURE RESOURCES ................... .......................... • .......................3-2
3.3
AIR QUALITY ............... ................I-------------I.........I_ --- ------------- ____ ..............
"
3.4
BIOLOGICAL RESOURCES.....................•................................. ..................................3.6
3-5
CULTURAL RESOURCES..................................................... .................................3.9
3.6
3.7
GEOLOGY AND SOILS ...................... ....... ................----- I.............................
HAZARDS AND HAZARDOUS MATERIALS.....
3.11
3-12
MON
�.
3.8
...........................................................
HYDROLOGY AND WATER QUALITY ..................-... ..............
00
3.9
LAND USE AND PLANNING • . .. .. ...........................................------ -- ..
3-18
3.10
MINERAL RESOURCES ---- ....... ........................................................... ___ ........ ........
3-10
3.11
NOISE ............................................. ...................................................................3-20
3.12
POPULATION AND HOUSING ....... ...................................................... .......
3-25
3.13
PUBLIC SERVICES--... __ ............•-- .................... -- --......................................
3-25
3.14
RECREATION__ .................... ...........................------..-......................-•--•------••-------3-27
3.15
TRANSPORTATION AND TRAFFIC. ........... _------------- __ .................... ... . ...... ---------
. 3-28
3A 6
UTILITIES AND SERVICE SYSTEMS..........................................................................
3-31
4. STATEMENT OF OVERRIDING CONSIDERATIONS . ................................ .......................... 4-1
4.1 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS.....................................................4-1
4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS.................... .•---- ___ .................... .........................................4-4
4.3 CONCLUSION ................ ........................• --- --..........................-•-------------....-............ 4-6
S. REFERENCES ........ ..................... ............................... ................................ ......................... ...5-1
City of Palm Springs General Plan Update EIR City of Palm Springs a Page i
,Findings of Fact and Statement of Overriding Considerations
I(
Table of Contents
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Page zi •The Planning Center June 2007
7. Introduction and Srllnnldly
This document presents findings that must be made by the City of Palm Springs prior to approval of the
project pursuant to Sections 15091 and 15093 of the California Environmental Quality Act (CEQA) Guidelines
and Section 21081 of the Public Resources Code. Under CEQA, the Lead Agency (City of Palm Springs) is
required to make written findings concerning each alternative and each significant environmental impact
identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR).
The City of Palm Springs may find that:
• changes or alterations have been required in or incorporated into the project to avoid or
substantially lessen the significant environmental effects identified in the DEIR/FEIR;
• such changes oralterations are within the purview and jurisdiction of another agency and have been
adopted, or can and should be adopted, by that agency; or
• specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the DEIR/FEIR-
Each of these findings must be supported by substantial evidence in the administrative record_ Evidence
from the DEIR, FEIR, Mitigation Monitoring Program (MMP), and City's General Plan is used to meet these
criteria.
1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) (Pub Res. Code §§ 21000, et seq.) and the State CEQA
Guidelines (Guidelines) (14 Cal. Code Pegs §§ 15000, et seq.) promulgated there under, require that the .
environmental impacts of a project be examined before a project is approved. Specifically, regarding a� vop
findings, Guidelines Section 15091 provides_ 4
(a) No public agency shall approve or carry out a project for which an EIR has been completed
which identifies one or more significant environmental effects of the project unless the public
agency makes one or more written findings for each of those significant effects, accompanied by
a brief explanation of the rationale for each finding_ The possible findfngs are:
1. Changes or alterations have been required in, or incorporated into, the project which
mitigates or avoids the significant environmental effects on the environment
2. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can or should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives identified in the EIR.
(b) The findings required bysubsectfon (a) shall be supported bysubsiantial evidence in the record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the finding has
concurrentiurisdiction with another agency to deal with identified feasiblemftigation measures or
alternatives.
(d) When making the findings required in subsection (a)(1), the agency shall also adopt program
for reporting on or monitoring the changes which it has either required in the project or made a
City of Palm Springs General Plan Update EIR City of Palm Springs • Page 1-1
Findings of Faa and Statement of Overriding Considerations
1. Introduction and Summary
f I
rr
condition of approval to avoid or substantially lessen significant environmental effects_ These r
measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other materials
which constitute the record of the proceedings upon which its decision is based_
The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated
into, the project which mitigate or avoid the significant environmental effects of the project, may include a
wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action-
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
I
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during
the life of the action_
(a) Compensating for the impact by replacing or providing substitute resources or environments.
Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision -maker to balance the benefits of a proposed project against its
unavoidable environmental risks in determining whetherto approve the project. If the benefits of
a proposal project outweigh the unavoidable adverse environmental effects, the adverse
environmental effects may be considered "acceptable".
(b) Where the decision of the public agency allows the occurrence of significant effects which are
identified in the final EiR but are not at least substantially mitigated, the agency shall state in
writing the specific reasons to support its action based on the final EIR and/or other information
in the record. This statement may be necessary if the agency also makes a finding under Section
15091(a)(2) or (a)(3),
(c) If an agency makes a statement of overriding considerations, the statementshouldbeincludedin
the record of the project approval and should be mentioned in the notice of determination.
Having received, reviewed, and considered the FEIR for the City of Palm Springs General Plan Update EIR,
State Clearinghouse No. 2006071060 (FEIR), as well as all other information in the record of proceedings on
this matter, the following Findings and Statement of Overriding Considerations (Findings) are hereby
adopted by the City of Palm Springs (City) in its capacity as the CEQA Lead Agency. These Findings setforth
the environmental basis for current and subsequent discretionary actions to be undertaken by the City and
responsible agencies for the implementation of the City of Palm Springs General Plan Update EIR (Project).
1.2 ENVIRONMENTAL. REVIEW PROCESS
In conformance with CEC A, the State CEQA Guidelines and the City of Palm Springs CEQA Guidelines, the
City of Palm Springs conducted an extensive environmental review of the proposed project. The
environmental review process has included the following:
Page 1-2 0 The Planning Center Jnae 2007
I
7. [ntrodlzlrtion and Szlznmaq
• Completion of an Initial Study by the City of Palm Springs, which concluded that an EIR should be
prepared, and the Notice of Preparation (NOP) which was released for a 30•day public review period
from July 17, 2006 to August 17, 2006. Section 2.3 of the EIR describes the issues identified for
analysis in the EIR through the Initial Study, Notice of Preparation, and public scoping process.
• Completion of a scoping process in which the public and public agencies were invited by the City of
Palm Springs to participate. The scoping meeting for the EIR was held on July 18, 2006.
Preparation of a DEIR by the City, which was made available for a 45-day public review period
(March 22, 2007 to May 7, 2007)_ The DEIR consisted of two volumes. Volume I contains the text of
the DEIR_ Volume 11 contains the Appendices, including the NOP responses to the NOP and analysis
of the following subjects: air quality, biological resources, cultural resources, soils and geology,
hydrology, water quality, noise, transportation and circulation, and infrastructure. Notice of the
availability of the DEIR was sent to interested persons and organizations, responsible agencies, and
was posted at the Office of the Clerk of Riverside County and the City's bulletin boards.
• Preparation of a FEIR, including the Comments and Responses to Comments on the DEIR. The
FEIR/Response to Comments contains the following: comments on the DEIR; responses to those
comments; revisions to the DEIR; and appended documents_ The FEIR/Response to Comments will
be released for a 10 day public review period in June 2007.
• Public hearings on the proposed project including Planning Commission hearings on April 25, May
2, and May 9, 2007_
1.3 PROJECT SUMMARY
The proposed project is an update to the City of Palm Springs General Plan. This update involves a revision
to the land use map and a revision to elements required by the State of California as well as optional
elements. The General Plan Update contains revisions to the state -mandated elements:
• Land Use
• Housing
• Circulation
• Safety
• Noise
• Recreation, Open Space and Conservation
Since opportunities for redevelopment and reinvestment into the community are a prominent issue for the
City, economic development and improved community quality are a considerable focus of the updated
General Plan and its policies. As a result, two additional optional elements were included in the General Plan
to provide additional direction for the City's future:
• Community Design Element
• Air Quality Element
City of Paix Springs General Plan Update .EIR
Findings of Fact and Statement of Overriding Cvm;derarions
City of Palm Springs • Page 1-3
51
1. Introduction and Sammaq
1.4 DOCUMENTFORMAT
This document summarizes the significant environmental impacts of the project, describes how these
impacts are to be mitigated, and discusses various alternatives to the proposed project which were
developed in an effortto reduce the remaining significant environmental impacts. All impacts are considered
potentially significant prior to mitigation unless otherwise stated in the findings.
This document is divided into the following five sections:
• Section 1.0 _ Introduction and Summary
• Section 2.0 - Findings on the Project Alternatives Considered in the EIR
• Section 3.0 - Findings on Potentially Significant Impacts of the Proposed Project Identified in the
CEIR/FEIR
• Section 4.0 -Statement of Overriding Considerations
• Section 5.0 - References
Section 2.0, Findings on the Project Alternatives Considered in the EIR, presents alternatives to the project
and evaluates them in relation to the findings set forth in Section 15091(a) (3) of the State CMA Guidelines,
which allows a public agencyto approve a project that would result in one or more significant environmental
effects if the project alternatives are found to be infeasible because of the specific economic, social, or other
considerations.
Section 3.0, Findings on Potentially Significant Impacts of the Proposed Project Identified in the DEIR/FEIR,
presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures
identified in the MMP, the findings for the impacts, and the rationales for the findings.
Section 4.0, Statement of Overriding Considerations, presents the overriding considerations for significant
impacts related to the project that cannot be or have not been mitigated or resolved. These considerations
are required under Section 15093 of the State CEQA Guidelines, which require decision makers to balance
the benefits of a proposed project against its unavoidable environmental risk in determining whether to
approve the project.
Section 5.0, References, identifies all references cited in this document.
Page 1-4 0 The Planning Center June 2007
2. Findings on P1^oject AlterndtzVes
'
The following discussion is intended to provide a summary of the alternatives considered and rejected in the
City of Palm Springs General Plan Update EIR, including the No Project/Existing General Plan Alternative, the
Reduced Intensity Alternative, and the Alternative Land Use Plan Alternative.
2.1 ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT
PLANNING PROCESS
The following is a discussion of the land use alternatives considered during the scoping and planning
process and the reasons whythey were notselected for detailed analysis in the EIR. The feasibility of shifting
development intensities entirely to the Sphere of Influence (SO[) was the only alternative reviewed and
rejected during the scoping/project planning process.
Z 1.1 Alternative Development Areas
CEOA requires that the discussion of alternatives focus on alternatives to the project or its location which are
capable of avoiding or substantially lessening any significant effects of the project. The key question and first
step in the analysis is whether any of the significant effects of the project would be avoided or substantially
lessened by putting the project in another location. Only locations that would avoid or substantially lessen
any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines
§15126(5)(6)(1)). In general, any development of the size and type proposed by the project would have
substantially the same impacts on air quality, land use and planning, noise, population and housing, public
services, recreation, transportation/traffic, and utilities and service systems. Without a site -specific analysis,
impacts on aesthetics, biological resources, cultural resources, geology/soils, hazards and hazardous
materials, hydrology and water quality, and mineral resources cannot be evaluated.
Since the proposed project consists of a General Plan Update, an alternative site analysis is not appropriate.
However, areas proposed for developmentwere reviewed to determine if development could be redirected to
less sensitive areas. Since the City of Palm Springs is predominantly built out, there are very few unde-
veloped areas which remain available for development. The large majority of undeveloped land is within the
City's current sphere of influence (SOI), which contains areas of sensitive biological habitat As a result,
shifting development intensities entirely to the 801 is not feasible and would create greater environmental
impacts_ As a result, alternative development areas were rejected and are not analyzed in detail in this DEIR.
2.2 ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
Based on the criteria listed above, the following three alternatives have been determined to represent a
reasonable range of alternatives which have the potential to feasibly attain most of the basic objectives ofthe
project but which may avoid or substantially lessen any of the significant effects of the project. These
alternatives are analyzed in detail below:
1. No-Project/Existing General Plan Alternative
2, Reduced Intensity Alternative
3. Alternative Land Use Plan
City of Pdm Springs General Plan Update .EIR
Findings of Faci and Statement of Overriding Coniiderations
City of Palm Springs • Page 2-1
E�
2, Findings on Project Alternatives
2.2.1 No-Project/Existing Genera/ Plan Alternative
Description: This alternative, which is required by CEQA, assumes the existing General Plan remains as the
adopted long-range planning policy document for the City. Development would continue to occur within the
City in accordance with the existing General Plan, Zoning Code, and Specific Plans. Buildout pursuant to the
existing General Plan would allow current development patterns to remain.
The existing General Plan Land Use map consists of various land use designations. Broad categories of
these designations include residential, commercial, employment centers, institutional, open space, and
other, which include the Central Business District, The Palm Hills area, and the Section 14 Specific Plan.
Tables 3-1 and 3-2 summarize the residential and nonresidential buildout estimates of the current General
Plan, respectively. The tables show that Palm Springs is a residential city (9,327 acres out of 58,468 total
acres) with significant open -space resources (25,044 acres), as well as commercial (787 acres) and industrial
development potential (1,6T7 acres). The residential density with the greatest population is Medium Density
Residential (M15) followed closely by Low Density Residential (L4)_ High Density Residential (H43/30) is a
close third.
The No Project/Existing General Plan Alternative would be considered environmentally superior to the
proposed project with regard to air quality, biological resources, cultural resources, hazards and hazardous
materials, mineral resources, noise and transportation and traffic. This alternative would be considered to the
be environmentally inferior alternative with regard to geology and soils, land use and planning, public
services, recreation, and utilities and service systems_ The No Project/Existing General Plan Aftemat vewould
be considered environmentally neutral (i.e., impacts would be similar) for aesthetics, agricultural resources,
and hydrology and water quality_
Finding: The City finds that specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities in a housing -rich area, make
the No Project/Existing General Plan Alternative infeasible. (Public Resources Code § 21081(a)(3),
Guidelines 915091(a)(3)).
Facts in Support of Finding:
• The No Project/Existing General Plan Alternative would not avoid or reduce any of the significant
impacts of the proposed project.
• While this alternative would avoid some of the significant effects of the proposed project, this
alternative would not achieve many of the project objectives identified in Section 3.2 of the DEIR,
including the comprehensive update of the City's General Plan, the beneficial impacts associated
with new housing opportunities, and the promotion of economic stability in the City.
The alternative would have greater environmental impacts that the proposed project in the areas of
geology and soils, land use and planning, public services, recreation, and utilities and service
systems_
Page 2-2 +The Planning Center Jame 2007
2. Findings on Project Alternatives
2.2.2 Reduced Intensity Alternative
Description: The Reduced Intensity Alternative would reduce the remaining growth potential associated with
the proposed General Plan Update by 20 percent. The 20 percent reduction was based on the total amount
of intensity at buildout as compared to proposed General Plan and applied on a Citywide basis. This
alternative would result in a total of 41,028 dwelling units, a population of 75,794, 44,650 jobs, 9,881,850
million square feet of commercial, 16,904,902 million square feet of office/industrial, and 10,496 hotel rooms
-- at buildout. Land use designations would remain the same, although allowable intensities would be reduced.
Other components of the project would remain the same as the proposed General Plan Update.
The Reduced Intensity Alternative would be considered environmentally superior to the proposed project
with regard to air quality, hazards and hazardous materials, noise, public services, recreation, transportation
and traffic and utilities and service systems. This alternative would be considered to be the environmentally
inferior alternative with regard to population and housing- The Reduced Intensity Alternative would be
considered environmentally neutral (i.e., impacts would be similar) for aesthetics, agricultural resources,
biological resources, cultural resources, geology and soils, hydrology and water quality, land use and
planning, and mineral resources.
Finding: The City finds that specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities in a housing -rich area, make
the Reduced Intensity Alternative infeasible. (Public Resources Code § 21081(a)(3), Guidelines §
15091(a) (3)).
Facts in Support of Finding:
• This alternative would reduce impacts compared to the proposed project in the categories of air
quality, hazards and hazardous materials, noise, public services, recreation, traffic and transporta-
tion, and utilities and service systems by approximately 20 percent; however, no significant impacts
would be avoided.
• This alternative would meet most of the project objectives as described in Section 3.2 of the DEIR,
but not to the same extent, since the reduction of residential units and employment opportunities
would not be realized to the extent of the proposed project.
• The benefits of providing additional employment in a housing -rich area would not be realized to the
full extent provided with the proposed project.
2.2,3 Alternative Land Use Plan
Description: The Alternative Land Use Plan would shift allowable residential densities from the Chino Cone
area of the City to the Downtown area. This alternative would increase the amount of open space in the
Chino Cone area, thereby reducing associated aesthetic and biological impacts. However, intensities within
the Downtown area would be increased_ Although traffic in the Downtown area would be increased, the
increased densities could provide greater opportunities for alternative forms of transportation, including
walking and biking. This alternative would also allow for greater trip capture within the downtown area,
thereby reducing vehicle miles traveled and associated emissions. Although residential densities would be
shifted, the total amount of residential units within the City would remain at 51,285 at buildout. However,
under this alternative, the potential for single-family homes would be replaced by a greater number of
City of Pain Springs General Plan Update EIR Ciry of Palm Springs • Page 2-3
Findings of Fact and Statement of Overriding Considerations
2. Findings on Project Alternatives
attached and mixed -use projects in the Downtown. All other components of the General Plan would remain
the same.
The Alternative Land Use Plan would be considered environmentally superior to the proposed project with
regard to aesthetics, air quality, biological impacts, geology and soils, mineral resources, public services,
and utilities and service systems. This alternative would be considered to be the environmentally inferior
alternative with regard to cultural resources, and noise. The Alternative Land Use Plan would be considered
environmentally neutral (i.e., impacts would be similar) for agricultural resources, hazards and hazardous
materials, hydrology and water quality, land use and planning, population and housing, recreation, and
transportation and traffic.
Finding: The City finds that specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities in a housing -rich area, make
the Alternative Land Use Plan infeasible. (public Resources Code § 21081(a)(3), Guidelines §
15091(a) (3)).
Facts in Support of Finding:
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• This alternative would reduce impacts compared to the proposed project in the categories of
aesthetics, air quality, biological resources, geology and soils, mineral resources, public services,
and utilities and service systems, however, no significant impacts would be avoided.
• This alternative would meet most of the project objectives as described in Section 32 of the DEIR,
but not to the same extent; the increase in density of residential units would not offer the broad
range of housing opportunities available under the proposed project.
Page 2-¢ • The Planning Center Jtme 2007
3. Findings on Potentially Significant Impacts
This section identifies the findings on impact categories analyzed in the DEIRIFEIR including potentially
significant impacts of the project.
3.1 AESTHETICS
Impact 5.1-1: Implementation of the General Plan Update would not substantially alter the visual
appearance of the City.
The Santa Rosa and San Jacinto Mountains are the major natural landscape features of the Palm Springs
area and provide significant scenic views for the Palm Springs community. The existing scale and design of
the City, as well as its land uses, complement and do not deter from the scenery of the mountain backdrop.
The implementation of the General Plan Update would not significantly alter these views to the mountains
because the Preferred Land Use Alternative of the General Plan Update, as well as its policies, encourages
the continued development and enhancement of a low -density, residential, and resort- focused community.
While the General Plan Update would increase commercial development, the design of new commercial
development would be guided by policies and actions in the General Plan, primarily the Community Design
Element. Additionally, policies in the General Plan Update, especially the Community Design Element,
promote the preservation of scenic views. Policy areas include, but are not limited to, encouraging the
enhancement of scenic corridors and gateways into the City, developing visually interesting and distinctive
commercial development, and the creation of visually pleasing and unifying streetscapes throughout the
City. Therefore, implementation of the proposed project would not adversely impact scenic views orvistas in
the Palm Springs area.
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Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to aesthetics for the reasons set forth in the DEIR.
Impact 5.1-2: The proposed project would generate additional light and glare.
Lighting in a desert context, especially glaring light, has the potential to impact the visual quality of the
nighttime sky and natural open -space areas_ The County of Riverside General Plan Western Coachella Valley
Area Plan (WCVAP) recognizes that the nighttime sky is an attraction for residents of the valley. The WCVAP
also recognizes that wildlife habitat areas can be adversely impacted by artificial lighting. Additionally,
nighttime lighting from the Western Coachella Valley Area has an impact on views from the Mount Palomar
Observatory in San Diego County, which requires darkness for clear nighttime viewing. The presence of the
observatory requires specie nighttime lighting standards in certain areas of Riverside County including the
City of Palm Springs. The County Light Pollution Ordinance contains light requirements and standards
intended to limit light leakage and spillage that may interfere with the operations of the Palomar Observatory.
Since the City of Palm Springs is within Zone B of the Palomar restricted nighttime light zone, the City must
comply with these county standards. Furthermore, the Community Design Element of the General Plan
Update recognizes the importance of minimizing the impacts of artificial light to nighttime views of the sky
and contains policies that protect nighttime views from excessive glare_ As such, implementation of the
Ciry of Palm Springs General Plan Updare EIR Ciry of Palm Springy • Page 3-1
Findings of Fact and Statement of Overriding Considerationr
3. Findings on Potentially Significant Impacts
General Plan Update would not subslantially degrade the existing visual character and quality of Palm
Springs.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to aesthetics for the reasons set forth in the DEIR-
3.2 AGRICULTURE RESOURCES
Impact 5.2-1: The General Plan Update would convert 34.1 acres of California Resource Agency -
Designated Prime Farmland to Desert (1 DU110 AC) Land Use.
The proposed General Plan update would result in the conversion of $4.1 acres of designated Prime
Farmland to a nonagricultural land use designation. Currently, there are no specific agricultural land use
designations within the City of Palm Springs.
The active existing agricultural use would be allowed under the proposed land use designation of Desert, the
intent of which would be to preserve and protect the natural, scenic, and wildlife resources unique to the
Palm Springs desert environment. Thus, over the longterm, the 34.1 acres would convert to nonagricultural
uses. Implementation of the General Plan Update over the long-term would convert the remaining parcel of
Prime Farmland in the City.
Mitigation Measures
There are no feasible mitigation measures regarding agricultural uses.
Finding: Project related agricultural resource impacts are considered a significant unavoidable impact
and a Statement of Overriding Considerations is required.
Impact 52-2: The General Plan Update would involve changes in the existing environment thatwould
result in the conversion of surrounding farmland to nonagricultural uses.
As discussed in Section 5.2.1 of the DEIR, changes in land use resulting from implementation of the General
Plan Update would convert the remaining designated Prime Farmland in the City to a non-agricultural land
use designation- No other changes in the existing environment resulting from implementation of the update
are anticipated to result in other farmland conversion. Future development projects concerning the site
discussed would require environmental review in accordance with CEQA, including assessment of potential
agricultural resources impacts. Review at the time should include any updated inventory of important
farmlands from the California Resource Agency within the City.
Mitigation Measures
There are no feasible mitigation measures regarding agricultural uses_
Page 3-2 •The Planning Center June 2007
3. Findings on Potentially Significant Impacts
Finding: Specific economic and other considerations make infeasible the mitigation measures or
alternatives discussed in the DEIR, therefore, project -related agricultural resource impacts are
considered a significant unavoidable impact and a Statement of Overriding Considerations is
required.
3.3 AIR QUALITY
Impact 5.3-1: The Palm Springs General Plan is consistent with the applicable Air Quality
Management Plan.
The emissions associated with the currently adopted General Plan would result in higher emissions for all
criteria pollutants at General Plan Buildout Year 2025, as compared to the proposed General Plan. The
difference in emissions between the currently adopted General Plan and the proposed General Plan is a
result of less residential and industrial development compared to the existing General Plan. The current
General Plan designates a maximum of 54,628 residential units while the proposed General Plan designates
a maximum of 48,913 residential units. The proposed General Plan would also designate less land use for
Industrial compared to the current General Plan. As air quality emissions from buildout of the proposed
General Plan would not exceed those emissions projected under the existing General Plan, the proposed
General Plan would be consistent with the current AOMP, which is based on the emissions inventory of the
existing General Plan.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since the proposed project is consistent with the goals of the AQMP, no significant impacts
are anticipated for the reasons set forth in the Draft EIR„
Impact 5.3-2, Construction activities associated with buildout of the General Plan would generate
short-term emission of CO, NO, ROG, SOX, PM,q and PM,,, in exceedance of SCAQMD's construction
thresholds and significantly contribute to the ozone and PM,, nonattainment designation of the SSAB.
Construction activity would occur over the buildout horizon in accordance with the proposed General Plan
Update. Construction associated with the General Plan would cause temporary, short-term emissions of CO,
NO, ROG, SO%, PM,,, and PM,,. Construction equipment exhaust would be the primary source of emissions
of CO, NO,. SOX, and PM., while the application of architectural coating and solvents would be the primary
source of ROG emissions. Activities that disturb the soil, such as grading and excavation, mad construction,
and building demolition and construction would be the primary source of fugitive dust emissions (PM,o and
PM,.,). Information regarding specific development projects, soil types, and the locations of receptors would
be needed to quantify the level of impact associated with construction activity. Air quality emissions related to
construction must be addressed on a project -by -project basis. For this broad -based General Plan Update it
is not possible to determine the emissions that would be generated by the development of individual projects
that comprise the proposed General Plan, due to the speculative nature of scheduling construction projects.
However, it is expected that for larger projects, operation of construction equipment, architectural coating of
structures, and ground -disturbing activities associated with demolition and grading would result in air
pollutant emissions that exceed the SCAOMD's construction thresholds, because these thresholds were
designed for individual projects and the General Plan is comprised of a great number of projects that often
occur simultaneously. Construction operations for individual development projects that are consistent with
City of Palm Springs General Plan Update EIR Ciey of Palm Springs • Page 3-3
Findings of Pact and Statement of Overriding Considerations
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3. Findings on Potentially Significant Impacts
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the General Plan and whose emissions of NO,, ROG, and PM,, exceed the SCAQMD thresholds would i.•:�
significantly contribute to the ozone and PM,,, nonaltainment designation of the Salton Sea Air Basin.
Mitigation Measures
3-1 The City shall place a condition of approval on future development projects requiring the
property owner/developer to include on all grading plans a note that requires the construction I V
contractor to implement the following measures during grading operations. These measures J
shall also be discussed at the pregrade conference:
• Contractors within the City of Palm Springs shall use Tier 1 or higher construction
equipment.
• Construction contractors within the City shall maintain construction equipment engines
by keeping them tuned according to manufacturers' standards. i
• Contractors within the City of Palm Springs shall schedule construction operations to
minimize traffic congestion.
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• Contractors within the City of Palm Springs shall develop a traffic plan to minimizetraffic
flow interference from construction activities (the plan may include advance public
notice of routing, use of public transportation, and satellite parking areas with a shuttle
service).
Finding: Changes or alterations have been required in, or incorporated into, the project, however,
project -related air quality impacts remain a significant unavoidable adverse impact and a Statement of
Overriding Considerations is required.
Impact 5.33: Buildout of the proposed General Plan would generate emissions of CO, NO,, ROG,
Sox, PM,,, and PM,, that exceed the SCAQMD's operational thresholds and would significantly
contribute to the ozone and PM,, nonaltainment designation of the SSAB, j
Future growth in accordance with the proposed General Plan Update would exceed the daily SCAQMD
thresholds for CO, NO,, ROG, PM,,, and PM..,- The exceedance of the SCAQMD emissions thresholds would
be expected because these thresholds were designed for individual projects. As such, specific or general
plans would substantially exceed the SCAQMD thresholds by orders of magnitude because these plans
incorporate the development of multitudes of individual projects. The SSAB is designated as nonaltainment
under both the CAAQS and the NAAQS for ozone and PM,,. Emissions of NO, and ROG that exceed the
SCAQMD operational thresholds would significantly contribute to the ozone nonaltainment designation,
while emissions of PM,. that exceed the SCAQMD thresholds would contribute to the PM,, nonaltainment
designation of the SSAB. Consequently, buildout associated with the proposed General Plan would
significantly affect air quality in the SSAB.
Mitigation Measures
3-2 The City shall reduce vehicle emissions caused by traffic congestion by implementing
transportation -systems -management techniques that include synchronized traffic signals.
Page 3-4 •7'he Planning Center Jrene 2007
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3. Findings on Potentially Significant Impacts
Finding: Project related air quality impacts are considered a significant unavoidable adverse impact
and a Statement of Overriding Considerations is required -
Impact 5.3-4: Buildout of the proposed General Plan could expose sensitive receptors to substantial
pollutant concentrations.
The Palm Springs General Plan designates land uses surrounding 1.10 for Industrial, Desert, Very Low
Density Residential, Public Utilities, and Open Space -Mountain. Residential buildout associated with Very
Low Density Residential, Desert, and Open Space -Mountain has the potential to expose sensitive receptors
to substantial pollutant concentrations from diesel exhaust. If new sensitive development, consistent with the
General Plan, were placed in the vicinity of any existing air -pollutant -generating sources, then sensitive
receptors may be exposed to significant concentrations of air pollutants from other air pollutant generating
sources. In accordance with CEQA, new development would be required to assess the localized air quality
impacts from placement of new sensitive uses within the vicinity of air pollutant generated sources.
Consequently, placement of sensitive uses proximate to major pollutant sourceswould result in significant air
quality impacts from the exposure of persons to substantial pollutant concentrations -
Mitigation Measures
3.3 The City of Palm Springs Department of Planning Services shall evaluate new development
proposals within the City for potential incompatibilities with regard to the California Air
Resources Board's Air Quality and Land Use Handbook: A Community Health Perspective (Aprilo
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2005). New development that is inconsistent with the recommended buffer distances shall only 961
be approved if all feasible mitigation measures are incorporated into the project design to �`
protect future sensitive receptors from harmful concentrations of air pollutants as a result of
proximity to existing air pollution sources.
Finding: Since the General Plan Update may expose sensitive receptors to substantial pollutant
concentrations, impacts are considered a significant unavoidable adverse impact and a Statement of
Overriding Considerations is required.
Impact 5.3-5, Buildout of the Palm Springs General Plan would not create objectionable odors.
Although no objectionable odors are anticipated to result from the implementation of the General Plan
Update, individual projects associated with the proposed General Plan are also required to comply with
SCAQMD Rule 402 to prevent occurrence of public nuisances- As a result, project -related odors are required
to avoid the creation of a public nuisance. Odorous emissions attributable to the proposed project are not
considered a significant adverse impact to air quality.
Mitigation Measures
No mitigation measures are necessary.
Finding; Since the project would not create objectionable odors, no significant impacts are
anticipated for the reasons set forth in the DEIR.
City of Palm Spring) General Plan Update EIR C'iry of Palm Springs • Page 3-5
FF-'ndings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
3.4 BIOLOGICAL RESOURCES
Impact 5.4-1c Development of lands in accordance with the proposed General Plan land use
designations could potentially result in the loss of habitat, sensitive natural communities, and
sensitive species in undeveloped portions of the City and SOL
The majority of impacts to sensitive vegetation communities and wildlife species would occur as a result of
project -specific activities developed pursuant to the City of Palm Springs General Plan Update_ At the time
individual development applications are submitted and building envelopes become more defined, the City
will assess development proposals for potential impacts to significant natural resources pursuant to CEQA
and associated state and federal regulations. The City of Palm Springs is a participant in the development of
the proposed CVMSHCP and is coordinating with the Tribe regarding the HCP Upon adoption of the
CVMSHCP and HCP, additional protection for habitats and sensitive species would be afforded to the
undeveloped portions of the City, its SOI, and Tribal lands within the City through inclusion in the CVMSHCP
and HCP's conservation areas and programs.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to biological resources for the reasons set forth in the DEIR.
Impact 5.4-2. Development in accordance with the proposed General Plan land use designations
would not result in the loss of riparian habitat in undeveloped portions of the City and SOI.
Riparian habitat within the City and SOI is limited to Snow Creek and Chino Canyon, Tahchevah, Andreas,
Murray, and Palm Canyons, and Oasis de Los Osos. Drainages in the northern and eastern slopes of the San
Jacinto and San Bernardino Mountains provide additional riparian habitat. Riparian plant and wildlife species
are also associated with desert fan palm oasis habitat, located primarily in the southern portion of the City. All
canyons within the area support riparian areas typical of a desert environment, including palm oases. These
areas are currently protected as existing reserves or conservation areas. Implementation of the General Plan
Update in accordance with the proposed land use designations, primarily Open Spare — Mountain, would
allow limited development in these protected areas. Further, upon adoption of the CVMSHCP and HCP,
additional protection for habitats, including riparian habitat, and sensitive species would be afforded to the
undeveloped portions of the City, its SOL and Tribal lands within the City though inclusion of the plans'
conservation areas and programs.
Mitigation Measure
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to biological resources for the reasons set forth in the DFIR.
.Page 3-6 • The Planning Center June 2007
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3. Findings on Potentially Significant Impacts
Impact 5.4-3: Development in accordance with the proposed General Plan land use designations may
impact USACE and CDFG jurisdictional water in undeveloped portions of the City and SOL
Potential ALOE and CDFG jurisdictional waters and wetlands within the City and SOI include the Whitewater
River and its tributaries, springs, oases, washes, and surface waters. In the northern portion of the City's 501,
several named and unnamed drainages emanate from the San Jacinto Mountains to the valley floor. In the
southern portion of the City, unnamed drainages drain the slopes of the Santa Rosa Mountains ultimately
draining to the Whitewater River. Implementation of the General Plan Update in accordance with the
proposed land use designations would allow limited development in these areas. Areas designated for
development that have riparian habitat present would be subject to the requirements of applicable 404
permits from the ACOE, USFWS review, and CDFG 1600 Streambed Alternation Agreements. Compliance
with these requirements would prevent the occurrence of any significant impacts to jurisdictional waters_
Mitigation Measuro
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to biological resources for the reasons set forth in the DEIR.
Impact 5.44: Development in accordance with the proposed General Plan land use designations
would not affect wildlife movement corridors in undeveloped portions of the City and SOL
Several areas within the undeveloped portions of Palm Springs and its SOI areas are utilized as migratory
corridors for the movement of wildlife, primarily in the western and southern undeveloped portions of the
City. Additionally, the northwestern part of the City located within the San Gorgonio Pass area is the only area
where connectivity for wildlife remains between the Peninsular and Traverse ranges. Wildlife may also
occasionally use the Whitewater River wash as a travel route even though the wash is a managed flood -
control channel_ In general, development can affect wildlife corridors through an increase in vehicular traffic
levels and nighttime light levels. These factors have been found to deter the movement of many animals.
Development is not proposed in the western or southern mountain and canyon areas. Implementation ofthe
General Plan update in accordance with the preferred land use designations would allow limited
development in these areas. Development in the northwestern portions of the planning areawould be limited
to Open Space --Conservation or Mountain, allowing one dwelling unit per 20-40 acres. Any future
development allowed in the Chino Gone Special Policy Area would be mandatedto demonstrate consistency
with the goals and policies expressed in the General Plan. These goals and polices include protection forthe
biological sensitivity of the area_ No development is proposed within the Whitewater River flood control
channel. Upon adoption of the CVMSHCP additional protection and conservation of habitats, including
wildlife movement corridors, and sensitive species would be afforded to the undeveloped portions of the City
and its SO[ through inclusion in the CVMSHCP and HCP's conservation areas and programs.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to biological resources for the reasons set forth in the DEIR.
City of Palm Springs General Plan Update EIK City of PaIx Spring] • Page 3-7
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
Impact 5.4-5: The proposed project would require compliance with the City ordinance protecting -
biological resources in undeveloped portions of the City and SOL
fl.
Future project development in accordance with the City of Palm Springs General Plan Updateproposed land
use alternative would comply with relevant policies and ordinances relating to biological resources within the
City, including ordinances that limit development within mountainous lands and hillside areas, including 4 't
Chapter 93.13.00 - Hillside Developments of the City of Palm Springs Municipal Code.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since the proposed project will comply with the City's regulations, no significant impacts are
anticipated for the reasons set forth in the DEIR.
Impact 5.4-6: Development in accordance with the General Plan Update would require compliance, II
upon adoption, with the Coachella Valley Multi -Species Habitat Conservation Plan and the Tribal L
Habitat Conservation Plan.
The CVFTL HCP is the current applicable FICP that protects biological resources within the existing
Thousand Palms Preserve and the Willow Hole/Edom Hill Preserve areas, located northeast of the City, and
the Whitewater River Floodplain Preserve area, located within the City boundaries south of 1-10 between
Indian Avenue and Gene Autry Trail. Currently, the City of Palm Springs is not covered by an adopted I J
HCP/NCCP. However, the City is a participant in tie development of the proposed CVMSHCP. Approval and
adoption of the plan is imminent and is anticipated to occur in 2007. Upon adoption, biological resources
protection on the nontribal portions of the City would fall within the CVMSHCP. The City, as a participating
entity would be required to comply with the plan. Similarly, Tribal lands within the City and SOI currently are
not covered by an adopted HCP/NCCP. The HCP has been developed and is also pending approval and
granting of take authority. Upon final approval of the HCP and issuance of incidental take authority to the
Tribe, future projects would comply with the THCP Until the CVMSHCP and HCP receive final approval, any
future development in accordance with the City of Palm Springs General Plan Update would be required to
comply with the existing regulations and standard conditions listed below- Compliance with these regulations
and conditions would prevent the occurrence of significant impacts. r -,
Mitigation Measures
No mitigation measures are necessary -
Finding: Until the CVMSHCC and THCP are adopted, future projects would be required to comply with
existing regulations and conditions, therefore, no significant impacts are anticipated for the reasons
set forth in the DEIR.
Page 3-8 • The Planning Cemer June 2007
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"' 3. Findings on Potentilydly Significant impacts
-I 3.5 CULTURAL RESOURCES
Impact 5.5-1 Development in accordance with the proposed General Plan land use designations could
L impact an identified historic resource.
The City of Palm Springs prepared a comprehensive Historic Resource Survey in 2004 to formally document
200 of the City's most historically and architecturally significant buildings. According to the 2004 survey,
there are no sites within the City boundaries of Palm Springs listed on the National Register of Historic
Places, California Register of Historical Resources, California Registered Historical t.andmarks, California
Points of Historical Interest, or properties reviewed by OHP as part of a historic resources survey or an
environmental review. Within the municipal boundaries of the City, one site, the Frances S. Steven School
located on North Palm Canyon Drive, is listed on the California Register of Historical Resources. Additionally,
two sites within the General Plan planning area are listed in the National Register of Historic Places -
Tahquitz Canyon and Andreas Canyon. There are also historic resources that are of local interest (see Table
5.5-1 in the DEIR) and are protected under the City Municipal Code, Chapter 8.05.
At the time a development or redevelopment is proposed, the project -level CEQA document would need to
identify any impacts to potentially historic structures- Implementation of the General Plan Update would not
result in the loss of potentially historic structures. Furthermore, local ordinances, General Plan policies and
state and federal regulations restricting minor and/or major alterations and demolitions of historic resources
would protect any future designated historic sites.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since the proposed project would not impact an identified historic resource, no significant
impacts are anticipated for the reasons set forth in the DEIR.
Impact 5.5-2: Development pursuant to General plan implementation could impact archaeological
resources.
Areas of the City and SOI areas are likely to contain significant archaeological resources, as seen in Figure
5.5-2 of the DEIR, specifically in the canyon and foothills of the San Jacinto and Santa Rosa Mountains, and
in the area next to the Whitewater River. The Palm Springs General Plan Update, however, discourages
development in much of the mountain ranges by designating the land Open Space -Mountain (1 du/40 ac).
While much of the area around the river is designated Open Space -Conservation (1 du/20 ac) or
Watercourse Zone, there are certain areas designated residential or industrial (See Figure 3-4b). Therefore,
buildout of the Palm Springs General Plan Update could potentially unearth previously unrecorded
archeological resources -
Mitigation Measures
5-1 The City shall establish standard conditions of approval and criteria for determining which
discretionary projects are likely to contain significant archaeological materials to warrant further
site -specific investigation, or archaeological assessment, intensive surface surveys, monitoring
during grading and/or subsurface testing as part of the project development process.
City of Palm Springs General Plan Update EI R City of Palm Springs► Page 3-9
Findings of Fact and Statement of oa erriding Considerations
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3. Findings on Potentially Significant Impacts
Finding: The mitigation measure is feasible and avoids or substantially lessens potentially significant
archaeological resources impacts to a less -than -significant level for the reasons set forth in the DEIR.
Impact 5.5-3: Development pursuant to General Plan implementation could destroy paleontological
resources or a unique geologic feature.
The results of the literature review and search of the RPU at the SBCM demonstrate that Mesozoic granitic,
metamorphic, and metasedimentary rocks, as well as the Ocotillo Conglomerate and recent alluvium
(including dune sand and wash sediments) within the boundaries of the proposed study area all have low
potential to adversely impact significant nonrenewable paleontological resource. These rock units are
assigned low paleontological sensitivity. No paleontological resource mitigation program is recommended
for excavation or other development in Mesozoic granitic, metamorphic, or metasedimentary rocks in the
Ocotillo Conglomerate or recent alluvial sediments at this time.
However, sediments in the Palm Springs Formation, if determined to be present, have high potential to
contain significant fossil resources, and so are assigned high paleontological sensitivity. Additionally,
subsurface Pleistocene nonmarine alluvium present at depth in the flat -lying portions of the study area may
have high potential to contain significant paleontological resources, depending upon its lithology and
depositional context; these sediments are assigned undetermined paleontological sensitivity. While it cannot
be determined at what depth these potentially fossil -bearing sediments might be encountered, it is estimated
that excavation to depths in excess of five feet below the existing ground surface may expose these
sediments_ Pleistocene alluvial fans along the northern flanks of the Santa Rosa Mountains may also have
high paleontological sensitivity, depending upon their lithology.
Mitigation Measure
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5-2 The City shall establish standard conditions of approval and criteria for determining which i
discretionary projects are likely to contain significant paleontological materials to warrant further
site -specific investigation, or paleontological assessment, monitoring during grading and/or
subsurface testing as part of the project development process.
5-3 The City shall establish standard conditions of approval requiring that recovered specimens be
prepared to a point of identification and permanent preservation, including washing of
sediments to recover small invertebrates and vertebrates. Preparation and stabilization of all
recovered fossils is essential in order to fully mitigate adverse impacts to the resources_
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant
paleontological impacts to a less -than -significant level for the reasons set forth in the DFIR.
Impact 55-4: Grading activities could potentially disturb human remains.
The City and the SOI areas are located in an area determined to have high cultural sensitivity as identified in
the County of Riverside General Plan, Figure OS-7, Historical Resources, and in Figure 5.5-1 of the
document. Additionally, as previously mentioned, the City and SOI are identified as part of theAgua Caliente
Band of Cahuilla Indians Traditional Use Area. As a result, buildout of the Palm Springs General Plan could
unearth human remains, including those outside of formal cemeteries. In addition, with implementation ofthe
regulations listed below, potential impacts to human remains would be reduced by ensuring that if remains
Page 3-70 •The P4%nning Center June Z007
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3. Findings on Potentially Significant Impacts
are uncovered all work in the vicinity of the site would be stopped and that there would be no disposition of
human remains except in accordance with the California Public Resources Code Section 5097.98.
Mitigation Measure
5-4 Upon receipt of an application for a project subject to CEQA and within the City's jurisdiction,
the City or City's representative shall consult with the Agua Caliente Band of Cahuilla Indians to
determine if the proposed project is within a culturally sensitive area to the Tribe. If substantial
evidence demonstrates that the site is within a culturally sensitive area, the project applicant
shall retain City -certified archaeologist to prepare a cultural resource assessment. The findings
of the cultural -resource assessment shall be incorporated into the CEQA documentation. A copy
of the report shall be forwarded to the Tribe. If mitigation is recommended in the CEQA
document, the procedure described in Mitigation Measure 5.5 shall be followed.
5-5 Prior to the issuance of grading permits for which the CEQA document defines cultural resource
mitigation for potential tribal resources, the project applicant shall contact the designated Ague
Caliente Band of Cahuilla Indians tribal representative to notify them of the grading, excavation,
and monitoring program- The applicant shall coordinate with the City and the tribal
representative to negotiate an agreement that addresses the designation, responsibilities, and
participation of tribal monitors during grading, excavation, and other ground -disturbing
activities; scheduling; terms of compensation; and treatment and final disposition of any cultural
resources, sacred sites, and human remains discovered on the site. The City shall be the final
arbiter of the conditions included in this Agreement.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant
impacts concerning human remains to a less -than -significant level for the reasons set forth in the
HEIR.
3.6 GEOLOGYAND SOILS
Impact 5.6-1: Buildout of the Palm Springs General Plan would expose residents, occupants, visitors,
etc., to potential seismic -related hazards.
Regional active faults are typical of southern California, so it is reasonable to expect a moderately strong
ground motion seismic event to occur in the City of Palm Springs in the future. Compliance with existing
codes and regulations (CBC, UBC, and recommendations of the Structural Engineers Association of
California for seismically resistant design of structures), along with the City of Palm Springs's General Plan
and Municipal Code will reduce potential impacts to less than significant
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to seismic hazards for the reasons set forth in the HEIR.
City of Palm Springs General Plan Update EIR City of Palm Springs • Page 3-11
Findings of Fact and Statement of Overriding Considerations
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�. Findings on Potentially Significant Impacts
Impact 5.6-2- Unstable geologic units or soils conditions, including soil erosion, are located within the
boundaries of the City of Palm Springs and Sphere of Influence area. ,
The Palm Springs area is located within a region with the potential for unstable ground conditions to occur. J
including unstable slopes, compressible soils, collapsible soils, expansive soils, and ground subsidence-
1 '
Mitigation Measures t-A
No mitigation measures are necessary
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to geology and soils for the reasons set forth in the DEIR.
Impact 5.6-3: Soil conditions present in the City of Palm Springs and Sphere of Influence area may t'I
not adequately support septic Tanks.
New development in remote areas in Palm Springs may be unable to connect to an existing sewage system.
This is especially a concern for new septic tanks in an area underlain by expansive soils. Use of a septic tank
in soils with expansive properties could result in damage to proposed or existing structures as addition of
moisture to soils with expansive properties would result in volumetric changes in soil properties -The upward
pressures induced by the swelling of expansive soils can have significant harmful effects upon structures and
other surface improvements.
To protect water quality from existing septic systems, the City has adopted the Uniform Plumbing Code
(UPC), which specifies requirements for septic tanks, including the distance from an existing sewer line to
where a septic system would be allowed. Any project entailing the inclusion of a septic system would be
required to adhere to all building, construction, and engineering regulations and policies relating to septic
systems -
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the use of septic tanks for the reasons set forth in the DEIR.
3.7 HAZARDS AND HAZARDOUS MATERIALS
Impact 5.7-f : Future industrial and commercial development in accordance with the proposed City of
Palm Springs General Plan would involve the transport, use, and/or disposal of hazardous materials.
The General Plan Update involves the designation of commercial, industrial, and residential land uses in
Palm Springs and its SOI. Buildout in accordance with the Palm Springs General Plan Updatewould result in
an increase in the frequency of transport, use, and disposal of hazardous materials associated with
commercial and industrial growth within Palm Springs.
Page 3-12 •The Planning Genrer jime 2007
3. Findings on Potentially Significant Impacts
Current federal and state regulations, City ordinances, and proposed General Plan Update policies would
regulate the handling of hazardous substances to reduce potential releases, exposure, and risks of
transporting, storing, treating, and disposing of hazardous materials and wastes. Therefore, impacts are less
than significant.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the transport, use and/or disposal of hazardous materials for the
reasons set forth in the DEIR.
Impact 5.7-2: portions of the City of Palm Springs are included on a list of hazardous materials sites.
There are only two reported Significant Hazardous Materials Sites in the Palm Springs area - the Desert
Hospital and the Palm Springs Plating Company. To minimize hazards associated with use, storage, and
transport of hazardous materials at these significant hazardous sites, the Riverside County Fire Department
observes the 1997 version of the Uniform Fire Code (UFC). Risk minimization criteria include secondary
containment, segregation of chemicals to reduce reactivity during a release, sprinkler and alarm systems,
monitoring, venting and auto shutoff equipment, and treatment requirements for toxic gas releases.
Furthermore, under both federal and state law (Code of Federal Regulation and the California Health and ////'''���,,
Safety Code), as large -quantity generators, these facilities are required to prepare and submit a Hazardous Wil
Materials Business Plan to the DEH-HMMD_ Business plans include emergency response plans and
procedures to be used in the event of a significant or threatened significant release of a hazardous material.
Furthermore, the General Plan Update contains policies and programs to ensure compliance with federal,
state, and local regulations relating to hazardous waste and to reduce hazards associated with use of
hazardous wastes.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the transport, use and/or disposal of hazardous materials for the
reasons set forth in the DEIR.
Impact 5.73: The Palm Springs International Airport is located within the City of Palm Springs and
portions of the City are within the Land Use Compatibility Plan for the airport.
The Palm Springs International Airport is located in the eastern portion of the City of Palm Springs. Because
of the long-term use of the facility by aircraft, many of the existing, surrounding land uses are industrial or
commercial. Residential uses predominate to the north and industrial uses to the south. Existing residential
uses are located within one-half mile of the northwest runway approach. Existing residential uses do not
conflict with the adopted Airport Land Use Compatibility Plan for the Palm Springs International Airport.
However, as airport operations pose a potential hazard for residences in close proximity to the airport, no
new residential areas would be designated within close proximity to the Palm Springs International Airport
City of Palm Springs General Plan Update EIR Ciry of Palm Springs • Page 3-13
Findings of Fact and Statement of Overriding Considerations
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-3. Findings on Potentially Significant Impacts
with the General Plan Update, However, buildout of the General Plan would allow for additional industrial
development within close proximity to the Palm Springs International Airport.
Mitigation Measures
No mitigation measures are available to eliminate hazards associated with industrial development within
Zone A of the Airport Land Use Compatibility Plan for the Palm Springs International Airport.
Finding: Specific economic considerations, including considerations for the provision of employment
opportunities for highly trained workers, make infeasible the mitigation measures or alternatives
identified in the DEIR, therefore, if future industrial development is approved within Zone A that is not
associated with the Airport, this impact would remain Significant and Unavoidable and a Statement of
overriding Considerations is required -
Impact 5.7-4- Implementation of the Palm Springs General Plan would not adversely affect the
implementation of an emergency response or evacuation plan.
The City of Palm Springs most recent Multi -Hazard Functional Plan was adopted in 2004. The plan is
designed to address planned response to extraordinary emergency situations, either manmade or naturally
caused. In 2000, U.S_ Congress passed the Disaster Mitigation Act of 2000, which requires states and
counties to create and implement mitigation strategies in order to remain eligible for federal damage
assistance. In response to the directives of the Disaster Mitigation Act, the County of Riverside multi -agency
Multi -Hazard Functional Plan was created in late 2003, which included the City of Palm Springs. In addition to
emergency preparedness through preparation and adherence to the Multi -Hazard Functional Plan, the City
of Palm Springs has developed a CERT program to help its citizens and visitors prepare for potential
disasters. The CERT course is certified by FEMA and the State OES. The General Plan update would not
conflict with any established emergency response plan or emergency evacuation plan. No significant
impacts would be generated by the General Plan Update.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the implementation of an emergency response or evacuation plan forthe
reasons set forth in the DEIR.
Impact 5.7-5: Portions of the City of Palm Springs and SOI are located within high and very high fire
risk areas and could expose structures and/or residences to fire danger.
The undeveloped areas in Palm Springs are characterized by steep gradients that are generally conduciveto
spreading wildfires. Furthermore, the areas hot dry weather is ideal to generate the dry vegetation that fuels
most fires. Portions of the City and SO[ are located in the high and very high fire hazard areas. Fire hazards
are based on the terrain and the availability of fuel_ In the Palm Springs area, high and very high fire hazard
areas are located in the lower canyon reaches draining the San Jacinto Mountains, which include Tahchevah
Canyon, Tahquitz Creek, Andreas Canyon, and Palm Canyon. Furthermore, the neighborhoods located
along the foothills and canyon mouths could be impacted by wildland fire spreading along the
urban//wildland interface.
Page 3-14 • The Planning Center June 2007
3. Findings on Potentially Significant Imipacts
Using fire resistant building materials, implementing fuel modification zones, and maintaining vegetation
clearance around structures can help protect developed lands from fires, thereby reducing thepotential loss
of life and property. New development in wildland and wildland-urban interface areas must be consistentwith
the provisions of the Municipal Code and the proposed General Plan policies with regard to meeting fire
safety standards for building construction.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the fire hazards for the reasons set forth in the DEIR.
3.8 HYDROLOGYAND WATER QUALITY
Impact 5.8-1: Development pursuant to the proposed project would increase the amount of imper-
vious surfaces in the planning area and would therefore increase surface water flows into drainage
systems within the watershed.
New development would be required to comply with existing federal, state, and local regulations to reduce
stormwater runoff, erosion, and pollutant discharge associated with construction and operation. Impacts to
drainage patterns and potential erosion hazards would be mitigated on a project -by -project basis by ���1,1
adherence to NPDES requirements and the City's Municipal Code. In addition to planned improvements and �d�
applicable City codes, the goals, policies, and actions contained in the proposed General Plan Update direct
the City to maintain and improve the City's stormwater drainage systems to keep pace with growth, minimize
runoff, and decrease levels of pollution, thus serving to mitigate any potential impacts to existing drainage
facilities.
Mitigation Measures
No mitigation measures are necessary
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hydrology and water quality for the reasons set forth in the DEIR.
Impact 5.8-2: Development pursuant to the proposed project increases the amount of impervious
surfaces in the planning area, howeverwould not significantly impact opportunities for groundwater
recharge.
Three groundwater subbasins—Whitewater River, Mission Creek, and Indio —serve Palm Springs and its
planning area. The Whitewater River subbasin, the largest subbasin, contains 28 million acre-feet and
extends 70 miles from the junction of Highway 111 and 1-10 to the Salton Sea. The subbasin is recharged by
flows from the San Gorgonio Pass area, normal seasonal rainfalls, snowmelt, and surface waterfrom various
creeks. However, inflow is limited. Therefore, to ensure that adequate water is available, the Coachella Valley
water agencies rely on two sources of imported water - the Colorado River and the State Water Project
(SWP). CVWD's entitlementto Colorado Riverwater is firmly established at 330,000 acre-feet annually. The
three water agencies serving the City and SOI areas have indicated that they have sufficient water supplies to
meet the anticipated demand of the proposed projects implementation. Furthermore, supplemental waterfor
City of Palm Springs General Plan Update $1 R City of Palin Springs • Page 3-15
Findings of Faci and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
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the Coachella Valley has been assured through the year 2035 through various agreements that have been
entered into between different agencies and the CVWD and the DWA.
To further reduce the impacts of development on groundwater supplies, the CVWD, DWA, and MSWD have
implemented or are evaluating wastewater -reclamation strategies, including utilizing tertiary -treated
wastewater for golf courses, landscaping, and other irrigation purposes within the Coachella Valley,
The General Plan Update contains goals, policies and actions encouraging water conservation_ The City also
has a Water Efficient Landscape Ordinance, and the CVWD has a Valley -Wide Water Efficient Landscape
Ordinance. The General Plan Update would have a less than significant impact on groundwater supply and
recharge in the Palm Springs area.
Mitigation Measures
No mitigation measures are necessary_
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to groundwater recharge for the reasons set forth in the DEIR.
Impact 5.8-3: The General Plan Update could introduce housing within a 100-yearflood hazard area,
Portions of the City of Palm Springs are susceptible to storm -induced Ilooding in the San Gorgonio River,
Whitewater River, and other drainages that extend across the City_ Flooding is expected to occur on the
alluvial fans that the developed part of the City occupies. Flooding is expected primarily from sheet flow.
Flood -control structures built and maintained by the RCFCWCD have helped reduce flood damage in the
City since they were installed. Outside of the developed area of the City, most drainage channels remain in
their natural state. Due to the construction of flood -control structures, sheet flow in most of these areas is
estimated to be infrequent in occurrence or less than one toot deep. The 100- and 500-year flood zones are
shown in Figure 5.8-2 in the DEIR. These include the Whitewater and San Gorgonio River floodplains and
along Snow Creek, Blaisdell Creek, Chino Creek, Palm Canyon Wash, and Tahquftz Creek. Most of the flood -
prone areas are currently outside of the highly developed portion of the city: however, the General Plan
Update would allow extremely limited development in the northern and northeastern portions of the City,
Development in these flood -prone areas would increase impervious surfaces and reduce the absorption of
water into the ground, resulting in increased runoff to downstream areas. However, any additional
development in these areas would be required to improve the site and provide on -site storm drain systems to
avoid the risk of isolated flooding. Siting and design of these uses in flood prone areas would be contingent
on whether acceptable engineering measures can be applied to reduce the hazard- Critical facilities such as
schools should have evacuation plans in place that cover the possibility of flooding. Facilities using, storing,
or otherwise involved with substantial quantities of on -site hazardous materials should not be permitted in
the flood zones, unless all standards of elevation, anchoring, flood proofing, and hazardous materials use
and storage have been satisfied.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to flooding for the reasons set forth in the DEIR.
Page 3-16 • The P14nni7zg Canter June 2007
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3. Findings on Potentially Significant Impacts
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Impact 5.8.4: Implementation of the General Plan Update would allow for future development,
resulting in short-term unquantifiable increases in pollutant concentrations during construction. After
project development, the quality of storm runoff (sediment, nutrients, metals, pesticides, pathogens,
and hydrocarbons) may be altered -
The implementation of the General Plan Update has the potential to impact the quantity of runoff and other
pollutants to receiving waters, especially during periods of heavy rain. The discharge of pollutants into the
waters of the United States is regulated under the CWA. The CWA requires that all counties with a storm
drain system that serves a population of 50,000 or more and construction sites of one acre or more in size
must file for and obtain an NPDES permit. The City must also comply with SDWA standards for drinking -
water quality. The City of Palm Springs is required to comply with NPDES, the SDWA, and CWA, in addition
to applicable water -management plans and programs and local regulations. The General Plan Update
contains relevant goals, policies, and programs that encourage the evaluation of development plans fortheir
j potential to create groundwater contamination and the Conservation of a clean water supply.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hydrology and water quality for the reasons set forth in the DEIR.
Impact 5.8-5 The south-central portion of the City is located within the Tahchevah Creek Detention 9� Reservoir Dam Failure Inundation Pathway. NO
Flooding resulting from dam failure is a potential hazard for the City- The Tahchevah Creek Detention
Reservoir and the Tahquitz Creek Debris Basin are two flood -control structures in the Palm Springs area
required by the California State Water Code to be monitored for structural safety and that have the potential
to pose a flooding risk to the City.
The City should continue to require that future planning for new developments consider the impact on
flooding potential, as well as the impact of flood -control structures on the environment, both locally and
regionally. Any new development would comply with Section 93.17 ofthe Palm Springs Zoning Code. Land -
development planning should continue to consider leaving watercourses natural wherever possible, or
developing them as parks, nature trails, golf courses, orother types of recreation areas that could withstand
inundation.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hydrology and water quality for the reasons set forth in the DEIR.
City of Palm Springs General Plan Update EI2 City of Palm Springs • Page 3-17
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts �
3.9 LAND USE AND PLANNING I J
Impact 5.9-i_ Project implementation would not divide an established community.
One of the primary purposes of land use planning is to minimize the impacts of land use changes to adjacent
areas and to ensure the compatibility of these uses. In general, the majority of the City's existing land uses
were retained in place in the new plan, and focused changes occurred in areas that were either underutilized
or areas that required specialized land use guidance or refinement. Focused land use changes also
occurred in areas where change is either imminent and needs guidance or where change is desired and
needs stimulation and guidance. The revitalization of Downtown and hillsides were also issues of high
interest and, as a result, customized policy guidance was developed. None of these changes in land use
policy would result in the division of an established community.
Mitigation Measures
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No mitigation measures are necessary.
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Finding: Since the project will not result in the division of an established community, no significant
impacts are anticipated for the reasons set forth in the DEIR.
Impact 5.9-2: Project implementation would not conflict with applicable plans adopted for the
purpose of avoiding or mitigating an environmental effect
The Preferred Land Use Alternative forms the basis for the City of Palm Springs General Plan Update and
represents a guide for the City's future development. The consistency of the General Plan Update with each
of SCAG's applicable regional policies is described in Table 5.9-6 in the DEIR. This table also demonstrates
that the General Plan Update contains policies that encourage the City to participate in regional programs
and issues. The General Plan Update is consistent with the ten core policies of SCAG's RCPG that are
relevant to the proposed project. Furthermore, the General Plan Update is consistent with the majority of
SCAG's ancillary/advisory policies.
Additionally, as discussed in Section 5.9-1 of the DEIR, the City and Tribe came to an agreement that
recognized the Tribe's authority to regulate Indian Trust Lands_ The agreement specified that the Citywould
act as the Tribe's agent to enforce the Tribal Land Use Ordinance and consult with the Tribe with regard to
any action that may affect Indian Trust Lands. The General Plan Update acknowledges this agreement and
the City continues to collaborate with Tribal representatives to develop and apply land use strategies that
support the City's comprehensive land use vision, while concurrently achieving objectives identified by the
Tribal Council.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since the proposed project is consistent with the ten core policies of SCAG's RCPG that are
relevant to the proposed project, and an agreement between the Tribe and City regarding regulation of
Indian Trust Lands has been achieved, no significant impacts are anticipated for the reasons set forth
in the DEIR.
Page 3-I3 • The Planning Center June 2007
3. Findings on Potentially Significant Impacts
Impact 5.9-3: The proposed project would not conflict with the draft Coachella Valley Multiple Species
Habitat Conservation Plan and Natural Community Conservation Plan.
- The planning area of the Palm Springs General Plan Update overlaps with the planning area of the draft
CVMSHCP/NCCP The CVMSHCP is the current applicable HCP that protects biological resources within the
r existing Thousand Palms Preserve and the Willow Hole/Edom Hill Preserve areas, located northeast of the
City, and the Whitewater River Floodplain Preserve area, located within the City boundaries south of 1-10
between Indian Avenue and Gene Autry Trail. Currently, the City of Palm Springs is not covered by an
adopted HCP/NCCP. However, the City is a participant in the development of the proposed CVMSHCP.
Approval and adoption of the plan is imminent and is anticipated to occur in 2007. Upon adoption,
biological -resources protection on the nontribal portions of the City would fall within the CVMSHCP The City,
as a participating entity (i.e., Local Permitlee), would be required to comply with the plan. Similarly, Tribal
lands within the City and SO[ currently are not covered by an adopted HCP/NCCP. The HCP has been
developed and is also pending approval and granting of Take Authority. Upon final approval of the HCP and
issuance of incidental take authority to the Tribe, future projects would comply with the THCP.
I Mitigation Measures
He mitigation measures are necessary.
Finding: Since the project will not conflict with any NCCP, no significant impacts are anticipated for
the reasons set forth in the DEIR.
3.10 MINERAL RESOURCES
Impact 5.10-1: Project implementation would result in the loss of availability of a known mineral
resource.
Buildout of land uses under the Proposed General Plan would allow for additional development within the
Citywhich may threaten the availability of mineral resources in the LowerSan Gorgonio River Sector and the
Whtewater River Sector. The majority of land within a Mineral Resource Sector —excluding existing uses and
land uses within the Santa Rosa and San Jacinto National Monument —within the planning area is proposed
for Desert, Open Space - Water, and Open Space - Conservation. Open space uses, including the Desert
land use designation, are compatible with the MRZ 2 Zone.
Where mineral deposits are present or are found within areas designated for Desert land use, mineral
extraction would be permitted, provided that appropriate buffers are established to minimize conflicts
between residential and mining uses and the appropriate environmental analysis has been conducted.
Project -specific assessment of mineral resource impacts in this area would reduce impacts in this regard.
The majority of the MRZ 2 area is also overlain by the Wind Energy Overlay Zone, which is used for wind
energy generation. Much of this area is already utilized for wind energy production. Future expansion of
areas used for wind energy production within the MRZ-2 Zone can be expected due to increased demand for
energy within southern California. While wind energy production does not generate sensitive residential
structures or high density clusters of people that would prevent mineral extraction activities, wind energy
production requires substantial economic investment. The economic value of the land as a wind energy
production area may restrict the availability of mineral resources in this area due to growth in this energy
sector. While both of these resources are valuable, impacts from development of wind energy resources are
City of Palm Springs General Plan Update EIR Ciry of Palm Springs • Page 3-79
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant .Impacts
significant in terms of mineral resource loss alone, as they would restrict future mineral resource production
in the Whitewater River Sector.
Mitigation Measures
No mitigation measures are available for loss of mineral resources -
Finding: Specific economic and technological considerations, including the consideration for the
provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or alternatives identified in the DEIR, therefore, project -related mineral resource impacts are
considered a significant unavoidable adverse impact and a Statement of Overriding Considerations is
required.
3.11 NOISE
Impact 5.11-1: Buildout of the General Plan would result in an increase in traffic on local roadways
within the City of palm Springs which would substantially increase the existing noise environment.
The operational phase of individual projects that constitute the entirety of the General Plan Update may
generate noise from either stationary or vehicular sources. Noise is regulated by numerous codes and
ordinances across federal, state, and local agencies- In addition, the City regulates noise -generating
activities through the Municipal Code.
Stationary -Source Noise Impacts
The General Plan proposes more than 13,649 million square feet of industrial land uses. The siting of new
industrial developments may increase noise levels in their proximity. This can be due to the continual
presence of heavy trucks used for the pick-up and delivery of goods and supplies, or from the use of noisy
equipment used in the manufacturing or machining process. While vehicle noise is exempt from local
regulation while operating on public roadways, for the purposes of the planning process, this noise may be
regulated as a stationary source while operating on private property.
On -Road Mobile Source Noise Impacts
Potential impacts from buildout of the Palm Springs General Plan stem mainly from the addition of vehicles
along existing roadways within the City. The greatest increases are expected in those areas subject to
increased land use intensity. While an increase of 3 dBA is potentially significant, it is only significant it it
impacts sensitive land uses. The land uses most sensitive to exterior noise are institutional uses such as
schools, recreational uses such as playgrounds and parks, and residential uses.
Individual projects associated with buildout of the General Plan would occurover a period ofmanyyears and
the increase in noise on an annual basis would not be readily discernable because traffic and noise would
increase incrementally. As shown in Table 5-11-10 in the DEIR, some of the roadways analyzed would
experience noise levels in excess of the 3 d6 threshold for noise -sensitive uses. The majority of increases in
noise levels would occur in the vicinity of existing noise -sensitive land uses within the exception of increase
in noise levels on Palm Canyon Drive south of the 1-10. Noise increases that exceed 3 dBA along the
roadways identified above in the vicinity of noise -sensitive receptors would also exceed the City's land use
compatibility standards. The increase in traffic noise is due tothe large increases in traffic volumes projected
to occur with the buildout of the General Plan. As such, traffic -generated noise attributable to the General
Page 3-20 •The Planning Center Ane 200i
3. Findings on Potentially Significant Impacts
Plan Update would result in significant noise impacts to existing noise -sensitive uses along the roadway
segments listed on page 5.11-39 of the DEIR, The affected land uses along these roadway segments that
would experience a substantial increase in noise levels related to General Plan buildout.
Noise Compatibility
The General Plan presents the anticipated buildout vehicle -generated noise contours and proposed land use
_ designations. There are areas in the City where noise levels would potentially exceedthe 60 dBA CNEL noise
contours for residential areas. Furthermore, other sensitive land uses, such as schools, churches, or
recreational uses, may be exposed to noise levels generated by on -road vehicles which exceed the normally
or conditionally acceptable noise -compatibility criterion. Any siting of new noise -sensitive land uses within a
noise environment that exceeds the normally acceptable land use compatibility criterion represents a
potentially significant impact and would require a separate noise study through the development review
process to determine the level of impacts and required mitigation.
Mitigation Measures
Stationary -Source Noise Impacts
11-1 Applicants for new noise -sensitive or noise -generating land use developments shall retain a
acoustical engineer to conduct an acoustic analysis and identify, where appropriate, site design
features (i.e. setbacks, berms, or sound walls) and/or required building acoustical
improvements (i.e. enclosure of the HVAC systems or loading docks, sound transmission class ^.
[STC] rated windows, doors, and attic baffling), to ensure compliance with the City's Noise m�
Compatibility Criteria and the California State Building Code and California Noise Insulation
Standards (Title 24 and 25 of the California Code of Regulations), and/or the City of Palm
Springs Noise Ordinance. Balconies on multifamily residential units are exempt from the City's
noise compatibility standards -
On -Road Mobile Source Noise Impacts
11-2 Future roadway widenings consistent with the General Plan Circulation Element shall incor-
porate appropriate noise mitigation through the use of noise walls, berming, double -paned
windows, building upgrades, or other feasible noise measures to maintain acceptable noise
levels in accordance with the City of Palm Springs Noise Ordinance.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant
impacts related to noise to a less -than -significant level for the reasons set forth in the DEIR.
Impact 5.11-2: Buildout of the General Plan would generate groundborne vibration that may exceed
the threshold for annoyance during construction activities.
Buildout of the Palm Springs General Plan could potentially expose people to the impacts of groundborne
vibration or noise levels. Vibration -related impacts could potentially from the generation of substantial levels
of vibration from construction, transportation, and industrial activities.
City of Palm Spring General Plan Update EIR Czty of Palm SPnngs a Page 3-21
Pinding of Fact and Statement of Overriding Conrzderatzons
�. Findings on Potentially Significant Impacts
Construction Vibration Impacts
Vibration generated by construction equipment has the potential to exceed the vibration annoyance
thresholds shown in Table 5.11-7 of the DEIR. Furthermore, as soil conditions have a strong influence onthe
levels of groundborne vibration and the majority of the Palm Springs area is underlain by loose sandy sails,
vibration levels from construction equipment may be amplified. However, groundborne vibration is almost
never annoying to people who are outdoors so it is usually evaluated in terms of indoor receivers (FTA 1995).
Significant vibration impacts may occur from construction equipment associated with development in
accordance with the General Plan.
On -Road Mobile -Source Vibration Impacts
Caltrans has studied the effects of propagation of vehicle vibration on sensitive land uses. Caltrans notes that
"heavy trucks, and quite frequently buses, generate the highest earthbom vibrations of normal traffic."
Caltrans further notes that the highest traffic -generated vibrations are along the freeways and state routes.
Because vibration -sensitive structures are not and will not be sited within five meters from the centerline of
the nearest lane of 1-10, SR-62, or SR-111, any potential for significant vibration impacts is less than
significant.
Union Pacific Railroad Vibration Impacts
New vibration -sensitive land uses would be exposed to groundborne vibration from train operations along
the UPRR- Vibration levels within the City from train -induced vibration are dependant on specific site
conditions including geology and the condition of the railroad track and train wheels. If current levels at the
residential structure are less than perceptible to residents, future increases in mil traffic would not generate
levels of vibration perceptible to residents as the intensity of vibration would not increase, only frequency.
However, vibration -sensitive land uses located in close proximity to the UPRR have the potential to be
impacted by perceptible levels of vibration from rail operations -
Industrial Vibration Impacts
Soil conditions have a strong influence on the levels of groundbome vibration. As the majority of the Palm
Springs area is underlain by loose sandy soils, vibration levels from industrial activities can be amplified.
However, groundborne vibration is almost never annoying to people who are outdoors, so it is usually
evaluated in terms of indoor receivers (FiA 1995). In general, the majority of industrial uses andwind-energy
production would not be located immediately adjacent to vibration -sensitive uses.
Mitigation Measures
Construction Vibration Impacts
Vibration Annoyance
No mitigation measures are available to reduce vibration levels produced by heavy construction equipment
on vibration -sensitive receptors which result in human annoyance to a less than significant level.
Vibration Structural Damage
11-3 If new construction that involves use of heavy construction equipment or pile driving (impact,
sonic or vibratory) is located in close proximity to vibration -sensitive fragile historic buildings, the
acoustic analysis conducted shall include a vibration analysis of structural impacts to fragile
Page 3-22 aThe Planning Center J:rne 2007
�I
L
3. Findings on Potentially Significant. Impacts
I
`j historic buildings. The acoustic analysis, at a minimum, shall provide recommendations on
construction equipment mix and schedule to eliminate potential impacts in this regard.
Union Pacific Railroad Vibration Impacts
_ 11-4 If new vibration -sensitive land uses are located in close proximity to the UPRR, the project
applicant shall retain an acoustical engineer to conduct an acoustic analysis that includes a
vibration analysis for potential impacts from vibration generated by operation of the rail line. If
perceptible levels of vibration are detected, the acoustic analysis shall recommendations site -
design features, such as setbacks and trenches, and/or required building improvements, such
1 as harder building materials (Le. steel framing vs. wood framing), to eliminate the potential for
"J train operations to result in perceptible levels of vibration that cause human annoyance.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant
impacts related to noise to a less -than -significant level for the reasons set forth in the DEIR.
Impact 5.11-3: Construction activities associated with buildout of the Palm Springs General Plan
would result in temporary noise increases in the vicinity of noise sensitive receptors.
Project -related construction would temporally increase the ambient noise environment. However, the City of
Palm Springs restricts the hours of construction activities to the least noise -sensitive portions of the day.
According to Section 8.04.220 of the Municipal Code, construction activities are permitted between the hours may.
of 7 a.m, to 7 p.m. on weekdays and 7 a-m_ to 5 p.m. on Saturday, excluding federal holidays_ 10 n
Mitigation Measures
No feasible mitigation measures are available to reduce noise generated by construction activities.
Finding: Specific economic, technological or other considerations make infeasible the mitigation
measures or alternatives identified in the UEIR, therefore, construction noise impacts are considered a
significant unavoidable adverse impact and a Statement of Overriding Considerations is required.
Impact 5.11-4: The Palm Springs International Airport is located within the City of Palm Springs,
resulting in exposure of future residents, workers, and occupants to significant levels of airport -
related noise.
Aircraft overflights, takeoffs, and landings within the City of Palm Springs contribute to the ambient noise
environment_ Each of these events results in noise exposure to noise -sensitive receptors within close
proximity to the Palm Springs Airport or other public and private heliports within the City. Residential land
uses would be located within the 65 dBA CNEL noise contour of the Palm Springs International Airport, The
65 CNELL contours from aircraft operations extend into residential areas northwest of the airport near the
intersection of Vista Chino and Sunrise Way. Residents and other noise -sensitive receptors located within the
65 dBA CNEL noise contour would be exposed to excessive noise levels from operations of the Palm
Springs International Airport.
City of Palm Springs General Plan Update E!R Ciry of Palm Springs I Page 3-23
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
Heliports
In addition to the Palm Springs International Airport, public and private heliports located within the City,
including the heliport at the Desert Regional Medical Center, also generate noise. Helicopter noise is unique
in terms of noise generated by aviation activities. Helicopters typically take off and land into the wind. Unlike
fixed -wing aircraft, helicopter noise not only emanates from the engine but is also generated due to the
modulation of sound created by the main rotor. This sound modulation is referred to as blade slap. Blade
slap is more pronounced during low -speed descents and high-speed cruise. To a listener on the ground, it is
most audible as the aircraft approaches.
Mitigation Measures
Palm Springs International Airport
11-5 Applicants for new noise -sensitive land uses located within the 65 d8A CNEI_ noise contour of
the Palm Springs International Airport shall retain an acoustics engineerto conduct an acoustic
analysis and identify, where appropriate, building acoustical improvements, such as upgraded
windows, doors, and attic baffling to ensure compliance with the California Building Code and
California Noise Insulation Standards (Titles 24 and 25 of the California Code of Regulations
CCR)_
116 ror any new single- or multifamily residential development within the Palm Springs International
Airport influence area, except Compatibility Zone E, the applicant shall be required to install
large airport -related informational signs during the initial sales of properties within newly created
subdivision that clearly depict the proximity of the property to the airport and aircraft traffic
patterns. The signs shall be maintained by the developer and installed in conspicuous locations.
11-7 The applicant shall be required to provide an informational brochure to prospective buyers of
renters for any new single- or multifamily residential development within the Palm Springs
International Airport influence area (except Compatibility Zone E) showing the location of aircraft
flight patterns and describing the frequency of overflights, the typical altitude of the aircraft, and
the range of noise levels that can be expected from individual aircraft overflights.
Heliports
11-8 Applicants for new heliports proposed within the Cityof Palm Springs shall retain an acoustical
engineer to conduct an acoustical analysis consistent with the recommendations of the FAA
Advisory Circular Number 150-5020-2, entitled "Noise Assessment Guidelines for New
Helicopters" to compare the relative noise contributions of the heliport within the community.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant
impacts related to noise to a less -than -significant level for the reasons set forth in the DEIR.
Page 3-24 • The Planning Cenrer Jrme 2007
3. Findings on Potentially Significant Impacts
3.72 POPULATION AND HOUSING
Impact 5.12-1: The proposed project would directly result in population growth in the project area.
Buildout (year 2030) of the City of Palm Springs General Plan would result in a total buildout potential of
51,285 residential units in the City and SOI areas, resulting in an increase of approximately 19,202 housing
units over existing conditions within the City. Assuming average buildout levels that are realisticforthe Cityof
Palm Springs, the General Plan would accommodate 94.742 persons. Assuming a vacancy rate of eleven
percent from the 2000 Census, there could be 45,844 households at buildout. Buildout in accordance with
the City of Palm Springs General Plan would induce substantial population growth in the area given historic
trends. Growth under the buildout of the General Plan Update is 37,364 persons higher than SCAG growth
projections. The General Plan Update would result in the construction of dwelling units and employment
centers that spur population growth. As a result, the City's projected buildout population is 94,742, while
SCAG's buildout population for the City is 57,378.
Mitigation Measures
No mitigation measures would serve to mitigate the potential population growth impacts.
Finding: Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in the D EIR, therefore, since the proposed
project would induce substantial population growth beyond SCAG's projections, this is considered a MIPN
significant unavoidable impact and a Statement of Overriding Considerations is required. 0 F
3.13 PUIdLIC SERVICES
Impact 5.13-1., The General Plan Update would introduce new structures and residents/workers into
the Palm Springs Fire Department service boundaries, thereby increasing the requirements for fire
protection facilities and personnel.
Fire services for the City of Palm Springs are provided by the PSFD. Currently, firefighting resources in the
City and SOI area include five fire stations located throughout the City, so that the response time to any
resident is underfive minutes. Future growth in accordance with the General Plan is expected to create the
typical range of fire service calls including structure fires, garbage bin fires, car fires, and electrical fires. New
equipment would be required in order to provide adequate response times to serve future growth. There
would also be an increase in the number of responses within the City which would increase demand for
existing equipment, and personnel. Much of this increase would be generated by new growth, primarily in
the mostly undeveloped northern portion of the planning area. As a result, growth in the northern portion of
the City and its SOI may necessitate the need for an additional fire station or the relocation of existing
stations to the northern portion of the City.
The City provides for fire service through the General Fund. The City would maintain appropriate firefighter
staffing to ensure compliance with the NFPA 1710 standards for response time and coverage, as discussed
above. In addition, future projects would be reviewed by the City of Palm Springs and the PSFD on an
individual basis and would be required to complywith requirements in effect at the time building permits are
issued, including payment of fire fees. Additionally, if an initial study is prepared andthe City determines the
impacts to be significant, the project would be required to comply with project -specific mitigation measures.
City of Palm Springf General Plan Update EIR City of Palm Springs • Page 3-25
Findings of Fact and Statement of Overriding Confiderations
3. Findings on Potentially Significant Impacts
i
As a result, sufficient revenue would be available for necessary service improvements to provide for
adequate fire facilities, equipment, and personnel upon buildout of the General Plan.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to fire service and protection facilities for the reasons set forth in the DEIR.
Impact 5.13-2: The General Plan Update would introduce new structures and residents/workers into
the Palm Springs Police Department service boundaries, thereby increasing the requirement for police
protection facilities and personnel.
Police services within the City of Palm Springs are provided by the PSPD. The Police Department currently
employs 93 sworn positions and 59.5 (one part-time position) nonsworn positions- The police station is at
200 S- Civic Drive, near the intersection of Tahquitz Way and Civic Drive. There are currently no plans for
expansion of the existing police facility. Future growth in accordance with the General Plan is expected to
increase demand for police services within the City of Palm Springs and SO[ areas, particularly in areas
currently vacant where new growth would occur. As a result, additional police equipment, facilities, and
personnel would be required to provide adequate response times, acceptable public service ratios, and
other performance objectives for law enforcement services. The Police Department is currently funded bythe
General Plan, although the PSPD supports the use of the existing Community Facilities Funding to mitigate
any future impacts to the PSPD due to buildout of the General Plan.
Buildout of the City of Palm Springs General Plan would result in an impact on the PSPD's ability to deliver
police services in a timely manner. Future projects would be reviewed by the City of Palm Springs on an
individual basis and would be required to comply with requirements in effect at the time building permits are
issued (i.e., payment of impact fees), or if an initial study is prepared and the City determines the impacts to
be significant, the project would be required to comply with project -specific mitigation measures.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to police service and protection facilities for the reasons set forth in the
❑EIH.
Impact 5.13-3: Implementation of the General Plan Update would generate new students who would
impact the school enrollment capacities of area schools.
Buildout of the Palm Springs General Plan would result in the generation of 9,934 elementary students, 4,637
middle school students, and 4,989 high school students. Buildout of the Palm Springs General Plan would
therefore result in an increased demand for school services, including new facilities, equipment, and
personnel.
Page 3-26 • The Planning Center June 2007
3. Findings on Potentially Significant Impacts
Individual development within the City of Palm Springs and S01 area would be required to pay school impact
fees under Government Code Section 65995. Payment of these fees would offset impacts from increased
demand for school services associated with buildout of the City of Palm Springs General Plan by providing
an adequate financial base to construct and equip new and existing schools.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to school services for the reasons set forth in the DEIR.
Impact 5.13-4: Implementation of the General Plan Update would generate additional population
increasing the service needs for the local library.
Build -out of the City of Palm Springs General Plan would result in increased demand for library services_ In
2005, a space feasibility study was completed by Pfeiffer Partners, Inc. to determine the current space issues
facing the library, and to recommend needed changes in order for the library to adequately serve the Palm
Springs community through 2020_ The study concluded that the current library facility was inadequate in
many areas- Additionally, the study found that the current building infrastructure (wiring, cabling, plumbing,
HVAC system, roof, doors, windows, etc.) need replacement due to age and wear. It was recommended that
a facility of 60,804 square feet was necessary to adequately provide for the library needs of the City.
Funding for the library comes from the CWs General Fund; Fiscal Year (FY) 2005-2006 budget was $2.7
million. Additionally, an Endowment Fund of private donations, created in the 1930s, is managed by the City
and currently contains approximately $3 million_ The library also receives $133,000 per year from a 1999
bond issue to the used for capital expenses only. Over the past 35 years, the library has not received full
funding from the City for operating expenses. As a result, the previously mentioned Endowment Fund has
been depleted overthe years due to its use for day to day expenses and low interest government investment
tools. The library has been promised 100 percent of operating expense coverage for the FY 2006-2007.
Mitigation Measures
5.13-1 The City shall coordinate with the Palm Springs Public Library to identify available funding
sources to fund expanded or new library facilities necessary to serve existing and future
residents associated from General Plan implementation.
Finding: The mitigation measure is feasible and avoids or substantially lessens potentially significant
impacts related to library services to a less -than -significant level for the reasons set forth in the DEER.
3.14 RECREATION
Impact 5.14-1: The proposed project would generate additional residents that would increase the use
of existing park and recreational facilities.
The residential population of a community generally determines park and recreational needs. An increase in
population typically results in an increase in park usage. Palm Springs today has a population of 60,000,
including seasonal residents, and currently needs 150 more acres of parkland to fulfill the requirement of five
City of Pahn Strings General Plan Update E(R City of Palm Springs • Page 3-27
Findings of Fact and Statement of Overriding Considerations
7. Findings on Potentially Signifi�cunt Impacts
�l
acres per 1,000 residents. With a projected population of 94,742 by buildout, the City will need 198 more Ls
park acres to accommodate the growth, or a total of 348 new acres of developed parkland by buildout.
The General Plan Update provides land use opportunities for public parks to be developed in line with future
development. However, the General Plan Update does not contemplate any specific development project
and the buildout population is an estimate only_ The proposed Recreation, Conservation, and Open Space
Element contains relevant goals, policies, and programs that support a regular review of the City's parks and j
trails plans to keep pace with demographic trends and recreational needs of Palm Springs residents_
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to parks and recreation facilities for the reasons set forth in the DEIR.
Impact 5.14-2. Implementation of the General Plan Update would generate additional population
increasing the need to provide new and/or expanded recreational facilities.
The General Plan Update is not a development project, and therefore does not include or require the
construction of recreational facilities that would result in any environmental impacts. The implementation of
the General Plan Update may result in the construction or expansion of recreational facilities, however, the
scope, nature and location of these facilities is unknown at this time. The General Plan Update contains
goals, policies, and actions to mitigate potential adverse impacts to the environment that may result from
buildout of the General Plan, including expansion of parks and recreational facilities.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to parks and recreation facilities for the reasons set forth in the DEIR.
3.15 TRANSPORTATION AND TRAFFIC
Impact 5.15-1: Project -related trip generation would impact levels of service for the existing area
roadway system.
A total of 45,644 dwelling units (including both single- and multi -family housing) and a total of 55,813 jobs
(both retail and non -retail) are projected for buildout of the proposed project. In general, future traffic
conditions within the central portion of the City are forecast to operate at acceptable levels, with excess
capacity along some corridors. The dense grid -like structure of the circulation system allows traffic to filter
through the downtown portion of the city with minimal congestion -related delay. However, the City
experiences daily capacity deficiencies through corridors accessing the City. The geography of the region
limits infrastructure access to the City, causing capacity limitations that result in increased levels of
congestion along these corridors. Capacity limitations from the City northerlyto the 1-10 corridorand easterly
to Cathedral City and beyond to the remainder of the Coachella Valley result in arterial segments that are
forecast to operate at deficient levels under future daily conditions -
Page 3-23 •The Planning Center June 2007
3. Fhzdi;;lgr on Potentially Significant hnpactr
The mitigation measures below have been developed for each of the segments that operate at a deficient
LOS under future General Plan Buildout conditions.
Incorporation ofthe specified intersection improvements is expected to result in the acceptable operation of
arterial segments. Supplemental intersection analysis has been performed to evaluate intersections along
facilities that are forecast to operate at unacceptable levels of service under future conditions- The
i supplemental critical intersections are all forecast to operate at acceptable levels of service; hence the
arterial is expected to operate at acceptable conditions during the peak hour -
Mitigation Measures
J 15-1 The General Plan Circulation Element and associated Proposed Circulation Master Plan (Figure
4-1 of the General Plan), identifies those roadways that are planned to accommodate current
development and future growth established by the Land Use Element. Roadways will be con-
structed as development occurs and as funding becomes available- In addition to the roadways
identified on the Proposed Circulation Master Plan, the improvements identified in Table 5.15-8
-, will be necessary to maintain acceptable levels of service within the anticipated theoretical
i
buildout identified in the General Plan
15-2 The City shall pursue funding for local and regional transportation improvements through
continued participation in the Transportation Uniform Mitigation Fee (TUMF) Program.
15-3 The City shall require developers, priorto approval of development plans, to provide increased right of way through land dedications to accommodate additional demand for dual left-tum and 4s��
exclusive right -turn lanes, interchange improvements, bus slops and lanes, bikeways, or other
improvements required to maintain a minimum operating LOS D.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
transportation and traffic impacts to a less -than -significant level forthe reasons set forth in the DEIR.
Impact 5.15-2: Air traffic patterns would not be affected by the General Plan Update-
SCAG forecasts that by 2030 Palm Springs will serve approximately 3.2 million annual passengers (MAP), a
significant increase over current operations -The Palm Springs International Airport Master plan forecasts 2.7
MAP by 2020, about 0.5 MAP less than forecast by SCAG in the 2004 RTP Preferred Aviation Plan for 2030.
Currently, the airport serves more than 1-4 MAP, a 3.75 percent increase over 2004 activity. As a vital
economic asset to the City, access to the airport must be maintained and improved to meet growing
passenger demands. As passenger activity continues to grow, transportation services must keep pace with
that expansion. Currently, Sunl ine Route 24 provides public transportation service to the airport. In addition,
several resorts and hotels offer courtesy shuttle service to the airport. Additional transportation services
including limousine, taxi, shuttle, and disabled and senior services are available at the airport. As the airport
expands to satisfy air passenger demands, additional public transportation services should be consideredto
serve resident and visitor air passengers. Additional courtesy shuttles could be considered or integrated to
provide efficient service to popular destinations such as the downtown area.
Mitigation Measures
No mitigation measures are necessary -
City of Palm Springs General Plum Update EIR City of Palm Springs • Page 3-29
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
Finding: Since air traffic patterns would not be affected by implementation of the General Plan
I'
Update, no significant impacts are anticipated for the reasons set forth in the DEIR,
Impact 5.15-3. Adequate parking would be provided throughout the City provided that future projects
comply with the City's parking code.
Parking facilities should be maintained that serve commercial, recreational and residential uses as well as
maintaining the residential quality of life throughout the City. Safe, secure, and adequate provisions should
be made for bicycles and motorcycles in the downtown and neighborhood/community shopping areas to
promote nonvehicle trip activity. Parking demands in downtown should continually be monitored as
development continues. Code parking requirements should be adjusted where necessary to assure parking
demands are satisfied. Specific attention should be paid to parking in multiple -family developments, i.e.,
condominium and apartment developments. Often, the minimum amount of parking is provided for residents
leaving little, H any, visitor parking. A lack of visitor parking often results in safety issues because carstendto
park in fire lanes, etc. Parking code specifications should be evaluated and amended where necessary to
ensure appropriate parking is provided for future developments.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to parking for the reasons set forth in the DEIR.
I
Impact5.15A Project circulation improvements have been designed to adequately address potentially
hazardous conditions (sharp curves, etc), potential conflicting uses, and emergency access.
The proposed project would result in changes to the circulation network, but would not increase hazards due
to a design feature. Standard City protocol requires all engineered street plans to be reviewed and approved
by the City's Public Works Department before any construction can occur thereby preventing the
construction of any unsafe design features. Adequate levels of service would exist at all the City's
intersections under the General Plan buildout condition. Therefore, there would be no impacts to the
circulation system or to emergency access as a result of the proposed project.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since project circulation improvements adequately address potentially hazardous
conditions, conflicting land uses and emergency access, no significant impacts are anticipated for the
reasons set forth in the DEIR.
Page 3-30 aThe Planning Cenaer June 2007
11 3. Findings on Potentially Significant Impacts
Impact 5.11-5 The proposed project complies with adopted policies, plans, and programs for
alternative transportation.
Public Transportation
SunLine Transit Agency provides transit service to the City and has recently proposed transit service
improvements throughout Coachella Valley. As the Valley continues to grow, public transportation must be
reactive to the growth. As the Regional Business Center is developed through the 1-10 corridor, the City
should coordinate with the SunLine Transit Agency to evaluate the provision of transit service to this
development. Future circulation system improvements also necessitate a review of public transportation
considerations.
As the downtown expands and additional destinations are developed that focus on the visitor or workforce
population, public transportation access should be considered. SunLine Transit Agency continually plans to
meet the needs of the Valley and close coordination between the City and SunLine Transit Agency will
ensure future transit needs throughout the City are satisfied. The City should aggressively participate in
regional transportation programs that promote public transportation.
Bikeways and Recreational Trails
The City maintains several bikeways throughout the City. The City should continue to promote bikeway and
recreational trails through maintenance, improvements, and expansion to the existing system. Continued
maintenance and signage of the existing facilities should remain a priority for the City. Improvement of
bikeways should be considered where appropriate to facilitate safety, recreational experience, and/or �� y
environmental stewardship. As development occurs and the City matures, the feasibility of the implementing V
new bikeways and recreational paths or improving to Class I standards should be evaluated.
Mitigation Measures
No mitigation measures are necessary_
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to alternative transportation for the reasons set forth in the DEIR.
3.16 UTILMES AND SERVICE SYSTEMS
Impact 5.16-1: Buildout of the General Plan would result in impacts to the quantity of runoff and
increases in pollutant loading to receiving water and thus potentially exceed wastewater treatment
requirements of the applicable regional water quality control board.
Residential and commercial buildout of the Palm Springs General Plan would result in an increase in
pollutant loads and stormwater flows to the Whitewater River, which runs along the eastern border ofthe City.
The Water Quality Control Plan for the Colorado River Basin Regional Water Quality Control Board
(CRBRWQCB) designates the beneficial uses of the Whitewater River for municipal and domestic supply
(MUN), agricultural supply (AGR), groundwater recharge (GWR), water contact recreation (REC7), non -water -
contact recreation (REC2), intermittent warm freshwater habitats (WARM), cold freshwater habitats (COLD),
wildlife habitat (WILD), and hydropower generation (POW). Development of the Palm Springs General Plan
would result in increases in pathogens, heavy metals, nutrients, pesticides, organic compounds, sediments,
City of Palm Springs General Plan Update FIR City of Palm Spring, • Page 3-31
Findings of Pact and Statement of Overriding Considerations
1;
3. Findings on Potentially Significant Impacts u
trash and debris, oxygen demanding substances, and oil and grease to this waterway, which could
potentially lead to exceedances of wastewater treatment requirements of the CRBRWQCB.
Both point sources, such as direct drainage sources, and nonpoint sources of water pollution, such as urban
runoff, are usually discharged via separate storm drains to waters of Lhe United States and are therefore
regulated under the Federal Clean Water Act (CWA). The City of Palm Springs, therefore, must comply with
federal water quality, waste discharge, and total maximum daily load (TDML) standards defined in the CWA_
Additionally, any projects or construction activities performed within a Caltrans right-of-way much conform to
Encroaching Permitting requirements. Therefore, buildout of the City of Palm Springs General Plan would
conform to requirements of the CWA.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the quantity of runoff or exceedance of wastewater treatment
requirements for the reasons set forth in the DEIR.
Impact 5.16-2: Buildout of the General Plan would result in an increase in wastewater or sewage that
would require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facillies, the construction of which could cause significant environmental
effects.
Future growth within the City of Palm Springs and SOI areas would result in increases in demand for water
and increases in wastewater flow. These increases could lead to the construction of additional treatment
facilities or expansion of these facilities. The Palm Springs Wastewater Treatment Plan currently serves the
City of Palm Springs. The treatment facility has a treatment capacity of 10.9 mod. Currently the Palm Springs
Wastewater Treatment Plant accommodates an average of 6.5 mod.
Currently, the Palm Springs Wastewater Treatment Plant is able to accept an additional 4.4 mod of
wastewater The estimated wastewater -generation rate used is 100 gallons per day per person. Under the
General Plan Update, buildout residential population would be 94,743 residents, which would result in
approximately 4.9 mod of additional wastewater per day, which is 0.5 mod over current capacity. While the
sewer system currently has adequate capacity, the City has recently begun evaluating the entire sewer
collection system as part of the updating of the Sanitary Sewer Master Plan. The current sewer system has
adequate capacity and would be able to accept additional wastewater: however, if expansion is found to be
necessary during the updating of the Sanitary Sewer Master Plan, then the expansion projectwould undergo
separate environmental review under CEQA.
Mitigation Measures
No mitigation measures are necessary.
Finding, Since there are sufficient water supplies and wastewater facilities to serve the proposed
project, no significant impacts are anticipated for the reasons set forth in the DEIR.
Page 3-32 *The Planning Centcr June 2007
3. Findings on Potentially Significant Impacts
Impact 5.163: Upon buildout of the General Plan existing and/or proposed storm drainage systems
are adequate to serve the drainage requirements of the proposed project.
i
Buildout of the Palm Springs General Plan would result in the construction of new stormwater facilities within
the undeveloped portions of the City and SOI areas. The Whitewater River is the primary drainage channel
for the entire Coachella Valley, including the City of Palm Springs. Stormwater generally flows toward the
' Whitewater River, which runs through the eastern portion of the City. Existing stormwater channels are
maintained by the Riverside County Flood Control District and the City of Palm Springs Public Works
Department.
While much of the City is connected to existing stormwater channels, new development areas would require
infrastructure to connect to the existing stormwater drainages. Additionally, connection to these existing
stormwater drainages within the City may necessitate the need to upsize existing stormwater lines to prevent
flooding during peak storm events.
Furthermore, future projects would be reviewed by the City of Palm Springs on an individual basis and would
be required to comply with requirements in effect at the time building permits are issued (i.e., impact fees,
etc.), or if an initial study is prepared and the City determined the impacts to be significant, then the project
would be required to comply with appropriate mitigation measures.
Mitigation Measures
No mitigation measures are necessary. r
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any �+O
significant impacts related to construction of new storm drainage systems for the reasons set forth in
the DEIR.
Impact5.16-4. Buildout of the General Plan would result in sufficient water supplies available to serve
the project from existing entitlements and resources.
The City of Palm Springs and SOI areas are located in the Whitewater River subbasin of the Coachella Valley
Groundwater Basin. Water is supplied to the City and Sol areas primarily by the DWA and the CVWD, which
obtain their water supplies from local groundwater within the Coachella Valley Groundwater Basin and
imported water from the Colorado River via the Coachella Canal. The CVWD is also responsible for the
management of the Coachella Valley Groundwater Basin. The CVWD adopted the Coachella Valley Water
District Water Management Plan in September 2002. This plan provides specifics on the current water
conditions within the Coachella valley as well as a detailed management plan that includes water production
and supplies, groundwater recharge, cooperative agreements, conservation, and water quality. The DWA
adopted the Desert Water Agency Urban Water Management Plan in 2005.
The Coachella Groundwater Basin is in a state of overdraft. According to the CVWD, in the year 2003 total
groundwater production within the CVWD was 203,905 acre-feet resulting in an overdraft of 71,325 acre-feet
of water. In 1964, the Department of Water Resources, calculated that the Whitewater River subbasin. which
underlies the City of Palm Springs, has a total groundwater storage capacity of approximately 30 million
acre-feet of water. As estimated from 1953 to 1967, groundwater storage capacity in the Indio subbasin has
been decreasing an average annual 33,000 acre-feet per year, and this average annual decrease is probably
higher at present time due to increased population and development of the Coachella Valley (California
City of Palm Springs Genoa! Plan Update EIR City of Palrrr Springs I Page 3-33
Findings of Fact and Statement of Overriding Considerations
3. Findings on Potentially Significant Impacts
Department of Water Resources 2004)- Because the average natural inflow into the Whitewater River
subbasin is less than the production, the DWA and the CVWD rely on the continuation of the replenishment
program, using imported water -
Mitigation Measures
No mitigation measures are necessary.
Finding: Since there are sufficient water supplies to serve the proposed project, no significant
impacts are anticipated for the reasons set forth in the DEIR.
1s
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Impact 5.16-5: Buildout of the General Plan would result in a determination by the wastewater
treatment provider that serves or may serve the project that it has adequate capacity to serve the
projects project demand in addition to the provider's existing commitments.
Sewage is collected by the City's collector facilities and conveyed to trunk sewers which are owned by the
City but operated and maintained by Veolia Water North America, which operates the Palm Springs
Wastewater Treatment Plant. Currently, the treatment plant has a capacity of 10.9 mgd. The plant currently
accommodates approximately 6.5 mgd of sewage flow.
Currently, the Palm Springs Wastewater Treatment Plant is able to accept an additional 4.4 mgd of ! _?
wastewater. According to Veolia Water North America, the Palm Springs Wastewater Treatment Plant has
sufficient capacity to handle projected increases in wastewater flow due to implementation of the City of Palm
Springs General Plan. Additionally, future projects would be reviewed by the City of Palm Springs on an
individual basis and would be required to complywith requirements in effect atthe time building permits are
issued (Le., impact fees, etc-), or if an initial study is prepared and the City determined the impacts to be
significant, then the project would be required to comply with appropriate mitigation measures. Therefore,
impacts to wastewater treatment service are considered less than significant.
Mitigation Measures
No mitigation measures are necessary.
Finding: Since there is sufficient wastewater treatment capacity to serve the proposed project, no
significant impacts are anticipated for the reasons set forth in the DEIR-
Impact 5,16-6: Buildout of the General Plan would be served by a landfill with sufficient permitted
capacity to accommodate the projeces solid waste disposal needs.
Buildout of the General Plan would result in an increase of 460 tons per day of solid waste over existing
conditions. Therefore, implementation of the Palm Springs General Plan would result in the generation of
721 tons per day of solid waste within the City and SOI areas. However, the City of Palm Springs participates
in a diversion program run by its Recycling Division to recycle waste products- In 2004, the City of Palm
Springs diverted 60 percent of solid waste from landfills. Assuming similartrends, buildout ofthe Crly of Palm
Springs General Plan would generate approximately 288 tons per day of solid waste, which is an
approximately 10 percent increase in solid -waste generation in the City. Adequate numbers of refuse vehicles
and staffing to maintain once -weekly pickup of solid wastes would be maintained.
Page 3-34 aThe Planning Center June 2007
3. Findings on Potentially Significant Impacts
Edom Hill Disposal Site, which used to receive solid waste from Palm Springs, closed in 2004_ Solid waste is
now brought to the Edom Hill Transfer Station and then transferred primarily to Lamb Canyon Landfill,
located in the city of Beaumont. Two additional landfills are located in Riverside County —the Badlands
Disposal site and the El Sobrante Sanitary Landfill. Both the Lamb Canyon Disposal Site and the Badlands
Site, which are the closest to the study area, are anticipated to close before General Plan buildout_ As a
result, the City of Palm Springs is required to enter into discussions with the California Integrated Waste
Management Board and surrounding cities fora new waste -disposal site within the region prior to the closure
of the City's main landfill. According to Assembly Bill (AB) 939, jurisdictions are required to begin planning
for new landfills when the jurisdiction's primary disposal reaches its 15-year capacity. As the City's primary
disposal site is the Lamb Canyon Disposal Site located in Beaumont, which is slated to close in 2023, the
City of Palm Springs would be required to start planning with other cities within the jurisdiction for a new
landfill by the year 2008. As a result, impacts are considered less than significant_
Mitigation Measures
No mitigation measures are necessary.'
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to solid waste disposal for the reasons set forth in the 17EIR.
Impact 5.16-7: Buildout of the General Plan would comply with federal, state, and local statues and
regulations related to solid waste.
The City of Palm Springs contracts with Palm Springs Disposal Services (PSDS) to provide for the City's
recycling. Currently, the program includes both commercial and residential (single-family and multifamily)
recycling through a separate bin collection_ Waste is currently brought to the Edam Hill Transfer Station,
which will accept and recycle or transfer waste from the City to other landfills, such as Lamb Canyon Landfill
in Beaumont In 2004, the City of Palm Springs diverted 60 percent of their solid waste,10 percent more that
the 5o percent diversion rate required by the State of California.
The City of Palm Springs will continue to implement the recycling program with PSDS in order to divert
waste. Additionally, the PSDS offers tips on composting in order to reduce yard waste and other types of
organic wastes that can readily decompose. The City has shown great improvement and has surpassed its
desired goal of 50 percent waste diversion in order to achieve compliance with the AB 939. Implementation
of the City of Palm Springs General Plan would not hinder efforts to continue to achieve and surpass this
requirement as educational material on reducing waste, recycling, and composting, and continued recycling
programs would continue to be provided to commercial and residential users. As a result, impacts are
considered less than significant.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to solid waste disposal for the reasons set forth in the DEIR.
Crty of Palm Springs General Plan Update EIR City of Palm Springs ►Page 3-35
Findings of Pact and Staremmr of Overriding Considerations
3. Findings on Potentially Significant Impacts
This page intentionally left blank.
Page 3-36 a The Planning Center June Z007
4. Statement of Overriding Considerations
CEQA requires the decision -maker to balance the benefits of the proposed project against its unavoidable
environmental risks in determining whether to approve the project. If the benefits of the project outweigh the
unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section
15093[aj). However, in this case CEQA requires the agency to support, in writing, the specific reasons for
considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be
based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEQA Guidelines
Section 15093 [bj)_ The agency's statement is referred to as a "Statement of Overriding Considerations."
The City of Palm Springs is proposing to approve the City of Palm Springs General Plan Update EIR and has
prepared and certified a FEIR that satisfies the requirements of CEQA. The following adverse impacts of the
project are considered significant and unavoidable based on the DEIR, FEIR, MMP, and the findings
discussed previously in Section 2.0 and 3.0 of this document.
4.1 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
This section lists any impacts that are considered significant after all mitigation is applied. Seven impacts
were found to remain Significant Unavoidable Adverse Impacts, as discussed below.
Agricultural Resources
The proposed General Plan update would result in the conversion of 34.1 acres of designated Prime
Farmland to a nonagricultural land use designation. Currently, there are no specific agricultural land use
designations within the City of Palm Springs.
The active existing agricultural use would be allowed underthe proposed land use designation of Desert, the
intent of which would be to preserve and protect the natural, scenic, and wildlife resources unique to the
Palm Springs desert environment. Thus, over the longterm, the 34.1 acres would convertto nonagricultural
uses. Implementation of the General Plan Update over the long-term would convertthe remaining parcel of
Prime Farmland in the City.
While it may be determined that the remaining agricultural property no longer represents a significant
agricultural resource, this cannot be determined at this time, therefore, impacts to agricultural resources are
considered Significant and Unavoidable.
Air quality
Due to the magnitude of development forecast under the proposed General Plan, air pollutant emissions
generated during construction activities, including GO, NOx, ROG, SOX, PM,,, and PM,,, that occur
separately or concurrently would continue to exceed the SCAQMD's regional construction thresholds.
Mitigation Measure 3-1, would reduce emissions from construction -vehicle exhaust during construction
activities to the extent feasible. As a result, short-term construction emissions would remain Significant and
Unavoidable.
Mitigation Measure 3-2 would reduce emissions generated by mobile -sources to the extent feasible.
However, due to the magnitude of development forecast under the proposed General Plan, air -pollutant
emissions generated from proposed land uses at project buildout would continue to exceed the 5CAQMD's
regional operational thresholds. As a result, Impact 5.3-3 in the DER would remain Significant and
Unavoidable.
Czq of Palm Springs General Peen Update EIR City of Palm Springs • Page 4-I
.Findings of Fact and Statement of Overriding Conjideratioru
l;
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4 . Stdtelnent of Overriding Considerdtionf iJ
11
Mitigation Measure 3.1 would also reduce associated concentration of air pollutants from construction
activities at nearby sensitive receptors. However, due tothe magnitude of the construction grading activities
and the potential for occupied sensitive receptors to be located in close proximity to future project j
construction, construction emissions may exceed the SCAQMD localized significance thresholds. Mitigation
Measure 3.3 would ensure that the City considers CARB's Air Quality and land Use Handbook when
evaluating new development proposals within the City. However, the proposed General Plan designates Very
Low Density Residential, Desert, and Open Space -Mountain within the vicinity of 1-10, which has the potential
I
to expose sensitive receptors to substantial pollutant concentrations from diesel exhaust. Consequently, U
sensitive receptors exposed to substantial pollutant concentrations would remain Significant and
Unavoidable.
Hazards and Hazardous Materials
The Palm Springs International Airport is located in the southeastern portion of the City of Palm Springs. 1
Because of the long-term use of the facility by aircraft, many of the existing, surrounding land uses are
industrial or commercial_ Residential uses predominate to the north and industrial uses to the south. Existing
residential uses are located within one-half mile of the northwest runway approach. Existing residential uses (
do not conflict with the adopted Airport Land Use Compatibility Plan for the Palm Springs International l
Airport. However, as airport operations pose a potential hazard for residences in close proximity to the U
airport, no new residential areas would be designated within close proximity to the Palm Springs
International Airport with the General Plan Update, However, buildout of the General Plan would allow for
additional industrial development within close proximity to the Palm Springs International Airport. Land use I
decisions with the vicinity of the Palm Springs International Airport are reviewed by the Palm Springs Airport
Land Use Commission (ALUC). If the commission determines that any of the proposed actions are
inconsistent with the Airport Land Use Plan, the City, after a public hearing, may overrule the ALUC by a two- 1 1
thirds vote of the City Council if it makes specific findings that the proposed action is consistent with the
purposes stated in Public Utilities Code, Section 21670. Thereafter the proposed action is not subject to
review by the ALUC. A local agency that proposes to overrule the ALUC must first provide the ALUC and the
State Department of Transportation, Division of Aeronautics, with the proposed decision at least 45 days prior
to the decision. Any comments by the ALUC or Division of Aeronautics must be included in the final record of
the local agency's final decision to overrule the ALUC_ While the City may overrule the ALUC for the areas
described above, the hazards associated with buildout of these industrial areas within Zone Aare significant.
Mineral Resources
The majority of the MRZ 2 area, shown in Figure 5.10-1 of the DEIR, is overlain by the Wind Energy Overlay
Zone, which is used for wind energy generation_ Much of this area is already utilized for wind energy
production_ Future expansion of areas used for wind energy production within the MRZ 2 Zone can be
expected due to increased demand for energy within southern California. While wind energy production
does not generate sensitive residential structures or high density clusters of people that would prevent
mineral extraction activities, wind energy production requires substantial economic investment. The
economic value of the land as a wind energy production area may restrict the availability of mineral
resources in this area due to growth in this energy sector. While both of these resources are valuable,
impactsfrom development of wind energy resources are significant in terms of mineral resource loss alone,
as they would restrict future mineral resource production in the Whhewater River Sector,
Noise
Mitigation Measure 11-1 would minimize any noise from stationary noise sources within the City and
therefore impacts from stationary noise generation would be less than significant after mkigation_ However.
Page 4-2 •The Planning Center Jane 2007
4. Sl aternent of Overriding Considerations
an increase in traffic levels on local roadways as a result of buildout of the Palm Springs General Plan would
substantially increases the ambient noise environment in the vicinity of noise -sensitive receptors. It may also
be infeasible to implement exterior improvements to noise -sensitive land uses to comply with the City's
exterior -noise -compatibility standard of 65 dBA, due to proximity to the railroad, the airport, or high -volume
roadways. As a result, an increase in the existing ambient noise environment would remain Significant and
Unavoidable.
Mitigation Measures 11-3 and 11-4 would reduce potential vibration impacts to fragile historic buildings and
from placement of vibration -sensitive land uses near the UPRR. However, no mitigation measures are
available to reduce vibration levels produced by heavy construction equipment on vibration -sensitive
receptors, which may result in human annoyance. As a result, groundborne vibration impacts would remain
Significant and Unavoidable.
No feasible mitigation measures are available to reduce impacts from construction activities and, temporary
noise increases in the vicinity of sensitive receptors would remain Significant and Unavoidable.
Mitigation Measures 11-5 through 11-8 would reduce potential interior noise impacts to new development
from operation of the Palm Springs International Airport and heliports within the City to less than significant
levels. However, exterior noise levels would exceed noise levels desirable by the City as a result of aircraft
overflights from the Palm Springs International Airport or heliports within the City. As a result, airport -related
noise would remain Significant and Unavoidable_
Population and Housing
WKIV
The proposed project will result in significant population and housing impacts. The proposed project would
result in the direct population growth above and beyond regional projections. Therefore, the population
increases are considered significant and unavoidable. When SCAG updates their regional plans and
incorporates Palm Springs' new growth projections into their regional growth projections, population and
housing impacts would be less than significant. However, until SCAG projections are updated, impacts
would remain significant and unavoidable.
Transportation and Traffic
The mitigation measures identified in Section 5-15 of the DER would reduce potential impacts associated
with transportation and traffic to a level that is less than significant. Therefore, no significant unavoidable
adverse impacts relating to transportation and traffic remain.
However, it should be noted that if the City were to pursue the Sunrise Way Extension Alternative, a number
of roadways would operate at unacceptable levels of service, as identified on Table 5.15-11 in the DEIR. This
would represent a Significant and Unavoidable adverse impact.
Conclusion
The project, however, will create substantial benefits for the community to be served by the project. The
projectwill expand employment and housing opportunities within the City of Palm Springs and the Coachella
Valley.
The City of Palm Springs City Council, after balancing the specific economic, legal, social, technological, and
other benefits of the proposed project, has determined that the unavoidable adverse environmental impacts
identified above may be considered "acceptable" due to the following specific considerations, which
City of Palm Springs General Plan Update EIR City of Palm Springs I Page 4-3
Findings of Fact and Statement of One)wding Considerations
4. Statement of Overriding Considerations
l;
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outweigh the unavoidable, adverse environmental impacts of the proposed project_ Each of the separate
benefits of the proposed project, as stated herein, is determined to be, unto itself and independent of the
other project benefits, a bass for overriding all unavoidable adverse environmental impacts identified in these
Findings.
4,2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS
Consistency with AQMP Land Use Strategies
Although the proposed General Plan Update will result in significant air quality impacts, the project is
consistent with the Regional Comprehensive Plan and Guide (RCPG) and AQMP land use strategies to
reduce the number of vehicle trips (Le., through encouraging HOV usage) and the length of trips (i.e., by
reducing regional VMT by reducing home -to -work commute distances through jobs/housing balance
policies). The assumptions regarding land use -based air quality measures is that trips and mode choices are
not only a function of the transportation system, but also relate to housing density, relative locations of
residential and commercial land uses, and the proximity to regional transportation systems.
I
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Provision of Jobs in a Housing -Rich Region L.-
The City of Palm Springs is heavily dependant on tourism, the area's primary industry. This employment
sector is characterized by traditionally low wages, thus impacting the need for affordable housing. In
addition, the need for this type of employment is heavily dependant on the season as the City's population
increases during the fall, winter and spring months and decreases during the summer period. With these
seasonal population increases comes the seasonal flux in employment opportunities generated by the
tourism industry. As seasonal jobs are associated with low wages, persons employed bythetourism industry
are unlikely to live in the City, as year-round employment opportunities are currently unavailable.
The City's Proposed Land Use Plan estimates approximately 55,813 jobs would be created through
implementation of the General Plan Update_ To improve upon the existing jobs/housing imbalance, the
General Plan Update provides for creation of new employment centers through designation of additional
commercial/retail land use opportunities. To foster job growth, the project would expand employment by
concentrating and enhancing commercial uses in strategic locations. Specifically, the new Regional Business
Center (RBC) land use designation, generally located at the Indian Canyon Drive and Gene Autry Trail
interchange north of the Southern Pacific Railroad and adjacent to the 1-10, would accommodate a wide
variety of business activities in a multi -use environment. The RBC is expected to providejob opportunities for
the residents of Palm Springs and the whole of Coachella Valley.
Provision of Community Facilities
The proposed General Plan Update reflects the City's vision for its development through 2030, and provides
goals and policies that will guide future development in the City ensuring long-term sustainability of
community facilities. In the absence of these goals, policies, and actions that guide future growth,
development would occur but would lack vision and could potentially threaten the existing character of the
City. Thus, the General Plan Update provides for future growth in the City in a manner which allows for
allocation of resources to improve, maintain, or create additional community facilities. Through the goals,
policies, and actions of the General Plan Update, the project preserves and enhances the predominately low
density, high quality residential character of the City by promoting standards for development and amenities
beyond those expected under conventional development and preserving the desert resort environment of
the City by enhancing the treatment of arterial roadway edges and protecting the expansive views of the
Page 4-4 a The Planning Center June 2007
4. Statement of Overriding Consideratiolzs
Santa Rosa and San Jacinto Mountains which form a backdrop to the City. The City of Palm Springs General
Plan Update provides provisions for community facilities within the City that would meet the needs of the
future population, which include the following:
Parks and Recreation
Palm Springs provides an extensive trail system, an array of nearby state, federal and tribal parks, and a
generous amount of designated open space. The Open Space land use designation in the current General
Plan accounts for approximately 25,044 acres. While the General Plan Update designations for Open Space
acreage for parks and recreation remains relatively constant, acreage devoted to water uses has increased
by 1,421 acres. Two golf courses are currently in the planning stages. The General Plan Update's Recreation
and Open Space Element provides goals, policies and programs that support a regular review of the City's
parks and trails plans to keep pace with demographic trends and recreational needs of Palm Springs
residents.
Public Services
While the General Plan Update does not directly result in the construction of newfaoilities orthe provision of
additional equipment and personnel to the City's fire, police, school and library service providers, the
General Plan Update includes goals and policies aimed to ensure these community service facilities would
keep up with the pace of growth in the City. Furthermore, additional personnel, building and material costs
for these services in the City of Palm Springs would be offset through the increased revenue and fees
generated by future development in accordance with the General Plan Update. Institutional land uses would
be maintained through implementation of the General Plan Update in the Housing, I -and Use, Safety and
Recreation and Open Space Elements.
Transportation and Traffic Considerations
Although traffic increases are associated with the proposed project, traffic improvements have been
identified as part of the City's Circulation Element to mitigate the traffic impacts. The Circulation Element
proposed as part of the General Plan Update reflects changes needed to accommodate the project
population growth. Intersection improvements at key intersections would allow all intersectionsto operate at
an acceptable level of service_
Implements the Objectives Established for the Project
The proposed General Plan Update implements the various objectives established forthe project, including
the following:
• Provide a comprehensive update to the City's General Plan to provide for the efficient use of land'
and promote the use of infill development.
• Expand the employment base to maintain a healthy economy and to generate opportunities for
residents to work in the same City in which they live_
• Enhance the City as a destination resort and build upon the City's established resort features such
as the convention center, Downtown, the airport, recreational amenities, and lodging facilities.
• Encourage development of shopping opportunities and now regional retail facilities
City of Palm Springs Gencral Plan Update E(R
Findings of Fact and Statemenr of Overriding Considerations
City of Palm Springs • Page 4-5
4. Statement of Overriding Consideratiol2s
• Provide a broad range of housing opportunities to provide housing alternatives for the varying life
stages and life styles of the City's residents.
• Create and/or enhance concentrated nodes of activity within the City through the intensification and
mix of uses to stimulate activity in key areas of the City.
• Preserve and protect the distinctive neighborhoods in the City by developing logical transitions
between more intense and higher -density uses and single-family residential neighborhoods to
preserve the quality of desert living that is treasured by the City's residents.
• Preserve and protect the scenic resources of the City which add value to the City's quality of life and
are an important contributor to the City's image as a destination resort.
• Promote the economic stability of the City through a diverse economic base that balances tourism,
entertainment, retail, office, and industrial uses.
• Preserve historic and architectural resources throughout the City.
4.3 CONCLUSION
For the foregoing reasons, the City of Palm Springs concludes that the General Plan Update project will
result in a beneficial mix of residential, commercial, industrial, institutional, recreation and open space uses
providing significant housing, recreational, and public services benefits of local and regional significance, as
well as various public infrastructure improvements, which outweigh the unavoidable environmental impacts.
Therefore, the City of Palm Springs has adopted this Statement of Overriding Considerations.
Page 4-6 •The Planning Center June 2007
5. References
The following reference materials were reviewed to obtain information included in or considered during the
preparation of this environmental impact report To arrange for the review of one or more ofthese references,
please contact Craig A- Ewing, AICP, Director of Planning Services, City of Palm Springs Planning Services
Department, at (760) 323-8245.
5.1 PRINTED REFERENCES
Archaeological Research Unit, University of California Riverside. 1992, May (Revised). Cultural
Resources, Palm Springs General Plan EiR-
Architectural Resources Group. 2004, June. City of Palm Springs Department of Planning and Zoning,
Citywide Historic Resources Survey,
California DMG Desert Hot Springs Quadrangle, revised official map, 1980.
California Department of Conservation Division of Mines and Geology. 1988. Special Report 159. Mineral
Land Classification Aggregate Materials in the Palm Springs Production -Consumption Region -
California Department of Water Resources. Coachella Valley Groundwater Basin, Indio Subbasin.
California Groundwater Bulletin 118. February 27, 2004.
California Wind Energy Collaborative- 2005, June 16. Permitting Setbacks for Wind Turbines in California
and the Blade Throw Hazard. Prepared by Scott Larwood. UC-Davis. Report # CWEC-2005-001.
City of Palm Springs. 2006, July- Parks and Recreation Strategic Plan.
CVWD, Coachella Valley Final Water Management Plan, September 2002-
Discovery Works, Inc. 2005, December 24. Cultural Resources Technical Memo for the Palm Springs
General Plan Update.
Earth Consultants International. 2005, June. Technical Background Report to the Safety Element of the
General Plan for the City of Palm Springs, Riverside County, California
Endo Engineering. 2006, September 20. Palm Springs General Plan Update Peak Hour intersection Level
of Service Analysis.
Parsons Brinckerhoff Quade & Douglas, Inc. 2006, November 3. Draft General Plan Update Traffic
Analysis.
The Planning Center. 2006, January. Biological Resources Report for the City of Palm Springs General
Plan and Environmental impact Report.
Riverside County Airport Land Use Commission- 2005, March. East County Airports Background Data:
Palm Springs International Airport and Environs
Riverside County Flood Control and Water Conservation District. 1982. Palm Springs Master Drainage
Plan.
City of Palm Springs Gencral Plan Update EIR City of Patin Springs • Page 5-I
Findings of Fart and Statement of Overriding Considerations
a"V
L.1
5. References
—'
Roberts, Barbara (City Librarian). 2006, November- Letter. Palm Springs Public Library-
(I
Lw
San Bernardino County Museum. 2005, December 21. Paleontological Literature and Records Review,
Palm Springs General Plan Update, Riverside County, California-
1
Southern California Association of Governments. 2006. Regional Comprehensive Plan — Draft Preliminary
Air Quality Chapter.
SunLine Transit Agency, Transportation Management and Design, Inc- Comprehensive Operational
Analysis (COA), Proposed Transit Service Improvement Plan, 2005-06.
! ;
IE
United States Census Bureau, Department of Finance.
�l
5.2 WEBSITES
AirNay. Airport Search Results, for Palm Springs, CA. 2005. http://www.airnav-eom/egi-bin/airport-search).
Bureau of Land Management, U.S. Department of the Interior- 2006, August 10. Santa Rosa and San
Ii
Jacinto Mountains National Monument- http://www.blm.gov/ca/palmspringsisantarosa/
santa rasa national monument-html. Accessed November 27, 2006-
Bureau of Land Management. http://www.ca.bim,gov/palmsprings/santarosa/santa_rosa_
national_monument.html. Accessed December 8, 2006.
California Department of Education. 2006, November 22. California Public Schools — District Report.
j
http://dq.cde, cagov/d ataquest/D istEnP2.asp?TheName = palm+s p rings&cSelect= 3367173--
PALM+S PRINGS+ UNIFIED&cChoice= DistEnrGr2&cYear= 2005-06&cLevei= District&crop ic=
Enrollment&myTimeFrame=S&submitl=Submit. Accessed November 22, 2006.
California Department of Finance. 2006, January. California Statistical Abstract. Table B-4: Total
Population, California Cities and Counties. http_//www-dof-ca.gov/HTMLIFS_DATA/STAT-
ABS/tables/b4-pdf. Accessed December 14, 2006.
California Department of Transportation- 2006. http://www.dot.ca.govlhq/LandArch/Sconic_highways/.
Accessed March 5, 200T
California Department of Water Resources. 2006. http://www-swpao.water.Ga.gov/pdfs/06-07.pdf.
Accessed December 2006.
California Integrated Waste Management Board- 1999, August. Waste Reduction Policies and Procedures
for State Agencies. http'///www-ei vmb.cagov/PublicafionsUcalAsst/StateAgencyl
4419901ITdoc.
California Integrated Waste Management Board. 2006a. California Waste Stream Profiles. Jurisdictional
Profile for City of Palm Springs- 2005 data. http:/hvww.ciwmb.ca.gov/Profiles/Juris/
JurProfile2.asp?RG=C&JURID=360&JUR= Palm +Springs- Accessed November 21, 2006.
California Integrated Waste Management Board. 2006b. Facility/Site Listing. Edom Hill Transfer Station.
htip--//www.ciwmb.ca.goviswis/detall.asp?PG= D ET&SITESCH=33-AA-0296&OUT= HTML
Accessed November 21. 2006.
Page 5-2 •7The Planning Center June 2007
5. References
California Integrated Waste Management Board. 2006c. Facility/Site Listing. Land Canyon Sanitary
Landfill. http:/Jwww.ciwmb.ca.gov/swis/detail.asp?PG=DET&SITESCH=33-AA-
+ 0007&OUT=HTML. Accessed November 21, 2006.
California Integrated Waste Management Board. 2006d. Facility/Site Listing. Badlands Sanitary Landfill.
http://www.ciwmb.ca.gov/swis/detail.asp?PG=DET&SITESCH=33-AA-0006&OLJT= HTML.
Accessed November 21, 2006,
City of Palm Springs, 1993, March 3. General Plan. htfp://www-ci-paIm-
springs-ca.us/planning/general_plan-pdf. Accessed November 27, 2006_
City of Palm Springs. 2006, September. Parks and Recreation Department, Recreation Division.
Recreation Brochure, September 2006 - May 2007. http://www.ci.paim-
springs-ca-us/parks/Rec6roWebFal]2006-pdf. Accessed November 27, 2006.
J
Coachella Valley Association of Governments. 2005. www_cvag.org.
Coachella Valley Water District. 2005, September 9. Whitewater Replenishment.
http://www. dwa. org/about/ W h itewater°/*20G ro u nd%2OWate r%2oRep len ir>hment%2oReport. pdf.
Accessed November 22, 2006.
Coachella Valley Water District. 2006. 2005-2006 Annual Review and Water Quality Report-
http;llwww.cvwd.org/2006-water_quality_report-PDE Accessed November 22, 2006_
Dataquest, linked from the CDE website. http://datal.cde.ca.gov/dataquest/SearchNamc.asp?cName= COX)
33669853330214&Topic = Enrollment& Leve I =School&rb7ime Frame = oneyear&rYea r=2005-06.
Desert Water Agency, 2006. Water Information: Sources of Supply, http://www.dwa.org/water_info/
w seurces_supply.aspx. Accessed November 22, 2006,
EPA, http://www.epa.gov/npdes/pubs/101pape.pdf, September 2004.
Palm Springs Fire Department. 2006. Stations. http:/Iwww.psfire.com/stations.htm. Accessed November
22. 2006.
Palm Springs Unified School District. PSUSD Schools. http://wvvw.psusd.us/schools/schools.htmi.
Accessed November 22, 2006.
San Diego State University Center for Inland Waters (SDSU-CIW). 2005. Geology of California's Imperial
Valley, A Monograph by Eugene Singer. Chapter 10. Volcanic Activity in the Imperial Valley.
http-,/Iwww,scixdsLi.edu/safton/VolcanicActivity.litmi-
United States Census Bureau. 2006a, June 8. State and County Quickfacts. Palm Springs (City),
California. http://quickfacts_census.gov/qfd/states/06/0655254.htmi. Accessed December 12,
2006.
United States Census Bureau. 2006b. DP-4. Profile of Selected Housing Characteristics: 2000. City of
Palm Springs, California_ http://f`actrindercensus.gov/serviet/QT-Fable?_bm=y&-
qr name=DEC_2000_SF3 U_DP4&-ds_name=DEC_2o00_SF3 U&-_tang=en&- sse=on&-
geo_id= 16000US0655254. Accessed December 12, 2006.
City of Palm Springs General Plan Update E1R City of Palm Springs • Page 5-3
Findings of Fact and Statement of Overriding Considerations
5. References
United Stated Geological Survey (USGS). 2005, October 13. Agua Caliente Spring-
http;flca.water,usgs.gov/issues/project single.pl?id= 8).
Veolia Water. Project Map: Palm Springs Wastewater Treatment System_ http://www.veoliawatema.com/
project/project_asp?stateName =California&ID =181.
Wateronline.com. 2006. July 14. Palm Springs, CA Extends and Expands Wastewater Partnership with Veolia
Water North America, hltp://www.wateronline.com/content/news/article.asp?docid=2a0el21c-9171-4913-
beca-8bf3abcde522&ate—c=771 +s=773+r=001 +I=a. Accessed November 21, 2006_
Page 5-4 0 The Planning Center June 2007
l�
L
EXHIBIT C
MITIGATION
MONITORING
PROGRAM
CITY OF PALM
SPRINGS GENERAL
PLAN UPDATE
ENVIRONMENTAL
IMPACTREPORT
li y,arcdfor:
CITY OF PALM
SPRINGS
Contact:
Craig Ewing, AICP
Director of Planning
Services
prepared by:
THE PLANNING
CENTER
Contact:
William Halligan, Esq_
Vice President,
Environmental Services
JUNE 2007
Section
Table of Contents
Page
1.
INTRODUCTION.. ......................................... __ ........................................ 1-1
1.1
PURPOSE OF MITIGATION MONITORING PROGRAM..................................................1-1
1.2
PROJECT SUMMARY .............................................................. ....................1-2
1.3
PROJECT LOCATION............................................................................. ...................1-2
1.4
ENVIRONMENTAL IMPACTS....................:..............................................................1-2
2.
MITIGATION MONITORING PROCESS.............................................................................2-1
2.1
MITIGATION MONITORING PROGRAM IMPLEMENTATION..........................................2-1
2.2
CITY OF PALM SPRINGS COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT................................................................ • ......................
2-1
2.3
MITIGATION MONITORING RESPONSIBILITIES............................................... .------------
2-1
2.4
RECOGNIZED EXPERTS.................................................................. ...............................
2-2
2.5
ARBITRATION/DISPUTE RESOLUTION .......... ...... ... ....................................................
2-2
2.6
ENFORCEMENT.................................................... ... ..... .............................................
2-2
3.
MITIGATION MONITORING REQUIREMENTS..................................................................3.1
3.1
PRE -MITIGATION MEETING... -
........3-1
3.2
CATEGORIZED MITIGATION MEASURES/MATRIX........................................................3
1
3.3
IN -FIELD MONITORING - - ...................... - -- - .........................-
3-1
3.4
COORDINATION WITH CONTRACTORS .............. ........... ..... ..........................................
3-1
3.5
LONG-TERM MONITORING... ......................... •....................................3-1
4.
MITIGATION MONITORING REPORTS ............................... ............................... ...............4-1
4.1
FIELD REPORTS...............---..............................---------.........................-•-------.............4-1
4.2
PLAN CHECK CONFORMANCE REPORTS ...................... ..... ... ..................................
...4-1
4.3
IMPLEMENTATION COMPLIANCE REPORT (ICR).....................................................
.... 4-1
4.4
ARBITRATION/ENFORCEMENT REPORT (AER)........ .......................... ..........................
4-1
City of Palm Springs General Plan UprLtte FIR Cite of Palnr Sprigs • Page i
Maigaion Aforitoring Program
Table of Contents
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Page ii • The Planning Center Are 2007
I . Introduction
1. i PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor mitigation
measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR) State
Clearinghouse No- 2006071060. The Mitigation Monitoring Program has been prepared in conformance with
Section 21081.6 of the Public Resources Code. Section 21081.6 states:
(a) When making the findings required by paragraph (1) of subdivision subsection (a) of Section
21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c)
of Section 21080, the following requirements shall apply.
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the
projector conditions of project approval, adopted in order to mitigate or avoid significant effects on
the environment. The reporting or monitoring program shall be designed to ensure compliance
during project implementation. For those changes which have been required or incorporated into the
project at the request of a responsible agency or a public agency having jurisdiction by law over
natural resources affected by the project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material
which constitute the record of proceedings upon which its decision is based-
(b) A public agency shall provide that measures to mitigate or avoid significant effects on the
environment are fully enforceable through permit conditions, agreements, or other measures.
Conditions of project approval may be set forth in referenced documents which address required
mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public
project, by incorporating the mitigation measures into the plan, policy, regulation, or project design.
(c) Prior to the close of the public review period for a draft environmental impact report or mitigated
negative declaration, a responsible agency, or a public agency having jurisdiction over natural
resources affected by the project, shall either submit to the lead agency complete and detailed
performance objectives for mitigation measures which would address the significant effects on the
environment identified by the responsible agency or agency having jurisdiction over natural resources
affected by the project, or refer the lead agency to appropriate, readily available guidelines or
reference documents. Any mitigation measures submitted to a lead agency by a responsible agency
or an agency having jurisdiction over natural resources affected by the project shall be limited to
measures which mitigate impacts to resources which are subject to the statutory authority of, and
definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or
agency having jurisdiction over natural resources affected by a project with that requirementshall not
limit the authority of the responsible agency or agency having jurisdiction over natural resources
affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as
provided by this division or any other provision of law_
The Mitigation Monitoring Program will serve to document compliance with adopted/certified mitigation
measures which are formulated to minimize impacts associated with the construction of the proposed
project.
City of Palm Springs Geuarsl Plan Update EIR Ciry of Palm Springs a Page 1-1
Mitigalion Monitoring Program
1. Introduction
1.2 PROJECT SUMMARY
The proposed project is an update to the City of Palm Springs General Plan. This update involves a revision
to the land use map and a revision to elements required by the State of California as well as optional
elements_ The General Plan Update contains revisions to the state -mandated elements:
Land Use
• Housing
Circulation
• Safety
Noise
• Recreation, Open Space and Conservation
Since opportunities for redevelopment and reinvestment into the community are a prominent issue for the
City, economic development and improved community quality are a considerable focus of the updated
General Plan and its policies. As a result, two additional optional elements were included in the General Plan
to provide additional direction for the City's future:
Community Design Element
• Air Quality Element
1.3 PROJECT LOCATION
The City of Palm Springs is located at the western end of the Coachella Valley within Riverside County. The
incorporated areas of Palm Springs could generally be described as bounded by the Santa Rosa and San
Jacinto Mountains on the south and west, and the Whitewater River and the desert on the north. To the east
are Cathedral City and Rancho Mirage. The City of Palm Springs'sphere of influence (SOI) is adjacent to the
City's northwestern and southwestern boundary, including areas adjacent to Palm Hills and areas along the
northern city limits in the vicinity of Interstate 10 (1-10). The City's SCI is an area with the potential to be
annexed to the City and is intended to reflect "the probable physical boundaries and service area" of
the City.
1.4 ENVIRONMENTAL IMPACTS
1.4.1 Potentially Significant Adverse Impacts That Can be Mitigated,
Avoided, or Substantially Lessened
Sixteen environmental factors have been identified as potentially resulting in substantial change in
circumstances with regards to the proposed project. These factors are:
Aesthetics
Air Quality
• Cultural Resources
• Hazards and Hazardous Materials
Land Use and Planning
Noise
• Public Services
• Transportation and Traffic
• Agricultural Resources
• Biological Resources
Geology and Soils
Hydrology/Water Quality
• Mineral Resources
• Population and Housing
Recreation
Utility and Services System
Page 1-2 • The Planning Center Jrrne 2007
I. Introduction
1.4.2 Unavoidable Significant Adverse Impacts
Six impacts were found to be significant and unavoidable as follows
Agricultural Resources
The proposed General Plan update would result in the conversion of 34.1 acres of designated Prime
Farmland to a nonagricultural land use designation. Currently, there are no specific agricultural land use
designations within the City of Palm Springs.
The active existing agricultural use would be allowed under the proposed land use designation of Desert, the
intent of which would be to preserve and protect the natural, scenic, and wildlife resources unique to the
Palm Springs desert environment. Thus, over the long term, the 34.1 acres would convert to nonagricultural
uses. Implementation of the General Plan Update overthe long-term would convertthe remaining parcel of
Prime Farmland in the City. Therefore, impacts to agricultural resources are considered significant and
unavoidable.
While it may be determined that the remaining agricultural property no longer represents a significant
agricultural resource, this cannot be determined atthis time, therefore, impacts to agricultural resources are
considered Significant and Unavoidable.
Air Quality
Due to the magnitude of development forecast under the proposed General Plan, air pollutant emissions �.►0
generated during construction activities, including CO, NO,, ROG, Sox, PM,,, and PM,.,, that occur K
separately or concurrently would continue to exceed the SCAQMD's regional construction thresholds.
Mitigation Measure 3-1, would reduce emissions from construction -vehicle exhaust during construction
activities to the extent feasible. As a result, short-term construction emissions would remain Significant and
Unavoidable.
Mitigation Measure 3-2 would reduce emissions generated by mobile -sources to the extent feasible.
However, due to the magnitude of development forecast under the proposed General Plan, air -pollutant
emissions generated from proposed land uses at project buildout would continue to exceed the SCAQMD's
regional operational thresholds. As a result, Impact 5.3-3 in the DFIR would remain Significant and
Unavoidable.
Mitigation Measure 3-1 would also reduce associated concentration of air pollutants from construction
activities at nearby sensitive receptors. However, due to the magnitude of the construction grading activities
and the potential for occupied sensitive receptors to be located in close proximity to future project
construction, construction emissions may exceed the SCAQMD localized significance thresholds. Mitigation
Measure 3-3 would ensure that the City considers CARB's Air Quality and Land Use Handbook when
evaluating new development proposals within the City. However, the proposed General Plan designates Very
Low Density Residential, Desert, and Open Space -Mountain within the vicinity of 1-10, which has the potential
to expose sensitive receptors to substantial pollutant concentrations from diesel exhaust. Consequently,
sensitive receptors exposed to substantial pollutant concentrations would remain Significant and
Unavoidable.
City of Palm Springs General Plan Update E'IR CIO' of Palm Springs • Page 1-3
114itiga6on Monitorhq Program
.1, Introduction
Hazards and Hazardous Materials
The Palm Springs International Airport is located in the southeastern portion of the City of Palm Springs.
Because of the long-term use of the facility by aircraft, many of the existing, surrounding land uses are
industrial or commercial. Residential uses predominate to the north and industrial uses to the south. Existing
residential uses are located within one-half mile of the northwest runway approach. Existing residential uses
do not conflict with the adopted Airport Land Use Compatibility Plan for the Palm Springs International
Airport. However, as airport operations pose a potential hazard for residences in close proximity to the
airport, no new residential areas would be designated within close proximity to the Palm Springs
International Airport with the General Plan Update, However, buildout of the General Plan would allow for
additional industrial development within close proximity to the Palm Springs International Airport. Land use
decisions with the vicinity of the Palm Springs International Airport are reviewed bythe Palm Springs Airport
Land Use Commission (ALUC). If the commission determines that any of the proposed actions are
inconsistent with the Airport Land Use Plan, the City, after a public hearing, may overrule the ALUC by atwo-
thirds vote of the City Council if it makes specific findings that the proposed action is consistent with the
purposes stated in Public Utilities Code, Section 21670. Thereafter the proposed action is not subject to
review bythe ALUC. A local agency that proposes to overrule the ALUC mustfirst provide the ALUC and the
State Department of Transportation, Division of Aeronautics, with the proposed decision at least 45 days
prior to the decision. Any comments by the ALUC or Division of Aeronautics must be included in the final
record of the local agency's final decision to overrule the ALUC. While the City may overrule the ALUC for the
areas described above, the hazards associated with buildout of these industrial areas within Zone A are
significant.
Mineral Resources
The majority of the MRZ-2 area, shown in Figure 5.10-1 of the DEIR, is overlain by the Wind Energy Overlay
Zone, which is used for wind energy generation. Much of this area is already utilized for wind energy
production. Future expansion of areas used for wind energy production within the MRZ-2 Zone can be
expected due to increased demand for energy within southern California. While wind energy production
does not generate sensitive residential structures or high density clusters of people that would prevent
mineral extraction activities, wind energy production requires substantial economic investment. The
economic value of the land as a wind energy production area may restrict the availability of mineral
resources in this area due to growth in this energy sector. While both of these resources are valuable,
impacts from development of wind energy resources are significant in terms of mineral resource loss alone,
as they would restrict future mineral resource production in the Whitewater River Sector.
Noise
Mitigation Measure 11-1 would minimize any noise from stationary noise sources within the City and
therefore impacts from stationary noise generation would be less than significant after mitigation. However,
an increase in traffic levels on local roadways as a result of buildout of the Palm Springs General Plan would
substantially increases the ambient noise environment in the vicinity of noise -sensitive receptors. It may also
be infeasible to implement exterior improvements to noise -sensitive land uses to comply with the City's
exterior -noise -compatibility standard of 65 dBA, due to proximity to the railroad, the airport, or high -volume
roadways. As a result, an increase in the existing ambient noise environment would remain Significant and
Unavoidable.
Mitigation Measures 11-3 and 11-4 would reduce potential vibration impacts to fragile historic buildings and
from placement of vibration -sensitive land uses near the UPRR. However, no mitigation measures are
available to reduce vibration levels produced by heavy construction equipment on vibration -sensitive
Page 1-4 • The Planning Center June 2007
1. Introduction
receptors, which may result in human annoyance. As a result, groundborne vibration impacts would remain
Significant and Unavoidable.
No feasible mitigation measures are available to reduce impacts from construction activities and, temporary
noise increases in the vicinity of sensitive receptors would remain Significant and Unavoidable.
Mitigation Measures 11-5 through 11-8 would reduce potential interior noise impacts to new development
from operation of the Palm Springs International Airport and heliports within the City to less than significant
levels. However, exterior noise levels would exceed noise levels desirable by the City as a result of aircraft
overflights from the Palm Springs International Airport or heliports within the City. As a result, airport -related
noise would remain Significant and Unavoidable.
Population and Housing
The proposed project will result in significant population and housing impacts. The proposed project would
result in the direct population growth above and beyond regional projections. Therefore, the population
increases are considered significant and unavoidable. When SCAG updates their regional plans and
incorporates Palm Springs' new growth projections into their regional growth projections, population and
housing impacts would be less than significant. However, until SCAG projections are updated, impacts
would remain significant and unavoidable.
RE,
Cily of Palm Sprigs General Plan Upd ae EIR City of Palm Springs • Page 1-5
Mitiga ion A-lonitoring Program
1. Introduction
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I
L
Page 1-6 • The Planning Center Jxne 2007
2. Mitigation Monitoring Process
2.1 MITIGATION MONITORING PROGRAM IMPLEMENTATION
Overall mitigation monitoring program management is the responsibility of the City of Palm Springs
Community and Economic Development Department. The technical consultants (EIR consultant,
geologist/environmental assessor, project engineer, noise consultant, and traffic consultant) will perform
related monitoring tasks under the direction of the environmental monitor (if contracted by the City).
In the event of disputes regarding matters for which the City is the final authority, the Director of Community
Development will be final arbiter in the event of a dispute.
2.2 CITY OF PALM SPRINGS COMMUNITYAND ECONOMIC DEVELOPMENT DEPARTMENT
The City of Palm Springs Community and Economic Development Department will serve as the program
administrator, responsible for overall program management, mitigation monitoring clearances and
coordination of the arbitration committee/responsible agencies. The Department is responsible for review of
all monitoring reports, enforcement actions, and document disposition.
2.3 MITIGATION MONITORING RESPONSIBILITIES
The mitigation monitoring team, consisting of the environmental monitor manager and technical
subconsultants (EIR consultant, geologist/environmental assessor, project engineer, noise consultant, and
traffic consultant, if contracted), is responsible for monitoring the implementation/ compliance with all
adopted mitigation measures and conditions of approval. A major portion of the team's work is in -field }�,
monitoring and compliance report preparation. Implementation disputes are brought to the committee for 2' V
resolution by the monitor, and if required, to the arbitration committee. ii�~''•++
The following summarizes key positions in the monitoring program and their respective functions.
Monitoring Team
• Technical Advisors: Responsible for monitoring in respective areas of expertise (EIR consultant,
geologist/environmental assessor, project engineer, noise consultant, and traffic consultant). Directly
reports to the environmental monitor.
Palm Springs Community and Economic Development Department: Principal manager of the
monitoring program. The Department will serve as the program administrator, responsible for overall
program management, mitigation monitoring clearances and coordination of the arbitration
committee/responsible agencies. The Department is responsible for review of all monitoring reports,
enforcement actions, and document disposition. Responsible for overall program administration,
participation on arbitration committee and document/report clearinghouse.
Palm Springs Department of Public Works: Responsible for review of final engineering plans in
conformance with the Tentative maps, technical support, and compliance report preparation.
• City Council: Responsible for implementation of corrective action, stop work orders and final
arbitrator of disputes.
City of Palm Springs General Plan Update EIR City of Palm Springs • Page 2-1
Alitigatiun Monitoring Program
2. Mitigation Monitoring Process
Z4 RECOGNIZED EXPERTS L
The use of recognized experts, as a component of the monitoring team and arbitration committee, is
required to ensure compliance with scientific and engineering based mitigation measures. While the
mitigation monitoring teams recognized experts assess compliance with required mitigation measures, L.
responsible agency recognized experts consult with the arbitration committee regarding disputes.
2.5 ARBITRATION/DISPUTE RESOLUTION
If the mitigation monitor identifies a mitigation measure which, in the opinion of the monitor, has not been
implemented, or has not been implemented correctly, the problem will be brought for resolution before the
before the Director of Community and Economic Development for resolution. The decision of the Director of
Community and Economic Development is final, unless appealed to the Director or Planning Commission.
The Director of Community and Economic Development, acting through afinal vote of the City Council, will
have the authority to issue stop work orders until the dispute is resolved. In the case of situations involving I
potential risk of safety or other emergency conditions, the Director of Community and Economic
Development is empowered to issue temporary stop work orders until such time as Planning Commission or
City Council review of the particular stop work matter becomes final.
2.6 ENFORCEMENT
I
Public agencies may enforce conditions of approval through their existing police power, using stop work
orders, fines, infraction citations, loss or entitlement, refusal to issue building permits or certificates of use
and occupancy, or, in some cases, notice of violation for tax purposes. Criminal misdemeanor sanctions
could be available where the agency has adopted an ordinance requiring compliance with the monitoring
program, similarto the provision in many zoning ordinances which statethe enforcement powerto bring suit
against violators of the ordinance's provisions.
Additional enforcement provisions could include required posting of a bond or other acceptable security in
the amount of the required mitigation measures. In the event of non-compliance, the City could call the bond
and complete the required mitigation measures.
Pav 2-2 • The Plewnrng Center June 2007
3. Mitigation Monitoring Requirements
3.1 PRE -MITIGATION MEETING
A pre -monitoring meeting will be scheduled to review mitigation measures, implementation requirements,
schedule conformance, discuss mitigation monitoring team responsibilities, and resolve any
misunderstandings.
3-2 CATEGORIZED MITIGATION MEASURES/MATRIX
Project -specific mitigation measures and conditions of approval have been categorized in matrix format, as
shown in Table 3-1, As shown, the matrix identifies the environmental factor, specific mitigation measures,
schedule, and monitor. The mitigation matrix will serve as the basis for scheduling the implementation of,
and compliance with, all mitigation measures and conditions of approval.
3.3 IN -FIELD MONITORING
Project monitors and technical subconsultants shall exercise caution and professional practices at all times
when monitoring implementation of mitigation measures. Protective wear (hard hat/glasses) shall be worn at
all times in construction areas. Injuries shall be immediately reported to the mitigation program administrator.
3.4 COORDINATION WITH CONTRACTORS
The construction manager is responsible for coordination of contractors, and is responsible for contractor
completion of required mitigation measures.
315 LONG-TERM MONITORING
Long-term monitoring relating to several mitigation measures will be required, including fire safety
inspections. Post -construction fire inspections are conducted on a routine basis by the Palm Springs Fire
Department (PSFD).
City of Palm Springs General Plan Update EIR City of Palm Springs - Pvge 3-1
Mitigation Mouaaring Program
3. Mitigation Monitoring Requirements
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Page 3-2 • The Planning Center June 2007
3. Mitigation Monitoring Requirements
Table 3-1 Responsible for Method of
Timing Mitigation Measures I AlDnitering I Verification I Completion We
5.1 AESTHETICS .
]There are no mitigation measures in this section
5.2 AGRICULTURRLRESOURCES
iThere are no feasible mitigation measures in this section,
5.3 AIRQUALITY-_ - • - r. -
Prior to the 3-1 The City shall place a condition of approval on luture devote pment projects requiring the property Do padment of
Issuance of owner/developer to include on all grading plans a note that requires the construction contractor o implement Planning Services
grading permits the tollowing measures during grading operations. These measures shall also be discussed at the pregrade
and during conference:
pregrade Contractors within the City of Palm Springs shall use Tier 1 or higher construction equipment.
conference Construction contractors wilhin the CiNsholl maintain construction equipment engines by keeping
• them tuned according to manufacturers' standards.
• Contractors within the City of Palm Springs shall schedule construction operations to minimize traffic
congestion.
• Contractors within the City of Palm Springs shall develop a lfafffc plan to minimize traffic flour
interference Irom constmcton activities (the plan may include advance public notice of routing, use
otpublic transportation, and satellite parking areas wdh a shuiue service).
on -going 3-2 The City shall reduce vehicle emissions caused by traffic congestion by implementing transportation- Department of
systems -management techniques that include synchronized traffic signals. Public Works and
Engineering
Prior to issuance 3-3 The City of Palm Springs Department of Planning Services shall evaluate nev+ development proposals within Department of
of any grading the City for poten5al incompatibilities with regard to the Calilomia Air Resources Board's Air Qualltyand Land Planning Services
permits itseHandbook:pCommurdlyHeallhPerspecffm(April 2005), Now developmentthatisinconsistent V&the
recommended buffer distances shall only be approved Uall feasible mitigation measures have incorporated
into the project design to protect future sensitive receptors from harmful concentrations of air pollutants as a
result of proximity to existing air pollution sources.
BA BIOLOGICAL RESOURCES
(There are no mitigation measures in this section, I
Provide
Correspondence
Provide
Correspondence
Plan Check
The Planning Center- City of Palm Springs Gentrai Plan Update EIR Afitigatron Monitm-ing Progiam
Page 3-3 • Jane 2007 City of Palm Springs
3, Mitigation Monitoring kegaz cements
Table 3.1
Responsible for
Timing
Mitigation Measures
4 Monitoring
5.5 CULTURAL RESOURCES
Prior to approval of 5-1
The City shall establish standard conditions of approval and cnteda fur delermining which discretionary
Oepa tmenl of
first development
projects are [ikelyto contain significant archaeological materials to warrant further silo -specific investigation,
Planning Services
application
or archaeological assessment, intensive surface surveys, monitoring during grading andlor subsurface
testing as part of the project development process.
Prior to approval of 5-2
The City shall establish standard conditions of approval and criteria for determining which discretionary
Department of
first development
projects are likely to contain significant paleontological materials W warram further site -specific investigation,
Planning Services
application
or paleontological assessment, monitoring during grading andlorsuOsurface testing as part of the project
deveiopment process.
Prior to approval of 5-3
The Cily shall establish standard conditions of approval requiring that recovered specimens be prepared to a
0apartment of
fiirsIdevelopment
point of identilication and permanent preservation, including washing of sediments to recover small
Planning Services
application
invertebrates and vertebrates. Preparation and stabilizetion of all recovered fossils is essential in order to fully
mitigate adverse impacts to the resources.
Prior to individual 5.4
Upon receipt of an application for a project subject to CEQA and within the City's jurisdiction, the City or
Department of
project approvals
City's representative shall consult with the Agua Calienle Band of Cahuilla Indians to determine if the
Planning Services
proposed project is wilhin a culturally sensitive area to the Tribe. If substantial evidence demonstrates that
the site is within aculturally sensitive area, the project applicant shall retain City -certified archaeotogistto
prepare acultural resource assessment. The.findings of the cultural -resource assessment shall he
incorporated into the CEQA documentation, A copy of the report shall he forwarded to the Tribe. if mitigation
is recommended in the CEQA document, the procedure described in Mitigation Measure 5-5 shall be
followed.
Pnorto issuance 5-5
Prior to the issuance of grading permits for which the CfGAdocLima indefines cultural resource mitigation
Department of
of grading permits
for potentia[ tribal resources, the project applicant shall contact the designated Agua Caliente Band of
Planning Services
Cahuilla Indians tribal representative to nofify them of the grading, excavation, and monitoring program. The
applicant shall coordinate with the City and the tribal representative to negotiate an agreement that addresses
the designation, responsibilities, and participation of in be[ monitors during grading, excavation, and other
ground -disturbing activities; scheduling; terms of compensafian, and treatment and final disposition of any
cultural resources, sacred sites, and human remains discovered on the site. The Cily shall be the final arbiter
of the condtions Included in this Agreement.
Mefhod of
Verification Completion Date
Adopt standard
conditions of
approval
Adopt scan do rd
conditions of
approval
Adopt standard
conditions of
approval
Provide
correspondence
Provide
correspondence
The Planttixg CeviterCity afPalm Springs General Plan Update E12d Afitagalivn Afoxitarirrg Program
Page 3-4 • jvvne 2007 City of Patin Springs
-- --- -- -- --- - -- — F--'-- r-- r— r--- •---
3. Mitigation Monitoring Requirements
Table 3-1 Responsible for I Method of
Timing Mitigation Measures monitoring Verification Completion Date
5.6 GEOLOGYAND SOILS , . - _ ' - - . -
IThere are no mitigation measures in this section. f
5.7 HAZARDS AND HAZARDOUS MATERIALS :
IThem are no mitigation measures in this section.
5.8 HYDROLOGY AND WATER QUALITY ..
There are no mitigation measures in this section. i
5.9.LA14D USE All PLA14N114G-
)There are no mitigation measures In This section.
VU AIINERALRESOURCES'
There are no mifigalfon measures in this section. I
5.11 NOISE - -
Prior to indivrdual 11-1 Applicants for new noise -sensitive ornofse-genelating land use developments shall retain a acoustical 0epartmentof
project approvals
engineer to conductan acoustic analysis and identify, where appropriate, site design features (i.e. setbacks,
Public Works and
berms, or sound walls) andforrequired budding acoustical improvements (I.e, enclosure of the HVAC
Engineering
systems or loading ducks, sound transmission class (STC] rated windows. doors, and attic baffling), to
Department
ensure compliance wilt the City's Noise Compatibility Criteria and the California State Building Cade and
California Noise Insulaflon Standards (Title 24 and 25 of the California Code of Regulations), and/or the City
of Palm Springs Noise Ordinance. Balconies on multifamily Fes idenifat units are exempt from the City's noise
compatibility standards.
Prior Io approvai of 11.2
Future foadway widenings consistent with the General Plan Circulation Element shall incorporate appropriate
Deparlmentof
street
noise mitigation through the use of nolse walls, berming, double -paned windows. building upgrades, or other
Public Works and
improvement plans
feasible noise measures to maintain acceptable noise levels in accordance with the City of Palm Springs
Engineering
Noise Ordinance.
Department
Prior to individual 11.3
If new constructon that involves use of heavy construction equipment or pile driving (impact, sonic or
Department or
project approvals
vibratory) is located in close proximity to vibra€ion-sensitive fragile historic buildings, the acoustic analysis
Public Works and
conducted shall Include avibration analysis of structural Impact>to fragile historic buildings. The acoustic
Engineering
analysis, at minimum, shall provide recommendations on construction equipment mix and schedule to
Department
ellminale potential impacts in this regard.
Prior to incMdual 11-4
If new vibration -sensitive land uses are located in close proximity to the UPRR, the project applicant shall
Department of
project approvals
relain an acoustic of engineer to conduct an acoustic apalysfs that includes a vibration analysis for potential
Public Works and
Impacts from vihration generated by operation of the rail tine. If perceptible levels of vfbralfon are detected,
Engineering
Provide
Correspondence
Plan Check
Provide
Correspondence
Provide
Correspondence
The Planxing Center City of Papa Springs General Plan Update EIR rYfitigation iUonztos-ing Program
Page 3-5 • ]mie 2007 City of Palm' Springs
3, Mitigation Monitoring Repirements
Table 3-1
Responsible for Method of
Timing
lWitigatfon Measures
Monitoring Verification
the acoustic analysis shail recommendations site -design features, such as setbacks and trenches, and/or
Department
required building improvements, such as harder building materials [i.e. steel framing vs. wood framing), to
eliminate the potential for train operations to result in perceptible levels of vibration that cause human
annoyance.
Prior to approval of 11-5
Applicants for new no[se•sensi€ive land uses located within the 62 dBA CNEL noise contour of the Palm
Department of Provide
individual projects
Springs International Airport shall retain an acaushcs engineer to conduct an acoustic analysis and identify,
Planning Services Correspondence
where appropriate, building acoustical improvements, such as upgraded windows. doors, and attic baffling
to ensure compliancewiththe Californ[a Bulld[ng Code and California Noise Insulation Standards (Titles 24
and 25 of the California Code of Regulations CCR).
Prior to issuance 11-6
For any now single- or multifamily residential development within the Palm Springs lnlemalional Airport
Department of Provide
of certificate of
influence area, expect Compatibility Zane E, the applicant shall be required to install large airport -related
Planning Services Gorrespondence
occupancy
informational signs during the initial sales of properties within newly created subdivision that clearly depict
the proximity of the property to the airport and aircraft traffic patterns. The signs shall he maintained by the
developer and Installed in conspicuous locations.
Prturbaissuance 11-7
The applicant shall be required to provide an informational brochure to prospective buyers or renters for any
Department of Provide
of certificale of
new single- or mull! -family residential development within the Palm Springs International Airport influence
Planning Services Correspondence
occupancy
area (except Compatibility lone E) slrowing the location of aircraft flight patterns and describing the
frequency of overflights, the typical altitude of the aircraft, and the range of noise levels that can be expected
from individual aircraftoverliglits•
Prior to approval of 11.5
Applicants for new hehports proposed within the City of Palm Springs shall retaln an acoustical engineer to
Department of Submit Study
individual projects
conduct an acouslical analysis consistent with the recommendalions of the FAA Advisory Circular Number
Planning Services
150-502O-2. entitled "Noise Assessment Guidelines for New Helicopters" to compare the relative noise
contributions of the heliport within the community.
5.12. POPULATION AND HOUSIND
There are no mitigation measures In this section.
5.13_ PUBLIC SERVICES
Library Services
on -going 13-1
The City shall coordinate with the Palm Springs Public Library to identify available funding sources to fund
City Manager Provide
expanded or new library lactities necessary to serve existing and future residents associated from General
Correspondence
Plan implementation.
5,14 FIECREATIOf1
There
are no mitigation measures in this aectoa.
f
The Planuiag Cewev
Page 3-6 - June ?007
completion Date
City of Patin Springs General Plan Updwe EIR Mitigation Mcwitoring Progr•rarn
City of Palm Springs
-- - _ -- -- — - — - - -- --- ; — — — r— r— r--
3. Mitigation Monitoring Requirements
Table 3-T
Timing Alifligafion Measures
5.16 TRANSPORTPTION AND TRAFFIC .
On -going 15-1 The General Plan Circulation Elamefit and associated Proposed Circulation Master Plan (Figure 4-1 of the
General Plan), idenlifies those roadways that are planned to accommodate currentdevelopmentand future
grovr€h established by the Land Use Element. Roadvvays will be constructed as deve lopment occurs and as
funding becomes available. In addition to the roadways fdenGffed on the Proposed Circulation Master Plan,
the improvements identified In Table 5.15-8 will be necessary to maintain acceptable levels of service within
the anticipated theoretical bufldout identified in the General Plan.
On -going 15.2 The City shall pursue funding for local and regional transportaifon improvements through continued
participation in the Transportation Uniform Nitgation Fee (TUMF) Program.
Prior to approval of 15-3 The City shall require developers, prior to approval of development plans, to provide increased right of way
development plans through land dedications to accommodate additional demand for dual left -turn and exclusive right -turn lanes,
interchange improvements, bus stops and lanes, brkeways, or other improvements required to maintain a
minimum operating LDS D.
5.16 UTILITIES AND SERVICE SYSTEtAS
There are no mitigation measures in this section.
Responsible for
Method of f
Monitoring
Verification 1
Department of
Pian Check
Public Works and
Engineering
Depa rtment (if
Provide
Public Works and
correspondence
Engineering
Departmentof
Plan Check
Public Works and
Engineering
Completion Date
The Plrnaning Center City of Palm Springs General Plan Update EIR Mitigation iMonitoring Pi-ogrram
Page 3-7 • j ue 2007 City of Palm Springy
3. Mitigation Monitoring Regxrements
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The Planning Center City of Palm Springs Generztl Plan Update EIR Mitigation Mo2ituing Progaxt
Page 3-8 •Jane 2007 City of Palm Springs
4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program,
and dispute arbitration enforcement resolution. Specific reports include:
• Field Check Report
• Plan Check Conformance Reports
Implementation Compliance Report
• Arbitration/Enforcement Report
44 FIELD REPORTS
Field reports are required to record in -field compliance and conditions.
4.2 PLAN CHECK CONFORMANCE REPORTS
Plan check conformance reports are completed by the Community and Economic Development Department,
the Department of Public Works and the mitigation monitor to evaluate final engineering compliance with
mitigation measures outlined in the Final EIR.
4.3 IMPLEMENTATION COMPLIANCE REPORT (ICR)
The ICR is prepared to document the implementation of mitigation measures on a phased basis and is
shown in Table 3-1. The report summarizes implementation compliance including mitigation measures, date
completed, and monitor's signature.
4.4 ARBITRATION/ENFORCEMENT REPORT (AER)
The AER is prepared to document the outcome of arbitration committee review, and becomes a portion of
the implementation compliance report.
Ciry of Palm Springs General Plan Update ELR Cily of Palm Springs , Page 4-I
Mitigation Alonitoring Program
4. Mitigation Monitoring Reports
This page intentionally left blank.
Pe,we 4-2 • The Planning Center June 2007