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HomeMy WebLinkAboutCZ18-0002-PP 18-0003-TPM 37512 - The Wolf Company STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: November 15, 2018 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to approve a Change of Zone, a Precise Plan of design, and Tentative Parcel Map 37512 (TPM) to construct a senior living project of 164 units, including a clubhouse building, located at 74300 Country Club Drive; and adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) Recommendation 1. Waive further reading and pass to second reading City Council Ordinance No. 1343 , approving Change of Zone 18-0002 and; 2. Waive further reading and adopt City Council Resolution No. 2018-87 , approving a senior living project of 164 units, including a clubhouse building, and adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), subject to the conditions of approval. Planning Commission Action On September 18, 2018, the Planning Commission recommended approval of the project to the City Council with a 3-0 vote with Commissioners Greenwood and Gregory absent. The Commissioners supported the project and had a brief conversation with the applicant regarding operations, and approved the project. Architectural Review Commission Action On June 26, 2018, the Architectural Review Commission (ARC) granted preliminary approval of the project architecture and landscape plan with a 5-0-1-1 vote with Commissioner Vuksic abstaining and Commissioner Brewer absent. The ARC supported the architecture, building massing for the two (2) three-story buildings, and landscape design. The Commission stated that the design and materials were well thought out and requested that the applicant ensure the construction drawings match the proposed elevations. Executive Summary Approval of staff's recommendation will approve an active senior residential project consisting of 164 units mixed within two (2) three-story buildings connected by a 17,600-square-foot single- story clubhouse building, and twenty (20) single-story cottages. In order to accommodate the density, the applicant is requesting a change of zone from five (5) dwelling units per acre (du/acre) to twenty (20) du/acre. November 15, 2018—City Council Staff Report Case Nos. PP 18-0003, CZ 18-0002 and TPM 37512 Page 2of6 Background Analysis A. Property Description: The project is located on approximately 8.4 acres on the north side of Country Club Drive between Portola Avenue and Cook Street. The site consists of two (2) undeveloped parcels bounded by Desert Willow Golf Resort and Westin Desert Willow Villas on the north, ManorCare Health Services on the east, Desert Adventist Academy and a Coachella Valley Water District (CVWD) well site on the west. The project consists of two (2) parcels that will be merged into one (1) by the proposed tentative parcel map. Access to the project site will be provided through two (2) driveways along Country Club Drive. Interior driveways will connect all buildings within the project site. B. General Plan and Zoning: Zone: PR-5; Planned Residential-5 dwelling units per acre General Plan: E; Employment C. Adjacent Zoning and Land Use: North: PR-5; Planned Residential (Desert Willow Golf Resort and Westin Desert Willow Vista) South: PR-4; Planned Residential (Silver Sands Racquet Club) East: PR-5; Planned Residential (ManorCare Health Services) West: PR-5; Planned Residential (Desert Adventist Academy and a CVWD well site) Project Description The project consists of a precise plan of approval to construct 164 senior units and a clubhouse with a pool, a change of zone from five (5) to twenty (20) du/acre, and a tentative tract map to merge two (2) parcels into one (1). A. Site Plan: The 164 units will be developed within two (2) three-story buildings and twenty (20) cottage buildings. The site plan features the single-story cottages along Country Club Drive and along the main entry to create a soft massing before it transitions to the two (2)three-story residential buildings at the back (northern) end of the site. The single-story clubhouse will be located between the two (2) three-story buildings. The project will provide over 31,000 square feet of contiguous open space adjacent to the three-story buildings, and over 12,000 square feet of open space around the cottages. Access to the project site will be provided through two (2) driveways along Country Club Drive. Interior driveways will connect all buildings within the project site. G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC Staff Report.docx November 15, 2018 —City Council Staff Report Case Nos. PP 18-0003, CZ 18-0002 and TPM 37512 Page 3 of 6 B. Architecture/Building Design: The project architecture for both the single-story cottages and the two (2) three-story buildings features a contemporary desert theme with a composition of undulating elevation and roof plans with a strong projection of horizontal lines to help shade the buildings from the sun. The architectural style also incorporates flat parapet rooflines, angular shapes, architectural pop- outs, large eaves, recessed windows, warm neutral earth tone colors, and thick architectural elements. The buildings design with angular shapes, large architectural pop-outs, and recessed windows provide interest and movement throughout the buildings on all four sides. All equipment will be mounted on the roofs and will be completely screened by a mechanical enclosure. The roofline heights for the three-story buildings vary from 25 to 40 feet in height. The roofline heights for the clubhouse building and the twenty (20) cottages vary from 14 to 17 feet in height. The two (2) three-story buildings have three (3) different room types from studios to two (2)- bedroom units, while the cottages are all two (2) bedrooms. The quantity and square footages are as follows: Unit Type Quantity (164) Square-footages Studio/1 bath 9 475 1-bedroom/1-bath 84 606 - 644 2-bedroom/1-bath 9 816 2-bedroom/2-bath 42 911 — 1,140 Cottages 2-bedroom/ 20 1,340 2-bath C. Landscape: The landscaping design consists of a natural desert theme with native species requiring minimal water usage. The proposed landscaping plan consists of numerous 24-inch box trees (Mulga Acacia, Coolbah Eucalyptus, Australian Willow, and Chinese Evergreen Elm) and 15- gallon trees (Shoestring Acacia, Fan Tex Ash, and Swan Hill Olive) lining the perimeter of the property, and spread throughout the parking spaces. The main entry and area around the clubhouse and pool feature 24-inch date palm trees and a mixture of five-gallon shrubs. Analysis The project requires City Council approval because of the change of zone request. Otherwise, the project as designed complies with all development standards, including setbacks, parking, lot coverage, land use compatibility, and building height (three-stories). A. Land Use Compatibility: The land use designation is E (Employment) within the General Plan and zoned PR-5. The Employment District designation allows for multi-family land uses and does not indicate a G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC Staff Report.docx November 15, 2018 —City Council Staff Report Case Nos. PP 18-0003, CZ 18-0002 and TPM 37512 Page 4 of 6 minimum or maximum dwelling unit per acre. The PR zone encourages flexibility in development, creative and imaginative design, and the development involving a mixture of residential densities, uses, and community facilities, both public and private. It is also intended to provide the integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the City with assurances that the completed project will contain the character envisioned at the time of approval. Land uses within the surrounding area are compatible with the proposed use. Directly east of the site is the ManorCare Health Services, and further west of the site is a larger senior project (625 units)called Villa Portofino. Staff believes that the proposed project establishes a land use pattern that provides upscale housing for seniors, as well as open space and recreation uses. The high- quality architectural design, with the upscale amenities, is compatible within the PR zone. Furthermore, the project does not physically divide an existing community and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. B. Tentative Parcel Map 37512 and Change of Zone: A tentative parcel map has been submitted to merge two (2) existing parcels into one (1) 8.4-acre parcel. Also, the applicant is requesting a change of zone to allow for a higher density. The current zone allows for five (5) du/acre, and the proposed 164 units provide a density of 19.5 du/acre. The applicant is requesting a change of zone to twenty (20) du/acre, which will support the proposed development. Over the years, the City Council has rezoned numerous PR parcels from five (5) du/acre to twenty (20) and twenty-two (22) du/acre in the surrounding area. The request for the change of zone meets the intent of the PR zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties since the bulk of the development is located adjacent to Desert Willow Golf Resort and away from public views. The change of zone is necessary to carry out the vision of an upscale senior project. In addition, the City has an internal policy when an applicant requests a discretionary approval (such as a change of zone request) that the project must set aside twenty (20) percent of the units for affordable rents. An alternative to providing affordable, low-income, moderate-income or any other subsidized or inclusionary housing is paying an affordable housing in-lieu fee. In recommending either option, City staff will consider each option on a case-by case basis with the following factors: • Is the property located near schools? • Is the property located near jobs? • Where is the nearest bus line? • What are the surrounding land uses? G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC Staff Report.docx November 15, 2018 — City Council Staff Report Case Nos. PP 18-0003, CZ 18-0002 and TPM 37512 Page 5 of 6 Staff will consider the above noted criteria and determine whether or not the proposed project should provide the affordable units, or be required to pay the in-lieu fee. In this case, based on the property location not being located near a school, the adjacent land uses are similar in character and being located adjacent to Desert Willow, staff is recommending that the applicant pay the affordable housing in-lieu fee. In determining a fee amount, staff engaged with Keyser Marston Associates (KMA) who recommend a fee in the range of $18.00-$20.00/net rentable square foot. Based on KMA's recommendation, staff and the applicant negotiated and ultimately agreed on an Affordable Housing Fee of$9.86/net rentable square foot, totaling $1,350,000. Attached to this staff report is a letter dated July 9, 2018, from the applicant agreeing to the fee. C. Building Height: The PR zone allows for a total building height of 40 feet (three stories). The proposed project is at 40 feet to the tallest architectural element, which meets the PR standards. Since building height comes with sensitivity, the project architect and staff wanted to make sure that the two (2) three story buildings were not along Country Club Drive. The two (2) buildings are proposed at the rear of the property where the lands to the north are part of the Desert Willow Golf Resort, and the building heights will not negatively impact those areas. The property to the west (Desert Adventist Academy) and the property to the east are situated where the two (2) three-story buildings will not pose a negative threat to any view lines. The applicant included three (3) line of sight studies from all three (3) neighboring properties and staff does not believe that the adjacent properties will be impacted. The buildings at the maximum building height allow for more attractive architectural design and is in keeping with the PR zoning designation, which encourages innovative and unique developments. D. Parking: Section 25.46.040 Parking Requirements require one (1) parking space for the studio and one (1)-bedroom units, and two (2) parking spaces for the two (2) bedroom units.With the bedroom breakdown, the project requires 234 parking spaces, and the project is providing 182 parking spaces. The applicant and staff have found that a majority of 2-bedroom units for senior projects only use one (1) vehicle. Therefore, staff believes that the 182 total parking spaces will be a sufficient amount of parking for the project for its residents as well as guests. G\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC Staff Report.docx November 15, 2018 -City Council Staff Report Case Nos. PP 18-0003, CZ 18-0002 and TPM 37512 Page 6 of 6 Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has prepared a Mitigated Negative Declaration (MND of Environmental Impact). The MND is attached as part of this report and filing of the MND has occurred in accordance with CEQA Guidelines. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIE CITY MANAGER N/A lb. ,0-4119i >14414 Ryan Stendell Robert W. Hargreaves Director of Community net Moore Lauri Aylaian City Attorney Development Director of Finance City Manager APPLICANT: The Wolff Company 6710 E. Camelback Road, Suite 100 Scottsdale, Arizona 85251 ATTACHMENTS: 1. Draft Ordinance No. 1343 2. Draft Resolution No. 2018-87 3. Planning Commission Minutes dated September 18, 2018 4. Mitigated Negative Declaration 5. Legal Notice 6. Applicant's letter dated July 9, 2018, agreeing to pay the in-lieu fee 7. Exhibits Provided by the Applicant G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC Staff Report.docx ORDINANCE NO. 1343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE WOLFF COMPANY FOR A HIGHER DENSITY FROM FIVE DWELLING UNITS PER ACRE TO TWENTY DWELLING UNITS PER ACRE TO ACCOMMODATE A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING ON 8.4 ACRES LOCATED AT 74300 COUNTRY CLUB DRIVE CASE NO: CZ 18-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of September, 2018, hold a duly noticed public hearing to consider the request by the Wolff Company, LLC for approval of the above noted and adopted Planning Commission Resolution 2736 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of November, 2018, hold a duly noticed public hearing to consider the request by the Wolff Company, LLC for approval of the above noted Change of Zone application; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Mitigated Negative Declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The 8.4 acres is suitable for the change of zone and development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it is reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. ORDINANCE NO. 1343 2. The change of zone meets the intent of. the Planned Residential zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties as described within the staff report. 3. As proposed, the site layout and density are consistent with surrounding development. The current zone allows for five (5) du/acre, and the proposed 164 units provide a density of 19.5 du/acre. The applicant is requesting a change of zone to twenty (20) du/acre, which will support the proposed development. Over the years, the City Council has rezoned numerous PR parcels from five (5) du/acre to twenty (20) and twenty-two (22) du/acre in the surrounding area. 4. The design and layout of the 164 units comply with all grading requirements and the project will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Change of Zone 18-0002 as proposed. 3. That Change of Zone 18-0002, Exhibit "A" attached hereto, by Ordinance No. is hereby approved. 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC-Change of Zone Ord.doc ORDINANCE NO. 1343 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm . Desert, California, at its regular meeting held on the 15th day of November 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18-0003,CZ 18-0002,Wolff 164-Senior Project\CC-Change of Zone Ord.doc ORDINANCE NO. 1343 - Exhibit "A" 1 _. Jl= _ P.R.-5 _ . -- �, _ — r_, P.R.-5 t P.R..' $ i.1,10.* I \' . fr (.'''....,,,,,:\ P.R.-5 t ir�ri 1 1 '�5 ,..,,,,T,,..---isis , -.7--,1 i_I 1 _i, 1 ,. i _______1(--------- NI 7dL1STAHG P.R.-5 ---- AlaGE DR 1 YOH DR .1� i -.t �_. a, O.P. _ y)� r �— __ ` C a 7 P.R.-5 I `_'��°w 4 .44IL O.P. O.P. P.R.-5 ,\ I. P.R.-5 P.R.-5 --- COUNTRY CLUB DR ----- - `.__T_ 11� P I YERD!WAY •,' ❑ D A oProposed w a � , 1 'yam Is a , • ` 'r zoning a �n PAz us ' � .., i 22020086 �Lp u Change A 4 as cRvc�a �J-jJ--���� TUSCANY , LK �c� 1i 3 1 J r- 4 ---y rrY-; f 4 ',, 1�1I Y_� PACWICA I'-p \ ,R,-5, S.O. uH , _ � p 301--- ''� & WAYSCA \ To PR-20 City of Palm Desert Case No. 18-0002 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. EXHIBIT A Date: Nov 15, 2016 G:1PlanninglKevin Swartz WordWrecise Plans\PP 18-0003,CZ 16.0002,Won 164-Senior Project\CC-Change of Zone Ord.doc RESOLUTION NO. 2018-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING OF A CHANGE OF ZONE, A PRECISE PLAN OF DESIGN, AND A TENTATIVE PARCEL MAP (TPM) TO CONSTRUCT A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING LOCATED AT 74300 COUNTRY CLUB DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: PP 18-0003, CZ 18-0002, AND TPM 37512 WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of November 2018, hold a duly noticed public hearing to consider the request by The Wolff Company, for approval of the above-noted project request; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of September 2018, hold a duly noticed public hearing to consider the request by The Wolff Company, and recommended approval to the City Council of the above-noted project request; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 26th day of June 2018, hold a public hearing to consider the request by The Wolff Company, and recommended approval of the above-noted project request; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Mitigated Negative Declaration can be adopted; and WHEREAS, the proposed project conforms to the Subdivision Map Act; and WHEREAS, the project conforms with the Planned Residential (PR-20) zone and with the allowed 20 dwelling units per acre; and WHEREAS, the project establishes a land use pattern that provides upscale housing, as well as open space and recreation uses. The high-quality architectural design with the upscale amenities is compatible within the PR zone; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in staff report, exist to justify the approval of said request: RESOLUTION NO. 201887 FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The property is designated Employment (E) within the General Plan. The designation allows office, commercial, and multi-family with open space provided throughout the project as key gathering spaces. Buildings can be up to three stories. The proposed project falls within the intent of the purpose of the E designation by providing multi-senior housing with open space areas. A goal of the City is to provide a balanced range of housing types, densities that accommodate existing and future residents across all socioeconomic sectors of the community. The project complies with the General Plan and the density is consistent with the surrounding area and with the proposed change of zone of 20 dwelling units per acre (du/acre). There is no specific plan for the subject property. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the proposed subdivision have been reviewed by the Planning Department, Economic Development, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All existing perimeter streets are in conformance with the General Plan and minor road work to enlarge an existing median within Country Club Drive is needed. All internal project streets that serve Tentative Parcel Map 37512 conform to City standards and are consistent with adjoining residential developments. There are no specific plans for the property. 3. That the site is physically suitable for the type of development. The 8.4 acres is suitable for the development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in Environmental Assessment. 4. That the site is physically suitable for the proposed density of development. As proposed, the site layout and density are consistent with surrounding development. The property allows for five du/acre, and the project has a density of 19.5 du/acre. The applicant is requesting a change of zone to 20 du/acre, which will support the proposed development. Over the years, the City Council has rezoned numerous PR parcels from five du/acre to 20 and 22 du/acre in the surrounding area. 2 RESOLUTION NO. 2018p-87 The request for the change of zone meets the intent of the PR zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties since the bulk of the development is located adjacent to Desert Willow Golf Course and away from public views. The change of zone is necessary to carry out the vision of an upscale senior project. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injury to fish or wildlife or their habitat. For purposes of CEQA, a Mitigated Negative Declaration of Environmental Impact has been prepared. The design of the project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed with similar land uses and a golf course. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi-Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the 165 senior units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided along Country Club Drive, which decreases the need for vehicular traffic between adjoining properties. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The proposed project will construct a combination above and below ground water infiltration system for the project. The parcel map identifies the use of this area, and the applicant is responsible for the maintenance of the retention. Surrounding perimeter City streets are built-out to the General Plan designation and the developer will complete minor improvements along Country Club Drive. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve of the Change of Zone, Mitigated Negative Declaration of Environmental Impact, Precise Plan of design, and Tentative Parcel Map 37512 as proposed. 3 RESOLUTION NO. 2018t:-87 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of November 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 4 RESOLUTION NO. 2018-87 CONDITIONS OF APPROVAL CASE NOS: PP 18-0003, CZ 18-0002, and TPM 37512 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The applicant shall record Parcel Map 37512 within two (2) years of project approval. Construction of improvements, in accordance with the approved project, shall commence within two (2) years from the date of approval unless a time extension is granted; otherwise, said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 5. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 6. If the presence of cultural resources is identified in the cultural resources inventory, an approved Native Cultural Resource Monitor shall be on site during ground disturbing activities. 7. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the state Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance, all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. 5 RESOLUTION NO. 2018-87 9. The applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 10. The project shall have a density of 20 dwelling units per acre. 11. An alternative to providing affordable, low-income, moderate-income or any other subsidized or inclusionary housing, the developer will pay an Affordable Housing Fee of $9.86/net rentable square-foot totaling $1,350,000. The payment will be collected in phases per the applicants phasing plan approved by staff. 12. Lighting plans shall be submitted in accordance with Palm Desert Municipal Code (PDM.C) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 13. The findings in the CEQA Mitigated Negative Declaration of Environmental Assessment shall be incorporated into the planning, design, development, and operation of the project. 14. Final landscape plans shall be submitted to the City's Department of Community Development and the CVWD for review and approval. The landscape plan shall conform to the landscape palate contained in the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and trees shall be a minimum of 15- and 24-inch box sizes. DEPARTMENT OF PUBLIC WORKS: Prior to recordation of the parcel map: 15. The parcel map shall be submitted to the City Engineer for review and approval. 16. Easements for drainage, pedestrian, and public utility purposes shall be provided as needed on the final parcel map. 17. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 18. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of PDMC and Palm Desert Ordinance Number 653. 19. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the recordation of the tract map. 6 RESOLUTION NO. 2018-87 Prior to the issuance of a grading permit: 20. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 21. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 22. The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 23. The applicant shall submit a final Water Quality Management Plan (WQMP) for review and approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 24. The applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off-site improvements. Plans shall be submitted for review and approval prior to construction. Improvements shall include, but are not limited to: A. The construction of a new landscaped median on Country Club Drive. B. The extension of an existing median on Country Club Drive. C. The construction of driveways on Country Club Drive. 25. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 26. Project access will be limited to a left-turn in and a right-turn out of the project. BUILDING AND SAFETY DEPARTMENT: 27. This project shall comply with the latest adopted edition of the following codes. A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 28. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 7 RESOLUTION NO. 2018-8, 29. An accessible access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 30. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206) 31. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 32. All common use facilities, areas, amenities, etc. are required to comply with Chapter 11 B of the California Building Code. 33. Public pools and spas must be first approved by the Riverside County Department of Environmental Health and then submitted to Department of Building and Safety. Pools and Spas for public use are required to be accessible. 34. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 35. All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 36. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. FIRE DEPARTMENT: 37. Fire Department Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 38. The project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 8 RESOLUTION NO. 2018-87 39. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 40. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 9 MINUTES REGULAR PLANNING COMMISSION MEETING SEPTEMBER 18, 2018 Mr. Hargreaves interjected that there could be another motion. He explained the Commission could consider City staff's suggestion to push the resolution to the side and introduce a new motion that encapsulates a consensus of what they want the Council to consider. Such as, approve the Specific Plan as presented with an affordable housing component and specify parameters, including direction on the assisted living component. Commissioner Holt moved to, by Minute Motion, recommend that the City Council approve the Specific Plan, with an affordable housing component; and allow assisted facilities to be an allowable use on Parcel 3. The motion was seconded by Commissioner DeLuna and carried by a 3-0 vote (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council approving a Change of Zone, a Precise Plan of design, and a Tentative Parcel Map (TPM) to construct a senior living project of 164 units, including a clubhouse building located at 74-300 Country Club Drive; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case Nos. PP/CZ 18-0003 and TPM 37512 (The Wolff Company, Scottsdale, Arizona, Applicant). Commissioner Greenwood stated he was involved in the said project and recused himself. Mr. Swartz outlined the salient points from the staff report. He noted that the applicant would pay an affordable housing in-lieu fee of $9.86 totaling $1,350,000. Staff recommended approval and offered to answer any questions. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. DAVID TODD, The Wolff Company, Scottsdale, Arizona, stated they are excited about the proposed project and appreciated City staff's diligence in getting them to this point. They are also excited to develop in Palm Desert. Commissioner Holt understood the proposed project is for active adults. She asked if the proposed project would have elevators. MR. TODD replied yes. Commissioner DeLuna inquired if there are walking paths throughout the project. MR. TODD answered yes, stating they have an internal fitness facility, pool, spa, and pointed to the walking paths on the site plan. Commissioner DeLuna commented that there seems to be little turf to walk pets. 21 PRELIMINARY MINUTES REGULAR PLANNING COMMISSION MEETING SEPTEMBER 18, 2018 MR. TODD referred to the site plan and pointed to the green areas, noting the property's total size is 8.4 acres so the green areas are quite large. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner DeLuna commented that the developer has done an excellent job of addressing the needs of the community and putting in a project that is compatible with the surrounding uses. Chairman Pradetto and Commissioner Holt concurred. Chairman Pradetto moved to waive further reading andradopt Planning Commission Resolution No. 2736, recommending approval of Case Nos��;PP/GZ'18-0003 &TPM 37512 to the City Council, subject to the conditions of appipyaV The motion was seconded by Commissioner DeLuna and carried by a 3-0 vote (AYES:"DeLuna, Hol6and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). C. REQUEST FOR CONSIDERATION of approval for a 3,200-square-foot commercial cannabis cultivation facility ,for JW Brands LLC, located at 75-080 Saint Charles Place; and adoption of a Notice of!Exemption in accordance with the California Environmental ,iQuality Act (CEQA Case No. CUP 17-0028 (JW Brands, LLC, Palm Desert�'��Apii'licant). P,, Chairman Pradetto move to, by Minute Motion,'continue,Case No. CUP 17-0028, to a date uncertain. The motion was secondedby Commissionerii;Holt and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: Notie; ABSENT: Gregory) D. REQUESTREQUESf,FOR CONSIDERATION of approval for a 10,820-square-foot cannabis manufacturing and n distributio business for P&S Ventures, LLC, located at 77-700 Enfield Lane , ,,and ado tion' '':of,a ,;Notice of Exemption in accordance with the Calf ornia.Environmental Quality 'Act (CEQA). Case No. CUP 17-0030 (P&S Ventures, LLC, Venice, California, Applicant). Principal Planner Eric Ceja':'presented the staff report. He mentioned the applicant had originally proposed ;a:.5,000-square-foot facility. However, the applicant decided to lease the adjacent space, which increased their space to 10,820 square feet. At the end of his report, he offered to answer any questions. CommissionerDeLdna asked if it is correct that there will be no retail sales of cannabis and no customers coming and going. Mr. Ceja replied that is correct. Commissioner Holt asked where the St. Mary Magdalene Coptic Orthodox Church is located. Mr. Ceja displayed an aerial photo of the site and pointed to the church. 22 CITY OF PALM DESERT CEQA Environmental Checklist & Environmental Assessment Project Title: Revel Palm Desert Zone Change(CZ 18-0002) Tentative Parcel Map No. 37512 Precise Plan(PP 18-0003) Lead agency name and address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260 Contact persons and phone number: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 Project location: The north side of Country Club Drive between Portola Avenue and Cook Street. (APN #s: 620-430-025 and 620-430-046) Project sponsor's name and address: Wolff Enterprise II LLC Inc. 6710 East Camelback Roads, Suite 100 Scottsdale, AZ 85251 Zoning: General Plan Designation: Existing: Planned Residential (PR-5) Employment District Proposed: Planned Residential(PR-20) Description of project: (Describe the whole action involved,including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) The project is located on approximately 8.4 acres on the north side of Country Club Drive between Portola Avenue and Cook Street in the City of Palm Desert, Riverside County(Exhibit 1,2,and 3). The site is undeveloped land bounded by the Desert Willow Golf Course and Westin Desert Willow Villas on the north,ManorCare Health Services-Palm Desert on the east,Desert Adventist Academy and a Coachella Valley Water District(CVWD)well site on the west,and Country Club Drive on the south(Exhibit 4). The project proposes the development of 164 apartment units for senior living on the site. The northern portion of the site will consist of two(2)three-story buildings connected by a 17,600 square foot one-story clubhouse building(Exhibit 4 and 5). Twenty(20)one-story cottages will be built along Country Club Drive on the south half of the project site. Open space and a park will be provided in the northern and southern portions of the project in front of the buildings and cottages. The project site consists of Assessor's parcel numbers 620-430-025 and 620-430-046 and a Tentative Parcel Map will be required to merge these two parcels. The site is currently designated as Employment District on the City's General Plan Land Use Map, which allows multi-family residential land uses, as well as research and development, office and limited retail. The total number of dwelling units per acre(DU/AC)is not specified for this district in the General Plan. The City's Zoning Map currently designates the subject site as Planned Residential(PR-5),allowing 5 units per acre. The Applicant proposes a density of 20 units per acre;therefore,a Zone Change from PR-5 to PR-20 is required for the property to allow higher density residential development.The project also will require a Precise Plan for the site design,architecture and landscaping. Access to the project site will be provided through two driveways on Country Club Drive. Interior driveways will connect all buildings within the project site. The Project would also provide 118 parking spaces to accommodate the proposed residential use based on the requirements of the Senior Housing Overlay. -1- 7 The Project would also include a number of private and common open space areas on approximately 146,123 square feet of the project site. Open space would include walkways that would provide connectivity throughout the project site and an outdoor pool and recreation building. The Project requires the following applications: • A Zone Change from PR-5 to PR-20(CZ 18-0002); • A Tentative Parcel Map(37512);and • A Precise Plan(PP 18-0003). Utilities and Service Providers The following agencies and companies will provide service to the project site: 1. Sewer: Coachella Valley Water District(CVWD) 2. Water: Coachella Valley Water District(CVWD) 3. Electricity: Southern California Edison(SCE) 4. Gas: Southern California Gas Company 5. Telephone: Frontier 6. Storm Drain:City of Palm Desert Environmental Setting and Surrounding Land Uses The site is undeveloped,vacant,and contains sparse native vegetation. The topography of the project site is relatively flat. Land uses nearby and adjacent to the site include golf course development and single-family vacation villas to the north, institutional uses to the east,educational and utility uses to the west, and Country Club Drive and single-family residential units to the south(Exhibit 4 and 6). North: Desert Willow Golf Course,Westin Desert Willow Villas South: Country Club Drive,Residential development East: ManorCare Health Services-Palm Desert West: Desert Adventist Academy;CVWD well site Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.) None. -2- • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact"as indicated by the checklist on the following pages. Aesthetics Agriculture and Air Quality Forestry Resources Biological Resources X Cultural Resources Geology/Soils Greenhouse Gas Hazards& Hazardous Emissions Materials Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services Recreation Transportation/Traffic Tribal Cultural Utilities/Service Systems Resources Mandatory Findings of Significance -3- DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. YEA' 7- 9- ► 8 Kevin Swartz, Associate Planner Date City of Palm Desert -4- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.,the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level(mitigation measures from "Earlier Analyses," as described in(5) below, may be crossreferenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. -5- _., WOO CALIF°RNIA lkfit.. 41:6‘„ tt,..wir-Itoe PACIFIC 11642166, OCEAN 1064,16141111111111 41-1.111111, .. \ Milli MEXICO • -oxcart Hot SOrinpi �� y�1F � + � ipshue treek } !4r +47 Palm*till* 'U,. 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STH r S Potentially was 4. ��n Na ;., a 0:� i t Ii ict Wotill(thiPrO i WOO' , E ,110it Et'. a)Have a substantial adverse effect on a X scenic vista? b) Substantially damage scenic resources, including,but not limited to, trees,rock X outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its X surroundings? d)Create a new source of substantial light or glare, which would adversely affect day or X nighttime views in the area? Setting The project site is situated in the southwestern region of the Coachella Valley within the City of Palm Desert, which is surrounded by the San Bernardino, San Jacinto, and Santa Rosa Mountain Ranges. The San Bernardino, Santa Rosa, and San Jacinto Mountain Ranges have a significant rise over the valley floor with elevations of 11,489 feet (3,502 meters), 8,716 feet (2,657 m), and 10,834 feet (3,302 m), respectively. The Salton Sea, at an elevation of approximately 200 feet below sea level, is located in the southeast portion of the valley. The foothills of the Santa Rosa and Santa Jacinto Mountain Range can be seen to the west and southwest of the City. The closest extension of the range is approximately 2.83 miles southwest of the subject property. The foothills of the San Bernardino Mountains extend beyond the northern and eastern portions of the City, approximately 5.24 miles from the subject property. The Santa Rosa and Santa Jacinto Mountain Range and San Bernardino Mountain Ranges are of aesthetic value to the City. Therefore, the City enforces ordinances for the new developments to ensure that any new development in the City does not conflict with any scenic resource programs that may be in place and preserve aesthetic resources. Ultimate development of the subject site will result in the construction of senior living housing units of up to three stories height. The Aesthetic impacts of the project are discussed below. Discussion of Impacts a) Less Than Significant Impact. The subject property is located approximately 2.83 miles northeast of the Santa Rosa and Santa Jacinto Mountain Range and approximately 5.24 miles southwest of the San Bernardino Mountain Range, which are considered a scenic vista for much of the Coachella Valley(Exhibit 1,2,and 3). From the subject property, scenic views of the Santa Rosa and Santa Jacinto Mountain Range are to the south, southwest, west, and northwest. Limited views of the San Bernardino Mountain Range are to the north and northeast. As, the subject site is located in an urban area and surrounded by local streets and developed lands in all directions, views of the lower elevations of the mountain ranges are blocked by intervening development in all directions. However, middle and upper elevations of the mountains are visible above. -11- Lands immediately to the east and west are currently developed and occupied by the ManorCare Health Services, Palm Desert-Oasis SDA Church, and Desert Adventist Academy and Boehm Child Development Center (Boehm) buildings, which are both single story structures (Exhibit 4 and 6). These developments block foothill views of mountains to the east and west; however, upper elevations of the mountains are visible above. In the north and south, the site is bounded by Desert Willow Golf Course and Country Club Drive. To the north, golf course landscaping and the three- and four-story structures within the Westin resort complex block views of the San Bernardino foothills,but the middle and upper slopes are visible above at a distance. To the south, mature landscaping and single family units obstruct views of the Santa Rosa mountains. Project's Effect on Scenic Views: Currently, the subject property is undeveloped and is surrounded by residential and commercial buildings and roads to the north, east,west, and south. Structures on these properties are consistent with other urban development in the area in scale and height (Exhibit 6). Public views from Country Club Drive will be marginally affected, as the primary views are for west-bound traffic, and are directly west to the San Jacinto range. These views will be unaffected by the project as travelers move westerly on the roadway. Views to the northwest, which include the San Gorgonio range, will be partially blocked, but ridgelines should still be visible. For east-bound travelers, views of the San Bernardino range will be momentarily blocked to the immediate north, but would remain to the northwest and northeast. Overall impacts to public vistas will be less than significant. The development of the proposed project, which will consist of one and three story residential structures, would result in view blockage for viewers within existing projects to the east and west. Viewers to the north of the property, on the golf course, will experience limited changes in views, while viewers to the south of the property will experience similar views as currently occur along Country Club at developed properties. The project development primarily affects scenic mountain views as seen from properties east and west of the subject site. Building height on the subject site could extend up to 36 feet(Exhibit 7). The ultimate construction of residential buildings on the site would result in limited obstruction of views for viewers looking to the north from Country Club Drive, insofar as three story buildings would occur on the north half of the site, at a greater distance from the road, and would result in short-range view blockage. However, views of the mid-range and tops of the mountains to the northeast and northwest would remain. To better demonstrate the effects, visual simulations have been created by Visionscape Imagery for the site for three locations (View Point A, B, and C) (Exhibit 8), and are discussed below. View Point A: This view point is considered west of the subject site in Palm Desert-Oasis SDA Church's parking lot (Exhibit 8A). Currently, visitors have distant views of the San Bernardino Mountain Range to the northeast. The inclusion of the three story buildings on the northern portion of the site would block views to the northeast from the east side of the church property. Under current conditions, views to the northeast offer limited visibility of the mountains, due primarily to distance and topography. With the construction of the proposed project, these views will no longer occur. However, views directly to the north,which provide more direct visibility of the San Bernardino range, and views to the west and southwest which provide views of the San Jacinto and Santa Rosa ranges, will not be affected by the proposed project, and will remain. Therefore, impacts associated with the loss of views to the northeast will not represent a loss of significant viewsheds, and impacts will be less than significant. -12- View Point B: This view point is considered north of the subject site in the Desert Willow Golf Course (Exhibit 8B). Currently, visitors have distant view of the Santa Rosa Mountains to the south. The inclusion of the three story buildings on the site would result in limited obstruction of views for viewers looking to the south from the golf course, insofar as three stories would result in short-range view blockage of the lower slopes. However, views of the mid-range and tops of the mountains to the south would remain. Impacts to views to the south from the golf course would be less than significant. View Point C:This view point is considered east of the subject site in ManorCare Health Services' parking lot(Exhibit 8C).Currently,visitors have distant views of the Santa Rosa and Santa Jacinto Mountain Range to the west. The inclusion of the three story buildings on the northern portion of the site would block that view for residents and visitors in the northwestern portion of the complex. Views to the northwest,north and southwest would remain as they currently occur.The ManorCare complex is a temporary residence for patients transitioning from hospital care, and is not a permanent residence for most patients. The loss of westerly views, therefore, would not affect permanent residents, and would be limited to those rooms occurring along the north half of the west building. As a result, impacts to scenic vistas would be less than significant. The architectural design plan proposes residential building heights of up to 36 (three-stories) on the subject site (Exhibit 7). The proposed project will include full site improvements, including landscaping and architecturally treated buildings to enhance the site's appearance (Exhibit 5 and 7). Setbacks between the units and through project driveways will allow view corridors to the north from Country Club Drive. Build-out of the proposed project would result in limited new obstruction to surrounding views. For viewers to the north and south,there will be some impact from the proposed project on short- range views; however, impacts to views of scenic vistas from surrounding properties will be less than significant. b) Less Than Significant Impact. The property is not located along a state scenic highway. There are no significant trees, rock outcroppings or other significant aesthetic resources on the subject property. The project site is located north of Country Club Drive which is designated as a Local Scenic Roadway in the City's General Plan EIR, requiring special landscaping and setbacks (Exhibit 9, 10 and 11). To preserve the aesthetic quality of these roadways, buildings proposed for the site will be required to be constructed in accordance with Palm Desert Municipal Code Section 25.28.080. These standard requirements will assure that impacts to the Local Scenic Roadway will be less than significant. c) Less Than Significant Impact.The project site is currently vacant and undeveloped. The ultimate development of the site will result in the construction of three-story senior living housing units. The proposed buildings are expected to be consistent with the style of development in the area. The site is located in an urban environment. Residential buildings to the north of the subject property have maximum heights of about 40 feet. The buildings to the west and east of the site are single story in height, but a mix of single and two story development occurs in this area of Country Club Drive. For the proposed development, structure heights of up to 36 feet would be somewhat less than the building heights currently occurring to the north, and higher than the building heights to the immediate east, west and south. -13- The visual character of Country Club Drive is similar to that proposed for the project, being dominated by residential development immediately north and south of the site. The existing buildings are a mix of one and two story commercial and residential structures, with buildings up to 40 feet in height(i.e. Desert Willow Golf Course Residential Villas)to the north. The proposed project will consist of two (2) three-story buildings and twenty (20) one-story cottages. Three- story buildings will be built in the northern portion of the site. Twenty (20) one-story cottages will be built along the Country Club Drive on the project site. The mass of the project has been reduced with the inclusion of single story cottages on the southern half of the site, and the single story community recreation area separating the three-story residential buildings. This reduction in mass will help to integrate the project into the visual environment of the area. Therefore,the project will not significantly increase the mass of the structures along Country Club Drive. The inclusion of view corridors, variations in building massing and high quality architectural treatment to the structures will improve the visual character of the site along Country Club Drive. The impacts associated with visual character are expected to be less than significant. d) Less Than Significant Impact. The site is currently vacant and there is no lighting onsite. The ultimate development of senior living housing units on the site can be expected to generate increased levels of light and glare from interior and exterior building lighting, safety and security lighting, landscape lighting, and vehicles accessing the site. Glare can also be expected from building windows. However, lighting and glare levels are not expected to exceed typical levels within the surrounding urban environment and will be regulated by the City's lighting standards. The project will be designed according to the City's Zoning Ordinance and will properly shield light fixtures to minimize spillage onto adjacent properties. Zoning Ordinance design standards will be incorporated to assure that project light and glare impacts will be less than significant. Mitigation Measures: None. Monitoring: None. 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AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources.including timberland,are significant environmental effects.lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land including the Forest and Range Assessment Project and the Forest Legacy Assessment project;and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Potentially Less Than Less Than No Would the project: Significant Significant with Significant Impact Mitigation Impact Impact a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland X Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b)Conflict with existing zoning for agricultural use,or a Williamson Act X contract? c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland(as defined by Public Resources X Code section 4526),or timberland zoned Timberland Production (as defined by Government Code section 5 l 104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which,due to their location or nature, could result in conversion of X Farmland, to non-agricultural use or conversion of forest land to non-forest use? Setting The project site is located in an area of the City designated Employment District on the General Plan land use map. The site is undeveloped and there are no active agricultural or forest lands within the vicinity of the project. The ultimate development of the site will have no impact on Agricultural or Forestry Resources, as described below. Discussion of Impacts a-e) No Impact. According to the Riverside County Important Farmland map (2010), the area is considered "Other Land" and is not suitable for livestock grazing, confined livestock, or poultry. The site is not designated as Prime Farmland,Unique Farmland,or Farmland of Statewide or Local Importance by the California Department of Conservation. In addition, the site is surrounded by lands which are urbanized, and not in agricultural use. -24- The proposed development will not conflict with zoning for agricultural uses or a Williamson Act contracts because it is located in an urban core. It will not result in other changes that could result in the conversion of farmland to non-agricultural uses. There will be no impact to agricultural resources as a result of the proposed project. The project site is not located in an area of forest land, and will not result in the conversion of forest land, because the site is located in the urban center of the City. There will be no impact to forestry resources as a result of the proposed project. Mitigation Measures: None. Monitoring: None. Source: City of Palm Desert General Plan,2016:'`Riverside County Important Farmland 2010 Map,"sheet 2 of 3,California Department of Conservation,published January 2012. -25- III. AIR QUALITY Where available,the significance criteria established by the applicable air quality Potentially Less Than Less Than No management or air pollution control Significant Significant with Significant Impact district may be relied upon to make the Impact Mitigation Impact following determinations. Would the project: a)Conflict with or obstruct implementation X of the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or X projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality X standard(including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e)Create objectionable odors affecting a substantial number of people? Setting The Coachella Valley, including the project site, is located in the Salton Sea Air Basin (SSAB), which is under the jurisdiction of the South Coast Air Quality Management District(SCAQMD). All development within the SSAB is subject to SCAQMD's 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PMio State Implementation Plan (2003 CV PMio SIP). The SCAQMD operates and maintains regional air quality monitoring stations at numerous locations throughout its jurisdiction. The project site is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio, as well as a newly opened station in the unincorporated community of Thermal. Criteria air pollutants are contaminants for which state and federal air quality standards have been established. The Salton Sea Air Basin exceeds state and federal standards for fugitive dust (PM10) and ozone (03), and is in attainment/unclassified for PM2.c. Ambient air quality in the SSAB, including the project site, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide,or Vinyl Chloride. Build out of the proposed project will result in site disturbance during construction,and long-term impacts associated with operation of the project, as discussed further below. -26- Discussion of Impacts a) No Impact.The subject site is located within the Salton Sea Air Basin(SSAB)and will be subject to SCAQMD's 2016 Air Quality Management Plan(2016 AQMP)and the 2003 Coachella Valley PMio State Implementation Plan (2003 CV PM10 SIP). The AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The proposed project will marginally increase the density of the residential development in the City with the Zone Change. However,improvements in technology and reductions in emissions associated with improved building standards associated with the 2016 Building Code will improve project related air quality by imposing stringent standards for the reduction of energy use. The proposed project will be subject to rules and guidelines set forth in the AQMP. Therefore, the proposed project is consistent with the intent of the AQMP and will not conflict with or obstruct implementation of the applicable air quality plan. No impact is anticipated. b) Less Than Significant Impact.The California Emissions Estimator Model (CalEEMod)Version 2016.3.1 was used to project air quality emissions that will be generated by the proposed project (Appendix A). Criteria air pollutants will be released during both the construction and operation phases of the proposed project, as shown in Tables 1 and 2. Table 1 summarizes short-term construction-related emissions, and Table 2 summarizes ongoing emissions generated during operation. Construction Emissions: The construction period includes all other aspects of project development, including site preparation, grading, hauling, paving, building construction, and application of architectural coatings. For analysis purposes. it is assumed that construction will occur over 14 months period (from early-2019 to early-2020). As shown in Table 1, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant. The data reflect average daily unmitigated emissions over the one-year construction period, including summer and winter weather conditions. The analysis assumes that no material/soils will be imported/exported to the site during grading. Applicable standard requirements and best management practices include, but are not limited to, the implementation of a dust control and management plan in conformance with SCQAMD Rule 403, proper maintenance and limited idling of heavy equipment, phasing application of architectural coatings and the use of low-polluting architectural paint and coatings.Construction related impacts are considered less than significant. Table 1 Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions' CO NO, ROG SO2 ' PMto PM2.5 Daily Maximum 44.03 55.80 27.83 0.09 11.47 6.59 SCAQMD Thresholds 550.00 _ 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No Average of winter and summer emissions. Includes implementation of fugitive dust control measures and architectural coating standards required by SCAQMD under Rule 403 and Rule 1 1 13.respectively. Emission Source:CalEEMod model version 2016.3.1. -27- Operational Emissions: Operational emissions are ongoing emissions that will occur over the life of the project. They include area source emissions, emissions from energy demand (electricity), and mobile source (vehicle) emissions. The project site is undeveloped. Traffic generation trip rates were derived from ITE Trip Generation Manual, 8th edition and Palm Desert General Plan through desktop analysis for the development of 164 senior living housing units. For this project, the "Elderly Housing -Attached 252" land use category was used to calculate the daily trip rates. Table 2 provides a summary of projected emissions during operation of the proposed project. Table 2 Maximum Daily Operational-Related Emissions Summary (pounds per day) Operational Emissions' CO NO: ROG SO2 PMto PMas Daily Maximum 107.74 8.46 48.05 0.25 2.95 0.85 SCAQMD Thresholds 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds? No No No No No No ' Average of winter and summer emissions. Includes implementation of fugitive dust control measures and architectural coating standards required by SCAQMI)under Rule 403 and Rule 1113.respectively. Emission Source:CalEEMod model.version 2016.3.1. As Table 2 shows, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants. Impacts related to operation will be less than significant. c) Less Than Significant Impact.As stated above,the subject area is located in the Coachella Valley portion of the Salton Sea Air Basin, which is classified as a "non-attainment" area for PM10 and ozone. The 2003 Coachella Valley PMio State Implementation Plan was adopted in order to achieve attainment. This Plan established strict standards for dust management for development proposals. The proposed project will contribute to an incremental increase in regional PM!o and ozone emissions, but will be required to implement SIP requirements and SCAQMD rules and regulations for the management of dust, and will not exceed SCAQMD thresholds. Due to its limited size and scope, and the implementation of standard requirements, including dust management plans, overall cumulative impacts are not expected to exceed SCAQMD thresholds for PM i o or ozone precursors (NOx and CO). The project will not conflict with any attainment plans and will result in less than significant impacts. d) Less Than Significant Impact. The nearest sensitive receptors are school children immediately west, and the residents of the ManorCare facility to the east, both of which occur within approximately 50 feet of the proposed project. In order to determine if the proposed project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used. The City of Palm Desert and the subject site are located within Source Receptor Area 30 (Coachella Valley). Given the project size and proximity to sensitive receptors, the most conservative 5-acre site tables at 25-meters were used for air quality analysis. Tables 3 show on-site emissions concentrations for project construction and operational phases and the associated LST. Tables 3 and 4 show that the LSTs will not be exceeded under unmitigated conditions for all criteria pollutants for both construction and operational phases. For this reason, impacts to nearby sensitive receptors during construction and operations will be less than significant. -28- Table 2 Localized Significance Thresholds Worse-Case Emissions (pounds per day) CO NOx ' PMto PMsa Construction 44.03 55.80 2.95 0.85 LST Threshold 2,292 304 14 8 Exceed? No No No No Operation' 107.74 8.46 2.95 0.85 LST Threshold 2,292 304 4 2 Exceed? No No No No Emission Source:CalEEMod model.version 2016.3.1 LST Threshold Source:LST Mass Rate Look-up Table.SCAQMD. 1. Operational emissions that effect sensitive receptors are limited to on-site area emissions. Energy and mobile emissions occur off site. e) Less Than Significant Impact. The proposed project will be developed with residential land uses and is not expected to generate objectionable odors during any phase of construction or at project buildout. Short term odors associated with paving and construction activities could be generated; however, any such odors would be quickly dispersed below detectable levels as distance from the construction site increases. At buildout, senior living housing units will generate typical odors, including cooking odor, but will not generate objectionable odors. Therefore, impacts from objectionable odors are expected to be less than significant. Mitigation Measures: None. Monitoring: None. Source: City of Palm Desert General Plan, 2016;"Final 2016 Air Quality Management Plan,"prepared by South Coast Air Quality Management District, March 2017; "Final Localized Significance Threshold Methodology," prepared by the South Coast Air Quality Management District,Revised,July 2008;"2003 Coachella Valley PMKo State Implementation Plan."August 1,2003;CalEEMod Version 2016.3.1;Project materials. 29- IV. BIOLOGICAL RESOURCES Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project: Impact Mitigation Impact a) Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive, or special status species in local or regional X plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional x plans, policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to,marsh, vernal X pool,coastal, etc.)through direct removal, filling, hydrological interruption,or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native x resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other X approved local, regional,or state habitat conservation plan? Setting The Coachella Valley is located within the Sonoran Desert, a subdivision of the Colorado Desert, which contains a wide range of biological resources that are highly specialized and endemic to the region. The central portion of the valley,in which the project area is located,is predominantly composed of sand dunes and fields that are divided into three sub-communities: active sand dunes,active sand fields,and stabilized and partially stabilized desert sand fields. -30- Active sand dunes are located in exposed areas on the valley floor where high wind conditions convey sand and persistently shift the sand dunes, allowing for little or no vegetation to be supported there. Urban development within the central portion of the valley (e.g. Union Pacific Railroad lines, Interstate 10 and associated windbreaks, upwind development, and the construction of roads) has cut off many areas from fresh sources of sand to form stabilized and partially stabilized sand fields. Stabilized and partially stabilized sand fields are areas on the valley floor with an accumulation of sand that is not in dune formation, where important physical processes are interrupted by barriers such as roads, buildings, and landscaping. The City of Palm Desert contains a wide range of significant biological resources, many of which are species of plants and animals that are highly specialized and endemic to the Valley. Ten(1 fl)special-status plant species (Chaparral Sand-Verbena, Coachella Valley Milk-Vetch, California Ayenia, Abrams' Spurge, California Marina, Spearl ea f,Deep Canyon Snapdragon, Desert Spike-Moss, Coves'Cassia, and Purple Stemodia) and fifteen (15) special-status wildlife species (Desert Pupfish. Desert Slender Salamander, Red-Diamond Rattlesnake, Desert Tortoise, Flat-Tailed Horned Lizard, Coachella Valley Fringe-Toed Lizard, Burrowing Owl, Golden Eagle, Loggerhead Shrike, Pallid San Diego Pocket Mouse, Western Yellow Bat, Peninsular Big-Horned Sheep, Mule Deer, Palm Springs Pocket Mouse, and Palm Springs Round-Tailed Ground Squirrel) are known to occur in the City. Due to the loss of viable habitat some of these species have been listed as threatened or endangered by the federal and state governments. The City is within the boundaries of Coachella Valley Multiple Species Conservation Plan (CVMSHCP) and subject to the provisions of the CVMSHCP (Recirculated Final Coachella Valley Multiple Species Habitat Conservation Plan; Figure 8-3). The CVMSHCP is a comprehensive regional plan that balances growth in the Coachella Valley with the requirements of federal and State endangered species laws. The project site is not located within or adjacent to a Conservation Area. Ultimate development of the site will result in site disturbance and is discussed below. Discussion of Impacts a) Less Than Significant Impact with Mitigation Incorporated.The project site is currently vacant and undeveloped and is sparsely covered by native plant species. such as plants associated with Sonoran Creosote Bush Scrub. There are no special status species identified on the property. The surface soil on the subject site is predominantly Myoma fine sand: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which consists of soft sediments(Appendix C). Should native protected species occur on the project site,the City is a signatory to the CVMSHCP,which permits the taking of special status species, with payment of a fee which is used to purchase and manage a reserve system for native species. The project will be required to pay the Development Mitigation Fee. This standard requirement will assure that impacts to sensitive species remain less than significant. Although sparsely vegetated, the property is in its natural state, and contains scattered trees and bushes that may provide nesting opportunities for birds covered under the Migratory Bird Treaty Act (MBTA). To avoid potential impacts to nesting migratory birds, a pre-construction survey would be required to assess impacts to nesting birds covered by the MBTA. With implementation of the mitigation measure below, impacts to special status species will be reduced to less than significant levels. -31- b, c) No Impact. The project site does not contain any streams, riparian habitat, marshes, protected wetlands,vernal pools or sensitive natural communities protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. No project-related impacts will occur. d) No Impact. The subject property is located in an urban area and surrounded by roadways and residential and institutional developments. Due to surrounding human activity for many decades, the site does not contain features that are suitable for a migratory wildlife corridor. No project- related impacts will occur. e, f} Less Than Significant Impact. The subject property is located within the boundaries of the CVMSHCP; therefore, is subject to payment of the Development Mitigation Fee, which will mitigate potential impacts to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area, so no additional mitigation measures or provisions are required. The project will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. Impacts are expected to be less than significant. Mitigation Measures: BIO. Prior to and within 30 days of the issuance of any permit to allow ground disturbance on the site between January and August. a pre-construction survey for MBTA covered birds shall be completed by a qualified biologist. Should nests be identified, the biologist shall recommend remediation methods necessary to protect the nests until the birds have fledged. This mitigation measure shall not apply if ground disturbance occurs outside the nesting period above. Monitoring: BIO.A The project biologist shall provide the City with a written report of findings prior to the issuance of any ground disturbing permit on the site. Responsible Parties: Project biologist, Building Department Source:City of Palm Desert General Plan,2016; Final Recirculated Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan prepared by CVAG in 2007. -32- V. CULTURAL RESOURCES Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project: Impact Mitigation Impact a)Cause a substantial adverse change in the significance of a historical resource as defined in§ X 15064.5? b)Cause a substantial adverse change in the significance of an archaeological resource pursuant X to § 15064.5? c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic X feature? d)Disturb any human remains, including those x interred outside of formal cemeteries? Setting The City of Palm Desert is located in the Coachella Valley where the Cahuilla Indians are the first known human inhabitants. They were a Takic-speaking people consisting of hunters and gatherers who are generally divided into three groups based on their geographic setting: the Pass Cahuilla of the Beaumont/Banning area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains; and the Desert Cahuilla from the Coachella Valley, as far south as the Salton Sea. At the beginning of the historic period, the City of Palm Desert fell within the vast lands of the Cahuilla Indian tribe. The Cahuilla Tribe typically lived in camps of between 75 and 100 individuals,preferentially located along the lower edges of alluvial fans near permanent sources of water. One such camp was the Palm Oasis at modern day Thousand Palms, north of and adjacent to the City's boundaries. The camps characteristically contained community houses and sweat lodges, with houses being semi-excavated and having heavy and flat roofs supported by large cottonwood poles. In the 1930s, the City of Palm Desert was a cluster of a few homes located on the north side of Highway 111. After World War II, a group of businessmen (four brothers — Clifford, Randall, Phil, and Carl Henderson)came to the region between Indian Wells and Rancho Mirage. Instead of desert and scrubland, they visualized"fine homes and swimming pools, schools, churches, and culture that would draw visitors and families from far and wide," and in 1945 they formed the Palm Desert Corporation. In 1946, they started constructing streets and commercial buildings which later became known as Palm Desert. The ultimate development of the site could result ground excavation and disturbance that could affect resources, and is discussed below. Discussion of Impacts a) No Impact. CRM TECH prepared a "Historical/Archaeological Resources Survey" for the proposed project area in May 1,2018(Appendix B).The survey included a comprehensive records search, historical research,consultation with Native American representatives, and an on-site field survey, and discussed below. -33- Eastern Information Center(EIC) Records Search According to the EIC records, the subject property was included in an old study (Carver Project's Cultural Resource Assessment) which was conducted in 1993, which consisted of approximately 500 acres in Section 4, T5S R6E (within the City of Palm Desert). Based on the results of that study, the remains of fifteen (15) buildings, constructed between 1952 and 1960, were reported within the property. One of those buildings was located within the proposed project boundaries. However, none of the buildings were formally recorded because they were less than 45 years old at the time. No other features or artifacts of historical or prehistoric (i.e. Native American) origin have been identified within the project area. EIC records also show nine other previous studies on various tracts of land and linear features outside the project boundaries but within a one-mile radius of the subject site. Historical Background Research Based on historical data sources, the earliest settlement and development activities in the area occurred in the post-World War II era. No man-made features of any kind were known to be present within a one-mile radius of the project area till 1941. In 1972, a majority of the surrounding area was still largely undeveloped. However, the Palm Desert Greens Golf Course and the accompanying residential neighborhood (west of present-day Portola Avenue) were under construction. The two buildings in the project area remained extant but had apparently been abandoned like the other 1950s"jackrabbit homesteads"nearby. By 1996, most of the adjacent properties (i.e. church building to the west, the office building to the east, and the residential neighborhood and the Marriott resort to the south across Country Club Drive) had been developed. Field Survey Results During the field survey of the subject site, no potential cultural resources, buildings, structures, objects, sites, features, or artifacts more than 50 years of age were observed on-site. Scattered modern refuse (e.g. fragments of concrete, asphalt, lumber, and PVC pipes) was observed on the site, however, none of these qualify as a historical and archaeological resource as defined in § 15064. As discussed above, the site does not contain any significant historic resources as defined in § 15064, therefore, no impact is anticipated. b) Less Than Significant Impact with Mitigation Incorporated. The on-site survey identified no archaeological resources on the subject property. However, the State Native American Heritage Commission (NAHC) and associated tribes of the Coachella Valley were contacted to assure the security of the tribes and their archaeological resources pursuant to § 15064.5. Native American Consultation The State Native American Heritage Commission (NAHC) was contacted on March 19, 2018 to request a record search in the Commission's sacred lands file. NAHC recommended contacting local tribes regarding potential Native American Cultural resources on-site, although no native American cultural resources were reported within the site. Sixteen tribal representatives in the region were contacted in writing between March and April 2018.Only five representatives(Bobby Ray Esparza from the Cahuilla Band of Indians, Judy Stapp from the Cabazon Band of Mission -34- Indians, Katie Croft from the Tribal Historic Preservation Office for the Agua Caliente Band of Cahuilla Indians(ACBCI THPO), Amanda Vance from the Augustine Band of Cahuilla Indians, and Sarah Bliss from the Twenty-nine Palms Band of Mission Indians) responded. All these representatives except the ACBCI stated that they do not have knowledge of any cultural resources within or near the project area and the site is outside their traditional use lands. The ACBCI and the Twenty-Nine Palms have requested a copy of the completed cultural resource survey. Only the Augustine Band of Cahuilla Indians have particularly requested the Applicant have a monitor, qualified in Native American cultural resources identification during the pre-construction and construction phase of the project. The project site does not contain any archaeological resources pursuant to § 15064.5, however, impacts to archaeological resources could occur if they are uncovered during site grading. In order to assure that impacts are reduced to less than significant levels, a mitigation measure is included below. c) No Impact. The subject site is not known to contain unique paleontological features. Also, there are no unique geological features (river, lake, hills, faults, and folds etc.) located on-site that can directly or indirectly be destroyed. The surface soils consist of light brown, fine-to-coarse alluvial sands mixed with small rocks. Recent deposits are not conducive to the location of paleontological resources. The proposed project will result in the development of one and three story senior living housing buildings, which will not require deep excavation. The proposed project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Therefore, no project-related impacts are anticipated. d) No Impact. No cemeteries or human remains are known to occur on-site. It is unlikely that human remains will be uncovered during project development. Should remains be uncovered during grading of the site, California law requires that all activity stop, that the coroner be notified, and that he or she determine the nature of the remains,and whether Native American consultation will be required. This requirement of law assures that there will be no impact to cemeteries or human remains. Mitigation Measures: CUL.1. A qualified Tribal monitor shall be on site during pre-construction and construction phases of the project including all earth moving activities(i.e. including grubbing, grading,trenching and excavation). The monitor shall be empowered to stop and redirect activities, should a resource be identified. The monitor shall identify the resource, and determine whether further investigation is required,or whether earth moving can resume. Any identified resource shall be professionally treated and curated, and included in a post-monitoring report provided to the City and associated tribes including the Augustine Band of Cahuilla Indians. Monitoring: CUL.A. The project archaeologist and/or Tribal monitor shall prepare a report documenting monitory activities. The monitoring report shall be submitted to the City within 30 days of completion of grading activities. Responsible parties: Project proponent, project archaeologist, Planning Department. Source: Palm Desert General Plan,2016;"Historical/Archaeological Resources Survey,"prepared by CRM TECH in May 1, 2018. -35- 1 VI. GEOLOGY AND SOILS Potentially Less Than Less Than Significant Significant with Significant NO Would the project: Impact Mitigation Impact Impact a) Expose people or structures to potential substantial adverse effects, including the risk X of loss, injury,or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? X iii)Seismic related ground failure, including X liquefaction? iv)Landslides? X b) Result in substantial soil erosion or the X loss of topsoil? c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,and potentially result in X on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code X (1994), creating substantial risks to life or property? e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Setting Regional Geologic Setting The Coachella Valley is located in the northwestern portion of the Salton Trough, a tectonic depression roughly 130 miles long and 70 miles wide that extends from the San Gorgonio Pass to the Gulf of Mexico (United State Geological Survey, USGS).The valley is bounded by the San Bernardino Mountains on the northwest, San Jacinto Mountains on the west, Santa Rosa Mountains on the south, and Little San Bernardino Mountains and Indio Hills on the northeast. The Salton Sea is located to the southeast. The valley's geologic composition is directly related to its proximity to the San Andreas Fault, which passes through the northeasterly portion of the valley, and other active faults. The region is susceptible to a range of geologic hazards, including ground rupture, major ground shaking, slope instability, and collapsible and expansive soils. -36- Episodic flooding of major regional drainages, including the Whitewater River, results in the deposition of sand and gravel on the valley floor. Strong sustained winds emanating from the San Gorgonio Pass cause wind erosion and transport and deposit dry,finely granulated, sandy soils on the central valley floor. Regional soils range from rocky outcrops within the mountains bordering the valley to coarse gravels of mountain canyons and recently laid fine- and medium-grained alluvial (stream deposited) and aeolian (wind deposited) sediments on the central valley floor. Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts a.i) No Impact.The subject property is not located within or adjacent to an Aiquist-Priolo Earthquake Fault Zone. The nearest earthquake faults are the Garnet Hill and Banning Pass Faults, approximately 5.74 and 9.14 miles northwest of the site. These faults are capable of generating earthquakes of magnitude >5.0, however, fault rupture is not expected on the project site. No impact will result from implementation of the proposed project. a.ii) Less Than Significant Impact. The project site is located in a seismically active region where earthquakes originating on local and regional seismic faults can produce severe ground shaking. Buildings proposed for the site will be required to be constructed in accordance with the most recent edition of the California Building Code (CBC) and Palm Desert Municipal Code Section 15.24.010 (Adoption of the California Existing Building Code) to provide collapse-resistant design. These building standards are designed to minimize the catastrophic failure of buildings, thereby lowering the impacts to life and property. The City has adopted several modifications to the CBC in accordance with local geology. The Palm Desert Municipal Code provides regulations for collapse-resistant design. Project-related impacts associated with seismic ground shaking will be less than significant. a.iii) No Impact. The project site is located in an area that has a low susceptibility for liquefaction (Riverside County General Plan; Figure S-3). Onsite underlying soils consist of Myoma fine sand group: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which consists of soft sediments, which could not be susceptible to liquefaction. CVWD owns the adjacent Accessor Parcel No. 620-430-047 located southwest of the project site. According to GEOTRACKER GAMA,currently.there is no active well at this parcel. The nearest test well site (3310001-063) is located at Acapulco Drive where the water depth is reported below 200 feet. That test well site is located approximately 0.17 miles southwest of the subject site. Therefore, it can be expected that at the project site, the depth of the groundwater is greater than 200 feet below the ground surface. For liquefaction to occur, groundwater levels must be within 50 feet of the ground surface. Therefore,the sand in this region is not prone to liquefaction under severe ground shaking. No impact is anticipated. a.iv) No Impact. The proposed project site is on the Coachella Valley floor. It consists of, and is surrounded by relatively flat terrain. The nearest hillsides and mountainous slopes are approximately 2.83 miles southwest of the property. No impacts associated with landslides will occur. -37- b) Less Than Significant Impact. The Coachella Valley floor on which the subject property is located is highly susceptible to wind erosion(General Plan; Figure 8-3).The proposed project will include site preparation, grading, paving, building construction, and other ground disturbance of the existing undisturbed land by heavy machinery that could result in the loss of some topsoil and generate particulate matter. Grading and construction may require removal of the topsoil;however, project-related impacts are expected to be less than significant because the project will be required to implement measures to control fugitive dust(See Air Quality, Section III),which will minimize potential adverse impacts associated with soil erosion. Water erosion could also occur as a result of site watering during the development process and post-construction operations. The project will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) and the Best Management Practices (BMP) set forth in the project-specific Water Quality Management Plan (WQMP) to assure that water erosion is reduced to less than significant levels. Post construction water runoff will be collected by a private storm drain system and retained via an underground retention system. These project features will assure that impacts associated with water erosion remain less than significant. c) Less Than Significant Impact. The subject site does not contain unstable soils or geologic units. Also, the site is not susceptible to on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse due to distance from mountainous slopes and foothills and depth of the groundwater. The site is undeveloped, and grading will be conducted in compliance with City standards. For the proposed development,the City may require additional project-specific geotechnical and structural engineering analysis,as necessary,to determine whether additional soil remediation or compaction is required. This standard requirement will be imposed by the City prior to issuance of building permits, and will assure that impacts associated with soils remain less than significant. d) No impact. Expansive soils typically contain large amounts of clay that expands when water is absorbed and shrinks when they dry. As described in Section VI-a.iii, above, the site's underlying soils consist of Myoma fine sand group: MaB (0 to 5 percent slopes) and MaD (5 to 15 percent slopes), which have low shrink-swell potential ("Soil Survey of Riverside County, California, Coachella Valley Area," U.S. Dept. of Agriculture Soil Conservation Service, 1980). Therefore, no impact associated with expansive soils will occur. e) No Impact. The proposed project will connect to the existing CVWD sewer system. No septic tanks or alternative wastewater disposal systems are proposed. No adverse impacts associated with wastewater disposal systems will occur. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan, 2016;"Soil Survey of Riverside County, California,Coachella Valley Area," U.S. Dept. of Agriculture Soil Conservation Service, 1980; Geology of the Coachella Valley and Salton Trough Region, prepared by USGS: "Custom Soil Resources Report for Riverside County, Coachella Valley Area, California," prepared by Terra Nova Planning and Research, Inc. in April 2018;GeoTracker GAMA(Groundwater Ambient Monitoring and Assessment Program) Online Database by State Water Resources Control Board;Accessed April 2018. -38- VII. GREENHOUSE GAS Less Than EMISSIGNS Potentially Significant Less Than NoSignificant Significant with Impact Would the project: Impact Mitigation Impact a)Generate greenhouse gas emissions,either directly or indirectly,that may have a x significant impact on the environment? b)Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing X the emissions of greenhouse gases? Setting The principal Green House Gases (GHGs) include carbon dioxide (CO2), methane (CH4), nitrous oxide (N20),ozone(03), and water vapor(H20). Some GHGs, such as CO2, CH4, and N20,occur naturally and are emitted to the atmosphere through natural processes and human activities. Of these gases, CO2 and CH4 are emitted in the greatest quantities from human activities. Emissions of CO2 are largely byproducts of fossil fuel combustion, whereas CH4 results mostly from off-gassing associated with agricultural practices and landfills. Man made GHGs, which have a much greater heat-absorption potential than CO2, include fluorinated gases, such as hydrofluomcarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3), which are associated with certain industrial products and processes. Greenhouse gas emissions are generated by both moving and stationary sources, including vehicles, the production of electricity and natural gas, water pumping and fertilizers. State law mandates that all cities decrease their greenhouse gas emissions to 1990 levels by the year 2020. In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S-3-05. The Executive Order established the following goals: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80% below 1990 levels by 2050. In furtherance of the goals established in Executive Order S-3-05, the legislature enacted AB 32 (Nunez and Pavley), the California Global Warming Solutions Act of 2006, which Governor Schwarzenegger signed on September 27, 2006. On April 29, 2015, Governor Jerry Brown issued an Executive Order which identified an interim GHG reduction target in support of targets previously identified under S-3-05 and AB 32. Executive Order B- 30-15 set an interim target goal of reducing GHG emissions to 40% below 1990 levels by 2030 to keep California on its trajectory toward meeting or exceeding the long-term goal of reducing GHG emissions to 80% below 1990 levels by 2050 as set forth in S-3-05. Palm Desert Environmental Sustainability Plan(ESP) In 2010, the City of Palm Desert adopted the Environmental Sustainability Plan (ESP), which demonstrates how the City has been involved on issues relating to environmental sustainability including energy, waste management, storm water, water reclamation, transportation, and landscaping. The Plan sets out a series of goals for the City that are grounded in the principles of environmental soundness and sustainable development and addresses six resource areas, including the built environment. The Plan was updated in 2015 to reflect current conditions and the City's progress in meeting its goals. -39- GHG Thresholds In November 2009, during SCAQMD GHG working group meetings, SCAQMD staff proposed a variety of thresholds for GHG emissions, including a "land use" threshold that would be 3,500 MTCO2e/yr for residential projects, 1,400 MTCO2e/yr for commercial projects, and 3,000 MTCO2e/yr for mixed-use projects. However, as of April 2018, the SCAQMD Governing Board has not formally adopted the proposed interim tiered approach for evaluating GHG impacts. Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts a, b) Less Than Significant Impact. The proposed project will generate GHG emissions during both construction and operation. As mentioned in Section III, Air Quality, above, the California Emissions Estimator Model (CalEEMod) Version 2016.3.1 was used to quantify air quality emission projections, including greenhouse gas emissions (Appendix A). Construction related greenhouse gas emissions will be temporary and will end once the project is completed. Operational emissions will occur throughout the life of the project. At buildout, there are five emission source categories that will be contributing either directly or indirectly to operational GHG emissions, including energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off gassing), and mobile sources. On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that only applies to stationary sources (industrial uses) where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document' that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project's greenhouse gas emissions would be considered significant if it could not comply with at least one of the following "tiered"tests: • Tier 1: Is there an applicable exemption? • Tier 2: Is the project compliant with a greenhouse gas reduction plan that is,at a minimum, consistent with the goals of AB 32? • Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/yr for industrial projects; 3,000 MTCO2e/yr for residential and commercial projects)? • Tier 4: Is the project below a(yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation? The proposed project is consistent and compliant with Tier 3, in that the project is considered a residential project with an absolute threshold below 3,000 MTCO2e/yr for residential projects. Table 4 provides a summary of the projected amortized short-term construction, and annual operational GHG generation associated with the potential buildings on the site. As shown in the table, the proposed project will not exceed SCAQMD thresholds for residential land uses. ' Draft Guidance Document—interim CEQA Greenhouse Gas(GHG)Significance Threshold,prepared by SCAQMD,October 2095 -40- Table 3 Projected GHG Emissions Summary (Metric Tons) Phase CO2e(MT/YR) Construction 563.04 Operational 1,254.77 SCAQMD Threshold(Residential) 3,000.00 Emission Source:CalEEMod Version 2016.3.1 It is recognized that GHG impacts are intrinsically cumulative. All components of construction, including equipment, fuels, materials, and management practices, would be subject to current and future SCAQMD rules and regulations related to greenhouse gases. Applicable SCAQMD rules include, but are not limited to, source specific standards that reduce the greenhouse gas content in engines and limit equipment idling durations. In addition, project-related GHG emissions will not exceed established GHG thresholds for construction because there are no such thresholds established. In addition, the project will be subject to requirements set forth in the Environmental Sustainability Plan (ESP) and City's General Plan, which is qualitatively consistent with Statewide goals and policies in place for the reduction of GHG emissions. Operational GHG emissions will be generated by energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off-gassing), and mobile sources. As shown in the table above, operational emissions would not exceed the SCAQMD recommended threshold for residential projects. In addition, the proposed project's generation of GHG emissions would not make a cumulatively considerable contribution to or conflict with an applicable plan, policy, or regulation for the purposes of reducing the emissions of greenhouse gasses. Impacts would be less than significant. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan,2016;"Final 2016 Air Quality Management Plan,'prepared by South Coast Air Quality Management District,March 2017;"Final Localized Significance Threshold Methodology,"prepared by the South Coast Air Quality Management District, Revised,July 2008;"2003 Coachella Valley PMio State Implementation Plan,"August 1.2003; CalEEMod Version 2016.3.1. -41- VIII, HAZARDS AND HAZARDOUS Potentially Less Than Less Than No MATERIALS Significant Significant with Significant Impact impact Mitigation Impact Would the project: a)Create a significant hazard to the public or 1 the environment through the routine X transport, use,or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result, would it create a X significant hazard to the public or the environment? e) For a project located within an airport land use plan or,where such a plan has not been adopted, within two miles of a public airport X or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response X plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? Setting The project site is vacant and undeveloped. In the City of Palm Desert, hazardous materials transport, storage, and use is strictly regulated for large quantity users, such as industrial processes and commercial dry cleaners. The City implements the General Plan's Safety element through regular consultation with the Regional Water Quality Control Board (RWQCB), Fire Department and County Department of Environmental Health. The City also monitors and regulates industrial plants and commercial areas through the element's goals, policies, and programs. -42- The State Water Resources Control Board's online database (GeoTracker) indicates that the City of Palm Desert contains 53 sites that are either listed or permitted as hazardous material sites under the California Department of Toxic Substances Control (DISC). The majority of these sites are located along Country Club Drive, Hovley Lane East, Cook Street, Hwy 111, Monterey Avenue, and Washington Street. According to GeoTracker,one LUST cleanup site(Marriott's Desert Springs#1 (T0606501007))is located at 74855 Country Club Drive, approximately within one mile from the project site. That case for that site was opened in 1998 and closed in 2006, indicating that issues were remediated to the satisfaction of the agency. No further information was provided by the GeoTracker Database. There is no potential impact to the project site because the site is already cleaned and the case was closed in 2006. Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts a, b) Less Than Significant Impact. The proposed project will result in the development of senior living housing units. Cleaners, solvents, fertilizers and pesticides may be used on-site for routine cleaning and landscaping. However, none of these will be used in sufficient quantities so as to pose a threat to humans or cause a foreseeable chemical release into the environment. The construction phase would involve the use of heavy equipment, which uses small amounts of oil and fuels and other potential flammable substances. During construction, equipment would require refueling and minor maintenance on location that could lead to fuel and oil spills. The contractor will be required to identify a staging area for storing materials, and will be subject to State law relating to the handling, storage and use of hazardous materials during construction. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances, because the cleaners and household chemicals used are not explosive and will not be stored in large quantities. The use and handling of hazardous materials during construction activities and long term operation of the proposed project would occur in accordance with applicable Federal, State,and local laws including California Occupational Health and Safety Administration (CalOSHA) requirements. Overall,the regulations,emergency response plans and physical features of the site will assure that impacts associated with the transport. storage or use of hazardous materials will be less than significant. c) No Impact: Desert Adventist Academy and Boehm Child Development Center are located adjacent to the subject site. Desert Adventist Academy is a long-established school which provides Christian education since 1953. Boehm is a 501(c)(3) non-profit child development center and offers various programs for infants/toddlers, preschool, and pre-Kindergarten to provide readiness instruction and activities in language, literacy,math,reasoning,and social emotional development. In addition to these private facilities, James Earl Carter Elementary School is the nearest public elementary school, which is located approximately 0.78 miles south from the proposed site. The proposed project will result in the development of senior living housing units which are not expected to emit any hazardous emissions or handle hazardous or acutely hazardous materials. substances, or waste to jeopardize these schools. No impact is expected. -43- d) No Impact: The proposed project site is not included on a list compiled pursuant to Government Code Section 65962.5. The proposed project will not create a significant hazard to the public or environment. e-f) No Impact: The Bermuda Dune Airport(UDD) is located approximately 5.60 miles northeast of the subject property. There are no private airstrips in the region. The site is not located within the boundaries of the airport's land use compatibility plan. The property is not located in the vicinity of a private airstrip. The project will not result in safety hazards for people living or working in the area. g) No Impact: The project site will be accessible from the existing street network, including Country Club Drive, Portola Avenue, Cook Street, and Frank Sinatra Drive. The project access points will not alter the existing circulation pattern in the project area or adversely impact evacuation plans. The Fire and Police Departments will review the proposed parking and circulation plan for the project, to assure that driveways and roads are adequate for emergency vehicles. In addition, construction traffic plans will be required to assure that the proposed project will not interfere with an adopted emergency response plan or emergency evacuation plan. No project-related impact is expected. h) No Impact: The project site is located in the City's urban core, and is not located in a wildland fire hazard zone and is not susceptible to wildfires.Therefore,the proposed project will not expose people or structures to significant risks associated with wildfires. No project related impact is expected. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan,2016;California Department of Toxic Substances Control Hazardous Waste.Accessed on April 05,2018:State Water Resources Control Board,Accessed on April 05,2018. - - IX. UHYUYOLUGY AND WATER Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Would the project: a) Violate any water quality standards or waste X discharge requirements? b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production X rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,or X substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood X Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect X flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami, or mudflow? X -45- Setting Domestic Water Supplier The Coachella Valley Water District (CVWD) provides domestic water to the City of Palm Desert, including the project site. Its primary source of water is groundwater extracted by deep wells from the Whitewater River subbasin. The water resource consists of a combination of natural runoff, recycled water, imported water, inflows from adjacent basins, and an interlinked system of sub-basins. The Whitewater River subbasin is also artificially recharged through imported State Water Project Exchange and Colorado River water. The total storage capacity of the Whitewater River subbasin is approximately 28.8 million acre feet and it currently contains approximately 25 million acre feet. It is capable of meeting the water demands of the Coachella Valley, including the City, for extended normal and drought periods. CVWD's domestic water system includes 50 wells with an average depth of 900 feet to serve the City of Palm Desert and its wider customer base. CVWD has a total of 27 reservoirs,with an average capacity of 1.8 million gallons. Wastewater Treatment Provider and City's Sewer System CVWD also provides wastewater collection and treatment services to the City of Palm Desert.The CVWD treats and recycles wastewater at two wastewater treatment plants (WRP-9 and WRP-10) for the City of Palm Desert and surrounding areas. These two plants have a total capacity of 18.40 million gallons per day. Recycled water from two of these facilities has been used for golf course and greenbelt irrigation in the Palm Desert area for many years,thereby reducing demand on the groundwater basin. A third facility (WRP 7), located north of Indio, began providing recycled water for golf course and greenbelt irrigation in 1997.CVWD continually increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures. WRP-10 which is located at 43-000 Cook Street in Palm Desert consists of an activated sludge treatment plant, a tertiary wastewater treatment plant, a lined holding basin, six storage basins, and 21 infiltration basins. Secondary effluent from WRP-9 is mixed with well water and used to irrigate the Palm Desert Country Club golf course.Every year, WRP-10 treats an average daily flow of 10.8 mgd from the activated sludge plant which is then delivered to customers for reuse through an existing recycled water distribution system. WRP-9 is located at 77-400 Fred Waring Drive in Indio and consists of the following treatment units: A grit chamber, two secondary clarifiers, one chlorine contact chamber, and one aerobic digester, and two infiltration basins. One basin is lined for storage of treated wastewater. Raw wastewater in excess of the design capacity does enter this facility during peak flows. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. According to Palm Desert Municipal Code Section 8.55.050, all new properties, buildings and structures are required to connect to the available public sewer system. Flood Control The project site is located in the central portion of the Coachella Valley. It has an average rainfall of 3.76 inches per year. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. The Whitewater River is the primary drainage course for the City of Palm Desert, which runs approximately 1.40 miles south of the project site. -46- The project area is subject to City requirements relating to flood control. The City implements standard requirements for the retention of storm flows, and participates in the National Pollution Discharge Elimination.System (NPDES)to protect surface waters from pollution. Development projects must retain the 100-year storm flow on-site. Ultimate development of the site will result in the construction of senior living housing units of up to three stories in height. The impacts of the project are discussed below. Discussion of Impacts a) Less Than Significant Impact. The project site is located in the Whitewater River watershed. All water providers in the watershed are required to comply with Regional Water Quality Control Board standards for the protection of water quality,including the preparation of site-specific Water Quality Management Plans (WQMP) for surface waters. The CVWD is required to meet water quality requirements in its production and delivery of domestic water. The CVWD is regulated by the State Water Resources Control Board Division of Drinking Water (DDW) and the U.S. Environmental Protection Agency (USEPA), and must maintain strict water quality standards in the treatment of effluent. The proposed project will extend an 8-inch sanitary sewer line from the project site to connect to an existing 8-inch tine along Country Club Drive.Construction of the extension line will be subject to all CVWD requirements. The proposed project will not violate water quality standards or waste discharge requirements. The project will also be required to comply with National Pollutant Discharge Elimination System {NPDES} regulations, which minimize the pollutant load associated with urban runoff. The imposition of conditions of approval, local, state and federal standard requirements and the requirements of law will assure that the project will not violate any water quality standards or waste discharge requirements. Impacts are expected to be less than significant. b) Less Than Significant Impact. The proposed project will require water for senior living housing units and landscape irrigation. CVWD has developed demand factors for broad land use categories (i.e. residential, commercial, industrial, schools/institutional, and landscaping irrigation). According to CVWD's residential (multi-family) land use water demand factor of 2.06 acre-feet per acre per year,the site has the potential to generate a demand of 16.48 acre-feet per year. The site is currently designated as PA-5 which would result in single family residential land uses for water demand_The annual demand factor for single family residential is 2.31 acre-feet per acre per year which means the site would generate a demand of 18.48 acre-feet per year based on.PA- 5 land use. The Zone Change from PR-5 to PR-20 will generate 2 acre-feet per year less water demand than the current land use designation. Based on the CVWD's Engineer's Report on Water Supply and Replenishment Assessment(2016- 2017), CVWD has approximately 28.8 million acre-feet of water stored in the Whitewater River subbasin, the proposed project's water demand will be less than 1 percent of CVWD's groundwater supplies and CVWD will be able to fulfill the project's water demand.The project will be required to comply with the City's water-efficiency requirements, including the use of drought-tolerant planting materials and limited landscaping irrigation. Implementation of these and other applicable requirements will assure that water-related impacts are maintained at less than significant levels. -47- In addition,the proposed project will connect to existing water lines located beneath Country Club Drive. No new wells or additional water infrastructure are proposed for the project water requirement. c-e) Less Than Significant Impact. The subject site is relatively flat and contains no rivers or streams. Development of the proposed project will increase impermeable surfaces on site, and therefore increase on-site storm flows. Infiltration basins are proposed throughout the project site to capture the on-site runoff. Infiltration System for the Project Site According to the project's water quality management plan exhibit, two underground storm water infiltration basins are designed in the southern portion of the site to capture storm water. The City will require the preparation of site specific hydrology analysis for the site and the Applicant will also be required to demonstrate that 100 year storm retention is effectuated on the project. This standard requirement will assure that impacts associated with storm flows remain less than significant. Runoff from the Project Site To reduce discharge of pollutants into runoff from the proposed project, the project shall implement Best Management Practices (BMPs) through its requirements Water Quality Management Plan (WQMP). Implementation of BMPs will reduce pollutants of concern that may enter nearby receiving retention basins and help reduce short and long term water quality impacts caused by the construction and operation of the proposed project. The proposed project will be required to comply with the City's storm water retention requirements, including the approval of a project-specific hydrology study and water quality management plan. Implementation of these and other applicable requirements will assure that the project will not create or contribute water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. f� No Impact. The proposed project will be required to comply with all applicable water quality standards, and will implement a WQMP approved by the City and the Regional Water Quality Control Board for both construction activities and long-term operation of the site. Adherence to the City's standard requirements related to water quality will ensure there will be no impact to water quality. g, h, i) No Impact. The project site is not located in the 100-year floodplain and will not place housing or other structures in an area that would impede or redirect flows. According to Flood Insurance Rate Maps(FIRM) prepared by the Federal Emergency Management Agency (FEMA), the site is located in Zone X, which represents"areas outside of 0.2%annual chance flood."(FIRM Map No. 06065C161 5G). No impact is anticipated. i,j) No Impact. The project site is not located in the vicinity of a water body. No hazard from dam failure, tsunami or seiche is possible. There will be no impacts. -48- Jib Mitigation Measures: _ None. Monitoring: None. Source: Palm Desert General Plan, 2016; Coachella Valley Water Management Plan Update (Final Report), January 2012; CVWD Engineer's Report on Water Supply and Replenishment Assessment 2016-2017;CVWD's Urban Water Management Plan December 2005(Final report). -49- X. LAND USE AND PLANNING Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project: Impact Mitigation Impact p a}Physically divide an established community? b)Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat conservation plan or natural community X conservation plan? Setting The project site is governed by the policies and land use designations of the City of Palm Desert General Plan and Zoning Ordinance. The site is designated as an Employment District in the General Plan Land Use Map. The site is zoned as Planned Residential (PR-5). The project site is located within the North Sphere Specific Plan area;therefore, it is also governed by the North Sphere Specific Plan, which provides site-specific design standards and guidelines to guide development on the site. The project proposes a Zone Change, Tentative Parcel Map, and Precise Plan that are discussed below. The City of Palm Desert participates in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), as discussed above under Biological Resources. Discussion of Impacts a) No Impact. The subject property is currently vacant, is located in a developed area and is in proximity to Desert Willow Golf Course and Westin Desert Willow Villas developments to the north and a CVWD well site and institutional development to the east and west. These developments operate independently of the subject property and will not be physically divided by the proposed project. No impact is anticipated. b} Less Than Significant Impact. The project site is located within planning area (PA 14) of the North Sphere Specific Plan which was planned for office/professional land uses in 2004.To ensure that the zoning was consistent with the proposed General Plan Land Use designation and those of the North Sphere Specific Plan, the zoning classification was amended to place the Planned Community Development zoning over the southwestern portion of the specific plan area. Residential development is allowed in the Specific Plan planning area (PA 14). The proposed project will not conflict with the North Sphere Specific Plan. The Employment District designation of the site in the City's Land Use Map allows research and development, office and limited retail,and multi-family residential land uses. The total number of dwelling units per acre(DU/AC) is not specified for this district in the General Plan. -50- The site is zoned Planned Residential (PR-5). Under this zone,the Palm Desert Municipal Section Code, Section 25.10.030(Allowed Land Uses and Permit Requirements), allows 5 units per acre. The Applicant proposes a density of 20 units per acre; therefore,a Zone Change from PR-5 to PR- 20 is required for the property to allow higher density residential development. The project also will require a Precise Plan for site design, architecture and landscaping. The project site is located on the north side of Country Club Drive between Portola Avenue and Cook Street which is a part of the North Sphere Specific Plan. This Specific Plan was proposed to allow mixed-use development on approximately 515.5 acres of undeveloped land between Portola Avenue and Cook Street and Frank Sinatra Drive and Country Club Drive. Lands adjacent to the site at its north are currently designated as Resort and Entertainment and developed as three and four story multi-family units and golf courses. Lands to the west and east are currently institutional and are developed as a school and health care facility. Land at the southwestern of the site is owned by CVWD for a well site. Country Club Drive, Portola Avenue and Cook Street are regional thoroughfares. connecting the City to other Valley communities, and the San Gorgonio Pass to the northwest. The project site is more appropriate for higher density development, consistent with the intensity of development to the north and east. The proposed change of zone from PR-5 to PR-20 will allow higher density residential development pursuant to the City's Municipal Code requirements and standards to avoid any conflict with any land use plan, policy, or regulation. Impacts will be less than significant. c) No Impact. As described in Section IV, Biological Resources, the project site is located in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) boundaries but is not located within or adjacent to a conservation area. The proposed project is required to comply with its requirements, including payment of the MSHCP Local Development Mitigation Fee. No conservation plan-related conflict is expected. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan.2016;North Sphere Specific Plan(2004), -51- i XI. MINERAL RESOURCES Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project: Impact Mitigation Impact P a) Result in the loss of availability ofa known mineral resource that would be of value to the region and the residents of the state? b)Result in the loss of availability of a locally important mineral resource recovery X site delineated on a local general plan, specific plan or other land use plan? Setting The majority of the City of Palm Desert is made up of alluvial fans, which are mainly sand and gravel. Sand and gravels are considered an economic resource and commonly used for road base and other building materials. Small amounts of limestone, copper and gold have been explored from some parts of the city in the past.No existing sand or gravel operations occur in the vicinity of the project site. The development of the site will not result in impacts to mineral resources, as discussed below. Discussion of Impacts a, b) No Impact.The project site is located in a State designated Mineral Zone MR.Z-3,which indicates an "area containing mineral deposits; however, the significance of these deposits cannot be evaluated from available data." The project site occurs in an urban setting and is not designated for mineral resource land uses. The proposed project would not result in the loss of available known mineral resources. No project-related impacts to mineral resources are anticipated. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan.2016. -52- XII. NOISE Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project result in: Impact Mitigation Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b)Exposure of persons to or generation of excessive groundborne vibration or X groundborne noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity X above levels existing without the project? • d)A substantial temporary or periodic increase in ambient noise levels in the x project vicinity above levels existing without the project? e) For a project located within an airport land use plan or,where such a plan has not been adopted, within two miles of a public airport x or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip, would the project expose x people residing or working in the project area to excessive noise levels? Setting In the City of Palm Desert, noise sources can be divided into two basic categories, transportation sources (primarily traffic)and non-transportation sources.Transportation sources are by far the largest contributor to noise in Palm Desert. Local government has little direct control over transportation noise; rather, state and federal agencies assume the responsibility to control vehicle noise emission levels. The effective methods to reduce the impacts of noise on sensitive land uses implemented by cities include vehicle trip reduction, noise barriers,and setbacks. City's Noise Standards Table 4.12-1 (Maximum Allowable Noise Exposure—Land Use Compatibility) of the General Plan EIR shows the local interior and exterior noise standards/thresholds. Acceptable exterior noise levels for residential development range from 45 to 65 dBA CNEL, and 45 to 70 dBA CNEL for commercial development, including neighborhood parks and offices. That range does not include construction related noise levels as construction activities generate temporary noise. These General Plan standards are supplemented by Municipal Code 9.24.030, Sound Level Limits, which regulates noise occurrences throughout the City. -53- Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts a, c) Less Than Significant Impact. The subject property is currently vacant and undeveloped. The main noise source in the area is vehicular traffic on Country Club Drive. The nearest sensitive receptors are multi-family residences located approximately 220 feet south of the project site. Impacts of the Proposed Project on Surrounding Development Long-Term (Operational) Noise: At buildout,principal project-related noise sources will include vehicular traffic accessing the site. grounds maintenance equipment, and heating, ventilation and air conditioning(HVAC) units. As discussed above, roads, residential and commercial development, surround the subject site, so the vehicle mix will be comparable with existing vehicles on surrounding roads.Traffic levels will not substantially increase,and will not result in an increase in noise beyond that forecast in the General Plan at build out. Noise generated by the residents is expected to be consistent with noise levels at any residential development, and will not exceed City standards. These noise levels will be within the City's General Plan noise standards(General Plan: Figure 4.12-1). Overall,the proposed senior living housing development will be compatible with surrounding land uses, and operational noise impacts are not expected to exceed acceptable residential noise standards. Impacts of Of Site Noise Sources on the Proposed Project The project site is currently vacant and undeveloped, and its southern portion is exposed to a less than 60 dBA noise level along Country Club Drive. The proposed cottages development will result in the buildings being exposed to the existing noise level, along its southern edge. The buildings along the southern property line would occur at a distance of approximately 60 feet from centerline on Country Club Drive. The project design includes 6 foot walls, landscaping. and setbacks along its southern boundary that would provide noise attenuation of 6 to 10 dBA for the private yards of the individual residences. At build out,this attenuation will result in noise levels of 45 to 55 dBA, which is well within the City's standards for residential land use. Overall, the proposed senior living housing development will not be exposed to high noise levels. and will not exceed acceptable residential noise standards. b,d) Less Than Significant Impact with Mitigation Incorporated. Temporary noise generated during the construction phase of the proposed project could exceed acceptable noise levels. Primary noise sources will be heavy equipment, some of which will operate in close proximity to sensitive receptors, including residents of the ManorCare facility to the east of the site. The City will require that construction activity comply with Section 9.24.070 of the Municipal Code, which limits construction activity to between 7 a.m. to 5:30 p.m. on weekdays and 8 a.m. to 5 p.m. on Saturdays. No activity is permitted on Sundays and holidays. These requirements will reduce noise impacts to less sensitive daytime hours. Construction noise will occur at a distance of approximately 30 to 50 feet from the closest building to the east.Construction equipment could generate noise levels of up to 88 dBA at 50 feet. Existing sensitive receptors are separated by a -54- wall, which can be expected to provide noise attenuation of approximately 8 dBA. Nonetheless, noise levels will exceed acceptable levels, particularly during grading activities. However, construction equipment is mobile, and will move across the site. Stationary equipment could generate high noise levels,and could have an impact development to the east. However, stationary equipment can be located away from sensitive receptors to reduce potential impacts. In order to assure that impacts are reduced to less than significant levels, mitigation measures are included below. Groundborne Vibration Ground-borne vibration and/or ground-borne noise would be generated during construction of the proposed project, which could be felt by adjacent land uses. The primary source of ground-borne vibration will be operation of heavy equipment, such as bulldozers. Vibration also attenuates with distance. The impacts will be temporary and will end once grading is complete. e-t) No Impact. The Bermuda Dune Airport (UDD) is located approximately 5.60 miles northeast of the subject property and its noise contours are localized, and not located in the vicinity of the proposed project site.No impacts will occur. Mitigation Measures: NOI-1 Prior to approval of grading plans and/or issuance of building permits,plans shall include a note indicating that noise-generating project construction activities shall only occur between the hours of 7:00 a.m. to 5:30 p.m. Mondays to Fridays, and to the hours of 8:00 a.m. to 5:00 p.m. on Saturdays,with no activity allowed on Sundays. NOI-2 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project site. NOI-3 Ail equipment staging shall be placed in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receivers nearest the project site during all project construction (i.e.,to the center). Monitoring: NOI-A The Project construction supervisor shall ensure compliance with mitigation measures, and the City shall conduct periodic inspection at its discretion, Responsible Agency: Construction manager, Building Department Source: Palm Desert General Plan and General Plan EIR,2016. -55- XIII. POPULATION AND HOUSING Potentially Less Than Less Than No Significant Significant with Significant Impact Would the project: Impact Mitigation Impact p a) Induce substantial population growth in an area,either directly (for example, by proposing new homes and businesses)or X indirectly(for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of X replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement X housing elsewhere? Setting The population of the City of Palm Desert was 50,740 in 2017, with an average household size of 2.14 persons. The City is composed of a mix of single-family and multi-family development, but the majority (55%)of housing units are single-family homes. At buildout,the City's maximum population could reach approximately 61,691 with net growth of 11,905 by 2040(General Plan EIR; Table 4.16-1 Population and Employment Growth Estimate). When the site is developed, it could accommodate up to 351 persons. Discussion of Impacts a) Less Than Significant Impact. Implementation of the proposed project could accommodate up to 351 persons. Most of the residents are expected to be local older adults living alone or with their families currently who would be accommodated at the project site. The project will not generate new population for the City. The project site is located on existing streets, and utilities and public facilities are all available in the immediate area. No new road or utility infrastructure is required. Less than significant impact is anticipated. b, c) No Impact. Currently, the project site is vacant and undeveloped, no residents will be displaced, and no replacement housing will be required elsewhere. No project-related impact is expected. Mitigation Measures: None. Monitoring: N one. Source: Palm Desert General Plan EIR,2016;CA Department of Finance Table E-1 Population and Housing Estimates,2017. -56- XIV. PUBLIC SERVICES Would the project result in: Would the project result in substantial adverse physical impacts associated with the provision of Potentially Less Than Less Than new or physically altered governmental facilities, Significant Significant with Significant No need for new or physically altered governmental Impact Mitigation Impact Impact facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Setting Fire Protection The City contracts with Riverside County Fire Department for its local service. The nearest fire station is Riverside County Fire Station 71 at 73995 Country Club Drive,approximately 0.21 mile southwest of the project site. The City of Palm Desert also receives additional fire support from station No. 55 in Indian Wells and Stations No. 50 and No. 69 in Rancho Mirage, in addition to the services provided by its own stations. The Cove Communities Fire Department has 84 personnel in total, distributed among the three cities, all of which operate under a Regional Fire Protection Program. The station physically closest to the emergency will respond even if it is outside the station's official jurisdiction. Police Protection The City of Palm Desert contracts with the Riverside County Sheriff's Department for police protection services. The nearest police station is the Palm Desert Police Station at 73705 Gerald Ford Drive, approximately 1.89 mile northwest of the project site. The police department consists of 70 sworn officers that include 45 deputies, 10 of which are dedicated to traffic enforcement. The City of Palm Desert currently provides about 1.75 sworn officers for every 1,000 residents. The average response time for the highest priority emergency calls was 4.6 minutes. Schools The City of Palm Desert is located within the boundaries of two school districts: Desert Sands Unified School District(DSUSD) and Palm Springs Unified School District(PSUSD). Most of the City is served by DSUSD. PSUSD includes the northwestern portion of the City. DSUSD currently operates five elementary schools, one middle school and one high school within the City.The nearest elementary school is James Earl Carter Elementary School, located approximately 0.78 miles south from the proposed site. Parks In the City of Palm Desert, a total of 163 acres of parks currently occur, with an additional 56 acres dedicated for future parks. The nearest public park to the project site is Hovley Soccer Park located less than 0.83 mile south of the proposed project. -57- Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts Fire Protection: Less Than Significant Impact. The ultimate development of the project site will marginally increase the demand on fire service in the City. The increase in the demand for fire services will be higher for the proposed PR-20 residential development, as compared to the PR-5 residential land use. The City of Palm Desert Fire Department has a staff of about 8 firefighting personnel available during each 24-hour period, which should accommodate the marginal increase in the service demand. Given the close proximity of the closest fire station, fire personnel will be able to reach the site within the target five-minute response time. Emergency access will be provided to the property via the existing public roadway network. The Fire Department will review the project site plan to ensure it meets applicable tire standards and regulations. No construction of new or expanded fire services or facilities are required for the proposed project. Project-related fire protection impacts will be less than significant. Police Protection: Less Than Significant Impact. The ultimate development of the site will result in a marginal increase in demand for police services. Police personnel will be able to access the site using Country Club Drive, Portola Avenue, Frank Sinatra Drive, Cook Street, and Gerald Ford Drive. The project will be required to comply with all Police Department regulations and procedures. Project related impacts are expected to be less than significant. Schools: No Impact.The proposed project will result in the development of senior living housing units and is not expected to generate any demand of students. No impact is expected. Parks/Other public facilities Less Than Significant Impact. The project proposes a senior living housing development which would induce marginal population growth in the area. Onsite recreational facilities will be provided to the future senior residents/guests/visitors, and will include a pool and recreation area, and scattered passive open space. Project buildout is expected to marginally impact local and/or regional parks, if visitors or guests use the parks or other public facilities. However, no additional public facilities will be required for the proposed project to accommodate the residents/visitors/guests. Increase in demand for the city's existing facilities will be less than significant. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan,2016. -58- XV. RECREATION Potentially Less Than Less Than Significant Significant with Significant No Would the project: Impact Mitigation Impact Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? Setting Within the City of Palm Desert, there are several mini, neighborhood, community, and school parks,one community center, a senior center, and a museum. Ultimate development of the site will result in the construction of 164 apartment units for older adults on the site which will be of up to three stories height. The impacts of the project are discussed below. Discussion of Impacts a, b) Less Than Significant Impact. At buildout, the proposed project will include an estimated population of 351 residents. The proposed project will include onsite recreational amenities, as required in the Zoning Ordinance for residential projects. Residents and guests can be expected to utilize onsite recreational amenities as well as local and regional recreational facilities. The proposed development will not induce substantial population growth that will result in significant impacts to existing neighborhood and regional parks or other recreational facilities. To offset potential impacts to public parks and recreational facilities,the project will be required to pay City parkland impact fees. Project-related impacts are expected to be less than significant. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan,2016. -59- XVI. TRANSPORTATION/TRAFFIC Potentially Less Than Less Than Significant Significant with Significant No Would the project: Impact Mitigation Impact Impact a)Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation including mass X transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b)Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures,or other standards X established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns, including either an increase in traffic levels X or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature(e.g., sharp curves or dangerous intersections)or incompatible X uses(e.g., farm equipment)? e) Result in inadequate emergency access? X f}Conflict with adopted policies, plans,or programs regarding public transit, bicycle,or X pedestrian facilities,or otherwise decrease the performance or safety of such facilities? Setting In the City of Palm Desert, all roadways are classified into nine different roadway types (i.e. Enhanced Arterials, Vehicular-Oriented Arterials, Enhanced Secondary Roadways, Balanced Arterials, Secondary Streets, Collector Streets, Downtown Collectors, and El Pasco (General Plan, Figure 4.1). Country Club Drive is designated a"Major Arterial.". The City's acceptable Level of Service (LOS) for both roadway and intersection operations in LOS D or better. An analysis was conducted to consider potential impacts to transportation and traffic. The analysis was based upon a variety of sources, including the General Plan Mobility Element and the Institute of Transportation Engineers' Trip Generation Manual. Ultimate development of the site will result in the construction of senior living housing units of up to three stories height. The impacts of the project are discussed below. -60- Discussion of Impacts a, b) Less Than Significant Impact. The ITE land use category for this analysis was No. 252, "Senior Adult Housing — Attached" to consider the traffic that would be generated by the site. The proposed project's use as senior living housing units is consistent with this definition. The City has established a goal for both intersection operations and roadway link segment operations of Level of Service (LOS) D or better, which is consistent with the Riverside County Congestion Management Program. The California Department of Transportation endeavors to maintain a target Level of Service at the transition between Level of Service C and D (maximum 35 seconds of control delay). Existing Conditions Existing major roadways in the vicinity of the project site include Country Club Drive, Portola Avenue, and Cook Street. At buildout, these major roadways can carry approximately 34, 900 (avg.), 14,600 (avg.), and 21,700 (avg.), vehicles per day, respectively. Existing General Plan conditions and traffic analysis indicate that Portola Avenue,and Cook Street are operating at LOS C. which is considered acceptable, and Country Club Drive is operating at LOS D, which is considered acceptable. Project Trip Generation Vehicle trip rates were derived from the Institute of Transportation Engineers (ITE) Trip Generation Manual,an ITE Informational Report. For analysis purposes,the 1TE land use category No. 252,"Senior Adult Housing—Attached"was used to define the proposed project,and category No. 210, "Single Family, Detached" for the current Iand use designation. Based on this information,a desktop traffic analysis was performed resulting in an average daily trip rate(ADT) of approximately 392 and 571 daily vehicle trips per day for current General Plan Land Use Designation (PA-5) and proposed land use (PA-20),respectively (Table 5). Table 5 _ Traffic Generation Summary Rate PM Peak PM Peak Hour Land Use 1TE Units Weekday Period Expected Units In Out Total Daily Daily Rate Traffic Project Trip Generation Based on the General Plan Land Use Designation PA-5) Single Family— 210 DU 9.57 1.01 41 26 15 41 392 Detached Project Trip Generation Based on the General Plan Land Use Designation(PA-20) Senior Adult Housing— 252 DU 3.48 0.16 164 16 10 26 571 Attached -61- Future Traffic Impacts The proposed project will generate 571 trips per day, higher than might be expected from an PA- T land use on the subject property. Country Club Drive is a"Vehicular Oriented Arterial"designed to accommodate 34,900 700 (avg.), vehicles per day, including the subject site development. Addition of the 179 trips per day to the Country Club Drive would be considered a less than significant impact. The project will not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, and applicable congestion management program,of the City. The proposed project would have a less than significant impact on traffic in the area due to the addition of 179 trips per day to the Country Club Drive as analyzed in the General Plan. c) No Impact. The Bermuda Dune Airport(UDD) is located approximately 5.60 miles southeast of the subject property. The development of the proposed project will have no impact on the facilities or operations of regional airports, and will not result in a change in air traffic patterns. It will also not create substantial safety risks. No project-related impact will occur. d) No Impact. The project will be developed in accordance with City design guidelines and will not create a substantial increase in hazards due to a design feature. The project's access points will be located with adequate sight distances,and project-generated traffic will be consistent with existing and projected traffic in the area. No project related impact is anticipated. e) No Impact. The project site is proposed to have access to County Club Drive which is part of the City's existing road way system. Regional access to the project site will be provided via major arterials, secondary arterials and a variety of local roads. Prior to construction, both the Fire Department and Police Department will review the project site plan to ensure safety measures are addressed, including emergency access. The proposed project will not result in inadequate emergency access. No impact is anticipated. f} No Impact. Based on the Active Transportation Plan, prepared by the Coachella Valley Association of Governments (CVAG), bicycle facilities exist along the Country Club Drive. No Additional facilities are proposed along Country Club Drive. SunLine Transit Agency provides bus transit services to the Coachella Valley, including the City of Palm Desert. Sunline Transit Agency Line# 20 currently provides service along Cook Street and the closest bus stop is on Cook Street, south of Country Club Drive. Residents of the project will also have access to SunDial services,which provide on-call pick up and drop off services. The proposed project would have less than significant impact on this service. Overall, the proposed project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities. or otherwise decrease the performance or safety of such facilities. No project related impact is anticipated. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan, 2016; Active Transportation Plan, prepared by the Coachella Valley Association of Governments(CVAG). -62- XVII. TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Potentially Less Than Less Than No Resources Code section 21074 as either a Significant Significant with Significant Impact site, feature, place, cultural landscape Impact Mitigation Impact that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as X defined in Public Resources Code section 5020.1(k),or b)A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision(c)of Public Resources Code Section 5024.1. In applying X the criteria set forth in subdivision(c)of Public Resources Code Section 5024.1,the lead agency shall consider the significance of the resource to a California Native American tribe. Setting As discussed in the Section V, Cultural Resources, the traditional peoples of the Coachella Valley were Cahuilla Indians. They were Takic-speaking and are generally divided by anthropologists into three groups: the Pass Cahuilla of the San Gorgonio Pass-Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Coachella Valley, and the Desert Cahuilla of the eastern Coachella Valley. Archaeological resources from these inhabitants are sparsely distributed within the city boundaries. Today,Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one of the Indian reservations in and near the Coachella Valley, including Cabazon, Augustine, Torres Martinez, Twenty- nine Palms, Agua Caliente,and Morongo. Based on an Eastern Information Center (EIC) records search, historical background research, field survey,and consultation responses,no historical or archaeological resources were identified on the project sites as discussed above in Section V. Ultimate development of the site will result in the construction of senior living housing units. The impacts of the project are discussed below. -63- Discussion of Impacts a, b) Less Than Significant Impact. As mentioned earlier in Section V, Cultural Resources, based on the historical data sources, the earliest settlement and development activities in or near the project area occurred in the post-World War II era and no man-made features of any kind were known to be present within a one-mile radius of the project area till 1941. No historic materials or activities are found on the site. As recommended by the Native American Heritage Commission (NAHC),CRM TECH contacted local tribes regarding potential Native American Cultural resources including tribal cultural resources onsite. In addition, as part of the preparation of the cultural resource report for this project, CRM TECH contacted sixteen designated tribal spokespersons. In response to this correspondence, only five tribal representatives (Bobby Ray Esparza from the Cahuilla Band of Indians. Judy Stapp from the Cabazon Band of Mission Indians, Katie Croft from the Tribal Historic Preservation Office for the Agua Caliente Band of Cahuilla Indians (ACBCI THPO), Amanda Vance from the Augustine Band of Cahuilla Indians, and Sarah Bliss from the Twenty- nine Palms Band of Mission Indians) have responded in writing. All these representatives except the ACBCI stated that they do not have knowledge of any cultural resources within or near the project area and the site is outside their traditional use lands. Two tribes (the ACBCI and the Twenty-Nine Palms) have requested a copy of the completed cultural resource survey. Only the Augustine Band of Cahuilla Indians have particularly requested the Applicant have a monitor, qualified in Native American cultural resources identification during the pre-construction and construction phase of the project. Overall, based on the EIC records search, historical background research. field survey, and consultation responses, no historical or archaeological resources were identified on the project sites that would be listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). In addition,no resource listed or determined by the lead agency significant for a California Native American tribe was found on the site. Mitigation measures are included in Section V to assure that buried resources, if they occur, are not impacted by the proposed project. Impacts to tribal resources are expected to be less than significant. Mitigation Measures: See Section V. Monitoring: See Section V. Source: Palm Desert General Plan,2016;"Historical/Archaeological Resources Survey,"prepared by CRM TECH in May 1. 2018. -64- XVIII. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less Than Significant Significant with Significant No Impact Mitigation Impact impact Would the project: a) Exceed wastewater treatment requirements of the applicable Regional N Water Quality Control Board? b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the X construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements X and resources, or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g)Comply with federal, state, and local statutes and regulations related to solid X waste? Setting The Coachella Valley Water District (CVWD) provides domestic water to the project area. Its primary source of domestic water is groundwater extracted by deep wells from the Whitewater River sub-basin. The Coachella Valley Water District(CVWD)treats and recycles wastewater at two wastewater treatment plants (WRP-9 and WRP-14). Existing sewer mains occur beneath Country Club Drive, and service surrounding developments in the area. -65- Waste Management of the Desert provides solid waste disposal, through a franchise agreement with the City, and will be responsible for collection and disposal of solid waste from the project site. Trash and recycled materials are collected from customers in the City and transported to the Badlands Landfill, located at 31125 Ironwood Avenue,Moreno Valley. Other possible alternatives include the Lamb Canyon Landfill and El Sobrante Landfill. The County of Riverside operates all these landfills. Ultimate development of the site will result in the construction of senior living housing units.The impacts of the project are discussed below. Discussion of Impacts a, e) Less Than Significant Impact. The CVWD treats and recycles wastewater at two wastewater treatment plants (WRP-9 and WRP-10) for the City of Palm Desert and surrounding areas. These two plants have a total capacity of 18.40 million gallons per day. Recycled water from these facilities has been used for golf course and greenbelt irrigation in the Palm Desert area for many years, thereby reducing demand on the groundwater basin. A third facility (WRP 7), located north of Indio, began providing recycled water for golf course and greenbelt irrigation in 1997. CVWD continually increases the capacity of its wastewater reclamation facilities by constructing new treatment ponds, aeration, and other structures throughout the Coachella Valley. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. CVWD is responsible for removing contaminants from wastewater. These contaminants include physical, chemical and biological materials. CVWD currently operates and maintains 30 sewage lift stations throughout the collection system. The lift stations are operated and maintained by two different departments, Collection Systems and Trades and Support,within CVWD. The project will require construction of onsite sewer infrastructure that will be connected to existing sewer lines along Country Club Drive, and wastewater will be transported to wastewater treatment plants which have a total capacity of 18.40 million gallons per day. CVWD has the capability of expanding the capacity of WRP-10 from 18 million gallons per day to 24 million gallons per day. Buildout of the site will include 164 senior living housing units. Based on the CVWD's wastewater flow per equivalent dwelling unit(EDU)of 200 gallons per day,the project would generate 32,800 gallons per day of wastewater, which is less than 1%of wastewater treatment plants' capacity. The project site will be connected to the CVWD's wastewater treatment facilities and is subject to wastewater treatment standards established by the Regional Water Quality Control Board. All components of the proposed project will be required to design facilities consistent with CVWD and Regional Board standards. These standards and requirements will assure that impacts associated with wastewater standards will be less than significant. b, d) Less Than Significant Impact. The proposed project will require water for domestic use and landscape irrigation for the senior living housing units.As discussed in Section IX. Hydrology and Water Quality,the total water demand for the project would be 16.48 acre-feet per year. According to CVWD's latest Urban Water Management Plan(2015), approximately 28.8 million acre-feet of water is stored in the Whitewater River sub-basin and the proposed project's water demand will be -66- less than 1 percent of CVWD's groundwater supplies. Further,the project will use marginally less water than a single family development, as would be allowed under current zoning standards. Therefore, project impacts associated with domestic water demand are expected to be less than significant. The proposed project will be required to implement all water conservation measures imposed by CVWD under both normal and drought conditions over the life of the project. The proposed project will tie into existing domestic water lines in Country CIub Drive. No new wells or additional water infrastructure or entitlements will be required. c) Less Than Significant Impact. Storm water drainage infrastructure within the City of Palm Desert consists of a network of regional and local drainage systems, which are ultimately interrelated. The regional and local drainage system includes natural and improved streams, storm drains, storm channels, and catch basins intended to manage stormwater that flows into the Whitewater Storm Water Channel, Deep Canyon Stormwater Channel, Palm Valley Stormwater Channel, Mid-Valley Stormwater Channel, Dead Indian Channel, Ironwood Channel, and Portola and Haystack Channels. The Coachella Valley Water District (CVWD), the Riverside County Flood Control District, and the City of Palm Desert control this drainage system. A Preliminary Water Quality Management Plan will be required for the project site to fulfill the City's requirements for the entitlement of the proposed project. As discussed in Section IX, Hydrology and Water Resources, the project site will be required to retain and infiltrate the 100 year storm event on-site. As part of the plan. the system would include system BMPs, designed to control pollutants that enter the system, and will not affect water quality. Less than significant impact will be anticipated with the preparation of the Preliminary Water Quality Management Plan and implementation of the designed BMPs. f, g) Less Than Significant Impact. The City has an exclusive franchise agreement with Waste Management of the Desert"Burrtec"for its collection and disposal of solid waste from the project site. All waste generated on the project site will be collected and transported to the transfer station located in Cathedral City, west of the City. Once sorted, solid waste will be transported to regional landfills. These landfills are owned and operated by Riverside County. The closest landfills,Lamb Canyon and Badlands, have a combined capacity of up to 66,601,993 cubic yards which is more than sufficient to accommodate project's solid waste. Burrtec is a regional commercial vendor which works with Coachella Valley's cities and Riverside County to haul the solid waste to locations which are permitted under County codes. It is also required to comply with local.regional and state requirements associated with solid waste disposal. Impacts will be less than significant. Mitigation Measures: None. Monitoring: None. Source: Palm Desert General Plan, 2016; Ordinance No. 1422.3 titled "Ordinance of the Coachella Valley Water District Imposing Revised and Additional Restrictions on Water Use to Comply with Statewide Drought Regulations", http:llwv,wcvwd.org/ArchiveCenter/ViewFilelltem/5l1, Accessed in April, 2018; CVWD 4.18-1 Draft EIR Chromium-6 Water Treatment Facilities Project-Utilities and Service Systems Section; CVWD Sanitary Sewer Management Plant(2015); CV WD's Urban Water Management Plan December 2005(Final report). -67- XVIV. MANDATORY FINDINGS OF Potentially Less Than Less Than SIGNIFICANCE Significant Significant with Significant No Does the project: Impact Mitigation Impact Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining X levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable?("Cumulatively considerable" means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse X effects on human beings,either directly or indirectly? a) Less Than Significant Impact with Mitigation Incorporated. Biological Resources The project site is not located within the boundaries of a CVMSHCP-designated conservation area and does not contain any wildlife corridors or biological linkage areas. However.the site is subject to payment of the Development Mitigation Fee to mitigate potential impacts to covered species. The proposed project will not significantly reduce fish or wildlife habitat or otherwise adversely impact a fish or wildlife species. The construction of the project has the potential to impact nesting birds, but the mitigation measures included in this document will reduce those impacts to less than significant levels. Cultural Resources The site has a low probability of containing archaeological resources, and there are no historic structures on site which represent a major period of California history or prehistory. The potential exists that resources could be uncovered during site grading, which could result in a significant impact to archaeological resources. The mitigation measures in this document, however, will reduce these impacts to less than significant levels. b) Less Than Significant Impact. The project will contribute to the cumulative impacts of development in the City of Palm Desert and broader Coachella Valley. A significant impact could occur if the proposed project, in conjunction with related projects, would result in impacts that -68- would be less than significant when viewed separately, but would be significant when viewed - together. The impacts of the proposed project are individually limited and not cumulatively considerable. All environmental impacts that could occur as a result of the proposed project would be less than significant, and when viewed in conjunction with other closely related past,present or reasonably foreseeable future projects, would not be significant. c) Less Than Significant Impact with Mitigation Incorporated. This Initial Study identifies potential impacts associated with noise and vibration as a result of construction activities of the proposed project. Once completed,the noise levels on the project site will be similar to noise levels in the area currently and will be within acceptable levels as defined by the General Plan.Mitigation measures have been included in this Initial Study to assure that impacts associated with construction activities are reduced to less than significant levels. -69- - References: I. AESTHETICS Source:City of Palm Desert General Plan,2016;Palm Desert Zoning Ordinance;Project's Site Plan and Architectural Design Plans;Google Earth Pro 7.3.1.4507; Visual Simulations of the Project Site created by Visionscape Imagery(April 2018). II. AGRICULTURE RESOURCES Source:City of Palm Desert General Plan,2016;"Riverside County Important Farmland 2010 Map,"sheet 2 of 3,California Department of Conservation,published January 2012. III. AIR QUALITY Source: City of Palm Desert General Plan, 2016;"Final 2016 Air Quality Management Plan,"prepared by South Coast Air Quality Management District, March 2017; "Final Localized Significance Threshold Methodology," prepared by the South Coast Air Quality Management District,Revised,July 2008;"2003 Coachella Valley PMio State Implementation Plan,"August 1,2003;CalEEMod Version 2016.3.1;Project materials. IV. BIOLOGICAL RESOURCES Source: City of Palm Desert General Plan,2016; Final Recirculated Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan prepared by CVAG in 2007. V. CULTURAL RESOURCES Source: Palm Desert General Plan,2016;"Historical/Archaeological Resources Survey,"prepared by CRM TECH in May 1, 2018. VI. GEOLOGY AND SOILS Source: Palm Desert General Plan, 2016;"Soil Survey of Riverside County, California,Coachella Valley Area," U.S. Dept. of Agriculture Soil Conservation Service, 1980; Geology of the Coachella Valley and Salton Trough Region, prepared by USGS; "Custom Soil Resources Report for Riverside County, Coachella Valley Area, California," prepared by Terra Nova Planning and Research, Inc.in April 2018;GeoTracker GAMA(Groundwater Ambient Monitoring and Assessment Program) Online Database by State Water Resources Control Board;Accessed April 2018. VII. GREENHOUSE GAS EMISSIONS Source: Palm Desert General Plan, 2016;"Final 2016 Air Quality Management Plan,"prepared by South Coast Air Quality Management District,March 2017;"Final Localized Significance Threshold Methodology,"prepared by the South Coast Air Quality Management District,Revised,July 2008;"2003 Coachella Valley PMio State Implementation Plan,"August 1,2003; CalEEMod Version 2016.3.1. VIII. HAZARDS AND HAZARDOUS MATERIALS Source: Palm Desert General Plan,2016;California Department of Toxic Substances Control Hazardous Waste,Accessed on April 05,2018;State Water Resources Control Board,Accessed on April 05,2018. IX. HYDROLOGY AND WATER QUALITY Source: Palm Desert General Plan, 2016; Coachella Valley Water Management Plan Update (Final Report), January 2012; CVWD Engineer's Report on Water Supply and Replenishment Assessment 2016-2017;CVWD's Urban Water Management Plan December 2005 (Final report). -70- "elm. X. LAND USE AND PLANNING Source:Palm Desert General Plan,2016;North Sphere Specific Plan(2004). XI. MINERAL RESOURCES Source: Palm Desert General Plan,2016. XII. NOISE Source: Palm Desert General Plan and General Plan EIR,2016. XIII. POPULATION AND HOUSING Source:Palm Desert General Plan EIR,2016;CA Department of Finance Table E-1 Population and Housing Estimates,2017. XIV. PUBLIC SERVICES Source: Palm Desert General Plan,2016. XV. RECREATION Source: Palm Desert General Plan,2016. XVI. TRANSPORTATION/TRAFFIC Source: Palm Desert General Plan, 2016; Active Transportation Plan, prepared by the Coachella Valley Association of Governments(CVAG). XVII. TRIBAL CULTURAL RESOURCES Source: Palm Desert General Plan,2016;"Historical/Archaeological Resources Survey,"prepared by CRM TECH in May 1, 2018. XVIII. UTILITIES AND SERVICE SYSTEMS Source: Palm Desert General Plan, 2016; Ordinance No. 1422.3 titled "Ordinance of the Coachella Valley Water District Imposing Revised and Additional Restrictions on Water Use to Comply with Statewide Drought Regulations", http://www.cvwd.org/ArchiveCenter/ViewFile/Item/511, Accessed in April, 2018; CVWD 4.18-1 Draft EIR Chromium-6 Water Treatment Facilities Project-Utilities and Service Systems Section; CVWD Sanitary Sewer Management Plant(2015); CVWD's Urban Water Management Plan December 2005(Final report). -71- r Appendix A CalEEMOD Air Quality and GHG Modeling Available at City Hall -72- Appendix B Cultural Resource Survey Available at City Hall -73- A. Appendix C Customized Soil Map Available at City Hall -74- CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 18-0003, CZ 18-0002, and TPM 37512 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVING A CHANGE OF ZONE, A PRECISE PLAN OF DESIGN, AND A TENTATIVE PARCEL MAP (TPM) TO CONSTRUCT A SENIOR LIVING PROJECT OF 164 UNITS INCLUDING A CLUBHOUSE BUILDING LOCATED AT 74300 COUNTRY CLUB DRIVE; AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed a Mitigated Negative Declaration to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 74300 Country Club Drive Project Description: The project consists of a precise plan of approval to construct 164 senior units and a clubhouse with a pool, a change of zone from five (5) to twenty (20) du/acre, and a tentative tract map to merge two (2) parcels into one (1). Recommendation: Staff is recommending that the City Council approve the project request. Public Hearing: The public hearing will be held before the City Council on November 15, 2018, at 4:00 p.m. in the Council Chamber of the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California. Comment Period: The public comment period for this project is from November 3, 2018, to November 15, 2018. Public Review: The project plans are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk NOVEMBER 3, 2018 Palm Desert City Council THE WOLFF COMPANY Since 1949 July 9, 2018 Via E-mail Only Mr. Kevin Swartz, Associate Planner City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Subject: Affordable Housing Fee Offer The Wolff Company Senior Housing Project at County Club Drive and Portola Avenue—Revel Palm Desert Dear Kevin: After multiple meetings with City staff, meeting with City Council and two prior proposals we are writing to come to an agreement regarding our affordable housing fee proposal. The Wolff Company (TWC) understands and appreciates Palm Desert's goal of addressing its shortage of affordable housing. We share the City's view that affordable housing makes a community stronger and look forward to being a long-term member of such a community. In the spirit of a strong community, we desire this project's affordable fee to be equitable and economically feasible. Just as no single project can undo the social impact of decades of housing cost increases, community interests are not advanced if the fee burden on a single project is so intense that the project cannot be built. Our initial market research indicated that an affordable fee of $2/SF was appropriate, and as such, we presented an initial proposal at this amount. After receipt of our proposal, the City provided an analysis and based upon further review of an appropriate affordable fee it was determined that a fee of $5/SF was supportable and feasible, albeit a large financial burden to the project. As a result of the City's design review process, we revised our project design to respond to the City's comments. This required us to expend approximately $500,000 in additional unforeseen development costs increasing our project budget by $500,000. We also have thoroughly reviewed and assessed the maximum amount of affordable housing fee the project can feasibly absorb. Our review has included applying project contingencies towards the payment of the fee and incorporating the deferment of the fee as outlined below. After these adjustments the absolute maximum fee we can contribute is $9.86/net rentable square foot. This contributes -$1,350,000 to the City for affordable housing. This increase requires stripping out contingencies, using funds set aside for other potential issues or project shortfalls and assumes a predictable approval process. As we have increased our fee in good faith we hope we can work together with the City in a collaborative process to expeditiously move the project forward (consistent with how the project has been processed to date). Significant costs are incurred in delays of a project and with applying project contingencies to the affordable housing fee we hope that the City can be supportive in the swift processing of our project. In an effort to provide the maximum fee and based upon our conversations we assumed deferring the payment of such fee. By deferring the fee as outlined below, financing costs are reduced, ultimately allowing us to pay the proposed increased fee. The deferment of the fee is proposed as follows: i. One half of such fee ($675,000) would be paid upon final Certificate of Occupancy of Phase I of the 3-story construction of the project. ii. The remaining balance, one half of such fee ($675,000), would be paid prior to final Certificate of Occupancy for all of the units. Please confirm acceptance of our proposal. Not only will this project provide a benefit to the community via the affordable fee contribution it will fulfill an acute need for a growing senior population. We look forward to working closely together for the benefit of the entire community on the successful development of this project. Very truly yours, David Todd The Wolff Company