HomeMy WebLinkAboutRes 2025-010RESOLUTION NO. 2025-010
A RESOLUTION OF THE PALM DESERT CITY COUNCIL ADOPTING AN
INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO.
2023090542) AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT
IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the City of Palm Desert (“City”) proposes to construct improvements
to the existing Haystack Channel located generally between Alamo Drive and Portola
Avenue to re-establish original channel capacity, improve runoff capture and percolation,
and to limit the potential for future channel degradation on facilities (Project) located north
of Haystack Road in the City of Palm Desert, Riverside County, California, and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of
Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the
Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
prepared an Initial Study to determine if the Project may have a significant effect on the
environment and to evaluate whether an Environmental Impact Report (EIR) was
required; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for
Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA
Implementation Requirements, an Initial Study/Mitigated Negative Declaration (IS/MND),
SCH No. 2023090542 was prepared for the Project; and
WHEREAS, based on the information contained in the IS/MND, which concluded
that the Project could have potentially significant impacts but that those impacts could be
reduced to less than significant levels with the implementation of certain mitigation
measures, the City prepared a Mitigation Monitoring and Reporting Program (MMRP)
pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section
15074(d); and
WHEREAS, in accordance with State CEQA Guidelines section 15072, a Notice
of Intent to Adopt a Mitigated Negative Declaration (NOI) was prepared and filed with the
County Clerk of the County of Riverside on September 25, 2023, and the City provided
and publicly posted the NOI in the manner required by CEQA on September 25, 2023;
and
WHEREAS, in accordance with State CEQA Guidelines section 15073, the MND
was circulated for a 30-day review period from September 25, 2023 to October 24, 2023
by: (1) filing a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) with the
State Clearinghouse; (2) filing a NOI with the Riverside County Clerk; (3) placing a NOI
in the Desert Sun newspaper, a newspaper of general circulation; (4) mailing a NOI to
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various interested persons, agencies and tribes; and (5) posting a NOI on the City’s
website; and
WHEREAS, during the public comment period, copies of the Initial Study and
technical appendices were available for review and inspection at the Palm Desert City
Hall, 73-510 Fred Waring Drive, Palm Desert, CA 92260, and on the City’s website; and
WHEREAS, during the public comment period, the City consulted with and
requested comments from all responsible and trustee agencies, other regulatory
agencies, and others pursuant to State CEQA Guidelines section 15073; and
WHEREAS, during the public comment period, the City received three (3)
comment letters from the Riverside County Flood Control District, the Agua Caliente Band
of Cahuilla Indians and the California Department of Fish and Wildlife (CDFW); and
WHEREAS, minor revisions were made to the IS/MND in response to CDFW
comments and recirculation was not required as new information was added which made
insignificant modifications of the IS/MND; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the Project; and
WHEREAS all the requirements of the CEQA have been satisfied by the City in
connection with the preparation of the Initial Study, which is fully detailed so that all of the
potentially significant environmental effects of the Project have been fully evaluated; and
WHEREAS, the IS/MND prepared in connection with the Project fully analyzes
both the feasible mitigation measures necessary to avoid or substantially lessen the
Project’s potential environmental impacts; and
WHEREAS, all of the findings and conclusions made by the City purs uant to this
Resolution are based upon the oral and written evidence presented to it as a whole and
the entirety of the administrative record for the Project, which are incorporated herein by
reference, not based solely on the information provided in this Resolution; and
WHEREAS, on November 7, 2024, the City Public Works Department conducted
a public scoping meeting on the Project design, at which time all persons wishing to speak
were heard, comments on the Project were noted and fully considered; and
WHEREAS, on May 7, 2024, June 4, 2024, and January 7, 2025, the Planning
Commission conducted duly noticed public meetings on this action and on January 7,
2025, adopted Planning Commission Resolution No. 2864 recommending that the Palm
Desert City Council adopt the MND and MMRP; and
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WHEREAS, on February 13, 2025, the Palm Desert City Council conducted a duly
noticed public hearing, at which all persons wishing to testify were heard and the Project
was fully considered; and
WHEREAS, prior to taking action, the City Council has heard, been presented with,
reviewed and considered all of the information and data in the administrative record,
including the IS/MND, Mitigation Monitoring and Reporting Program, and all oral and
written evidence presented to it during all meetings; and
WHEREAS, the IS/MND reflects the independent judgment of the City Council and
is fully adequate for purposes of making decisions on the merits of the Project and
WHEREAS, no comments submitted during the public review period , or made
during the public hearing conducted by the City Council, and no additional information
submitted to the City requires substantial revisions to the MND necessitating recirculation
or additional environmental review of the Project under State CEQA Guidelines section
15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Compliance With The California Environmental Quality Act. The City
Council has reviewed and considered the information contained in the revised IS/MND,
comments received, and other documents contained in the administrative record for the
Project. The City Council finds that the revised IS/MND contains a complete and accurate
reporting of the environmental impacts associated with the Project. The City Council finds
that the revised IS/MND has been completed in compliance with CEQA, the State CEQA
Guidelines, and the City’s Local CEQA Guidelines.
SECTION 3. Findings On Environmental Impacts. Based on the whole record
before it, including the revised IS/MND, the administrative record and all other written
and oral evidence presented to the City Council, the City Council finds that all
environmental impacts of the Project are either less than significant or can be mitigated
to less than significant levels with the mitigation measures outlined in the revised
IS/MND, and the Mitigation Monitoring and Reporting Program. The City Council find s
that there is no substantial evidence in the administrative record supporting a fair
argument that the Project may result in any significant environmental impact. The
Council finds that the revised IS/MND contains a complete, objective, and accurate
reporting of the environmental impacts associated with the Project and reflects the
independent judgment and analysis of the City.
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SECTION 4. Project Description. The Haystack Channel has been in place for
several decades and was constructed to intercept north-flowing tributary flows crossing
Haystack Road and to convey them to the Portola Avenue culvert and into a series of golf
course drainage system systems farther east. The Project proposes approximately one mile
of improvements to rehabilitate the portion of the channel extending from Alamo Drive
eastward to the Portola Avenue culvert. These improvements are intended to capture and
convey storm runoff and nuisance water to drains located between Alamo Drive and
Heliotrope Drive, to optimize the hydraulic capacity of the culverts crossing under Alamo
Drive, Heliotrope Drive, and Portola Avenue, as well to remediate diminished channel
capacity and protect storm drain outlets east of Heliotrope Drive.
SECTION 5. Findings. The City Council makes the following findings:
a. The proposed Project is consistent and in conformity with the City’s
plans and policies specifically relating to the development of flood control facilities.
b. The subject property is suitable for the planned uses, in terms of
access, size of parcel, relationship to similar or complementary uses, and other
relevant considerations, including the surrounding land uses and public streets,
and applicable policies of the Palm Desert General Plan, as amended.
c. The proposed Project is necessary and proper and is not likely to be
detrimental to adjacent property or residents.
SECTION 6. Adoption of Initial Study/Mitigated Negative Declaration. The City
Council hereby approves and adopts the Initial Study/Mitigated Negative Declaration,
attached hereto as “EXHIBIT ‘B’”.
SECTION 7. Adoption of Mitigation Monitoring and Reporting Program. The City
Council approves and adopts the Mitigation Monitoring and Reporting Program attached
to this Resolution as “EXHIBIT ‘A’” Implementation of the Mitigation Measures contained
in the Mitigation Monitoring and Reporting Program is hereby made a condition of
approval of the Project. In the event of any inconsistencies between the Mitigation
Measures set forth herein and the Mitigation Monitoring and Reporting Program, t he
Mitigation Monitoring and Reporting Program shall control. In the event of any
inconsistencies between the Mitigation Monitoring and Reporting Program and State,
federal, and local laws, the State, federal, and local laws shall control.
SECTION 8. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City’s
office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the
City Clerk of the City of Palm Desert is the custodian of the record of proceedings.
SECTION 9. Notice of Determination. A Notice of Determination shall be filed with
the Riverside County Clerk within five (5) working days after the adoption of the Final
Initial Study/Mitigated Negative Declaration by the Palm Desert City Council.
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SECTION 10. Execution of Resolution. The Mayor signs this Resolution, and the
City Clerk of the City of Palm Desert shall attest and certify to the passage and adoption
thereof.
ADOPTED ON February 13, 2025.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Resolution No. 2025-010 is a full, true, and correct copy, and was duly adopted
at a regular meeting of the Palm Desert City Council held on February 13, 2025, by the
following vote:
AYES: NESTANDE, QUINTANILLA, AND TRUBEE
NOES: NONE
ABSENT: HARNIK
ABSTAIN: NONE
RECUSED: PRADETTO
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
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Resolution No. 2025-010 Page 6
EXHIBIT “A”
ENVIRONMENTAL INITIAL STUDY
Haystack Channel Improvement Project
CEQA
Mitigation Monitoring and Reporting Program
Biological Resources
BIO-1 Migratory Bird Treaty Act
If ground disturbance or tree or plant removal is proposed between February 1st
and August 31st, a qualified avian biologist shall conduct a nesting bird survey
within three (3) days of initiation of grading onsite, focusing on MBTA covered
species, including burrowing owl. Surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and nesting behavior. The qualified
avian biologists will make every effort to avoid potential nest predation as a result
of survey and monitoring efforts. If active nests are reported, then species -
specific measures shall be prepared. At a minimum, grading in the vicinity of a
nest shall be postponed until the young birds have fledged. For construction that
occurs between September 1st and January 31st, no pre-construction nesting
bird survey is required. In the event active nests are found, exclusionary fencing
shall be placed around the nests until such time as nestlings have fledged.
Avoidance buffers shall be 100 to 300 feet from the nests of unlisted songbirds,
and 500 feet from the nests of birds -of-prey and listed species. If nests are
detected, a smaller or larger buffer may be determined by the qualified avian
biologist.
BIO-2 Burrowing Owl Habitat Assessment
No less than 60 days prior to the start of Project-related activities, a burrowing
owl habitat assessment shall again be conducted by a qualified avian biol ogist
and in conformance with Appendix C of the CDFW 2012 “Staff Report on
Burrowing Owl Mitigation”. If the assessment identifies suitable burrowing owl
habitat, then focused burrowing owl surveys shall be conducted by a qualified
avian biologist in conformance with CDFW protocol. If burrowing owls are
detected during focused owl surveys a burrowing owl management plan shall be
prepared and submitted to CDFW for approval prior to implementation and
commencement of Project activities.
BIO-3 Bats
While not previously detected, the potential exists for Project area vegetation,
including desert fan palms located in the eastern portion of the project, to provide
habitat for the western yellow bat. Therefore, if Project commencement occurs
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either between April and June or between November and January, a bat survey
shall be conducted by a qualified bat biologist during favorable weather
conditions. An appropriate time of day (before sunrise or at dusk). If occupied
sites are identified in the work area (or within 500 feet if a maternity roost), an
appropriate buffer shall be established, including a minimum of a 500 -foot buffer
around identified maternity roosting sites. If bat presence is established, Project
construction shall not occur between 30 minut es before sunset or 30 minutes
after sunrise.
BIO-4 Post-Construction Landscaping
For that portion of the Project extending east from Heliotrope Drive to Portola
Avenue, if the reintroduction of landscaping is planned, it should be comprised
of appropriate native and/or non-native, non-invasive drought tolerant vegetation.
The Project landscape plans shall conform with the recommended and prohibited
plant list found in the Coachella Valley MSHCP.
Monitoring and Reporting:
BIO-A If a nesting bird survey is required, the Project biologist shall provide the City with
a letter report of findings regarding the occurrence of nesting birds and any
prescribed exclusionary fencing and monitoring. The report shall be attached to
the grading permit for the Project.
Responsible Parties: Project Biologist, City Project Manager
Schedule: If required, prior to issuance of any permits that result in ground
disturbance
BIO-B If a burrowing owl habitat assessment survey is required, the Project biologist
shall provide the City with a report of findings regarding the occurrence of
burrowing owl and shall prepare and implement focused burrowing owl surveys.
If burrowing owl are detected and occupied burrows identified, avoidance,
minimization and mitigation shall be implemented in consultation with CDFW.
Responsible Parties: Project Biologist, City Project Manager
Schedule: If required, prior to issuance of any permits that result in ground
disturbance
BIO-C If a bat survey is required, the Project biologist shall provide the City with a letter
report of findings regarding the occurrence of bats and sha ll establish appropriate
buffers.
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Responsible Parties: Project Biologist, City Project Manager
Schedule: If required, prior to issuance of any permits that result in ground
disturbance
Cultural Resources
CUL-1 If buried cultural materials are discovered during grubbing, grading,
trenching, excavation, or any other earth -moving activities on the Project
site, all work in the area must be halted until a qualified archaeologist can
evaluate the nature and significance of the finds.
Monitoring and Reporting:
CUL-A A report of findings shall be filed with the City, including an itemized
inventory of the identified cultural materials, and upon completion of the field
and laboratory work, an analysis of any recovered artifacts.
Responsible Parties: Project applicant, Project archaeologist, Public
Works Department, Development Services Department, City Engineer.
Schedule: Within 30 days of the completion of ground disturbing activities
on the Project site.
Hydrology and Water Quality Resources
HYD-1 Project Plan Review
Prior to finalizing the hydraulic design and engineering plans for Haystack
Channel improvements, said plans shall be reviewed and approved by the City
Engineer to ensure that these improvements do no t interfere with or adversely
affect channel capacity or the ability of City to manage and maintain these
facilities.
HYD-2 NPDES Requirements
The Project shall comply with the requirements of the National Pollution
Discharge Elimination System (NPDES).
HYD-3 General BMPs
The implementation of BMPs during construction activities shall ensure that
erosion and siltation from earthmoving and other construction activities is limited.
Exposed soil from excavated areas, stockpiles, and other areas where ground
cover is removed shall be stabilized by wetting or other approved means to avoid
or minimize the inadvertent transport by wind or water. Temporary construction
BMPs considered and incorporated into the project, as appropriate, would
include:
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Soil stabilization (erosion control) techniques such as on-going site watering,
soil binders, etc.;
Sediment control methods such as detention basins, silt fences, and dust
control;
Temporary de-silting basins may be constructed incrementally along the
channel, as needed, to store and clarify water adjoining de-watered areas in
the channel, and will be backfilled as side slope lining progresses
downstream.
Contractor training programs;
Material transfer practices;
Waste management practices such as providing designated storage areas
and containers for specific waste for regular collection;
Concrete washout slurry shall be discharged and disposed of in an approved
manner;
Channel cleaning/tracking control practices;
Vehicle and equipment cleaning and maintenance practices; and
Fueling practices.
HYD-4 Stormwater Pollution Prevention Plan
The construction contractor shall implement a City-approved (SWPPP) during
construction of the Project. The SWPPP shall identify specific best management
practices (BMPs) that will be implemented during project construction. BMPs
implemented as a part of the project will ensure that the project meets the
requirements of the California State Water Resources Control Board NPDES
Construction General Permit.
Construction-related erosion and sediment controls, including any necessary
stabilization practices or structural controls, shall be implemented at and in all
potentially affected drainages. General structural practices may include , but are
not limited to, silt fences, earth dikes, drainage swales, sediment traps, check
dams, reinforced soil retaining systems, temporary or permanent sediment
basins and flow diversion.
Temporary erosion and sediment control measures shall be installed during or
immediately after initial disturbance of the soil, maintained throughout
construction (on a daily basis), and reinstalled until replaced by permanent
erosion control structures or final grading and other site disturbances are
complete. In addition, the following specific actions shall be taken to ensure that
impacts are less than significant.
a) The construction shall be avoided within the limits of identified waterways as
depicted on the Jurisdictional Delineation Report prepared for this IS/MN D,
except as authorized by federal, state or local permits.
b) Protect inlets and outlets of culverts from construction material intrusions
using temporary berms to prevent channel incision, erosion, and
sedimentation.
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c) Erosion control measures appropriate for on-the-ground conditions, including
percent slope, length of slope, and soil type and erosive factor, shall be
implemented.
d) Temporary erosion controls such as straw bales and tubes, geotextiles and
other appropriate diversion and impounding materials and facilities shall be
properly maintained throughout construction (on a daily basis) and reinstalled
(such as after backfilling) until replaced with permanent erosion controls or
restoration is complete.
e) Where jurisdictional waters are adjacent to or within the construction area,
the contractor shall install sediment barriers along the edge of the
construction right-of-way to contain spoil and sediment within the construction
area and limit discharge into jurisdictional areas or waters.
f) Ensure that all employees and contractors are properly informed and trained
on how to properly install and maintain erosion control BMPs. Contractors
shall require all employees and contractors responsible for supervising the
installation and maintenance of BMPs and those responsible for the actual
installation and maintenance to receive training in proper installation and
maintenance techniques.
g) Project scheduling will include efficient staging of the construction that
minimizes the extent of disturbed and destabilized work area and reduces the
amount of soil exposed and the duration of its exposure to wind, rain, and
vehicle tracking.
h) The use of a schedule or flow chart will be incorporated to lay out the
construction plan and will allow proposed improvements to proceed in a
manner that keep water quality control measures synchronized with site
disturbance, concrete pours and other construction activities.
i) The sequencing and time frame for the initiation and completion of tasks, such
as site clearing, grading, excavation, concrete and rip rap lining and other
construction, shall be planned in advance to ensure minimization of potential
impacts.
HYD-5 Petroleum BMPs
To prevent petroleum products from contaminating soils and water bodies in the
channel, the following BMPs shall be implemented:
a) Construction equipment and vehicles shall be properly maintained to prevent
leakage of petroleum products.
b) Vehicle maintenance fluids and petroleum products shall be stored, and/or
changed in staging areas established at least 100 feet f rom delineated
streams and other drainages. These products must be discarded at disposal
sites in accordance with state and federal laws, rules, and regulations.
c) Drip pans and tarps or other containment systems shall be used when
changing oil or other vehicle/equipment fluids.
d) Areas where discharge material, overburden, fuel, and equipment are stored
shall be designed and established at least 100 vegetated (permeable) feet
from the edge of delineated streams.
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e) Any contaminated soils or materials shall be dis posed of off-site in proper
receptacles at an approved disposal facility.
f) All erosion control measures shall be inspected and repaired after each
rainfall event that results in overland runoff. The project contractor shall be
prepared year-round to deploy and maintain erosion control BMPs associated
with the project.
g) Existing culverts shall be carefully maintained in place in order to ensure that
they function properly. Considerations include: maintenance of inlet and
outlet elevations, grade, adequate compacted material cover, and inlet/outlet
protection.
Monitoring and Reporting:
HYD-A Project Plans shall be reviewed and approved by the City Engineer to ensure
that these improvements do not interfere with or adversely affect channel
capacity or the ability of City to manage and maintain these facilities.
Responsible Parties: Project Design Engineer, City Engineer
Schedule: Prior to finalizing the hydraulic design and engineering plans.
HYD-B The Project shall comply with the requirements of the National Pollution
Discharge Elimination System (NPDES).
Responsible Parties: City Engineer, Contractor
Schedule: Prior to and during construction activities.
HYD-C Implement BMPs during construction activities by approved means to avoid or
minimize the inadvertent transport by wind or water.
Responsible Parties: City Engineer, Contractor
Schedule: Prior to and during construction activities.
HYD-D Implement City-approved (SWPPP) with specific best management practices
(BMPs) as a part of the project will ensure that the project meets the
requirements of the California State Water Resources Control Board NPDES
Construction General Permit.
Responsible Parties: City Engineer, Contractor
Schedule: Prior to and during construction activities.
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HYD-E To prevent petroleum products from contaminating soils and water bodies in the
channel, the HYD-5 BMPs shall be implemented.
Responsible Parties: City Engineer, Contractor
Schedule: Prior to and during construction activities.
EXHIBIT “B”
ENVIRONMENTAL INITIAL STUDY
Haystack Channel Improvement Project
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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