HomeMy WebLinkAbout471451 C I I Y 0 P 0 1 M 0 1 1 R T
73-5 I o FRED WARIN(i DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info(a,cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
October 16, 2019
Mr. Doug Sheres
Desert Wave Ventures, LLC
Post Office Box 147
Solano Beach, California 92075
Subject: DSRT SURF Recommendation of Approval to the City Council
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of October 15, 2019:
Waived further reading and adopted Planning Commission Resolution No.
2764, recommending approval to the City Council for Case Nos. SP 18-
0002, PP 18-0009, EA 18-0003, and TTM 36379, subject to the conditions
of approval. Motion carried by a 3-0 vote, with Commissioners Greenwood
and Gregory ABSENT.
Enclosed for your records is a fully executed copy of Resolution No. 2764. Any appeal of
the above action may be made in writing to the City Clerk, City of Palm Desert, within
fifteen (15) days of the date of the decision.
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
«veixrro ax xecrum aerEx
PLANNING COMMISSION RESOLUTION NO. 2764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING THE CERTIFICATION OF THE
ENVIRONMENTAL IMPACT REPORT (SCH NO. 2019011044) FOR THE
DSRT SURF SPECIFIC PLAN, PRECISE PLAN, AND TENTATIVE TRACT
MAP, THE ADOPTION OF ENVIRONMENTAL FINDINGS, A MITIGATION
MONITORING AND REPORTING PROGRAM, A STATEMENT OF
OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF THE PROJECT
CASE NOS. SP 18-0002/PP 18-0009/EA 18-0002/TTM 36379
WHEREAS, the DSRT SURF Project ("DSRT SURF" or "Project") proposes the
development of a 5.5-acre surf lagoon and surf center facilities to include a restaurant, bar,
retail, up to 350 hotel rooms, and up to 88 residential villas on 17.69 acres of vacant land
within the Desert Willow Golf Resort, including a Specific Plan, Precise Plan, Tentative Tract
Map, and a Disposition and Development Agreement; and
WHEREAS, pursuant to section 21067 of the Public Resources Code of the California
Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) ("CEQA"), 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 proposed
Project; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City
conducted 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 CEQA and the State CEQA Guidelines, the City determined
that an Environmental Impact Report ("EIR") should be prepared in order to analyze all
potential adverse environmental impacts of the Project; and
WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR for DSRT
SURF on or about January 17, 2019, and it was transmitted to the State Clearinghouse, local
and regional agencies, and posted at the Riverside County Clerk's office for a 30-day
comment period; and
WHEREAS, in the NOP, comments and participation was sought from the public and
interested and affected groups and agencies; and
WHEREAS, on or about May 21, 2019, the City initiated a 45-day public review and
comment period of the Draft EIR for DSRT SURF and released the Draft EIR for public review
and comment in the manner required by CEQA; and
WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted
with and requested comments from all responsible and trustee agencies, other regulatory
agencies, and other interested parties during the 45-day public review and comment period;
and
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PLANNING COMMISSION RESOLUTION NO. 2764
WHEREAS, as contained herein, the Planning Commission has endeavored in good
faith to set forth the basis for its recommendation on the proposed Project; and
WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been
satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially
significant environmental effects of DSRT SURF have been adequately evaluated; and
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both
the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's
potential environmental impacts and a range of feasible alternatives capable of eliminating or
reducing these effects in accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, pursuant to Public Resources Code Section 21081.6 and State CEQA
Guidelines section 15097, the City has prepared a program for reporting on or monitoring the
changes, which it was either required in the project or made a condition of approval to mitigate
or avoid significant environmental effects (the "Mitigation Monitoring and Reporting Program"
or "MMRP"), which is attached hereto as Exhibit "A"; and
WHEREAS, the EIR concluded that the Project would have a significant and
unavoidable impact on air quality (NOx) and operational greenhouse gas emissions; and
WHEREAS, all of the findings, recommendations, and conclusions made by the
Planning Commission pursuant to this Resolution are based upon the oral and written
evidence presented to it as a whole and not based solely on the information provided in this
Resolution; and
WHEREAS, prior to taking action, the Planning Commission has heard, been
presented with, reviewed, and considered all of the information and data in the administrative
record, including by not limited to the Draft EIR, all of which is incorporated herein by this
reference; and
WHEREAS, the Planning Commission has not received any comments or additional
information that constituted substantial new information requiring recirculation or additional
environmental review under Public Resources Code Sections 21166 and 21092.1 and State
CEQA Guidelines section 15088.5; and
WHEREAS, on October 15, 2019, the Planning Commission conducted a duly noticed
public hearing on this Resolution, at which time all persons wishing to testify were heard, and
DSRT SURF was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
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PLANNING COMMISSION RESOLUTION NO. 2764
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission 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. As the
recommending body for the Project, the Planning Commission has reviewed and considered the
EIR, and administrative record on file with the City and available for review at 73510 Fred Waring
Drive, Palm Desert, California. The Planning Commission recommends to the City Council find
that the EIR has been completed in compliance with the CEQA (Pub. Res. Code § 21000 et
seq.: "CEQA") and the State CEQA Guidelines.
SECTION 3. Environmental Review and Recommendations.
A. Independent Judgement: The Planning Commission finds that the EIR contains a
complete, objective, and accurate reporting of the environmental impacts associated with the
Project and reflects the independent judgment of the Planning Commission.
B. Mitigation Monitoring and Reporting Program: The Planning Commission
recommends that the City Council adopt a Mitigation Monitoring and Reporting Program,
attached hereto as Exhibit "A", pursuant to State CEQA Guidelines section 15097. The
Mitigation Monitoring and Reporting Program shall be designed to ensure compliance during
project implementation in that changes to the project and/or mitigation measures have been
incorporated into the project and are fully enforceable through permit conditions, agreements,
or other measures as required by Public Resources Code section 21081.6.
C. Statement of Overriding Considerations: The Draft EIR identifies that the DSRT
SURF project has potentially significant effects concerning air quality and greenhouse gas
emissions that will remain significant despite the implementation of all feasible mitigation
measures. Therefore, in order to approve the Project, the City Council must first adopt a
Statement of Overriding Considerations that indicates the benefits of the project outweigh the
significant and unavoidable environmental effects as required by State CEQA Guidelines
Section 15093. The Planning Commission hereby recommends that the City Council adopt a
Statement of Overriding Considerations that reflects the City Council's balancing of Project
benefits against significant unavoidable impacts.
D. Certification of the EIR: Based on the entire record before the Planning Commission
and all written and oral evidence presented, the Planning Commission hereby recommends that
the City Council consider the Final EIR, once completed, and certify the DSRT SURF EIR.
SECTION 4. Findings for Recommended Approval of Tentative Map.
1. That the density of the proposed subdivision is consistent with applicable general and
specific plans.
2. That the design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
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PLANNING COMMISSION RESOLUTION NO. 2764
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat.
6.That the design of the subdivision or type of improvements is not likely to cause serious
public health problems.
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
planned subdivision.
SECTION 5. Findings for Recommended Approval of Specific Plan.
1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and
policies of the Palm Desert General Plan, including that the project provides a unique resort
destination and sports facility consistent with the intent of the Resort and Entertainment
District.
2. The DSRT SURF Specific Plan is compatible with adjacent properties and
surrounding uses and development standards are similar to existing standards for the Desert
Willow Golf Resort, and The Westin Desert Willow Villas, in that building heights and setback
standards are similar, that the new buildings are substantially setback from existing residential
development, and the resort nature of DSRT SURF is compatible with the existing resort uses
at Desert Willow.
3. The DSRT SURF Specific Plan is suitable and appropriate for the location, access,
and topography for development because the intent of Desert Willow is to provide resort-style
development, the site has been previously mass graded and identified for future resort-style
development, all infrastructure to support the project is nearby and improvements to
infrastructure to support the project are feasible, and access to the site has been studied and
is deemed sufficient to support the project.
4. The proposed Specific Plan and Tentative Tract Map are not detrimental to the
health, safety, or general welfare, or will be materially injurious to the surrounding properties
or improvements in the City of Palm Desert.
SECTION 6. Project Recommendation. The Planning Commission hereby recommends
approval of SP19-0002, PP 18-0009, EA 18-0002, and TTM 37639, subject to conditions.
SECTION 7. 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. Rachelle Klassen, the City Clerk, is the custodian
of the record of proceedings.
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PLANNING COMMISSION RESOLUTION NO. 2764
SECTION 8. Notice of Determination. The Planning Commission recommends that, if
the City Council approves the Project, that the City Council direct Staff to file a Notice of
Determination with the County of Riverside and the State Clearinghouse within five (5) working
days of any Project approval.
SECTION 9. Execution of Resolution. The Chairperson of the Planning Commission
sign this Resolution and the Secretary to the Commission shall attest and certify to the passage
and adoption thereof.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1511 day of October 2019, by the
following vote, to wit:
AYES: DE LUNA, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD and GREGORY
ABSTAIN: NONE 4�1 NOW,
LIN AY HOLT, )ACE-CHAIR
ATTEST:
4�O
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2764
CONDITIONS OF APPROVAL
CASE NOS. SP 18-0002/PP 18-0009/EA 18-0002/TTM 37369
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property and all buildings pads within the Specific Plan
boundaries shall conform substantially with exhibits on file with the Department of
Community Development, and as modified by the following conditions.
2. The applicant shall record Tentative Parcel Map 37369 within two (2) years of project
approval. Construction of improvements, in accordance with the approved Specific Plan
and Precise Plan, 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 applicant shall comply with all terms and conditions as outlined in the Disposition and
Development Agreement approved by the City Council.
4. 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 Specific Plan and all Palm
Desert Municipal ordinances and state and federal statutes now in force, or which hereafter
may be in force.
5. 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
Building and Safety 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.
6. A cultural resources inventory shall be completed by a qualified archeologist prior to any
development activities within the project area.
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 the 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
Descendant (MLD). The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
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PLANNING COMMISSION RESOLUTION NO. 2764
8. Land uses identified in the DSRT SURF Specific Plan and Planned Residential Zoning
District are permitted within the Specific Plan boundaries.
9. Each developable parcel shall be subject to all applicable fees at the time of issuance of
building permits for improvements within that parcel.
10. The applicant shall finalize a Turf Reduction Program with the Community Development
and Economic Development Department prior to a certificate of occupancy for the surf
center.
11. All parcels shall develop in a manner consistent with the development standards
contained in the Specific Plan. All other development standards not addressed in the
Specific Plan shall comply with the Palm Desert Municipal Code (PDMC).
12. All future Phase 2 development within the Specific Plan boundaries shall generally
conform to the architectural renderings provided in the Specific Plan and Precise Plan
applications. Building design deviations are permitted, but shall conform to the
architectural guidelines and colors and material samples provided for in the Specific Plan.
13. Architectural plans for Phase 1 development, including the surf center, surf lagoon, and
ancillary buildings were approved by the City's Architectural Review Commission. All
other buildings associated with the Phase 2 development shall submit an Architectural
Review application to the Department of Community Development for review prior to
issuance of a building permit. The application will be forwarded to the City's Architectural
Review Commission for a hearing and final approval.
14. Final landscape plans shall be prepared by a registered and licensed landscape architect
and submitted to the Department of Community Development for review. The plans shall
be consistent with the preliminary landscape plans reviewed by the Planning
Commission unless changes are requested by Department staff. Changes shall be
limited to plant quantities, sizes, types, and phasing of landscape improvements at the
project site. Landscape plans must meet the following criteria:
A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency
Landscape Ordinance.
B. Planting plans must show the location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specifications and details must be site-specific.
E. Applicants must have CVWD approval of their irrigation plans prior to City approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
15. The applicant shall pay into the City's Public Art Fee as part of the development of the
Specific Plan. It is recommended that this fee be used for an on-site public art project
within the Specific Plan boundaries. Public Art Fees are due at the time a Building Permit
is issued for the development of any Planning Areas.
16. Lighting and photometric plans shall be submitted in accordance with the PDMC Section
24.16 for any landscape, architectural, street, or parking lot lighting.
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PLANNING COMMISSION RESOLUTION NO. 2764
17. Sports Lighting is permitted for use of the surf lagoon as identified in the Specific Plan.
Generally, the use of sports lighting is permitted until 10:00 p.m. Monday through
Thursday, and midnight Friday through Sunday.
18. Special events, which exceed 1,500 spectators, shall not exceed a maximum site
capacity of 5,000 spectators. Prior to hosting any special event, the operator shall finalize
a Parking Management Plan for special events with the City's Community Development
Department and identify all traffic control and off-site parking strategies.
19. All mitigation measures identified in the EIR Mitigation Monitoring Reporting Program
(MMRP) shall be incorporated into the planning, design, development, and operation of
the project.
DEPARTMENT OF PUBLIC WORKS:
Public Works has reviewed Tentative Tract Map 37639. Following are the conditions of
approval.
Prior to recordation of the Tract Map and any permits:
20. The tract map shall be submitted to the Director of Public Works for review and approval.
21. Horizontal control requirements shall apply to this map, including state plane coordinates,
which shall conform to the City of Palm Desert specifications.
22. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the
recordation of the tract map.
23. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of any permits associated with this project or the
recordation of the tract map.
24. Drainage fees in accordance with PDMC Section 26.49 and Ordinance No. 653 shall be
paid prior to recordation of the tract map.
25. Pad elevations, as shown on the tentative map, are subject to review and modification in
accordance with Chapter 27 of the PDMC.
26. The applicant shall construct or enter into an agreement and post security, in a form and
amount acceptable to the City Engineer, guaranteeing the construction of all public
improvements as specified in the Development Agreement. Improvements include, but are
not limited to:
A. The proportionate share of the installation of a traffic signal at Cook Street and
Market Place representing 12.1% of the cost of the signal and its installation, as
required by Mitigation Measure TRANS-1 of the Project EIR.
B. Public parking improvements.
Prior to the issuance of grading permits, the applicant shall:
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PLANNING COMMISSION RESOLUTION NO. 2764
27. The applicant shall enter into and record a drainage easement agreement with the City
of Palm Desert for facilities shown on the approved tentative map.
28. Submit a grading plan to the Department of Public Works for review and approval. Any
changes to the approved civil plans must be reviewed for approval prior to work
commencing.
29. Submit a final Water Quality Management Plan (WQMP) for 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 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.
30. Submit a PM10 application to the Department of Public Works for approval. The applicant
shall comply with all provisions of the PDMC Section 24.12 regarding Fugitive Dust
Control.
31. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
BUILDING AND SAFETY:
32. 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 Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
33. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1310.
34. A disabled 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 2016 CBC Chapters 11 A & B (as applicable) and Chapter 10.
35. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-
206)
36. 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.
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PLANNING COMMISSION RESOLUTION NO. 2764
37. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
38. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health, and then submitted to the Department of Building and Safety.
Pools and Spas for public use are required to be accessible.
39. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
40. All contractors and/or owner-builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700
41. Address numerals shall comply with Palm Desert Ordinance No. 1310 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1310 regarding street address
location, dimension, stroke of line, distance from the street, height from grade, height
from 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 1310 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
42. Please contact Tameca Williams, Management Specialist I, at the Department of Building
and Safety (760-776-6420) regarding the addressing of all buildings and/or suites.
FIRE DEPARTMENT:
43. The project proponents/developers will be expected to provide for a proportional
mitigation to these impacts via capital improvements and/or impact fees.
44. The Fire Department's emergency vehicle apparatus access road location and design
shall be in accordance with the current California Fire Code, PDMC, and Riverside
County Fire Department Standards, and as modified by the Fire Marshal as shown on
page F.1 of the Precise Plan design book. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuance. NOTE:
SECONDARY FIRE ACCESS IS REQUIRED FROM THE PROPERTY.
45. Fire Department water systems(s) for fire protection shall be in accordance with the
current California Fire Code, City of Palm Desert, and Riverside County Fire Department
Standards. Plans must be submitted to the Fire Department for review and approval prior
to building permit issuance.
46. Tract/Parcel map development cases — Prior to building permit issuance, the required
water system, including all fire hydrant(s), shall be installed and accepted by the
appropriate water agency and the Riverside County Fire Department prior to any
combustible building materials placed on an individual lot.
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PLANNING COMMISSION RESOLUTION NO. 2764
47. The applicant shall secure secondary access onto Willow Ridge Drive via a gate with
Knox locks.
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PLANNING COMMISSION RESOLUTION NO. 2764
EXHIBIT "A"
MITIGATION MONITORING&REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/SCH No.2019011044
Level of Impact After Responsible
Impact Heading Mitigation Measure Implementation Stage
Mitigation Party/Monitoring Party
AES-1:In order to assure that lighting levels at the Lagoon Villas do not City Building
Aesthetics Less Than Significant
exceed City standards,architectural plans for the villas will be accompanied Department,Project Prior to issuance of
by a lighting plan that demonstrates that the interior lighting level at the building permits.
windows located facing the lagoon does not exceed 1.0 footcandle. Contractor
AQ-1: Electric Vehicle Charging Stations
City Planning
Significant and At least 6%of all vehicle parking spaces shall include EV charging stations Department,Project Prior to issuance of
Unavoidable and 8%of all vehicle parking spaces shall include designated parking for Contractor building permits.
clean air vehicles.
AQ-2:Delivery Vehicle Idling Time
Delivery vehicle idling time shall be limited to no more than five minutes.For
any delivery that is expected to take longer than five minutes,the vehicle's Prior to lease agreement
Significant and operator shall be required to shut off the engine.The Project proponent shall Project Proponent and/or business
Unavoidable notify vendors of these idling requirements at the time the delivery purchase
order is issued and again when vehicles enter the facility.Signs shall be operation
posted at entry to the facility's delivery area stating that idling longer than
five minutes is not permitted.
AQ-3:Employee Commute
Any employer than employs 250 or more employees at a work site,on a full Prior to lease agreement
Air quality Significant and Unavoidable or part-time basis,shall implement an Employee Commute Reduction Project Proponent and or business
Program(ECRP)under SCAQMD Rule 2202,On-Road Motor Vehicle operation
Mitigation Option.
AQ-4:Paving and Roofing Materials City Planning
Significant and Prior to issuance of
Unavoidable Light-colored paving and roofing materials shall be utilized onsite,to the Department,Project building
greatest extent practical. Contractor Permits.
AQ-5: Energy Star City Building
Significant and EnergyStar heating,cooling,and lighting devices,and appliances shall be Department,Project Prior n issuance of
Unavoidable g' g g pp p I building permits.
installed onsite to the greatest extent practical. Contractor
Significant and AQ-6: Sweepers On-going project
Electric or alternatively fueled sweepers with HEPA filters shall be used Project Proponent
Unavoidable onsite to the greatest extent practical. maintenance
AQ-7: Lawn Maintenance
Significant and Electric lawn mowers and leaf blowers shall be used onsite to the greatest Project Proponent On-going project
Unavoidable extent practical. maintenance
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PLANNING COMMISSION RESOLUTION NO. 2764
MITIGATION MONITORING&REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/SCH No.2019011044
Impact Heading Level of Impact After Mitigation Measure Responsible Implementation Stage
Mitigation Party/Monitoring Party
AQ-8:Cleaning Products
Significant and On-going project
Unavoidable Water-based or low VOC cleaning products shall be used to the greatest Project Proponent maintenance
extent practical.
AQ-9:Dust Control Plan:SCAQMD Rule 403.1
SCAQMD Rule 403(403.1 specific to the Coachella Valley):A dust control
Plan shall be prepared and implemented by all contractors during all
construction activities,including ground disturbance,grubbing,grading,and
materials import and export.Said plan shall include but not be limited to the
following best management practices:
• Treated and stabilized soil where activity will cease for at least four
consecutive days;
• All construction grading operations and earth moving operations
shall cease when winds exceed 25 miles per hour;
Approved dust control
• Water site and equipment morning and evening and during all plans prior to site
Significant and earth-moving operations; City Public Works disturbance.Adherence
Unavoidable Department,Project to the confirmed plans
• Operate street-sweepers on paved roads adjacent to site; Contractor
during all project plan
• Establish and strictly enforce limits of grading for each phase of reviews.
development;
• Wash off trucks as they leave the project site to control fugitive
dust emissions
• Cover all transported loads of soils,wet materials prior to
transport,provide freeboard(space from the top of the material to
the top of the truck)to reduce PMIv and deposition of particulate
matter during transportation
• Use track-out reduction measures such as gravel pads at project
access points to minimize dust and mud deposits on roads affected
by construction traffic.
AQ-10:Off-Road Emission Standards
It shall be required that all off-road diesel-powered construction equipment
Significant and meets or exceeds the California Air Resources Board(CARB)and U.S. City Engineer,Project Prior to issuance of
Unavoidable Environmental Protection Agency(USEPA)Tier 4 off-road emissions Contractor grading plans
standards for equipment rated at 50 horsepower or greater during Project
construction.
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PLANNING COMMISSION RESOLUTION NO. 2764
MITIGATION MONITORING&REPORTING PROGRAM
DSRT SURF Specific Plan
EIR/SCH No.2019011044
Level of Impact After Responsible
Impact Heading Mitigation Mitigation Measure Party/Monitoring Party Implementation Stage
BIO-1:Payment of CVMSHCP Fees
The Project proponent shall be required to pay the CVMSHCP local City Building
Less Than Significant development mitigation fee to mitigate for impacts to covered species and Department,Project Prior to construction.
natural communities within the Project site. Contractor
BIO-2:MBTA Compliance
For any grading or other site disturbance or tree or vegetation removal
occurring during the nesting season between February 1st and August 31st,a
qualified biologist shall conduct at least one nesting bird survey,and more if In the event ground
deemed necessary by the consulting biologist,immediately prior to initiation City Planning disturbance occurs
Less Than Significant of project-related ground disturbing activities.If nesting birds are present,no Department,Project during the referenced
work shall be permitted near the nest until the young birds have fledged. Biologist time frame,prior to
Biological While there is no established protocol for nest avoidance,when consulted, ground disturbance.
Resources the CDFW generally recommends avoidance buffers of about S00 feet for
birds-of-prey,and 100—300 feet for songbirds.
13I0-3:Burrowing Owl Surveys
A qualified biologist shall conduct two(2)take avoidance pre-construction
burrowing owl surveys onsite.The first shall occur between 14 and 30 days In the event ground
prior to ground disturbance,and the second shall occur within 24 hours of City Planning disturbance occurs
Less Than Significant ground disturbance.If burrowing owls are detected,the project proponent Department,Project during the referenced
shall consult with CDFW to determine what course of action is needed,such Biologist time frame,prior to
as the use of exclusion devices(if applicable)to discourage owls from using ground disturbance,
burrows that are believed to be in jeopardy of being impacted by
implementation of the project.
CUL-1:Worker Education Program
Prior to commencing any phase of Project ground disturbance,all personnel
Cultural and Tribal working onsite shall be required to complete a worker education program City Planning Prior to any site
Resources Less Than Significant performed by a qualified archaeologist that describes potential Department,Project disturbance.During all
archaeological artifacts,human remains,and other cultural materials that Archaeologist phases of construction.
could be unearthed during the Project development process,and the
procedures required in the event such a discovery is made.
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CUL-2: Monitoring
If buried cultural materials are encountered inadvertently during any earth-
moving operations associated with the Project,all work within 50 feet of the
discovery should be halted or diverted until a qualified archaeologist can
evaluate the nature and significance of the finds.The archaeologist shall
prepare a findings report summarizing the methods and results of the
investigation,including an itemized inventory and detailed analysis of
Less Than Significant recovered artifacts upon completion of field and laboratory work.The report Project Contractor, During all phases of
shall include an interpretation of the cultural activities represented by the Project Archaeologist ground disturbance,
artifacts and discussion of their significance.The submittal of the report to
the City and Tribal representative,as appropriate,along with final disposition
of the recovered artifacts in a manner consistent with determination of the
lead agency,Project archaeologist,and consulting tribes,will signify the
completion of the monitoring program and,barring unexpected findings of
significance,the mitigation of potential project impacts on cultural and tribal
resources.
CUL-3:Human Remains
Should buried human remains be discovered during grading or other
construction activities,in accordance with State law,the County coroner Project Contractor,City During all phases of
Less Than Significant shall be contacted.If the remains are determined to be of Native American
heritage,the Native American Heritage Commission and the appropriate Planning Department ground disturbance.
local Native American Tribe shall be contacted to determine the Most Likely
Descendant(MLD).
GEO-1:Site Clearing
Prior to commencement of remedial grading within the site,all existing
Less Than Significant vegetation,associated root systems,and debris should be cleared.Areas Project Contractor Prior to grading.
planned to receive fill should be cleared of old fill and any irreducible matter.
GEO-2:At Grade Structure Areas Requirements
Geology and Soils All undocumented artificial fill and low-density native surface soil should be
removed and re-compacted for the at-grade structures(e.g.,spa building
and cabanas).Over-excavation should extend to a minimum depth of 3 feet Project Contractor,
Less Than Significant below existing grade or 3 feet below the bottom of the footings,whichever is During grading.
deeper. The exposed native soil should be moisture conditioned to within 2 Project Geologist
percent of optimum moisture content and compacted to at least 90 percent
relative compaction.Removals should extend at least S feet laterally beyond
the footing limits.
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GEC-3:Fill Placement and Compaction
Engineered fill should be free of organic material,debris,and other
deleterious substances,and should not contain irreducible matter greater
than 3-inches in maximum dimensions.The imported fill should meet the
Less Than Significant following criteria: Project Contractor, During grading.
Project Geologist
Plastic Index <12
Liquid Limit <35
%Soil Passing#200 Sieve Between 15%-35%
Maximum Aggregate Size 3 inches
Less Than Significant GEO-4:Shrinkage and Subsidence Project Contractor, During grading.
Volumetric shrinkage of the material should be between 10 and 15 percent. Project Geologist
GEO-5:Temporary Excavation
Temporary excavation up to 20 feet in depth may be required to accomplish Project Contractor,
Less Than Significant the proposed construction.Excavations to depth of 20 feet should have Project Geologist During grading.
slope cuts no steeper than horizontal to one vertical(1:1).
GEC-6:Conventional Shallow Spread Footings Project Contractor,
Adequate support for the proposed resort buildings and surf lagoon enclosed During slab
Less Than Significant walls will be provided through Conventional Shallow Spread Footings. Project Geologist, construction.
Project Engineer
GEO-7: Slabs-on-Grade
Concrete slabs-on-grade must be placed on compacted engineered fill to Project Contractor, During slab
Less Than Significant provide uniform support.Sladden Engineering has recommended a minimum Project Geologist,
slab thickness of 4-inches and a minimum reinforcement consisting of#3 Project Engineer construction.
bars at 18-inches on center in each direction shall be required.
GEO-8:Structure Mat Slabs Project Contractor,
Structure Mat Slabs:Structure Mat Slabs shall be required for the below During slab
Less Than Significant grade structures associated with the wave generating equipment which Project Geologist, construction.
would meet an allowable soil bearing pressure of 3,000 psf. Project Engineer
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GEO-9:Retaining Walls: Project Contractor,
Less Than Significant Subterranean parking levels and the surf lagoon would require retaining During Construction
walls.Ground surface behind retaining walls shall be sloped to drain. Project Engineer
GEO-10: Asphalt Concrete Pavement:This shall be designed in accordance
with Topic 608 of the Caltrans Highway Design Manual to meet the following
thickness for the site:
Project Contractor,
Less Than Significant Pavement Material Required Thickness Project Engineer During construction.
Asphalt Concrete Surface Course 3 inches
Class II Aggregate Base Course 4 inches
Compacted Subgrade Soil 12 inches
GEO-11: Corrosion Series:Prior to ground disturbing activities,a corrosion Project Contractor, Prior to ground
Less Than Significant expert shall be consulted regarding appropriate corrosion protection Project Geologist disturbance.
measures for corrosion sensitive installation.
Less Than Significant GEO-12: Utility Trench Backfill:All utility trench backfill shall be compacted Project Contractor, During construction.
to a minimum relative compaction of 90%. Project Geologist
GEO-13: Exterior Concrete Elatwork:The Subgrade soil below concrete Project Contractor,
Less Than Significant flatwork areas shall first be compacted to minimum relative compaction of Project Geologist, During construction.
90 percent to minimize cracking of concrete flatworks. Project Engineer
GEO-14: Drainage:To provide rapid removal of surface water runoff to an
adequate discharge point,all final grades shall be provided with positive Project Contractor,
Less Than Significant gradients away from foundations.In addition,surface water shall be directed Project Geologist, During construction.
away from building foundations to an adequate discharge point to reduce Project Engineer
water infiltration into the subgrade soil.
GEO-15: If buried paleontological materials are discovered inadvertently
during any earth-moving operations associated with the project,all work Project Contractor,
Less Than Significant within 50 feet of the discovery shall be halted or diverted until a qualified Project Archaeologist During grading.
paleontologist can evaluate the nature and significance of the finds.
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GEO-16: All project grading plans shall include a soil erosion
prevention/dust control plan.Blowing dust and sand during excavation and
grading operations shall be mitigated by adequate watering of soils prior to Approved dust control
and during excavation and grading,and limiting the area of dry,exposed and Project Engineer,City plans prior to site
Less Than Significant disturbed materials and soils during these activities.To mitigate against the Public Works disturbance.Adherence
effects of wind erosion after site development,a variety of measures shall be Department to the confirmed plans
implemented,including maintaining moist surface soils,planting stabilizing during construction.
vegetation,establishing windbreaks with non-invasive vegetation or
perimeter block walls,and using chemical soil stabilizers.
GEO-17: There shall be a cessation of grading activities during rainstorms or
Less Than Significant high wind events.The project contractor shall install flow barriers and soil Project Contractor During grading.
catchments(such as straw bales,silt fences,and temporary detention basins)
during construction to control soil erosion.
GEO-18: All materials transported off-site shall be either sufficiently
Less Than Significant watered or securely covered to prevent excessive amounts of spillage or Project Contractor During grading and
hauling operations.
dust.
GEO-19: Prior to ground disturbing activities,all employees at the Prior to ground
Less Than Significant construction site shall be trained in earthquake preparedness and identify Project Contractor disturbing activities
safe places near the construction site to facilitate emergency evacuation.
GHG-1:The Project shall implement the policies of the Palm Desert
Environmental Sustainability Plan applicable to its development.The Project
shall adhere to the following principals,goals,and actions:
• Adherence to California Building Code,Title 24;
• Assess potential for light-colored surfaces and shading to
reduce urban heat island effect;
• Incorporate solar power;
Greenhouse Gas Significant and • Use water efficient technologies to reduce water waste; Project Architect,City Approved building plans
Emissions Unavoidable • Require mandatory waste diversion of 100%inert and 75% Building Department and landscaping plans
prior to site disturbance.
other debris from residential,commercial,and construction
debris;
• Promote programs that replace turf with native low water-use
plants,trees,ground cover and"hard-stapes,"including the
redesign of golf courses to reduce the amount of irrigation
required;
• Use"desert style landscaping"and require"time-of-use"
irrigating to reduce evaporation.
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Approved plans prior to
HYD-1:BMPs,as described in the Project-specific WQMP,shall be City Engineer,Project site disturbance.
Less Than Significant implemented to ensure that water quality impacts resulting from the Project Contractor Implementation during
meet the City's NPDES standards. all construction
activities.
HYD-2:Exposed soil from excavated areas,stockpiles,and other areas where During all stockpiling
Less Than Significant ground cover is removed shall be stabilized by wetting or other approved Project Contractor
Hydrology and activities.
Water Quality means to avoid or minimize the inadvertent transport by wind or water.
Less Than Significant HYD-3:The Project shall be subject to NPDES Construction General Permit City Engineer,Project During construction
requirements. Engineer activities.
City Planning Prior to issuance of
HYD-4:The Turf Reduction Program shall be completed prior to the issuance certificates of
Less Than Significant of certificates of occupancy for the surf center. Department,Project Contractor occupancy for surf
center.
PS-1: All components of the Project shall be required to employ on- Project Proponent, Prior to issuance of
Less Than Significant site private security. Lease holder certificates of
occupancy.
PS-2:Per the City's Municipal Code Sections 5.87.180 and 5.100.020,at least
two weeks prior to a special event at the lagoon area,the applicant shall file City Planning
Less than Significant a"Special Event Temporary Entertainment Permit."Event notifications and Department,Project Two weeks prior to a
specifics shall be approved in advance with the RCSD and Fire Marshall prior Proponent,Lease special event.
to scheduled events. holder,RCSD,Cal Fire
Public Services PS-3:Project facilities shall be designed and maintained to maximize public
safety,including providing secure facilities access and parking,adequate
nighttime lighting,maximization of defensible space and minimization of Project Proponent, Prior to approval of
Less than Significant "dead zones,"and professional security personnel.The Project proponent
shall coordinate with the Police Department to assure the Project is designed RCSD building plans.
to address these and other safety concerns.
PS-4:During construction,excavation areas,construction staging,and
Less than Significant storage areas shall be fenced and locked.All equipment shall be returned to Project Contractor During all phases of
staging and storage areas at the end of each workday. construction.
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PLANNING COMMISSION RESOLUTION NO. 2764
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TRANSP-1:The Project proponent shall pay its fair share of the costs of
installing a traffic signal at the intersection of Cook Street and Market Place City Public Works
Drive.The fair share amount shall be 12.1%,as defined in Table 1-5 of the Prior to occupancy of
Less Than Significant "Desert Wave Traffic Impact Analysis,City of Palm Desert,"prepared by Department,Project first building.
Urban Crossroads,March 4,2019.Signal timing shall be coordinated with the Proponent
traffic signal at the intersection of Cook Street and Country Club Drive.
TRANSP-2:The Project shall extend the eastbound left turn lane on Market City Public Works Prior to occupancy of
Less Than Significant Place Drive at Cook Street to provide a minimum of 165 feet of storage. Department,Project first building.
Proponent
TRANSP-3:Onsite traffic signing and striping shall be implemented in City Public Works Prior to occupancy of
Less Than Significant conjunction with detailed construction plans for the Project site. Department,Project first building.
Proponent
TRANSP-4:Sight distance at each Project access point shall be reviewed with City Public Works
Transportation respect to Caltrans and City of Palm Desert sight distance standards at the Prior to issuance of
Less Than Significant time of preparation of final grading,landscape,and street improvement Department,Project building permits.
plans. Proponent
TRANSP-S:The Project proponent shall coordinate with City staff to prepare,
refine,and approve a Special Event Traffic Management Plan that facilitates
the safe and efficient movement of special event traffic,shuttles,and
pedestrians.A master management plan shall be prepared that details all
potential measures required for a special event,which shall be City Public Works Prior to issuance of
Less Than Significant supplemented with individual plans addressing specific special events based Department,Project certificates of
on their size and duration.The Special Event Traffic Management Plan shall Proponent,Lease occupancy for surf
be submitted to the City prior to certificate of occupancy for the Surf Center. holder center.
Individual management plans for specific special events shall be submitted at
least 30 days prior to the start of the event.The Special Event Traffic
Management Plan shall include the measures identified in Mitigation
Measures TRANSP-6 through 14,below.
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TRANSP-6:Shuttle service shall be provided to transport spectators between
the Project site and overflow parking lot via Desert Willow Drive,and for any
other off-site parking location required to accommodate the parking
requirements for each special event.The calculation for number of parking City Planning At least two weeks prior
Less Than Significant spaces required shall be based on the number of planned attendees,divided Department,Project
to special event.
by 2.4,and multiplied by 0.70(70%)(as described in Section 1.10 of the Proponent,RCSD
"Desert Wave Traffic Impact Analysis,City of Palm Desert,"prepared by
Urban Crossroads,March 4,2019).Shuttle routes and stops shall be
identified in the Special Event Traffic Management Plan.
TRANSP-7:In developing the Special Event Traffic Management Plan,the
Project proponent shall include the use of portable changeable message City,Project Proponent, Prior
Less than Significant signs(CMS)along Country Club Drive and Cook Street to facilitate event Lease holder certificates of
to c issuance of
traffic to and from on-site and off-site parking. occupancy
TRANSP-8:In developing the Special Event Traffic Management Plan,the
Project proponent shall include the use of law enforcement personnel
and/or special event flaggers to direct traffic at the following locations:1) City Planning
Less than Significant Desert Willow Drive&Country Club Drive,2)Cook Street&Market Place Department,Project At least two weeks prior
Drive,3)Desert Willow Drive&Market Place Drive,and 4)Desert Willow Proponent,Lease to special event.
Drive&Project entrance.Any plans involving law enforcement personnel holder,RCSD
shall be coordinated with the Palm Desert Police Department.
TRANSP-9:In developing the Special Event Traffic Management Plan,the
Project proponent and City shall include the use of public service City Planning
Less than Significant announcements(PSA)to provide information to event guests prior to the Department,Project At least two weeks prior
event.Examples include,but are not limited to,online event information Proponent,Lease to special event.
(i.e.,suggested routes,parking,etc.),changeable message signs(CMS)prior holder.
to the event,and brochures.
TRANSP-10:The City shall provide traffic signal timing adjustments based on
Less than Significant the expected peak arrival and departure periods of the special event at the City Public Prior to special event
following locations:1)Desert Willow Drive&Country Club Drive,2)Cook Works/Engineer
Street&Market Place Drive,and 3)Cook Street&Country Club Drive.
TRANSP-11:In developing the Special Event Traffic Management Plan,the City Planning
Less than Significant Project proponent shall include the designation of convenient and accessible Department,Project At least two weeks prior
drop-off and pick-up areas to promote ridesharing and reduce parking Proponent,Lease to special event.
demands.The Plan may also include short-term parking with time holder
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restrictions of 10-15 minutes for staging areas for ridesharing vehicles.
TRANSP-12:In developing the Special Event Traffic Management Plan,the
Project proponent shall include providing off-site parking facilities for City Planning
Less than Significant employees to increase available on-site parking for guests.Employee parking Department,Project At least two weeks prior
sites shall be served by shuttles that transport employees to and from the Proponent,Lease to special event.
Project site. holder,RCSD
TRANSP-13:In developing the Special Event Traffic Management Plan,the City Planning
Less than Significant Project Proponent shall include implementing valet parking to increase Department,Project At least two weeks prior
available on-site parking capacity. Proponent,Lease to special event.
holder,RCSD
TRANSP-14:The Project proponent shall demonstrate availability of City Planning
additional parking spaces at Desert Springs Marketplace,the Indian Wells Department,Project At least two weeks prior
Less than Significant Tennis Garden or other location(s)prior to each special event.Shuttle service Proponent,Lease to special event.
to/from the Project site shall be provided to serve all off-site parking holder,RCSD
locations.
TRANSP-15:Prior to site disturbance,construction staging plans shall be
approved by the Public Works,Fire,and Police Departments to assure they City Public Works,
adequately consider and account for temporary detours,changing access to
Less than Significant business and residential areas,and emergency access,and that they cause Project Contractor, Prior to site disturbance.
minimal disruption to adjoining streets and land uses,during all phases of RCSD,Cal Fire
Project development.
TRANSP-16:The Construction Manager shall be required to identify and
promptly repair any Project-related damage to existing public roads upon
completion of each phase of Project development.The Construction Project Contractor,City During all phases of
Less than Significant Manager shall monitor the condition of these routes throughout the Public Works
construction process and,in the event of an accidental load spill or other Department construction
Project-related incident,shall arrange for the immediate clean-up of any
material with street sweepers or other necessary procedures.
TRANSP-17:The final location and design of the site access points and
Less than Significant internal circulation improvements shall comply with City of Palm Desert City Engineer,RCSD,Cal Prior to issuance of
access and design standards and be reviewed by the City Engineer and Fire Fire building permits.
and Police Departments.
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TRANSP-18:Parking adjacent to the surf lagoon,surf center,hotel,villas,and Prior to issuance of
Less than Significant other buildings shall be prohibited,where necessary,to provide Project Engineer,RCSD,Cal Fire certificates of
unobstructed access by emergency service vehicles and first responders. occupancy.
TRANSP-19:The Police and Fire Departments shall be provided with a Knox Project Proponent, Prior to issuance of
Less than Significant Box or other master key or access code that enables immediate entry to the Lease Holder,RCSD,Cal certificates of
Project's secured emergency access gate on Willow Ridge. Fire occupancy.
Less than Significant TRANSP-20:The Project proponent shall participate in the CVAG's TUMF Project Proponent,City Prior to issuance of
program by paying the requisite TUMF fees. Building Department grading permit.
23