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HomeMy WebLinkAboutRes No 27641 1 1 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 37639 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 1 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. 2 PLANNING COMMISSION RESOLUTION NO. 2764 1 1 1 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. 3 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. 4 PLANNING COMMISSION RESOLUTION NO. 2764 1 1 1 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 15"' day of October 2019, by the following vote, to wit: AYES: DE LUNA, HOLT, and PRADETTO NOES: NONE ABSENT: GREENWOOD and GREGORY ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION J7 LINI3AY HOLT, CE-CHAIR 5 PLANNING COMMISSION RESOLUTION NO. 2764 CONDITIONS OF APPROVAL CASE NOS. SP 18-0002/PP 18-0009/EA 18-0002/TTM 37b39 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. 6 PLANNING COMMISSION RESOLUTION NO. 2764 1 1 1 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. 7 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: 8 PLANNING COMMISSION RESOLUTION NO. 2764 1 1 1 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. 9 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. 10 PLANNING COMMISSION RESOLUTION NO. 2764 1 1 1 47. The applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks. 11 PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Aesthetics Air Quality Level of Impact After Mitigation Less Than Significant Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable EXHIBIT "A" MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure AES-1: In order to assure that lighting levels at the Lagoon Villas do not exceed City standards, architectural plans for the villas will be accompanied by a lighting plan that demonstrates that the interior lighting level at the windows located facing the lagoon does not exceed 1.0 footcandle. AQ-1: Electric Vehicle Charging Stations At least 6% of all vehicle parking spaces shall include EV charging stations and 8% of all vehicle parking spaces shall include designated parking for 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 operator shall be required to shut off the engine. The Project proponent shall 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 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 or part-time basis, shall implement an Employee Commute Reduction Program (ECRP) under SCAQMD Rule 2202, On -Road Motor Vehicle Mitigation Option. AQ-4: Paving and Roofing Materials Light-colored paving and roofing materials shall be utilized onsite, to the greatest extent practical. AQ-5: Energy Star Energy Star heating, cooling, and lighting devices, and appliances shall be installed onsite to the greatest extent practical. AQ-6: Sweepers Electric or alternatively fueled sweepers with HEPA filters shall be used onsite to the greatest extent practical. AQ-7: Lawn Maintenance Electric lawn mowers and leaf blowers shall be used onsite to the greatest extent practical. 12 Responsible Party/Monitoring Party Implementation Stage City Building Department, Project Contractor City Planning Department, Project Contractor Project Proponent Project Proponent City Planning Department, Project Contractor City Building Department, Project Contractor Project Proponent Project Proponent Prior to issuance of building permits. Prior to issuance of building permits. Prior to lease agreement and/or business operation Prior to lease agreement and or business operation Prior to issuance of building permits. Prior to issuance of building permits. On -going project maintenance On -going project maintenance PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Level of Impact After Mitigation Significant and Unavoidable Significant and Unavoidable Significant and Unavoidable MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure AQ-8: Cleaning Products Water -based or low VOC cleaning products shall be used to the greatest 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 at 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; • Water site and equipment morning and evening and during all earth -moving operations; • Operate street -sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of 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 PM. 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 meets or exceeds the California Air Resources Board (CARB) and U.S. Environmental Protection Agency (USEPA) Tier 4 off -road emissions standards for equipment rated at 50 horsepower or greater during Project construction. Responsible Implementation Stage Party/Monitoring Party Project Proponent City Public Works Department, Project Contractor On -going project maintenance Approved dust control plans prior to site disturbance. Adherence to the confirmed plans during all project plan reviews. City Engineer, Project Prior to issuance of Contractor grading plans PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Biological Resources Cultural and Tribal Resources Level of Impact After Mitigation MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR! SCH No. 2019011044 Mitigation Measure BIO-1: Payment of CVMSHCP Fees The Project proponent shall be required to pay the CVMSHCP local Less Than Significant development mitigation fee to mitigate for impacts to covered species and natural communities within the Project site. B10-2: 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 deemed necessary by the consulting biologist, immediately prior to initiation Less Than Significant of project -related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100 — 300 feet for songbirds. B10-3: 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 prior to ground disturbance, and the second shall occur within 24 hours of Less Than Significant ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using 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 working onsite shall be required to complete a worker education program Less Than Significant performed by a qualified archaeologist that describes potential archaeological artifacts, human remains, and other cultural materials that could be unearthed during the Project development process, and the procedures required in the event such a discovery is made. Responsible Party/Monitoring Party Implementation Stage City Building Department, Project Prior to construction. Contractor City Planning Department, Project Biologist City Planning Department, Project Biologist City Planning Department, Project Archaeologist In the event ground disturbance occurs during the referenced time frame, prior to ground disturbance. In the event ground disturbance occurs during the referenced time frame, prior to ground disturbance. Prior to any site disturbance. During all phases of construction. 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 Mitigation Geology and Soils Responsible Implementation Stage Party/Monitoring Party 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 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 5 feet laterally beyond the footing limits. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Level of Impact After Mitigation Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure GEO-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 following criteria: Plastic Index I <12 Liquid Limit ( <35 % Soil Passing #200 Sieve I Between 15% - 35% Maximum Aggregate Size 13 inches Responsible Implementation Stage Party/Monitoring Party Project Contractor, Project Geologist GEO-4: Shrinkage and Subsidence Project Contractor, 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 the proposed construction, Excavations to depth of 20 feet should have slope cuts no steeper than horizontal to one vertical (1:1). GEO-6: Conventional Shallow Spread Footings Adequate support for the proposed resort buildings and surf lagoon enclosed walls will be provided through Conventional Shallow Spread Footings. GEO-7: Slabs -on -Grade Concrete slabs -on -grade must be placed on compacted engineered fill to provide uniform support. Sladden Engineering has recommended a minimum slab thickness of 4-inches and a minimum reinforcement consisting of #3 bars at 18-inches on center in each direction shall be required. GEO-8: Structure Mat Slabs Structure Mat Slabs: Structure Mat Slabs shall be required for the below grade structures associated with the wave generating equipment which would meet an allowable soil bearing pressure of 3,000 psf. 16 Project Contractor, Project Geologist Project Contractor, Project Geologist, Project Engineer Project Contractor, Project Geologist, Project Engineer Project Contractor, Project Geologist, Project Engineer During grading. During grading. During grading. During slab construction. During slab construction. During slab construction. 11111 PLANNING COMMISSION RESOLUTION NO. 2764 MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Level of Impact After Impact Heading Mitigation Measure Mitigation Less Than Significant Less Than Significant GEO-9: Retainine Walls: Subterranean parking levels and the surf lagoon would require retaining walls. Ground surface behind retaining walls shall be sloped to drain. 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: Pavement Material Asphalt Concrete Surface Course Class II Aggregate Base Course Compacted Subgrade Soil Required Thickness 3 inches 4 inches 12 inches GEO-11: Corrosion Series: Prior to ground disturbing activities, a corrosion Less Than Significant expert shall be consulted regarding appropriate corrosion protection measures for corrosion sensitive installation. Less Than Significant GEO-12: Utility Trench 8ackfill: All utility trench backfill shall be compacted to a minimum relative compaction of 90%. GEO-13: Exterior Concrete Flatwork: The subgrade soil below concrete Less Than Significant flatwork areas shall first be compacted to minimum relative compaction of 90 percent to minimize cracking of concrete flatworks. Less Than Significant Less Than Significant GEO-14: Drainage: To provide rapid removal of surface water runoff to an adequate discharge point, all final grades shall be provided with positive gradients away from foundations. In addition, surface water shall be directed away from building foundations to an adequate discharge point to reduce 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 within 50 feet of the discovery shall be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the finds. 17 Responsible Party/Monitoring Party Implementation Stage Project Contractor, Project Engineer Project Contractor, Project Engineer During Construction During construction. Project Contractor, Prior to ground Project Geologist disturbance. Project Contractor, Project Geologist Project Contractor, Project Geologist, Project Engineer Project Contractor, Project Geologist, Project Engineer Project Contractor, Project Archaeologist During construction. During construction. During construction. During grading. 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 Mitigation Responsible Party/Monitoring Party Implementation Stage 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 dust. Project Contractor GEO-19: Prior to ground disturbing activities, all employees at the Less Than Significant construction site shall be trained in earthquake preparedness and identify 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 Emissions Unavoidable • Require mandatory waste diversion of 100% inert and 75% Building Department 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. 18 During grading and hauling operations. Prior to ground disturbing activities Approved building plans and landscaping plans prior to site disturbance. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Hydrology and Water Quality Public Services Level of Impact After Mitigation Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less than Significant Less than Significant Less than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure Responsible Party/Monitoring Party Implementation Stage HYD-1: BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water quality impacts resulting from the Project City Engineer, Project meet the City's NPDES standards. Contractor HYD-2: 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. HYD-3: The Project shall be subject to NPDES Construction General Permit requirements. HYD-4: The Turf Reduction Program shall be completed prior to the issuance of certificates of occupancy for the surf center. PS-1: All components of the Project shall be required to employ on - site private security. 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 a "Special Event Temporary Entertainment Permit." Event notifications and specifics shall be approved in advance with the RCSD and Fire Marshall prior to scheduled events. 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 "dead zones," and professional security personnel. The Project proponent shall coordinate with the Police Department to assure the Project is designed to address these and other safety concerns. PS-4: During construction, excavation areas, construction staging, and storage areas shall be fenced and locked. All equipment shall be returned to staging and storage areas at the end of each workday. 19 Project Contractor City Engineer, Project Engineer City Planning Department, Project Contractor Project Proponent, Lease holder City Planning Department, Project Proponent, Lease holder, RCSD, Cal Fire Project Proponent, RCSD Project Contractor Approved plans prior to site disturbance. Implementation during all construction activities. During all stockpiling activities. During construction activities. Prior to issuance of certificates of occupancy for surf center. Prior to issuance of certificates of occupancy. Two weeks prior to a special event. Prior to approval of building plans. During all phases of construction. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Transportation Level of Impact After Mitigation Less Than Significant Less Than Significant Less Than Significant Less Than Significant Less Than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure 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 Drive. The fair share amount shall be 12.1%, as defined in Table 1-5 of the "Desert Wave Traffic Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019. Signal timing shall be coordinated with the 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 Place Drive at Cook Street to provide a minimum of 165 feet of storage. TRANSP-3: Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the Project site. TRANSP-4: Sight distance at each Project access point shall be reviewed with respect to Caltrans and City of Palm Desert sight distance standards at the time of preparation of final grading, landscape, and street improvement plans. TRANSP-5: 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 supplemented with individual plans addressing specific special events based on their size and duration. The Special Event Traffic Management Plan shall be submitted to the City prior to certificate of occupancy for the Surf 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. 20 Responsible Implementation Stage Party/Monitoring Party City Public Works Department, Project Proponent City Public Works Department, Project Proponent City Public Works Department, Project Proponent City Public Works Department, Project Proponent City Public Works Department, Project Proponent, Lease holder Prior to occupancy of first building. Prior to occupancy of first building. Prior to occupancy of first building. Prior to issuance of building permits. Prior to issuance of certificates of occupancy for surf center. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Level of Impact After Mitigation Less Than Significant Less than Significant Less than Significant Less than Significant Less than Significant Less than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure 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 spaces required shall be based on the number of planned attendees, divided by 2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the "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 signs (CMS) along Country Club Drive and Cook Street to facilitate event traffic to and from on -site and off -site parking. 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) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive & Project entrance. Any plans involving law enforcement personnel 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 announcements (PSA) to provide information to event guests prior to the event. Examples include, but are not limited to, online event information (i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event, and brochures. TRANSP-10: The City shall provide traffic signal timing adjustments based on the expected peak arrival and departure periods of the special event at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country Club Drive. TRANSP-11: In developing the Special Event Traffic Management Plan, the Project proponent shall include the designation of convenient and accessible drop-off and pick-up areas to promote ridesharing and reduce parking demands. The Plan may also include short-term parking with time 21 Responsible Party/Monitoring Party Implementation Stage City Planning Department, Project Proponent, RCSD At least two weeks prior to special event. City, Project Proponent, Prior to issuance of Lease holder certificates of occupancy City Planning Department, Project Proponent, Lease holder, RCSD City Planning Department, Project Proponent, Lease holder. City Public Works/Engineer City Planning Department, Project Proponent, Lease holder At least two weeks prior to special event. At least two weeks prior to special event. Prior to special event At least two weeks prior to special event. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Level of Impact After Mitigation Less than Significant Less than Significant Less than Significant Less than Significant Less than Significant Less than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure 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 employees to increase available on -site parking for guests. Employee parking sites shall be served by shuttles that transport employees to and from the Project site. TRANSP-13: In developing the Special Event Traffic Management Plan, the Project Proponent shall include implementing valet parking to increase available on -site parking capacity. TRANSP-14: The Project proponent shall demonstrate availability of additional parking spaces at Desert Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special event. Shuttle service to/from the Project site shall be provided to serve all off -site parking locations. TRANSP-15: Prior to site disturbance, construction staging plans shall be approved by the Public Works, Fire, and Police Departments to assure they adequately consider and account for temporary detours, changing access to business and residential areas, and emergency access, and that they cause minimal disruption to adjoining streets and land uses, during all phases of 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 Manager shall monitor the condition of these routes throughout the construction process and, in the event of an accidental load spill or other 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 internal circulation improvements shall comply with City of Palm Desert access and design standards and be reviewed by the City Engineer and Fire and Police Departments. 22 Responsible Party/Monitoring Party Implementation Stage City Planning Department, Project Proponent, Lease holder, RCSD City Planning Department, Project Proponent, Lease holder, RCSD City Planning Department, Project Proponent, Lease holder, RCSD City Public Works, Project Contractor, RCSD, Cal Fire At least two weeks prior to special event. At least two weeks prior to special event, At least two weeks prior to special event. Prior to site disturbance. Project Contractor, City Public Works During all phases of Department construction City Engineer, RCSD, Cal Prior to issuance of Fire building permits. PLANNING COMMISSION RESOLUTION NO. 2764 Impact Heading Level of Impact After Mitigation Less than Significant Less than Significant Less than Significant MITIGATION MONITORING & REPORTING PROGRAM DSRT SURF Specific Plan EIR/ SCH No. 2019011044 Mitigation Measure TRANSP-18: Parking adjacent to the surf lagoon, surf center, hotel, villas, and other buildings shall be prohibited, where necessary, to provide unobstructed access by emergency service vehicles and first responders. TRANSP-19: The Police and Fire Departments shall be provided with a Knox Box or other master key or access code that enables immediate entry to the Project's secured emergency access gate on Willow Ridge. TRANSP-20: The Project proponent shall participate in the CVAG's TUMF program by paying the requisite TUMF fees. 23 Responsible Party/Monitoring Party Implementation Stage Project Engineer, RCSD, Cal Fire Project Proponent, Lease Holder, RCSD, Cal F ire Project Proponent, City Building Department Prior to issuance of certificates of occupancy. Prior to issuance of certificates of occupancy. Prior to issuance of grading permit.