HomeMy WebLinkAboutCC RES 91-090� .r J v ._. _ ._ _ _ . . ., . - _
A RE.. _.: JTION OF THE CITY COUNCI, ':HE
CITY OF PALM DESERT APPROVIAIG A TENTATIVE
TRACT MAP FOR A 450 UNZT COUNTRY CLUB
SOUTHEAST OF INDIAN HILLS WAY AND HIGHWAY
74.
CASE NO.: TT 25296
WHEREAS, the Planning Commission of the City of Palm Jeser�.
California, did on the 21st day of May, 1491, hold a duly noticed ��.:b'_�:
hearing and continued public hearings on� July 11, August 1, anc r�1�:15�
5, 1991, to consider the request by Bighorn Ventures for c���ect
described above; and
WHEREAS, the Council of the City of Palm Desert, California did c�.
the llth day of July, 1991, hold a duly noticed public heari^g anc
continued public hearing on August 1, 1991, to consider the req�:es� by
Bighorn Ventures for the same project; and
WHEREAS, said application has complied with the requirements of zhe
"City of Palm Desert Procedure for Implementation of the Calif�rnia
Environmental Quality Act, Resolution No. 80-89", in �act a.^.
environmental impact report has been prepared in accordance �ai�h �::e
requirements of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desir�ng to
be heard, said city council did find the following findings:
1. The proposed map is consistent with applicable genera� an�?
specific plans by proposing over 1,000 fewer units �:zar.
allowed by the general plan.
2. The design or improvement of the proposed subdivisicn �s
consistent with applicable general and specific plans by the
requirement that it obtain an encroachment permit �_�.,.
Caltrans for access to Highway 74 and meeting h���s�:a
development policies. .
3. The site is physically suitable for the type of deveiopr:e-:-
by meeting hillside development standards, pro���c�::=
protective flood control installations and avoidance .,-
significant rock out-croppings.
4. The site is physically suitable for the density of devel��^�e:;-
by proposing 1,000 fewer units than allowed by both t^e
general plan and zoning ordinance and meeting hi'is���
development standards.
�. That the design of the subdivision or the propcs��
improvements are not likely to cause substantial environTen�a:
damage or substantially and avoidably injure fish or wi=3'_�=�
of their habitat by reasons stipulated within e.i.r.
�
RESOLUTION NO. 91-
C�
0
The design of the subdivision or the type of improvements is
not likely to cause serious public health problems with
implementation of mitigation measures contained in e.i.r.
7. That the design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public at
iarge, for access through or� use of property within the
proposed subdivision by making roadways within project
available for properties with current access easements and
relocating utility easements.
8. The map will allow unrestricted solar access to all lots by
providing open space throughout project.
WHEREAS, in the review of this tentative tract map the city council
has considered the effect of the contemplated action on the housing
needs of the region for purposes of balancing these needs against the
pub: � service needs of the residents of the City of Palm Desert and its
env�_:zs, with available fiscal and environmental resources.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1.
�
That the city council does hereby approve Tentative Tract No.
25296.
That the above recitations are true, correct and constitute
the findings of the City Council in these cases.
PASSED, APPROVED and ADOPTED at the meeting of the Palm Desert City
Council held on this 5th day of Au ust, 1991, by the following vote to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
A�I'TE S T :
KELLY,
BENSON,
NONE
NONE
rs
WILSON, SNYDER
CRITES
� ��v
WALTER H. SNYDER, Mayor
SHEILA GILiI�, City , eZ'k
City of Palm Desert, � al.ifornia
2
.�_ . -,
CONDITIONS OF APPROVAL
CASE NOS. TT 25296
Department of Community Development:
1. The development of the property shall conform substantially with
exhibits on file with the department of environmental services, as
modified by the following conditions.
2. Development shall be subject to fees in keeping with city policy,
such as school and art-in-public-places.
3. Recordation of said map shall occur within 24 months from the date
of final approval unless an extension of time is granted by the
planning commission; otherwise said approval shall become null ar.d
void and of no effect whatsoever.
4. The development of the property described herein shall be subject
to the restrictions and limitations set forth herein which are in
addition to all municipal ordinances and state and federal stat�ates
now in force or which hereafter may be in force.
�. Prior to the issuance of a building permit for construction of any
use contemplated by this approval, the applicant shall first obtain
permits and/or clearance from the following agencies:
Public Works Department
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
United States Fish & Wildlife Service
Evidence of said permit or clearance from the above agencies sha11
be presented to the Department of Building and Safety at the tir:e
of issuance of a building permit for the use contemplated herewith.
6. Subdivision shall be provided with six foot high block wa:.�
adjacent to public streets, and shall provide for anticipated
adjacent grades (except for required openings).
7. Private street proposed adjacent to The Summit shall not exceed �.n
elevation 3 feet from top of curb to concrete swale located with�.:�
the perimeter of The Summit, or 5 feet below the top of the wa1L.
3
RESOLUTION NO. 91-
S. Proposed pad elevations adjacent to home on A.P.N. 631-160-004
shall not exceed natural terrain.
9. Final grading plan for hillside area shall be subject to review by
planning commission prior to grading activity in this area. Golf
course shall integrate natural terrain and landscaping into course
design. .
10. Final grading plan for hillside area to include re-naturalization
measures and grading restrictions as specified in hillside
ordinance.
11. Homes and roadway within 500 feet of southern property line shall
include installation of mature trees to mitigate light generation
and vistas from bighorn pens.
12. Set backs for the detached units shall be as identified on TT
25296.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid
prior to recordation of final map.
2. Drainage facilities shall be provided to the specifications of the
Director of Public Works. In addition, proposed drainage
facilities/improvements shall be subject to review and approval by
the Coachella Valley Water District.
3. Storm drain construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and
approved by the Department of Public Works and the Coachella Valley
Water District. Said study will include, but not limited to, the
investigation of both upstream and downstream conditions with
respect to existing and proposed conditions.
4. Signalization fees, in accordance with City of Palm Desert
Resolution Nos. 79-17 and 79-55, shail be paid to recordation of
final map.
5. Full public improvements, as required by Sections 26.40 and 26.44
of the Palm Desert Municipal Code, shall be installed in accordance
with applicable City standards. Al2 improvements within State
Highway 74 right-of-way shall be in accordance with Caltrans
standards.
4
:'.����:;"'=�'� . _ . ?_- =G
6. Lmprovement plans for water and sewer systems shall be ap�ro•�ed h1
the respective service districts with "as-built" plans submi�t��
to the Department of Publ�c Works prior to project fi�al.
7. Improvement plans for all improveme�ts, public and private, sha«
be received and approved by the Public Works Department. The
installation of such improvements shall be inspected by the �u'�lic
Works Department and a standard inspection fee shall be oaid orior
to issuance of grading permits.
8. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvemen�
plans and specifications shall be submitted to the Di�ector of
Public Works for checking approval before construction of anv
improvements is commenced. Offsite improvement plans for ali
improvements within existing and proposed public rights-of-way to
be approved by the Public Works Department and a surety posted �o
guarantee the installation of required offsite improvements p�io�
to recordation of final map. Such offsite improvements shall
inclufle, but not be limited to, curb and gutter, asphalt paving and
concrete sidewalk in an appropriate size and configuration and
provisions for decelerationiacceleration lanes at project entr�
points. "As-built" plans shall be submitted to, and approved by,
the Director of Public Works prior to the acceptance of the
improvements by the City of Palm Desert.
9. Landscaping maintenance on State Highway 74 and Portola Aver.se
(Carriage Trail) shall be provided by the homeowners assoc�a�io^.
10. Waiver of access to State Highway 74 and Portola Avenue (Carriage
Trail), except at approved locations, shall be granted on tne =ina�
Map.
11. In accordance with Palm Desert Municipal Code Section 26.�4,
complete gzading plans and specifications shall be submitted to t^e
Director of Public Works for checking and approval pr�or to
issuance of any permits.
12. As required by Sections 26.32 and 26.40 of the Palm Dese��
Municipal Code, and in accordance with the Circulation :�'etwork of
the City's General Plan, dedication of half-street right-of-�.:ay a�
55 feet on State Highway 74 shall be provided on the final map.
13. As required under Section 12.16 and 26.44 of the Palm Dese=t
Municipal Code, any existing overhead utilities shall be giaced
underground per each respective utility districts recommendat�or..
If such undergrounding is determined to be unfeasible by the ci-;•
5
RESOLUTZON Np, 91-On
�
and the respective utility districts, applicant shall agree to
participate in any future utility undergrounding district.
14. Traffic safety striping on State Highway 74 shall be provided to
the specifications of the Director of Public Works and Caltrans.
A traffic control plan must be submitted to, and approved by, the
Director of Public Works and Caltrans prior to the placement of any
pavement markings.
15. Full improvement of interior streets based on residential street
standards in accordance with Section 26.40 of the Palm Desert
Municipal Code shall be provided.
16. Complete tract map shall be submitted as required by ordinance to
the Director of Public Works for checking and approval and be
recorded before issuance of any permits associated with this
project.
17. Any and all offsite improvements shall be preceded by the approval
of plans and the issuance of valid encroachment permits by the
Department of Public Works and Caltrans, as applicable.
18. A complete preliminary soils investigation, conducted by a
registered soils engineer, shall be submitted to, and approved by,
the Department of Public Works prior to the issuance of any permits
associated with this project.
19. Pad elevations, as shown on the tentative map, are subject to
review and modification in accordance with Chapter 27 of the Palm
Desert Municipal Code.
20. All required offsite improvements for this project shall be
installed in conjunction with the first phase of development. In
addition, provisions for secondary emergency access shall be a part
of, and coincide with, the first phase of the development.
21. Site access, with respect so size, location and number, shall be
subject to review and approval by the Department of Public Works
and Caltrans.
22. Applicant shall comply with those recommendations specified in the
Caltrans Development Review dated September 29, 1989.
23. Applicant shall provide a phasing plan which specifies the projec�
construction activity with respect to on-site/off-site
infrastructure improvements as well as possible final map filing.
�
.:�
=J_._...._,_. . �. �1-�O
24. Provision for the
may be affected by
final map process.
City Fire Marshal:
continuation of any existing access rights ::::��::
this project shall be included as a part of -r.e
1. The Fire Department is required to set a minimum fire flow for the
remodel or construction of all commercial buildings per Unifor:�
Fire Code Sec. 10.301C.
2. Provide, or show there exists, a water system capable of providir.�
a potential fire flow of 3000 gpm for the commercial and assembly
areas, 2500 gpm for the multifamily areas, 1500 gpm for single
family areas and the actual fire flow available from any cne
hydrant connected to any given water main shall be 1500 gpm =or 2
hours duration at 20 psi residual operating pressure.
3. A fire flow of 1500 gpm for a 2-hour duration at 20 psi residual
operating pressure must be available before any combustio�e
matezial is placed on the job site.
4. RESiDENTIAL AREAS - The required fire flow shall be available frcm
a Super hydrant (s) (6" x 4" x 2-1/2" x 2-1/2"), located not less
than 25' nor more than 165' from any portion of the building(s) as
measured along approved vehicular travelways. Hydrants installed
below 3000' elevation shall be of the "wet barrel" type.
�. COMMERCIAL/ASSEMBLY AREAS - A combination of on-site and off-si�e
Super fire hydrants, ( 6" X 4" X 2-1/2" X 2-1/2" ), will be required,
located not less than 25', or more than 165', from any portion o�
the building(s) as measured along approved vehicular travelways.
The required fire flow shall be available from any adjacen=
hydrant(s) in the system.
E, The required fire flow may be adjusted at a later point in tn?
permit process to reflect changes in design, construction type,
area separations, or built-in fire protection measures.
7. Prior to the application for a building permit, the developer shal�
furnish the original and two copies of water system plan ta the
County Fire Department for review. No building permit shall be
issued until the water system plan has been approved by the Cou::�•�
Fire Chief. Upon approval, the original will be returned. C:.e
copy will be sent to the responsible inspecting authority.
8. Plans shall conform to fire hydrant types, location and spac�r.g,
and the system shall meet the fire flow requirements. Plan sha�:
be signed by a Registered Civil Engineer andy may be signed by the
7
RESOL'JTZO� v0. 91-a�
local water company with the following certification: "I certify
that the design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire Department".
9. Certain designated areas will be required to be maintained as fire
lanes.
10. All buildings shall be accessible by an all-weather roadway
extending to within 150' of all portions of the exterior walls of
the first story. The roadway shall be not less than 24' of
unobstructed width and 13'6" of vertical clearance. Where parallel
parking is allowed, the roadway shall be 36' wide with parking on
both sides, 32' wide with parking on one side. Dead-end roads in
excess of 150' shall be provided with a minimum 45' radius
turn-around (55' in industrial developments).
11. Whenever access into private property is controlled through use of
gates, barriers, guard houses or similar means, provision shall be
made to facilitate access by emergency vehicles in a manner
approved by the Fire Department. All controlled access devices
that are power operated shall have a radio-controlled over-ride
system capable of opening the gate when activated by a special
transmitter located in emergency vehicles. Devices shall be
equipped with backup power devices to operate in the event of power
failure. All controlled access devices that are not power operated
shall also be approved by the Fire Department. Minimum opening
width shall be 12', with a minimum vertical clearance of 13'6".
12. Provide secondary access to project.
of 600 feet must be provide
(Alternative-Developer must agree to
those streets that exceed 600 feet).
15�.
Inventory of Mitigation Measures:
Dead-end streets in excess
d with alternative access
sprinkler all dwellings on all
Street grades may not exceed
1. Prior to the issuance of grading permits, the applicant shall
obtain approval by the City Engineer of a grading operations plan
including water procedures to minimize dust, and equipment
procedures to minimize vehicle emissions from gradinq equipment.
The plan shall provide that grading operations by suspended during
second (or worse) state smog alerts by the AQMD.
2. Prior to the issuance of a grading permit, the applicant shall
submit a final geotechnical report to the City Engineer. The
report will be based on 100-scale maps and will primarily involve
assessment of potential soil related constraints and hazards, such
as landslides, settlement, liquefaction or related seismic impacts
E:7
..�J........ -��.. - . . - 7�i
where determined to be appropriate by the City of Palm Deser'�. -
report shall also include evaluaticn of potential expansive sc:��
and recommended construction procedures and/or design cri�e�ia �_
minimize the effect of these soils on the proposed development, as
well as an analysis of soil properties to determine any ex�ste^ce
of soluble sulfate in tne soil. This report shall recoT�e::�
appropriate mitigation measures of the grading permit and s^all �e
completed in a manner specified in the City of Palm Desert Gradir.y
Excavation Ordinance.
3. Prior to the issuance of a grading permit for each phase oF
development, a grading plan shall be submitted for the review and
approval of the City Engineer. Said plan shall incorporate tze
following measures:
a. SCAQMD Rule 403 shall be adhered to which requires waterir.y
or application of soil binders to limit dust generatior..
b. Grading shall not occur when wind speed exceeds 20 mi'_es pe�
hour.
c. A street sweeping program shall be undertaken to ���u:,e
fugitive dust from traffic.
d. All construction vehicles shall be washed off before �eavi^g
the site.
e. Parking areas for construction personnel shall be placed :..
such a manner that traffic flows are not interfered witr.
f. Construction activities which affect roadways sha�� �e
undertaken in during off peak hour only and in such a nanzer
that at least one lane remain open in each direction.
4. To reduce pollutant emissions from construction equipment, sa�c
equipment shall be property tuned and maintained. Compliance shal�
be demonstrated to the satisfaction of the City Engineer.
5. Prior to issuance of the grading permit, the applicant shall su�r���
a plan for the review and approval of the City Engineer ar.d �::e
Coachella Valley Water District indicating that all excess =u^c=�
generated by the project shall be retained on-site.
6. Prior to issuance of the grading permit, the applicant shall su�m_�
an erosion control plan for the review and approval of the Ci�•:
Engineer and the Coachella Valley Water District. Said plan sha�=_
indicate temporary erosion control measures that shall �e
E
RESOLUTION NO. 9Z-��
�
implemented until the proposed drainage control improvement
� measures are completed.
7. Prior to issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the City Engineer and
the Coachella Valley Water District:
a. A drainage study of the subdivision, including diversions,
off-site areas that drain onto and/or through the subdivision,
and justification of any diversion; and
b. A drainage study evidencing that proposed drainage patterns
will not overload existing storm drains; and
c. Detailed drainage studies indicating how the tract map
grading, in conjunction with the drainage conveyance systems,
including applicable soils, channels, street flows, catch
basins, storm drains and flood water retarding, will allow
.building pads to be safe from inundation from rainfall runoff
Which may be expected for all storms up to and inciuding the
theoretical 100-year flood.
d. A plan for stormwater protective works.
8. Prior to the issuance of any grading permits, the applicant shall
design the following improvements and provide necessary dedications
in a manner meeting the approval of the City Engineer and the
Coachella Valley Water District:
a. Al1 provisions for surface drainage; and
b. All necessary storm drain facilities extending to a
satisfactory point of disposal for the proper control and
disposal of storm runoff; and
c. Where determined necessary by the City Engineer, the
associated easements shall be dedicated to the City of Palm
Desert, the County of Riverside, or the Coachella Valley Water
District. Prior to recordation of any final tract map or
prior to issuance of certificates of use and occupancy,
whichever comes first, said improvements shall be constructed
in a manner meeting the approval of the City Engineer and the
Coachella Valley Water District.
9. Prior to recordation of a final map, the applicant shall construct
or post security guaranteeing the construction of the foliowing
public and/or private improvements in conformance with applicable
City standards:
10
=..:.���...��. ��`�. ?�-av
* All street improvements
* Storm drain facilities
* Subdrain facilities
* Landscaping irrigation control system (streets, parks, and
public areas)
10. Prior to issuance of a grading permit, the applicant shall instail
facilities to prohibit access to the Dead Indian Creek Stormwater
Channel right-of-way in a manner meeting the approval of the Chief
Engineer, Coachella Valley Water District.
11. Prior to the issuance of any building permit, the applicant shall
arrange for the relocation of any Coachella Valley Water District
facilities affected by the project, in a manner meeting the
approval of the Chief Engineer, Coachella Valley Water District.
12. Prior to the issuance of any grading, clearing or other landform
modification permit, the developer shall submit written evidence
to the Director of Community Development that appropriate federal,
state and county permits have been obtained for the biological
resources on-site to be removed by development. Said permits shall
specify the timing, nature and review authority for the mitigation
measures, if any, which are required in connection with these
removals. No removals shall be authorized until all necessary
resource agency permits have been obtained.
13. Prior to the issuance of a grading permit, the developer shall
deposit with the City of Palm Desert an amount equal to the cost
of a second fence surrounding the 30-acre pen on BHI property. T'�e
cost of said fence shall be established by consultation with Bc?:
or, if BHI has no input, by a statement of cost by a fencir.g
contractor. The fence shall be of the same size and material as
that currently enclosing the pen. The cash deposit shall be
released to BHI upon BHI's submittal of evidence to the director
of Community Development that the funds will be used to construct
the fence within 90 days of receipt of funds. Said funds shall be
refundable if fence is not constructed within one year.
14. Prior to the issuance of any grading permit, the developer shall
submit evidence to the Director of Community Development that ^o
standing water for construction purposes (e.g., dust control) is
maintained over 72 hours on-site. The Director, through posted
warnings and grading inspection, shall ensure that no workers `r
equipment are permitted outside construction areas.
11
RESOLUTION NO. 91-'
�
15. Prior to the issuance of any grading permit, the developer shall
submit to the Director of Community Development for review and
approval of a development control plan evidencing the following:
a. Roads and driveways shall be designed in a manner so that they
reduce headlight shine on the bighorn pens.
b. Structure designs shall incorporate non-glare materials,
including windows and any other exterior fixtures. Use of
exterior lighting should be kept to an absolute minimum with
absolutely no lights pointed upward the sheep pen. These
restrictions should be included in the development CC&R's.
c. Use of exterior street lights shall be kept to a minimum.
Those that are required should be directed in a manner so that
they do not shine upwards or towards the pen, nor should they
be a high glare type of light.
d. . No outdoor dogs shall be allowed in the southern portion of
the development that boarders the buffer zone. Furthermore,
a leash law shall be established and strictly enforced in the
CC&R's.
e. Additional; CC&R's shall be developed that implement noise
restrictions in the development and especially in the southern
portion. These would include restrictions on fireworks, gas
powered blowers, racing of motorcycles or other loud vehicles
through the development, and excessively loud celebrations or
music.
f. Use of the golf course shall be restricted to daylight hours
only, except for routine maintenance.
g. Pond banks shall be created with a 45 degree or greater s1o�e
with an absolute minimum depth of 1 foot.
h. Pond banks shall be concrete to eliminate insect breeding
habitat.
i. Mosquito fish (Gambusia affinis) shall be released into por.ds
to provide a biological control of insect larvae.
j. Watering systems for the golf course and other areas shall be
a subsurface drip irrigation system to eliminate surface water
which may provide breeding habitat for Culicoide gnats and
other insect vectors wherever feasible.
k. Xeric adapted plants that are native to the Coachella Va11ey
shall be utilized in the general landscaping designs. P1ant
12
lists shall emphasize native vegetation such as smoke `rees,
occotillo, yucca, succulents, gravely ground covers an� ��.:
like.
16. Prior to the issuance of any grading permit or any permit for ��e
modification of land on the Altamira site, a biologist retained �•�
the Director of Community Development for the City of Palm Deser~
shall prepare and submit to the City and the U.S. Fish and ��Iild�i`e
Service a desert tortoise 100$ coverage survey in accordance witn
the protocol established for such survey by the U.S. Fish and
Wildlife Service. Adjustments to the project, if any, shall be in
accordance with the U.S. Fish and Wildlife Service determinat�.;:�.
The applicant shall pay for such a study.
17. Prior to the issuance of any grading permit, the developer sha�l
submit to the Director of Community Development a report by a
qualified biologist on the status of the burrowing owl nest. `:o
construction activities shall take place in the vicinity of t^e
next between April 1 and July 31.
18. Prior to the removal of any smoke tree, the developer shall subm-�t
evidence to the Director of Community Development that t^e
necessary permit(s) have been obtained from the County Agricu�tura�
Commissioner.
19. Prior to the issuance of a grading permit, the applicant sha�i
provide written evidence to the City Engineer that a certified
archaeologist approved by the city has been retained, shall �e
present at the pre-grading conference, shall establish procedures
for archaeological resource surveillance, and shall establish, �..
cooperation with the project developer, procedures for tem{�orar��l•
halting or redirecting work to permit the sampling, identificatior.,
and evaluation of artifacts as appropriate. If additional �_
unexpected archaeological features are discovered, ��:e
archaeoZogist shall report such findings to the project developer
and to the Director of Community Development. If the
archaeological resources are faund to be significant, �':e
archaeological observer shall determine appropriate actions, '_r,
cooperation with the project developer, for exploration and.or
salvage. Excavated finds shall be offered to the City cf Pa�:^
Desert on a first refusal basis. Applicant may retain said Fir,�s
if written assurance is provided that they will be proper=;�
preserved in Riverside County, unless said finds are of specia:
significance, or a museum in Riverside County indicates a desire
to study and/or display them at this time, in which case items
shall be donated to the city or designee. These actions, as we��
as final mitigation and disposition of the resources, sha11 be
subject to the approval of the Director of Community Developmen�.
13
�ESOLUTION VO. 91-90
20. Prior to the issuance of a grading permit, the applicant shall
submit a grading plan for the review and approval of the City
Engineer. Said plan shall demonstrate that the following measures
have been incorporated:
a. The private street proposed adjacent to The Summit shall not
exceed in elevation three ( 3�) feet from the top of curb to
concrete swale located within the perimeter of The Summit, or
five (5) feet below the top of the wall.
b. Pad elevations in the area adjacent to The Summit shall not
exceed 2.5 feet in elevation from top of curb on the directly
adjacent private street.
21. Prior to the issuance of building permits for any units on the
northern site edge, the applicant/developer shall submit
architectural plans for the review and approval of the Director of
Community Development. Said plans shall demonstrate the following:
a. Building heights in the area adjacent to The Summit shall not
exceed 18 feet.
b. Horizontal architectural elements shall be emphasized for
structures adjacent to or directly exposed to views from The
Summit. Primarily vertical features such as large, unbroken
wall faces shall be avoided.
c. Shallow roof pitches shall be encouraged for structures
adjacent to or directly exposed to views from The Summit.
Structures with flat roofs at or close to the maximum
permissible building height shall be avoided.
d. The orientation of all exterior light sources shall be
directed away from residences within The Summit. Exterior
lighting near the norther edges of the property shall be low
level and low wattage. Floodlighting of structures, trees,
or plantings for purely display purposes in this area shall
be avoided.
e. Landscaping between the proposed private drive and the block
wall along the boundary with The Summit shall employ a plant
palette the mature height of which does not exceed the wa11.
Intermittent formal clusters of palm trees are permissible in
this area.
22. Prior to the issuance of a grading permit, the applicant shall
submit a grading plan for the review and approval of the City
Engineer. Said plan shall demonstrate the following:
14
�
� J r � .. � _ _ ' . _ . . � � ..
a. Grading or ground disturbance on areas currently exposed as
bedrock along the far southern edge of the property shali be
avoided, most significantly on the hillside at the
southeastern edge of the site.
b. Grading techniques used for the area south of Dead �r.dian
Creek/Carriao Creek wash shall emphasize slope contouring and
variable slopes. Hard edges and angles are to be avoided;
tops and toes of slopes shall be blended with remaining area
of the rugged and uneven surrounding natural surface.
23. The proposed project shall comply with all applicable Public
Utilities Commission regulations. Builders will be required to
comply with adopted state energy conservation standards per
Sections 1451-1542 of Title 20 of the California Administrative
Code and Sections P-20-1451 through P-20-1542 of Title 24 of the
Code. This mitigation measure shall be monitored through the
City's building code enforcement process.
24. Prior to the issuance of grading permits, the applicant shall
submit revised plans indicating the bike trail on the east side of
Highway 74 for the review and approval of the Director of Community
Development. The applicant shall bond for or otherwise guarantee
construction of the bike trail prior to the issuance of building
permits in a manner meting the approval of the City Engineer.
25. Prior to recordation of a final subdivision map, the applicant
shall comply with the Local Park Code either through the dedica�ion
of land and improvements or the payment of in-lieu fees as approved
by the Director of Community Development.
26. Prior to the issuance of a building permit for any area of the
project located in the SP, "Scenic Preservation" Overlay Zoning
District (Chapter 25.44, Codified Ordinances of the City of Pa1m
Desert), project plans shall be submitted for the review and
approval of the design review board or Planning Commission. :he
purpose of such review is to acknowledge location of the project
in a scenic corridor and to review and make recommendations on
preservation of scenic vistas, setbacks, landscaping, build�ng
heights, signs and mitigation of excessive noise.
27. Prior to the issuance af certificates of use and occupancy, t!�e
following improvements shall be installed in a manner meeting t::e
approval of the City Traffic Engineer:
15
RESOLUTION �O. 91-0�
�
a.
L:�
c.
C�
A left turn pocket, 260 feet long with a 90 foot transition,
shall be striped for traffic on southbound SR 74 entering the
project.
Landscape plantings and signs shall be limited to 36 inches
in height within 25 feet of project driveways to ensure good
visibility.
Install a"STOP" sign on site egress roadway to SR 74.
Install a second project access for emergency vehicles only
at the end of Portola Avenue.
28. Prior to the issuance of certificates of use and occupancy the
applicant shall enter into an agreement with the city to
participate in a program to provide off-site improvements to
regional roadways and intersections that shall be constructed prior
to Year 2000. Final design and phasing shall be based on detailed
annual monitoring and analysis of actual traffic demands at the
critical impacted intersections identified in the EIR. Funding of
improvements shall be derived from the Uniform Transportation
Mitigation Fee and Measure A where applicable with the balance from
RDA.
29. The operators of the golf club house shall reserve and designate
at least 15� of the employee parking spaces for carpool vehicles
by marking such spaces "CARPOOL ONLY". Carpool spaces shall be
used only by carpool vehicles in which at least two of the persons
will be ecnployees. Such spaces shall be located within twenty feet
of the club house employee entrance(s) or other preferential
locations as approved by the city traffic engineer.
30. The operators of the golf club house shall provide one bicycle
parking facility (e.g., bicycle racks) for each five employees per
shift within twenty feet of the employee entrance(s) or other
preferential location as approved by the city traffic engineer.
31. Prior to the issuance of a grading permit, the applicant shali
submit plans for the provision of a bus turnout and passenger
waiting shelter north of the project entrance for the review and
approval of the director of cammunity development and the direc�or
of planning of the Sunline Transit Agency.
32. Prior to the issuance of a grading permit, the applicant shall
submit evidence to the director of community development that an
encroachment permit has been obtained from the State Department of
Transportation prior to commencing any work within the ultimate
right-of-way of State Route 74.
16
0
.�=5^.�.�:T�,.,. .�,J. _Cr.
33. prior to the issuance of grading permits, the project �r�^c::e::-
shall produce evidence acceptable to the city engineer that�.
a. All construction vehicles or equipment, fixed or rr.ob:.'_�,
operated within 1,000 feet of a dwelling unit or the southern
property boundary shall be equipped with "residential" or
"hospital" grade mufflers.
b. All operations shall comply with the I�oise Element and tio�se
Ordinance of the City of Palm Desert.
c. Stockpiling andfor vehicle staging areas shall be located as
far as practicable from dwellings and the Bighorn Institute.
34. Prior to the issuance of a grading permit, the applicant shall
submit a grading phasing plan for the review and approval of �he
city engineer. Said plan shall indicate phasing of grading su�h
that no grading or related activities will occur within 1,000 feet
of the Bighorn Institute property during lambing season (February
through May).
35. Grading activities shall be in accordance with current c��Y
ordinances.
36. Prior to the issuance of any building permit for habitable
structures, the applicant sha11 submit a lighting plan for the
review and approval of the director of community development and
the city engineer. Said plan shall indicate the location and
purpose of all light sources on the site. Lighting on the projec�
site shall be that minimally necessary for security and pub�ic
health and safety purposes. Ornamental lighting, lighting for the
driving range and tennis courts, and lighted signs shall be alic��ed
only where it can be demonstrated to the satisfaction of the
director of community development that all light rays are direcred
downward and are confined to the premises.
37. Prior to the issuance of any building permit for habitable
structures, architectural plans shall be submitted for the rev�ew
and approval of the city engineer and the director of commun�.�y
development. Said review is to ensure that all structures ut�l;ze
non-glare, non-reflective building materials including roofing
materials, paving, paint, and exterior materials.
38. Prior to the issuance of any building permits, project plans sha:l
be reviewed with the Riverside County Sheriff Department. Said
review shall focus on security measures or other design features
to ensure public safety within the project area.
17
RESOLUTION Y0. 91-�
39. Prior to the issuance of certificates of use and occupancy, the
applicant shall participate on a pro rata basis in the funding of
positions and/or equipment necessary for the Riverside County
Sheriff Department to continue to operate at its current level of
service in this portion of the city. Determination of necessary
measures shall be made by the county sheriff in consultation with
the city manager and director of community development.
40. Prior to the issuance of building permits for any residential
structures, the applicant shall pay appropriate school mitigation
fees as required by the Desert Sands Unified School District.
41. Prior to the issuance of any building permit for combustible
construction, the developer shall submit evidence to the director
of community development that a water storage and delivery
facilities plan has been approved by the CVWD and any other
agencies with jurisdiction, together with all appropriate permits
and environmental documentation therefor.
42. Prior to the recordation of a final map, the applicant sha1Z
construct or post security guaranteeing the construction of the
following public and/or private improvements in conformance with
applicable city standards:
. All street improvements
. Storm drain facilities
. Subdrain facilities
. Landscape irrigation control facilities (trees, parks and
public areas)
43. Prior to the issuance of building permits, the applicant shall
submit and have approved by the director of community development,
a water conservation statement which demonstrates compliance with
the following:
A landscape plant palette compatible with ident�fied
conditions utilizing drought resistant vegetation where
appropriate.
Reclaimed water has been used for landscape irrigation to the
extent feasible.
Water conserving features such as low volume water closets and
lavatory faucets with limited flow valves are incorporated
into the project.
44. Prior to the issuance of building permits, �he applicant shall
submit and have approved by the city engineer and the Coachella
18
�
.-..:...�_�...__�. ._ . -yv
Valley Water District a water conservation statement r�ni�h
demonstrates compliance with the following:
A landscape plant palette compatible with identified
conditions utilizing drought resistent vegetation r:here
appropriate.
Reclaimed water has been used for landscape irrigation to t�e
extent feasible.
Water-conserving features such as low volume water closets and
lavatory faucets with limited flow valves are incorporated
into the project.
45. Sewer improvement plans shall be submitted for the review and
approval of the city engineer and the Coachella Valley �,Jater
District prior to the issuance of building permits.
46.
47.
Prior to the issuance of any building permits, the applicant shall
submit a phasing plan to GTE California for review and approval.
Prior to the issuance of any building permits, the applicant shali
submit a phasing plan to Palmer Cable Vision for review and
approval.
48. The proposed project shall conform to applicable Public Utilities
Commission regulations. Builders will be required to comply with
adopted State energy conservation standards per Sections 14�'_-1�42
of Title 20 of the California Administrative Code and Sections �
20-1451 through P 20-1542 of Title 24 of the Code. This mitigation
measure shall be monitored through the city's building code
enforcement process.
49. Prior to the issuance of any grading permit, the applicant shali
enter into an agreement with the Coachella Valley Mosquito
Abatement District for the application of attractant bait for eye
gnats to the golf course and other areas of the project as
determined necessary/appropriate by the district. Evidence of
execution of said agreement shall be submitted to the cit�
engineer.
50. Prior to the issuance of any grading permit, the applicant sha��
submit a mosquito management plan for the review and approval �f
the District Manager, Coachella Valley Mosquito Abatement Dist�ic}.
Said plan shall include:
a. A maintenance program that involves vegetation management.
This important issue can be addressed in such a way as �o
19
RESOLUTION VO. 91-��
prevent weeds and aquatic vegetation, which provide ��ea�
breeding areas for mosquitoes.
b. Insure accessibility for mosquito control personnel and
equipment to the site for inspeciion and treatment.
c. Specific development plans shall incorporate vector prevention
guidelines, standards, and checklists, as provided by the
State of California Department of Health Services.
Evidence that said plan has been approved by the district shall be
submitted to the city engineer.
51. All other E.I.R. mitigation measures as setforth in Resolution �o.
91-89 attached as Exhibit B shall be conditions of approval of this
tentative tract map (TT 25296).
City Council Conditions:
1. The applicant shall be permitted 58 hillside parcels providing that
the applicant demonstrates that they conform to the goals and
purposes of the city's hillside development regulations. Said
determination shall be made by the council.
2. The applicant shall provide view openings along the wall facing
Highway 74 as approved by the city's architectural commission.
3. Applicant shall provide a parking plan providing sufficient parking
for employees and construction workers on the site said plan shal�
be approved by the City of Palm Desert.
4. Applicant shall provide recycling program for review and apor�val
by the City of Palm Desert Community Development Department and
Environmental Conservation Manage.
5. Applicant shall provide a parking and ride sharing plan to �e
reviewed and approved by the City of Palm Desert.
6. Mitigation measures within the Environmental Impact Resolut�cr.
shall supercede conditions from the tract map resolution iz
resolving conflicts between the two resolutions.
7. Applicant and the city shall approach the California Sta-�
Department of Transportation and seek to coordinate the main
entrance of the Altamira project with surrounding developments.
The goal is to minimize the number of signals and access poir.�s
along Highway 74.
20
� ^ • � ^ �v �� V : - 7 L
_.J�.l.v-. .. � • �
8. Should the Bighorn Institute relocate, the applicant shall subr�i�
an application for any development within the buffer area; said
application shall be processed as set forth in the Palm �esert
Municipal Code. The undeveloped hillside lots identified in other
conditions herein shall be part of this application.
9. A buffer in the shaF
as measured from tt
north/northeasterly
Fish and Game and
applicant.
e of an arc of 400 yards expanding to 600 yards
e 30-acre pen of the Big Horn Institute in a
direction as recommended by the Department of
shown on Exhibit A shall be provided by the
10. No building or grading permits shall be issued on the property
shown as "Reservation Area" on the tentative tract map. The city
reserves, however, the ability to review and potentially grant any
application for development approval of property within the "Buffer
Area" other than applicant's property. Such review shall be in
accord with the California Environmental Quality Act and any other
applicable municipal, state, or federal law. The city wi11
consider density transfers, transfers of development rights or
similar relief to ease any financial burden on any non-applicant
property owner affected by the Buffer Area. Applicant shall
negotiate in good faith to purchase the Del Gagnon property.
11. As a condition of approval of Resolution No. 91-90 approving
Tentative Map 25296 and, to the extent permitted by law, as a
condition of approval of Ordinance No. 617 approving Change of Zone
89-16 and, to the extent provided by law as a condition of approval
of Resolution No. 91-89 containing findings and certifying �he
Environmental Impact Report with respect to this project, ALTA;�IIRA
VENTURES hereby agrees to defend, at its sole cost and expense,
indemnify and hold harmless the CITY OF PALM DESERT, its agents,
officers and employees from any claim, action or proceeding fiied
against the CITY OF PALM DESERT, its agents, officers and employees
as a result of the local agency's approval of Resolution No. 9'-
90, Ordinance No. 617 and Resolution No. 91-89 including but :�ot
limited to: 1) actions or proceedings to attack, set aside, void,
or annul such approvals; or 2) actions or proceedings that seek
damages as a result of the finding, requirement or condition that
a reservation area be established, including any action for inverse
condemnation.
The CITY OF PALM DESERT 5ha11 promptly
any such claim, action or proceeding.
shall conduct the defense and control
PALM DESERT shall cooperate fully i
action.
PJ\db\tm
notify ALTAMIRA VENTURES of
Further, ALTAMIRR VE:�TURES
the defense. The CITY OF
n the defense of any s::cn
21
ST.�iE Of UUFORNI,►—"HE �ESOURCc'S � =Y ��'- ..,;�. _ -
� — - _
DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90807
(213) 590-5113
EXHI�IT A
July 31, 1991
Mr. Phil Joy
City of Palm Desert
73 - 510 Fred Warinq Drive
Palm Desert, California 92260
Dear Mr. Joy:
i�
,..
,�� �-�.
.�
We have been asked by the parties involved to clarify several
statements in my letter of June 27 to Mr. Phil Joy of the City of
Palm' Desert Planning Commission regardinq the Altamira Country
Club, DEIR (SCH 91012061). In that 2etter I stated "the arguments
presented to support a 600 yard buffer zone (pp 43-45) appear
reasonable". This statement is correct and we would support a
decision to adopt that described buffer. I also stated that "a
buffer" zone of less than 400 yards would be inadequate and
inappropriate for the continued activities of Institute..." I
did not define the shape of the buffer. Lastly, I stated ��we,
therefore, recommend a buffer zone as described in the section on
"Recommer�dations to Reduce Bioloqical Impacts", (pp 46-53) of nct
less than 400 yards commencinq from the boundary of the lar.ibinq
pen fence. The buffer should be free of all developments.
To clarify, my remarks means there should be a minir�u� �00
yard buffer in the shape of an arc from the edge of the la;,tbinq
pen.
We would like to inform you that the closer mountain sheep
are in proximity to people the more likely there will be inpacts.
Conversely, the larqer that buffer, the less likely there will ce
impacts.
Thank you for the opportunity to clarify my July 27 let�er.
Sincerely,
�����1���
Fred Worthle �c��
Y
Regional Manager
Region 5
cc: Paul Jensen
Howard Sarasohn
30 Gold�n 6hora, 8uite 50
:nq Beach, Ca2ltornia 90802
::3) S90•5113
June 27, 1991
Mr. Phil Joy
C1ty ot Palm Des�rt
73 - Si0 fr�d warinq Driva
Pal�a Dseert, CA 9Z160
b�ar Mr. Joyt
Th• Alta�tira Country club DEZR (sCFi 91oi2061) and its
titt�ndsr,t doCum�nts hav besn r�vi�wsd purauant to �EQA trvm th•
parsp�otiv• o� pot�ntisi proj�ct ettect• on w!ldlit• reeour�es o:
oonc�rr► to th� papartm�rt ot Fish and vamo in its dual rols ot
Trudt�� Aq�ncy and R�spon�ibl• Agency. ?hs proj�ct is propa�od a�
a platln�d community eo��i�ting ot 4�o dwellinq units eurrounding
an 2t-hol• goli oourss or a 3S2 acre sit• in th• �outhern po��:on
ot th• City o! Pelm D�s��t. It ie ima�edintely a4jec�nt to sing�•
tamily housirq en th• north ard th• mara op�n lands o! �h. H_g�:or-
8hoep Institut• to th• south.
. Th• dooumant mak�s rota:ence to tha publiv controveray ar.d
issus• reqardir�q pot�ntisl sfiacts on bighorn dhaep, but :t
locuses most ot� thor• •�psets having pot�ntial impact� to bi5:orn
in th• adjacent Ctptiv� anviranment et tha 9lqhorn Inst:t��te. It
di6cussoa �nitiqativ• nit�rnativea in two cateqo:iae - thoss
e��sooiatofl with dis�as• control throuqh th� li�nitation c� :�id;,e
roproduction and thos• a�sociatcd with stra�� to th� captiva
populntion o! P�nlnsular biqhozn 9heep.
Th• D�partmont has no obj�cticna to th� sgction ot thv EI�
dea?inq with potontinl impacts of th• project to vporatione o: the
eigho=i1 Zn�tittit• (pp �5-45 ot Techniaa� Apoendiess, Volume I,
prepar�d by Pacitio 9outhw��t eiologicRl servl,cos, Ync.). T:�e use
o! a bu!!�r aort• 1• approprints to reducs irpacts ot tiuman
activities on bighorn. Th• revi�w ot str��s by stemp (1983),
includ�d ns App�nctix D, and many aypet�Ctid ird�viauai aommar.ts,
would sugQ4et that not havinq a bu:rer zon� ie likely to be
Qstrir.+�ntel to biqhorn, prticularly lamb., at Ch� Biqhorn
Inatltut�. A butt�r aon� of leeac than 400 y�rda would b.
inadequst� and inappropriate tor thR eontinue� activittee or the
IrietitLtt• Qa curr�ntly dosiqne3. Ttie arqumento pz�sented to
oupport e 600 yard zan• (pp 43-4�) appvar re�sanabls. we,
tharefoz�, roco�m�rd a butl�r cone ao ds�cr'_i�sd in the secticr, on
«Ravormsndntions to Rsduc• Biolo?ical SmpnatR", (pp a6-S3) c* r.�=
l��s thnn 440 yarQs Commancin4 .':om t'�s boun�ary o! ths lamr:^q
psn t�nos. Th� butler tore shculd be tree v: nll develvpr.•en�e.
�
Mr. Phil 7oy
Juno 27, 1991
Paq• Two
we r�aquert ths opportunity to thvroughly reviow tho '�Ana:y�a:•
o= Biologiaal Zsaued �lasoaiated with the Pr�posad Al:a�;{ra
Dsvelopme�t�� siqned by Or. Csruthera on Jur�e 20, 19fl� and
pres�rted to Frvd Wvrthlay on 7une 26, 1901.
wo ar• iR aq��am�nt with tha conclueion• oi thn E�R ae tou::3
on pages 27-35 e! this Appen3lx as to impaat$ on l=at-ranqing
peninoula�r bic�horn aheep. Buch impevts aro expscted to bs
i�Cividually inaignilicant, but t'�era will be oigniricnnt
cumulativs advers• impacta frc� thie and aimilar prajec:e.
�he yroj��t spvnsor ia �ubject to the uesr t�s prcvi3od �y
Fiah and Cams Cod� eaetion 711.4 (AH 3iS81, and the Pee i� payabls
to Ch� County Clark �t the tirae a:, or prio: to, tiling t::e rto_ice
o! D�t�r�+inntior� by th• lesd aqency. Purausnt to Public Ra4c::::oa
Cod� 9�ction 21080(c), tha ueer =�• is 3i,2�0 tor a Neqative
Deolaratien and �830 !or an Enviranr�nte►l. Ympact Repar�. I:z
sddition, d• indicated in the envi:onmontai doourn�nt, iL wi-� �e
necs�enry ta notily tha D�partr�nt o! Fish and Gams pursuar.� �o
Fiah and oame Code e�ction 1603 tollowinq approval ot �!�� �ro;ec
but prior to COinm@2�Cvment ot conatruction.
Thartk yoy Pvr th• opportunity to 8�eaent thoaa cc-: �r.ts . :�e
have no comments zagardinq tha rv�t v! th� dvcunent, ar,d •.:oui_
support the City conditionin3 tr.• projset in the mar.ner �-�ic��ed
•bove. ZZ there are any �urt:er questions, plsase �o::�a�-
Mr. Bruce Elinson by t�lephor.e at (Z1�)590-5137.
9lncere��,���, � �� �
� /` 0 ,.,.c
�
� , /y�' ,w�_,t
Fred YJcrt;:l�y r
Region�: *:a:�aqer
R�qion S
•-------- - - - `/\irr�� � yr
RESO TION OF :'HE CITY COUNCI' �OR THE
CITY —JF PALM DESERT CERTIFYi:.,; FINAL
ENVIRONMENTAL IMPACT REPORT !FEIR) FOR
DEVELOPMENT OF THE ALTAMIRA COi.TNT�Y CLUH.
WHEREAS, a Draft Environmental Impact Rpport (DEIR) was prepared
for the Altamira Country Club project tr., address the environmental
effects, mitiqation measures and project alternatives associated �i�:^
proposed Altamira Country Club; and
WHEREAS, the DEIR for the Altam�ra Country Club was prepared
pursuant to the requirements of California Environmental Quality Act
( hereinafter "CEQA" Public Pesources .:��de Section 21000 et seq �, the
State CEQA Guidelines (California Code of Regulations Section 15000 et
seq hereinafter "Guidelines"); and
WHEREAS, written comments on the Notice of Preparation were
received and incorporated into the DEZR for the Altamira Country Club;
and
WHEREAS, written comments on the DEIR for the Altamira Country Club
were received from the public durinq and after the public review period;
and '
WHEREAS, such comments were responded to through a response ~o
comments document and submitted to the City Council; and
WHEREAS, the City Council has reviewed all environmental
documentation comprising the DEIR for the Altamira Country Club and has
found that the DEIR considers all environmental effects of the pr�posed
project and is complets and adequate and fully complies w��h a�;
requirements of CEQA and the Guidelines; and
WHEREAS, Section 21081 of CEQA and Section 15090 of the Guidel�nes
require that the City Council make one or more of the following f�nd�:.5s
prior to approval of a project for which an EIR has been completed
identifying one or more significant effects of the project, along �r�t::
statements of facts supporting each finding:
FINDING 1- Chanqes or alterations have been required in, or
incorporated into, the project which mitigate or avoid the
signif icant enviror�mental ef fects thereof as identif ied in the
EIR.
FINDING 2- Such changes or alterations are within the
responsibility and jurisdiction of another public agency and
not the agency makinq the finding. Such changes have been
adopted by such other agency or can and should be adopted by
such other agency.
RESOLUTION N0. 91-E�
0
rIVDING 3- Specific economic, social or other considerations
make infeasible the mit�gation measures or project
alternatives identified in the EIR; and
WHEREAS, the mitigation measures inciuded in this Resolution are
�es�gned to reduce or eliminate the environmental impacts descrioed
�eYein. �itigation measures are structured according to the criteria
�z Section 15370 of the CEQA Guidelines. This section provides
generally that "mitigation" includes: a) avoidance of an impact; b)
minimization of an impact; c) rectifying an impact by restoration; d)
reducing or eliminating an impact over time by preservation and
�aintenance operations; and e) compensating for the impact by replacing
cr providing substitute resources or environments.
�dditionally, mitigation measures have been drafted to meet the
requirements of Public Resources Code Section 21081.6 as monitoring
program. in most cases herein, the drafting approach defines the
following for each mitigation measure:
1. A time for performance - In each case, a time for performance
of the mitigation, or review of evidence that mitigation has
taken place, is provided. The performance points selected are
designed to ensure that impact related components of projec}
implementation do not proceed without establishing that the
mitigation is assured.
2. A responsible party supervising performance - In each case,
a public official is named in the mitigation measure as
respbnsible for ensuring that the mitigation is carried out.
To guarantee that the mitigation measure wi1Z not be
inadvertently overlooked in connection with the issuance of
a later permit, the supervising public official is t�e
official who grants the permit called for in the performance.
3. Definition of mitigation. In each case (except where a
mitigation, such as a geotechnical report, is a well-known
procedure or term of art ), the mitigation measure contains t^e
criteria for mitigation, either in the form of adherence to
certain adopted regulations, or identification of the steps
to be taken in mitigation.
:o further facilitate the monitoring of these measures during projec�
implementation, each measure has been drafted in a manner suitable for
use as a condition of a�proval. It is anticipated that the mitigation
measures herein may be used without additional monitoring reFor-
requirements, as each measure is designed to be self-executing. :'':e
��ty of Palm Desert is implementing a monitoring program in accordar.c2
:��th state mandate Section 2108.6 of the Public Resources Code.
2
�._J�.L...��,� �i�. 71-J�7
WHEREAS, Section 15093(a) of th�e Guidelines require �':e _:-.
Council to balance the benefits of a proposed project agai^st �-�
unavoidable environmental risks in determining whether to approve _`:e
project; and
WHEREAS, Section 15093(a) requires that, where the decision of the
City Council allows the occurrence of significant effects which are
identified in the EIR but are not mitigated, the City Council must state
in writing the reasons to support its action based on the EIR or other
information in the record; and
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby certifies EIR for the Altamira Country
Club project as adequate and complete in that it addresses all
environmental effects of the proposed Altamira Country C1ub
and fully complies with the requirements of the Californi3
Environmental puality Act and the Guidelines. Said EIR is
composed of the following elements:
a. Draft EIR for the Altamira Country Club
b. Appendices to Draft EIR
c. Comments recelved on DEIR and responses to those comments
d. Resolution of Certification and Findings
e. All attachments, incozporations and references delineated
in items a. through d. above
All of the above information has been, and will be, on file with t'�e
City of Palm Desert, Community Development Department, 73-510 F�ed
Waring Drive, Palm Desert, California, 92260.
2. This City Council adopts the Findings with respect to eac::
environmental effect identified in the EIR and the explana�:�r.
of its rationale with respect to each such findinq set for�:�
in the document entitled "Environmental Effects and Mitigat���
Measures" attached hereto and marked as Exhibit A and made a
part hereof.
3. Thi9 City Council adopts the Findings with respect -�
alternatives set forth in the document entitled "Alternatives
to the Proposed Project , attached hereto and marked as
��
Exhibit B and made a part hereof.
�
_ ..,.. . _ i
..`.Jv....� _ �v �: � . . � �
�... •r��
a. A drainagr scudy of the subdivision, including div�rsio+rs, ofj`-sitt arras chat drain onto and/or
through the subdivision, and jusri�cation of any divcrsiar; and
b. A drainag�e sa�dy �vid�ncing rhat proposed drainagr pamms wil! not overload essscing srorm
dmins; and
c. Detailed droinagr studies indicating how tht a�acr nrap g�din� in conjunctioa wrth the dreinagr
convevance rysterns, including applicable soifs, channel� sd+eer flows, couh basin,r, srorne drains
and flood woter ntmdin� wil! allow building pads to be safe fmne inundation from roinfall runotJ`
which may be ap�cted for all stomu up to and including the thea+edca! 100-ycar Jiood.
d A plan for stomewar�� pror�eriv� r�rks.(•)
� Prior ro the issuanct oj any grading pemtiu, th� applicant shall duign the following ineprovem�nu and
provide necessory dedications in a manner meeting the approvol oj tht Ci1y Enginea and the CoacheUa
Vallry Watu Disaic�
a. A!! prnvisions fo� surface drainagt; and
b. A!! nee�ssary stoms driain Jaciliaes arending to a satisfactory point of disposa! for the proPer
conrml and disposal oj srorm warer ,unojj; and
c. When determined nectssary by the City Enginter, the associated taserrtenu shall be dedicated to
the City of Palm Dese� the Counry of RiversidG or the Coochella Yallry War�r Disaicc P�ior ro
rccordation of ony frnal tmct rnap or prior to issuaieet oj ct�tifreatu oj use and occupancy,
which�ve� comu fus� said improvem�nts shal! bt consducttd in o monnar �neering the approvol
oj the �ry Engineer and the Coach�lla T�allry Wour Disaict (')
9. Prior to acordation oj a final map, tht applicant shall corist�uct or pvst securrty 8uamxteeing rhe
consrrucrion of che following public and/or privau improvtm�nts in coRformanct with applicable Ciry
srandards:
• A!! stntt improvements
• Stonn d�in facilitiu
• Subdrain facilities
• Landscaping irrigruion conmv! rystem (smeets. parks. and public anas)
10. Prior eo issuance oj o grading ptrmi� the applieant shall instd! faeilitits eo prohibit accus ro the Dead
lndian Cntk Stonr�woter Chertreel right-oj-way in a manntr rnetting the approvc! of the Chief Engu:eer,
Coachella Valley Water DisvicG ( •)
11. Prior to rhe i.tsuance of any building purni� the applicanr shal! an�cng�e for the nlocarion of anv Coachella
Yalley Wata Disoict jacilrties afj`ecred by che projec� in a rnanna meeting tha approva! of rhe Chief
Engine�r, CoachaUa Vallry Wate� Disrrrct. (')
Mitt¢atton �teasu�a �►dded
None.
��: � �r � i �
NO�C.
6
on-scte. The Din _, througn posred warnings and grading inspe�aon, shall ensu�e that no .�orxe.�s o•
equipmerct are pennirted ouutde construcnaa arear.
IS. Prior ro rhe �rmoval of any smoke vee, rhe developer shal! subrnic �vidence ro the Direcror of Cominunir:
Development that the necessary permu{sl have beert obrained frorn the Countv Agncultura! Comrrtus�oner.
�titi¢ation titeasura Added
16. ,Vo disntpdo� of r►cigratory bird nesting habita� including but not limited to active Resu, cnes wich nesu
and colony nesu, or ehe unauthon.,ed talcing of any� migratory bird nesu or eRgs by any means. sha!! be
pemcitred duRng che nesdng and b�eeding season. Said nesling and breeding season. and rh� nest areas,
shall be identified pno� to the issuance o� any gradin� clearing or landfome modifcanon penntc. i ne
miagarion measure shown as � 12 on page 24•i calling for federa� stare and counry per,niu for brologcal
�esowres affecred on site sha!! be tende�ed as evidence prior to issuance of any pennir.
Bas�d on tbe comments received on the Drah EIR, the Following mitigation measure has been edited from �hat
contained in the Draft EIR. Editing is shown in underline/strike-out.
17. Prior to tht i.ssuartct of any gradtng pemsit or anv rmi fo� the mod{fication ojland on tht AltarnirQ srrg,
t�he-�#eMel�►per-�Me� a biolo�ist ret�ined bv rhe Dirtcror of Communitv Dtvelopment for the Cin� of °.zlrn
Desere sha!! �reDore and submit to the �ry and che C:S. Fisn ar:d
Wildlife Se�vice a Desen Tonoise 100°fo coveragr survey in acco�dance with rhe prococo! esrablished %or
st�ch survgY, bv rhe b'ssF� �'.S. Fish and Wrldlift Service. Adjustmtrtu to rhe projec� if any, sha!! be in
acrordance with the �S S'.S. Fish and �ld/ife Sewice detemeinacion. The appficAnr shafl pav Fo.
such a srudv.
18. Prior to the issuance oj any grading permic, tht develoner sha/l submit to the Direcro� of Commun�n�
Develop�ent for review and approval a drve[opmrnr conrro! p/an evidencing the followcng.�
a. Roads wd dnveways shal! be designed in a nranner so that they reduce headlighr sh,ne on :he
bighom pens.
b. Stn�cture designs shal! inco�porate non-glare matercals, including windows and any orher ezrenor
jtzruies. Use oj eYterior lighting should be kept to an absolute minirn�m wirh absolurely no lignu
pointed upwvrds towordr the sh�ep pen. �est resniccions should bt included in rhe developmenr
CCRr.
c. Use of axertoi scrret lights sha11 be ketp co a minimum. 7'host thar are required should be
directed in a rnanner so that rhev do nor shine upwerds or towmds rhe pen, nor shoutd rhev oe
a high glar� rype oj ligh�
d :Yo outdaos dogs sho11 be alloµ•ed in th� southern porrion of rhe development rhat borders rhe
buffer zont. Fu�thermo��. a l�ash !aw sha/1 be establisheQ and saictly enfo�red in rhe CCc2s.
e. Additiona! CCRs sha!! be dev�loped that implement noi.se resaicao�cs in the development an�i
esptcially in the south�m pomon. 7hese would rnc[ude nestricaorcr on fentworkr, gas powered
blowtrs, raciirg of motatyclts or other foud vehicles through the dtvelopment, and ercesscvely loud
celebrattons or �nusic.
f. Use of che golf eoune sha[! be rcsuieced ro daylighr houn only.
.� --�
g. Pond banks shal! be c�eated with a 45' or gnattr slopt with an absolute minimum deprh of ]
f��•
h. Pond bwks sha11 be concrete ro elirninate insect bntding habrtar.
i. Mosquirofuh (Gambusia a�nrs) shal! be released into ponds to provide a biologica! conv,vl of
insect larvae.
j. Watering sys[ems for ortcs not includinQ rurf shall be a subswfact drip
inigarion rysterri to eliminate .surfact wortr which may providt bncding habitat for Culicoidt gnau
and ocher iruect vecrors.
k Xeric adapred planu rhut vre naave to the Coachella Tia!!ry shal! 6e utiliud in rhe general
landscaping duigns. P/anr lisu shall emphasiu narive vegrtation such ar snsoke ae�s, occoallo,
yucca, succulcntt, grav�!!y ground covtrs and tht likt.
19. Prior to the issuance of any grading pemti� rhe dtveloper shal! subrnit to tht Dinctor of Cornrrsuniry
D�velopment a rrpon by a qualified biologist on the stalus of the bunnwing owl ntst
20. A Bujj`'er in the shape oj on arr of �t00 yards apanding to 6A0 yards as rneasund from the 3Qacn pen o�
che Big Horn lnsticute in a north/northeasrerty direction as nconinstndtd by the Dtpanment of Frsh and
Garne and showrs on erhibit A sha!! be provided by rl�t applicant
21. :Vo building or grcding pen,ritr sha11 be r.rsued on tht proputy ,rhown as "Rut�vatiorr Anra" on the ttntative
cract map. The Ciry rcserves, howtver, the abiliN to rcvitw and potentially gront any application Jor
development approvel oj prope,ry within the "Bu/j''er Ana" oth�r than applicant's prop�ny. Such rrvi�►v
shall be in accord wirh tht Calijontia Environmenral Quality Att and arry otha applicable municipa� state.
or federa! law. 7he City wil! consider densiry transftrs, vwisfus of dtvelopment rights or siniilar re[ief ro
ease any jinancial burden on anv non-applicant propasy owntr affecttd 6y t/it BujjerAnu The appiicant
shal! n�gmdate in good jairh to pu�rhare the Del Gagnon propeny.
?3. .�.s a condidors of approval oj Resolunon .Vo. 91-90 approving Tentadve Tract 2.5296 and to the ezrenr
permirred by law, os a condition oj approval of Ordinanct 617 approvtng Chang+t of Zone 89�-16� and to
the extent provided by !aw os a condiaon oj approvQl of R�soluaon No. 91-89 containing findingr and
cerri�ving rhe Environmental Impact Report widr nspect to this projec� Altamira Vcntu�rs haeby agrees ro
defend at iu so[e cost and rxpense, indernnijy and hold harmltss tht Ciry oj Palm Dese� ics agenu,
officers and emp[oyees firons ony clain�, acrion or proc�eding frled agiainsr the Ciry oj Palr,s Desen, �u
agenrs, ojjicers and employees as a result ojrhe loca! agrnry's approval of Ruoluaon No. 91-90. Ordinance
617 and ResoJution 91-89 inc/uding but not limited to: 1) aetiaes or proceedings to attacJ� set asidG void
or annu/ such approvals: or 2) actions oi p�oceeding that seek daina8rs as u �rsult oj rhe frndin�
requin�nent or condition rhat a reservaaon ana be utablished including any action for inverse
condemnarion.
Th� Ciry oj Palm Desen shall promprty notijy Altamina Ventuns oj any such clairn, acdon or proceeding.
Funher, Altamiria Vennuw shall conducr rhe definsi and cont�! the defenst. 7iie City oj Palrn Desen
sha!! cooptmte fully in tht dtfenst of any such action.
htiti¢ation �ies�ure� '.vot [ncluded
�titigation measure �13 on page 117 is not coaside�ed feasible, and it hereby not adopted. Becaiue the 30-aae
Bighorn Inscitute pen is double-feaced through these micigation measures, aad the cost of that is advanced by
the appGcant, the safeguard agaiast free ran�ag dogs approaching the pea is achieved. The 8-foot cement wall
10
ERects tiot �1itiQated to a Level of Insienificance
With apQGcatioa of the above mitigation mcasures, the poteatial impacts of the Project will be reduced to a level
of iasignificaace.
B[OLOGICAL. RESOURC£S
Si¢nificant EfTects
With respect to biolo�cal resources studied onsite, there was si�ificant disa�eement amoag the experts as to
unpacts and feasibiliry/appropriateness of mitigation and the scope of impact. To comply with the requ'ucments
of CEQA, the major chrust of the differences in opinion have been summarized, including the opiaion of the
consulting biologisc.
Since the decision-maker is not obligated to select the most coaservative, environmentally protective, or Gberal
viewpoiat, the Ciry Council in acting has studied all of the opinions carefully, and the supporting documentatioa
thercfor, and has arrived at a conclusion that the opinion of the experts who hold that a 400 to 600 yard buffer,
measured in a north/northeasterly direction is necessary is entitled to greater weight than the other opinioas.
In fact, the Department of F'uh and Game has indicated that significant impacts would not occur at -�00 vards
or more aS measured from the pea (DFG letter, 7-31-91). The Ciry Council bases this conclusion on the fact
that these� experts indicated that habituation to humans, to the extent it would occur with a�00 to 600 vard
separation, was noc necessarily aa adverse effect on the sheep. Furthermore, habituation has the attendant
beaefit of reducing the stress level of the sheep which are held captive at the Big,horn Institute as thev become
accustomed to the sights and sounds of urbanization. It is noted that urbanization occurs within a mile or less
of th� Bighorn Institute pen in tfie current development state of the properry. Moreover, the Institute's shecp
see and are handled by humans at the Ibstitute in pursuit of their reuarch and breeding objectives. Finallv,
many of the experts responding (including those who recommended a larger buffer than the experts relied upoa
in this actioa) noted that the sheep are less stressed when they are above a disturbance than when thcv are gade
or below it. Their excellent eyesight enables them to perccive the significance of the threat to them.
3ecause the development of a property with homes and use zs a golf course is a rclativelv beaign land use when
compared with other land uses (i.e., the pens are in the view shed of Highway 74 where headlights are present
st ni¢ht and traffic, including trucks. u preseat during the day and night), the sounds that emanate from the
development will already be familiar [o the sheep. The mitigation measures that are proposed µill fur;her
protect the sheep from disturbances [hat might occur, however unintentional.
.� buffer condition is added to the project to provide for a 400 to 600 yard buffer measured in a
aorth/northeasterly directioa While the Ciry bases this on t6e scieatific evidence ia the record, the Cin� has
explained in the Statement of Overriding Considerations that this represeats, in the CitWs view. the bcst balancc
bctween mitigation af impacts and recogaitioa of the land use history and new imQacts imposcd by the voluncary
location of BHI.
With respect to the Desert Dry Wash Woodland, there is a si�ificant eEfect from the loss of this wash due to
tha removal of Smoke Trees aad the attendant aesting benefits to local birds. None of the birds or othcr specics
inhabiting this Dry Wasb Woodland ate endaagered, threatened, or rare. �lorwithstanding the adjudged
sigaificance of the Desert Dry Wash Woodland. the Woodland known as Dead Indian Creek is not uniquc in che
re�on. Opinions are included in the EIR which indicate that this woodland may be reproduccd or rcpGcatcd
in other areas of the Coachella Valley. and the applicant's biologist has testified that it can be replicated on sice.
--- ---
Total authoriry for determiaing this issue does not reu wi[h the Ciry of Palm Desert. 'The U.S. Army Corps of
Engineers aad the State of California Department of Fuh and Game have substantial and complete permaaent
authoriry over the removal of Dead Iadian Creek Desert Dry Wash Woodlaad. If these agendes are convinced
that mitigation is pcusible, and no praaicable alternatives e�dst for the wash to remaia oasite, these ageacies may
,�ant the authoriry to City of Palm Desert to remove this resource and replace it eLsewhere. The commeats from
the agencies at the time of this action do not give indication of their potential reaciion to this removai, even
though they have been consulted with repeatedly throughout the process. If these agendes do not permit the
removal of Dead Indiaa Creek ia conversion to golf course or other use, thea there will be no �caat impacts
in this area whatsoever. If they do permit the removal of Dead tadian Creek, replacement and replication
elsewhere as is dictated by State aad Federal law will remove [he sigaificant impacts. To the eatent there are
any remaiaing significant impaus, a statement of ovemding coasiderations is provided.
The impacts to free ranging peniasular Bighorn sheep are minimal. There are no fret raaging peainsular
Bighorn sheep on the site, and as reported in the EIR, the site does not possess the characteristics of aiacal
6abitat.
There is authority for t6e proposition t6at this area may be mar�nal free ranging Bighorn habitat. To the e�aent
this is the case, and the sheep utilizing this area historically are utiliung this area as a habitat as opposed to mere
'pass-through' or transieat event, there would be a si�ificaat adverse impad. Elowever, in view of the fact that
no sign the Bighorn sheep have been secn on this properry, aad it has low resource vaiue for the Bighorns,
indicate that this impact is not significant.
No impacts to the Deurt Tortoise are found as a result of this Project. 'I'he site 6as beea repeatedly surveyed
for Desert i'ortoise aad it has beea determiaed that Desert Tortoise is not preseat. In aa abundance of caudoa,
the prescribed U.S. F'uh and Wildlife Service protocol for the 100% coverage survey for Desert Tortoise is
proposed with respect to the properry prior to the grading permit being issued.
A Burrowing Owl was located on th� site, and its activity suggested a fideliry to the area for nesting. Although
Burrowiag Owls are not considered rare or [hreatened. they are rare in tbe Coachella Valley. Under the
�ti�atory Bud Treary Act of 1974, the animals are protected during the breediag uason w6ea they are nesting.
The impacts to the species are not coasidered significant, but the protection of the nest, if present, u provided
for in mitigation in any eveat.
�liti¢ation Neasures
12. Prior to the issuanet oj any g�adin� cleanng or other landfomr rrrodi�caaoR ptirni4 the develop�r shal!
submrt written evidtnet to the Dinctor oj Cornmuniry Development that appropriate ftdt�{ srate and
counry p�rmits havt bten obtained for the biofogica! resow�ces on-sice to be removed by deve/op�nent. Said
pem�iu shall specify t/u tinein� nelun and revitw authoriry/or the mitigrrdon rrteasuns. if any, which arr
nquind in conn�clioa with thtst �movals. No rrmovals shal! be author:ztd ruitil a!/ necessory resorure
agenry pemrits have been obtained
13. Prior ro rhe issuance of a gr�ading pemsi� rhe developer sha!! deposir with the Ciry oj Palm Desen an
aniowu equa! to rhe cast of a second fence sunewding the 30-ocn pen on BHI propury. The cost ojsaid
�ence sho/16e tstablishtd by consultarion with BIYI or, if BH! har no inpu� by a statunent oj cosr by a
fincing eonrroera. 77u faue shal! bt oj the same siu and rnate�ra! as that whieh cunrntly enclosu the
pen. 7he cash dtposit sha/l 6e availablt for one year fi�wn the date of the dtposit a�ed shal! bc nleased
ro BHI upon BHI's submitral of evidence to the Dir+eaor of Conemuniry Development rhat rhe /unds w�l!
be used to consauct rhe fmce wichin 9�0 days of rrceipt of funds.
l�t. Prior to tht issuo�ca of o►ry gmding pe�rni4 rhe daveloper shaU submit evidence to the Dincror of
Cornmuniry Development thct no standing warer forconsauction purposes (e.g., dust conrro!) is rnaintained
w11! interferc with proper drainage of th� properry, as iadicated ia the substantia] e�idence presented 'ov thc
applicant, and is uanecessary to achieve the stated objectivc of protecting the sheep in the pens from intrusion
by animaLs from the Project.
�iiti¢ation measure �14 has been elimiaated because the City does not believe that there is sufficicnt e�idence
to suoport a complete prohibition of grading For six months of the year. Furcher, the City bclicves that
�iitigacion measure +i►35, limiting grading within 1,000 feet of the lambing pen duriag the lambing season is
sufficient to reduce potential construction noise impacts to a kvel of insigaiiicance.
�iitiaation mcasure �16 has been altered and that portion of the mitigation measure calling for subsurface drip
irri¢acion system for the golf course is technolo�cally infeasible and 'u 6ereby omitted. Because golf courses are
composed of turf areas, the technology does not e�ast for drip irrigation to �ve approQriate coverage. The
impact sprinklers for the golf course are che most common strategy used, and because turf area is exuemclv
porous, no staading water will occur as a result oE this watering. Therefore, chis mitigacioa messure is not
adopted.
'�iiti¢ation measure �18 on page 1:A requiring the report on the status of the burrowing owl nest on the site
has beea modified to elimiaate the limitation oa construction activities ia the vicinity oE the aest between �pril
1 and Julv 31. It is believed that the mitigation measure added above related to activities in compliancc with
the titigratory Bird Treary Act will provide the same level of protection to the bunowing owl if it does have a
❑est onsite.
ERects `ot �1itiQated to a L.evel of Insignificance
To the eztent that there will be any impacts to the captive Bighorn sheep at the Bighorn Institutc even after
adopcion of the mitigation as proposed herein, thou impacu are considered sigaificant and unavoidable. 13e
statement of oveniding consideratioas indicates why the Ciry Council fiads theu impacts nonetheless acceptable.
There will be no sign.iiicant effecu to [he free ranging Bighorn habitat or Desert Tortoise.
Impacts to Dead Indian Creek are sigaificant only in thc localized context of the removal of the creek in thu
area. Replacemeat as authorized by the appropriate State and federal agencies will achieve substantiallv 111 of
the �nvironmenta! benefits of the existing wash. To the extent that this objective may not be achieved fully, che
statement of overriding consideratioas identifies why [he Ciry Council finds these impacts otherwise acceptable.
C�`LTL;R�V. RESOURCES
SiQnificant ERects
Thc sitc bas betn sur�eyed aad arehaeological sito C�1-Riv-564 was located oa the site ia accordance wich records
on ;his sitc. CA-Riv-56�3 will not be impacted by development of the study area. The site has been properlv
documented and studied and its research poten[ial has been exhausted. The site has also undergone somt
destruction. in all likelihood as a result of the coastruction of the existing water tanks. Therefore, subject to the
miti¢ation measure recited below, there will be no adverse effects upon cultural resources in the studv area.
�litieation '�teasure�
23. Prior to rh� issuance oj a grading pem�i� the app/ican[ shal! provide wria�n evidenct to rhe City Engineer
rhat a ctrtifitd m+chatologist has b�en nrained shal! be pr+esent ar tire pne-gnading confinnc�, sha11 escablish
pr,octdu,rs jor axhaeologiea! rrsoiu+ct surveillance, and shal! establish, in coopemtion wrrh rh� projecr
developtr, proceduns�or temporruily halting or redirccring work to pemrit the samplin� idenaficarion. and
11
evaluarion of amfacu as appropriote. tf addidonal or una�ecred arrhaeological featuns arr discov�rcd
the anchaeologist shall �rpon such findings to rh� projecr developer and ro tha Dincror of Co►nmuniry
D�velopmui� If rhe a�rhaeological rrsounu an found ro bt significan� the arrhaeological obs�rver shal!
detem�ine appropriate acdons, in coop�rotion wirh the project dtveloper, for etplor�ation ond/or salvog�e.
Excavared frnds shall bt oJfend to rhe Ciry oj Pa/m Destn on a fuat rrfusal basis. Applicant may ,rtain
sard finds if wrrnen assurance is prnvrded that th�y will bt Proptrly Pnesuvtd in Rivtrside Counry, unkss
said findr an of sptcia! significance, o� a museum in Rivuside County indicotes o dtsin to study and/or
riisplay rhem at rhis time, in which case items sholl be donated to rhe Ciry or designee. 7hese octions. ar
we!! as final mirigation and disposiaon oj the r+rsounces, shall 6t subject to the apprnva! of the Dinector oj
Canmuniry Dtv�loprnen�
�titi¢ation !Neasures .�dded
vone.
`titi¢atton Measures Vot Inco�norated
`Ione.
ERects `1ot �titi¢ated to a C.eve! of (nsiQniticance
Vone.
AESTHETICS/ViSUAL IMPACTS
SiQniticant ERecu
The structures proposed ia the Altamira Country Club project will be visible from adjaceat bomes to somewhat
widely varying degrees, and will in worst cases, completely obstruct southerly views of the Santa Rosa �fountains.
Tbe homes whose views are obstructed in this ma�er were for the most part constructed at a time whea the
properry was zoned for residential use and cherefore this impact could be anticipated.
The Hig.hway 74 viewshed will be changed from the current condition to include homes aad the golf course
behiad a heavily landscaped buffer area. Exhibits presentcd at the Planning Commission hearing of �tay 21, 1991
by the landscape architect, incorporated in these findings by refereace, depict a Iandscape buffer with native and
naturaliud trees representative of the area.
The sice in general is one that is visible from many parts of Palm Desert and Interstate 10, as the bajada from
the Saata Rosa Mountains slopes geady downward into Palm Desert.
Overall, although the coastruction of the proposed projcct will permaaeatly alter the existing natural appcarance
of the site, visual impacts are considered minimal. The project is in keeping with the visuai character of thc
directly adjaceat or neighboring developmenc and subject to the mitigation measures described below. Impaccs
are, cherefore, aot coosidered sigaifccant.
�fitiQation yleasura
24. Prior to rht issuance oj a gmdin8 p�mu� rhe applicant shall sub,nit a gr�adin8 Plan for rhe m�iew and
approv� of tht Gty Engineer. Said plvn shal! denror�.ta�u that the following measuns have been
incorporored
1�
a. 7i�e privvtt stnet Proposed adjacent to Thc Summit shall not acetd in elcvation chree (3) feet
fro►n tht top ojcurb to conarte swalt locattd within the ptrimuu of 7he Su�nmit, o. fiv� (S� fe�t
btlow the top of the wal1.
b• Pad tlevarions in the ana adjarent to 'Ihe Summir shall not erceed 2.S feet in clevation fro,n rop
of curb on the directtv adjacent private strttr.
?S. Prior to the issuance af building permits for any units on the norrh�m site edge or in hillside areas, the
applicant/developer shal! submit architectural plans jo� the review and approvol of the Director of
Community Developmen� Soid plans for rhe noRhcrly site tdge only shal! demonsvate the followrng.�
a. Building heighu in tht area adjacertt ro Tht Summit shal! not ezceed 18 f�et.
b. Hoti.onta! onchitectura! elements sha!! be enrphasiud forstructunes adjacent to or directiv a�osed
to views finm The Summit. P�imarily vemcal fiatuns such as large, unbroken wa!! faces shal! bt
avoided
c. Sha!!ow roof pitches sha!! be encouragrd for sduceuns adjocent to or directly erposed ro views
fr�v►n 7he Summit. Struccures with flat roojs at or close to the raatimunt permissib/e building
htight shall bt avoided
d �e orienrarion of a11 erterior light sounca shall 6e dirtcted away from rcsidences xichin The
Surnmit. Exterior lighnng near che nonhern edges of tht propeny shal! bc !vw fevel and !ow
wartagr. Floodlighang oj struccures, crces, or plantings fo► punly display purposes in rhis area shal!
be avoidtd
Landsccping bttwten tht propostd pnvatt drive and rht block wcll aloRg tht bounda�v with The
Seemmit sholl employ a plant palette tist matun htight of whech does not ezceed the w�atl.
Intemiinent fomsal clusters oj palm tnts arr pamissible in this ana
�iitieation �te�sures Added
T6e foIIowing mitigation measure has been edited from that contained in the Draft EIR. Edicing is shown in
undcrline/strike-out.
26. Prior to the issuance of a grading p�rrniG the applicant sha!! submit a grading pla,r jor rhe review and
approva! oj the City Engrneer. Said plan shall dunonstrate tht following:
a Groding or ground disturbance on anos cu�sently exp�osed as bedreck along the fm southern edge
of th� proptny shal! bt avoided nrost significantly on the hillsidt at tht southeastern edge o� rhe
site.
b. Gr+ading [echniques used for thc ar�a nertJrsouth of Dead Indian C�etk/Canizo Creek wosh sha/l
tmphasize slope conrou,ing and variable slopes. Karrd edgr,t and angles an ro be avoided cops
and tou of s[opts shall be blended wirh remaining aneas o� tht rugg�ed artd un�vert sum�unding
RQIt[!ff� ,Ti�7fOCC.
7he jollowing mirigation measur+es werc added by the Ciry Council in their action on the p�+nj�cG
�3
�
�
27. The applicar�r shal! bi perrnitt�d 58 hillside pa,tels providing that the applicant dunon.rrrareJ rhat rhev
confonrt to rhe geaLr and purposes of rhe Ciry's hillside development nguladons. Said dete�minanon shall
be madt by tht Council.
28. The applicent shal! providt vitw optnin$s olong tht wall facing Ki�way 74 as approved by the Ciry's
�nchirectural Commission.
�r• �i �r i � �.� r �
vone.
EiTects Yot �titi¢sted to a Level of 1nsi�ittcance
None.
EYERGY RESOURCES
$iQnifi�ant ERects
While energy demand is nonrenewable, the demaads of the projea of this rype are individually insigaificanc.
Cumulatively, it must be taken iaco coasideration that the project has beea contemplated for sometime, and
energy resources have been pianaed for. The coasideraaon of eaergy coaservation and solar access u dictated
by the Public Utilities Commission chrough State eaergy coaservation standardS. A mitigation measure is
included for tbis purpose.
1�titiQatioo Neagures
?9. The proposed projict sha!! corrrply with all applicable Public Utilitiu Cornmission rogularions. Builders
%vill be requind co cornplv with adopted state ene� constrvation standards per Secdon.s 14S1-IS42 of Tic/e
?0 of the Califomia �{dminu�arive Covie and Secrions P-ZU-1451 rhrough P-20-1542 of Tirle Z�i of rhe
Code. This nriagarion measun shal! be rnonitored through th� Ciry's building cvde enfo�ernent process.
�titiQ�tion `leasura .�dded
vone.
�titi¢ation `teasures Yot [ncornorated
None.
ERects Yot �titiQated to a Level of insienificance
vone.
14
[.,�.`D C:SE/RELEV,�+►.�!'I' pL�.�'NING
SiQnifcant ERects
T'he project site has been zoned for residential land use since 195�, and its developmeat 6as beea contemplated
ia Counry of Riverside and City of Palm Descrt planniag documents for yeazs. The principal issue concerning
the effects of the project with respect to land tise deaLs with the effects of the project on the operatioas of che
Bighorn Institute. This part of the fiadings is limited to laad use issues alone; it does not speak to che biological
issucs which are of importance in e�camining che relationship between the two land uses. as this is discussed in
a previous section.
Tht EIR, at pages 146 through 150, discusses in detail the history of Bighorn Institute's location adjacent to this
properry. It is noteworthy that the Qroperty, both the BHI site aad the subject property, were zoncd for
residential land uses prior to BHI's establishment of its faciliry. The Cit}js General Plan Amendmeat Pre-
�anexation Zoning, and anaexation to the City of portions of this properry were approved prior to che Ins�itute
acquiring the lease from the Bureau of Laad :tdaaagemeat to its current site. Documents referenced in the
Environmental Impact Report indicate that, at the time that the Bighorn Iastitute decided to locate to this site,
thcre was no coatemplation of a buffer by Couary oF Riverside, Ciry of Palm Desert, or evea the Bighorn
Institute. in fact, BHI's fence line for the she�p pea closest to this project is only 300 feet (100 yazds) from the
boundary of the Altamira propem. This is thought to be the result of BHIs original objective of rescarch and
disease control, which objective has grown over the vears to include breeding and releases, as indicated in
commcnts on the Draft EIR.
The City concludes that, in view of the information stated in the EIR, it cannot be concluded that the
development of the Altamira site to its own boundary was considered incompatible with the operation and
success of the Bighora [nstitute as a land use matter. It was reasoaably foreseeable that residential uses would
locate adjacent to the Institute at its border, aad the proximiry of that use must be concluded to have bcea takea
inco consideration in site selection. However, the City has incorporated a�300 to 600 yard buffer.
One of the considered land use effects that could be si�ificant if the project proposed were not to be adopted
would be that a larger buffer on the Altamira prope�ry will have a si�ificant adverse effect on another ownership
known as the Del Ga�on properry wbich is curreatly zoned P.R.-5 and has access. Development is completely
precluded on [his properry with a buffer over �300 yards, and the Del Ga�on properry would 6avc no uses
w�atsoever, possibly constituting the basu for aa unconstitutional taking by regulation. However, the City has
added, and the applicant 6as accepted. a mitigatioa me3sure as a condition of approval which guarantees that
if [he Del Gagnon properry suffers damages as a result of the �00 to 600 yard buffer, the City will not suffer
economic loss as a result.
The irrigation water line to be located in an easement in ironwood Country Club will pose temporary
consiruction impaus to the e�dstiag area It will take 90 days to complete the pipeline; therefore, this is a s6ort
term and temporary impaci. It is determined to be insignificant. The cight of wav for the irrigation pipeline
e�asts. The use of non-potable water for golf course irrigation is considered an environmental benefit whicn
reduces demand on domestic water suppiy.
The project provides its own recreational facilities for its residents. Nonecheless, [he project is required co
comply with the local park code. ia this case most likely through the paymeat oF in Geu fees. A mitigation
mcasure is included for this purpose.
The Citws Gcneral Plan identiFes a birycle trail along SR '4 fronting on the property. In addition, the Cit�s
Zoning Code designates the area of the properry adjacent to SR 74 as "Scenic Preservation', for which specific
zoning considerations are provided. Mitigation measures for each of these planaing considerations are provided.
15
0
0
:11t1Q'dll0� �'Tt8SU1"!�
30. P�ior to the issuQnce of grading permiu, the applicant sha!! submit r+evrsed plans indicating che bike tr�il
oR tht �ast side of Xighway 74 for the rcview and approva! of the Director of Convnurriry Devcloprn�nr.
The applicant shall bond fo� or otherwise guarantee consauction of rhe bike aail prior co th� issuar�ce of
building p��rniu in a manner meering the approvo! oj tha City Enginter.
31. Prior to recordation of a jinal subdivision map, the app/icant shall comply with tht Loca! Park Code either
rhrough the dedicarion ojland and improvemenu or rhe payment of in-lieu fea as approved by rht Dinctor
of Communiry Dtvelopment.
32. Prior to the issuance of a building p�rmir for o�ty ar+ea of the Projttt lotattd in �Itt SP, "Scenic Preservation"
Over/ay ZoRing Drsuict (Chapter 2S..i4, Cvdified Ordinonces oj tiu Ciry of Palm Desut), proj�ct plans
sha!! bt submiaed for thr rcview and approvo! oj the desi�e nvi�w baard or Planning Co►n�ra:ssioR. 73�e
purpose oj such rrview i.s to aclo�owledgt location of rhe project in a scenic carido� and to �rview and
rnaice nconrmendations on preservation aj scenic visras, satbackt, landscapin& building heighu, sigru and
rnicigacion of acessivt noist.
�titiQation �leasurcs �dded
The following miagation measure wvs odded by che Ciry Council in iu action on the projec�
33. Should the Bighom Insticute relocate, the applicant shal! submit an application for any d�velopment within
the br�ffer area: said application shal! bt processed ar ret forth rn the Palrn Desert Afunicipa! Cod�. The
undevtloptd hillsidt lots idtntified in other conditions htnin shall be part oj this application.
�titie�tion �teasures Vot Incoroorated
�1one.
EtTects Yot ylitigated to a L.evd of Tnsi�niflcance
[t is determined by the City of Palm Desert that no sis�nificant impacts [o land use will result from
implemencation of the proposed project.
To the extent that a land use, as opposed to a biological, impact is coasidered to occur to the Bighorn Institute
operation as a result of the Altamua project, this impact mast be viewed in the context of iht chronology of
zoning and land use activities. Land use contlicu which are created with actual or constructive knowiedge oF thc
future uses of surrounding laad caanot be considered a land use impact when the adjacent lands develop.
Therefore, the Ciry of Palm Deurt concludes that there are ao si�iticant land �se interfact impaccs betweea
[he projeu as prvposed and Bighorn Institute.
There are no signiFcant unmitigable impacts to the Del Gagnon properry since the project as proposed wiil noc
create sny impacts to this properry.
16
TRA,YSPORT�TiON .�. __. CIRCLUTION
.� � , � �y
The project will generate a total of �i,� vehicle trips per day. Ninery-eight perceat (98O7o) of the daiiv uaffic
generated by the project (4,190 trips) will head north on SR74 upon leaving the projeu site, and those crips are
escimated to split generally evenly to the north, east and west when reaching El Paseo, SR111, and '.�fonterev
Avenue. All intersections affected by the project are estimated to operate at L.evel of Service E or better for
the existiag traffic plus growth craffic condition in the midday Peak period u�c tonditioas in 1995. Phvsical
improvements to reach Level of Service C(Coachella Valley Associa[ion of Governmencs PoGcy) are required
at two interstctions, evea when one does aot consider projeci-reiated tr�c. These unprovemeats are recited
at page 159 of the EIR. �th the addition of tbe project traffic, the foilowing additiona! improvemeats are
necessary: At State Route 111 and State Route 74 double leh turn lanes on northbound State Route 7s; a[ State
Route 74 and El Paseo right turn tanes on northbouad and southbouad State Route 74 as well as a ri,ght [urn
►ane oa wsstbouad El Pasea.
SuaLiae Transit does not currently operate in this area but has indicated an intentioa to do so. Tn the commenu
on che EIR, Sunline Transit requests chat the City provide a bus turnout and stop aorth of thc project eatry.
The Ciry has includtd a mi[igation measure to ad�ress this. SunLine Traasit has also requested that a bus turn-
around by provided in the area of Silvcz Spur. It is the Cit}rs oQinioa in this case that it is not the solc
respoasibeliry of this applicant to provide a bus turn-around that will benefit the entirt Ciry aad region.
�1itiQatiort ,Lieasures
34, Prior to the issuance of cenificates oj use and occupancy, the jollowing inspro�em�nu shal! be i,uralled in
a manner ►necang the approva! of the Ciry Tro�c Engineer.
a. A!ef't rum pocke� 260 feer larg with a 90 joot trrrnsiaon. shall bt strip�d for aafjSc on sourhbound
SR 74 ent��ing rht project.
Landreap� plantings and signs shal! be limited to 36 inches in h�ight within ?S feer of pro�ect
drivewoys to ensu�e goo� visibiliry.
c. lnsrall a"STOP" sign on site egress roadway to SR 74.
d Insrall a second project access for eme�ncy vehicles only at the end of Ponola ,�venue.
35. Prio� to tht iuuante of cenifcQtes of use and occuponcy tha applicant shall entrr into an agreement k�ith
che Ciry to panicipate in a prog�am to provrdt off-sire improvemeRu co regional roadways and �nrenecnons
rhat shal! be consvucted prior to Year 2PU0. Fina! duign and phosing shall be bosed on derailed onnua!
monitoring and onalysis of velual traJ�'tc demands at tht c�itica! impacted irtttrsecaons idenn�ed in rhe
FIR Funding of iniProvtmenu shal! bt dtrived from tht Uniform Transporsarion .Nitigation Fee and
,Neasun A when applicabl� with the balance from RDA.
36. The op�riators of the gnlf c/ub house shal! rcserve and desigrtate at least IS°10 of tht emplovee pariang
spacts for eorpoo! vehiclts by �narking such spocu "CARPOOL ONLY". Carpool spaces shall be used ontv
6y carpool vehitlu in which ct levst two oj the persorrs will 6t employeu. Such speces shall be locareG
wrchin rwtnty feet of the club house employee envance(s) or othtr pnjercnaa! locations as approved by rhe
Ciry Trafjric Engintts
17
� �
37. Th� operators of the golf club house sh�!! provrdt ont birycle pan�ang fociliry (e.g., bicti+cle rackr� for tach
frve emplay�ees p�r shift within nvenry feer of the employee �nvance(s) or other prrferoRdal locatioa as
app�nvtd by the City TrafjSc Engineer.
3� Prior to the issuanct oja grading perrni4 rhe applicanc shall submit plans for the provision of a bus rumour
and passengrr wairing shelter nonh oj the p�+vjecr entrance for the rcview and approvol oj che Dincror of
Comnruniry Development and che Drnctor of Planning oj eht Swilint Tionsit Agenry.
.�9. Pn'o� ro rh� issuanct of a grading perrni� tht applicant sha!! subrnit evidtnce to the Dincto� oj Cornn�uniry
Developmtnt that an encmachment pemsit has bten obtained fi�vne the Stau Depanrnent oj Transportorioa
pRor to cornnitncing any work within tht ultinsatt ►ight-of-way of Statt Routt 74.
�1iti¢ation �teasurcs Added
�0. Prior ro th� usuance of cerrificares oj use and occupanry, the following impr,vv�rnenu shall eirher be
installed or bonded for in a rnanner meering th� approval of tht Ciry Ti�'ic Engin�er.
• An addiuonal left turn lane on nonhbound SR74.
� Construct a right rum lane on wesrbound E! Paseo.
• Panicipate on a pro ratQ bosis in rhe consoucaorr of nght tuni la�res on norrhbound and
southbound SR74 and if derermined join[ly by the Ciry ond Caltrans, in a signa! at th� p�jeer
entrance.
• Prior to the issuance of curifieates in ust and oeeupanry, tht applieant shal! enter into an
agnement wrth the Ciry of Pal�n Duen in a mannu meering the approvcl of the Ciry 7'rv�4c
Enginee� to parricipate in a pro rata baris in the following improvernena:
• �dtn SR 111 to th�re lones in each dinction.
• Construct a righr rurn lane on westbound SR111.
• Construct doublc left tum lanes on eastbowrd SRI11.
• Consduct a right tum lane on SR74.
� Consnucr double left tum lanes on southbound SR74.
• Consduct double right rurn lanes on easrbound E! Paseo.
�e following rnidgarion mecsurrs wtrt added by the City Councll in its action on tht projecr.
s 1. rl pplicant sha!! provide a parking plan providing su�cient poricing fo� tniployees and consvucaon workers
on the sitt. Said plan shal! ba approved by rhe Ciry of Palm Duut
�t2. Applicant shal! provide a pQrkirrg and rid� sharireg plan to 6t rrviewed and approvtd by rhe City of Pa/m
Desen.
43. Applicanr and the Ciry shall approach the Califon�ia State Depanment of Tronsponation and scek :o
coordinate rhe main ena�ance oj die Allam�i�a project wrth srurounding developm�nts. 7he geal ir to
nrinimiu the number of signals ond access points along Hi�irway 74.
18
�1itiQation Neasura Yot (ncoroorated
Noae.
ERects �ot �1itiQsted to a Leve) ot insi¢niticance
Subject to the mitigation measures recited above, it is fouad that all potential impacts of the project on tr�c
and circulation have beea reduced to a level of insignificance.
yO1SE
Sieniticant ERecb
Three effects were considered with respect to noise; constructioa effects, impacts on surrounding land uses, and
highway noise.
Construction noise represents a short term impact. Constructioa activities, particularly grading, can have a high
poteatial for significant noist impacts. Because some of the grading will occur ia areas neu to residentia! areas
and adjacent to the Bighom Insdtute, mitigatioa mcasures have been added to restrict construction activities in
appropriate ways.
With respect to aoise tevel increases as a result of the project on surrounding noise levels, the City Council
hereby determines that noise levels will not increase perceptivcly over e�asting or future noise levels. The largest
increase u along Hig6way 74 from Mesa View Drive to Cahuilla Way at 2.1 dBA.
Resideatial lots on site are exposed to noise leveLs just below 65 Db C�IEL. aad standard building coastruction
practices will achieve outdoor to indoor noise level reductions of at least .'.0 dBA. Because of the truck use on
Highway 74, however, impacts may be si�iFicant on a periodic basis. Therefore a mitigation measure for a
sound walt is included.
The EIR documents the acute 6earing of the capcive Bighorn sheep at the Bighorn Institute. Noise from gradiag
operations will exceed 70 dBA in the penned arcas. Coastruction activities are much louder than post
construction activities, aad therefore constructioa activities including gradiag operatioas are considered a
significant impact. Post conswction activiaes (suc� as will occur on the site aher development) are in the mid
30 dBA range and are not coasidered si�cant. Lawnmowers and other mechanical devices induding golf carts
could have significant effects absent the mitigation adopted above.
�titi¢ation �te�su�
�s-t. Prior to the rssuenee of grading permiu, tha project proponenc shall produce evidence acceprable ro the Cin•
Engrnta that
a. Al! corutrucrion vehicles or equipmenG fexed or mobile. optrattd within 1,000 feet oj a dwe!ling
unit or the southem properry boundary shall be equipptd wrth '�esidenaal" or '�ospira/" grade
�nuf jlcrs.
b. A!! operatiau sha!! comply with tht Norst Eltmcnt and Noise O�dinanct of the Ciry of Pa/m
Des�
c. Stoekpiling and/or vrhicle staging anar shall be located as far as pracricable finrri dwellings and
tht Bighont Iratitutt.
19
0
Nitiaatio4 Nea�ure� Added
Based on commeats received on the Draft EIR, the following mitiga[ion measures have been edited from that
shown in the EIR. Editing is shown ia underliae/strike-out.
�t5. Prior co the issuance oj a grading pu�►-t:� rhe applicant shal! submit a grading phosing plan for the rcview
and approval of thc Ciry Engineer. Said plan shal! indicare phasing of grcding such that no grading or
related acavides will occur within I,P00 feet of the Bighorn Institute propeny during larnbing searon
, fJanuary lst to June 30).
�t6. Grading activides shal! be limited to '. ,
che (ollowin h� ours:
• .. � . I
• i,i� i •
• ��
/.l.y /�•
. / i /�/� i
,Nav 1 - Sen[ember 30
,Nondav - Firday
Sacurdav
. i.i , i.�,.
: �.� • �.b.
No grading shal! 6e allowed on �e� fede�a! ho/idays. Such lirnitation shall be placed as a
condiaon on the grading peimit in a rnanner meeting rhe approval of rhe �ry Enginea.
•�: �� �r � i �����: �
`1one.
�Rects �ot �titi¢Hted to a Level of insi¢nificance
Grading and construction activities associated with the project development will result in s6ort term increases
in noisC levels which could be potentially significant without mitigation. However, in view of the proposed
mitigation measures, any such impacLs will be reduced to a level of insignificanct.
L1GHT .�.YD GLARE
Sienificant ERtcts
The project will p�o�+ide new sources of light and glare to the area absent adequate mitigation. 'fbe project site
is alreadv partially surrounded by existing or proposed development, and will not in itself contribuce to a large
cbange in the area. The golf course is not to be lighted and this w�ould allow less iighting incrusion than would
ordinarilv occur.
v= � ! �r
a7. Prior ro the issuence of any building penrsit for habitable saucrunes. tht applicant shal! subnrir a lighang
plan for the review end approva! of the Direcror oj Cornmuniry D�vtlop►nent and the C'rry Engineer. Said
p(an shal! indicart the location and piupos� oj all light sowr�s on tht site. Lighting on the project sire
shall be that rninima!!y necessary for secuiiry and pub/ic htalrh and sajtry purposes. Onrarrunral lighan�
�A
lighang for chc dr�ving rongt ond renncr couns, and lighted sign,r shall be a!low�d only where ic can be
demonsrrated to the salisfaction oj che Director oj.Communiry Dtvelopnient that all light ra1.s are <ilreue�i
downword and an con�ntd tv the preraues.
�f8. Prio� to tht issuance of any building pcmeic for habitable stntctuns, a�rhitectur�! plans shall be submctred
fo� th� re»�w ond approval of the City Engrneer ond the Dinctor of Consmunity Developm�nt. Said m�ew
is to errscen that a!1 sauctuns utiliu non-glarr, non-nrj7ectivt building rna�eriala including roojuig marenals.
pavrn� pain� and arerivr rnatenals.
�titi¢at�,Qn �ieasures Added
None.
tifftiQation �ieasures Not lncorporated
Noae.
ERtcts tint �titiQated to a Level of Insienificance
None.
PUBLIC SERVICES AND UTILtTtES
� ' � �Y .
�Io signaficaat effects to any public services and utilities will occur as a resWt of the project, nominal inacases
ia maapower aad urvice provisioa will be aecessary 6owever; all service demands can be accommodaccd bv the
proposed development, as discussed in the EIR.
Additional elevated water storage is necessary to serve the project, as reported by the Coachella Valley W'ater
Dis�rict, as�d these facilities may be Iocated on or offsite. Their location is not aow known, nor caa it bc known
uutil such time as the D'utrict reviews and approves the water storage and delivery facilities ptan to be presented
by the applicant aher approva! of a project by the Ciry of Palm Desert. 'The si�cant effects, if any, will be
discussed in future environmental documentation to be provided ia connection wich this plaa.
The City of Palm Desert does aot possess complete jurisdiction over public service and faciliry provisioa for chis
Project. Several responsible ageacies have jurisdiction over the project. It is believed, based on the lettecs of
commenc by the various service providers on the EIR, that the mitigation measures imposed will be accepcable
to these purvcyors. However, subjeu to the Public Resources Code Section 21081(b) suc� mitigation measures
are the responsibility and jurisdiction of another public ageary and should be adopted by said other agencv.
These measures are iden�ed with ('}.
`Titi¢ation titeasurta
,t9. Prior co tlu issitance of any b�ilding per►nits, projecc plons shal! be nevrewtd with the Rivenide Counn•
Sherijf Depanment Soid �rtw shall jocus on security nttasstns or otht� dtsigrt ftaruns to ensure public
safery within the projtct ana.(`)
S0. Prior to tht issu�ce ojte�fiftevtu of use end occupancy, the applicant shall paricipate on a prr� rota basu
in che junding oj posidons and/w equipn�enr necusary jor the Riverside Cou»ry She�ijJ Deparrm�nr to
conrinut to opt�att at its cumcnt ltvel oj ttrvite in t/�is portion of the Ciry. Dtctrmination oj ►secessary
21
` `�
mcasures shall be rnade by the Co�nty Shenfj� in consultarion with rhe Ciry Managrr and Direcror of
�'omrrsuniry Development. ( •)
�1. .4 fir+r flow oj 1,500 ga!lons per minure (gpm) /'or a 1 hour dwation at 20 psi nsidua! operanng pnssune
musr be avai/able beforc any combustible rnatuia! is placed ore rht job sire.(•)
52. Provide, or show there �risu a water rysrem capable of providing a potenaal gallon per rninute flow oj 1, SPO
for single family, Z,S00 for �nultifarniJy, and 3,000 for cornmercia� The actua! fin flow available fmm any
one isvdranr connected [o any given warer main shall be 1,500 gprn �or two hours duration at 20 psi nsidua!
operaang pressure. ( •)
53. The r�quired fire flow shal[ be available from a Super hydrant(s) (6" x 4" x 2:4" x 2:i"), locared not less
than �S' nor rnore than ?00' single jamilv, 16S' multifamily, and ISO' commtr+cia! from any portion oj tht
building(s) as rne�sured along approved vehicu/ar aavelweys. Hydranu installed below 3,000' e/evation
shall be of the 'tiver bame!" rype. (•)
54. .4 combinarion of on-site and ojj site Super frre hydrants (6" z 4"x 2:fr"x l'r!r") will be nquired located not
less than ?S' or rnon rhan Z00' single familv, 16S' mula familv, and ISO' commerria! from any porrions
of rhe building(s) as rneasured along approved vehicular aave/weys. The requiied frre jlow shall be
available from anv adjacenr hydrant(s) in the system.(')
S.i. Comply with Title 19 of rhe Calijorrsia ,-idmrnistrarive Code in ol! A, E. 1 occupancies (clubhouse).(•)
56. Instal! a comp/ere frn spnnkler system per NFPA 13. 7he post indicvto� valve and fin depa�vnent
connecaon sha/l be located ro che fron� nor fess than 2S' from the b�ilding and within SO' oj an approv�d
hydrant. This applies co all building with 5,000 squane feer or rnon building ana as rri�aswcd by chc
building footprin4 including overhangs which a�r sprinklend ptr NFPA 13 The building ano oj additroRal
/Ioors is added in for a cumulaave rotal. Exempted an one ond nvo family dwcllings.(•)
56. Insrall a fre alarrrs (water flow) os rtquircd by tht Uniform Building Codt 3803 forspnnkler system. lnsta!!
ramper alarrns on all supplv and control valvcs for spnnkitr systems.(')
S%. Cenain designated areas will be required to be maintained as fin lanes and shal! 6t clearlv marked bv
painting and/or sigrts approved by tht FFrt .Karshal. (')
5� lnscal! a fr�e alarrn as required by cht L'niform Building Code and/o► Urtijonri Fin Code. .tfinimum
requinment is UL centra! sraaon monitoring oj sprinkl�r rystem p�r NFPA 71 and 72. Alams plans an
requind jor al! UL ctnrra! sradon r►tonitored systems whero any interior dtvices an required or usedl')
59. lnsta!! portab/e fre atinguishers per .VFPA. Pamph/et �10, but not !us chan L410BC in raring. Fire
e�inguishers �nust not be ovtr 7S' walking disrance. !n addition co tht above, a 40BC fi�r aringuisher :s
requind for com�errial kitchens. (')
60. Insrall a hood/duct automadc fore erringuishing rysrern if operating a cornmu+cia! kicchen includin� bur
nor fimited [o, deep fiyers, grills. charbroilers or other appliancu which produce grcase laden �apors vr
smokt. (')
61. lnsta/l a dusr co!lecring rystem as per rhe G'nijorm Building Cod� Section 910a ond Uniform Fir+e Code
Secrion 76.IOZ if conducting an operation that produces ai�ome panitlu. A carptnter or woodworldng
shop is consrde�rd one ojseveral indusaia! processes rrquirrng dust collecaon.(')
1"'�
62. Al! buildings sha!! be accessible 6y an a11-weather roadway erttnding to within ISO' o/ all porrions oj rhe
czrerior walls oj rhe fust story. The roadwcy s/�a!! not bc !us that 26' oj wwbstrucced widrh and 13'6' of
vertica! cicananct. When paralltl par�dng is allowtd the roadway shall bt 36' widt with parking on borh
sides, .i2' wide with parking on one sidc. Dead-end roads in acus of ISO' shal! be p�vided with a
minimum 4S' rodius turn.anowrd (SS' in indusdiol devdopmentr). Fountains or garden islands p[actd in
the middlt of thes� tum-arounds shall not txreed a 5' radius or !0' diameta. Ciry srandords may be nioro
resaicrive. (')
63. Whenev�r access into privett proputy is cortt�lled through use ojgar�s, baniers, guard houses or similar
mearss, provision shaU b� rriadt to facilitate accus by emaguery vehicles in a rnann�� epproved by the Fin
Depamnen� All conpr�Utd aceess devicts that ar+e powt� opt�ted sha11 have a �adio-coRmo!!ed over-ride
sysrem capable of opening the gate when activattd by a sptcial aanstininer located in emergtnry vehic/es.
Devices sha!! 6e eqeeipped with bacla�p pow�r faciJidu to opercre in the tvent of power failure. All
controlled accas devicu that arr Ror powtr ope�rtd shal! also bt approved by rht Fin Dtporvnent
:�finimwn opening width shal! be 16' with a minimum vrniea! cleercnce of 13'6" One F'" firquenry
rransrnintr shall be p�vrdtd to Fin Marsiwl for eacl� 8rite insralled (•)
64. A dead end single acce,ts over S00' in lengrh wil! �+equi�r a secondary access. sprinklers or other miagative
rn��rs approvtd by rht Fine ,lfarshaL Under no cincumstances sha!! a single d�ad end acctss ovtr 1„�00
�eet be accepted ( •)
65. A new rrsidenc�s/dwellings on �rquirrd to hevt illurninated �tsidtntial addnsses meeting both Ciry and
Fire Depart�nent approvoL Shake rhing/e roojs an not pumitted in rh� Ciry of Palm Desen.
66� Cornme�ia! buildings shall havt illuminattd addnsses of a size appr+oved by che Ciry.
67. All frn sprinkler rysterns, fcxed f�ne supp�ession rystenes aied alarm plans rnLst be submiaed sepmarely Jor
approvvl prior to consauction. Subconvrscrors should conract the Fi�r Marshal's ojj`'rcc for sub�ninal
requir+emtnts.(')
68. Prior td the issuance of building pen►tiu jo� ony nsidtntia! souctuns, the opplicant shall pav appropriare
schoo! inidgation fees ar rrquind by tht Dtsen Sands Unifitd School Disuict.(•)
69. Prior ro [he issuance oj any building pemsit for cornbusrible consaucao� rhe d�velop�r shal! submir
evidenct to the Director oj Conrmuniry Devtlopneent that a warer storagr and d�livery faciliries plan has
been approved by dit C'T�WD and any orher agenciu with jwrsdicaon, togerha wrrh al! appropriate pe,rniu
a.rd enviro�menta! docrunentation rhurfor.(•)
70. Prior to the �rcordation oj a�rna! map, tht applicant sha!! con.rduer or post secunry guaranteeing the
con,stnection of the foUowrrrg public and/or private improvunenu in conformance with applicvble Ciry
standardr.
• All sarn improve,ntrtu
• Sto�m d�in facilitiu
• Subdroi�e faciliriu
• Lcndseape rrri8uriae co+in+vl facilitiu (tnu. parkr avrd public oreas)
71. Prror to rhe issuQnet oj building pen►�iu rhe applicant shall subneit and have approv�d by the Dirrcror oj
Conrmuniry Developmen; a waru conscrvarion statuntnt which demonscatu compliance wiri� rhe
following
23
�
72.
%3
74.
A landscapt plant palctre compatib/e with identified conditions uali�ng droughr nsisranr vegetation
when appropriate.
Rtclaimed water has been used for landscape irmgation to the aYent feasibl�.
Water conserving feanues such as !ow volwne woter closetr and lavatory faucetr wich li�nited Jlow
valves an incorporut�d inro rhe projecG
Sewer improvement plans shall be submirrtd for tite rtvitw and approval oj the City Enginetr and tht
Coachella valley Warcr District pnor ro the issuance oj building p�m�iu. (•)
Prior to the issuance of any building perrniu, the applicant shal! subrnit a phasing p/an to GTE Califomia
�or review a�rd approval. ( •)
Prior to the issuanca oj any building permiu, rhe app/icant shall submit a phasing plan to Palmer
CableV'�sion for m�rew and approval. f•)
�S. The proposed project shal! conform to applicable Public L'tilides Cornmission regulations. Builders wi!!
be required to comply with adopted Srate ene� conservaaon standards per Sections 1451-1542 of Title ?0
• oj rhe California Adrninistrarive Code and Secrions P 1Q 1451 through P 20-ISal oj Trt/e Z4 of the Code.
Thu mitigaaon measure shall be mo►sito�ed ehrough the Ciry's building codt enforcement process.
� 6. Pnor ro the issuanc[ of any grading p�rrni4 rht applicant shall enter into an agretment with the Coachella
Iiallry ,Nosquito.�batanent Districe for the application of amactant bait for ryt griau to rhe �olf course and
other arcvs of the project as derenriincd n�cessary/appropriate by the Drsrricr. Evrdtnce of rxecurion of said
agnem�nt sha116t sub�niatd to tht Ciry Engincer. (•)
T,' Pn�or ro tht issuance oj any gr�ading pemsi� rhe applicant shall submit a�nosquito nsanagtment plarr jor
rhe review and approva! of rht District .Nanager, Coeche/la Valley .i�fosquiro Abatemenr Distncr. Said plan
sha!! include:
0
�
A maintenanct program thar involves v�getation managernent. Thu irnponant issue can bt
addresstd in such a way as to prevent weeds and aquatic vegetation, which provrde rdea! breedirrg
areas for ,nosquitoes.
IRsurt accessibrliry for mosquito contro! personne/ and equipment to rht sia for inspecrion and
trcatment.
Speci/'rc devtlopn�tnt plans shall incorporote vector prtvention guidtlines standardr, and
checklists, as provided by rhe State oj California Depamnent oj Nealch Suvices.
EL•idence rhat said plan has been approved by the District shal! be submined to the Ciry En�ineer.l •)
,;
tiliti¢atioo �ieasures .�dded
Based on comments received on the Drah EIR, thc following mitigation measures have been cditcd from those
contained in the Drah EIR. Editing is shown in undcrline/strike-out.
78. Pro�ide written certification jrons the desiPn �n�ineo rhat
hydrant(s) wi11 be insta!!ed and wi!! produce the �rquind fsne flow, or crrange filtd inspection by thc Fin
Department p,ior to �rquest for jura! inspection.
79. Prior to the applicarion fo� a building perrnit, the developer shal! fumish the origina! and two copies oj che
water rystem plan to the Counry Fin Depa�ent jor nview. No buiJding pennit shal! bc issued unal the
wcter systern plan has betn approved by the Counry Fire Chief. Upon approva� tht ongina! will 6e
retumtd One copy wil! be sent to the �+esponsible inspecting autho�ry.
Plan shall conform to firr hydrant types, location and spacin� and th� rystera sha!! nieet j:ro flow
requirernents. Plans shaU be signed 6y a Registend Civic Engenter
eer*�p�with tht following catificaaon: "I cenify that the design of the water rystem is in accordance wirh
tht rtquii+ements pnscnbed by the Riverside Counry Fin Depanment" Systtm has bten d�signtd ro
provids a minimum gallon pe� minute flow of 1500, 2500, 3000."
77re following miagaaon measure was added by the Ciry Council in itr action on rht project.
80. Applicant shall provide a rrrycling progran� for,eview and approva! by the C'iry of Palm Desen Communiry
Develapm�nt Depc�vnenc and Environrnenta! Cons�rvarion ManaB+tr.
41itiQation 4teasucts '.�ot Incos�oocated
Noae.
FRecrc Yot tiiiti�ted to a[�'ve! of 1nsiQniticance
None.
POP[7La►T10N. HOUSING AND EbiPLOY;�IEYI'
� � 1 .
SCAG defines a balanced regioual area as oae when empioyment to population ratio is between 0.38 and 0��
cmployees per resideat. A ratio over OSS is considered "job rich' and under 038 is coasidered 'job poor'. The
City of Palm Desert u currently slightly job rich with a 1987 ratio of employees to population of 0.66. By the
year 'A10, the ratio is ezpeded to remain the same. The proposed project will help to ameliorate chis condicion
by providing 6ousing.
�iiti¢�tion �lessurss
TJone necessary.
1�tltiQation Neasutes Add�
�Jone.
�
0
�tidQation yleasure� �ot f�cocnorated
None.
�Rg_ �ot Niti�ted to a L.evel of insi�iticance
None.
:b
Exhibit B
EXPLANATION FOR REJECTION OF' PROJECT ALTER'�ATIVES
Twelve projeci alteraatives were presented in the EIR. 'The Ciry Council has reviewed and considered such
alteraatives in light of tbe adverse environmental effects w}uch may result from the projeci in the reduction or
elimination of such effeds whic� might be acwmplished by ul�ction of one of the alternatives.
Each alternative is summariud below and specific economic, social, or other coasiderations that readered such
alternatives infessible are set fortb. 'I'he disc�ssions below are intended to summarizc, and not fully restate the
evideace contained in the Draft EIR, Response to Commeau, aad tbe adminiscrative record as a whole.
To the exteat that the Ciry relies oa economic justification for che rejection of alternatives, that justifica[ion has
betn provided by t�e applicant and is contained in the Drah EIR (Appendix D) and che Response co Commencs
(DeLoitte & Touche study, Pas�aell Kerr Forster study).
PRQlECl ALTF.RN.�lTNE�
The NO PROJECT ALTERIYA'TIVE assumes that, ia the near term, the project site remains vacant. However,
the geaeral plaa and zoaing districts applicable to the majority of the property con[emplate ultimate developmcnt
of a planned residential commuairy for five to seven dwelling units per aae. The NO PROJECI'
AI.T'ERNAT'IVE does not partieularly guarantee that there is no development, but rather that a differeat
development would be proposed Therefore, although implementation of the NO PROJECT Al..TERNATIVE
would eWninate all impads of the proposed project in the short term, ia the long term it has the potential to
produce impacis equal to or grester than described in the proposed project. Therefore, this alternative is
rejeaed as having no capability to reduce si�iFicant eaviroamental ai%us.
The NO DEVELOPME2V'T ALTERNATIVE would indicate that the site will remain in its preseat undeveloped
state for t6e foreseeable futwe. The genera! plan and zoning would need to be reduced to a desi�acion that
would prohibit developmen� While tbe NO DEVELOPMENt ALTERNAT'IVE would etiminate ail identified
urban-related impaas of the projecs, aad 'u the environmentally superior alternative in this sense, the Ciry would
be subjecied to a challenge for depriving the owner of all economic use of the properry. Furthermore, the City
would not be able to reduce its job rich housing to employment ratio to a more balanced community as proposed
by SCAG. Additionally, tbis alteraative does not achieve tbe loag-range planning goals o: the Ciry as arciculated
in the General Plaa. For these teasoat, this alternative has been rejccted.
Tha ALL RFSIDENTIAL PROJECT (lot and blocSc configwation) would assume that the site would be
developed as a conveatioasl residential project, etiminating the golf course and ancillary club facilities.
Appro�dmataly 896 resideatial bts with some common open sgace areas could be developed uader such a
scenario. Thit alternativ�e w�ould have tbe same impacts in terms of land form modiFcation, buc would have
greater impscts in the uw of air qualiry and drainage and hydrology. The project would also havc greater
impacts in the atea of biolopeal resources. aesthetics and land uses siace the dwelling unit proportion is more
intense than w6at is curreatly proposed aad there would be ao opportuniry for incorporating environmcatal
restoration programs for Dead Indiaa Creek within the golf course. Traffic generation is also more than twice
that projeaed for tbe propo�ed project. Because of tbe incrersed impacts, and tbe absence of any reduccion in
impaas over that of tkose anticip�ted from the project itself, thit alternative has been re}ected.
T3e BIGHORN INSTI'I'UTE BUFFER AL'I'ERNATIVES include a pallet of three project alternatives which
iacorporate buffen of vsryit� extent based on previotu and curreat biolo�cal resource surveys on the sice.
27
Because there was a significaat diversiry of ezpert opinion on the e�aeat of aay open space buffer necessary to
separate urbaa developmeat fram thc operacioas of thc Biv,Jaorn [nstitute, these buffers ha�e becn organizcd into
a s00 Y.�RD BUFFER, a$IGHOR:�I INSTITLTE RECOMMENDED BUFFER, and a CONSLJLTING
BIOLOGIST RECOM�tEWED BUFFER. rVl buffers are measwed from fenct at the bottom of the 8ighora
Institute pen.
The �s00 Y�RD BLIFFER would create an opea space area of approximately 24 aaes with no uses within it and
is eavuon.mencally superior to che project. This altemative would force the relocation or eliminaaon of
approxima[ely 11 residential lots and all or part of ewo golf course hoies. The impact difference of the projed
with the �3�0 YARD BUFFER as compazed to che proposed project is minimal ia topical areas outside Biological
Resources, Yoise, aad Liaht aad Glare. T�is alternative's impacts are so similar to the proposed project that
it is �irtually the same. For this reason the aitcrnative has beea accepted subject to aa iacrease to 600 yazds in
a aorcheasterlv direction.
The BIGHORN INSTITUTE PROPOSED BL:FFER c.alls for the preservation of approximately 135 aaa (800
to 1.�00 vard buffer) in a northeasterly direccion Erom the Bighorn Institute pen. The BIGHORN ADVI5QRY
CO�1�tI1TEE BUF�R (December 9, 1989) is slightly smaJler, being 400 to 600 yards with an extension ro
1.000 vards. Eithcr the BIGHORN INSi'ITLTE BL'FFER or the BIGHOR:�I ADVISORY COMMTITEE
BC,FFER will reduce the impacts in the arca of earth resources, drainage and hydroiogy, biolo}ca! resources
�including the preservation of Dead Indiaa Creek and rocky hillside slopes in the eastern portion of the property)
and traffic. Coas[ruction noise impacts will also bc reduced since construction will not occur as close to che
Bignorn Insticute faciliry as will under the proposed project. However, ovezall tho impacts as a result of tbis
�Iternatir�e are either equal or incrementally fess in ma�itude from those of the project. T'he applicant has
presented evideace that this alternative is economically infeasible since it produces only a 3% interna! rate of
return before fmancing and this amount is not sufficitnt to attract poten[ial lenders. This is prunarily because
the golf coarse cannot be built under this alteraative, as the BIGHORN INSTI'f'LJTE PROPOSED BUFFER
prohibits golf course uses in the buffer area. The City Council concurs in this analysis and rejecu this alteraaave
as inieasible for the economic reasons recited above. These ecoaomic reasons are tantamount to not proceeding
with che project at all, similar to the :�10 DEVELOPtitE:�t'I' ,�L.TERNATIVES.
The CO�SL'LTI�1G BIOLOGIST RECOM`iE:�1DED BIGHORN INSTITUTE BUFFER is discussed in th�
bioio�ca! resources section �.s we(1 as the project atternative sectioa. This buffer would be 600 to 1,1=5 yards.
Thc impacts would be quite similar to those of the B[GHORN INSTI'IVTE aad BIGHORv ADVISORY
COLiL1ITTEE BUFFERS. The applicant has presen�ed information conceraing the cconomic inFeasibility of
this sir.:ilar [o the B[GHORN INSTITUTE BUFFER and the Ciry Council rejects this alternative for the reasons
st�ted in the v0 DEVELOPME:vT AL.TERyATIVE aad the BIGHORN INSTITUTE BL;FFER
.-�L.TERvATIVE.
SITE DESIGN ALTERN.�TTVES
Tµo site design alternatives are preseated. �L.TER�(�TIVE SITE DES[G�t/GOLF COURSE IV BL;FFER
.-�R�� �,.Li'ERNATIVE would provide a bufEer. The size of the buffer as drawn in the BIGHORr
[vSTITUTE RECOMMENDED BUFFER (Li5 acres) is assumed, but six golf course holes would be able to
be placed withia che proposad bufftr. Thc same number of units would be developed. This alteraative has the
same impacts to traffic, bio[o�cal resources (Dead Indiaa Creek) and similar impaets in the area of esrch
resources, �ir qualiry, draiaage aad hydrology, and aesthetics. This altemative mitigates partially any effects on
the Bighorn Iastitute by sepazating structural dc�etopmcnt from the Institute pen by a conaiderable margin.
Since the golf course is not used at aight, the aight time activity would be similar to that expected under the
natural condition. This alternative aiso results in reduced impacts on the Desert Wash. The 3pplicant 6as
presen�ed evidence that the alternative is economicaltv infeasible because ac least six gotf holes would not ha��e
residential froatage, which would make the project less actractive u�d less competitive with similar pro�ects in
�
the area. The iaternal rate of retura before financing is 11%, which is not sufficieat to attrau potential leaders.
The internal rate of return to atuact potential leaders ia this uea must be a miaimum of 20-25°i,. Therefore,
the City Couad rejects chis alternadv�e as ecanomically iafeasible and, because lenden will eot finance such a
project, tantamouat to tbe NO DEVELOPMENT ALTERNATIVE.
T6e aJteraativ�e S1TE DFSIGN/HIGH DENSITY RESIDENI'IAL qI„'I'ERI�1pTIVE wu requesced by
representativa ot the Bighorn Institute aad would coasist of a combiaation of traditional siagle-famity and higher
dcasity multifamily development with a Bighorn Institute buffer (135 acres). No golf couru would be induded
in the buffer. 140 acres would be devoted to golf course �in the developmeat area aad T7 acres would remaia
for residential developmen�
This alternative would require that many of the units be located ia mid-rise structures (4 stories). While this
might be feasible developmeat ia another locadon. noae of the uses currently ia the uea have buildingt this call.
The impacts in most of the topical areas other than biolo�cal resourcts arould be the same or similar. The
applicant has preseated evidence rejecting this alternative because the high densiry development is inconsistent
with and objeciionable to sutrouadiag residential developmen� It also does not provide sufl'ident residential golf
course frontage to make it competitive with other similar projects. This is a direct effect on its economic
feasibility. This is more of a project for a central urbanized area of the Coscbella Valley, rather than an area
at the fringes of the Ciry. For these reasoas the Ciry bas rejected t6is alteraative.
.�lLTERNATNE SITES
There were four alteraadve sites considered in ebe EIR. The alternative site of northern Palm Desert is locatcd
east of Monterey Aveaue between Frank Sinatra Drive and Gerald Ford Drive. This sice is aot owned by the
applicant. The site it ia an Auive Blow Site Area and there are �eater potential for sigaificant impaas to earth
resources and air quality than under the proposed projea. Impacu to draiaago and 6ydrology, cultural resources,
aesthedcs aad energy are considered comparable to the proposed projecx. Impacts to biological resouras are
more severe as t5e si;e is focated within the habitat area of the Caac�ella Valley Fringe-toed Lizard, a spedcs
designated endangered by the State of California and threatened by the US. Fuh and Wildlife Service. This
alternative has beta rejected for its impact on the Fringe-toed Lizard habitat and sinct the applicant does not
own the site.
Another alternative site. PROJECT IN COMBINATION WITH ADJACEM' WESTINGHOUSE 'EAST
(SUNCREEK) PROPER'TY assumes tbat the Altamira Couatry Club site is developed in combinatioa with
Westing,house East. The WESTINGHOUSE FaST PROPERTY would b� combined in the developmeat plaa
for Altam'ua, pruumably "looaening" the pian so tbat th� buffer conld be mo�e feasibly attained. Impaas would
be similar to the proposed projeci ia most of cbe topical areas. The WEST[NGHOUSE FA.ST PROPER?Y
is privately owned, however, aad tbe appGcant is not in aay present negotiatioos to purchase it. 'ihe
WESTINGHOUSE FAST PROPERTY was receatty the subjed of a dev�elopment appGcaaon of its own, and
therefore actually less uaits vrould be available uader a combined scenario thaa if ihe properties werc devetoped
separately. The applicant catmot obtain tbis property as a site to add to tbeir project aad therefore this
alternative is consi�ered iafeas�k by the Ciry Council.
Thc SHIRLEY PROPER'I'Y ALTERNATTVE is located imaiediately south of the BHI site. T'he site lics
outside of the cityr ia Riverside Cotsaty, whoae communiry pian designates appro�dmately 150 aaes of the
northwest portioa o[ tbe properry as two to five dwetling uaits aa ure and the remainder of the 38S ace
properry as permaaent open spue. This site does not provide suffideat buildabk area for the project as
proposed aad requires pursuit tbrough aaother jurisdiction other t6aa t6e City of Palm Desert. T3e developmcnt
of this aiternative would also result in the discoatiguous pattera of developmeat whicli would nec�ssitate
extension of infrascructure facilities and poaubly open other previously uadeveloped and undesignated parcels
for development. For these reasons the City Cound has rejected this alternative.
r�7
A LAND EXCHANGE with the Bureau of Land Managemeat (BLM) was considered The available BL�i
ownerships were e:amined in the nearby area. Each of the parcals would require a General Plan Amendmcac
ro develop because the jurisdictioas in which they are located have desi�ated them for permaaeat open space.
Grading aad access for these pazcels is also more difficult than under the proposed project, since their open
space characieriTation has minimiud the amount of infrastructure that has beea euended to them. One BL1�t
parccl located in the Ciry of Indian Wells is potentially developable. This property is 480 aaes in siu and 'u
located at the mouth of Deep Caayon. It is outside of the City of Palm Desert. However, an agreement adsts
between the Bureau of Land Management and the Univenity of Califoraia (the owner of the adjacent Deep
Canyoa Research Faciliry) grantiag access to the properry by UC personnel and students for research purposes.
T�erefore, development of this properry would interfere with that agreemeat. Based oa this coastraint, the Ciry
Council has rejected this alternative as infeasible.
0
Exhibit C
STATEME�1'T OF OVERRIDING CONSIDERATIONS
The Ciry Cound of the City of Pa1m Dcsert fmdt that the mitigation measuru aiscusaed ia Exhibit A will, whea
i.mplemented, mitigate or substaatially reduce most of the sigtiifcaat et%cu ideatified in the EIR. Nonetheless,
csrtain sigaiticaat environmeatal impacts of the project u� �navoidable even aher iacorporatioa of all feasibk
mitigation measures. For such effects, the Ciry Council hat balutced the benefits of tbe project against such
unavoidable adverse environmeatal risks in approving iG Ia this regard, tbe City Couacil hereby fmds that all
feasible mitigation measures identified ia the EIR, as well u the new measures added in F..u}u'bit A, have been
and will be implemented witb the projeu in that aay significaat unavoidabk effects remaiaiag are accepwble due
to the foUowiag spe�c economic. social. aad other cansiderations, includiag but not limited to projeu bencfits,
based upon the facts ut forth above. in the fiail EIR� and ia the public record of the consideration of this
projeu. The uaavoidable advtrse impacts are ideatified ia Ex�bit A.
F.quitabk Caeside�aer
The EIR aad the record for this project documeat that the Bighorn Institute located ia pen faciIities in full
knowledge, or with the potential of full kaowledge, of the plaaning activities of the Counry of Riverside and the
City of Palm Desert. 'I'tiis includes a recognitioa, auual or construaive, that tbe site was zoned and planned for
residential uses. The evidencx available in the public rccords of the Bureau of Land Maaagemcnt evea note that
this considcration was taken into account, particularly in tbe appraisal report as value for the taad was se� It
must be assumed that che Bighorn Institute kn�w of this issue aad considered the location of thcir 30-aae pen
so close co the bouadary with future devetopment in Palra Desert to be accepcable.
T'o the extent that tbe Bigborn Iauitute may have coasidered this pro�dmiry acctptable at oae time, but now no
(oager considers it acceptable. is a factor of internal coacern to the Bighorn iasticute operaaons. The City of
Palm Descrt is not coesideriag a geaeral plaa amendment or zone change on this property from opea space to
residenaal, buc rather an implementuion of iu owa general plaa. If problems have arisen that were aot exp�cted
by the Bighorn Institute at the time that Bighorn Icstitute established so close to ruidential properry, che City
Council of the Ciry of Palm Desert believes that it is incumbent upon the Bighorn Institute to looic to [heir own
site or another sit� to mitigate impacts to their facilities as they may now e�csi or as tbey may e�ast in the Euture.
The estabtishment of aa opea space buffer with no ases in it imposes a butden oe the City of Palm Desen of
litigation, inequiry. aad loss of reveauu for a problem that the Ciry of Paim Desert aot only did not create, buc
made completely pub4c throug� its records and pre-anaexation activities. There was ample opportuairy through
the pre-zoaing process for tbe Bighorn Institute to make the City of Palm Desert aware of any conflicu with
their faciliry. Howtver, Bighorn Institute located its 30 acre pen onty 300 feet from the bonndary of the Altamira
properry, which is also the muaicipal bouadary. For the Bighorn Institute to assume that Palm Deurt would
essentially change its general planniag program to accommodate aa adjacent land use which had willingly moved
so close to the ciry is an uaressoaable expectation. It also deprives the Ciry of Palm Desert of che subscancial
revenue from thi� project, zt w►ell as the contribution to the Cit�s jobs/hoasiag balance.
These overridiag ooasideratioaa ue oaly stated ia an abundana of caution provided there j� any impaa to the
Sighorn Institute ficilit�► u aIL As documented in the fiadings, tbe City of Palm Descrt is persuaded by those
experu who believe thu no buifer, or oaly a small buffer, it neces.sary to mitigate all effects. Therefore, there
are no sigaificant effects to biolopcal resowces that need to be overridden in this sense. How�ver. to che e�aeat
that uaanticip$ted impacts wiU occur, and recogaizing the permaaence of the Altamira developmeat oncc it is
31
established, the City Council of Palm Desert hereby sets forth che above ratioaale for proceeding with the project
in view of the slight poteatial for these impacu.
The applicaat has also offered to relocate che lambing pen at his expeast as a means of miagating the impac:s
of the project. While chis offer is being considered, no resoluaon has been achi�ved.
OWaoll Plmining Cacsid�mtia�r
'i'he City Couacil of the City of Palm Desert has for sometime had an adopted general plan which has becn
harmonized with the Cit}�s poGdes for overall growth of both housiag aad jobs. The City has chosen in its
general planning scheme to conceauace the job producing uses ia the ctnter of the Ciry principally aloag
Highway 111, while using as residential areas portioas of the City away from Highway 111. To the exteat this
project is not developed or aot dev�loped as proposed, this would prevent the City from achieving its full
expectatioa. In adopting these policies, it is imponant to note that the Ciry Council strove for balaace betweea
enviroamental quality objeciives, fiscal respoavbiliry, and land use patterns. Although this project individually
will not defeat the CitWs goals entirely in these areas, it is a significant step towards compromising the goals thac
the Ciry had for general planning.
3�