HomeMy WebLinkAboutCC RES 94-127,G-�
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RESOLUTION N0. 94-127
A RESOLUTION OF THE CITY OF PALM DESERT APPROVING THE LEASING
BY THE PALM DESERT REDEVELOPMENT AGENCY OF APPROXIMATELY 2Z
ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF PORTOLA
AVENUE, SO[JTH OF FRANK SINATRA DRIVE, PALM DESERT, CALIFORNIA,
TO RONALD ODERIRK AND RICK ODEKIRK
THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND
ORDERS AS FOLLOWS:
Section 1. Health and Safety Code Section 33433 requires that
before the sale or lease of any property acquired by a
redevelopment agency, in whole or in part, directly or indirectly,
with tax increment moneys, pursuant to the redevelopment pl�n, said
conveyance shall first be approved by the leqislative body by
resolution after public hearing.
Section 2. On Dece�aber 22, 1994, the City held a duly noticed
public hearing on the approval of the Palm Desert Redevelopment
Aqency's (the "Aqency") proposed lease of certain real property
(the "Property") described in that certain Dispoeition and
Development Agreement (the "DDA" or the "lease") between the Aqency
and Ronald Odekirk and Rick Odekirk (collectively, the
"Developer"), at which time all persons desirinq to comment on or
ask questions concerninq the lease of the Property to the Developer
were qiven the opportunfty to do so. Prior to the pnblic hearinq,
informntion concerning the Agency's proposed lease of the Property'
to the Developer was available for public inspection in the offices
of the City of Palm Desert at 73-510 Fred Warinq Drive, Palm
Desert, California, 92260, between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday. Notice of the public hearinq was
published in the Desert Sun on December 7, 1994 and December 14,
1994.
Section 3. The City has reviewed and considered all written
and oral comments, questions and concerns regarding the Agency's
proposed lease of the Property to the Developer received prior to
and at the public hearinq on said lease.
Section 4. The Environmental impacts of the Aqency's proposed
lease of the Property to the Developer for the development of
impravements thereon was analyzed in the Final Environmental Impact
Report for the Section Four North Sphere Project {the "EIR"). The
City certified the EIR by Resolution No. 94-119, "Resolution of the
City Council of the City of Pe2m Deaert, California, Certify3r.q an
Environmental Impact Report for a Proposed Section Four. Site Plan
Bounded by Frank Sinatra Drive on the North, Cook 3treet on the
East, Country Club Drive on the South and Portola Avenue on the
West." The Aqency's environmental findings wi.th respect to the DDA
are attached as Exhibit "A" to the Agency's Resolution being
adopted concurrently herewith, entitled "A Resolution of the PaZm
Desert Redevelopment Aqency Approvinq the Leasinq of Approximately
22 acres of Real Property Located on the East Side of Portola
RESOLUTION NO. 94-127
Avenue, South of Frank Sinatra Drive, Palm Desert, California, to
ronald Odekirk and Rick Odekirk" and the city concurs with such
tindinqs. The mitigation measures aet forth in the EIR with
respect to the project development oi the project described in the
DDA.
Section 5. The DDA requires the Developer to construct
certain improvements on the Property as therein described,
including, among other things, a softball complex containing three
softball fields; four eand volleyball courts for leeque and
tournament play; and a multi-purpose covered structure containing
three basketball courts, convertible to one indoor soccer or hockey
field, and a staqe area.
Section 6. The City and the Aqency haa obtained an evaluation
of the fair rental value of the Property from Rosenow Spevacek
Group, Inc., who has determined that the net present fair rental
value of the property for the entire term of the DDA, at the
hiqhest and best use of the Property, ia approximately ;1,249,677.
The net present value of the minimum rent proposed by the DDA for
the entire terta of the DDA is ;1,20Z,281, and the net present value
of the sum of the minimum rent and projected percentage rent for
the entire term of the DDA is s3,030,823.
Section 7. The City hereby finds that the sale of the
Property pursuant to the DDA will aeaist in the elimination of
bliqht due to the obliqation of the Developer to construct thereon
the improvements described in the DDA.
Section 8. The City hereby finds that the consideration to be
paid by the Developer is not less than the fair rental value of the
Property at its h3qhest and best use in accordance with the
Redevelopment Plan for Project J�rea No. 2 of the Aqency.
Section 9. The City hereby approvea the lease of the Property
to the Developer in accordance with the terme and conditions of the
DDA pursuant to the requirements of Health and Satety Code Section
33433(b).
�
PASSED, APPAOVED, nnd ADOpTED by the City Council of the City
of Palm Desert, California, at its reqular meetinq held on the 22nd
day of December, 1994, by the followinq vote, to wit:
RF.SOLUTiON N0. 94-127
EXHIBIT A
ENVIRONMENTAL FINDINGS
Section 1. The Final Environmental Impact Report (the "EIR")
for the Section Four North Sphere Project (the "Project") was
previvusly certified by the City Council of the City of Palm Desert
by City Council Resolution No. 94-119. The City Council determined
that the EIR was completed pursuant to the provisions of the
California Environmental Quality Act ("CEQA") and.the Guidelines
promulgated with respect thereto. The Palm Desert Redevelopment
Agency (the "Agency") concurs with that finding. The Agency has
independently reviewed and considered the contents of the EIR prior
to deciding whether to approve the subject lease. The Agency
hereby finds that the EIR reflects the independent judgement of the
Agency and the governing Board of the Agency. Finally, the Agency
hereby adopts, pursuant to Section 21081.6 of CEQA, the mitigation
and monitoring program on file in the City Department of Planning.
Section 2. Based upon the initial study, the EIR, public
comments, and the record before the Agency, the Agency finds that
there is no substantial evidence that the Project, with the
mitigation recommended by the EIR and adopted by this resolution,
will have any unavoidable significant adverse impact on the
environment.
Section 3. Based upon the initial study, the EIR, public
comments, and the record before the Agency, the Agency finds that
the EIR identifies the following potentially significant
environmental impacts that may be caused by the Project or
cumulative impacts to which the Project contributes, but that can
be avoided or substantially lessened to a level of insignificance;
Hydrologic and flooding impacts, geologic impacts, biologic
impacts, cultural resources impacts, traffic impacts, air quality
impacts, noise impacts, light and glare impacts, jobs/housing
impacts, energy impacts, water impacts, wastewater impacts, solid
waste impacts, electricity impacts, natural gas impacts, law
enforcement impacts, fire protection impacts, school impacts, and
public transportation impacts.
Section 4. In response to each significant impact identified
in the EIR, and listed in Section 3 of this Resolution, changes or
alterations have been required in, or incorporated into, the
Project which avoid or substantially lessen to a level of
insignificance environmental impacts identified. The changes or
alternations required in, or incorporated into, the Project and a
brief explanation of the rationale for this finding with regard to
each impact, are set forth below.
RESOLUTiON NO. 94-127
A. Hydroloqy and Flood Control.
The EIR identifies potentially significant hydrologic and flood
control impacts because project construction will increase the area
of impervious surfaces on the site, thereby increasing runoff, and
will alter drainage patterns through grading. Changes or
alterations have been required in, or incorporated into, the
Project which avoid or substantially lessen the significant impacts
to a level of insignificance. The mitigation measures set forth on
pages 5-2 and 5-3 of the Draft EIR will mitigate impacts to a level
of insignificance. The rationale for this finding is set forth in
Section 5.1 of the ETR. In summary, a detailed drainage plan will
be required to show that the 100 year storm will be retained on-
site north of the Palm Springs Ridge Line and the increment in
flows from underdeveloped to developed conditions will be retained
on-site south of the ridge line, with retention in depressions in
the golf courses. Any flow leaving the site during the 100 year
storm must be in accordance with the City's Master Plan of
Drainage.
Irrigation and drainage must be designed so as to minimize runoff
and/or percolation of landscape runoff and to route runoff through
a wetlands area to break down chemicals in the runoff through
biological and solar action. Urban runoff must also be routed
through the qolf course wetland. These measures must be consistent
with the City's National Pollutant Discharge Elimination System
(NPDES) program. Actions must be taken to control fluvial erosion
during construction and maintain sediment control basins.
Prior to grading plan approval the applicant shall retain a
qualified drainage consultant to prepare a drainage plan which
shall be submitted for approval to the Coachella Valley Water
District (CVWD) and the City. At a minimum the drainage plan shall
demonstrate the following:
• Within Zone 2 the increment in flows from undeveloped to
developed conditions resulting from the 100 year storm is
retained on-site.
• Within Zone 3 the entire 100 year storm is retained on-site.
• All flows leaving the site to do so in a manner consistent
with the City's Master Plan of Drainage.
• Consultation with the qolf course architect regarding the
potential for chemicals in runoff from the golf course has
been documented and addressed.
• The potential for chemicals in runoff from the golf course is
addressed by use of wetland areas to retain flows prior to
their leaving the site or percolating into the underlying
soils.
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RESOI.UTiON NO. 94-127
• Runoff from are�s developed with urban uses is routed through
the golf course and into wetland areas.
• The drainage plan is consistent with the City's NPDES program.
• Amount of fees payable is identified.
• Flow rates are appropriate for hydraulic slopes proposed.
• Fluvial erosion due to construction is controlled under a
construction erosion control program.
• Basins are designed to capture eroded sediments and contain
them on site.
B. Geoloqv
The EIR identifies potentially siqnificant geologic impacts
because, due to its location in a seismically active area, the
Project may be subject to strong ground shaking and associated
hazards such as settlement, seiching, dislodging of objects from
shelves and swaying hanging fixtures. Additionally, fluvial
erosion could result from grading activity and alteration to
topography. Further more, since the site is in an active blow sand
area, wind erosion may affect the site during and after
construction. However, because the site lacks deposits of the
coarse aggregate which is necessary to produce economical amounts
of Portland Cement Concrete grade aggregates, site development will
not result in the loss of significant mineral resources. Finally,
soils on the site are not suitable for the intended development in
their present condition because they are subject to
hydroconsolidation and will require processing to limit settlement
and provide adequate bearing capacity and uniform foundation
materials. Excavations may be impacted by caving soils; and the
trenches will require shoring.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on pages 5-8 and 5-9 of the Draft EIR will
mitigate impacts to a level of insignificance. The rationale for
this finding is set forth in Section 5.2 of the EIR. In summary,
habitable structures shall be designed to mitigate the impacts of
ground shaking, according to UBC or more stringent quidelines.
Managers of project components shall ensure that objects on shelves
are adequately secured. A geotechnical engineering report shall be
prepared to address the physical properties of on-site soils and
provide binding recommendations to aid in foundation design.
Structures shall be set back a minimum of 40 feet away and 5 feet
above all lakes. Lake embankments shall be constructed no steeper
than 3:1 horizontal to vertical to mitigate seiching. OSHA and CAL
OSHA requirements shall be implemented during excavations or
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RESOLUTION NO. 94-127
utility trenches. A detailed grading plan which contains the
following components shall be submitted to the City for review:
conformance with Chapters 29 and 70 of the UBC and City ordinances;
but and fill slopes to be no steeper than 2:1 horizontal to
vertical in building pad areas, but steeper in golf course features
if erosion is not increased; cut and fill to be balanced on site;
streets to have a minimum qrade of 0.5$; angular graded forms
discouraged in favor of natural appearing forms; the grading plan
to adhere to the requirements of the geotechnical report; use of
water in excess of the optimum moisture defined in the geotechnical
report to achieve minimum relative compaction; contouring and
landscaping techniques which prevent and control slope erosion due
to rainfall; a wind erosion control plan; lakes to be lined to
retain water but allow percolation during major storms.
Additional mitigation that is found in the Air Quality (wind
erosion) and Hydrology and Flood Control (fluvial erosion) sections
will also mitigate geologic impacts.
C. Bialoqy.
The EIR identifies potentially significant biologic impacts because
development of the project will destroy the Stabilized and
Partially-Stabilized Desert Sand Fields habitat on the site, a
sensitive community which is disappearing throughout the Coachella
Valley as a result of direct development and blockage of blowsand
renewal. It will also result in a"taking" of the "Coachella
Valley Fringe-toed Lizard" (CVFTL), a federally threatened and
state endangered species and Coachella Valley Milk Vetch, a
candidate for federal listing.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 5-11 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 5.3 of the EIR. In summary, the
developer shall pay the required development fees as described in
the 1986 Coachella Valley Fringe-toed Lizard Habitate Conservation
Plan and Endangered Species Act Section 10 (a) Permit. The
developer shall also pay �30,000.00 to the California Department of
Fish and Game to be applied toward developmetn of a multi-species
Habitat Conservation Plan which includes the Coachella Valley Milk
Vetch.
D. Cultural Resources.
The EiR identifies potentially siqnificant cultural resources
impacts. It is possible, but not probable that subsurface cultural
resource sites are present which miqht be destroyed during
construction. Structure remnants on the site which will be
destroyed durinq construction are less than 45 years old and do not
4
RESOi.UTION NO. 94-127
represent a historic resource. Construction of the project will
also result in the destruction of an archaeological site
(consisting of four Cahuilla pot sherds), but since the site is not
unique the impact is not significant.
Changes or alternations have been required in, or incorporated into
the Project which avoid or substantially lessen the significant
impacts to a level of insignificance. The mitigation measure set
forth on page 5-12 of the Draft EIR will mitigate impacts to a
level of insiqnificance. The rationale for this finding is set
forth in Section 5.4 of the EIR. In summary, if evidence of
subsurface artifacts is found during gradinq, all grading shall
cease and the contractor shall notify the Community Development
Director. A qualified archaeologist shall review any potential
finds and provide recommendations to the City. If further on-site
investigation is required, all subsequent recommendations shall
conform to Appendix K of the CEQA Guidelines.
E. Traffic.
The EIR identifies potentially significant traffic impacts because
the project will generate approximately 25,800 trip-ends per day,
with 1, 260 vehicles per hour during the morning peak hour and 1, 995
vehicles per hour during the afternoon peak hour. Without
mitigation, project traffic in 1996 would result in a LOS worse
than C in several locations. However, the proposed internal
circulation system is generally adequate except for emergency
access to the central hotel and conference center. Special events
at the Sports Park and championship golf facilities will require
more parking than is provided on-site.
Chanqes or alternations have been required in, or incorporated into
the Project which avoid or substantially lessen the significant
impacts to a level of insignificance. The mitigation measures set
forth on pages 5-25 through 5-28 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 5.5 of the EIR. In summary, these
impacts will be fully mitigated by improvements paid for fully or
on a fair share basis by the developer. These will include freeway
intersection improvements and additional turn lanes and traffic
signals. The project will pay the Coachella Valley Association of
Governments (CVAG) Transportation Uniform Mitigation Fee (TUMF) and
contribute to City and County bridge benefit districts to
participate in funding area improvements. The project applicant
shall be responsible for constructing or financing the project
share of circulation improvements (freeway interchange
improvements, additional turn lanes and traffic signals) required
for 1996 and 2015. The applicant shall design the project internal
circulation system to include an emergency service road to the
central hotel and conference center. The developer shall provide
Park-N-Ride parking and bike trails and lanes. The developer shall
prepare a TDM plan consistent with the City's Ordinance 689.
5
RESOLUTION NO. 94-127
Developers of the Sports Park and championship golf course shall
enter into a joint use agreement with adjacent land owners to
provide special event parking; special event promoters shall obtain
a City permit covering off-site parking. The parking area for the
Sports Park shall be redesigned. All unsignalized site egress
points shall be stop sign controlled.
F. Air Quality.
The EIR identifies potentially significant air quality impacts
because construction-related emissions associated with the proposed
project are projected to exceed the SCAQMD significance threshold
for NOx and PM10. Additionally, the project will have a
potentially significant long-term impact on air quality if ineasured
by the SCAQMD operational threshold criteria for CO, ROC and NOx.
However, the project appears to be consistent with the Coachella
Valley PM10 SIP and the goals and policies set forth in the Air
Quality Management Plan. Because the project is less intense than
existing General Plan designations used by the SCAQMD to formulate
the Air Quality Management plan that will bring the Coachella
Valley into compliance with federal and state air quality
standards, and because the Project improves the jobs/housing
balance, the Agency cancludes that with implementation of proposed
mitigation the project's impacts are reduced below the level of
significance.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on pages 5-38 through 5-40 of the Draft EIR will
mitigate impacts to a level of insignificance. The rationale for
this finding is set forth in Section 5.6 of the EIR. In summary,
to minimize construction activity emissions; SCAQNID Rule 403 shall
be adhered to, insuring the clean up of construction-related dirt
on approach routes to the site; SCAQNID Rules 1108 and 1108.1 shall
be adhered to, prohibitinq the use of rapid and medium cure cutback
asphalts as well as organic compounds in emulsified asphalts used
during the construction process; SCAQMD Rule 1113 shall be adhered
to, restricting the VOC content of any architectural coating
materials used on-site to a maximum of 2.08 pounds of VOC per
gallon; adequate watering techniques (with reclaimed water if
available) shall be employed to partially mitigate the impact of
construction-generated dust particulates; portions of the project
site that are undergoing earth moving operations shall be watered
such that a crust will be formed on the ground surface and then
watered again at the end of the day; vegetative ground cover shall
be planted as soon as possible to reduce the amount of open space
subject to wind erosion. Irrigation systems needed to water these
plants shall be installed as soon as possible to maintain the
ground cover and minimize wind erosion of the soil; the project
proponents shall comply with all provisions of the Palm Desert
Municipal Code related to construction activities includinq the
6
RESOLUTION NO. 94-1?_7
development of a Grading Plan, an Irrigation Plan and a Fugitive
Dust Control Plan for submittal and approval prior to the
initiation of grading activities on-site; any construction access
roads shall be paved as soon as possible and cleaned after each
work day. The maximum vehicle speed on unpaved roads shall be 15
mph; grading operations shall be suspended during first and second
stage ozone episodes or when winds exceed 30 mph; any construction
equipment using diesel drive internal combustion engines shall use
a diesel fuel with a maximum of 0.05� sulfur and a four degree
retard.
To reduce construction-related traffic congestion; construction
personnel shall be informed of ridesharing and transit
opportunities; construction parking shall be configured to minimize
traffic interference; construction operations affecting off-site
roadways shall be scheduled for off peak traffic hours and shall
minimize obstruction of through-traffic lanes.
To reduce long-term wind erosion impacts: wind breaks and building
locations shall be designed to optimize wind deflection; wind
breaks shall be designed to allow debris removal; and phasing shall
be planned to minimize wind erosion effects on previously developed
areas.
To reduce long-term operations emissions (by implementing energy
conservation measures and by reducing vehicle miles travelled):
building construction shall comply with the energy use quidelines
in Title 24 of the California Code of Regulations; the proposed
project shall comply with SCAQMD Regulation XV, the City's TDM
Ordinance 689 and any other relevant wind erosion and blowsand
programs; and future stationary sources of air pollutants shall
adhere to applicable SCAQMD rules and regulations.
G. Noise
The EIR identifies potentially significant noise impacts because
construction activities on-site will result in short-term increases
in noise levels adjacent to site access routes and the on-site
areas under construction. The project will not generate audible
noise increases (greater than 3.0 dBA) along any of the roadway
links analyzed for opening year 1996 conditions or cumulative year
2015 conditions. Potential audible increases (between 1.0 and 3.0
dBA) are projected to occur in 1996 along six roadway links (three
of which are adjacent to the project site) where noise levels will
increase between 1.0 and 1.4 decibels as a result of the addition
of project traffic. Project-related traffic noise increases will
represent a long-term incremental impact in the vicinity that is
potentially audible adjacent to two roadways links adjacent to the
project site (on Cook Street and Country Club Drive). Noise
impacts from the proposed sports park will not be significant.
Noise measurements taken at a similar sports park in Poway during
typical weekly activities with approximately 150 people in
7
RF.SOI.UTTON NO. 94-127
attendance fall within the normally acceptable range for any
adjacent residential land uses. Furthermore, based on the measured
maximum noise level at a similar sports park on the six days each
year that special events were held, the noise levels generated by
the proposed sports park on-site would be less than 52 Leq at the
nearest existing resident (and less than the 58 Leq at the nearest
proposed residence).
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on pages 5-53 through 5-54 of the Draft EIR will
mitigate impacts to a level of insignificance. The rationale for
this finding is set for in 5ection 5.7 of the EIR. In summary,
during construction activities on-site, the following short-term
acoustic mitigation measures shall be implemented: construction on-
site shall take place only during the days and hours specified by
City Ordinance; all construction equipment, fixed or mobile, shall
be equipped with properly operating and maintained mufflers;
stationary equipment shall be placed such that emitted noise is
directed away from noise sensitive receivers; stockpiling and
vehicle staging areas shall be located as far as practical from
noise sensitive receptors; every effort shall be made ta create
the greatest distance between noise sources and sensitive receptors
during construction activities.
Site design measures to reduce noise over the long-term shall
include: building setbacks used to reduce intrusive noise levels
at retail and office/professional uses; building setbacks and pad
elevations used in conjunction with acoustic berm or berm and
barrier combinations to reduce intrusive noise levels at any time-
share vacation ownership units located within the 55 CNEL contour
adjacent to Portola Avenue prior to the issuance of building
permits; building setbacks used to ensure that all hotel rooms in
Planning Area 11 are located outside the ultimate unattenuated 65
CNEL contours of adjacent roadways; an earthen berm around the
sports park shall provide noise shielding for any adjacent uses;
truck access, parking area design and air conditioning
refrigeration units shall be designed and evaluated detailed levels
of planning to minimize the potential for acoustic impacts to
adjacent noise sensitive development.
H. Light and Glare
The EIR identifies potentially significant light and glare impacts
because night lighting at the Sports Park is a potential source of
light and glare impacts. However, these impacts are fully
mitigatable through proper fixture design and sufficiently far from
existing or proposed residential receptors. Night lightinq systems
associated with the remaining proposed land uses are unremarkable
and will not create light and glare impacts if designed and
installed according to City codes.
8
RF.S0I.UTTON NO. 94-127
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 5-56 af the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 5.8 of the EIR. In summary, a
detailed lighting plan for the Project shall be reviewed by the
Planning Commission. An independent professional lighting engineer
shall review the details lighting plan for the Sports Park; his
recommendations for minimizing impacts on surrounding properties
shall be incorporated into the plan prior to the issuance of
building permits, ensuring that the net ambient light level impact
on surrounding properties shall be the level that exits prior to
installation of lights. Glare shields shall be used for the
proposed lights. The lighting shall be adjusted as necessary after
installation to eliminate light spill and glare; visors to prevent
glare shall be adjusted based on direct observation from
residential viewpoints. Outdoor lighting of sports events shall be
turned off at 11:00 p.m.
I. Jobs/Housinq.
The EIR identifies a potentially significant impact on the supply
of affordable housing because project employees are expected to
generate a need for 691 units of affordable housing. No
substantial increase in permanent population will result from the
project.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measure set forth on page 5-58 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 5.9 of the EIR. In summary, the
various components of the project shall pay the appropriate
commercial development low-income housing mitigation fee as
mandated by City Resolution 90-130.
J. Enerqy Use.
The EIR identifies a potentially significant environmental impact
due to the Project's energy consumption. The project will result
in the daily consumption of 60,830 kWh of electrical power, 331,108
cubic feet of natural gas and 9,442 gallons of gasoline.
Changes or
into, the
significant
measure set
impacts to
finding is
potential i:
alternations have been required in, or incorporated
Project which avoid or substantially lessen the
impacts to a level of insignificance. The mitigation
forth on page 5-59 of the Draft EIR will mitigate
a level of insignificance. The rationale for this
Bet forth in Section 5.10 of the EIR. In summary,
tpacts on supplies of non-renewable energy resources
RESOLUTION NO. 94-127
will be reduced below the level of significance through adherence
to Title 24 of the California Code of Regulations, cooperation with
energy-conserving programs conducted by the utilities and
compliance with Transportation Demand Management measures. In
addition, energy consumption will be reduced through compliance
with other mitigation measures set forth in Section 5.5 (Traffic),
6.1.4 (Electricity) and 6.1.5 (Natural Gas) of the EIR.
K.Water.
The EIR identifies a potentially significant environmental impact
as a result of the Project's water consumption. The proposed
project will utilize an estimated 4,167.94 acre feet of water per
year for domestic and irrigation purposes; this figure might be
�educed by 2,593.43 acre feet if tertiary reclaimed water is used
to irrigate the golf course.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measure set forth on page 6-2 through 6-3 of the Draft EIR will
mitigate impacts to a level of insignificance. The rationale for
this finding is set forth in Section 6.1.1 of the EIR. In summary,
the project will be required to reduce its impact on groundwater
supply, which is in overdraft, by using reclaimed water and water
conserving appliances, fixtures and irrigation and landscaping
techniques. The applicant will also be required to pay the cost of
hooking up to existing CVWD infrastructure and installing an
estimated seven wells on the site in order to mitigate any impact
on CVWD facilities.
L. Wastewater.
The EIR identifies a potentially significant environmental impact
as a result of the Project's generation of wastewater. The project
will generate an estimated 460,930 gallons per day of effluent.
The project will utilize 17.6$ of the total available sewage
treatment plant capacity.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measure set forth on page 6-4 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.1.2 of the EIR. In summary,
the mitigation measures to reduce water consumption set forth in
Section 6.1.1 of the Draft EIR will reduce wastewater generation.
Additionally, the payment of fees to CVWD will mitigate impacts by
contributing to the cost of treatment facility expansion. Finally,
the applicant will pay for pipelines and a hookup to CVWD's
existing line on Country Club Drive.
10
RESOLUTION NO. 94-127
M. Solid Waste.
The EIR identifies a potentially significant environmental impact
as a result of the Project's generation of solid waste. The
project will generate approximately 2,335 tons of solid waste and
7,545 cubic yards of green waste per year, which represents a
potentially significant impact on the limited capacity of the Edom
Hill Landfill unless the waste stream is reduced through recycling.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 6-5 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.1.3 of the EIR. In summary,
adherence to the City's Ordinance 612 will result in sufficient
recycling of both solid and green waste to mitigate the project's
impacts. Further more, promoters of any tournament proposed on the
project site shall develop an operations recycling plan, acceptable
to the City's Recycling Coordinator, which calculates the waste to
be generated by the event and proposed waste reduction measures.
N.Electricity
The EIR identifies a potentially significant environmental impact
due to the Project's consumption of electrical energy. The project
will utilize an estimated 60,630 kWh of electrical power per day
and will require on-site electrical service improvements. Changes
or alternations have been required in, or incorporated into, the
Project which avoid or substantially lessen the significant impacts
to a level of insignificance. The mitigation measures set forth on
page 6-6 through 6-7 of the Draft EIR will mitiqate impacts to a
level of insignificance. The rationale for this finding is set
forth in Section 6.1.4 of the EIR. In summary, construction will
be required to comply with Title 24 of the California Code of
Regulations (State Building Efficiency 5tandards), which will
ensure that the project's energy use is not wasteful. Wherever
practical, electrical lines will be undergrounded as per City
policy. The applicant will pay the costs of on-site electrical
improvements on a fair share basis. Prior to issuance of occupancy
permits, the developer shall contact Southern California Edison
("SCE") and implement all reasonable energy conserving measures in
SCE programs. The developer shall submit written proof that this
has been done to the City.
O. Natural Gas.
The EIR identifies a potentially significant environmental impact
from the Project's consumption of natural gas. The proposed
project will utilize an estimated 331,108 cubic feet of natural gas
per day. Changes or alternations have been required in, or
incorporated into, the Project which avoid or substantially lessen
the significant impacts to a level of insignificance. The
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RESOLUTTON NO. 94-127
mitigation measures set forth on page 6-7 of the Draft EIR will
mitigate impacts to a level of insignificance. The rationale for
this finding is set forth in Section 6.1.5 of the EIR. In summary,
construction will be required to employ energy conservation
measures set forth in Title 24 of the California Code of
Regulations, which will reduce the project's use of natural gas
below the level of significance. Construction of infrastructure,
includinq pipelines and meters, will link proposed uses to existing
Sauthern California Gas Company (SCG) natural gas lines on Cook
Street and Country Club Drive. The applicant shall contact SCG to
obtain assistance in selecting effective energy conservation
techniques which shall be implemented prior to issuance of building
occupancy permits. The applicant shall contact SCG to obtain
assistance in selecting effective energy conservation techniques
which shall be implemented prior to issuance of building occupancy
permits. The applicant shall submit to the City written proof that
this has occurred. Finally, those mitigation measures set forth in
Section 6.1.4 (Electricity), regaining energy conservation in
construction shall also reduce natural gas consumption.
P. Law Enforcement.
The EIR identifies a potentially significant impact on law
enforcement. Project development will cause an increase in calls
for police services and in traffic, necessitating an annual meeting
between police and the City Manager to discuss police manpower
needs. Special events at the Sports Park and champfonship golf
course will create a need for additional law enforcement and
traffic control services and will require special permits.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 6-9 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.2.1 of the EIR. In summary, the
Palm Desert City Manaqer and Station Commander shall meet annually
to assess police manpower needs related to project development and
shall increase or adjust police services to address thoae needs.
Promoters of special events at the Sports Park or championship golf
course shall obtain a permit from the City (approved by the
Riverside County Sheriff's Department) based on an application
which details security needs and the mechanism for financinq them.
The developer of the Sports Park shall obtain police department
approval of a plan for control of the sale of alcoholic beveraqes,
including a design wi�ich confines alcohol consumption to a single
location.
Q. Fire.
The EIR identifies a potentially significant impact on fire
protection services. At buildout, the project will have
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RF.SOT.U7'ION NO, 94-127
approximately 1, 733,000 square feet of structures requiring fire
protection. Hotel and time-share visitors and employees may also
require emergency medical services. However, existing fire
stations are adeuate to serve the pro ject provided that the pro ject
complies with current Code requirements.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 6-10 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.2.2 of the EIR. In summary,
protection will be provided by adherence to the ordinance requiring
that all buildings above 3,000 square feet be sprinkled and by
provision of adequate fire flows. Fire flow requirements, based on
the standards of the National Fire Protection Association and/or
the Uniform Fire Code, shall be met for all structures.
R. Schools.
The EIR identifies a potentially significant impact on school
facilities. All affected schools in the Desert Sands Unified
School District are over capacity. The project will not include
permanent households which would generate students. However,
households created by project elated employment will add an
estimated 200 students to district enrollment.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 6-12 of the Draft EIR will mitigate
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.2.4 of the EIR. In summary, the
developer will be required to pay the maximum fee in effect at the
time of construction�to offset the impact of commercial/industrial
development on school facilities. State law prohibits additional
mitigation of impacts on school facilities, thus making further
mitigation infeasible.
S. Public Transportation.
The EIR identifies a potentially significant environmental impact
resulting from the need for on-site accommodation for mass transit
stops. Preliminary analysis shows a need for six bus
stops/turnouts, to be financed by the project developer, with the
location of these facilities to be determined as additional bus
routes are developed in the area.
Changes or alternations have been required in, or incorporated
into, the Project which avoid or substantially lessen the
significant impacts to a level of insignificance. The mitigation
measures set forth on page 6-13 of the Draft EIR will mitigate
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RESOLUTiON NO. 94-127
impacts to a level of insignificance. The rationale for this
finding is set forth in Section 6.2.6 of the EIR. In summary,
prior to tentative map approval for any phase of the project, the
City shall require construction of, or guaranteed financing of, the
proposed bus stoplturnout facilities to be located in that phase,
with all facilities being constructed per SunLine Transit standards
within 5 years of all phases of the project being completely
constructed.
Section 5. The agency finds that the EIR describes a
reasonable range of alternatives to the proposed Project. Although
the Agency has determined that each significant environmental
impact identified in the EIR has been mitigated to a level of
insignificance, the Agency has nevertheless also rejected these
alternatives as infeasible for economic, social or other
considerations or because such alternatives are not more
environmentally protective than the Project, as summarized below.
A. No Project Alternative. The "No-Project" alternative
would involve no development at the Project site. The Agency finds
that this alternative is infeasible because it would not provide
the City with develqpment in accordance with the City's General
Plan and in furtherance of the Agency's objective to elfminate
blight within the Redevelopment Project Area No. 2. In addition,
the no project alternative is infeasible because it would deprive
the landowners in the area of all reasonable return on the
landownez's property. Finally, because the Project site would
remain vacant, the Project would fail to fulfill any of the basic
ob jectives for the Pro ject which are listed on page 4-1 of the EIR.
B. Alternative Nos . 2 and 3- Reduced Intensity. The
reduced intensity alternatives would involve less extensive
development of the Project site. Although these alternatives would
fulfill the goals of the Project to some extent, fewer jobs would
be created, and a"championship-type" golf course would not be
created. Therefore, the Agency finds that these alternatives are
infeasible for social and economic reasons because they would not
adequately fulfill several of the basic objectives of the Project.
C. Alternative No. 4- Existinq General Plan and Zoning.
Alternative No.4 would not be environmentally superior to the
Project because it would result in more intense development thereby
creating more significant environmental impacts that the Project in
many areas.
D. Alternative No. 5- Alternative Site. The only
alternative site that is available for development and on which the
Project could be feasibly located is not environmentally superior
to the Project. Although most impacts caused by this Alternative
would be similar to the Pro ject, the biologic impacts caused by the
Alternative would be substantially greater becauae the alternative
site received suffiCient blow sand to maintain a viable Desert
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RESOi.UTiON NO. 94-127
Sands Fields habitat in the long term.
Section 6. Although the EIR identifies no significant
unavoidable environmental impacts that are associated with the
adoption and implementation of the Project, the Agency finds that
even if the proposed mitigation measures set forth in the EIR were
determined to be insufficient to lessen each impact to a level of
insignificance, the social economic and other benefits of the
Project outweigh any unavoidable adverse impacts. Due to such
overriding benefits and considerations, the City finds that any
unavoidable adverse environmental impacts of the Project are
acceptable. This determination shall constitute a statement of
overriding considerations within the meaning of the CEQA and is
based on the following benefits identified in the EIR and the
record of proceedings for the Project.
A. The Project will result in the provision of substantial
amenities to the City, including a championship golf course and a
conference center.
B. The development of the Project site will contribute to the
elimination of blight within the Redevelopment Project Area No. 2.
C. The Project will result in the creation of emplayment
opportunities within the City.
D. The Project will result in increased revenues to the City,
including sales tax revenues generated by the golf courses and
accompanying pro shop and the retail uses planned for the site. In
addition, the hotel uses and associated ancillary facilities such
as hotel restaurants and gift shops will generate transient
occupancy tax revenues and sales tax revenues.
15