HomeMy WebLinkAboutCity Council Resolution No 201983CITY COUNCIL RESOLUTION NO. 2019-8 s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH
# 2019011044) FOR THE DSRT SURF PROJECT; ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, the DSRT SURF Project ("DSRT SURF" or "Proposed Project") proposes
the development of a 5.5-acre surf lagoon and surf center facilities to include restaurant, bar,
retail, up to 350 hotel rooms and up to 88 residential villas on 17.69 acres of vacant land
within the Desert Willow Golf Resort, Including a Specific Plan, Precise Plan, Tentative Tract
Map and Development Agreement; and
WHEREAS, pursuant to section 21067 of the California Environmental Quality Act
(Pub. Res. Code §§ 21000 et seq.) ("CEQA"), and section 15367 of the State CEQA
Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Palm Desert ("City") is the
Lead Agency for the Proposed Project; and
WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the Lead Agency
determined that an Environmental Impact Report ("EIR") should be prepared in order to
analyze all potential adverse environmental impacts of the Proposed Project; and
WHEREAS, the City issued a Notice of Preparation ("NOP") of a Draft EIR for DSRT
SURF on or about January 17, 2019, and it was transmitted to the State Clearinghouse, local
and regional agencies, and posted at the Riverside County Clerk's office for a 30-day
comment period; and
WHEREAS, in the NOP, comments and participation were sought from the public and
all interested and affected groups and agencies; and
WHEREAS, on or about May 21, 2019, the City initiated a 45-day public review and
comment period of the Draft EIR for the Proposed Project and released the Draft EIR for
public review and comment; and
WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted
with and requested comments from all responsible and trustee agencies, other regulatory
agencies, and other interested parties during the 45-day public review and comment period;
and
WHEREAS, the City received one comment letter from a State agency, one from the
regional air quality management district, one from a County of Riverside agency, one from a
non-profit organization and one from an individual during the 45-day public review and
comment period; and
WHEREAS, the City has prepared a Final EIR, consisting of the comments received
during the public review and comment period on the Draft EIR, written responses to those
comments, and revisions to the Draft EIR. For the purposes of this Resolution, the "EIR" shall
RESOLUTION NO. 2019-83
refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final
EIR; and
WHEREAS, on November 14, 2019, the City Council held a public hearing on the ""'
Project, at which all persons wishing to testify were heard; and
WHEREAS, the environmental impacts identified in the EIR that the Lead Agency
finds are of no impact or constitute a less than significant impact and do not require mitigation
are described in Section 3 and Section 4 hereof; and
WHEREAS, the environmental impacts identified in the EIR as potentially significant
but which the Lead Agency finds can be mitigated to a less than significant level through the
incorporation of feasible Mitigation Measures identified in the EIR and set forth herein, are
described in Section 5 hereof; and
WHEREAS, the environmental impacts identified in the EIR as potentially significant
but which the Lead Agency finds cannot be mitigated to a less than significant level, despite
the imposition of feasible Mitigation Measures identified in the EIR and set forth herein, are
described in Section 6 hereof; and
WHEREAS, the cumulative impacts of the Proposed Project identified in the EIR and
set forth herein, are described in Section 7 hereof; and
WHEREAS, the significant and irreversible environmental changes that would result .im
from the Proposed Project, but which would be largely mitigated, and which are identified in
the EIR and set forth herein, are described in Section 8 hereof; and %Ww
WHEREAS, the existence of any growth -inducing impacts resulting from the Proposed
Project identified in the EIR and set forth herein, are described in Section 9 hereof; and
WHEREAS, alternatives to the Proposed Project that might eliminate or reduce
significant environmental impacts are described in Section 10 hereof; and
WHEREAS, the Mitigation Monitoring and Reporting Program setting forth the
mitigation measures to which the Lead Agency shall bind itself in connection with the
Proposed Project, is attached hereto as Exhibit "A"; and
WHEREAS, prior to taking action, the Lead Agency has heard, been presented with,
reviewed and considered all of the information and data in the administrative record, including
the EIR, and all oral and written evidence presented to it during all meetings; and
WHEREAS, the EIR reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Proposed Project;
and
WHEREAS, the Lead Agency has not received any comments or additional
information that constituted substantial new information requiring recirculation under Public ...
Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and
RESOLUTION NO. 2019-83
WHEREAS, all the requirements of CEQA, and the State CEQA Guidelines, have
been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially
significant environmental effects of the Proposed Project have been adequately evaluated;
and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: RECITALS
The recitals above are true and correct and are incorporated into this Resolution by
reference as findings of fact.
SECTION 2: SUMMARY OF FINDINGS
Based on all of the evidence presented and the entirety of the administrative record,
including but not limited to the EIR, written and oral testimony given at public hearings, and
the submission of testimony from the public, organizations and regulatory agencies, the
following environmental impacts associated with the Project are either: (1) less than
significant and do not require mitigation; or (2) potentially significant but will be avoided or
reduced to a level of insignificance through the identified Mitigation Measures; or (3)
significant and cannot be fully mitigated to a level of less than significant but will be lessened
to the extent feasible by the identified Mitigation Measures.
SECTION 3: FINDINGS REGARDING NO IMPACT DETERMINATIONS IN THE INITIAL
STUDY/NOTICE OF PREPARATION.
The City prepared an Initial Study/Notice of Preparation for the Project and circulated
it for public comment from January 22, 2019 to February 20, 2019. State CEQA Guidelines
section 15091 does not require specific findings to address environmental effects that an EIR
identifies as "no impact'. Nevertheless, the City Council hereby finds that the Project would
have no impact or on the following resource areas:
A. AGRICULTURE AND FORESTRY RESOURCES
Thresholds:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as defined by Public Resources Code
section 4526), or timberland zoned Timberland Production (as defined by Government
RESOLUTION NO. 2019-83
Code section 51104(g))?
so"
d) Result in the loss of forest land or conversion of forest land to non -forest use?
6.0
e) Involve other changes in the existing environment which, due to their location or
nature, could result in conversion of Farmland, to non-agricultural use or conversion
of forest land to non -forest use?
Finding. No Impact (IS/NOP page 19-20)
Explanation:
The Initial Study determined that the Project would result in "No Impact' to agriculture or
forestry resources within the immediate project vicinity because no agricultural or forestry
lands occur in the City.
B. BIOLOGICAL RESOURCES
Thresholds:
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the California
Department of Fish and Wildlife or US Fish and Wildlife Service.
...
c) Have a substantial adverse effect on State or federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites.
e) Conflict with any local policies or ordinances protecting biological resources, such
as a tree preservation policy or ordinance.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan.
Finding: No Impact (IS/NOP page 21-24)
Explanation:
The Project site does not contain any streams, riparian habitat, marshes, protected wetlands,
vernal pools or sensitive natural communities protected by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service.
The subject property is an isolated piece of land located within an urban area and surrounded
by golf courses, landscaping, residential and commercial developments, and roadways. Due
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RESOLUTION NO. 2019-83
to surrounding human activity over many years, the site does not contain features that are
suitable for a migratory wildlife corridor.
The site is not within or adjacent to a CVMSHCP-designated Conservation Area, has been
disturbed, and no CVMSHCP-covered species were found on the property. The
implementation of the proposed Project would not conflict with the provisions of an adopted
habitat conservation plan, natural community conservation plan, or other related plans.
C. GEOLOGY AND SOILS
Thresholds:
The following significance criteria were not discussed further in the EIR because the Initial
Study/Notice of Preparation determined there would be no environmental impacts as a result
of the proposed Project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? Refer to Division of Mines
and Geology Special Publication 42.
iv) Landslides?
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available for the
disposal of waste water?
Finding: No Impact (IS/NOP page 32-35)
Explanation:
The subject property is not located within or adjacent to an Alquist-Priolo Earthquake Fault
Zone. The nearest earthquake fault is the Banning fault of the San Andreas Fault Zone,
approximately six miles northeast of the site.
The Project site is on the sand ridge portion of the valley floor, which consists of and is
surrounded by gently sloping land and relatively flat terrain. The nearest hillsides and
mountainous slopes are approximately 3.40 miles southwest of the property. Therefore, no
impacts associated with landslides would occur.
The Project site is located in an area served by existing sewerage infrastructure, including
lines serving the development site. The CVWD Cook Street plant will receive and treat
sewage discharged into its collection system. The Project would not require the use of septic
tanks or alternative wastewater disposal systems.
D. HAZARDS AND HAZARDOUS MATERIALS
RESOLUTION NO. 2019-83
Thresholds: dMM
The following significance criteria were not discussed further in the EIR because the Initial &u+
Study/Notice of Preparation determined there would be no environmental impacts as a result
of the proposed Project:
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one -quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962,5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not
been adopted, within two miles of a public airport or public use airport, would the
project result in a safety hazard or excessive noise for people residing or working in
the project area?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
Finding: No Impact (IS/NOP page 37-39)
Explanation:
There is no school located within 1/o mile of the Project site. James Earl Carter Elementary %kM
School is the nearest public elementary school and is located approximately 1.10 miles south
of the proposed site.
The Project site is partially developed with an existing parking lot. There are no hazardous
materials or waste sites located on or near the Project site. In addition, the proposed site is
not included on a list compiled pursuant to Government Code Section 65962.5.
The Bermuda Dunes Airport (UDD) is located approximately 4.8 miles east of the subject
property. The Project planning area is located well outside the airport planning boundary and
operational and navigational hazard area. Therefore, the proposed Project would not result
in a safety hazard or excessive noise for people residing or working at the Project site.
The Project site is located in the City's urban core, and is not located in a wildland fire hazard
zone and is not susceptible to wildfires. Therefore, the Project would not subject people or
structures to a significant risk of loss, injury, or death as a result of exposure to wildland fires.
E. LAND USE AND PLANNING
Threshold:
RESOLUTION NO. 2019-83
The following significance criteria were not discussed further in the EIR because the Initial
Study/Notice of Preparation determined there would be no environmental impacts as a result
of the proposed Project:
a) Would the Project physically divide an established community?
Finding: No Impact (IS/NOP page 44-45)
Explanation:
The subject property is currently partially developed with an existing surface parking lot and
is located within the Desert Willow Golf Course. The Desert Willow Firecliff Course and
Mountain View Course, will not be affected by the proposed Project. The surrounding
established communities are physically separate from and operate independently of the
proposed Project. The proposed Project will not be physically divided any community.
F. MINERAL RESOURCES
Thresholds:
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
Findin : No Impact (IS/NOP page 46)
Explanation:
The Project site occurs in an urban setting and is not designated for mineral resource
extraction so it would not result in the loss of availability of a mineral resource or a mineral
resource recovery site.
G. NOISE
The following significance criteria were not discussed further in the EIR because the Initial
Study/Notice of Preparation determined there would be no environmental impacts as a result
of the proposed Project:
c) For a project located within the vicinity of a private airstrip or an airport land use plan
or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or working in the project
area to excessive noise levels?
Finding: No Impact (IS/NOP page 47-48)
Explanation:
RESOLUTION NO. 2019-83
The Project site is located approximately five miles west of the Bermuda Dunes Airport (UDD)
and is well outside existing and modeled future airport noise contours. am*
H. POPULATION AND HOUSING
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The following significance criteria were not discussed further in the EIR because the Initial
Study/Notice of Preparation determined there would be no environmental impacts as a result
of the proposed Project:
b) Displace substantial numbers of existing people or housing, necessitating the
construction of replacement housing elsewhere?
Finding: No Impact (IS/NOP page 49-50)
Explanation:
The subject property is largely vacant, with the exception of a portion of the clubhouse parking
lot, and the proposed Project would not displace any existing housing. The development of
the Project would also not cause the displacement of any persons or require the construction
of housing elsewhere.
I. RECREATION ,.,.
Thresholds:
a) Would the Project increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated?
b) Does the Project include recreational facilities or require the construction or expansion
of recreational facilities which might have an adverse physical effect on the
environment?
Finding: No Impact (IS/NOP page 54)
Explanation:
The primary Project uses that might generate a demand for City recreation facilities would be
residents associated with the proposed 88 villa residences. To a lesser degree hotel and surf
park guests may also make use of some City recreational facilities. The proposed villas could
generate an estimated permanent population of 190 residents, depending on how they are
sold and occupied. The proposed villas and the hotel(s) will include their own onsite
recreational amenities including swimming pools, gymnasium and event spaces. Hotel guests
can be expected to utilize onsite recreational amenities as well as local and regional
recreational facilities. In the overall, and in light of the planned on -site recreational facilities
associated with the proposed Project, it will not induce substantial population growth that
would result in significant impacts to existing neighborhood and regional parks or other `""
RESOLUTION NO. 2019-83
recreational facilities.
J. WILDFIRES
Thresholds:
a) Substantially impair an adopted emergency response plan or emergency evacuation
plan?
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and
thereby expose project occupants to, pollutant concentrations from a wildfire or the
uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads,
fuel breaks, emergency water sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff, post -fire slope instability, or drainage
changes?
Finding: No Impact (IS/NOP page 65-63)
Explanation:
The primary emergency evacuation routes in the City include 1-10, Highway 111, Monterey
Avenue, Portola Avenue, Cook Street, and Washington Street. Development on the subject
property would not substantially impair the City's adopted emergency response plan or Palm
Deserts' emergency evacuation plan as the project is not proposing to amend these routes
to impede the emergency evacuation.
The project site is not located within a wildfire hazard severity zone nor a wildland-urban
interface (WUI). The project is located in the urban core of the City, and miles from an area
of wildland fire potential.
The implementation of the proposed Project would not expose people or structures to
significant risks such as downslope or downstream flooding or landslides, post -fire slope
instability, or drainage changes because the site is in the City's urban core, and miles from
surrounding mountain slopes.
RESOLUTION NO. 2019-83
SECTION 4: FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS NOT
REQUIRING MITIGATION. owft
Consistent with Public Resources Code Section 21002.1 and Section 15128 of the '""
State CEQA Guidelines, the EIR focused its analysis on potentially significant impacts, and
limited discussion of other impacts for which it can be seen with certainty there is no potential
for significant adverse environmental impacts. State CEQA Guidelines section 15091 does
not require specific findings to address environmental effects that an EIR identifies as "no
impact" or a "less than significant' impact. Nevertheless, the City Council hereby finds that
the Project would have either no impact or a less than significant impact on the following
resource areas.
A. AESTHETICS
1. Scenic Vistas
Threshold:
a) Would the Project have a substantial adverse effect on a scenic vista?
Finding: Less than significant impact. (EIR, p. 2.2-4 through 2.2-20)
Explanation:
...
Surf Lagoon and Surf Center
Construction of the Surf Lagoon and Surf Center will require the use of heavy equipment "No
which has the potential to impact views from surrounding uses, including the golf course,
Westin Desert Willow, and residents of the Montecito and Retreat developments.
Construction impacts will be limited by distance, grade, and occur only while construction is
active. These limited view impacts will stop when construction is complete and are therefore
less than significant.
Building heights within the Surf Center complex will be limited to a maximum of 2 stories with
the tallest building at 42t feet, although the Specific Plan allows a maximum height of 50 feet
for the surf center. These building heights are consistent with the Desert Willow Golf Course
Clubhouse to the north, and other nearby resort development, including the two- to four-story
Westin Desert Willow villas to the immediate west and southwest.
In general, the site plan preserves the most prominent scenic views of the Santa Rosa
Mountains to the south. Most of the golf course lies further north, east, and south of the
Project, and the Project will have no impact on mountain views from those locations, and
therefore no impact on views from most of the golf course. The proposed building sizes are
relatively small in the context of the golf course fairways, and views through the site, between
the surf center and equipment buildings, will be generally unaffected, as the lagoon will be
low-lying. Overall, impacts will be limited by distance and grade, which reduces the potential
impacts to scenic vistas to less than significant levels.
Hotels and Villas
Construction of the hotel(s) and villas will require the use of heavy equipment which has the
potential to impact views from surrounding uses. Short term views from the golf course areas
H
..M
RESOLUTION NO. 2019-83
located immediately north and south may be impacted by heavy equipment and construction
activities. However, as golf course viewers move through the area, they will be impacted for
short periods and will move on to other areas of the course. Construction of the hotel and villa
buildings will occur in close proximity to the Westin Desert Willow on its eastern boundary.
The Westin's guests immediately adjacent to the Project site, and in third or fourth story units,
will view the construction activities to the east. Buildings planned adjacent to these existing
units will be one- and two-story spa and villas, with the hotel buildings occurring beyond. The
Westin guests will experience obstruction of low range views to the east, but will still see
views of the mountain peaks above. These limited view impacts will stop when construction
is complete, and are therefore less than significant.
The Project Specific Plan allows the hotel building(s) to have a maximum height of 50 feet
and are envisioned as 3- and 4-story buildings, and the villas are envisioned as 2-story units.
These heights are consistent with the proposed surf center, Desert Willow Golf Course
clubhouse to the north, and Westin Desert Willow villas to the west. Views to the north, of the
San Bernardino Mountains, will be reduced as regards the foothills, but the peaks and the
extent of the range will still be visible above the hotel and villa buildings Similar to the Surf
Lagoon and Surf Center, overall impacts will be limited by distance and grade, which reduces
the potential impacts to scenic vistas to less than significant levels.
Off -site Improvements
Construction of off -site improvements will be temporary, and impacts are expected to be less
than significant.
Stormwater Management: Stormwater management infrastructure will be underground and
will have no impact on a scenic vista.
Pool/Lagoon Discharge: Pool/lagoon discharge infrastructure will be underground and will
have no impact on a scenic vista.
Golf Course Turf Reduction: Removal of golf course turf and installation of desert landscaping
materials will have a less than significant impact on scenic vistas. New vegetation will be
similar in height, scale, and density to existing golf course landscaping and will not block
views of the mountains.
Landscaping Improvements: Desert landscaping along the edge of the Project site will have
a less than significant impact on scenic vistas. Vegetation will be similar in height, scale, and
density to existing landscaping in the Project area and will not block views of the mountains.
Overflow Parking: The overflow parking lot will be paved and improved to City standards.
New lighting fixtures and trees will be evenly spaced throughout the site and will not block
views of the mountains. Impacts will be less than significant.
2. Scenic Resources
Threshold:
b) Would the Project substantially damage scenic resources, including, but not limited to,
trees, rock outcroppings, and historic buildings within a state scenic highway?
RESOLUTION NO. 2019-83
Finding: No impact. (EIR, pp. 2.2-20 and 2.2-21) "'
Explanation: The Project site is not located adjacent to a state scenic highway and does not b"a
contain scenic resources. There will be no impact resulting from development of the surf
lagoon and surf center, the hotels and villas, or off -site improvements.
3. Existing Visual Character
Threshold:
c) In non -urbanized areas, would the Project substantially degrade the existing visual
character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible vantage point). If the project is in
an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
Finding: No impact. (EIR, pp. 2.2-21 and 2.2-25)
Explanation:
Surf Lagoon and Surf Center
The development of the lagoon and surf center would have short-term impacts on the visual
character of the site due to the presence of heavy equipment and related construction ..,
activities. However, the views from the surrounding golf course of construction equipment will
end once construction is complete, and will not permanently impact scenic quality. Impacts use
will be less than significant.
The Project is consistent with the visual character and scenic quality of the area, which is
characterized by resort development, native and drought -tolerant landscaping, and
architectural themes, materials, and colors that complement the desert environment. It will
not conflict with City policies preserving signature view corridors or scenic roadways. Visual
impacts are reduced via site planning, grade differences, and relative distances from
surrounding land uses. Impacts to visual character and public views will be less than
significant.
Hotels and Villas
The development of the hotel and villas components of the Project would have short-term
impacts on the visual character of the site due to the presence of heavy equipment and related
construction activities. The views from the surrounding golf course of construction equipment
will end once construction is complete, and will not permanently impact scenic quality.
Impacts will be less than significant.
The hotel and villas portion of the Project will be subject to the Specific Plan regulations, and
the City's Municipal Code. It will be consistent with the prevailing desert-themed architectural
styles of other hotel and resort development in the region. The hotel and villas will not conflict
with applicable zoning or other regulations governing scenic quality, including those aimed at
preserving view corridors, scenic roadways, and night skies. Impacts will be less than
significant.
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RESOLUTION NO. 2019-83
Off -site Improvements
The construction of the off -site infrastructure for the Project would have short-term impacts
on the visual character of portions of the golf course due to the presence of heavy equipment,
trenching and similar activities. The views from the surrounding golf course of construction
equipment will end once infrastructure facilities are complete, and will not permanently impact
scenic quality. Impacts will be less than significant.
Stormwater Management: Stormwater infrastructure will be buried underground and will have
no impact on visual character or regulations governing scenic quality.
Pool/Lagoon Discharge: Pool/lagoon discharge infrastructure will be buried underground and
will have no impact on visual character or regulations governing scenic quality.
Golf Course Turf Reduction: The replacement of golf course turf with desert landscaping will
have no impact on visual character or regulations governing scenic quality.
Landscaping Improvements: Installation of desert landscaping along the edge of the Project
site will be consistent with and a continuation of existing desert landscaping in the Project
area. No impact will occur.
Overflow Parking: The overflow parking lot has already been disturbed by vehicle use and is
consistent with existing parking lots to the south and southeast. Paving and improvement of
the lot will have no impact on visual character or regulations governing scenic quality.
B. AIR QUALITY
1. Conflict with Air Quality Plan
Threshold -
a) Would the Project conflict with or obstruct implementation of the applicable air quality
plan?
Finding: No impact. (EIR, pp. 2.3-12 and -13)
Explanation: Under CEQA, a significant air quality impact could occur if the Project is not
consistent with the applicable Air Quality Management Plan (AQMP) or would obstruct the
implementation of the policies or hinder reaching the goals of that plan. The 2016 AQMP is
based in part on the land use plans of local jurisdictions, including the City of Palm Desert's
General Plan. The proposed Project site is designated as Resort and Entertainment District
on the City's General Plan Land Use Map and the proposed Project is consistent with the
land use designation. Therefore, it is expected that the proposed Project (including the surf
lagoon and surf center, hotel and villas, and off -site improvements) will result in emissions
consistent with those anticipated in the 2016 AQMP. The proposed Project would be
implemented in accordance with all applicable air quality management plans to ensure
impacts to air quality are reduced to the greatest extent possible. The proposed Project is
consistent with the assumptions underlying the AQMP and will not conflict with or obstruct
implementation of the applicable air quality plan. No impact is anticipated.
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RESOLUTION NO. 2019-83
2. Expose Sensitive Receptors to Substantial Pollutant Concentrations
Threshold:
%_0
d) Would the Project expose sensitive receptors to substantial pollutant concentrations?
Finding: Less than significant impact. (EIR, p. 2.3-19)
Explanation: The nearest sensitive receptors to the proposed Project are resort residences
approximately 150 feet to the west, in the Westin Desert Willow villas project.
Results of the Localized Significance Threshold (LST) analysis conclude that thresholds are
not expected to be exceeded for any criteria pollutant during construction of the Surf Lagoon
and Surf Center, the Hotel and Villas, or off -site improvements (EIR Table 2.3-8, page 2.3-
19). Because the proposed land uses do not include major stationary polluters (such as a
landfill, chemical plant, oil field, refineries etc.), LST analysis was not conducted or required
for Project operation. Therefore, impacts to sensitive receptors will be less than significant.
3. Objectionable Odors
Threshold:
e) Would the Project result in other emissions (such as those leading to odors) adversely
affecting a substantial number of people?
Finding: Less than significant impact. (EIR, pp. 2.3-20) f,ft
Explanation: The proposed Project has the potential to result in short-term odors associated
with operation of heavy equipment during construction, however construction -related odors
would be temporary and quickly dispersed below detectable levels as distance from the
construction area increases. During Project operation, odors may be emitted from onsite
restaurants and food service facilities; however, all facilities would be equipped with proper
ventilation systems to effectively remove grease, smoke, and other odors. Impacts associated
with odors will be less than significant. The Project (including the Surf Center and Surf
Lagoon, Hotel and Villas, and off -site improvements) is not expected to result in odor
emissions adversely affecting a substantial number of people.
C. CULTURAL AND TRIBAL RESOURCES
1. Historical Resources
Threshold:
a) Would the Project cause a substantial adverse change in the significance of a
historical resource as defined in § 15064.5?
Finding: No impact. (EIR, p. 2.5-12 and -13)
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RESOLUTION NO. 2019-83
Explanation: As described in Section 2.5.5 of the EIR, the subject property once contained
two "jackrabbit homestead" structures built between 1952 and 1960; however, they were not
formally recorded as historic structures, and no remnants of them were found during the 2018
cultural resources field survey. No other historical structures exist onsite, and the site is not
designated as a local historic landmark or property. Development of the surf lagoon and surf
center, hotels and villas, and off -site improvements will have no impact on historic resources.
2. Tribal Cultural Resources
a) Would the Project cause a substantial adverse change in the significance of a tribal
cultural resource, defined in Public Resources Code Section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size
and scope of the landscape, sacred place, or object with cultural value to a California
Native American Tribe, and that is listed or eligible for listing in the California Register
of Historical Resources, or in a local register of historical resources as defined in Public
Resources Code section 5020.1(k)?
Finding: No Impact (EIR, p. 2.5-15 and -16)
Explanation: The proposed Project (including the surf lagoon and surf center, hotels and
villas, and off -site improvements) will not impact a tribal historic resource that is eligible for
listing in the California Register of Historical Resources or in a local register of historical
resources because none occur onsite. As explained in Section 2.5.6.a of the EIR, the site -
specific cultural resources survey determined that the Project site contains no historical
resources. The proposed Project area is not identified by the City of Palm Desert as a historic
site or landmark. No impact will occur.
D. ENERGY
1. Energy Consumption
Threshold:
a) Would the Project result in potentially significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy resources, during project
construction or operation?
Finding: Less than significant (EIR, p. 2.6-10 through -15)
Explanation: During Project construction, energy would be consumed in petroleum -based
fuels for equipment, electricity associated with water conveyance and site lighting, and energy
used in the production of construction materials. Overall, construction impacts associated
with the surf lagoon, surf center, hotels, villas, and off -site improvements would be temporary,
minimal and would not be wasteful or inefficient.
During operation of the Project, energy would be consumed for heating/ventilating/air
conditioning (HVAC), refrigeration, lighting, electronics, office equipment, residential and
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RESOLUTION NO. 2019-83
commercial machinery (including kitchen appliances), and swimming pool operations,
including wave generation at the surf lagoon. Energy would also be consumed for water
pumping, solid waste disposal, and vehicle trips.
r..
Surf Lagoon, Surf Center, Hotels and Villas
Operation of these land uses would consume approximately 21,711,725 kWh per year of
electricity, and 331,811 therms per year of natural gas, which represents a 2.87 percent
increase in annual City-wide kWh usage and 1.89 percent increase in annual City-wide therm
usage. The Project proposes the installation of solar panels onsite which could generate an
estimated 1,700,000 kWh per year. Operation of the solar panels will offset the Project's
electrical demand, thereby reducing it to approximately 20,011,725 kWh per year, which
represents approximately 2.64 percent of the City's total annual electricity demand.
Adherence to California Building Code and Energy Code standards will ensure the most
energy efficient technologies and practices are used for the development and operation of
the Project. The Project will not result in wasteful, inefficient, or unnecessary consumption of
electricity or natural gas energy resources during project operation. Impacts are less than
significant.
With regard to transportation energy, the Project would result in the consumption of
petroleum -based fuels related to vehicular travel to and from the Project site. The Project
could potentially generate 12,213,217 VMTs. This represents a 2.4 percent increase in City-
wide VMTs. It should be noted that VMTs are regional in nature, and that not all Project VMTs
will occur solely within the City's boundaries. The EPA and CARB continue to require
increased vehicle fuel efficiency standards to reduce vehicle emissions. Increased fuel
efficiency also means that less fuel energy is required per mile traveled. Although the Project
will result in a direct increase in VMTs, the Project will not interfere with increased fuel
efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of
transportation energy resources during operation. Impacts are less than significant.
Off -site Improvements
Offsite improvements are limited to utility infrastructure expansions, offsite parking, and
landscaping improvements. Such improvements will not generate an operational demand for
electricity, natural gas, or transportation energy, and will therefore have no impact on energy
supplies.
2. Energy Efficiency Compliance
Threshold:
b) Will the Project conflict with or obstruct a state or local plan for renewable energy or
energy efficiency?
Finding: No impact (EIR, p. 2.6-15)
Explanation: All aspects of the Project (including the surf lagoon, surf center, hotels, villas,
and off -site improvements) would be designed, built and operated in accordance with all `'"'
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RESOLUTION NO. 2019-83
existing, applicable regulations that would serve to reduce the energy demand of the Project
and avoid conflict with any applicable energy standards, including energy conservation
standards. Such regulations and standards include the 2016 Building Code, California Green
Building Code, and 2019 Energy Code to ensure the most efficient construction/building
technologies are used, which will benefit overall building operations. Adherence to the
applicable state standards enforced by the City will ensure the project is consistent with
current energy standards and conservation goals. Therefore, no impact related to compliance
with applicable energy standards would result.
E. GEOLOGY AND SOILS
1. Expansive Soils
Threshold:
d) Would the Project be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial direct or indirect risks to life or
property?
Finding: Less than significant (EIR, p. 2.7-20 and -21)
Explanation: The site -specific geotechnical report determined that onsite soils consist of silty
sand which has a very low expansion potential; therefore, Project impacts (including the surf
lagoon, surf center, hotels, villas, and off -site improvements) would be less than significant.
F. HAZARDS AND HAZARDOUS MATERIALS
Threshold:
a) Would the Project create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials?
b) Would the Project create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of
hazardous materials into the environment?
Finding: Less than significant (EIR, p. 2.9-9 through -11)
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas
Construction of the surf lagoon, surf center, hotel and villas would involve the temporary use
of potentially hazardous materials, including vehicle fuels, paints, oils, and transmission
fluids. However, all potentially hazardous materials would be contained, stored, and used in
accordance with the manufacturers' instructions and handled in compliance with applicable
federal, State, and local regulations. Any associated risk would be adequately reduced to a
less than significant level through compliance with these standards and regulations.
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RESOLUTION NO. 2019-83
Operation would involve use of limited quantities of hazardous materials such as cleaning
and degreasing solvents, fertilizers, pesticides, and similar materials. The surf lagoon would one
use basic cleaning equipment and chemicals to maintain the pH levels for surfers. These
chemicals will be transported and stored within the project site. These will occur in limited ..r
quantities and will not require a hazardous material handling/storage permit. The manner in
which commercial chemicals are stored and handled is highly regulated by the Fire
Department, County and State. These standard requirements will assure that impacts
associated with commercial quantities of chemicals will be less than significant.
Off -Site Improvements
The proposed off -site improvements are limited to underground utility extensions, stormwater
management, landscaping, and parking. These activities and land uses will not require the
routine transport, use, or disposal of hazardous materials. This portion of the Project will not
create a significant hazard to the public or environment. There will be no impacts.
G. HYDROLOGY AND WATER QUALITY
Threshold:
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundation?
Finding: Less than significant (EIR, p. 2.10-31 and -32)
Explanation:
Surf Lagoon, Surf Center, Hotel, Villas, and Off -site Improvements
The Project site is not located close to a large body of water, tidal or otherwise, that could
result in inundation by seiche or tsunami. The proposed Project site is not in a flood hazard
or tsunami inundation zone and would not be subject to inundation by a flood or tsunami.
The surf lagoon would be a reinforced concrete structure designed to contain any seismically -
induced oscillations within the lagoon without any structural damage to result in spill over or
release of pollutants. Less than significant impact is anticipated.
H. LAND USE AND PLANNING
Threshold:
b) Would the Project cause a significant environmental impact due to a conflict with any
land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating
an environmental effect?
Finding: Less than significant (EIR, p. 2.11-11 through -23)
Explanation:
Surf Lagoon and Surf Center
All lands adjacent to the site are currently designated as Resort and Entertainment and
developed as golf course except the Westin Desert Willow Villas to the southwest of the site. two
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RESOLUTION NO. 2019-83
The Surf Lagoon and Surf Center are proposing a mix of entertainment, recreation and
commercial uses consistent with those described in the General Plan, including the surf
lagoon, pools, recreational activities, restaurants, bars, and event space for live music and
other entertainment activities. The Project site is appropriate for mixed used development of
the type proposed. Therefore, the proposed plans for the Surf Lagoon and Surf Center are
consistent with the City's General Plan.
The design, and development standards of the proposed Surf Lagoon Planning Area will be
regulated through the Specific Plan and a Precise Plan based on City Municipal Code Section
25.72.030 (Precise Plan). The Surf Lagoon Planning Area was designed in accordance with
the proposed Specific Plan and is therefore consistent with the Municipal Code and zoning
standards. A Precise Plan further defines and implements the goals and objectives of the
Specific Plan by providing specific designs and plans that ultimately regulate the construction
of the Project.
The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the
implementation of the proposed Project would not conflict with the provisions of an adopted
habitat conservation plan, natural community conservation plan, or other related plans
designed to avoid an environmental impact.
Hotels and Villas
The Project proposes resort residential development comparable to that permitted elsewhere
within the Desert Willow development. The proposed hotel(s) will also be consistent with the
other hotels in the surrounding area, and is consistent with the hotels proposed for Planning
Area 10 of the North Sphere Specific Plan, which established the Desert Willow project.
Therefore, the proposed land use plans for the Hotels and Villas are consistent with the City's
General Plan.
The design, and development standards of the proposed Hotels and Villas Planning Area will
be regulated through the Specific Plan. A Precise Plan for the Hotels and Villas Planning area
shall be submitted to the City for review per City Municipal Code Section 25.72.030. The City
shall review the Precise Plan for consistency with the Specific Plan to ensure the Hotels and
Villas Planning area development is consistent with the Municipal Code and zoning
standards.
The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the
implementation of the proposed Project would not conflict with the provisions of an adopted
habitat conservation plan, natural community conservation plan, or other related plans
designed to avoid an environmental impact.
Off -Site Improvements
With the exception of off -site parking, other off -site improvements will not result in a land use
change and will not involve zoning. The off -site parking improvements (overflow parking) will
occur on lands owned by the City and currently used as additional parking. Off -site
improvements are consistent with General Plan land uses and the City's Municipal Code.
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RESOLUTION NO. 2019-83
The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the
implementation of the proposed Project would not conflict with the provisions of an adopted Now
habitat conservation plan, natural community conservation plan, or other related plans
designed to avoid an environmental impact.
I. NOISE
1. Ambient Noise Levels
Threshold:
a) Would the Project result in generation of substantial temporary or permanent increase
in ambient noise levels in the vicinity of the project in excess of standards established
in the local general plan or noise ordinance, or applicable standards of other
agencies?
Finding: Less than significant (EIR, p. 2.12-13 through -28)
Explanation:
Surf Lagoon and Surf Center
Construction of the proposed Project would require the use of heavy equipment for Project
site preparation/excavation, installation of new utilities, and building construction.
Development activities would involve the use of smaller power tools, generators, and other
sources of noise. The highest construction noise levels will be perceived at receiver location
R2 during grading which could reach up to 68.4 dBA Leq at 90 feet. These noise levels would
reduce with distance from the construction site at a rate of approximately 6 dB(A) per doubling
of distance. As shown in Table 2.12-13 of the EIR (p.2.12-20), Unmitigated Construction
Equipment Noise Level Summary, the maximum unmitigated construction noise level will
range from approximately 28.5 dBA to 68.4 dBA Leq at the receiver locations. Construction
activities will not exceed the NIOSH standard, and will be less than significant.
The dominant noise sources attributable to the lagoon and surf center are the wave
generating machine and special events outdoor activities. Based on the analysis described
in the EIR, noise levels of 83.6 and 66.8 dBA at 50 feet would attenuate to 49.2 dBA Leq at
the closest sensitive receiver, R2. None of the project components is expected to exceed the
City's exterior noise level standards for either daytime or nighttime conditions at any of the
sensitive receivers. Therefore, impacts would be less than significant.
Hotel and Villas
The highest construction noise levels will be perceived at receiver location R2 during grading
which could reach up to 68.4 dBA Leq at 90 feet. These noise levels would reduce with
distance from the construction site at a rate of approximately 6 dB(A) per doubling of distance.
As shown in Table 2.12-13 of the EIR (p.2.12-20), Unmitigated Construction Equipment Noise
Level Summary, the maximum unmitigated construction noise level will range from
approximately 28.5 dBA to 68.4 dBA Leq at the receiver locations. Construction activities will
not exceed the NIOSH standard, and will be less than significant.
20
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4-0
RESOLUTION NO. 2019-83
The dominant noise sources in this planning area would be vehicular traffic accessing the
site, grounds maintenance equipment, heating, ventilation and air conditioning (HVAC) units,
and outdoor swimming pool/spa activities which could reach up to 57.8 dBA Leq at 50 feet.
Based on the project's noise impact analysis, the City's noise standards allow outdoor noise
levels of 65 and 55 dBA CNEL in the commercial area during the day and night times,
respectively. None of the project components is expected to exceed the City's exterior noise
level standards for either daytime and nighttime hours. Therefore, impacts would be less than
significant.
Off -site Improvements
Construction activities associated with off -site improvements would generate temporary noise
for trenching, excavation, turf removal, landscaping, and paving. These noise levels would
not be expected to be any greater than the noise levels generated by Project construction.
As demonstrated above, Project construction noise levels will be less than significant at all
the closest sensitive receptors. Therefore, construction of off -site improvements would also
result in less than significant noise impacts. Once off -site improvements are completed, with
the exception of off -site parking, no noise would be generated.
At buildout, the off -site parking lot will be used to accommodate vehicles off -site during special
events where the main noise source would be vehicular traffic. As shown in Table 2.12-5 in
the EIR, Reference Noise Level Measurements, parking lot activities can be expected to
generate noise levels of 50.0 dBA at 50 feet. Since the off -site parking area is located adjacent
to commercial development, this noise level will be less than significant, based on the City's
noise thresholds.
2. Groundborne Vibration and Noise Levels
Threshold:
b) Would the Project result in generation of excessive groundborne vibration or
groundborne noise levels?
Finding: Less than significant (EIR, p. 2.12-29 through -31)
Explanation:
Surf Lagoon, Surf Center, Hotel, Villas, and Off -site Improvements
Construction activities such as grading activities, construction equipment and trucks hauling
project materials would have the potential to generate low levels of ground -borne vibration
within the Project area. As shown in Table 2.12-17 of the EIR (p. 2.12-19), construction
vibration velocities would reach up to 0.009 inches per second RMS. The threshold for
construction vibration velocity in Riverside County is 0.01 inches per second RMS.
Construction vibration velocities at all six receiver locations would be below the threshold and
therefore are considered less than significant.
According to the Federal Transit Administration (FTA), construction vibration levels ranging
from 0.12 to 0.5 inches per second PPV are damaging for buildings. Project -related
construction vibration levels would reach up to 0.013 inches per second PPV, which is below
the 0.12 inches per second PPV. Therefore, a less than significant impact is anticipated.
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RESOLUTION NO. 2019-83
At buildout, no operational components of the proposed Project include significant wage
groundborne noise or vibration sources and no significant vibrations sources currently exist,
or are planned, in the Project area. Thus, no significant groundborne noise or vibration
impacts would occur with the operation of the proposed Project.
J. POPULATION AND HOUSING
Threshold:
a) Would the Project induce substantial unplanned population growth in an area, either
directly (for example, by proposing new homes and businesses) or indirectly (for
example, through extension of roads or other infrastructure)?
Findin : Less than significant (EIR, p 2.13-4 and -5)
Explanation:
Surf Lagoon and Surf Center
The surf center and lagoon will generate a variety of new jobs, including retail, restaurant
service jobs, recreational instructors and emergency personnel. However, on -site
employment opportunities are expected to be filled by people already living in the valley, or
those moving to the valley as part of expected population growth; therefore, impacts
associated with new employment opportunities associated with the proposed Project are so%
expected to be minor and less than significant.
.w
Development of the Surf Lagoon Planning Area will not require the expansion, extension or
construction of new public streets or utilities that would indirectly induce population growth
because all infrastructure required to serve the Project exists adjacent to the Project. Impacts
will be less than significant.
Hotels and Villas
The Hotels and Villas will generate new jobs. However, on -site employment opportunities are
expected to be filled by people already living in the valley, or those moving to the valley as
part of expected population growth; therefore, impacts associated with new employment
opportunities associated with the proposed Project are expected to be minor and less than
significant.
Although timeshares and/or hotel -serviced villas are anticipated, the Specific Plan also allows
for single-family housing units. Given the city's average household size of 2.17 persons', 88
new residential villas of the Project could potentially increase the permanent population by
approximately 191 persons. This represents 0.3% of the City's anticipated 2040 population
of 61,700, which would have a less than significant impact on the overall population of the
area.
"Report E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2011-
2018, with a 2010 Benchmark," California Department of Finance, released May 1, 2018.
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RESOLUTION NO. 2019-83
Development of the Hotels and Villas Planning Area will not require the expansion, extension
or construction of new public streets or utilities that would indirectly induce population growth
because all infrastructure required to serve the Project exists adjacent to the Project. Impacts
will be less than significant.
Off -Site Improvements
Off -site improvements include stormwater management, pool/lagoon discharge, golf course
turf reduction, landscaping improvements, overflow parking, and soil removal/storage. These
activities will not induce population growth either directly or indirectly, and therefore there will
be no impacts.
K. PUBLIC SERVICES
Threshold:
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
Schools
Parks
Other public facilities
Finding: Less than significant (EIR, p. 2.14-11 through -14)
Explanation:
Schools
Surf Lagoon and Surf Center
This component of the proposed Project will not generate permanent population and,
therefore, will have no impact on schools. The Project will, however, be required to pay the
mandated school mitigation fees imposed by the State for commercial construction. Based
on Section §65996 of the California Government Code, the payment of such fees is deemed
to fully mitigate the impacts of new development on school services. Therefore, with payment
of these required developer fees, Project impacts to school services would be less than
significant.
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RESOLUTION NO. 2019-83
Hotel and Villas
The demand for new or expanded school facilities and services is determined by permanent
increases to the local population. The Project would result in development of 88 villas and a
hotel(s) facility. The nature of the villas has not been determined, and they could be either
hotel -related resort units occupied by tourists, or permanent housing units. At buildout, the
villas could introduce approximately 191 new residents to the Project site.2
Based on DSUSD student generation rates, the Project has the potential to generate
approximately 31 kindergarten through twelfth grade students, if the villas are occupied by
permanent residents. This is a conservative estimate based on the Project's 88 new villas
being occupied by families with children residing on the project site on a fulltime, year-round
basis. In actuality, these units are likely to be occupied on a temporary basis by individuals
and families during vacations. Nonetheless, the potential student increase represents less
than 1 % of DSUSD's current student body.
The hotel(s) and villas will, like the surf center, be required to pay the State mandated school
mitigation fee. Based on Section §65996 of the California Government Code, the payment of
such fees is deemed to fully mitigate the impacts of new development on school services.
Therefore, with payment of these required developer fees, Project impacts to school services
would be less than significant, and no mitigation measures are required.
Off -site Improvements
None of the off -site improvements would generate permanent population and, therefore, will
have no impact on schools. These components of the Project will not increase the student Me
population and there will be no impact.
..w
Parks
Surf Lagoon and Surf Center
The proposed surf lagoon is expected to be the primary attraction for Project patrons and
guests. Some visitors may attend events and undertake activities at local parks however,
such visits are expected to be minimal and are not expected to require new or expanded park
facilities that could result in adverse environmental impacts. Project -related impacts to parks
will be less than significant.
Hotel and Villas
The Project proposes resort hotel and residential uses, outdoor use areas, and multiple
options for recreational amenities, including lounges, swimming pools, a spa/wellness center,
and a surf lagoon. In addition, the Project will be located within the Desert Willow golf course,
providing additional recreational opportunities. The Project's proposed recreational
amenities, in conjunction with the City's current parks and recreational facilities and the
collection of Developer Impact Fees (DIFs) that support the City's park and recreation fund
(as required by City's Municipal Code 25.40.1303), would be adequate to accommodate the
Project's demand for parks and recreational services.
"Report E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2011-
2018, with a 2010 Benchmark," California Department of Finance, released May 1, 2018.
Palm Desert Municipal Code 25.40.130 (Required Park Dedication Fees). No building permit shall be
issued for any new development until the use established is in compliance with all applicable
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RESOLUTION NO. 2019-83
The Project could increase the usage of local parks and recreational facilities. However, the
Project's other component, the surf lagoon, is expected to be the main recreational attraction;
use of local parks and recreational facilities is expected to be secondary and minimal.
Therefore, Project impacts to parks would be less than significant.
Off -site Improvements
None of the off -site improvements would_generate demand for park services and, therefore,
no impact is anticipated.
Other Public Facilities
The Project's recreational facilities, particularly the surf lagoon, are expected to be the primary
attraction for Project patrons and guests. Some visitors may attend the local library,
museums, or other attractions, and some may require medical services at local hospitals.
However, such visits are expected to be minimal and are not expected to require new or
expanded facilities that could result in adverse environmental impacts. Project -related
impacts to other public facilities will be less than significant, and no mitigation measures are
required.
L. TRAFFIC AND TRANSPORTATION
1. Vehicle Miles Traveled
Threshold:
b) Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3,
subdivision (b)?
Finding: Less than significant (EIR, p. 2.15-24 through -28)
Explanation:
CEQA Guidelines Section 15064.3, as amended December 2018, states that vehicle miles
traveled (VMT) is the most appropriate measure of transportation impacts. A lead agency
may use models or other methods to analyze a project's VMT quantitatively or qualitatively.
For land use projects, such as the proposed DSRT SURF Project, "projects within one-half
mile of either an existing major transit stop or a stop along an existing high -quality transit
corridor should be presumed to cause a less than significant transportation impact. Projects
that decrease vehicle miles traveled in the project area compared to existing conditions
should be considered to have a less than significant transportation impact."
Surf Lagoon, Surf Center, Hotel and Villas
Construction: The CalEEMod software used to calculate air emissions considers
construction -related vehicle emissions from vendor deliveries, use of construction equipment,
regulations of the City's local park dedication or payment of fees in lieu thereof requirement, as
provided by the Subdivision Ordinance. (Ord. 1259 § 1, 2013).
25
RESOLUTION NO. 2019-83
and worker commutes. Based on Project -specific construction details, it is estimated that total
worker trips would result in 6,578 VMT, vendor trips would result in 967 VMT, and hauling PM
trips would result in 32,188 VMT. CalEEMod does not generate VMT for construction
equipment, however air quality impacts associated with construction equipment are captured %wo
and analyzed in Section 2.3, Air Quality, of the EIR. Potential impacts associated with haul
trucks are further discussed below (see Off -Site Improvements, Soil Removal/Storage).
Operations: The TIA estimated the proposed Project's trip generation using trip generation
rates provided in the Institute of Transportation Engineers (ITE) Trip Generation Manual (loth
edition, 2017) for the hotel, villas, and retail portions of the Project. The ITE Manual does not
include trip generation rates for a surf lagoon, so trip generation for the lagoon was based on
assumptions about the anticipated number of guests and vehicle occupancy. Two trip
generation estimates were prepared — one for typical operation, and one for special events.
The Project would generate a combined total of 5,496 weekday daily trips under typical
operation, and 7,288 weekend daily trips during special events.
During typical operation, it is anticipated that many surf lagoon guests will be those staying
at the Project's hotel/villa component and other resort projects within Desert Willow; local
residents and visitors already in the area for other attractions may also attend. The Project is
centrally located in the Coachella Valley; vehicles traveling from the furthest points of the
valley from the Project site would travel approximately 15 miles to the Project, while those in
the denser population centers would travel 10 miles or less. During special events, spectators
could travel from areas outside the Coachella Valley; western Riverside County and Los
Angeles, for example, are 60 miles and 100 miles from the Project site, respectively. For ...,,
analysis purposes, it was assumed that the average distance traveled per trip was 25 miles,
resulting in an annual VMT of 12,213,217 under typical operation and 16,511,125 when
accounting for special events.
Additionally, the Project site is 1/2-mile west of Sunline Transit Agency's Bus Lines 20 and 21
which travel along Cook Street (see TIA Exhibit 3-8 in Appendix H of the EIR). Line 21
connects northern Palm Desert (Cook Street and Gerald Ford Drive) with the Highway 111
commercial corridor in Palm Desert (Town Center Way). Line 20 follows the same route but
extends further to Desert Hot Springs via 1-10. The two closest bus stops are at Cook
Street/Country Club Drive and Cook Street/Frank Sinatra Drive. Lines 20 and 21 connect to
other Sunline routes serving the Coachella Valley.
The Project's central location and proximity to arterials, 1-10, and established transit routes
are expected to reduce the amount of driving required to access the Project. Impacts will be
less than significant.
Off -Site Improvements
Installation of off -site stormwater infrastructure, pool/lagoon discharge, turf reduction and
landscaping improvements will involve the operation of construction vehicles, but they will be
largely contained onsite and will not travel on area roadways. After construction is complete,
off -site improvements will not generate any vehicle trips.
Construction vehicles involved in the off -site parking lot will be contained onsite and generally
will not travel on area roadways. Once operational, the overflow parking lot will not generate
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RESOLUTION NO. 2019-83
trips or impact VMT, because it will be used to accommodate vehicles already accessing the
site during special events.
Soil Removal/Storage: During construction, an estimated 12,875 haul trips (equivalence)4 will
transport excess soils to either: 1) vacant land on the Desert Willow Golf Course, less than
mile from the Project site, or 2) along Cook Street to the Classic Club 2%2 miles to the north.
For conservative analysis, it was assumed that all excess soil will be hauled to the Classic
Club, resulting in approximately 32,188 VMT. Once construction is complete, this Project
component would generate no VMT. Impacts would be less than significant.
2. Design Hazards
Threshold:
c) Would the Project substantially increase hazards due to a geometric design feature
(e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm
equipment)?
Finding: Less than significant (EIR, p. 2.15-28 and -29)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
Primary access to the surf lagoon, surf center, hotel, and villas will be provided at two access
points on Desert Willow Drive, and emergency access will be provided via a gated access
point on Willow Ridge. An internal road will be used to access onsite facilities and parking.
No roads, intersections, or design features are proposed that would increase hazards.
Construction vehicles using Desert Willow Drive and/or Willow Ridge to access the site could
inconvenience passenger vehicles on those roads; however, their presence would be only
temporary (limited to the construction phase), would be managed through the City's
requirements for construction management planning, and would not increase hazards. During
long-term operation, vehicles accessing the site will be similar to those accessing the adjacent
golf course. No impact would occur.
Off -Site Improvements
Installation of off -site stormwater infrastructure, pool/lagoon discharge, turf reduction and
landscaping improvements will involve the operation of construction vehicles which will be
largely contained onsite and will not increase traffic hazards. Once operational, these
components will have no impact on traffic -related hazards.
CalEEMod generates the number of "haul trips" and associated hauling emissions based on the
quantity/weight of material being hauled and the distance to the haul site. The number of haul trips
generated in CalEEMod provides an equivalent emissions projection based on haul load assumptions
programmed into the software. Based on project haul data, CaIEEMod assumes that the project will
require 12,875 material haul trips. It is assumed that an average haul load is 20 tons (or 16 cubic
yards).
27
RESOLUTION NO. 2019-83
Improvement of the overflow parking lot will not increase hazards due to dangerous features
or incompatible uses. During standard operations, the lot will remain vacant. During special am"
events, the vehicle mix will be compatible with other vehicles on area roadways. No impact
will occur. 6-0
During construction, excavated soils will be removed and hauled to either a vacant site within
Desert Willow Golf Course or a material storage site adjacent to the Classic Club 2.5 miles to
the north. The presence of construction vehicles on area roadways may be a temporary
nuisance but will not increase hazards. Haul trips will cease once construction is complete,
and no impact will occur during Project operation.
M. UTILITIES AND SERVICE SYSTEMS
1. Water, Wastewater, Storm Drainage, Electric, Natural Gas and Telecom
Thresholds:
a) Would the Project require or result in the relocation or construction of new or
expanded water, wastewater treatment or storm water drainage, electric power,
natural gas, or telecommunications facilities, the construction or relocation of which
could cause significant environmental effects?
b) Would the Project have sufficient water supplies available to serve the project and
reasonably foreseeable future development during normal, dry and multiple dry years? am
c) Would the Project result in a determination by the wastewater treatment provider us
which serves or may serve the project that it has adequate capacity to serve the
project's projected demand in addition to the provider's existing commitments?
Finding: Less than significant (EIR, p. 2.16-8 through -14)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
Domestic Water Infrastructure
The Project will require extension of water lines within the site to connect to the existing
CVWD water lines under Willow Ridge Road and the traffic circle. In addition, the Project may
construct a new onsite well to supply the lagoon water demands, which will be metered in
compliance with requirements of the RWRCB. This would not significantly affect CVWD water
facilities, and once connected to the CVWD water lines, CVWD will have sufficient water to
accommodate the proposed Project. Extension of water lines will have less than significant
impacts on expanded water services because the physical expansion will occur within already
disturbed areas of the golf course and its roadways, and because the proposed Project's
mandate to implement a Turf Reduction Program will substantially reduce net water demand
of the Project.
Domestic Water Supply
w.
28
RESOLUTION NO. 2019-83
As discussed in Section 2.10 of the ElR, Hydrology and Water Quality, and per the Project -
specific Water Supply Assessment (WSA), the Project's net domestic water demand of 58.46
AFY represents approximately 0.05 percent of the total water supply (114,600 AFY) for 2020
and 0.03 percent of the total water supply (194,300 AFY) for 2040 estimated by the CVWD
in its Urban Water Management Plan.
Based on the WSA findings, CVWD has sufficient water supplies to meet the demands of the
Project for the next 20 years. The future water supplies available to CVWD, including the
Project site, are assured and reliable under normal, single -dry years, and multiple -dry years
by Colorado River water rights, the permanent surface water entitlement held by the CVWD,
and based on historical conditions of the groundwater aquifer. The City can reliably expect
water from surface and groundwater sources.
Given the existing available water supply versus the water needs of the Project, CVWD has
sufficient water supplies available to serve the Project in future during normal, dryand multiple
dry years. The Project's incremental effect would not be cumulatively considerable with
respect to water supply and, therefore, impacts would be less than significant.
Wastewater Services and Infrastructure
Upon implementation of the Project, wastewater would be collected and discharged into
CVWD sewer mains at all components of the Project. Wastewater will periodically be
generated by the surf lagoon and pools, which will be treated on -site and either directed to
on -site dry wells or discharged into one of the Desert Willow golf course lakes for course
irrigation.
The proposed Project will require construction of on -site sewer infrastructure to connect to
the existing sewer mains located in the Desert Willow Drive and Willow Ridge Road rights -of -
way. Sewage will be conveyed south along Cook Street to the CVWD treatment plant (WRP-
10) near the Whitewater River Stormwater Channel two miles to the south. The Project
wastewater discharges will be typical of residential and commercial uses and would not
exceed wastewater treatment requirements of the CVWD or Regional Water Quality Control
Board.
CVWD is currently treating and recycling City -generated wastewater at two wastewater
treatment plants (WRP-9 and WRP-10). These two plants have a total capacity of 18.40 mgd.5
WRP-10 has a current capacity of 18 mgd, and is currently treating about 13.4 mgd. It is
estimated that the Project would generate a total of 161,500 gallons of wastewater per days,
which will constitute an increase of 1 percent of the treatment flows currently entering the
CVWD's WRP-10 daily.
According to the CVWD, the existing sewer lines under Willow Ridge Road and the traffic
circle at the clubhouse entrance have the capacity to handle the additional sewage generated
by the Project, based on the number of lateral tie-ins presently contributing to the sewer flow.
CVWD has sufficient treatment capacity to treat wastewater generated by the proposed
Project, and the Project is not anticipated to result in the construction or relocation of a
Coachella Valley Water Management Plan Update 2012 (Final Report) -Page 4-23, CVWD.
Assumes hotel and residential uses use 250 gallons per day per room/unit. Commercial uses assume
100 gallons per day per 1,000 SF.
29
RESOLUTION NO. 2019-83
wastewater treatment plant. The proposed Project's impact on wastewater treatment systems
would be less than significant. "'
Stormwater Drainage •�'
The Project would introduce impervious surfaces in the project area through the construction
of buildings, pedestrian pathways, parking lots, and internal roadways. To fully capture the
surface runoff at Project buildout, the Project site is divided into four drainage areas from
which onsite runoff will be conveyed into three existing Desert Willow Golf Course drainage
waste areas. These drainage waste areas do not have drain pipes to the Project site currently.
Drain pipes will need to be constructed and extended from the Project site in these areas as
part of the proposed Project. The drainage pipe extensions are considered off -site
improvements, and their impacts discussed separately below.
The design of the stormwater drainage system for the Project is consistent with, and
integrates into, the master plan for drainage established with the development of the Desert
Willow project as a whole. The preliminary hydrology study demonstrates that the existing
waste areas have capacity to accommodate Project 100-year flows. Therefore, the proposed
Project will not result in a need to construct additional drainage facilities beyond those
envisioned for the Desert Willow project, and impacts will be less than significant.
Electric Power
Operation of the proposed Project would consume approximately 21,711,725 kWh per year
of electricity in total'. This represents a 2.87 percent increase in annual City-wide electricity
usage (City-wide usage is approximately 756,834,386 kWh per year, according to the Palm
Desert Greenhouse Gas Inventory 2013 Update). To reduce electricity demand, the Project
proposes the installation of solar panels on -site at the Surf Center, which could generate an
estimated 1,700,000 kWh per year8. Operation of the solar panels will offset the Project's
electrical demand, thereby reducing it to approximately 20,011,725 kWh per year, which
represents approximately 2.64 percent of the City's total electricity demand. Impacts will be
less than significant.
The Project will connect to the existing nearest SCE underground distribution lines located
east of the site. Construction of the Project will comply with applicable SCE guidelines
regarding installation, extensions, and connections to limit impacts to electricity infrastructure
and avoid service interruptions. No new SCE electric power facilities will need to be
constructed or relocated. Impacts will be less than significant.
Natural Gas
Underground natural gas lines exist at the perimeter of the Desert Willow traffic circle. The
Project site will connect to the existing lines. Construction impacts associated with the
installation of natural gas connections are expected to be confined to trenching in order to
extend them from Desert Willow Drive to the Project site. Prior to ground disturbance, Project
contractors would notify and coordinate with SoCalGas to identify the locations and depths of
all existing gas lines and avoid disruption of gas service.
30
am
wo
See Section 2.6 Energy for detailed discussion. Annual kWh were estimated in CalEEMod using ..
historical energy data for similar land use/building types, and Project -specific engineering estimates
for the surf lagoon.
Per project specific solar design.
RESOLUTION NO. 2019-83
Operation of the proposed Project would consume approximately 331,811 therms per years
of natural gas in total, which is equivalent to a 1.89 percent increase in annual City-wide
natural gas usage (City-wide usage is approximately 17,532,930 therms per year, according
to the Palm Desert Greenhouse Gas Inventory 2013 Update). No additional natural gas
facilities will need to be constructed or relocated. Impacts will be less than significant.
Telecommunication
The City is located within Frontier Communications' service area for telecommunication
services. The project site will connect to the existing telecommunication lines located adjacent
to the site in Desert Willow Drive. Lines currently in place are sufficient to supply the Project,
and no new lines are expected to be required. No impact is anticipated.
Off -site Improvements
Stormwater Management: This component of the Project will extend storm drains from the
proposed Project site at several locations (please see Section 2.10 of the EIR for a
comprehensive discussion of the drainage system) to existing waste areas within the golf
course. The pipes will be installed within existing disturbed areas of the golf course, and
extend to existing disturbed waste areas. Although extension will be necessary, it will not
result in the need for expanded facilities, because the drainage system designed for the entire
Desert Willow project included serving the Project site, and other development sites within
the master planned project. Therefore, the implementation of the proposed Project will not
result in a need for expanded drainage facilities, and will not have a significant environmental
effect on the golf course waste areas. Impacts will be less than significant.
Pool/Lagoon Discharge: This component of the Project will require the extension of
underground pipes to an existing lake within the golf course, to the south of the Project site.
The extension of these pipes will occur within existing disturbed areas of the golf course, and
will require only trenching and the installation of pipes. The water will be treated prior to its
discharge into the existing lake, and will be used for irrigation within the golf course. The pool
and lagoon discharge will not require the expansion of water, wastewater, storm drain,
electric, natural gas or telecommunication facilities, and will have less than significant impacts
on existing facilities.
Golf Course Turf Reduction and Landscaping Improvements: This component of the Project
would replace existing turf areas within the existing golf course with desert landscaping, which
would reduce irrigation water demand and have an overall net benefit to water supplies. This
component of the Project will not require any wastewater treatment, electric power, natural
gas, or telecommunications. No long-term impacts are expected.
Overflow Parking: This component of the Project will require up to 0.5 AFY in irrigation water
when developed, and will be required to retain the 100 year storm on -site by installing a self-
contained drainage system meeting City standards. No expansion of water, wastewater,
drainage, electrical, natural gas or telecommunication facilities will be required, and impacts
are expected to be less than significant.
s See Section 2.6 Energy for detailed discussion. Therms were estimated in CalEEMod using historical
energy data for similar land use/building types.
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RESOLUTION NO. 2019-83
Soil Removal/Storage: This component of the Project will require water during excavation to
suppress wind erosion, which will be temporary and will end once the excavation is
completed. Impacts will be less than significant. This component will not require any
wastewater treatment, electric power, natural gas, or telecommunications. No long-term
impacts are expected.
2. Solid Waste
Threshold:
d) Would the Project generate solid waste in excess of State or local standards, or in
excess of the capacity of local infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Would the Project comply with federal, state, and local management and reduction
statutes and regulations related to solid waste?
Finding: Less than significant (EIR, p. 2.16-15 and -16)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
am
Construction Impacts
All construction debris would be placed in appropriate onsite containers and periodically ftwo
disposed of in accordance with all applicable standards of waste disposal. Non -hazardous
construction materials that cannot be reused or recycled would be accepted for disposal at
Riverside County landfills. As required by CalGreen, demolition of the existing parking lot and
the waste created by construction activities will be required to be recycled, and demonstration
of compliance will be required by the City as a condition of the building permits for the Project.
This standard requirement will assure that impacts associated with construction waste remain
less than significant.
Any hazardous materials (e.g. chemicals, oils fuels, lubricants, paints, and solvents) used
during construction would be recycled, treated, and/or disposed of in accordance with federal,
State, and local laws. Construction -related solid waste generation will be short-term and local
and/or regional landfills would have sufficient permitted capacity to accommodate the
Project's construction -related solid waste disposal needs. Impacts will remain less than
significant.
Operational Impacts
Based on the Estimated Solid Waste Generation Rates established by CalRecycle, the
Project would dispose of approximately 355 tons of solid waste per year10 at buildout. The
Project would be required to achieve 50 percent waste diversion in accordance with Riverside
10 Retail = 0.02 lb/SF/day; Office = 0.006 lb/SF/day; Hotel = 2 lb/room/day; Multi -family = 5.1 lb/unit/day.
CalRecycle. ``�
32
RESOLUTION NO. 2019-83
County's Integrated Waste Management Plan (CIWMP); based on this requirement, the total
solid waste generation for the Project will be approximately 212.66 tons per year.
Solid waste collected from the site will be hauled to the Edom Hill Transfer Station in
Cathedral City and then transported to Lamb Canyon landfill in Beaumont. The Project will
contribute 0.02% to Lamb Canyon's remaining capacity." Commingled recyclable materials
will be transported to Burrtec's material recovery facilities for recycling and reuse. Less than
significant impacts would occur from the Project.
Off -site Improvements
Stormwater Management and Pool/Lagoon Discharge: These components of the Project
would not generate any solid waste; no impact is anticipated.
Landscaping Improvements and Golf Course Turf Reduction: The Turf Reduction program
and landscaping activities may result in plant waste, and in some solid waste associated with
plant containers, that Burrtec will sort and dispose of as green waste, or recycle. Green waste
will then be recycled as compost per Mandatory Organics Recycling requirements (AB 1826).
Impacts will be less than significant.
Overflow Parking: The proposed overflow parking site is currently vacant and will not result
in construction or demolition waste. At buildout, the parking lot will not generate solid waste;
no impact is expected.
Soil Removal/Storage: Other than excavated soil, this Project component is not anticipated
to generate any other solid waste; no impact is anticipated.
" Assumes that 1 CY of commercial and residential recyclable solid waste is equivalant to 100 Ibs
(averaged). "Volume to Weight Conversion Factors," US EPA Office of Resource Conversion and
Recovery. April 2016.
33
RESOLUTION NO. 2019-83
SECTION 5: FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO A
LESS THAN SIGNIFICANT LEVEL.
The City Council hereby finds that feasible Mitigation Measures have been identified 41-0
in the EIR and this Resolution that will avoid or substantially lessen the following potentially
significant environmental impacts to a less than significant level. The potentially significant
impacts, and the Mitigation Measures that will reduce them to a less than significant level,
are as follows:
A. AESTHETICS
1. New Source of Light and Glare
Threshold:
d) Would the Project a new source of substantial light or glare, which would adversely
affect day or nighttime views in the area?
Findinq: Less than significant with mitigation incorporated. (EIR, p. 2.2-31 through -41)
Explanation: The surf lagoon will increase light and glare from the following sources:
Pole -mounted lighting is proposed along the central pier and both sides of the outer
boardwalk (see EIR Exhibit 2.2-2). This includes a total of 34 luminaires mounted on ,.m
eleven (11) galvanized steel poles that will be 40 to 80 feet in height. Of this total, one is
proposed at 40 feet, three at 60 feet, four at 70 feet, and three at 80 feet in height, %me
distributed on all sides of the lagoon, and on the central pier (see EIR Exhibit 2.2-20).
Section 24.16.015(F) of the Palm Desert Municipal Code states that the maximum pole
heights for sport courts shall be thirty (30) feet. The proposed Specific Plan allows for the
construction of light poles of up to 80 feet in height.
Section 24.16.015(E) of the Municipal Code requires that sports lighting fixtures use the
latest technology to control spill light from the lighting fixture. Each luminaire will be fitted
with a light/glare control visor that directs light downward onto the lagoon and reduces
glare and light spillage.12
Section 24.16.045(C) of the Municipal Code states that outdoor recreational sports
lighting shall be turned off at 10:00 pm with partial lighting remaining on until 10:30 pm to
allow participants to safely vacate the field/venue. The Specific Plan proposes surf lagoon
lighting consistent with operational hours that allow surfers in the water until 12:00 am on
holidays, weekends and during special events, and 10 pm on weekdays.
2. Other proposed lighting fixtures include lights mounted in the concrete pony wall along
the entire boardwalk (18 inches above the boardwalk deck), and fixtures mounted on
12 Exhibits SP6.1 and SP6.2, Light Fixture Cutsheets, DSRT Surf Precise Plan Package, March 25,
2019.
34
RESOLUTION NO. 2019-83
handrail vertical posts along the entire pier (20 inches above the pier deck), as well as
landscaping lighting throughout the Planning Area.13
3. The Project would involve the installation of photovoltaic (PV) solar panels, which would
convert sunlight directly into electricity.
4. Vehicles accessing and parking onsite will generate new sources of light and glare.
Surf Lagoon and Surf Center
Light fixtures will illuminate the Promenade roadway, parking lots, surf lagoon boardwalk and
pier, and common areas around the surf center, including ancillary buildings, swimming pools,
and the event lawn. Lighting of these features is intentional for after -dark activities, safety,
and security. The lighting plans for these fixtures incorporates standards of the Municipal
Code, will be typical of the lighting provided at other developments within the area, and will
not significantly impact the lighting environment of the Desert Willow Golf Resort.
Specialized and stronger lighting is proposed for the surf lagoon. As shown in Exhibit 2.2-20
of the EIR, pole lights ranging from 40 to 80 feet in height are proposed at this location. They
will occur on all sides of the lagoon, and along the central pier to illuminate the water and
allow night surfing. Exhibit 2.2-20 of the EIR also shows the levels of light occurring on the
lagoon to its edge, while Exhibit 2.2-21 of the EIR depicts the levels of light generated by the
light poles in the areas surrounding the lagoon. As shown in Exhibit 2.2-21, lighting levels at
the property line will be reduced to imperceptible levels to the north and south of the site,
conforming to City standards. Light pole luminaires will emit a total of 112,455 lumens, which
is less than the 130,000 lumens allowed for commercial light poles in Municipal Code Section
24.16-015, Outdoor Lighting Requirements. The lighting impacts associated with the
proposed lagoon lighting as it relates to light fixture outputs will therefore be less than
significant.
Impacts associated with glare from the structures at the surf lagoon area are expected to be
less than significant. However, the lighting generated by the light poles proposed for the
lagoon also have the potential to generate glare resulting from lights reflected from the water.
The City does not have specific numeric standards for glare. However, based on the findings
of Exhibit 2.2-17 of the EIR, the lagoon lighting as proposed (40-80-foot-tall poles) will result
in minimal glare off -site, and impacts will be less than significant.
Hotel and Villas
No development application(s) for Specific Plan Planning Area 2 have been filed at this time
and, therefore, architectural elevations for the hotel and villas are not available. However, as
required by the Specific Plan, building styles and materials will complement those used for
the surf center. As shown in Exhibits 2.2-17 through 2.2-19 in the EIR, lighting levels at the
site boundary will be imperceptible, and will meet City standards.
Lighting from the light poles at the surf lagoon will spill onto the Villas along the southwest
edge of the surf lagoon, and to the hotel and villas to the west of the lagoon. It will not spill
onto Desert Willow Drive, the clubhouse parking lot, or the Westin Desert Willow resort to the
immediate southwest. As shown in EIR Exhibit 2.2-21, the highest lighting level along the
13 Exhibit LT1.0, Site Lighting Plan, DSRT Surf Precise Plan Package, March 25, 2019.
35
RESOLUTION NO. 2019-83
south edge of the lagoon, where the villas are located, will range from 2.1 to 4.7 footcandles.
The City's standard for illumination in lighting plans is 1 to 3 footcandles (Municipal Code
Section 24.16.035). Lighting levels at the rear patios and balconies of the Lagoon Villas will
be higher in some locations. The architectural plans for these villas are not part of this
application, but the concepts provided in the Specific Plan are illustrated in EIR Exhibit 2.2-4.
They show deep covered balconies and patios that will shield the interior of these villas from
the light levels occurring at these locations. However, since these architectural plans are not
definitive, the impacts from the surf lagoon light poles to interior spaces of the villas along the
south edge of the lagoon could be significant, and should be mitigated. As provided in
Mitigation Measure AES-1, the architectural plans for the villas at this location will be required
to demonstrate that interior light levels in those villas will not exceed 1 footcandle, the lower
allowable standard under the City's standards. This mitigation measure will assure that
impacts associated with lighting at the south Lagoon Villas will be less than significant.
Mitigation Measures AES-1: In order to assure that lighting levels at the Lagoon Villas do
not exceed City standards, architectural plans for these villas will be accompanied by a
lighting plan that demonstrates that the interior lighting level at the windows located facing
the lagoon does not exceed 1.0 footcandle.
Lighting plans will be prepared according to the City's lighting design standards as part of
Mitigation Measure AES-1. AES-1 will assure that the lighting levels at the lagoon villas are
acceptable. This mitigation measure will reduce impacts to less than significant levels for the
Proposed Project.
LT-1
AV"
Off -site Improvements
The majority of off -site improvements will be buried, and will generate no light or glare. The .r
overflow parking lot is already impacted by occasional vehicle use. It will be improved to City
standards, including new pole -mounted lighting to enhance visibility and security. Lighting will
be required to comply with Chapter 24.16, Outdoor Lighting Requirements, of the Palm Desert
Municipal Code, and the City will review and approve the lighting plan prior to development.
With implementation of these standard requirements, impacts will be less than significant.
B. BIOLOGICAL RESOURCES
1. Habitat Modifications
Threshold:
a) Would the Project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service?
Finding: Less than significant with mitigation incorporated. (EIR, p. 2.4-19 through -21)
Explanation: The development of the Project will result in the disturbance of the entire site.
Impacts to biological resources, as discussed below, would be consistent across all "'
components of the Project, including the surf lagoon, surf center, hotels, villas, and off -site
improvements. The following discussion, therefore, applies to all components of the proposed fto
36
RESOLUTION NO. 2019-83
Project equally.
Tables 2.4.1 through 2.4.3 of the EIR (p. 2.4-12 through -14) summarize information on all
special -status species that have been reported in the Project vicinity, or that have the potential
to occur onsite based on geographic distribution and presence of potentially suitable habitat.
Given the level of existing disturbance onsite from parking lot development, grading,
installation of irrigation systems, development of surrounding parcels, and daily disturbances
of human activity on the adjacent Desert Willow Golf Resort, there is a low potential for the
proposed Project to adversely impact sensitive biological species.
No sensitive plant species or wildlife species were observed or detected on the Project site
during the biological field survey, and any potential Project -related impacts would be
mitigated through payment of standard CVMSHCP developer impact fees (Mitigation
Measure BI0-1).
Mitigation Measure B10-1
Payment of CVMSHCP Fees
The Project proponent shall be required to pay the CVMSHCP local development mitigation
fee to mitigate for impacts to covered species and natural communities within the Project site.
Although burrowing owl is a covered species under the CVMSHCP, neither the federal 404
permit nor the state NCCP for the CVMSHCP provides for take of this species, which is further
protected by the MBTA. The species nests and roosts underground and is particularly
vulnerable to ground -disturbing activities. The biologist determined that suitable burrowing
owl habitat is present on the vacant portion of the Project site, however the species was not
detected during site surveys.
Project -related impacts to the species will be mitigated through implementation of Mitigation
Measure 1310-3 which requires pre -construction surveys to identify any burrowing owls
present onsite, and consultation with CDFW regarding the use of exclusion devices, if
appropriate, to minimize impacts to the species.
Special -status bird species which may nest in the Project area are protected from take by the
MBTA. Nesting bird surveys in compliance with the MBTA will mitigate any potential Project -
related impacts to these species (Mitigation Measure 1310-2). The surveys would determine
whether nesting birds are present onsite immediately prior to site disturbance and, if present,
prohibit project -related work within avoidance buffers until the young have fledged.
Mitigation Measure B10-2
MBTA Compliance
For any grading or other site disturbance or tree or vegetation removal occurring during the
nesting season between February 1st and August 31st, a qualified biologist shall conduct at
least one nesting bird survey, and more if deemed necessary by the consulting biologist,
immediately prior to initiation of project -related ground disturbing activities. If nesting birds
are present, no work shall be permitted near the nest until the young birds have fledged.
While there is no established protocol for nest avoidance, when consulted, the CDFW
generally recommends avoidance buffers of about 500 feet for birds -of -prey, and 100 — 300
feet for songbirds.
37
RESOLUTION NO. 2019-83
Mitigation Measure B/O-3
Burrowing Owl Surveys
A qualified biologist shall conduct two (2) take avoidance pre -construction burrowing owl
surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and
the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected,
the project proponent shall consult with CDFW to determine what course of action is needed,
such as the use of exclusion devices (if applicable) to discourage owls from using burrows
that are believed to be in jeopardy of being impacted by implementation of the project.
With implementation of Mitigation Measures 1310-1 through 1310-3, potential Project -related
impacts to sensitive species would be less than significant.
C. CULTURAL AND TRIBAL RESOURCES
1. Archaeological Resources
Threshold:
b) Would the Project cause a substantial adverse change in the significance of an
archaeological resource pursuant to § 15064.5?
Finding: Less than significant with mitigation (EIR, p. 2.5-13 through -15)
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas,
No archaeological resources were observed during the site -specific cultural resources field
survey, and none were found or recorded during previous surveys. The Project area is within
the traditional use area of the Agua Caliente Band of Cahuilla Indians, and the potential exists
for archaeological resources to be uncovered during ground -disturbing activities. Although
the site has been previously graded, features or artifacts of prehistoric origin may be
uncovered during Project development, particularly since excavation for parking structures
and pool and lagoon backwash drainage structure construction will be at greater depths than
previously occurred. To reduce the potential impacts, Mitigation Measure CUL-1 requires
educating construction personnel about possible archaeological artifacts, human remains,
and other cultural materials that could be uncovered during construction activities, pursuant
to § 15064.5. If any of those materials are unearthed during construction, Mitigation Measure
CUL-2 would require further actions to secure those materials and assure their proper
disposition.
Off -Site Improvements
Stormwater Management: Installation of subsurface stormwater management infrastructure
will involve excavation and other soil disturbances that could uncover archaeological
resources. Impacts will be less than significant with implementation of Mitigation Measures
CUL-1 and CUL-2.
Pool/Lagoon Discharge: Installation of pool/lagoon discharge infrastructure will result in soil
disturbances that could uncover archaeological resources. Impacts will be less than
significant with implementation of CUL-1 and CUL-2.
38
%do
%..a
RESOLUTION NO. 2019-83
Golf Course Turf Reduction: Removal and replacement of existing turf with native landscaping
will result in soil disturbances. These areas have been previously disturbed for existing
landscaping, and since the replacement with drought -tolerant landscaping will occur in areas
and at depths that have previously been significantly disturbed, no impact is expected.
Overflow Parkinq: The Project will result in improvement of an existing parking lot southeast
of the subject property. The parking lot has already been disturbed from grading and vehicle
use, and it is unlikely to harbor subsurface archaeological resources. Nonetheless, there is
limited potential for such resources to be unearthed during ground -disturbing activities.
Impacts will be less than significant with implementation of CUL-1 and CUL-2.
Soil Removal/Storage: Project development will result in excavation, removal and placement,
and storage of soils. The placement of soils off -site will not impact architectural resources,
and any resources would have been identified during site disturbance. This activity will not
result in any impact to prehistoric resources.
Mitigation Measure CUL-1
Worker Education Program: Prior to commencing any phase of Project ground disturbance,
all personnel working onsite shall be required to complete a worker education program
performed by a qualified archaeologist that describes potential archaeological artifacts,
human remains, and other cultural materials that could be unearthed during the Project
development process, and the procedures required in the event such a discovery is made.
Mitigation Measure CUL-2
Monitoring: If buried cultural materials are encountered inadvertently during any earth -moving
operations associated with the Project, all work within 50 feet of the discovery should be
halted or diverted until a qualified archaeologist can evaluate the nature and significance of
the finds. The archaeologist shall prepare a findings report summarizing the methods and
results of the investigation, including an itemized inventory and detailed analysis of recovered
artifacts upon completion of field and laboratory work. The report shall include an
interpretation of the cultural activities represented by the artifacts and discussion of their
significance. The submittal of the report to the City and Tribal representative, as appropriate,
along with final disposition of the recovered artifacts in a manner consistent with
determination of the lead agency, Project archaeologist, and consulting tribes, will signify the
completion of the monitoring program and, barring unexpected findings of significance, the
mitigation of potential project impacts on cultural and tribal resources.
Overall, impacts to archaeological resources pursuant to Section 15064.5 will be mitigated to
less than significant levels through implementation of Mitigation Measures CUL-1 and CUL-
2.
2. Human Remains
Threshold:
c) Would the Project disturb any human remains, including those interred outside of
formal cemeteries?
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RESOLUTION NO. 2019-83
Finding: Less than significant with mitigation (EIR, p. 2.5-14 and -15) '"'
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas,
The subject site does not contain a formal cemetery; however, it is within the traditional use
area of Native American tribes, and the potential exists for human remains to be unearthed
during ground -disturbing activities, such as grading and excavation.
California Health and Safety Code Section 7050.5 requires that all excavation stop, and that
the County coroner inspect the site. Should the remains be identified as Native American by
the coroner, the NAHC is required to contact the most likely descendant, and that descendant
may recommend appropriate burial. This requirement, reflected in Mitigation measure CUL-
3, will assure that impacts associated with human remains are less than significant.
Off -Site Improvements
Stormwater Management: Installation of subsurface stormwater management infrastructure
is unlikely to unearth human remains, because the golf course area in which these facilities
will occur has been previously graded. However, this activity will be subject to the same
requirements of law contained in Mitigation Measure CUL-3.
Pool/Lagoon Discharge: Installation of subsurface pool and lagoon discharge pipes is unlikely
to unearth human remains, because the golf course area in which these facilities will occur som
has been previously graded. However, this activity will be subject to the same requirements
of law contained in Mitigation Measure CUL-3. two
Golf Course Turf Reduction: Removal of golf course turf and replacement with desert
landscaping is expected to affect only shallow depth soils. However, this activity will be
subject to the same requirements of law contained in Mitigation Measure CUL-3.
Overflow Parking: The proposed overflow parking lot has already been disturbed by grading
and vehicle use. Nonetheless, the potential exists for human remains to be uncovered during
proposed improvements. This activity will be subject to the same requirements of law
contained in Mitigation Measure CUL-3.
Soil Removal/Storage: The removal and storage of soils has no potential to unearth human
remains, insofar as the soils will have been inspected as part of the construction activities
described above. Soil removal and storage will not impact human remains.
Mitigation Measure CUL-3
Human Remains: Should buried human remains be discovered during grading or other
construction activities, in accordance with State law, the County coroner shall be contacted.
If the remains are determined to be of Native American heritage, the Native American
Heritage Commission and the appropriate local Native American Tribe shall be contacted to
determine the Most Likely Descendant (MLD).
3. Tribal Resources
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RESOLUTION NO. 2019-83
Threshold:
a) Would the Project cause a substantial adverse change in the significance of a tribal
cultural resource, defined in Public Resources Code Section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size
and scope of the landscape, sacred place, or object with cultural value to a California
Native American Tribe, and that is:
ii) a resource determined by the lead agency, in its discretion and supported by
substantial evidence, to be significant pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section 5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code Section 5024.1 h, the lead agency shall
consider the significance of the resource to a California Native American tribe.
Finding: Less than significant with mitigation (EIR, p. 2.5-16 through -18)
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas
No tribal cultural resources are known to exist on the Project site. However, the site is within
the Traditional Use Area of the ACBCI. Therefore, the potential exists for archaeological
resources to be uncovered during ground -disturbing activities, including the deep excavation
required for the parking structure and pool and lagoon backwash drainage structures. As
described in Section 2.5.6.b. of the EIR, the inclusion of construction staff training, and the
requirement for monitoring should resources be identified contained in Mitigation Measures
CUL-1 and CUL-2, will reduce these potential impacts to less than significant levels.
Off -Site Improvements
Stormwater Management: Installation of subsurface stormwater management infrastructure
will involve excavation and other soil disturbances that could uncover tribal resources.
Impacts will be less than significant with implementation of Mitigation Measures CUL-1 and
CUL-2.
Pool/Lagoon Discharge: Installation of subsurface pool and lagoon discharge pipes will
involve excavation and other soil disturbances that could uncover tribal resources. Impacts
will be less than significant with implementation of Mitigation Measures CUL-1 and CUL-2.
Golf Course Turf Reduction: Removal and replacement of existing turf with native landscaping
will result in soil disturbances. These areas have been previously disturbed for existing
landscaping, and since the replacement with drought -tolerant landscaping will occur in areas
and at depths that have previously been significantly disturbed, no impact is expected.
Overflow Parking: The parking lot has already been disturbed from grading and vehicle use,
and it is unlikely to harbor subsurface tribal resources. Nonetheless, there is limited potential
for such resources to be unearthed during ground -disturbing activities. Impacts will be less
than significant with implementation of CUL-1 and CUL-2.
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RESOLUTION NO. 2019-83
Soil Removal/Storage: The placement of soils off -site will not impact tribal resources, as any
resources would have been identified during collection of soils. This activity will not result in
any impact to tribal resources.
Mitigation Measure CUL-1
Worker Education Program_ Prior to commencing any phase of Project ground disturbance,
all personnel working onsite shall be required to complete a worker education program
performed by a qualified archaeologist that describes potential archaeological artifacts,
human remains, and other cultural materials that could be unearthed during the Project
development process, and the procedures required in the event such a discovery is made.
Mitigation Measure CUL-2
Monitoring: If buried cultural materials are encountered inadvertently during any earth -moving
operations associated with the Project, all work within 50 feet of the discovery should be
halted or diverted until a qualified archaeologist can evaluate the nature and significance of
the finds. The archaeologist shall prepare a findings report summarizing the methods and
results of the investigation, including an itemized inventory and detailed analysis of recovered
artifacts upon completion of field and laboratory work. The report shall include an
interpretation of the cultural activities represented by the artifacts and discussion of their
significance. The submittal of the report to the City and Tribal representative, as appropriate,
along with final disposition of the recovered artifacts in a manner consistent with
determination of the lead agency, Project archaeologist, and consulting tribes, will signify the
completion of the monitoring program and, barring unexpected findings of significance, the
mitigation of potential project impacts on cultural and tribal resources.
Overall, impacts to Tribal resources will be mitigated to less than significant levels through
implementation of Mitigation Measures CUL-1 and CUL-2.
D. GEOLOGY AND SOILS
1. Groundshaking
Threshold:
a) Would the Project directly or indirectly cause potential substantial adverse effects,
including the risk of loss, injury, or death involving:
ii) Strong seismic ground shaking?
Finding: Less than significant with mitigation (EIR, p.2.7-10 through -13)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
The Project is located within a seismically
structures to strong seismic ground shaking.
42
active area which could expose people or
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RESOLUTION NO. 2019-83
To address seismic hazards, the City has codified the 2016 CBC in Municipal Code Section
15.24.010, which requires that project structures be designed with adequate strength to
withstand the lateral dynamic displacements induced by the Design Basis Ground Motion,
which the CBC defines as the earthquake ground motion that has a 10-percent chance of
being exceeded in 50 years. The project will be required to comply with the CBC and all
California seismic design requirements, which would ensure that it would not expose persons
or property to significant injury or damage from strong seismic ground shaking hazards.
The site -specific Geotechnical Investigation Report includes several recommendations,
included as mitigation measures in the EIR. Implementation of mitigation measures GEO-6
and GEO-7 will ensure adequate uniform structural support for enclosed walls during strong
seismic groundshaking events. GEO-10 requires appropriate Asphalt Concrete Pavement
design and construction measures to minimize potential damage to proposed structures if
strong seismic ground shaking is encountered. GEO-13 requires compaction of up to 90
percent to minimize cracking of concrete flatworks.
Construction sites are at higher risk than fully developed structures during strong seismic
shaking because the standard measures that would protect a building and its occupants from
an earthquake are not yet in place. This means the damage could be more extensive to a
building under construction than for the same building after the construction is complete. To
minimize the loss of life during excavation, mitigation measure GEO-19 requires all
employees at the construction site to be trained in earthquake preparedness and identify safe
places near the construction site to make emergency evacuation possible. With
implementation of this mitigation measure, impacts associated with strong groundshaking will
be less than significant.
Adherence to the CBC, California seismic design requirements, the City's Municipal Code,
and the mitigation measures set forth herein would ensure potential impacts related to seismic
groundshaking at the surf lagoon, surf center, hotels, and villas would be less than significant.
Off -site Improvements
Stormwater Management: Active faults in the region have the potential to cause strong
groundshaking in the proposed Project area, and could result in shifting, breakage, or other
damage to proposed off -site storm drainage improvements and leakage of water. Mitigation
measure GEO-12 will require appropriate compaction of all utility trench backfill to minimize
damage caused by strong seismic shaking. With implementation of GEO-12, impacts would
be less than significant.
Pool/Lagoon Discharge: Water from the swimming pools and lagoon will be flushed to golf
course lakes via underground pipes which could be damaged during strong ground shaking.
New underground pipelines will be designed and installed accordingly to the California
Building Code to withstand ground shaking, and flushing of water from swimming pools and
the surf lagoon to the existing golf course lake will not create any new ground shaking hazards
to these lakes. As with the stormwater management system, mitigation measure GEO-12
requires the compaction of trench backfill, to minimize hazards to the pipes carrying the
discharge. Impacts would be less than significant with implementation of this mitigation
measure.
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RESOLUTION NO. 2019-83
Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert
landscaping will not create any ground shaking hazards in the Desert Willow Golf Course. ""
No impact will occur.
%am
Landscaping Improvements: Hardscape surfaces in landscaped areas could crack or buckle
during a seimic event; however, such damage would not pose a substantial risk or hazard to
people or property, and would be reduced to less than significant levels with the
implementation of mitigation measures GEO-10 and GEO-13, which address impacts to
hardscapes, asphalt and concrete.
Overflow Parking: The off -site parking area is already graded, and no new permanent
structures are proposed at the site. Seismic groundshaking could cause pavement to crack
or buckle; however, potential damage and hazards to people and property would be less than
significant with the implementation of mitigation measure GEO-10, which specifically
addresses impacts to asphalt and concrete.
Soil Removal/Storage: The project may require excavations of up to 20 feet of soil for placing
foundations and constructing the parking structures. Soils removed from the site will be
hauled either to other vacant areas of Desert Willow, or to an off -site location. Groundshaking
would not impact soil stockpiles.
Mitigation Measure GEO-6
Conventional Shallow Spread Footings: Adequate support for the proposed resort buildings
and surf lagoon enclosed walls will be provided through Conventional Shallow Spread .f
Footings.
wo
Mitigation Measure GEO-7
Slabs -on -Grade: Concrete slabs -on -grade must be placed on compacted engineered fill to
provide uniform support. A minimum slab thickness of 4-inches and a minimum reinforcement
consisting of #3 bars at 18-inches on center in each direction shall be required.
Mitigation Measure GEO-10
Asphalt Concrete Pavement: This shall be designed in accordance with Topic 608 of the
Caltrans Highway Design Manual to meet the following thickness for the site:
Pavement Material
Required Thickness
Asphalt Concrete Surface Course
3 inches
Class l/ Aggregate Base Course
4 inches
Compacted Subgrade Soil
12 inches
Mitigation Measure GEO-12
Utility Trench Backfilf. All utility trench backfill shall be compacted to a minimum relative
compaction of 90%.
Mitigation Measure GEO-13
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RESOLUTION NO. 2019-83
Exterior Concrete Flatwork: The subgrade soil below concrete flatwork areas shall first be
compacted to minimum relative compaction of 90 percent to minimize cracking of concrete
flatworks.
Mitigation Measure GEO-19
Prior to ground disturbing activities, all employees at the construction site shall be trained in
earthquake preparedness and identify safe places near the construction site to facilitate
emergency evacuation.
2. Seismic -Related Ground Failure
Threshold:
a) Would the Project directly or indirectly cause potential substantial adverse effects,
including the risk of loss, injury, or death involving:
iii) Strong seismic ground failure, including liquefaction?
Finding: Less than significant with mitigation (EIR, p. 2.7-13 and -14)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
The site is located on relatively flat ground but could be subject to slope instability, collapse,
or slumping during an earthquake, particularly in the subsurface parking garage, buildings,
pool and Lagoon backwash drainage structures, and the surf lagoon. In order to minimize the
potential for collapse, instability or slumping, mitigation measures GEO-1 through GEO-5 will
assure that soil is clean, adequately compacted, and that excavated slopes remain stable
during a seismic event. With implementation of these mitigation measures, impacts will be
reduced to less than significant levels.
Based on the Geotechnical Investigation Report14, the potential for liquefaction at the project
site is low due to depth to groundwater, which is greater than 200 feet below the surface.
Therefore, potential impacts related to liquefaction would be less than significant.
Off -site Improvements
Stormwater Management: Ground failure is usually caused by surface rupture along faults,
unstable soils, or liquefaction. The Project's connections to existing off -site storm drainage
systems will not result in a ground failure risk at the site because pipes will be located in
narrow trenches properly backfilled, and impacts would be less than significant.
Pool/Lagoon Discharge: Flushing of water from swimming pools and surf lagoon to the
existing golf course lakes will be via underground pipelines located in narrow trenches
properly compacted as described above. The discharge system will not be significantly
impacted by ground failure.
14 Geotechnical Investigation Report for the project site by Sladden Engineering in December 2018.
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RESOLUTION NO. 2019-83
Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert
landscaping will not create any ground failure hazards in the Desert Willow Golf Course
because no structural alterations will be required, and the replacement of turf with desert
landscaping will not expose these areas to ground failure. No impact is anticipated.
Landscaping Improvements: Landscaping improvements at the edges of the project to
connect to the existing golf course landscaping will not involve structures, and will not cause
any ground failure hazards in the Desert Willow Golf Course. No impact is anticipated.
Overflow Parking: The off -site parking area is already graded, and will be improved with
pavement, curbs and gutters. The installation of these facilities, with implementation of the
mitigation measures described above, will not result in ground failure or liquefaction.
Soil Removal/Storage: The proposed Project would involve some excavation. The
excavations are limited to 20 feet for the lagoon and subsurface parking garages. Localized
excavations, vehicle access and grading could potentially destabilize the soils and trigger a
localized landslide within excavated areas. Adverse effects to people or structures could be
significant if a shallow ground failure were to occur. Mitigation measure GEO-1, GEO-2, and
GEO-5 require the contractor to incorporate appropriate engineering design and construction
measures to address soil prone to ground failure. The potential for construction activities to
expose and adversely impact people and structures due to ground failure would be less than
significant with implementation of these mitigation measures.
Mitigation Measure GEO-1 ,,m
Site Clearing: Prior to commencement of remedial grading within the site, all existing
vegetation, associated root systems, and debris shall be cleared. Areas planned to receive %do
fill shall be cleared of old fill and any irreducible matter.
Mitigation Measure GEO-2
At Grade Structure Areas Requirements: All undocumented artificial fill and low -density native
surface soil shall be removed and re -compacted for the at -grade structures (e.g., spa building
and cabanas). Over -excavation should extend to a minimum depth of 3 feet below existing
grade or 3 feet below the bottom of the footings, whichever is deeper. The exposed native
soil shall be moisture conditioned to within 2 percent of optimum moisture content and
compacted to at least 90 percent relative compaction. Removals shall extend at least 5 feet
laterally beyond the footing limits.
Mitigation Measure GEO-3
Fill Placement and Compaction: Engineered fill shall be free of organic material, debris, and
other deleterious substances, and should not contain irreducible matter greater than 3-inches
in maximum dimensions. The imported fill shall meet the following criteria:
Plastic Index
<12
Liquid Limit
<35
% Soil Passing #200 Sieve
Between 15% and 35%
Maximum Aggregate Size
3 inches
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RESOLUTION NO. 2019-83
Mitigation Measure GEO-4
Shrinkage and Subsidence: Volumetric shrinkage of the material shall be between 10 and 15
percent.
Mitigation Measure GEO-5
Temporary Excavation: Temporary excavation up to 20 feet in depth may be required to
accomplish the proposed construction. Excavations to depth of 20 feet shall have slope cuts
no steeper than horizontal to one vertical (1:1).
3. Soil Erosion
Threshold:
b) Would the Project result in substantial soil erosion or the loss of topsoil?
Finding: Less than significant after mitigation (EIR, p. 2.7.15-2.7.17)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
The Project site is highly susceptible to wind erosion.15 Grading and construction will require
removal of the topsoil; however, grading and construction activities would occur in
accordance with erosion control requirements, including dust control measures, imposed by
the City pursuant to grading permit regulations. Specifically, project construction would be
required to comply with the City's Municipal Code Section 27.28.09016, including submittal
and approval of grading permits to ensure that the project does not generate excessive soil
erosion. City Municipal Code Sections 24.12.01017 and 24.20.05018 require preparation of a
fugitive dust (PM,o) mitigation plan and compliance with National Pollutant Discharge
Elimination System (NPDES) standards prior to and during construction.
A Water Quality Management Plan (WQMP)19 has been prepared for the proposed Project
which includes Best Management Practices (BMPs). These BMPs would be implemented
during grading and construction to reduce sedimentation and soil erosion, and in compliance
with City standards. Mitigation measures GEO-16 through GEO-18 specifically address and
mitigate the potential for soil erosion through watering or covering soils, and by prohibiting
construction activities during significant storms or wind events. In addition, project
15 Palm Desert General Plan, City of Palm Desert 2016; Figure 8-3.
16 Palm Desert Municipal Code 27.28.090 — Plans to Accompany Application.
17 Chapter 24.12 Fugitive Dust (PM10) Control, Palm Desert Municipal Code 24,12.010 — Purpose and
Intend.
18 Palm Desert Municipal Code 24.20.050 - Discharge of pollutants.
19 Preliminary Water Quality Management Plan for Tentative Map 37639 — DSRT SURF prepared by
The Altum Group, December 31, 2018.
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RESOLUTION NO. 2019-83
construction contractors will be required to comply with City grading permit regulations20,
which require dust control measures to reduce sedimentation and erosion.21 one
Off-site Improvements `-a
Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction, Landscaping
Improvements and Overflow Parking: The construction of these improvements will result in
loss of topsoil during construction. The same fugitive dust (PM1o) mitigation plan requirements
applicable to other components of the project would be applied to these improvements, which
would prevent substantial soil erosion and fugitive dust generation. Once constructed, these
facilities will not be subject to erosion.
Soil Removal/Storage: The project would require excavation of an estimated 20 feet deep
area, and the removal of 151,000 cubic yards of soil which could cause erosion and generate
blowsand. However, construction will occur incrementally and in measured stages, which will
allow control of soil moisture and stability. Mitigation measures GEO-16, GEO-17, and GEO-
18 will ensure that the loss of soils from strong wind events will be less than significant.
Mitigation Measure GEO-16
All project grading plans shall include a soil erosion prevention/dust control plan. Blowing dust
and sand during excavation and grading operations shall be mitigated by adequate watering
of soils prior to and during excavation and grading, and limiting the area of dry, exposed and
disturbed materials and soils during these activities. To mitigate against the effects of wind
erosion after site development, a variety of measures shall be implemented, including ...
maintaining moist surface soils, planting stabilizing vegetation, establishing windbreaks with
non-invasive vegetation or perimeter block walls, and using chemical soil stabilizers. NdO
Mitigation Measure GEO-17
There shall be a cessation of grading activities during rainstorms or high wind events. The
project contractor shall install flow barriers and soil catchments (such as straw bales, silt
fences, and temporary detention basins) during construction to control soil erosion.
Mitigation Measure GEO-18
All materials transported off -site shall be either sufficiently watered or securely covered to
prevent excessive amounts of spillage or dust.
4. Unstable Soils
Threshold:
c) Would the Project be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on or off -site
landslide, lateral spreading, subsidence, liquefaction or collapse?
Finding- Less than significant after mitigation (EIR, p. 2.7-17-2.7-20)
20 Palm Desert Municipal Code 27.12.160 — Building Permits and Chapter 24.12 — Fugitive Dust (PM10)
Control.
21 Palm Desert Municipal Code 27.12.065 — Erosion Control. `" s
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RESOLUTION NO. 2019-83
Explanation:
Surf Lagoon and Surf Center
The surf lagoon and surf center portion of the project site is currently partially developed and
does not contain unstable soils or geologic units. No fissure or other surficial evidence of
subsidence was observed at the project site. Based on the Geotechnical Investigation Report,
it is not susceptible to on- or off -site landslide, lateral spreading, subsidence, liquefaction, or
collapse; this is due to on -site conditions, distance from sloping terrain and foothills, and depth
to groundwater. The depth to groundwater is reported below 200 feet below ground surface
in this area.
Mitigation measure GEO-3 will require use of engineered fill free of unstable soil at the site to
reduce potential risks associated with lateral spreading, subsidence, liquefaction or collapse
for all components of the project. The implementation of this mitigation measure will reduce
impacts to less than significant levels.
Ground subsidence has been documented by the U.S. Geological Survey and CVWD in
portions of La Quinta, Palm Desert, and Indian Wells; the principal cause is believed to be
extraction of groundwater. The projected water consumption which could be drawn from the
on -site well, existing golf course well or from existing CVWD water supplies to accommodate
the lagoon is 73.04 AFY, which represents 0.00025% of total water in storage. No excessive
withdrawal of water is anticipated at the site, and so the potential for subsidence is considered
low. Consequently, impacts from subsidence, liquefaction or collapse would be less than
significant.
The project site is located at a distance of approximately 3.10 miles from the Santa Rosa
Mountains, therefore, it does not have any potential for landslide or lateral spreading. No
impact is anticipated.
Hotel and Villas
The hotel and villas portion of the Project is not susceptible to liquefaction, landslides, or
lateral spreading. Mitigation measure GEO-3 will require use of engineered fill free of unstable
soil at the site to reduce potential risks associated with lateral spreading, subsidence,
liquefaction or collapse for all components of the project. The implementation of this mitigation
measure will reduce impacts to less than significant levels.
The proposed hotel and villas would require approximately 76.89 AFY of water, or 0.00025%
of total water in storage. This component of the proposed Project is anticipated to use
approximately 8.54 AFY of recycled water for landscaping. The remaining 68.35 AFY of water
will be provided via connection to existing CVWD domestic water infrastructure. No excessive
withdrawal of water is planned at the site. No new well will be installed to serve this portion of
the Project, and therefore, it will not contribute to subsidence.
Off -site Improvements
Stormwater Management: The existing golf course waste areas which accommodate existing
storm flows are not located on an unstable soil to cause lateral spreading, subsidence, or
liquefaction. Similarly, the project's connection to off -site storm drain improvements to
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RESOLUTION NO. 2019-83
accommodate the Project's increase in stormwater runoff will not cause lateral spreading,
subsidence, or liquefaction. No impact is anticipated.
Pool/Lagoon Discharge: Flushing of water from swimming pools and surf lagoon to the
existing golf course lake located south of the Project site will not disturb any unstable soil to
cause lateral spreading, subsidence, or liquefaction. No impact is anticipated.
Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert
landscaping will not involve use of unstable soil to result in lateral spreading, subsidence, or
liquefaction. No impact is anticipated.
Landscaping Improvements: Landscaping at the project site will not involve use of unstable
soil to result in lateral spreading, subsidence, or liquefaction. No impact is anticipated.
Overflow Parking: The off -site parking area is already graded; it will be improved using
engineered fill compacted to City standards, through implementation of mitigation measure
GEO-3, which will assure that impacts are less than significant.
Soil Removal/Storage: Mitigation measure GEO-3 will require use of engineered fill free of
unstable soil at the site to reduce potential risks associated with lateral spreading,
subsidence, liquefaction or collapse. With mitigation, impacts will be less than significant.
Mitigation Measure GEO-3
Fill Placement and Compaction: Engineered fill shall be free of organic material, debris, and
other deleterious substances, and should not contain irreducible matter greater than 3-inches
in maximum dimensions. The imported fill shall meet the following criteria:
Plastic Index
<12
Liquid Limit
<35
% Soil Passing #200 Sieve
Between 15% and 35%
Maximum Aggregate Size
3 inches
3. Unique Paleontological/Geologic Feature
Threshold:
f) Would the Project directly or indirectly destroy a unique paleontological resource or
site or unique geologic feature?
Finding: Less than significant after mitigation (EIR, p.2.7-21 and -22)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
The Project site is not known to contain unique paleontological features; however,
construction activities have the potential to reveal Quaternary -age alluvium which has an
unknown paleontological resource sensitivity. To reduce the potential impacts to
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RESOLUTION NO. 2019-83
paleontological resources due to excavation activities, mitigation measure GEO-15 is
required. A qualified paleontologist will be required to evaluate any buried paleontological
materials discovered during earth -moving operations at the site to reduce Project impacts to
less than significant levels.
Off -site Improvements
Stormwater Management: No unique paleontological resource or geologic feature is
anticipated to be affected by connecting the site to the golf course's storm drainage system
because it will not require deep excavation or grading. No impact is anticipated.
Pool/Lagoon Discharge: Extension of the pipelines to the golf course lake would not require
deep excavation so no unique paleontological resource or geologic feature is anticipated to
be affected. No impact is anticipated.
Golf Course Turf Reduction: Removal and replacement of existing turf areas with desert
landscaping in the Desert Willow Golf Course will not affect any paleontological resource or
geologic feature as these activities will be surficial. No impact is anticipated.
Landscaping Improvements: Landscaping at the project site will not affect any paleontological
resource or geologic feature as these activities will be surficial improvements. No impact is
anticipated.
Overflow Parking: The off -site parking area is already graded. Improvements to the parking
area would not affect any paleontological resource or geologic feature as these activities will
be surficial. No impact is anticipated.
Soil Removal/Storage: The removal of soils has the potential to unearth paleontological
resources. However, implementation of mitigation measure GEO-15 will reduce potential
impacts to less than significant levels.
Mitigation Measure GEO-15
If buried paleontological materials are discovered inadvertently during any earth -moving
operations associated with the project, all work within 50 feet of the discovery shall be halted
or diverted until a qualified paleontologist can evaluate the nature and significance of the
finds.
E. HAZARDS AND HAZARDOUS MATERIALS
Threshold:
f) Would the Project impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
Finding: Less than significant with mitigation incorporated. (ElR, p. 2.9-11 through -13)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
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RESOLUTION NO. 2019-83
The majority of construction activities would be confined to the Project site itself; however, OWN
limited infrastructure improvements may require some work in adjacent street rights -of -way
(Desert Willow Drive and Willow Ridge). These roadways could be used by people evacuating �r
the area during an emergency. Although construction activities may require temporary lane
closures, appropriate traffic management and control plans would be followed pursuant to
mitigation measures TRANSP-15 and -16. Therefore, the proposed Project would not
physically interfere with emergency response or evacuation plans. Impacts would be less
than significant.
Access to the Project will be taken from Desert Willow Drive, and through the perimeter
roadway within the proposed Project. Occasionally, special events would be conducted at the
lagoon site, increasing traffic on major roadways. This increase in traffic will not cause
significant deterioration in roadway operations (See EIR Section 2.15 Transportation). In
addition, to control the traffic on these roads, a Special Event Traffic Management Plan would
be prepared for each special event, as described in Mitigation Measures TRANSP-5 through
-14 (see Section 5.1., below). With implementation of these measures, special events
occurring within the Project will have less than significant impacts on emergency evacuation
plans.
Off -Site Improvements:
Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction, Landscapinq
Improvements, and Overflow Parking: The areas where off -site improvements will occur are
not located within or along a designated emergency evacuation route. In addition, wr
construction vehicles trips and activities would not physically interfere with any emergency
response plan. No impact is anticipated.
Soil Removal/Storage: To minimize impacts on major roadways, all Project components,
including the staging of haul trucks, will be subject to plan review by the Public Works, Fire,
and Police Departments as required by mitigation measure TRANSP-15 (see Section 5.1,
below). Any trucks transporting soil off -site to the Classic Club will be temporary travel and
after construction is complete, soil removal/storage will cease, and this Project component
will have no impact on emergency access or plan.
Mitigation Measure TRANSP-5
The Project proponent shall coordinate with City staff to prepare, refine, and approve a
Special Event Traffic Management Plan that facilitates the safe and efficient movement of
special event traffic, shuttles, and pedestrians. A master management plan shall be prepared
that details all potential measures required for a special event, which shall be supplemented
with individual plans addressing specific special events based on their size and duration. The
Special Event Traffic Management Plan shall be submitted to the City prior to certificate of
occupancy for the Surf Center. Individual management plans for specific special events shall
be submitted at least 30 days prior to the start of the event. The Special Event Traffic
Management Plan shall include the measures identified in Mitigation Measures TRANSP-6
through 14, below. ""
Mitigation Measure TRANSP-6
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RESOLUTION NO. 2019-83
Shuttle service shall be provided to transport spectators between the Project site and overflow
parking lot via Desert Willow Drive, and for any other off -site parking location required to
accommodate the parking requirements for each special event. The calculation for number
of parking spaces required shall be based on the number of planned attendees, divided by
2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the "Desert Wave Traffic
Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019).
Shuttle routes and stops shall be identified in the Special Event Traffic Management Plan.
Mitigation Measure TRANSP-7
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the use of portable changeable message signs (CMS) along Country Club Drive and Cook
Street to facilitate event traffic to and from on -site and off -site parking.
Mitigation Measure TRANSP-8
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the use of law enforcement personnel and/or special event flaggers to direct traffic at the
following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market
Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive &
Project entrance. Any plans involving law enforcement personnel shall be coordinated with
the Palm Desert Police Department.
Mitigation Measure TRANSP-9
In developing the Special Event Traffic Management Plan, the Project proponent and City
shall include the use of public service announcements (PSA) to provide information to event
guests prior to the event. Examples include, but are not limited to, online event information
(i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event,
and brochures.
Mitigation Measure TRANSP-10
The City shall provide traffic signal timing adjustments based on the expected peak arrival
and departure periods of the special event at the following locations: 1) Desert Willow Drive
& Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country
Club Drive.
Mitigation Measure TRANSP-11
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the designation of convenient and accessible drop-off and pick-up areas to promote
ridesharing and reduce parking demands. The Plan may also include short-term parking with
time restrictions of 10-15 minutes for staging areas for ridesharing vehicles.
Mitigation Measure TRANSP-12
In developing the Special Event Traffic Management Plan, the Project proponent shall include
providing off -site parking facilities for employees to increase available on -site parking for
guests. Employee parking sites shall be served by shuttles that transport employees to and
from the Project site.
Mitigation Measure TRANSP-13
In developing the Special Event Traffic Management Plan, the Project Proponent shall include
implementing valet parking to increase available on -site parking capacity.
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RESOLUTION NO. 2019-83
Mitigation Measure TRANSP-14
The Project proponent shall demonstrate availability of additional parking spaces at Desert
Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special
event. Shuttle service to/from the Project site shall be provided to serve all off -site parking
locations.
Mitigation Measure TRANSP-15
Prior to site disturbance, construction staging plans shall be approved by the Public Works,
Fire, and Police Departments to assure they adequately consider and account for temporary
detours, changing access to business and residential areas, and emergency access, and that
they cause minimal disruption to adjoining streets and land uses, during all phases of Project
development.
Mitigation Measure TRANSP-16
The Construction Manager shall be required to identify and promptly repair any Project -
related damage to existing public roads upon completion of each phase of Project
development. The Construction Manager shall monitor the condition of these routes
throughout the construction process and, in the event of an accidental load spill or other
Project -related incident, shall arrange for the immediate clean-up of any material with street
sweepers or other necessary procedures.
F. HYDROLOGY AND WATER QUALITY
1. Water Quality Standards and Groundwater Management
Thresholds:
a) Would the Project violate any water quality standards or waste discharge
requirements or otherwise substantially degrade surface or ground water quality?
e) Would the Project conflict with or obstruct implementation of a water quality control
plan or sustainable groundwater management plan?
Findin : Less than significant with mitigation incorporated. (EIR, p. 2.10-13 through -18)
Explanation:
Surf Lagoon, Surf Center, Hotels, Villas and Off -site Improvements
All aspects of the Project will be required to comply with NPDES regulations and the BMPs
set forth in the Project -specific WQMP, which minimize the pollutant load associated with
urban runoff during construction and operation of the lagoon, surf center, hotel, or villas. The
imposition of conditions of approval, local, and state standard requirements and the
requirements of the law will assure that the Project will not violate any water quality standards
or waste discharge requirements. With the implementation of mitigation measures HYD-1
through HYD-3, Project impacts would be less than significant.
Mitigation Measure HYD-1
BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water
quality impacts resulting from the Project meet the City's NPDES standards.
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RESOLUTION NO. 2019-83
Mitigation Measure HYD-2
Exposed soil from excavated areas, stockpiles, and other areas where ground cover is
removed shall be stabilized by wetting or other approved means to avoid or minimize the
inadvertent transport by wind or water.
Mitigation Measure HYD-3 The Project shall be subject to NPDES Construction General
Permit requirements.
2. Groundwater Supplies
Threshold:
b) Would the Project substantially decrease groundwater supplies or interfere
substantially with groundwater recharge such that the project may impede sustainable
groundwater management of the basin?
Finding: Less than significant with mitigation (2.10-18 through -25)
Explanation:
Surf Lagoon, Surf Center, Hotels, Villas and Off -site Improvements
The proposed Project will require water for domestic use and landscape irrigation. Based on
the Water Supply Assessment (WSA) prepared for the Project, the whole Project would
require approximately 165.21 AFY of water at buildout. This is approximately 0.14 percent of
CVWD's anticipated 2020 total urban water demand of 114,600 AF, and approximately 0.09
percent of CVWD's anticipated 2040 total urban water demand of 194,300 AF. The WSA
requires that the Project implement a Turf Reduction Plan on the Firecliff and Mountain View
Golf Courses, which will reduce current irrigation water consumption and offset the water
demand of the proposed Project for the lagoon, surf center, hotel, and villas. It is anticipated
that the replacement of 1,035,325 square feet of turf with desert landscaping (drought tolerant
plants) will save approximately 106.75 AFY of water. On that basis, the net water demand
will be 58.46 AFY. This represents approximately 0.05 percent of the total projected water
supply of 114,600 AF for 2020, and would represent 0.03 percent of the total projected water
supply of 194,300 AF for 2040.
The Turf Reduction Program is anticipated to occur concurrent with the construction of the
Project, and implementation of Mitigation Measure HYD-4 will assure that the Turf Reduction
Program is completed prior to the lagoon's operation.
As described in the Project's WSA, CVWD has sufficient water supplies to meet the demands
of the Project for the next 20 years. This result is based on the volume of water available in
the aquifer, CVWD's Colorado River contract supply, SWP Table A amounts, water rights,
and water supply contracts, and CVWD's commitment to eliminate overdraft and reduce per
capita water use in CVWD's service area. Based on these findings, the Project will not
substantially deplete groundwater supplies or interfere with groundwater recharge such that
there would be a net deficit in aquifer volume or a lowering of the local groundwater table
level. With implementation of mitigation measure HYD-4, impacts will be less than significant.
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RESOLUTION NO. 2019-83
Mitigation Measures HYD-4
The Turf Reduction Program shall be completed prior to the issuance of certificates of
occupancy for the surf center.
3. Drainage Patterns: Erosion and Siltation
Threshold:
c) Would the Project substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river or through the
addition of impervious surfaces, in a manner which would.
i) result in substantial erosion or siltation on- or off -site?
Finding: Less than significant with mitigation (EIR, p. 2.10-25 through -27)
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas
Topographically, the Project site consists of flat terrain with a gradual slope toward the
south .22 Stormwater percolates into ground surface soils or sheet flows to the south. There
are no streams or rivers onsite.
Development of the proposed Project will result in demolition of the existing parking lot, onsite
grading, and removal of soils to accommodate construction of the lagoon and surf center,
construction of impermeable surfaces (buildings, pools, driveways, sidewalks, patios,
hardscapes, etc.), as well as new stormwater conveyance pipes that connect to existing
drainages within the Desert Willow Golf Course. The proposed Project will alter existing
drainage patterns onsite, but proposed stormwater management improvements are designed
to adequately manage Project drainage such that the Project will not result in substantial
erosion or siltation.23
Drainage waste areas are already available off -site for retaining the 100-year storm event.
The Desert Willow drainage plan was designed to accommodate all 100-year storm flows
throughout the development. The Project drainage plans integrate into the existing Desert
Willow drainage program, and tie into the existing facilities to the northwest and south of the
site. The proposed Project also includes a WQMP which provides for BMPs to control erosion
and sedimentation entering the proposed drainage pipes. These requirements, to be
implemented by mitigation measure HYD-1, will assure that impacts associated with erosion
and siltation are reduced to less than significant levels.
Off -site Improvements
22 Geotechnical Investigation Report prepared by Sladden Engineering in 2018 (Page 2).
23 Preliminary Hydrological Report for Tentative Tract Map No. 37639 — DSRT SURF prepared by The
Altum Group, December 3, 201 B.
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RESOLUTION NO. 2019-83
Stormwater Management and Pool/Lagoon Discharge: The development of the Project will
result in an increase in surface runoff, due to increases in the amount of impervious surfaces.
This lowers the infiltration rate through the Project site, resulting in the necessity for an on -
site drainage system connecting to the existing Desert Willow drainage facilities. Construction
of the connections to the existing system will consist of trenching in the existing golf course,
laying pipe, and covering and restoring landscaping. These activities will be undertaken to
City standards, including storm water BMPs included in both WOMP(s) and SWPPP(s) for
these parts of the Project. Because these off -site improvements will be subject to mitigation
measure HYD-1, and with City requirements for the protection of surface waters, impacts will
be reduced to less than significant levels.
Golf Course Turf Reduction: The existing turf areas are not causing any erosion or siltation.
Implementation of mitigation measures HYD-1 and HYD-2 will reduce the potential of erosion
and siltation during turf reduction activities. Impacts would be less than significant with the
implementation of these measures.
Landscaping Improvements: The landscaping of the edge of the proposed Project's transition
to the golf course could result in both wind and water erosion. Implementation of mitigation
measures HYD-1 and HYD-2 will reduce the potential of erosion and siltation during
landscaping activities. Impacts would be less than significant with the implementation of these
measures.
Overflow Parking: The existing off -site parking area is graded. Improvement of the lot will
increase the impermeable surfaces on the site. As discussed above, the off -site parking would
be required to retain storm waters on site, and to implement BMPs to contain eroded
materials, consistent with City standards. Mitigation measures HYD-1 and HYD- 2 will assure
that impacts associated with erosion and siltation are reduced to less than significant levels.
Soil Removal/Storage: Construction of the proposed Project would require excavation and
grading for new utility lines, access roads, trenching for the underground parking structures,
and excavation and grading for surface parking lots. Soil material would be exposed to
erosion or siltation. However, mitigation measures HYD-1 and HYD-2, and the City's
requirements for dust control plans will reduce potential of soil erosion during excavation and
transportation of excavated soil to less than significant levels.
Mitigation Measure HYD-1
BMPs, as described in the Project -specific WOMP, shall be implemented to ensure that water
quality impacts resulting from the Project meet the City's NPDES standards.
Mitigation Measure HYD-2
Exposed soil from excavated areas, stockpiles, and other areas where ground cover is
removed shall be stabilized by wetting or other approved means to avoid or minimize the
inadvertent transport by wind or water.
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RESOLUTION NO. 2019-83
4. Drainage Patterns: Runoff and Flooding
Threshold:
c) Would the Project substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river or through the
addition of impervious surfaces, in a manner which would:
ii) substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on- or off -site;
iii) create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of
polluted runoff; or
iv) impede or redirect flood flows?
Findinq: Less than significant with mitigation (EIR, p. 2.10-28 through -30)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
During construction, the proposed Project would not alter a floodway in a manner that would
redirect or impede flow during construction. Construction impacts due to development of the
lagoon, surf center, hotel and villas would be minimized through compliance with the General
Construction Activity Stormwater Permit, including implementation of a SWPPP and the MS4
Permit. The permit requires preparation and implementation of a SWPPP that must include
erosion and sediment control BMPs that would meet or exceed measures required by the
determined risk level of the Construction General Permit. A construction site monitoring
program that identifies monitoring and sampling requirements during construction is a
required component of the SWPPP. Impacts will be less than significant.
Development of the lagoon, surf center, hotel and villas would alter existing on -site drainage
patterns and flowpaths with the addition of new impervious surfaces. The Project includes tie-
in to the existing storm drain system within the Desert Willow Golf Course for all planned
components.
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The lagoon will be designed as a "self -treating area," which would not be generating any
surface runoff during regular operational activities. Water from the lagoon will be discharged
in to the artificial lake located south of the golf course via evacuation line. This water will be
treated prior to discharge. The surf center and associated parking structure are located in
sub -drainage areas 3 and 4, which are designed to carry stormwater into two existing
drainage waste areas located northwest and southeast of the site within the Desert Willow
Golf Course. The lake and existing drainage waste areas have enough capacity to
accommodate water from the lagoon and subareas 3 and 4 and would not exceed its capacity
to cause surface runoff and flooding.
The hotel and villas are located in sub -drainage areas 1 and 2 which are designed to carry ""
surface runoff or stormwater into two existing drainage waste areas located northwest and
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RESOLUTION NO. 2019-83
south of the site within the Desert Willow Golf Course. These existing drainage waste areas
in the Desert Willow Golf Course have adequate capacity to accommodate projected flows
from the hotel and villas.
Overall, the Project would generate runoff due to increased amounts of impervious surfaces;
however, it is not anticipated to create or make a significant contribution to runoff which would
exceed the capacity of the existing storm drain system within the Desert Willow Golf Course
and add substantial additional sources of polluted runoff. With compliance with the MS4
Permit, and implementation of mitigation measures HYD-1 through HYD-3, the operational
impacts would be less than significant.
Off -site Improvements
Stormwater Management: The off -site stormwater pipes that will connect to the existing golf
course facilities will be part of the overall drainage plan for the Project, and will therefore not
increase runoff, but instead manage it. Pollutant control will be effected through the
implementation of mitigation measures HYD-1 through HYD-3. With implementation of these
mitigation measures, impacts will be reduced to less than significant levels.
Pool/Lagoon Discharge: Water flushed from pools and the lagoon during daily operations will
be treated, as required, and conveyed via an underground pipe to the golf course lake. These
activities are part of the daily maintenance of the Project, and will not impact flooding, as any
water accumulated in the lagoon or pools would be accommodated in these facilities, and
would not increase on -site flows.
Golf Course Turf Reduction and Landscaping Improvements: Turf areas within the golf course
currently are part of the existing golf course drainage plan, and drain into existing facilities.
Replacement of turf with desert landscaping will not change these conditions, or the amount
of stormflow generated in these areas. No impact is anticipated.
Overflow Parking: This parking lot will be improved without any significant changes to its
existing drainage pattern, with the addition of required retention facilities. The requirements
of mitigation measures HYD-1 through HYD-3 will apply to this component of the Project,
reducing impacts to less than significant levels
Soil Removal/Storage: Soil removal and distribution on off -site locations will not contribute to
increased storm flows. The distribution of soils on other parts of the golf course, or its transport
to an off -site location at the Classic Club would not impact flood control systems. In either
case, soil would be integrated into existing facilities, and storm flows would not be affected.
No impact is anticipated.
Mitigation Measure HYD-1
BMPs, as described in the Project -specific WQMP, shall be implemented to ensure that water
quality impacts resulting from the Project meet the City's NPDES standards.
Mitigation Measure HYD-2
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RESOLUTION NO. 2019-83
Exposed soil from excavated areas, stockpiles, and other areas where ground cover is
removed shall be stabilized by wetting or other approved means to avoid or minimize the OWN
inadvertent transport by wind or water.
6-0
Mitigation Measure HYD-3
The Project shall be subject to NPDES Construction General Permit requirements.
G. PUBLIC SERVICES
Threshold:
a) Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
• Fire protection
• Police protection
Finding: Less than significant with mitigation (EIR, p. 2.14-6 through -14)
Explanation:
am
The construction of all components within the proposed Project will result in a potential
increase in the need for security to prevent theft or vandalism of construction activities and w
equipment. This potential impact can be avoided with the implementation of mitigation
measure PS-4, which requires that construction sites and equipment and storage areas be
fenced and locked outside of construction hours.
Surf Lagoon and Surf Center
In addition to the public access points provided on Desert Willow Drive, a third emergency
access will be provided at the northwestern portion of the project, from the adjacent Westin
project Willow Ridge roadway. The internal roadway system would be designed to provide
looped secondary emergency vehicle access and egress. Fire lanes, turning radii and back
up space around buildings will require approval of the Fire Marshall, so as to be assure
adequate access for emergency and fire equipment vehicles.
The operation of the lagoon and surf center will increase the demand for police and fire
protection and emergency response services. Increased risks may include water safety and
emergency medical incidents, particularly at the surf lagoon and during special events.
Overall, with the buildout of the proposed lagoon and surf center, the net increase in persons
at the project site on a daily basis would not require a substantial increase in police or fire
protection services in order to maintain the current service ratio for these services. No new
or expanded stations, the construction of which could cause significant environmental
impacts, would be needed as a result of the proposed Project. However, additional police and am
fire department support may be required during special events, and private security personnel
we
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RESOLUTION NO. 2019-83
should be employed onsite to minimize additional demands for police services. To assure
that impacts associated with public safety services are mitigated, Mitigation Measures PS-1
through PS-3 require the provision of private security services on site, and the coordination
and approval of RCSD for special events. With implementation of Mitigation Measures PS-1
through PS-3, impacts to police and fire protection services would be less than significant.
Hotel and Villas
The major public roads that serve the Project site are the same as those described above for
the surf lagoon and surf center. The same requirements for fire lanes, turning radii and back
up space around buildings will apply to the hotel(s) and villas, and will require approval of the
Fire Marshall.
The Project's demand for services is expected to be consistent with that of other residential
and resort development in the Project vicinity. It is not expected to require the construction of
new or physically altered facilities that might result in physical environmental impacts. Impacts
are expected to be less than significant.
Off -site Improvements
Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction and
Landscaping Improvements: These components of the Project would not generate any
demand for police or fire protection services, therefore, no impact is anticipated.
Overflow Parking: The use of the off -site parking facility will be associated with the special
events held at the Surf Lagoon, and would be tied to safety and traffic plans for these events.
The use of the parking lot will have similar impacts to fire protection during special events as
the surf center, and would be subject to Mitigation Measures PS-2 and PS-3, assuring that
impacts are reduced to less than significant levels.
Soil Removal/Storage: These components of the Project would not generate any demand for
police or fire protection services, therefore, no impact is anticipated.
Mitigation Measure PS-1
All components of the Project shall be required to employ on -site private security.
Mitigation Measure PS-2
Per the City's Municipal Code Sections 5.87.180 and 5.100.02024, at least two weeks prior to
a special event at the lagoon area, the applicant shall file a "Special Event Temporary
Entertainment Permit." Event notifications and specifics shall be approved in advance with
the RCSD and Fire Marshall prior to scheduled events.
Mitigation Measure PS-3
Project facilities shall be designed and maintained to maximize public safety, including
providing secure facilities access and parking, adequate nighttime lighting, maximization of
defensible space and minimization of "dead zones, "and professional security personnel. The
24 Palm Desert Municipal Code 5.87.180 (Special events notification required) and 5.100.020 (Special
event temporary entertainment permit required).
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RESOLUTION NO. 2019-83
Project proponent shall coordinate with the Police Department to assure the Project is
designed to address these and other safety concerns.
Mitigation Measure PS-4
During construction, excavation areas, construction staging, and storage areas shall be
fenced and locked. All equipment shall be returned to staging and storage areas at the end
of each work day.
H. TRAFFIC AND TRANSPORTATION
1. Circulation System Compliance
Threshold:
a) Does the Project conflict with a program, plan, ordinance or policy addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities?
Finding: Less than significant with mitigation (EIR, p. 2.15-12 through -23)
Explanation:
Surf Lagoon, Surf Center, Hotels and Villas
Palm Desert LOS Policy
According to the Palm Desert General Plan, the City's optimal level -of -service for
intersections and roadway segments is LOS C, but LOS D is considered the minimum
acceptable service level. The Traffic Impact Analysis (TIA) determined that the intersection
at Cook Street and Market Place Drive currently operates at an unacceptable LOS during PM
peak hours, and with the addition of the Project, it will continue to operate at an unacceptable
LOS during one or more peak hours. Mitigation will be required to reduce impacts to less than
significant levels, as provided in mitigation measure TRANSP-1, which requires that the
Project pay its fair share of the installation of a traffic signal at this location. Further, the
Development Agreement requires that the payment be made by the Project proponent, and
that the City install the signal prior to the issuance of a certificate of occupancy for the Surf
Center. This assures that the improvement will be complete at the time that the Project is
operational, and that the impact will be less than significant when the Project begins
operations.
TIA Assumptions and Scenarios
The TIA evaluated five (5) Project impact scenarios. Detailed descriptions, data tables, and
exhibits are contained in the TIA (Appendix H of the EIR). Where ambient growth was
included in the analysis, an ambient growth factor of 6.12% (2% per year over 3 years,
compounded annually) was used to account for background traffic growth.
1. Existing Conditions Plus Project E+P: As shown in Tables 2.15-2 through -3 of the
EIR, E+P conditions will result in unacceptable LOS at the intersection of Cook Street
and Market Place Drive.
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RESOLUTION NO. 2019-83
2. Existinq Conditions + Ambient Growth + Proiect (EAP (2022, Typical Operation)): As
shown Tables 2.15-5 and -6 of the EIR, EAP (2022, Typical Operation) conditions will
result in unacceptable LOS at the intersection of Cook Street and Market Place Drive.
3. EAP (2022, Special Event) (Existing Conditions + Ambient Growth + Proiect): Special
event analysis assumes weekend arrival and departure peak hours. As shown in
Tables 2.15-8 and -9 of the EIR, EAP (2022, Special Event) conditions will result in
unacceptable LOS at the intersection of Cook Street and Market Place Drive.
The TIA also analyzed potential impacts of the proposed Project on the 1-10 freeway ramps
at Cook Street, since special events are expected to attract travelers from more distant
locations that will require freeway travel. As shown in Table 2.5-11 of the EIR, the freeway
off -ramps will operate at acceptable levels during special events.
With installation of a traffic signal (Mitigation Measure TRANSP-1), the Cook Street and
Market Place Drive intersection will operate at an acceptable LOS. Expansion of the
eastbound left turn lane on Market Place Drive at Cook Street to a minimum of 165 feet
(Mitigation Measure TRANSP-2) will also reduce Project impacts at this intersection.
Mitigation measures TRANSP-3 and TRANSP-4 will further enhance site access and traffic
safety at the Project site by requiring implementation of onsite traffic signing and striping plans
and review of sight distance at Project access points.
Transit, Bicycle, and Pedestrian Facilities
The surf lagoon, surf center, hotel, and villas will have no impact on transit, bicycle, or
pedestrian facilities. The Project will not impact sidewalks or golf paths within Desert Willow
Golf Course. It does not propose new transit or bicycle facilities, or modifications to existing
ones, and will not conflict with any such programs, plans, ordinances, or policies. Internal
walkways and trails will connect to existing sidewalks and pathways on Desert Willow Drive,
which then connect to sidewalks on Country Club Drive.
Off -Site Improvements
Stormwater Management, Pool/Lagoon Discharge, Golf Course Turf Reduction and
Landscaping Improvements: These Project component involve installation of subsurface
infrastructure and landscaping. They will have no impact on circulation system plans, policies,
or programs.
Overflow Parking: It is expected that the proposed Project will host special events that could
result in up to 3,500 guests. Additional parking for such events is planned at the overflow
parking lot at the southeast corner of Desert Willow Drive and Market Place Drive. Preliminary
designs for this parking lot estimate that approximately 285± parking spaces can be provided
in a fully improved parking lot.
The TIA determined that with a fully attended special event, up to 1,459 vehicles would
require parking during a special event day. This estimate is based on the estimated number
of guests at special events (3,500) and a vehicle occupancy ratio of 2.4 persons per vehicle.
The TIA further determined that since these guests would be coming and going, up to 1,021
parking spaces would be required to accommodate a special event. In addition to the 285
parking spaces available at the overflow parking lot, up to 736 additional parking spaces
would be required. Off -site parking venues and shuttle service would be required to
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RESOLUTION NO. 2019-83
supplement the Project's parking demand. A number of off -site locations are possible,
including a portion of the 13,000 parking spaces available at the Indian Wells Tennis Garden,
which has indicated that it would have capacity to rent parking spaces to the proposed Project
for special events. Without additional off -site parking, however, potential impacts associated
with parking and site access could result in significant impacts to the Project site and
surrounding roadway network. However, implementation of mitigation measures TRANSP-5
through TRANSP-14 will reduce potential impacts to less than significant levels. They require
the Project proponent to implement a Special Event Traffic Management Plan that uses
temporary signage, flaggers, traffic signal timing adjustments, shuttle services, and other
mechanisms to facilitate the movement of special event traffic and reduce impacts to roads
in the Project vicinity. With implementation of these mitigation measures, parking impacts
during special events will be reduced to less than significant levels.
Soil Removal/Storage: The removal and storage of soils will have no impact on circulation
plans, policies, or programs. Any haul trucks transporting excess Project soils to the Classic
Club (2.5 miles to the north) can be expected to use Country Club Drive and Cook Street,
both of which are designated truck routes.
Mitigation Measure TRANSP-1
The Project proponent shall pay its fair share of the costs of installing a traffic signal at the
intersection of Cook Street and Market Place Drive. The fair share amount shall be 12.1 %,
as defined in Table 1-5 of the `DSRT SURF Traffic Impact Analysis, City of Palm Desert, "
prepared by Urban Crossroads, March 4, 2019. Signal timing shall be coordinated with the
traffic signal at the intersection of Cook Street and Country Club Drive.
Mitigation Measure TRANSP-2
The Project shall extend the eastbound left turn lane on Market Place Drive at Cook Street to
provide a minimum of 165 feet of storage.
Mitigation Measure TRANSP-3
Onsite traffic signing and striping shall be implemented in conjunction with detailed
construction plans for the Project site.
Mitigation Measure TRANSP-4
Sight distance at each Project access point shall be reviewed with respect to Caltrans and
City of Palm Desert sight distance standards at the time of preparation of final grading,
landscape, and street improvement plans.
Mitigation Measure TRANSP-5
The Project proponent shall coordinate with City staff to prepare, refine, and approve a
Special Event Traffic Management Plan that facilitates the safe and efficient movement of
special event traffic, shuttles, and pedestrians. A master management plan shall be prepared
that details all potential measures required for a special event, which shall be supplemented
with individual plans addressing specific special events based on their size and duration. The
Special Event Traffic Management Plan shall be submitted to the City prior to certificate of
occupancy for the Surf Center. Individual management plans for specific special events shall
be submitted at least 30 days prior to the start of the event. The Special Event Traffic
Management Plan shall include the measures identified in Mitigation Measures TRANSP-6
through 14, below.
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RESOLUTION NO. 2019-83
Mitigation Measure TRANSP-6
Shuttle service shall be provided to transport spectators between the Project site and overflow
parking lot via Desert Willow Drive, and for any other off -site parking location required to
accommodate the parking requirements for each special event. The calculation for number
of parking spaces required shall be based on the number of planned attendees, divided by
2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the "DSRT SURF Traffic
Impact Analysis, City of Palm Desert," prepared by Urban Crossroads, March 4, 2019).
Shuttle routes and stops shall be identified in the Special Event Traffic Management Plan.
Mitigation Measure TRANSP-7
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the use of portable changeable message signs (CMS) along Country Club Drive and Cook
Street to facilitate event traffic to and from on -site and off -site parking.
Mitigation Measure TRANSP-8
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the use of law enforcement personnel and/or special event flaggers to direct traffic at the
following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market
Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive &
Project entrance. Any plans involving law enforcement personnel shall be coordinated with
the Palm Desert Police Department.
Mitigation Measure TRANSP-9
In developing the Special Event Traffic Management Plan, the Project proponent and City
shall include the use of public service announcements (PSA) to provide information to event
guests prior to the event. Examples include, but are not limited to, online event information
(i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event,
and brochures.
Mitigation Measure TRANSP-10
The City shall provide traffic signal timing adjustments based on the expected peak arrival
and departure periods of the special event at the following locations: 1) Desert Willow Drive
& Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country
Club Drive.
Mitigation Measure TRANSP-11
In developing the Special Event Traffic Management Plan, the Project proponent shall include
the designation of convenient and accessible drop-off and pick-up areas to promote
ridesharing and reduce parking demands. The Plan may also include short-term parking with
time restrictions of 10-15 minutes for staging areas for ridesharing vehicles.
Mitigation Measure TRANSP-12
In developing the Special Event Traffic Management Plan, the Project proponent shall include
providing off -site parking facilities for employees to increase available on -site parking for
guests. Employee parking sites shall be served by shuttles that transport employees to and
from the Project site.
Mitigation Measure TRANSP-13
In developing the Special Event Traffic Management Plan, the Project Proponent shall include
implementing valet parking to increase available on -site parking capacity.
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Mitigation Measure TRANSP-14 mom
The Project proponent shall demonstrate availability of additional parking spaces at Desert
Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special "m+
event. Shuttle service to/from the Project site shall be provided to serve all off -site parking
locations.
2. Emergency Access
Threshold:
d) Would the Project result in inadequate emergency access?
Finding: Less than significant with mitigation (EIR, p. 2.15-29 and -30)
Explanation:
Surf Lagoon, Surf Center, Hotel and Villas
Emergency vehicles will be able to access the surf lagoon, surf center, hotel, and villas via
two main driveways on Desert Willow Drive and a gated emergency entrance on Willow
Ridge. The internal roadway will provide vehicular access around the perimeter of the lagoon.
Prior to the initiation of any site disturbance, the Project proponent will be required to confer
with the City Public Works, Fire, and Police departments to assure that demolition (of the
existing parking lot), grading, and construction plans provide adequate emergency access.
All development plans will be reviewed by the Police and Fire Departments to assure that
adequate fire lanes, vehicle turning radius, and signage is provided for emergency vehicles
during all phases of development and operation (Mitigation Measures TRANSP-15 through
TRANSP-19). With implementation of these mitigation measures, Project -related impacts will
be less than significant.
Off -Site Improvements
Stormwater Management, Pool/Lagoon Discharge: Construction of all Project components,
including stormwater management infrastructure, will be subject to plan review by the Public
Works, Fire, and Police Departments (TRANSP-15), which will reduce potential impacts to
less than significant levels. After construction is complete, this Project component will have
no impact on emergency access.
Golf Course Turf Reduction: The replacement of turf with desert landscaping will have no
impact on emergency access. After the program is complete, this Project component will have
no impact on emergency access.
Landscaping Improvements: Installation of perimeter landscaping will be incorporated into
project plans, and will be subject to the same coordination with Public Works, Fire and Police
as other project components, which will reduce impacts to less than significant levels. After
installation is complete, this Project component will have no impact on emergency access.
Overflow Parking: Direct emergency access to the overflow parking lot is currently provided
via Market Place Drive on the north and Desert Willow Drive on the west; this will remain the
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RESOLUTION NO. 2019-83
same after the parking lot is paved and improved. Construction and vehicle staging plans
associated with improvement of the parking lot will be subject to review by the Public Works,
Fire, and Police Departments (TRANSP-15), which will reduce potential impacts to less than
significant levels. After improvements are complete, access will remain via both roads
currently serving the site, and will provide emergency access for Fire and Police calls.
Soil Removal/Storage: All Project components, including the staging of haul trucks, will be
subject to plan review by the Public Works, Fire, and Police Departments (TRANSP-15),
which will reduce potential impacts to less than significant levels. Any trucks transporting soil
off -site to the Classic Club will travel on existing roads; Mitigation measure TRANSP-16 will
assure that any Project -related spills are cleaned up immediately. After construction is
complete, soil removal/storage will cease, and this Project component will have no impact on
emergency access.
Mitigation Measure TRANSP-15
Prior to site disturbance, construction staging plans shall be approved by the Public Works,
Fire, and Police Departments to assure they adequately consider and account for temporary
detours, changing access to business and residential areas, and emergency access, and that
they cause minimal disruption to adjoining streets and land uses, during all phases of Project
development.
Mitigation Measure TRANSP-16
The Construction Manager shall be required to identify and promptly repair any Project -
related damage to existing public roads upon completion of each phase of Project
development. The Construction Manager shall monitor the condition of these routes
throughout the construction process and, in the event of an accidental load spill or other
Project -related incident, shall arrange for the immediate clean-up of any material with street
sweepers or other necessary procedures.
Mitigation Measure TRANSP-17
The final location and design of the site access points and internal circulation improvements
shall comply with City of Palm Desert access and design standards and be reviewed by the
City Engineer and Fire and Police Departments.
Mitigation Measure TRANSP-18
Parking adjacent to the surf lagoon, surf center, hotel, villas, and other buildings shall be
prohibited, where necessary, to provide unobstructed access by emergency service vehicles
and first responders.
Mitigation Measure TRANSP-19
The Police and Fire Departments shall be provided with a Knox Box or other master key or
access code that enables immediate entry to the Project's secured emergency access gate
on Willow Ridge.
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RESOLUTION NO. 2019-83
SECTION 6: FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT FULLY
MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT Me
The City Council hereby finds that, despite the incorporation of Mitigation Measures outlined %Mo
in the EIR and in this Resolution, the following impacts from the DSRT SURF Project and
related approvals cannot be fully mitigated to a less than significant level and a Statement of
Overriding Considerations is therefore included herein:
A. AIR QUALITY
Threshold:
b) Would the Project result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non -attainment under an applicable federal or
state ambient air quality standard?
Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.3-13 through -
18)
Explanation: Due to the cumulative nature of assessing air quality impacts, the following
discussion and analysis addresses the entire Project as a whole, including the surf lagoon,
surf center, hotels, villas, and off -site improvements.
Buildout of the proposed Project will result in the direct and indirect generation and emission
of air pollutants during construction and operation. The California Emissions Estimator Model
(CalEEMod), version 2016.3.2, was used to estimate potential air pollutant emissions
associated with the proposed Project.
As shown in Table 2.3-6 Construction Emissions Summary, as revised (EIR, p 2.3-14),
SCAQMD daily thresholds for CO, NO), ROG, SOx, PM,o and PM2.5 will not be exceeded
during construction of the proposed Project, and those impacts will be less than significant.
However, as described below, emissions during the life of the Project will exceed SCAQMD
thresholds.
Operational emissions are those released over the long-term life of the proposed Project.
They include emissions generated by area, energy, and mobile sources. Separate emissions
estimates were provided for typical operations versus special event operations. As explained
in Section 1 of the EIR, the Project could host special events that attract up to 3,500
spectators and require use of an overflow parking lot and shuttle service. It is currently
unknown how many special events will be held annually. However, it is assumed that 12
special events would be held annually. Trip generation numbers are those reported in the
Project -specific traffic impact analysis (Appendix H of the EIR), and represent conservative
maximum potential trips: 5,496 weekday daily trips during typical operations, and 7,288
weekend daily trips during special events. It is also assumed that the average trip length is
25 miles to account for visitors traveling to the project site from greater distances throughout
the valley25.
25 It is assumed as an average of local commuters (workers and valley residents traveling an average
of 7 miles) and regional/southern California commuters traveling approximately 75-100 miles, most WO
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RESOLUTION NO. 2019-83
As shown in Table 2.3-7 Unmitigated Operational Emissions Summary, as revised (EIR, p.
2.3-17), Project -generated operational emissions will not exceed SCAQMD thresholds for
CO, ROG, SOX, PM,o, or PM2.5 during typical operations or special events. However, Project -
generated NOX emissions will exceed SCAQMD thresholds during both types of operations.
Projected NO, exceedances are largely associated with the number of vehicle trips expected
to be generated at Project buildout. Approximately 94 percent of Project -related NOx
emissions are due to motor vehicle trips. Because Project -related NOx emissions are directly
linked to motor vehicle trip generation rates associated with the proposed land uses, there
are no feasible ways to mitigate NOx emissions without changing project land uses, or project
density.
The number of vehicle trips could be reduced, to some extent, by the use of alternative modes
of transportation by those accessing the Project site. A Sunline Transit Agency bus stop is
located immediately adjacent to Desert Willow Golf Resort, at the intersection of Country Club
Drive and Desert Willow Drive. A Class III bike lane extends along Country Club Drive, just
outside the Desert Willow Golf Resort. Use of these facilities by Project patrons and
employees would reduce Project -related vehicle trips and consumption of fossil fuels.
However, the elective use of alternative modes of transportation by Project patrons cannot
be confidently quantified and applied as a mitigation measure. Therefore, operational impacts
will continue to exceed NOx emission thresholds, and impacts will be significant and
unavoidable.
Health Impacts
With today's technology, it is not scientifically possible to calculate the degree to which
exposure to various levels of NOx emissions will impact an individual's health. Although there
is a scientific consensus that there are health risks associated with exposure to elevated
levels of NOx, there are several factors that make predicting a Project -specific numerical
impact difficult:
Not all individuals will be affected equally due to medical history. Some may have medical
pre -dispositions and diet and exercise levels tend to vary across a population.
Due to the dispersing nature of the pollutant and transient nature of vehicles (the emission
source), it is difficult to locate and identify which group of individuals will be impacted,
either directly or indirectly.
There are currently no approved methodologies or studies to base assumptions on, such
as baseline health levels or NOx emission level -to -health risk ratios.
On -site health risks associated with NOx are expected to be less than significant because the
project is not located in proximity to a major roadway and will not directly be exposed to
concentrated vehicle emissions or elevated levels of NOx. However, for the reasons stated
above, it is uncertain how the Project will impact health in the region. Because the Project's
NOx exceedances are due to motor vehicle travel, and motor vehicle travel increases with
population growth, it can be assumed that individuals in the region are already exposed to
increasing levels of NOx emissions and that the Project with only marginally contribute to
existing conditions. Additionally, Project emissions assume full capacity traffic conditions. In
of whom will be staying at the proposed hotels. Hotel guests will commute 75-100 miles to and from
the project site, but the duration of their stay will be local and limited to approximately 2-5 miles.
Therefore, a daily length of 25 miles was applied to provide an average trip length.
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RESOLUTION NO. 2019-83
reality, the Project site will not reach capacity most days, especially in the winter months due
to the seasonal nature of Project activities (surfing). "M
The extent to which the Project poses a health risk is uncertain but unavoidable. It is ` o
anticipated that impacts associated with NOx will be less than significant overall, and will only
pose a significant risk during summer special events due to the seasonal nature of Project
activities and the reality that the Project is not expected to reach maximum capacity often,
thus generating fewer vehicle trips.
Cumulative Contribution: Non -Attainment Criteria Pollutants
CO, NOx, and ROG are precursors to ozone, for which the Coachella Valley is in non -
attainment. The Project will not exceed thresholds for CO or ROG; however, it will contribute
to increased regional NOX emissions. Mitigation measures AQ-1 through AQ-8 provide a
number of strategies to reduce operational air emissions to the greatest extent possible,
including but not limited to the provision of electric charging stations, the limitation of idling
delivery vehicle times, and the creation of Employee Commute Reduction Programs for large
employers within the Project, such as the future hotels.
Mitigation Measure AQ-1
Electric Vehicle Charging Stations
At least 6% of all vehicle parking spaces shall include EV charging stations and 8% of all
vehicle parking spaces shall include designated parking for clean air vehicles.
Mitigation Measure AQ-2
Delivery Vehicle Idling Time
Delivery vehicle idling time shall be limited to no more than five minutes. For any delivery that
is expected to take longer than five minutes, the vehicle's operator shall be required to shut
off the engine. The Project proponent shall notify vendors of these idling requirements at the
time the delivery purchase order is issued and again when vehicles enter the facility. Signs
shall be posted at entry to the facility's delivery area stating that idling longer than five minutes
is not permitted.
Mitigation Measure AQ-3
Employee Commute
Any employer than employs 250 or more employees at a work site, on a full or part-time basis,
shall implement an Employee Commute Reduction Program (ECRP) under SCAQMD Rule
2202, On -Road Motor Vehicle Mitigation Option.
Mitigation Measure AQ-4
Paving and Roofing Materials
Light-colored paving and roofing materials shall be utilized onsite, to the greatest extent
practical.
Mitigation Measure AQ-5
Energy Star
Energy Star heating, cooling, and lighting devices, and appliances shall be installed onsite to
the greatest extent practical.
Mitigation Measure AO-6
Sweepers
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RESOLUTION NO. 2019-83
Electric or alternatively fueled sweepers with HEPA filters shall be used onsite to the greatest
extent practical.
Mitigation Measure AQ-7
Lawn Maintenance
Electric lawn mowers and leaf blowers shall be used onsite to the greatest extent practical.
Mitigation Measure AO-8
Cleaning Products
Water -based or low VOC cleaning products shall be used to the greatest extent practical.
However, as previously described, even with the implementation of these measures, impacts
associated with operations of the proposed Project at build out will remain significant and
unavoidable.
B. GREENHOUSE GASES
Threshold:
a) Would the Project generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment?
Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.8-7 through -10)
Explanation:
Due to the cumulative nature of assessing GHG emission impacts, the following discussion
and analysis addresses the entire Project as a whole, including the surf lagoon, surf center,
hotels, villas, and off -site improvements.
Buildout of the proposed Project will result in the direct and indirect generation and emission
of GHGs during construction and operation. The California Emissions Estimator Model
(CalEEMod), version 2016.3.2, was used to estimate potential GHG emissions associated
with the proposed Project.
Construction emission results are summarized in Table 2.8-1, as revised (EIR, p. 2.8-7). GHG
emissions will be temporary and will end once construction is complete. All components of
construction, including equipment, fuels, and materials, will be subject to current regulations
of GHGs and equipment efficiency standards, which are meant to reduce GHG emissions.
There are currently no construction -related GHG emission thresholds for projects of this
nature. To determine if construction emissions will result in a significant impact, build out GHG
emissions were amortized over a 30-year period and added to annual operational emissions
to be compared to applicable GHG thresholds.26
Operational emissions will occur throughout the life of the Project. At buildout, five emission
source categories will contribute either directly or indirectly to operational GHG emissions:
26 "Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans," SCAQMD,
December 5, 2008.
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RESOLUTION NO. 2019-83
energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and
architectural coating off -gassing), and mobile sources. Annual operational GHG emissions
generated by the proposed Project were analyzed under two scenarios: 1) typical operations,
and 2) special event operations. For analysis purposes, it was assumed that 12 special events
would be held per year. Special event emissions have been added to typical operation
emissions and amortized construction emissions, as shown in Table 2.8-3, as revised, of the
EIR (p. 2.8-9). Operation of the Proposed Project would emit approximately 18,000 MT/CO2E
annually. The bulk of operational emissions are largely due to the number of vehicle trips
generated by the Project.
The SCAQMD draft interim guidance document27 recommends a threshold for all projects
using a tiered approach. It was recommended by SCAQMD staff that a project's greenhouse
gas emissions would be considered significant if it could not comply with at least one of the
following "tiered" tests:
Tier 1: Is there an applicable exemption?
Does Not Comply: The proposed Project does not qualify for an applicable
exemption under CEQA.
Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a
minimum, consistent with the goals of AB 32?
Does Not Comply: Although the City of Palm Desert has an adopted
Environmental Sustainability Plan which is consistent with AB 32, the Project
would not comply with Tier 2 because the Plan is not a CEQA certified
document. SCAQMD requires that the "greenhouse gas reduction plan," in this
case the Sustainability Plan, have a certified Final CEQA document.
Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/yr for industrial
projects; 3,000 MTCO2e/yr for residential and commercial projects)?
Does Not Comply: The proposed Project is considered a commercial project
and is estimated to emit 18,048.97 MT of CO2e annually.
Tier 4: Is the project below a (yet to be set) performance threshold?
Does Not Comply: There are currently no performance thresholds applicable
to the proposed Project to measure against.
Tier 5: Would the project achieve a screening level with off -site mitigation?
Does Not Comply: The off -site mitigation proposed for the Project (Turf
Reduction Plan) will offset water demands, but will not reduce Project GHG
emissions to achieve a screening level.
The Project would not comply with any of the tiered tests presented above, and will therefore
have significant and unavoidable impacts associated with GHG emissions.
Mitigation Measure GHG-1 assures that the Project adheres to the Palm Desert
Environmental Sustainability Plan28, and its implementation would help reduce GHG emission
27 Draft Guidance Document - Interim CEQA Greenhouse Gas (GHG) Significance Threshold,
prepared by SCAQMD, October 2008.
28 It should be noted that adherence to the Environmental Sustainability Plan, which is consistent with
AB 32, would not comply with Tier 2 because the Plan is not a CEQA certified document. SCAQMD
requires that the "greenhouse gas reduction plan," in this case the Sustainability Plan, have a certified
Final CEQA document.
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RESOLUTION NO. 2019-83
impacts. However the reductions associated with GHG-1 cannot be quantified, and emissions
will remain significant and unavoidable.
Mitigation Measure GHG-1
The Project shall implement the policies of the Palm Desert Environmental Sustainability Plan
applicable to its development. The Project shall adhere to the following principals, goals, and
actions:
• Adherence to California Building Code, Title 24;
• Assess potential for light-colored surfaces and shading to reduce urban heat island effect;
• Incorporate solar power;
• Use water efficient technologies to reduce water waste;
• Require mandatory waste diversion of 100% inert and 75% other debris from residential,
commercial, and construction debris;
• Promote programs that replace turf with native low water -use plants, trees, ground cover
and "hard-scapes," including the redesign of golf courses to reduce the amount of
irrigation required;
• Use "desert style landscaping" and require "time -of -use" irrigating to reduce evaporation.
Threshold:
b) Does the Project conflict with an applicable plan, policy or regulation adopted for the
purpose of reducing the emissions of greenhouse gases?
Finding: Significant and unavoidable with mitigation incorporated. (EIR, p. 2.8-7 through -10)
Explanation:
All components of construction and operation, including equipment, fuels, materials, and
management practices, would be subject to current SCAQMD rules and regulations related
to greenhouse gases. The Project will also adhere to the required state tow Carbon Fuel
Standard for construction equipment and heavy-duty vehicle efficiency standards.
Because the Project would result in Significant and Unavoidable impacts, as discussed
above, it can be argued that operational impacts would conflict with GHG reduction goals
because operation of the Project would either exceed or not comply with SCAQMD's interim
tiered thresholds. By exceeding such thresholds, the Project is contributing to GHG emissions
at a level that is not conducive to reducing state and local GHG emissions. Although
implementation of Mitigation Measure GHG-1 (above) will assure the Project complies with
the Palm Desert Environmental Sustainability Plan, impacts are considered significant and
unavoidable.
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RESOLUTION NO. 2019-83
SECTION 7: FINDINGS REGARDING CUMULATIVE ENVIRONMENTAL IMPACTS
wno
The State CEQA Guidelines (14 CCR 15130) require a reasonable analysis of the
significant cumulative impacts of a Proposed Project. Cumulative impacts are defined by %we
CEQA as "two or more individual effects which, when considered together, are considerable
or which compound or increase other environmental impacts" (State CEQA Guidelines,
Section 15355). Currently there are several projects with approved environmental
documentation proposed to occur within or near the project vicinity.
Consistent with CEQA's requirements, the EIR for the DSRT SURF Specific Plan includes an
analysis of cumulative impacts, which include the impacts of DSRT SURF plus all other
pending or approved projects within the affected area for each resource. The geographic
scope of the analysis the jurisdictions of the Coachella Valley, unless specifically identified
below.
The City Council hereby finds as follows:
A. AESTHETICS
Visual resources in Palm Desert at build out of the General Plan were considered to
determine the extent to which the proposed Project would impact aesthetic resources.
General Plan and zoning policies and standards relating to visual resources and lighting were
also evaluated.
The hillsides and the slopes of surrounding mountain ranges are a defining feature of the
Coachella Valley and highly valued by residents and visitors. The Project site is on the valley %WO
floor and not within or near a scenic roadway or view corridor that showcases scenic views.
It is in an urban area characterized by commercial, residential, resort, and other development
that generates traffic and light sources. The Project is consistent with these land uses and
golf course and resort residential development in the immediate vicinity, as well as building
heights and architectural styles in the area, and permitted in the General Plan and Zoning
Ordinance. It will not significantly change the visual character of the area or contribute to
cumulative increases in visual effects. Aesthetic impacts associated with the Project will be
less than cumulatively considerable. (EIR, p. 2.2-42).
B. AGRICULTURE AND FORESTRY RESOURCES
The Project will not affect any agricultural and forestry resources because it will not occur on
or adjacent to any such resource. (EIR, p. 2.1-2)
C. AIR QUALITY
The SSAB is designated as nonattainment under both the CAAQS and the NAAQS for ozone
and PM,o. Emissions of CO, NOx, and ROG that exceed the SCAQMD operational thresholds
would contribute to the ozone nonattainment designation, while emissions of PM,o that
exceed the SCAQMD thresholds would contribute to the PM,o nonattainment designation of
the SSAB. .�
Cumulative potential impacts to air quality are assessed on a regional scale given the
dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions
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RESOLUTION NO. 2019-83
and air management districts. Any activity resulting in emissions of PM1o, ozone, or ozone
precursors will contribute, to some degree, to regional non -attainment designations of ozone
and PM,o. However, the level of cumulative impact a single project may have on regional air
quality is difficult to measure.
The Coachella Valley is subject to the SCAQMD 2016 Air Quality Management Plan and the
2003 PM,o Coachella Valley State Implementation Plan (CVSIP) to ensure levels of criteria
pollutants are regulated and minimized to the best of the region's ability. The 2016 AQMP
has set forth attainment deadlines and future emission level projections for criteria pollutants
within the project area, which satisfy Section 15130(b)(1)(B) of the CEQA guidelines for
analyzing cumulative impacts. These regional plans provide guidelines and rules for
achieving state and federal air quality standards, which aim to reduce cumulative impacts,
particularly through the enforcement of SCAQMD daily thresholds and implementation of
time -sensitive reduction strategies to achieve attainment status.
Regulation of Ozone
SCAQMD studies indicate that most ozone is transported to the Salton Sea Air Basin from
the upwind sources in the South Coast Air Basin. The amount of ozone contributed from other
air basins is difficult to quantify; however, improved air quality in the project area depends
upon reduced ozone emissions in the South Coast Air Basin. Therefore, cumulative impacts
to ozone are better managed on a multi -regional scale as opposed to single projects. The
SCAQMD 2016 AQMP provides current and future measures to reduce both stationary and
mobile source ozone emissions. Proposed measures to reduce ozone include emission
reductions from coatings and solvents, RECLAIM facilities, early transitions to cleaner mobile
technologies, and incentives to adopt net zero and near zero technologies.29
CaIEEMod does not calculate ozone emissions directly and therefore emissions of ozone
precursors (CO, NOx, and ROG) were evaluated to determine Project -related impacts to
ozone. Ozone precursors are the primary pollutants involved in the chemical reaction process
that forms ozone. The proposed Project will not exceed thresholds for CO, NOx, or ROG
during construction. During operation, the Project will not exceed thresholds for CO or ROG;
however, it will exceed thresholds for NOx, largely due to mobile sources.
As discussed above, operational NOx emissions cannot be reduced through conventional
mitigation measures. Because NOx is a precursor to ozone, impacts are considered
significant and unavoidable and will have cumulatively considerable impacts to regional non -
attainment designation for ozone.
Regulation of PM,o
Similar to ozone, PM,o is regulated through the SCAQMD 2016 Air Quality Management Plan
and 2003 PM,o Coachella Valley State Implementation Plan (CVSIP). Additional PM10
reduction measures include applicable state code and AQMD Rules, such as Rule 403
(Fugitive Dust), which enforces fugitive dust compliance for all activities within the SSAB. As
shown in Section 2.3.6.b, the proposed Project will not exceed local daily thresholds for PM10
during construction or operation. Therefore, cumulative impacts to PM,o are considered less
than significant. (EIR, p. 2.3-22 and -23)
29 Final 2016 Air Quality Management Plan, South Coast Air Quality Management District, 2016.
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D. BIOLOGICAL RESOURCES
one
Using the summary of projections method to analyze cumulative impacts set forth in State
CEQA Guidelines Section 15130 (b)(1)(B), impacts have been assessed on both a regional ...
and local level. The primary document used to determine cumulative impacts was the
CVMSCCP, which was designed for the long-term protection and regulation of biological
resources in the Project area.
The Project site is not within any CVMSCHP designated Conservation Area and does not
contain any wildlife movement corridors or linkages. It does not contain any riparian areas or
jurisdictional water features. The site has been disturbed by paving, grading, and installation
of irrigation systems, and it is completely surrounded by urban development. As such, onsite
habitat quality has been degraded, and the potential for it to harbor sensitive species is very
low to low. As described above, potential impacts to biological resources will be mitigated to
less than significant levels. Therefore, the Project's impacts to biological resources will be
less than significant, and the Project's contribution to cumulative impacts will not be
cumulatively considerable. (EIR, p. 2.4-22).
E. CULTURAL AND TRIBAL RESOURCES
The geographic scope of analysis of potential cumulative impacts on cultural, historical, and
tribal resources includes the Project site, its immediate vicinity, and the traditional use areas
of the Cahuilla people in the Coachella Valley. The Project would contribute considerably to
cumulative impacts if it were to have a substantial or significant adverse effect on such
resources in the Coachella Valley.
The cultural resources survey conducted for the proposed Project evaluated a wide range of
literature, data, and information on historic, archaeological, and tribal resources that has
added to a baseline of knowledge and understanding of these resources. Tribal
representatives were contacted for their knowledge, input, and coordination regarding the
presence of tribal resources in the Project area. No historical resources have been identified
onsite as listed or eligible for listing under the California Register of Historical Resources or
the National Register of Historic Places. No archaeological resources have been identified
onsite. The potential for buried artifacts or resources to be unearthed during Project
development exists; however, potential impacts will be mitigated to less than significant levels
through implementation of the mitigation measures set forth above. No new unmitigated
impacts to historic or archaeological resources will result from the construction or operation
of the proposed Project that are cumulatively considerable. (EIR, p. 2.5-19 and -20)
F. ENERGY
Potential cumulative impacts on energy would result if the proposed Project, in combination
with past, present, and future projects, would result in the wasteful or inefficient use of energy.
This could result from development that would not incorporate sufficient building energy
efficiency features, would not achieve building energy efficiency standards, or would result in
the unnecessary use of energy during construction and/or operation. The cumulative projects
within the areas serviced by the energy service providers would be applicable to this analysis.
Projects that include development of large buildings or other structures that would have the
potential to consume energy in an inefficient manner would have the potential to contribute
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RESOLUTION NO. 2019-83
to a cumulative impact. Projects that would mostly include construction, such as
transportation infrastructure, could also contribute to a cumulative impact; however, the
impact of these projects would be limited because they would typically not involve substantial
ongoing energy use.
The proposed Project would result in an increase in the consumption of electricity, natural
gas, and transportation -related energy, however, it would not result in wasteful, inefficient, or
unnecessary use of energy due to design features, including design to accommodate a
balanced mix of uses internal to the proposed Project, installation of energy -efficient
appliances and efficient water fixtures, and the offset of electrical energy usage through the
installation of PV solar panels. Similar to the proposed Project, other cumulative projects
would be subject to CALGreen, which provides energy efficiency standards for commercial
and residential buildings. CALGreen would implement increasingly stringent energy efficiency
standards that would require the proposed Project and the cumulative projects to minimize
the wasteful and inefficient use of energy. In addition, cumulative projects would be required
to meet or exceed Title 24 building standards, further reducing the inefficient use of energy.
Future development would also be required to meet even more stringent requirements,
including the objectives set in the AB 32 Scoping Plan (CARB 2017), which would seek to
make all newly constructed residential homes zero net energy (ZNE) consumers by 202030
and all new commercial buildings zero net energy (ZNE) consumers by 2030.31 Furthermore,
various federal, state and local regulations would serve to reduce the transportation fuel
demand of cumulative projects. Therefore, cumulative impacts related to energy resources
are considered less than significant. (EIR, p 2.6-16 and -17).
G. GEOLOGY AND SOILS
Potential cumulative impacts on geology and soils could result from projects that combine to
create geologic hazards, including unstable geologic conditions. However, most geology and
soil hazards associated with development projects in the surrounding area would be site -
specific. Nonetheless, cumulative growth in the Project area would expose a greater number
of people to seismic hazards. However, as with the Project, all future projects in the region
would be subject to established guidelines and regulations pertaining to building design and
seismic safety, including those set forth in the California Building Code and the Palm Desert
Building Code. With adherence to such regulations, Project impacts with regard to geology
and soils would not be cumulatively considerable. (EIR, p. 2.7-25)
H. GREENHOUSE GAS EMISSIONS
Cumulative impacts were analyzed on a regional scale due to the dispersing nature of
pollutant emissions and aggregate impacts from surrounding jurisdictions and air
management districts. Through analysis of the regional and statewide plans for GHG
reductions, a summary of projects approach was used. The geographic scope for the analysis
of potential cumulative greenhouse gas impacts is the overall Salton Sea Air Basin region in
30 New Residential Zero Net Energy Action Plan 2015-2020 — Executive Summary by California Public
Utilities Commission Energy Division and California Energy Commission Efficiency Division.
31 Zero Net Energy - California Public Utilities Commission Energy Division;
http://www.cpuc.ca.gov/ZNE/, accessed December 2018.
77
RESOLUTION NO. 2019-83
which the projects are being constructed and operated. However, some percentage of
vehicular GHG emissions associated with the construction and operation of the proposed son
Project may also come from sources outside of the SSAB.
%me
Operation of the proposed Project would exceed established SCAQMD thresholds and
potential impacts would be reduced through adherence to the City's Environmental
Sustainability Plan. However, because the Project has significant and unavoidable impacts
related to GHG emissions, the proposed Project will also make a cumulatively considerable
contribution to GHG levels. (EIR, p. 2.8-11 and -12).
I. HAZARDS AND HAZARDOUS MATERIALS
Hazardous materials and risk of upset conditions are largely site -specific, and would occur
on a case -by -case basis for each individual project affected, in conjunction with development
proposals on these properties. All new developments in the City are required to evaluate
potential threats to public safety, including those associated with the accidental release of
hazardous materials into the environment during construction and operation, emergency
response, transport/use/disposal of hazardous materials, and hazards to sensitive receptors
(including schools).
Implementation of the regulatory compliance measures and traffic -related mitigation
measures would reduce the proposed Project's potential impacts associated with the
accidental release of hazardous materials during construction and operation as well as
emergency response to less than significant levels, such that the proposed Project would not Ono
combine with any of the related projects to cause a cumulatively significant impact. Further,
each related project would be required to follow local, State and federal laws regarding %No
hazardous materials and other hazards. Therefore, with compliance with local, State and
federal laws pertaining to hazards and hazardous materials, cumulative impacts would be
less than significant. (EIR, p. 2.9-13 and -14).
J. HYDROLOGY AND WATER QUALITY
Implementation of the proposed Project, along with related projects in the Project vicinity,
would have a potential impact on storm drainage and water quality. The proposed Project is
located in an urbanized area where most of the surrounding properties are already developed,
and the related projects are located in the Desert Willow Golf Course. The storm drainage
system serving the Project vicinity has been designed to accommodate runoff from all sites
within this nearly built -out environment. Development of the site would convert it to impervious
surfaces contributing surface runoff. However, the proposed Project would be designed to
minimize impacts to the local storm drainage system, and would integrate into it, as would
other future projects on the remaining vacant sites. Thus, the proposed Project would mitigate
its incremental contribution to the local storm drainage system and would not contribute to a
significant cumulative impact. With the implementation of the required City, CVWD, and other
water discharge requirements, impacts on hydrology and water quality would be less than
significant. (EIR, p. 2.10-33).
K. LAND USE
The geographic scope for the analysis of cumulative impacts on land use consists of each
project area and the immediate vicinity around each of these sites where adverse land use ""
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RESOLUTION NO. 2019-83
impacts could occur. Any cumulative project impacts related to land use would be consistent
with the land uses in the cumulative study area. There are no potential project conflicts or
inconsistencies with applicable adopted plans, policies and regulations, and the project would
not combine with others to result in a substantial cumulative impact. Overall, there will be a
less than cumulatively substantial effect on existing and planned land uses generated by this
Project. (EIR, p. 2.11-23)
L. NOISE
Noise levels tend to diminish quickly with distance from a source; therefore, the geographic
scope for the analysis of cumulative impacts related to noise would be limited to projects
within approximately 0.25 mile of proposed Project components and access routes. This area
is defined as the geographic extent of the cumulative impact area because noise impacts
would generally be localized, mainly within approximately 500 feet from any noise source;
however, it is possible that noise from different sources within 0.25 mile of each other could
combine to create a significant impact to receptors at any point between the projects. At
distances greater than 0.25 mile, construction noise would be briefly audible and steady
construction noise from the proposed Project would generally dissipate into background noise
levels.
A cumulative traffic noise impact occurs when the noise level would exceed the applicable
standard and result in a substantial noise level increase. The Project's contribution to the
future noise level on area roadways is determined by comparing future noise conditions
without and with the proposed Project. Results show that adding the proposed Project's noise
levels to the future noise levels would not result in an adverse cumulative noise increase as
defined by the Noise Element, at the closest sensitive receptor location, because of the low
project noise levels and distance. Therefore, the proposed Project's contribution would not
be cumulatively considerable. (EIR, p. 2.12-31).
M. POPULATION & HOUSING
It is expected that Project -related employment opportunities will be filled by current residents
and therefore will not significantly increase the local population or increase demand for
housing. Cumulative impacts would be less than significant. (EIR, p. 2.13-5).
N. PUBLIC SERVICES
Police Protection
Implementation of the proposed Project in conjunction with the other related projects in the
area would increase the demand for police services. Over time, increases in population in the
City have the potential to increase calls for police protection services. The project alone would
marginally increase both the permanent and tourist populations whose impacts would be
reduced by the incorporation of Mitigation Measures PS-1 through PS-4. The proposed
Project's contribution would not be cumulatively considerable.
Fire Protection
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RESOLUTION NO. 2019-83
Implementation of the proposed Project in conjunction with the other related projects in the
area would further increase the demand for fire protection services over time. The project ""
alone would marginally increase both the permanent and tourist populations; impacts would
be reduced by the incorporation of Mitigation Measures PS-1 and PS-2 and payment of Fire "'
Facilities Fees. The proposed Project's contribution would not be cumulatively considerable.
Schools
It is expected that land designated for residential development in Palm Desert will be
developed in the future, increasing the student population and impacts to public schools. The
proposed Project, in combination with related projects, is expected to result in a cumulative
increase in the demand for school services. As discussed above, as of 2018, the DSUSD is
over its capacity. The DSUSD has determined that approximately 4.49 additional elementary
schools, 1.96 middle schools, and 1.24 high schools will need to be constructed in order to
provide adequate facilities to house students in the future. The estimated costs of these
school facilities, excluding interim housing requirements, is over $450 million dollars.32
Payment of school impact fees will help the DSUSD expand its facilities as needed. The
proposed Project will generate only a minimal student population, if any, and its contribution
to school impacts would not be cumulatively considerable.
Parks and Other Public Facilities
The proposed Project in combination with the related projects would be expected to increase
residents' demands upon parks, recreational, and other public facilities in the project area. ...
Although the proposed Project would contribute to the cumulative demand for parks and
recreational services, its contribution would be minimal because it would provide ample onsite
recreational opportunities. The Project's cumulative impact would be less than significant.
(EIR, p. 2.14-15)
O. TRAFFIC AND TRANSPORTATION
The geographic scope for the analysis of cumulative impacts on transportation systems
consists of 95 development projects that are either approved or currently being processed in
the Project area, including Palm Desert, Rancho Mirage, Indian Wells, and portions of
unincorporated Riverside County. A list and map of the projects are provided in the TIA (see
Appendix H of the EIR, Table 4-3 and Exhibit 4-5).
Two cumulative impact scenarios were analyzed -- one for typical operation, and one for
special events — and both scenarios included Project -generated traffic in addition to existing
conditions, background traffic from ambient growth, and background traffic from cumulative
development projects. An ambient growth rate of 6.12% was used.
1) EAPC (2022, Typical Operation) (Existing Conditions + Ambient Growth + Proiect +
Cumulative)
32 Desert Sands Unified School District - Fee Justification Study For New Residential And
Commercial/Industrial Development (May 2018) — Page iii-iv. "
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RESOLUTION NO. 2019-83
As shown in Table 2.15-14 and -15 in the EIR (p. 2.15-34 and -35), EAPC-Typical Operation
conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place
Drive. As shown in Table 2.15-16 of the EIR (p. 2.15-35), with installation of a traffic signal
(Mitigation Measure TRANSP-1), the intersection of Cook Street and Market Place Drive will
operate at an acceptable LOS. Payment of TUMF fees (TRANSP-20) will also reduce Project -
related cumulative impacts to less than significant levels.
1) EAPC (2022, Special Event) (Existing Conditions + Ambient Growth + Project +
Cumulative)
As shown in Tables 2.15-17 and -18 in the EIR (p. 2.15-36 and -37), EAPC-Special Event
conditions will result in unacceptable LOS at the intersection of Cook Street and Market Place
Drive. As shown in Table 2.15-19 of the EIR (p. 2.15-37), with installation of a traffic signal
(Mitigation Measure TRANSP-1), the intersection of Cook Street and Market Place Drive will
operate at an acceptable LOS. Payment of TUMF fees (TRANSP-20) will also reduce Project -
related cumulative impacts to less than significant levels.
In summary, with implementation of Mitigation Measures TRANSP-1 through TRANSP-20,
Project -related cumulative impacts during typical operation and special events will be less
than significant.
P. UTILITIES & SERVICE SYSTEMS
The scope for the analysis of cumulative impacts on utilities and service systems is adherence
to the City's General Plan build out assumptions for 2035.
CVWD maintains and operates water and wastewater services in the Project vicinity. CVWD
has identified adequate capacity to serve the Project along with current and future projects.
The proposed Project will result in an increase of less than 1 percent of CVWD total water
demand. Construction and operation of the Proposed Project would not require the
construction or expansion of stormwater or wastewater facilities because their impacts on
these facilities will be minimal and sufficient capacity exists. When considered in conjunction
with other projects in the City's General Plan boundaries, the proposed Project will have a
marginal and fractional impact on services. Therefore, the Project's contribution to cumulative
impacts related to these services would not be cumulatively considerable.
SCE and SoCal Gas have adequate policies, programs, and projects in place to provide
energy to their users, including the proposed Project, for the foreseeable future. As discussed
above, the Project would only increase the City's overall electricity demand by an estimated
2.87 percent and natural gas demand by 0.002 percent. Therefore, the Proposed Project's
incremental demand for energy would not be cumulatively considerable.
Regarding solid waste, implementation of State and municipal requirements to reuse and
recycle construction and operation waste would lessen the amount of solid waste generated
by the Project. When considered in conjunction with other development projects in the Valley,
the solid waste generated by the proposed Project will result in a fractional increase in waste
to landfills. Cumulative impacts would be less than significant.
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RESOLUTION NO. 2019-83
Overall, implementation of the proposed Project would not result in cumulatively considerable
impacts related to utilities and service systems; and cumulative impacts would be less than one
significant. (EIR, p. 2.16-16 and -17).
w.r
6-0
...
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RESOLUTION NO. 2019-83
SECTION 8: FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL
CHANGES
Sections 15126.2(b) and (c) of the State CEQA Guidelines require discussion of significant
environmental effects which cannot be avoided if the Project is implemented and significant
irreversible environmental changes which would be caused by DSRT SURF should it be
implemented, respectively. Where there are significant impacts that cannot be alleviated
without imposing an alternate design, their implications and the reasons why the project is
being proposed, notwithstanding the effect, should be described. Irretrievable commitments
of resources may include large commitments of nonrenewable resources, commitment of
future generations to similar uses, and irreversible damage resulting from environmental
accidents. Irretrievable commitments of resources should, therefore, be evaluated to assure
that such current consumption is justified.
The development of the Project will result in the irretrievable and irreversible commitment of
non-renewable natural resources, including energy resources such as petroleum and natural
gas, water resources, and mineral resources used for construction materials, such as
concrete and steel.
Construction of the proposed Project will result in the permanent loss of fossil fuels through
the consumption of coal, petroleum or natural gas for the manufacture of steel, Portland
Cement and concrete, and to fuel construction and maintenance vehicles. As detailed in
Section 2.6, the construction of proposed Project could result in electricity demand associated
with power tools and security lighting, but will not be the primary source of power during the
construction of components of the proposed Project. The use of diesel fuel and gasoline for
operation of equipment and for worker vehicle trips will be the primary source of energy during
construction. Because construction equipment and workers are expected to come from local
sources, it is expected that the use of fuel is already occurring for other projects and worker
trips in the Coachella Valley, and this use will therefore not be excessive or wasteful.
On -going operation of the proposed Project will generate demand for approximately
21,711,725 kWh of electricity annually. This demand will be reduced by approximately 1.7
million kWh at the surf center and lagoon via the construction of solar panels. This reduction
is known for the surf center because it is included in the Precise Plan application for the
Project. Plans for the hotels and villas have not yet been submitted, and their use of solar
panels or other technology is not known. Future development would be required to meet even
more stringent requirements, than the current CalGreen building code, including the
objectives set in the AB 32 Scoping Plan (GARB 2017), which would seek to make all newly
constructed residential homes zero net energy (ZNE) consumers by 202033, and all new
commercial buildings zero net energy (ZNE) consumers by 2030.34 Electricity demand
generated by the proposed Project would increase electricity consumption by 2.9% over
current City-wide demand.
Natural gas will be used during operation of the proposed Project. It is estimated that at build
out, natural gas consumption is expected to total 331,811 therms per year, and to increase
33 New Residential Zero Net Energy Action Plan 2015-2020 — Executive Summary by California Public
Utilities Commission Energy Division and California Energy Commission Efficiency Division.
34 Zero Net Energy - California Public Utilities Commission Energy Division;
http://www.cpuc.ca.gov/ZNE/. Accessed December 2018.
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RESOLUTION NO. 2019-83
City-wide use of natural gas by 1.9%. As is the case with electricity, adherence to existing
and future building codes will assure the efficient use of natural gas, and continued ""
improvements in technology, particularly related to appliances and HVAC equipment, will
reduce long term demand. "We
During operation, the Project would result in the consumption of petroleum -based fuels
related to vehicular travel to and from the Project site. According to the Project -specific traffic
analysis, the Project is estimated to generate 5,496 daily vehicle trips under typical daily
operations, and 7,288 daily vehicle trips during a special event. Daily visitors will include a
mix of local residents and out of town visitors. The Project could potentially generate
12,213,217 VMTs. This represents a 2.4% increase in City-wide VMTs. Although the Project
will result in a direct increase in VMTs, the Project will not interfere with increased fuel
efficiency standards and will not result in wasteful, inefficient, or unnecessary consumption of
transportation energy resources during operation.
The construction of the proposed Project will change the physical environment of the Project
site. As discussed in Section 2.4 of the EIR, the proposed Project will not result in significant
loss of biological resources. The site is surrounded by development, and has previously been
graded and irrigated. Further, approximately 2 acres of the site is currently developed as a
parking lot. No special status species were identified on the Project site. The Project will be
required to pay mitigation fees to assure the off -site conservation of habitat lands for sensitive
species covered by the Coachella Valley Multiple Species Habitat Conservation Plan.
Therefore, although the proposed Project will result in the permanent loss of approximately
15 acres of vacant land, that loss will not be significant. am
As discussed in Section 2.10 of the EIR, construction of the proposed Project will generate ads
demand for water resources. The total Project water demand is projected to be 162.1 AFY,
of which 10.87 AFY will be accommodated through the use of recycled water for landscaping
irrigation. In addition, the Water Supply Assessment for the proposed Project includes a
requirement for the implementation of a turf reduction program on the adjacent Desert Willow
golf course. This turf reduction program will result in a reduction of 106.74 AFY in water use
on the golf course, and a net water demand for the Project as a whole of 44.49 AFY. Given
the size and scope of the Project, the net annual demand for domestic water will be low, and
impacts to the region's water supply will be less than significant.
In summary, although the proposed Project will result in the irreversible loss of finite
resources, the loss will not be significant, and is consistent with or less than that expected for
a project of similar scope consistent with the City's General Plan. (EIR, p. 5.1 through 5.3)
or
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RESOLUTION NO. 2019-83
SECTION 9: FINDINGS REGARDING GROWTH -INDUCING IMPACTS
CEQA specifies that growth -inducing impacts of a project must be addressed in an EIR (PRC
§ 21100[b][51). Specifically, Section 15126.2(d) of the CEQA Guidelines requires an EIR to
discuss the ways the DSRT SURF Project could foster economic or population growth or the
construction of additional housing, directly or indirectly, in the surrounding environment.
Growth -inducing impacts include the removal of obstacles to population growth (e.g., the
expansion of a wastewater treatment plant allowing more development in a service area) and
the development and construction of new service facilities that could significantly affect the
environment individually or cumulatively. In addition, growth must not be assumed as
beneficial, detrimental, or of little significance to the environment.
Construction of the proposed Project is projected to occur over a two year period. Given the
scope of the project, construction personnel are available in the region who are qualified in
the trades required to build low rise buildings, concrete structures such as the lagoon, and
landscaping for a resort project. The Project does, however, have the potential to attract
workers and crew members to the area for a temporary construction opportunity. Because of
the availability of local workers, and the relatively short-term opportunity created by the
Project, it is not anticipated that the proposed Project would result in an increase in permanent
population in the City beyond anticipated growth over time. Operation of the various
components of the Project will result in new jobs in the service, retail and management
sectors, which are likely to be filled by a combination of existing and new residents. Population
growth in 2018 in the City was 1.4%, or about 700 people. The Southern California
Association of Governments predicts that by 2040, the City's population will increase to
61,700, an increase of 8,900 people. The natural growth in population experienced in the City
will result in a demand for jobs, a portion of which will be supplied by the proposed Project.
Therefore, the proposed Project is not expected to induce population growth.
The proposed Project occurs on a site which has long been planned for resort development.
As part of the original North Sphere Specific Plan, the City envisioned a master planned
community centered around the Desert Willow golf course. In order to facilitate the vision, the
City planned for and installed master infrastructure to serve the build out of the site, not just
the golf course and clubhouse. As a result, all infrastructure is in place adjacent to the Project
site, and no additional or larger infrastructure is required to implement the Project, and
projects on adjacent remaining sites.
In conclusion, the Project will not result in growth inducing impacts that could cumulatively
impact the environment. No new infrastructure, services or utilities, will be required for the
proposed Project, and its impacts on the local population will be less than significant. (EIR, p.
6.1)
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RESOLUTION NO. 2019-83
SECTION 10: FINDINGS REGARDING ALTERNATIVES
om
A. PROJECT OBJECTIVES
%Ww
As required by CEQA, project objectives have been developed to describe the project. These
are set forth below.
• Continue the mission of the Desert Willow Golf resort by providing a world -class
recreational opportunity unique to the Coachella Valley.
• Expand the City's tourism economy and expand transient occupancy tax revenues.
• Implement water conservation and recycling measures to minimize the impacts to
water supply from lagoon and golf course water use.
• Energy efficient resort development to meet the City's sustainability goals.
B. SIGNIFICANT AND UNAVOIDABLE IMPACTS
Based upon the Final Project EIR and the CEQA Findings of Fact contained herein, as well
as the evidentiary materials supporting these documents, the City Council finds that
implementing the Proposed Project could result in the following list of significant and
unavoidable impacts to the environment:
Air Quality
Operational emissions are those released over the long-term life of the proposed Project. sm
They include emissions generated by area, energy, and mobile sources. Area sources include
consumable products, such as building maintenance and cleaning supplies, kitchen and .r
restroom supplies, pavement off -gassing, and periodic reapplication of architectural coatings.
Energy sources include the direct and indirect use of fossil fuels for energy, including natural
gas and electricity use in buildings, parking lot lighting, ventilation equipment, and elevators.
Mobile emissions are generated by motor vehicle trips.
The air quality analysis quantified air emissions for the life of the project for two scenarios:
daily operations, and special event operations. Assumptions included daily trips totaling 5,496
weekday daily trips during typical operations, and 7,288 weekend daily trips during special
events, an average trip length is 25 miles, and full operation of all the potential components
of the Project, including the surf center and lagoon, hotel(s) and villas. Maximum build out as
allowed in the Specific Plan was assumed for all land uses, to provide the most conservative
analysis.
As shown in Section 2.3, Table 2.3-7, Project -generated operational emissions will not
exceed SCAQMD thresholds for CO, ROG, SOX, PM1o, or PM2.5 during typical operations or
special events. However, Project -generated NOx emissions will exceed SCAQMD thresholds
during both types of operations. Emissions projections represent worst -case conditions, and
actual emissions may be lower than projected.
Projected NOx exceedances are largely associated with the number of vehicle trips expected
to be generated at Project buildout. Feasible mitigation measures have been provided in
Section 2.3.7, including but not limited to delivery vehicle idling time limitations, employee
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RESOLUTION NO. 2019-83
commute reduction programs for large employers, and use of Energy Star appliances.
However, although these mitigation measures may provide reductions in emissions, they will
not reduce NO. emissions to levels below SCAQMD thresholds. Impacts associated with
operational air emissions will remain significant and unavoidable.
Cumulative Contribution: Non -Attainment Criteria Pollutants
The Coachella Valley portion of the SSAB is classified as a "non -attainment" area for PMto
and ozone. CO, NO,,, and ROG are precursors to ozone, for which the Coachella Valley is in
non -attainment. The Project will contribute to increased regional NO. emissions. Motor
vehicle trips are the primary source of NOx emissions during operation and cannot be
mitigated through traditional means. Even with the implementation of mitigation measures,
cumulative impacts associated with operations of the proposed Project at build out will remain
significant and unavoidable.
Greenhouse Gas Emissions
All components of construction, including equipment, fuels, materials, and management
practices, would be subject to current SCAQMD rules and regulations related to greenhouse
gases. Applicable SCAQMD rules include, but are not limited to, source -specific standards
that reduce the greenhouse gas content in engines and limit equipment idling durations. The
Project will also adhere to the required state Low Carbon Fuel Standard for construction
equipment and heavy-duty vehicle efficiency standards.
Operational emissions will occur throughout the life of the Project. At buildout, five emission
source categories will contribute either directly or indirectly to operational GHG emissions:
energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and
architectural coating off -gassing), and mobile sources. The bulk of operational emissions are
largely due to the number of vehicle trips generated by the Project. As shown in Table 2.8-2,
one special event (33.34 MTCO2e/yr) will increase overall GHG emissions by a marginal 0.19
percent.
It was recommended by SCAQMD staff that a project's greenhouse gas emissions would be
considered significant if it could not comply with at least one of the "tiered" tests based upon
an October 2008 staff report and draft interim guidance document35, as described in Section
2.8.6 of the EIR (p. 2.8-9).
Construction -related GHG emissions will not exceed GHG thresholds for construction
because no such thresholds have been established. However, the Project would not comply
with any of the tiered tests for overall operational (annual) emissions, and will therefore have
Significant and Unavoidable Impacts associated with GHG emissions.
Because the Project would result in significant and unavoidable impacts, it can be argued that
operational impacts would conflict with GHG reduction goals because operation of the Project
would either exceed or not comply with SCAQMD's interim tiered thresholds. By exceeding
such thresholds, the Project is contributing to GHG emissions at a level that is not conducive
to reducing state and local GHG emissions. Although implementation of Mitigation Measure
GHG-1 will assure the Project complies with the Palm Desert Environmental Sustainability
35 Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold,
prepared by SCAQMD, October 2008.
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RESOLUTION NO. 2019-83
Plan, impacts are considered significant and unavoidable."
C. ALTERNATIVES CONSIDERED AND REJECTED
Two Project alternatives were identified and considered but not analyzed in detail. The
reasons why these alternatives are not considered further are described below:
Alternative Site
The applicant considered other available sites within the Desert Willow Golf Course, prior to
entering into negotiations with the City for the proposed Project site. Two vacant parcels
located east of Desert Willow Drive were evaluated. The parcel furthest to the southeast, and
adjacent to the existing commercial shopping center, was not of adequate size to
accommodate the Project components, and was rejected for that reason. The site closest to
the proposed Project was of a similar size, but was rejected because the access to the site is
restricted and its expansion would require reconstruction of existing golf course holes. In
addition, the site's proximity to existing single family residential development to the northeast
would have resulted in greater impacts to these residents, particularly as related to noise,
traffic and air quality.
All -Retail Alternative
An alternative that would have resulted in an all -retail specialty shopping center was
considered and rejected. This alternative would have resulted in up to 250,000 square feet of
mixed retail development, including restaurants and shopping opportunities. This alternative,
however, would not meet the Project's objectives for world -class recreational facilities and
transient occupancy tax generation, considered key in the development of Desert Willow pad
sites when the City conceived of the project. These goals have been critical in leading the
City's efforts toward development of the remaining pad sites for the long term economic
viability of the Desert Willow project area. In addition, the intensity of development would
result in greater impacts associated with traffic and air quality.
D. ALTERNATIVES SELECTED FOR ANALYSIS IN THE EIR
Three alternatives were selected for consideration, based on the potential of each alternative
to reduce the significant and unavoidable impacts of the proposed Project, and the ability to
meet the stated project objectives. Each alternative is summarized below.
Alternative A— No Project— Northern Sphere Specific Plan
Alternative A, the No Project Alternative, assumes the site will build out according to land use
designations and development standards of the North Sphere Specific Plan (NSSP), which
is the current Specific Plan regulating development within the Project area. The Project site
is located in Planning Area 10 (PA 10) of the NSSP. According to the Section 4 North Sphere
EIR, PA 10 was planned for a "Luxury Hotel" with a maximum of 500 rooms. Buildout of
Alternative A would result in the development of a 5-story hotel with a maximum of 500 rooms
totaling 665,000 square feet (including 100,000 square feet of meeting/hall space), as well as
300,000 square feet of landscaping/pool/recreation facilities, and 660 parking spaces.
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RESOLUTION NO. 2019-83
"No Project" Alternative A: Northern Sphere Specific Plan
(Assumes conformance to Northern Sphere SP: PA 10 Luxury Hotel)
Land Use (Total 17.69 AC)
SF
Max 500 Rooms, 5 stories (incld. 100,000SF meeting/hall
space)
665,000 SF
Landscaping/pool/recreation
300,000 SF
Parking
660
The majority of the site (15 AC) is classified as Planning Area 10 (PA 10) within the NSSP.
See Table 4.1 Statistical Summary Table, Section 4 North Sphere EIR.
Alternative B — Mixed Use Alternative
Alternative B, the Mixed Use Alternative, assumes the entire Project site will be developed
according to existing General Plan land use designations and standards. The site is currently
designated as Resort and Entertainment on the City's General Plan Land Use Map, which
allows bed and breakfast inns, recreational facilities, small retail, large retail, and lodging,
support retail and commercial services along with specialized entertainment with a
commercial floor area ratio (FAR) of up to 0.10, and multi -family residential land uses of up
to 10 dwelling units per acre (du/ac). For analysis purposes, it is assumed site standards are
applied to the entire site acreage (as opposed to dividing the acreage in half) for both
commercial and residential land uses. At buildout, Alternative B would include approximately
77,100 square feet of commercial development, 177 dwelling units, and 817 parking spaces.
This alternative would reduce significant air quality and greenhouse gas impacts because of
reduced vehicle trips.
Mixed Use Alternative B
(Assumes buildout under existing GP land use)
Land Use
SF/DU
Commercial (17.69 AC)
Commercial (0.10 FAR)
77,100 SF
*Parking (6 per 1,000 SF)
463
Residential (17.69 AC)
Residential (10 DU/AC)
177 units
Parking (2 per unit)
354
The site is currently designated as Resort and Entertainment District on
the City's General Plan Land Use Map, which allows bed and breakfast inns,
recreational facilities, small retail, large retail, and lodging, support retail and
commercial services along with specialized entertainment with a commercial
floor area ratio (FAR) of up to 0.10, and multi -family residential land uses of
up to 10 dwelling units per acre (DU/AC). Assumes site standards are
applied to entire site for both commercial and residential, with Council
approval.
89
RESOLUTION NO. 2019-83
Mixed Use Alternative B
(Assumes buildout under existing GP land use) ONO
Land Use SF/DU
*Parking Standards per PDMC. Commercial: Restaurants = 8 per 1,000SF;
Shopping Centers 4 per 1,000 SF. Assumes 6 per 1,000 SF.
Alternative C — Residential Alternative
.r
Alternative C, the Residential Alternative, assumes the entire site will build out as a residential
development, allowing the maximum residential density under the existing Planned
Residential District (PR-5) zoning standards. The purpose of this district is to provide for
flexibility in residential development by encouraging creative and imaginative design, and the
development of parcels of land as coordinated projects involving a mixture of residential
densities (4.0 — 40.0 du/ac), mixed housing types, and community facilities. City staff has
indicated that it will not allow multi -family, apartment style development on the Project site
due to its location within the Desert Willow property. Therefore, the maximum density in the
PR-5 zone allowed for the Project site is 5 dwelling units per acre. At buildout, Alternative C
would include approximately 89 dwelling units and 178 parking spaces. This alternative would
reduce significant air quality and greenhouse gas impacts because of reduced vehicle trips. am
Residential Alternative C
(Assumes buildout under max res. density allowed under PR-5 zoning) ww
(Total 17.69 AC)
DU
Residential (5 DU/AC)
89 units
Parking (2 per unit)
178
Planned Residential District (PR). The purpose of this district is to provide for flexibility in
residential development, by encouraging creative and imaginative design, and the
development of parcels of land as coordinated projects involving a mixture of residential
densities (4.0-40.0 du/ac), mixed housing types, and community facilities. The maximum
project density shall be as expressed in dwelling units per gross acre of not more than the
number following the zoning symbol PR (5 DU/AC).
The table below summarizes whether the proposed Project or any of the Project Alternatives
meet project objectives.
Alternative C, which would result in 89 single family homes, meets none of the project
objectives because it does not result in a resort development which would bring recreational
opportunities and long-term revenues associated with transient occupancy tax. The City
Council hereby rejects Alternative C on the following grounds: omm
r.w
90
RESOLUTION NO. 2019-83
(1) the alternative fails to meet any of the project objectives because it would not provide a
resort or recreational amenity consistent with the goals of the North Sphere Specific Plan or
the Desert Willow Golf Resort.
(2) the alternative is technically infeasible because it would not provide the City with long term
revenues.
Alternative B, the mixed -use alternative, also does not meet Project objectives, insofar as it
would not consist of a resort development, and would not expand tourism opportunities in the
City. The City Council hereby rejects Alternative B on the following grounds:
(1) the alternative fails to meet most of the project objectives, insofar as it would not provide
a resort project consistent with the goals of the North Sphere Specific Plan and Desert Willow
Golf Resort.
(2) the alternative is technically infeasible because it would not provide the City with long term
revenues.
Alternative A, which would implement the North Sphere Specific Plan and result in a 500-
room hotel, could meet most of the Project objectives, because it is consistent with the resort
atmosphere planned for the Desert Willow project area. It would not, however, include the
recreational feature of a surf lagoon, or enable the water conservation created by the turf
reduction project included in the proposed Project. Alternative A would, however, reduce the
air quality impacts resulting from implementation of the proposed Project, but would not
reduce greenhouse gas emissions to less than significant levels. The City Council hereby
rejects Alternative A on the following grounds:
(1) the alternative fails to substantially reduce or eliminate the project's significant and
unavoidable greenhouse gas emission impacts.
Comparison of Project Objectives and Alternatives
Proposed Objectives
Proposed
Alternative
Alternative
Alternative
Project
A
B
C
Continue the mission of the Desert
Willow Golf Resort by providing a
Yes
No
No
No
world -class recreational opportunity
unique to the Coachella Valley.
Expand the City's tourism economy
and expand transient occupancy tax
Yes
Yes
No
No
revenues.
Implement water conservation and
recycling measures to minimize the
Yes
No
No
No
impacts to water supply from lagoon
and golf course water use.
Energy efficient resort development
to meet the City's sustainability
Yes
Yes
No
No
goals.
E. ENVIRONMENTALLY SUPERIOR ALTERNATIVE
91
RESOLUTION NO. 2019-83
Section 15126.6(e)(2) of the State CEQA Guidelines indicates that an analysis of alternatives
to a proposed Project shall identify an environmentally superior alternative among the am
alternatives evaluated in an EIR.
Each sub -section of the alternatives analysis in the EIR considered the potential impacts of
each alternative, and compared them to the proposed Project on a categorical basis. The
following tables provide summaries of these findings, and results in a conclusion regarding
the overall environmentally superior alternative.
Environmentally Superior
Development Alternative Comparison
Level of Significance*
Environmental Issue
Proposed
Project
Alternative
A
Alternative
B
Alternative
C
Aesthetics
LSM
LS
LS
LS
Air Quality
SU
LS
LS
LS
Biological Resources
LSM
LSM
LSM
LSM
Cultural & Tribal Resources
LSM
LSM
LSM
LSM
Energy
LS
LS
LS
LS
Geology and Soils
LSM
LSM
LSM
LSM
Greenhouse Gas Emissions
SU
SU
LS
LS
Hazards and Hazardous
Materials
LSM
LSM
LSM
LSM
Hydrology and Water Quality
LSM
LSM
LSM
LSM
Land Use and Planning
LS
LS
LS
LS
Noise
LS
LS
LS
LS
Population and Housing
LS
LS
LS
LS
Public Services
LS
LS
LS
LS
Transportation and Traffic
LSM
LSM
LSM
LSM
Utilities and Service Systems
LS
LS
LS
LS
SU= Significant and Unavoidable
LSM= Less than Significant with Mitigation
LS= Less than Significant
As can be seen in the table, the level of significance associated with the alternatives is
consistent with the proposed Project's impacts, with the exception of Air Quality and
Greenhouse Gas Emissions. Under the proposed Project, vehicular emissions of NOx and
CO2E would be significant and unavoidable, due to the higher number of trips generated by
the hotels, villas and surf center. Under all alternatives, air quality impacts would not exceed
SCAQMD thresholds, and impacts would be less than significant. Alternatives B and C would
result in less than significant greenhouse gas emissions; however, Alternative A, similar to
the proposed Project, would also result in significant and unavoidable impacts.
on*
%me
The same categorical comparison was conducted to determine the environmentally superior
alternative. The result of that analysis is depicted in the following table. As shown in that table,
Alternative C, which would result in 89 single family homes, would be the environmentally .,.
92
RESOLUTION NO. 2019-83
superior alternative, insofar as its impacts on the environment would be the least of all the
alternatives and the proposed Project. Alternative 3, however, would not meet the Project's
objectives.
Environmentally Superior
Development Alternative Comparison
Environmentally Superior Alternative
Environmental Issue
Proposed
Project
Alternative
A
Alternative
B
Alternative
C
Aesthetics
X
Air Quality
X
Biological Resources
Equivalent for all scenarios — full site disturbance
Cultural Resources
Equivalent
for all scenarios — full site disturbance
Geology and Soils
X
Greenhouse Gas Emissions
X
Energy
X
Hazards and Hazardous
Materials
X
Hydrology and Water Quality
X
Land Use and Planning
X
Noise
X
Population and Housing
X
Public Services
X
Transportation and Traffic
X
Utilities and Service Systems
X
The City Council finds that the Proposed Project is the environmentally superior alternative
that best meets the project purpose and need and project objectives.
93
RESOLUTION NO. 2019-83
SECTION 11: ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATIONS
In compliance with Section 15093 (a)(b) of the State CEQA Guidelines, the City of Palm
Desert, as Lead Agency, must "balance, as applicable, the economic, legal, social, % o
technological or other benefits of a proposed project against its unavoidable environmental
risks when determining whether to approve the project." The adverse environmental effects
may be considered "acceptable" where the benefits of a project outweigh its unavoidable
adverse environmental effects. When the Final EIR identifies significant effects that are not
avoided or substantially lessened, the Lead Agency must state the specific reasons to support
approval
The City Council, having considered the entire administrative record on the DSRT SURF
Project, and having weighed the benefits of the Proposed Project against the unavoidable
adverse impacts to air quality and greenhouse gas emissions after mitigation, has determined
that each and every one of the following social, economic and environmental benefits of the
Proposed Project individually outweigh all of the potential significant and unavoidable adverse
impacts and render those potential adverse environmental impacts acceptable based upon
the following overriding considerations:
The Proposed Project proposes a high quality development which will complement
and enhance the existing development within the Desert Willow Golf Resort, as the
Proposed Project involves reutilizing parking lot areas and developing land that was
previously graded as part of the Desert Willow golf course but never developed.
2. The Proposed Project will bring a recreational technology to the City that is the first of 0M
its kind in the United States, providing a unique venue to broaden the City's tourism
market and bring people, including surfers, to the City who would not have considered
the Coachella Valley for tourism. This will include an increase in room nights and
associated revenues to existing hotels in the City and region.
3. The Proposed Project will bring a year-round surf venue to the desert, helping to
stabilize the tourism economy in the shoulder and summer seasons, because the use
of the surf lagoon will be a year-round activity not subject to the heat of summer which
currently keeps tourists away from the City.
4. The Proposed Project will expand the City's recreational resources and provide a
unique recreational opportunity to all City residents and visitors.
5. Implementation of the Proposed Project will continue to enhance the Desert Willow
Golf Resort and provide additional revenues, in the form of sales tax, transient
occupancy tax and property tax, which will ensure the economic stability of the City.
6. The Proposed Project will stimulate the City's economy by bringing additional tourism
into Palm Desert, as visitors would travel to utilize the surf lagoon and surf center
facilities including the restaurant, bar, and retail uses, as well as attend special events.
Additionally, tourism would increase as visitors utilize the hotel and villas. Increased
tourism would bring in revenue for commercial areas in the vicinity of the Project, such
as dining and shopping activities.
...+
94
RESOLUTION NO. 2019-83
7. Implementation of the Proposed Project will result in an energy efficient resort
development designed to meet the City's sustainability goals, as the Proposed Project
involves the conversion of existing turfed landscaping surrounding both golf courses
to desert landscaping, resulting in a reduction of 106 acre feet of water use per year
in perpetuity. Additionally, the Proposed Project involves the installation of solar
panels which would offset the Project's electrical demand.
S. Construction of the Proposed Project will generate temporary employment
opportunities over an estimated two year period until construction is complete. Once
constructed, the surf center and lagoon will generate more than 300 permanent new
jobs, including management mechanical and technical, retail, restaurant service jobs,
recreational instructors and emergency personnel. The hotel and villas would also
generate a variety of new jobs, including management, retail and hotel service jobs.
Thus, the Proposed Project supports the City's General Plan policy regarding a jobs -
housing balance and will provide jobs to current and future residents, thereby allowing
residents to work within the City, rather than traveling to distant jobs outside the City.
The City Council hereby declares that each and every one of the foregoing individual benefits
provided through approval and implementation of the DSRT SURF Project outweigh all of the
identified significant environmental impacts which cannot be mitigated. The City Council finds
that each of the benefits, separately and individually, outweighs the unavoidable adverse
environmental effects identified in the EIR and therefore finds those impacts to be acceptable.
SECTION 12: ADOPTION OF THE MITIGATION MONITORING AND REPORTING
PROGRAM
Public Resources Code Section 21081.6 requires that a Mitigation, Monitoring, and
Reporting Program be adopted upon certification of an EIR to ensure that the mitigation
measures are implemented. The Mitigation, Monitoring, and Reporting Program specifies
what the mitigation is, the entity responsible for monitoring the program, and when in the
process it should be accomplished.
The City Council hereby adopts the Mitigation Monitoring and Reporting Program
attached to this Resolution as Exhibit "A." Implementation of the Mitigation Measures
contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of
approval of the Project. In the event of any inconsistencies between the Mitigation Measures
set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation
Monitoring and Reporting Program shall control.
SECTION 13: CERTIFICATION OF THE EIR
The City Council finds that it has been presented with the EIR, which it has reviewed
and considered, and further finds that the EIR is an accurate and objective statement that
has been completed in full compliance with CEQA, the State CEQA Guidelines and the City's
Local CEQA Guidelines and that the EIR reflects the independent judgment and analysis of
the City Council.
W
RESOLUTION NO. 2019-83
The City Council declares that no evidence of new significant impacts as defined by
the State CEQA Guidelines section 15088.5 have been received by the City Council after
circulation of the Draft EIR which would require recirculation.
Therefore, the City Council hereby certifies the EIR based on the entirety of the record
of proceedings.
SECTION 14: CUSTODIAN OF RECORD
The documents and materials that constitute the record of proceedings on which this
Resolution has been based are located at Palm Desert City Hall, 73510 Fred Waring Dr, Palm
Desert, CA 92260. The custodian for these records is the City Clerk of the City of Palm Desert
or designee. This information is provided in compliance with Public Resources Code section
21081.6.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 141h day of November, 2019, by the
following vote, to wit:
AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUSAN MARIE WEBER, MAYOR
ATTEST:
R HELL D. LASSEN, 1TY CLERK
CITY OF PALM DESERT, CALIFORNI
Nil
MWO
bow
two
RESOLUTION NO. 2019-83
Exhibit "A"
Mitigation Monitoring and Reporting Program
97
RESOLUTION NO. 2019-83
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