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HomeMy WebLinkAboutCity Council Staff Report 1272022 CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES CITY COUNCIL STAFF REPORT DATE: January 27, 2022 PREPARED BY: Eric Ceja, Deputy Director of Development Services Rosie Lua, Planning Manager REQUEST: Consideration of an amendment to the Specific Plan, Precise Plan, Tentative Tract Map, and a Disposition and Development Agreement for DSRT SURF, a resort development inclusive of a 5.5-acre surf lagoon and surf center facility, a four-story 92-room hotel, and 83 residential units on a vacant 17.69-acre site; and an addendum of the Environmental Impact Report for the DSRT SURF Project located on the west side of Desert Willow Drive. Recommendation Waive further reading and adopt the following City Council Resolution in support of the DSRT SURF Project: 1. Adopt City Council Resolution No. 2022-____ approving Case Nos. Amendment No. 1 to SP 18-0002, PP 18-0009, TTM 37639, and an addendum to the EIR for the DSRT SURF Project, subject to the conditions of approval. By Minute Motion: 1. Approval of a Revised and Restated Disposition and Development Agreement (DDA) between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Approval of a Transient Occupancy Tax (TOT) Agreement as-to-form with Desert Wave Ventures, LLC, in an amount not to exceed $16.1 million for the operation of a 92-room AAA four-diamond hotel located on Parcel B within the Desert Willow Golf Resort. 3. Authorize the Mayor to execute said Agreements. 4. Authorize the City Manager to make non-substantive changes to the DDA and TOT Agreement as needed prior to execution by the Mayor. 5. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA, including an Acquisition Agreement as to form and the attached City Cost Reimbursement Agreement as to form. January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 2 of 21 6. Authorize the City Manager to execute said agreements. 7. Appropriate $20 million to Fund 451 for costs associated with the public improvements at identified sites of the Project. These funds are reimbursable from the associated residual bond proceeds and controlled by the attached Acquisition Agreement as-to-form. Architectural Review Commission On April 27, 2021, the Architectural Review Commission (ARC) approved by Minute Motion a recommendation of approval to the Planning Commission for the proposed architecture, landscape, and site plan for the DSRT SURF Project (“Project”), subject to the following: 1) Consider comments made by the ARC Commission; 2) Applicant should refrain from the use of composite wood material that appears monochromatic and sensitive to extreme weather; 3) Considering its large scale development, the material for the stone veneer located on the south elevation should be balanced appropriately; 4) The hotel service utility doors should be screened; 5) Applicant should be mindful of the surf wall surrounding the lagoon and its proximity to the walkway and consider providing an additional illustration which better demonstrates what is being proposed for this area; 6) Consider variation for the garages on the stacked flats; 7) Applicant should be conscientious about the scale of the exterior material for the Surf Center; and 8) Applicant should consider roof-top A/C units for the condos. The motion carried by a 5-0 vote with Commission Vuksic absent. Planning Commission The Planning Commission (PC) reviewed the amendments for the Specific Plan (SP), Precise Plan (PP), and Tentative Tract Map (TTM) including the addendum to the Environmental Impact Report (EIR) on December 21, 2021, and the motion carried by a vote 3-0 (Chair Greenwood and Commissioner Gregory abstained) vote to recommend approval to the City Council. There were no public comments provided for the Project. Strategic Plan The DSRT SURF resort and surf lagoon accomplish the following priorities outlined in the Envision Palm Desert → Forward Together 2013-2033 Strategic Plan: Economic Development Priority 1: Expand job and business creation opportunities. Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. Land Use, Housing & Open Space Priority 1: Enhance Palm Desert as a first-class destination for premier shopping and national retail business. January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 3 of 21 Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs. Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. Priority 3: Attract new and developing travel/tourism markets. Executive Summary On November 14, 2019, the City Council approved the DSRT SURF Specific Plan (SP), Precise Plan (PP), and Tentative Tract Map (TTM) by Resolution 2019-82 and adopted Resolution No. 2019-83 certifying an EIR, SCH No. 2019011044, Mitigated Monitoring and Reporting Program, and adopted a Statement of Overriding Consideration in evaluating potentially adverse environmental impacts. The land use allowances in the Specific Plan included a six-acre surf lagoon, up to 350 hotel rooms, and 88 residential villas. On February 4, 2021, Desert Wave Ventures, LLC, applied for amendments to the approved SP, PP, and TTM, including an addendum to the EIR for the development of a 5.5-acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping constructed on 17.69 acres within the Desert Willow Golf Resort, and an off-site parking location in close proximity. In addition to the land use approvals for the Project, a Revised and Restated Disposition and Development Agreement (DDA) is also under consideration. The DDA is revised to address changes in the Project scope and outlines salient points for the Project, including the timing of Project improvements, financial support for a Transient Occupancy Tax (TOT) reimbursement, use of bond funds for public improvements, and sale of property from the Successor Agency to Desert Wave Ventures, LLC. Background Analysis A. Property Description: The Project site is approximately 17.69 acres, located on the west side of Desert Willow Drive, north of Country Club Drive, and south of the Desert Willow Clubhouse. The lot is irregularly shaped and is bounded by the Desert Willow golf course on the west, south, and east of the proposed Project. The existing Desert Willow Clubhouse parking lot borders the northern property line. Approximately three (3) acres at the northeast corner of the site are developed with parking lot improvements for the Desert Willow Clubhouse, and the remaining 14 acres of the site were mass graded as part of the Desert Willow development but remain undeveloped. B. Zoning and General Plan Designation: Zone: PR-5 – Planned Residential (5 du/ac)/PC-2 - Planned District Commercial General Plan: Resort and Entertainment/Suburban Retail C. Adjacent Zoning and Land Use: January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 4 of 21 North: PR - 5 – Desert Willow Clubhouse/parking and golf course (Hole 18) South: PR - 5 – Desert Willow golf course (Hole 15) East: PR - 5 – Desert Willow golf course (Hole 7) West: PR - 5 – The Westin Desert Willow Villas Project Description The amendment to the DSRT SURF SP includes operation functions and development standard changes; however, the land use allowances remain as originally approved. The Project as amended is a single-phased Project including a surf lagoon and surf center facility (including support facilities), a four-story 92-room hotel, and 83 residential units including villas and stacked flats (ownership units), a perimeter roadway, landscape, and infrastructure improvements within Desert Willow on the 17.69-acre site. The land uses in the proposed Project are within the allowances approved in the DSRT SURF Specific Plan on November 14, 2019. The Project includes the subdivision of the site into five (5) parcels for its respective uses. The Project also incorporates an off-site parking location (Lot E) near the Project site to provide valet services to the hotel and facilities. Specific Plan: The proposed amendments to the DSRT SURF Specific Plan are detailed below: Land Uses The SP amendment consolidates the uses previously established in two (2) phases into a single Project with no proposals to change the density and intensity of the land uses as approved by the original DSRT SURF SP. Table 1 (Land Uses) shows the combined land uses as proposed in the amendment: TABLE 1 DSRT SURF SPECIFIC PLAN LAND USES Land Use Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Max 35,000 SF Hotel(s) Max 350 rooms Villas 15 units per acre/88 villas max. Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 15,000 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area Table 1 shows the land uses with the maximum allowed intensities, none of which are higher than the originally approved DSRT SURF Specific Plan. For example, the surf center has removed the breakdown of the ancillary uses and combined the square footages as a maximum. In addition, the land use for landscaping/Open Space (OS)/Pool/Recreational Space previously included 25 percent per planning area, which have been amended to 20 January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 5 of 21 percent overall. The reduction of the landscape requirement is due to the reconfiguration of the site plan, which places residential units at the perimeter of the lagoon. The proposed landscaping requirement from 25 percent to 20 percent is acceptable since it does not decrease the aesthetics nor increase water usage. The Site Program and Recreational Amenities of the approved SP included an event lawn and art gallery, which no longer are proposed. Alternately, the replacements include a kids’ play area, pump track, pickleball, and flex space. Since these replacements promote recreational uses, it is deemed compatible with the DSRT SURF Specific Plan. Other modifications to the SP include the surf lagoon’s hours of operation related to music events and surf lagoon capacity. The original SP allowed outdoor music events Friday through Sunday to end at midnight and indoor music events to end at 2:00 a.m. The proposed revision allows music events seven (7) days a week and the hours of operation remaining as approved. This revision does not change the originally approved allowance of 12 special events per year. The surf lagoon capacity is proposed to reduce from an average of 75 occupants to 70 occupants (maximum) and continue to accommodate 95 surfers for special events as originally proposed. In addition, the circulation of this Project has also changed since the gates and guard access to the residential areas have been removed; therefore, all internal roads are accessible to the public. Development Standards The Specific Plan amendment proposes changes to the originally approved development standard see Pages 14 to 16 of the DSRT SURF Specific Plan amendment. Table 2 shows the proposed development standards as compared to the development standards of the underlying zoning district. TABLE 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF Density Villa Density [PR: Density (du/ac), min – max] 4 – 40 15 du/ac max Hotel Density -- 350 rooms max Building Measurements PR: Height / Number of Stories, max 40’ / 3 50’/ 41 PC-4: Height / Number of Stories, max 55’/ 4 Villa size, max bedrooms per villa -- 4 bedrooms Hotel Room/Suite size, (min SF/ avg. SF per room) 330 SF / 375 SF 330 SF, 375 SF January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 6 of 21 TABLE 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF Coverage PR: Building Coverage, max % of Planning Area 50% 50% PC-4: Floor Area Ratio 0.10 Recreational/Lagoon Coverage, min % of Planning Area -- 40% (Currently 50%) Surf Center Setbacks Setback from golf course -- 25’ PR: Front Yard, min -- -- PR: Side Yard, min -- -- PR: Street Side Yard, min -- -- PR: Rear Yard, min -- -- PC-4: Front Yard, min 30’ -- PC-4: Side Yard, min 15’ -- PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ -- Hotel Setbacks Setback from golf course -- 25’ PC-4: Front Yard, min 30’ 20’ PC-4: Side Yard, min 15’ 15’ PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ 20’ Villa Setbacks Setback from golf course, min -- 5’ PR/PC-4: Front Yard, min -- 5’ PR: Side Yard combined both sides, min -- 5’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 5’ Stacked Flats Setbacks Setback from golf course, min -- 20’ PR/PC-4: Front Yard, min -- 5’ January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 7 of 21 TABLE 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF PR: Side Yard, min -- 0’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 10’ Landscaping/Open Space/Recreation PR: Planning Area Coverage, pervious surface, min 25% (total Res lot area) NA PR: Front Yard Coverage, non-pervious surface, max 40% (front yard) NA PC-4: Commercial Landscaping (other) coverage, min 20% 20% Landscaping, Specific Plan Perimeter, min -- 5’ Source: Palm Desert Municipal Code; Zoning. 1. Parapets, towers, and similar elements may exceed the 50’ building heigh by no more than 10’. Roof stairwells and elevators may exceed the 50’ building heigh by no more than 15’. PR = Planned Residential (planning area existing zoning/land use) PC-4 = Planned Commercial: Resort and Entertainment. Reference for comparable land use standards proposed under DSRT SURF. PR Development Standards, PDMC Ch. 25.10.050 and/or Residential Landscaping PDMC Ch. 25.52.030 PC-4 Development Standards PDMC Ch. 25.16.050. Special Use Provisions: Hotels Minimum room size PDMC Ch. 25.34.070 Table 2 shows the Project in a single area, combining the two (2) Planning Areas originally approved. The maximum density continues as 15 dwelling units per acre (du/acre), providing a maximum of 88 residential units as originally approved and a maximum hotel room capacity of 350 rooms. The amendment to the revised height requirement allows buildings to exceed the 50-foot building height maximum originally approved to include 10 additional feet in height, specifically for architectural features related to parapets, towers, and similar elements. Also, where required, allows 15 feet in height allowance above the 50 feet for roof stairwells and elevators. All elements increasing above the 50-foot height maximum should incorporate proper architectural screening. In addition, the revision to the SP includes setback standards as shown in Table 2 for the newly proposed residential type described as Stack Flats condominiums for the front, side, rear, street, and golf course setback requirements. The originally approved Design Guidelines for building architecture, landscape, lighting, and signage that primarily focuses on the “Desert Mid-Century Modern,” sustainable building materials, and desert plant materials and inert materials remain unchanged. Parking January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 8 of 21 Table 4 shows the Parking and Loading Standards unchanged from the originally approved standards with the exception that parking stall dimensions have been included stating a minimum of nine (9) feet wide by 18 feet long, which differs from the City’s Municipal Code requirements. The City Engineer has reviewed the proposed dimensions and has deemed it acceptable to reduce the length of the required parking stall by six inches. TABLE 3 PARKING AND LOADING STANDARDS1 Measurement/Standard Existing DSRT SURF Commercial/Recreational Parking Restaurants/Bars/Lounges 8 per 1,000 SF 8 per 1,000 SF Surf Lagoon -- 1.5 per surfer (70 max. surfers) Off-site/Special Events -- 500 stalls Villa Parking Studio and one bedroom 2 stalls per unit 2 per unit Two or more bedrooms 2.5 stalls per unit Hotel Parking Hotels 1 stall per guest unit 1 stall per guest unit Resort Hotels 1.1 stalls per guest unit Stall Dimensions Off-Street Parking Stalls, min. 9’ wide by 18’6” long 9’ wide by 18’ long Off-Street Loading Loading Berth, min L x W 45’ x 12’ 45’ x 12’ Setback to residential, min 50’ 10’ 1 Project to also provide parking for golf clubhouse per separate agreement with City. 130 total spaces. Source: Palm Desert Municipal Code; Zoning, PDMC CH. 25.46.040 Parking Requirements. The amendment to the SP allows the hotel to include podium parking at the second level, completely screened by the building’s architectural features. The parking located on this site will include a shared parking agreement; therefore, it is not restricted to a certain use. In addition, Lot E is an off-site location for overflow parking including, approximately 2.74 acres of vacant land located at the southeast corner of Desert Willow Drive and Market Place Drive. This off-site parking location is anticipated to have 288 parking spaces. The Project includes Lot E, a City-owned property adjacent to the Ralph’s shopping center, approximately ½ mile south of the Project site. The applicant will be required to enter into a parking management January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 9 of 21 plan with the City for off-site parking locations and implement valet service to the site. Once improved, a portion of the parking area is intended to remain as public parking. In addition, the City Council approved an incentive to reduce the total number of parking spaces required for the Project at the approval of the originally approved DSRT SURF SP. No further parking reductions have been requested as part of this amendment. Landscaping The amendment to the SP removed references to phasing the installation of the landscaping since it will be constructed as a single phase. All landscape is to remain as low to medium water usage desert landscape including the proposed residential housing types will be required to maintain a compatible landscape. Turf Reduction Program The Turf Reduction Program encompasses the removal of over one (1) million square feet of turf within the Desert Willow Golf Courses (Firecliff and Mountain View courses) and requires replacing it with drought-tolerant planting materials (desert landscaping) and low water usage irrigation systems in the efforts to offset water demand for the proposed Project. In 2019, a Water Supply Assessment (WSA) was prepared to analyze the project-specific water demands and potential impacts on the local and regional water supply. The variables for the analysis considered the highest intensive land uses including, the 5.5-acre surf lagoon, surf center and amenities, 350-room hotel and 88 residential units, on-site pools/spas, and landscaping. The WSA resulted in a gross water demand of 165.21 acre-feet per year (AFY) and net water demand of 58.46 AFY, total savings of 106.75 with the turf removal and January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 10 of 21 replacement of desert landscaping. In 2021, with the consideration of this application, the Project variables changed to include a 5.5-acre surf lagoon, surf center and amenities, a 92- room hotel and 83 residential units, on-site pools/spas, and landscaping. The WSA for the buildout of this change in uses resulted in a gross water demand of 114.35 acre-feet per year (AFY) and net water demand of 7.6 AFY after accounting for the turf removal and replacement. In perspective, the “7.6 AFY is equivalent to the annual water demands of 58 residential units.” (See Attachment 5). Precise Plan: The PP provides a detailed site plan, building architecture, and landscaping plan for the entire Project, inclusive of a surf lagoon, surf center, hotel, residential units, and all support facilities. The total building lot coverage is 19.9 percent of the Project site. Here are the Project’s proposed land uses in relation to the proposed heights to be constructed. LAND USE DESCRIPTION DEVELOPMENT INTENSITY HEIGHTS Surf Lagoon 5.5-acre surf lagoon, Control/Lifeguard Tower (429 square feet), beach area, boardwalk/pier, and support facilities. 26 feet & 7 inches (Tower) 15 feet (Maintenance Building) Amenities Surf Center (7,263 square feet) Clubhouse (approximately 1,494 square feet) Kids Play area Pickle Ball Court/Crane Pad Pump Track Pools/Spas 26 feet (Surf Center) 24 feet & 6 inches (Clubhouse) Hotel One (1) Hotel operator with 92 rooms 55 feet Residential 83 Residential units with two (2) housing types (50 stacked flats and 33 villas) 37 feet & 9 inches (stacked flats) 26 feet & 6 inches to 33 feet & 6 inches (villas) Hotel The 92-room hotel is four (4) stories (55 feet in height), with a building area of 68,689 square feet with a deck of 15,674 square feet. The first level includes a restaurant, stand-alone bar, café, meeting and banquet rooms, and parking structure of 81 stalls. The second level is an enclosed parking-only area with 69 stalls. The third level is a fitness center, spa, flex space, bar and kitchen, outdoor amenity deck, and guest rooms. The fourth level will be entirely guest rooms. The total podium parking space within the hotel includes 151 stalls. The Desert Mid-Century Modern architecture theme is proposed for the hotel site with open breezeways, ample glazing, angular construction, light facades, and outdoor space. The hotel building materials include stacked stone, composite wood siding/ceiling, roof overhangs consisting of January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 11 of 21 ocotillo (natural plant), and a wave roof element providing a prominent entry feature to the Project. The proposed architecture meets the architecture characteristics are required by the DSRT SURF Specific Plan that blends various natural material elements, shading, irregular rooflines with unique design. Surf Center and Support Facilities The surf center (Center) is located immediately south of the Desert Willow Clubhouse. The Center is a single-story, 26 feet in height with a total of 7,263 square feet, which contains a reception and lounge area, equipment storage and rental area, retail shop, flex space, office, locker rooms, restrooms, and outdoor showers and changing area. The architecture is a Desert Mid-Century Modern architectural style with indoor and outdoor spaces. The proposed architecture meets the architecture characteristics are required by the DSRT SURF Specific Plan compatible with the hotel. Surf Lagoon The 5.5-acre surf lagoon remains as originally designed at the center of the site, which includes a perimeter pathway bordering the lagoon, beach areas, a two-story 429 square feet (26 feet and 7 inches in height) control room, and lifeguard tower, which provides restrooms and the lagoon support operations, a 4,909 square feet maintenance building and yard located at the south end of the lagoon. The architecture of the building is designed to match the maintenance building and the materials like the Center including, masonry block, stucco, and composite wood siding and ceiling, which is compatible with the Center. Residential The residential component of this Project includes two (2) housing types, stacked units (condominiums) and villas (single-family homes), all ownership units. The residential units and the clubhouse are designed with Desert Mid-Century Modern architectural characteristics that include façade articulation and the use of a variety of materials similar to the Hotel and Center. The 50 units, referred to as stacked flats, are three stories in height (37 feet and 9 inches) with seven (7) floor plans ranging from 1,398 square feet to 2,275 square feet, each with outdoor deck space and garages. From the total stacked flats, 20 units are designed with a lock-off option to accommodate the rental of the units. January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 12 of 21 The 33 villas (single-family homes) include floor plans ranging from 2,352 square feet to 2,622 square feet with outdoor deck spaces (optional features include backyard cabana, roof deck), with transparent balconies facing the lagoon, and each home includes a two-car garage. The heights range from 26 feet and 6 inches to 33 feet and 6 inches to the height points of the roof deck overhead element. These homes are designed with a lock-off option to accommodate the rental of the units. The lot widths range from 31 feet to 40 feet widths and 65 feet to 99 feet depths lot sizes. The clubhouse is approximately 1,494 square feet (24 feet 6 inches in height) includes a kitchen, great room, extended patios, and restrooms. Additional HOA amenities: · Pickle Ball Court · Shaded Spaces · Lawn Area · Pools and Spa · BBQ Area and Seating · Tot Lot · Public restrooms January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 13 of 21 Parking The on-site parking includes 151 spaces in the podium parking and 126 surface parking spaces for the site (Surf Center & Lagoon). The parking structure will be available for public parking. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project. The table below provides a breakdown of the total required on-site parking spaces pursuant to the DSRT SURF Specific Plan and the off-site parking for Lot E: USE PARKING REQUIRED PARKING PROVIDED Hotel 92 92 Surf Center & Lagoon 105 277 Residential (83 units) 166 166 On-site Site (total) 443 443 Off-site Parking (Lot E) 288+/- Landscape The amended Project proposes all landscape remain as desert landscape for the entirety of the Project. The landscape plan and the planting materials proposed for the perimeter, Hotel, and Center meet the requirements of the amended SP. The landscape character at the villa, stacked flats, and clubhouse sites have turf block, decomposed granite, or similar material to be used for additional parking, seating areas, and other gathering spaces. The clubhouse will include a large lawn space for gatherings and events, recreational areas, cabanas, and lounge space. Tentative Tract Map 37639 A TTM 37639 was approved by City Council on November 19, 2019, by Resolution No. 2019- 82, subdividing the 17.69-acre Project site into five (5) separate parcels including, conditions of approval to effectuate the development of the Project. The TTM 37639 amendment proposes to change the parcel sizes for condominium purposes of the originally approved parcels to accommodate the respective uses as summarized below: PARCEL SIZE USE Parcel 1 9.27 acres Surf Lagoon Parcel 2 2.54 acres Hotel/Surf Center Parcel 3 2.95 acres Stack Flats Parcel 4 0.74 acres Villas Parcel 5 2.19 acres Stack Flats Total 17.69 acres Analysis January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 14 of 21 A. Land Use Compatibility: The DSRT SURF SP, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the Project provides a unique resort destination and sports facility consistent with the intent of the Resort and Entertainment District. The General Plan land use designation of Resort and Entertainment District allows development for entertainment and resort destination uses, drawing visitors to the site. The amendment to the SP includes operational function changes and revisions to the development standards, none of which increases the density or intensity of the Project. The compatibility of the General Plan established in the original approval of the Project remains unchanged. B. Zoning Conformity: A specific plan is required to be consistent with the General Plan pursuant to California Government Code Section 65454 and PDMC Section 25.78.080 (Specific Plans). The approved DSRT SURF SP has been previously analyzed and determined that the Project was consistent with the goals and policies of the General Plan. The DSRT SURF SP has land use allowances inclusive of a maximum of a six-acre lagoon, 35,000-square-foot surf center, 350 rooms for a hotel, 88 residential units, a clubhouse of 3,125 square feet, and 15,000 square feet for maintenance and equipment buildings. The amendment to the SP includes height maximums of 50 feet for buildings and an additional 15 feet to accommodate architectural features and related roof equipment and apparatus. The Project includes a 5.5-acre lagoon, a 7,263-square-foot surf center (26 feet in height), a 4-story, 92-room hotel (55 feet in height), 83 residential units (ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1,494-square-foot clubhouse (24 feet 6 inches in height), and 4,909 square feet of maintenance buildings (15 feet in height). The land uses and heights specified above are all within the allowances of the SP. The building lot coverage maximum is 50 percent; the Project site proposes 19.9 percent, which is within the required allowance. The setback requirements for the commercial component and residential components meet the minimum setback requirements of the SP. The Desert Mid-Century Modern architecture theme is continuous throughout the site with varying architectural elements and high-quality materials including, the incorporation of indoor and outdoor spaces that meets the architecture characteristics required by the DSRT SURF SP. The on-site parking including, the podium parking within the hotel and integrated garages for the residential units, provides for the 443 required parking spaces. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project. The Project proposes all landscape remain as low water usage desert landscaping for the entirety of the Project including, the perimeter. The Project uses conforms to all the requirements of the SP and all other applicable requirements as conditioned. C. CEQA: The City determined that this Project was subject to the California Environmental Quality Act (CEQA). The City further determined that an Addendum to the 2019 DSRT SURF Project Environmental Impact Report (EIR, SCH No. 2019011044) should be prepared, consistent with the requirements of CEQA. The Addendum has been prepared to evaluate the potential environmental impacts of amending the DSRT SURF SP, TTM, DDA, and January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 15 of 21 buildout of the revised DSRT SURF Project. In accordance with the CEQA, the Addendum analyzes the proposed Project amendments and demonstrates that all potential environmental impacts associated with the Project at buildout would be within the envelope of impacts already evaluated in the approved EIR, including both on-site and off-site impacts (such as stormwater drainage consistent with the Desert Willow Master Plan, which provides for drainage to golf course waste areas; and the construction of an off-site parking lot). In 2019, the City certified the DSRT SURF SP EIR that analyzed the development of the DSRT SURF Project (2019 Project). The 2019 Project would result in the development of a surf lagoon of up to six (6) acres in size, a surf center to include a restaurant, bar, retail, and similar facilities, up to 350 hotel rooms, and up to 88 resort residential villas on the 17.69-acre site. The Project was to be implemented in two (2) planning areas: the Surf Lagoon Planning Area (PA 1, 11.85 acres), and the Hotel and Villas Planning Area (PA 2, 5.84 acres). Planning Area 1 would be constructed first and include the development of the surf center and pie-shaped surf lagoon, which included a wave machine located in the central pier of the lagoon and in the mechanical building at the southeastern portion of the site. The Hotels and Villas Planning Area (PA 2) would be developed in phase 2 and result in the construction of the hotel(s) and villas on approximately 5.84 acres. The current revised Project proposes amendments to the 2019 DSRT SURF SP, PP, and TTM to accommodate modifications to the hotel, surf center facilities, and villas. Amendments to the DDA are also proposed, consistent with the revised Project. The SP amendment will not change the overall land use approvals for the site, which included 350 hotel rooms, 88 villas, a surf center, a surf lagoon, and ancillary facilities, including parking, recreation, and mechanical/service areas. The amended PP will result in the development of the entire site, consisting of a 92 key hotel, surf center, a 5.5-acre surf lagoon, 33 private villas, and 50 stacked flat residential units, as well as ancillary facilities to support these uses. Based on the evaluation of information provided in this EIR Addendum, no new significant impacts would occur as a result of the proposed Project, nor would there be any substantial increase in the severity of any previously identified adverse environmental impacts. Therefore, none of the conditions described in Section 15162 of the CEQA Guidelines has occurred. For this reason, an EIR addendum is the appropriate document to comply with CEQA requirements for the proposed Project. Revised and Restated Disposition and Development Agreement (DDA): The DDA is an agreement between the City and Desert Wave Ventures, LLC. It outlines business terms and timing for Project improvements, as well as real estate terms for when the City/SARDA will sell the land to the developer. Below is a breakdown of the land sale, business terms, and the City’s participation in a TOT reimbursement and use of bond funds for public improvements. A. Land Transaction In 2019, the City Council approved the DSRT SURF Project: a world-class, first-of-its-kind destination surfing lagoon and resort complex be built within the Desert Willow Golf Resort January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 16 of 21 area (DWGR). However, the developer, Desert Wave Ventures, LLC (Developer) is proposing several changes to the Project as described above. In order to accommodate the changes to the development new terms for the land sales are outlined in the Revised and Restated DDA. As part of the DDA several land agreements between the Developer, the City, and its Successor Agency to the Redevelopment Agency (SARDA) are included. On February 2, 2018, the City executed an Exclusive Negotiating Agreement with the Developer to explore Parcels B and C within DWGR. SARDA Oversight Board and the State Department of Finance approved the SARDA land sale in July of 2018. A Purchase Option Agreement (POA) was executed by and between SARDA and the Developer on August 15, 2018, for Parcel B. Concurrently, the Developer determined that additional land would be needed to accommodate the full build-out of the proposed resort. Therefore, the City entered into a POA with the Developer for two parcels that currently accommodate DWGR overflow parking. The three parcels are described as follows: · APN 620-420-023 - Owner: SARDA - 14.65 acres - $2,050,000 (“Parcel B” herein) · APN 620-420-024; -400-008 – Owner: City – 3.03 acres - $455,000 (“Overflow lot”) Terms of the POAs require the developer to fulfill a series of obligations prior to close of escrow. Extension options are available. The terms described in more detail below include securing full entitlements and execution of the DDA. The DDA will supplant the City’s POA and become the controlling document for the transfer of land of the City-owned parcels, while the SARDA POA will control the final transfer of SARDA land. In addition, the Developer will be required to complete a number of additional agreements, including those attached to-form and listed below. B. Incentives & Business Terms DSRT SURF resort is a first-of-its-kind facility that combines upper-upscale or luxury resort amenities and luxury for-sale villas all alongside a five-acre wave lagoon and surf center. City staff relies on third-party consultant reports to review development pro formas provided by the Developer and to conduct gap analysis based on those projections. The consultant, Keyser Marston Associates (KMA), reviews developer-provided costs, revenues, operating expenses, compares them with market expectations, and offers a projected gap based on a snapshot of the development at a given moment in time. Development Costs KMA reviewed a scope of the Project proposed by the developer with a total development cost projected at $218,772,000, an increase of $27,772.000 from the original Project approvals in 2019. Multiple factors have contributed to this number, including hard and soft costs, cost of financing, and market expectations of return. As a result, these numbers are subject to external market forces that may change over time. The Project costs reviewed include the hotel and villa development ($147,259,000) and surf lagoon ($71,513,000). Revenues are to be generated from multiple sources, including surf destination ticket sales, hotel revenues, and villa sales. Using a Return on Cost methodology and using the January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 17 of 21 total development costs across all phases of the Project described herein, KMA’s project feasibility gap projection is: Feasibility Gap Projections Surf Destination $11.4M Hotel & Villa Gap $24.8M Total Feasibility Gap $36.1M It should be noted that the hotel and villa gap is a blended analysis, which includes the returns generated on the sale of the villas. The actual gap of the hotel alone is slightly higher than what is shown in the pro forma gap feasibility analysis. Proposed City Sources Acquisition of Public Improvements $20.0M TOT Performance Based Rebate $16.1M Total Feasibility Gap $36.1M The proposed source of funds to acquire the public improvements are City bond proceeds for Project Area 2 (PA2); therefore, will not impact General Fund dollars. Disbursement of City funds is described in the attached DDA and controlled by various milestones that disburse funds in $2-5M increments based on those milestones. The final $2M payment will be accompanied by the execution of the Acquisition Agreement attached here as-to- form and requires a “look-back” by the City to ensure total project costs are not less than those estimated in the analysis. In the case that the total project costs are less than estimated, the Developer will reimburse the City an amount equal to the difference between $185M and total project costs. The revenues for TOT are performance-based rebate dollars, paid out of TOT proceeds first paid to the City upon start of the operation, and then rebated back to the owner at the proposed amounts: · 40% of Hotel Revenue · 60% of Villa Room Contributions to Hotel In no case shall the TOT shared rebate exceed the TOT amount described herein. By structuring the TOT rebate in this way, it is anticipated that the City will receive 100% of TOT sooner than it would otherwise at a full 50% rebate. Projected Revenues KMA projected total City revenues using the model described throughout this report. TOT revenues are calculated over 20 years at the current Project size and scope. If the Project changes, TOT revenues may need to be adjusted. TOT revenues projections are prior to any rebate to be paid to the Developer. Sales tax is calculated based on the proposed restaurant sizes and use market-based data for like-kind facilities in other areas. Property taxes are the City’s share of property taxes. Based on this analysis, total City revenues generated over 20-years are: January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 18 of 21 TOT $39.M Sales Tax $2.3M Property Tax $1.3M Total Revenue $42.6M Other business terms are included in the attached DDA. In addition to the DDA, there are other controlling agreements to the DDA and referenced with the DDA. Staff will present the agreements to the City Council that are by law or ordinance required to be reviewed and approved by the Council. However, staff recommends the Council provide authorization to the City Manager to execute those agreements that do not require Council approval and that accompany the DDA, which may include the following: · Acquisition Agreement (for the acquisition of public improvements). · TOT Agreement (for TOT performance-based rebate). · Maintenance and Use Agreement (controlling agreement for various public works and improvements). · Project Impact Fee Development Agreement (describing assessed project impact fees). · Various access and construction easements. · Other agreements as needed. Public Improvements & Benefits As described above, bond proceeds are used to acquire additional public improvements. These improvements, totaling approximately $20M, are outlined in the Acquisition Agreement and include: · 150 parking structure stalls for Surf Center and Desert Willow public parking. · 96 on-site surface parking stalls for the surf center and Desert Willow public parking. · 226 surface public parking stalls to meet obligations outlined in the mitigation requirements outlined in the EIR. Multiple public benefits justify the participation of City bond funds, including the following: · Increased jobs and economic growth both at DWGR and Citywide. · Enhanced TOT, sales and use tax, and property tax. · Additional entertainment and leisure activities for the citizens and visitors. · Growth of tourism and associated spending. · For participating residents, increased health benefits of a sports facility. · Impact fees and other associated fees to support City services. Staff recommends the City Council endorse these public benefits during its deliberations. In addition to the public benefits described above, the public was notified of this meeting in conformance with “AB 562” reporting requirements (State Code, Section 53083). AB 562 reporting requirements are for projects that receive more than $100,000 in economic January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 19 of 21 development subsidy, and future annual reporting requirements will be administered by staff. Fiscal Impact Sources: The proposed source of funds to acquire the public improvements are City bond proceeds for PA2; therefore, do not have impact General Fund dollars. These bonds were issued specifically for PA2 (DWGR) economic development activities and are one-time use only. This will deplete the fund balance for PA2. TOT tax revenues are incremental revenues and rebated on a performance basis only. Rebate is only made available if TOT is paid to the City. There is no impact to the General Fund other than a decreased amount of TOT for the term of the TOT agreement. Following full funding of the authorized amount, the City will receive 100% of hotel and villa revenue operations. Projected Revenues TOT $39.M Sales Tax $2.3M Property Tax $1.3M Total Revenue $42.6M KMA projected these revenues using the model described throughout this report. TOT revenues are over 20 years at the current scope and size. If the Project changes, TOT revenues may need to be adjusted. TOT revenues projections are prior to any rebate to be paid to the Developer. Sales tax is calculated based on the proposed restaurant sizes and use market-based data for like-kind facilities in other areas. Property taxes are the City’s share of property taxes. Total revenues in actual dollars are estimated at $42.6M to the City’s General Fund over the next 20 years, and revenue projections are subject to changes in general economic forces. Public Input City staff has received several letters of support from local entities and the public. Letters of support were received from Patrick Klein, Board President; Paula Simonds, CEO of the Family YMCA of the Desert; and from David Hilts, Founder of Coachella Valley Surf Club. A letter of support was also received from a member of the public at large. Copies of the letters received are provided as part of this staff report. Conclusion The DSRT SURF SP amendment is consistent with the purpose and intent of the Resort and Entertainment District. The Project proposes a high-quality Desert Mid-Century Modern architectural style building, desert landscaping combined with beach themes for this unique resort development inclusive of a 5.5-acre surf lagoon, a 92 key hotel, surf center, 83 residential units, as well as ancillary facilities to support these uses. The proposed land uses, January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 20 of 21 site design, architecture, and landscaping that is within the allowances and in conformance with the Specific Plan. The resort development, maintenance, or operation of the Project does not appear to have any adverse effects that are detrimental or injurious to property and improvements within the Desert Willow Golf Resort or the general welfare of the City. Therefore, the overall Project and the requirements imposed on this Project meet the goals and policies of the General Plan. The DDA has been revised to address changes in the Project scope and size. In consideration of the Project, the DDA outlines the following: · Timing of land sales from the City to the developer. · City’s participation in TOT rebates and bond proceeds for public improvements. · Disbursement of bond proceeds based on the developer’s obligation. · A “look-back” to ensure Project costs and not less than estimated. · Schedule of Performance for the developer. The changes to provide certainty for both the developer and City and City participation in the Project is justified through the Project feasibility gap detailed in this report. Environmental Review For the purposes of the California Environmental Quality Act (CEQA), the Director of Development Services has determined that the Project proposal requires consideration of an EIR. An EIR has been prepared and is summarized as part of this report. Staff is recommending that the City Council adopt a Resolution approving the Project, certify the EIR, and adopt a Statement of Overriding Consideration. January 27, 2022 - Staff Report Case Nos. Amendment No. 1 to SP 18-0002 /PP 18-0009/TTM 37639 & DDA: DSRT SURF Page 21 of 21 Findings of Approval The findings analyzed in the City Council Resolution No. 2022-____for this Project concludes the amendments to the proposed Project conforms to the General Plan and intent of the Specific Plan, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER RH Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez, Dir. of Development Services Janet M. Moore Janet Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, Todd Hileman: APPLICANT: Desert Wave Ventures, LLC c/o: Doug Sheres PO Box 147 Solano Beach, CA 92075 ATTACHMENTS: 1. City Council Resolution No. 2022-___ (Project Approvals) 2. City Council Public Hearing Notice 3. DSRT SURF Specific Plan Amendment (redlined) (hyperlink) 4. DSRT SURF Specific Plan Amendment (hyperlink) 5. Addendum to the EIR 6. Water Demand Analysis 7. TURF Removal Analysis by Terra Nova on November 11, 2021 8. Precise Plan & Tentative Tract Map Provided by the Applicant (hyperlink) 9. DDA 10. Architectural Review Commission- Notice of Action dated April 27, 2021 11. Planning Commission Resolution No. 2802 & draft minutes for December 21, 2021 12. Public Comment 13. Approved City Council Resolution Nos. 19-82 & 19-83 1 CITY COUNCIL RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TO AMEND THE DSRT SURF SPECIFIC PLAN, PRECISE PLAN, TENTATIVE TRACT MAP, AND AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR) CASE NOS. SP 18-0002/PP 18-0009/ TTM 37639 AMENDMENTS NO. 1 WHEREAS, the DSRT SURF Project (“DSRT SURF” or “Project”) was approved by City Council on November 14, 2019, by Resolution No. 2019-82, a project including a six- acre surf lagoon and surf center facilities to include a restaurant, bar, retail, up to 350 hotel rooms, and up to 88 residential villas on a 17.69 acres site within the Desert Willow Golf Resort, including a Specific Plan (SP 18-0002), Precise Plan (PP 18-0009), Tentative Tract Map (TTM 37639), a certification of an EIR, and a Disposition and Development Agreement (DDA); and WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City Council adopted Resolution No. 2019-83 on November 14, 2019, certifying the DSRT SURF EIR (SCH No. 2019011044), Mitigated Monitoring and Reporting Program, and adopted a Statement of Overriding Consideration in evaluating potentially adverse environmental impacts; and WHEREAS, on February 4, 2021, Desert Wave Ventures, LLC applied for amendments to the SP 18-0002, PP 18-0009, and TTM 37639, including an addendum to the EIR for the development of a 5.5-acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping constructed on 17.69 acres within the Desert Willow Golf Resort, and an offsite parking location in close proximity; and WHEREAS, on December 21, 2021, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 2802, recommending approval of the amended project to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on January 27, 2022, hold a duly noticed public hearing to consider the request for approval of the amended DSRT SURF SP, PP, TTM, an addendum to the EIR, and a DDA for the above- noted project; and WHEREAS, all of the findings, recommendations, and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including by not limited to the findings of the addendum to the EIR, SP, PP, TTM, and DDA, all of which is incorporated herein by this reference; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. CITY COUNCIL RESOLUTION NO. 2022- 2 WHEREAS, the City Council has not received any comments or additional information that constituted substantial new information requiring recirculation or additional environmental review under Public Resources Code Sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Quality Act. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the Project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the 2019 EIR and the 2021 Addendum and finds that these documents taken together contain a complete and accurate reporting of all the potential environmental impacts associated with the DSRT SURF Project. The City Council further finds that the 2021 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City’s independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2019 EIR and the 2021 Addendum, the City Council finds that an addendum is an appropriate document for disclosing the changes to the DSRT SURF Project and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 1. The amended DSRT SURF Project does not constitute a substantial change that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There is not a substantial change with respect to the circumstances under which the DSRT SURF Project will be developed that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. 3. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2019 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives CITY COUNCIL RESOLUTION NO. 2022- 3 previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The City Council readopt those mitigation measures identified in the 2019 EIR applicable to the DSRT SURF Project and as detailed specifically in the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the EIR. SECTION 6. The 2019 EIR and the 2021 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, California 92260. The custodian of these records is Norma I Alley, the City Clerk of the City. SECTION 7. Findings for Recommended Approval of Specific Plan. 1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the Project provides a unique resort destination and sports facility consistent with the intent of the Resort and Entertainment District. On November 14, 2019, the City Council approved DSRT SURF Specific Plan (SP 18-0002) by Resolution 2019-82 governing the land uses, development standards, and design guidelines for the site and determining that the specific plan demonstrated compatibility of the applicable goals, policies, and programs contained in the General Plan. The General Plan land use designation of Resort and Entertainment District allows development for entertainment and resort destination uses, drawing visitors to the site. The amendment to the specific plan includes operational function changes and revisions to the development standards, none of which increases the density or intensity of the Project. The compatibility of the General Plan established in the original approval of the Project remains unchanged. 2. The DSRT SURF Specific Plan is not detrimental to the health, safety, or general welfare or will be materially injurious to the surrounding properties or improvements in the City of Palm Desert. The amendment to the DSRT SURF Specific Plan is suitable and appropriate for the location, access, and topography for development because the intent of Desert Willow is to provide resort-style development. The site has been previously mass graded and identified for future resort-style development, all infrastructure to support the Project is nearby, and improvements to infrastructure to support the Project are feasible, and access to the site has been studied and is deemed sufficient to support the Project. 3. The amendments to the DSRT SURF Specific Plan are compatible with the zoning of adjacent properties and ensures the development of desirable character is harmonious with surrounding properties because the intent of Desert Willow is to provide a resort-style development. The Project was approved with a density of 15 dwelling units per acre (maximum 88 residential units), the amendment to the DSRT SURF Specific Plan does not change the density nor CITY COUNCIL RESOLUTION NO. 2022- 4 the intensity of the Project. In fact, the construction of the Project will only contain 83 residential units, which is under the maximum allowed. In addition, the approved specific plan allows for a 350-room hotel, and the Project will construct only a 92-room hotel. The new structures incorporate compatible and integrated architecture, materials and colors, and are not visually obstructive or disharmonious with surrounding areas or harm major views from adjacent properties. The grading design would not result in any manufactured slopes or pads that create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views. The Project is supported by adequate public facilities and transportation systems and is a compatible use, type, and intensity with the surrounding areas. SECTION 8. Findings for Recommended Approval of Tentative Map. 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project is consistent with the goals, objectives, and policies of the Palm Desert General Plan (“General Plan”). The General Plan land use designation is Resort and Entertain District that allows development for entertainment and resort destination uses, drawing visitors to the site. General Plan Land Use Policy 4.1 encourages unique resort complexes within the city. The Project is a resort destination attraction of a surf lagoon with residential ownership units that complement the Project. The subdivision includes 17.69 acres into five (5) parcels, each to accommodate its respective uses, including the surf lagoon, hotel and surf center, stack flats including the clubhouse, and villas that are consistent with the General Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project and its design and improvements are consistent with the General Plan and comply with the development standards of the Specific Plan. In addition, the lots accommodate the building pads, internal and external streets, drainage, utilities, and adequate access from Desert Willow. 3. That the site is physically suitable for the type of development. The site is physically suitable for the type of development for the Project. The Project is a resort development that is physically suitable for the site and is consistent with the intent of the specific plan and compatible with the surrounding uses, which include a golf course, amenities as well as existing resort-style residential units. The Project site is a 17.69-acre site; the parcel is adequate to accommodate the 5.5-acre surf lagoon, surf center and facilities, hotel, and residential units with adequate access and roadways, infrastructure, utilities, and drainage facilities. 4. That the site is physically suitable for the proposed density of development. CITY COUNCIL RESOLUTION NO. 2022- 5 The site is physically suitable for the density allowance of 15 units per acre as specified in the DSRT SURF Specific Plan resulting in 88 residential units. The Project amendments include 83 units which are less than the maximum density and comply with the applicable development standards of the specific plan making it suitable for the site. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The amended design of the subdivision or the improvements contemplated for the Project are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The certified Environmental Impact Report (EIR), SCH# 2019011044, addresses the environmental impacts associated with the Project, including those impacts that could cause substantial environmental damage. There are no known fish, wildlife habitats, or other endangered species on the subject site. No environmental impacts are identified which substantially and avoidably injure fish, wildlife, or their habitat. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The amended design of the subdivision or type of improvements for the Project are not likely to cause serious public health problems. The conditions of approval ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site and have the capacity to accommodate the Project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development, and all uses as allowed by the zoning ordinances that regulate the Project. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the planned subdivision. The amended design or type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known CITY COUNCIL RESOLUTION NO. 2022- 6 public easements traversing the subject site that would be adversely affected by the Project. SECTION 9. Findings for Recommended Approval of Design Review (Palm Desert Municipal Code Section 25.68.040. 1. That the proposed development conforms to any legally adopted development standards. The DSRT SURF Specific Plan has land use allowances inclusive of a maximum of the six-acre lagoon, 35,000 square feet surf center, 350 rooms for a hotel, 88 residential units, a clubhouse of 3,125 square feet, and 15,000 square feet for maintenance and equipment buildings. The amendment to the DSRT SURF Specific Plan includes height maximums of 50 feet for buildings and an additional 15 feet to accommodate architectural features and related roof equipment and apparatus. The Project includes a 5.5-acre lagoon, a 7,263-square-foot surf center (26 feet in height), a four-story, 92-room hotel (55 feet in height), 83 residential units (ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1,494-square-foot clubhouse (24 feet 6 inches in height), and 4,909 square feet of maintenance buildings (15 feet in height). The land uses and heights specified above are all within the allowances of the DSRT SURF Specific Plan. The building lot coverage maximum is 50 percent; the project site proposes 19.9 percent, which is within the required allowance. The setback requirements for the commercial component and residential components meet the minimum setback requirements of the DSRT SURF Specific Plan. The Desert Mid-Century Modern architecture theme is continuous throughout the site with varying architectural elements and high-quality materials, including the incorporation of indoor and outdoor spaces that meets the architecture characteristics required by the DSRT SURF Specific Plan. The on-site parking, including the podium parking within the hotel and integrated garages for the residential units, provides for the 443 required parking spaces. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project. The Project proposes all landscape remain as low water usage desert landscaping for the entirety of the Project, including the perimeter. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements as conditioned. 2. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion. The amended Project has been designed as a destination point, including a surf lagoon, surf center and amenities, hotel, and residential units, which are compatible uses within a resort development. The proposed Project is located within the Desert Willow Golf Resort, which features a mix of resort development CITY COUNCIL RESOLUTION NO. 2022- 7 and existing residential units, including a mixture of timeshares and multifamily units. The Project includes a DSRT SURF Specific Plan, which regulates land uses and provides development standards to ensure there is continuity of architectural style and regulation of density and heights of buildings; therefore, does not impair the desirability of investment. The Environmental Impact Report for the Project provided a Traffic Impact Analysis that reviewed the traffic impact, including circulation, traffic hazards, and congestion of the uses and operation of the site, which resulted in mitigation measures less than significant. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. The Project has also implemented a condition of approval for a parking management plan and improvements to an offsite parking location within proximity to the site to respond to overflow parking needs. 3. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City. The design and location of the amended Project is in keeping with the character of the surrounding neighborhood and will serve as an additional attraction to the existing resort development. The Project consists of approximately 18-acres within an undeveloped area, with connectivity to the Desert Willow Clubhouse that is adjoining the Project site. The property is designated Resort and Entertainment in the General Plan, which allows development for a range of entertainment and resort destination uses for the purpose of drawing visitors to the site, such as theme parks and sports facilities. The Project includes the high- quality architectural style, amenities, and more importantly, offers unique opportunities for residential resort lifestyle and entertainment destinations inclusive of a surf lagoon and hotel, which will attract visitors and investors to the City. 4. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. The design is a Desert Mid-Century Modern architectural theme, with sustainable building materials incorporating the natural environment and mid-century styles. The architectural elements include horizontal and vertical planes, varying rooflines, shading elements, intuitive and organic wayfinding designs, natural materials, and blurring lines between indoor and outdoor spaces. The design utilizes high-quality finishes and materials, including natural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human-scale elements to reduce the impact of building mass and create visual interest. The Project includes wave structures at the entry point to create a sense of arrival. The enclosure of courtyards and balconies are visually permeable where appropriate and step back on upper floors is utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain. The Project site CITY COUNCIL RESOLUTION NO. 2022- 8 includes the thoughtful creation of public gathering space to encourage interaction between guests and residents is achieved by both passive and intentional design. Landscaping utilizes functional seating design elements throughout the site by the use of low-rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout the property. Open lawn and sandy beach areas in proximity to the lagoon and pools to encourage guests to create gathering space, reminiscent of an authentic beach experience. More intentional components of the Project include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering throughout the site and amenities creating intentional spaces promotes a destination resort atmosphere envisioned for the Project. 5. That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements. The Project use considers the need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion, and is designed considering topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. The Project’s environmental assessment and reviews of City departments and outside city agencies have included appropriate mitigation measures and conditions of approval. 6. That the overall development of the land shall be designed to ensure the protection of public health, safety, and general welfare. The overall development of the land is designed to ensure Project is consistent with the General Plan and as analyzed in the DSRT SURF Specific Plan. The establishment, maintenance, or operation of the Project does not appear to have any adverse effects that are detrimental or injurious to property and improvements within the Desert Willow Golf Resort or the general welfare of the City. Therefore, the overall building design and the requirements imposed ensures the protection of public health, safety, and general welfare. SECTION 10. Project Recommendation. The City Council hereby recommends approval of SP 18-0002 Amendment No. 1, PP 18-0009 Amendment No. 1, TTM 36379 Amendment No. 1, subject to the conditions of approval. SECTION 11. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall at 73510 Fred Waring Drive, Palm Desert, CA 92260. Norma I Alley, MMC, City Clerk, is the custodian of the record of proceedings. SECTION 12. Execution of Resolution. The Mayor of the City of Palm Desert signs this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. CITY COUNCIL RESOLUTION NO. 2022- 9 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27th day of January 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: NORMA I. ALLEY, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA CITY COUNCIL RESOLUTION NO. 2022- 10 CONDITIONS OF APPROVAL CASE NOS. AMENDMENT NO. 1 TO SP 18-0002/PP 18-0009/EA 18-0002/TTM 37639 GENERAL 1. The Applicant shall comply with all terms and conditions as outlined in the amended Disposition and Development Agreement (DDA) approved by the City Council. 2. Any references to the “Specific Plan” in the Conditions of Approval of Resolution No. 2019-82 shall be replaced with “Amended Specific Plan,” and such the amended specific plan in this resolution shall replace the previous approval. 3. Conditions of Approval approved in Resolution No. 2019-82 by City Council on November 14, 2019, shall remain effective and enforceable unless otherwise stated in this resolution. 4. Mitigation Measures of Resolution No. 2019-82 shall remain effective and enforceable unless otherwise stated in this resolution. SPECIFIC PLAN 5. Applicant shall obtain permission from the Development Services Director to schedule all turf removal activities in coordination with season operations of the golf course. In addition, the Applicant is responsible for obtaining approvals from the City for soil stabilization and any required permits/agreements associated with such activity. 6. Condition of Approval No. 12 of Resolution No. 2019-82 shall be revised to state: All parcels shall develop in a manner consistent with the development standards contained in the amended Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code (PDMC). 7. Condition of Approval No. 19 of Resolution No. 2019-82 shall be revised to state: Special events, which exceed 1,500 spectators, shall not exceed a maximum site capacity of 5,000 spectators. 8. The Applicant shall complete all improvements for Lot E (off-site parking), which includes approximately 288 parking spaces, and shall finalize a Parking Management Plan identifying all traffic control and off-site parking strategies with the Director of Development Services prior to the Certificate of Occupancy of the hotel building. TENTATIVE TRACT MAP 9. The Applicant shall record all easements related to Final Map, including but not limited to reciprocal access easements, shared parking agreements, and maintenance agreements for all common areas prior to the approval of the Final Map. 10. The Applicant or successor in interest shall submit Covenants, Conditions, and Restrictions (CC&Rs) in a form acceptable to the City Attorney, for the proposed subdivision prior to the recordation of the Final Map. CITY COUNCIL RESOLUTION NO. 2022- 11 11. The Applicant shall include the following: street names, Subdivision Improvement Agreement, and improvement bonds prior to the approval of the Final Map. 12. The Applicant shall form a property owners association for the maintenance of the following: 1) all interior and common areas, including landscaping; and 2) maintenance of all frontage landscaping. PRECISE PLAN 13. Condition of Approval No. 13 of Resolution No. 2019-82 shall be revised to state: All development within the amended Specific Plan shall conform to the architectural renderings provided in the amended Specific Plan and Precise Plan 21-0002 approvals. Building design deviations are permitted as described in the amended Specific Plan, which shall conform to the architectural guidelines and colors and materials specified in the amended Specific Plan. 14. Condition of Approval No. 14 of Resolution No. 2019-82 shall be revised to state: The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits approved by the Architectural Review Commission and its conditions set forth by minute motion on April 27, 2021, held on file with the Department of Development Services, and as modified by the conditions herein. 15. Condition of Approval No. 47 of Resolution No. 2019-82 is no longer valid since the Project does not include a gated entry unless the gates are for emergency access. If a future gate is installed for the Project, the applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks. 16. The Applicant shall comply with the conditions in the Notice of Action as specified in the Architectural Review Commission meeting of April 27, 2021. END OF CONDITIONS OF APPROVAL 12 EXHIBIT “A” 13 14 15 16 17 18 19 20 21 22 23 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. SP 21-0002, PP 21-0002 & TTM 37639 (Amendment) NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT CITY COUNCIL TO CONSIDER A REQUEST BY DESERT WAVE VENTURES, LLC, FOR THE AMENDMENTS TO THE SPECIFIC PLAN, TENTATIVE TRACT MAP, AND PRECISE PLAN APPLICATION, LOCATED ON A VACANT 17.69-ACRE SITE ALONG DESERT WILLOW DRIVE, SOUTH OF THE DESERT WILLOW CLUBHOUSE The City of Palm Desert City Council (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), certified an Environmental Impact Report (EIR), SCH# 2019011044 and the adopting Mitigation Monitoring and Reporting Program (EA 18- 0002) for DSRT SURF Specific Plan, adopted by Resolution No. 2019-83 on November 14, 2019. The applicant has submitted an addendum to the EIR which the City has reviewed and preliminarily determined that the proposed amendments do not result in any significant environmental impacts. Project Location/Description: Project Location: The project is located on a 17.69-acre project site located along the west side of Desert Willow Drive, south of the Desert Willow Clubhouse, and within the boundaries of the Desert Willow Golf Resort. Approximately three (3) acres are developed with parking lot improvements for the Desert Willow Clubhouse. The balance of the site is undeveloped land, previously graded as part of the mass grading for the Desert Willow Golf Resort development. Project Description: DSRT SURF project as amended will include a resort development inclusive of a Surf Lagoon and Surf Center Facility (including Support Facilities), a Four-Story 92 Room Hotel, and 83 Residential units including villas and stacked flats (condominiums), a perimeter roadway, landscape, and infrastructure improvements within Desert Willow Golf Resort. The land uses in the proposed project are within the allowances approved in the DSRT SURF Specific Plan approved on November 14, 2019, by Resolution No. 2019-82 and the proposed DSRT SURF amendment includes additional changes to the operations and development standards of the project. The project applications consist of an amendment to the Specific Plan, Precise Plan, and Tentative Tract Map to develop the 17.69-acre project site. Specifically, the project consists of the following: • 5.5-acre surf lagoon and wave machine with pier and mechanical building • Surf Center and related facilities • 92 room Hotel & amenities • 83 Residential units, Club House, and amenities Recommendation: Approval of the proposed Specific Plan, Precise Plan, and Tentative Tract Map amendments in accordance with CEQA Guidelines, subject to conditions of approval. Public Hearing: The public hearing will be held before the City Council on January 27, 2022, at 4:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/mayor-and-city-council- /city-council-meeting-information-center. Public Review: The plans and related documents are available for public review Monday through Thursday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Rosie Lua, Principal Planner. Please submit written comments to the Planning/Land Development Division. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and any questions should be directed to: 2 Rosie Lua, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 480 rlua@cityofpalmdesert.org PUBLISH: DESERT SUN NORMA I. ALLEY, MMC, CITY CLERK JANUARY 13, 2022 PALM DESERT CITY COUNCIL DSRT SURF SPECIFIC PLAN City of Palm Desert Adopted May 2019 Amended September 2021 DSRT SURF Specific Plan ii Table of Contents I. INTRODUCTION .................................................................................................................... 1 A. Authority and Scope ....................................................................................................... 1 i. Enabling Legislation ................................................................................................ 2 B. Project Location .............................................................................................................. 2 C. Site Background .............................................................................................................. 2 D. Existing Conditions ........................................................................................................... 6 E. Project Description .......................................................................................................... 6 i. Land Uses ................................................................................................................. 6 ii. Operations ............................................................................................................... 8 F. CEQA Compliance ......................................................................................................... 9 II. DEVELOPMENT STANDARDS .............................................................................................. 10 G. Allowable Uses ............................................................................................................... 12 H. Parking Standards .......................................................................................................... 14 I. Circulation and Emergency Access ........................................................................... 15 III. DESIGN GUIDELINES ........................................................................................................... 17 A. Architecture ................................................................................................................... 17 i. Architectural Themes ........................................................................................... 18 ii. Building Heights and Mass ................................................................................... 22 iii. Building and Design Materials ............................................................................. 26 B. Pathways and Wayfinding ........................................................................................... 27 C. Landscaping .................................................................................................................. 27 i. Conceptual Landscape Plan Zones .................................................................. 28 ii. Landscape Palette ............................................................................................... 30 a) Plants ................................................................................................................. 30 iii. Irrigation ................................................................................................................. 34 iv. Public Space Furniture ......................................................................................... 34 v. Stone ...................................................................................................................... 34 vi. Landscape Lighting .............................................................................................. 37 D. Signage ........................................................................................................................... 37 i. Project Identity and Monument Signage .......................................................... 38 a) Location ............................................................................................................ 38 b) Materials ............................................................................................................ 38 c) Sizing .................................................................................................................. 38 ii. Project Wayfinding Signage ................................................................................ 38 a) Location ............................................................................................................ 38 b) Materials ............................................................................................................ 39 iii. Primary Building Signage ..................................................................................... 39 a) Location ............................................................................................................ 39 b) Materials ............................................................................................................ 40 c) Sizing .................................................................................................................. 40 iv. Retail Signage ....................................................................................................... 40 a) Location ............................................................................................................ 40 b) Materials ............................................................................................................ 40 DSRT SURF Specific Plan iii v. Signage Lighting ................................................................................................... 41 vi. Signage Approval Process .................................................................................. 41 E. Walls and Fences ........................................................................................................... 41 F. Lighting ........................................................................................................................... 43 IV. INFRASTRUCTURE ................................................................................................................ 45 A. Roadways ....................................................................................................................... 45 B. Drainage and Flood Control ........................................................................................ 45 C. Public Utilities .................................................................................................................. 46 i. Sewer ...................................................................................................................... 46 ii. Water ...................................................................................................................... 46 iii. Other Utilities .......................................................................................................... 46 V. ADMINISTRATION and IMPLEMENTATION ........................................................................ 50 A. Application Review Process ......................................................................................... 50 B. Specific Plan Amendments .......................................................................................... 50 C. Financing ........................................................................................................................ 50 VI. APPENDIX A: GENERAL PLAN CONSISTENCY .................................................................. 51 List of Tables Table 1 DSRT SURF Specific Plan Land Uses ............................................................................. 6 Table 2 DSRT SURF Development Standards ......................................................................... 10 Table 4 Allowable Uses ............................................................................................................ 13 Table 5 Parking And Loading Standards ............................................................................... 15 List of Exhibits Exhibit 1 Regional Location Map ............................................................................................. 3 Exhibit 2 Vicinity Map ................................................................................................................ 4 Exhibit 3 Project Location Map ................................................................................................ 5 Exhibit 4 Overall Site Plan .......................................................................................................... 7 Exhibit 5 Desert Mid-Century Modern Architecture ............................................................ 18 Exhibit 6 Hotel/Surf Center Architectural Inspiration (sheet 1 of 2) .................................... 23 Exhibit 7 Hotel/Surf Center Architectural Inspiration (sheet 2 of 2) .................................... 24 Exhibit 8 Villa Architectural Inspiration .................................................................................. 25 Exhibit 9 Landscape Palette - Trees ....................................................................................... 31 Exhibit 10 Landscape Palette - Shrubs .................................................................................... 33 Exhibit 11 Landscape Palette - Materials and Site Furnishings (Sheet 1 of 2) ..................... 35 Exhibit 12 Landscape Palette - Materials and Site Furnishings (Sheet 2 of 2) ..................... 36 Exhibit 13 Grading and Utility Plan (Sheet 1 of 3) ................................................................... 47 Exhibit 14 Grading and Utility Plan (Sheet 2 of 3) ................................................................... 48 Exhibit 15 Grading and Utility Plan (Sheet 3 of 3) ................................................................... 49 DSRT SURF Specific Plan 1 I.INTRODUCTION The DSRT SURF Specific Plan provides the vision for a recreational and resort development that is authentic to the surrounding desert environment while evoking natural surf environments from around the world. The landscape, architecture, and design will celebrate the blending of natural and man-made elements to create a unique destination surf experience on the beach and in the water. The resort atmosphere and added amenities such as restaurants, bars, and outdoor activities make DSRT SURF the perfect desert escape. "If you're having a bad day, catch a wave." Frosty Hesson A. Authority and Scope A Specific Plan is a document allowed under California law which provides cities and counties with a planning tool for master planning project sites. A Specific Plan, when approved, becomes the zoning ordinance for the project area it covers. The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the Palm Desert General Plan. The Specific Plan guides the standard of development for the DSRT SURF plan area and is structured to provide a degree of flexibility for future land developers to address market driven changes if necessary. The DSRT SURF Specific Plan establishes and updates the Renderings updated throughout document DSRT SURF Specific Plan 2 design and development zoning policies applicable to development within the planning area described herein. This Specific Plan also establishes the regulations and standards which serve as the ordinance and development regulation for the planning area going forward. i. Enabling Legislation The authority to adopt and implement the DSRT SURF Specific Plan is granted to the City of Palm Desert by the provisions of California Government Code Section 65450 et seq. As with General Plans, the Planning Commission must hold a public hearing before it can recommend to City Council the adoption of a Specific Plan or an amendment thereto. The City of Palm Desert may adopt a Specific Plan and/or an amendment to the Specific Plan by either ordinance or resolution. (Palm Desert Zoning Code Chapter 25.78 Decisions by the City Council). B. Project Location The Project consists of three Assessor’s Parcels: 620-420-023, 620-400-024 and -620-400-008. The Project is located on the west side of Desert Willow Drive, north of Country Club Drive in the City of Palm Desert, Riverside County, California (See Exhibit 1: Regional Location Map and Exhibit 2: Vicinity Map). The irregularly shaped site is bounded by golf course on its west, south and east sides, the Westin Resort Villas on its southwest corner, and by the Desert Willow Clubhouse parking lot on the north. (See Exhibits 3: Project Location Map). C. Site Background The City of Palm Desert constructed the Desert Willow Golf Resort in 1997-1998. At the time, it consisted of two 18-hole golf courses and remainder parcels planned for a wide range of resort and residential development on a total of 515± acres. Development within the Project has been governed by the North Sphere Specific Plan, which established multiple planning areas within the Project area. Multiple planning areas have developed, including the hotels and restaurants located at the southwest corner of Frank Sinatra Drive and Cook Street; condominium units on the west side of the golf course and east of Portola Avenue; and resort residential projects in the southern half of the Project area. Four vacant development pads remain today, centered around Desert Willow Drive and generally located east and south of the existing clubhouse. The DSRT SURF planning area generally occurs within Planning Area 10 of the North Sphere Specific Plan. PACIFIC OCEAN 1 RNIA MEXICO Md[no Valby n Desert Hot Springs eevmt yrV mew T— Nnikn�PaM Palm Springs m Cathedral City Rancho Mirage Palm Desert. fndio lntlian Wells Coachella La Quinta 0 s'""" m vra nme ekMe RIVERSIDE COUNTY DSRT SURF Specific Plan 1.Ps21 Exhibit I - REGIONAL LOCATION MAP ' Raman Rd ?! ' • � �^��' D9n horieFDr � ' �• w �. �lJLS.:`a,-' _ - 41il R -4. 1.! Gerald:F,vrd�pr��.�'1�EI � iw��� +i, +�' x•,•. 'r� TJ dp- 40,_{ nmvwn Gounhy.. Cluki=Dr :'.o, s r r .AN- red �_� ... ..... .9 ;�.,• n. �,. red Waring Far y,� ...,� - t err rr'', - `f ... . - � � :_ - 7' - '`:�.•. cn"— av IF � L��°• 'F 'yt'C + i L:,��_. Tj i� •/ •�� Ra sir . DSRT SURF•' ' • PROJECT VICINITY MAP rm AND • 'i lam .�. SL ., f�`'; =.,5 , .' �y r ~ •. �•. r w �. ._ N! •y.nd, .ry. O� _MIND �'� ta. � ❑�L- N-' • �� � '���y �~ .I Vista-4a�..- rr- ,ry��.� MOM - 'WrtYkii,x _i'�' v-'�'.1 �s.j• _ Y sl fl ~ • i� dy��gSrr 'i Im rkLo 4 �F•l 61PSP r F. lu -- u IIi li � r�w,sa'. 3 _�3i.Lt 3[ �a �r� n'?saK.a: s�2. r--� -..[ . ]a•.+ Y - - � '� i' f1..['� ..[_J.:`. JY'iiliik M� - - g4,'1'f rde ;Lv �Y-�`_;� _ _ _ — '�k .•�.i .5�.•� ► Kkv DSRT SURF Specific Plan 6 D. Existing Conditions The DSRT SURF Specific Plan area consists of irregular shaped lots totaling 17.69 acres. The land is partially developed with the Desert Willow Golf Resort clubhouse parking lots in its northwest corner, on approximately 3 acres. The balance of the site (approximately 14.7 acres), is vacant, desert land, bounded by the existing golf course. The proposed Specific Plan area is designated as “Resort & Entertainment District” on the City’s General Plan Land Use Map, which allows for various types of lodging, retail, commercial services, recreational facilities, 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). According to the General Plan (2016), the purpose of this District is “to provide for a range of entertainment and resort destination uses that require large amounts of land and that draw visitors to the City such as theme parks, hotels, and sports facilities.” The City’s Zoning Map currently designates the Specific Plan area as “Planned Residential (PR).” Commercial recreation and hotel land uses are allowed in the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. With regard to hotels in the PR zone, the maximum density must be approved by the Planning Commission or Council (Zoning Code Chapter 25.10 Residential Districts). E. Project Description i. Land Uses The DSRT SURF Specific Plan establishes building and development standards for the entire 17.69-acre Project site. This Specific Plan proposes the development of a 5-acre surf lagoon, surf center facilities, up to 350 hotel rooms, and up to 88 residential villas (See Exhibit 4 Overall Site Plan). Parking has been distributed throughout the site and an off- site parking lot has been secured for special event overflow parking (See Exhibit 3 Project Location Map). Table 1 DSRT SURF Specific Plan Land Uses Land Use Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Max 35,000 SF Hotel(s) Max 350 rooms Villas 15 units per acre/88 villas max. Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 15,000 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area Removed E. Lagoon Cafe/Bar. No max/mins have changed with the exception of Land/OS/Pool/Rec which was reduced from 25% of PA to 20% of PA. Project description revised from two planning areas to one overall project planning area (entire site). Land Use table condensed from two separate planning areas to one overall project LU table. Surf center: removed separate SF breakdown for ancillary/internal uses, now one max. SF. Exhibit updated DSRT SURF Specific Plan 8 ii. Operations In addition to overall Project design, it is essential that the operational function of the hotel and surf center complement the residential areas to achieve Project cohesion. The site will provide a variety of recreational and commercial opportunities that tie into the surf resort theme envisioned for the Project. The following section lists potential amenities for the Project. Site Program and Recreational Amenities The following are representative of but not limited to recreational amenities proposed for the Project: • Surf Lagoon • Surf Academy • Lifeguard Stations • Pools and Spa/Jacuzzis • Cabanas and Palapas • Fire Pits • Exterior Movie Projection • Shade Hammocks • Open Lawn Space • Boardwalk/Pier • Kids Play Area • Pickle Ball • Pump Track • Restaurants/Bars/Cafes • Stage/Event Amphitheater • Sand Beach Areas/Beach Club • Yoga, Stretching, Workout Space • Adventure Course (Ropes/Climbing) • Bouldering Features • Bocce Courts • Beach Volleyball • Bike Racks (Rentals and Public Use) • Retail/Merchandise • Outdoor Showers • Flex Space • Tennis/Beach Tennis Site Prog/Rec Amen. revised - removed separate PA discussions and consolidated for entire project,. Overall site program the same with added amenities shown in red boxes below. Removed "Event Lawn" and "Art Gallery" DSRT SURF Specific Plan 9 Surf Lagoon Hours of Operation Surf Lagoon (surfers in water): Summer Hours (May 15-September 30): 6am-12am Winter/Spring Hours (November 1-May 14): 6am-10pm on weekdays; 6am-12am on weekends, during Holidays1 and special events (special events may be on weekdays or weekends). Surf Center: 6am – 2am Music Events: Allowed 7 days a week. Outdoor music/event to end at 12am, indoor music/event to end at 2am. Ticketing/Admission To access the surf lagoon pools and recreational areas, all guests will be required to purchase a Beach Pass. To participate in surf lessons/surf sessions, guests will be required to purchase an additional Surf Pass. The hotel, surf center, shopping, and restaurants will be open to the public. Lagoon Capacity The surf lagoon will accommodate, on average, 70 surfers at any one time with the ability to accommodate 95 surfers for special events. Lagoon use will be sold in 1-hour increments with the average surf sessions lasting 1-4 hours. Special Events Special Events may also be held that could result in 3,500 ticketed spectators. Parking overflow during special events will be located off-site at location(s) to be approved by the City. A shuttle service will be provided during special events to transport visitors to and from offsite parking to the Surf Center. Lagoon Maintenance The surf lagoon will require daily cleaning and may require one annual full-drain for maintenance purposes. In the event of a maintenance emergency, the lagoon will be drained as necessary and heavy equipment may be required to repair damage and/or replace equipment. F. CEQA Compliance In compliance with the California Environmental Quality Act (CEQA), the City identified the preparation of this Specific Plan as a “Project” under CEQA and prepared an Initial Study. The Initial Study found that the Specific Plan had a potential to significantly impact the environment, and that an Environmental Impact Report (EIR) must be prepared. The City circulated to all responsible and trustee agencies a Notice of Preparation (NOP) of an EIR. All comments received in response to the NOP were considered and incorporated into the EIR. The EIR was circulated to all responsible and trustee agencies, and all other interested parties, for a period of 45 days. All comments received in response to the EIR were considered in the Response to Comments prepared for the Planning Commission and City Council. The City Council certified the EIR prior to adopting this Specific Plan, on X X, 2021. 1 Holidays/Holiday periods include the week of Christmas, week of New Years, Martin Luther King Day, Presidential holidays, Memorial Day, Labor Day, the week of Thanksgiving, and Spring Breaks (March 1- April 15). Music events changed from Fri-Sun to allow music any day of week. Hours have not changed. Avg. capacity reduced from 75 to 70 surfers, same max accommodation of 95 DSRT SURF Specific Plan 10 II. DEVELOPMENT STANDARDS This section of the Specific Plan serves as the Specific Plan Area’s Zoning Ordinance. Standards and guidelines which are applied to the Specific Plan Area are described in detail below. When Zoning Ordinance standards and guidelines apply, a reference is made to the appropriate Section of the Zoning Ordinance. The Project site will consist of a surf center, 5±-acre surf lagoon, hotel, surf rentals and lesson space, pool and spa amenities, outdoor activity space, restaurants, bars, and event space. The following table provides a comparison of existing development standards per the PR zoning district and proposed development standard modifications for the DSRT SURF Specific Plan. Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF Density Villa Density [PR: Density (du/ac), min – max] 4 – 40 15 du/ac max Hotel Density -- 350 rooms max Building Measurements PR: Height / Number of Stories, max 40’ / 3 50’/ 41 PC-4: Height / Number of Stories, max 55’/ 4 Villa size, max bedrooms per villa -- 4 bedrooms Hotel Room/Suite size, (min SF/ avg. SF per room) 330 SF / 375 SF 330 SF, 375 SF Coverage PR: Building Coverage, max % of Planning Area 50% 50% PC-4: Floor Area Ratio 0.10 Recreational/Lagoon Coverage, min % of Planning Area -- 40% (currently 50%) Surf Center Setbacks Setback from golf course -- 25’ PR: Front Yard, min -- -- Increase from 25% to 40% Development Standards table condensed from two separate tables (PA 1 and 2) to one master table. New footnote, added height condition DSRT SURF Specific Plan 11 Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF PR: Side Yard, min -- -- PR: Street Side Yard, min -- -- PR: Rear Yard, min -- -- PC-4: Front Yard, min 30’ -- PC-4: Side Yard, min 15’ -- PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ -- Hotel Setbacks Setback from golf course -- 25’ PC-4: Front Yard, min 30’ 20’ PC-4: Side Yard, min 15’ 15’ PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ 20’ Villa Setbacks Setback from golf course, min -- 5’ PR/PC-4: Front Yard, min -- 5’ PR: Side Yard combined both sides, min -- 5’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 5’ Stacked Flats Setbacks Setback from golf course, min -- 20’ PR/PC-4: Front Yard, min -- 5’ PR: Side Yard, min -- 0’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 10’ Landscaping/Open Space/Recreation PR: Planning Area Coverage, pervious surface, min 25% (total Res lot area) NA PR: Front Yard Coverage, non-pervious surface, max 40% (front yard) NA Decreased from 30' Stacked Flats new to project, these are all new standards Decreased from 10' DSRT SURF Specific Plan 12 Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF PC-4: Commercial Landscaping (other) coverage, min 20% 20% Landscaping, Specific Plan Perimeter, min -- 5’ Source: Palm Desert Municipal Code; Zoning. 1.Parapets, towers, and similar elements may exceed the 50’ building heigh by no more than 10’. Roof stairwells and elevators may exceed the 50’ building heigh by no more than 15’. PR = Planned Residential (planning area existing zoning/land use) PC-4 = Planned Commercial: Resort and Entertainment. Reference for comparable land use standards proposed under DSRT SURF. PR Development Standards, PDMC Ch. 25.10.050 and/or Residential Landscaping PDMC Ch. 25.52.030 PC-4 Development Standards PDMC Ch. 25.16.050. Special Use Provisions: Hotels Minimum room size PDMC Ch. 25.34.070 G.Allowable Uses The DSRT SURF Specific Plan area is designated as Resort and Entertainment District on the City’s General Plan Land Use Map, which allows for various types of lodging, retail, commercial services, recreational facilities, 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). The City’s Zoning Map currently designates the Specific Plan area as “Planned Residential (PR).” Commercial recreation and hotel land uses are allowed in the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. With regard to hotels in the PR zone, the maximum density shall be approved by the Planning Commission or Council (Zoning Code Chapter 25.10 Residential Districts). A comparison of existing and proposed allowable land uses are listed in Table 4, below. If a proposed use is not listed in the Table, the Community Development Director, upon written request and in conformance with the provisions of Section 25.72 of the Palm Desert Zoning Ordinance, review the proposed unlisted use and determine whether it is Permitted, requires a Conditional Use Permit or is prohibited. Added height condition DSRT SURF Specific Plan 13 Table 3 ALLOWABLE USES Land Use Existing (PR) DSRT SURF Special Use Provision Residential Uses Assisted living C N Condominium C P Dwelling, duplex N P Dwelling, multifamily C P 25.10.040.A Dwelling, second P P 25.34.030 Dwelling, single-family P P Guest dwelling P P Home-based business P C Planned unit development, residential C P 25.10.040.C Retail, Service, and Office Uses Bed and breakfast N C Condominium hotel C P Hospital C N Hotel C P 25.10.040.J Resort hotel C P 25.10.040.J Timeshares* C P Ancillary commercial -- P Art gallery -- P Art studio -- P Business support services -- P Health club, gyms or studios -- P Liquor, beverage and food items shop -- P Personal services -- P Restaurant -- P Retail -- P Spa -- P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors -- P Amusement facility, outdoors -- P Club, private C P Nightclub -- P Open space (developed or natural) -- P Public park P P Recreational use, commercial C P 25.10.040.G Recreation facility, commercial N P Recreation facility, incidental C P 25.10.040.H Recreation facility, private P P Recreation facility, public C P Theater/auditorium -- C P=Permitted; C=Conditional Use Permit; N=Not Permitted; -- = Use not listed under existing (PR) land use designation. * = The City requires buildout and operation of a hotel prior to buildout timeshares. DSRT SURF Specific Plan 14 H.Parking Standards Primary parking for the hotel and surf center guests will be provided in the hotel’s parking garage, located on the first and second floors of the hotel, and in surface parking adjacent to these buildings. Employee parking will be located at the south end of the site by the maintenance and service areas. Through mutual agreement with the City of Palm Desert, 130 parking spaces will be shared with the Desert Willow golf clubhouse. In the event the parking garage reaches full capacity, the hotel shall have a parking plan in place that may include a combination of an on-site valet and off-site shuttle service to and from the overflow parking lot. Off-street parking for the villas shall be provided immediately adjacent to the proposed buildings or in an adjoining structure, such as a garage or carport. Additional street parking is located throughout the planning area and is not restricted to any particular use. Parking and loading spaces, including off-site parking for special events, shall be designed in conformance with Section 25.46.030.D of the Palm Desert Zoning Ordinance, with the following exceptions: •Tandem parking is permitted for villa areas, however, no more than two tandem spaces are allowed with one access to a drive aisle. •Tandem parking is permitted in parking structures; however, a valet service must be required at all times the use is open for business, and the valet parking area is accessible only by the valet service. The following table provides parking standards for the entire Specific Plan area. Added/Revised: Hotel now has an above ground parking garage (2nd level). Added discussion on parking plan in the event overflow parking is needed - including a combination of on-site valet and off-site shuttle service to and from the overflow parking lot (Lot E). Street parking is throughout the site and is not restricted to certain uses. DSRT SURF Specific Plan 15 Table 4 PARKING AND LOADING STANDARDS Measurement/Standard Existing DSRT SURF Commercial/Recreational Parking Restaurants/Bars/Lounges 8 per 1,000 SF 8 per 1,000 SF Surf Lagoon -- 130 Shared Golf + 1.5 per surfer (70 max. surfers) Off-site/Special Events -- 500 stalls Villa Parking Studio and one bedroom 2 stalls per unit 2 per unit Two or more bedrooms 2.5 stalls per unit Hotel Parking Hotels 1 stall per guest unit 1 stall per guest unit Resort Hotels 1.1 stalls per guest unit Stall Dimensions Off-Street Parking Stalls, min. 9’ wide by 18’6” long 9’ wide by 18’ long Off-Street Loading Loading Berth, min L x W 45’ x 12’ 45’ x 12’ Setback to residential, min 50’ 10’ Source: Palm Desert Municipal Code; Zoning, PDMC CH. 25.46.040 Parking Requirements. I.Circulation and Emergency Access Vehicular connectivity within the project will be from a perimeter Promenade with two public access points on Desert Willow Drive. The driveway furthest north will be the primary entrance for the hotel and surf center. The Promenade also provides emergency access to the entire site, with a third gated emergency access point located at the western corner of the site that connects to Willow Ridge Road. Internal circulation will primarily be designed for pedestrians with the exception of emergency lifeguard vehicles, which will have access to the Lagoon area and boardwalk for emergencies and maintenance vehicles for transporting equipment and daily upkeep of the lagoon and surrounding area. Guests and residents are encouraged to leave their vehicles parked and instead use pedestrian walkways, bicycles or golf carts to move around the site. Stall Dimension standards not in previous SP. Removed gated/guarded access for private villas. All internal roads are accessible to the public. DSRT SURF Specific Plan 16 Circulation plans for the Project shall adhere to the design guidelines set forth in this Specific Plan. Street improvements, including curbs, gutters, paving and sidewalks, shall adhere to requirements and development standards set forth in Zoning Code Chapter 25.10.B.13, which states: “Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the City, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.” DSRT SURF Specific Plan 17 III. DESIGN GUIDELINES A. Architecture All buildings constructed onsite shall maintain a consistent character carried out by quality materials and design that are evocative of the surf resort theme proposed within this Specific Plan. Architecture must embrace and incorporate authentic materials, curated in a way that is not overly designed - such as a natural weathered look found in genuine surf environments. It is encouraged that building design features be multi-functional, including shade structures that change with the season and creative seating designs that are integrated into the landscape and building features. Building design shall be unique to the site in that the configuration shall take advantage of and preserve the surrounding vistas while integrating into the existing character of the surrounding Desert Willow property. Various architectural characteristics include: • Blending artificial and natural elements for functional purposes (shade, seating, etc.) to integrate into the environment; • Embrace and integrate the beach into the desert, think dunes to surf; • Encourage intuitive and organic wayfinding designs; DSRT SURF Specific Plan 18 • Consider irregular roof lines that encourage unique designs with added functionality for shade and place-making; • Incorporate dynamic and seasonal shading strategies for exterior occupied space; • Encourage the use of eco-friendly materials that have been recycled and upcycled reminiscent of the natural and relaxed feeling of the property. i. Architectural Themes DSRT SURF reflects the natural environment and the Desert Modern theme, which blends contemporary and Mid-Century styles. Buildings must have clean lines, play off horizontal and vertical planes, and incorporate natural materials. Desert Mid-Century Modern Desert Mid-Century Modern is an architectural style characterized by clean simplicity with the intention of blurring the lines between indoor space and outdoor living. This blending with nature is achieved by emphasizing the use of windows and open floor plans when designing indoor spaces. What makes “Desert Mid-Century Modern” unique is the opportunity to design buildings tailored to the warm California climate by incorporating passive cooling techniques, such as the use of open breezeways, ample glazing, angular construction, light facades, and outdoor living space. Simple post-and-beam steel-framed buildings are often used due to the material’s resilience in the harsh desert climate, which also promotes a sleek modern design. DSRT SURF Specific Plan 20 While in accordance with the prevailing architectural theme, arrival points and building entrances must receive special treatments consistent with the materials discussed in this document. Generous use of desert landscaping, natural materials, and interesting monument signage assist in the creation of a distinctive sense of place that will be carried out throughout the Project. Architectural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human scale openings shall be included to reduce the impact of building mass and create visual interest. The means of enclosure to courtyards and balconies shall be visually permeable where appropriate and the stepping back of upper floors should also be utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain vistas. It is also common to see rooflines echoing the surrounding mountains with “butterfly roofs,” or “V roofs,” which are characterized by an inversion of a standard form roof, with two roof structures sloping down from opposing edges towards a middle point of the roof. Preserving and Enhancing Viewsheds The Specific Plan area enjoys views of the surrounding San Bernardino and San Jacinto mountain ranges. As building heights within the Specific Plan generally exceed those previously existing in the surrounding area, it is essential that architectural elements and building components be varied to reduce the overall perception of mass, resulting in graduated frontages that allow generous view corridors. A particularly distinctive viewshed will be created by the opening of the arrival plaza between the surf center and the hotel. Views from the arrival plaza looking southeast between the two buildings shall be unobstructed to the greatest extent possible to preserve the viewshed of the surf lagoon against the dramatic mountain backdrop. Creating Gathering Space One of the overarching goals of this Specific Plan is the thoughtful creation of public gathering space to encourage friendly interactions between guests. This playful co- mingling is achieved by both passive and intentional design. Landscaping will be utilized as a functional seating design element throughout the site by encouraging the use of low-rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout the property. Open lawn and sandy beach areas will be strategically placed throughout the property in proximity to the lagoon and pools to encourage guests to create their own hangout space, which is reminiscent of an authentic beach experience. Other Project components that provide intentional DSRT SURF Specific Plan 21 hangout space include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering points and freeform hangout space promotes a destination resort atmosphere envisioned for the Project. Sustainable Building and Energy Efficiency Conservation and sustainability are common values amongst the surf community and encouraged throughout the DSRT SURF Project. Green building techniques and design principles should be implemented throughout DSRT SURF. DSRT SURF structures shall utilize passive design principles that are unique to the site and thus minimize the consumption of energy and maximize user comfort as much as is practicable. Roof overhangs, supplemental shading, strategic glazing ratios, building orientation and daylighting shall be considered in concert. Materials shall be chosen for resiliency as much as for aesthetics. Interior spaces shall be designed to be an extension of the outside and not require conditioning where (and when) practicable. Passive solar design has been implemented in Palm Desert and the Coachella Valley for a number of years, through the use of shade structures and building orientation. Passive solar design should be part of building design to the greatest extent possible through deep recesses for balconies which shield building interiors; window placement on exposed wall faces; and use of structures and trees to shade public or private open spaces, and limit heat sink effects. As technology continues to expand and improve, solar energy can be harnessed to lower the energy demand of the Project. Active solar panel design should also be considered throughout the Project. The surf lagoon wave machine technology is designed to perform at the highest level and as efficiently as possible. In terms of performance, the system runs at an efficiency level of 92%, thus using the energy at the most efficient levels to generate waves within the lagoon. The versatility of the technology permits the number of waves to be adapted DSRT SURF Specific Plan 22 to the number of surfers at any given time. In this way, the fixed consumption of the installation is reduced to a minimum, and electricity consumption has a direct correlation to wave generation without unnecessary energy waste. DSRT SURF also promotes the use of products and materials that have a positive economic, social and environmental impact and focuses on minimizing the energy involved in extracting, processing, transporting, maintaining and disposing of materials associated with construction of the machinery. The landscaping palette for DSRT SURF is designed to minimize the use of water for irrigation through the installation of highly efficient irrigation systems, plant-specific emitters, and using drought tolerant desert landscaping. Recycling of materials within DSRT SURF should be made as simple and accessible as possible. Although centralized solid waste disposal is likely throughout the Project, each building should be designed to make the recycling of materials easy and convenient. If trash chutes or centralized sorting areas are designed in buildings, they must include a recycling component. Finally, open spaces within the Project will include furnishings and finishes which should to the greatest extent possible be made of sustainable and/or recycled materials. A broad range of products are now available, with more being introduced every year, which reuse materials in their construction. ii. Building Heights and Mass The Specific Plan allows for development where careful attention to appropriate building height, scale and massing will be essential to creating space and enhancing the surf resort experience. The majority of the planning area will be pedestrian oriented, and all buildings should be sensitively designed to the human scale with active, pedestrian friendly frontages and pathways. The DSRT SURF Specific Plan allows for a maximum building height of 50 feet without articulation. Elements such as awnings, balconies, roof overhangs, or trellises that protrude from the building elevations are encouraged to provide a unique design and additional shade. The following exhibits provide architectural inspiration for the hotel and villas, and should be considered during the precise planning process. New renderings 41F f .t�� 1� ■�i I .Z�•- ' Y r• '!. �� �,N•wrV�'"'���.Yiii 'of — _ :. -..fir.— � �Y�'• — D S R T ■ low DSRT SURF Specific Plan 26 iii. Building and Design Materials The DSRT SURF architectural style is defined by an authentic and organic palette of complementary materials and finishes. While consistent with the broader theme, it is essential that materials, colors and finishes are appropriate to the architectural style of individual buildings. Intense sunshine is a prevailing feature of the desert environment and textured surface finishes on which interesting shadow effects can be achieved will contribute much to distinctive local character. The following materials are encouraged in building design: • Weathered tropical hardwoods such as ipe for pathways and walls; • Ocotillo branch screens and trellises to provide shade with natural materials and interesting textures; • Stacked stone for walls, fencing, and seating; • Sand finished concrete for pathways to create a beachy texture; • Wood siding commonly used for coastal buildings; • Painted steel, rusting steel, and metal roofs will naturally weather creating an authentic look. Removed rammed earth DSRT SURF Specific Plan 27 B. Pathways and Wayfinding The streetscape and wayfinding concepts are intended to unify the surf center, lagoon, hotel and residential uses in a cohesive manner. The goal of the internal pathway theme is to encourage organic wayfinding designs with natural materials juxtaposed with artificial materials (such as boardwalks, sand, grass, and concrete) to suggest organic circulation. Haphazard path directions promote the feel of natural wayfinding consistent with natural beach environments. Examples of creative wayfinding include: • A mix of pathway materials, such as concrete, boardwalks, sand, and grass; • Playful pathway directions that avoid 90-degree angles; • Interesting wayfinding signage using natural and/or weathered materials; C. Landscaping The landscape design character at DSRT SURF will project the relaxed surfing beach character of Baja California, where the desert meets the ocean. At DSRT SURF, the use of rustic stone, wooden boardwalks, and casual arrangements of desert compatible plants creates a setting for guests to unwind and engage with the dynamic surfing lagoon. Another goal of the landscape is to complement the character of the landscape at Desert Willow, with an emphasis on desert compatible plant species. The plant species selected at the perimeter of the Project will be species that are currently being grown in the adjacent landscape areas at Desert Willow. The goal is to have DSRT SURF fold seamlessly into the overall landscape character of Desert Willow. The perimeter landscaping will subtly provide screening between DSRT SURF and the golf course, while maintaining views outward to the San Jacinto Mountains. The perimeter landscaping will also use wind tolerant plantings to buffer the Project from the northwesterly winds and mitigate the potential for wind-blown sand. The landscape at DSRT SURF has been designed to celebrate the bold forms, textures, and blooms of succulents and cacti that are adapted to the climate of the Coachella Valley. Varied plant species have been selected and placed to create organic compositions that display the unique colors, textures and forms of novel and memorable plant species. DSRT SURF Specific Plan 28 i. Conceptual Landscape Plan Zones The landscape for DSRT SURF has been broken down into four conceptual landscape plan zones. ZONE 1: PERIMETER LANDSCAPE The perimeter landscape will be comprised of evergreen trees and shrubs that are either native or native adaptive. Plants that are currently growing in adjacent landscaped areas at Desert Willow will be incorporated into the plant palette. Plants will have dense evergreen foliage to create a vegetative windbreak or to screen selective views into and outward from the site. Evergreen groundcover plants and angular crushed gravel will be placed to assist in bank stabilization and to reduce wind-blown sand. ZONE 2: PROJECT ENTRY The landscape at the Project entry at Desert Willow Drive will have Fan Palms that provide vertical punctuation to create a sense of arrival and assist with wayfinding. A landscaped median will include additional Fan Palms that will be held back from the intersection so that views of on-coming traffic are not blocked. Project signage will be incorporated into the entry landscape along with LED low voltage up-lights on the palm trees and entry sign. ZONE 3: LAGOON BEACH The zone between the lagoon, hotel and villas is referred to as the ‘Lagoon Beach’. Meandering pathways make their way around the pool and gathering spaces to concrete stairs and an accessible ramp to access the beach level. The concrete paving will have a sand finish to provide the needed slip resistance and ‘sand beach’ character. To strengthen the beach character of the landscape, tropical hardwood decking is inlaid flush into the pavement to suggest beach boardwalks. Cabanas, day beds and chaise lounges line the sand beaches invoking the destination resort feel. Crushed gravel will cover the planting areas to reduce potential blown sand. Previous image of Landscaping Zones removed due to out dated mapping. Text has been amended as necessary per revised site plan. Same desert landscaping concepts proposed. Removed "Arrival Plazas" Zone, not relevant to revised site plan. DSRT SURF Specific Plan 29 Located at the Lagoon Beach zone are pools and spas with lounging areas and day beds creating a relaxing, laid back environment. Palms and accent trees are organically interspersed throughout the beach zone to add to the Baja California landscape concept. Most of the trees at the Lagoon Beach will be small textured, evergreen trees located to provide the maximum afternoon shade. The trees will be desert compatible, with minimal litter or pollen production. A variety of tree sizes will be planted to offer varied tree heights and tree ages. Desert shrubs and succulents will have bold textures, colorful blooms, and a variety of foliage colors; variegated, blue-green, or olive-green colors. Shrubs with spines or thorns will be set back from the edge of walkways. ZONE 4: VILLAS, STACKED FLATS, AND CLUBHOUSE The landscape character at the villa and stacked flats sites will have a more intimate, residential scale as compared with the other landscape zones. Large canopy, small textured evergreen trees are located to shade the parking stalls and the pedestrian walkways from the afternoon sun. Shrubs and accent plants will display a variety of colorful foliage and flowers. Pedestrian paving will be a sand finished concrete that will complement the native stone and gravel and provide slip resistance. Residents will have access to a private clubhouse and swimming pool and spa overlooking the lagoon. From the pool deck are stair and ramp pathways leading to the lagoon boardwalk. Common areas include a large lawn space for gatherings and events, recreational areas, cabanas and lounge space. Palm trees are limited to the pool/spa patios and clubhouse common areas. Landscaped areas adjacent to villas may be landscaped with turf block, decomposed granite, or similar material to be used for additional parking, seating areas, and other gathering spaces. Last sentence added regarding landscaped areas adjacent to villas and potential uses. DSRT SURF Specific Plan 30 ii. Landscape Palette a) Plants Plant material has been selected using WUCOLS water use calculations with preference given to low water use plants. Plant material native to tropical regions on the planet have been excluded due to their irrigation requirements and the ‘tropical’ character of their foliage. Given the surfing, swimming focus of this Project, plants and trees that produce excessive leaf, flower, seed and pollen litter that could end up in a water filtration system are to be avoided. Trees Entry Plaza tree species were selected for their upright, vertical form that will assist visitors with wayfinding. The trees will be placed to frame views of the mountains and of the lagoon. Parking Area trees will be evergreen and tolerant of seasonal winds and provide shade to parking stalls and pedestrian walkways. The placement of trees will avoid casting shade onto the photo voltaic panels on the parking lot canopies. Promenade trees will have an informal alignment and spacing. Their locations will be selected to buffer views both into and out from the site. The varieties will be evergreen and wind tolerant. Lagoon Beach tree species will include both evergreen shade trees and clusters of Palms. The shade trees will have small textured evergreen foliage and will produce minimal litter. They are placed in informal groves with varied tree heights at time of planting. Perimeter Landscape tree species have been chosen to complement or mimic the golf course landscaping. They will be evergreen, tolerant of seasonal winds and provide judicious screening as required. They will be placed in informal, natural appearing groves comprised of a variety of heights. Exhibit 9 provides a visual list of tree species representative of the palette envisioned for the Project. Material list removed, however names/images are still provided, Stand alone exhibits for Accents removed, however text description and embedded images remain. Discussion of "Groundcover" removed. $g q. '.;r, . •4<. �. Ord '� , 7 ' •Y. �k R �� f. v,. ter"" ^ AF "' ira:�: � . - ..r ' �.-; : � -:fie.' •". �'}�. ,t ';j-_ ,�... �_�, . � _ � � } �.� : i�`' ". . �' - i[��� :^F •r •.. � .;� L ...l.�'" �rdlr. �" �r •y.. A.i•Y� k� - 4 � �T .mow h I ■ f 1 � i. �.. DSRT SURF Specific Plan 32 Shrubs The shrub species have been selected for their ability to tolerate wind and afternoon heat. Shrubs that are sensitive to afternoon heat have been placed in shaded north or east facing exposures. Wind tolerant shrubs have been used to create vegetative windbreaks along the perimeter of the Project. In areas of greater visibility, plants have been selected for their variety of foliage colors and forms. At the lagoon beach, shrubs have been chosen for their cleanliness and compatibility with hardscape surfaces. Exhibit 10 provides a visual list of shrub species representative of the palette envisioned for the Project. Accent Plants Accent plants will comprise heat and drought tolerant succulents and cacti. Accent plants will be primarily located in high traffic areas of the Project. Preference has been given to plants with bold sculptural form, large texture and dramatic blooms. Spineless varieties of cacti have been incorporated into the palette. Any accent plant with sharp spines or thorns will be kept away from walking paths. SHRUB IMAGES _ VIA CIL r. yy a ;ti R ACACIA REDOLENS'DESERT CARR ET AGAVE DESERTI AGAVE GEM IN I FLORA AGAVE PARRY1 ALOE SAROADENSIS LALO�E VARiEGATA ROSMA RIN VS OFFIC INALIS IMSCAN BLUE' PROSTRATEACACfA DESERTAG4VE TWTN FLOWERAGAVE DESPRTAGAV£ ALOE VERA PARTRTOGE BREASTALCf ROSEMARY v I L ^� r _ 'fir:...► 'Y .;- ��'� � _ �r L�� alb • f. ti4 �. SACCHAR IS %'STARK THOMPSON' BOUGAIN V ILLEA SPP. CAESALP IN IA PULCHERRIMA CEREUS H ILDMANN IANUS CHRYSACTINIA MEXICANA CI STUS P URPU REDS YUCCA GLORIOSA PROSTRATE COV_QTE BUSH 90VGA11J Vf t tEA RED SiRO OF PARADJSE HEW;E CACTUS D440NMA ORCHID fK;PCK ROSE SPANf5H DAGGER f . • Wit':: 1 � � .,r.. . a.•f COCCU LUS LAURLFOLI VS DALEA FRUTESC ENS'SI ERRA N EGRX DASYLI RION LO NGI551 MA DASYLI RION W HEELERI DISTICnS X'RIVERS' DODO NAEA VISCOSA SAWTA GREGGI LAUREL LEAF SNAOL SEEP SLACK)ALEA MF_XICAN GPAS5 IWIF DESERTSPOON ROYAL TRVMPFTVfNE FfOP @VSH RED SALVIA FOUQUI ERLASMNDENS HEW ERALOE PA W(RORA H ESPERALGE PARV IFLORA'YELLOW' LANTANA CAMARA'N EW GOLD" LEUCOPHY L W M CAN D IDUM LEUCC?KYLLUM FRUTE SC ENS YUCCA W HI PPLE 1 0007ILLO RED YUCCA YELLOWYUCCA NEW GOLD LANTANA VIOLETSILVERLEAF TEXAS RANGER OURLORD'S CANDLE LEUCOP HYLLUM LANGMAN IAE'LYNN'S LEGACY' MUCOPNY" H MOP HYLWM'CIMARRON' LIMOPEW- LONICERAJAPONLCA'NALLIANA• OENOTHERA BERLAN DIERF PACHYCEREU 5 M A RGI NATIS YUCCA ELATA LYNN'S LEGACY TEXAS RAIJGER BLUE RANGER TURFLILY HALL 5 HONEYSUCKLE CHIHUAHMANPRWROSE MEXICAN FENCE P4:)5T SOAP -TREE YUCCA a STIPATENUISSIMA TRACHELOSPERMUMJASMINOIDES VERBENA MEVCAN FEATHER ORAS5 STARJAEMINE VERBENA �'&NSource: Ad Architects. 2W1 2.1.21Ap Architects, 2W1 2.1.21 t DSRT SURF Specific Plan Exhibit 10 -LANDSCAPE PALETTE: SHRUBS DSRT SURF Specific Plan 34 iii. Irrigation The irrigation system will be computer controlled and extremely water efficient. The irrigation controller will communicate with a weather station so that the frequency and duration of the irrigation will be adjusted to hourly changes in the weather. The irrigation layout will be zoned to isolate landscapes with similar sun exposures and plant communities. All shrub beds will be irrigated by drip irrigation emitters and trees will be irrigated on zones separate from the shrubs. The water use calculations for this system will be prepared and submitted per CVWD irrigation design requirements. iv. Public Space Furniture The furniture selected for DSRT SURF will be durable and user friendly. Benches will include benches with and without backs. The furniture seating surfaces will be either tropical hardwood or aluminum chosen for its high durability and low heat retention. Movable chairs and tables, incorporated into areas adjacent to food and beverage service, will allow guests to customize the furniture arrangements. Casual seating is encouraged on eighteen-inch-high seat walls and stone boulders located throughout the Lagoon Beach. Customized canvas shade sails are located adjacent to architecture or screen walls to create areas of shade at high volume use areas. Trash receptacles will be durable stainless steel and easy to service. Bicycle racks will be located at prominent access points and will be made of tubular stainless steel. v. Stone Native stone boulders will be placed strategically within the planting beds to provide a native landscape character and to assist in soil retention. Some boulders are located to provide casual seating for guests. The boulders will be sized between two and six feet across. The landscape beds will be covered in either round river cobble or angular crushed rock. This will provide additional texture to the landscape and assist in limiting blowing sand. Native stone will also be used in retaining walls and 18-inch-high seat walls. The stone will be either dry set, mortar set, or used in a gabion wall retention system. Exhibits 11 and 12 provide a visual list of furniture, stone, fencing, and shade structures representative of the palette envisioned for the Project. Updated Exhibit Updated exhibit DSRT SURF Specific Plan 37 vi. Landscape Lighting Landscape lighting will include tree and shrub up lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED fixtures. The selective use of up lights will limit their numbers to only high-profile specimen tree and shrubs. The lights will be angled to reduce glare and hot spots. The goal is to showcase the lighted element and not the light source. D. Signage To ensure a cohesive overall Project design, the entire planning area will be subjected to these same signage program standards and guidelines. Materials will be consistent with the overall Project material palette and in keeping with the desert modern theme established in this Specific Plan. The overall intent of this section is to describe signage that appears consistent with the materiality of the Project and will weather over time. All signage will be located in a manner that provides optimal efficacy of the overall signage program balancing the need for identification and wayfinding while maintaining a discreetly curated sense of place. Care shall be exercised to minimize the overuse of signage and thus reduce visual clutter around the Project. All Project signage will comply with the local building code and the Americans with Disabilities Act (ADA) and will be approved by the City. Signage will comply with the City’s Zoning Code, Chapter 25.56 and building code pertaining to clearances and sizes, except where provided below. Typography shall be coordinated across the entire Project. Creative design in signage is encouraged. Variations to the standards and materials provided below can be permitted with approval of the Community Development Director. Corporate logos and typestyles are permitted within the parameters set forth below. DSRT SURF Specific Plan 38 i. Project Identity and Monument Signage a) Location Project Identity Monument Signage will be located at the primary entrance at Desert Willow Drive in the separated median, or immediately adjacent to the separated median. Signage at the secondary drive onto Desert Willow Drive shall be treated as Project Wayfinding Signage thus ensuring the majority of vehicular traffic enters the Project off the primary entrance at Desert Willow Drive’s roundabout. b) Materials Monument signs shall be constructed in stone or weathering steel or a combination thereof. Narrative content shall be cast or carved into the primary material or shall be additive in the form of individual cast letters on stand-offs or shall be subtracted (e.g. laser cut) from a weathering steel plate placed over the primary material. Stone walls with signage shall be reserved for Project identity signage or principal Project component signage (e.g. The Surf Center, Hotel identity, Villa identity) and shall be grand in scale. c) Sizing Primary narrative content, either positive or negative shall be a minimum of 9” and a maximum of 24” and secondary narrative content shall be no larger than 60% of the height of the primary content. The overall size of the Project monument signage shall be no taller than 7’ measured from adjacent grade and shall be no wider than a maximum proportion of 2.5 times the height. ii. Project Wayfinding Signage Project wayfinding signage is an opportunity to reinforce the overall cohesion of the Project across all phases and programs. a) Location Wayfinding signage shall be located at all major transitions between Project programs (e.g. Surf Lagoon, Hotel, Surf Center, Villas) and minor Project programs (e.g. Restrooms, changing areas, pools, etc.) Wayfinding signage shall be pole or building mounted and Rammed earth removed, other minor modifications made - overall theme remains. DSRT SURF Specific Plan 39 narrative content shall be placed within 3’ and 5’ elevation above adjacent grade so that the content is easily read by standing pedestrians. Wayfinding signage shall be placed adjacent to traffic areas in landscaped areas such that it is readily visible. However, care shall be taken to avoid obstructing primary view corridors of the Lagoon or other Project amenities. b) Materials Project wayfinding signage will evoke the beach style created by the architecture, and provide information at different scales. Primary wayfinding information (e.g. directions or simplified descriptors for program) can be reduced to simple graphics or letters that are cut into the plate/post. Secondary wayfinding information may be printed on a contrasting element mounted to the primary surface or may be etched into the surface. iii. Primary Building Signage a) Location Primary building signage shall be located at, or proximate to, the primary public entrance to the building in question. Some images updated. DSRT SURF Specific Plan 40 b) Materials Primary building signage shall be of the same or similar materials as the Project identity signage. c) Sizing Primary narrative content, either positive or negative shall be a minimum of 9” and a maximum of 24” and secondary narrative content shall be no larger than 60% of the height of the primary content. Primary building signage may be graphically incorporated into the building skin provided the building skin is a natural material (e.g. rammed earth, natural wood siding, stone, etc.). Graphically incorporated signage shall not be limited in size. Narrative content that is subtracted from other materials in the “field” from which it is subtracted shall be no taller than 3’ and no wider than a maximum proportion of 2.5 times the height. The overall size of the Primary Building Signage shall not be limited. iv. Retail Signage a) Location Retail Signage shall be mounted directly to buildings in the form of letters on standoffs or directly applied rather than integrated into a complete sign. This allows the building façade material to read behind the sign. Blade signs may be considered. Plate or sheet material may be considered if the narrative content is subtracted from the sign and the building façade material is the relief. b) Materials Retail signage shall be of natural materials consistent with this section or painted black, grey or white. DSRT SURF Specific Plan 41 v. Signage Lighting Cast surfaces or additive content shall be face illuminated from concealed sources. Laser or otherwise cut narrative content shall be illuminated from behind the material from which the content was subtracted. Wayfinding signage shall be illuminated internally, or by concealed illumination, or by general building illumination if available. vi. Signage Approval Process Signage program(s) shall be approved by the Architectural Commission. Signage program(s) can be submitted with Precise Plan applications, or subsequent to Precise Plan applications. E. Walls and Fences DSRT SURF is being developed as a unified, single Project. Perimeter walls between the surf lagoon, hotel and villas are prohibited. Screen walls are to be limited to only those required for privacy or to block views into service areas, loading docks and similar back of house facilities. Surf Lagoon Fencing surround the lagoon will be installed if necessary, to satisfy the current pool fence code requirements. Gates that satisfy the current pool fence code requirements will be located at each entry point to the surf lagoon/beach area. There will be a minimum 4- inch on-center spacing for the rails or cables for security purposes. There are locations where a building, structure, or wall will provide the required security in lieu of the fence. The fence will occur between any gaps between these structures. A minimum 4-foot clear zone between the top or bottom riser of a staircase and the fence gates is required to address ADA accessibility code. Walls shall be permitted at the ground level only to screen loading dock facilities, pool and lagoon maintenance equipment, and trash enclosures. Walls shall not be allowed to exceed 6 feet in height, as measured from finished grade. Walls shall be constructed of split faced block, precision block, wood, stucco or stone. Gate not currently proposed,language added regarding gate requirements as necessary. DSRT SURF Specific Plan 42 Wrought iron fencing, decorative block/rock walls or tubular steel fencing no higher than 3-feet in height shall be permitted to enclose outdoor use areas, such as restaurant terraces and lounge areas. Within the parking garage and service areas, chain link fencing shall be permitted to enclose equipment or storage areas only. The chain link fencing shall not exceed 6-feet in height. Hotel and Villas Adjacent to hotel, walls shall be permitted at the ground level only to screen loading dock facilities. Walls shall not be allowed to exceed 6 feet in height, as measured from finished grade. Walls shall be constructed of split faced block, precision block, stucco or stone. No other material shall be permitted. Wrought iron fencing, decorative block/rock walls or tubular steel fencing no higher than 3 feet in height shall be permitted to enclose outdoor use areas, such as restaurant terraces and lounge areas. Fences and gates that satisfy the current pool fence code requirements will be located at each entry point to the surf lagoon/beach area. There will be a minimum 4-inch on-center spacing for the stainless-steel cables for security purposes. No chain link fencing shall be permitted at or above ground level in any part of the hotel development. DSRT SURF Specific Plan 43 Within the parking garage and service areas, chain link fencing shall be permitted to enclose equipment or storage areas only. The chain link fencing shall not exceed 6-feet in height. Adjacent to residential/villa development, walls and fences shall be permitted at the ground level to screen entryways and courtyards. Walls and fences adjacent to a street may not exceed 6-feet in height, as measured from finished grade. Walls and fences on the interior of a building, adjacent to common area open space may not have a visual obstruction that exceed 3 feet in height as measured from finished grade. Glass may be permitted above the 3-foot height threshold, but combined height shall not exceed 6 and a half feet. Walls and fences may be constructed of wrought iron, tubular steel, glass, split face block, precision block, stone, stucco, wood, or decorative metal siding (non- reflective). No chain link fencing shall be permitted at or above ground level. F. Lighting Lighting will be used for landscaping, pathways and stairways, monuments and signs, and security. With the exception of the surf lagoon, all developments within the Specific Plan area are subject to the outdoor lighting requirements set forth in Chapter 24.16 of the Palm Desert Municipal Code. Requirements include architectural outdoor lighting, public street lighting, light trespass standards, holiday exceptions, and time of operation. The following images are example fixtures proposed for the planning area. DSRT SURF Specific Plan 44 Surf Lagoon Lighting Standards Lighting for the surf lagoon will require both in ground lighting (flush with the lagoon bottom), lighting in the lagoon side walls, as well as stadium-like lighting above ground to ensure all portions of the lagoon are properly lit for night surfing. The following lighting standards have been developed specific to the surf lagoon to ensure minimal light and glare spillage onto surrounding properties, while optimizing surfer safety. Technology: LED technology positioned in a manner that focuses light directly onto the lagoon to prevent excess light and glare spillage onto neighboring land uses. Light Pole Height: 80 feet maximum. Hours of Operation – Pole Lighting: In Summer (May 15-September 30), pole lighting will be permitted from dusk until 12 AM 7 days a week. In Winter/Spring (November 1-May 14), pole lighting will be permitted from dusk until 10 PM on weekdays, and until 12 AM on weekends, Holidays and during special events. For safety purposes, lighting within the lagoon will be required after hours until dawn. Pole lighting will be permitted in the early hours of operation (6-7am) in the event that natural lighting conditions are inadequate for surfer safety. A lighting plan will be submitted to the City prior to the issuance of building permits to ensure swimmer/surfer safety and that light trespass onto neighboring land uses is minimized. DSRT SURF Specific Plan 45 IV. INFRASTRUCTURE The DSRT SURF Project occurs in an area of Palm Desert which is fully developed. As such, most infrastructure, including roadways, water, sewer, and utilities, are in place in the area. It is expected that with implementation of the Specific Plan, the majority of existing trunk lines will remain with minor relocations, and on-site extensions will occur to service individual development components throughout the site. A detailed description of all existing and proposed infrastructure for the Project is provided below. A. Roadways Primary Project entrance ingress and egress will occur at the northeast corner of the site from the existing Desert Willow Drive roundabout. A secondary driveway will be provided approximately 240 feet southeast of the primary access point but will only be used for guest egress and emergency access. Primary vehicular circulation within the Specific Plan area will be from a perimeter roadway or “Promenade” that connects both Planning Areas. The Promenade right of way will range from 24 to 30 feet wide with a single lane of traffic in each direction. Parking will be provided in designated driveways (villas), parking lots and/or structures within the appropriate Planning Area. On-street parking will not be permitted. Two emergency access points will be provided; one from the secondary driveway located southeast of the site entrance, and one gated access point from the neighboring Desert Willow Westin Villas property to the west via Willow Ridge Drive. B. Drainage and Flood Control Storm runoff generated on-site is designed to be conveyed to the adjacent South Golf Course via an underground storm drain piping system in a similar manner to the systems employed by existing adjacent resort developments. The Project will connect to existing 24-inch storm drain lines and proposed underground systems to outlet on-site runoff to the adjacent golf course consistent with the existing South Golf Course Runoff Management Plan. Disposal of accumulated water will take place by infiltration, assisted by the installation of drywells. The surf lagoon will require regular cleaning and maintenance resulting in the need to dispose of lagoon water. Lagoon water will be drained in a similar fashion to stormwater, in that it will be directed to the adjacent South Golf Course via an underground storm drain piping system. Stormwater and lagoon water will be discharged into an existing lake on the golf course that is currently used for stormwater retention and landscape irrigation. Stormwater infiltration will be assisted by the installation of drywells. DSRT SURF Specific Plan 46 C. Public Utilities The infrastructure that will serve the development is described below and is designed to provide a coordinated system of infrastructure and public services to adequately serve the plan area at full build out. The infrastructure and utilities plan identify standards relative to land use for the plan area and establishes the infrastructure and public service policies. i. Sewer The development is located within the jurisdiction of the Coachella Valley Water District (CWVD) for sewer and wastewater service. Portions of the project at lower elevations will connect via gravity flow to existing 8-inch sewer lines located within Willow Ridge Drive to the west. The remainder of the project at higher elevation will gravity flow to an existing 12-inch sewer line located within Desert Willow Drive to the east. Wastewater will be conveyed to and treated at CVWD’s wastewater treatment plant WRP-10, which also generates recycled water that is primarily used for irrigation of golf courses and large landscaped areas, including the Desert Willow property. ii. Water The development is located within the jurisdiction of the Coachella Valley Water District (CVWD) for water service. As shown in Exhibits 17-19, existing 8-inch, 12-inch, and 18-inch water lines are located adjacent to the site in both Desert Willow Drive and Willow Ridge Drive. An on-site well is proposed for the southeastern portion of the Project site by the lagoon wave machine infrastructure and will supply water for the lagoon. Alternatively, the Project could connect to an existing well, located south of the Project site within the golf course. A Water Supply Assessment will be prepared prior to Project approval to ensure CVWD has adequate water supply and infrastructure to serve the site. On-site irrigation will connect to existing 10-inch, 12-inch, and 15-inch irrigation lines adjacent to the property. Fire flow water would be provided from the proposed 8-inch pipe located in Willow Ridge Drive, and onsite fire hydrants will be provided per Riverside County Fire Department standards. Two infrastructure realignments are required in proximity to the Desert Willow Drive roundabout and Project entrance. These include the realignments of a 20-inch recycled water line and a 12-inch irrigation line (See Exhibits 17-19). iii. Other Utilities The site is served by Southern California Edison (SCE) for electrical services and by Southern California Gas Company for natural gas. Solid waste and recycling services will be provided by Burrtec Waste and Recycling. Telecommunication services will be provided by Frontier Communications and cable television services will be provided by Spectrum. Added description of gravity flow infrastructure Exhibit 13 - GRADING AND UTILITY PLAN (Sheet 1 of 3)DSRT SURF Specific Plan Source: The Altum Group; AO Architects, 2021 9.28.21 Revised exhibit Exhibit 14 - GRADING AND UTILITY PLAN (Sheet 2 of 3)DSRT SURF Specific Plan 9.28.21Source: The Altum Group; AO Architects 2021 Revised exhibit Exhibit 15 - GRADING AND UTILITY PLAN (Sheet 3 of 3)DSRT SURF Specific Plan Source: The Altum Group; AO Architects, 2021 9.28.21 Revised exhibit DSRT SURF Specific Plan 50 V. ADMINISTRATION and IMPLEMENTATION A. Application Review Process This Specific Plan is designed to provide guidance to the public, City staff, and decision makers in realizing the objectives of the DSRT SURF Project. According to the Palm Desert Zoning Code, Chapter 25.78, the following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. (Ord. 1303 § 3, 2016). Future development within the planning areas will require a Precise Plan application which shall adhere to requirements and review criteria set forth in Palm Desert Zoning Code, Chapter 25.72.030. B. Specific Plan Amendments Specific Plan Amendments required to clarify standards or guidelines, make interpretations of permitted uses, or otherwise required which do not change development standards in this Specific Plan may be made by the Planning Director. Any amendment which changes uses, density, maximum square footage or units, development standards or circulation within the Specific Plan shall require review by the Planning Commission and City Council. C. Financing The majority of Project costs will be financed via investor funds. Other methods of financing infrastructure may be considered. DSRT SURF Specific Plan 51 VI. APPENDIX A: GENERAL PLAN CONSISTENCY California Government Code §65450-§65453 permits the adoption and administration of Specific Plans as an implementation tool for elements contained within the local General Plan. The City of Palm Desert General Plan provides guidance for long-term growth and development in the City through comprehensive plans for future development. Consistency with the General Plan is achieved when the various land uses within the Specific Plan are compatible with the goals, policies, and general pattern of land uses contained in the General Plan. Consistency is defined as follows: “An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment.” This statement from the Governor’s Office of Planning and Research (OPR) describes how a Specific Plan should be consistent with the General Plan. The discussion below details the DSRT SURF Specific Plan’s consistency with the goals and policies that are set forth in the City of Palm Desert General Plan. 2035 GENERAL PLAN LAND USE AND ZONING DESIGNATIONS LAND USE and COMMUNITY CHARACTER GOAL 1. Quality Spaces. A beautiful city with a balance of high-quality open spaces and high-quality urban areas. Policies 1.1 Scale of development. Require new development along the city’s corridors use design techniques to moderate height and use and ensure compatible fit with surrounding development. 1.2 Open space preservation. Balance the development of the city with the provision of open space, and especially the hillsides surrounding the City, so as to create both high quality urban areas and high quality open space. 1.3 Traffic generation. Balance medium and high intensity/density development with pedestrian-oriented and bicycle friendly design features so as to maximize trip and VMT reduction. 1.5 Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features. Consistency The development of the DSRT SURF Specific Plan (DSSP) will result in improvements the area’s existing environment. These improvements will be in the form of new sidewalks and enhanced landscape areas as well as the construction of a recreational resort center on a currently vacant lot. Consistency analysis remains the same. Only reference to two separate planning areas removed/revised to one overall project area DSRT SURF Specific Plan 52 In addition, the architectural style will be reflective of the desert mid-century modern aesthetic. The aesthetic character of the DSSP, including architecture, landscaping, walls and fences, and signage, are described in the design guidelines defined by Chapter III of the Specific Plan. The integration of a signature surf theme with related recreational amenities also supports the goals of the General Plan. The high-quality design attributes of the DSSP, such as enhanced streetscapes and pedestrian walkways, have the potential to increase surrounding property values and create positive fiscal impacts in the City. GOAL 2. Human-Scaled Design. A city designed for people, fostering interaction, activity, and safety. Policies 2.3 Landscaping. Require development projects to incorporate high quality landscaping in order to extend and enhance the green space network of the city. 2.6 Lighting. Require all new street lights in commercial areas to be pedestrian- oriented and scaled, attractively designed, compatible in design with other street furniture, and to provide adequate visibility and security in accordance with best practices for night sky protection. 2.12 Destination Accessibility. Direct the development of new centers, parks, schools, and similar destinations so as to provide all residences within town ¼ mile to at least two amenities. Consistency The DSSP’s carefully designed landscaped buffers and parkway improvements along perimeter will blend into the existing Desert Willow landscapes. Landscape treatments, theme walls, and entry monumentation will visually enhance the currently vacant area. All lighting within the DSSP, with the exception of the surf lagoon, will be subject to the City’s Municipal Code to reduce impacts to the night sky. Specific lighting standards have been developed for the surf lagoon to ensure minimal light spillage onto offsite properties. Since the DSSP is located within the Desert Willow resort development, resort guests may access the DSSP amenities and vice versa. GOAL 4. Districts. A series of unique, destination-oriented districts that provide space for large-format retail, industrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City. DSRT SURF Specific Plan 53 Policies 4.1 Resorts. Encourage the development of unique resort complexes. Locate resorts in areas of the city where citywide connectivity will not be negatively affected by the design of the project. 4.2 Resort design and connectivity. Allow resorts to be designed as isolated and gated developments as long as through traffic and external connectivity occurs at distances of no greater than 1,300 feet. Exceptions to this may be made where external connection is not possible because of steep slopes, or natural or man-made barriers. Consistency The DSSP’s uses will support balanced growth in the area since it adds to the existing Desert Willow amenities in a unique format by creating surf community in the center of a desert resort city. Unlike any other resort development, the DSRT SURF Specific Plan area will create a different resort complex within an existing resort and maintain the overall image of the site. GOAL 8. Economic Development. A diverse, growing, and resilient local economy. Policies 8.1 Long-term economic development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses. 8.7 Natural environment. Maintain and enhance the natural environment as critical to the attraction of tourists and ensure that new development does not adversely affect the natural environment as a tourist draw. 8.8 Recreational amenities. Strategically utilize City recreational investments to create and enhance development opportunities. Consistency The DSSP contributes to the economic well-being of the City by offering quality development that will provide a diversity of resort and commercial businesses to the employment pool. GOAL 9. Fiscal Stability. A fiscally sound and sustainable city. Policies 8.1 Fiscal impact assessment. For all major development projects, including but not limited to specific plans, annexations and changes in General Plan designations for areas over 5 acres in size, require a fiscal impact DSRT SURF Specific Plan 54 assessment to determine possible fiscal impact of the development project and use the information to formulate conditions of approval for the project. 8.2 Efficient growth. Manage growth in a manner that is fiscally sustainable and protects and/or enhances community value. 8.3 Diverse tax base. Guide development and public investments to maintain a fiscally sound city with a sustainable tax base and user fees including property tax, sales tax, transient occupancy tax, utilities user tax and user fees that pay for cost of services. Consistency The City has required performance and market feasibility assessments to be prepared for the DSSP in order to evaluate these impacts to the City. The assessments will also outline the projected growth of the immediate area as a result of the DSSP. Since the DSSP proposes a hotel and commercial uses such as restaurants and retail uses taxes from these services will create a diverse tax base from the implementation of the DSSP. MOBILITY GOAL 2. Parking. An actively managed system of public and private parking facilities that supports future development. Policies 2.1 Public Parking Facilities. Provide new public parking facilities only after applying appropriate techniques to manage parking demand and ensure efficient use of all public and private parking facilities. 
 2.5 Innovative Parking Approaches. Allow the use of innovative parking supply and demand strategies such as shared parking, unbundling parking, and other related items within privately owned parking facilities to allow an appropriate level of flexibility for these private land owners. 
 2.6 Formal Parking Evaluations. Perform formal evaluations of parking capacity on a biannual basis to identify areas where parking is under- or over-utilized. 
 Consistency Primary parking for the hotel and surf center will be provided in the hotel parking garage on the first and second level of the building, and in surface parking adjacent to the buildings. Parking for the residential component will be provided immediately adjacent to the corresponding buildings or in an attached garage. Underground or structure parking is allowed on site. The Parking standards stipulated by the City of Palm Desert were used in order to design the required parking spaces. Table 4 of the DSSP further breakdowns the standards. DSRT SURF Specific Plan 55 ENVIRONMENTAL RESOURCES Goal 1. Water Resources. Protected and readily available water resources for community and environmental use. Policies 1.1 Water conservation technologies. Promote indoor and outdoor water conservation and reuse practices including water recycling, grey water re- use and rainwater harvesting. 1.2 Landscape design. Encourage the reduction of landscaping water consumption through plant selection and irrigation technology. 1.3 Conservation performance targeted to new construction. Incentivize new construction to exceed the state’s Green Building Code for water conservation by an additional 10 percent. 1.4 Greywater. Allow the use of greywater and establish criteria and standards to permit its safe and effective use (also known as on-site water recycling). 1.5 Waterways as amenities. When considering development applications and infrastructure improvements, treat waterways as amenities, not hazards, and encourage designs that embrace the waterways. Consistency As stipulated by SB 610 and SB 221 under Water Code Section 10910(a) the DSSP is required to produce a water supply assessment and water supply verification in order to document the sufficiency of the CVWD water supply to meet the demand associated with the proposed land use. CVWD adopted the DSSP WSA in 2019. The DSSP WSA determined that CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years and the anticipated water demand 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. The DSSP will also encourage water conservation through techniques such as the use of low volume irrigation systems and drought-tolerant landscaping. Any water features, such lagoons or pools, built in the specific plan area will be designed to minimize the use of excessive amounts of water. In addition, the Project applicant proposes to offset the lagoon’s water demand by participating in the Golf Course Turf Reduction Plan developed by the City of Palm Desert that will replace approximately 1,035,325 square feet of turf with drought-tolerant landscaping DSRT SURF Specific Plan 56 Goal 6. Energy. An energy efficient community that relies primarily on renewable and non-polluting energy sources. Policies 6.1 Passive solar design. Require new buildings to incorporate energy efficient building and site design strategies for the desert environment that include appropriate solar orientation, thermal mass, use of natural daylight and ventilation, and shading. Masquerade 6.2 Alternative energy. Continue to promote the incorporation of alternative energy generation (e.g., solar, wind, biomass) in public and private development. 6.3 Energy Efficient Buildings. Encourage new buildings and buildings undergoing major retrofits to exceed Title 24 energy efficiency standards. 6.11 Energy-efficient infrastructure. Whenever possible, use energy-efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure. Consistency A cornerstone of the surf community is conservation and sustainability. In addition to the solar panel design features included in the surf center, passive solar design such as the use of shade structures and building orientation will be used throughout the DSSP area. The DSSP intends to uphold those values by creating structures and spaces that implement green building techniques and design principles, such as using recycled building material where appropriate. The surf lagoon wave machine technology is designed to perform at the highest level and as efficiently as possible. In terms of performance, the system runs at an efficiency level of 92%, thus using the energy at the most efficient levels to generate waves within the lagoon. SAFETY Goal 3. Flood hazards. A community where flooding and inundation hazard are contained within areas reserved for open spaces. Policies 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on- site retention of runoff, and minimization of structures located in floodplains. DSRT SURF Specific Plan 57 3.2 Flood Infrastructure. Require new development to contribute to funding regional flood control infrastructure improvements. 3.3 Stormwater Management. Monitor, update, and enforce stormwater management plans in coordination with regional agencies, utilities, and other jurisdictions. 3.4 Open Space for Flood Control. Prioritize open space or uses that serve recreational purposes as a preferred land use within areas of high flood risk. Consistency The DSSP property is located in Zone X, which represents “areas outside of 0.2% annual chance flood.” (Map No. 06065C1615G) as defined by the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Development of the DSSP will not added structures in an area that is subject to flood risk. The retention basin planned for the DSSP will be in the form of a lagoon and passive open space. PUBLIC UTILITIES & SERVICES Goal 1. Stormwater. Stormwater management system that leads to clean water, basin recharge and increased water retention. Policies 1.1 Stormwater infrastructure for new development. Require development projects pay for their share of new stormwater infrastructure or improvements necessitated by that development (regional shallow ground water). 1.2 On-site stormwater retention and infiltration. Whenever possible, stormwater shall be infiltrated, evapotranspirated, reused or treated onsite in other ways that improve stormwater quality and reduce flows into the storm drain system. 1.3 Groundwater infiltration. Encourage the use of above-ground and natural stormwater facilities in new development and redevelopment, such as vegetated swales and permeable paving. 1.4 Stormwater re-use and recycling. Encourage innovative ways of capturing and reusing stormwater for non-drinking purposes to reduce the use of potable drinking water. DSRT SURF Specific Plan 58 1.5 Recycled water. Work with the CVWD to encourage existing golf courses to connect to its recycled water system. 1.6 Collaborative stormwater management. Encourage collaborative, integrated stormwater management between multiple property owners and sites. 1.7 Low impact development. Require the use of low-impact development strategies to minimize urban run-off, increase site infiltration, manage stormwater and recharge groundwater supplies. 1.8 Green infrastructure in public rights-of-way. Encourage green streets with in-street bio-retention and other forms of stormwater retention and infiltration in streets and public rights-of-way. 1.10 Stormwater in urban context. Development projects shall incorporate stormwater management into landscaping, except in downtown designations where catch basins shall be prohibited. 1.11 Water quality detention basins. Require water detention basins to be aesthetically pleasing and to serve recreational purposes, such as in the form of a mini park. Detention basins designed for active uses are intended to supplement park and open space and should not be counted towards a developer’s minimum park requirements, unless otherwise determined by the Planning Commission or City Council. 1.12 Retention Basins. Encourage storm water retention basins, especially in the City Center Area, to be underground in future development so as to achieve the most efficient use of land and compact development and promote the urban character goals of the General Plan. Consistency The DSSP will implement the standard requirements for the retention of storm flows and participates in the National Pollution Discharge Elimination System (NPDES) to protect surface waters from pollution, as well as maintain the City of Palm Desert’s Municipal Code 8.70.100 (On-Site Stormwater Retention), which requires all new developments to retain the 100-year storm flow on-site and/or off-site. Goal 2. Sewer. Sewer management and facility operations that allow for adequate disposal within the community. Policies 2.1 Sewer system maintenance. Work with the Coachella Valley Water District to ensure sewers are operational and in good working order. DSRT SURF Specific Plan 59 2.2 Sewer infrastructure for new development. Require development projects to pay for their share of new sewer infrastructure or improvements necessitated by that development. 2.3 Sewer connections. In the event that a sewer line exists in the right-of-way where a lateral line connection is required to serve a lot, require a sewer connection at the time the lot is developed. Consistency As mentioned above, the DSSP will incorporate the use of the existing sewer and water facilities and infrastructure near the site and new storm drains to fit extended to tie into existing facilities. The DSSP lines will connect to existing lines beneath Willow Ridge and Desert Willow Drive. All new sewer facilities will be constructed and maintained in accordance with applicable standards. Goal 3. Water Supply. Ensure a sustainable, clean, long-term water supply. Policies 3.1 Agency coordination. Coordinate on an ongoing basis with the Coachella Valley Water District, and other agencies responsible for supplying water to the region. 3.3 Water infrastructure. Maintain existing water infrastructure to protect the supply, quality, and delivery of potable water. 3.4 Water infrastructure for new development. Require development projects to pay for their share of new water infrastructure or improvements necessitated by that project. 3.5 Recycled Water. Expanded use of recycled water in existing and new development. 3.6 Citywide water conservation and efficiency. Encourage and promote community water conservation and efficiency efforts, including indoor and outdoor efforts that exceed CalGreen requirements. Consistency The DSSP will incorporated the State’s Water demands and conservation measures will include techniques such as the use of low volume irrigation systems and drought-tolerant landscaping. The lagoon and added water features that will built in the DSSP area will be designed to minimize the use of excessive amounts of water. As required by Water Code Section 10910(f) a Water Supply Assessment was prepared and approved for the DSSP area to assess the condition of the groundwater basin and a sufficiency analysis of the basin to supply the Project area. Coachella Valley Water District (CVWD) adopted the DSSP WSA in 2019 that determined CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years. DSRT SURF SPECIFIC PLAN City of Palm Desert Adopted May 2019 Amended September 2021 DSRT SURF Specific Plan ii Table of Contents I. INTRODUCTION .................................................................................................................... 1 A. Authority and Scope ....................................................................................................... 1 i. Enabling Legislation ................................................................................................ 2 B. Project Location .............................................................................................................. 2 C. Site Background .............................................................................................................. 2 D. Existing Conditions ........................................................................................................... 6 E. Project Description .......................................................................................................... 6 i. Land Uses ................................................................................................................. 6 ii. Operations ............................................................................................................... 8 F. CEQA Compliance ......................................................................................................... 9 II. DEVELOPMENT STANDARDS .............................................................................................. 10 G. Allowable Uses ............................................................................................................... 12 H. Parking Standards .......................................................................................................... 14 I. Circulation and Emergency Access ........................................................................... 15 III. DESIGN GUIDELINES ........................................................................................................... 17 A. Architecture ................................................................................................................... 17 i. Architectural Themes ........................................................................................... 18 ii. Building Heights and Mass ................................................................................... 22 iii. Building and Design Materials ............................................................................. 26 B. Pathways and Wayfinding ........................................................................................... 27 C. Landscaping .................................................................................................................. 27 i. Conceptual Landscape Plan Zones .................................................................. 28 ii. Landscape Palette ............................................................................................... 30 a) Plants ................................................................................................................. 30 iii. Irrigation ................................................................................................................. 34 iv. Public Space Furniture ......................................................................................... 34 v. Stone ...................................................................................................................... 34 vi. Landscape Lighting .............................................................................................. 37 D. Signage ........................................................................................................................... 37 i. Project Identity and Monument Signage .......................................................... 38 a) Location ............................................................................................................ 38 b) Materials ............................................................................................................ 38 c) Sizing .................................................................................................................. 38 ii. Project Wayfinding Signage ................................................................................ 38 a) Location ............................................................................................................ 38 b) Materials ............................................................................................................ 39 iii. Primary Building Signage ..................................................................................... 39 a) Location ............................................................................................................ 39 b) Materials ............................................................................................................ 40 c) Sizing .................................................................................................................. 40 iv. Retail Signage ....................................................................................................... 40 a) Location ............................................................................................................ 40 b) Materials ............................................................................................................ 40 DSRT SURF Specific Plan iii v. Signage Lighting ................................................................................................... 41 vi. Signage Approval Process .................................................................................. 41 E. Walls and Fences ........................................................................................................... 41 F. Lighting ........................................................................................................................... 43 IV. INFRASTRUCTURE ................................................................................................................ 45 A. Roadways ....................................................................................................................... 45 B. Drainage and Flood Control ........................................................................................ 45 C. Public Utilities .................................................................................................................. 46 i. Sewer ...................................................................................................................... 46 ii. Water ...................................................................................................................... 46 iii. Other Utilities .......................................................................................................... 46 V. ADMINISTRATION and IMPLEMENTATION ........................................................................ 50 A. Application Review Process ......................................................................................... 50 B. Specific Plan Amendments .......................................................................................... 50 C. Financing ........................................................................................................................ 50 VI. APPENDIX A: GENERAL PLAN CONSISTENCY .................................................................. 51 List of Tables Table 1 DSRT SURF Specific Plan Land Uses ............................................................................. 6 Table 2 DSRT SURF Development Standards ......................................................................... 10 Table 4 Allowable Uses ............................................................................................................ 13 Table 5 Parking And Loading Standards ............................................................................... 15 List of Exhibits Exhibit 1 Regional Location Map ............................................................................................. 3 Exhibit 2 Vicinity Map ................................................................................................................ 4 Exhibit 3 Project Location Map ................................................................................................ 5 Exhibit 4 Overall Site Plan .......................................................................................................... 7 Exhibit 5 Desert Mid-Century Modern Architecture ............................................................ 18 Exhibit 6 Hotel/Surf Center Architectural Inspiration (sheet 1 of 2) .................................... 23 Exhibit 7 Hotel/Surf Center Architectural Inspiration (sheet 2 of 2) .................................... 24 Exhibit 8 Villa Architectural Inspiration .................................................................................. 25 Exhibit 9 Landscape Palette - Trees ....................................................................................... 31 Exhibit 10 Landscape Palette - Shrubs .................................................................................... 33 Exhibit 11 Landscape Palette - Materials and Site Furnishings (Sheet 1 of 2) ..................... 35 Exhibit 12 Landscape Palette - Materials and Site Furnishings (Sheet 2 of 2) ..................... 36 Exhibit 13 Grading and Utility Plan (Sheet 1 of 3) ................................................................... 47 Exhibit 14 Grading and Utility Plan (Sheet 2 of 3) ................................................................... 48 Exhibit 15 Grading and Utility Plan (Sheet 3 of 3) ................................................................... 49 DSRT SURF Specific Plan 1 I.INTRODUCTION The DSRT SURF Specific Plan provides the vision for a recreational and resort development that is authentic to the surrounding desert environment while evoking natural surf environments from around the world. The landscape, architecture, and design will celebrate the blending of natural and man-made elements to create a unique destination surf experience on the beach and in the water. The resort atmosphere and added amenities such as restaurants, bars, and outdoor activities make DSRT SURF the perfect desert escape. "If you're having a bad day, catch a wave." Frosty Hesson A. Authority and Scope A Specific Plan is a document allowed under California law which provides cities and counties with a planning tool for master planning project sites. A Specific Plan, when approved, becomes the zoning ordinance for the project area it covers. The Specific Plan is intended to ensure quality development consistent with the goals, objectives, and policies of the Palm Desert General Plan. The Specific Plan guides the standard of development for the DSRT SURF plan area and is structured to provide a degree of flexibility for future land developers to address market driven changes if necessary. The DSRT SURF Specific Plan establishes and updates the DSRT SURF Specific Plan 2 design and development zoning policies applicable to development within the planning area described herein. This Specific Plan also establishes the regulations and standards which serve as the ordinance and development regulation for the planning area going forward. i. Enabling Legislation The authority to adopt and implement the DSRT SURF Specific Plan is granted to the City of Palm Desert by the provisions of California Government Code Section 65450 et seq. As with General Plans, the Planning Commission must hold a public hearing before it can recommend to City Council the adoption of a Specific Plan or an amendment thereto. The City of Palm Desert may adopt a Specific Plan and/or an amendment to the Specific Plan by either ordinance or resolution. (Palm Desert Zoning Code Chapter 25.78 Decisions by the City Council). B. Project Location The Project consists of three Assessor’s Parcels: 620-420-023, 620-400-024 and -620-400-008. The Project is located on the west side of Desert Willow Drive, north of Country Club Drive in the City of Palm Desert, Riverside County, California (See Exhibit 1: Regional Location Map and Exhibit 2: Vicinity Map). The irregularly shaped site is bounded by golf course on its west, south and east sides, the Westin Resort Villas on its southwest corner, and by the Desert Willow Clubhouse parking lot on the north. (See Exhibits 3: Project Location Map). C. Site Background The City of Palm Desert constructed the Desert Willow Golf Resort in 1997-1998. At the time, it consisted of two 18-hole golf courses and remainder parcels planned for a wide range of resort and residential development on a total of 515± acres. Development within the Project has been governed by the North Sphere Specific Plan, which established multiple planning areas within the Project area. Multiple planning areas have developed, including the hotels and restaurants located at the southwest corner of Frank Sinatra Drive and Cook Street; condominium units on the west side of the golf course and east of Portola Avenue; and resort residential projects in the southern half of the Project area. Four vacant development pads remain today, centered around Desert Willow Drive and generally located east and south of the existing clubhouse. The DSRT SURF planning area generally occurs within Planning Area 10 of the North Sphere Specific Plan. PACIFIC OCEAN 1 RNIA MEXICO Md[no Valby n Desert Hot Springs eevmt yrV mew T— Nnikn�PaM Palm Springs m Cathedral City Rancho Mirage Palm Desert. fndio lntlian Wells Coachella La Quinta 0 s'""" m vra nme ekMe RIVERSIDE COUNTY DSRT SURF Specific Plan 1.Ps21 Exhibit I - REGIONAL LOCATION MAP ' Raman Rd ?! ' • � �^��' D9n horieFDr � ' �• w �. �lJLS.:`a,-' _ - 41il R -4. 1.! Gerald:F,vrd�pr��.�'1�EI � iw��� +i, +�' x•,•. 'r� TJ dp- 40,_{ nmvwn Gounhy.. Cluki=Dr :'.o, s r r .AN- red �_� ... ..... .9 ;�.,• n. �,. red Waring Far y,� ...,� - t err rr'', - `f ... . - � � :_ - 7' - '`:�.•. cn"— av IF � L��°• 'F 'yt'C + i L:,��_. Tj i� •/ •�� Ra sir . DSRT SURF•' ' • PROJECT VICINITY MAP rm AND • 'i lam .�. SL ., f�`'; =.,5 , .' �y r ~ •. �•. r w �. ._ N! •y.nd, .ry. O� _MIND �'� ta. � ❑�L- N-' • �� � '���y �~ .I Vista-4a�..- rr- ,ry��.� MOM - 'WrtYkii,x _i'�' v-'�'.1 �s.j• _ Y sl fl ~ • i� dy��gSrr 'i Im rkLo 4 �F•l 61PSP r F. lu -- u IIi li � r�w,sa'. 3 _�3i.Lt 3[ �a �r� n'?saK.a: s�2. r--� -..[ . ]a•.+ Y - - � '� i' f1..['� ..[_J.:`. JY'iiliik M� - - g4,'1'f rde ;Lv �Y-�`_;� _ _ _ — '�k .•�.i .5�.•� ► Kkv DSRT SURF Specific Plan 6 D. Existing Conditions The DSRT SURF Specific Plan area consists of irregular shaped lots totaling 17.69 acres. The land is partially developed with the Desert Willow Golf Resort clubhouse parking lots in its northwest corner, on approximately 3 acres. The balance of the site (approximately 14.7 acres), is vacant, desert land, bounded by the existing golf course. The proposed Specific Plan area is designated as “Resort & Entertainment District” on the City’s General Plan Land Use Map, which allows for various types of lodging, retail, commercial services, recreational facilities, 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). According to the General Plan (2016), the purpose of this District is “to provide for a range of entertainment and resort destination uses that require large amounts of land and that draw visitors to the City such as theme parks, hotels, and sports facilities.” The City’s Zoning Map currently designates the Specific Plan area as “Planned Residential (PR).” Commercial recreation and hotel land uses are allowed in the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. With regard to hotels in the PR zone, the maximum density must be approved by the Planning Commission or Council (Zoning Code Chapter 25.10 Residential Districts). E. Project Description i. Land Uses The DSRT SURF Specific Plan establishes building and development standards for the entire 17.69-acre Project site. This Specific Plan proposes the development of a 5-acre surf lagoon, surf center facilities, up to 350 hotel rooms, and up to 88 residential villas (See Exhibit 4 Overall Site Plan). Parking has been distributed throughout the site and an off- site parking lot has been secured for special event overflow parking (See Exhibit 3 Project Location Map). Table 1 DSRT SURF Specific Plan Land Uses Land Use Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Max 35,000 SF Hotel(s) Max 350 rooms Villas 15 units per acre/88 villas max. Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 15,000 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area -"-WAN ')RT SURF Specific Plan Source; o6,0 Architects, 2021 4.27.21 Exhibit 4 - OVERALL SITE PLAN DSRT SURF Specific Plan 8 ii. Operations In addition to overall Project design, it is essential that the operational function of the hotel and surf center complement the residential areas to achieve Project cohesion. The site will provide a variety of recreational and commercial opportunities that tie into the surf resort theme envisioned for the Project. The following section lists potential amenities for the Project. Site Program and Recreational Amenities The following are representative of but not limited to recreational amenities proposed for the Project: • Surf Lagoon • Surf Academy • Lifeguard Stations • Pools and Spa/Jacuzzis • Cabanas and Palapas • Fire Pits • Exterior Movie Projection • Shade Hammocks • Open Lawn Space • Boardwalk/Pier • Kids Play Area • Pickle Ball • Pump Track • Restaurants/Bars/Cafes • Stage/Event Amphitheater • Sand Beach Areas/Beach Club • Yoga, Stretching, Workout Space • Adventure Course (Ropes/Climbing) • Bouldering Features • Bocce Courts • Beach Volleyball • Bike Racks (Rentals and Public Use) • Retail/Merchandise • Outdoor Showers • Flex Space • Tennis/Beach Tennis DSRT SURF Specific Plan 9 Surf Lagoon Hours of Operation Surf Lagoon (surfers in water): Summer Hours (May 15-September 30): 6am-12am Winter/Spring Hours (November 1-May 14): 6am-10pm on weekdays; 6am-12am on weekends, during Holidays1 and special events (special events may be on weekdays or weekends). Surf Center: 6am – 2am Music Events: Allowed 7 days a week. Outdoor music/event to end at 12am, indoor music/event to end at 2am. Ticketing/Admission To access the surf lagoon pools and recreational areas, all guests will be required to purchase a Beach Pass. To participate in surf lessons/surf sessions, guests will be required to purchase an additional Surf Pass. The hotel, surf center, shopping, and restaurants will be open to the public. Lagoon Capacity The surf lagoon will accommodate, on average, 70 surfers at any one time with the ability to accommodate 95 surfers for special events. Lagoon use will be sold in 1-hour increments with the average surf sessions lasting 1-4 hours. Special Events Special Events may also be held that could result in 3,500 ticketed spectators. Parking overflow during special events will be located off-site at location(s) to be approved by the City. A shuttle service will be provided during special events to transport visitors to and from offsite parking to the Surf Center. Lagoon Maintenance The surf lagoon will require daily cleaning and may require one annual full-drain for maintenance purposes. In the event of a maintenance emergency, the lagoon will be drained as necessary and heavy equipment may be required to repair damage and/or replace equipment. F.CEQA Compliance In compliance with the California Environmental Quality Act (CEQA), the City identified the preparation of this Specific Plan as a “Project” under CEQA and prepared an Initial Study. The Initial Study found that the Specific Plan had a potential to significantly impact the environment, and that an Environmental Impact Report (EIR) must be prepared. The City circulated to all responsible and trustee agencies a Notice of Preparation (NOP) of an EIR. All comments received in response to the NOP were considered and incorporated into the EIR. The EIR was circulated to all responsible and trustee agencies, and all other interested parties, for a period of 45 days. All comments received in response to the EIR were considered in the Response to Comments prepared for the Planning Commission and City Council. The City Council certified the EIR prior to adopting this Specific Plan, on X X, 2021. 1 Holidays/Holiday periods include the week of Christmas, week of New Years, Martin Luther King Day, Presidential holidays, Memorial Day, Labor Day, the week of Thanksgiving, and Spring Breaks (March 1- April 15). DSRT SURF Specific Plan 10 II.DEVELOPMENT STANDARDS This section of the Specific Plan serves as the Specific Plan Area’s Zoning Ordinance. Standards and guidelines which are applied to the Specific Plan Area are described in detail below. When Zoning Ordinance standards and guidelines apply, a reference is made to the appropriate Section of the Zoning Ordinance. The Project site will consist of a surf center, 5±-acre surf lagoon, hotel, surf rentals and lesson space, pool and spa amenities, outdoor activity space, restaurants, bars, and event space. The following table provides a comparison of existing development standards per the PR zoning district and proposed development standard modifications for the DSRT SURF Specific Plan. Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF Density Villa Density [PR: Density (du/ac), min – max] 4 – 40 15 du/ac max Hotel Density -- 350 rooms max Building Measurements PR: Height / Number of Stories, max 40’ / 3 50’/ 41 PC-4: Height / Number of Stories, max 55’/ 4 Villa size, max bedrooms per villa -- 4 bedrooms Hotel Room/Suite size, (min SF/ avg. SF per room) 330 SF / 375 SF 330 SF, 375 SF Coverage PR: Building Coverage, max % of Planning Area 50% 50% PC-4: Floor Area Ratio 0.10 Recreational/Lagoon Coverage, min % of Planning Area -- 40% (currently 50%) Surf Center Setbacks Setback from golf course -- 25’ PR: Front Yard, min -- -- DSRT SURF Specific Plan 11 Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF PR: Side Yard, min -- -- PR: Street Side Yard, min -- -- PR: Rear Yard, min -- -- PC-4: Front Yard, min 30’ -- PC-4: Side Yard, min 15’ -- PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ -- Hotel Setbacks Setback from golf course -- 25’ PC-4: Front Yard, min 30’ 20’ PC-4: Side Yard, min 15’ 15’ PC-4: Street Side Yard, min -- -- PC-4: Rear Yard, min 20’ 20’ Villa Setbacks Setback from golf course, min -- 5’ PR/PC-4: Front Yard, min -- 5’ PR: Side Yard combined both sides, min -- 5’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 5’ Stacked Flats Setbacks Setback from golf course, min -- 20’ PR/PC-4: Front Yard, min -- 5’ PR: Side Yard, min -- 0’ PR: Street Side Yard, min -- 5’ PR: Rear Yard, min -- 10’ Landscaping/Open Space/Recreation PR: Planning Area Coverage, pervious surface, min 25% (total Res lot area) NA PR: Front Yard Coverage, non-pervious surface, max 40% (front yard) NA DSRT SURF Specific Plan 12 Table 2 DSRT SURF DEVELOPMENT STANDARDS MEASUREMENT/STANDARD EXISTING DSRT SURF PC-4: Commercial Landscaping (other) coverage, min 20% 20% Landscaping, Specific Plan Perimeter, min -- 5’ Source: Palm Desert Municipal Code; Zoning. 1.Parapets, towers, and similar elements may exceed the 50’ building heigh by no more than 10’. Roof stairwells and elevators may exceed the 50’ building heigh by no more than 15’. PR = Planned Residential (planning area existing zoning/land use) PC-4 = Planned Commercial: Resort and Entertainment. Reference for comparable land use standards proposed under DSRT SURF. PR Development Standards, PDMC Ch. 25.10.050 and/or Residential Landscaping PDMC Ch. 25.52.030 PC-4 Development Standards PDMC Ch. 25.16.050. Special Use Provisions: Hotels Minimum room size PDMC Ch. 25.34.070 G.Allowable Uses The DSRT SURF Specific Plan area is designated as Resort and Entertainment District on the City’s General Plan Land Use Map, which allows for various types of lodging, retail, commercial services, recreational facilities, 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). The City’s Zoning Map currently designates the Specific Plan area as “Planned Residential (PR).” Commercial recreation and hotel land uses are allowed in the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. With regard to hotels in the PR zone, the maximum density shall be approved by the Planning Commission or Council (Zoning Code Chapter 25.10 Residential Districts). A comparison of existing and proposed allowable land uses are listed in Table 4, below. If a proposed use is not listed in the Table, the Community Development Director, upon written request and in conformance with the provisions of Section 25.72 of the Palm Desert Zoning Ordinance, review the proposed unlisted use and determine whether it is Permitted, requires a Conditional Use Permit or is prohibited. DSRT SURF Specific Plan 13 Table 3 ALLOWABLE USES Land Use Existing (PR) DSRT SURF Special Use Provision Residential Uses Assisted living C N Condominium C P Dwelling, duplex N P Dwelling, multifamily C P 25.10.040.A Dwelling, second P P 25.34.030 Dwelling, single-family P P Guest dwelling P P Home-based business P C Planned unit development, residential C P 25.10.040.C Retail, Service, and Office Uses Bed and breakfast N C Condominium hotel C P Hospital C N Hotel C P 25.10.040.J Resort hotel C P 25.10.040.J Timeshares* C P Ancillary commercial -- P Art gallery -- P Art studio -- P Business support services -- P Health club, gyms or studios -- P Liquor, beverage and food items shop -- P Personal services -- P Restaurant -- P Retail -- P Spa -- P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors -- P Amusement facility, outdoors -- P Club, private C P Nightclub -- P Open space (developed or natural) -- P Public park P P Recreational use, commercial C P 25.10.040.G Recreation facility, commercial N P Recreation facility, incidental C P 25.10.040.H Recreation facility, private P P Recreation facility, public C P Theater/auditorium -- C P=Permitted; C=Conditional Use Permit; N=Not Permitted; -- = Use not listed under existing (PR) land use designation. * = The City requires buildout and operation of a hotel prior to buildout timeshares. DSRT SURF Specific Plan 14 H.Parking Standards Primary parking for the hotel and surf center guests will be provided in the hotel’s parking garage, located on the first and second floors of the hotel, and in surface parking adjacent to these buildings. Employee parking will be located at the south end of the site by the maintenance and service areas. Through mutual agreement with the City of Palm Desert, 130 parking spaces will be shared with the Desert Willow golf clubhouse. In the event the parking garage reaches full capacity, the hotel shall have a parking plan in place that may include a combination of an on-site valet and off-site shuttle service to and from the overflow parking lot. Off-street parking for the villas shall be provided immediately adjacent to the proposed buildings or in an adjoining structure, such as a garage or carport. Additional street parking is located throughout the planning area and is not restricted to any particular use. Parking and loading spaces, including off-site parking for special events, shall be designed in conformance with Section 25.46.030.D of the Palm Desert Zoning Ordinance, with the following exceptions: •Tandem parking is permitted for villa areas, however, no more than two tandem spaces are allowed with one access to a drive aisle. •Tandem parking is permitted in parking structures; however, a valet service must be required at all times the use is open for business, and the valet parking area is accessible only by the valet service. The following table provides parking standards for the entire Specific Plan area. DSRT SURF Specific Plan 15 Table 4 PARKING AND LOADING STANDARDS Measurement/Standard Existing DSRT SURF Commercial/Recreational Parking Restaurants/Bars/Lounges 8 per 1,000 SF 8 per 1,000 SF Surf Lagoon -- 130 Shared Golf + 1.5 per surfer (70 max. surfers) Off-site/Special Events -- 500 stalls Villa Parking Studio and one bedroom 2 stalls per unit 2 per unit Two or more bedrooms 2.5 stalls per unit Hotel Parking Hotels 1 stall per guest unit 1 stall per guest unit Resort Hotels 1.1 stalls per guest unit Stall Dimensions Off-Street Parking Stalls, min. 9’ wide by 18’6” long 9’ wide by 18’ long Off-Street Loading Loading Berth, min L x W 45’ x 12’ 45’ x 12’ Setback to residential, min 50’ 10’ Source: Palm Desert Municipal Code; Zoning, PDMC CH. 25.46.040 Parking Requirements. I.Circulation and Emergency Access Vehicular connectivity within the project will be from a perimeter Promenade with two public access points on Desert Willow Drive. The driveway furthest north will be the primary entrance for the hotel and surf center. The Promenade also provides emergency access to the entire site, with a third gated emergency access point located at the western corner of the site that connects to Willow Ridge Road. Internal circulation will primarily be designed for pedestrians with the exception of emergency lifeguard vehicles, which will have access to the Lagoon area and boardwalk for emergencies and maintenance vehicles for transporting equipment and daily upkeep of the lagoon and surrounding area. Guests and residents are encouraged to leave their vehicles parked and instead use pedestrian walkways, bicycles or golf carts to move around the site. DSRT SURF Specific Plan 16 Circulation plans for the Project shall adhere to the design guidelines set forth in this Specific Plan. Street improvements, including curbs, gutters, paving and sidewalks, shall adhere to requirements and development standards set forth in Zoning Code Chapter 25.10.B.13, which states: “Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the City, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.” DSRT SURF Specific Plan 17 III. DESIGN GUIDELINES A. Architecture All buildings constructed onsite shall maintain a consistent character carried out by quality materials and design that are evocative of the surf resort theme proposed within this Specific Plan. Architecture must embrace and incorporate authentic materials, curated in a way that is not overly designed - such as a natural weathered look found in genuine surf environments. It is encouraged that building design features be multi-functional, including shade structures that change with the season and creative seating designs that are integrated into the landscape and building features. Building design shall be unique to the site in that the configuration shall take advantage of and preserve the surrounding vistas while integrating into the existing character of the surrounding Desert Willow property. Various architectural characteristics include: • Blending artificial and natural elements for functional purposes (shade, seating, etc.) to integrate into the environment; • Embrace and integrate the beach into the desert, think dunes to surf; • Encourage intuitive and organic wayfinding designs; DSRT SURF Specific Plan 18 • Consider irregular roof lines that encourage unique designs with added functionality for shade and place-making; • Incorporate dynamic and seasonal shading strategies for exterior occupied space; • Encourage the use of eco-friendly materials that have been recycled and upcycled reminiscent of the natural and relaxed feeling of the property. i. Architectural Themes DSRT SURF reflects the natural environment and the Desert Modern theme, which blends contemporary and Mid-Century styles. Buildings must have clean lines, play off horizontal and vertical planes, and incorporate natural materials. Desert Mid-Century Modern Desert Mid-Century Modern is an architectural style characterized by clean simplicity with the intention of blurring the lines between indoor space and outdoor living. This blending with nature is achieved by emphasizing the use of windows and open floor plans when designing indoor spaces. What makes “Desert Mid-Century Modern” unique is the opportunity to design buildings tailored to the warm California climate by incorporating passive cooling techniques, such as the use of open breezeways, ample glazing, angular construction, light facades, and outdoor living space. Simple post-and-beam steel-framed buildings are often used due to the material’s resilience in the harsh desert climate, which also promotes a sleek modern design. DSRT SURF Specific Plan 20 While in accordance with the prevailing architectural theme, arrival points and building entrances must receive special treatments consistent with the materials discussed in this document. Generous use of desert landscaping, natural materials, and interesting monument signage assist in the creation of a distinctive sense of place that will be carried out throughout the Project. Architectural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human scale openings shall be included to reduce the impact of building mass and create visual interest. The means of enclosure to courtyards and balconies shall be visually permeable where appropriate and the stepping back of upper floors should also be utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain vistas. It is also common to see rooflines echoing the surrounding mountains with “butterfly roofs,” or “V roofs,” which are characterized by an inversion of a standard form roof, with two roof structures sloping down from opposing edges towards a middle point of the roof. Preserving and Enhancing Viewsheds The Specific Plan area enjoys views of the surrounding San Bernardino and San Jacinto mountain ranges. As building heights within the Specific Plan generally exceed those previously existing in the surrounding area, it is essential that architectural elements and building components be varied to reduce the overall perception of mass, resulting in graduated frontages that allow generous view corridors. A particularly distinctive viewshed will be created by the opening of the arrival plaza between the surf center and the hotel. Views from the arrival plaza looking southeast between the two buildings shall be unobstructed to the greatest extent possible to preserve the viewshed of the surf lagoon against the dramatic mountain backdrop. Creating Gathering Space One of the overarching goals of this Specific Plan is the thoughtful creation of public gathering space to encourage friendly interactions between guests. This playful co- mingling is achieved by both passive and intentional design. Landscaping will be utilized as a functional seating design element throughout the site by encouraging the use of low-rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout the property. Open lawn and sandy beach areas will be strategically placed throughout the property in proximity to the lagoon and pools to encourage guests to create their own hangout space, which is reminiscent of an authentic beach experience. Other Project components that provide intentional DSRT SURF Specific Plan 21 hangout space include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering points and freeform hangout space promotes a destination resort atmosphere envisioned for the Project. Sustainable Building and Energy Efficiency Conservation and sustainability are common values amongst the surf community and encouraged throughout the DSRT SURF Project. Green building techniques and design principles should be implemented throughout DSRT SURF. DSRT SURF structures shall utilize passive design principles that are unique to the site and thus minimize the consumption of energy and maximize user comfort as much as is practicable. Roof overhangs, supplemental shading, strategic glazing ratios, building orientation and daylighting shall be considered in concert. Materials shall be chosen for resiliency as much as for aesthetics. Interior spaces shall be designed to be an extension of the outside and not require conditioning where (and when) practicable. Passive solar design has been implemented in Palm Desert and the Coachella Valley for a number of years, through the use of shade structures and building orientation. Passive solar design should be part of building design to the greatest extent possible through deep recesses for balconies which shield building interiors; window placement on exposed wall faces; and use of structures and trees to shade public or private open spaces, and limit heat sink effects. As technology continues to expand and improve, solar energy can be harnessed to lower the energy demand of the Project. Active solar panel design should also be considered throughout the Project. The surf lagoon wave machine technology is designed to perform at the highest level and as efficiently as possible. In terms of performance, the system runs at an efficiency level of 92%, thus using the energy at the most efficient levels to generate waves within the lagoon. The versatility of the technology permits the number of waves to be adapted DSRT SURF Specific Plan 22 to the number of surfers at any given time. In this way, the fixed consumption of the installation is reduced to a minimum, and electricity consumption has a direct correlation to wave generation without unnecessary energy waste. DSRT SURF also promotes the use of products and materials that have a positive economic, social and environmental impact and focuses on minimizing the energy involved in extracting, processing, transporting, maintaining and disposing of materials associated with construction of the machinery. The landscaping palette for DSRT SURF is designed to minimize the use of water for irrigation through the installation of highly efficient irrigation systems, plant-specific emitters, and using drought tolerant desert landscaping. Recycling of materials within DSRT SURF should be made as simple and accessible as possible. Although centralized solid waste disposal is likely throughout the Project, each building should be designed to make the recycling of materials easy and convenient. If trash chutes or centralized sorting areas are designed in buildings, they must include a recycling component. Finally, open spaces within the Project will include furnishings and finishes which should to the greatest extent possible be made of sustainable and/or recycled materials. A broad range of products are now available, with more being introduced every year, which reuse materials in their construction. ii. Building Heights and Mass The Specific Plan allows for development where careful attention to appropriate building height, scale and massing will be essential to creating space and enhancing the surf resort experience. The majority of the planning area will be pedestrian oriented, and all buildings should be sensitively designed to the human scale with active, pedestrian friendly frontages and pathways. The DSRT SURF Specific Plan allows for a maximum building height of 50 feet without articulation. Elements such as awnings, balconies, roof overhangs, or trellises that protrude from the building elevations are encouraged to provide a unique design and additional shade. The following exhibits provide architectural inspiration for the hotel and villas, and should be considered during the precise planning process. 41F f .t�� 1� ■�i I .Z�•- ' Y r• '!. �� �,N•wrV�'"'���.Yiii 'of — _ :. -..fir.— � �Y�'• — D S R T ■ low DSRT SURF Specific Plan 26 iii. Building and Design Materials The DSRT SURF architectural style is defined by an authentic and organic palette of complementary materials and finishes. While consistent with the broader theme, it is essential that materials, colors and finishes are appropriate to the architectural style of individual buildings. Intense sunshine is a prevailing feature of the desert environment and textured surface finishes on which interesting shadow effects can be achieved will contribute much to distinctive local character. The following materials are encouraged in building design: • Weathered tropical hardwoods such as ipe for pathways and walls; • Ocotillo branch screens and trellises to provide shade with natural materials and interesting textures; • Stacked stone for walls, fencing, and seating; • Sand finished concrete for pathways to create a beachy texture; • Wood siding commonly used for coastal buildings; • Painted steel, rusting steel, and metal roofs will naturally weather creating an authentic look. DSRT SURF Specific Plan 27 B. Pathways and Wayfinding The streetscape and wayfinding concepts are intended to unify the surf center, lagoon, hotel and residential uses in a cohesive manner. The goal of the internal pathway theme is to encourage organic wayfinding designs with natural materials juxtaposed with artificial materials (such as boardwalks, sand, grass, and concrete) to suggest organic circulation. Haphazard path directions promote the feel of natural wayfinding consistent with natural beach environments. Examples of creative wayfinding include: • A mix of pathway materials, such as concrete, boardwalks, sand, and grass; • Playful pathway directions that avoid 90-degree angles; • Interesting wayfinding signage using natural and/or weathered materials; C. Landscaping The landscape design character at DSRT SURF will project the relaxed surfing beach character of Baja California, where the desert meets the ocean. At DSRT SURF, the use of rustic stone, wooden boardwalks, and casual arrangements of desert compatible plants creates a setting for guests to unwind and engage with the dynamic surfing lagoon. Another goal of the landscape is to complement the character of the landscape at Desert Willow, with an emphasis on desert compatible plant species. The plant species selected at the perimeter of the Project will be species that are currently being grown in the adjacent landscape areas at Desert Willow. The goal is to have DSRT SURF fold seamlessly into the overall landscape character of Desert Willow. The perimeter landscaping will subtly provide screening between DSRT SURF and the golf course, while maintaining views outward to the San Jacinto Mountains. The perimeter landscaping will also use wind tolerant plantings to buffer the Project from the northwesterly winds and mitigate the potential for wind-blown sand. The landscape at DSRT SURF has been designed to celebrate the bold forms, textures, and blooms of succulents and cacti that are adapted to the climate of the Coachella Valley. Varied plant species have been selected and placed to create organic compositions that display the unique colors, textures and forms of novel and memorable plant species. DSRT SURF Specific Plan 28 i. Conceptual Landscape Plan Zones The landscape for DSRT SURF has been broken down into four conceptual landscape plan zones. ZONE 1: PERIMETER LANDSCAPE The perimeter landscape will be comprised of evergreen trees and shrubs that are either native or native adaptive. Plants that are currently growing in adjacent landscaped areas at Desert Willow will be incorporated into the plant palette. Plants will have dense evergreen foliage to create a vegetative windbreak or to screen selective views into and outward from the site. Evergreen groundcover plants and angular crushed gravel will be placed to assist in bank stabilization and to reduce wind-blown sand. ZONE 2: PROJECT ENTRY The landscape at the Project entry at Desert Willow Drive will have Fan Palms that provide vertical punctuation to create a sense of arrival and assist with wayfinding. A landscaped median will include additional Fan Palms that will be held back from the intersection so that views of on-coming traffic are not blocked. Project signage will be incorporated into the entry landscape along with LED low voltage up-lights on the palm trees and entry sign. ZONE 3: LAGOON BEACH The zone between the lagoon, hotel and villas is referred to as the ‘Lagoon Beach’. Meandering pathways make their way around the pool and gathering spaces to concrete stairs and an accessible ramp to access the beach level. The concrete paving will have a sand finish to provide the needed slip resistance and ‘sand beach’ character. To strengthen the beach character of the landscape, tropical hardwood decking is inlaid flush into the pavement to suggest beach boardwalks. Cabanas, day beds and chaise lounges line the sand beaches invoking the destination resort feel. Crushed gravel will cover the planting areas to reduce potential blown sand. DSRT SURF Specific Plan 29 Located at the Lagoon Beach zone are pools and spas with lounging areas and day beds creating a relaxing, laid back environment. Palms and accent trees are organically interspersed throughout the beach zone to add to the Baja California landscape concept. Most of the trees at the Lagoon Beach will be small textured, evergreen trees located to provide the maximum afternoon shade. The trees will be desert compatible, with minimal litter or pollen production. A variety of tree sizes will be planted to offer varied tree heights and tree ages. Desert shrubs and succulents will have bold textures, colorful blooms, and a variety of foliage colors; variegated, blue-green, or olive-green colors. Shrubs with spines or thorns will be set back from the edge of walkways. ZONE 4: VILLAS, STACKED FLATS, AND CLUBHOUSE The landscape character at the villa and stacked flats sites will have a more intimate, residential scale as compared with the other landscape zones. Large canopy, small textured evergreen trees are located to shade the parking stalls and the pedestrian walkways from the afternoon sun. Shrubs and accent plants will display a variety of colorful foliage and flowers. Pedestrian paving will be a sand finished concrete that will complement the native stone and gravel and provide slip resistance. Residents will have access to a private clubhouse and swimming pool and spa overlooking the lagoon. From the pool deck are stair and ramp pathways leading to the lagoon boardwalk. Common areas include a large lawn space for gatherings and events, recreational areas, cabanas and lounge space. Palm trees are limited to the pool/spa patios and clubhouse common areas. Landscaped areas adjacent to villas may be landscaped with turf block, decomposed granite, or similar material to be used for additional parking, seating areas, and other gathering spaces. DSRT SURF Specific Plan 30 ii. Landscape Palette a) Plants Plant material has been selected using WUCOLS water use calculations with preference given to low water use plants. Plant material native to tropical regions on the planet have been excluded due to their irrigation requirements and the ‘tropical’ character of their foliage. Given the surfing, swimming focus of this Project, plants and trees that produce excessive leaf, flower, seed and pollen litter that could end up in a water filtration system are to be avoided. Trees Entry Plaza tree species were selected for their upright, vertical form that will assist visitors with wayfinding. The trees will be placed to frame views of the mountains and of the lagoon. Parking Area trees will be evergreen and tolerant of seasonal winds and provide shade to parking stalls and pedestrian walkways. The placement of trees will avoid casting shade onto the photo voltaic panels on the parking lot canopies. Promenade trees will have an informal alignment and spacing. Their locations will be selected to buffer views both into and out from the site. The varieties will be evergreen and wind tolerant. Lagoon Beach tree species will include both evergreen shade trees and clusters of Palms. The shade trees will have small textured evergreen foliage and will produce minimal litter. They are placed in informal groves with varied tree heights at time of planting. Perimeter Landscape tree species have been chosen to complement or mimic the golf course landscaping. They will be evergreen, tolerant of seasonal winds and provide judicious screening as required. They will be placed in informal, natural appearing groves comprised of a variety of heights. Exhibit 9 provides a visual list of tree species representative of the palette envisioned for the Project. $g q. '.;r, . •4<. �. Ord '� , 7 ' •Y. �k R �� f. v,. ter"" ^ AF "' ira:�: � . - ..r ' �.-; : � -:fie.' •". �'}�. ,t ';j-_ ,�... �_�, . � _ � � } �.� : i�`' ". . �' - i[��� :^F •r •.. � .;� L ...l.�'" �rdlr. �" �r •y.. A.i•Y� k� - 4 � �T .mow h I ■ f 1 � i. �.. DSRT SURF Specific Plan 32 Shrubs The shrub species have been selected for their ability to tolerate wind and afternoon heat. Shrubs that are sensitive to afternoon heat have been placed in shaded north or east facing exposures. Wind tolerant shrubs have been used to create vegetative windbreaks along the perimeter of the Project. In areas of greater visibility, plants have been selected for their variety of foliage colors and forms. At the lagoon beach, shrubs have been chosen for their cleanliness and compatibility with hardscape surfaces. Exhibit 10 provides a visual list of shrub species representative of the palette envisioned for the Project. Accent Plants Accent plants will comprise heat and drought tolerant succulents and cacti. Accent plants will be primarily located in high traffic areas of the Project. Preference has been given to plants with bold sculptural form, large texture and dramatic blooms. Spineless varieties of cacti have been incorporated into the palette. Any accent plant with sharp spines or thorns will be kept away from walking paths. SHRUB IMAGES _ VIA CIL r. yy a ;ti R ACACIA REDOLENS'DESERT CARR ET AGAVE DESERTI AGAVE GEM IN I FLORA AGAVE PARRY1 ALOE SAROADENSIS LALO�E VARiEGATA ROSMA RIN VS OFFIC INALIS IMSCAN BLUE' PROSTRATEACACfA DESERTAG4VE TWTN FLOWERAGAVE DESPRTAGAV£ ALOE VERA PARTRTOGE BREASTALCf ROSEMARY v I L ^� r _ 'fir:...► 'Y .;- ��'� � _ �r L�� alb • f. ti4 �. SACCHAR IS %'STARK THOMPSON' BOUGAIN V ILLEA SPP. CAESALP IN IA PULCHERRIMA CEREUS H ILDMANN IANUS CHRYSACTINIA MEXICANA CI STUS P URPU REDS YUCCA GLORIOSA PROSTRATE COV_QTE BUSH 90VGA11J Vf t tEA RED SiRO OF PARADJSE HEW;E CACTUS D440NMA ORCHID fK;PCK ROSE SPANf5H DAGGER f . • Wit':: 1 � � .,r.. . a.•f COCCU LUS LAURLFOLI VS DALEA FRUTESC ENS'SI ERRA N EGRX DASYLI RION LO NGI551 MA DASYLI RION W HEELERI DISTICnS X'RIVERS' DODO NAEA VISCOSA SAWTA GREGGI LAUREL LEAF SNAOL SEEP SLACK)ALEA MF_XICAN GPAS5 IWIF DESERTSPOON ROYAL TRVMPFTVfNE FfOP @VSH RED SALVIA FOUQUI ERLASMNDENS HEW ERALOE PA W(RORA H ESPERALGE PARV IFLORA'YELLOW' LANTANA CAMARA'N EW GOLD" LEUCOPHY L W M CAN D IDUM LEUCC?KYLLUM FRUTE SC ENS YUCCA W HI PPLE 1 0007ILLO RED YUCCA YELLOWYUCCA NEW GOLD LANTANA VIOLETSILVERLEAF TEXAS RANGER OURLORD'S CANDLE LEUCOP HYLLUM LANGMAN IAE'LYNN'S LEGACY' MUCOPNY" H MOP HYLWM'CIMARRON' LIMOPEW- LONICERAJAPONLCA'NALLIANA• OENOTHERA BERLAN DIERF PACHYCEREU 5 M A RGI NATIS YUCCA ELATA LYNN'S LEGACY TEXAS RAIJGER BLUE RANGER TURFLILY HALL 5 HONEYSUCKLE CHIHUAHMANPRWROSE MEXICAN FENCE P4:)5T SOAP -TREE YUCCA a STIPATENUISSIMA TRACHELOSPERMUMJASMINOIDES VERBENA MEVCAN FEATHER ORAS5 STARJAEMINE VERBENA �'&NSource: Ad Architects. 2W1 2.1.21Ap Architects, 2W1 2.1.21 t DSRT SURF Specific Plan Exhibit 10 -LANDSCAPE PALETTE: SHRUBS DSRT SURF Specific Plan 34 iii. Irrigation The irrigation system will be computer controlled and extremely water efficient. The irrigation controller will communicate with a weather station so that the frequency and duration of the irrigation will be adjusted to hourly changes in the weather. The irrigation layout will be zoned to isolate landscapes with similar sun exposures and plant communities. All shrub beds will be irrigated by drip irrigation emitters and trees will be irrigated on zones separate from the shrubs. The water use calculations for this system will be prepared and submitted per CVWD irrigation design requirements. iv. Public Space Furniture The furniture selected for DSRT SURF will be durable and user friendly. Benches will include benches with and without backs. The furniture seating surfaces will be either tropical hardwood or aluminum chosen for its high durability and low heat retention. Movable chairs and tables, incorporated into areas adjacent to food and beverage service, will allow guests to customize the furniture arrangements. Casual seating is encouraged on eighteen-inch-high seat walls and stone boulders located throughout the Lagoon Beach. Customized canvas shade sails are located adjacent to architecture or screen walls to create areas of shade at high volume use areas. Trash receptacles will be durable stainless steel and easy to service. Bicycle racks will be located at prominent access points and will be made of tubular stainless steel. v. Stone Native stone boulders will be placed strategically within the planting beds to provide a native landscape character and to assist in soil retention. Some boulders are located to provide casual seating for guests. The boulders will be sized between two and six feet across. The landscape beds will be covered in either round river cobble or angular crushed rock. This will provide additional texture to the landscape and assist in limiting blowing sand. Native stone will also be used in retaining walls and 18-inch-high seat walls. The stone will be either dry set, mortar set, or used in a gabion wall retention system. Exhibits 11 and 12 provide a visual list of furniture, stone, fencing, and shade structures representative of the palette envisioned for the Project. HARDSCAPE - PEDESTRIAN PAVING A s'c�r2n�co�nrt[nmrvcreRE swAicrvEs �N'fEGPAL COLD R EDCn NCRE fE frviMODULARflAV ER, HARDSCAPE - VEHICULAR PAVING .QDL nRRAVER5 WALLS AND FENCES GLASS Y-EW FENCE GLOUVIFY "ma HARDSCAPE - WOOD DECK WO DECKINOATS RFLAOOON M UAL FENCE :RL'ry CaTCu liOML. omppppp COLOREDCONCRM WRH PARERN AT POOL DECK HARDSCAPE - DECOMPOSED GRANITE AND LANDSCAPE ROCK DECOMROSEDOAANITE k LANDS PEBCUiDCR5 RETAINING AND LANDSCAPE WALLS wr GAVONWALL SUM 91ELLL Source: AD Archliecfs, 2021 1-28.21 DSRT SURF Specific Plan Exhibit I I - LANDSCAPE PALETTE: MATERIALS AND SITE FURNISHINGS (Skeet I oft) SHADESTRUCTURES SITE FURNISHINGS TRASH RECEPTACLE UI Ilvi OREBML 14;-K%"N . .. e FA TRASH RECEPTACLE OPTION 2 BENCH IIIrAlaT_[N�aldFWW BIKE RACK- OPTION 2 Source: AO Architects, 2021 1-29.21 DSRT SURF Specific Plan Exhibit 12 - LANDSCAPE PALETTE: MATERIALS AND SITE FURNISHINGS (Sheet 2 of 2) DSRT SURF Specific Plan 37 vi. Landscape Lighting Landscape lighting will include tree and shrub up lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED fixtures. The selective use of up lights will limit their numbers to only high-profile specimen tree and shrubs. The lights will be angled to reduce glare and hot spots. The goal is to showcase the lighted element and not the light source. D. Signage To ensure a cohesive overall Project design, the entire planning area will be subjected to these same signage program standards and guidelines. Materials will be consistent with the overall Project material palette and in keeping with the desert modern theme established in this Specific Plan. The overall intent of this section is to describe signage that appears consistent with the materiality of the Project and will weather over time. All signage will be located in a manner that provides optimal efficacy of the overall signage program balancing the need for identification and wayfinding while maintaining a discreetly curated sense of place. Care shall be exercised to minimize the overuse of signage and thus reduce visual clutter around the Project. All Project signage will comply with the local building code and the Americans with Disabilities Act (ADA) and will be approved by the City. Signage will comply with the City’s Zoning Code, Chapter 25.56 and building code pertaining to clearances and sizes, except where provided below. Typography shall be coordinated across the entire Project. Creative design in signage is encouraged. Variations to the standards and materials provided below can be permitted with approval of the Community Development Director. Corporate logos and typestyles are permitted within the parameters set forth below. DSRT SURF Specific Plan 38 i. Project Identity and Monument Signage a) Location Project Identity Monument Signage will be located at the primary entrance at Desert Willow Drive in the separated median, or immediately adjacent to the separated median. Signage at the secondary drive onto Desert Willow Drive shall be treated as Project Wayfinding Signage thus ensuring the majority of vehicular traffic enters the Project off the primary entrance at Desert Willow Drive’s roundabout. b) Materials Monument signs shall be constructed in stone or weathering steel or a combination thereof. Narrative content shall be cast or carved into the primary material or shall be additive in the form of individual cast letters on stand-offs or shall be subtracted (e.g. laser cut) from a weathering steel plate placed over the primary material. Stone walls with signage shall be reserved for Project identity signage or principal Project component signage (e.g. The Surf Center, Hotel identity, Villa identity) and shall be grand in scale. c) Sizing Primary narrative content, either positive or negative shall be a minimum of 9” and a maximum of 24” and secondary narrative content shall be no larger than 60% of the height of the primary content. The overall size of the Project monument signage shall be no taller than 7’ measured from adjacent grade and shall be no wider than a maximum proportion of 2.5 times the height. ii. Project Wayfinding Signage Project wayfinding signage is an opportunity to reinforce the overall cohesion of the Project across all phases and programs. a) Location Wayfinding signage shall be located at all major transitions between Project programs (e.g. Surf Lagoon, Hotel, Surf Center, Villas) and minor Project programs (e.g. Restrooms, changing areas, pools, etc.) Wayfinding signage shall be pole or building mounted and DSRT SURF Specific Plan 39 narrative content shall be placed within 3’ and 5’ elevation above adjacent grade so that the content is easily read by standing pedestrians. Wayfinding signage shall be placed adjacent to traffic areas in landscaped areas such that it is readily visible. However, care shall be taken to avoid obstructing primary view corridors of the Lagoon or other Project amenities. b) Materials Project wayfinding signage will evoke the beach style created by the architecture, and provide information at different scales. Primary wayfinding information (e.g. directions or simplified descriptors for program) can be reduced to simple graphics or letters that are cut into the plate/post. Secondary wayfinding information may be printed on a contrasting element mounted to the primary surface or may be etched into the surface. iii. Primary Building Signage a) Location Primary building signage shall be located at, or proximate to, the primary public entrance to the building in question. DSRT SURF Specific Plan 40 b) Materials Primary building signage shall be of the same or similar materials as the Project identity signage. c) Sizing Primary narrative content, either positive or negative shall be a minimum of 9” and a maximum of 24” and secondary narrative content shall be no larger than 60% of the height of the primary content. Primary building signage may be graphically incorporated into the building skin provided the building skin is a natural material (e.g. rammed earth, natural wood siding, stone, etc.). Graphically incorporated signage shall not be limited in size. Narrative content that is subtracted from other materials in the “field” from which it is subtracted shall be no taller than 3’ and no wider than a maximum proportion of 2.5 times the height. The overall size of the Primary Building Signage shall not be limited. iv. Retail Signage a) Location Retail Signage shall be mounted directly to buildings in the form of letters on standoffs or directly applied rather than integrated into a complete sign. This allows the building façade material to read behind the sign. Blade signs may be considered. Plate or sheet material may be considered if the narrative content is subtracted from the sign and the building façade material is the relief. b) Materials Retail signage shall be of natural materials consistent with this section or painted black, grey or white. DSRT SURF Specific Plan 41 v. Signage Lighting Cast surfaces or additive content shall be face illuminated from concealed sources. Laser or otherwise cut narrative content shall be illuminated from behind the material from which the content was subtracted. Wayfinding signage shall be illuminated internally, or by concealed illumination, or by general building illumination if available. vi. Signage Approval Process Signage program(s) shall be approved by the Architectural Commission. Signage program(s) can be submitted with Precise Plan applications, or subsequent to Precise Plan applications. E. Walls and Fences DSRT SURF is being developed as a unified, single Project. Perimeter walls between the surf lagoon, hotel and villas are prohibited. Screen walls are to be limited to only those required for privacy or to block views into service areas, loading docks and similar back of house facilities. Surf Lagoon Fencing surround the lagoon will be installed if necessary, to satisfy the current pool fence code requirements. Gates that satisfy the current pool fence code requirements will be located at each entry point to the surf lagoon/beach area. There will be a minimum 4- inch on-center spacing for the rails or cables for security purposes. There are locations where a building, structure, or wall will provide the required security in lieu of the fence. The fence will occur between any gaps between these structures. A minimum 4-foot clear zone between the top or bottom riser of a staircase and the fence gates is required to address ADA accessibility code. Walls shall be permitted at the ground level only to screen loading dock facilities, pool and lagoon maintenance equipment, and trash enclosures. Walls shall not be allowed to exceed 6 feet in height, as measured from finished grade. Walls shall be constructed of split faced block, precision block, wood, stucco or stone. DSRT SURF Specific Plan 42 Wrought iron fencing, decorative block/rock walls or tubular steel fencing no higher than 3-feet in height shall be permitted to enclose outdoor use areas, such as restaurant terraces and lounge areas. Within the parking garage and service areas, chain link fencing shall be permitted to enclose equipment or storage areas only. The chain link fencing shall not exceed 6-feet in height. Hotel and Villas Adjacent to hotel, walls shall be permitted at the ground level only to screen loading dock facilities. Walls shall not be allowed to exceed 6 feet in height, as measured from finished grade. Walls shall be constructed of split faced block, precision block, stucco or stone. No other material shall be permitted. Wrought iron fencing, decorative block/rock walls or tubular steel fencing no higher than 3 feet in height shall be permitted to enclose outdoor use areas, such as restaurant terraces and lounge areas. Fences and gates that satisfy the current pool fence code requirements will be located at each entry point to the surf lagoon/beach area. There will be a minimum 4-inch on-center spacing for the stainless-steel cables for security purposes. No chain link fencing shall be permitted at or above ground level in any part of the hotel development. DSRT SURF Specific Plan 43 Within the parking garage and service areas, chain link fencing shall be permitted to enclose equipment or storage areas only. The chain link fencing shall not exceed 6-feet in height. Adjacent to residential/villa development, walls and fences shall be permitted at the ground level to screen entryways and courtyards. Walls and fences adjacent to a street may not exceed 6-feet in height, as measured from finished grade. Walls and fences on the interior of a building, adjacent to common area open space may not have a visual obstruction that exceed 3 feet in height as measured from finished grade. Glass may be permitted above the 3-foot height threshold, but combined height shall not exceed 6 and a half feet. Walls and fences may be constructed of wrought iron, tubular steel, glass, split face block, precision block, stone, stucco, wood, or decorative metal siding (non- reflective). No chain link fencing shall be permitted at or above ground level. F. Lighting Lighting will be used for landscaping, pathways and stairways, monuments and signs, and security. With the exception of the surf lagoon, all developments within the Specific Plan area are subject to the outdoor lighting requirements set forth in Chapter 24.16 of the Palm Desert Municipal Code. Requirements include architectural outdoor lighting, public street lighting, light trespass standards, holiday exceptions, and time of operation. The following images are example fixtures proposed for the planning area. DSRT SURF Specific Plan 44 Surf Lagoon Lighting Standards Lighting for the surf lagoon will require both in ground lighting (flush with the lagoon bottom), lighting in the lagoon side walls, as well as stadium-like lighting above ground to ensure all portions of the lagoon are properly lit for night surfing. The following lighting standards have been developed specific to the surf lagoon to ensure minimal light and glare spillage onto surrounding properties, while optimizing surfer safety. Technology: LED technology positioned in a manner that focuses light directly onto the lagoon to prevent excess light and glare spillage onto neighboring land uses. Light Pole Height: 80 feet maximum. Hours of Operation – Pole Lighting: In Summer (May 15-September 30), pole lighting will be permitted from dusk until 12 AM 7 days a week. In Winter/Spring (November 1-May 14), pole lighting will be permitted from dusk until 10 PM on weekdays, and until 12 AM on weekends, Holidays and during special events. For safety purposes, lighting within the lagoon will be required after hours until dawn. Pole lighting will be permitted in the early hours of operation (6-7am) in the event that natural lighting conditions are inadequate for surfer safety. A lighting plan will be submitted to the City prior to the issuance of building permits to ensure swimmer/surfer safety and that light trespass onto neighboring land uses is minimized. DSRT SURF Specific Plan 45 IV. INFRASTRUCTURE The DSRT SURF Project occurs in an area of Palm Desert which is fully developed. As such, most infrastructure, including roadways, water, sewer, and utilities, are in place in the area. It is expected that with implementation of the Specific Plan, the majority of existing trunk lines will remain with minor relocations, and on-site extensions will occur to service individual development components throughout the site. A detailed description of all existing and proposed infrastructure for the Project is provided below. A. Roadways Primary Project entrance ingress and egress will occur at the northeast corner of the site from the existing Desert Willow Drive roundabout. A secondary driveway will be provided approximately 240 feet southeast of the primary access point but will only be used for guest egress and emergency access. Primary vehicular circulation within the Specific Plan area will be from a perimeter roadway or “Promenade” that connects both Planning Areas. The Promenade right of way will range from 24 to 30 feet wide with a single lane of traffic in each direction. Parking will be provided in designated driveways (villas), parking lots and/or structures within the appropriate Planning Area. On-street parking will not be permitted. Two emergency access points will be provided; one from the secondary driveway located southeast of the site entrance, and one gated access point from the neighboring Desert Willow Westin Villas property to the west via Willow Ridge Drive. B. Drainage and Flood Control Storm runoff generated on-site is designed to be conveyed to the adjacent South Golf Course via an underground storm drain piping system in a similar manner to the systems employed by existing adjacent resort developments. The Project will connect to existing 24-inch storm drain lines and proposed underground systems to outlet on-site runoff to the adjacent golf course consistent with the existing South Golf Course Runoff Management Plan. Disposal of accumulated water will take place by infiltration, assisted by the installation of drywells. The surf lagoon will require regular cleaning and maintenance resulting in the need to dispose of lagoon water. Lagoon water will be drained in a similar fashion to stormwater, in that it will be directed to the adjacent South Golf Course via an underground storm drain piping system. Stormwater and lagoon water will be discharged into an existing lake on the golf course that is currently used for stormwater retention and landscape irrigation. Stormwater infiltration will be assisted by the installation of drywells. DSRT SURF Specific Plan 46 C. Public Utilities The infrastructure that will serve the development is described below and is designed to provide a coordinated system of infrastructure and public services to adequately serve the plan area at full build out. The infrastructure and utilities plan identify standards relative to land use for the plan area and establishes the infrastructure and public service policies. i. Sewer The development is located within the jurisdiction of the Coachella Valley Water District (CWVD) for sewer and wastewater service. Portions of the project at lower elevations will connect via gravity flow to existing 8-inch sewer lines located within Willow Ridge Drive to the west. The remainder of the project at higher elevation will gravity flow to an existing 12-inch sewer line located within Desert Willow Drive to the east. Wastewater will be conveyed to and treated at CVWD’s wastewater treatment plant WRP-10, which also generates recycled water that is primarily used for irrigation of golf courses and large landscaped areas, including the Desert Willow property. ii. Water The development is located within the jurisdiction of the Coachella Valley Water District (CVWD) for water service. As shown in Exhibits 17-19, existing 8-inch, 12-inch, and 18-inch water lines are located adjacent to the site in both Desert Willow Drive and Willow Ridge Drive. An on-site well is proposed for the southeastern portion of the Project site by the lagoon wave machine infrastructure and will supply water for the lagoon. Alternatively, the Project could connect to an existing well, located south of the Project site within the golf course. A Water Supply Assessment will be prepared prior to Project approval to ensure CVWD has adequate water supply and infrastructure to serve the site. On-site irrigation will connect to existing 10-inch, 12-inch, and 15-inch irrigation lines adjacent to the property. Fire flow water would be provided from the proposed 8-inch pipe located in Willow Ridge Drive, and onsite fire hydrants will be provided per Riverside County Fire Department standards. Two infrastructure realignments are required in proximity to the Desert Willow Drive roundabout and Project entrance. These include the realignments of a 20-inch recycled water line and a 12-inch irrigation line (See Exhibits 17-19). iii. Other Utilities The site is served by Southern California Edison (SCE) for electrical services and by Southern California Gas Company for natural gas. Solid waste and recycling services will be provided by Burrtec Waste and Recycling. Telecommunication services will be provided by Frontier Communications and cable television services will be provided by Spectrum. Exhibit 13 - GRADING AND UTILITY PLAN (Sheet 1 of 3)DSRT SURF Specific Plan Source: The Altum Group; AO Architects, 2021 9.28.21 Exhibit 14 - GRADING AND UTILITY PLAN (Sheet 2 of 3)DSRT SURF Specific Plan 9.28.21Source: The Altum Group; AO Architects 2021 Exhibit 15 - GRADING AND UTILITY PLAN (Sheet 3 of 3)DSRT SURF Specific Plan Source: The Altum Group; AO Architects, 2021 9.28.21 DSRT SURF Specific Plan 50 V. ADMINISTRATION and IMPLEMENTATION A. Application Review Process This Specific Plan is designed to provide guidance to the public, City staff, and decision makers in realizing the objectives of the DSRT SURF Project. According to the Palm Desert Zoning Code, Chapter 25.78, the following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. (Ord. 1303 § 3, 2016). Future development within the planning areas will require a Precise Plan application which shall adhere to requirements and review criteria set forth in Palm Desert Zoning Code, Chapter 25.72.030. B. Specific Plan Amendments Specific Plan Amendments required to clarify standards or guidelines, make interpretations of permitted uses, or otherwise required which do not change development standards in this Specific Plan may be made by the Planning Director. Any amendment which changes uses, density, maximum square footage or units, development standards or circulation within the Specific Plan shall require review by the Planning Commission and City Council. C. Financing The majority of Project costs will be financed via investor funds. Other methods of financing infrastructure may be considered. DSRT SURF Specific Plan 51 VI. APPENDIX A: GENERAL PLAN CONSISTENCY California Government Code §65450-§65453 permits the adoption and administration of Specific Plans as an implementation tool for elements contained within the local General Plan. The City of Palm Desert General Plan provides guidance for long-term growth and development in the City through comprehensive plans for future development. Consistency with the General Plan is achieved when the various land uses within the Specific Plan are compatible with the goals, policies, and general pattern of land uses contained in the General Plan. Consistency is defined as follows: “An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment.” This statement from the Governor’s Office of Planning and Research (OPR) describes how a Specific Plan should be consistent with the General Plan. The discussion below details the DSRT SURF Specific Plan’s consistency with the goals and policies that are set forth in the City of Palm Desert General Plan. 2035 GENERAL PLAN LAND USE AND ZONING DESIGNATIONS LAND USE and COMMUNITY CHARACTER GOAL 1. Quality Spaces. A beautiful city with a balance of high-quality open spaces and high-quality urban areas. Policies 1.1 Scale of development. Require new development along the city’s corridors use design techniques to moderate height and use and ensure compatible fit with surrounding development. 1.2 Open space preservation. Balance the development of the city with the provision of open space, and especially the hillsides surrounding the City, so as to create both high quality urban areas and high quality open space. 1.3 Traffic generation. Balance medium and high intensity/density development with pedestrian-oriented and bicycle friendly design features so as to maximize trip and VMT reduction. 1.5 Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features. Consistency The development of the DSRT SURF Specific Plan (DSSP) will result in improvements the area’s existing environment. These improvements will be in the form of new sidewalks and enhanced landscape areas as well as the construction of a recreational resort center on a currently vacant lot. DSRT SURF Specific Plan 52 In addition, the architectural style will be reflective of the desert mid-century modern aesthetic. The aesthetic character of the DSSP, including architecture, landscaping, walls and fences, and signage, are described in the design guidelines defined by Chapter III of the Specific Plan. The integration of a signature surf theme with related recreational amenities also supports the goals of the General Plan. The high-quality design attributes of the DSSP, such as enhanced streetscapes and pedestrian walkways, have the potential to increase surrounding property values and create positive fiscal impacts in the City. GOAL 2. Human-Scaled Design. A city designed for people, fostering interaction, activity, and safety. Policies 2.3 Landscaping. Require development projects to incorporate high quality landscaping in order to extend and enhance the green space network of the city. 2.6 Lighting. Require all new street lights in commercial areas to be pedestrian- oriented and scaled, attractively designed, compatible in design with other street furniture, and to provide adequate visibility and security in accordance with best practices for night sky protection. 2.12 Destination Accessibility. Direct the development of new centers, parks, schools, and similar destinations so as to provide all residences within town ¼ mile to at least two amenities. Consistency The DSSP’s carefully designed landscaped buffers and parkway improvements along perimeter will blend into the existing Desert Willow landscapes. Landscape treatments, theme walls, and entry monumentation will visually enhance the currently vacant area. All lighting within the DSSP, with the exception of the surf lagoon, will be subject to the City’s Municipal Code to reduce impacts to the night sky. Specific lighting standards have been developed for the surf lagoon to ensure minimal light spillage onto offsite properties. Since the DSSP is located within the Desert Willow resort development, resort guests may access the DSSP amenities and vice versa. GOAL 4. Districts. A series of unique, destination-oriented districts that provide space for large-format retail, industrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City. DSRT SURF Specific Plan 53 Policies 4.1 Resorts. Encourage the development of unique resort complexes. Locate resorts in areas of the city where citywide connectivity will not be negatively affected by the design of the project. 4.2 Resort design and connectivity. Allow resorts to be designed as isolated and gated developments as long as through traffic and external connectivity occurs at distances of no greater than 1,300 feet. Exceptions to this may be made where external connection is not possible because of steep slopes, or natural or man-made barriers. Consistency The DSSP’s uses will support balanced growth in the area since it adds to the existing Desert Willow amenities in a unique format by creating surf community in the center of a desert resort city. Unlike any other resort development, the DSRT SURF Specific Plan area will create a different resort complex within an existing resort and maintain the overall image of the site. GOAL 8. Economic Development. A diverse, growing, and resilient local economy. Policies 8.1 Long-term economic development. Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses. 8.7 Natural environment. Maintain and enhance the natural environment as critical to the attraction of tourists and ensure that new development does not adversely affect the natural environment as a tourist draw. 8.8 Recreational amenities. Strategically utilize City recreational investments to create and enhance development opportunities. Consistency The DSSP contributes to the economic well-being of the City by offering quality development that will provide a diversity of resort and commercial businesses to the employment pool. GOAL 9. Fiscal Stability. A fiscally sound and sustainable city. Policies 8.1 Fiscal impact assessment. For all major development projects, including but not limited to specific plans, annexations and changes in General Plan designations for areas over 5 acres in size, require a fiscal impact DSRT SURF Specific Plan 54 assessment to determine possible fiscal impact of the development project and use the information to formulate conditions of approval for the project. 8.2 Efficient growth. Manage growth in a manner that is fiscally sustainable and protects and/or enhances community value. 8.3 Diverse tax base. Guide development and public investments to maintain a fiscally sound city with a sustainable tax base and user fees including property tax, sales tax, transient occupancy tax, utilities user tax and user fees that pay for cost of services. Consistency The City has required performance and market feasibility assessments to be prepared for the DSSP in order to evaluate these impacts to the City. The assessments will also outline the projected growth of the immediate area as a result of the DSSP. Since the DSSP proposes a hotel and commercial uses such as restaurants and retail uses taxes from these services will create a diverse tax base from the implementation of the DSSP. MOBILITY GOAL 2. Parking. An actively managed system of public and private parking facilities that supports future development. Policies 2.1 Public Parking Facilities. Provide new public parking facilities only after applying appropriate techniques to manage parking demand and ensure efficient use of all public and private parking facilities. 
 2.5 Innovative Parking Approaches. Allow the use of innovative parking supply and demand strategies such as shared parking, unbundling parking, and other related items within privately owned parking facilities to allow an appropriate level of flexibility for these private land owners. 
 2.6 Formal Parking Evaluations. Perform formal evaluations of parking capacity on a biannual basis to identify areas where parking is under- or over-utilized. 
 Consistency Primary parking for the hotel and surf center will be provided in the hotel parking garage on the first and second level of the building, and in surface parking adjacent to the buildings. Parking for the residential component will be provided immediately adjacent to the corresponding buildings or in an attached garage. Underground or structure parking is allowed on site. The Parking standards stipulated by the City of Palm Desert were used in order to design the required parking spaces. Table 4 of the DSSP further breakdowns the standards. DSRT SURF Specific Plan 55 ENVIRONMENTAL RESOURCES Goal 1. Water Resources. Protected and readily available water resources for community and environmental use. Policies 1.1 Water conservation technologies. Promote indoor and outdoor water conservation and reuse practices including water recycling, grey water re- use and rainwater harvesting. 1.2 Landscape design. Encourage the reduction of landscaping water consumption through plant selection and irrigation technology. 1.3 Conservation performance targeted to new construction. Incentivize new construction to exceed the state’s Green Building Code for water conservation by an additional 10 percent. 1.4 Greywater. Allow the use of greywater and establish criteria and standards to permit its safe and effective use (also known as on-site water recycling). 1.5 Waterways as amenities. When considering development applications and infrastructure improvements, treat waterways as amenities, not hazards, and encourage designs that embrace the waterways. Consistency As stipulated by SB 610 and SB 221 under Water Code Section 10910(a) the DSSP is required to produce a water supply assessment and water supply verification in order to document the sufficiency of the CVWD water supply to meet the demand associated with the proposed land use. CVWD adopted the DSSP WSA in 2019. The DSSP WSA determined that CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years and the anticipated water demand 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. The DSSP will also encourage water conservation through techniques such as the use of low volume irrigation systems and drought-tolerant landscaping. Any water features, such lagoons or pools, built in the specific plan area will be designed to minimize the use of excessive amounts of water. In addition, the Project applicant proposes to offset the lagoon’s water demand by participating in the Golf Course Turf Reduction Plan developed by the City of Palm Desert that will replace approximately 1,035,325 square feet of turf with drought-tolerant landscaping DSRT SURF Specific Plan 56 Goal 6. Energy. An energy efficient community that relies primarily on renewable and non-polluting energy sources. Policies 6.1 Passive solar design. Require new buildings to incorporate energy efficient building and site design strategies for the desert environment that include appropriate solar orientation, thermal mass, use of natural daylight and ventilation, and shading. Masquerade 6.2 Alternative energy. Continue to promote the incorporation of alternative energy generation (e.g., solar, wind, biomass) in public and private development. 6.3 Energy Efficient Buildings. Encourage new buildings and buildings undergoing major retrofits to exceed Title 24 energy efficiency standards. 6.11 Energy-efficient infrastructure. Whenever possible, use energy-efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure. Consistency A cornerstone of the surf community is conservation and sustainability. In addition to the solar panel design features included in the surf center, passive solar design such as the use of shade structures and building orientation will be used throughout the DSSP area. The DSSP intends to uphold those values by creating structures and spaces that implement green building techniques and design principles, such as using recycled building material where appropriate. The surf lagoon wave machine technology is designed to perform at the highest level and as efficiently as possible. In terms of performance, the system runs at an efficiency level of 92%, thus using the energy at the most efficient levels to generate waves within the lagoon. SAFETY Goal 3. Flood hazards. A community where flooding and inundation hazard are contained within areas reserved for open spaces. Policies 3.1 Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on- site retention of runoff, and minimization of structures located in floodplains. DSRT SURF Specific Plan 57 3.2 Flood Infrastructure. Require new development to contribute to funding regional flood control infrastructure improvements. 3.3 Stormwater Management. Monitor, update, and enforce stormwater management plans in coordination with regional agencies, utilities, and other jurisdictions. 3.4 Open Space for Flood Control. Prioritize open space or uses that serve recreational purposes as a preferred land use within areas of high flood risk. Consistency The DSSP property is located in Zone X, which represents “areas outside of 0.2% annual chance flood.” (Map No. 06065C1615G) as defined by the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA). Development of the DSSP will not added structures in an area that is subject to flood risk. The retention basin planned for the DSSP will be in the form of a lagoon and passive open space. PUBLIC UTILITIES & SERVICES Goal 1. Stormwater. Stormwater management system that leads to clean water, basin recharge and increased water retention. Policies 1.1 Stormwater infrastructure for new development. Require development projects pay for their share of new stormwater infrastructure or improvements necessitated by that development (regional shallow ground water). 1.2 On-site stormwater retention and infiltration. Whenever possible, stormwater shall be infiltrated, evapotranspirated, reused or treated onsite in other ways that improve stormwater quality and reduce flows into the storm drain system. 1.3 Groundwater infiltration. Encourage the use of above-ground and natural stormwater facilities in new development and redevelopment, such as vegetated swales and permeable paving. 1.4 Stormwater re-use and recycling. Encourage innovative ways of capturing and reusing stormwater for non-drinking purposes to reduce the use of potable drinking water. DSRT SURF Specific Plan 58 1.5 Recycled water. Work with the CVWD to encourage existing golf courses to connect to its recycled water system. 1.6 Collaborative stormwater management. Encourage collaborative, integrated stormwater management between multiple property owners and sites. 1.7 Low impact development. Require the use of low-impact development strategies to minimize urban run-off, increase site infiltration, manage stormwater and recharge groundwater supplies. 1.8 Green infrastructure in public rights-of-way. Encourage green streets with in-street bio-retention and other forms of stormwater retention and infiltration in streets and public rights-of-way. 1.10 Stormwater in urban context. Development projects shall incorporate stormwater management into landscaping, except in downtown designations where catch basins shall be prohibited. 1.11 Water quality detention basins. Require water detention basins to be aesthetically pleasing and to serve recreational purposes, such as in the form of a mini park. Detention basins designed for active uses are intended to supplement park and open space and should not be counted towards a developer’s minimum park requirements, unless otherwise determined by the Planning Commission or City Council. 1.12 Retention Basins. Encourage storm water retention basins, especially in the City Center Area, to be underground in future development so as to achieve the most efficient use of land and compact development and promote the urban character goals of the General Plan. Consistency The DSSP will implement the standard requirements for the retention of storm flows and participates in the National Pollution Discharge Elimination System (NPDES) to protect surface waters from pollution, as well as maintain the City of Palm Desert’s Municipal Code 8.70.100 (On-Site Stormwater Retention), which requires all new developments to retain the 100-year storm flow on-site and/or off-site. Goal 2. Sewer. Sewer management and facility operations that allow for adequate disposal within the community. Policies 2.1 Sewer system maintenance. Work with the Coachella Valley Water District to ensure sewers are operational and in good working order. DSRT SURF Specific Plan 59 2.2 Sewer infrastructure for new development. Require development projects to pay for their share of new sewer infrastructure or improvements necessitated by that development. 2.3 Sewer connections. In the event that a sewer line exists in the right-of-way where a lateral line connection is required to serve a lot, require a sewer connection at the time the lot is developed. Consistency As mentioned above, the DSSP will incorporate the use of the existing sewer and water facilities and infrastructure near the site and new storm drains to fit extended to tie into existing facilities. The DSSP lines will connect to existing lines beneath Willow Ridge and Desert Willow Drive. All new sewer facilities will be constructed and maintained in accordance with applicable standards. Goal 3. Water Supply. Ensure a sustainable, clean, long-term water supply. Policies 3.1 Agency coordination. Coordinate on an ongoing basis with the Coachella Valley Water District, and other agencies responsible for supplying water to the region. 3.3 Water infrastructure. Maintain existing water infrastructure to protect the supply, quality, and delivery of potable water. 3.4 Water infrastructure for new development. Require development projects to pay for their share of new water infrastructure or improvements necessitated by that project. 3.5 Recycled Water. Expanded use of recycled water in existing and new development. 3.6 Citywide water conservation and efficiency. Encourage and promote community water conservation and efficiency efforts, including indoor and outdoor efforts that exceed CalGreen requirements. Consistency The DSSP will incorporated the State’s Water demands and conservation measures will include techniques such as the use of low volume irrigation systems and drought-tolerant landscaping. The lagoon and added water features that will built in the DSSP area will be designed to minimize the use of excessive amounts of water. As required by Water Code Section 10910(f) a Water Supply Assessment was prepared and approved for the DSSP area to assess the condition of the groundwater basin and a sufficiency analysis of the basin to supply the Project area. Coachella Valley Water District (CVWD) adopted the DSSP WSA in 2019 that determined CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years. ADDENDUM TO THE DSRT SURF PROJECT ENVIRONMENTAL IMPACT REPORT (SCH No. 2019011044) Prepared for: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Prepared by: Terra Nova Planning & Research, Inc.® 42635 Melanie Place, Suite #101 Palm Desert, California 92211 June 2021 i Table of Contents 1. Introduction and Project Background ............................................................................... 1 1.1. Summary ....................................................................................................................... 1 1.2. Project Location ............................................................................................................ 1 1.3. Existing Conditions and Current Proposal .................................................................... 2 1.4. Purpose of an EIR Addendum ..................................................................................... 18 2. Proposed Amendments ................................................................................................. 19 3. Impact Analysis .............................................................................................................. 21 3.1. Aesthetics ................................................................................................................... 22 3.2. Agriculture and Forestry Resources ............................................................................ 28 3.3. Air Quality ................................................................................................................... 28 3.4. Biological Resources ................................................................................................... 40 3.5. Cultural and Tribal Resources ..................................................................................... 44 3.6. Energy ......................................................................................................................... 47 3.7. Geology/Soils .............................................................................................................. 53 3.8. Greenhouse Gas Emissions & Energy ......................................................................... 60 3.9. Hazards & Hazardous Materials ................................................................................. 64 3.10. Hydrology/Water Quality ........................................................................................... 67 3.11. Land Use/Planning ...................................................................................................... 74 3.12. Mineral Resources ...................................................................................................... 77 3.13. Noise ........................................................................................................................... 78 3.14. Population, Employment, and Housing ...................................................................... 82 3.15. Public Services and Utilities ........................................................................................ 84 3.16. Transportation ............................................................................................................ 89 3.17. Utilities ........................................................................................................................ 98 List of Tables Table 1 2019 DSRT SURF Specific Plan ...................................................................................... 3 Table 2 2019 DSRT SURF PA1 Precise Plan ................................................................................ 4 Table 3 Construction Emissions Summary .............................................................................. 30 Table 4 Unmitigated Operational Emissions Summary ........................................................... 31 Table 5 Localized Significance Thresholds 25 Meters, 5 Acres (lbs per day) ........................... 32 Table 6 Construction GHG Emissions Summary ...................................................................... 61 Table 7 Special Events Operational Emissions: 2019 DSRT SURF EIR ...................................... 61 Table 8 Operational GHG Emission Summary: 2019 DSRT SURF EIR (Metric Tons/Year) ....... 62 Table 9 2019 DSRT SURF Specific Plan Specific Plan Land Uses .............................................. 75 Table 10 2019 DSRT SURF Project Surf Lagoon Precise Plan Land Uses .................................... 76 ii List of Exhibits Exhibit 1 Regional Location Map ................................................................................................. 7 Exhibit 2 Area Location Map ....................................................................................................... 8 Exhibit 3 Vicinity Map .................................................................................................................. 9 Exhibit 4 Project Location Map .................................................................................................. 10 Exhibit 5 Project Site Plan .......................................................................................................... 11 Exhibit 6 Tentative Tract Map 37639 ........................................................................................ 12 Exhibit 7 Surf Center Elevations ................................................................................................ 13 Exhibit 8 Surf Center Ancillary Uses Elevations ......................................................................... 14 Exhibit 9 Hotel Elevations .......................................................................................................... 15 Exhibit 10 Typical Villa Elevations ................................................................................................ 16 Exhibit 11 Typical Stacked Flats Elevations ................................................................................. 17 1 DSRT SURF PROJECT ADDENDUM TO THE DSRT SURF PROJECT ENVIRONMENTAL IMPACT REPORT (SCH No. 2019011044) 1. INTRODUCTION AND PROJECT BACKGROUND 1.1. SUMMARY This document is an Addendum to the 2019 DSRT SURF Project Environmental Impact Report (EIR, SCH No. 2019011044). This Addendum has been prepared to evaluate the potential environmental impacts of amending the DSRT SURF Specific Plan, Tentative Tract Map, Development Agreement, and buildout of the revised DSRT SURF Project, referred to herein as the “Project.” In accordance with the California Environmental Quality Act (CEQA), this Addendum analyzes the proposed Project amendments and demonstrates that all potential environmental impacts associated with the Project at buildout would be within the envelope of impacts already evaluated in the approved EIR. In this document, Section I provides the detailed description of the City of Palm Desert’s planning procedures and environmental review process under the California Environmental Quality Act (CEQA). Section 2 describes the proposed Specific Plan amendment and revised DSRT SURF Project. Section 3 describes the potential environmental impacts of the proposed amended Project in the context of the 2019 DSRT SURF Specific Plan EIR. 1.2. PROJECT LOCATION The 17.69-acre Project site is located on the west side of Desert Willow Drive, north of Country Club Drive in the City of Palm Desert, Riverside County, California. The irregularly shaped site is bounded by golf course on its west, south and east sides, and by the Desert Willow Clubhouse parking lot on the north. The Project site is located in Section 4, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian and consists of three Assessor’s Parcels: 620-420-023, 620-400-024 and -620-400-008. Regional location and project vicinity maps are provided in Exhibits 1 through 4. 2 1.3. EXISTING CONDITIONS AND CURRENT PROPOSAL Background The Project site is partially developed with the Desert Willow Clubhouse parking lot in its northwest corner (approximately 3 acres) and the balance of the site (approximately 14.7 acres) is vacant desert land. The site is designated as Resort and Entertainment District on the City’s General Plan Land Use Map which allows bed and breakfast inns, recreational facilities, retail, lodging, 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). The City’s Zoning Map designates the site as Planned Residential (PR-5), allowing 5 units per acre. Prior to adoption of the DSRT SURF Specific Plan, development of the site was governed by the North Sphere Specific Plan (NSSP), which encompassed a total of 515± acres and allowed for a wide range of resort and residential development. The DSRT SURF planning area generally occurs within Planning Area 10 of the NSSP. 2019 DSRT SURF Project In 2019, the City of Palm Desert certified the DSRT SURF Specific Plan EIR that analyzed development of the DSRT SURF Project (2019 Project). The 2019 Project would result in the development of a surf lagoon of up to 6 acres in size, a surf center to include restaurant, bar, retail and similar facilities, up to 350 hotel rooms, and up to 88 resort residential villas on the 17.69-acre site. The Project was to be implemented in two phases and consisted of two planning areas: the Surf Lagoon Planning Area (PA 1, 11.85 acres), and the Hotel and Villas Planning Area (PA 2, 5.84 acres). Planning Area 1 would be constructed first and include the development of the surf center and pie-shaped surf lagoon, which included a wave machine located in the central pier of the lagoon and in the mechanical building at the southeastern portion of the site. The Hotels and Villas Planning Area (PA 2) would be developed in phase 2 and result in the construction of the hotel(s) and villas on approximately 5.84 acres. The 2019 Project included a Specific Plan (SP) to guide the overall development of the site, a Precise Plan (PP) for the lagoon and surf center, and a Tentative Tract Map (TTM) to subdivide the site into five parcels. The Project also included a Disposition and Development Agreement to facilitate the sale of the property which is currently owned by the City, and establish development responsibilities of both the applicant and the City. The 2019 Specific Plan set forth the planning principles, land use policies, development standards, maximum development densities and design guidelines for the overall development of DSRT SURF and public improvements within the Specific Plan area. The architectural theme for the Project was Desert Mid-Century Modern, inspired by the Desert Modern and Mid-Century styles. The follow land use and development standards were set forth in the 2019 Specific Plan: 3 The land use, design, and development standards of Planning Area 1 would be regulated through a Precise Plan based on the City’s Municipal Code Section 25.72.030. A Precise Plan application was filed for the Lagoon and Surf Center, including a 5.5 acre lagoon, restaurants, bars, retail space and entertainment facilities and was considered and approved as part of the 2019 Project. A Precise Plan application was not submitted for the Hotel and Villa Planning Area at the time of the EIR analysis, therefore impact analysis was based on the Planning Area’s maximum buildout potential of 350 hotel rooms and 88 resort residential villas on approximately 5.84 acres. Table 1 2019 DSRT SURF Specific Plan Land Uses and Development Standards Planning Area 1 Surf Lagoon Planning Area (11.85 acres) Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Building Max 35,000 SF ; Max Height 50 feet Café Juice Bar Max 1,750 SF Restaurant (120 Occupants w/seats) Max 2,250 SF* Bar (83 Occ w/seats, 180 Occs w/o seats) Max 1,250 SF** Events (233 Occ w/seats, 500 Occs w/o seats) Max 2,750 SF*** Ancillary Restrooms/Changing Rooms/Locker Buildings Max 1,500 SF Ancillary Rental Building(s) Max 1,500 SF East Lagoon Café and Bar Max 2,750 SF Maintenance and Equipment Buildings Max 12,500 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area site coverage Parking Surf Lagoon: 1.5 per surfer (max. 95 surfers) Restaurant/Bar/Lounge: 8 per 1,000 SF Planning Area 2 Hotel and Villas Planning Area (5.84 acres) Max/Min Allowed Hotels Max 350 rooms, Max 200,000 SF; Max Height 50 feet Hotel Spa Max 12,500 SF Villas 15 units per acre/87 villas max. Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 2,500 SF Landscaping/OS/Pool/Recreational Space Minimum 25% Planning Area site coverage Parking Hotel: 1 per room Villas: 2 per unit 4 Table 2 2019 DSRT SURF PA1 Precise Plan Development Assumptions Land Use/Building SF AC Surf Lagoon 239,580 5.50 Surf Center Building 31,500 0.88 Café Juice Bar 1,500 Restaurant (120 Occupants w/seats) 2,000* Bar (83 Occ w/seats, 180 Occs w/o seats) 1,000** Events (233 Occ w/seats, 500 Occs w/o seats) 2,500*** Ancillary Restrooms/Changing Rooms/Locker Buildings 1,070 0.02 Ancillary Rental Building(s) 640 0.01 East Lagoon Café and Bar 1,000 0.06 Maintenance and Equipment Buildings 1,600 0.21 Landscape/OS/Pools/Rec./Amenities 104,789 2.41 Roadways/Driveways/Parking (asphalt paved areas) 120,307 2.76 90 Surface Parking 160 Underground Parking (not incl. in site total AC) * Restaurant = 2,000 SF built space plus 1,000 SF exterior non-built space, total of 3,000 SF of usable space. ** Bar = 1,000 SF built space plus 500 SF exterior non-built space, total of 1,500 SF of usable space. ***Events = 2,500 SF built space plus 1,000 SF exterior non-built space, total of 3,500 SF of usable space. On-site parking under the 2019 Project would include a mix of surface parking throughout the site and underground parking in proximity to the surf center and future hotels. The surf center building would be open to the public, including retail shops and surf center restaurants. Future guests could purchase a Beach Pass or Surf Pass to access the pool and recreational areas, lagoon- side surf shack/bars, and the surf lagoon for surf lessons and surf sessions. The lagoon’s capacity was up to 75 surfers during regular days, and up to 95 surfers for special events. It was assumed that one special event would be held per month for a total of 12 special events annually, which could result in 3,500 ticketed spectators per event. Parking overflow during special events would be located off-site at a lot called “Lot E,” which has a capacity for 500 vehicles, and at established parking lots elsewhere, including the Indian Wells Tennis Garden parking facilities. A shuttle service would be provided during special events to transport visitors to the Surf Lagoon. The 2019 Project also proposed off-site improvements including stormwater management and pool/lagoon discharge infrastructure, a lagoon water source, removal of golf course turf in several locations within the existing golf course and replacement with desert landscaping, other landscaping improvements, and soil removal and storage. The 2019 Project also included improvements to Lot E, the existing off-site parking lot southeast of the Project site that will provide overflow parking during special events. 5 Also part of the 2019 Project was a TTM that subdivided the site into five parcels, including the perimeter roadway, the surf lagoon and its associated buildings and facilities, the hotel(s) parcel, and multiple parcels for the residential villas. The Disposition and Development Agreement would facilitate the sale of the property between the City and the applicant, and establish responsibilities of both parties in the development process, including: • Infrastructure, public parking and overflow parking improvements • Performance requirements for the applicant to contribute fair share monies for the installation of the traffic signal at Market Place Drive, and for the City to install the signal prior to the issuance of a certificate of occupancy for the surf center • Various easements including: o Resort storm water drainage into the Mountainview Golf Course waste areas just south of the site o Lagoon Evacuation Line, though the City’s Moutainview Golf Course and within the existing Embarc 40’ Easement to the southeast of the Project site; o Access to Mountainview Golf Course well water and supply line, located to the south of lagoon; o Access to off-site parking lot (Lot E) for overflow parking • Off-site grading and turf reduction on the Desert Willow Golf Course Current Proposal The current proposal will amend the Specific Plan, Precise Plan, and TTM to accommodate proposed modifications to the hotel, surf center facilities, and villas. The Disposition and Development Agreement (DDA) is also being amended, to reflect the changes in the Project. The components of the DDA listed above, however, are not substantially changing. A summary of Project components is provided below, and a detailed description of the Project is provided in Section 2, Proposed Amendments. Specific Plan The amended Specific Plan will maintain the Project’s original vision and aesthetic character, including the architectural themes, desert landscape palette and recreational amenities. The Specific Plan also maintains the existing land uses, including the development of a surf lagoon up to 6-acres and associated facilities, up to 350 hotel rooms, and up to 88 residential villas (see Specific Plan for details). Overall operations would remain the same with the average number of surfers in the lagoon at any given time reduced from 75 to 70 surfers. It is still assumed that 12 special events would be held annually. The Specific Plan build out is consistent with the 2019 Project in terms of land use intensity and density. Amendments are proposed to development standards, including residential setbacks; and the two previous Planning Areas are proposed to be combined into one, consistent with the revised Precise Plan, which establishes the design of the entire Project site. The DDA establishes the phasing schedule for the Project, which is expected to be constructed sequentially, with the surf lagoon and surf center occurring first, followed by the hotel and villas. 6 Precise Plan The site is no longer divided into two Planning Areas. Instead, a Precise Plan application was prepared for the entire site and for all Project components (Exhibit 5: Project Site Plan). The surf lagoon is in the same general location, of the same general size, and will utilize the same wave technology previously proposed and analyzed in the EIR. The surf lagoon will also include beach areas, a control tower, life guard towers, viewing decks, gathering areas, and pool-spa areas. The surf center includes the surf lagoon ticketing area, retail sales, offices for operations, areas for board and wetsuit rentals, lockers, bathrooms, flex space, and indoor/outdoor surf instruction areas. The hotel proposed in the Precise Plan application will include 92 keys and be four stories in height (see Exhibit 7 for hotel elevations). The ground level will have amenities including a restaurant, bar and lounge, all on the southwest side of the building, and a parking structure on the northeast side of the building. The second level is entirely parking. The third level includes a fitness center, spa, flex space, bar area, outdoor amenity deck, pool-spa areas, and guestrooms. The fourth level is entirely guestrooms. (see Precise Plan Application). The Precise Plan also includes 83 residential units located around the perimeter of the surf lagoon, as well as ancillary facilities to serve the residences, including recreational amenities, a homeowners’ (HOA) clubhouses and open space. Off-site improvements will remain the same as the 2019 Project, including stormwater and lagoon drainage, turf removal in several locations within the existing golf course, landscaping improvements, Lot E parking facilities for special events and overflow parking, and soil removal and storage. Tentative Tract Map The Tentative Tract Map (see Exhibit 6 for TTM 37639) was amended to accommodate the revised residential component of the Project, which now proposes 33 private villas, a series of seven condominium style buildings called “stacked flats,” and two private club houses (see Exhibits 8 and 9 for typical elevations). Combined, the stacked flats have a total of 50 units, resulting in a Project total of 83 residential units. The Precise Plan provides development specifics for City review, including the site plan, architectural elevations, floor plans, roof plans, cross sections, landscape plans, lighting plans, and utility plans. (see Precise Plan Application). CALIFORNIA PACIFIC OCEAN a P:imv A RIVERSIDE COUNTY l J TERRA NOVA Regional aes on Map Palm Dtlert, California - E<.:. :� / Am .. -« -' / \�DL10 0-61,&W °, t ExhibitDSRT SURFProject Site PlanPalm Desert, California 5 Source: A O A r c h i t e c t s , 2 0 2 1 05.10. 2 1 ExhibitDSRT SURFTentative Tract Map 37639 Palm Desert, California 6 Source: T h e A l t u m G r o u p , 2 0 2 1 05.10. 2 1 DSRT SURFSurf Center ElevationsPalm Desert, California Source: AO Architects, 2021 05.10. 2 1 7 Exhibit Sou r c e : A O A r c h i t e c t s , 2 0 2 1 Exhibit 8 05.10. 2 1 DSRT SURFSurf Center Ancillary Uses Elevations Palm Desert, California DSRT SURFHotel ElevationsPalm Desert, California Source: AO Architects, 2021 05.10. 2 1 9 Exhibit Sou r c e : A O A r c h i t e c t s , 2 0 2 1 Exhibit 10 05.10. 2 1 DSRT SURFTypical Villa Elevations Palm Desert, California Source: AO Architects, 2021 Exhibit 11 05.10. 2 1 DSRT SURFTypical Stacked Flats Elevations Palm Desert, California 18 1.4. PURPOSE OF AN EIR ADDENDUM In accordance with CEQA Guidelines Section 15164, a Lead Agency is required to prepare an EIR Addendum to a previously certified EIR if some changes or additions to a project are necessary, but the proposed project modifications do not require preparation of a subsequent EIR, as provided in Guidelines Section 15162. In addition, the proposed modifications cannot result in new or substantially more significant environmental impacts compared with the impacts disclosed in the previously certified EIR. CEQA Guidelines Section 15162 states that a subsequent EIR would be required for a project if any of the following conditions exist: 1. Substantial changes to the project require major revisions to the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. 2. Substantial changes occur with respect to the circumstances under which the project is undertaken that require major revisions to the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or 3. The availability of new information of substantial importance, which was not known or could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, shows that the project will have one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially more severe than shown in the previous EIR, or mitigation measures or alternatives that were previously found not to be feasible or that are considerably different from those analyzed in the previously certified EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative. This Addendum was prepared to analyze potential impacts of the proposed DSRT SURF Specific Plan and Project amendments as compared to those previously identified in the 2019 DSRT SURF Project EIR. Based on the evaluation of information provided in this EIR Addendum, no new significant impacts would occur as a result of the proposed Project, nor would there be any substantial increase in the severity of any previously identified adverse environmental impacts. Therefore, none of the conditions described in Section 15162 of the CEQA Guidelines has occurred. For this reason, an EIR addendum is the appropriate document to comply with CEQA requirements for the proposed Project. 19 2. PROPOSED AMENDMENTS The Project proposes amendments to the 2019 DSRT SURF Specific Plan, Precise Plan, and Tentative Tract Map to accommodate modifications to the hotel, surf center facilities, and villas. Amendments to the DDA are also proposed, consistent with the revised Project. The Specific Plan amendment will not change the overall land use approvals for the site, which included 350 hotel rooms, 88 villas, a surf center, surf lagoon and ancillary facilities, including parking, recreation and mechanical/service areas. The architectural style (Desert Mid-Century Modern) and landscape palette will also remain consistent and maximum building height will stay at 50 feet. Overall, the Project does not propose changes to the Specific Plan’s land uses, and only minor changes to the development standards. The most notable change is the consolidation of the Project into one planning area as opposed to the two planning areas set forth the 2019 Specific Plan. The amended Precise Plan will result in the development of the entire site, consisting of a 92 key hotel, surf center, a 5-acre surf lagoon, 33 private villas and 50 stacked flat residential units, as well as ancillary facilities to support these uses. The following provides a comparison of the assumptions made in the EIR versus proposed Project amendments. • Architectural Themes and Design Guidelines: o The 2019 Specific Plan architectural theme is Desert Mid-Century Modern. Design guidelines were provided for height and mass (up to 4 stories or 50 feet), pathways and wayfinding, landscaping, signage, walls and fences, and lighting. o The proposed Specific Plan does not propose changes to the Project’s design guidelines1 and the current Precise Plan was designed in accordance to the Specific Plan. • Surf lagoon: o The EIR assumed buildout of a 6-acre surf lagoon per the 2019 Specific Plan. Details including water and energy demand were provided and analyzed in the EIR. o The proposed Specific Plan does not change development standards of the lagoon and therefore the same buildout assumptions would apply. The Precise Plan proposes a 5- acre lagoon, however 6-acres is assumed to represent potential maximum impacts. The same water and energy demands are assumed. • General Commercial: o The EIR assumed 45,000 square feet, including the surf center and mechanical rooms, changing room, and other ancillary buildings proposed for Phase 1. o The proposed Specific Plan generally maintains the same overall land use assumptions with minor amendments. The maximum buildout potential of the surf center and maintenance and equipment space remains 35,000 square feet and 15,000 square 1 The proposed Specific Plan includes clarifying text for parapets, towers, elevators, staircases and similar architectural elements that may extend above the 50’ building height by no more than 10’. 20 feet respectively; however, the standalone surf center ancillary buildings (up to 3,000 square feet) have been removed, and it is assumed that any such use will be included in the surf center’s maximum buildout potential. Also, the 8,000 square feet of restaurant space originally allowed and accounted for within the 35,000 square feet of surf center space was analyzed as a separate use in the 2019 EIR for air quality analysis purposes due to the different trip generation rates for general retail and restaurant uses. In total, the 2019 EIR analyzed 27,000 square feet of surf center space (after subtracting 8,000 square feet of restaurant from the 35,000 square feet), 3,000 square feet of ancillary uses, and 15,000 square feet of mechanical space for a total of 45,000 square feet of surf center/general retail. Therefore, it can assumed that the 45,000 square feet of retail space analyzed in the 2019 EIR was reduced to approximately 42,000 square feet (subtracting the 3,000 square feet of stand alone ancillary uses), representing a 7% reduction compared to the 2019 Project. The Precise Plan proposes approximately 7,414 square feet of surf center facilities, including ticketing, retail, lockers, control tower, and board and wetsuit rentals. In addition, there are approximately 4,909 square feet of lagoon maintenance and equipment space for a total of 12,323 square feet of surf center facilities. This represents an 27% reduction in commercial spaces compared to the 2019 Project. • Restaurant/Bars: o The EIR assumed 11,250 square feet of restaurant/bar space which only accounts for Phase 1 restaurant space. Hotels would include restaurant space for Phase 2, although the exact square footage was not known at the time of the EIR. Modeling for hotel uses for air quality, traffic, water use and similar quantifiable impacts included hotel services such as spas, restaurants, bars and conference rooms. o The proposed Specific Plan generally maintains the same overall land use assumptions including maximum allowable surf center and hotel space; however, the standalone east lagoon café and bar (up to 2,750 square feet) has been removed. The proposed Specific Plan is not explicit about the allowed square footage of restaurant/bar space in the surf center, other than it needs to fall within the surf center’s maximum allowed buildout of 35,000 square feet. It is possible that buildout under the proposed Specific Plan could result in 11,250 square feet of restaurant/bar space and therefore, assumptions and impacts will be the same. The Precise Plan proposes approximately 3,271 square feet of restaurant/bar/grab and go cafe space located within the hotel, representing a 71% reduction in this space compared to the 2019 Project. • Hotel and Villas: o The EIR assumed the maximum Specific Plan buildout of 350 hotel rooms and 88 villas, and it assumed a combined total 500,000 square feet for analysis purposes. o The proposed Specific Plan does not propose limits or changes to hotel and villas development quantities and therefore the same maximum buildout assumptions would apply. The Precise Plan proposes 92 hotel rooms and 83 villas. The total gross building area for the hotel is 68,689 SF (84,363 square feet with amenity deck) and 168,529 square feet of villas and stacked flats (183,476 square feet with roof decks). Therefore, total hotel and villa building square footage would be approximately 237,218 square feet, representing a 53% reduction compared to the 2019 Project. 21 • Parking: o The EIR assumed 520 parking spaces and a multi-level structure with elevator. o The proposed Specific Plan does not propose limits or changes to parking requirements, and therefore the same assumptions as those used in the EIR would apply. The Precise Plan proposes an above ground parking garage with elevator and 443 parking stalls. This represents a 14% reduction in parking compared to the 2019 Project. • Capacity: o The 2019 Project assumed, on average, 75 surfers would be in the lagoon at one time with the ability to accommodate 95. Special events may be held that could result in 3,500 ticketed spectators. o The proposed Project reduces the lagoon capacity from 75 to 70 surfers. Special events assumptions would remain the same. • Off-site Improvements: o The 2019 Project included the following off-site improvements: stormwater and lagoon drainage, turf removal in several locations within the existing golf course, landscaping improvements and turf removal, Lot E parking facilities for special events and overflow parking, and soil removal and storage. o The proposed Project does not propose changes to off-site improvements, and therefore assumptions and impacts will be the same. 3. IMPACT ANALYSIS The proposed Specific Plan amendments are limited to updating the Project renderings, minor modifications and clarifications of development standards, and merging the two planning areas into one overall planning area. Maximum land use assumptions and quantities have not changed, and therefore impacts associated with buildout of the amended Specific Plan would be comparable, if not identical to those previously identified in the certified EIR. Changes in development standards are limited to residential setbacks, which have been reduced for front and side yards at the villas and stacked flats. Implementation of the proposed Specific Plan would not result in any new adverse impacts or significantly increase the severity of previously identified significant impacts in the certified EIR. Therefore, further analysis of the Specific Plan is not required in this document. In addition, the Project does not propose changes to off-site improvements previously analyzed in the EIR. Because no changes are proposed, impacts associated with off-site improvements would be the same as previously identified in the EIR. Buildout of off-site improvements would not result in any new adverse impacts or significantly increase the severity of previously identified significant impacts in the certified EIR. Therefore, further analysis of off-site improvements is not required in this document. 22 In accordance with CEQA Guidelines §15162, the following analysis addresses each of the environmental issues analyzed in the certified EIR as compared to the potential changes in environmental impacts due to the proposed Project. As discussed above, impacts associated with the proposed Specific Plan and off-site improvements are identical to those analyzed in the EIR, and further analysis is not detailed below. Changes related to the Precise Plan application, and ultimate build out of the Project site, are the focus of this document. The certified EIR identified two environmental issues associated with the 2019 DSRT SURF Project that could result in potentially significant impacts: Air Quality and Greenhouse Gas Emissions. Significant impacts are primarily attributed to the increase in vehicle trips generated by the Project during special events, resulting in significant levels of mobile source criteria pollutants and greenhouse gas emissions. The EIR analysis determined that air quality impacts associated with NOx emissions during the life of the Project and greenhouse gas emissions could not be mitigated to less than significant levels, and were therefore considered an unavoidable significant impact. The City determined that the social and economic benefits of developing the DSRT SURF Project outweighed the severity of these impacts, and Findings and a Statement of Overriding Considerations were adopted. 3.1. AESTHETICS Summary of Findings in the EIR Scenic Vistas The Coachella Valley is a low desert basin surrounded by dramatic mountainous terrain created by the active geology that is characteristic of Southern California. Surrounding mountains include the San Jacinto, Santa Rosa, and San Bernardino Mountain ranges. At its peak, Mount San Jacinto rises to an elevation of 10,834 feet above mean sea level. The Santa Rosa Mountains, with Toro Peak at an elevation of 8,715 feet above mean sea level, generally form the southerly boundary of the valley. In the northerly portion of the valley are the Indio Hills, with elevations rising to about 1,600 feet, and the Little San Bernardino Mountains further north, forming the northeasterly boundary of the valley. Emanating from the mouths of mountain canyons are numerous alluvial fans. Surrounding mountain views are of high aesthetic value across all of the Coachella Valley, including the City of Palm Desert. The Project site is generally flat and lies on the valley floor at an elevation of about 250 feet above mean sea level. From the Project site, foreground views to the north, south, and east include golf course greens, cart paths, and desert landscaping of the surrounding Desert Willow Golf Course, as well as the clubhouse and parking lot to the northeast. Views to the west include two-, three- and four-story residential villas and parking lots of the Westin Desert Willow villas. Distant views include the middle and upper elevation slopes of the Santa Rosa Mountains approximately 3 miles to the south and southwest, and the San Jacinto Mountains approximately 10 miles to the west. In some locations, the Indio Hills (5 miles to the north) and Little San Bernardino Mountains (8 miles to the north) are visible. Predominant views from the Project site are of the Santa Rosa Mountains to the south. The aesthetic value of the other mountain ranges 23 is somewhat diminished due to distance from the Project site and intervening development and landscaping. The Project site is not located along a designated State scenic highway and contains no scenic resources, such as trees, rock outcroppings, or historic buildings. Construction of the surf lagoon, surf center, hotels, villas, and off-site improvements would require the use of heavy equipment for grading, paving and excavation. Standard construction methods would be used for the construction of the one- and two-story buildings proposed in PA 1 and up to 4-story (50 feet) buildings allowed in PA 2. Construction activities would be visible from the surrounding golf course, Montecito and Retreat developments, and the Westin Desert Willow project. Impacts from construction are temporary and would be limited by distance and grade differences. Buildout of PA 1 would result in a 2-story surf center, at the north end of the Project site, and 2- story equipment building at the southeast corner of the Project site, representing the tallest buildings in the Planning Area at 42± feet. No development application(s) for Planning Area 2 (hotel and villas) were filed at the time of the EIR, so specific architectural plans were not available. However, the Project Specific Plan allows the hotel building(s) to have a maximum height of 50 feet and the villas were envisioned as 2-story units. Project building heights were found to be consistent with the Desert Willow Golf Course Clubhouse and other nearby resort development, including the two- to four-story Westin Desert Willow villas to the immediate west and southwest. The PA 1 site plan (Precise Plan) preserved views of the Santa Rose Mountains to the south by clustering the surf center, swimming pools, event lawn, and other gathering spaces in the northerly portion of the site and orienting them toward the surf lagoon and scenic views to the south and southwest. No perimeter fencing, walls, or other barriers that would obstruct scenic views were proposed. Lower level views of mountain foothills would be somewhat reduced, but the peaks and the extent of the range would still be visible above the proposed structures. The EIR determined that Project impacts to scenic vistas would be limited by distance and strategic site planning, and impacts were found to be less than significant. Visual Character The Specific Plan would guide overall development of the 2019 Project, including maximum development densities, standards, and design guidelines. The 2019 Project was found 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. The EIR determined the 2019 Specific Plan would not conflict with City policies preserving view corridors or scenic roadways. The 2019 Specific Plan and Precise Plan allowed for buildings of up to 50 feet in height and surf lagoon light poles of up to 80 feet. The Precise Plan lighting plan for the lagoon showed a total of 11 pole lights, ranging in height from 40 to 80 feet. Of this total, one was proposed at 40 feet, three at 60 feet, four at 70 feet, and three at 80 feet in height, distributed on all sides of the lagoon, and on the central pier. Given the heights proposed, these pole lights had the potential to impact the visual character of the area, because the maximum building height within both the proposed Project and surrounding projects ranges to approximately 50 feet. 24 Visual simulations from 7 photo location points on the outer edge of the public golf course were prepared to demonstrate where the surf lagoon light poles would be located. Overall, it was determined that the light poles would not significantly impact the visual character of the area because of their limited mass, light color, and because views would already be partially screened by the Project’s structures. Overall, the EIR determined that the DSRT SURF Project would not significantly impact the visual character of the area, or impact public views, because the mass and scale of the 2019 DSDRT SURF Project was consistent with existing development within the Desert Willow golf course, and the mass of the structures would be softened and blocked by existing golf course landscaping. Impacts associated with visual character and public views were found to be less than significant. Light and Glare The 2019 DSRT SURF Project would increase light and glare from the following sources: 1. Pole-mounted lighting was proposed along the central pier and both sides of the outer boardwalk. This included a total of 34 luminaires mounted on eleven (11) galvanized steel poles that will be 40 to 80 feet in height. Of this total, one was proposed at 40 feet, three at 60 feet, four at 70 feet, and three at 80 feet in height. 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 Specific Plan allowed 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. 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’s proposed surf lagoon 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 lighting fixtures proposed in the 2019 Project include lights mounted in the concrete pony wall along the entire boardwalk (18 inches above the boardwalk deck), and fixtures mounted on handrail vertical posts along the entire pier (20 inches above the pier deck), as well as landscaping lighting throughout the site. 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. 5. Windows will increase glare to some extent; however, exterior surfaces will be non-reflective. Typical interior and exterior lighting will be installed. 25 The 2019 Specific Plan required that the Project comply with the City’s lighting standards, which require that light be shielded and not spill onto adjoining properties. Windows will increase glare to some extent; however, exterior surfaces will be non-reflective, and impacts related to glare will be less than significant. Typical interior and exterior lighting will be installed at the surf center, hotels and villas. The lighting plan prepared for the perimeter of the site, which included all areas of the Project, included photometric analysis of the proposed outdoor lighting. Light generated from these fixtures would meet the City’s requirements for screening and limitations associated with light levels being non-existent at the property line. Light would illuminate the Promenade roadway, parking lots, hotel, villas, surf lagoon boardwalk and pier, and common areas around the surf center, including ancillary buildings, swimming pools, and the event lawn. The 2019 Precise Plan application provided the design of the lighting fixtures for the light poles, including a large focusing visor which significantly limits light spillage. Analysis in the EIR demonstrated that lighting levels at the property line would be reduced to imperceptible levels to the north and south of the site at the property line, conforming to City standards. Light pole luminaires would 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 lagoon lighting as it relates to light fixture outputs would therefore be less than significant. The EIR found that lighting levels at the villas immediately adjacent to the lagoon could experience higher lighting levels. Per Mitigation Measure AES-1 of the EIR, architectural plans for the villas in proximity to the lagoon 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 lagoon villas will be less than significant. Solar panels were proposed for the roof of the surf center building. Reflectivity levels of solar panels are significantly lower than standard glass or galvanized steel, and would not pose a reflectance hazard to area viewers. Furthermore, these solar panels would be directed upward so that they would not be reflecting sunlight onto the site to cause glare. The City will review and approve all lighting plans prior to development to assure they provide sufficient safety and security and comply with the Palm Desert Municipal Code. With implementation of these standard requirements, impacts will be less than significant. The City does not have specific numeric standards for glare. However, based on the findings in the EIR, the lagoon lighting as proposed (40-80 foot tall poles) will result in minimal glare off-site, and impacts were determined to be less than significant. Summary of Impacts The EIR determined that impacts related to scenic vistas and resources, degradation of existing visual character, and creation of new sources of light or glare that would adversely affect nighttime views were to be less than significant because of the development policies, programs, and design performance standards set forth in the 2019 Specific Plan and City’s General Plan and Municipal Code, and the implementation of Mitigation measure AES-1. 26 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. Analysis of the Proposed Project Specific Plan Amendments The proposed Specific Plan amendments are limited to minor modifications to development standards, updating the Project renderings and merging the two planning areas into one overall planning area. Land uses and quantities have not changed, and therefore impacts associated with buildout of the amended Specific Plan would be the same as previously identified in the certified EIR. Implementation of the proposed Specific Plan would not result in any new adverse impacts or significantly increase the severity of previously identified significant impacts in the certified EIR. Therefore, impacts are considered less than significant Precise Plan The proposed Project will result in the development of a 92 key hotel with adjoining surf center facilities, a 5-acre surf lagoon, 33 private villas and 50 stacked flat residential units. The proposed hotel is 4-stories2 (50 feet), the surf center is single story (26 feet), villas are 2-stories (up to 30 feet), and stacked flats are 2- to 3-stories (up to 40 feet). These proposed building heights are consistent with those previously analyzed in the EIR, which assumed 4-stories for the hotel, 2- stories for the villas, and 2-stories for the surf center. The surf lagoon is in the same general location, of the same general size, and will utilize the same wave technology previously proposed and analyzed in the EIR. No perimeter fencing, walls, or other barriers that would obstruct scenic views are proposed. Lower level views of mountain foothills would be somewhat reduced, but the peaks and the extent of the range would still be visible above the proposed structures. Similar to the previously approved Project, proposed Project impacts to scenic vistas would be limited by distance and strategic site planning, and impacts will be less than significant. The proposed DSRT SURF Project would not significantly impact the visual character of the area, or impact public views, because the mass and scale of the proposed Project are consistent with what was previously analyzed in the EIR and existing development within the Desert Willow golf course. As with the 2019 Project, the mass of the proposed structures will be softened and blocked by existing golf course landscaping. The location of structures has been modified from what was analyzed in the EIR, but their overall mass has not changed. The hotel structure will be located on the northeastern portion of the site, generally in the location of the surf center in the 2019 project. Although the hotel proposes a taller structure than the surf center, that structure 2 Maximum building height is 50 feet; The Specific Plan has special provisions for parapets, towers, mechanical screening etc. that allow such features 27 will be screened by distance and landscaping from existing development to the northeast. The villas and stacked flats occur in generally the same locations as previously analyzed, and are of the same mass and scale as that considered in the 2019 EIR. Impacts to viewers to the west of the Project would be equivalent to or somewhat less than analyzed in the EIR, because the hotel structure would not occur within that field of view. Impacts associated with visual character and public views would be generally equivalent to those analyzed in the EIR, and will be less than significant. The site is currently vacant, therefore the Project will result in an increase in light associated with development. The level of lighting will be consistent with what was previously analyzed in the certified EIR, including lighting for the hotel, surf center, surf lagoon, villas, stacked flats, and landscaping. The photometric analysis provided in the Precise Plan demonstrates that light impacts will be controlled at the property line, and that the impacts of lagoon lighting will be consistent with that analyzed in the EIR. Mitigation Measure AES-1, requiring limited light levels at villas located adjacent to the lagoon, will also be applied to the proposed Precise Plan to lower impacts of lagoon lighting on residents of the Project. The City will review and approve all lighting plans prior to development to assure they provide sufficient safety and security and comply with the Palm Desert Municipal Code. With implementation of these standard requirements, impacts will be less than significant. The City does not have specific numeric standards for glare. However, it was previously determined in the EIR that the lagoon lighting as proposed (40-80 foot tall poles) will result in minimal glare off-site, and the currently proposed lighting plan does not change from that analyzed in the EIR. Impacts will be consistent with that analyzed in the EIR, and less than significant with the implementation of mitigation measures. Off-Site Improvements The Project does not propose changes to off-site improvements previously analyzed in the EIR. Being that no changes are proposed, impacts associated with off-site improvements would be the same as previously identified in the EIR. Buildout of off-site improvements would not result in any new adverse impacts or significantly increase the severity of previously identified significant impacts in the certified EIR. Therefore, impacts are considered less than significant. Summary of Impacts The proposed Project would not create any new impacts associated with views, and any impacts would be comparable to those identified in the EIR. Thus, potential impacts to scenic vistas and views associated with the proposed Project would be less than significant with implementation of applicable Specific Plan, General Plan policies and design performance standards. Impacts associated with lighting and glare will be less than significant as they relate to architectural lighting, landscape and safety lighting, consistent with the EIR. Lighting levels resulting from the light poles at the lagoon will, consistent with the findings of the EIR, have the potential to impact residential villas, but will be required to implement Mitigation Measure AES-1, which will reduce light impacts to assure that they comply with City standards, and result in less than significant impacts. 28 3.2. AGRICULTURE AND FORESTRY RESOURCES Summary of Findings in the EIR The Project site is within the urban core of the City, and does not contain agricultural or forestry resources. Nor is there any zoning for such resources in the City. The Initial Study Notice of Preparation determined there would be no impacts to these resources, and therefore impacts were not further analyzed in the EIR. Analysis of the Proposed Project The site is currently vacant and contains sparse native vegetation. There are no existing or mapped agricultural or forestry resources within or in proximity to the Project site, and such uses are not proposed as part of the proposed Project. Therefore, the proposed Project would not create any new impacts associated with these resources, consistent with those identified in the EIR. No impacts to agricultural or forestry resources would occur under the proposed Project. 3.3. AIR QUALITY Summary of Findings in the EIR The City of Palm Desert is located in the Salton Sea Air Basin (SSAB) portion of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is the air pollution control district principally responsible for comprehensive air pollution control in the Basin. Local development and population growth, traffic, construction activities, and various site disturbances in the City contribute to air quality emissions. The Coachella Valley portion of the SSAB is classified as a “non-attainment” area for PM10 and ozone. State and federal standards for carbon monoxide, nitrogen oxides, sulfur dioxide, and lead are in attainment within the City and the SSAB. SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet the state and federal ambient air quality standards. In March 2017, the SCAQMD approved the 2016 AQMP. The 2016 AQMP continues to evaluate current integrated strategies and control measures to meet the National Ambient Air Quality Standards (NAAQS) and explore new and innovative methods to reach its goals. The 2016 AQMP incorporates scientific and technological information and planning assumptions, including the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS), a planning document that supports the integration of land use and transportation to help the region meet the federal Clean Air Act (CAA) requirements. The EIR determined that the DSRT SURF Project would be consistent with SCAG projections, and therefore consistent with the AQMP. Coachella Valley PM10 State Implementation Plan PM10 emissions consist of fine suspended particles of ten microns or smaller in diameter, and are the byproducts of road dust, sand, diesel soot, windstorms, and the abrasion of tires and brakes. 29 The proposed Project area lies on the valley floor of the central Coachella Valley where wind erosion can be severe. The Project area and vicinity have a Very High Wind Erodibility Rating per figure 8.3 in the General Plan. Strong winds lift and transport large quantities of sand and dust and contribute to regional exceedances of PM10. The Coachella Valley has a history of elevated PM10 emissions and is subject to the 2003 Coachella Valley PM10 State Implementation Plan (CV PM10 SIP). The CV PM10 SIP includes control measures for the abatement of large particles by targeting construction and earth moving activities, disturbed vacant lands, unpaved roads and lots, paved road dust, and agriculture. To reduce the impacts of local fugitive dust and PM10 emissions, the City of Palm Desert adopted a Fugitive Dust (PM10) Control Ordinance (Chapter 24.12 of the Palm Desert City Municipal Code). The ordinance establishes minimum dust control requirements for construction and demolition activities, including: preparation and approval of a fugitive dust mitigation plan, reductions in vehicular speeds on unpaved roads and at construction sites, the application of chemical and/or vegetative dust suppressants and stabilizers, paving of parking lots and roadways, installation of wind fencing, vegetation of disturbed areas, and implementation of street and vehicle cleaning programs at construction sites. Local PM10 Air Quality Inspectors working for SCAQMD out of the Coachella Valley Association of Governments (CVAG) offices are tasked with monitoring and identifying development activities that are not meeting emission standards, and help educate developers and cities on meeting PM10 standards. Ozone and Regional Air Quality Management Plans Chapter 7 in the 2016 AQMP constitutes the ozone SIP for the 2008 8-hour ozone NAAQS, which addresses the current status of ozone air quality and provides the strategy toward future attainment of the federal 8-hour ozone standards in the Coachella Valley Construction Emissions Buildout of the 2019 DSRT SURF Project would 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 Project. Assumptions were based on buildout of the Specific Plan and represent potential maximum emissions. Due to the cumulative nature of assessing air quality impacts, the DSRT SURF air quality analysis addressed the entire Project as a whole and the combined impacts associated with the components listed below. • Surf Lagoon and Surf Center – demolition of existing parking lot, grading, excavation, soil export, construction, operational energy use, operational and construction-related vehicle and haul trips for soil export. o Assumes 12 special events per year for analysis purposes. • Hotel and Villas – grading, excavation, soil export, construction, operational energy use, operational and construction-related vehicle and haul trips for soil export. • Off-Site Improvements: o Stormwater Management – grading, excavation, potential soil export o Pool/Lagoon Discharge – grading, excavation, potential soil export o Golf Course Turf Reduction – soil disturbance 30 o Landscaping Improvements – soil disturbance o Special Events Parking – limited grading, paving, soil disturbance associated with landscape improvements o Soil Removal/Storage – soil export and storage Construction of the Project would require the export of approximately 103,000 cubic yards3 of surplus earthen material to the Classic Club, which has a designated fill site for excess soils and is located approximately 3.5 miles northeast of the subject property4. Therefore, it was assumed that each haul round trip would be approximately 7 miles. This represents a worse-case hauling distance, since the City may also allow the off-loading of Project-related soil export within vacant areas of the Desert Willow project, which are much closer than the 7 miles associated with the Classic Club location. Additional assumptions included: • Surf lagoon: 6-acre “recreation swimming pool” (CalEEMod terminology, model inputs have been adjusted to reflect Project specifics) • General Retail: 45,000 square feet. This includes the Surf Center and square footage for mechanical rooms, changing room, and other ancillary buildings proposed for Phase 1 • Restaurant/Bars: 11,250 square feet. This only accounts for Phase 1 restaurant space; however, CalEEMod assumes “hotels” will include restaurant space for Phase 2. • Hotel: 438 rooms (350 hotel rooms and 88 villas), assumes 500,000 square feet • Parking: 520 parking spaces, multi-level structure with elevator • Other asphalt: 1 acre for off-site parking and internal roadways The following table (Table 2.3-6 in the EIR) described pollutant emissions during construction of the DSRT SURF Project. Data represent maximum daily emissions expected over the 2-year buildout period. Table 3 Construction Emissions Summary 2019 DSRT SURF Project (lbs./day) CO NOx ROG SOx PM10 PM2.5 Max. Daily Emissions 64.85 92.32 65.90 0.14 9.58 6.11 SCAQMD Threshold* 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds Threshold No No No No No No Source: Table 2.3-6 of the EIR. The EIR determined that SCAQMD daily thresholds for CO, NOx, ROG, SOx, PM10 and PM2.5 would not be exceeded during construction of the 2019 DSRT SURF Project and construction-related emission impacts would be less than significant No mitigation measures were required. 3 Based on Project Grading Plan. Assumes grading of entire project (both Planning Areas). 4 CalEEMod assumes the average haul load is 20 tons (or 16 cy) per trip. 31 Long-term Operation Emissions Operational emissions are those released over the long-term life of the Project. They include emissions generated by area, energy, and mobile sources. Area sources include consumable products, such as building maintenance and cleaning supplies, kitchen and 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 EIR determined that 2019 Project-generated operational emissions would not exceed SCAQMD thresholds for CO, ROG, SOx, PM10, or PM2.5 during typical operations or special events. However, Project-generated NOx emissions will exceed SCAQMD thresholds during both types of operations, as shown in the table below (Table 2.3-7 in EIR). Table 4 Unmitigated Operational Emissions Summary 2019 DSRT SURF Project: Typical Operation vs. Special Events (lbs./day) CO NOx ROG SOx PM10 PM2.5 Typical Operation: Area 0.13 0.00 14.16 0.00 0.00 0.00 Energy 7.48 8.91 0.98 0.05 0.68 0.68 Mobile 129.16 107.65 12.85 0.45 26.60 7.35 TOTAL: 136.77 116.56 27.99 0.50 27.28 8.03 SCAQMD Threshold* 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds Threshold No Yes No No No No Special Event Operation: Area 0.13 0.00 14.16 0.00 0.00 0.00 Energy 7.48 8.91 0.98 0.05 0.68 0.68 Mobile 173.61 143.63 17.13 0.61 35.96 9.94 TOTAL: 181.22 152.54 32.27 0.66 36.64 10.62 SCAQMD Threshold* 550.00 100.00 75.00 150.00 150.00 55.00 Exceeds Threshold No Yes No No No No Source: Table 2.3-7 of the EIR. Projected NOx exceedances were largely associated with the number of vehicle trips expected to be generated at Project buildout. Approximately 94% 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, the EIR determined 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. However, the EIR determined that the elective use of alternative modes of transportation by Project patrons could not be confidently quantified and applied as a mitigation measure. Therefore, operational impacts would continue to exceed NOx emissions, and impacts would be significant and unavoidable. The City determined 32 that the social and economic benefits of developing the DSRT SURF Project outweighed the severity of these impacts, and Findings and a Statement of Overriding Considerations were adopted. Sensitive Receptors The EIR analyzed Localized Significance Thresholds (LST) to determine whether the 2019 DSRT SURF Project would generate significant adverse localized air quality impacts to the nearest exposed individual or sensitive receptor. The nearest sensitive receptors to the proposed Project are resort residences approximately 150 feet to the west, in the Westin Desert Willow villas project. The Mass Rate Look-Up tables for LSTs were used to determine if the Project would have the potential to generate significant adverse localized air quality impacts during construction. The LST for Source Receptor Area (SRA) 30 (Coachella Valley) was used to determine LST emission thresholds. The distance from the emission source and the maximum daily site disturbance also determines emission thresholds. For analysis purposes, the worst-case scenario of a sensitive receptor being within 25 meters was used. The EIR determined that LST thresholds are not expected to be exceeded for any criteria pollutant during construction. 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 were determined to be less than significant. Table 5 Localized Significance Thresholds 25 Meters, 5 Acres (lbs per day) CO NOx PM10 PM2.5 Construction 64.85 92.32 9.58 6.11 LST Threshold* 2,292.00 304.00 14.00 8.00 Exceed? No No No No Source: Table 2.3-8 of the EIR. Health Impacts The 2019 DSRT SURF would exceed NOx emissions under both typical operations and during special events. During typical operations, the Project traffic is expected to exceed NOx emissions by 16.56 lbs. per day. During special events, which is assumed to be 12 times a year, the Project traffic is expected to exceed NOx emissions by 52.54 lbs. per day. As it relates to health impacts, short-term exposure to NOx can result in airway constriction and diminished lung capacity and is highly toxic by inhalation. Populations living near roadways are more likely to experience the effects of nitrogen oxides due to elevated exposure to motor vehicle exhaust. The EIR determined that it is not scientifically possible to calculate the degree to which exposure to various levels of NOx emissions will impact an individual’s health with today’s technology. Although there is a scientific consensus that there are health risks associated with exposure to 33 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 were expected to be less than significant because the project is not located in proximity to a major roadway and will not be directly be exposed to concentrated vehicle emissions or elevated levels of NOx. However, for the reasons stated above, it is uncertain how the 2019 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 reality, the Project site will not reach capacity most days, especially in the winter months due to the seasonal nature of Project activities (surfing). Due to the limitations described above, the EIR determined that the extent to which the 2019 Project poses a health risk is uncertain but unavoidable. It is 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. Nuisance Odors Certain commercial and industrial land uses may have the potential to cause odor impacts, including fast food restaurants, photographic studios, and laundry facilities, and other industrial uses. The 2019 DSRT SURF Project has the potential to result in short-term odors associated with operation of heavy equipment during grading, excavation, and other construction activities. 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. Therefore, the EIR determined that impacts related to nuisance odors would be less than significant and no mitigation measures were required. Cumulative Impacts 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 and air management districts. Any activity resulting in emissions of PM10, ozone, or ozone precursors will 34 contribute, to some degree, to regional non-attainment designations of ozone and PM10. However, the level of cumulative impact a single project may have on regional air quality is difficult to measure. PM10 is regulated through the SCAQMD 2016 Air Quality Management Plan and 2003 PM10 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. The EIR determined the DSRT SURF Project would not exceed local daily thresholds for PM10 during construction or operation. Therefore, cumulative impacts to PM10 were considered less than significant. As previously discussed, operational NOx emissions could not be reduced through conventional mitigation measures. Because NOx is a precursor to ozone, impacts were considered Significant and Unavoidable and would have cumulatively considerable impacts to regional non-attainment designation for ozone. The City determined that the social and economic benefits of developing the 2019 DSRT SURF Project outweighed the severity of these impacts, and Findings and a Statement of Overriding Considerations were adopted. Mitigation Measures The following mitigation measures were identified to improve operational air emissions. However, even with the implementation of these identified measures, mobile NOx emissions will not be reduced to less than significant levels. As previously discussed, there are no feasible ways to mitigate for NOx emissions that are directly linked to a land use vehicle trip rate. Therefore, operational impacts will continue to exceed NOx emissions under the current analysis methods, and impacts will be significant and unavoidable. AQ-1 Electric Vehicle Charging Stations At least 6% of all vehicle parking spaces shall include EV charging stations and 8% of all vehicle parking spaces shall include designated parking for clean air vehicles. AQ-2 Delivery Vehicle Idling Time Delivery vehicle idling time shall be limited to no more than five minutes. For any delivery that is expected to take longer than five minutes, the vehicle’s operator shall be required to shut off the engine. The Project proponent shall notify vendors of these idling requirements at the time the delivery purchase order is issued and again when vehicles enter the facility. Signs shall be posted at entry to the facility’s delivery area stating that idling longer than five minutes is not permitted. AQ-3 Employee Commute Any employer than employs 250 or more employees at a work site, on a full or part- time basis, shall implement an Employee Commute Reduction Program (ECRP) under SCAQMD Rule 2202, On-Road Motor Vehicle Mitigation Option. 35 AQ-4 Paving and Roofing Materials Light-colored paving and roofing materials shall be utilized onsite, to the greatest extent practical. AQ-5 Energy Star Energy Star heating, cooling, and lighting devices, and appliances shall be installed onsite to the greatest extent practical. AQ-6 Sweepers Electric or alternatively fueled sweepers with HEPA filters shall be used onsite to the greatest extent practical. AQ-7 Lawn Maintenance Electric lawn mowers and leaf blowers shall be used onsite to the greatest extent practical. AQ-8 Cleaning Products Water-based or low VOC cleaning products shall be used to the greatest extent practical. AQ-9 Dust Control Plan: SCAQMD Rule 403.1 SCAQMD Rule 403 (403.1 specific to the Coachella Valley): A Dust Control Plan shall be prepared and implemented by all contractors during all construction activities, including ground disturbance, grubbing, grading, and materials import and export. Said plan shall include but not be limited to the following best management practices: • Treated and stabilized soil where activity will cease for at least four consecutive days; • All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; • Water site and equipment morning and evening and during all earth-moving operations; • Operate street-sweepers on impacted paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of construction; • Wash off trucks as they leave the project site to control fugitive dust emissions • Cover all transported loads of soils, wet materials prior to transport, provide freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation • Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. AQ-10 Off-Road Emission Standards It shall be required that all off-road diesel-powered construction equipment meets or exceeds the California Air Resources Board (CARB) and U.S. Environmental Protection Agency (USEPA) Tier 4 off-road emissions standards for equipment rated at 50 horsepower or greater during Project construction. 36 Analysis of the Proposed Project The EIR analyzed maximum daily emissions based on buildout of the 2019 Specific Plan. Similar to the EIR, air quality analysis considers the entire Project as a whole and the combined impacts associated with both on-site and off-site improvements and operations. The following provides a comparison of the assumptions made in the EIR versus proposed Project revisions. • Grading: o The EIR determined construction would require the export of approximately 103,000 cubic yards of surplus earthen material to the Classic Club, which has a designated fill site for excess soils and is located approximately 3.5 miles northeast of the subject property. o The proposed Project would assume the same quantities as site conditions have not changed since certification of the EIR. • Surf lagoon: o The EIR assumed buildout of a 6-acre surf lagoon per the Specific Plan. Details including water and energy demand were provided by the applicant. o The proposed Specific Plan does not change development standards of the lagoon and therefore the same CalEEMod assumptions would apply. The Precise Plan proposes a 5-acre lagoon, however 6-acres is assumed to represent potential maximum emissions. The same water and energy demand are assumed. • General Commercial: o The EIR assumed 45,000 square feet, including the Surf Center (not including the 8,000 square feet of restaurant space, which is accounted for under “Restaurant/Bars”) and square footage for mechanical rooms, changing room, and other ancillary buildings proposed for Phase 1. o The proposed Specific Plan reduces the overall commercial by approximately 3,000 square feet (removal of standalone surf center ancillary uses). Therefore, it can be assumed that impacts associated with the revised Specific Plan would have a comparable or less intense impact to air quality when compared to the 2019 EIR and that previous CalEEMod assumptions would still apply. The Precise Plan proposes 12,323 square feet of surf center facilities, including ticketing, retail, lockers, control tower, maintenance space, and board and wetsuit rentals. This represents a 27% reduction in retail spaces compared to the previously analyzed Project. • Restaurant/Bars: o The EIR assumed 11,250 square feet of restaurant/bar space which only accounts for Phase 1 restaurant space. The CalEEMod model assumed “hotels” would include restaurant space for Phase 2. o The proposed Specific Plan reduces the overall restaurant/bar space by removing the standalone east lagoon café and bar (up to 2,750 square feet). Therefore, it can be assumed that impacts associated with the revised Specific Plan would have a comparable or less intense impact to air quality when compared to the 2019 EIR and that previous CalEEMod assumptions would still apply. The Precise Plan 37 proposes approximately 3,271 square feet of restaurant/bar/grab and go cafe space, representing a 71% reduction in this space compared to the previously analyzed Project. • Hotel and Villas: o The EIR assumed the maximum Specific Plan buildout of 350 hotel rooms and 88 villas, and it assumes a combined total 500,000 square feet for analysis purposes. o The proposed Specific Plan does not propose limits or changes to hotel and villa development quantities and therefore the same CalEEMod assumptions would apply. The Precise Plan proposes 92 hotel rooms and 83 villas. The total gross building area for the hotel is 68,689 SF (84,363 square feet with amenity deck) and 168,529 square feet of villas (183,476 square feet with roof decks). Therefore, total hotel and villa building structure square footage would be approximately 237,218 square feet, representing a 52% reduction compared to the 2019 Project. • Parking: o The EIR assumed 520 parking spaces and a multi-level structure with elevator. o The proposed Specific Plan does not propose limits or changes to parking requirements, and therefore the same CalEEMod assumptions would apply. The Precise Plan proposes an above ground parking garage with elevator and 443 parking stalls. This represents a 14% reduction in parking compared to the previously analyzed Project. Construction Emissions The Specific Plan does not limit or change the maximum potential buildout assumptions made in the EIR, and impacts of maximum buildout potential of the site under the proposed Specific Plan would be virtually the same as those analyzed in the EIR. Construction on the property would still be phased, with lagoon and surf center construction occurring first, followed by villas and hotel construction. The Precise Plan would result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage, a 14% reduction in parking and the same off-site improvements compared to maximum buildout assumptions analyzed in the EIR. Therefore, emissions associated with buildout of the Precise Plan would be less intense than those previously analyzed in the EIR due to the reduction in overall development intensity and building square footage compared to maximum buildout of the Specific Plan. Similar to findings in the EIR, impacts related to criteria pollutant emissions during construction would be less than significant and no mitigation measures are required. Long-term Operation Emissions The Specific Plan amendment and proposed Project do not propose changes to operations or the frequency and size of special events when compared to that analyzed in the EIR. Therefore, impacts would be the same as those analyzed in the EIR. As previously discussed, the EIR determined that Project-generated operational emissions would not exceed SCAQMD thresholds for CO, ROG, SOx, PM10, or PM2.5 during typical operations or special events. However, Project- generated NOx emissions will exceed SCAQMD thresholds during both types of operations due to mobile trips. The City adopted Findings and a Statement of Overriding Considerations finding that significant adverse effects are acceptable because expected benefits of 2019 DSRT SURF Project 38 outweigh unavoidable adverse environmental impacts associated with the marginal increase in daily NOx emissions. The Project has not substantially changed, and the adopted Findings apply to the revised Project currently proposed. The proposed Precise Plan, as described above, will reduce the number of hotel rooms and villas analyzed in the EIR, and will result in lower air emissions than that analyzed in the EIR. The proposed Project will be subject to the Mitigation Measures included in the EIR. Although impacts associated with NOx emissions may exceed SCAQMD thresholds, the benefits of the Project, being equivalent to those analyzed in the EIR, outweigh the impacts, and the revised Project can rely on the adopted Findings and Statement of Overriding Considerations. Consistency with Air Quality Management Plans The proposed Project site is located within the Salton Sea Air Basin (SSAB) and will be subject to SCAQMD’s 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM10 State Implementation Plan (2003 CV PM10 SIP). The AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The proposed Project and Specific Plan amendment are consistent with the General Plan land use designation and approved 2019 Specific 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. Therefore, it is expected that the proposed Project will result in emissions consistent with those anticipated in the 2016 AQMP. In addition, projects that are consistent with the projections of population forecasts in the 2016 RTP/SCS are considered consistent with the AQMP. The proposed Project is consistent with the City’s land use designations and would not impact population, as employees of the proposed Project are expected to be residents of the City and region and the villas are anticipated to be for vacation purposes and for permanent residents. The site’s land use designation allows for permanent residency; therefore, the AQMP has already accounted for a slight population increase for the site. 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. Actions include, but are not limited to, the preparation of a standard dust control management plan in compliance with the CVSIP. In conclusion, consistent with the findings of the EIR, 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. Health Impacts The proposed Specific Plan does not increase land use intensities or change development standards from those previously analyzed in the EIR, and therefore health related impacts are anticipated to be the same or less intense. The EIR determined that the extent to which the Project poses a health risk is uncertain but unavoidable. It is anticipated that impacts associated with NOx will be less than than that analyzed in the EIR overall, and will only pose a significant risk during summer special events due to the seasonal nature of Project activities, thus generating fewer vehicle trips. 39 CO Hot Spot Analysis A CO Hot Spot is a specific location where sensitive receptors are exposed to high localized concentrations of CO. Motor vehicles, and traffic-congested roadways and intersections are the primary source of high localized CO concentrations. SCAQMD recommends an evaluation of potential localized CO impacts when a project causes the level of service (LOS) at a study intersection to worsen from C to D, or if a project increases the traffic volume (or demand) to capacity (V/C) ratio at any intersection rated D or worse by 2 percent or more. Level of Service (LOS) is a qualitative measure used to define the performance of a roadway system. Currently, the desired and optimal level of service for intersections and roadway segments within the City is LOS C; however, LOS D is considered the generally acceptable service level.5 Although the EIR did not provide a specific discussion of CO Hot Spot analyses, impacts can be inferred from results of the 2019 Project-specific Traffic Impact Analysis (TIA). The TIA determined that all 12 studied intersections were operating at acceptable LOS during one or more peak hours, except for the intersection at Cook Street and Market Place Drive, which is operating at LOS F during the PM peak hour only. The EIR determined that with installation of a traffic signal (Mitigation Measure TRANSP-1), the Cook Street and Market Place Drive intersection will operate at an acceptable LOS under all buildout scenarios. Expansion of the eastbound left turn lane on Market Place Drive at Cook Street to a minimum of 165 feet (Mitigation Measure TRANSP-2) would also reduce Project impacts at this intersection. With mitigation, the EIR determined that none of the studied intersections would meet the evaluation criterion for a hot spot analysis, and therefore, the DSRT SURF Project (2019 or proposed) would not result in the creation of a CO hotspot. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations as the result of Specific Plan traffic, and impacts would remain less than significant. Nuisance Odors The Project does not propose land uses that cause odor impacts, such as fast-food restaurants, photographic studios, and laundry facilities, and other commercial and industrial uses. 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. Similar to findings in the EIR, impacts related to nuisance odors would be less than significant and no mitigation measures are required. Summary of Impacts Implementation of the Specific Plan amendment and proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact than those analyzed in the EIR. Overall impacts are expected to be less than those previously identified in the EIR due to the reduction in overall development intensity and square footage proposed in the Precise Plan. Therefore, implementation of the proposed Project and Specific Plan amendment would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 5 Palm Desert General Plan (DEIR) – Page 4.15-14, The City of Palm Desert, 2016. 40 3.4. BIOLOGICAL RESOURCES Summary of Findings in the EIR The EIR included a comprehensive analysis of special-status and sensitive species, local habitats and vegetation communities, and jurisdictional waters in the Project area, including the Project site. The Project site lies at an elevation of 247 to 263 feet above mean sea level and is surrounded by a mix of golf resort development, residential areas, and commercial operations of the existing Desert Willow Golf Resort. It consists of three parcels: the two northern parcels consist of existing parking lots and have no native vegetation, while the southerly 14.65-acre parcel had been significantly impacted by development activities, including grading and the installation of irrigation systems. This parcel did contain some native vegetation dominated by brittle bush scrub. However, its disturbed condition results in poor quality native habitat. The Project site is within the boundaries of the CVMSHCP/NCCP but is not within any designated Conservation Area. The Project site does not contain wetlands or riparian areas and therefore no impacts would occur. Soils According to the EIR, the Project site contains two distinct types of soils • Myoma fine sand (MaB) – A nearly level soil (0 to 5 percent slopes) that is found on alluvial fans, lacustrine basins, and flood plains of the Coachella Valley. This soil type is found on nearly all of the Project site, except the southeasterly edge. • Myoma fine sand (MaD) – A moderately sloping to rolling soil (5 to 15 percent slopes) that is found on dunes and alluvial fans. This soil type is found along the southeasterly edge of the Project site. Vegetation Communities and Flora Species A total of twenty-three (23) plant species were identified during the field survey, which occurred on July 18, 2018. The vegetation that occurs on the project site most closely resembles Desert Scrub, dominated by brittle bush scrub (Encelia farinosa). Other native plants observed include: scattered broom baccharis (Baccharis sarothroides), California croton (Croton californicus), scalebroom (Lepidospartum squamatum), Emory’s indigo bush (Psorothamnus emoryi), and desert twinbugs (Dicoria canescens). Wildlife During the reconnaissance survey in 2018, a total of thirteen (13) vertebrate wildlife species (twelve birds and one reptile) and eight dragonfly species were detected. Among the bird species observed were western kingbird (Tyrannus verticalis), Berwick’s wren (Thryomanes bewickii), common raven (Corvus corax), greater roadrunner (Geococcyx californianus), and Costa’s hummingbird (Calypte costae). No nesting birds were detected. One reptile, the desert iguana (Dipsosaurus dorsalis), was observed, and other common species, 41 including side-blotched lizard (Uta stansburiana) and Great Basin whiptail (Aspidoscelis tigris tigris), not seen during the site survey are likely to occur in the survey area. None of these are sensitive species. Given the disturbed nature of the site, including conversion to asphalt parking areas, clearing, and installation of irrigation systems, the site is an island of poor-quality habitat surrounded by non-native developed areas. This results in poor habitat for native species, as many of these species require natural habitats of better quality. Sensitive Species A literature review was conducted to identify sensitive biological resources known from the Project vicinity. The results indicated that there is a potential for as many as 43 sensitive species to occur in the Project vicinity. As indicated in the EIR, many of the species known to occur in the general Project area are not expected to occur onsite or have “Very low” to “Low” occurrence probabilities due to lack of habitat, incorrect elevational range, degraded nature of the site, or other reasons. No sensitive species were observed or detected on the Project site during the biological survey. Project Impacts Construction of the Project would result in the direct disturbance and/or removal of soils, vegetation, and plant and animal species occupying the site. Development of the surf lagoon and surf center will involve demolition of the existing parking lot, grading of 11.85 acres, and construction of the lagoon, buildings, and associated improvements. Development of the hotel and villas will result in grading and construction on 5.84 acres. Off-site improvements, including those for stormwater management, golf course turf reduction and overflow parking would all occur on areas current disturbed and containing ornamental plantings. The development of the Project will result in the disturbance of the entire site and areas where there will be off-site improvements. Impacts to biological resources would be consistent across all components of the proposed Project. The EIR determined that due to 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 Project to adversely impact sensitive biological species. Furthermore, the Surf Lagoon component of the Project will operate daily from 6 AM to 12 AM, resulting in constant motion on the surf lagoon. This water activity, combined with the human activity associated with surfers, will prevent water fowl from taking up residence in the Surf Lagoon. No sensitive plant species were observed or detected on the Project site during the biological field survey. The following sensitive plant species were found to have a very low or low potential to occur on the Project site: 1) Coachella Valley milk-vetch, 2) Glandular ditaxis, 3) Abrams’ spurge, 4) Flat-seeded spurge, and 5) slender cottonheads. However, only marginally suitable 42 habitat occurs onsite, and due to the degraded nature of the site, Project-related impacts would be less than significant. Further, Coachella Valley milk-vetch and Glandular ditaxis are covered species under the CVMSHCP, and any Project-related impacts to them would be further mitigated through the payment of standard CVMSHCP developer impact fees (EIR Mitigation Measure BIO- 1). No sensitive wildlife species were observed or detected onsite during field surveys. The following sensitive wildlife species were found to have a very low or low potential to occur onsite: 1) prairie falcon, 2) loggerhead shrike, 3) black-tailed gnatcatcher, 4) burrowing owl, 5) vermilion flycatcher, 6) pocketed free-tailed bat, and 7) Western yellow bat. However, their occurrence potential is very low to low given a lack of suitable habitat onsite. Prairie falcon, loggerhead shrike, and black-tailed gnatcatcher would have no to low potential for nesting due to lack of suitable habitat, but could forage over the site. Pocketed free-tailed bat has a low potential to forage over the site, but would not be expected to roost onsite due to the lack of roosting habitat. In addition, Western yellow bat is a covered species under the CVMSHCP, and any potential Project-related impacts to it would be mitigated through payment of standard CVMSHCP developer impact fees. 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. A focused burrowing owl survey was not performed as part of the survey effort. According to the California Department of Fish and Wildlife, projects not in a Coachella Valley MSHCP Conservation Area (the proposed Project site is not in a MSHCP Conservation Area) do not require burrowing owl protocol surveys, according to the Coachella Valley MSHCP Section 9, Burrowing Owl, page 9- 143. However, they are still required by law (DFW codes and MBTA) to avoid take of burrowing owls. The EIR determined that Project-related impacts to the species will be mitigated through implementation of EIR Mitigation Measure BIO-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 (EIR Mitigation Measure BIO-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. Summary The EIR determined that the 2019 Project would result in less than significant impacts to biological resources with implementation of Mitigation Measures BIO-1 through BIO-3 set forth in the EIR. Development conducted in adherence to these mitigation measures and existing federal, state, and City regulations would ensure potential impacts are reduced to less than significant levels. 43 Mitigation Measures BIO-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. BIO-2 MBTA Compliance For any grading or other site disturbance or tree or vegetation removal occurring during the nesting season between February 1st and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if 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 . BIO-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. Analysis of the Proposed Project Specific Plan and Precise Plan Implementation of the proposed Specific Plan amendment and buildout of the currently proposed Project would not significantly change impacts to biological resources, because the Project site would be expected to be graded and fully disturbed under either the 2019 Project or the proposed Project. The implementation of either Project would result in similar impacts, and therefore less than significant impacts on biological resources with adherence to Mitigation Measures BIO-1 through BIO-3 set forth in the EIR. The Project does not propose a land use designation change that would convert protected or open space lands to urban uses. The site is not located in a Conservation Area as defined by the CVMSHCP, and is subject to the payment of mitigation fees as identified in the EIR. The Project site does not contain wetlands or riparian areas, and is not suitable as a migratory corridor because the site is surrounded by development on all sides. This would be true under either the existing or proposed Project. 44 Off-Site Improvements The Project does not propose changes to off-site improvements previously analyzed in the EIR. Being that no changes are proposed, impacts associated with off-site improvements would be the same as previously identified in the EIR. Buildout of off-site improvements would not result in any new adverse impacts or significantly increase the severity of previously identified significant impacts in the certified EIR. Therefore, impacts are considered less than significant. Summary Overall, the proposed Project will not result in any new significant impacts or increase the severity of impacts already identified in the EIR with implementation of Mitigation Measures BIO- 1 through BIO-3 set forth in the EIR. Development conducted in adherence to these mitigation measures and existing federal, state, and City regulations would ensure potential impacts are reduced to less than significant levels, consistent with the findings of the EIR. 3.5. CULTURAL AND TRIBAL RESOURCES Summary of Findings in the EIR Historic Resources According to the EIR, roughly 40% of land within the one-mile radius of the Project site had been included in previous cultural resources studies completed over the past 30 years. Results of the Eastern Information Center (EIC) records search identified a total of 2 recorded cultural resources - one archaeological site and one isolate - within a one-mile radius of the site. Site 33-005080 (CA-RIV-5080) consists of small ceramic scatter and is located approximately a quarter-mile northwest of the Project area. The isolate, 33-012698, is comprised of a pottery sherd and a mano fragment located nearly three quarters of a mile to the northeast. Neither resource would be impacted by the Project. The previous cultural resource study that included the Project site was completed in 1993 and involved an intensive-level survey of approximately 500 acres that now hold the existing Desert Willow Golf Resort. The 1993 survey noted the remains of 15 buildings constructed between 1952 and 1960 as being within the surveyed site. Two of those buildings were located within the currently proposed Project boundaries, but they were not formally recorded since they were less than 45 years old at the time. These buildings were “jackrabbit homesteads,” a term used to describe homes that were built rapidly as a result of post-WWII streamlining of the Small Tract Act of 1938. The 2018 cultural resource site survey conducted for the 2019 Project found that the two buildings and their remains are no longer visible onsite. The parking lot that is currently onsite was built between 2009 and 2011, but the remainder of the property has remained undeveloped. Therefore, the EIR determined that both on- and off-site improvements associated with the 2019 DSRT SURF Project would have no impact on historical resources because no such resources occur onsite. 45 Archaeological Resources 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. The EIR found that although the site has been previously graded, features or artifacts of prehistoric origin may be uncovered during Project development, particularly since excavation for parking structure and pool and lagoon backwash drainage structure construction will be at greater depths than previously occurred. The EIR determined that this would represent a potentially significant impact. To reduce the impact, 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 CEQA Guidelines § 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. Overall, the EIR found that impacts to archaeological resources pursuant to § 15064.5 would be mitigated to less than significant levels through implementation of Mitigation Measures CUL-1 and CUL-2. Human Remains The subject site and off-site improvement locations do 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. During site excavation, California Health and Safety Code Section 7050.5 requires that all excavation stop, and that the County coroner inspect the site if remains are uncovered. 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 in the EIR, would assure that impacts associated with human remains are less than significant. Tribal Resources AB 52 and SB 18 require that the consultation process between local and tribal governments begin prior to the release of an environmental impact report, negative declaration, or mitigated negative declaration. On February 8, 2019, the City of Palm Desert distributed AB 52 and SB 18 consultation letters for the Project to each of the following 13 Native American tribes identified by the NAHC as having traditional lands or cultural places within City boundaries. Written responses were received from 2 tribes. The Morongo Band of Mission Indians deferred to the Agua Caliente Band of Cahuilla Indians (ACBCI), and the ACBCI requested copies of cultural reports and site records. Tribal representatives indicated that the site does not contain any tribal cultural resources. 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. The inclusion of construction staff training, and the requirement for monitoring should resources be identified, will reduce these potential impacts to less than significant levels with implementation of Mitigation Measures CUL-1 and CUL-2. 46 Summary The cultural resources survey conducted for the DSRT SURF Project in 2018 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 were 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 were identified onsite. The potential for buried artifacts or resources to be unearthed during Project development exists; however, potential impacts would be mitigated to less than significant levels through implementation of mitigation measures. Mitigation Measures 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. 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. 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). 47 Analysis of the Proposed Project Specific Plan and Precise Plan The majority of the proposed Project site is currently vacant, with the exception of the Desert Willow parking lot at the northern portion of the site, and contains sparse native vegetation. The proposed Project will disturb the same area of land as that analyzed in the EIR. Excavation activity will be similar, and somewhat reduced from that analyzed in the EIR, insofar as the subterranean parking garages proposed for the 2019 Project are not proposed under the current Precise Plan. No historical, archaeological, or tribal resources were identified during the 2018 site survey. Development under either the 2019 Project or proposed Project would result in grading of the entire site, disturbance of off-site improvement locations, and equivalent earth moving activities. Impacts would therefore be identical under either condition. Should cultural resources be located on the site during grading and excavation, the impacts to these resources would be considered significant. In order to reduce these impacts to less than significant levels, the proposed Project will be required to implement Mitigation Measures CUL-1 through CUL-3 set forth in the EIR. Consultation was undertaken by the City for the proposed Project, and one letter was received from the ACBCI, requesting copies of the cultural resources reports. The Tribe was sent the reports and the EIR, and no further communication has occurred. The Tribe was satisfied with the mitigation measures provided in the EIR, insofar as they would mitigate any potential resources uncovered during Project construction. Summary Overall, the proposed Project will not result in any new significant impacts or increase the severity of impacts already identified in the EIR. Development conducted pursuant to the mitigation measures set forth in the EIR, and in adherence to existing federal, state, and City regulations will ensure potential impacts associated with cultural resources are reduced to less than significant levels. 3.6. ENERGY Summary of Findings in the EIR Primary energy sources include nuclear energy, fossil energy (oil, coal and natural gas) and renewable sources like wind, solar, geothermal and hydropower. These primary sources are converted to electricity, a secondary energy source, which flows through power lines and other transmission infrastructure to developments. Electricity The Project site is located within the SCE service area which covers approximately 50,000 square miles and serves approximately 4.4 million residential service accounts and 520,000 commercial service accounts. The California Energy Commission estimated that the total electricity consumption for Riverside County was 15,906.31 million kWh in 2017.6 According to the Palm 6 California Energy Commission - California Energy Consumption Database for Riverside County, total electricity consumption for 2017. 48 Desert Greenhouse Gas Inventory Update, city-wide electricity usage in Palm Desert in 2013 was 756,834,386 kWh7. This includes all electricity consumed by municipal buildings, residential, commercial, and industrial land uses, and resorts and golf courses, combined. The report had not been updated at the time of the EIR, and a more recent estimate was not available. However, it can be assumed that current (2019) electricity usage per capita will be comparable to 2013, if not less, due to the increased energy efficiency standards of the California Building and Energy Codes. Currently, the Project site is predominantly undeveloped and not using any electricity. A negligible amount of electricity is used by pole-mounted lights in the existing parking area. SCE distribution lines are located in proximity to Project site, from Portola Avenue, bordering Desert Willow Resort on the west, through Desert Willow Westin Villas, and along the northerly boundary of the Project site toward Desert Willow Drive and the existing clubhouse. Electricity consumed during Project construction of both on-site and off-site improvements would vary throughout the construction period based on the construction activities being performed. Activities requiring electricity could include powering outdoor security or worksite lighting, operation and charging of electronic equipment, and powering a temporary worksite office or trailer. Such electricity demand would be temporary, nominal, and would cease upon the completion of construction. Overall, electricity will not be the primary energy source used during construction. Instead, the use of equipment fuels such as diesel and petroleum will be the primary energy source, and impacts from consumption of electricity during construction would be less than significant. During operation of the Project, energy would be consumed for multiple purposes including, but not limited to, heating/ventilating/air conditioning (HVAC), refrigeration, lighting, electronics, office equipment, residential and commercial machinery (including kitchen appliances), and swimming pool operations, including wave generation at the surf lagoon. Off-site improvements are limited to utility infrastructure expansion and landscaping improvements. Such improvements will not generate an operational demand for electricity and therefore have no impact on the electrical grid. According to the CalEEMod outputs and Lagoon specific utility data8, the 2019 Project would consume approximately 21,711,725 kWh per year of electricity. This represents a 2.87% increase in annual city-wide kWh usage. The 2019 Project proposed 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% of the city’s total annual electricity demand. In addition, adherence to current 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 EIR determined the 2019 Project would not result in wasteful, inefficient, or 7 Palm Desert Greenhouse Gas Inventory 2013 Update. 8 Per the Project-specific lighting plan, pole/tower lighting for the lagoon will have a max load of 39 kw for 7 hours per day (night lighting) for 365 days per year, totaling 99,645 kWh/yr. The average wave machine requires a maximum average load of 1,622 kw for 18 hours a day for 365 days per year, totaling 10,656,540 kWh/yr. 49 unnecessary consumption of electrical energy resources during project operation. Construction and operation-related electricity impacts associated with the surf lagoon, surf center, hotels, villas, and off-site improvements would be less than significant. Natural Gas According to the Palm Desert Greenhouse Gas Inventory Update, city-wide natural gas consumption totaled 17,532,930 therms in 20139. This includes natural gas consumed by residential, commercial, and industrial land uses, and resorts and golf courses. The report had not been updated at the time of the EIR, and a more recent estimate was not available. However, similar to statewide predictions, it can be assumed that the annual consumption of natural gas per capita within the City of Palm Desert would be comparable to 2013 or would decline. The Project site does not currently consume any natural gas. Construction of the 2019 Project typically would not involve the consumption of natural gas. Construction would, however, involve installation of new natural gas connections to serve 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. The use of natural gas during Project construction would not be wasteful, inefficient, or unnecessary. Construction-related impacts to natural gas supplies and infrastructure were determined to be less than significant. Operation of the Project would consume natural gas for heating, cooking, and powering equipment such as furnaces. According to the CalEEMod outputs and Lagoon specific utility data, operation of the Project at buildout would consume approximately 331,811 therms per year of natural gas, which is equivalent to a 1.89% increase in annual City-wide therm usage. Adherence to current California Building Code and Energy Code standards would ensure the most energy efficient technologies and practices are used for the development and operation of the 2019 Project. The EIR found that the Project would not result in wasteful, inefficient, or unnecessary consumption of natural gas energy resources during project operation. Transportation Energy According to the Palm Desert Greenhouse Gas Inventory Update, there were 510,875,864 vehicle miles traveled in Palm Desert in 2013. This includes both the municipal fleet and community- wide miles traveled. It should be noted that the original 2008 inventory reported an annual VMT of 368,694,193, which represented a 35% increase in VMTs but only a 2% increase in CO2e emission. This difference in emissions is attributed to increased vehicle fuel efficiency standards meaning less fuel energy is required for increased VMTs. The undeveloped portion of the Project site currently generates no VMT. Fuel consumed by construction equipment, such as petroleum and diesel, would be the primary energy resource expended over the course of construction, and VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty construction equipment associated with construction 9 Palm Desert Greenhouse Gas Inventory 2013 Update. 50 activities, as well as haul trucks involved in moving dirt around the project area, would rely on diesel fuel. Construction workers would travel to and from the project area throughout the duration of construction. The EIR assumed that construction workers would travel to and from the project area in gasoline-powered vehicles. According to the CalEEMod outputs generated for air quality analysis, it was assumed that worker trip lengths were 11 miles, vendor trip lengths 5.4 miles, and hauling trip lengths 3.5 miles. Based on the number of trips required to complete project construction that were generated by the CalEEMod software, combined VMTs for workers, vendors, and hauling would be 39,732 miles. Overall, petroleum and diesel use during construction would be temporary and minimal and would not be wasteful or inefficient. Construction-related transportation energy impacts associated with the surf lagoon, surf center, hotels, villas, and off-site improvements would be less than significant. During operation, the 2019 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 was 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. For analysis purposes, the EIR assumed that the average daily trip length was 25 miles. This accounts for local residents who are estimated to travel approximately 15 miles to the Project site from within the Coachella Valley, and out of town visitors who are estimated to travel further to the Project site from outside the valley. Based on this estimate, the Project could potentially generate 12,213,217 VMTs. This represents a 2.4% 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. Although the 2019 Project will result in a direct increase in VMTs, the EIR found that 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 were determined to be less than significant. State and Local Energy Efficiency Plans The 2019 Project would be designed, built and operated in accordance with all existing, applicable regulations that would serve to reduce energy demand and avoid conflict with any applicable energy standards, including energy conservation standards. Such regulations and standards included 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. The 2019 Project included the installation of solar panels to reduce energy use in the surf center and might include solar installation in the hotel and villa component. The EIR found that the Project will not interfere with any state or local plan that promotes renewable energy or energy efficiency. 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. 51 Summary For the reasons described above, the EIR determined the 2019 DSRT SURF Project would not place a substantial demand on regional energy supply or require significant additional capacity, or significantly increase peak and base period electricity demand, or cause wasteful, inefficient, and unnecessary consumption of energy during project construction, operation, and/or maintenance, or preempt future energy development or future energy conservation. Therefore, this impact would be less than significant. Analysis of the Proposed Project Electricity Under both buildout scenarios (2019 and proposed), electricity would be consumed during construction and would vary throughout the construction period based on the construction activities being performed. Such electricity demand would be temporary, nominal, and would cease upon the completion of construction. During operation, electricity will be used for multiple purposes including but not limited to air conditioning, lighting, electronics, refrigeration and other kitchen appliances, powering the lagoon machinery, equipment and ancillary facilities. The EIR analyzed maximum buildout potential under the 2019 Specific Plan, and because the Project does not propose changes to the Specific Plan that would increase development intensities and maximum buildout potential, electricity impacts would be comparable to those analyzed in the EIR. The Precise Plan would result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage. Therefore, demand for electricity generated by the proposed Precise Plan would further reduce future energy demands of the site. Adherence to current California Building Code and Energy Code standards, which are more stringent than those in place when the EIR was prepared, will ensure the most energy efficient technologies and practices are used for the development and operation of the Project. The Project reduces the use of electricity analyzed in the EIR, and therefore impacts remain less than significant. Natural Gas Construction of the Project site under any buildout scenario typically would not involve the consumption of natural gas. Construction would, however, involve installation of new natural gas connections to serve the Project site, and would be required under both buildout scenarios. As determined in the EIR, the use of natural gas during construction would not be wasteful, inefficient, or unnecessary. Operation of the proposed Project would consume natural gas primarily for heating and cooking and powering equipment such as furnaces. The EIR analyzed maximum buildout potential under the 2019 Specific Plan, and because the Project does not propose changes to the Specific Plan that would limit or increase development intensities and maximum buildout potential, natural gas impacts would be comparable to those analyzed in the EIR. 52 The Precise Plan would result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage. Therefore, it can be assumed that demand for natural gas would further reduce future energy demands of the site. Adherence to current 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 reduces the amount of natural gas analyzed in the EIR, and therefore impacts remain less than significant. Transportation Energy Under both buildout scenarios (2019 and proposed), transportation energy would be consumed during construction and would vary throughout the construction period based on the construction activities being performed. During construction, petroleum and diesel would be the primary fuel source consumed by construction equipment, material hauling equipment, and worker commutes. It is assumed that construction equipment would consume the most diesel fuel, while worker commutes would consume the most gasoline traveling to and from the project area in their private vehicles. Similar to assumptions made in the EIR, it is expected that most construction workers will live locally, which would minimize the need for long commutes and limit fuel consumption. Overall, petroleum and diesel use during construction of both on-site and off-site improvements would be temporary and minimal and would not be wasteful or inefficient. During operation, the Project would result in the consumption of petroleum-based fuels related to vehicular travel to and from the Project site. The EIR analyzed maximum buildout and operational potential under the Specific Plan, and because the Project does not propose changes to the Specific Plan that would limit or increase daily operations or special events, impacts from vehicular travel would be comparable to those analyzed in the EIR. Development plans for the proposed Precise Plan would result in 258 fewer hotel rooms and 5 fewer residential villas than those assumed for maximum site buildout, which would reduce VMTs. The Precise Plan reduces the vehicle trips analyzed in the EIR, and therefore impacts associated with transportation energy will remain less than significant. Summary of Impacts Buildout of the site would be subject to the same General Plan policies, programs, and current SCAQMD Rules and Regulations analyzed in the EIR. Implementation of the proposed Project would not result in any new impacts or increase the severity of a previously identified impact as analyzed in the EIR. Overall impacts are expected to be less than those identified in the EIR due to the reduction in overall building space proposed in the Precise Plan. Therefore, implementation of the proposed Project and Specific Plan amendment would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 53 3.7. GEOLOGY/SOILS Summary of Findings in the EIR The Project area is located in the Colorado Desert Geomorphic Province. More specifically, the City is located within the central portion of the Coachella Valley where elevations range from approximately 5,100 feet above mean sea level (AMSL) in the Santa Rosa Mountains, to a low of about 60 feet AMSL in the Bermuda Dunes area. The City is primarily located on the desert floor, at an elevation of approximately 250 feet AMSL. Fault Rupture (Primary Seismic Hazard) The Project planning area is located within the central portion of the Coachella Valley, which is a rift valley associated with the San Andreas Fault System in Southern California. The valley is located in the northwestern portion of the Salton Trough, a tectonic depression roughly 130 miles long and 70 miles wide that extends from the San Gorgonio Pass to the Gulf of Mexico. No portion of the City is located within a fault zone, as defined by the Alquist-Priolo Act. Based on information from the California Geological Survey, no known major active faults are located in the City. According to the EIR, the closest active faults to Palm Desert are the San Andreas fault, located approximately 4 miles to the north; the San Jacinto fault, located 10 miles to the southwest; and the Elsinore fault, located 30 miles to the southwest. These faults are capable of generating earthquakes of magnitude >5.0; however, fault rupture is not expected on the Project site Seismic Groundshaking (Primary Seismic Hazard) The Project site is located in a seismically active region where earthquakes originating on local and regional seismic faults can produce severe ground shaking. Although no active faults run through the City, Palm Desert’s soils and geologic characteristics result in other potential secondary seismic hazards. The Modified Mercalli Intensity scale describes the magnitude of an earthquake in terms of actual physical effects. Six historic seismic events (M 5.9 or greater) have significantly affected the Coachella Valley region in the past 100 years. To address seismic hazards, the City has codified the 2016 CBC in Municipal Code Section 15.24.010, which requires that 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% chance of being exceeded in 50 years. The Project is 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. To further minimize ground shaking and strengthen the building foundations, the site-specific Geotechnical Investigation Report for the 2019 Project included 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 54 construction measures to minimize potential damage to proposed structures if strong seismic ground shaking is encountered. GEO-13 requires compaction of up to 90% to minimize cracking of concrete flatworks. Adherence to the CBC, California seismic design requirements, the City’s Municipal Code, and the mitigation measures set forth in the EIR would ensure potential impacts related to seismic groundshaking would be less than significant. Expansive and Collapsible Soils (Primary Seismic Hazard) Expansive soils, also referred as swelling soils, are soils that have a tendency to increase in volume with an increase in the moisture content. These soils swell when water is added to them and shrink when they dry out. Foundations with swelling soils will heave and can cause lifting of a building or structure when the moisture content rises. This can ultimately lead to the failure of foundations and structures. No specific expansive soil area is identified in the City. Collapsible soils are unsaturated soils that exhibit a high strength when dry but experience a large and rapid volume reduction upon saturation, which can result in substantial structural damage. Alluvial and aeolian sediments in the City have the potential for settlement and collapse even under relatively low loads. The surface soils on the Project site consist of silty sand, which has very low collapse potential.10 The site is located on relatively flat ground but could be subject to slope instability, collapse, or slumping during an earthquake, particularly in areas where excavation would be required, including both the subsurface parking garage and 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. Due to a lack of expansive soils onsite, the proposed Project would not create a substantial risk to life or property. With implementation of these mitigation measures, the EIR found that impacts will be reduced to less than significant levels. Subsidence In the Coachella Valley, the main source of ground subsidence has been associated with the pumping of groundwater. Beginning in the late 1940s, pumping of groundwater resulted in water-level declines of as much as 15 meters. Since 1996, the U.S. Geological Survey (USGS) and Coachella Valley Water District (CVWD) have investigated land subsidence associated with groundwater level declines. Results show that the land surface subsided about 220 to 600 millimeters (0.72 to 1.97 ft) in three areas of the Coachella Valley near Palm Desert, Indian Wells, and La Quinta; the subsidence is associated with areas of substantial and on-going groundwater pumping.11 The potential for groundwater extraction-related ground subsidence is considered to 10 Shalaby, S.Ibrahim: Potential Collapse for Sandy Compacted Soil During Inundation. International Journal of Innovative Science, Engineering and Technology, Vol. 4 Issue 5, May 2017. 11 Land Subsidence, Groundwater Levels, and Geology in the Coachella Valley, California, 1993–2010 by Michelle Sneed, Justin T. Brandt, and Mike Solt. 55 be limited due to reduction in pumping in these areas and replenishment of regional groundwater aquifers with imported water. As discussed in the EIR, the surf lagoon and surf center facilities would require approximately 88.32 AFY of domestic water and the hotel and villas portion of the site would require approximately 76.89 AFY of water, for a total of 165.21 AFY. After applying the water demand offsets associated with implementation of the proposed turf reduction program at the Desert Willow Golf Course (106.75 AFY), the net total water demand for the Project is expected to be 58.46 AFY. The EIR identified that the Project will provide water for the surf lagoon in one of three ways: installation of a new groundwater well at the southeastern corner of the site; connection to the existing Desert Willow groundwater well located south of the site near Country Club Drive; or utilization of the potable water from CVWD. Water demand for the surf lagoon is 73.04 AFY, which represents 0.00025% of total water in storage. If the Project installs a new groundwater well on the site, the groundwater well will be metered and in compliance with requirements of the Regional Water Quality Control Board (RWQCB). Other components of the Project will be connected to CVWD’s water distribution system. If the Project connects to the existing Desert Willow groundwater well located south of the site near Country Club Drive, then the project would require construction and extension of underground pipes to supply approximately 73.04 AFY per year. Otherwise, CVWD would provide approximately 73.04 AFY per year of water for the surf lagoon. Overall, the EIR determined that no excessive withdrawal of water was anticipated at the site, and the potential for subsidence was considered low. Consequently, impacts from subsidence, liquefaction or collapse would be less than significant. Soils and Geologic Units According to the EIR, the majority of the City is underlain by fine drained sand of alluvial and aeolian deposition. During the Project-specific Geotechnical Investigation, approximately 2 to 3 feet of fill/disturbed soil was encountered whose composition and appearance varied throughout the depth of bores; however, density increased with depth. The artificial fill and native sandy soil encountered at the site are generally dry throughout and grayish brown in color. Wind/Soil Erosion Hazard The City of Palm Desert faces exposure to potential erosion hazards due to wind. Due to sparse desert vegetation, little groundcover exists to hold materials in place which accelerates the soil erosion at the surface. The sand dunes along Interstate 10 and the Whitewater River are the two most significant sources of wind-blown sand in the city. The subject site is not located in proximity to these areas, however the Project site is located in an area with a Very High Wind Erodibility rating.12 12 Palm Desert General Plan; Figure 8-3. 56 The EIR found that the Project would include demolition of the existing parking lot, excavation, site preparation, grading, paving, building construction, off-site improvements and other ground disturbance by heavy machinery that could result in the loss of some topsoil and generate particulate matter. 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 27.28.09013, including submittal and approval of grading permits to ensure that the project does not generate excessive soil erosion. City Municipal Code Sections 24.12.01014 and 24.20.05015 require preparation of a fugitive dust (PM10) mitigation plan and compliance with National Pollutant Discharge Elimination System (NPDES) standards prior to and during construction. Furthermore, Policy 1.13 (Soil Erosion) of the City’s General Plan requires the prevention of water-born soil erosion from new development especially during grading activities.16 A Water Quality Management Plan (WQMP)17 was prepared for the Project which included 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 were also provided to 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 construction contractors would be required to comply with City grading permit regulations18, which require dust control measures to reduce sedimentation and erosion.19 Compliance with regulatory requirements, implementation of PM10 mitigation plan, NPDES, and BMPs, and mitigation measures GEO-16, GEO-17, and GEO-18 would reduce potential impacts to less than significant levels. Landslides (Secondary Seismic Hazard) 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 for the 2019 Project, the site 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. Mitigation measure GEO-3 of the EIR required 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 EIR found that implementation of this mitigation measure would reduce impacts to less than significant levels. 13 Palm Desert Municipal Code 27.28.090 – Plans to Accompany Application. 14 Chapter 24.12 Fugitive Dust (PM10) Control, Palm Desert Municipal Code 24.12.010 – Purpose and Intend. 15 Palm Desert Municipal Code 24.20.050 - Discharge of pollutants. 16 Palm Desert General Plan, City of Palm Desert 2016; Page 135. 17 Preliminary Water Quality Management Plan for Tentative Map 37639 – DSRT SURF prepared by The Altum Group, December 31, 2018. 18 Palm Desert Municipal Code 27.12.180 – Building Permits and Chapter 24.12 – Fugitive Dust (PM10) Control. 19 Palm Desert Municipal Code 27.12.065 – Erosion Control. 57 Liquefaction (Secondary Seismic Hazard) Liquefaction occurs primarily in saturated, loose, fine to medium-grained soils in areas where the groundwater table is generally 50 feet or less below the surface. The site-specific Geotechnical Investigation Report for the 2019 Project indicated that the depth to groundwater is greater than 200 feet beneath the surface of the subject property, and therefore, onsite liquefaction is unlikely.20 Therefore, potential impacts related to liquefaction would be less than significant. Seiches and Tsunamis A seiche is defined as “an occasional and sudden oscillation of the closed water body (enclosed water body, lake, bay, estuary, etc.) producing fluctuations in the water level.” There are many causes of seiches, for example, wind, earthquakes, and changes in barometric pressure. The seiche hazard in the valley includes above-ground water reservoirs, golf course lakes and other impoundments. Domestic water reservoirs in the valley have been constructed to resist the effects of groundshaking that could compromise the integrity of these structures. The EIR found that the proposed surf lagoon will contain approximately 23,798,770 gallons of water and could present a seiche hazard; potential impacts were analyzed in the Hydrology Section, below. Wastewater Disposal Systems Soils in the project area are capable of supporting septic tanks. However, the 2019 Project did not propose septic tanks. Therefore, the EIR found that there would be no impacts associated with subsurface waste disposal systems. Paleontological Resources Paleontological resources are the remains and/or traces of prehistoric life, exclusive of remains from human activities, and include the localities where fossils were collected and the sedimentary rock formations from which they were obtained. In the Coachella Valley, paleontological resources are associated with the Lake Cahuilla sediments which generally consist of freshwater mollusks. The project site contains Quaternary-age alluvium in the subsurface which has an unknown paleontological resource sensitivity. The Project site is not known to contain unique paleontological features; however, construction activities have the potential to reveal Quaternary-age alluvium. To reduce the potential impacts to paleontological resources due to excavation activities, Mitigation Measure GEO-15 is provided in the EIR. A qualified paleontologist would 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. Summary of Impacts Overall, the EIR found that adherence to the CBC, California seismic design requirements, the City’s Municipal Code, site specific Geotechnical Report, and the mitigation measures set forth in the EIR (and herein) would ensure potential impacts related to geologic hazards would be less than significant. 20 Geotechnical Investigation Report for the project site by Sladden Engineering in December 2018. 58 Mitigation Measures GEO-1 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 fill shall be cleared of old fill and any irreducible matter. GEO-2 At Grade Structure Areas Requirements: All undocumented artificial fill and low- density native surface soil 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. 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 GEO-4 Shrinkage and Subsidence: Volumetric shrinkage of the material shall be between 10 and 15 percent. 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). GEO-6 Conventional Shallow Spread Footings: Adequate support for the proposed resort buildings and surf lagoon enclosed walls will be provided through Conventional Shallow Spread Footings. GEO-7 Slabs-on-Grade: Concrete slabs-on-grade must be placed on compacted engineered fill to provide uniform support. A minimum slab thickness of 4-inches and a minimum reinforcement consisting of #3 bars at 18-inches on center in each direction shall be required. GEO-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. 59 GEO-8 Structure Mat Slabs: Structure Mat Slabs shall be required for the below grade structures associated with the wave generating equipment which would meet an allowable soil bearing pressure of 3,000 psf. GEO-9 Retaining Walls: Subterranean parking levels and the surf lagoon would require retaining walls. Ground surface behind retaining walls shall be sloped to drain. GEO-10 Asphalt Concrete Pavement: This shall be designed in accordance with Topic 608 of the Caltrans Highway Design Manual to meet the following thickness for the site: Pavement Material Required Thickness Asphalt Concrete Surface Course 3 inches Class II Aggregate Base Course 4 inches Compacted Subgrade Soil 12 inches GEO-11 Corrosion Series: Prior to ground disturbing activities, a corrosion expert shall be consulted regarding appropriate corrosion protection measures for corrosion sensitive installation. GEO-12 Utility Trench Backfill: All utility trench backfill shall be compacted to a minimum relative compaction of 90%. GEO-13 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. GEO-14 Drainage: To provide rapid removal of surface water runoff to an adequate discharge point, all final grades shall be provided with positive gradients away from foundations. In addition, surface water shall be directed away from building foundations to an adequate discharge point to reduce water infiltration into the subgrade soil. GEO-15 If buried paleontological materials are discovered inadvertently during any earth- moving operations associated with the project, all work within 50 feet of the discovery shall be halted or diverted until a qualified paleontologist can evaluate the nature and significance of the finds. 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. 60 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. GEO-18 All materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of spillage or dust. 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. Analysis of the Proposed Project Specific Plan and Precise Plan The site would be fully developed, regardless of buildout scenario (2019 or proposed Project). The entire site will be disturbed, and the same mitigation measures associated with stabilizing soils and assuring adequate geotechnical design would apply to the proposed Project. The EIR analyzed maximum buildout potential under the Specific Plan. The proposed Specific Plan amendment would not increase the maximum development intensities, including site density and building heights, and therefore the Project would not generate new significant impacts or a substantial increase in previously identified impacts associated with geology and soils. Instead, impacts would less intense due to the reduction in building square footage, hotel rooms, and villas associated with the Precise Plan. Adherence to the City’s Municipal Code, General Plan policies, Project-specific Geotechnical Report, and mitigation measures contained in the EIR would result in less than significant impacts, consistent with the findings of the EIR. Mitigation measures will apply to the currently proposed Project. Therefore, implementation of the proposed Project and Specific Plan amendment would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.8. GREENHOUSE GAS EMISSIONS & ENERGY Summary of Findings in the EIR Construction of the 2019 Project was anticipated to occur over a two-year period starting in mid- 2019 with build out in mid-2021. Project components are listed below; during construction of each component, fossil fuel use by construction equipment, machinery, haul trucks, and employees’ commuter vehicles will generate short-term GHG emissions. • Surf Lagoon and Surf Center • Hotel and Villas • Off-Site Improvements: o Stormwater Management 61 o Pool/Lagoon Discharge o Golf Course Turf Reduction o Landscaping Improvements o Special Events Parking o Soil Removal/Storage The California Emissions Estimator Model (CalEEMod), version 2016.3.2, was used to estimate Project-related GHG emissions during construction. The results are summarized in the following table. 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. Construction emissions were amortized over a 30-year period and added to annual operational emissions to be compared to applicable GHG thresholds Table 6 Construction GHG Emissions Summary 2019 DSRT SURF EIR (Metric Tons) CO2 CH4 N2O Total CO2e 2019 766.21 0.16 0.00 770.34 2020 1,404.68 0.17 0.00 1,408.87 2021 289.61 0.03 0.00 290.37 TOTAL 2,460.5 0.33 0.00 2,469.58 Table 2.8-1 of EIR. 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. CalEEMod was used to estimate annual operational GHG emissions generated by the Project under two scenarios: 1) typical operations, and 2) special event operations. The table below shows daily emissions for a one-day special event. 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 below. Table 7 Special Events Operational Emissions: 2019 DSRT SURF EIR CO2 CH4 N2O CO2e Pounds/Day 73,327.33 4.97 0.20 73,510.04 Conversion to Metric Tons 33.26 0.00 0.00 33.34 Table 2.8-2 of EIR. 62 Table 8 Operational GHG Emission Summary: 2019 DSRT SURF EIR (Metric Tons/Year) CO2 CH4 N2O CO2e Typical Operations 16,907.63 24.91 0.12 17,565.85 12 Special Events1 399.12 0.00 0.00 400.08 Amortized Construction2 82.01 0.01 0.00 83.02 Total Operational Emissions 18,048.95 Table 2.8-s of EIR.. The EIR assessed Project impacts using the SCAQMD tiered test approach, which states 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 did not comply with any of the tiered tests presented above, and would therefore have significant and unavoidable impacts associated with GHG emissions. However, Mitigation Measure GHG-1 assured that the Project would adhere to the Palm Desert Environmental Sustainability Plan21, and its implementation would help reduce GHG emission impacts. In addition, all new development within the City is required to implement energy efficiency design 21 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. 63 requirements consistent with the California Green Building Standards Code. Nonetheless, the EIR determined that the GHG emissions generated by the 2019 DSRT SURF Project were cumulatively considerable and significant and unavoidable. In its consideration of the EIR, the City determined that the social and economic benefits of the Project outweighed the severity of these impacts, and Findings and a Statement of Overriding Considerations were adopted. Consistency with Greenhouse Gas Emissions Reduction Plans 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 Low Carbon Fuel Standard for construction equipment and heavy-duty vehicle efficiency standards. Construction-related GHG emissions would not exceed GHG thresholds for construction because no such thresholds have been established. However, because the Project would result in significant and unavoidable impacts, as discussed above, the EIR determined that the Project 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 Plan, the EIR determined that impacts were considered significant and unavoidable. As described above, the City determined that the social and economic benefits of the Project outweighed the severity of these impacts, and Findings and a Statement of Overriding Considerations were adopted. Mitigation Measures 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. 64 Analysis of the Proposed Project Specific Plan and Precise Plan The Specific Plan amendment does not limit or change the maximum potential buildout assumptions made in the EIR, and therefore impacts of maximum buildout potential of the site under the proposed Specific Plan would be virtually the same as those analyzed in the EIR. The Precise Plan would result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction in hotel and villa building square footage, a 14% reduction in parking and the same off-site improvements compared to maximum buildout assumptions analyzed in the EIR. Because the entire site would be graded and constructed upon, GHG emissions associated with construction of the Precise Plan would be equivalent to those analyzed in the EIR. Operational emissions associated with buildout of the Precise Plan would be less than those previously analyzed in the EIR due to the reduction in overall development density and building square footage. Implementation of the Specific Plan amendment and proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact as analyzed in the EIR. Overall impacts are expected to be less than those previously identified in the EIR due to the reduction in overall development intensity and square footage proposed in the Precise Plan. Impacts are expected to remain significant and unavoidable, however, because of the number of vehicle trips and energy use associated with the proposed Project. Because the Specific Plan and proposed Project are consistent with the analysis of the EIR, however, the Findings and Statement of Overriding Considerations which applied to the 2019 Project are applicable to the currently proposed Project. 3.9. HAZARDS & HAZARDOUS MATERIALS Summary of Findings in the EIR The Riverside County Department of Environmental Health Hazardous Materials Branch is responsible for overseeing the six hazardous materials programs in the County, including in the City of Palm Desert. The County-wide Hazardous Materials Emergency Response Team consists of personnel from the Riverside County Fire Department and Environmental Health HazMat Program staff. This team responds jointly to hazardous materials incidents in the County and any CalFire-contracted city, including Palm Desert. The City implements regular consultation with the State Water Resource Control Board (SWRCB) and Regional Water Quality Control Board (RWQCB), and also monitors and regulates industrial plants and commercial areas through the City’s Municipal Code. Areas with Potential Hazardous Materials Contamination SWRCB maintains an online database (GeoTracker) which includes information on existing locations of hazardous waste sites and their status. According to the GeoTracker database at the time the EIR was prepared, 40± sites within the City were either listed or permitted as hazardous material sites under the California Department of Toxic Substances Control (DTSC). No hazardous material site was recorded at the Project site. 65 Government Code Section 65962.5 requires the California Department of Toxic Substances Control (DTSC) compile and regularly update a list of hazardous waste sites, known as the Cortese List. No properties in the Planning Area were identified on the DTSC’s Cortese List. Transportation of Hazardous Materials Major transportation corridors such as Highway 111 or Interstate 10 (I-10) may be used to transport hazardous materials and represent accident risks that could result in releases of hazardous materials. The City does no designate specific haul routes for hazardous materials; however, the California Highway Patrol (CHP) must be notified when acutely toxic hazardous materials are transported. Airports The Bermuda Dunes Airport (UDD) is a privately owned public use airport located 5 miles east of the Project site in the Palm Desert sphere of influence (SOI) and offers charter flights, hangar rentals, and a flight school. The Palm Springs International Airport (PSP) is located approximately 9 miles west of the City and is the largest and primary air transportation link for the region. Schools The Project site is within the Desert Sands Unified School District (DSUSD) service boundary. The nearest elementary school is James Earl Carter Elementary School, located approximately 1.10 miles southwest of the project site. No school sites are located within a quarter mile of any component of the proposed Project. Wildfire The City of Palm Desert is exposed to fire-related hazards from two potential sources: wildfires and fires that occur in urban settings. Wildfire hazards are highest in areas of the community near the wildland-urban interface (WUI). Southern portions of the City are susceptible to the risk of wildland fires. To reduce the wildfire risk, the City has adopted an emergency response plan which established procedures for fire conditions. The Project is located in the urban core of the City, and more than three miles from an area of wildland fire potential. Emergency Response and Evacuation Routes The primary emergency evacuation routes in the City of Palm Desert include I-10, Highway 111, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. The project site is located between Portola Avenue and Cook Street, which provide access in an emergency for the majority of the central city. The project is not proposing to modify any City roadway. Project Impacts Construction of the 2019 Project, including both on- and off-site improvements 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. 66 Operational activities that would occur at the site would involve the use of limited quantities of hazardous materials. The surf lagoon would use cleaning equipment and chemicals to maintain the pH levels for surfers. The hotel and residential units would also involve use of limited quantities of hazardous materials such as cleaning and degreasing solvents, fertilizers, pesticides, and similar materials. These chemicals will be transported and stored within the project site in limited quantities and will not require a hazardous material handling/storage permit. Quantities stored at the site would be comparable to typical commercial uses, and would be regulated by State and local law, including Fire Department regulations requiring proper storage and inspection. These regulations, including those imposed by both the County of Riverside and the Fire Department, are designed to lower impacts to less than significant levels. Therefore, the EIR determined that long-term impacts would be less than significant. Access for emergency vehicles would be maintained throughout Project construction and operation. Appropriate traffic management and control plans would be followed pursuant to mitigation measures TRANSP-15 through -19 in the EIR (see the Transportation and Traffic Section). During normal operations, the Project will not impact existing evacuation routes, as it does not propose any change in the street grid. Emergency access to the site will be provided via the internal loop road, and an emergency access point will be located at Willow Ridge Road, in addition to the two public access points onto Desert Willow Drive. Special events would occur on-site, increasing traffic on major roadways such as Country Club Drive, Portola Avenue, Cook Street, and Frank Sinatra Drive. However, this increase in traffic will not cause significant deterioration in roadway operations, as described in the Project TIA. 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 though -14 in the EIR. With implementation of these measures, daily operations and special events would not physically interfere with emergency response or evacuation plans. The EIR determined that impacts would be less than significant with implementation of these mitigation measures. The EIR determined that the Project site is not within the land use plan for the Bermuda Dunes Airport, and would have no impact on its operations. The EIR further determined that the Project site is located on the valley floor, and not subject to wildfires. The EIR determined that with the imposition of mitigation measures relating to traffic operations at and surrounding the site, and compliance with and enforcement of existing federal, state, and local laws and regulations concerning the handling, transport, or disposal of hazardous materials impacts would be reduced to less than significant levels Mitigation Measures See Mitigation measures (TRANSP-5 through TRANSP -14 and TRANSP -15 through -19) provided in Section 3.16. 67 Analysis of the Proposed Project Currently (2021) within the City there are no hazardous waste sites listed on the Cortese List and there are no LUFT sites listed in proximity to the Project site per the SWRCB GeoTracker. Specific Plan and Precise Plan The proposed Specific Plan amendment would not result in changes to development intensities or densities that would increase the severity of impacts, therefore impacts associated with the proposed Specific Plan would be the same as those analyzed in the EIR. Buildout of the revised Precise Plan has the potential to result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage, a 14% reduction in parking and the same off-site improvements compared to maximum buildout assumptions analyzed in the EIR. Therefore, construction and operational emissions associated with buildout of the Precise Plan would be less intense than those previously analyzed in the EIR due to the reduction in overall development density and building square footage, and a parallel reduction in the less than significant impacts identified in the EIR would occur. Implementation of proposed Specific Plan amendment and revised DSRT SURF Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the EIR. Overall impacts are expected to be less than those previously identified in the EIR due to the reduction in hotel rooms, residential density, and overall building square footage proposed in the Precise Plan. Therefore, implementation of the proposed Project would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.10. HYDROLOGY/WATER QUALITY Summary of Findings in the EIR The City of Palm Desert is located at the southwesterly boundary of the Colorado River Hydrologic Region (HR) in the Whitewater River Hydrologic Unit (HU) and falls under the jurisdiction of the Colorado River Regional Water Quality Control Board (Region 7). Within the Whitewater River Hydrologic Unit, the Project site lies in the Whitewater River watershed. Surface Water and Drainage Patterns The Whitewater River is the principal drainage course in the Coachella Valley; it is typically dry, but flows southeasterly when it carries water. The Whitewater River has a total drainage area of approximately 850 square miles and drains areas as far away as the summit of Mount San Gorgonio and the steep southern and eastern slopes of Mount San Gorgonio. The majority of local surface water is derived from runoff from the San Bernardino and San Jacinto Mountains with lesser amounts from the Santa Rosa Mountains. This runoff either percolates in the streambeds or is captured in mountain-front debris basins where it recharges the groundwater basin. 68 The Coachella Valley Water District (CVWD) and the Riverside County Flood Control and Water Conservation District are responsible for the management of regional drainage within and in the vicinity of Palm Desert, including rivers, major streams and their tributaries, and areas of significant sheet flooding. 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. The 2019 Project would alter existing drainage patterns both on- and off-site, but proposed stormwater management improvements were designed to adequately manage Project drainage such that the Project will not result in substantial erosion or siltation.23 The designed drainage system met all standards of rainstorm protection as adopted by the City of Palm Desert. Drainage waste areas are already available off-site to retain the 100-year storm event, and there will be no adverse impact, because 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 southeast of the site. The 2019 Project also included 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 would be undertaken to City standards, including storm water BMPs included in both WQMP(s) and SWPPP(s) for these parts of the Project. Because these off-site improvements will be subject to mitigation measure HYD-1 and HYD-2, and with City requirements for the protection of surface waters, impacts associated with off-site improvements will be reduced to less than significant levels. Groundwater The Whitewater River Groundwater Basin underlies the valley which generally extends from the Whitewater River in the northwest to the Salton Sea in the southeast. The aquifer is naturally subdivided by fault barriers into subbasins, which are further divided into subareas. Desert Water Agency (DWA) and the Coachella Valley Water District (CVWD) jointly utilize and manage a replenishment program for the local groundwater basin, the Upper Whitewater River Subbasin. Estimates of groundwater storage in the Upper Whitewater River Subbasin range from 10.5 to 14.2 million acre-feet. In total, the subbasins underlying the Coachella Valley contain approximately 39.2 million acre-feet of water in storage, of which about 28.8 million are within the Whitewater River Subbasin. Natural recharge from precipitation and runoff, supplemented with artificial recharge from imported Colorado River, State Water Project water, and recycled water from wastewater treatment plants also provide water to the Coachella Valley. The Project site is located within the CVWD service area, where urban water demands are estimated to grow from 114,600 AFY in 2020 to 194,300 AFY in 2040. The Project would require approximately 88.32 AFY of water at buildout of both the lagoon and surf center and 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, 2018. 69 approximately 76.89 AFY of water for the Hotel and Villas Planning Area, resulting in a total demand 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. After applying the water demand offsets associated with implementation of the proposed turf reduction program at the Desert Willow Golf Course (106.75 AFY) provided in Mitigation Measure HYD-4, the net total water demand for the Project is expected to 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 EIR determined that water demands for off-site improvements would be negligible and primarily associated with temporary construction activities. Less than significant impacts are expected. The Project will provide water for the lagoon in one of three ways: installation of a new groundwater well at the southeastern corner of the site; connection to the existing Desert Willow groundwater well located south of the site near Country Club Drive; or utilization of potable water from CVWD. Water demand for the lagoon is projected to be approximately 73.04 AFY per year. If the Project installs a new groundwater well on the site, then approximately 73.04 AFY of groundwater would be extracted every year for the surf lagoon. The groundwater well will be metered and in compliance with requirements of the Regional Water Resources Control Board (RWRCB). Other components of the Project will be connected to CVWD’s domestic water distribution system. If the Project connects to the existing Desert Willow groundwater well located south of the site near Country Club Drive, then the Project would need construction and extension of underground pipes to supply approximately 73.04 AFY per year. Otherwise, CVWD would provide water for the lagoon. As described in the EIR and WSA, CVWD has sufficient water supplies to meet the demands of the Project for the next 20 years and the 2019 Project, including off-site improvements, 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. Flood Hazards and Stormwater Runoff Stormwater flows and flash flood runoff from the Indio Hills and the foothills of the San Jacinto and San Bernardino Mountains generate flooding hazards in the City. The majority of the northern portion of the City, north of I-10, is located within the 100- or 500-year flood zone. The Project site is not located within the 100- or 500-year flood zone.24 According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), the site is located in Zone D, which represents “areas in which flood hazards are undetermined, but possible.” No Project structures would be placed within a 100-yr flood hazard area such that flood flows would be impeded or redirected. 24 Palm Desert General Plan, City of Palm Desert, 2016 – Figure 8.4. 70 Construction impacts due to development of the entire Project area, including off-site improvements, would be minimized through compliance with the General Construction Activity Stormwater Permit, including implementation of a SWPPP and the MS4 Permit. The 2019 Project would not alter a floodway in a manner that would redirect or impede flow during construction, and impacts will be less than significant. The Project’s planning areas are divided into four sub-areas, from where storm water will be conveyed to three existing drainage waste areas via underground pipes. These pipes will be constructed to City standards, and will carry storm flows after they have been treated by the Best Management Practices (BMPs) specific to the Project site per the Water Quality Management Plan (WQMP). Based on the hydrological analysis discussed in the EIR, the existing drainage waste areas and lake in the Desert Willow Golf Course have adequate capacity to accommodate projected flows from all components of the 2019 Project. While the Project would increase the amount of impervious surfaces on the site, the proposed drainage plan includes well-connected drainage areas that would retain runoff during storm events, allowing it to be released in a metered fashion that can be accommodated by the storm drain system. The National Pollutant Discharge Elimination System (NPDES) mandates that plans and programs for stormwater management be developed, adopted, and implemented to assure that municipalities “effectively prohibit non-stormwater discharge into storm drains, and requires controls to reduce the discharge of pollutants from stormwater systems to waters of the United States to the maximum extent possible.” The City of Palm Desert is a co-permittee with the County of Riverside, CVWD, Riverside County Flood Control and Water Conservation District, and municipalities in the Whitewater River subbasin for NPDES management. The Palm Desert Public Works Department manages the City’s NPDES program. The Project site, including off-site improvements, is not in a flood hazard or tsunami inundation zone and would not be subject to inundation by a flood or tsunami. In addition, the surf lagoon would be a reinforced concrete structure to contain the seismically-induced oscillations within the lagoon without any structural damage to result in spill over or release of pollutants. Less than significant impacts are anticipated. 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. Water Quality Groundwater quality in the Coachella Valley varies with depth, proximity to faults and recharge basins, presence of surface contaminants, and other hydrogeological or human factors. CVWD conducts water quality monitoring in accordance with federal and state drinking water 71 requirements and analyzes water samples for more than 100 regulated and unregulated substances. Based on the most current water quality report available at the time of the EIR (CVWD 2017-2018), drinking water delivered from CVWD’s potable water system supplied from groundwater wells complied with all state and federal drinking water quality regulations.25 Two naturally occurring substances, arsenic and chromium-6, are among the over 100 constituents that are monitored in the Coachella Valley’s groundwater supply. CVWD treats some of its groundwater wells to reduce arsenic and chromium-6 levels in the drinking water supply and is conducting ongoing water treatment efforts to reduce chromium-6 levels delivered from groundwater wells. The Project is required to comply with a number of regulations designed to reduce or eliminate construction-related water quality effects, including the National Pollutant Discharge Elimination System (NPDES), which will regulate stormwater discharges to surface waters during construction of the lagoon and surf center. Adherence to NPDES protocols will protect the quality of surface waters from potential construction-related impacts. A Preliminary Water Quality Management Plan (WQMP) was prepared for the proposed Project which includes Best Management Practices (BMPs) specific to the Project site. Mitigation Measures HYD-1 and HYD-3 will effectively reduce or avoid the discharge of any pollutants of concern that might enter nearby receiving waters by establishing limits of construction and the use of a variety of standard practices. Implementation of these mitigation measures will minimize impacts to surface water quality without substantially degrading surface or groundwater quality. In order to assure that sediment and silt are controlled, mitigation measures HYD-1 and HYD-2 were provided in the EIR, requiring the implementation of WQMP BMPs and the stabilization of exposed soils. These mitigation measures will assure that impacts to water quality related to sediments will be reduced to less than significant levels. The EIR determined that buildout of the 2019 Project would increase the amount of impervious surface area, thereby increasing the total volume and peak discharge rate of stormwater runoff and associated pollutants. At Project buildout, runoff from the lagoon and surf center could contain pollutants common in urban runoff, including metals, oils and grease, pesticides, herbicides, nutrients, pet waste, and garbage/litter. Without BMPs to remove these pollutants, stormwater leaving the lagoon and surf center site could degrade the quality of receiving waters. To reduce urban runoff impacts associated with potential pollutants, the city’s General Plan contains policies with requirements that address surface water quality impacts. For example, the City requires on-site stormwater retention and infiltration to improve stormwater quality and reduce flows into the storm drain system. Furthermore, the City of Palm Desert Municipal Code Chapter 24.20 establishes requirements for stormwater and non-stormwater quality discharge and control by prohibiting discharges of pollutants or waters containing pollutants that cause or contribute to a violation of applicable water quality standards 25 Coachella Valley Water District 2017-2018 Water Quality Report Annual Review Report. 72 The surf lagoon will be a “self-treating area,” which will be required to meet water standards for users. Water from the lagoon will be treated prior to discharging to the artificial lake located south of the golf course via an evacuation line. According to the hydrological map, the surf center and associated parking structure are located in sub-drainage areas 3 and 4. Stormwater from sub-drainage areas 3 and 4 would be conveyed to two existing drainage waste areas located northwest and southeast of the site within the Desert Willow Golf Course. The hotel and villas are located in sub-drainage areas 1 and 2. Stormwater from sub-drainage area 1 would be conveyed to an existing drainage waste area located northwest of the site within the Desert Willow Golf Course. Whereas stormwater from sub-drainage area 2 will be conveyed to an existing drainage waste area located south of the site within the Desert Willow Golf Course. The 2019 Project also proposed a system of underground tanks, pipes and drywells to convey and control daily pool and lagoon backwash discharge. This system will consist of holding tanks, connected to the pools or lagoon and drywells connected by pipes at four locations. The anticipated daily discharge could be as high as 4,000 gallons per day, but is expected to average 2,200 gallons per day. The backwash will enter the tanks, where sediments and debris will be removed, treated as needed, and released in a metered manner to the drywells. The drywells will drain the water into the soil, for eventual recharge. The system would be regulated by the City and the RWQCB, and would be required to meet all required water quality standards. These requirements will assure that the backwash system will not exceed water quality standards, and impacts are expected to be less than significant. The 2019 Project, including off-site improvements, would 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 2019 Project. The Project is within the CVWD’s boundaries requiring that it meet water quality requirements in the production and delivery of domestic water and sewage management. 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-4, Project impacts would be less than significant. Mitigation Measures 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. HYD-2 Exposed soil from excavated areas, stockpiles, and other areas where ground cover is removed shall be stabilized by wetting or other approved means to avoid or minimize the inadvertent transport by wind or water. HYD-3 The Project shall be subject to NPDES Construction General Permit requirements. 73 HYD-4 The Turf Reduction Program shall be completed prior to the issuance of certificates of occupancy for the surf center. Analysis of the Proposed Project Specific Plan and Precise Plan Buildout of the proposed Precise Plan would result in a 92 room hotel, 12,323 square foot surf center and associated facilities, 83 residential units and a 5-acre surf lagoon, which is a less intense development than maximum buildout of the Specific Plan. The EIR analyzed the maximum buildout potential of the site under the Specific Plan. Therefore impacts associated with the less intense Precise Plan would be within the envelope of impacts already evaluated in the approved EIR and a subsequent EIR or WSA is not required. After applying the water demand offsets associated with implementation of the proposed turf reduction program at the Desert Willow Golf Course (106.75 AFY), the net total water demand for the proposed Project is expected to be 7.6 AFY due to the reduction in overall development density and building square footage. (see section 3.17 Utilities). This represents approximately 0.006 percent of the total projected water supply of 114,600 AF for 2020, and would represent 0.004 percent of the total projected water supply of 194,300 AF for 2040. A Project-specific WQMP and Preliminary Hydrology Report were prepared for the proposed Project. According to the Hydrology Report, storm drain runoff generated from the Project site is designed to be conveyed to the adjacent East and South Golf Course via an underground storm drain piping system in a similar manner to the systems employed by existing adjacent resort developments. As with the 2019 Project, the surf lagoon will act as a “self-treating area” since no rainfall tributary to the Lagoon is intended to be directed to the existing golf course waste areas. Areas immediately adjacent to the Lagoon will be designed to carry storm runoff away from the Lagoon, into the storm drain system that leads to the proposed drywells and to the existing golf course. The proposed Surf Lagoon is designed to be evacuated annually using the series of drywells designed to collect storm water runoff for the project site toward the East and South Golf Course within Desert Willow Resort where it will infiltrate into the soils, consistent with the planned annual maintenance analyzed in the EIR. Summary Implementation of the proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the EIR. Water demand will be reduced based on the reduced intensity of development proposed in the Precise Plan. Development of the site would increase the amount of impervious surfaces in the City under both buildout scenarios. The Project will be required to comply with all City regulations, and control the 100-year storm on-site. The Project will also be required to prepare SWPPP and WQMP documents to prevent surface and ground water pollution. Buildout of the site is required to comply with local and state regulations, and policies set forth in the General Plan update that pertain to the protection of local hydrology and water quality. The currently proposed Project will be required to comply with the same mitigation measures identified in the EIR, to assure that impacts are reduced to less than significant levels. 74 Overall impacts are expected to be similar to, or less than, those previously identified in the EIR. Therefore, implementation of the Specific Plan amendment and buildout of the DSRT SURF Project would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.11. LAND USE/PLANNING Summary of Findings in the EIR General Plan Consistency The Project site is designated as Resort and Entertainment District on the City’s General Plan Land Use Map, which allows theme parks, hotels, sports facilities, 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). The City’s Zoning Map designates the site as Planned Residential (PR-5), allowing 5 DU/AC. The NSSP allows for a “Luxury Hotel” with a maximum of 500 rooms. The Project site is located within planning area 10 (PA 10) of that plan and is designated for hotel and resort development. The site was partially developed with an existing surface parking lot and is located within the Desert Willow Golf Course. The Desert Willow development includes two championship golf courses, the Firecliff Course and Mountain View Course, as well as residential and resort developments. The following describes lands surrounding the Project site. • North: Desert Willow Golf Course, Clubhouse and a parking lot • South: Desert Willow Golf Course • East: Desert Willow Golf Course and Desert Willow Drive • West: Desert Willow Golf Course, the Westin Desert Willow Villas, Willow Ridge Drive. 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 subject development site. The DSRT SURF Specific Plan proposed a mix of entertainment, recreation, commercial, and resort residential development uses consistent with those described in the General Plan and NSSP. The EIR provided a consistency analysis of all applicable goals, policies and programs contained in the General Plan. The findings of that analysis considered the Project as a whole. To summarize the consistency analysis, the EIR determined the Project site was an appropriate location for mixed used development of the type proposed, and all components of the Project were found to be consistent with the City’s General Plan and NSSP. Municipal Code and Zoning Consistency The City’s Zoning Map designates the site as Planned Residential (PR-5), allowing 5 units per acre. The Planned Residential zone also allows for the development of hotels with approval of a 75 Conditional Use Permit (CUP) but prohibits the development of “Commercial Recreation Facilities” (Section 25.10.030-Allowed Land Uses and Permit Requirements). Commercial Recreation Facilities are defined as “any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.” Municipal Code Section 25.10.40 (Specific Use Standards), however, inconsistently states that Commercial Recreational Facilities are permitted in the PR zone with approval of a Conditional Use Permit “when not related to a permitted residential development.” This portion of the Zoning Ordinance would allow the proposed surf lagoon with approval of a CUP. This inconsistency is rectified through preparation of the DSRT SURF Specific Plan. The 2019 Specific Plan would supersede the current zoning designations on the Project site and will guide the development of the Project overall. The 2019 Specific Plan set forth the planning principles, land use policies, development standards, and design guidelines for the proposed development, and on-site and off-site public improvements. The Specific Plan addressed maximum development densities as shown in the Table below. All development on the Project site is required to adhere to the standards Table 9 2019 DSRT SURF Specific Plan Specific Plan Land Uses Surf Lagoon Planning Area (11.85 acres) Max/Min Allowed Surf Lagoon Max 6 acres Surf Center Building, including: Max 35,000 SF; Max Height 50 feet Restaurants/Bars Max. 8,000* SF Meetings/Events Max. 6,000 SF Retail Max. 4,000 SF Ancillary Restrooms/Changing Rooms/Locker Buildings Max 1,500 SF Ancillary Rental Building(s) Max 1,500 SF East Lagoon Café and Bar Max 2,750 SF Maintenance and Equipment Buildings Max 15,000 SF Landscaping/OS/Pool /Recreational Space Minimum 20% Planning Area site coverage Parking Per SP parking development code Hotel and Villas Planning Area (5.84 acres) Max/Min Allowed Hotels Max 350 rooms, Max 200,000 SF; Max Height 50 feet Hotel Spa Max 12,500 SF Villas Max 88 Villas; 1 to 4 bedrooms Villa Clubhouse Max 3,125 SF Maintenance and Equipment Buildings Max 2,500 SF Landscaping/OS/Pool /Recreational Space Minimum 25% Planning Area site coverage Parking Per SP parking development code Source: Table 2.11-1 of EIR 76 The 2019 Project also included a Precise Plan, Tentative Tract Map and a Development Agreement. The design, and development standards of the proposed Surf Lagoon Planning Area would be regulated through the 2019 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 2019 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 surf lagoon and surf center. Additional Precise Plan application(s) would be required for the hotel and villa development proposed in Planning Area II. The following Table breaks down the Precise Plan land uses for the Surf Lagoon Planning Area. Overall, the EIR found the Surf Lagoon Planning Area to be consistent with applicable municipal code and zoning regulations through adherence to the 2019 Specific Plan, thus resulting in no adverse impacts. Table 10 2019 DSRT SURF Project Surf Lagoon Precise Plan Land Uses Land Use/Building SF AC Surf Lagoon 239,580 5.50 Surf Center Building, including: 30,300 0.88 Restaurants, Bars and associated kitchens 8,475 -- Meeting Rooms 5,625 -- Administrative offices 2,275 -- Gallery 3,275 -- Mechanical, restrooms, storage, corridors, etc. 11,925 Ancillary Restrooms/Changing Rooms/Locker Buildings 450 0.02 Ancillary Rental Building(s) 600 0.01 East Lagoon Café and Bar 650 0.06 Maintenance and Equipment Buildings 13,950 0.21 Landscape/OS/Pools/Rec./Amenities 104,789 2.41 Roadways/Driveways/Parking (asphalt paved areas) 120,307 2.76 Parking 239 spaces Source: Table 2.11-2 of the EIR. The design, and development standards of the Hotels and Villas Planning Area would be regulated through the 2019 Specific Plan. Prior to approval, a Precise Plan for the Hotels and Villas Planning area would be submitted to the City for review per City Municipal Code Section 25.72.030 (Precise Plan). The City would 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, thus resulting in no adverse impacts. 77 Habitat Conservation Plan (CVMSHCP) The City of Palm Desert is a signatory to and participates in the implementation of the CVMSHCP. The subject property is located within the boundaries of the CVMSHCP but is outside the boundaries of any of the Plan’s Conservation Areas. Lands not developed prior to 1996 are subject to the payment of a Development Mitigation Fee to mitigate impacts of urban development to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area; thus, the implementation of the 2019 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. Overall, the EIR determined that the 2019 DSRT SURF Project would have a less than significant impact to land use or land use planning. Analysis of the Proposed Project Specific Plan and Precise Plan The proposed Specific Plan amendment does not propose an increase to overall land use densities or development standards. As a result, the consistency identified in the EIR with the General Plan’s policies and programs also applies to the currently proposed Project. The proposed Specific Plan is consistent with the previously approved 2019 Specific Plan and development of the proposed Project will be in accordance with the requirements of the Specific Plan and other applicable regulations, including payment of the CVMSHCP development impact fee and the implementation of its standards. The Precise Plan is consistent with the revised Specific Plan, and proposes development that will meet or exceed the development standards in the Specific Plan. As the Specific Plan acts as the zoning document for the Project, the Precise Plan will be consistent with the City’s zoning standards, since it meets of exceeds the Specific Plan development standards. Summary Implementation of proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact previously analyzed in the EIR. Overall impacts are expected to be similar to those previously identified in the EIR. Therefore, implementation of the proposed Project and Specific Plan amendment would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.12. MINERAL RESOURCES Summary of Findings in the EIR The City of Palm Desert is located in an MRZ-3 zone, which is a classification indicating the area has known mineral deposits that may qualify as mineral resources (MRZ-3a), or the area may have inferred deposits which may qualify as mineral resources (MRZ-3b). Mining has not historically occurred within the planning area, thus the EIR determined that mineral resources are present, but the significance of the resource is considered speculative. There are no active mining sites in the City, nor are there future mining sites designated in the General Plan. 78 Mineral Resources was not discussed in the EIR because the Initial Study/Notice of Preparation determined there would be no environmental impacts as a result of the proposed Project Analysis of the Proposed Project The currently proposed Project occurs on the same site as that analyzed in the EIR. The land uses proposed in the Specific Plan are the same as those in the 2019 Specific Plan. The Project does not propose mining activities and there are no mining land uses or activities in the vicinity. The land is not planned for mining activities, and no impact will occur as a result of the currently proposed Project. Implementation of proposed Project would not result in any new impacts or increase the severity of a previously identified significant impacts in the Initial Study/Notice of Preparation for the Project. Consistent with the Certified EIR, there will be no impacts to mineral resources. 3.13. NOISE Summary of Findings in the EIR Primary sources of noise in the City include traffic, freeways, and major roadways. The City has the authority to set land use noise standards and place restrictions on private activities that generate excessive or intrusive noise. However, I-10 is under the purview of the Federal Highway Administration (FHWA). The FHWA has developed noise standards that are typically used for federally funded roadway projects or projects that require either federal or Caltrans review. Land uses that are sensitive to noise include, but are not limited to, residences, schools, libraries, churches, hospitals and nursing homes, and destination resort areas. Least sensitive to noise are heavy commercial and industrial uses, transportation, communication and utility land uses. Project-Wide Off-Site Traffic Noise Impacts The Noise Impact Analysis prepared for the 2019 Project established criteria for potential noise impacts based on a number of sources, including the City’s General Plan and Municipal Code, where standards were available, and on outside sources, where the City had no standard. In these cases, the noise study established noise impact thresholds based on the National Institute for Occupational Safety and Health, and the Riverside County General Plan, respectively. The Noise Impact Analysis considered the impacts of the 2019 Project’s traffic on off-site locations to determine whether the Project would impact noise levels off-site. The analysis considered current (2018-2019) noise levels, Existing Off-Site Noise Contours, and then added ambient growth (increased traffic due to the anticipated annual growth in traffic volumes), as well as growth based on approved cumulative projects (projects approved and/or under construction). The trips added to the regional road system by the 2019 Project were then added, to determine the level of impact in 2022, which was the anticipated opening year for the Project. 79 Based on a comparison of 2022 without and with Project conditions, the EIR analysis determined the 2019 Project would not significantly increase off-site noise levels associated with the Project’s increases in traffic within the area surrounding the proposed site. Project-Wide Operational Impacts The 2019 Project would generate noise from commercial recreational activities, hotel activities, and villa activities. These were analyzed to determine the level of noise that would be created by typical project activities, and the impacts of these activities on surrounding sensitive receptors. The EIR determined that the impact of typical project activities on surrounding sensitive receptors will be less than significant during both daytime and nighttime hours, when compared to the significance criteria thresholds. Construction Noise Impacts Construction noise from development and redevelopment projects would be short term and exempt during the hours of 7:00 a.m.to 5:30 p.m. weekdays and 8:00 a.m. to 5:00 p.m. Saturdays. The General Plan Noise Element includes policies to limit exposure of noise sensitive land uses to excessive noise levels from point sources, including construction activities. In addition, future development projects are required to conduct project-level noise analysis. Construction of all 2019 Project components would require the use of heavy equipment for the demolition of the existing on-site parking lot, Project site preparation/excavation, installation of new utilities, and building fabrication. Construction activities would also involve the use of smaller power tools, generators, and other sources of noise. During each stage of construction, a different mix of equipment would be operating, and noise levels would vary based on the amount of equipment in operation and the location of the activity. Six locations where sensitive receptors currently occur were analyzed in the EIR with distances ranging from 10 feet to 1,705 feet from the Project site. The noise analysis prepared for the 2019 Project further considered whether the project noise levels would exceed the National Institute of Occupational Safety and Health (NIOSH) standards for construction noise standards. Those standards consider a noise level in excess of 85 dBA Leq to be significant. Based on this threshold, noise levels affecting sensitive receptors closest to the Project were found to be less than significant. Any increase in noise levels during construction would be temporary in nature, would occur during daytime hours, and would not generate continuously high noise levels. In addition, the construction noise during the heavier initial periods of construction (i.e., excavation and grading work) would typically be reduced in the later construction phases (i.e., interior building construction) as the physical structure would obstruct the line-of-sight noise emitting from the construction area. Therefore, overall, the EIR determined that impacts would be less than significant during the construction phase of the lagoon and surf center, hotels and villas, and off- site improvements. 80 Operational Noise Impact The City of Palm Desert has developed exterior land use compatibility standards that rate compatibility using the terms normally acceptable, possibly acceptable, and normally unacceptable, and also provide standards for interior acceptable noise levels. These standards also establish maximum interior noise levels for new residential development, requiring that sufficient insulation be provided to reduce interior ambient noise levels to 45 dBA CNEL/Ldn. In addition to the noise normally associated with commercial recreational activities, described above under “Project-wide Operational Impacts,” the Surf Lagoon will include equipment used to generate waves. It is also anticipated that at build out, surf competitions and other special events would be organized at the site. During recreational/competitive surf and other events, amplified musical equipment could be used. Notable noise generating activities include surf lagoon/wave machine activity, outdoor game activities, and special events/outdoor event activity. The dominant noise sources attributable to the lagoon and surf center planning area are the wave generating machine and special events outdoor activities. Based on the analysis in the EIR, the noise levels of 83.6 and 66.8 dBA at 50 feet would attenuate to 49.2 dBA Leq at the closest sensitive receiver. 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. The dominant noise sources in the Hotel and Villas 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. Therefore, impacts would be less than significant. The EIR also determined that all noise-related impacts associated with the construction and operation of the off-site improvements would be less than significant. Groundborne Vibration Both the planning areas and off-site improvements analyzed in the EIR were expected to be constructed in phases, over a two-year period. 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. The EIR found that 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 locations would be below the threshold and therefore were considered less than significant. 81 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. As discussed in the EIR, 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 was anticipated. At buildout, no operational components of the 2019 Project would generate significant 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 2019 Project. The EIR also determined that all groundborne vibration impacts associated with the construction and operation of the off-site improvements would be less than significant. Summary of Impacts The EIR determined that noise impacts resulting from adoption and implementation of the 2019 Project, including all Project components, would be less than significant and would not require mitigation. Results of the Noise Study show that adding the 2019 Project’s noise levels to 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 to area-wide noise levels would not be cumulatively considerable. Analysis of the Proposed Project Currently, the Project site is partially developed with an existing surface parking lot where the noise sources include vehicles traveling to and from the golf course. Other noise sources in the vicinity of the golf course include stationary noise sources in existing residential and commercial areas such as pool and spa equipment or heating, ventilating and air conditioning (HVAC) units. Temporary noise sources include landscape maintenance activities, home stereo systems, golf course users and carts, and barking dogs, which are governed by the provisions of the City Noise Ordinance and Municipal Code. Specific Plan and Precise Plan The proposed Specific Plan amendment would result in a consistent maximum buildout potential as the approved 2019 Specific Plan and therefore, impacts would be the same as those analyzed in the EIR for maximum buildout. Buildout of the revised Precise Plan has the potential to result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage, and a 14% reduction in parking compared to maximum buildout assumptions analyzed in the EIR. Therefore construction and operational noise levels associated with buildout of the Precise Plan would be less intense than those previously analyzed in the EIR due to the reduction in development density and building square footage. 82 Construction noise would be expected to be similar under both buildout scenarios (2019 and proposed), since the entire site would still be graded and constructed upon. Construction activities associated with build out of the proposed Project would adhere to the City’s allowable construction hours, and would also be temporary in nature. Since temporary construction noise is exempt from the City’s noise ordinance requirements, construction-related noise would result in less than significant noise impacts. Therefore, construction-related noise due to the proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact previously analyzed in the EIR, and impacts would remain less than significant. Post-construction activities would be limited to hotel, surf center, surf lagoon, and residential operations and activities that would not be expected to generate long-term or excessive groundborne noise or vibration. Operational noise under the Precise Plan would consist of the same noise sources, including the outdoor activities of the surf lagoon, hotel and residential pools and activity areas, but these would be marginally reduced because of the decrease in residents and guests resulting from the smaller hotel and fewer residences. Operational noise under the proposed Precise Plan is expected to be less than significant and less than that of maximum buildout of the site under the Specific Plan due to reduced density and associated traffic to and from the site. Long-term operations would not result in any new impacts and would reduce the impacts previously analyzed in the EIR. Similar to the 2019 Project, it is anticipated that surf competitions and other special events would be organized at the site which may result in the use of amplified musical equipment. Other notable noise generating activities include surf lagoon/wave machine activity, outdoor game activities, and outdoor event activity. However, proposed Project operations are the same as those proposed in the approved 2019 Project, and therefore impacts associated with operational noise for special events will be the same as those analyzed in the EIR, and would remain less than significant. Operation-related noise due to the proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact previously analyzed in the EIR. Summary Overall, build out of the proposed Project will result in impacts that are comparable to, or lower than, what was analyzed for the 2019 DSRT SURF Specific Plan. With the implementation of General Plan policies and Municipal Code requirements, impacts will remain less than significant. 3.14. POPULATION, EMPLOYMENT, AND HOUSING Summary of Findings in the EIR According to city’s General Plan EIR, the City’s 2015 population was 49,335, making Palm Desert the third largest city in the Coachella Valley and the twelfth largest city in Riverside County, accounting for 2.2 percent of the county’s total population. Between 2000 and 2014, the annual population growth in Palm Desert was 662 persons per year, representing a 22.5 percent level of growth. 83 According to the 2019 Project EIR, the 2018 population of the City of Palm Desert was 52,769, which represents a 1.4 percent increase over 2017. The City is composed of a mix of single-family and multi-family development, but the majority (55%) of housing units are single-family homes. The Southern California Association of Governments (SCAG) estimates that the City will have a total population of 61,700 in 2040.26 The 2019 Project would result in the construction of 88 new resort style villas, up to 350 hotel rooms and amenities, and a surf lagoon with surf center facilities to include restaurant, bar, retail and similar facilities. All of the proposed uses will generate a variety of new jobs, including retail, restaurant service jobs, recreational instructors and management personnel. However, on-site employment opportunities are expected to be filled by people already living in the valley; therefore, new employment opportunities associated with the proposed Project are expected to be minor and less than significant. The 2019 Project anticipated that the 88 villas would operate as either timeshares and/or an extension of a future hotel. However, the 2019 Specific Plan allows for permanent single-family housing units. Given the city’s average household size of 2.17 persons in 201827, 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. Buildout of the 2019 Project 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 were found to be less than significant. 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. Analysis of the Proposed Project Specific Plan and Precise Plan The proposed Specific Plan does not change the residential densities or development intensities previously analyzed in the 2019 Specific Plan. Therefore, Specific Plan-related impacts to population and housing would be the same, and the proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact previously analyzed in the EIR. 26 2016-2040 Demographics and Growth Forecast by Southern California Association of Governments – Page 27. 27 “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. 84 Buildout of the Precise Plan would result in a 92 room hotel, 83 villas, and surf lagoon. Compared to the 2019 Project, and using the 2020 average household size of 2.15 persons, the proposed Project could potentially increase the city’s permanent population by approximately 179 persons, resulting in a 12 person population decrease compared to the 2019 Project. This also 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. Summary Implementation of the proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the EIR. The purposed Precise Plan would lower the site’s residential density when compared to the maximum density allowed in the Specific Plan, resulting in a reduced population potential compared to that analyzed in the EIR. The site is vacant and will not displace any existing population or cause a need for additional housing elsewhere. The proposed Project does not change or propose additions to existing infrastructure, such as streets or utility lines, and those impacts will be consistent with that analyzed in the EIR, and remain less than significant. Overall impacts associated with the build out of the Precise Plan are expected to be less than those previously identified in the EIR. Therefore, implementation of the proposed Specific Plan and buildout of the Project would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.15. PUBLIC SERVICES AND UTILITIES Summary of Findings in the EIR Fire Protection The City of Palm Desert contracts with Riverside County Fire Department (RCFD) for fire protection services. RCFD is one of the largest regional fire service organizations in the State of California. At the time of the EIR, the nearest fire station to the Project site was Riverside County Fire Station 71 at 73995 Country Club Drive, approximately 0.5 mile southwest of the Project site. This station also receives backup fire support from station No. 55 in Indian Wells and Stations No. 50 and No. 69 in Rancho Mirage. The station physically closest to the emergency will respond even if it is outside the station’s official jurisdiction. The RCFD service area consists of all unincorporated areas in Riverside County, 18 contract cities, and one Community Service District (CSD). Under contract with the California Department of Forestry and Fire Protection (CAL FIRE), the RCFD is the Operational Area Coordinator for the California Fire and Rescue Mutual Aid System for all fire service jurisdictions in the County of Riverside. As such, RCFD has also been given the authority to enter into several automatic aid agreements with city jurisdictions, as well as with adjacent National Forests. 85 Construction and operation of the 2019 Project as a whole would increase the demand for fire protection and emergency response services. The construction of all components within the 2019 Project will result in a marginal potential increase in fire and medical response demand associated with construction activities and equipment. However, the Fire Code requires that water connections be available prior to the initiation of construction, thereby assuring that should a fire occur, water will be available to extinguish it. In addition to the two public access points provided on Desert Willow Drive, a third emergency access was to be be provided at the northwestern portion of the site, from the adjacent Westin Willow Ridge roadway. Emergency vehicles would circulate through the Project area using the internal roadway loop. The internal roadway 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 assure adequate access for emergency and fire equipment vehicles. Pavements are required to support loads created by emergency vehicle traffic. Standpipe and fire suppression system connections are required for architectural design elements and in locations accessible to fire equipment. The 2019 Project’s demand for services was expected to be consistent with that of other residential, commercial, and resort developments in the Project vicinity. It was not expected to require the construction of new or physically altered fire facilities that might result in physical environmental impacts. Impacts were expected to be less than significant. The surf lagoon includes lifeguard facilities, including a lifeguard tower on the north end of the lagoon with visibility over all parts of the lagoon. This design feature supplements emergency fire response, and assures that impacts associated with emergency medical events at the lagoon would remain less than significant. The 2019 Project would be required to pay the Fire Facilities Impact Fee, which is charged on new residential and commercial development. Funding provided by the Project would result in capital that would be used toward future fire facilities. All off-site improvements would result in no impact, with the exception of 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. Police Protection The City of Palm Desert Police Department (PDPD) is contracted through the Riverside County Sheriff’s Department (RCSD) for police protection services. RCSD provides several law enforcement services, such as general community policing, as well as the operation and maintenance of several correctional facilities, to areas under its jurisdiction. The RCSD is a "demand response" agency that maintains limited patrol services throughout the County of 86 Riverside. The RCSD has established a criteria of one sworn officer per 1,000 population; one supervisor and one support staff employee per seven officers; one patrol vehicle per three sworn officers; and one school resource officer per school. The nearest police station is the Palm Desert Police Station on Gerald Ford Drive, approximately 1.6 mile to the northwest. When the EIR was certified, staffing consisted of 70 sworn officers that included 45 deputies, 10 of which were dedicated to traffic enforcement. The City of Palm Desert provided about 1.75 sworn officers for every 1,000 residents. The average response time by priority is as follows:28 Priority 1 calls < 5 minutes Priority 2 calls < 19 minutes Priority 3 calls < 35 minutes Adoption and implementation of the 2019 Project would increase visitors, patrons, population, and employees onsite, thereby generating a potential increase in the level of police protection service calls from the Project site. The Project is expected to host special events that could attract an estimated 3,500 ticketed spectators. Such events may require coordination with the Palm Desert Police Department for additional onsite police support, such as directing traffic or increased foot patrols. Special events will occur occasionally and are expected to be consistent with other regional entertainment venues and sporting competitions, requiring additional police support but not increasing demand to the extent that new or expanded police personnel or facilities are needed. The 2019 Project also included bars, restaurants, and a surf center that could attract late-night patrons. Trained security personnel were required, per Mitigation Measure PS-1, to be employed to minimize impacts to the Palm Desert Police Department at onsite facilities and during daily operations and special events. Overall, with the buildout of all components of the 2019 Project, the net increase in persons at the project site on a daily basis would not require a substantial increase in police protection services in order to maintain the current officer to civilian ratio. No new or expanded police stations, the construction of which could cause significant environmental impacts, would be needed as a result of the 2019 Project. However, the EIR determined that additional police support may be required during special events, and private security personnel 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 were required, and are provided below. These measures 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, the EIR determined that impacts to police protection services would be less than significant. 28 Provided by Lieutenant Robert Castro at Riverside County Sheriff’s Department in August 2018. 87 All off-site improvements would result in no impact, with the exception of 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. Schools Public education services and facilities are provided to Palm Desert by the Desert Sands Unified School District (DSUSD) and the Palm Springs Unified School District (PSUSD). At the time the EIR was prepared, DSUSD consisted of 19 elementary schools, one charter elementary school, six middle schools, one charter middle school, four comprehensive high schools, two continuation high schools, one alternative education school, and one preschool.29 The project site is within DSUSD’s jurisdiction.30 The nearest school is James Earl Carter Elementary School, located approximately 1.10 miles southwest of the project site. The residential portion of the 2019 Project would introduce approximately 191 new residents to the Project site. When the EIR was prepared, schools that serve the Project area were over capacity. Based on DSUSD student generation rates at the time the EIR was prepared, the 2019 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 were 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 EIR determined that existing laws and regulations would require funding for the provision or expansion of new school facilities to offset impacts from new residential or commercial development, including payment of the required developer fees, and therefore impacts were considered less than significant. 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 population and there will be no impacts. Parks The City of Palm Desert has a total of 163 acres of park lands and an additional 56 acres dedicated for future parks.31 Beyond the Desert Willow golf course, within which the Project is located, the nearest public park to the project site is Hovley Soccer Park, approximately 1.1 mile south of the proposed Project. 29 Desert Sands Unified School District; https://www.dsusd.us, accessed November 2018. 30 Desert Sands Unified School District Boundary Map; https://www.dsusd.us/sites/default/files/DSUSD_SchoolFacilities.pdf, accessed November 2018. 31 Palm Desert General Plan Draft EIR – Page 4.14-18. 88 Implementation and buildout of all components of the 2019 Project would result in the development of a surf center, surf lagoon, up to 350 hotel rooms, restaurants, retail, and up to 88 new villas that could generate approximately 191 new residents, including approximately 31 school-aged children, if the villas are developed as permanent housing units. The Project proposed 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. The surf lagoon was 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. 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 (DIF) that support the City’s park and recreation fund (as required by City’s Municipal Code 25.40.13032), would be adequate to accommodate the Project’s demand for parks and recreational services. Therefore, Project impacts to parks would be less than significant. None of the off-site improvements would generate demand for park services and, therefore, no impact was anticipated. Other Public Services Other public facilities in the City include city hall, the public library, museums, and medical/emergency facilities. As mentioned above, the Project’s recreational facilities, particularly the surf lagoon, were 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 were expected be less than significant, and no mitigation measures were required. Mitigation Measures PS-1. All components of the Project shall be required to employ on-site private security. PS-2. Per the City’s Municipal Code Sections 5.87.180 and 5.100.02033, 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. 32 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 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). 33 Palm Desert Municipal Code 5.87.180 (Special events notification required) and 5.100.020 (Special event temporary entertainment permit required). 89 PS-3. Project facilities shall be designed and maintained to maximize public safety, including providing secure facilities access and parking, adequate nighttime lighting, maximization of defensible space and minimization of “dead zones,” and professional security personnel. The Project proponent shall coordinate with the Police Department to assure the Project is designed to address these and other safety concerns. PS-4. During construction, excavation areas, construction staging, and storage areas shall be fenced and locked. All equipment shall be returned to staging and storage areas at the end of each work day. Analysis of the Proposed Project Specific Plan and Precise Plan The proposed Specific Plan amendment would not increase the overall project density or development intensity of the approved 2019 Specific Plan, and therefore impacts to public facilities associated with population increases would be comparable to what was previously analyzed in the EIR. The Precise Plan would result in a reduction in potential dwelling units from the maximum buildout potential of 88 units to 83 units. This change will also result in a corresponding reduction in population. These reductions will also reduce demand from fire and police services, since fewer incidents would occur due to reductions in density at both the villas and the hotel. Similarly, impacts associated with libraries, schools and parks would be reduced with buildout of the Precise Plan, due to reductions in units and population requiring these services. Summary Implementation of proposed Project would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the EIR. The proposed Project will be subject to the same mitigation measures as the 2019 Project. Overall, impacts are expected to be comparable to or less than those previously identified in the EIR due to the reduction in hotel room guests, residential density and population proposed by the proposed Precise Plan. Therefore, implementation of the Specific Plan amendment and buildout of the Project would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. 3.16. TRANSPORTATION Summary of Findings in the EIR Roadway Network Regional connectivity to the City is provided by Interstate 10, Highway 111, and State Route 74. Major roadways include Highway 111, Fred Waring Drive, Country Club Drive, Frank Sinatra Drive, Gerald Ford Drive, Dinah Shore Drive, Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Higher volume roadways include Washington Street, Monterey Avenue, 90 Highway 111, and Fred Waring Drive which are designed to carry approximately 51,000 (avg.), 37,400 (avg.), 39,800 (avg.), and 36,300 (avg.) vehicles per day at General Plan buildout (2040), respectively. Major roadways in the vicinity of the Project site include Country Club Drive to the south, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra Drive to the north. At General Plan buildout, these major roadways could carry approximately 34,900 (avg.), 14,600 (avg.), 21,700 (avg.), and 12,300 (avg.) vehicles per day, respectively.34 Level of Service (LOS) is a qualitative measure used to define the performance of a roadway system. The desired and optimal level of service for intersections and roadway segments within the City is LOS C; however, LOS D is considered the generally acceptable service level. Transit Public transportation in the Coachella Valley consists of transit bus service operated by the SunLine Transit Agency. When the EIR was written, six SunLine bus routes served the City of Palm Desert: 20, 21, 32, 54, 70, 111, and Commuter Link 220.35 Sunline also provides paratransit service to supplement fixed route service. Service headways ranged from 20 minutes to 60 minutes during the weekdays. Less frequent service was provided on nights and weekends. The closest bus route to the Project site is Route 20 which extends along Cook Street. The nearest bus stop to the Project site is located at Cook Street and Country Club Drive, approximately ½ mile to the east. Bicycle and Golf Cart Facilities When the EIR was prepared, bicycle facilities in the immediate Project area included Class III bike lanes along Country Club Drive, Cook Street, Portola Avenue, and Frank Sinatra Drive.36 The Project site is located within the Desert Willow golf course property, and golf cart paths run along all sides of the property. Meandering pathways also extend along much of Desert Willow Drive.37 CV Link CV Link is a multi-modal transportation pathway which, at full buildout, will extend ±49 miles through 12 Coachella Valley jurisdictions, from Palm Springs on the west to the Salton Sea on the east.38 At the time the EIR was written, approximately 2.4 miles of CV Link had been constructed in the City of Cathedral City. In the City of Palm Desert, CV Link was to be constructed along the Whitewater River Stormwater Channel, and generally along Parkview Drive and Magnesia Falls Drive. It is anticipated that CV Link, once fully constructed, will contribute to increased fitness, local reductions in traffic volumes and associated air pollutants, and expanded economic opportunities. 34 Palm Desert General Plan (DEIR) – Table 4.15-24, The City of Palm Desert, 2016. 35 SunLine Transit Agency Website, https://www.sunline.org, accessed February 2019. 36 “Coachella Valley Association of Governments Active Transportation Plan,” Michael Baker International, 2016. 37 Google Earth Pro Version 7.3.2.5491. 38 CV Link Draft EIR (2017). 91 Pedestrian Environment Connections between roadways and transit facilities are provided through a network of sidewalks and crosswalks. The nearest pedestrian sidewalk to the Project site is along Desert Willow Drive. Sidewalks also exist along Country Club Drive, Cook Street, Portola Avenue, and Frank Sinatra Drive. Airports The Coachella Valley is served by three airports. The Palm Springs International Airport is the largest and primary air transportation link for the region. It is located approximately 8 miles northwest of the subject property and is classified in the National Plan of Integrated Airport Systems (NPIAS) as a long-haul commercial service airport. It also handles air freight and provides heliport access that is largely limited to medical evacuation flights between the Desert Regional Medical Center and Eisenhower Medical Center. The Bermuda Dunes Airport is a privately owned, public use airport located approximately 5.5 miles northeast of the subject property. It accommodates corporate and private aircraft and is the designated airport for medivac flights for John F. Kennedy Hospital and Eisenhower Medical Center. The Jacqueline Cochran Regional Airport is located in the unincorporated community of Thermal, approximately 15 miles southeast of the Project site. It caters to business and private aviation aircraft. Intersection Operations The Project-specific Traffic Impact Analysis (TIA) studied twelve (12) intersections in the Project area based on the Project description and input from City staff. Conditions were evaluated for weekday PM peak hours and Saturday peak hours, when the proposed Project is expected to be busiest. Data in the EIR demonstrated that all studied intersections are operating at acceptable LOS during one or more peak hours, except for the intersection at Cook Street and Market Place Drive, which is unsignalized and operating at LOS F during the PM peak hour only. The EIR requires mitigation 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. The TIA also analyzed potential impacts of the 2019 Project on the I-10 freeway ramps at Cook Street, since special events are expected to attract travelers from more distant locations that will require freeway travel. The EIR determined that the freeway off-ramps will operate at acceptable levels during special events. 92 Vehicle Miles Traveled 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.” During construction, an estimated 12,875 haul trips (equivalence)39 will transport excess soils to either: 1) vacant land on the Desert Willow Golf Course, less than ¼ mile from the Project site, or 2) along Cook Street to the Classic Club 2½ 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. The EIR determined that buildout of the entire Project would generate a combined total of 5,496 weekday daily trips during typical operation, and a combined total of 7,288 weekend daily trips during special events. 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. The EIR determined that the Project’s central location and proximity to arterials, I-10, and established transit routes are expected to reduce the amount of driving required to access the Project. Therefore, impacts were considered less than significant. Emergency Access 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 Project. 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. After the construction and installation of off-site improvements is complete, these project components will have no impact on emergency access. 39 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, CalEEMod 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). 93 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 operation (Mitigation Measures TRANSP-15 through TRANSP-19). With implementation of these mitigation measures, Project-related impacts will be less than significant. Parking and Special Events Overflow parking improvements are planned for 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 at this location in a fully improved parking lot. During standard operations, the lot will be vacant, and no special traffic management strategies will be necessary. However, during special events, up to 1,459 vehicles would require parking and vehicles will access the overflow parking lot via Cook Street, Country Club Drive, and Market Place Drive. The EIR determined that without additional off-site parking, 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. Transit Service The surf lagoon, surf center, hotel, and villas will have no impact on transit, bicycle, or pedestrian facilities. The Project site is ½ mile from the nearest Sunline transit route and bus stops on Cook Street, and ⅓-mile from the nearest sidewalk and bike lane on Country Club Drive. 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. Summary of Impacts The TIA assumed that all project components would be built out by 2022, studying both typical daily operations and special events. Although the 2019 Project was to be implemented in two phases, and both phases may not be completed by 2022, this represents a worst-case scenario in which all traffic impacts occur simultaneously. Typical daily operations were assumed to include up to 95 surfers at one time in the lagoon, activity at surf center retail and restaurant facilities, and full occupancy of the 350 hotel rooms and 88 villas. Special event operations considered the addition of up to 3,500 ticketed guests at the surf lagoon, in addition to the operational characteristics described above. As previously discussed, the intersection at Cook Street and Market Place Drive would operate at LOS F during the PM peak hour only. 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 94 minimum of 165 feet (Mitigation Measure TRANSP-2) would also reduce Project impacts at this intersection. 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. 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. During long-term operation, vehicles accessing the site will be similar to those accessing the adjacent golf course. Off-site improvements would have no impact on traffic-related hazards at buildout. Overall, No impact would occur. In regard to off-site improvements, stormwater management, pool/lagoon discharge, soil removal and storage, golf course turf reduction, and landscaping improvements would have no impact on circulation plans, policies, or programs. Mitigation Measures Site Access Improvements TRANSP-1 The Project proponent shall pay its fair share of the costs of installing a traffic signal at the intersection of Cook Street and Market Place Drive. The fair share amount shall be 12.1%, as defined in Table 1-5 of the “Desert Wave Traffic Impact Analysis, City of Palm Desert,” prepared by Urban Crossroads, March 4, 2019. Signal timing shall be coordinated with the traffic signal at the intersection of Cook Street and Country Club Drive. TRANSP-2 The Project shall extend the eastbound left turn lane on Market Place Drive at Cook Street to provide a minimum of 165 feet of storage. TRANSP-3 Onsite traffic signing and striping shall be implemented in conjunction with detailed construction plans for the Project site. TRANSP-4 Sight distance at each Project access point shall be reviewed with respect to Caltrans and City of Palm Desert sight distance standards at the time of preparation of final grading, landscape, and street improvement plans. Special Event Traffic Management 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 95 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. TRANSP-6 Shuttle service shall be provided to transport spectators between the Project site and overflow parking lot via Desert Willow Drive, and for any other off-site parking location required to accommodate the parking requirements for each special event. The calculation for number of parking spaces required shall be based on the number of planned attendees, divided by 2.4, and multiplied by 0.70 (70%) (as described in Section 1.10 of the “Desert Wave Traffic Impact Analysis, City of Palm Desert,” prepared by Urban Crossroads, March 4, 2019). Shuttle routes and stops shall be identified in the Special Event Traffic Management Plan. TRANSP-7 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of portable changeable message signs (CMS) along Country Club Drive and Cook Street to facilitate event traffic to and from on-site and off-site parking. TRANSP-8 In developing the Special Event Traffic Management Plan, the Project proponent shall include the use of law enforcement personnel and/or special event flaggers to direct traffic at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, 3) Desert Willow Drive & Market Place Drive, and 4) Desert Willow Drive & Project entrance. Any plans involving law enforcement personnel shall be coordinated with the Palm Desert Police Department. TRANSP-9 In developing the Special Event Traffic Management Plan, the Project proponent and City shall include the use of public service announcements (PSA) to provide information to event guests prior to the event. Examples include, but are not limited to, online event information (i.e., suggested routes, parking, etc.), changeable message signs (CMS) prior to the event, and brochures. TRANSP-10 The City shall provide traffic signal timing adjustments based on the expected peak arrival and departure periods of the special event at the following locations: 1) Desert Willow Drive & Country Club Drive, 2) Cook Street & Market Place Drive, and 3) Cook Street & Country Club Drive. TRANSP-11 In developing the Special Event Traffic Management Plan, the Project proponent shall include the designation of convenient and accessible drop-off and pick-up areas to promote ridesharing and reduce parking demands. The Plan may also include short-term parking with time restrictions of 10-15 minutes for staging areas for ridesharing vehicles. TRANSP-12 In developing the Special Event Traffic Management Plan, the Project proponent shall include providing off-site parking facilities for employees to increase available on-site parking for guests. Employee parking sites shall be served by shuttles that transport employees to and from the Project site. 96 TRANSP-13 In developing the Special Event Traffic Management Plan, the Project Proponent shall include implementing valet parking to increase available on-site parking capacity. TRANSP-14 The Project proponent shall demonstrate availability of additional parking spaces at Desert Springs Marketplace, the Indian Wells Tennis Garden or other location(s) prior to each special event. Shuttle service to/from the Project site shall be provided to serve all off-site parking locations. Emergency Access TRANSP-15 Prior to site disturbance, construction staging plans shall be approved by the Public Works, Fire, and Police Departments to assure they adequately consider and account for temporary detours, changing access to business and residential areas, and emergency access, and that they cause minimal disruption to adjoining streets and land uses, during all phases of Project development. TRANSP-16 The Construction Manager shall be required to identify and promptly repair any Project-related damage to existing public roads upon completion of each phase of Project development. The Construction Manager shall monitor the condition of these routes throughout the construction process and, in the event of an accidental load spill or other Project-related incident, shall arrange for the immediate clean-up of any material with street sweepers or other necessary procedures. TRANSP-17 The final location and design of the site access points and internal circulation improvements shall comply with City of Palm Desert access and design standards and be reviewed by the City Engineer and Fire and Police Departments. TRANSP-18 Parking adjacent to the surf lagoon, surf center, hotel, villas, and other buildings shall be prohibited, where necessary, to provide unobstructed access by emergency service vehicles and first responders. TRANSP-19 The Police and Fire Departments shall be provided with a Knox Box or other master key or access code that enables immediate entry to the Project’s secured emergency access gate on Willow Ridge. Cumulative Impact Mitigation TRANSP-20 The Project proponent shall participate in the CVAG’s TUMF program by paying the requisite TUMF fees. 97 Analysis of the Proposed Project Specific Plan and Precise Plan The Specific Plan amendment would facilitate the same buildout potential as the 2019 Specific Plan, and therefore would result in similar impacts to traffic and circulation. Access to bicycle and golf cart facilities, transit, the pedestrian networks, and CV Link is the same as previously analyzed in the EIR. Buildout of the revised Precise Plan has the potential to result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage, and a 14% reduction in parking compared to maximum buildout assumptions analyzed in the EIR. To calculate traffic trips for the Precise Plan, the same trip generation rates used in the 2019 EIR were used to calculate Project-specific trip generation. The following trip generation rates were used: • Hotel: The 2019 EIR analyzed 350 rooms at a rate of 8.36 daily trips per room for a total of 2,926 daily trips. The Precise Plan proposes 92 rooms for a daily trip generation of 770 daily trips; • Surf Center/Surf Lagoon: The 2019 EIR and Traffic Impact Analysis (TIA) used the number of guests per day as the metric to assess the surf center and lagoon trip generation. Daily capacity and usage rates will remain the same, and therefore the same assumptions used in the EIR were used for a total of 1,126 daily trips; • Villas/Stacked Flats: The 2019 EIR analyzed 88 villas at a rate of 8.36 daily trips per unit for a total of 736. The Precise Plan proposes 83 units for a daily trip generation of 694; • Retail: The 2019 EIR and TIA analyzed 4,000 square feet of retail space separate from the surf center and hotel at a rate of 46.12 daily trips per 1,000 square feet for a total of 152 daily trips. The Precise Plan proposes 418 square feet of retail to be located within the surf center building for a total of 20 daily trips; • Restaurant/Bars: The 2019 EIR and TIA analyzed 11,250 square feet of restaurant/bar space at 112.18 daily trips per 1,000 square feet for a total of 1,264 daily trips. The Precise Plan proposes 3,271 square feet of restaurant/bar space for a total of 367 daily trips; • Special Events: The Precise Plan does not propose changes to special event capacity, therefore it is assumed that the same daily trips would apply (3,500 guests for a total of 2,918 daily trips during special events) Based on the factors above, the Precise Plan has the potential to generate approximately 2,977 daily trips (before internal trip capture) during typical operations (no special event). Compared to the maximum buildout assumptions analyzed in the 2019 EIR, the Precise Plan has the potential to reduce daily trips by 52%, from 6,204 daily trips (also before internal trip capture) to 2,977 daily trips. These trips will be further reduced by the internal capture created by the use synergies. Therefore, it can be assumed that daily trips and peak hour trips associated with buildout of the Precise Plan would be less intense than those previously analyzed in the EIR due to the reduction in overall development density and building square footage. 98 The Precise Plan would maintain the three emergency access points (two main driveways and Desert Willow Drive) previously analyzed in the 2019 EIR and will therefore not result in a new adverse impact. The Precise Plan will also have access to the same external network of transit, golf cart, bicycle, and pedestrian networks in Project vicinity, and proposes an internal network of multimodal paths to encourage non-vehicular travel throughout the site. The proposed Project will adhere to the same mitigation measures set forth in the EIR and no new mitigation measures are required. Therefore, implementation of the proposed Specific Plan amendment and buildout of the Project would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR 3.17. UTILITIES Summary of Findings in the EIR Water Service The main water source used by CVWD for urban potable water use is local groundwater. The CVWD operates more than 100 wells to obtain groundwater from both the Whitewater River and the Mission Creek subbasins of the Coachella Valley Groundwater Basin.40 The Coachella Valley Groundwater Basin has been identified by the Department of Water Resources (DWR) as being in a condition of overdraft since the 1940s. CVWD, through its water replenishment programs, estimates that overdraft in both the West and East Whitewater River subbasins has been curtailed, but must be maintained. Although Colorado River and SWP water are used to replenish the groundwater basin, the potable water distribution system does not currently receive water directly from either imported water source. As discussed in the Hydrology and Water Quality Section, and per the Project-specific Water Supply Assessment (WSA), the proposed Project would require approximately 165.21 AF of water annually. Of that demand, it is anticipated that the 2019 Project will use up to 8.54 AFY of recycled water for landscaping. Implementation of the Turf Reduction Plan would reduce irrigation water consumption in the immediate Project area, serving to offset the water demand of the proposed Project by approximately 106.75 AFY. Use of recycled water for landscaping and the Turf Reduction Plan would reduce the Project’s overall net water demand to 58.46 AFY. 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. The EIR and WSA determined that CVWD has sufficient water supplies available to serve the Project in future during normal, dry and 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, with the implementation of the Turf Reduction Program required in Mitigation Measure HYD-4. 40 Engineer's Report on Water Supply and Replenishment Assessment 2017-2018, CVWD. 99 The 2019 Project would require extension of water lines within the site to connect to the existing CVWD water lines under Willow Ridge Road and the traffic circle at Desert Willow Drive. 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. Wastewater CVWD also provides wastewater and sewage collection and treatment services in the city. Wastewater is conveyed through sewer trunk lines generally ranging in size from 4 to 24 inches, relying primarily on gravity flow. When the EIR was prepared, CVWD treated and recycled wastewater at two wastewater treatment plants (WRP-9 and WRP-10) for the City of Palm Desert and surrounding areas. These two plants had a total capacity of 18.40 million gallons per day. The EIR estimated that the Project would generate a total of 161,500 gpd of wastewater per day, which will constitute an increase of 1 percent of the treatment flows currently entering the CVWD’s WRP-10 daily. Recycled water from these facilities has been used for golf course and greenbelt irrigation in the City for many years, including irrigation at the Desert Willow golf course, thereby reducing demand on the groundwater basin. CVWD implements all requirements of the Regional Water Quality Control Board pertaining to water quality and wastewater discharge. According to the CVWD, the existing sewer lines under Willow Ridge Road and the traffic circle at the clubhouse entrance on Desert Willow Drive 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. 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. Overall, the EIR determined that CVWD has sufficient treatment capacity to treat wastewater generated by the 2019 Project, and the Project is not anticipated to result in the construction or relocation of a wastewater treatment plant. The 2019 Project’s impact on wastewater treatment systems would be less than significant. Stormwater Management and Protection Within CVWD's boundaries, there are 16 stormwater protection channels. The entire system includes approximately 135 miles of channels built along the natural alignment of dry creeks that naturally flow from the surrounding mountains into the Whitewater River. Along with the channels, a number of dikes and levees have been designed and built to collect rapidly flowing flood water as it drains from the adjacent mountains onto the floor of the Coachella Valley. 100 The backbone of the stormwater protection system is a 50-mile stormwater channel that runs from the Whitewater area north of Palm Springs to the Salton Sea. The western half of the channel, known as the Whitewater River Stormwater Channel, runs along the natural alignment of the Whitewater River that cuts diagonally across the valley to Point Happy in La Quinta. Because the riverbed flattens out naturally downstream from La Quinta, a constructed stormwater channel funnels flood waters to the Salton Sea. East of Point Happy, the channel is known as the Coachella Valley Stormwater Channel. The channel was built to withstand a flow of 80,000 cubic feet per second, which is greater than flows generated by a 100-year flood event.41 The Project would introduce impervious surfaces in the project area through the construction of buildings, pedestrian pathways, parking lots, and internal roadways. As explained in the Hydrology and Water Quality Section, 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 preliminary hydrology study for the 2019 Project demonstrates that the existing waste areas have capacity to accommodate Project 100-year flows. Therefore, the 2019 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. Electricity Southern California Edison (SCE) provides electrical service to the City of Palm Desert and many areas of the Coachella Valley, serving approximately fifteen (15) million people within a service area of approximately 50,000 square miles, including the Coachella Valley. According to the Palm Desert Greenhouse Gas Inventory Update, city-wide electricity usage in Palm Desert in 2013 was 756,834,386 kWh.42 This includes all electricity consumed by municipal buildings, residential, commercial, and industrial land uses, and resorts and golf courses, combined. Operation of the proposed Project would consume approximately 21,711,725 kWh per year of electricity in total43. This represents a 2.87 percent increase in annual City-wide electricity usage. Installation of solar panels would 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. 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. 41 Ibid. 42 Palm Desert Greenhouse Gas Inventory 2013 Update. 43 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. 101 Natural Gas Natural gas is provided to the City of Palm Desert by the Southern California Gas Company (SoCalGas). According to the Palm Desert Greenhouse Gas Inventory Update, city-wide natural gas consumption totaled 17,532,930 therms in 2013.44 This includes natural gas consumed by residential, commercial, and industrial land uses, and resorts and golf courses. Operation of the proposed Project would consume approximately 331,811 therms per year45 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). The Project site would connect to the existing SoCalGas distribution lines located at the perimeter of the Desert Willow traffic circle. 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. No additional natural gas facilities will need to be constructed or relocated. Impacts will be less than significant. Telecommunications Landline phone services in the City are mainly provided by Frontier Communications Corporation. It is the fourth largest provider of digital subscriber lines (based on coverage area) in the County. 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. Solid Waste Solid waste disposal services in Palm Desert are provided by the commercial vendor Burrtec. Solid waste collected from residents and businesses is hauled to the Edom Hill Transfer Station in Cathedral City and is then transported to regional landfills. When the EIR was prepared, the remaining capacities for these landfills were as follows: Lamb Canyon Sanitary Landfill Location: Beaumont Remaining Capacity = 19,242,950 Cubic Yards Ceased Op Date = 04/01/2029 Oasis Sanitary Landfill Location: Oasis Remaining Capacity = 433,779 Cubic Yards Ceased Op Date = 09/01/2055 Mecca Landfill II Location: Mecca Remaining Capacity = 6,371 Cubic Yards Ceased Op Date = 01/01/2098 Source: Solid Waste Information System database, CalRecycle. 44 Palm Desert Greenhouse Gas Inventory 2013 Update. 45 See Section 2.6 Energy for detailed discussion. Therms were estimated in CalEEMod using historical energy data for similar land use/building types. 102 Solid waste from the future development in the City would be disposed of in the Mecca II and Oasis landfills when the Lamb Canyon Sanitary Landfill has reached its capacity. All development is required to comply with the mandatory commercial and multi-family recycling requirements of Assembly Bill 341. The City of Palm Desert has implemented many programs within the community as well as within its own organization to meet AB 341 goals. Construction of the 2019 Project would generate solid waste in the form of sediments, trash and debris, oil and grease, fuels, lubricants, asphalt and concrete waste, and similar materials. Based on the Estimated Solid Waste Generation Rates established by CalRecycle, the Project would dispose of approximately 355 tons of solid waste per year46 at buildout. The Project would be required to achieve 50 percent waste diversion in accordance with Riverside 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. 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. The 2019 Project would contribute 0.02% to Lamb Canyon’s remaining capacity.47 The EIR determined that less than significant impacts would occur from the Project, and no mitigation will be required. Analysis of the Proposed Project Specific Plan and Precise Plan The Specific Plan amendment would facilitate the same buildout potential of the 2019 Specific Plan, resulting in the same demand for utilities. Therefore, the Specific Plan amendment would not result in any new impacts or increase the severity of a previously identified significant impact as previously analyzed in the EIR. Buildout of the revised Precise Plan has the potential to result in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, 53% reduction is hotel and villa building square footage compared to maximum buildout assumptions analyzed in the EIR. Therefore, it can be assumed that demands for water, wastewater, telecommunication facilities, energy infrastructure, and solid waste disposal would be less than those previously analyzed in the EIR under maximum buildout conditions. Utility demands of the surf lagoon would remain less than significant under either buildout scenario (2019 or proposed Project). To calculate water demands for the Precise Plan, the same water demand factors used in the EIR were used to calculate Project-specific water demands. The following water demand factors were used: • Hotel: 115 gal per room per day. Precise Plan proposes 92 rooms for a daily demand of 10,695 gallons per day, or 11.85 acre-feet per year (AFY); 46 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. 47 Assumes that 1 CY of commercial and residential recyclable solid waste is equivalant to 100 lbs (averaged). “Volume to Weight Conversion Factors,” US EPA Office of Resource Conversion and Recovery. April 2016. 103 • Surf Center Ancillary Uses/Maintenance/General Retail: 0.19 gallons per square foot per day. Precise Plan proposes 12,323 square feet of surf center and maintenance space resulting in a daily demand of 2,341.37 gallons per day, or 2.62 AFY; • Surf Lagoon: The same assumptions used in the EIR were used for a total demand of 73.04 AFY; • Villas: 117.7 gallons per unit per day. 83 units would generate a water demand of 9,769.1 gallons per day, or 10.94 AFY; • Pools/Landscaping: The same assumptions used in the EIR were used for a total demand of 15.9 AFY. • Turf Reduction Program: The same assumptions used in the EIR were used for a total reduction of 106.75 AFY. Based on the factors above, buildout of the proposed Precise Plan would result in a water demand of 114.35 AFY. If the 106.75 AFY of water saved from the Turf Reduction Program is applied to the proposed Project, the Project’s remaining net domestic water demand would be 7.6 AFY. This represents an 87% reduction in net annual water demand compared to the 2019 Project net water demand of 58.46 AFY. The reduction is primarily due to the significant reduction in hotel rooms, which were originally assumed to total 350. The proposed Precise Plan represents a 74% reduction in hotel rooms. In addition, the reductions associated with less surf center restaurant area, and the minor reduction in the total number of villas, from 88 to 83, contribute to a substantial reduction in water demand for the proposed Project. Therefore, buildout of the Precise Plan would be less intense than what was previously analyzed in the EIR, and impacts to water supply would be substantially reduced, and less than significant. Using the wastewater generation rate of 230 gallons per day per room/unit and 100 gallons per day per 1,000 square feet of commercial, buildout of the Precise Plan would generate approximately 41,782.3 gallons per day of wastewater, which is 119,717.7 gallons per day less (74%) than maximum buildout of the site under the existing and proposed Specific Plan (161,500 gallons per day) analyzed in the EIR. Therefore, buildout of the Precise Plan would be less intense than that previously analyzed in the EIR due to the reduction in residential density and building square footage, and would represent a less than significant impact on sanitary sewer service. Based on the Estimated Solid Waste Generation Rates established by CalRecycle48, the proposed Precise Plan would dispose of approximately 853.76 pounds per day or 155.8 tons of solid waste per year at buildout. This represents a 27% reduction is annual tons of solid waste when compared to maximum buildout of the site under the existing and proposed Specific Plan (212.66 tons per year). Therefore, buildout of the Precise Plan would be less intense than that previously analyzed in the EIR due to the reduction in residential density and building square footage, and impacts would remain less than significant. 48 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. 104 Summary Both the buildout of the Specific Plan and the proposed Project will be required to comply with General Plan policies, and regulations associated with CVWD water and wastewater use, and solid waste disposal. These standards and conditions will serve to further reduce impacts, when compared to those analyzed in the EIR. Therefore, implementation of the proposed Specific Plan amendment and buildout of the Precise Plan would not result in any new adverse impacts or increase the severity of previously identified significant impacts in the Certified EIR. r L J TERRA NOVA PLANNING & RESEARCH, INC.° MEMORANDUM November 11, 2021 TO: Eric Ceja FROM: Kelly Clark SUBJECT: DSRT SURF Water Demand Analysis A Water Supply Assessment (WSA) was prepared for the DSRT SURF project (Project) in 2019 that analyzed Project -specific water demands and potential impacts to the local and regional water supply. At that time, the Project included a 5.5-acre surf lagoon and associated amenities, up to 350 hotel rooms, up to 88 residential villas, and landscaping. The WSA determined that the 2019 Project would result in a gross water demand of 165.21 acre-feet per year (AFY) and a net water demand of 58.46 AFY after accounting for the turf reduction program which resulted in a savings of 106.75 AFY. For comparison, the net 2019 Project water demand of 58.46 AFY is less than the gross water demand for the 350 hotel rooms and 88 villas combined (60.99 AFY) (see below). The 2019 water demand breakdown is as follows: • Surf Lagoon; 73.04 AFY: Cloward H2O (2019) provided an annual water demand based on the following: o Volume: 6,900,000 gallons. Assumed a complete filling annually; Area: 236,720 SF (approx. 5.5 acres) o Water Loss: An average of 1,121 gallons/day from backwash and 45,177 gallons/day from evaporation, for a total of 46,298 gallons/day (16,898,770 gallons/year). • Evaporation was calculated using two methods: 1) 25+ year weather data for average monthly temperatures, humidity, wind, cloud cover and solar radiation rates; 2) published monthly pan evaporation rates for the area.' • Surf Lagoon Amenities; 15.28 AFY: Includes cafe, restaurant, bar, restrooms, maintenance. Standards water demand rates. • Hotel and Villas; 60.99 AFY: Includes 350 hotel rooms, 88 villas, hotel spa, villa clubhouse, and maintenance and equipment buildings. Standards water demand rates. • Swimming Pools; 7.36 AFY: Onsite pools/spas. Assumed one complete fill annually and total loss due to evaporation. • Landscaping; 8.54 AFY of Recycled Water: 120,159 square feet of landscaped area, including 11,795 square feet of turf and 108,364 square feet of native plant materials. CVWD MAWA calculation was used. • Turf Reduction Program for Firecliff and Mountain View Golf Courses: - 106.75 AFY. 'Water Supply Assessment and Water Supply Verification for the D5RT SURF Project, prepared by Terra Nova Planning and Research Inc. May 2019. 42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800 The Project was amended in 2020 and resulted in a 27% reduction in commercial space, 71% reduction in restaurant/bar space, and 53% reduction is hotel and villa building square footage compared to maximum buildout assumptions analyzed in the 2019 EIR and WSA. The water demand for the 2020 project was analyzed using the assumptions shown below: • Surf Lagoon 73.04 AFY: Same assumptions used in the 2019 EIR/WSA. • Surf Lagoon Amenities; 2.62 AFY: Includes ancillary uses, maintenance, general retail. • Hotel and Villas; 22.79 AFY: Includes 92 hotel rooms and 83 villas. • Pools/Landscaping; 15.9 AFY: Same assumptions used in the 2019 EIR/WSA. • Turf Reduction Program;-106.75 AFY: Same assumptions used in the 2019 EIR/WSA. Buildout of the 2020 Project would result in a gross water demand of 114.35 AFY and a net water demand of 7.6 AFY, after accounting for the turf reduction program. For comparison, the net 2020 Project water demand of 7.6 AFY is equivalent to the annual water demands of 58 villas. The 2020 Project's water demand is detailed in the EIR Addendum prepared for the Project and submitted for review as part of the current entitlement package. Similar projects in the Valley, specifically the Wave at Coral Mountain in La Quinta (the Wave), used an oversimplified CVWD evaporation rate forthe wave pool based on a "Plant Factor of 1.10 for a stationary body of water, and 1.20 for a moving body of water:'z The analysis does not appear to account for annual loss due to backwash, spilling, or potential refilling of the wave pool. Compared to the La Quinta Wave project, DSRT SURF used conservative water demand estimates that assume the surf lagoon will require complete filling each year, accounts for water loss due to backwash and spilling, and uses historical weather data to account for monthly temperatures, humility, wind, cloud cover, and solar radiation that affect evaporation rates. 2 Coral Mountain Specific Plan WSA, prepared by MSA Consulting, Inc. March 2020. A QUIFERAQUIFER SURF LA GOONSURF LA GOON Annual lagoon drain and daily use water going back through the drywell and into the aquifer. Water coming up from the aquifer through the well. DSRT Surf is paying to convert 24 acres at Desert Willows golf courses into drought tolerant landscaping which will result in annual water savings of 34.8m gallons. The DSRT Surf lagoon will use 23.8m gallons of water each year through an annual lagoon drainage/refill, daily water filtration, and evaporation. Much of this water will be reclaimed through dry wells which recharge the aquifer effectively recycling our water back into the system. 34.8m 23.8m 11.0m Gallons Saved by Landscape Conversion, paid fot by DSRT Surf Gallons Used by the Surf Lagoon Gallons of Water Saved! P. 401 � � � I { ! ,* •� F 1y� � , I � � � r}� l , ram• Mew Al a f."J �.7 � L 'M _ ��•, i � r� - F � - � F j� _ PIP - - • _- _ . L y •+, � .L a AMID AMID A T -F .L • ti S * , tiff _ � � ^} r_ -� } it �� r• - - ', 1y � j" �;':_'--y•. y �� r. 7. or - _� _i _ ram• x� _ 'y. r' _ Rk 14 jr e �r � � - � {I� r' 4 '• F� F.' w r . `• � �• 4 �_' yyy �y • �, �� - T - _ y ! Ii r� ,fl }:i �b': rlf •' Ff }� �" r ' T� -,}.?Ti1 , �� '�'* - •Lti .}•'�• - tom' • � � .•.. L.- 'r I ,�"! •}�.. ~i ` '* Y ~ter _ }; - r,} , } ` F`• µ ' - .•' , _ �,'±L ' M1 T. • � � �-, I i � _ ' .' L4¢' j' k,h � 51 . 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T �. i7 1 JJl��- y y .k �k '• r'- *zrJ ,' ,T _'..Y•� •.� `r.} 'Ti'� A. r r`. li7�f . _ fy y ` -� "*`L' ti• .. f �' -� �,r ' Y� -�- + • _ . - �� f} y..-�,_•'''�' _ irk• ~ �' S -•_ fia r L' , 4 + y Jr,i t �.L ti i 4 7{, } f�} Jr� J jt ,1>Iy,i4 Li L `:. �� • •f '�• _ � 4 ti+-� f,/ � � ~ r � * y 4 kip •rig'" + y • ry =' a - J -Ir di _ 4 4LALei •7� 4., _ _' ram{ �• '3{ . 7'k'"� �4�-;- - _ -2M.0 _ , r fe k L o Wb yr- m • ' �' � = ' - y _ '"�_!� • - ti � -r`f - Uzi JREG15E PLAN APPLICATION Qf Design.�tU I Relationshi APGII 6*" JC 11 EET I DE GENERAL 01 -,C-- OV ER SH EET 02 SHEETINDEX 03 PROJECT IN FORMATION 04 LAN DSCAP E & SITE COVERAGE 05- VICINITY MAP CIVIC, PRELIMINARY GRADI i & LJTl LITY PLAN AMEN DED TENTATIVE TRACT MAP ARCHITECTURAL 10 SITE P 11 HOTEL 12 HOTEL FLOOD PLANS 18 MOTEL SECTIONS 0 HOTEL ELEVATIONS 22 HOTEL PERSPECTIVES 23 HOTEL V I NETfiE 6 SURF CENTER SITE PLAN 7 SURF CENTER FLOOR PLANS 8 StJRF CENTER ELEVATIONS & SECTIONS 9 SU R F CE BITER PER PE TIV E 0 CONTRO L TOW ER SITE & FLOOR PLAT 1 CONTROL TOWER ELEVATION 32 CONTROL TOWER SECTION 33 LAG OON M E P BU I LID I N G ELEVATIONDE�I G N 37 RENDERINGS 40 MATERIAL PALETTE 42 LIFE SAFETY FLANS 47 R EI DE NTIAL & IAA CLU B HOUSE .48 R E I DE NTIAL 9TE PLAN 49 RESIDENTIAL STACKED FLAT 66 RE IDENTIAL SING LE FAM I LY ILLAS 86 H A LUBHOUSE 88 CABANAS/AITAS LANDSCAPE 92 LANDSCAPE DRAWINGS LAGOON 131 LAGOON BASIN DESIGN CODE AND PLANNING INFORMATION OCCUPANTLOAD PROPERTY ADDRESS - EXISTING USE: LOT A REA.- ZONING- MAXIMUM ALLOWED FAR PROPOSED I*_A.R. MAXIMUM ALLOWED BLDG. HEIGHT: PROPOSED BLDG HEiGHT- BUILDII NG AREA: SETBAC1 : D ES ERT W1 LLOW DR IE - PALM DEE RT VACANT 773,097 SF /17.74acres P_R_-5 RESIDENTIAL O-1 9 r- u, 4 6P-60 SEE CIVIL DRAWINGS ATTACHED PROJECTSUMMARY SITE AREA: 773,097 SF BUILDING COVERAGE: 15 ,64 5F(19.9%) FAIL: 0.19 HOTE LEVEL I AREA (GROSS) TOTAL 14r452 5F LEVEL 2 TOTAL O S F LEVEL 3 TOTAL 28,209 SF LEVEL 4 TOTAL 2 6,08 S F AMENITY DECK TOTAL 15,674 SF TOTAL GROSS BUILDING AREA (HOTEL. NLY)� TOTALGROSS GU ILDI N AREA (WITH AMENITY DECK) A P N 620 -40-02 Lf R P E- TER PER ALTA SURVEY DATES 09-07-2018 LEVEL 1--- AREA(GROSS) LIT F PROFESSIONALS TOTAL �� �4� � F REST ROOMS HOA 416 SF CLIENTS CIVIL: LIPHTI ; 0 ESE FAT WAIF E V E NTU RES THEALTUMGROUP M USCO SPO FATS LI GHT I SIG, LLC P.O. BOX 147 73-710 FRED WARING DRI E,.STE- 219 15311 BARRANCA P WY SOLANA BEACH, CA 9207b PALM DESERT CA 92260 IR INE, CA 92618 CONTROL TOWED LEVEL 1 SEA (GROSS) CONTACT CC)N TACT. CONTACT. TOTAL 429 SF John Luff Doug Franklin Mike Higgins LEVEL 2 TEL' 443-235-0803 TEL. 760-346-4750 TEL 949-754-0503 CONTROL ROOM 138 SF EMAlL. johndesertwaveventures.com € VIA IL: doug.fraWinCptheaIturn aroup_com EMAIL- rn�ke.higginv�zrnuscoxom ARCHITECT- AO A RCH fTECTi S 144 N ORANGE STREET O RA NG E. CA 92866 0 NTACT: B rUo-g GreenfiaMd, P ri r Ldpa I L LP TEL : 714-639-9860 E ICI Al L; bru ceg aoa rcht tects,co m LAGOON DESIGN EIS WAVEGA€ DEN O NTACT: Larry Stottel- TEL: +34 94-041-018 EMAlL barrygp wavegarden.corn STRUCTURAL WRIGHT ENGINEERS 2 VENTURE, SIJ ITE 200 IRVINE, CA g 618 CONTACT - Scott Jones TEL: -94?77-4001 EMAIL; sjones* vCightengineers.tom OFF MIAN ENGINEERS, INC- 1455 FRAZEE RD, SUITE 600 SAWN DI EGO CA 92 10.8 CONTACT: ChuckHope TEL : 619-232-4673 EMAlU-chuck-hope Coffman--c-am L N APE AR HITECT: AO 144 N ORANGE STREET ORANGE, CA 92366 CONTAivT- Diego A I e - i` TEL.714-6B9-9B60 EMAIL: d iegcaaoarchitec.ts_corn MSA CO NSU LTI NG I NC. 34200 BOB HOPE DRIVE RANCHO M I RAG E, CA 92270 CONTACT- Ron Gregor} TEL:760-3 0-9B11. EHAIL: rgregnr}+iA_msa�xrisuItngiric�,c;Qm MEP: RTM ENGINEERING CONSULTAWS 333.3 E_ BAT TLEFIELD RD, SUITE 1000 S-pR1NGFIELE?r M11 65804 CONTACT: Cameron Collins TEL: 417-42 -(�22$ FHAI L= ca rn-pron_co I Iinsc:ii rtm ec_com WATER TREATMENT: CLOWARD H2O 2696 N UNIVERSITY'AE., SUITE 290 PROVO, UT 54604 CON TACT: Allen CIi�scn TEL: 801-375-1223 E A IL: � c I-aw:5onqio dowarah2o.rorri APPLICABLE BUILDING CEDES BUILDING: 2018 CALIFORNIA BUJ LDI N CODE (CGC1 ACCESSIBILITY-. MOP E STRI N ENT OF CALIFORN IA bUiLDING CODE OIL APPLICA13LE FEDERAL LAW AIDA, AN52 OR CBC ENERGY- 2018 CALIFORNIA FIFE CODE (C-17C) Af4D LOCAL ORDINANCE DSRTSURF PALM DESERT. CA DESERT WAVE VENTURES, LLC TOTAL: 567 SF PARKING COUNT PARKING REQUIRED SURF CENTER & LAGOON: 1.5;70 92 KEY MOTEL. 1 PER G UESTROOM GO LF OVER FL LOW'. HALED GOLF/SURF- 83 RESIDENTIAL UNITS: 2 PER UNIT TOTAL REQUIRED' PARKiNG PROVIDED PARKING STRUCTUI� LEVEL I PARKING LOADING TOTAL, LEVEL 2 TOTAL TOTAL: 705 STALL 92 STALLS 130 STALLS (-50) STALLS 166 STALLS 443 STALLS VILLA : 166 STALLS GARAGE. 1 17 STALLS TANDEM' 34 STALLS SITE: 126 STALLS TOTAL PROVIDED- 443 STALLS *NOTE: 7 STALLS PROVIDED TI`IROUGHT VILLAS THESE ARE NOT INCLUDED IN THE PAI?KIN1 COUNT TOTAL U ESTROO MI TYPES: QQW/SLLLPER 434 SF 12 17% QQ - STIR, 373 SF 34 3 60e, DING Wj SL EEPER' 357 SF 36 7 UJTE -. 492 SF 5 5% 3 S F 2 2'% 707 S E 735SF I I TOTAL: 42 100% PRODE T I I IA Y(I E I_DE TIAL) 68, 689 SIF 84,363 SF 27,74 2 S F 1,920 SF 29,662 F 30,997 SF 60,659SF TOTAL AREA ( F) TOTAL AREA WITH TOTAL UNITS DECKS (SF) STACKED U IT ;- 8 r a8 SF 91,76 0 5 F so VILLAS' 81,891 SF 91,716 S F 33 T TA I , 16 8,529 SF 18 3,476 SF 83 HOURS OF OPERATION: 2417 NU MBER OF EMPLO EE . 40 PEP DAY MAXIMUM OCCUPANCY: 1st LEVEL 490 OCCU PANTS nd LEVEL 149 OCCUPANTS 3rd LEVEL 185 OCCUPANTS 4th LEVEL 114 OCCUPANTS TOTAL Al Ell I T (DEC K POOL/SPA 938 OCC UPANTS 313 OCCUPANTS 186 OCCUPANTS CODE ANALYSIS. A LLO AB LE AREA ANA LYSIS TABU LATIO N (018) CBCSECTIONS 503,504 06-ALLOWABLE HEI HTAND BUILDING AREA 6 LOG HEIGHT = 50�-O'< 65I T ALLOWED PER 5043 SPRI NKLER W ITH 1 NC R EAS E HOTEL BUILDING (TYPE IA & IIIA CONSTRUCTION GROU P) OCCU PAN C Y TYP E (A- 2, A-3, B. R-1, -& M) GROUP RA TYPE II`IA CONSTRUCTION W1(NPPA 13 S PRI N K LER ) A L LO1 A BILE BASIC H EIG HT 15 = 4 STORY TOTAL ALLOWABLE BUILDING AREA PER SECTION 506.2AREA DETERMINATION ALLOT ABLE BUILDIN G AREA I S = 48,000 SQMARE FEET ALLO ABLE TOTAL AtLLO1 ABLE AREA PER FLOOR IS < 48.0005QUARE FEET NOTE, I N SOM E PORTIONS, 48.000 SQUARE FEET 15 EXCE EDED_ ALLOT ABLE AREA MO D IFICATIO NS U SIDE R SECTION! 506.2 FRONTAGE INCREASE TO BE APPLIED GROUPS-1 TYPE I CONSTRUCTION W1(NFPA 1 PRINK LER ) ALLOT ABLE BASIC H EIG HT IS - UL TOTAL ALLOWABLE BUILDING AREA PER SECTION 506.2 AREA DETERMI NATION ALLOWABLE BUILDING AREA I S = UL TOTAL ALLOWABLE AREA PER FLOOR E = LJL PROJECT DESCRIPTION T IE PROJE TSITE IS LOCATED ON DESERT WILLOW DRIVE ON A 17A RE SITE IN THE C1 TY OF PALM DESEIRTr CALIFORN IA, THE PROJE T ILL IN LUDEA HOTEL AND SURF CENTER COMBINED INTO ONE BUILDING, THE HOTEL/SURF CENTER WILL BE4 STORIES I N HEIGHT INCLUDING 1 STORY OF TYPE I CONSTRUCTION WITH 3 STORI ES OF TYPE III CONSTRUCTION A ROVE. THE PROJECT WILL ALSO INCLURE PRIVATE VILLAS. THE HOTEL WILL INCLUDE 92 KEYS. THE FIRST LEVEL WILL HAVE AMENITIES INCLUDING A RE TALI RANT, STAN D-ALONE BAR, CAFE, MEETING AND BANQUET ROOMS, AND PARKING STRUCTURE. THESECOND LEVEL TO BE PARKING -THIRD LE EL TO BE FITNESS CENTER, SPA, FLEX SPACE, PREFUN TiONr BAR AN D KITC HEN. OUTDOOR AMENIT DECK POOL -SPA AREAS, AND OUFISTROO . THE FOURTH LEVEL WILL BE ENTIRELY UE TRO f S. THE HOTELAND SURROUNDI NG SITE WILL PROVIDE 279 PARKING SPACES FOR TH E HOTEL AEI D SURE C EN TER. THE SURF CENTER WILL INCLUDE SLJ RF LAGOON TICKETING AREA, RETAI L SALES, OFFICES FOR OPERATIONSAND AREAS FOR BOARD/WE TSU17 RENTALS, L01"_ KERS. BATHROOMS OI ANDAREAS FOR INDOOR1OUTDOOFZSURF INS T RUCTION_ A 5 ACRE S IJ R F LAGOON UTILIZING STATE OF THE A>RT A E GENERATING TECHNOLOGY, BEACH AREAS, CONTROL TOWER, LIFE GUARD TOWELS, VI EKING, RELAXATION AN D GATHERING AREASr P OLAND SPA, AN D ENHANCED LANDSCAPING CIRCULATING THRL1 OUT THE PROPERTY WILL BE THE MAINATTRACTION. A MAINTENANCE BUILDING AND YARD WILL BE LOCATED AT THE SOUTH END OFTHE LAGOON - THE PROJE TI ILLALSO INCLUDE 83 PRIVATE VILLAS IN A SERIES OF SEPARATE BUILDINGS INCLUDING A PRIVATE CLUE HOUSE AND WILL PROVIDE A VARIETY OF 1 AND 2 STORY U N I TTYPES AND ARCHTECTU RAL STY LES TO COMPLEMENT THE OVERALL PROJECT THE VILLAS AS WILL ALSO PROVIDE AN ADDITIONAL 166 PARKING SPACES - PROJECT INFORMATION t Architecture. Design, Relat4o -sh Ip . i Ar.% �2�- SITE COVERAGE CALCULATION TOTAL RR RERTYAREA- 773,097 F HOTEL'. 44,114 5 F SURF CENTER: 7t263 SF NTROLT WER: 429 SF RESIDENTIAL: 95,433 SF H OA CLUBHOUSE: 1,494 SF MAINTENANCE: 4,909 SF TOTAL: 153,642 F COVERAGE PERCENTAGE: 19.90% OVERALL LANDSCAPE AREA: 153,073 SF LANDSCAPE COVERAGE FERCENTA E: 19, % DSRTSURF PALM DESERT. CA ■ DESERT 1E VENTUR F, LL r i r r f r +�dt +5 r r � �71'2 Y F . _ �5 UHF f' tl•_L.=r• �. ram. r� . � r r ,r . rfr r� rr +r rF LAN DAPE ARID SITE COVERAGE Architecture. Design, Relationships. a t t a ■ F Job W. 20:20-2" Date i 0?"A-06 f ' '" ti 'M �+ IF a :� • -�T _ : r �F as �Y . i 6 1 �LI a _ �� _ a - _ �� - i - i i� - - hr rFRANKSINATRA DRIVE f41% or - wr - - s Y �A 4W.6114m. Alp - Z 4 r 1 !k + ` l *' 49 - PIk ' I Or * ,+ + �Y t h 4FILI #) F _ _ + It J4 IF + wao ■ AWN 0 # 4 M f# + .ifs * OK* +�, �.,JA ,#TWO, i , _ + ' ■ V— 40 t; Y _ NMI Lim 41 qk ION i.. Nv � l 4 qr 1 r F4 r40 , ' qL ' - a ` I - • - i aL Yea 4a i + ' IVA ` �&p } � �4 p d ' wt ` ' # ' 41 ��, 1 of Ap �_ �� M.M a �� � 4 � " s.. it F IML F AS qw y 3 F r a ■ ' J F. +r i lop Sim a wr Is Oro I t 0 ji_ 1 1, t411 0IiAt#DW Itfmloga� � . -'or qp 1L A 4 ■ - � � r - ,ram . ■ f �F 4% i 1 * y lip i •Ar _b■ rt , # + t 4w ■ 1 * ' it y + wow z qqF+ WPM* h a- + JJ r ` L't 16 y . 1 AL ,� + Mt5 Of IL r* bl m a IL--r V j y , ' . Ar YY' 4 ■� M, 1 44 • ; , 16 ' T ak 66 -41 IL GA 91L a f _ s + i ;yam• +.L 1. }trp # 4 R e r * + * '► { ■ ��.� ■ ■ T+ -- Otto bt COUNTRY CLUB DRIVE ow l f r� .s PO d — * pe L * r t ! + ;�A rf x # h ' :0 #P. 1 Ar 7h' - } ilr; t P r { .mot md — 4 s A ti f � t I , tip � • y „y'' . Lie X 3 i f L Poo WATER CONNEM yR — I �7r� I C� MIN wo }PROKSE S ER- 1 x 1 i WOE 4 ti x JFFPATMH AL } p.I I .tip_,-. f-I ti SURF LAGOON ,4DEF-SITE Em A+ C6 OF PALM UESERT L MD USE; O'E5EIRF WILLOW M F%lHf ' r 5 LAIN E SEfB+ ii t GOLF {}lJ RSE Z • r ■ r L 5 L r'%I1� 1�{� 1�{ J4�r�1 ���yyy,,, _ 4 I Ye��'y + l' Yr (*IF ~ EXISTING 1 F k � F�4� WAY DR&RACE w*M AM I Y`WK •'Ar III WAY" %pky e' P41J4ELWATM (W-F h'ElL) -} F o ."I Ir AI )Lt + 1� ft EW 1 5` WE EQIJ itll - - - - t f�CAW PATH k ' 61 i.J' _ _ So LAIN--errOAPIlir f T FAITH r, 1D it f J r 1 �' '. F 1 f J y FT11{ simTRA oivE L L cn op PDe SELL411,T M IEIT WLLOW ti 7v 1 OUNTRY CLUB DR, APPLCANUDEVELOPER IOESM WAVE: MMII fLC PO BOX 147 SOLANA BEACH, IA 92075 ,JOHN LJLJFr. MANAGING Mr-MBER ,Jahn C-I sa r tWa YeVentures. corn TEL (443) 2 3 5-01I303 OWNER PALM DESERT REI)EVEL At 311'r AGENCY 41-950 ELDORADODRNE INDIAN WELLS. CA 92210 TE' (760) 346-2489 W ALIUM GF{DLI 73--710 FRM WAKING DRIVE, SUFFE 219 PAS DESERT. WI 92260 TR (Ei) 346-47.50 EASEMBff NOTES 1 TH E CZRTAJN WWOM SVWN TIN AS -I KOE' II AND LI B EAS NT' FOR LNUCAPIE AND DRA- FUG PO ME 2 64/4-15, AN XEMENT FOR VMD�.,�IPE AND PUDLIC 1JTHJ1'Y MD N4 INOIDEl+ AL WJZ117'I-0, AS Sig 0R ASOffgkfli FOR DEDlCK10N III ME 264/4-15. m MEMENT FCR PIPELINE AND WAn NODENTAL TKRETOA AS SET FCRTt`I IN A DDUMETCf REOCRL ON JULY M. 2WS, AS IIIIE NT NO. 2008--9 41 T 275A OF OF FICAL .9 ECOR - A IMPMED MMENT FOR ACCM PIJ-1. Q A FROPOSED EASE DIT FOR GM)NG FUFP05E. AI PROPOSED EkS&EkT FOR E]MNI PLRPOSES. ® A PROF475EID MIENDa FOR WATER AND SEWER fVPI 0 A PF�OP'051m 6' mweiT FoR PteLr- Lr-.l ffIEs- VCLUMES GLJI IMPQT • __11 EAI511NG IT41.F 1.0ULI1 f i.1E1r4 I(" # ki-MUMMIL, kO-1--- .1,364 Y. f ` r rpl.iI BOUT #PPI l� DFMNAGE WASTE AREA --- -� 45 _ p % S IE GE I5 3� 7 C,1I. } f# k k 5 Ak, � GO4tF URSE k ; ; ti � � � �0UQ%T% (Y OEEP - �' R� 6,78E �.�'. 61787 V. + # f ..�� I y r t 1 F PALM DESERT • ,y .- • � L ESE � � • Di�If�GE DRYIN]-�� t � �:. OVQnChVATkN Sf'IRIIwKkK ( 15X) - - - 1,015 C_Y. 620-420-011 -LAND USE: DESERT WaO �r r` 1ju 1AAMI r.Y 41 "4 C.Y. A GOLF COURSE f, r - } r TEAL 1 DR,m f LY- 7 0w1 V. KI THE ALTUM CWUP UAXES N0 REPnEWATIOK CONMWING THE M1`WTM � + QLWMT1ES 09 THESE PLANS OTIiER-1IM ALL SUCH AGURESI, 01CLMING ALL DXH K NUMBMS, ARE PRELIUIMRY E6TllA-ES 0FIiLY, TW EMNEER SKQ_L N07 r r RF W`TA'A'gIALE FOR +41+I'i' I¢Ilw R OE'WONO 6ET4 D MUM QtJAFI AND THE �r �4 GRLPHIC SCAM 0 80 too X0 3& +tea DSRT SURF PALM DESERT, CA DESERT WAVE VENTURES, LL �'�++r �A CnjAL WANTITIES AT THE T1MIIE OF DDNS-RLAN, THE COKWIA001i IS RE5PONS'KE + t� fj TI) PERFORN HlI /HIES# OWN TAKEOrM TO DETMINE 7W M ��. r The -nlQ MIi FA I Ste, I CrrY OF PALM DESERT SHEEr ltuFart Mira, 52270 A PLANcl 1.7 ,346.4750 f, 7 .34O.OEq GrOUP Th �jAltum&aupxum DEW SURF aEIhIG A PORTKM OF TK WEST 10 OF SEUON 4, TES, RfiF, SAY OF ENGINEERING I PLANNING I SURVEY I EWIRONMENTAL FOR: CIVIL DRAWING f 4b tch+itectu ra. Design. Relationships. W104110 ZUZI -06 WE IL 00 fff L LL (261.Z RIP, ENE GSSIPAIOR r� ; r 1M 2 LM i mil — A . + _ rj IhLYI l LaLLJJLIl 1 � � ,+ 711 ,,��..'��yy,+� ,,'�yy ,,'�yy�� ����yy���� - + + - -., - � - +• rill EXIST If Rim -TIN dw Uh71R�If COLF CUURM , OR�JN•E 'BASTE' A # ti- ti�� �` ~ s r 5 i L.IrF?s` # . a � ~� _� r- (26238F.) 1' - ifs' y • *1 • 'x * r : ' '% . - - -L , �.F '•+i �L _ } 7Q , � r E inNo IBM DER .y � T r UN[ Ef IJN ENS 'INC 1G' IRRICATICH4 F _ _ j - i A ` MATCH EKISTING E y ' fTY OF a&N'DES ~ '� - �I 17 =' S ' wATM '+ ELE TR RA +� E 0 -# �- r I� - f . 4iH ' .. RIP W. Gl'. O wum � � LAND USE: aE WILLOW OXF LM�SE . � ,: � � � , �� w`' � S dp � - - r � I 26234M) Hui i57, Ufa MATCH y� 'y+ [��'�}� -_' } r PMPM •11L�a } k T — .• rr —_ MATCH EN JI II,+� Lf � - ~ 'y •; ' 1 �' �f17�/rW M V FRS, f� i �' RA T WMIAE + KRES S A f RM Fff— _ -_ 1 1 IM3 _ �6a.�� rt = x _ 1RF` SEA B` SJR f D+ _ r pl _ FF • ' ' E 03TING 15' IRRIATIQIR T� - - - - - _ _ r - $ TER i ; F.�, -� _ � _ _ _ •_ Y �� ' ���,, spa ` Rf� 5 441ATE1� I�EALI�r�4l�?�I'T �6`'` _ • �' ' E ICI PROPOSED 1` I RF�iA 4 REAUGHWENT PROPEf1' a - L , BcllmllwyI -- _� ++yyam� .yy I - P at� I = I • _ . I __Iw I L PAD-a7a_3jg k I 3 f L- - k k •7 - 1 �i k 4 e 1 + �' DUI , e r�rr — 41 57 HP 90 fV .Y � k ,. , r f P PAN � ' s I - � � •• ;� DOT -VANES _ kz k k P1D� 2 ,' '��D E=4 INLET .7 'IR 4E. 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CA DFET WAVE VENTURES, LL i RIO-91 -i •- "--1 -m on - Islip 11. •tom r JR i 1 � ! •� L (0 E01 SOUTH ELEVATION MOTEL Elevations LeM 2 O�1 -V 2?2w )Cr - Cr 23 r EAST E LEVATIO N T 32 W7 —1-7 W- ELEVATION EY N T E 0 Stacked Rubble Painted Stucco Qcatillo Con) pasite Wood Metal Pane[ 1. Perforated Metal Panel Fixed how-E Glazing 1� Storefront Glazing Metal Canopy Horizontal/Vertical Louvers Glass Railing (D Metal Mesh Railing (D Masonry Block SCALE: 3132 _ 1.-0 Architecture.21 Design. Relationships. 5c�1� ir 4 - - _ -� A I '+r- •ti p _ - 3 *' _ - - -- L. , Wit. r +Y �'S i� f�,`�'r+*r r r ; Y 'L - 7 f ~ram { IMF I ` YY _�: i, 4. :. ti 4 .� }.� { '1L F� "tip: �` }� S ' i ate . 4,• _� ,l�yy.� •, f L • , . I - ir •yam 1 I' 1 ' 1 i ' _ - - : ,'#s•�, 1 1 ti r , -' -,■� �r7T' ■ r'iF ' - '+*' _ _ ' a : ` y~ k ice' :i;* x 1 I # f' _ �i'. 4 w 1 -� I;F fti� ti� R; ,� * a ', - a.'... 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CA ■ DEFT WAVE VENTURFS, LL (P345 (9 e OC-10 i I I I I or ' I - ,I-- - - - --- k I I I jr ; k I � I - 7 I r I I I •• : I I •i1�, `3 T�"���=r,l mow•_ I - I I' I f H1 I II 1 _ 'T Oil- i I � I I I I I - i - - _ r T T -4 - - - 11 1 JL1 I ' ■ T — i r 1.1 I f 4- L' MOTEL r Life Safety Floor Plan Level 2f r s r r a i L E E K D =I -my TYPL V. R009NUMBER P1` R-1 �W OS OCCUPWMTLOAD FACTOR Cv--CS: 5 1 M S.F. AMS�JAFIE 500TA WCUP14MT5 PER �P+: -STAIR R1 0a5 iDo 44PANT tOO REM�R T11�CLEAR IiH RE [* RVO 49' $TAIP �fi VIDTH PROVIM -cX T DOOR O CCS: 100 C 0OWPOT LOIO REOD V STAIR AFL 01)TH PFCM [X 0.21 �1i -'r w ' ETAIR CLEA QDTH PAD TOTAL OCCUPANT LCKOD — E;0 1 PATH t Architecture. Design, 43 Relationships. Job w. 2.010=234 Cate 2021 -" fIII T-Oo Cloy) ( D-kK4 I tA) (T:-0)5 (D C or '! or I I a-nonN IL . 1 � DSRT'SURF PALM DESERT. CA DESERT WF VFNTURFS, LL I• T f, •' II F r +I r il• - i F r �1 rr r k� 11� h� 1 1 � �I :1 rr � ~ r•1 �1 -d ;:I } � 1 1 r -r 4— I 1 if• r I i y ww- i 1 I � • r - ..... Lm ' I� - -- - 0. a�Th I -y• 5 r � L4 A � � _ � f I r� � � • _ �J � I I � .. , ' •� 4 -1� �--fir•:-L titiv � 1: _ i z t�.e�.1r+-�� - � �' M1 i � � y �•� �= t �-.T tom• �'� _ _ I � � FJILL Mimi i CT a mm y:l HOTEL Life Safety Floor Plan Level 3f f ( T-6 r.o r L E E K D i=ICY TYPE ROOMNUMBER P1Y R-1 1 tSF. OOGUPW LORD FACTC R ..CS: 5 1 AID SQUARE 500TAGE - — ' OCCUPANTS PER ACE STAIR Ni cC$. 1� 44 If 01 REft 3a - — ' STAIR CL EAR QI)TH REO# V 0? j* 'G 4' $TAIP CLEAP O.Dtla PPOVM EXIT DOOR 1A10 00CA11POT LOAD REOD 2V STAIR DLEAFL01)TH PECM [x0.21 PRwO STAIR CLEAR QDTH PROVOM TOTAL OCCUPANT LCKOD --4 E;0 1 PATH a t Architecture. Design. Relationships. * ao%3 rim- 2.0 -239 Ww � 40 n - 1 r, �cm '- DSRTSURF PALM DESERT. CA DESERT WF F1TP# LL (ID CT - Cloy) - Dc� (I I 1� I 1 •'1 __II� 1 �1 on py, RII r LI ' JI 1 '71 {_ I 11 14{ !K I I kF I' • 4 �I I 7 i 1 .. 1 ,I• ! • , r 11• F ! rl .71• I� { �r , s 1 ! , I!I -:+'I !I •I ' IN - - -1 - - S- 7 - — - — T-A 1 } In:�-i3 1 - T) +-L�-' -JL *Y Y- _ — ! 4 ir 1 ! F { ! - - — r TFb ir ! vJ •i{�T •{ f! 1_ -• ry Fnl �J FFL •k! 1 ■ i M1 1 - I}; = .,T 0-c Lit— � J _ � I I (: 1' 7 '• - i. ti z F J � M I 4- �i — 4t% ilir t I �� f11 411 app,6 r-.v?k, in. — M1 r d0' /r* Lr MWLF-ELZ22JM aAMNS3010 Kiwallaaam HOTEL Life Safety Floor Plan Level 4f f r ■ L E E K D R t I200 03 F OL, UPIANT LOAD FACTOR "5 I 1 5F. ��1 SOIJJ�E F4�T+��E — - - - ' O^CUPANTS PER &bACE SFAIR 91 qcrD 3R Rv•D w $TAIP OLEAR ODTH PPCVOED txT �OOFk 10 -1EQD 21Y STAIR CLEM 01)TH PEA [x 0.21 STAIR CUAR. WID111 PROVE TOTAL =LIPANT LOM --4 5;0 1 PATH Architecture! Design. Relationships. aL big * Jab rj=1 2.-239 * C-AR,e 7021 -06 _ W. LOCKERS _ M- LOMERS r r{ S 18 1 m I S� -1. DSRTSURF PALM DESERT, CA DESERT WADE VENTURES, LLC OPHICE 100.E 2 130 S F _ r �J �T � 3 TF= -ir-r - P•I r A% (25 I FETAL _ 418 sF I Mk-- J V [ 7.••. 5 SURE C EtfnER . go �24�, UX SPAS _ €• 4n7 �{+ •730 S. €a ' _F SURF CENTER ■ Life Safety Floor Plan Level 1 f r ■ s i r ■ L E E K D *OC P*NFIY TYPE For ROWNUMEJERP1` R-1 1 f F OOGUPWU LOAD FACTC RC5: 5 1 WI &F. AID SQUARE 500TAGE — OCCUPANTS PER SPIACE -STAIR 01 OU5 1 J REM 3R -TAlik IrLEI RED#* Rwo IV $TAIP %6 AR ODTH PXAM EXIT DOOR cr-cs 100 O=PAffT LOAO RE4D 2V STAIR CLEAFL ODTH PE41D [X 0.21 PRvO W STAIR CUAR. QDTH P EW TOTAL UPA!IT LOM EX'iT PATH Er 16 SC'I F 1 Or = i 1-1' Architecture. Design. Relationships. s ■ r Jot. r1- 2.010-239 * C-AR,e 7021-I�6 F # DSRTSURF a Pall DESERT, CA # DESERTWAVE VENTURES, LL +• + mo * i � dip or r +�s WL 14 ova 1 I ALL •= t i _ • ■ ' F • } de * ON v -%10. ti wit+ }- Vf RESIDENTIAL & HOA CLUBHOUSE EDERI i t f C F — DANIELIA14s: I A T E r h i t t s P I o n n 9 r s ■ I Jim" 90 a # Architecture. Design. Relationships. a 5ca�e Job ram. �v-z3�} ft�17 t�. % '1 PIOL ' 1 JU md Y # ` TL A br _ IL t r--7 # dr DSRTSURF OVERALL SITE PLANDANIELIAN f PALM DESERT, CAiA S S 0 C I A fi DESERT W E EC TURFS, LLB t ry Architecture. Design. Relationships, r s .rca'e Job rya. z�zv-z�� BUILDING �- L TYPE A� ILDIN TYPE B LDIN f ' rr Lri J•4 � #• k ■ hL �mp t 416 IP y ■ op Ly ■ A # i IF -3i• ILd s 'r Wert B U I LD I N G �; r � 4 Z '* 41, =IL i` - -b '%� }L ■ RESIDENTIAL & HOA CLUBHOUSE t DST SURF W STACK FLATSDANIELIAN f PALM DESERT, CA ENLARGED SJTE PLAN t A S S 0 C I A T E S. ■ i ■ ■ t DESERT WAVE EC TURFS, LLC 0 r C h I+ 0 C t I , 0 1 o m n 61 4 ■ Architecture. Design ■ Relationships, r Job r-. 20-39 STACKED UNIT SUMMARY Unit Type () B R/BA Count Unit Count Area (0) per unit Sub -Total Areas (0) Outdoor Deck Area Area per unit Uhl/deck Sub -Total Area / Decks (sf) FLAT 2 2/23 11470 41410 101 1,571. 4�713 Sub -Total Df Ta t a I 6 FLAT 3A 3/2 IQ' M25 141250 62 10497 14JS70 FLAT 313 3/2 3 11398 4.o1 4 142 11540 4x6 0 FLAT 3C 3/3 10 11670 161700 62 1Y732 17,3 0 FLAT 3D 3/2 7 11637 110459 42 11{753 T H 3 3/2-5 10 1 j 70 1, 700 127 21097 20t970 Sub -Total 41 of Tota 1 0 TH 4 4/3 7 , 75 15,925 227 20502 17 514 Sub -Total 7 Y,Dof Tota I 14 o TOTAL So 86.p6 8 91,760 averag 1,701 average: 1{ �5 DSRTS F RESIDENTIAL H ACLUBHOUSE W STACK FLATS DANIELIAN f PALM DESERT, CA SUMMARY DESF TWA E VENTURFS LLC orchi+rrs Ir,rs Architecture. Design. 0 Relationships. * job W -M PA PARAPET PARAPET ,7* THIRD FLOOR SCALE: 3/32" = V-0 27�-r We � i i 1 4 1 I 1 1 r s Jj #� T INNN FLAT TH 4 ENTRY .F J. 7 5 i SECOND FLOOR SCALE: 3/ ; 1 -T FLAT u� GROUND LEVEL gr4' -r 4W-1 I" 7f -IT 1 - � -77 { _ FLAT ��� � TH 53'•1 `" DSRT SURF PALM DESERT, CA ■ ' DESER1_WAVFVFNTURFS,, LL ,I '-' 4kV 00 FLAT �4 54 'TH PARAPET PARAPET ROOF PLAN SCALE; 3/32 = 1'-D" PARAPU 3r y READ PERSPECTIVE V1 EW FRONT PERSPECTIVE VI EW FLAT fwT6A;41N1L k SLOFE FOR DR4MGE PARAPET 3 r -30 PAR PET auuti����euoo� P. ■ 1 ■ 1� ■ ��� RESIDENTIAL & HOA CLUBHOUSE 13LDG TYPE DANIELIAN - COMPOSITE PLAN! i b r C h I I A -C N s - 0 1 a n n 8 t � f i FtPET PARAP-T 9 :3 26-0' IT - TOP OF SLOPED ROOF 1 TP1 CAL ROOF SLOPE 2.5 Architecture. t 51 Design. Relationships. * Jaj rim- 2.010-2MP * L 4!11!6 i "`2'-u4_06 Db TOP OF PARAPET 4 r F.F_ zi; FJISH GRAFt;_ - VA �W Q2 1 LJr� im a J I i 1 G TOP OF FARAPE F Fr11r l {' '�Fj- Front Elevation Scale, 1 /8 - I_ 0 Tnp np PARA PP T Left Elevation Scale: I J8II _ 1 I_0,I Rig ht Elevation Scaler 1 /",-" Rear Elevation Scale; 1/ ' = � I_O11 ELEVATION KEYNOTES 1� Painted Stucco - DE -Fossil Painted Stucco - DE -Ecru Wealth Painted Stucco - ❑E Metal Fringe Painted Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige �. Woad Composite Siding/Ceiling Standing Seam Metal Roof stacked Rubble � • Vinyl Window and Doors with Low E Glazing �i Garage Door with Glaring (D Frc,meless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsible doors DSRT SURF BLDGTPE-DANIELIAN f PALM DESERT, CAELEVATIONS --ASS OC I T E S DESERT WAVE VENTURFS, LLC 0 re N i l C h s o I c n h e r Key Plan M t Architecture. i Design, 2 Relationships. * Job Na. 20-2" + Cale 7021_" PARAPET ,pPARAPET PARAPET 26-0i" -47 TOP OF SLOPED •-� AF v I v I I I I PAS . y III PARAPET FARPPU PARAPET PAfkAPETLAT ROOP w WiNkmLW _ SLAPEFUR UFMNA-GE Tr — PARAPET nn� I �Ad WEr T PARAPET I PARAPET PARAPET 26q4r ti ; 1-0 1 j I 11 7 s 7 PARAPET I I I I -� -- -.:_ TOP OF $D 2 - - I ROOF '- " TOP lJlF ;:&kAPEa 1 ROORAF F PLAN TYPICAL ROOF SLOPE 2.5 $SAL ^: /37" = 1'-0„ TWO FRONT PERSPECTIVE 1 EW R �J - r� . ,I FLAT tF FLAT - r - a F LT B_ . - {r •--- �I I'rl 1 III ----•-•-- -- [IB Ty i i S — I - - - - - a r a I _ y SECOND FLOC R'•.� SCALE: 3/3 " T � I-0" 1'-�• REAP PERSPECTIVE V1 EW _ FLAT 3C- r -- L• 11 III • i �.'.�' r FL 'u ! , ' r i 4 I i r i ■ --------- - _-aaa--ate- y 1 4 KEY PLAN — - GROUND LEVEL SCALE: 3132" = 1 '-0" RESIDENTIAL *��{f HCLUBHOUSE t DSRT'SURF k B LD TYPE - BANIELIAN Architecture, i Design. SURF PALM DESERT, CA COMPOSITE PLAN! A S S 0 C I A T E S Relationships. r (aE. DESERT WAVE VENTURES# LL I�., 0-2�6 . 0 r C h I I A h I d ri F, L. r a ELEVATION KEYNOTES Front Elevation AM ANK. Aft Affith, Aft AVA AM Aft AWL A Milk Scale. 1/8 =1,_ D" Left Elevation Seale: '11 " _ fright Elevation Scale: 1/8 _ 1 P_01P Rear Elevation Scale: 116' =1,_0M Painfed 5iucco - ❑E -Fossil Painted Stucco - DE -Ecru Wealth ma Painted Stucco - ❑E Metal Fringe Painted Stucco - DE -Play on Gray is Pr infect Stucco - ❑E Bison Beige 0Woad Composite Siding/Ceiling (jjStanding Seam Metal Roof Is Stacked Rubble � • Vinyl Window and Doors with Low E Glazing �i Garage Door with Glaring frameless Glass Railing Metal Awning 1 Trim SIT SURF E rDE ITI L H CLUBHOUSE : BLDG TYPE - 13DANIELIAN f PALM DESERT, CAELEVATIONS A S S 0 C I A T E DESERT WAE VENTURFS,LL 0[-C1hI+16-c�s , 010r Gray Metal Fascia Perforated Metal Panel Collapsible doors C Ivey Plan t t Architecture. Design. Relationships. s xalfi Job "0. 20-D9 Cale 2021-06 1, !Ph F Y AF —�'k IL IL dF ir Amq* I* d -BUILDI Gi .. tL TYPE h� ; R + r — * t 4P {'- 23 ti BUILDING r PE C4 ' BUILDI G ' TYPE Avila 1 y lk 6 � �F DST S F RESIDENTIAL H A CLUBHOUSE E STACK FLATSDANIELIAN PALM DESERT, CAENLARGED SITE PLAN t A S S 0 C I A T E D E EI f T WAV E E J T U F k L L 0 r Arch itecture. Design. Relationships. r Sca�� Job rya. -289 STACKED UNIT SUMMARY Unit Type () B R/8A Count Unit Count Area (sf) Per u Wit Sub -Total Areas (0) Outdoor Deck Area Area per unit w/deck Sub -Total Area / Decks (sf) FLAT 2 2/23 11470 41410 101 1571 4�713 Sub -Total o of Tota I 6 FLAT BA 3/2 10, 11425 141250 62 10497 14J S7 FLAT 3 B 3/ lt398 4.o1 4 142 11540 4x6 0 FLAT 3C 3/3 10 11670 161700 62 L732 17J320 FLAT 3D 3/2 7 11637 1 1P459 42 11, 75 Tip 3 /. 5 1 1 j 70 19,700 127 21097 0� 9 7 Sub -Total 40 of Tota 1 0% TH 4 4/3 7 21 2 75 151925 227. 20502 17514 Sub -Total 71 of Tota I 14 o TOTAL 50 86,638 91,760 average,11701 average: 1{ 35 RESIDENTIAL & H A CLUBHOUSE DSRTSURF E STACK FLATS f PALM DESERT, CA SUMMARY IDANIELIAN A S S 0 C I A T E S DESERT WAVE VENTURES,LLB Architecture. Design. Relationships. Job Fla zd -89 lk z Cr LF''r 9-60 THIRD FLOOR ,ALE: 3/32„ = V-0-- rr 1 44'-1• 27-r 49-11" SECOND FLOOD SCALE: 3/32" = F-O" i N-11 GROUND LEVEL r: r- h 1 C• IJ p2ryi - 1 r nip DSRTSURF PALM DESERT. CA ■ ■ DESERT WAVE VENTURFS, L L G " 4"-I 1' M r PARAPET 14 3T-0" P OF SLR A "L�A7'!r� I3 k 1"Y J, ME-T TOP OF SLOPED ROOF PLAN. SCALE: /32" _ 1'.0" REAR PERSPECTIVE VI EW FRONT PERSPECTIVE VI EW RESIDENTIAL& HOA CLUEHOUSE 13LDG TYPE - 4 DANIELIAN COMPOSITE PLAN t 0 r C h 1+ a C M s r P I d r, F, e r a f ■ 12 TYPICAL ROOF SLOPE 2.5 KEY PLAN t Architecture. Design. 7 Relationships. = * � AW 2 1312"4-Ck6 Front Elevation Aft Left Elevation r �M l 5] Right Elevation 13 C H LN l0 M iii1ii -' TrW]fW DAD ,LQCT cal e -.1 / ,P = I,-01P Scale: 1 /84 " =1, G' F:IN15H GRAVE ELEVATION KEYNOTES Painted Stucco - ❑E -Fossil Painted Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Painted Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige 0 Woad Composite Siding/Ceiling 1� Standing Seam Metal Roof stacked Rubble � • Vinyl Window and Doors with Low E Glazing �i Garage Door with Glaring Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsible doors Rear ElevationScale: 1 " =1'-91 Key Plan I SRT S F E IDENTI L H CLUBHOUSE 13 LDG TYPE -DANIELIAN Cf PALM DESERT, EI T, ELEVATIONS .A S S 0 C I A T E DESERT WAVE VENTURFS,LLB yr nit hs o I c n h e r i r t t Architecture. Design. Relationships. s scalfi Job "0. 20-239 Cale 7021 -" PARAPET TOP OF SLOPED PARAPET ROOF THIRD FLOOR .t TH F 51 3' 'nD FLOOD SCALE: 3/3 '' , It -Oil TIC GROUND LEVEL (` A I F' 3 f S'�" a 1 r_ln.. 674r 14W 1y 514 26.11' t FLA -~ - FLAT s 3Dpvy ti r� DSRT SURF PALM DESERT. CA ■ DESERT WE VENTURFS,LL PARAPET 9 24'-D" a PARAPET TQP OF SLOPED ROOF ROOF PLAN SCALE: -3/32" = V.0 =■ REAR PERSPECTIVE Vf EW 1fj0 FRONT PE RS PE TIVE VI EW RESIDENTIAL L HOB# CLUBHOUSE BLDG TYPE -D COMPOSITE PLAN TOP OF SLOPED ROOF a I In 19 TYPICAL ROOF SLOPS 2.5 �• DANIELIAN f i r I A S C I A T E ■ i 0 r C h 1+ a C t s I r, F, r f ■ KEY PLAN t Architecture. Design. Relationships. s 5ca� Job W. Front Elevation 5 31 C Left Elevation NAft Aft Aft ­T■ s � aif t TOP OF PARAPET HNISHQPAIX Scale:1 /8" =1 p-17? �]2 Right Elevation Scale: 1/8 =1�_0Iq ET � 09 i Scale: 1 /8"=1'-011 ELEVATION KEYNOTES Painted Stucco - ❑E -Fossil Painted Stucco - DE -Ecru Wealth ma Painted Stucco - DE Metal Fringe Painted Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige 0 Woad Composite Siding/Ceiling 1� Standing Seam Metal Roof stacked Rubble � • Vinyl Window and Doors with Low E Glazing �i Garage Door with Glaring Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsible doors Rear Elevation Scale: 1 4' T 1 '-0R Key Plan I SIT SURF E IDENTI L H CLUBHOUSE DANIELIAN PALM DESERT, CAELEVATIONS I A T E DESERT WAE VENTURFS,LLC I C t S t P I a n h e r ti 5 ti 4 ti 1 + 1 t Architecture. Design. 60 Relationships. Jo✓� ram. �v-�34 PARAPET a W-W ROOF PLAN SCALE: 3132" = VD" PIPET TOP OF SLOPED PST TOP OF SLOPED PAR,PE7 an ROOF ob ROOF 03 12r-C PARAPET 0 Z41-M 12 TYPICAL ROOF SLOPE 2.5 SECOND FLOOR PIP on SZ ALE: 3/32 " = ] ._O.L 12TV GROUND LEVEL SCALE. 3/32" = lr_0„ DSRT SURF PALM DESERT. CA ■ DESERT WAVE VENTURES, LL FEAR PERSPECTIVE VI EW FRONT PERSPECTIVE VI EW RESIDENTIAL L HOA CLUBHOUSE BLD-GTYPE -E i COMPOSITE PLAN i i $II DANIELIAN ASSOCI T E 0 r 2r h I + e C r s d rl r, e r � ■ . q KEY PLAN f Architecture.61 Design. Relation -ships. 4 s �SWi6 Job rya 20 -M Cate 202"4-06 ELEVATION KEYNOTES Front Flvtion r m Left F lvat i o n Ah 06 13 08 Scale. 118 it = 1 �_0 Flight Elevation AM Scale: 1 /8" i 11_011 Scale: 1 /8" i 11_011 Rear Elevation Scale; 1/81.1 ! 11_011 is Pointed Stucco - ❑E -Fossil 0 Painted Stucco - DE -Ecru Wealth Painted Stucco - ❑E Metal Fringe Painted Stucco - DE -Play on Gray Pr infect Stucco - ❑E Bison Beige 1. Woad Composite Siding/Ceiling Standing Seam Metal Roof 1; stacked Rubble 1 � Vinyl Window and Doors with Low E Glazing Garage Door with Glaring (D Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsible doors DSRT SURFRESIDENTIAL & HOA CLUBHOUSE BLDGTYPE -EDANIELIAN f PALM DESERT, CAELEVATIONS I A T E DESERT WAE VENTURFS,LLC C t S DIanhers Key Plan Architecture. Desigm 61MLL(:) Relationships. W44 jW Pb. - I I �i _s I 1 - - K I Flat 2 - Level 1 2BR/2BA 1,470 sf DSRT SURF i PALM DESERT, CA DESERT WAVE VENTURES, LL Cr I -'-4' 12 F' V C. 1, 37--r 1 2'4r DECK LIVING ��i'ij■���I�i � KIT �� [ STUDY I� I 20W Flat 2 - Level 2 DECK 9'-6' a } Tr-�r '-' '-11 32'--` Flat 3A - Level 1 3BR/2BA 1,425 sf RESIDENTIAL & HOA CLUBHOUSE IT PLANSDANIELIAN I A T E r h l# ■ a (Y-8 p 4. OL Architecture. Design. Relationships. ■ ■ 20?1 -06 DECK I, LIVII I 1 1 14'-7" 1e,-. Flat 3B - Level 1 3BR/2BA 1,395 sfi ZIP -"� BR M BA ti M BA J� W.1. r x a ti � i I rr x r 1 r ti r �y I 1 31 Y-1 M Flat 3C - Level 1 3BR/36A 1,665 sf -- -7 LIVING 1.,'41 10'-8m PATIO I E BR 1 2r-3"X 12•_� fi 1 r � � x r ti f � 5 x ti 1 t r I � + L i S I I 67-on Y KIT:", 1 {� r 1 BA 3 Nr .- N oT C1 Inc RESIDENTIAL& HOA CLUBHOUSE0 dombook.- AL L i i i i i * t a CN I' YhhY IL,� B �— ,16-1' 6 8T, a y 13,41 PATIO LIVING DINING 7 77 BR 3 12'-3ux 17-00 n !1 r� i I r r ti L by �� r ti 4ti t� f x ti 6+-0■ Flat 3C - Level 1 3BRI3.5BA 1,665 sf .DSRT S r PA L I DESERT, DESERT WJF VENTURES, LL i @T r�� ICICI --.....BA 3 � � r 1 �� +r � � 1 f 4 I � 1 7 � f 32 -2' CIA L E LID GARAGrN f5 2 O"x2-Y.0" _ I � - Y ,.1 I 1 I i S i ------------------------------ , 31' Flat 3D - Level 1 3BR/2BA 1,637 sf RESIDENTIAL IDENTIAL H A CLU BHOUSE i UNIT PLANS t r C DECK F- ILL- Ilk r� �f - T LIVING r V, 10'-W Flat 3D - Level 2 ■ DANIELIAN f I A I A T E b P C 11 1 I r -C r S I} 1 d m r e f i i i! 40 T ITT ICJ 16'-3" i f Architecture.65 Design. Relationships. lc� r�� �nzrr-a3� � k r _ ;L KIT RR. Alr I T-0m LIVI �3 2-CAR GARAGE 22'-1"x20'-9'. 24'-3 i 9'-9" TH 3 - Level 1 3BR/2.5BA 1,970 sf 5'-6' Z I� B F-91 1 2'-T DECK y .. M B wJ. r C) -- LOFT _ BR 2 BR TH 3 - Level 2 Y-W SRT SURF RESIDENTIAL H LI�BI� E UNIT PLANS DANIELIAN PALM DESERT, CA j 0. I A T E D E E TWAVE VENTURES, LLC f C h I I� e f r D I d n r, � I 0 OL Architecture. Des i m. Relationships. J..& Poo * Z'W-1 �I S 4 � lim 2T-T 12W DECK �r , I �•_� LIVING .13 11'-3hx l2'41" TH 4 - Level 1 4BR/3BA 27273 sf STLJ DYJ LOCK OFF BR 3 ;19460 '- 277 DECK41 - , ,B , 1 , E 11 L �I f I 1 I M BAI LOFT L BR 2 �I r OECD 12W & TH 4 - Level 2 Z-F SRT SURF RESIDENTIAL H CLUBHOUSE UNIT PLANS DANIELIAN ■ PALM DESERT, i 0. I A T E DE E TWAVE VENTURES,LLC r DIdMh4L"I fy ED r, L 11 OL Architecture.7 Design IP Relationships. ■ i irb i �L LL i L l Oil :� -0' #l' r qJ — IL Aw f IL # S y 11 AWL m Iry Rk ++ ~ Jill .F f' f f P. f 1 * a t }* �' - # PIP aa� � � k - f �'b r �+ • t • +Pr + Illy 41 WA # 2B.i f + ' if f � ■ IF 4. _*717 11k r r ' * + `} el Jill .11IF = r + ■ 1 i r L IL WO e • R _ # } i limf i Y F - * 4k lie jr III. 5 7 ' m t ' # 01W 1. Jill r , _'. # - _ pk f F. a R J IN L r t_ I Fj t Jill * r a I M F —' 1A kv. 'r;� fV I oil # f . `T �. 7 01 ,' ' ' k + r ' ' IF 7 ` {IP I ■ L 'o C IF N i i y 11 . +�f+■ { ' I JTIr T a ' i y .�IL k ■ I a bi r ■ ak ' ' ' ' • 4P% a • i '1 ' { Z3 Ll • lm # i F ', _ x JAI # + j a x Jill + 2 DSRTSURF PALM DESERT CA i ■ E E T WAV F E T U E x L L ■ i r *� }� - �, i w - VILLA ENLARGED SITE PLANDANIELIAN t I A T E f E Architecture. Design. Relationships, RW� _ ilim l - �S y A Or- . — D R T �_U *�• _ ¢- Amp- -' -GONER� 9 0 a % i 0. lm�j pe awl *■2�F��m I MMEMvf ':jjlj,_ Jd a iki!iL.M" 1 _.1011 E _mr Ask -Irk — - Pl lmompmw- L A RJR Aft 4 mmft� t ! IF y j Li #fill I�� �z Eiji %low 0 L FT - .L% cL -= P. � L �BR2I' h-.xi,I.,,"7,rBAM DECK SECOND FLOOR -CAR GARAGE ••ti ti FIRST -FLOOR LOCK OFF OPTION - SCALE; ---------------------- I ROOF PLAN SCALE: 3/16" = 1'-0" PARAPET 271_61 PARAPET �4- 61-6-1 .4 1. 19 ,, 6'.11 • l �A 3 W . I . 'DECK I I � I M-T SECOND FLOOR 5-0 P_ f22=1 r22`27F-7 I �L ITi . j •i �- r. lA4� BR -CAR GARAGE 21 1-01 FIRST FLOOR SCALE: 3116" = F V DSRT SURF RESIDENTIAL & HOA CLUBHOUSE DANIELIAN PALM DESERT, CA FL00R PLANS I A S S 0 C I A T E 4BED/4BATH '-0 5.41 FIRST FLOOD 1078.12 sf SECOND FLOOR 1274.48 sf TOTAL LIVING 2352. 0 sf GARAGE 446.62 sf DECK 1 128.83 sf CHECK 2 10 .00 sf ROOF DECK 698.20 sf ROOF STAIR 93.8.E sf Architecture.70 Design Relationships. I.. r I., �nzo-qlq t - Fob 21221-04-06 Right Ef vatlion Front Elevation Left Elevation OVERALL FF FGW Scale: 1 8" = 1 4-Cyp Back Elevation LID 17D I�❑Q ❑'� I P° a r, OVERALL HEIGHT ale-1 /8" _ 1 4_011 UM OVERALL HEIGHT Scale: 1/8 1P _ 1 P-011 Scale: 1/8 1P _ 11-011 OVERALL HEI fT Fmnt Elevation - Lock Off Option ELEVATION KEYNOTES TE 1� Painted Stucco - DE - Fossil (1� Painfed Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Pointed Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige �. wood Composite Siding/Ceiling Standing Seam Meta! Roof Staged Ruble Vinyl Window and doors with Law E Glazing �i Garage Door with Glazing Frameless Glass Railing Metal Awning 1 brim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior [Doors NOTE: Refer to sheet 73 for the enhon i side e levations that occur at the errd conditions. Right Elevation -Lock Off Option RESIDENTIAL & HOA CLUBHOUSE : DSRTSURF : 1 LLA 1DANIELIAN f PALM DESERT, CAE LEVATI t I A T E E E TWA E VENTURES, LLC 0 r-C h I + a c t 4 D I C n r, c r y OVERALL HEIGHT Architecture.71 Design. Relationships. Scam 0 Fight Elevation I� 6 Front ElevationScale- 1/8 " -11-cy" 12 Back Elevation OVERALL HEIGHT Scale- 1 /8" =1 "-011 T 40 r CEPAi I ueir.rr scale- 1/ iF = 111-011 Loft Elevation Scale: 118111=11-011 Front Elevation - Lock Off Option FRAI 1 141: F,, ff 972 ELEVATION KEYNOTES TE 1� Painted Stucco - DE - Fossil Painfed Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Pointed Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige G wood Composite Siding/Ceiling Standing Seam Meta! Roof Stacked Ruble Vinyl Window and doors with Law E Glazing (P Garage Door with Glazing (D Frameless Glass Railing Metal Awning 1 brim Gray Metal Fascia Perforated Metal Pane! Collapsable Exterior Doors N TP: Refer to sheet 73 for the enhanced side elevations that occur at the errs! conditions. Right Elevation - Lock Off Option DSRTS F RESIDENTIAL HCLUBHOUSE 1 LLA IDANIELIAN f PALM DESERT, CA ELEVATI ON A t -A S S 0 C I A T E DESERTWA EVENTURES,LLB � FEE � ���n�t��� OVERALL L' "T Architecture.72 Design. Relationships. a W Na. -2" IL 1.- Right Elevation f r f 13 707 r Front Elevation Scale: 1/8 11 _ 1F_01' Left Elevation ❑0❑❑i 0 D4 13 I 0 Back Elevation OVERALL HE 1W OVERALL IEIr 1:100 zo 1C, Ar_ ale-1 /8" i 1 1_011 Scale: 1 /81' = 1'-0'' Scale: 1 /8,r _ 1. k_011 DSRTSURF RESIDENTIAL & HOA CLUBHOUSE VILLA I f PALDESERT, : DANIELIAN ELE1 1 t t �.A S S 0 C I A T E DESERT WAVE VENTURES,LLB C.ICnr,cr ELEVATION KEYNOTES TE 1� Painted Stucco - DE - Fossil Painfed Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Pointed Stucco - DE -Play on Gray Painted Stucco - ❑E Bison Beige �. wood Composite Siding/Ceiling Standing Seam Meta! Roof Staged Ruble Vinyl Window and doors with Law E Glazing �1 Garage Door with Glazing (D Frpmefess Glass Railing Metal Awning 1 brim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior [Doors NOTE: Refer to sheet 73 for the enhon side e Iat'lons that occur at the errd conditions. Architecture.7 Design. Relationships. ELEVATION KEYNOTES TE Right Elevation i Front Elevation `a7] 0 1 +ERALL HE GM. FF 'FF 9 o F ■ Scale; 1/ " = 1 ` " 1 Back Elevation 0 II1 E Jr --FA — 49 "IN ale-1 /8" =1 I_01f OVERALL HFICb- scale: 1/�'=1,-011 Left Elevation Scale: 1/8 0 = I `-0I' SRT SURF RESIDENTIAL HCLUBHOUSE ILL I DANIELIAN f PALM DESERT, CA F-LEVATION B I t —A S S 0 C I A T E E EFTW E E 1TU E fLLB �I1� F B I ��{n�+��rs �I�r�n�r� 1� Painted Stucco - DE - Fossil (� Painted Stucco - DE -Ecru Wealth Pointed Stucco - DE Metal Fringe Painied Stucco - DE - Play an Gray PpinteCf Stucco - ❑E Bison Beige �. Wood Composite Siding/Ceiling Standing Seam Metal Roof 1; Stacked Rubbfe Vinyl Window and Doors with Law E Glazing �1 Garage Door with Glazing (D Frameless Glass nailing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior Doors NOTE, Refer to s heel 73 for the enhan side e levat'lo ■s that occur at the end conditions. Architecture.74 Design. Relationships. $calf. jW w-. ZO-28.0 I� BR K I I n _ Ll. f I.'x 1 2.-I3, t � I B 2—CAR I GARAGE I ti I I I I I 5 , I I I � - I I FIRST FLOOR LOCK OFF OPTION - SCALE, 3/16" = I'-0" PARAPET 26-1 G% PARAPET 5'-6 . PARAPET R 24 -=6 - —— — — — — — — — — — — — — — — — — — --, JF OPTIONAL EXTERIOR ROOF OECD ACCESS I --——————————————————————————— ----_-----------------—--—-----'--� DEC BELOW EVA Of I ROOF DEC I a RO0� DECK 1 ACCESS ROOF i DECK BELOW --------------- ROQF PLAN_ SCALE: 3116" = 1'-0" PARAPET @ 5'-6" GUARDRAIL ON PARAPET PARAPET ;APE T @ 6'-6II DECK AMESS - - - - - - - - - - - , L �d—�-—-----------—--=H DECK M ra< L I! 11 LIIF I ' I OPTIONAL ROQF DECK. ACCESS -I I I Lill B _ I �. DECK I I . I —__ -.7.M=_ L�— ——---—---— —-� SECOND FLOOR_ SCALE: 3/16" = 1'•0" � I 2v-e W.k.0 -CAR GARAGE I � I , I I I I I I I FIRST FLOOR SC LE: 3 116" ` 1 I,011 i SRT SURF E IDE TIAL H A L B1—i E .0 VILLADANIELIAN ■ PALM DESERT, CA FL00R PLANS A S S 0 C I A T E dO [ E E T WAVEVENTURES, LL 4 B EDB�,T� � C.h I + -aC t I di I � � rl �. FIRST FLOOR I'll 22,17 sf EO D FLOOR 1340.62 sf TOTAL 246239 �f GARAGE 4.0 sf DECK 1 205.60 sf DECK 67. 7 sf ROOF DECK 518. 6 st ROOF STAIRS 167.96 sf Architecture.7 Design Relationships. t ■ r09 0 ❑■ OVERALL HEIGHT El Left Elevation Front Elevation Scale, 1/'" _ j r_0ii Back Elevation Scale: 1/8 ! 1 _0 Scale. 1/8 Right [levation Scale: 11811 - 1'O -" : DSRTSURFRESIDENTIAL H LUSH E : I L L1DANIELIAN f PALM DESERT CA ELEVAT[ON At I t 0 I T E DESERT WAVE VENTURES, LLC 0 r C h i I �. � h s D I C n M 4§ r t ELEVATION KEYN TE Painted Stucco - DE -Fossil Painfed Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Painted Stucco - DE - Play an Gray Painted Stucco - ❑E Bison Beige Wood Composite SidinglCeilirig Standing Seam Metal Roof � • Stacked Rubble Vinyl Window and doors wit}) Law E Glazing �1 Garage Door with Glazing (D Frameless Glass Railing 6 Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior Doors NOTE: Refer io sheet 73 for the enhon # side e levations that occur at the end conditions. Architecture.7 Design. Relationships, Job Na. 7D-�34 ELEVATION KEYNOTES 0 Left Lle atio n Front Elevation Scale:1/8 1'- "I 0 ERARL HEIGHT a3 Scale; 1/8 qP :14-0I, riiOr-a-kI I LJCIr-%Lff Back Elevation Scale: 1/9 _ I q _0M El OVERALL HEIGHT W ir W J Fight Elevation Scale: 1/8 '" = +1 i_0 RESIDENTIAL & H A CLUBHOUSE DSRTSURF VILLADANIELIAN 2f PALM DESERT, CA ELEVATIONt t IA S S 0 C I A T E DEETW EETUE,LL WROOF DECK 0CCill+�Cti 0 1 Cnn�F4 ■ ■ f ■ 1� Painted Stucco - DE - Fossil Painfed Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe Pointed Stucco - DE - Play an Gray Painted Stucco - ❑E Bison Beige Waoc! Composite Siding/Ceiling (a Standing Seam Metal Roof is Stacked Rubble � • Vinyl Window and doors with Law E Glazing �1 Garage Door with Glazing (D Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior [Doors NOTE, Refer to s heel 73 for the enhon l side e levations that occur at the errs! conditions. Architecture.77 Design. Relationships. scab Left EI vatic n le : 1 /8 _ ,_ " Front Elevation Scale. 1 / '" _ `_ 11 Right Elevation Back Elevation Scale; 1/if _ I,O `R UVERAEL HEIGHT Scale: 118" _ 1'-011 h : DSRTSURFRESIDENTIAL IDENTIAL HCLUBHOUSE :VILLA 2DANIELIAN f PALM DESERT, CAELEVATIONt I T E DESERT WAVE VENTURES, LLC 0 r C h i t e C r s o I c n n 4§ r ELEVATION KEYNOTES TE 1� Painted Stucco - DE -Fossil Painted Stucco - DE -Ecru Wealih Painted Stucco - DE Metal Fringe i Painied Stucco - DE - Play an Gray Painted Stucco - ❑E Bison Beige �. Wood Composite Siding/Ceiling Standing Seam Metal Roof � • stacked Rubble � • Vinyl Window and doors with Law E Glazing �i Garage Door with Glazing (D Frameless Glass Railing (P Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsable Exterior [Doors NOTE, Refer to s heel 73 for the enhon l side e levat'lons that occur at the errd conditions. Architecture.7 Design. Relationships. ELEVATION KEYNOTES TE Q 11 0 D eft F'eva ion Front Elevation Scale. 1 /I, _ i F_0,F Right Elevation OVERALL HEIGHT ra- Scale: 118 _ ._-*7 _ -a Back Elevation Scale, 1 /IF _ .�,_FI 11M f' AA:t15 h I LJMr'_�LJT I I DSRTS F E IL ENTI L H E: LU13H U LLDANIELIAN f PALM DESERT, CAELEVATIONt I T E DESERT WAVE VENTURES,LLC 0rChiteCrs oIcnn4§r 1� Painted Stucco - DE -Fossil Painted Stucco - DE -Ecru Wealih Painted Stucco - DE Metal Fringe i Pointed Stucco - DE - Play an Gray Painted Stucco - ❑E Bison Beige �. Waoc! Composite Siding/Ceiling Standing Seam Metal Roof 1. Stacked Rubble Vinyl Window and doors with Law E Glazing Garage Door with Glazing (D Frameless Glass Railing (P Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsable exterior [Doors NOTE, Refer to s heel 73 for the enhon c ed side elevations that occur at the errs! conditions. Architecture.7 Design. Relationships. scal� Job N .. 2020-239 f I" 1 r-r` V Q r-I IA! it ,—__---._-- -------l—_:__b ROOF DECK OPTION L-__, a —_,,,—__---== --_ —— -j ROOF PLAN SCALE: 311641 a 1I-010 =■1i— J 71 '-6 DECKI I { W.I.0 Il AD I /L BR 3 BA 3 [r T ' . DECK M 221,4# SECOND FLOOR 1.1 1 41 F _ — — s CD G 1 6-3" 1.6-4]41,_e Ilp F 2 1'-' FIRST FLOOR SCALE: 3/ 16" = r'-0" SRT S F RESIDENTIAL H CLUBHOUSE .0 VILLASDANIELIAN PALM DESERT, CA FL00R PLANS MA S I A T E r " D ESERT W F ENTU F F LL 4 B E B T * 0 r e #i l Iff e f r p I a n r e, r r ' r 3 h T U W GARAGE DECK I DECK MAO 445.1 1 sf 04.00 sf 91.65 sf Architecture. Design. Relationships. F t �A No �13;tLFn2)9 CAW 2021-04-06 � Left Elevation Scale: 1 / '_ P ,� Front Elevation Scale. 1/8 " - 1'-O" Right Elevation for. -M r�. Back Elevation 11 1 WE RALL HEIGHT Scale. 1/ " - �'-�" Scale: 1/ ,I-11-0II W DSRT SURF R E 1L ENTI L & HOA LUSH E t I LLADANIELIAN 3f PALM DESERT, CA ELETI I A T E S. a t DESERT WA E VENTURES,L' rh hhs IrlSr ELEVATION KEYNOTES Painted Stucco - DE -Fossil Painted Stucco - DE -Ecru Wealth Pointed Stucco - ❑E Metal Fringe Pointec! Stucco - DE - Play are Gray Painted Stucco - ❑E Bison Beige �. wood Composite Siding/Ceiling Standing Seam Metal Roof Stacked Ruble Vinyl Window and Doors with Law E Glazing �1 Garage Door with Glazing Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal panel Collapsible Exterior Doors NOTE, R efer -10 s heel 73 for th e enhan c ed side e I ev ations that occur at the end ondlifior� . Architecture. t Design. Relationships. 'cal; * Job Na. 20-239 Calo 2021-0-6 4 ICI n M1 OVERALL HEIGHT r, Left EI v tion OVERALL HEIGHT W� nVP RAI I HF If;HT — Front Elevation scalle: 1/8 "' - J'-0" Back Elevation rPAII kFf-CFII cal e: 1 / +F _ 1 1�11 Scale: 1/8 " _ I'-g" Right Elevation Scale: 1 /8" =1' " ELEVATION KEYNOTES Painted Stucco - DE -Fossil (� Painfed Stucco - DE -Ecru Wealth Painted Stucco - ❑E Metal Fringe 110 Painted Stucco - DE - Play are Gray Painted Stucco - ❑E Bison Beige Wood Composite Siding/Ceiling Standing Seam Metal Roof 1; Stacked Ruble Vinyl Window and Doors with Law E Glazing �1 Garage Door with Glazing Frameless Glass Railing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Collapsible Exterior Doors NOTE: f r t o s heel 73 for the enho nced side e I ear citi ores that occur at the errs! conditions. 4 t F k jtA- LT r DSRT SURF RESIDENTIAL & HOA CLUBHOUSE VILDANIELIAN LA f PALM DESERT, CA ELEVATION At t A S S 0 C I A T E S a t DESERTWAVEVENTURES,LLB � ROOF DECK ���� � ���t Architecture.2 Design. Relationships, s 5c�i� Job Na. 20-M ELEVATION KEYNOTES TE Left Elevation Front Elevation Bade: 1 /8 41 =1 P {1, a C Back Elevation 0� 0 11I`GIt, OVERALL HEISHT Scale: 1 OF i 1 P-00 Scale: 1 /8"' = 1'_go Right Elevation Scale- 1 /8" _ 1 I -ON i SRT S F RESIDENTIAL H LU 13H E 1 LLDANIELIAN A 3f PALM DESERT, CA ELEVATION B f t I A T E DESERT W E VENTURESfLLC 0rChI+I&CrS 01C►,n4§rt 1� Painted Stucco - DE - Fossil (� Painted Stucco - DE -Ecru Wealth Pointed Stucco - DE Metal Fringe i Painied Stucco - DE - Play an Gray PginteCf Stucco - ❑E Bison Beige G Wood Composite Siding/Ceiling Standing Seam Metal Roof 1. Stacked Rubble Vinyl Window and Doors with Law E Glazing �1 Garage Door with Glazing Frameless Glass nailing Metal Awning 1 Trim Gray Metal Fascia Perforated Metal Panel Callapsbfe Exterior Doors NOTE, Refer to s heel 73 for th e enhani side e lev atior)s that occur at the end conditions. Architecture. Design. Relationships. ELEVATION KEYNOTES TE it Left Elevation Front Elevation Scale: 1 /" - 1'-0" C PC Fowl s0 W.W d t-11 Back Elevation OVERALL HEIGHT nVr-PA 11 wru"Z T Scale: 1 / " =14-0" Right Elevation Scale: r1/ 41 _ 1,_OA : DSRTSURFRESIDENTIAL H LU13H E :VILLA3DANIELIAN f PALM DESERT, CAF-LEVATION 5 t I A T E E E TWA E E TU E ,LL WI F�� 0 r{ n It C r S P 1 0 n h 4 F 1� Painted Stucco - DE -Fossil Painted Stucco - DE -Ecru Wealth Painted Stucco - DE Metal Fringe i Pointed Stucco - DE - Play an Gray Painted Stucco - ❑E Bison Beige 0Waoc! Composite Siding/Ceiling Standing Seam Metal Roof 1; Stacked Ruble Vinyl Window and Doors with Law E Glazing �i Garage Door with Glazing (D Frameless Glass failing QD Metal Awning 1 Trim Gray Meta! Fascia Perforated Metal Panel Collapsible Exterior Doors NOTE, Refer -to sleet 73 for the enhon c ed side e levatio s that occur at the errs! conditions. W Architecture. Design. Relationships. Job N� zvzv-z�� Left Elevation Scale, 1/ 1= 1 "-O" Left Elevation Villa Plan 1 A with Pouf Deck Villa Plan Sc ale.1/8 _ 1,_ � Left Elevation A Left Elevation Villa Plan is Villa Plan EO9 PO7 Scale: 10 = V-0" IP 1 I —On Scale: 1/8 SRTSURF RE IDEN TI L H CLUBHOUSE VILLAS ENHANCED ELEVATIONS�DANIELIAN f PALM DESERT, CA t -ASS OC I T E DESERT WAVE VENTURFS LLC 0 r C h i I c r s p l a n n e r& ELEVATION KEYNOTES 0) Painted Stucco - DE - Fossil 19 Painted Stucco - DE -Ecru Wealth Painted Stucco - DE Meial Fringe 1 Painted Stucco - ❑E - Play on Grey Fainted Stucco - DE Bison Beige (� Wood Composite Sidir)g/Ceiling Standing Seam Metal Roof G Stacked Rubble �• Vinyl Window and boors with Low E Glazing �1 Garage Door with Glazing (D Frameless Glass Railing 0 Metal Awning / Trim Gray Metal Fascia Perforated Metal Pane! Accordion Overhead Doors t Architecture. i Design. 85 Relationships. s Sc�l� ' )off No. -239 PARAPET 1 2.—Om TOP OF SLOPED ROOF 0 W- 311 ROOF a I S'-0" ROOF PLAN V 1 3`-T KIT. r- `I I I I I E I I I f I I I I I I II I Frr—----------------J 1 F-0" 78'-■ I� II II II I� M �I II M ' I II IG II E� M I 11 II I I f --T rJ Li GT. I I ` I' r------------------------- 7 1 II NM II 11 a � M II 11 I� IM �� 11 II IE �I 11 II GM !j MI II If �i II II EI 22A" FLOOR PLAN_ SCALE; 311 b" = 1'-0" 21T7r 764 5-01, I +� I q4 L—_ _J DSRT SURFRESIDENTIAL & HOA CLUBHOUSE HOA CLUBHC)USEDANIELIAN PALM DESERT, CA FL00P PLAN f I A T E S. DESERT WAVE VENTURES,LL 0fCh1+eC+t 0Imnr*I { 7-4- SQFT 2000 SQFT Architecture. Design. Relation -ships. 5ca'K Jot. r4- ��F3 * rAtm Front Elevation ------------------------- Left Elevation Scale: 1 6,=1'_011 Rear Elevation Scale. 1 /8 _ I _U Right Elevation Scale-. 1 �841 _ 1 1 - 0it 'Scale: 1/8" : I'_Ot' {------------------------- ELEVATION KEYNOTES TE 1� Painted Stucco - DE - Fossil Painted Stucco - DE -Ecru Wealth Pointed Stucco - DE Metal Fringe i Painied Stucco - DE - Play an Gray PginteCf Stucco - ❑E Bison Beige �. Wood Composite Siding/Ceiling Standing Seam Metal Roof Stacked Rubble Vinyl Window and Doors with Law E Glazing �1 Garage Door with Glazing Frameless Glass nailing Metal Awning 1 Trim # F i T� T J _ _ • —' •T DSRT SURF RESIDENTIAL& HOA CLUBHOUSE HOA CLUBHOUSE DANIELIAN PALM DESERT, F-LEVATIONSI T E t DESERT W E VENTURESfLLC 0rChIr-ecrs 01Cnn4rt Gray Metal Fascia Perforated Metal Panel Accordion Overhead ❑oars Basement for Pool Equipment Architecture. Design. Relationships. 87 :�ca•e Job Na. 20ZO-28-0 * ctio 2021-U-06 Front Elevation Sca1 e.1A" = 1'-0' OVERALL HEICI-7 Right ht Elevation Scale: 1141'_��„ Back Elevation UVEKfSLL HhIU -I I Scales 1/4 1P i I,:cy„ ap'Jf1ff -r:1FE1.9d i--n- 9 LE,:ft c,5�-r 'ion S I I - - CASITA { Front Elevation Scale. �1 /4 _ 14-0H CqERALL HEIGHT Right Elevation Scale- 1 W _ 1 1_011 c '1% '6 Bak Elevation Left Elevation CABANA ELEVATION KEYNOTES TE 1� Painted Stucco - DE - Fossil Painted Stucco - DE -Ecru Wealth Painted Stucco - DE Meta! Fringe � . Painted Stucco - DE -Flay an Gray Painted Stucco - DE Bison Beige 1. Wood Composite Siding/Ceiling IS Standing Searr7 Metal Roof EFLL HEIGHT Scale; 1/4 = 1,-0 .0 FA,. L. - I H l Scale: 1/4 * = 1 1-0H Stacked Rubble Vinyl Window low ,nd Doors with Lour E C7kjzinq Garage Door with Glazing 4D Ffarneless Glass Railing Metal Awning 1 Trim Gray Meta! Fascia Perfarafed Metal Panel Collapsible Exterior Door Note: Coior and material may Crary per associated elevation style DSRT SURF RESIDENTIAL HOA CLU SHOUSE CABANA + ITDANIELIAN f PALM I DESERT, T, ELE TI 1 D IEW t i DESERT WE VENTURES, LLC 0rChir17.-Chs 010MM0rt t Architecture. i Design, Relationships. Scale ' Job Na. 20-2" * Daletl doe - #ir T ' � tit, ' {' jb Jf .Ilk If P;Pi _ L\0 0 led 1 � k_ * `y J ! ' I r Vol do a Oki - - I- L STACKED RUBBLE OCOTI LLO COMPOSITE WOOD SIDING COMPOSITE WOOD S1 DI I EILIN 1.4 t j 4 M1 7 .. �. I �• -'ram` 'lowt ow . k ' - j 4ad1b, _ imi,�'r,r b1i me I i■� I "'■■■IITiii `■�a :21�li'_ ■I�R�#+ � -p •i�.lir'I�I�����i, l A= •'a _ �If � ��■ FP�i�■AR* �',iw� 11 +I�y!� �!?�'■'F`�::: �� � Iil �� r #1•;' 1. � . .! ��F ilk yy�I:i■#�■■ ��F +' `■ •■IrIiI�1 �I�■ ■I�Ii�i�lli� I� ylw■1� VIrrwy ::.3: r.�t•+, �•: !•:• •• - � k•,, ``a 1_ E _ '"�.�'■ . :, . . y I■JI■1 R71i_ RO ■+ .\i I�Iw 1` 4■I� ■ ■ iil■I��I TI�I■'■��!t �� 1 1 Y �.m: ,'�.f:. r __ .r'r: r a _• _ - - i 1 W 1 iOL Orr 4 f wF r. + I 4 1 was HORIZONTAL LOUVERS FIXED LOW-E GLAZING STOREFRONT GLAZING METAL CANOPY DSRTSURF Architecture. DSRTMaterial Pala F tt� F Relationships. ips. 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ALL LAN DYCAP E SHALL BE MAINTAINED FHLE OF E NCROACH M E N T I N TO ALL PU ELIC RIOH7 OF WA1 UTILITIM POWER LINES AND IEASE=MENTS. 3. ALL REQUIPED LANDSCAPE AREAS �INOLUIDINC PUBILIC IRIGHT-OE- WAY; SHALL BE MAINTAINED BY OWN EIS T HE LANDSCAPE AREAS S HALL BE MA INTAI N E D PE R CITY OF PALM DE5FRT REQUIREMEN T5 4. ALL LAN DSOAPE SHALL BE I NSTALLE D PIER TH E APPROVE D SOILS R EPOPT REGOM NMENDATMONS FORSOIL COMPOSITION AND AMENDMENT 5 T HIt LANDSCAPF SIHAL L COMP LY WITH ALL SE PARATI O N AN D OLFAR 2ON E S R E LATIVE TO EXI STI NO SI T E U TI LI T IES, LANDSCAPE AND PROPOSED UTILITI ES EP— LANDSCAPE LIGHTING DESIGN MOTES t-AN ()$CAPE LIGF I N 5 WILL I NA%V DIE TREE AND �H RVI� Q P 41 •fix , PATH LIGHT$, AN D �TE P LIOHY ALL LIGHT'IN(� WILL BE LOW VOLTAGE AND HAVE1 LOW MAINTiENANCE LED FIXTU P r.S THE SELECTIVE USE OF U P LIGHTS WI LL LIM IT TH EI R N UMBERS TO ON LY MI GH PROFILE 5P ECIMIE N TR EE 5 AND 5 HRU EIS. Tim E LIGHTS WI I„ L BE AN-GLED TO REDV C E GLAPE AND HOT $EPOT'S. THE GOAL IS TO SH OWCA'S � TH E LIO HT ELEME NT A ND NOT TH E LIGHT 50UAC'E i Architecture. Design. Relationships. a kale Job Pb. J47 i 17 r4 t �v A �{ b A d.a k NIL ILA I # ■ 4A qP dft a * y 4. ` } — # 4 4L 3 d TE L PARKING GARAGE ..t pp Y r - . 416 NL j or 910 iI or A r I ,� DSRT SURF PALM DESERT. CA d 4 40 im IP IP }+ qbe * . ■ WA do jp� ii i pomp f T HLINE ■ DESERT WAVE VENTURFS., LL KEYNOTE M 9N D PROPERTY LI N E EXISTING LANDSCAPING TO R EM Al N PROPOSED PRI MARY ENTRY DRIVE PI POSED SECONDARY ENTRY DRIVE PF POSED LANDSCAPING-17YR RIEFERTO TREE AND SHRUB PLAIN'S FOR ADDITIONAL INFORMATION :AST-ICJ-PL ACF I NTF.{. RAIL CG LOPED NCRI'T F WAL KWAV ENTRY $ION PROPGSFD CU FHB RAMP RE R CI V IL ENGIN EF R 20 HIGH BF PM F. 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ALL REQUIRED LANDSCAPE AREAS �INCILUDING PUBLIC RIGHT -OF --NAY; SHALL BE MAINTAINED BY OWN EIS T HE LANDSCAPE AREAS S HALL SE MA INTAI N ED PE R CITY OF PALM DESERT REQUIREMIEN T5 4. ALL LAN DSCAIIE SHALL BE I NSTALLE D PER TH E APPROVE D SOILS R EPORT RECOM NMENDATIONS FOR SOIL COMPOSITION AND AMENDMENT 5 TIHIE LANDSCAPE SHALL OOMPLYWITIH ALL SEPARATIGNAND CLEAR ZONES R�LAIIVE 10 EXISTINC SITE U TI LITIE% LANDSCAPE AND PROPOSED UTILITI ES. LANDSCAPE LIGHTING DESIGN N TE LAN p$CAPC L10HTI NO WILL I N-C V DE TREE AND $H RI)a V P 1,I01-11`$, PATH I_I HTS, AN p M P LIGHTS. ALI, LIGHTING DILL BE LOW VOLTAGE AND HAVE LOW MIAINTENANCE LED FIXTUREES THE SELECTIVE USE ClF U P LIGHTS WI LL LIMI IT TH EI R N UMBERS TO ON LY MI GH PROFILE 5P ECIMIE N TR EE S AND 5 HRU 85. TI'i E LIGHTS WIa BEAN-OLED TO KCA)CE GLAPE AND HOT SPOTS. THE GOAL IS TO SHOWCA'SETHE LIB FIT ELXMENT A ND NOT TH E LIGHT'SOURCE M t Architecture. Design. Relationships, s xal& ' Jo✓� r 2920-28;� i v ,01%".6 I DSRT SURF i PALM DESERT, CA ■ a ■ DESERT WAVE E1 TUE , LL O!Cneq� -p r 'IV a I AL f �1 r.� 8CAL I= V a 20' j Q KEYNOTE TE LEGEt4b PROPEL LI N E EXIT INC+ LAN DSCAPINQ TO R E MAI N PROPQSED ENTRY DRIVE PRQPQSED LANQ$CAPINIG TY P RIE FER TO THE Is AND $W RU B PLANS FOR AD DITIONAC, INFOR MATION VALETAREA PRQPQ$ED CII RD RAM P1 PE R CIVI L 15 NQIN EIErR CA$T-I N-PLACE I NTEG RAL COLORED QQN YRETE WALKWAY CAST -I N-PLAC E I NTEQ RAL QQUi) ED CONCRETE $TE P$ WITH DECORATIVE HANIDRAIILS !�A5T-I NHPLAC E I NTEG RAL C01,0RE D CON YRETE ADA RAM P Wrr I DECQRAT'IVE HANIDRAI I,S F M QDVLAR CONCRETE PAVERS AT MOTOR COURT 10 L:PANQLI ETTE 5 EATI NC 6' H IG H VEEORATIVE POOL FENCE AND QAT E A7 $U RF CENT ER SAND WI TH I NTECPRATFD AC(; I; $$I6k E Sly RFALCFS 5' H IGH STONE VENEE R RE TAI NING WALL 49 3TON E V ENEE R WALL WIT H DECORATIVE GUARD RAI L AT OUTDOOR BAR 18T HIGH STONE VENEER WALL WITH 5' NIGH GLASS PERIMETER FENCEEATVILLAS .8"WIDE BOARDWALK LAGOON LAGOON SHORE MLJLTI•PURPOSE LAWN AND TRAI NING AREA LAWN A4�IEA 3.5' DEEP POOL 3.5' bE EP SPA STANDARD CABANA SHa4DI SAIL'S CHAISE LOUNGF SHADE 5TR UCTU ICE AT TRAIN I NG LAWN NATU P�AL GAS GIFU LAIC P IRE PI T ' COMI MUNAL TA8L E ADI RON DACIK CHAI FPS WIT H SI ICE TABLES LOU Ni:] E FU RNITU ICE gh I#S b00P OUT1)0Ok R OUTDOOR BAR SEATING LANDSCAPE ROULDE RS � I�ANb �TAI1�5 ART SCULPTURE ON PEE) ESTAL aGAPG RACK MODULAR CO"C.IIE'IE PAVERS AT POOL DECK -COO L' C) CK,ATTPAININGARCA LAN D SCAR E ■ Site Plan f f f i t GENERAL DESIGN NOTES 1 714E LAN DSCA PE PLAN W ILL COM PLY WOT+ I ;� 1. L C ITY LJtND$CAP E STAN DARDS AN D L ESIGN CU I DEUNE$ 2. ALL LAN DSCAP E SHALL BE MAINTAINED FRLE OF E NCROACH M E N T I N TO ALL PU SLIC RIGHT OF WAY, UTILITIES POWER LINEE3 AND IEASEMENTS. 3. ALL REQUIRED LANDSCAPE AREAS �INCILUD1NG PUBLIC RIGHT-OF-WAY; SHALL BE MAINTAINED BY OWN EIS T HE LANDSCAPE AREAS S HALL BE MAlINTAI N ED ESE R CITY OF PALM DESERT REQUIREME N 75 4. ALL LAN DSCAIIE SHALL BE I NSTALLE D PER TH I- APPROVE D SOILS R EPORT RECOM NMENDATIONS FOR SOIL COMPOSITION AND AMENDMENT S. THE LANDSCAPE SfIAL L OOMP LY WITH ALL SE PARATI O N AN D CLEAR ZON ES R E LATIVE 70 EXI STI NC SI T E U TI LITIES� LANDSCAPE AND PROPOSED UTILITI ES. MW LANDSCAPE LIGHTING pESiGN NOTES: LAN ()SHAPE L15HTI N WILL I N(�LLJ L)E TR EE AND $H RI)a U P LIGHT$, PATI-IGHT$, AN b STE P uQH75_ AI_L LIGHTING DILL BE LOW VOLTAGE AND HAVE LOW MAINTENANCE LED 1IX I JRI.S THE SELECTIVE USE OP U P LIGHTS WI LL LIMI IT TH EI R N UMBERS TO ON LY MI GH PROFILE: 5P ECIMIE N TR EE S AND 5 HRU BS. Tim E LIGHTS VVIl_I., BEAN-OLIO4TO RIEMCE GLAPE AND HOT$POTS. THC 130AL IS TO WOW ASCTNE LIOFIT EI_ mr� NT A ND NOT TH E LI GHT SOURCE M t Architecture. Design. 94 Relationships. ■ Job Na. 20-2" * Dale 20211_06 .p— *me rt � sm ME J rS-!TACKEDF LTS ri VJ Lq I STACKED FLAT tC:HLIJE' ■ DSRTSURF PALM DESERT, CA DESERT WAVE VFNTURFS,, LL e • r r A 7. owl I . I 4 ig I I f � � ffr 4" VILLAS %. do SCALE V -r, N' LANDSCAPE SIte Plan t KEYNOTE LEGEND - PI I'LHTY LINE L XISTING LANDS kPING TO R EMAI N PROPOSED ENTRY DRIVE PROPOSED LANDSCAPI N G REFE P TO TIFF E AND SHRU E PLANS FOR Abbe rI O NI L INFORMATION. CAST- IN-PLAC E I NTEC FOAL CO LORED CONCRETE WALKWAY SAND WITH INTEGRATED ACCESSIBLE SURFACES S' WI DE BOARDWALK LAGOON LAGOON SHORE a' H IGH PERI M ETER MODU LAP BLOCK WALL AT STACKED F LATS I E' HI GH STON E VENEE R WALL Wil T H 5' MI GH OLASS PERI ME TER F E NCE ATV I LL,4s CHAISE LOU NOE DAY SED COM M UNAL TABLE BOARDRACK 5' HIGH FE14C E AND CATE WITH CLASS AT V1 EWI NG AREA 2.5' :DEE P SPA A 1 IF I.:I AI TLIPF PANT L SAT PARKING GENERAL DE iGN NOTES rHE LAN DSCA PE PLAN VY ILL COM PLY YI+MTJ i h I. L C ITY LAND$CAP E STAN DARDS AN D (>E�I1�N OBI I DED ALL LAN DSCAP E SHALL BE MAINTAINED FHLE OF E NCROACH M E N T I N TO ALL PU SLI C FIGHT OF WAY 'ILITIM POWER LINES AND 1EASEMENTS. %LLREQUIRED LANDSCAPE AREAS �INOLUIDINC PUBLIC IRIGHT-OF=NAY; SHALL BE MAINTAINED BY VN ER T HE LANDSCAPE AREAS S HALL BE MA INTAI N E D PE R CITY OF PALM DESERT REQUIREMEN TS NLL LAN DSCAPE SHALL BE I NSTALLE D PIER TH E APPROVE D SOILS R EPORT RECOM NMENDATIONS FOR SOIL. )M POSITION AND AMENDMENT f H7t LANDSCAPE SHAL L CdOMP LY WITH ALL SE PARATI O N AN D CLEAN 2ON E S R E LATIVE TO EXI STI NO SI T E 'I LITIE!� LANDSCAPE AND PROPOSED LJTILITI ES. JL;�NDSCAPE LIGHTING DESIGN NOTE LAIN D$(�APC L10HTI NO WILL I N-C LV DE TREE .AND $H RVI� U P 1r1 114rs, PATH LIGHT$, AN U STE P ALL LIGHTING WILL BE LOWVOLTAGE AND HAVE1 LOW MAINTENANCE LED FIXTURES THE SELECTIVE USE OF U P LIGHT'S WI LL LIM IT TH EI R N UMBERS TO ON LY MI GH PROFILE SP ECIMIE N TR EE 5 AND S HRU BS_ Tim E LIGHT VVI L1L BE AN-OLE D TO RIECV C E DUPE AND HOT SPOTS. THE GOAL IS TO SH OWCAS E TH E LIO HT ELEME NT A ND NOT TH E LIGHT SOUAC'E Arch itecture.95 Design. Relationships. ■ �.�Ir� 2 021-9"6 ■ r Iti I AT HLINE r - r # WL 5 �ti r IPA 14 ;dL 111,114 115t t r CKED FLATS a { f • d • % Ilk+� , ' 'IL - ti # 4k .DSRT SURF PALM DESERT, CA DESERTWA E VENTURES, LL - Alf 40 if _.��41r19ftEr r LANDSCAPE fi Site Plan f t t l EYN TE LEG EN D PROPERTY LINE EXI STI NG LANDSCAPP NG TO REMAIN PROPOSED ENTRY DRIVE P ROPOS ED GLJ RIB RAMP PER C IVIL ENGI NEER P ROPOS ED LAN DSCAA I NG TYP REFER TO THE E AND SHRIJ B PLANS FOR ADDITI O NAL I N FOP-MATI ON. 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'D EE P SPA Ik R NIGHT BOAR D STORA-GE ON'FAI NE R 0VT00GR NATURAI„GA$ aEQ.0E AREA MIIIJ LTI-PU RR-OSE [AWN LAWN A AEA G UTDOOR S HOWERS $TA NDA RD CABANA D ECORATIVE BA -I FX DROP 19' HIG H $TONE VENEER WALL WITH 5' H IG H GILAS5 P ERIM ETER FENCE AT VILLAS 6 HIGH PERIMETER MODULAR E1OEKWALL AT STACKED FLAT$ &ENCH COVERED fAnBEC JEAREA.WITH $EATING C HAI $E LOUNGE DININQ+TABLES WITH LIMURELLA LOUNGE FURNITURE - ;N DSC APIE EIOV UG R� -P U8L I•-- RESTROGMS FOR L 4-ON U'5FPS A"FIC IAL TU P r PA NE I,S AT PCSI 0ENTIAL UCST PA PKI N6 E�CA.RD STORAGE I OT LOr WI H SEATI NG SHADE STRUCTURE AT TkAI N ING LAWN "COOL" DECK Al TRAININ-G AREA SAN D WITH INT EGRATE D,ACCE SSI SUE SU RFAC ES GENERAL DESIGN NOTES 1 TIE LAN DSCA. PE PLAN VW ILL COM PLY YI+MTi I h I. L C ITY LANDSCAP E STA N DARDS AN D DESIGN Gu I DELF, - il 2. ALL LAN DSCAP E SHALL BE MAINTAINED FHLL. OF E NOROACH M E N T I N TO ALL PU BLIC RIGHT OF WA1 UTILITIES POWER LINES AND EASEMENTS. 3. ALL REQUIRED LANDSCAPE AREAS INCLUDING PUBLIC IRIGHT-OF--NAY; SHALL BE HAINTAINED BY OWN ER T HE LANDSCAPE ARFA5 S HALL BE MA INTAI N E D PE R CITY OF PALM DESERT REQUIREMIEN T5 4 ALL LAN DSCAPIE SHALL BE I NSTALLE D PER TH E APPROVE D SOILS R EPORT RECOM NMENDATIONS FOR SOIL COMPOSITION AND AMENDMENT 5 THE LANDSCAPF S'HAL L COMP LY WITH ALL SE PARATI O N AN D CLEAR ZON ES R E L ATIVE 10 E XI STI NG SI I F U TI LITIESS LANDSCAPE AND PROPOSED LiTILITI ES. LANDSCAPE LIGHTING DESIGN NOTE LAN C)APC L10HTI NO WILL I N(.!_V K TREE AND �H R08 U P LI , PATH LI HT$, AN L� $%P LIGHTS. AI*L LIGHTING DILL BE LOW VOLTAGE AND HAVE LOW MIAINTENANCE LED FIXTURES THE SELECTIVE- USE OF U P LIGH 1 S WI LL LIMI IT TH EI R N UMSEHS TO ON LY MI GH PROFILE 5P ECIMIE N TR EE S AND 5 HRU BS_ TH E LIGHTS W1 LL BE ANGLE D TO RIECV C E G!A RE AND HOT SPOTS. THC GOAL IS TO SH OWCAS E TH E LI-G HT ELXME NT AND NOT TH E LIGHT SOURCE M f Architecture. 96 Design. Relation -ships. 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ALL REQUIRED LANDSCAPE AREAS �INOLUIDINC PUBLIC IRIGHT-OF' NAY; SHALL BE MAINTAINED BY OWN ER T HE LANDSCAPE AREAS S HALL BE MA INTAI N E D PE R CITY OF PALM DESERT REQUIREMEN TS 4. ALL LAN DSCAPE SHALL BE I NSTALLE D PER TH E APPROVE D SOILS R EPORT RECOM NMENDATIONS FOR SOIL COMPOSITION AND AMENDMENT S T HIt LANDSCAPE SHAL L COMP LY WITH ALL SE PARATI O N AN D CLEAN 2ON E S R E LATIVE TO EXI STI NO SI T E U TI LI T IE!� LANDSCAPE AND PROPOSED UTILITI ES. LANDSCAPE LIGHTING DESIGN NOTES t- N 1�APC LIOHTI NO WILL I N(,LV DE TREE ,AND SH RUIN U P 41 H1r$, PATH LIGHT$, AN D 5 i E P L1�HT� ALL LIGHTING WILL RE LOWVOLTAGE AND HAKE LOW MAINTENANCE LED FIXTURES THE SELECTIVE USE OF U P LIGHT'S WI LL LIM IT TH EI R N UMBERS TO ON LY MI GH PWFILE SP ECIMIE N TR EE 5 AND 5 HRU BS_ Tim E LIGHT VVI LL 9E AN-OLE D TO RIEC) C E GLADE ,AND HOT SPOTS. THE GOAL IS TO SH OWCAS C TN E LIO HT ELEME NT A ND NOT TH E LIGHT SOURCE t Arch itecture.97 Design. Relationships, s Scale Job Na. 2020.239 Daw 202I-"-06 LAGOON ICI E P r� i STriC K E FLATS DSRTSURF PALM DESERT, CA DESERT WAVE VFNTUR E, LL �1 11 !3CAL E V �I it LANDSCAPE SIte Plan t KEYNOTE LEGEND PI I'LRTYLINE L xis rING LANIDS kPING TO I EMAI N PROPOSED ENTRY DRIVE SE RVI CE ACCESS AT PARKING LOT CA5T-IN-PLAC E I NTEG PAL CO LiDFxED CONCRET E WALKWAY LAGOON PUMPIRACK 45' H 1,8H PL91 M ET r=k MODU LAIC BLOCK WALL AT STACKED FLATS PROPOSED LANDSCAPI N G TY P. RE PER TO TR ItE AND SHRU 8 PLANS FOR ADDITIONAL INFORMATION 10 ARTIFICIAL TURF PANE LS AT R!5 SIDENT IAL GU ES T PARKI N G BUILT IN BANQUETTEWIYN SHADE 57RUC7URE GENERAL DE :IIV NOTES 1 TFIE LANDSCAPE PLAN VY ILL COM PLY YI+MTJ i h I. L CITY LAND$CAP E STANDARDS AND DESIGN Ou I D€D'. � 2. ALL LAN DSCAP E SHALL BE MAINTAINED FHLE OF E NCROACH M E N T I N TO ALL PU SLI C RIGHT OF WAY UTILITIES POWER LINES AND EASEMENTS. 3. ALL REQUIPED LANDSCAPE AREAS �INCLUIDINC PUBLIC IRIGHT-OF-NAY; SHALL BE MAINTAINED BY OWN ER T ICE LANDSCAPE AREAS S HALL BE MA INTAI N E D PE R CITY OF PALM DESERT REQUIREMEN TS 4. ALL LAN DSCAPE SHALL BE I NSTALLE D PER TH E APPR0VE D SOILS R EPOPT RECOM NMENDATIONS FOR SOIL COMPOSITION AND AMENDMENT 5 T HIt LANDSCAPE SEIAL L COMP LY WITH ALL SE PARATI O N AN D CLEAR 2ON E S R E LATIVE TO EXI STI NO SI T E U TI LI T IE!� LANDSCAPE AND PROPOSED UTILITI ES. DSCAPE LIGHTING DESIGN NO t- N 1 $CAPE LIOHTI NO WILL I N(,LV DE TREE ,AND SH RUB U P 1,1014rs, PATH LIGHT$, AN D STE P L1131­!T!�_ ALL LIGHTING WILL RE LOWVOLTAGE AND HAVE LOW MAINTENANCE LED FIXTURES THE SELECTIVE USE OF U P LIGHT'S WI LL LIM IT TH EI R N UMBERS TO ON LY MI GH PWFILE SP ECIMIE N TR EE 5 AND S HRU BS_ Tim E LIGHT'S VVI I.L BE AN-OLE D TO RED) C E GLAPE AND HOT SPOTS. THE GOAL IS TO SH OWCAS E TH E LIO HT ELEME NT A ND NOT TH E LIGHT SOURCE t Arch itecture.98 Design. Relationships, s 5c�le AT H LI NE DSRT SURF PALM DESERT, CA DESERT WAVE VENTURES, LAC J) LANDSCAPE Site PIa n KEYNOTE TE LEGEND PPO1FLRTY LI N L L XISTING LANDS kPING TO R E M AI,, PRO SEE) ENTRY DRIVE AST—IN—PLAC E I NIEC PAL CO LORED CONCRETE WALKWAY LAGOON S' WALKWAY ALONG LA ON PUMPIRACK I B' HI GH 5TON E VENEE P WALL WITH 5141 GH CLASS PERI METER F ENCF .,,' V I LLA� SHADE STRU CTIJ RE A RTIFICI AL TURF PANELS AT RESIDENTIAL GU EST PARK N G MAINTENANCE EASEM!I NT GENERAL DESIGN NOTES 1 THE LANDSCAPE PLAN V' ILL COMPLY WITI I h I. L CITY LA ND$CAP E STANDARDS AND DESIGN GQ 1 DE D'. .3 2. ALL LAN DSCAP E SHALL BE MAINTAINED FRLE OF E NCRO CH M E N T I N TO ALL PU SLIC RIGHT OF WAY UTILITIES POWER LINES AND EASEMENTS. 3. ALL REQUIRED LANDSCAPE AREAS �INCLUGINO PUBLIC IRIGHT—OF—NAY) SHALL BE MAINTAINED BY OWN ER. T HE LANDSCAPE AREAS S HALL BE MAINTAI N ED PE R CITY OF PALM DESERT REQUIREMEN TS 4. ALL LAN DSCAPE SHALL BE I NSTALLE D PIER TH E APPROVE D SOILS R EPORT RECOM NMENDATMONS FOR SOIL COMPOSITION AND AMENDMENT 5 Y IH:E LANDSCAPE SHAL L OOMP LY WITH ALL SE PARATI O N AN D CLEAR ZON ES R ELATIVE TO EXI STI NO SI T E U TI LI TIES, LANDSCAPE AND PROPOSED UTILITI ES. LANDSCAPE LIGHTING DESIGN N LAN D$CAPE LIGHTI NO WILL I NA%V DE TR EE ,AID $H RUB La P 41 HIT$, PATH LIGHT$, AN D STE P L113HT$- ALL LIGHTING DILL BE LOW VOLTAGE AND HAVE LOW MAIN1iENANCE LED FIXTURES THE SELECTIVE USE.0F U P LIGHTS WI LL LIM IT TH EI R N UMBERS TO ON LY HI GH PROFILE 5P ECIME N TR EE S AND S HRU BS. TW E LIGHT VVI LL RI* AN4LE D TO RIECLI C E GLARE AND HOT SPOTS. THC GOAL IS TO $H OWCA'S E TH E 11.4 HT ELEMr= NT A ND NOT TH E LI-GHT SOURCE. Arch itecture. Design. Relationships. sw-r. jw N4. ctio m'' 2020.239 2021 -06 DSRTSURF PALM DESERT, CA DESERTWAVEVENTURES, LLC J it :ALE F - it 9 LANDSCAPE Site Plan - Hotel Level 3 Amenity Deck E LI TE LEGEND p� ADAL PC-OL LIK T ENHAKC:�ID1 OOD DECK PATHWAY MU LTi -PU gRQ5E LAWN CAST- I N-PLAC E RAISE D PLA NTEA E4ED5 6 HI GH DEC-v RAt1VE I>GiDL BEN C E A ND GAZE TOWEL 5EPVI C E AREA 13AN QlJ ETt1 'SEATING DARD CABANAS NATURAL GAS FI R E T-A 13LES CHAISE LOU NEE 1�- HIGH DECORATIV E BACKID ROP WALL 49 BAR Wffh DECORATIVE OVER4EAD ELEMENT LGUNGEPURNITURE DECORAT'IVE POTTERY 49 PE R IMEMR -G L S 5 UARDRAI L ABOV E PARAPET Am DECORATIVE COBBLE 5CU LPTU RE Gr'SIIDE"TIAL PATIOS EESTQON LIG�ITING DIX:0RATIVEWATER WALL S PATREATM ENT SED ATL S AADE SAIL STRUCTU FEE 140OULAR PLANTE RS STAIRACUSS TO LEVEL I FLOATI N G CONCRETESTEPS PORTAL W1TH WOOD PENCE L, GENERAL DESIGN MOTES -� - 1 THE LAN DSCA PE PLAN W ILL COM PLY VVkT" ALL C ITY LA ND$CAP E ST, AN DARDS AN D D ES1 GN GU I DELIKES 2. ALL LAN DSCAF E SHALL 8E MAINTAINED FREE OF E NCPOACH NI E N i I N iG ALL PU RLI C -RPGHI GF WAY UTILITIES♦ POWER LINES AND IFASEMENTS. S. ALL REQUIICED LANDSCAPE AREAS 0NOLUDINC PUBLIC RIGHT=Or WAY) SHALL BE MAINTAINED BY OWN ER 7 HE LANDSCAPE AREAS S FALL BE MA INIAI N ED PEA CI TY OF PALM DESER r REQUIREMENTS 41 ALL LAN DSCA PE SHALL BE I NSTALLE D PER TH E APPROVE D SOILS R EPORT RECQM MEKDATIONS FGIZ 53IL COMPOSITION AND AMENDMENT. 5 THE LANDSCAPE S4♦AL L COMP LY WI T Fi ALL 5E PARATI G N AN D CLEAN 2ON E 5 R E LAI IVE To EXI STI N(3S! I F U TI L1TIE5, LANDSCAPE AND PROPOSED UTILITI ES LANDSCAPE LIGHTING DESIGN MOTES LAN DSCARL LIGHT I NO WILL I N-�:UV 01: TREE ,AND SDI ROB U P I,JGI-I i!� PATH LIQHT$, AN p S i r P LIGHTS- A�_ LIGHTING WILL EGE LOW VCLTAGE ANO HAVE L-0'V MIAINTENANCE LEES FIXTURES THE SELECTIVE USE OF U P LIGHTS WI LL LIM IT TH E I R N WgrtRS To ON LY CFI GH PROFILE 5P 5C1MI= N TIC E � 5 AND 5 HRU BS TIi E LI GHTS VVI LL RE ANGLE 0 TO ICDU C E Gt AIRE ANC) HOT SPOTS. THE GOAL IS TO SI-I Owcws E V E LI-G HT 1tLEM A NLD NOT TH E LI{'rHT S0URCr-_ Architecture. Design. Relationships. a100 t t 9 Job Na. 2.0,239 * Date 202"4_06 0 4 W Z J I dp -- _ _ — _ y + 1h- , OL 1 { a y tiy16L.Ak,k As y k{{ ~d. y y }dk k� I tiire 4— a ■ V, JIL1 + # r # #� q i ■ d + F- # q�.. i ra • . • { - , t HOTEL PARKING GARAGE 4 � l y r Y i 1 I I i bb s I — do I771 MATCHILINE I 4. DSRT SURF a PALM DESERT, CA FEET WAVE VENTURES, LL wpm -8CAL E V � �0' di LANDSCAPE Wall d Fence Exhibit WALL AND FETE LEGEND I RESIDENTIAL C.M.0 WAIL s WWWA41, WITH VIEW FE NC E POOL ENCLQSillRFFEN.-E 3.5' H I�H PETA114ING WAIL WITH SMN E V EN EE R AND GLASS RAI LINQ ON hl AL L 46 CATE 1. THE LAN D'SCA PE PLAN 1V ILL COM PLY W17H ALL CITY LAND$CAP F TAN DAPDS AN D bESIi�3N GU I DELINES 2. ALL LAN D AP E SHALL BE MAINTAINED FREE OF E NCROACH M ENT I NTO ALL PU BLIC RIGHT OF WAY, UTILITIES POWER LINES AND EASEMENTS- 3. ALL REQUI RED LANDSC-APE AREAS (INCLUDI N6 PU BLIC RICH T-OF-INAY) SHA LL BE MAI NTAINED By OWN ER. THE LANDSCAPE AREAS S HALL BE MAINTAI N ED PE R CITY OF PALM DESERT REQUIREMENTS. A. ALL LAN DSCA PE SHALL BE I NSTALLE [) PER TH E APPROVE D SOILS R EPORT RECOM MENDATIONS FOR SOIL COMPEITION ARID AMENDMENT. 5 THE LANDSCAPE SKAL L COMP LY WITH ALL SE PARATI 0 N AN D CLEAR 2ON E S R a LATIVE To EXI STI NC SI T L UTILITIES, LANDSCAPE AND PROPOSED UTILITIES. Arch itecture. Design. Relationships, 4/ 1 I i I ' I � r 400r, f R , ' + �a I ,r 4 ■ ' * ` 4, SURF CENTER w1 m ul ;ma a r '�\ VILLA 10 z L k. ti 4 k. I� tl I 11 I I I I I I I I ' r I r I I I I 17 I HOTEL &PARKING � GARAGE - *e • •tea k - ; L .. W Li +' --i' ' y _ Jar \\ • F� ir Ilk - VA i I y t'. - - - r OWE E . f 4 f i F b _A DSRT SURF PALM DESERT, CA ■ DESERT WAVE VENTURES, LL I w Iz IJ I� �1 it LANDSCAPE fi Wall and Fence Exhibit f t i WALL AND FETE LEGEND RESIDENTIAL C.M.0 WAIL L W+4LI. WITH VIEW FENCE POOL ENC[,^SLI RE FEN. E 3.5' H I�H PETA114ING WAIL WITH SMN E V EN EE R AND GLASS RAI LINQ ON til AL L CATE GENERAL DESIGN NOTES • 1. THE LAN D'SCA PE PLAN 1V ILL COM PLY W17H ALL CI Y Y LAND$CAP I! STAN DAPDS AN D DESIGN GU I DELINES 2. ALL LAN D AP E SHALL BE MAINTAINED FREE OF E NCROACH M ENT I NTO ALL PU BILK RIGHT OF WAY, UTILITIES POWER LINES AND EASEMENTS_ 3. ALL REQUI RED LANDSCAPE AREAS (INCLUDI N6 PU BLIC RICH T-OF-INAY) SHA LL SE MAI NTAINED By OWN ER. THE LANDSCAPE AREAS S HALL BE MAINTAI N ED PE R CITY OF PALM DESERT REQUIREMENTS. A. ,ALL LAN DSCA PE SHALL BE I NSTALLE D PER TH E APPROVE D SOILS R EPORT RECOM MENDATIONS FOR SOIL COMPEITION ARID AMENDMENT. 5 THE LANDSCAPE SKAL L COMP LY WITH ALL SE PARATI 0 N AN D CLEAR 2ON E 5 R a LATIVE To EXI STI NC SI T I: U TI LI T IES, LANDSCAPE AND PROPOSED UTILITI ES. a ■ ■ Arch Itecture. h. Design. Relationships. N16 21_06 [ I 4 a� STACKED FLATS Ft MATC . I - __ 4 i DSRTSURF DESERT,PALM i ■ ■ i DESFRTWAVE VENTURES, PLC 0 ; r + ql� F * a r i 4 16 ME 4PE t IF r' * ■ IN ip ow LANDSCAPE ` Wall nd Fence Exhibit ! ! f t t ! WALL AND FENCE LEG E N D I RE'51VFNT1AL. C-M.IJ WALL LOW VALE WITH VIEW FE NC E AT BAR Pa;��!- ENC�LQ RFEFFIKZ IC+Fi DETAIN ING WAt-L WITH �Ti7•N E V' N EE R AND G�ASS RA1 LINQ ON VVAL 4 GATT, 1 7 CIE LIEN DSCAP[ PLAN WILL COM PLY WO rI ALL CITY LANIDS AP � SIAN DAPDS AND DESIGN GU I Dv LINES t ALL LAN DSCAP E SHALL BE MAINTAINED FREE OFF NCROACHM ENT LN TO ALL PU SU r- P1GHT bF WAY, '1IIUT15s, PCYYYS2LINEE ANLIIMEN1EW'5_ -{ ALL 95QUIREb LANDSCAPE AREAS (iNCLUDiNO PUSLIC wc.H i•oF' of) SHALL BE MAIN1`AiNED ffF I"KNI ER THE LANDSCAPE AREAS S 14ALL BE MA11NN N ED PE R aTY OF PALM DESERT REQUIREMENT'S A ALL LAN DSCA P� SHALL 81� 1 NSTALLE D PER TH E APPROVE D SOIL; R EPORT RECOM MENDA71ONS PEEP AIL C;-OMNOSITION AND AMENDMIENT 5 I FIE LANDSCAPE SAL L comp Ly wI rH ALL 5k PARAT1.0 N ALN D L AR ZON ES R ELA11VI= TO EXrSTI N-G 511 E L:TII_ITIEE� LANDSCAPE ANCPF P05EI> UTiL TIEst Architecture. Design ■ Relationships. r103 t 1 t r ■ 1•:D. rF.x 2gZU-234? M T HLI NE ' s dp 26 mph ti +y E ap + ' ■' iL } f A 1 r 4A .0p 9L IP 1 / 5 — _ i - r IJjjI # i 1 r ii - A11 PAM--* ..q �+ *tea 40 # * T * } Y i 0 Y j 4 NE ti a iF ray I%r to ■ 1 F DSRTSURF PALM DESERT, T, ' [DESERT WAVE EYRIE, LL r IP SCALE 1' 4. 20' LAN D P E Wall and Fence Exhibit ■ ALLAND FENCE LEGEND RESIDENTIAL, C M U WAI, I, s WWWALL WITH VIEW FENCE AT BAR POOL EN -COO IRE FENCE 2.5' H I�H PETAIWING WALL WITH STUN E V EN EE R AND -GLASS VAI LING ON WAL L CITE GENERAL DESIGN MOTES 1. 'THE LAN DSCA FE RLA, 'VV ILL COM I'LY W11 H ALL GI Y Y LANDS -CAP F STAN DAVDL ; AN [3 bESIGN CjU I DIELINES 2. ALL LAN D AP E SHALL BE MAINTAINED FREE OF E NCROACH M ENT I NTO ALL PU BLIC FIGHT OF WAY, U TI LI T IES, POWER L I NES AN0 F-45 EMENTS- �. AL L REQUi P EI) LAN€]SCAPE AREAS (INCLuD1 N6 PU BLIC RICH T-OF-wAy) SHA LL SE h1AI N TAINED Sy OWN ER THE LANDSCAPE AREAS S FALL BE M1AINTAI N ED PE R CITY OF PALM &ESERT REQUPREMIIENTS. 4. ALL LAN DSCA PE SHALL BE I NSTALLE D PE R TH E APPROVE D SAILS R E PORT ICE- ECM MENDATIONS FOR SOIL COM P051TIONANDAMENDMENT. 5 THE LANDSCAPE SKAL L COMP LY WITH ALL SE PARATI 0 N AN D CLEAR 2ON F S R E LATIVE TO EXI STI NC SI T L U TI LI T IF S. LANMCAPE AND PRIOPOSED UTILITI ES. Architecture. Design. Relationships. 10 Sca:e Job Pb. 2020 -239 * Date 2021 -06 0 0 i . . T t w � 1 4kki ; "q Ld rmmmm-1, L 6J 0 s # DSRTSURF # i PALM DESERT, CA i ■ ■ i E E T WAVE VENTURES, PLC ■ i i r M& 6 '�-� r ' ■ c.•+Iw i r f A- F.I. r.m. M SCALE V _ -% ��•��' LANDSCAPE ` Wall and Fence Exhibit ■ ■ t t ■ ■ WALL AND FENCE LE E D ;Sr HIGH C.M.U. WALL L-O'YVA-LLWITH VWW FrFNCf 1b4OL EN-CLOSUREF-ENCF 5' F.iGF4 RP-7AIN�Nu4y4I_. tiyiT,--, a'EN R CHAIN LI N K F IENCE VW ITH 5A i t QENERAL DESI NOTE I 7 CIE LANDSCAPE PLAN WILL COM PLY W117I ALL CITY LANDS AP E SIAN DAPDS AND DESIGN GUI DV LI MES t ALL LAN DSCAP E SHALL BE MAINTA INED FREE OFF NCROACHM ENT INTO ALL PU SU C PIGHT bF WAY? -1I I L17IV 4, PO',+ N L I NEE ANO IM EMEW'5_ -{ ALL 9EQUIFEE€? LANDSCAPE AREAS (INCLUD1NO PUBLIC IRIGHT-OF-WAY) SHALL BE MAI NTAiNED'Ry WNI ER THE LANDSCAPE AREAS S 14ALL BE MA iNTAI N ED PE R CITY OF PALM DESERT PEQUEFIEMF-NTS A ALL LAN DSCA PE SHALL E1� 1 NSTAaE D PPP TH E APPROVE D S0114A SPORT RECOM MENDATIONS PEEP AIL C;-OMNLSITION AND AMENDMIENT :7 I'ME LANE SCAP� SMALL comp Ly wI rH ALL 5E PARATLO N AND CL E-AR 210N ES R ELA11VE TO �STI N-G SITE Lr TI �ITIEE� LAf DSCAPC ANC) PROPOSW UTiLATI Est Architecture. Design ■ Relationships. AT HLIN E DSRTSURF PALM DESERT, CA DESERT WAVE VENTURES, LLC i � y � 1 SCALE V _ -% ��•��' LANDSCAPE Wall and Fence Exhibit WALL AND FENCE LE E D 8' HIGH C.M.U.VVALL L-0'yVA-LLW1TH VWW FrFNCf lbOOL EN-CLOSUREF-ENCF 5' F.iGH RE7AINNu4y4I_. 4y.-!-� :r�G fEa'ENE R I 7 CIE LANDSCAPE PLAN WILL COM PLY W117I ALL CITY LANDS AP S SIAN DAPDS AND DESIGN GUI DV LI MES t ALL LAN DS-CAP E SHALL BE mAINTA INED FREE OFF NCROACHM ENT INTO ALL PU SU r- FIGHT bF WAY? -1I I L17IV 4, PO',+ N L I NEE ANO IM EMEW'5_ "{ AL L 9EQUI FEE €? LANDSCAPE AREAS (INCLUD1 NO PUBLIC IRIGH T-OF-WAY) SHALL BE MAI NTAiNED'Ry WNI ER THE LANDSCAPE AREAS S 14ALL BE MA iNTAI N ED PE R CITY OF PALM DESERT REQUIREMENTS A ALL LAN DSCA PE SHALL 81� 1 NSTAaE D PPP TH E APPROVE D S01114 A SPORT RECOM MENDATIONS PEEP AIL C;-OMNLSITION AND AMENDMIENT :7 I hIF LANE SCAP� SHAL L comp Ly wI rH ALL 5E PARAr1.0 N ALN D CLEAR 210N ES R EL II LIVE TO �STI N-G 511 E L:TI�ITIEE� LANDSCAPC ANC) PI POSW UTiL TIEst ■ 1 Architecture. Design. Relationships. a i ■ 106 } MATCHLI E �■fij,&-. MATCHLINE L(Aw- L" DSRT SURF PALM DESERT, CA UESERTWAUEVENTURES. LLC .8CALE V � 20' LANDSCAPE Wall and Fence Exhibit WALL AND FENCE LEGEND RESIDE N TIAL C.M U WALL LOW WALL wi Tm VIEW FE NC L i* L ENCLOSURE FENCE — I *' HIGH RETAINING WALL WITH STONE VENE E R GENERAL DESIGN MOTES 1 1HE LANDSCAPE PLAN 1V ILL COM IDLY WIT14 ALL Q Y Y LANDSCAPE STAN DARL)S AN D b E SI G N GU I DL LINES 2. ALL LAN D AP E SHALL BE MAINTAINED FREE OF E NCROACH M ENT I NTO ALL PL 1 BLIC RIGHT OF WAY UTILITIES, POWER LINES AN0 EASEMENTS_ �. AL L REQUI RED LANDSCAPE AREAS (INCLLJil)I N6 PU BLIC RIGH T-OF-INAY) SHA LL BE MAI NTAINED Sy OWN ER THE LANDSCAPE AREAS S HALL BE MAINTAI N ED PE R CITY OF PALM &ESERT REQUIREMENTS. 4, ALL LAN DSC'A PE SHALL BE I NSTALLE D PER TH E APPROVE P E PORT REC OM MENDATIONS FOR Sr:�5IL COMPC5ITION AND AMENDMENT. 5 THE LANDSCAPE SKALL COMP LY WITH ALL SE PARATI 0 N AN D CLEAR 2ON E 5 R E LATIVE To EXI STI NG :51 I L U TI LI T 11 S. LANESCAPE AND PROPOSED UTILITI ES. Arch itecture. Design. Relationships. 107 -3:e Job Na. 2020-239 Dtw 2021- -06 4• _ DSRT SURF PALM DESERT, CA DESERT WADE VENTURES, LLC 0 LANDSCAPE Wall and Peace Exhibit - Hotel Level ,menity Deck WALLAND FENCE LEGEND RE'5I0ENTIAL C.M.0 WALL L-OWWALL WITH VIEW FE NC• RG-DL ENCLOSLIREFENf—E 5' HIGH R1 TAINrNG WALL WITH ST014E VENFER GATE 1 IME LAN DBCA PE PLAN WILL COM PLY WIIN ALL CITY LANDSCAPE STAN DARDS AN D I) LSI GN GUIDELINES 2. ALL LAN D AP E SHALL BE MAIEITAINED FREE OF E NCROACH M ENT I NTO ALL PU BILK RIGHT OF WAY, 0 TI LI t Ir5, POWER LI NES AND EAS EMENT-3- a. ALL PEQUI R Eb LANDSCAPE APEA5 (INCLUDI N6 PU BLIC RIGH T-OF-WAY) SHA LL BE MAI N TAINED IRY OWN EIR T HE LANDSCAPE AREAS S BALL BE MAINTAI N ED PE R CITY OF PALM DESERT REQUIREMEN TS. A. ,ALL LAN DSCA PE SHALL BE I NSTA.LLE D PER TH C APPROVE D S0I11-5 R EPORT RECOM ME NDATIONS FOR SOIL COM POSITIONANDAMENDMENT � THE LANDSCAPE SHAL L COMP LY WI TH ALL SE PARATI 0 N AN D CLEAR 2UN 5 5 R E LATIVE TO EXI STI NC 511 L. U TI LI Y IES LANMC APE ANt> PI POSED UTILITI ES. t Architecture. Design. s cos 5CQ.r. job Pb. - Dhlo 7 t1 i i P t 4 MENEEMEN" `M% � ■ T �5 r *.� -�6 1 + +� R ! = ' 40Lf y - Y ' } R�.j*� ■ A}v + OTEL & PARKING GARAGE ` N .- } . r+1 i its i F MSAT NLINE O .8CAL E V 4� 29' DSRT SURF LANDSCAPE Tree Planting Plan F PALM DESERT, CAt R DESERTWAVEVENTURFS, LL MASTER TREE LE EN-D 5yM00L BOTANICAL NAME SIZE VYUCOLS MATURE COMMON NAME SIZE PALMSTREES BRAHEA ARMATA 30-40' H -I ' p T H. L-M1 MEXI AN aLIJ.EPAS, ! 10-I5, VIA C HAM EROPS HU H ILIS : 5ox M 6-1Z H M.E.DITERRANF AN FAN PAI M 6-10, w PHOENIX DACTY U FERA $Q H 1 �2C' B.H T.H. DATF PAO i*f 25, WASHINGTONIA FILIFERA 40-60' H 1��5' H CAI FAN PA4M 15'w WASHINGTONIA ROOUSTA -100' H 1��� H M-EX1 LN FAN PALM 15' vv AC ENTTREES A LSIZIA JU LIBRISSI N 24' 6OX M -30- H PEPSIANSiLk THEE 25-3 t AVHINIAPURP(JREA 24- li L-M 15-25' 1 -P�)RPL E ORS 04JD TREE 15-25; w CHITALPAXTAB HKENTEFl5I5 C'i4f TALPA ae Box M -30'H 20•25' W LAGERSTROEMPA INDICA 24;' ROB€ L-MI 15-201H CRAPE MYRTj_ 10,15, w TIPUANATIPU 2�` Box MI 5- ' H rOP. ? TREE 40-.80' W MULTI-TRUNKTREE ACACIA SALIGI NA 3f R X L .25-3C' H WOLLOWACACJA I0­I$' w CERCICIU M X'DESEI T M U SELL M' D. �1 R'TMVCUM PALO VERDE BOX L 20-25' H 30­�5' W GLEAEU 1b0PAF_A'SWANH1LU 3' BOX M -3VH .SWAN HILL O+1� TREE 2 5-35' w CANO PYTR EES ACACIA SMALLII 24- D L 15-20' H SS EETACACfA 15-2Cr W 4 PROSOPIS GLAND U LOSA TFXAS NON,EY �- ESQU T-E 24L I30X 1,-m 20-25' H �0_35' vv ER CVS *IRV NIANA ��y B M 40-50' ih SOOTHE i WE CAX 4Q-100' W SCR UNIN G TRUIS FICU S M. MITI DA 24+ Box 40-80 H INDIAN LAUREL F!G 4040' W LIGV*TRUM J. TEXANUM PLANTING DESIGN RI TE THE SELGCTiOn OF PLANT MATCRIALI'S i ED ON CULTURAL, ALSTHETIC,AND MAINTENANCE CONSIDERATIONS_ ALL PLAN TING AREAS SMALL BE PRIEPARIE D W 1 T H APPPOP RIAI E SOIL AM ENE) M ENl S, FERTIU ERS. AND AP PROPR IATE SU PPLEMIE NTS BASED UPO N A SOILS R EPORT FROM AN AGRICU LTUPAL SUITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MULCH SHALL FILL IN 8FTW E EN T HE SH RU FS TO SHI ELD TH E SOI L F ROM THE 5U N. EVAPOTRANS PORATI ON AND RUN -OF F. ALL TH E FLCWFR AN D SHRU 6 BE DS SFIALL BE M ULCHF D TO A r DEPTH TO HE LP CO NSEF`V E WAT ER LOW ER TH E SOI L TEM PERATU RIE AND REDUCE WEED G RCWTH. TH E SH RU BS SHALL BE ALLOWEO TO C Rcw I N TH EIR NATURAL FOR MS. ALL LAN bSC- PE I MPROVEMIENTS SHALL FO LLOW TH E CITY OF PALM D E SERT G FIDE LINES. 07�IRRIGATION DESIGN NOTE$_ THE IF7F4IGAI Ii�N SYSI LM �+'�FiLL E� * ULLYAU i UMAI IC UN I H�::rRQUND L RdP SYSTEM. SACKFLO'J1+ PREVENTION DEV ICES WILL IRE iNSTALLED TO MEET ALL LOCAL AND C ITY APPLI CABLE CODES TH E IRRIGATION SYTE MI WILL RE DE51 GNED AND CONSTRUCT ED TO MEET AN b OR EXCEE D MOML WATER EFFICIENT LANDSCAPE CRDINANCES {MVVELOj. WATER CONSERVATION PRODUCT (HIGH EFFICIENCY f LOW P RECI PITATION � AN D AN EVAIPOTRAN �PIRATIQN (CT) �ATHC A �IAC) CONTPOI_ $Y$TE MI WILL BE INCOPPO DATED INT1) THE 5YST EMI i- ESI G N CLIMATE ZONES FACTOR TH IS P ROJE(:T I!� L.Q-CATEO I N 'WU CO L !' RF u, 4Y,V i) LChN DESERT H - HIQ H WATER NEM M = MODERATE WATER HEEDS L - LOW WATER N EEDS LPL -VERYL AN WATER NE LIDS $UN5ET ZONE-.15 1) SDA HAPOINCS5 20N E � Architecture. Design. Relationships. 109 Job f10. ; 020-8-0 C-aw 2021-04-0.6 T I_Or% - Ole i L LJ z �I } —_ # + -26- ONTR L r 410 vs OWE R - M � 1 IqP *v we 4 0 • , ■ * tip ,. ■40 Imp vp / ■ 10 46 ftL # � 0_ IL 1 1i 4% . +# ZA'; Ir WL # . 41 do DSRT SURF PALM DESERT, CA DESERT WAVE VENTURES, LL I .. HOTEL &PARKING >"I GARAGE tiy1� I FRI f r"ur !l E V 41 LANDSCAPE Tree Planting Plan f t t MASTER TREE LEGEND 5yM1�104 BOTANICAL NAME SIZE YYUCQLS MATURE COMMON NAME SIZE PALMSTREES BRAHEA ARMATA 5-I-0' aT H. L-M 30-40' H M.EXI AN aLUEPA�M 10-15, VIA C HAM EROPS H U M I LIS 6-1Z H � J�.E.D1TERRAINFAN FAN PAJ.l�? PHOENIX DACTY U FERA $Q H B.T.H. H f� TE PAO M1�2C' ?El' w WASHINGTON AFILIFERA 15__25' H 4040'fl C At IE0PJViA FAN PA4 M 15' Vi1 WASHINGTONIA RDBUSTA .1-00' 1��0 H !�-�-EXI LN FAN PALM 15' w AC ENTTREF ALGIVA JU LIBRISSI N 24'@OX M 20-aD- H PEPSIAN SJL K TREE 25-30' W SkLrHINIAPURFUREA P4. Iil L-M 15-2511 -PURPL E ORCkhD TREE 15-25.1V CH ITALPA X TAB H K ENTEN515 041rALPA Box M 20-3(Y H 20•25'W LAGERSTROEMIAINDICA 24"BOX L.MI 15-20'H CRAPE MYRTLE 10-15, w TIPUANATIPU 2�` BOX M 5• ' H ropu TRtk,: 40,.80' W MULTI-TRVNKTREES ACACIA SALIGI NA 2 BMX L 25-30' H WOLLOWACACIIIA 1_15' w CERCIOILJ M X'DESEIRT M U SEU M' BMX L 20-25' H DESERT �+iwSEUM PALO VERDE 301_�5' IJw OLEAFUROPAEA'SWANHILL' n4' Box M -aV H SWAN HfU �V.E TREK CANO PYTREES ACACIASHALLII 24' BOX L 15-W, m .>'T+ E TACACfAl 15-2Cr W PROSOPISOLANDULOSA TEXAS NON,EY fi-' ESQU�TE 2 ` BOXl -MI 20-25' H �0-35' vv EFICVS~Y1Fkl INIANA 2� BCC M 40-50'.h UTH. i WE X 4C-100' W *SCRF-90AING'IS FICUS F4L MITI DA 2A+ B M 40-80' H INDIAN L UPE'L F!G 4040' LIGUSTRUM J.TD(AHUM SCA PLANTING DESIGN MOTES THE SELECTION OF PLANT MATCRIALI'S QED ON CULTURAL, AL!�THETIC,AND MAINIF-NANCE CONSIDERATIONS- ALL PLAN TING AREAS SMALL BE PRI=PARI 1) W1 T H APPROP RIA I L SOIL AM ENE) M ENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMIENTS BASED UPONASOILS REPORT FROM AN AGRICU LTUPAL SUITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROUND COVERS CAR BARK MULCH SHALL FILL IN 8FTW EEN T HE SH RU FS 7-0 SHI ELD TH E S0I L F ROM THE SU N. EVAPO*TRANS PORATI ON AND RUN -OF F. ALL TH E FLC*1 FR AN b SHRU B OF DS SHALL BE M ULCHF D 70 A r DEPTH TO HE LP CO NSEFZV E WAT ER; LOW ER TH E SOI L TEM PIERATU RE AMID REDUCE WEED G RCWTH. TH E SH RU BS SHALL BE ALLOWED TO G Rcw I Ili TH EIR NAT URAL FOR MS. ALL LAN DSCAPE I MPRC wFMFNT5 SHALL FO LLOW TH E -CITY OF PALM D E SORT GUIDE LINES. IRRIGATION DESIGN NOTES 'THE IRRIGATION SYSTEM WILL fj L A • ULLY AU i U MiAI IC LI N INGROUNDURiPSYSTEM.113ACKFLOW PREVENTION DIEV ICES WILL RE INSTALLED TO MIEET ALL LOCAL ANG C ITY APPLI 49LE -CODES_ TH E IRRI-C,AT1OfN SYSfiIE MI WILL RE DESI GNED AND CONSTRUUT ED TO M F_ET AN b OR Etc-CEF D MODEL WATER EFFICIENT LANDSCAPE CRIDINANCES {MEVVELO). WATER CONSERVATION PRODUCTS (HIGH EFFICIENCY f Lam+ P RE4-,I PITATION) AN D AN VAP(TRAN 5 PIRATION (CT) WEATHE R QASel) -CONTROI* $Y$TC MI WILL BE INCOPPO RATED INTO THE 5YST E RM C•ESI G N CLIMATE ZONES FACTOR — TH IS P ROJECT IS L Q<�ATED I N "I COLS' REGI ON 4`: I.Cw IDESERT H - HIQ H WATER NEC D$ M = MODERATE WATER NEEDS L- LOW WATER NEEDS LPL - VIE AY LOW WATIE R NE CI S 5UN$IET ZONE-.15 1.,I SDA HAPOINCS5 20N E Architecture. Design. Relationships. 110 Job PI 2020.239 Imp A+ VJ6 Or I n 46 qw ag lei ;TIC E F LT -- �# � � q STACKED FLATS E• • TH ■ DSRTSURF PLC! DESERT, CA DESERT WAVE VENTURES, LL ■ • i ;ft + s � wh , -0, ' __4 Is _ rt i 4 (1) SCAL E Ir _ N LAN DSCAPE Tree Planting Plan t t r ■ MASTER TREE LEGEND BOTANICALMAME SIZE WVCQLS MATURE COMMON NAME SIZE PALMS TREES BRAHEA ARMATA 5-101 aT H. L-M 30-40' H M.EXICAN aLVER M 10-I5' V. CHAM EROPS H U M I LIS 6-12• H M.E.IRANI FAN PALM b—l"I PIJOEN IX DACTY U FER,4 1 C' B.T.H. H �(y H JATF PAO M 25' w WASHINGTON AFILIFERA 15r-25' H 40- s0'H CLAO R f d Pahl PAf. M 15' Vv WASHINGTONIA ROBUSTA 40-100' H 15,20' H Mf XfC_LAN FAN PAIIf M 15' vv ACCENTTREE� A LSIMA JVLIBRISSIN '24' 6 M -30- H PEPS0AP4 rL KTREE 25-30' W 13AUHINIAPURP(I)REA 24- QC L-M 15-25' H CH4TALPA X TAS H K ENTENS 1:5 C�lfALPA 2 Box M -30' H 20L25' W LAGERSTROE MrA INDICA 24;' BOX L-M IB-20'H CRAFIE MYPTL t 101 15, VL' TIPUANATIPU 2�` 8C.M Z5.40' H TAP{? TREE 40--1 MULTI-TRUNKTRr: ACACIA SALICI NA 3 ' 8'QX L 25--30' H �VfLIII10 ACA0A 10­15, GERCIOIU M X'DESERT M U S EU 14' DE$FFTMV$EUM PALO VER�F 3�i� BOA L 20-25' H 3Q­�5"W OLEA Eke R OPAEA'SWAN FILL' ��• BOXm -30J H .�wAN HILL � TREE 25-a5' w CANOPYTREES ACACIA*SHALLI1 24. aC L 15-20' H SIVE PROSOPISGILANDULOSA TEXAS HOMEY MESQUiTE a -MI �0-25 H �0_35' vv ERCOB Y1 MNIANA 2� BCC M 40-50' fi 1XDU THE i WE K 4C-1,I SCRE1=NINGTREES FICUS 1I NITI DA a 40-80' H IIAN LAUt FAG- 40-60' LIGUI TRUM J. TEXANUM Axt rPRIVEr �-d 4_� PLANTING DESIGN NOTI THE SF.LLC iON OF PLANT MATERIAL IS r ED ON CULTURAL, ALSTH F.71C, AN D MAINTENANCE CONSIDERATIONS, ALL PLAN TING AREAS SHALL EE PREPARE b WI T H APPROP RIATE SOIL Are ENE) M EN VS. FERTILIZERS, AND APPROPRIATE SUPPLEMENTS BASED UPGNASOILS REPORT FROM ANAGRIGULTUPAL SUITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROUND COVERS CAR BARK ULCH SHALL FILL IN PETW EEN T HE SH RU FS 70 SI-II ELD TH E SCSI L F ROM THE 5U N. EVAPOTRANS PORATI ON AND RUN -OF F. ALL TH E FLCWFR AN D SHRU 6 BE DS SMALL BE MI LILCHE D 70 A r DEP7 H TO HE LP CO NSERV E WAT ER; LOW ER THESCSILTEMPERATUREAMIDREDUCE WEED GR TH.THESHRURSSHALLBE:ALLO EO TO -G Rcw IN TH EIR NATURAL FOR MS. ALL LAN DSCAPE I MP EMFmTS SHALL FO LLOW TH E -CITY OF PALM E) E SEPT G UIDE LINES. I RRIATIN DESIGN MOTES THE IRRIGATION SYSTEM WILL B: * ULLYAU i UMAi IC UN I iR(;RQ AND L?RiIPSYSTFM. 8ACKFLC'W PREVtENTIGN DI•V ICES WILL PIE INSTALLED TO Mr:r:T ALL LOCAL AND C ITY AIZPLICAI�LE CODES_ TH E IRRIr3ATIGN SYTE MI WILL SE DE51 GNED AND CONSTRUCT EE) TO MEET AN E) OR EXCEE D IMOE)FL WATER EFFICIENT LANDSCAPE ORDINANCES {M WELGj. WATER CONSERVATION PRODUCTS (HIGH EFFICIENCY f L<>W P RE4-,I PITATION) AN C� AN CVAP<>TRAN $PIRATION (CT) WEATHE A DA$C0 CONTROL $Y$TE MI WILL BE INCORPG RATED INTO THE SYST EM DE51C3N. •Im L E10 •P. TH IS P ROJECT IS L QCAT�D I N W J CQLS' REGI QN'IO IDE$ERT 4 - HI H WATCR NEC C6 M = MODERATE WATER NEEDS L- LOW WATER NEEDS VL-VCRYLOW WAURNECOS 5UNISEf ZONE-.15 USDA HARDINESS 20N E � Architecture. Design. LL( Relationships. V • dr M1. i ,.�* rll MAT HLIICIE mum�r �� M-0 IFW 111111" :11111MI mwft lid MEW f - _ `' _ �r a - + * a 1 . i err L_ AT;0 ' * �z STACKED -FLAT x A mry f 7 ; i ■ i4 + # 4. * 7� de L , • } i E DSRTSURF - PALM DESERT. CA - DESERT WAVE VFNTUR ES, LL �- 9Lill a 6 I P { do 4 or R + _ f LANDSCAPE Tree Planting Plan t MASTER TREE LEG END 5YMIBOL 80TANIC—ALKIAME SIZE WUCOLS MATURE GMI II IMAM E SIZE PALMSTREES RRAHEA ARMATA 5-IO' EkT H. L-M 30-40' H MEXI N 6WE PALS'! 110-15' w OHAM EROPS HU H ILIS 6-12• H M.EP1TERRAMEAN FAN PALM b-10' till{ PHOENIX DACTY LI FERA 15-20' B.T.H. H 80(H f)ATE PAO M 25' w WASHINGTONIA FILIFERA 40-60' H r5-25' H CALIF�)PNIA FAN PAi.M 15'vv WASHINGTONIA ROBUSTA 40-100' H MfXIC AN FAN PAJ M 15, vu ACENTTREES ALBIZIAJULIBRISSIH 24'80X M TaD-H PERSO IN L Ki T.R 25-30 Vie SAUH;HIIAPryRPUREA ' L- M 15•25' H PURPLE O ��D TREE 15-25' w CHFIALPA K TAS H KENTEN515 CHI rALPA 2� B M -�D H 20•25' W LAGERSTROEMPAINDICA 24;'BOX L.M 15-201H CRAFIE MYRTLE' 10.15, VY TIPUANATIPLI RCS 25•40' H UPU TREE 40,450' MULTI -TRUNK TREES ACACIA SALICI NA 3 RC} L 25-30' H WFLLOWACACJA 10­16'w GERCIOIU MVIDESERT M U S EU M fi��1=RTMVSEUM PALO VERDZ 3�i- BOA L 20-25' H OLF,AEkeRORAEA'SWANHILL' ��' a �� M -aV H SWAN HILL (X� T�1=� -W w CANOPYTREES ACACIASMALLII a l 15-20' H SWIF TAC:�h fA 15-:2C''IAt PRCSOPISOLANDULOSA TEXAS �I OMEY MESQr)OTE 24- a I �0-25' H �0_35' vv W ERCOS~ VIMNIANA ' D h1 40-5(1' t, 1XDU THERN � VE R 4-0-100' SCR E977[I4G'rlirmr;S EIOU S M. NIT1 DA . 90Y 40-80' H INDIAN LAUREL f!G 4040' LIGUSTRUM J. TEXANUM H WAXiEAFPRWET , b PLANTING DESIGN NOTES THE SELECTIOPi OF PLANT MATERIAL wS QED ON CULTURAL, AESTHETIC, AND MAINTENANCE CONSIDERATIONS- ALL PLAN TANG, AREAS SHALL SE PREPARE D wl T H APPROP RIATE SOIL AM ENE) M1 L-N i S, FERTIU ERS. AND AP PRGPR IATE SU PPLEME NT5 BASED UPG N A SOILS R EPORT FROM ISM AGRICU LTUPAL SU ITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROLJ N D COVERS OR BARK MI ULCH SHALL FI ILL IN BETWEEN T HIE SH RU F S 70 SHI ELD TH E 5O1 L F ROM THE SU N. EVAPOTRANS PORATI ON AND RUN -OF F. ALL TH E FLCWFR AN D SHRU B IBE DS SHALL ISE M ULCHE D TO A r DEIST H TO HE LP CO NSERV E WAT ER; LOWER THESOILTEMPEPATUREAND RED UCE'AfFEDGRCEWTH.TICESHRUB5SHALL BEALLO EOTGGROWIN TH EIR NAT URrkL FOR MS. ALL LAN DSCAPE I MPROVEMIENTS. SHALL FO LLOW TH E CITY OF PALM D E S1= RT GUIDE LINES. I R R I GATI N DESIGN N OTE51JEL, THE IRRIGATION SYSTEM YALL 13� * ULLYAU i QV1A • I ` . I iRGR U N L) L RAP V5TL M. BACK F LOW PREVENTION DELI ICES WILL RE iNSTiALLED TO MEET AL-L LOCAL AND C ITV APP L I CAJBLE CObr.� TH E IRRIr3ATION SYTE MI WILL BE DE51 GNED AND CGNSTRUC'T ED TO M F_ET AN b OIL E XCEF D MOML WATER EFFICIENT LANDSCAPE CRINNANCES {M"011 j. WATER CONSERVATION PRODUCTS (HIGH EFFICIENCY f LOW P RE1-,I PITATION � AN D AN CVAP<>TRAN $PIRATION (ET) WCATHC A eA I) CONTAOI* $Y$TE MI WILL E INCOPPGRATE1D INTC)THE SYSTE RM DE51CN CLIMATE ZONES FACTOR. A J111iff� TH 15 P ROJECT IS L 0�ATFD I N 'VVtJ CQLS' REC'51 ON 'b' LCw IDESERT H - HI H WATER NEB D$ M = MODERATE WATER NEEDS L- LOWWATER NEELS VL = VIE AY LOW WATE A NE COS SUNSET ZONE-15 1J SDA HARDINESS 20N E � Architecture. Design. Relationships. 112 s Scale Job w.. 2020-239 {4iM6 O�, -Otv vim 4r i i ■DSRT SURF PALM DESERT, CA DFSFRTWAVFVFNTURES, LL mommommommoms LAGOON MEP No 4 k _ -SCALE V 4r 20' LANDSCAPE Tree Planting Plan f t t ■ MASTER TREE LEGEND 5YMDOL BOTANICAL NAME SIZE WUCOLS MATURE COHNON NAME SIZE PALM STREES BIRAHEA ARMATA 5-10' aT H. L-M �4G' H MEXf!Z N aLIJEPALM 10-15' V. GHAM EROPS HU H ILIS 6-1Z H ��- ��� M M.E.P1TE�4RANEAN FAN PALM b-10'W PHOENIX OACTY U FERA 1r�__2C' B.T.H. H 80' H DATE PAO M 25' w WASHINGTON AFILIFERA 15r-25' H 40-60'11­1 C ALIFOPML4 Pahl PAf. M 15' Vv WASHI NGTO N IA RO BUSTA -100' H I �-t ` � Mf, XIC'AN FAN PAS M 15' Vv ACCENTTREE-� A LIBIZIA JU LIBRISSIH '24' 6OX M -aD- H PEPS0AP4 rL KTF$EE 25-30' W KAVNINIAPURPURE A 24. QOX L-M 15-25' H .PJRPL E ORC040 TPEE 15-25; w C H ITALPA X TAS H K ENTEN515 vL- �ALQA ae sox M -30' H 20•25' LAGERSTROEMIA INDICA 24;' ROD€ L-MI IB-20'H CRAPE KYRTLE 101 15' VL' TIPUANATIPU : B 24;40--80' M Z5-40' H ropu TRt W MULTI-TR UNKTREES ACACIA SALICI NA 3f ROB L 25-30' H WiLLO4' ACA0A 10­15' C ERCIOIU M X'DESEIRT H U 9 EU MI' DESERT�i OSEUM PALO VERDE 3�i- BOA L 20-25' H 3Q­�5' W OLEAEURORAEA'SWANHILL' 3�' a �� M -aV H SWAN HfU OL� E TH -�5' W CANO PYTR EES ACACIASHALLII 24_ BOX L 15-20' H .>' W.F TACAC fA 15-:2C' W PROSOPISGILANDULOSA TEXAS HOMEY MESQUiT� 2 " [3 L -f l 20-25' H �0-35' vv ERC-IJSW �NPANA 2�L" B M 40-50'.h 'Y'OUTHERN i JV`•-F X 4C-100' W SCREENIINGTREES FCUS h'I� NITI DA O � 2 BOX G LAY "'- 40--ii�+.y} +EE} rr INOIAN LA L F/G LH 40_' O YY L,�I�GUSTRUM J,. UM 7 v 6 FT�kH FYA L PM Y ET C�� dkJ+'t MCA yH .4KY� PLANTING DESIGN NOTES THE SELLCTIOPi OF PILANT MATERIALI'S BASED ON CULTURAL, ALSTH ETIC, AN D MAiNTENANCL CONSIDERATIONS. ALL ELAN TING AREAS SMALL SF PRIE=PARIE D WI T H AEPROP RIATE SOIL AM ENE) M ENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMIFNTS BASED UPONASOILS REPORT FROM ANAGRICULTUIRAE_ SUITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROUND COVERS OR BARK MIULCH SHALL FILL IN I BETWEEN T HE SH RU FS 7O SHI ELD TH E SOI L F ROM THE SU N. EVAPOTRAN51>ORATI ON AND RUN -OF F. ALL TH E FLCWFR AN D SHRU R IBF DS SHALL BE M ULCHF D TO A r DIEPTM TO HE LP CO NSERV E WAT ER; LOW ER TH E SOI L TEEM PIERATU RE AND REDUCE WEED C ROWTH. TIC E SH RU BS SHALL BE ALLO EO TO C Rcw I N TH EIR NAT URAL FOR MS. ALL LAN ESCAPE I MPROVE MFNTS SHALL FO LLOW TH E CITY OF PALM E) E SERT G U1OF LINES. IRRIGATION DESIGN MOTES THL IHHiGAI IGN S'fS[LM WILL fjL A • ULLYAU i UMAI IC UN I RGRQUND DRiPSYSTEM. CKFLOVI+ PREIIEI TION DIEV ICES WILL PIE INSTALLED TO MEET ALL LOCAL AND C ITY AIZPLI JBLE CODr�E TH E IRRIr3ATION SYSTIE M WILL RE DE51 GNIED AND CONSTRUC f LD TO MEET AN E) OR E XCEIE D 1MOE)EL WATER EFFICIENT LANDSCAPE ORIDINANCES {MEVVELO). WATER CONSERVATION PRODUCTS (HIGH EFFICIENCY f L<>W P RC4-,I PITATION) AN (� AN VAP(>TRAN SPIRA�nQN (CT) WEATHIE A BASCO CONTROL $YsTIE M1 WILL ac INCOP#O DATED INTO) THE SYSTEM U-ESI G N ` CLIMATE ZONES FACTOR TH 15 P ROJECT 1S L Q<�ATED I N "NU CQLS' REGI ON is I.ChN IDESERT H - HI H WATER NEC D$ M = MODERATE WATER HEEDS L- LOVE WATER NEEV5 VL - VC RY L(,YW WATE P NE COS 5UNSET ZONE-. 1J SDA HAPOINCSS 20N E Architecture. Design. Relationships. OON fool * L CA + i Ik STAKED FLATS DSRT SURF PALM DESERT, CA UESERTWAUEVENTURES, LLC 1 1I f � t J, STACKE _ FLATS I �1 .9CAL E 1- 20' LANDSCAPE Tree Planting Plan t t r r MASTER TREE LEGEND 5YMBOL BOTANICAL NAME SIZE WUCOLS MATURE COMMON NAME SIZE PALM STREES BIRAHEA ARMATA 5-10' aT H. L-M �4G' H MEXf!ZAN aLV. PAS M'! 11:r15' V. GHAM EROPS HlJ H ILIS 6-1Z H ��- ��� M � M.E.P1TERAMEA" FAN PAID b-10' W PHOENIX OACTY U FERA 15-20' B.T.H. H 80' H DATF PAO M 25' w WASHINGTON AFILIFERA 15_2F H 40-60'11­1 C AL1FQPNfA Pahl PAf. M 15, Vv WASHI NGTO N IA RO BUSTA -100' H Mf, XIC AN FAN PAS M 15, VIv ACCENTTREE-� A LiBIZIA JVLIBRISSIN '24' 6 M -a0" H PEPS0AN S1i KTjR1E 25-30' W bAVHINIAPURPUREA 24- QOX L-M 15-25' H PJRPL E 011040 TPEE 15-25' w C H ITALPA X TAS H K ENTEN515 �QA ae sox M -30' H 20•25' LAGERSTRIOEMIA INDICA 24;' ROD€ L-MI I5-201H CRAPE KYRTLE 101 15, VL' EIPUANATPPU 2 `BBC M Z5-40'H TR�L 40- iD' V MULTI-TR L)IYKTREES ACACIA SAkLICI NA 3f R L 25-30' H WiLLU4' ACA0A ICI$, C ERCIOIU M X'DESERT H U 9 EU MI' DESERT�i OSEUM PALO VERDE 3�i- BOA L 20-25' H 3Q­�5' W OLEAEURORAkEA'SWANHILL' 3�' a �� M -aV H SWAN 141U 0LI1TREK -�5' W CANO PYTR EES ACACIASHALLII 24_ DOX L 15-20' H .>' W.F TACAC fA 15-:2C' W PROSOPISGILANDULOSA TEXAS �I OMEY MESWTE 2 " f3 L -MI 20-25' H �0_35' Vv EFICVSVY C NIANA 2�L" B M 40-50'.h SOUTHERN i JV`•.F K 40-100' W SCRE1 NiNGTREE$ PICUE h'I.1V1TI LEA 2�- a � 40--80' H INDIANL UPELFf G 40,�0' w LIGUSTRUM J,TOkHUM v 64 w AXt PRIVET 4-dam .4a PLANTING DESIGN NOTES THE SCLLCTION OF PILANT MATCRIAL MS &kA ED ON CULTURAL, ALSTH ETIC, AN D [,JAINVTENANCE CONSIDERATIONS, ALL PLAN TING ARFAS SMALL BE FRIEPARIE D wI T H APPROP RIA I L SOIL AM END MI ENTS, FERTILIZERS, AND APPROPRIATE SUPPLEMIENTS BASED UPONASOILS REPORT FROM AMAGRICULTURAL SUITABILITY SOIL SAMPLETAKEN FROM THE SITE. GROUND COVERS OR BARK MIULCH SHALL FILL IN BE rW E EN T HE SH RU F S TO SHI ELD TH E SOI L F ROM THE SU N. EVAPOTRAN51>ORATI ON AND RUN -OF F. ALL TH E FLOWER AN D SHRU R BE DS SHALL BE M ULCHE D TO A r DEPTH TO HE LP CO NSERV E WAT ER; Low ER TH E SOI L TEM PERATU RE AND REDUCE WF_ED G ROWTH. TIC E SH RU BS SHALL BE ALLO EO TO G RCW I N TH LIP NAT URAL FOR MS. ALL LAN Dgr- PE I MPROVE MFmTS SHALL FO LLOW TH E -CITY OF PALM D E SERT G FIDE LINES. IRRIGATION DESIGN NOTES THLIHR1:3AIIi)NSYSILMWILL 13�-ULLYAUiQ 1A1ICUN I RGRQU ND D RiP SYSTEM. 13ACKFLOVV PREVENTION DEV ICES WILL RE iNSTALL ED TO MEET ALL LOCAL AND C ITY AIZPLI 4I�LE -CODES TH E IRRI-C,ATION SYSTF MI WILL SE DE51 GNED AND -CONSTRUCT ED TO M F-eT AN b OR E XCEF D MODEL WATER F_FFICIENT LANDSCAPE ORIANANCES {MWELO). WATER CONSERVATION PRODUCTS (HIGH EFFICIENCY f L<>W P RC4-,I PITATION) AN (� AN CVAP(>TRAN �PIRATION (CT) WEATHC A RASCO CONTROL $YsT>E M WILL ac INCORPO DATED INTO) THE SYSTEM U-ESI G N LI MATE ZO N ES FACTO l TH 15 P ROJECT 1S L Q<�ATED I N "NU COLS' REGI ON 1: Low IDESERT H - HI H WATER NEC D$ M = MODERATE WATER NEEDS L- LOVE WATER NEE05 VI. -VCRY L(,YWWATEA NE COS 5UNSET ZONE-. 15 1J SDA HAPOINCSS 20N E Architecture. Design. Relationships. F AT HLINE .N 9 =m6 M=w *l DSRTSURF PALM DESERT, CA DESERT WAVE VENTURES, LLC i � ■ MAT ILi NE OP.- ts's SCALE V x- N 4 LANDSCAPE Tree Planting Plan MA TER TREE LEGEND BOTANEr-ALNAME SIZE wUc()�s MATURE #MIONIIA#-1f SIZE PALMSTREES BRAHEA ARMATA S-IO' aT H. L-M 30-40' H MEXI N 64VERALM 110-15' V. C HAM EROPS H U M I LIS 6-12'' H #��'}}€ M ME.P1TERRANFAN FAN PALM b-10' W PHOENIX DACTY U FERA 15-20' B.T.H. H �cy H f)ATE PAO M 25' w WASHINGTONIA FILIFERA 40-60' H f5-�5' H C ALIFOPNLd FAN PAL M 15' w WASHI NGTO N IA RO BUSTA 15-20' H 40-100' H Mf. XIC AN FAN PAJ M 15' vv ACCENTTREE-� A LSIVA JU LIBRISSI N '24'@OX M Z.0_�ic r H PEPSI N Sri K rREE 25-30' W bAUHINIAPURP(JREA 24' 8ox L-M 15-25' H �IV RPL E Off VAD TPEE 15-25' w OHTIALPA K TAS H K ENTEN515 CHOTALPA Box M -30' H 20•25' LAGERSTROENIIA INDICA 24;'SOX L-M 15-201H CRAFIE M f PTj_ 10.15' VY TIPUANATIPU 2 `5C�3C 25-40' H TWU TREE 40-60' W MULTI-TRUNKTREES ACACIA SALICI NA 3 R L 25-30' H WFLLOWACACJA 10­15' w GERCIOIU M X'DESERT M U S EU MIS SOS L 20-25' H DE�FT MVF- EUM PALO VER4) 1= 30_�5' w GLEAEkeRORAEA'SWANHILL! na'SOx M -aVH .!FWA r HILL %PVT TRE.E aS' w CANO PYTREES ACACIASMALLII 24'15-20' B H I� E TAC ACfA 15-2D'VV PROSOPISCLANDULOSA TFXASi0Af,EymESQWT-E 24-BOX I -m 20-25' H 0_35' 4T QJ ERCOS VI MNIANA �A B M 40-50� H S�OUTHE i IV`E CHAR 4Q-100' W SCRUNINGTREES EIOU S M. MITI BA ��- a � 40-80' H , NOIAN LAUREL F!G 40-46O' LIGU *TRIJM J . TE(AH IJM V~ ' wAxi rRRivET 24' MCA -4-� PLANTING DESIGN NOTES 0 THC SELECTION OF PLANT MFATCRIALI'S BASED ON CULTURAL, AESTHETIC,AND MAINTENANCE CONSIDERATIONS -ALL PLAN TIrVGAREAS SHALL 5E PREPARE D W1 T H APPROP RIATE SOIL AmENE) MENIS, FERTIUZERS, AMD APPROPRIATE SUPPLEMIFNTS BASED UPONASOILS REPORT FROM AN AGRICU LTUPAI. SU ITABILITY SOIL SAM PLE TAKEN FROM THE SITE. GROU N D COVERS OR IRAPK M ULCH SHALL FI LL IN BETWEEN T HE SH RU FS TO SHI ELD TH E SCSI L F ROM THE SU N. EVAPOTRANS PORATI ON AND RUN -OF F. ALL TH E FLCWFR AN D SHRU 6IBE DS SMALL IRE M ULCHF D TO A r DEPTH TO HE LP CO NSERV E WAT ER; LOW ER THE S+OILTEMPEPATURIEAND RED UCE 'Af F ED G ROWTH. TH E SHRUBS SHALL REALLOWEOTO GROW IN TH EIR NATURAL FOR MS. ALL LAN DSCAPE I MPRCVEMFNTS SHALL FO LLOW TH E CITY OF PALM D E SEPT GUIDE LINES. IRRIGATION DESIGN NOTES THL 1HRiGAI IGN S'f5I LIVI WILL Is: * ULLYo U 1 QMIA1 IC UN I RCRQUND I)RiPSYSTEM. I?ACKFLOW PPEVLNTION DELI ICES WILL PIE INSTALLED TO MEET ALL LOCAL AND C ITV APPLI JRLE CODES_ TH E IRRIC,ATION SYTE MI WILL PE DESI GNED AND CONSTRUC f E=D TO MEET AN b OR E=XCEE D MOML WATER EFFI LIEN T LANDSCAPE CRIANAN C ES {M WELO). WATE R CONSE RVATION PRODUCTS (HIGH EFF ICI EN CY f L<>W P RE4-,I PITATION) AN D AN VAP<>TRAN $PIRATION (CT) WEATHE A BAO 1rONTAOO $Y$TIE M1 WILL = INCORPORATED INTO THE 5YS><LM UE=SIGN. CLIMATEZONIES FAI THIS P ROJEG'T IS L Q<�ATE; D I N W J COL!_ ' REDI ON 'b' LC DE$IERT 4 - 1-1110 H WATCR NEC C6 M = MODERATE WATER HEEDS L- LOW WATER NEEDS VL-VCRYLOW WAURNECOS 5UN51ET ZONE-.15 USDA HARDINESS 20N E � Design. Relationships, DSRTSURF PALM DESERT, CA DESERT WAVE VENTURES, LLC s nAL E F - it LANDSCAPE Tree Planting Plan - Motel Legal 3 Amenity Deck MASTER TREE LEGEND SYMBOL BOTANICALNAME SIZE WUCOL5 MATURE COMMI ON NAME Size PALMS TREES BRAHEA ARMATA 304C., I I i,.FXtC AN 64,VF PA -M B.F H. 1,-M 10151 V, CHAM EROPS HUM ILIS B�� M B-12' H MEr,1TERR MEAN FAN PALM 6-110' VV P140EKIX DACTY U EERY{ 15-2C' B T.H H %(H DA TF PAS M 2s, WASHINGTON[AFILIFERA 40-0'H CAI FAN PAS Mr 15-:25' H IS' w WA15H1L OYDN[A RO13USTA I��� H 400'H �-115..�. M.FXfC-AN FAN P,�iP ACENTTREE ALSIZIA JU LIBRISSI N �4'ROX M 40' H PEPS?4N $JL K FREI` 25-30' W BAUHINIAPURP(JREA �' � L-M 15-25' H URPLE O 0D TREE 15-25' W AL ,. CMITALFAXTA5HKENTEN515 �'Ki TALPA •� 13 M -aD'H 20P 25' 'err 1-AGERSTROEMIA INDICA � B L• 15-20-H CRAr -E MY TLE IQ, 15' w TIP UANA TIPU ` B M S• • N rJP1? TREE 40-60' W IMULTI-TRUNIXTREES ACACIA SALICIMA 3 8 L 25-30r H WILL OWACACIA 1-151 w CERGIMIN FBI X;-D E S1= RT M U S Eke M' DESERrM{�'�irUM PA4, VERDE 3#�J BOA L 20-25' FI �5' W GLEA EU i PArA' ANUILL' 3#sJ BOX MI ZQ-W H SWAN W44 GUVC TREE CANOPY TREES ACACIASHALLII " D 15- ' H SWFFTA(-,AC?.A 15-:2O' 1O+ PROSOPI$011 ANDULASA Fi<XAS N N€Y ?4ESQIJ0TE 24- BOX L_M :20-25' H 5' Ifs W ER S VWGINIANA ��" BBC M 40-50' 14 SOUTHERN i WE CAX 40-100' W SCR UNiN G YFtEES FICUS M. 141TI G* 24" V IND1AN LAUREL FIG 4040' LIGV*TRUM J. TEXANUM 24' SCA 644 WAXLEA r PRIVET 4-6 W jjjjjjjL�,. P `NT1 N G D E s i r. N NOTES TH E SELECTION OF PLANT MATERIAL15 dA�ED ON CU]JURAL,ACSTH[TIC,AND MAINTENANCE, CONSIDERATIONS -ALL PLAN rkNG 4REAl5 SHALL BE PREPARED WIiHAN>ROPRIATE Sok AMENO MEN15, FERTIL iZERS, AND AP PROPR IATE SU PPLEME NTS BASED UPO N A SOILS R EPORT FROM AN AGRICU LTURAL SO ITABILITY SOIL SAM PLE TAKEN FROM T14E SI T E. GROU N D COVERS OR BARK MI LJLCH SHALL FI ILL IN DE rN E EN 1 HE SH ICU ES TO SFILELb TH E 501 L F ROM T14E 5U N. EVAPOTRAN5 POF'ATI ON AND RUN -OP F ALL THE FLOWER AND SHRUROFI)S SMALL EE MLILCHED TOAD' DEP?M TO HEtPCONSERVE WATER. LC*'IIti+ER TH E SOI L TEM PERATU RE AND REDUCE WEED C ROWT1-I. TH E SH RU RS SHALL BE ALLOWED ED TO C ROW I N TH EIP NATURAL FOIE MS. ALL LAN bSCARE I MPROVI= MENT5 514 ALL PO LLCW TH E CITE OF PALM D E S RT GUIDELINES. I - IRRIGATION DESIGN NOTES � IHL IRRi l lOti SYS I LM WiLL BL A r-ULL'a' A,J MA --'JN€?LRGRC)UNL) Lr- :SYSfEMI. 8ACKFLC+W PP VENTION DEV IC ES WILL DE IHStALLED TO MEET ALL LOCAL ANt C ITY APP LICAI�LE COOr.5 1-1 E IRRI-,ATION SYSTrtM1WILL RE bESiGNEE) AND CONSTRUCTI=U TO MEETANd OR EXivEED MODEL WATEIR EFFICIENT LANIvSCAPE ORt)INANCFS JM WELO) WATER CONSERVATION PROL)UCTS {HIGH EFFICIENCY I L P RE } I PITATION) AN D AN EVAP(>TPAN �PPRA-TiON (CT) W�ATHC R JRAI> 4-'0NTR0Ir SYSTE M1 WILI- aC INCORPO RATE1j INTO THE SY57EM DESIC,N. i #Wk. -CWMAT TH 15 a R0JFCT IS LO-CALTE D I N -WU C AS REGI ON 'S LCM DESERT H HIE, H WATCR NU D$ M = M0)ERATE WATE R HE EDS L LOVE+WATER NEEV$ VrL FVIE ICY LV6VWAltA Nt'rD8 SUNSET ZONE-.15 USDA HAPbINE!$ ZON E. 9 Architecture. t Design. Relationships. 4 2021-"�4 ;1P -m-m dt e w� -m + N 8 . 00 HOTEL &PARKING GARAGE 00 • M T HL DSRT SURF PALM DESERT, CA DESERT WAVE VENTURES, LAC CLIMATE ZONES FACTOR T H IS P4�QIECT PS LC? --A r EL} I M "NIJ CO LS' RE GI ON '6- LOVV DESERT LI s HIGH VV.ATPFk NEEDS M = MC DERATE: WATER NE F 135 L r- LOW WATER NEEDS VL+VE'ICYLOW WATER NIEE SUNSET -ZONE 15 USDA HARIDINES5ZCNE: 4 , a � rye ni_A4 E F — 19' LANDSCAPE Shrubs Pkartlng Plan MASTER SHRUB LEG END BQTArIrC.AL NAME MATURE sY�tE CL 5IZF WVCOL5 COM FL0N 14AMS S12E GROUNDCOVERS ACACIA RECOLEN S '01=5 ERTCA R R ET' 5'+_ L 113-7� ,H DESEf�T�ARQET 10`l W CHAYSACTINIAMEXICANA 5CAL L 18.24-H i r�ANf A 1 f!-:24+ w LANTANA CAMARA'NEW-00L'#' 50 L M �S I~I N� W G()Li!� LA? ANA -3-6' vw UP10PE SPP_ SAL M 12-TW w TUPF L?LY 1r W 0ENOTfHERJA� f 5At V 1. 0, H jHE�RL�A�}NiemailER! '. ll1! +! JA JAJT PRjr'JFZ0 9 4' y' V ERSENA s oAL m W H VERSE NA 4'1N MEDIUM SHRUBS C RAP IS X '!!`WOMPW N' 15 SAL L JACCIVAAIS 6,vv C 15TUS PU RPUSIELKS m 344 OPCHODROCK POSE 4' W LEUCOPIH Y LLU M CAND IDUM rxC,AL �,-M 1' 4-1 nA� 'F 31 w LEUCOP-HY'LLUM ZYGOPHYLLUM'CIMARIA 0N' _ _.. 4=M _+ PLV RANGER 3, RD&MARINUS OFF10HALIS +=s L. m3-A 2-A H RC)c;Fj%?ARY W SALVIA 13 REGGI '51 ERRA LI NON S t M 2-3' H P� SALVI 4 Z-31 w TRAC H ELOSP EIS M U M JASM11 NO IDES 3--b' H 7TAR )A� -2Ilk1F b GAL M 3'-b- w LARGE 5HFLU RS WTJOPAINVILLEASPP. 20-40' H RCrU lfllfVJU CA �GAI- L-M 20_ ■vv CAI--SALPI N Ilk PU LCHERRIMA 54H R.FJD 431RD OF PARADISE 54' vv CCU LUS LAUR I FODUS CAL M 6-25' H LAUPEL LEAF SWAIL SJEPD .5 8-ZS' w DALEAFRUTESCENS 'SJEARA NEGFW SGAL M 3�5' 111 kLACK DAL.�4 C -d w 1D1STIC7USX'RIVFF1S' 50AL M 25- m 1�OYAL TRUMPET VINE 25, w D O DOMAEA VISCOSA 4 CAS M 10-12 H W O FVSH 1�)' LEUCOPHYLLUM FRUTESCENS Jr. -a' H LE UCOPH Y LLU M LAKGMAN IAE 'R 10 0 RAVO' � �i A L L Cw1 �'l:-- BRAVO SAGE 4-S' 1r4' LQNICERAJAPCtNOIC 4'HALLIANA' 5 CAL M 15,11 HALLS 15' w ,ACCENTS OdGAVE- - 15 :a L L 16- I-H OF-3E 'TACA'fF I E�-24' W AGAVE GEM4NIFLORA 15 GAL L-r� 314 T�+1�1NPLOWER AGAVJr 3-99 w AGAVE PARR 1 15 CAL M �' f+ F2 PA L5 443AVE 2"W 4LOE SAREIIADENSIS 15 GAL L 3-4' H ALOE VER.A 34 w AL-DEVAFIIEGA7A 15 SAL � 1�'H PA RTRI &G.0 6RCASTALCIE 17 w CEREU5 HILOMANNIANUS 15 L I0-16 H H11 J ANN F ff I�F�'.5 CdAL -1ti7' fir' OAS1f LIR ION LONG ISS I H A 15 .SAL L 1 a' H O'FX1CAN GPALS5 TPEE ' w CKA5YL1R DN WH EELE R1 DES TSpO ! 15 SAL L 4.6' 4 S-6' W FOUQU d ERIA �P LE N DE NT- 15 GAL L 6-K' N 15' v+ HESPERALOR PAR I FLORA 15 GAL L $-$- H PACHY-CrREUIS MARclMATU5 15 rok- I1-I5' H a'r EXICAN FENCE POST 6-10' STIPA TENUI SSi MA IS CAL L 2-1 H MFXtC .d N FFATHFJ? CRA cZS 7-3' w YUCCA ELATA 1S�AL L Fw1 'CAP-TRCE L CCA Y24L10 YUC-CA 0 LORIOSA 15 GAL L 1Z H SPANISN GAGQ5.P a' vy YUOCjA WH IPP LyEI i5 GAL I 3-4' C. Ct L A1JiXE- {H�� 34iM PLANTING DESIGN NOTES THE SELPCTION OF PLANT i4A1 = ".iAL 15 &ASED ON CULTURAL, AEStHETIC. AN[) MAINTENANCE CONSIDERATIONS. ALL PLAN frI4G ARMS SHALL EE PREPARE D VVI I H APPROP RATE SChIL Are END M ENVV , PERTIL32ERS,AND APPROPRIATE 51J PPLEME NTS EASED UPCNASOILS RP-POFZTi PROM AN AGRICU L-rURAL 54J ITAMLITY SOIL SAM 01-1-7- TAKEN F M Ti4E SIT E GF?CU N D COVERS OR OAK M OLCH SHALL FI L L IN RE 1-W EEN t HE SH ICU I#S TO 1 ELD TH E SOI L F HOM THE 5U N. EVAPOTkAN5 POkATI ON AND RUN-09 F ALL TH E FLOWER AN D SHRU R SHALL nE M ULCHE D T O A �V' DEPTH TO HV-P CO N5ERV E WAT ER Low -PR THE 50FL TEM PEPATU RE AND K0UCE:WEE D-0RO +TH. THE SHRUWS SHALL BE ALLOWTO CNOW IN TH EM NATURAL FOR MS ALL LAN DSCAPE I MPROVE MEN 1`5 Ski ALL FO LLOW tH E CITY OF PALM b F SE R T IRRIGATION DESIGN MOTES THEIRRiGATION$Y$TEMIf iLr,BEAFULLYAQTOMA' :-' QNUERGROUNDDRIP SYSTEM. FIQW PREVENTION OEV ICES WILL ICE INSTALL EO TO MPET ALL LOCAL ANO C ITY APPLICABLE COD ES, tH E IRRI ITION 5Y$TE M} W14L UE DE51 CNE D AND CONSTRUCTED TO MEE7 AN D OR EX } EED MODEL WATER EFFI C IIErNT 4AND'SCAPL OR"NANCL� {M WEU, )j WATT: R CONSERVATION PRODUCT$ i HIQH EFFI+I'* NCY I LOW P RECI 017ATI ON � AN D AN EVAPOTPAN 5 PPRATIO- N MT) W BATHE R BASED CONT RoL 5Y5-r� H W�L L SE iNCDFZPO RATED 5N TO THE SYST EM OE 31CZh1 Architecture. Design. Relationships. •117 t Jot. r1=1 2.,DBE)-239 00 , .DSRT S PALM DESERT, CA L F FRTWAVE VFNTURES, LL ::. I• � I /v�o 'Y ow ,0*0 • Joe ti 1 HOTEL &PARKING 0"'\ GARAGE a CLIMATE ZONES FACTOR T H IS PRWLC f 1!5 LLXA I LU I N • 4' U CQ LS• RbGI ON •6• LCM DESER T' H { H16H WATEP NEEDS FM MO DERATE WATER ME F DS L IJOW WATER. NIEEDS VL * VERY LOW WATER NEMS SLJ NSET -ZONE 15 ILI 51)A HARIDWE-S5 ZON C: 9 III �, -AL E 1* -:' LANDSCAPE ShrubPlanfing Plan i ■ f MA TER HRUB LEGEND $ymM CL 80TANir-AL1r AME 51ZE WVCQLS MATURE COM M C~M NAM E s1z 9 0 ROU NDCOVERS ACACIA REE�OLEN5'D ESEPT-CARP ET' L 10-,21d,H .DESERT 'ARFET 10-17 CH-AYSACTINIAMEXICANA 5 GAL L IB-.24-+4 DAMoANrJ A 1 E"-24''v LANTA14A CA MARA'N EW -00 LV 2-5' I -I NL W �f)L� LAN+ ANA 5 GAL M 3-6, w uprOJ}E SFP_ GAL M 13-TW w T''JR.FL?LY 1z yw 0ENOT HER y�jHE�IRL�A}NailERI ��� OH •:~.rTIf7L?��lJR!*�1'C7�'J SL��G V ER8�E�41rM,A4 S OAL M Ay HJ MEDIUM SHRUBS SACC RAP IS X 7H OM PSO N' 15 GAL L : -3' H BACCHARIS 6' W CISTUS PU RPU R EU S + AjL M ' ++ I� OPCHODR SE 4' Vv LEUCOPHYLILUM CANDIDUM 5C L-M +1 :.-'.r- S11' ire LEUCOP-HYLLUM ZYG0P-HYLLUM'I'CIMAR1RON' 5( *L L=M 1-4 &L 3• w RO S M ARI NUS OFFIC I NALIS GAL hr 2-d H ROSFMARY 3-4 W !sALYIA 9 REGG1 '51 ERRA L1 N-DK M 2-3 H �� SALVIA ��, L Z-31 w TRACHELOSPEISMUM JASMIINCfi#ES 5GAE m Mi STAR j 5f4?NF 3.6w LARGE SH ICU ES 80LJGAINVIEL SPF. Z0-40• H $CUCLAP V14� iFA OAS L-r 20-31'vy CAtSALPI N M PJ LCHERRIMA 5 G iL NI 54H Rf.D81RD -Of PARADISE S-8. vv COCCULUS LAURIF01JUS GAE M 5• H LAU-PtL LLrA r S;NA#L EEtD 5 w DALEAFRUTE*SvC€N$ SIERRA N€GPK 5 G hL M 3-5' 11 $DICK LAL�4 5-.b1,v DISTICTLI S R IRIVEAS, 5 GAL 25' H ROYAL TR4 )NPET ONE 25, dw DO DONAEA V1 SCOSA 4+;A� h+M 10-1z H HOP 6LJS�a 8-70' w LEUODPIHYLLUM FRUTESCENS 4-8' H Ti5XAS RAP-.' 1-- 1':`� Or�L �-, u 1 411-8• LELIGORIHYLLUM LA-IG MANrAE 'R10 0RAVQ' SAL L I 1-5, w OTO IMAVO SA�� 4-! w i.ONICERAJAPONICA'4ALLIANA: 5GAL M 15' H KALLS I'- OMEYSUC�t.� 15• w ACCENTS AGAVE DESERT a r� 5 -a � 18- I' H DF13ERT.A&W.F I B-24' 'V AGAVE GEMJNMFLORA 15 GAL L-Vi 314 WJ11 FLOWER AGAVZ 3-4' W AGAVE PARRY) 15 GAL h� PAR$irV5AGAV z� ALOE 1 ARBADENSIS 3-4' H ALOE VERA 15 GILL` L 3' Vw A LiD E VA P I EGATA 15 GAL � 12' H Pry RTRIN&G. &REASTALCZ- IOi VIA OER EU 5 H I LOMANNIANUS L ID- I5' H MI O.kIANN'S CF RFU S 15 C+I�k� 8-101 UASVUR ION LONG155I H A 15 SAL L 1 D H M.FXICAII GPA$5 TREE ;91 w 0A5YLIR I DN WH EELE RI 0E5EPr-SP0;--W 15 -GAL 0I.S' 14 S-'• w FOUQUIERIA $PLENDENT- 15 GAL L 6-30• a r -D-CO TOLD 15' w HESPERALOE PARVI FLOR4 15 GILL L Z-3- H REDYOCCA 3-4- w P cHYCm-REus MARrv1 MATU E 75 11-15 H #r EXICAN FENCE POST -SAII- 6-10' STIPA TEN UI SSa KA 15 GJkL L 2-1 H MFXfC 4N FFAi H.FP 6RAA S -3 w YUCCA ELATA 1S {,AL L H 5 P-T RC 'r'LJCCA YUCCAy��{{��0 L�Oi RJIi'�r*SA 15 GAL L 1� a7PAN05N C.FF'I.3S.. rE `Fy�I' YUCCA WH MPLEII 15 GAL 1 �3y {H�� PLANTING DESIGN NOTES 1'HESELECIION OF PLANT MIATE-VflAL 15 RASED ON CULTURAL, A, :StHETIC, AN[) MAIN iENANCE CONSIC'ERATIONS. ALL PLAN 1TNG AREAS SHALL HE PRI`PARE D VVI tH APPI P R(ATE ZOIL Are END M ENIM FrRTi1UZCR5,AND APPROPRIATE SUPPLRMEN i S EASED UPGN A5OIL5 RP-PORTi room ANA-0RICUL1rLIM SLJITAMUTY SOIL SAMI}Lr-- TAKEN F MT4E SITE GgGUND 0 EPG OR E APK MOOCH SHALL FILL IN RE rVV EEN THE SH RU RS TO SHI ELID TH E SOI L F ROM 'rHE 5U N. EVAPOTR ANS PORATI ON AND RUN -OF F ALL TH E FLOWER AN b SHRLI R $ED5 SHALL BE M ULC'HE D TO A �r DEPTH TO HELP CO NSERV I- WATER L00 P I THE SOfLTEMIPEPori JRE AND KbUCEWERDi�ROWTH. THE SHRUNS SHALL BE ALLOWTO GROW IN .rH E'P NATJJRAL FOR MS ALL LAN D5C-APE I MP E MI=MI tS SIi ALL FO LLOW T H I- CI TV OF PALM D F St N T _L't'ES IRRIGATION DE [ 14 N TE THE IFARIOATION 5V5TEM WILL 8E A FLf! -•; Av- - MATC kJ NE),RGROUND CRiPSYSTEM. 13ACKFL PRE VEN TION OEV ES WILL $E INSTA LL aD TID MCET ALL LOC'A L ANO C ITY APPLICABLE -COD E5, rH E 1RF11GAT10N 5Y5TE M11 VEIL L UE DL;I C.NE 0 AND CGNSTRUCTED TO MEU AN D OR EXCEE D MODEL WATER EFFI C ICNT LjkNE'SCAPL GRCINAf4C.E'51MWEI,-01 WATER CONSERVATION PRODUCTS THIGH EFFiQ'1 FCY j Lbw P RECI PITATI ON) AN 0 AN EVAPOTPAN 5 PPRA11ION q ET) W EATHE R EASED CANT ROL 5Y5T� MM WILL EE iNCO IPO PAT E D 4N TO T I-E 5161 EM DE SIC N f OL Architecture. Design. Relationships. 1... r1. 2.Glonziq d*001( �MaIke, ms t" A r MIN MPI ME va w IM aid ' mim Ak 4 OIL, ti --N I N 're ■ DSRTSURF ■ PALM DESERT, CA DESERT WAVE VENTURES, LL ■ 4 CLIMATE ZONES FACTOR TH IS P R JF-�, ; 1 � CATGI? : N 'I w0 LS I-CrYI SER-P. H- 41GH WATER NEEDS M- MODER.ATE WATER NEEDS L = LOW WATER NEEDS VL-VIFRY LCW WATER NEEDS SUNSET ZONE 15 USDA HARLANFt55ZONE: 4 7 �' AL E F _ 7 Q LANDSCAPE ■ Shrub PkantlnPlan f i i a MASTER SHRUB LEGEND $ FEE OL BOTANICALNAME I E 1j MATLIRE: CiDM M ON NAME SIZE GROUNI)COVERS AGACIAREDDLENS'DESERTCARRET' 5G,�L L 113-2�'H DESEPTCARPET 10-17 CHAYSACT I N;A ME X1 CA NA 5GAL L 18.24 - H hINANf A 1 f!-24+ W LANTA14A CAMARA'NEW COL#' 5GAL m I~I A+L 4V C�()Li!� LAN FANA 3-6, wlr upli:)DE SPp_ SAL M 12-TW mPF LILY 12' vv 0 E NOT HF-RA!BERLANa1ERE SaAL 1 #' H �HIHOJ.�HtaNP�4°NROIr P 4'tip' V ER8EN A � m d' H VEF26E A 4' 1w MEDIUM SHRUBS SACCHARISD[ TROMP H' 15 GAL L 2-i' 4 RACCt fARIS 6,1v OI5=5PURPUPEUS ' ' -AI m +4 CHOD K POSE 4' W LEUCOPHYLLUM CANDIBUM 5r,,Aj- L-M �, -t LEUCOP-HYLLUM ZYGOPHYLLUM'GIMARR0N' 5-0.+L i_ + 8L4JF RANGED 3' %N RO &MARI NUS OFFIG I NALIS 5GAL NI 2-A H RC�'� FARY 3--1 w SALVIA 9 REGG9 '5I ERRA M NOA' 2-�' H R� SALVIA �3A L 2-3' w TRAC H ELI CAM U H JA SMI NOdOES 5GAL m 3-& H .TARJA.SfI-2I rF 3 S''■+s+ LARGESHFLU HS ROUCPAINVILLEASE13F. - - - 2O'H �-A2.0-3fr r�Ccr l figVIL f FA G L-M w CA ESALRI N L4 PSI LCHCRRINA 5 GAS M 54 F R.F0 . )F FARA.I E-8. vv COCCULUS L,4URIFOLIUS GAL f� 5' H LAUREL LEAFI!WAIL SEtD 5 w DALEA FRUT M ENS -SIERRA N EGRA1 5GAL M 311-5 1 I kLACK DAL.A 5--1 IDISTICTU S X "RIVERS' S GAL M 25- m POYAL TPU14PL7 ONE 25' w DO DO NAEA VISCOS A .5GAL m 10- Iz H LEUCOPHYLLUMI FRUTESGENS $GA�-u 7r j 1 4-0'�H�j TEXAS PA Y GEJ'[ 4-4a, Y7 LEUCOPHYLLUM LANG MANIAE 'RIO BRAVO' 5C3�L L-MI 41-•5' m III BRAVO 5A(rE 4-$' VV I-ONICERAJAPONICA'.14ALLlAN k' 5GAL M 15, H HALLS HONEY,5UCkLII6- 15' yr ACCENTS AGAVE DES CRTI L Its- 1- H DFSERT.AC�'lF 15 � %,k- 1$-24' W AGAVE GEMINIFLORA � 1 ,AIL L' 314 TVI FL4�QEAAGAVC 3-' W Ar.AVE PARRYI 15 G IL MI 2' 4 PA PPTSAGAVE 2,)N 4LOE BAR ADENSIS 15 GAL L 3-4' H ALOE 1 ERA 3-d W ALOEVAPIEGA7A 15 GAL 12'H ?A RTRjND GE CfPC- lSTA LC.0 10- w OER EU S H I LD MIANNIANU I0-15' H OJSYLIRION LONG ISSFMA 15 i 1a' H Ck 1f UR 40N WH EELS RI �FS�i�S�OON 15 GAt L 4.5' H FOUQUIERIASPLEHDEN5 15 GAL L 6-30, it F�c��rt� 15' vy 14FS-PERALOE PAIN FLORA 1 GAL L 2-51 H RED YUC W PACHYCI4REU$ MAR01 NATU S 15 -1 I1- I5' H MEX1'CAN FENCE POST 6-10' till{ SST{, IR/A{TEJ�N� UI SSIKA 15 GAL L 2-1�y jy ��,••��{[+ t4. XfC-' N EFATHFIR 6J-rAcZ5 5H�� ?-_.T T7 YUCCA ELATA i �, L L 2U' H Si P-TRCF- Yu 8-1- YUCCA GLORIOSA 15 GAL L 12' H YU CAWH 1.PP LEI 15 GAL 3 1 H PLANTING;LANTING DESIGN! NOTES THE SEL�ClION OF PLANT NFL. ° = �?1AL I'S RASI=D ON CULTURAL, AE5tHEtlC, AN[) MAINTENANCE CONS11DEIRAY IONS. ALL FLAN TrNG ARIEAS SHALL BE PREPARE D V+I T H AFPROP MATE SC9L AM END M ENTS. Pr"LIZERS,AND APPROPRIATF SuRPLEMENITS EASErj UPONASOILS REPORT r-POM ANAGR1CULtUPAL SUITARILaTY SOrL SAMELF TAKEN FRIOM Ti-IE SITE GqCUND COVERS OR EAPK MULCH SHALL FILL IN RE T EEN T HE 5I-1 RU BS Tip !;Hl EL[) TH E Sol L E HOM THE 5U PI EVAPOTF�AN5 PORATI ON AND RUN -OP F ALL TH rm FLOWER AN ID SHRU R i�LE)S SHALL RE M LILCHE D i 0 A r DEPTH TO HELF, CO NSRPV rm WAT R LCw E+ t TH E Sol L TEM PEPATU RE AN() RRD UCE WEED G RO TH. TH E SH RAJ H5 SHALL BE ALLOWTo G NOW I N THEM NATURAL FOR NIS ALL L4NI)SCAPE IMIKh)VFMIEN rSSfiALL FOLL tHECITY OP PALM bESERT IRRIGATION DESIGN MOTES TH E I FAR IGA,TION $YSTIrM 1+ iLL Q E A F LILLY Av - - MIA" :-' Q N[DERGROU N D D RIP SYSTEM. Bki K FIQW PREVENTION DE+ICEI WILL RE IMSTALL ED TO MEET ALL LOCAL AND C: ITY APPL ICA1 LE COD ES, N E IRRI ITION 5Y$TE M} W14L UE DE$1 GNE D AND GON$TRUQTED TO MEFT AN D OR EX -EE D MODEL WATER EE:FFI G IIEr NT 4AN D'S ,PE: OR"NANCES {MFVti .EUl )j WATF-R G SE RV ATION PRODUCT$ { HIQH EFFIQI Er4EY I LOW P 017ATION) AN D AN EVAP-OT AN 5 PII TI�rN (LT) WEATHE R 8ASED CON? ROL 5Y5TE MI WILL RE INCORPO RATEID IN TO THE SY'ST EM DE SIGN Architecture. Design. 119 Relationships. * Jot- me i-�34 1 � r :. )r ik STANE D F t 1 � •L i i - 0 - 0 a 0 me � � M � i .DSRT SURF PALM DESERT, CA r DESERT AIL VENTURES, LL i CLIMATE ZONES FACTOR THIS P�0JECT PS LOCA E E� I N 'NUCQ LS' FEE GI ON '6• LCi DESIEI T' H 141-GH .ATEFk NEEDS FM = MO DERATE WATtR NEE DS L = LOW WATER NEEDS VL-VERYLOW WATER NEEb'S SUNSET -ZONE 15 U 5DA HAR0114ESS ION Er: 4 ',,-A4E LANDSCAPE Shrub Pkantlng Plan f i i f a MASTER SHRUB LEGEND BOTANICALIVAME SIZE WVCO LS MATU€ E: COMMON NAME SIZE GROUNDCOVERS ACACIA R EDDLEN 5 'D1=S ERT CA RPEI- G � L 113 -72I' N Jn D SRT CARFIET 10-1z w CH AYSACT I N K HE XI CA NA 5GAL L I8.24-1-11 DAi rOANf; A 1 f!-!24+ w LANTA14A CAMARA'NEW-GO L.C' 2-5' H 4V=WCV.)Li!� LANrAN 4 5GAL M �-6' w LIP10PE 5Pp_ SAL M 12LW N pUPF LILY 12' W 0ENOT H0 A DERLANDJEAI aAi L OH CH?HVAH NP�?lr4-Sr 4' w %f 0812NA 5 CAL MI Ir H 1�J=f�SENA A' w MEDIUM S14R UBS SACC WAR IS X{ 1`140M P H' 15 CAS L 3-r H RACCf �.APYS 6,1v E 15TUS PU RPUa EUS M 3' +1 --JPCHOD K S- 4' LEUCOPH Y LLU M C ARE) I DUM 5 QAL L,-M � -a-1 .7++i0 F M7 LEUCCP-HTLLUM ZYGOPHYLLUM'GIMARIA 0W 5 �,� i �-M '3' �* .YLJJE RANGER _ 3' W RO &MARI NIBS CFFIC I NALIS 5 GAL m 2-A H O?C) }Fj%?ARY 3-4 W SALVIA 9 RECCI '51 ERRA LII MOO S G, L M 2-3' H P SALMI 2-31 w TRAC H ELOSP ER H U M JASMI 14104EEES 3-.b' H 7TAR )A�f-2h"IF b GAL M 3'-b' w LARGE SHILUBS R0110PAINVILLEAS113P. -40' H f GU LffgV1U CA GAL L_M CAOAL1PI N L4 PU LCHERRIMA G, ' 5-� H RF.D.GIRD -OF PARA.Q;ISE 54' vv COCCULUS LAURIF LIUS 5CAL M 6-25. H LAUREL LEAF SNAIL SEtD 8-F5'w DALEA FRUT M ENS 'SIERRA NEGRk 5GAL M 3�5' 111 kLA-CKDAL.A C-dw IDISTICTUS X rRIVERS' � SAL M 25_ m ROYAL TRUMPET VK 25' 1N DODCNAEA V15COSA r 10-I2 H Hp4�.� I-1u'var LEUCOPHYLLUM FRUTESCENS r 4-12 - LEUCCP#iYLLVI'+'1 LANG h' ANIAE 'RIO 6RAVO' 5+3AJ- L Pl�--: c,f I O SAGE 4.5'W Lv Nic t PA jA PC N icA ' HALLaANN 5 CAL M 15, FI 1'�ALLS r fC4i1fJE3�5�1C�CL� 15-'f ACCENTS AGAve on W11 Its- I- H fjFSFPTACA'fF I �f�� L I $-24' W AG AV E G EM41411F LORA 1S CAL 4 TWIN F.rQWER AGAVt ' w ArGAVE PARRYI 15 GAL MI 2' �+ PA PPY-SAGAL�F 2"W 4LOE BARBADENSIS 15 GAL_ L 3-4' H .SLOE VE€�.A 34 w ALiD E VAR I EGA7A 15 CAL � 13' H PA RTRI &G.0 6REASTALCIE 17 w CEREU5 HILOMANNIANUS 15 L I0-15' H H.�' F'-MANN'SCFPfUS QA E-lti7'W CASYLIRION LONG ISSIHA 1 GAL L 111' H f*.FXfCAN GPA5S TREE ' w CKA5 UR l,DN WH EELS RI J=EPL'! 156L �, 0I.S' 4 S-s FOUQUi ERIA $P LE N DE N5 15 CAL L 6-30' N OPfLtO 15' w HF- BRALOB PAIWI FLORA 15 GAL. L 2-51 H RED YOCCA P CHY-CREUIS MAROI l44TU 5 75 -SA4 � I1-15' H #r EXICAN FEW E POST 6-10' STIPATEf+ UISS-IMA 15IZAL L 2-1' H MFXf CAN FF.ATHFf? 6RA SLS 7-3' w YUCCA ELATA 1S ;AL L L'Q'y H OAP-TRCE f L+- f�A 6-IV -! YUC-CAGLORIOSA 15 GAL. L 72' H SPAN05N O,4GCEP R' w YUOCA WH EPP LEI `S i5 GAL 3-4'H P LOR-D CA NOLE 34 W PLANTING DESIGN! NOTES THE SELPCIION OF PLANT ILIA I =DIAL 15 BASED CAN CULTURAL, AEStHETIC, AN I) MAIN Tr: NANCE CONSIDERATIONS. ALL PLAN rrNG ARFAS SHALL EE PREPARE D VVI T H APPI P R(ATE SOilL Are END M ENTI5, PERTi`IL12ERS,AND APPROPRIATE 5LIPPLEMEN T S EASED UPONASOILS REPOkT FROM.ANAGRICuL7CUPAL SLJITARILITY 501 SAMIPLP- TOLKtEN FRIOM T4E SITE GRCUND COVERS OFT E APK MULCH SHALL FILL IN SE rW LEN r HE 5H ICU RS to 541 ELD TH E Sol L E HOM THE 5U N. EVAPCTkANS P0I1ATI ON AND RUN-09 F ALL TH E FLOWER AN D SHRIJ R SHALL nE M ULCHE D Ti C) A �` DEPTH TO HCi-P CO N5RRV E WATER LOW EFC THE SOfLTEMPEPATUPIE AND K 0 UCE: WEE D -0 ROWTH. THrz SHRLrBS SHAM BEALLO WE0 to G RCW I TH EtR NAVIRAL FOR MS ALL LAN DSCAPE I MPROVE MEN r5 Ski ALL FO LLOW tH E CITY OF PALM D E SE ITT �! IrDEL=DES IRRIGATION DESIGN NOTES THEIFARIC,A,TION $Y$TEMWiLL8EAFALLYAlu-.- MA7 :-' QNE)EIRGROUNDDRIP SYSTEM. `;KFLOW PREVENTION DEV ICES WILL il�E INSTALL EO TO MEET ALL LOCAL ANO C ITY APPLICABLE COD ES, rH E IRRI ,TION SYSTE M} W14L BE DE51 QNE D AND CONSTRUCTED TO M1:ET AN D OR EXCEED MODEL WATER I=FFI C IIErNT 4AND'SCAPF OR"NANCL� {M WEUr )) WAT F R CONSERVATION PRODUCT$ j HIQH EFTIQNCY I LOW P RECI 017ATI ON � AN D AN EVAP-OTVAM 5 PII TIO- N (ET) WJw ATHE R EASED G:ONT ROL SYSTE M VVPLL RE INQORPO RATED 5N TO THE SYST Ef'-'I DE 31iZN Architecture. Design. Relationships. low 6.0 00 0 All i~ lb akL.. LAG 0 MEP % ' lkkb6 .DSRT S PALM DESERT, CA DESFRT WAVE VFNTURES, LL 51 -AL E 7* - -:' LANDSCAPE ShrubPlanfing Plan i ■ f DER SHM8 LEGEND BOTANIcALISIAME SIZE WVCQLS MATURE COMMON NAME SIz9 GROU IDCOVER-S ACACIAREQOI_EN5'VE5ERTCARIP ET' 5GAE L .DESERT ARRET 10-17 CH-AYSACT I N 1A KEXICANA 5GAL L M-.24-H DAMo NrJ A 1 E"-24''v LANTA14A CAMARA'NEW-00LV 2-5' I -I Nr= VV�f)L� LAN�ANA M 3-6, w uRrOPE SPP_ GAL M 13-TW m T''JR.FL?LY 13' vy 0ENOT HER BE�RLA}NailER1 OH V ER8EVERB��41rM,A4 A� m B �H�J MEDIUM SHRUBS SACCRAP I5X 7HCMMPSON' 15CAL L 3-3" M BACCHARIS 61 OISTLIS PU RPU R EU S + jL M ' ++ OPCHODR CK SE 4' Vv LEUCOPHYLILUM CANDIDUM 5C L,-M 4-1 ;..'. .r S1' ire LEUCOP-HYLLUM ZYG0PHYLLUM'CIMARIRON' 5( *L L-M 1 _4 &L rAl'',SEr 3• W RO S M ARI NUS OFFIC I HALIS GAL F 2-d H ROS.FMARY 3-4 tiV !sALYIA 9 REGG1 '5I ERRA L1 N-DK M 2-3 H R� SALVIA SAL c-3' W TRAC H ELOSP GA M U M JASMII NOdOES 5 SAE m 3-b' H STAR j a,5f4?NF 3 'i + LARGE SH ICU ES 80 U0jUNv1L.L,EA S PP- $0-40• H jgCU �AfjgVj4 � iFA BOAC -M 20-31y vy CAtSALPI M 164 PLI LCHCRRIMiA � NI 54H Rf.D BIRD -Of PARA,_r;1SE 5-9' vv COCCULUS LAURIF01JUS GAL M 5• H LAi�kEL L�LPS;NA#L EEtD w DALEAFRUTESvCEN$'SIERRA N€GPK 5 SAL M 3-5' 111 $DICK LAL�4 5-d w DISTICTLI S R IRIVEAS' 5 GAL F'y 25' H ROYAL TRUMPET ONE 25, W DO DONAEA VISCOSA 10-1Z H LEL1100PIOLLUM FRUTESCENS 4-8• H Ti5XASRAA.',-t �: 5O�4L - 41-8, W L}}yyErr,,��UCOPH Y LLU M LAKO MA N IA1= ' R rO 6 RAVQ' SAL L 1 �••5• w PfO 4?PAV0 SAGE 4`! `n, LONICERA JAPC MICA ' HALLiA N A• 5 GAL MI 15' M KALLS HOl1rfYSUCkb& 15. vv ACCEIITS AGAVE DESERT 1 15 -!�jAk- L 18-7A` H DF13ERT.A&V F IB-24.'V AGAVE GEMJNMFLORA 15 GAL L=Ii 314 I FJrOWER AGAVZ 3-4' W AGAVE PARRY) 15 GAL mzvy �• �4 PAR$irV5AGAV ALOE SAREIIIADENSIS 3-4' H ,SLOE VE•RA 15 CAL L 3_1 W A LO E VAR I E A7A 15 SAL � 12' H Pry RTRIN&Gf Cr�EA STA LCrJ` IOi VIA OER EU 5 H I LOMAI±'+INIANUS L ID-15' H MI O.kIANN'S CF REUS 15 C+Ak� 8-101 C�A VIJIA ION LONG155I N A 15 �A� L 1 D H M.FXICAN GRA$5 TREE ;91 W 0A5YLIR I,DN WH EELE RI DE5EPr_SPC;- �j 15 �L pI.S' 14 S-'• W FOUQUIERIA $PLENDEK5 15 CAL_ L 3C a r 1) 15' W EHESPERALOR PARVIFLOR4 15 GAL L Z-3- H REDYOC - W PAcWcr EUS mAR01 NATU E 75 .5AII_ 11-15 H #r EXICAN FENCE POST 6-70• W STIPA TEN UI SSa KA 15 �JkL L 2-1 H MFXtC4 N FFATH. R 1 RA �S ?-3• w YUCCA ELATA 15 {,AL L H � r-TRCE'r'L-C 8-1.'- YUCCA C LORIOSA 15 GAL L 1Z H SPAN05H CA•3OEp S' W YUCCA WH MPLEI 15 CAL 1 3-4' H CIF UORD .S CANOLE 34 PLANTING DESIGN NOTES THLSELPCTION OF PLANT MAT�_VfIAL 1515WID ON CULTURAL, A, :StHETIC, AN I) MAIN iENANCE CONSIDERATIONS. ALL PLAN 1TNGAREAS SHALL HE PRIEPAREDVVI tH APPROP R(ATE SOIL AreEND MENT$, PE"UZIERS,AND APPROPRIATE SUPPLEMEN i S RASED UPON A5OIL5 RP-PORTi room ANA-ORICUL1rLIM SUITAMUTY SOIL SAMIPLr-- TAKEN F MT4E SITE GRC1JND 0 EPG OR E APK MULCH SHALL FILL IN RIE 1-VV EEN THE SH RU RS TO SHI ELID TH E SOI L F ROM 'rHE 5U N. EVAPOTR ANS PORATI ON AND RUN -OF F ALL TH E FLOWER AN b SHRLI R $ED5 SHALL RE M ULC'HE I) TO A �r DEPTH TO HELP CO NSERV I- WATRR I-c" P I THE SiDrLTWPEP i 0RE AND KbUCEWEEDi�ROWTH. THE SHRUR5 SHALES BE ALLOWYG 6Row 1.14 TH MR NATURAL FOR MS ALL LANDSCAPE I MPI'ZOVIEMIENtSSliALL FOLLOW THI-aTY OF PALM DFStRT Q UIDELINEs. SWRIGATION DESIGN NOTES- TH E I RR 0ATION 5V5TEM WiLL 8E A FLf! -•; Av- - MATC kJ NE)RGROUND QRiP5YSTEIEM. 13ACKF1, PRE VEN TION OEV 1ti E WtLL $E INSTA LL aD TID MCET ALL LOC•A L ANO C ITY APPLICABLE COD E5, rH E IRRIGATION 5Y5TE MM VEIL L RE DF,;I C.NE 0 AND CGNSTRUCTED TO MEU AN D OR EXCEE D MODEL WATER E:FFI C IIErNT LjkND'SCAPE: QRCINAf4C.E'51MWEI,.O1 WATER CONSERVATION PRODUCT5 I HIQH EFFiQ'1 FCY j LOW F RECI P17ATI CAN) AN 0 AN EVAP C}TVAN 5 E PRA11I `rN 1 ET) W EATHE R EASED ANT ROL 5Y5T� MM WILL EE IIKIC< FRPO PAT E D IN TO T I-E -if 3] EM DE SIC N ■ f Architecture. Design. 121 Relationships. - - I M AT H L E 41 49 0. r . I IM f• A LAGOON ,'` do ah ■DSRT S PALM DESERT, CA DESERT WAVE VFNTUR ES, LL Abe I** all 4 Ilk 4P 0 No CLIMATE ZONES FACTOO "1:Sv;1LCUF_Ct IS LQCATF_D rN •VVU (:0LS REGION 26• LOW UFSE Rfi• H - HIGH WATER N r.EDS M -MODE RATE WATER N6EDS L- LOWVYATER NEEDS VL-'VERY LOW WArRR NEEDS 5t1 NSIE F -ZONE. 15 USLIA HARE) I NESS ZONE: 1� �, _A4 F� +' - - LANDSCAPE Shrub Planting Plan MASTER SHRUB LEGEND SYMBOL BOTANICALNAME SIZE WVCOL$ MATURE COMMON NAME SIZE G RO U N D COVER-S ACACIAREVOLENS'DE5ERTCARIP ET' 5GA!L -DESERTCARFEF 10-17 W CH-AYSACTIHIAHEX1CANA 5GAL L M-.24-H fAP40ANri-A I E"y24''ev LANTA14A CAMARA'NEW COL#' 2-5' I~I 4VJ=VV�()L� tAI rANA IL MJ 3-6• w uArOPESPp_ G IL M 13-TW w T''JR.FL?LY 13' vy 0[EJJNOT HERJA A+ F I W H jBE�Iy}��L�ANaJERI '':H0-d,��Jlr•�'LjANP�IIr4R&D5.F 4, v, V LRHENIA $-CAL I11 Jx• H VERSJD' A 4' w MEDIUM SHRUBS CACCKAPISX THOMPSON' 1 � aACC APfs 6,Yw CI5TUS PURPUREU5 _5Q� m +4 LEUCOPHYLILUM CANDIDUM 5C L-MI +4 LEUCOP-HYLLUM ZYGOPHYLLUM'GIMARIWON 5 �� +L L�N �•_+ 2LUE�ANGE RDSMARIHUS OFF110NAL15 2-d H ROVMARY 5GAL M 3-4 W SALVIA 13 REGGI '51 ERRA LI ND.K S+�At M z S H RM�] SAkVIA Z-3-W TRAC N ELOSP ER M V M JA SMI NOIRES 3-6' H aTAR)ASN4,14F �C{iL M fw LARGE SN RUES BO UGAI NWLLEA S PP. Z0-40• H j9GU LAf1VVJJ i CA�G� L_M 20-W Y CACSALPI MIA PSI LCHERRIMA � � 54H R.FC J31RD OFFARA.�;ISE E-8, V4r COCCULUS LAURIr-OLIUS Ga4L M 6 25• H LAUPa J_LJ' SNAIL SE�J� 5 w DALEA FRUT ESvC ENS 'SIEARA NEGIM 5 IL M 3-5' 1 M $J_ACK DAL�4 5-ti, ■'4+ DISTICTUS X DRIVERS, -25- H ROYAL TRUMPE7 VKE 25' w DO DOMAEA VISCOSA � O� � 10-1z H H 6LISH 8_1 ' Vw LEUCOPHYLLUM FRUTESCENS _ Jr•-3' H Ti5XASR,AA',% �: r : _ �_ - 4�8'W LEUCOP :HYLLUM LANGMAN1AE 'R10 19RAVQ' � :y }}yy LONICERAJAPONI �l-ALLIMR 5GAL M 15'1-1 }i�lf�S.ff4i1fJt3f5�1C�CtJ` 15• vv ACCENTS AGAVE DES ERTI ,y `� -�rl� 18- I' H DFSF1 TA&4'fF I B-24''V AGAVE CET' 4N1FIJDRA 15 GAL L-vi 314 TWIN FLOWER AOAVJ! 3-4' W AGAVE PARRYI 15 SAL Mt �' f+ PA F PTSA-GAI�F 2V ALOE BARBADENSIS 3-4, H ALOE 1 ERA 15 GAL � 3-d W ALiDEVARIE A7A 15 GAL L 13'H PA RTRjN&GJ= CRUASTAL CE IDr w CER EU S H I LOMANNIANUS L MD- I5, H MI f3,'�' ANN S CF I OUS 15 ��IL 8-1111, H A D�AS5�1f+�URy1�0�J+1} L 15 •SAL, L 1o11, {Q�[NC155I IT .FX LAr7 GPA,51 THE 3 MY C05YLIR I DN WH EELE RI OE 5 TSPOON 15 SAIL L 41.5 H FOUQViERIASPLENDI<N5 15 GAL L r3C' f DCO?OLLO 15' W 1HE"ERAyLOR PAR IFILOR 15 SAL �XT H RED YUC _ w P CHYC,IEREUS MARDI NATO S 75 11-1 S' H #r EXICAN FENCE POST -SAII_ 6-70• w STIPA TENUI SSa 1KA 15 CAL_ L 2-1 H i'�'JFXf C 4 N FF.ATH. 9 CRA 5LS -3 w YUCCA ELATA 15 SAL. L H CAP-TRCE'r'L -CCA 8-1.0 YUCCA 0LORIO A 15 GAL L 1Z H SPANGN r�,4OOEP 19' vy YUCCAWH IPPpLErI i5 GAL 4 DLE �3y- {H�� FJK�'�� PLANTING DESIGN NOTES THLSELrC1ION OF PLANT M1AT�_RlAL 15 RASED ON CULTURAL, A.EStHETIC, AN MAIN 7ENikNCE CON51C'ERATIONS. ALL PLAN TfNG AREAS SHALL 15E PREPARE D VVI TH APPROP RIATE SOIL Am END M EINT$, iFR"LJZERS,AND APPPOPRIATF 5AJPPLEMEN-15 EASED UPONA50145 RP-PORTi FRONT ANAGRICULfiLIM 5LJ ITAMLITY SOIL SAM IDLE TAIGFN FP'OM T4E SITE 5401J N D C ERS OR Bd PK M OUCH SHALL FI LL IN RIE rVV EEN T HE 5H HU 13S To 5kr1 ELD TH E S01 L F ROM THE 5U N. EVAPOTF�AN5 POkATI ON AND RUN -OF F ALL TH E FLOWER AN D SHPU R REDS SHALL RE M ULC'HE D T O A �` DEPTH TO HELF' CO N5RRV R WATE R LOw PR TH E 501 L TLH PEP T U RE AND K10 UCEWERID i� ROWT- 1. TH E SH R1JR5 SHAD BE ALI`OW1i TO C NOW 1.14 •rH EIR NATJJRAL FOR MS ALL LAN USCIAPE I MPF E MIEN t5 Sti ALL FO LLOW T H E CI TV OF 1IALM1 b E 5E N T •� UI�� L1�i��. - -- IRRIGATION DESIGN MOTES THEIFARiGATION$w5TEMWtr,8EAFLPL_• Au-:MA7 :; QNV�RGROUNUDRiP5YSTEM1. UA�:KFLOW PRVENTION DE� 1-ES WILL iRE iNlStALL ED TO MEET ALL LOCA L ANO C ITY APPLICABLE COD E5, 1;`H F IRFII TION $Y$TE Mt W14L RE DE$I CNE D AND -QON$TFtUCTED TO MEU AN D OR EXCEE D MODEL WATER EFFICIIErNT4ANEDSCAPE: ORONAf4C 5 {M W.E,_Gj WAIT: RCONSERVATION PRODUCTS IHIQH EFFI+I1r14C:Y j LOW P RECI P17ATI ON) AN U AN EVAPOT1t AN 5 P11 IlON (ET) W EA7HE R EASED -'ON? ROL SYSTt MI WILL EE INCORPO RAT E D IN TO THE SYST EM ESE SIGN Architecture. Design. Relationships. 122 � �crti Jot. rim- 2(370-239 +rIJJr •I E I f Iv* MATCHLINE 3_ 1 �1 I it VILLAS .DSRT S PALM DESERT, CA DESERT WAVE VFNTUR ES, LL lT HLIN E Lj�� CLIMATE Z014 ES FACTOR T H 1S E ROJECT PS LL?CA r E1) I N: WLJ CO LS' RbGI ON -6- LOB DESERT- EI { 141( FH 4 kTEk NEEDS M = MO DERATE: WATErR NEEDS L = LOW WATER NEEDS 1 VL y Vr=ICY LOW WATER NECIS SLJ NSET -ZONE 15 U 51)A HARIDINESS ZON C: 4 71 r1 �i I L K Nzp Ij ��- �1• Ilti i L LANDSCAPE Shrub Planting Plan AWER SHRUB LIEED BOTANICALNAME SIZE WVCQLS MATURE COM L`' ON NAME 51z 9 GROUNDCOVERS ACACIAREVOLENS'GE5ERTCARIP E7' G,4L L -DESERT FEE 10-17 w CH-AYSACTINIAHEX1CANA 5GAL L IB-24-H fAP40ANri-A I E"y24''ly LANTA14A CAMARA'NEW COL#' 2-5' I -I 4V� W �()L�i tArANA +�L M 3.6' w uArOPESPp_ G�4L M 13-TW w T''JRFLrLY 13' yw 0[EJJNOT HERJA �+ I 6' H jBE�Iy}�,L�AND1ERI '':H0-dU.�r'I'L jAN PRj'r!RL'2S.F 4' vy YLRHENIA $-CAL r11 A''H VERSENA 4' 1rw MEDIUM SH FrU B5 E CN,t P15A TH0MP$0N' 15 � aACC APfs 6,vv CI5TUS PURPUREU5 5QAt m +4 LEUCOPHYLILUM CANDIDUM 5C L-MI +4 LEUCCP-HYLLUM ZYGOPHYLLUM'GIMARIION' S I� +L L�N �'_+ 2LUEJz?A 'GEP RDSMARINUS OFF10NAL15 2-d H RO5�1+?ARY SGAL M 3-4 W SALVIA 9 REGGI '51 ERRA LI ND.K S SAE M z S H RM�] SAkVIA c-3` TRAC N ELOSP ER M LI M JA SMI NOIDE$ 3-6' H STAR)ASNI,'NF � ¢IL M fw LARGE SN RUES SOUGAINWLLEASPF. - - - ZO-40'H j9GU LAfP4VJJ i CA �G� L_M 20-W Y CACSALR1 MIA PSI LCHERRIMA � 54H R.FC J31RD OFFARA.�;I.SE E-8, vv COCCULUS L4URIFO IUS GAS M 5' H LAUPa J_LJ'S AIL SE. JD 5. DALEA FRUT ESvC ENS 'SIEARA NEGIM 5 a4L M 3-51 1 I $LACK DAL�4 5-ti''L'4+ DISTICTUS X DRIVERS, -25" H ROYAL TRUMPE7 VKE 25' w DO DOMAEA VISCOSA � O� � 10-1z H H 6L SH 8-1 ' Vw LEUCOPHYLLUM FRUTESCENS _ jr-3' H Ti5XASjf?AA11%t �: r : _ �_ - 4�8'W L}}yyEUCDP:HYLLUM LAiYOMAN1AE 'R10 19RAVQ' �i iL k1f C- Br_rA C SAGE - A J VV LONICERAJAPONICA �HIALLMR 5GAL M 15' FI }iAf�S.fi 4i1fJt3�5�1C�CtJ` 15 vv ACCENTS AGAVE DES ERTI r� `�-�I�I1- 18- I' H DF_3FPTA&4'fF I B-24' VV AGAVE CEI 41411FLC«RA 15 GAL L-vi 314 TWIN FLOWER AOAVZ 3-4' W AGAVE PARRYI 15 SAL Mt �' f+ PA I�J7TSA-GAVE 2 W ALOE RARBAIDENSIS 3-4, H ALOE VERA 15 GAL � 3-d W ALiDEVARIE A7A 15 GAL L 13-H PA RTRjN&Gf CRUASTAL CL IDr w CER EU S H I LOMANNIANUS L MD- I5, H MI f3,'�' ANN'S OF I EUS 15 GILL 8-1111, DASYUR ION LONCJSS I H A 15 GAk L 04.FXICAN GPASS TREE9 , w CKA5 L1R DN WHEELER1 OEJ 5EF%TSPOON 15 SAL L 4.5 H 43=h' w FOUQViERIASFLENDIENS 15GAL L r3C' f DCO?OLLO 15' IHE"ERAyLOR PAI IFILOR4 15 GAL �XT H RED YUCCA _ w PACHYC,IEREUSMARD1RATUE 75.5AII_ 11-15 H #r EXICAN FENCE POST 6-10' w STIRA TENUI SS4 MA 15 GAL L 2-1 H i'�'JFXf C 4 N FFATH. 9 CRA SLS -3 w YUCCA ELATjAf 1s-AL L r�� 'CAP-TRCE r Lf-CCA {j�Uj}H��} V-1L' MW YUCCA G LORIO A 15 GAL L 1Z H YUCCA WH IPPpLErI i5 GAL y�L L 0Z CANDLE +3-4 {H �� :34 iY PLANTING DESIGN NOTES THE 5ELSC1ION 05 r-L+Y.NT MIAT�_RlAL 15 RASED CAN CULTURAL, A.:StHETIC, AN MAIN 7FNikNCE CON51C'ERATIONS. ALL PLAN rfNG AREAS SHALL 15E PREPARE D VVI TH APPF P R(ATE SOJL Are END M EINT$, PR"LIZERS,AND APPPOPRIATF 5AJPPLEMENT5 EASED LJPC NAS0145 RF-POF FPom ANAGRICULfiLIM SLJITARILITY SOIL SAMPLC 1iOLKtN F MT4E SITE 5401JND C ERS OR EAPKM0L!CH SHALL FILL IN RE rVV EEN T HE 5H HU 13S To SHI ELI3 TH E S01 L F NOM THE 5U N. EVAPOTF�AN5 POItATI ON AND RUN -OF F ALL TH E FLOWER AN b SHPU R REDS SHALL $E M uLCHE D T 0 A �` [)EPTH TO HELF' CO N5RRV R WATE R LOw PR TH E Sill L TLMI PEP T U RIE AND K10 UCEWERID i� ROWTH. TH E SH RtIWS SHALL BE ALLC W1i TO C NOW IN 'rH EtR NATJJRAL FOR MS ALL LAN DSCIAPE I MPF E MIEN t5 Ski ALL FO LLOW T H E CI TV OF PALM b E SE N T IRRIGATION DESIGN NOTES TH E I RR IION $Y5TEM 4 tr, 8 E A F LPL_' Au - - h' A7 :; Q NUE,RGROU N D U RiP 5YSTIEM. UA�:K FLOW PREVENTION DEV ICES WILL RE iNStALL ED TO MEET ALL LOCA L ANG C ITY APPLICABLE COD ES. rH E MRIGATION $Y$TE H W14L 5E DE$I GNE D AND -QON$TFtUCTED TO MLU AN D OR EXCEE D MODEL WATER LFFICIIErNT4ANEl SCAPE ORONAf4CE'5 {NFW.E,_Gj WAIT: RCONSERVATION RRODUCT5 THIGH EFFI+I1r14C:Y L f P IRECI P17ATI ON) AN D AN EVAPOTIt AN 5 PP1 TION (ET) W LATHE R EASED -'ON? ROL 5Y5T� M WILL GE INCOR+PO RATE D IN TO THE S` ST EM ESE SIGN Architecture. Design. Relationships. •123 t ' Jot. rim Z(32Q-239 cbtm 7021-06 r i - n_ f 7 I� DSRT PALM DESERT, CA r r DESERTS AVF VENTURES, LL CLIMATE ZONES FACTOR tH IS � I;�JECT 1� L1�7C.41 Ei} fr11' y�+U C:� L5REC;I OM 6L�_ • - ...:; r• M * HIGH ATFR I�EE�S M - MO DEF1ATE WAtER NE1 D$ L - LIOW WAT€R NEEDS Vt - Vr= PY LOW WATE R NCED 5 SUNSET 20NI` 15 ILf5rb.A HAR01NE:�5ZONE: 9 SCALE I F! LANDSCAPE f Shrub Plantar Plan - Hotel Level 3 AmenityDeck 4 DER SHRUB LEGEND 5YMBOL EOTA'NICALNAME SIZE WUCOLS MATURE COMM4NI+AME SIZE GROUNDCOVERS ACACIA 14 EDDLEN S'DE5 EPT CAS RIP E T' 5 GAL L 10.24-m DESERTCA J12 T 10-IZ CHAYSACT I H IUL MEWCANA 5 L 'B'2A - 1 M.oA lrTA 1-e-24- w LANTANACAMARA'NEW -GOLV 2-5-11 #5rL VV GOLD LAN. ANA GAL MJ 3-b' w upro-PE SPP_ GA1L M I�-iw I -I TURFLity 12, W GEN07 HERA $ERLAN DJ E R I 6 H Vf RSENA 5 +� F-] 4. w MEDIUM SHRUBS ISA CRAPISX'THOMPSOW 15 GAL L 1-3" H J?Ar-Ci1A.P1S 61-W EISTUS1 URPUREU5 3'r+ Opc'r•i'O J4K PC 7Sr LEUCOPH Y LLU M C AN 01 DU •r L-r l 3' 4F .;AGF 3. W LEUCOP-HYLLUM ZYGOPHYLLUM'CIMARROK' SLUE rA1!.'-3ER 3'w RO SMAR1 MISS OFFIC I MALIS 5 C3AL M •dud H 0?LSFh-JA Y 3-4 W SALVIA G REGGI '51 ERRA LI NDA' 5 '- PW SAi.V� A �a +L Imo' TRAC H ELOSP CA M U M JA SMI NOIDES i_ M 3-6' H xTARj� S+� INF I LARGE SHFLU HS EOLJGAINVIL, SPJP. -Z0-40' H HGLdr Atlgval .EA .5 GAL L-M GACSALPI N Lek PU LCHERRIMA G L �''� �4' H R.F BIRD -OF Jai RA,-r;l5E 5-5• VV COCCULU,S LAURIFoLIUS 5C3AL M 6-2S H L UPtL LLrAF SJ WL SEtD R-7h YV DALEA FRUT ESC ENS 'SIERRANEGRX SGAL M 3�5'14 J?LACK DAL 543V IDISTICTW S ) CRIVERS' SAL F �s H ROYAL TRUMPET VONE 25, W DO DO NAEAk VISCOS A S UAL M IC- Ir H LEUCDPHYLLUM1 FRUTESCENS �G*+ � L 1� 4414 TEXAS i7, NGIER 4-8 MY LE UCOPH Y LLU M LAKO MA N IAE 'R r0 6 RAVO' C3AL L-i+'F A•;b- 4 P, �: URAVO SACrJ7 4.5' V LONIC t RAJA PC iCA'HALIMANA- 5GAIL M 15' H F0.4 HF:NYSUCKLE 15' wi ACCENTS AGAVI; DES ERTi i 15 AL L 1kl-W H .0F9F TAGAV.F I R--24' AGAVE GEMINIFLC«RA 15 %,AL L41 314 W F'Jr04'IfEA AGAVE 3-4 AGAVE PANRYi 15L�AL 2.,+ PA RPY S A4�AVE 2' W ALOE IBARSAIDENSIS 3-4 H ALOE VERA 15 GALL_ L 3-4 w AL!0EVAPJFrmA7A 15 GAL L 12" H PA R7Ri aGE ERJ ABTA=- 17 W GER EH S H I Lafi ANNIANUS L 10- IS' ff .KJ ANN!�CGkF'-': 15GAL 101-1ti 1V) DASYUR ION LONGJSS FM+I A 15 L TG' H, N.FXfC AN GPA$5 TPEE ,3J�L, a, W CL kSYLIR I. N WH EELE RJ DJ= 5EPr SpO�N 1 �L L 5-Jb' w EOUQUil ERIA SP LE N DE NS 15 GAL L &3E' H OCCITOLt 1 15, V+ HIFSPERAWE PARVIFLORA 15 CAL �� H RED YUCCA 3-4- W P cHY-cERKUS MARGI NATu 5 15 -5AII- I1- I P' H P4EXICAN FENCE POST 61-10 b4f STIPATENUIS51KA 15 CAL L 28' H MFXrC-'AN FED; HFR -;3R 1 �S �-3. W YUCCA ELATA 15.E yL L 2L- H 5 P-+J�CEyUCCA 8-101w YUCCAGLJDAIOSA 15 GAL L 12- H SPANOSN bAGGEr7 J' Vw YUCCA WH IPP-LEI 15 GAL � 3-4' H O?Jf� LORD :� CA NI)LE 3-4 - W PLANTI N G DESIGN N OTES THL5FLFC1 ION OF I;'L.ANT MA71=9IAL r5 RASFD ON € ULTU'RAL- AEStHETIC, AN IT MAIN IFNANCE CONSIUERAr PONS. ALL PLANNING AREAS SHALL dE PREPAIRE D VVI TH APPF1 P MAI E 5GNL Aryl END M ENTS, FPFt'i`1LJZCR�,AND APPFkCPRIATE SUPPLPMEN i S EASED LJRGN ASO11-5 F1RPORT r-ROM AN"RICUL7 URAL SU ITA81LI TY 50tL SAM PLE TAKEN F M T#E SITE GROU N D COfVEPS OR SAPK M LJLti H *SHALL FI LL IN RE I-W EEN [HE SH ICU M TO 5"1 F Lb tH E S01 L F IqG M THE 54J N. E1{APOTRANS PORAt1 ON AND RUN -OF F ALL TH F FLOWER AN L) SHRLJ D REGS SRAL.L RE M ULC'HE D 10 A �[' bEPTH Tt) HELP NCO NSERV E WATER LCOWER TH E S01 L TEM PERWU ICE AND RPDUCF-WEE G ROW-1 H. TH 1= SH RU DS SHAk L BE ALLOWt0 t RQw I N 'rH rim NAT-U" L FOR h15 ALL L N DSCAPE I MPRtWE MIEN t5 8H ALL FO LLOW 1 H F CI TY OF PALM L) E-%Nl � UI�EL1t�E�. 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' F , ` NFII 1 •ti .... _ � fey 1, y._ :I k - :k 5 A A Nor pt !If PL qff i +I r LY + r wr or now IF F M1 L I + I I +iA - �'� + % pcl ! a '— ---qw-.M 5 pr Ar } dSRT SURF REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT by and among CITY OF PALM DESERT (“City”) and DESERT WAVE VENTURES, LLC a Delaware limited liability company (“Developer”) DSRT SURF HOTEL, RESIDENTIAL UNITS, SURF CENTER AND LAGOON 72500.00920\34744746.2 TABLE OF CONTENTS Page -ii- 1. GENERAL PROVISIONS. ......................................................................... 3 1.1 Purpose of this Agreement ................................................................................. 3 1.2 Project Site ............................................................................................................ 3 1.3 Project Existing Approvals .................................................................................. 3 1.4 CEQA Compliance ............................................................................................... 7 2. IDENTITY OF PARTIES. ...................................................................................... 7 2.1 Developer. ............................................................................................................. 7 2.2 City. . .................................................................................................................... 12 2.3 Notices. ................................................................................................................ 12 3. TERM. ................................................................................................................ 13 3.1 Term ..................................................................................................................... 13 4. DESIGN AND DEVELOPMENT OF PROJECT. ................................................. 15 4.1 Design and Development of the Project. ........................................................ 15 4.2 City Infrastructure Improvements .................................................................... 15 4.3 Submission and Approval of Construction Documents and Building Permit and Grading Permit Applications. .................................................................... 15 4.4 Agreement on Total Project Costs. ................................................................. 17 4.5 City Financial Contribution ................................................................................ 18 4.6 [Intentionally left blank] ...................................................................................... 19 4.7 Insurance ............................................................................................................. 19 4.8 Other provisions or requirements .................................................................... 20 4.9 Safety. .................................................................................................................. 23 4.10 Developer’s Indemnity Agreement/Hold Harmless ....................................... 24 4.11 Payment Bonds and Performance Bonds ...................................................... 25 4.12 Completion Guaranty. ........................................................................................ 26 4.13 Prevailing Wages ............................................................................................... 27 4.14 Liens and Claims. ............................................................................................... 28 4.15 Compliance with Law; Enforceability by City. .............................................. 29 5. REQUIREMENTS OF PARTIES; CONDITIONS PRECEDENT TO CLOSE OF ESCROW ........................................................................................................... 29 5.1 Periodic Review; Meet and Confer .................................................................. 29 5.2 Conditions Precedent to Close of Escrow Benefiting the City .................... 30 5.3 Conditions Precedent to Close of Escrow Benefiting Developer ................ 32 5.4 Existing Approvals; Cooperation Between Parties ....................................... 33 72500.00920\34744746.2 TABLE OF CONTENTS (continued) Page -iii- 5.5 Physical Condition of the Project Site ............................................................. 34 5.6 Early Entry by Developer .................................................................................. 34 6. SALE OF CITY PROPERTY; CLOSE OF ESCROW. ........................................ 35 6.1 Sale of City Property .......................................................................................... 35 6.2 Execution and Delivery of Documents ............................................................ 35 6.3 Close of Escrow; Title Policies ......................................................................... 35 6.4 Commencement of Construction ..................................................................... 36 6.5 Costs of Escrow; Title Insurance ..................................................................... 36 7. DEFAULTS; REMEDIES. ................................................................................... 37 7.1 General Developer Default ............................................................................... 37 7.2 Default by City..................................................................................................... 38 7.3 Force Majeure ..................................................................................................... 38 7.4 Remedies Exclusive. ......................................................................................... 38 7.5 Dispute Resolution ............................................................................................. 39 8. EVENTS OF TERMINATION; RIGHTS AND OBLIGATIONS OF PARTIES. ..... 39 8.1 Events of Termination ........................................................................................ 39 8.2 Disposition of Deposit. ....................................................................................... 39 8.3 Effect of Termination.......................................................................................... 40 9. MISCELLANEOUS PROVISIONS. ..................................................................... 41 9.1 Real Estate Commissions ................................................................................. 41 9.2 Time of Essence ................................................................................................. 41 9.3 Consent ................................................................................................................ 41 9.4 Entire Agreement. .............................................................................................. 41 9.5 Interpretation ....................................................................................................... 41 9.6 Governing Law.................................................................................................... 42 9.7 Captions ............................................................................................................... 42 9.8 No Third Party Rights ........................................................................................ 42 9.9 Modification or Amendment of Agreement; Operating Memoranda. ......... 42 9.10 Waiver .................................................................................................................. 42 9.11 Severability .......................................................................................................... 42 9.12 Integrated Agreement ........................................................................................ 43 9.13 Certificates........................................................................................................... 43 9.14 Counterparts ....................................................................................................... 43 72500.00920\34744746.2 TABLE OF CONTENTS (continued) Page -iv- 9.15 Public Records .................................................................................................... 43 9.16 Incorporation by Reference of Recitals .......................................................... 44 72500.00920\34744746.2 -v- ATTACHMENTS Attachment No. 1 Scope of Development Attachment No. 2 Preliminary Plan of Finance Attachment No. 3 Preliminary Project Budget Attachment No. 4 Map of Project Site; Map Showing General Location of Elements of the Project Attachment No. 5 Legal Description of the Project Site Attachment No. 6 Form of City Cost Reimbursement Agreement Attachment No. 7 Form of Acquisition Agreement Attachment No. 8 Form of Transient Occupancy Tax Reimbursement Agreement Attachment No. 9 Schedule of Performance 72500.00920\34744746.2 -1- REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Hotel, Residential Units, Surf Center, and Lagoon Project This Revised and Restated Disposition and Development Agreement (this “Agreement”) is entered into as of__________________, 2022 (the “Execution Date”), by and among the CITY OF PALM DESERT, a chartered municipal corporation (the “City”), and DESERT WAVE VENTURES, LLC, a Delaware limited liability company (the “Developer”). The City and Developer are the sole parties (each, a “Party” and, collectively, the “Parties”) to this Agreement. The “Effective Date” shall be ____________, 2022. RECITALS This Agreement is based upon the following recitals, facts and understandings of the Parties: A. The City and Developer entered into that certain Disposition and Development Agreement, dated December 30, 2019 (the “Original DDA”). The Parties now intend to revise and restate the Original DDA with this Agreement. The provisions of this Agreement shall completely supersede the Original DDA and prevail over any inconsistent provisions in the Original DDA. B. The City and Developer have entered into that certain Purchase Option Agreement dated August 15, 2018 (“City POA”), for the sale of up to 3.03 acres (APNs 620-400-008 & 620-420-024) (the “City Property”) and the Successor Agency to the Redevelopment Agency of the City of Palm Desert and Developer have entered into that certain Purchase Option Agreement dated August 15, 2018, as amended by the First Amendment to Real Estate Option and Purchase and Sale Agreement dated May 22, 2021, 2021 (collectively, the original and amended agreements are referred to as the (“SARDA POA”), for the sale of up to 14.65 acres (APN 620-420-023) (the “SARDA Property”). The City POA and the SARDA POA provide for the sale of approximately 17.68 acres which make up the Project Site as further discussed in Section 1.2 below (the “Project Site”). Developer agrees that the close of escrow on the SARDA Property shall be concurrent with the Close of Escrow as defined herein for the City Property. C. The Developer has completed its due diligence investigations of the Project Site and accepts the conditions of the Project Site. D. On the Project Site, the Developer will construct the following improvements in two phases as set forth in the “Scope of Development” (Attachment No. 1 attached hereto and incorporated herein by reference): An approximately 5.5-acre Surf Lagoon; an approximately 7,000 square foot Surf Center; a 92-key 69,000 square foot Hotel (including restaurant, bar, café, meeting and banquet rooms, 92 parking spaces and outdoor amenities such as pool, spa, and decks); a parking structure and surface parking stalls (for a total of 472 spaces) (“Public Parking”); and 83 private Residential Units and 72500.00920\34744746.2 -2- private club house. (together all improvements at the Project Site are referred to as the “Project”) E. The City will contribute an amount not to exceed the Public Investment Amount (the “Public Investment”) to be used by the Developer for the development of the Project, as described in the Scope of Development. The payment of the Public Investment is anticipated to be made through up to $20,000,000.00 in bond proceeds, City Property transfer, and up to $16,100,000 in Transient Occupancy Tax (“TOT”) revenue sharing, as described below in Section 4.5. The maximum “Public Investment Amount” equals up to THIRTY-SIX MILLION FIVE HUNDRED AND FIFTY-FOUR THOUSAND NINE HUNDRED DOLLARS ($36,554,900) F. The Public Investment Amount is based on the assumption that the Hotel will be constructed and operated in accordance with the Scope of Development, including that the Hotel will have at least 92 Rooms and not more than 350 Rooms (where “Room” shall mean a separately keyed lodging unit of the Hotel) (the “Hotel”) and that there shall be at least 83 for-sale residential units (combination of villas and stacked flats) with at least 40 keys for unit lock-off (the “Residential Units”). Any Development Costs in excess of the Public Investment Amount shall be the sole obligation of Developer (the “Project Costs”). G. The Project Costs are currently estimated to be $225,000,000 and the Developer expects to fund the Project Costs as set forth in the “Preliminary Plan of Finance” (Attachment No. 2 attached hereto and incorporated herein by reference). Attachment No. 3 is a “Preliminary Project Budget” that includes Project Costs and the Preliminary Plan of Finance. Both the Preliminary Plan of Finance and the Preliminary Project Budget shall be updated by Developer for City review on or prior to the applicable target date set forth in the Schedule of Performance, Attachment No. 9 attached hereto and incorporated herein by this reference. H. The Parties now desire to set forth the terms and conditions upon which the City may sell the Project Site to the Developer for the development, operation and maintenance of the Project. Developer may finance the Project Costs and the Developer’s Improvements Costs. All capitalized terms not defined within this Agreement shall have the meanings described within with the Attachments incorporated hereto as part of this Agreement. AGREEMENTS For valuable consideration, receipt of which is hereby acknowledged, and the mutual obligations of and benefits to the Parties set forth herein, the City and Developer agree as follows: 72500.00920\34744746.2 -3- 1. GENERAL PROVISIONS. 1.1 Purpose of this Agreement. The intent and purpose of this Agreement is to set forth the obligations of the Parties and conditions precedent to the development and construction of the various elements of the Project, as applicable, and the financing commitments by the City and the financing by the Developer of the Project. Accordingly, this Agreement is intended to provide for the completion of all actions necessary to plan and design the Project, and to obtain all approvals necessary for the sale of the Project Site to the Developer and for commencement of development and construction of the Project, including, but not limited to, the preparation of all construction plans, specifications and cost estimates (to the extent required under this Agreement as a condition to the Close of Escrow) and related documents for the Project, the securing of private and public financing for the various elements of the Project and the negotiation and execution of the sale of land for the Project. This Agreement shall expire and be of no further force or effect upon issuance of Certificate of Occupancy for the Project except for those provisions that expressly survive the expiration or earlier termination of this Agreement, which are set forth in Article 8. 1.2 Project Site. The Project Site and Map Showing General Location of Elements of the Project (“Site Plan”) is shown on Attachment No. 4 and more particularly described in Attachment No. 5 The “Project Site” shall include a Hotel, Residential Units, Surf Center, and Lagoon. The City-owned portion of the Project Site shall be sold to the Developer pursuant to escrow terms with the City, as described in more detail in Section 6.1, and following, for development of the Project. 1.3 Project Existing Approvals; Implementation Actions. The Parties agree that, as of the Execution Date, the following documents have been approved and may be amended from time to time by the City (the “Existing Approvals”): (a) Existing Approvals: (i) DSRT SURF Specific Plan, as amended (Case Nos. SP 18- 0002 Amendment No. 1, PP 21-0002) (ii) Surf Lagoon, Hotel, Surf Center, and Residential Unit Precise Plan (iii) Tentative Parcel Map (amended TTM 36379) and related conditions of approval (“Conditions of Approval”) (iv) Architectural Review Commission recommendation of the Project (v) Environmental Impact Report (“EIR”), Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program (“MMRP”) for the DSRT SURF Project (SCH #2019011044) 72500.00920\34744746.2 -4- (vi) EIR Addendum, Specific Plan Amendment, Precise Plan, and Tentative Tract Map for the DSRT Surf Project (SCH #2019011044) (vii) Acquisition Agreement attached hereto and incorporated herein as Attachment No. 7, subject to execution concurrent with the Close of Escrow (viii) City Transient Occupancy Tax Reimbursement Agreement attached hereto and incorporated herein as Attachment No. 8, subject to execution concurrent with the Close of Escrow (b) Implementing Actions by City, Government Agencies and Other Parties. The implementation of this Agreement requires certain actions by the City and other governmental agencies with an interest in the Project Site, which actions include, but are not limited to, the following, which have been or shall be completed on or prior to the applicable target date set forth in the Schedule of Performance, Attachment No. 9 attached hereto and incorporated herein by this reference (the “Target Date”) for such respective items (the “Implementing Actions”) Assuming adequate environmental review, the City Manager, in consultation with the City Attorney, is hereby authorized to execute any Implementing Actions requiring City approval without City Council consideration, unless the City Manager or City Attorney determine that the Implementing Action should be considered by the City Council. Upon execution of any Implementing Action the City Manager shall provide notice to the City Council. (i) Utility Related Matters: (1) CVWD Sewer Agreement (2) CVWD and or Riverside County Agreement for Water Well Site Approval, Permitting, Construction and Operation, if development of a private water well on the Project Site is legally and technically feasible. (ii) City and Developer Agreements or Approvals: (1) Master Use and Maintenance Agreement, include water quality discharge plan which would include a 3- day lagoon evacuation agreement with the City and fee schedule for CVWD water use (prior to Water Well site approval and construction) Water Metering schedule (for freshwater intake pass through). (2) Agreement to evidence the Developer’s obligation to fund 12.1% of the cost to install a signal at the intersection of Marketplace and Cook. 72500.00920\34744746.2 -5- (3) City Well Usage Agreement, if the City determines in its sole discretion that adequate excess water supply exists for existing and foreseeable needs. (4) [Intentionally left blank] (5) City TOT Reimbursement Agreement (6) Master Construction, Access and Parking Easement Agreement Over Desert Willow Golf Resort (7) [Intentionally left blank] (8) Easements required to satisfy the Existing Approvals, e.g. MMRP and other Conditions of Approval (9) [Intentionally left blank] (10) Acquisition Agreement (11) City Cost Recovery Agreement attached hereto and incorporated herein in Attachment No. 6 (to be executed by both Parties on or prior to the applicable Target Date set forth in the Schedule of Performance, Attachment No. 9 attached hereto and incorporated herein by this reference). (12) Offsite Turf Reduction Program Funding and Scheduling Agreement (13) Construction easement(s) from City to the Developer for turf reduction immediately adjacent to the Project Site. (iii) Misc. Required Agreements: (1) Parties: City, Developer, future owner(s): a. An easement and maintenance agreement in favor of developer to cross under Mountain View golf course, and to access 15” underground water line for freshwater supply. b. An easement and maintenance agreement in favor of the Developer for construction of grading, landscaping, and retaining walls around entire Project Site. 72500.00920\34744746.2 -6- c. The City may, but shall not be required to, enter into an agreement with the Developer whereby the Developer manages, operates and maintains the Parking Facilities (and any other public facilities acquired by the City pursuant to the Acquisition Agreement) so long as such agreement conforms to the requirements of Revenue Procedure 2017-13 and is structured so as not to create “private business use” within the meaning of that term under Section 141(b) of the Internal Revenue Service Code and Section 1.141-3 of the Treasury Regulations. d. City shall amend or terminate the overflow parking agreement with JW Marriott on Lot E. e. Residential Unit CC&R’s, (2) Parties: CVWD, City, Desert Willow Condominium Association, Developer, future owner(s): a. An easement and maintenance agreement in favor of the landowner(s) to provide tie-in access to sewer line at the adjacent Westin Desert Willow Villas property. If not feasible due to design, Developer will tie-in access to the sewer line located along Desert Willow Drive. b. Emergency Access Agreement (3) Parties: City, Embarc and Developer: a. An easement and maintenance agreement under Mountain View golf course, through Embarc property and discharging to City owned circulatory golf irrigation lakes system. (4) Parties: Developer, Hotel Operator a. Hotel Management Agreement b. Hotel Operator Agreement, to include valet parking requirements and identified parking spaces (5) Parties: Developer and Surf Lagoon and Center Operator 72500.00920\34744746.2 -7- a. Surf Lagoon and Center Operations Agreement (c) Project Naming Rights. (i) The Parties agree and acknowledge that all derivatives, logos, trademarks, service marks, and trade names associated with the Project are valuable property of Developer. (ii) Developer will have the sole discretion to name or re-name the Project and its component parts, subject to approval by the City Council, which approval shall not be unreasonably conditioned, withheld or delayed, prior to the name or re-name designation. (iii) Developer will refrain from using a name that in any way competes with or infringes on the Palm Desert name and brand. For example, the Developer will not include references to other cities, or regions in the name. (iv) Where collateral material, including online materials, and marketing/branding include references to the Project, to the extent practicable all references used and imagery associated shall include Palm Desert or Desert Willow. 1.4 CEQA Compliance. The City prepared and certified, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), the EIR, Statement of Overriding Considerations, MMRP, and EIR Addendum for the Project, which satisfies CEQA for purposes of this Agreement and the Existing Approvals. While no new or supplemental environmental approvals are contemplated, the Parties shall cooperate with respect to any supplemental environmental documentation or approvals that may be required for the Project. The Developer understands and agrees that the City may require subsequent or supplemental environmental review or other environmental analysis to implement the Project as required by CEQA, and/or by changes in applicable local, state, federal laws, including, without limitation, the applicable codes, ordinances, regulations and policies of the City (collectively, the “Laws”). 2. IDENTITY OF PARTIES. 2.1 Developer. 72500.00920\34744746.2 -8- (a) The Developer is Desert Wave Ventures, LLC, a Delaware limited liability company. The Developer’s principals are Don Rady, Doug Sheres, and John Luff . It is on the basis of the qualifications and experience of the Developer that the City is entering into this Agreement. Accordingly, the provisions of this Section 2.1 are deemed necessary by the City and are agreed to be reasonable by the Developer to assure the City that the purposes of this Agreement will be achieved. (b) Subject to Section 2.1(c), during the Term: (i) Except for any Permitted Transfers, the Developer shall not voluntarily or involuntarily assign a controlling interest in this Agreement or sell, convey or transfer, or permit a controlling majority of its members, to sell, convey or transfer such controlling interest in the Developer (each, a “Transfer”) without the prior written consent of the City. The City shall not unreasonably withhold, condition or delay their consent to a Transfer proposed by Developer that requires their consent if all of the following conditions are satisfied: (1) Developer shall have disclosed to the City in writing, the verification as required in Section 2.1(b)(i)(4) for each Person who will be a member of the Developer and each Person that will hold, directly or indirectly, any membership interests in the Developer as of the effective date of such proposed Transfer. (2) Developer shall provide documentation reasonably acceptable to the City that following the proposed Transfer, Developer shall have sufficient financial resources for the Developer to perform its obligations under this Agreement and to achieve the Close of Escrow. (3) Developer shall provide documentation reasonably acceptable to the City that following the proposed Transfer, the Developer will continue to have the commercial and real estate experience needed to perform the Developer’s obligations under this Agreement (including, without limitation, the ability to secure and maintain the required Hotel brand and Operator and extensive (not less than 10 years of senior management) experience financing and developing resort hotel and projects of a similar size and quality to the Hotel, Residential Units, Surf Center and Lagoon). 72500.00920\34744746.2 -9- (4) Developer shall provide the City with an independent third-party verification, subject to the reasonable approval by the City of the independent third-party, that each Unaffiliated Third Party (as defined below) that acquires any membership interests in the Developer is reputable (which shall mean the absence of reputations for dishonesty, criminal conduct or association with criminal elements – “reputable” shall not mean “prestigious”, nor shall the determination of whether one is reputable involve considerations of personal taste or preference), and has no history of, or reputation for, either discriminatory employment practices which violate any Laws or non-compliance with applicable Environmental Laws or listing on the Prohibited Person list described below. (5) Neither the transferee nor any Person with any direct or indirect membership interest in the Developer shall be a Prohibited Person. (6) Developer shall have provided to the City an outline of any change in the proposed corporate structure of the Developer, in writing, in a detailed narrative and a visual organizational flow chart. (ii) The Developer shall not permit or suffer to exist any Change of Control (as hereinafter defined) without the prior written consent of the City, which may be given or withheld in the sole and absolute discretion of the City. (iii) Except for any Permitted Transfers, the Developer shall prohibit each of its members from voluntarily or involuntarily selling, conveying, or transferring any of such member’s direct or indirect membership interest in the Developer to any Person without the prior written consent of the City (which consent shall be given or withheld in the sole and absolute discretion of the City unless such Transfer satisfies the criteria of Section 2.1(b)(i) in which case the City’s consent shall not be unreasonably withheld, conditioned or delayed), and in no event to any Prohibited Person (as hereinafter defined). (iv) Any purported Transfer in violation of this Section 2.1(b) shall be null and void, undone by Developer at Developer’s sole cost and expense, and not binding on the City. (c) Upon written request by the Developer to the City for consent to a Transfer as required under Section 2.1(b), the City shall determine, in its reasonable 72500.00920\34744746.2 -10- discretion, within thirty (30) days following delivery of the Developer’s request and all information reasonably required by the City to review the request, whether the proposed Transfer as of the effective date of the proposed Transfer, meets the qualifications set forth in Section 2.1(b). (d) The Developer shall deliver to the City all agreements and all certified documents evidencing the formation, existence, and good standing of the Developer (with all information regarding distributions, including any definitions primarily related thereto, redacted), for review by the City for consistency with the provisions of this Agreement. The City may request updates to such documents and/or agreements from time to time during the Term and Developer shall deliver such updates within thirty (30) days of City’s notice to Developer. (e) The Developer represents and warrants to the City that it has disclosed to the City each of its members, each Person that holds, directly or indirectly, at least ten percent (10%) of the membership interests in the Developer, and each Person that Controls the Developer. (f) For purposes of this Section 2.1, the following definitions shall apply: (i) ”Change of Control” means a merger, consolidation, recapitalization or reorganization of the Developer or other transaction or an amendment to any governing document of the Developer that results in any Unaffiliated Third Party having the ability to Control the Developer. (ii) ”Unaffiliated Third Party” means any Person that is not one of the principals or is not Controlled by one of the principals. (iii) “Person” means a natural person, whether acting for himself or herself, or in a representative capacity, a partnership, a corporation, a limited liability company, a governmental authority, a trust, an unincorporated organization or any other legal entity of any kind. (iv) “Control” means with respect to any Person (the “Controlling Person”) the power to both (A) direct or cause the direction of the management or policies of another Person (the “Controlled Person”), whether through the ownership of voting equity, by contract or otherwise; and (B) maintain active and direct control and supervision of the operations of Developer, including without limitation, the day to day operations of the Project; provided, however, that a contractual or other requirement that a Controlling Person obtain the consent or approval of one or more other Persons as a condition to undertaking a Major Decision shall not affect whether such Controlling Person Controls such Controlled Person. 72500.00920\34744746.2 -11- “Controls”, “Controlled” and “Controlling” shall have correlative meanings to “Control”. (v) “Major Decisions” means, with respect to any Person, any decision that is of the type that requires the consent or approval of such Person’s non-managing members, limited partners or minority shareholders, which may include by way of example, any decision to (A) enter into any financing or incur, assume or guarantee any indebtedness that has not been previously approved in an approved budget or operating plan; (B) enter into or terminate or amend any material agreement; (C) merge, liquidate, sell, restructure, consolidate, recapitalize, reorganize, wind up, or dissolve the Person; (D) authorize or declare voluntary bankruptcy, assignment for benefit of creditors, acceleration of third-party obligations, confession of judgment, reorganization or any other similar insolvency action involving the Person or make any filing in connection therewith; (E) make any material changes to the Project; (F) terminate or amend this Agreement; (G) purchase insurance except as required by this Agreement or the Deed of Sale; (H) sell or transfer any asset of the Person; (I) approve any budget or operating plan; (J) amend any of the organizational documents of the Person; (K) issue, redeem, repurchase or cancel equity or other ownership interests in the Person (or any rights, warrants or options to acquire the foregoing); (L) make changes to the governing body of the Person; (M) declare or pay any distributions; (N) engage in new lines of business; (O) make capital expenditures or similar expenditures except as required in an approved capital budget; (P) make or change tax elections or accounting methodologies; or (Q) undertake an initial public offering of securities. (vi) ”Permitted Transfer” means the following Transfers, provided that there is no Change of Control as a result of such transfer: (A) any Transfer of not more than ten percent (10%) of direct or indirect membership interests in the Developer to any Affiliated Transferee (as defined below) that is not a Prohibited Person; (B) if by a natural person, any Transfer upon the death of such person by will or other instrument taking effect upon such death or by applicable laws of descent and distribution to such person’s estate and executors and then to such person’s heirs; or (C) if by a natural person, any Transfer made in connection with the dissolution of the transferee’s marriage or the legal separation of the transferee and his or her spouse on the account of any settlement of any community property or other marital property rights such 72500.00920\34744746.2 -12- spouse may have in any membership interests in the Developer. (vii) “Prohibited Person” means any Person (A) named as a “Specifically Designated National and Blocked Person” (“SDN”) on the most current list published by the U.S. Department of the Treasury Office of Foreign Assets Control at its official website or any replacement website or other replacement official publication of such list or (B) that is Controlled by an SDN. (viii) “Affiliated Transferee” means, with respect to any Transfer, any of the following: (A) each sibling of the transferor, the spouse of the transferor, and each parent, child, grandchild or great-grandchild of the transferor (including relatives by marriage); (B) any trust for the benefit of the transferor or any of the foregoing members of his or her family; (C) where the transferor is a trust, any beneficiary of the trust or any of the foregoing family members of a beneficiary of the trust, or any other trust established for the benefit of any of the foregoing; and (D) each Person that Controls, is Controlled by, or is under common Control of, the transferor or any of the foregoing Persons. In addition, for purposes of this Section 2.1, the quantum of a Person’s indirect ownership in any other Person is calculated as the percentage of the proportional ownership interest at each level. As an example, if Person A owns a 50% interest in Person B and Person B owns a 50% interest in Person C, then Person A would be deemed to have a 25% indirect ownership interest in Person C. 2.2 City. The City is the City of Palm Desert, a charter city and municipal corporation. 2.3 Notices. (a) To Developer. Notices to the Developer shall be given or served by (a) recognized national overnight delivery service, or (b) facsimile with a confirmed receipt of such transmittal, provided a copy of such facsimile notice is also sent by mail, as provided below, or (c) first-class mail or certified mail, return receipt requested, addressed as follows, or to such other address(es) as the Developer may from time to time designate by notice to the other Parties: Desert Wave Ventures, LLC Attn: Don Rady 1555 Camino Del Mar, Suite 315C Del Mar, CA 92014 72500.00920\34744746.2 -13- With a copy to: Don Rady Value Real Estate 1919 Grand Ave San Diego, CA 92109 With copy to: Coast Law Group, LLP 1140 S. Coast Hwy 101 Encinitas, CA 92024 Attention: Marco Gonzalez (b) To City. Notices to the City shall be given or served by (a) recognized national overnight delivery service, or (b) facsimile with a confirmed receipt of such transmittal, provided a copy of such facsimile notice is also sent by mail, as provided below, or (c) first-class mail or certified mail, return receipt requested, at the following address, or to such other address(es) as the City may from time to time designate by notice to the other Parties: City of Palm Desert Attention: City Manager 73510 Fred Waring Dr. Palm Desert, California 92260 With a copy to: City Attorney City of Palm Desert 73510 Fred Waring Dr. Palm Desert, California 92260 (c) Forms of Delivery. Facsimile notice shall be deemed given on the date set forth in the sender’s confirmation notice; overnight delivery notice shall be deemed given the next business day from when sent; and mailed notice shall be deemed to have been given or served, if mailed by first class mail, on the third business day from when mailed, and, if by certified mail, on the date set forth in the return receipt. 3. TERM. 3.1 Term. The term of this Agreement shall commence on the Execution Date and shall expire on the earlier of issuance of a final certificate of occupancy for the Project on or prior to the applicable Target Date set forth in the Schedule of Performance, 72500.00920\34744746.2 -14- Attachment No. 9 attached hereto and incorporated herein by this reference (the “Construction Completion”) or the Early Expiration Date (the “Term”). The “Early Expiration Date” will occur on the first anniversary of this Agreement (subject to extensions as provided below). Upon written request from the Developer, City shall administratively extend the Early Expiration Date up to two times (each, an “Extension”), for a period of six (6) months for each such Extension (“Extension Period”), for a total possible Early Expiration Date of two years, in accordance with the obligations of Section 5.1, Section 3.1(d) below, and the following terms: (a) Developer delivers notice to the City no later than sixty (60) days prior to the Early Expiration Date or no later than forty-five (45) days prior to the expiration of an Extension Period, as applicable, of its request to extend the Early Expiration Date, together with written evidence that the following conditions precedent have been satisfied or requesting that some or all of the conditions precedent be waived or the time for satisfying such condition(s) precedent be extended by the City: (i) The Developer shall have obtained Grading Permit approval and submitted Construction Documents as required by this Agreement and shall have obtained, or be diligently working to obtain, approvals of Building Permits in accordance with this Agreement; and (ii) The Developer shall have submitted to the City for their review and approval a current design and construction schedule for the Developer’s Improvements as outlined in the Scope of Development. (b) Administrative staff-level approval of any Extension by the City shall be conditioned upon, and shall be granted if (i) the Parties have completed a Periodic Review, after the Extension request, as provided in Section 5.1, (i) City staff has determined that no Developer Event of Default has occurred and is continuing, (ii) City staff has determined that each of the Parties is diligently proceeding in good faith to complete their respective obligations under this Agreement for development of the Project; and (iii) City staff has determined that any such Extension will allow the Developer to meet its obligations under this Agreement. (c) Upon receipt of notice of Extension in accordance with Section 3.1(a) which requests the waiver of, or an extension of time to satisfy, any of the conditions precedent set forth in Section 3.1(a) to achieve such Extension, the Parties shall meet and confer in good faith to determine (i) if such waiver or extension would still make it feasible or practicable to proceed with the Project; and (ii) how much additional time is required to satisfy the applicable conditions precedent for such Extension. If it is determined by the Parties that it is feasible and practicable to proceed with the Project and if the conditions precedent set forth in Section 3.1(b) have been satisfied, then the City shall extend the time period to satisfy the applicable condition(s) precedent. If it is determined by any Party that it is not feasible or practicable to proceed with the Project, then any Party may terminate this Agreement in accordance with Section 5.1 and Article 72500.00920\34744746.2 -15- 8. Notwithstanding any such waivers or Extensions granted pursuant to this Section 3.1, this Agreement shall terminate upon an Event of Termination as provided in Section 8.1. (d) The Early Extension Date may be extended by City staff in their sole discretion for one additional 6 (six) month period at the request of the Developer; however the Close of Escrow shall be completed prior to December 31, 2022. 4. DESIGN AND DEVELOPMENT OF PROJECT. 4.1 Design and Development of the Project. (a) The Project shall be designed by the Developer in accordance with the Scope of Development, the Project Existing Approvals and this Agreement. (b) The final designs and plans for the Developer’s Improvements and the Project shall be attached to the Deed of Sale and provide for build out consistent with the DSRT SURF Specific Plan approved for the Project and the Existing Approvals and Implementing Approvals. (c) The Developer shall comply with all Laws applicable to the Project, including, without limitation, the City’s Municipal Code. (d) The Developer shall comply with all Laws applicable to the development and construction of the Developer’s Improvements. (e) The Developer shall pay when due all fees pertaining to the review and approval of the Developer’s Improvements that are lawfully required by any government agency, including, without limitation, the City and by any public utility. The Developer shall endeavor to obtain, prior to the commencement of construction of the Developer’s Improvements, any and all governmental approvals and permits that are required for commencement of such construction and any and all discretionary governmental approvals and permits that are required for completion of the Developer’s Improvements. 4.2 City Infrastructure Improvements. The City shall not be responsible for any infrastructure improvements for the Project. 4.3 Submission and Approval of Construction Documents and Building Permit and Grading Permit Applications. (a) On or before the Target Date set forth in the Schedule of Performance, the Developer shall submit for approval to the City Construction Documents for the Developer’s Improvements and Building Permit and Grading Permit Applications in accordance with clauses (i) and (ii) below, respectively, and to the City, Building Permit and Grading Permit Applications for the Developer’s Improvements in accordance with clause (iii) below. 72500.00920\34744746.2 -16- (i) Construction Documents: On or before the Target Date set forth in the Schedule of Performance, Developer shall submit to the City “Construction Documents” for development of the Developer’s Improvements (“Construction Documents Set”) demonstrating conformance with the design approvals at 100% Design Development and 100% Construction Documents completion of such construction drawings. Each Construction Documents Set shall be prepared by an architect or an engineer licensed in the State of California. Inspection, review, or comment by the City with respect to any of the Construction Documents shall not in any way affect or reduce the Developer’s obligations under this Agreement or be deemed to be a warranty or acceptance by the City with respect to such Construction Documents; it being understood that the City is relying upon the Developer to design and engineer the Developer’s Improvements. (ii) Building Permit and Grading Permit Applications: On or before the Target Date set forth in the Schedule of Performance, Developer shall submit for review by the City “Grading Permit Application” and “Building Permit Application” for development of the Developer’s Improvements. Grading Permit and Building Permit Applications shall be prepared by an architect or engineer, as appropriate, licensed to do business in the State of California. Inspection, review, approval or comment by the City with respect to any of the Grading Permit or Building Permit Applications shall not in any way affect or reduce the Developer’s obligations under this Agreement or be deemed to be a warranty or acceptance by the City with respect to such Building Permit or Grading Permit Applications; it being understood that the City is relying upon the Developer to design and engineer the Developer’s Improvements in accordance with this Agreement. (iii) Grading Permit and Building Permits: All standard City fees with respect to the issuance of the Grading Permit and Building Permits will apply and shall be paid by the Developer. (b) With each of the two submission of Construction Documents and the Grading Permit and Building Permits Applications pursuant to this Section 4.3, the Developer shall submit to the City Development Cost estimates for such portion of the Developer’s Improvements, prepared by Developer, Developer’s general contractor or a qualified cost estimator in such detail as warranted by the extent of detail and completeness of the Construction Documents and Grading Permit and Building Permits Applications submitted to the City. Such Development Cost estimates shall be prepared in good faith and shall reflect the reasonable judgment of the Developer regarding such estimates. The Parties acknowledge that such estimates are estimates only and that final 72500.00920\34744746.2 -17- Development Costs may differ from the previously provided estimates. Whenever this Agreement requires the Developer to submit Development Cost estimates for such portion of Developer’s Improvements, a separate Development Cost estimate shall be prepared for each major category of such portion of the Developer’s Improvements, including but not limited to: the Surf Lagoon, the Surf Center and grounds, the Surf Center Parking Lot, the Hotel and hotel parking spaces, and the Residential Units (each, a “Major Component of Developer’s Improvements”). The parties understand and agree Development Cost estimates for the Project will comply with the Construction Specialties Institute divisions for cost estimation. 4.4 Agreement on Total Project Costs. (a) ”Hard Construction Costs” shall mean, with respect to any component of the Project, all costs that the Developer is required to pay to the respective construction contractor for the construction of such component of the Project. (b) Concurrent with the Developer submission of the Building Permit Application, the Developer shall submit final estimates (non-GMP) of the total Development Costs of the Developer’s Improvements, including the items set forth in Section 4.4(d) to review compliance with the Final Plan of Finance and Final Project Budget. (c) Following receipt of the Developer’s final estimates of the Development Costs of the Developer’s Improvements pursuant to Section 4.4(b), the City may review such Development Cost estimates. The final estimates (non-GMP) of the Development Costs for the Developer’s Improvements which are either (i) reviewed by the City as submitted by the Developer in accordance with Section 4.4(b) or (ii) agreed by the City and the Developer, are herein referred to as the “Total Project Costs”. (d) As to each Major Component of Developer’s Improvements such estimates shall include an estimate for all Development Costs in connection with such Major Component of Developer’s Improvements. “Development Costs” shall mean, with respect to any component of the Project, (i) the costs of the entire design, architectural work, engineering work, development work and construction work and (ii) contingency which shall be in an amount equal to at least ten percent (10%) of the sum of the costs set forth in clause (i). (f) The Developer shall submit executed guaranteed maximum price construction contracts or fixed price construction contracts, as applicable, with respect to the Developer’s Improvements, based on signed bids from Developer’s contractors and subcontractors (if applicable), other than bids with respect to the Project, for the construction of the Developer’s Improvements (all of which shall be provided to the City) on or before the Target Date set forth in the Schedule of Performance. The Developer shall provide drafts of such contracts to the City, as applicable, for the City’s review and comment before execution, in which case the City, as applicable, shall promptly provide to the Developer any comments thereto. 72500.00920\34744746.2 -18- 4.5 City Financial Contribution. Based on the independent consultant report required to justify the City’s Public Investment Amount in the Project as considered as part of the Existing Approvals, the City will financially participate in the Project in the following manner: (a) City Property Transfer. City shall transfer the City Property at the Close of Escrow for Developer’s commitment to build the Project and other consideration as provided in this Agreement and a consideration $100.00. (b) Acquisition of Public Improvements. City shall utilize up to $20,000,000 for acquisition of such public improvements or facilities as set forth in the Form of Acquisition Agreement (Attachment No. 7 attached hereto and incorporated herein by reference) by way of progress payments upon project milestones are met as follows: Draw Public Parking Surf Lagoon and Center Hotel RESIDENTIAL UNITS 1st- $5M 30% construction cost of podium Parking Structure 100% rough grading complete Commence foundation upon fully approved and issued building permits for the entire Hotel 2nd- $5M 60% of construction cost of podium Parking Structure 100% Foundations Complete Completion of 60% of Hotel Parking 3rd- up to $5M 100% completion of all Public Parking and compliance with the Acquisition Agreement 100% of Surf Lagoon floor completed and surf equipment on site Completion of rough framing construction of the Hotel 4th- up to $3M 100% of all other public infrastructure and compliance with the Acquisition Agreement 100% complete certificate of occupancy for Surf Lagoon 100% complete certificate of occupancy for Hotel approved 72500.00920\34744746.2 -19- and Center approved 5th- up to $2M 4th Payment has been made, and City “look-back” approval of actual Project Costs in Section 4.5(d) and in compliance with the Acquisition Agreement 100% complete Certificate of Occupancy for Residential Units The use, management, operation, maintenance, and existence of the public facilities or improvements acquired by the City pursuant to the Acquisition Agreement shall be within the sole and absolute discretion of the City. Unless specifically directed by the City in writing, the Developer shall have no input whatsoever, directly or indirectly, with respect to any decision, action, or inaction relating to the use, management, operation, maintenance, or existence of such public facilities. Any provision of any agreement to the contrary is or shall be null and void. (c) Transient Occupancy Tax (“TOT”) Reimbursement. Developer shall be entitled to receive up to $16,100,000 for not more than twenty (20) years from the Completion Date, in TOT actually generated by the Project based on a 92 key Hotel and the 83 residential keys as set forth in the Form of TOT Reimbursement Agreement (Attachment No. 8 attached hereto and incorporated herein by reference). The City shall rebate 40% of the TOT from Hotel rooms and 60% of the TOT from the Residential Units. (d) Post-Construction Hard Cost Confirmation (“Look Back”). No later than 90 days after issuance of Certificates of Occupancy for all Residential Units, Developer will provide the City with evidence of actual cost of construction of the Surf Center, Surf Lagoon, Residential Units, Hotel, Parking, and associated infrastructure and amenities (“Project Costs”). If the total Project Costs of the Project, totals less than $185,000,000, Developer will reimburse to the City an amount equal to the difference between $185,000,000, and the Project Costs (the “Public Improvements Refund”). The Public Improvements Refund, if any, will be paid in equal annual installments, without interest, over the first ten years following issuance of the last Certificate of Occupancy. 4.6 Insurance. Without limiting Developer’s indemnification of the City of Palm Desert, and prior to commencement of construction of the Project, herein defined as “Work” for this Article 4 and this Agreement, Developer shall obtain, provide and maintain, or cause to be obtained, provided, and maintained, at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. 72500.00920\34744746.2 -20- 4.6.1 General Liability Insurance. Developer or its General Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 4.6.2 Automobile Liability Insurance. Developer or its General Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Developer arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 4.6.3 Umbrella or Excess Liability Insurance. Developer or its General Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Developer or its General Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: 4.6.4 Workers’ Compensation Insurance. Developer or its General Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Developer’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Developer or its General Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Developer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. 4.6.5 Pollution Liability Insurance. Developer or its General Contractor shall maintain Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. 4.7 Other provisions or requirements: 72500.00920\34744746.2 -21- 4.7.1 Proof of Insurance. Developer or its General Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.7.2 Duration of Coverage. Developer or it General Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Developer, its agents, representatives, employees or subcontractors. Developer or its General Contractor must maintain general liability and umbrella or excess liability insurance for a minimum of three (3) years after project completion. The City of Palm Desert and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 4.7.3 Primary/Noncontributing. Coverage provided by Developer or its General Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City, before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4.7.4 Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 4.7.5 City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary. Any premium paid by City will be promptly reimbursed by Developer or City will withhold amounts sufficient to pay premium from Developer payments. 4.7.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance, with an assigned policyholders’ and Financial Size Category Class 72500.00920\34744746.2 -22- VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 4.7.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 4.7.8 Enforcement of Contract Provisions (non estoppel). Developer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Developer of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 4.7.9 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 4.7.10 Notice of Cancellation. Developer agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 4.7.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Developers Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10) and completed operations (i.e. ISO Form CG 20 37) of Developer. 4.7.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 72500.00920\34744746.2 -23- 4.7.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 4.7.14 Pass Through Clause. Developer or its General Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Developer, shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Developer or its General Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Developer agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. 4.7.15 City’s Right to Revise Requirements. If commercially reasonable, the City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Developer ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Developer, the City and Developer may renegotiate Developer’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 4.7.16 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 4.7.17 Timely Notice of Claims. Developer shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Developer’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 4.8 Safety. DEVELOPER SHALL EXECUTE AND MAINTAIN ITS WORK SO AS TO AVOID INJURY OR DAMAGE TO ANY PERSON OR PROPERTY. IN CARRYING OUT ITS SERVICES, THE DEVELOPER SHALL AT ALL TIMES BE IN COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE AND FEDERAL LAWS, RULES AND REGULATIONS, AND SHALL EXERCISE ALL NECESSARY PRECAUTIONS FOR THE SAFETY OF EMPLOYEES APPROPRIATE TO THE NATURE OF THE WORK 72500.00920\34744746.2 -24- AND THE CONDITIONS UNDER WHICH THE WORK IS TO BE PERFORMED. SAFETY PRECAUTIONS, WHERE APPLICABLE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (A) ADEQUATE LIFE PROTECTION AND LIFESAVING EQUIPMENT AND PROCEDURES; (B) INSTRUCTIONS IN ACCIDENT PREVENTION FOR ALL EMPLOYEES AND SUBCONTRACTORS, SUCH AS SAFE WALKWAYS, SCAFFOLDS, FALL PROTECTION LADDERS, BRIDGES, GANG PLANKS, CONFINED SPACE PROCEDURES, TRENCHING AND SHORING, EQUIPMENT AND OTHER SAFETY DEVICES, EQUIPMENT AND WEARING APPAREL AS ARE NECESSARY OR LAWFULLY REQUIRED TO PREVENT ACCIDENTS OR INJURIES; AND (C) ADEQUATE FACILITIES FOR THE PROPER INSPECTION AND MAINTENANCE OF ALL SAFETY MEASURES. 4.9 Developer’s Indemnity Agreement/Hold Harmless. Except for sole negligence or willful misconduct of an Indemnitee, the Developer hereby assumes liability for and agrees to defend, indemnify, protect and hold harmless the City and its officers, agents, and employees, and the City Engineer from and against all claims, charges, damages, demands, actions, proceeding, losses, stop payment notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may arise out of or encountered in connection with this Agreement or the performance of the Work including, but not limited to death, or bodily or personal injury to persons, or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Developer, its officers, agents, employees, or Subcontractors including, but not limited to, liability arising from: (a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by the Developer, its officers, agents, employees, or subcontractors; (b) Any operation conducted upon or any use or occupation of the premises by Developer, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of this contract or otherwise; (c) Any act, omission or negligence of Developer, its officers, agents, employees or Subcontractors; (d) Any failure of Developer, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation, including Prevailing Wage Law as set forth in Section 4.12. The Developer also agrees to indemnify City and pay for all damage or loss suffered by City including, but not limited to damage or loss of City Property, loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, 72500.00920\34744746.2 -25- occupations, acts, omissions or negligence referred to in Sections 4.9 (a), (b), (c), and (d) above. Developer’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop payment notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under and provision of this agreement, Developer shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Developer will be for that entire portion or percentage of liability not attributable to the active negligence of City. Developer agrees to obtain executed indemnity agreements with provisions similar to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Developer in the performance of this agreement. In the event that Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Developer and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Developer under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Developer provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 4.10 Payment Bonds and Performance Bonds. (a) Prior to the Close of Escrow the Developer shall furnish the City with the following separate corporate surety bonds from each contractor that is responsible for the construction of a Major Component of Developer’s Improvements, or, in each case, a portion thereof: 72500.00920\34744746.2 -26- (i) A performance bond (“Performance Bond”) issued by a surety company licensed and admitted to transact business as such in the State of California, in an amount not less than one hundred percent (100%) of the estimated Hard Construction Costs of the applicable Major Component of Developer’s Improvements, or a portion thereof, as applicable. The Performance Bond shall name Developer as principal obligee, the City, each of the Private Construction Lenders and each of the public lenders as co-obligees. The Performance Bond shall assure full completion of the construction by such contractor of such Major Component of Developer’s Improvement, or such portion thereof, as applicable; and (ii) A payment bond (“Payment Bond”) issued by a surety company licensed and admitted to transact business as such in the State of California, in an amount equal to one hundred percent (100%) of the estimated Hard Construction Costs of the applicable Major Component of Developer’s Improvements, or a portion thereof, as applicable, guaranteeing payment for all materials, provisions, supplies and equipment used in, upon, for or about the performance of the construction by such contractor of such Major Component of Developer’s Improvements, or such portion thereof and for labor done thereon and protecting the City from any and all liability, loss or damages arising out of or in connection with any failure to make any such payments. The Payment Bond shall name Developer as principal obligee, the City, each of the Private Construction Lenders and each of the public lenders as co-obligees. (b) The Payment Bonds and Performance Bonds shall be in form and content reasonably satisfactory to the City. 4.11 Completion Guaranty. Developer shall cause the Guarantor under any completion guaranty given to City guaranteeing the lien-free completion of construction of the public improvements outlined in the Acquisition Agreement to execute a completion guaranty in favor of City and in substantially the same form and substance as the completion guaranty provided to Developer’s lender. “Completion Guaranty” shall mean a guaranty, or guaranties, from a Person or multiple Persons (collectively, the “Guarantor”), each of which is not a Prohibited Person, and which, in the aggregate, have a net worth, which shall mean total assets less the amount of total liabilities, determined in accordance with generally accepted accounting principles of at least TWENTY MILLION DOLLARS ($20,000,000) and which are approved by the City, in its reasonable discretion, guaranteeing to the City the completion of the improvements outlined in the Acquisition Agreement. The Parties shall negotiate the form of the Completion Guaranty and any inter-creditor agreements(s) on or before the Target Date set forth in the 72500.00920\34744746.2 -27- Schedule of Performance. The Parties shall execute and deliver the Completion Guaranty at the Close of Escrow. 4.12 Prevailing Wages. The Developer acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work that the Developer performs, or causes to be performed to complete the Project, or that the Developer is required to perform, under this Agreement (“Developer Construction Work”), constitutes “public work” under California Prevailing Wage Law, including Labor Code Sections 1720 through 1861, et seq. (as such statutes may be amended from time to time, “PWL”), and PWL obligates the Developer to cause such Developer Construction Work to be performed as “public work”, including, but not limited to, the payment of applicable prevailing wages to all Persons subject to the PWL. (b) The Developer shall cause all Persons performing Developer Construction Work to comply with all applicable provisions of the PWL and other applicable wage Laws. (c) The City hereby notifies the Developer and the Developer hereby acknowledges that the PWL includes, without limitation, Labor Code Section 1771.1(b) that provides that the following requirements described in Labor Code Section 1771.1(a) shall be included in all bid invitations and “public work” contracts: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for “public work”, unless it is currently registered and qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code if the contractor is registered to perform “public work” pursuant to Section 1725.5 at the time the contract is awarded. (d) The Developer acknowledges that its obligations under the PWL include, without limitation, ensuring that: (i) pursuant to Labor Code Section 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to Section 1725.5; (ii) pursuant to Labor Code Section 1771.4(a)(1), the call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”); (iii) pursuant to Labor Code Section 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and 72500.00920\34744746.2 -28- (iv) pursuant to Labor Code Section 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code Section 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to Section 1725.5 of the contractor, the name and registration number issued by the DIR pursuant to Section 1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC-100 is the name of the form currently used by the DIR for providing the notice, but the Developer shall determine and use whatever form the DIR requires. (e) The City shall not be responsible for the Developer’s failure to comply with any applicable provisions of the PWL. (f) The Developer’s violations of the PWL shall constitute a breach of this Agreement. 4.13 Liens and Claims. (a) The Developer agrees that, if any Professional or materialman performing the Work, or furnishing materials in connection therewith, or if anyone claiming directly or indirectly under or through the Developer or any affiliate, professional or materialman shall file or cause to be filed any mechanics lien or other lien or security interest against the Project Site, the Developer’s Improvements, or any portion thereof, or against any assets of or funds appropriated to or by the City or the City, then, within thirty (30) days after the Developer receives notice of filing thereof, the Developer shall cause such lien or security interest to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If the Developer shall fail to cause such lien or security interest to be discharged of record within the period aforesaid, then, in addition to any other right or remedy, the City or the City may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due from retentions or any progress payment next due to the Developer or by procuring the discharge of record of such lien or security interest. Any amount so paid by the City or the City, including all reasonable costs and expenses incurred by the City or the City in connection therewith, shall be payable by the Developer to the City or the City, as applicable, on demand. Each of the City will endeavor to notify Developer of any lien notices that it receives; provided, 72500.00920\34744746.2 -29- however, that the failure by City to so notify the Developer shall not affect Developer’s obligations hereunder. (b) Notwithstanding Section 4.13(a), the Developer shall not be required to discharge of record any such lien or security interest if the Developer is in good faith, and consistent with applicable Law, at its own expense, currently and diligently contesting the same; provided that the Developer first records a surety bond sufficient to release such lien or such security interest, as applicable. 4.14 Compliance with Law; Enforceability by City. The City shall provide to the Developer copies of its findings, policies and resolutions which authorize (a) the City to enter into each and every of the Closing Documents to which it is a party and (b) the Person or Persons executing each of such Closing Documents on behalf of the City to do so (collectively, “Compliance Documents”), when they are made available to the public. The Developer shall provide its written comments to the Compliance Documents within a commercially reasonable period of time of the receipt thereof. If the City disagrees with any of the comments provided by the Developer, then the Parties shall meet and confer in accordance with Section 5.1. If disagreements between the Developer and the City are not resolved pursuant to Section 5.1, then the Developer may terminate this Agreement in accordance with Article 8. 5. REQUIREMENTS OF PARTIES; CONDITIONS PRECEDENT TO CLOSE OF ESCROW. 5.1 Periodic Review; Meet and Confer. (a) The City shall have the option, not more frequently than every three (3) months during the Term, to conduct a review (the “Periodic Review”) to evaluate, among other things, the extent to which the Developer is complying with its obligations under this Agreement or the Schedule of Performance, and the Parties’ determinations of whether it is feasible to continue with the development of the Project pursuant to this Agreement (collectively, “Periodic Review Matters”). (b) Meet and Confer. (i) Within thirty (30) days following submittal by the Developer of the information and materials concerning Developer obligations and/ or the Schedule of Performance as reasonably requested by the City and/or the City in accordance with Section 5.1(a) or (ii) within five (5) days following notice of any Event of Default, City staff and the Developer shall meet and confer to seek mutual resolution of areas of concern covered in the Periodic Review or such Event of Default, as applicable, and to come to a mutual agreement whether to take one of the following actions: (i) Pause. To the extent feasible, pause any actions and activities of the Parties pursuant to this Agreement (except, to the extent applicable, insurance, maintenance and indemnification obligations) for a period up to thirty (30) days to enable the Parties to schedule one or more additional meet and confer events to gather additional information and 72500.00920\34744746.2 -30- continue discussions of the Periodic Review Matters or such Event of Default, as applicable; or (ii) Delay. To the extent feasible, delay for a period up to thirty (30) days any further actions or activities of the Parties under this Agreement to enable the Parties to further investigate their respective positions and whether it is feasible to proceed with the development of the Project as provided for hereunder. If disagreements between the Parties are not resolved pursuant to Section 5.1(b)(i) or (ii), then the Parties shall attempt to resolve such disagreements through mediation in accordance with Section 7.5. If such disagreements are not resolved through mediation within one hundred twenty (120) days after the commencement of mediation, then either Party may terminate this Agreement pursuant to Article 8. (c) If disagreements between the Parties are resolved pursuant to Section 5.1(b), then, if applicable, the Parties shall revise the Schedule of Performance to incorporate the changes agreed to by the Parties pursuant to Section 5.1(b) and such revisions to the Schedule of Performance shall be made without the need for an amendment to this Agreement in accordance with Section 9.9. (d) Notwithstanding any other provision in this Agreement, in the event Schedule of Performance extensions pursuant to Sections 5.1(b)(i) and 5.1(b)(ii) above exceed one hundred and eighty (180) days cumulatively, any Party may elect to terminate this Agreement in accordance with Article 8. 5.2 Conditions Precedent to Close of Escrow Benefiting the City. The City’s obligations in connection with the Close of Escrow are expressly conditioned upon the satisfaction by the City (or waiver by the City in writing) of each of the following conditions of the Project on or prior to the Target Date set forth in the Schedule of Performance but not less than forty-five (45) days prior to Close of Escrow: (a) The City shall have received from the Developer in accordance with this Agreement final Development Cost estimates for the Project as required under Section 4.4(d) on or prior to the applicable Target Date set forth in the Schedule of Performance; (b) The City shall have approved in accordance with this Agreement, on or prior to the applicable Target Date set forth in the Schedule of Performance, the Developer provided independent third-party verification that each Unaffiliated Third Party that acquires any membership interests in the Developer is reputable (which shall mean the absence of reputations for dishonesty, criminal conduct or association with criminal elements – “reputable” shall not mean “prestigious”, nor shall the determination of whether one is reputable involve considerations of personal taste or preference), and has no history of, or reputation for, either discriminatory employment practices which violate 72500.00920\34744746.2 -31- any Laws or non-compliance with applicable Environmental Laws or listing on the Prohibited Person list (each, an “Equity Investor” and, collectively, “the Equity Investors”); (c) The City shall have received from the Developer and reasonably accepted the terms of (i) the executable versions of the agreements with the Equity Investor(s) evidencing the commitments of such Equity Investors to make contributions for the Developer’s Improvements Costs (the “Equity Investor Contribution”) on or prior to the applicable Target Date set forth in the Schedule of Performance; (d) The City shall have received from the Developer and shall have reviewed on or prior to the applicable Target Date set forth in the Schedule of Performance, the binding final loan documents (“Loan Documents”) to confirm conformance with the Final Plan of Finance and are in an amount not in excess of the Developer’s Debt Contribution where (i) “Developer’s Debt Contribution” shall mean the Developer’s Contribution (as hereinafter defined) less the amount of the Equity Investor Contribution; and (ii) “Developer’s Contribution” shall mean the budgeted amount for the Development Costs of the Project (which is currently estimated to be $225,000,000, including all furnishings, fixtures and equipment); (e) The City shall be prepared to issue upon payment of required fees the required grading permits, Building Permits and all other permits that are required for the commencement and completion of construction of the Project ; (f) The City shall have reviewed and provided comments, on or prior to the applicable Target Date set forth in the Schedule of Performance, regarding the terms of the Developer construction contracts with any contractor for the Developer’s Improvements, including guaranteed maximum price construction contracts or fixed price construction contracts for all Major Components of Developer’s Improvements; (g) The City shall have reviewed and approved the form of Completion Guaranty under Section 4.11; (h) The City shall have received from the Developer evidence reasonably satisfactory to the City that all discretionary permits and other approvals that are required to complete construction of the Developer’s Improvements have been obtained from any and all governmental agencies having jurisdiction over the Project Site and other parties as set forth in Section 1.3; (i) The City shall have received from the Developer certificates of insurance for each of the policies of insurance required under this Agreement evidencing that such policies meet the respective insurance requirements and will be effective as of the Close of Escrow; 72500.00920\34744746.2 -32- (j) The City shall have received from the Developer reasonably satisfactory evidence that the Payment Bonds and the Performance Bonds have been issued in accordance with Section 4.10; (k) No Developer Event of Default shall have occurred and be continuing; (l) The Developer shall have executed the Deed of Sale to which it is a party, with the effectiveness thereof subject only to the consummation of the Close of Escrow; (m) City shall have considered and approved items set forth in Section 1.3; (n) Developer shall have obtained commitments for all financing that is necessary to satisfy their respective obligations under the Final Plan of Finance and Final Project Budget, with such financing to close concurrently with the Close of Escrow; (o) The City shall have prepared the City TOT Reimbursement Agreement for execution by Developer; (p) The City shall have received and reviewed the final, executed versions of the Loan Documents that evidence the commitments for the Developer’s Debt Contribution and the disbursement conditions therefor; (q) The City shall confirm with Developer that the closing under the SARDA POA is ready to take place concurrently with the Close of Escrow and includes a purchase option by the City in the event that the Project has not obtained required building permits within fifteen (15) months of the Close of Escrow or not commenced construction within eighteen (18) months from the Close of Escrow and the City exercised its repurchase option on the City Property; (r) Developer shall provide documentation reasonably acceptable to the City that the required Hotel Operator and Hotel Management Agreement, including dedicated parking requirements, as set forth in the Scope of Development has been agreed to by all parties; (s) City shall have amended or terminated the overflow parking agreement with JW Marriott on Lot E; (t) Developer shall have terminated the CITY POA, on or prior to the applicable Target Date set forth in the Schedule of Performance, Attachment No. 9 attached hereto and incorporated herein by this reference; and (u) City shall have approved the City Well Usage Agreement. 5.3 Conditions Precedent to Close of Escrow Benefiting Developer. The Developer’s obligations in connection with the Close of Escrow are expressly conditioned 72500.00920\34744746.2 -33- upon the City, satisfying, or causing the satisfaction, of each of the following conditions (or waiver by the Developer in writing of any of the following conditions): (a) The Title Company shall be irrevocably committed to issue to the Developer, simultaneously with the Close of Escrow, a policy or policies of title insurance in such form and amounts and with such special endorsements as may be reasonably required by the Developer and the Private Construction Lender, subject only to the Approved Title Exceptions; (b) The Developer shall have received notice from the City approved or disapproved, the Developer’s submittals required under this Agreement; (c) The Developer shall have approved each of the Compliance Documents in accordance with Section 4.14 or the Developer, the City shall have reached an agreement regarding each of the Compliance Documents pursuant to Section 4.14; (d) The Developer shall have received its Grading Permit and Building Permits; (e) The Hotel Management Agreement shall have been agreed to and executed by all of the parties thereto, with the effectiveness thereof subject only to the consummation of the Close of Escrow; (f) The Developer shall have received all discretionary permits and approvals that are required to complete the construction of the Developer’s Improvements from any and all non-City governmental agencies having jurisdiction over the Project Site and all such discretionary permits and approvals shall be final beyond any applicable appealable periods; (g) The Loan Documents shall have been executed, with the effectiveness thereof subject only to the consummation of the Close of Escrow, in an amount sufficient to pay the Developer’s Debt Contribution; (h) Developer shall have considered and approved items set forth in Section 1.3; (i) The Developer shall have received evidence that the City has received required approvals from any and all third parties; (j) The City shall have amended or terminated the overflow parking agreement with JW Marriott on Lot E; and (k) Developer shall have approved the City Well Usage Agreement. 5.4 Existing Approvals; Cooperation Between Parties. (a) All approvals required by the City and Developer under this Agreement shall not be unreasonably withheld or denied (except where such actions are 72500.00920\34744746.2 -34- specifically said to be in the sole and absolute discretion of a Party) and, where specifically referenced in this Agreement or in the Schedule of Performance, shall be given within the times set forth in this Agreement or in the Schedule of Performance. (b) The City and Developer shall, to the extent reasonably necessary, cooperate with each other to enable each Party to perform its obligations under this Agreement; provided, however, that in the event that any Party is asked to provide cooperation, assurance, assistance, documentation, or investigation and such Party determines that complying with such request will be unlawful, unreasonably burdensome, unreasonably expensive, or unreasonably time consuming, such Party may refuse to cooperate, without liability to that Party, by providing notice to the Party requesting the cooperation. Notwithstanding this provision, this Section 5.4(b) does not limit City’s discretionary actions and City reserve the right to exercise discretionary actions, each in in its sole authority and in its sole and absolute discretion. (c) From and after the Execution Date, the City shall not use the Project Site for any uses other than legally permitted uses that would not reasonably be expected to materially and adversely affect the development or use of the Project. (d) Any Party, at its sole election, may in writing waive satisfaction of any of the conditions by another Party set forth in Section 5.2 or Section 5.3 that is to the benefit of such waiving Party only, or if it is to the benefit of two of the Parties, then upon the agreement between such Parties. Any such condition waived by a Party or two Parties, as applicable, shall be deemed to be “satisfied” for purposes of Section 5.2 or Section 5.3, as applicable. Any such waiver shall be set out in an Operating Memorandum in accordance with Section 9.9. 5.5 Physical Condition of the Project Site. The Developer agrees to unconditionally accept the Project Site SUBJECT TO ALL FAULTS AND CONDITION, “AS-IS”, “WHERE IS”, WITHOUT ANY WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION and with full knowledge of the physical condition of the Project Site, all Laws applicable to the Project Site, the Approved Title Exceptions and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Project Site. The Developer’s acceptance of the Project Site shall constitute the Developer’s representation and warranty to the City that the Developer is relying solely on its own investigation of the Project Site and has received assurances acceptable to the Developer by means independent of the City or any employee, official, consultant or agent of the City of the truth of all facts material to the Developer’s purchase of the Project Site pursuant to this Agreement, the Deed of Sale , and that the Project Site are being purchased by the Developer as a result of its own knowledge, inspection and investigation of the Project Site and not as a result of any representation(s) made by the City or City, or any employee, official, consultant or agent of the City or City relating to the condition of the Project Site. The City hereby expressly and specifically disclaim any express or implied warranties regarding the Project Site, except as expressly set forth in this Agreement. 5.6 Early Entry by Developer 72500.00920\34744746.2 -35- (a) The City shall provide Developer right of entry agreements, as required, by and between the Developer (collectively, the “Right of Entry Agreement”). 6. SALE OF CITY PROPERTY; CLOSE OF ESCROW. 6.1 Sale of City Property. City and Developer entered into the City POA, but agreed to transfer the deposit and terminate the City POA and replace it with a prior version of this Agreement. The City POA terms shall upon the execution of this Agreement inure to this Agreement and thereby shall provide for the sale of the City Property. The City Property shall be sold to the Developer pursuant to the Deed of Sale. On or before the Target Date set forth in the Schedule of Performance, the City and the Developer shall negotiate and agree on the form of Deed of Sale which shall include a right of repurchase by the City in the event that the Project has not obtained required building permits within fifteen (15) months of the Close of Escrow or not commenced construction within eighteen (18) months from the Close of Escrow. (a) Opening of Escrow; Updated Preliminary Title Reports. The Parties shall open an escrow with Foresite Escrow, or such other escrow company as the Parties may mutually select (the “Escrow Agent”) to consummate the Close of Escrow as herein provided. Within sixty (60) days of the Execution Date (“Delivery Date”), the Developer shall deliver to the City a preliminary title report (“Preliminary Title Report”) for the City Property prepared by Lawyers Title Insurance Company (the “Title Company”). (b) Developer has reviewed the Preliminary Title Report and has no objections to the items of record. 6.2 Execution and Delivery of Documents. The applicable Parties shall complete, execute and deliver the Closing Documents as set forth in Section 6.3(a). 6.3 Close of Escrow; Title Policies. Provided that each of the conditions in Sections 5.2 and 5.3 has been satisfied, or waived in writing by the Party or the Parties, as applicable, to whose benefit such condition exists, the Parties shall close the transaction contemplated by this Agreement (“Close of Escrow”) on or before the Target Date set forth in the Schedule of Performance (the “Closing Date”), but in no event earlier than the following conditions have been satisfied: (a) Escrow Agent and Title Company shall have received fully executed originals of all of the following documents (the “Closing Documents”), all of which Closing Documents shall be delivered not later than one (1) business day prior to the Closing Date: (i) Two (2) originals of the Deed of Sale, executed by the City and Developer; (ii) One (1) notarized original of the Memorandum of Deed of Sale, executed by the City and Developer, in recordable form; (iii) One (1) original Closing Statement, executed by the City; 72500.00920\34744746.2 -36- (iv) One (1) original Closing Statement, executed by the Developer; (v) As to each of the lenders involved in the Close of Escrow, one (1) original executed Closing Statement; and (vi) Such other customary and reasonable title and escrow documents reasonably required by the Title Company and Escrow Company for the Close of Escrow in a form and with terms reasonably acceptable to the Parties executing such documents and supplemental escrow instructions as may be reasonably required for the Close of Escrow. (b) The Title Company is irrevocably committed to issue to the Developer a policy or policies of title insurance related to the City Property in such form and amounts and with such special endorsements as may be reasonably required by the Developer and the Private Construction Lender, subject only to the Approved Title Exceptions; (c) The Title Company is irrevocably committed to issue to the City policies of title insurance related to the City Property in such form and amounts and with such special endorsements as may be reasonably required by the City, as applicable, subject only to the Approved Title Exceptions; (d) Escrow Agent shall have received from the Developer evidence that the Title Company is irrevocably committed to issue to the Private Construction Lender a lender’s policy of title insurance in the amount of the first lien mortgage, subject only to the Approved Title Exceptions, and with special endorsements as may be required by the Private Construction Lender; (e) Escrow Agent shall have received from the City and/or City evidence that the Title Company is irrevocably committed to issue to any public lender a lender’s policy of title insurance in the amount of the financing, subject only to the Approved Title Exceptions, and with special endorsements as may be required by the public lenders; (f) The Developer and the Escrow Agent shall have received from the City certification in writing that all conditions to Close of Escrow set forth in Section 5.2 have either been satisfied or waived; and (g) The City, the City and the Escrow Agent shall have received from the Developer certification in writing that all conditions to Close of Escrow set forth in Section 5.3 have either been satisfied or waived. 6.4 Commencement of Construction. Developer shall commence grading and construction of the Project only after the Close of Escrow. Construction shall be completed as in the Schedule of Performance. 6.5 Costs of Escrow; Title Insurance. 72500.00920\34744746.2 -37- (a) The Developer shall pay in escrow to the Escrow Agent the following fees, charges and costs promptly after the Escrow Agent has notified the Developer of the amount of such fees, charges and costs, but not earlier than ten (10) days prior to the Closing Date: (i) The escrow fee; (ii) All premiums for title insurance policies and special endorsements issued by the Title Company to the Developer and the Private Construction Lenders pursuant to Sections 6.3(b) and 6.3(d); (iii) Ad valorem taxes and assessments, including possessory interest taxes, upon the City Property accruing on and after the Closing Date; (iv) Any transfer taxes required to be paid at the Close of Escrow; (v) Any fees payable for the recordation of any of the Closing Documents in the Official Records of the County of Riverside; and (vi) One-half (1/2) of all other fees, charges and costs of escrow. (b) The City shall pay in escrow to the Escrow Agent the following fees, charges and costs promptly after the Escrow Agent has notified the City of the amount of such fees, charges and costs, and City has approved the same, but not earlier than ten (10) days prior to the Closing Date: (i) All premiums for title insurance policies and special endorsements issued by the Title Company to the City and the any public lender pursuant to Sections 6.3(c) and 6.3(e); (ii) The cost of any endorsements that are required to remove any Title Exception that the City has agreed to remove; and (iii) One-half (1/2) of all other fees, charges and costs of escrow. Except as otherwise set forth in this Agreement, each of the Parties shall be responsible for the costs of its own due diligence investigations or activities, including, without limitation, the costs of its own consultants and legal counsel. 7. DEFAULTS; REMEDIES. 7.1 General Developer Default. If, prior to the Close of Escrow and delivery of the City Property to Developer, the Developer shall fail to perform or fulfill any obligation required of it under this Agreement and/or under the Right of Entry Agreement and shall not have cured or commenced to cure such failure within thirty (30) days following written 72500.00920\34744746.2 -38- notice thereof from the City and/or the City (or has commenced to cure such failure, but is not diligently proceeding to cure such failure), then the Developer shall be in default under this Agreement (each such event or occurrence, a “Developer Event of Default”). In the event of a Developer Event of Default, the City may, each in its sole discretion, (a) extend the time for the Developer to perform the applicable obligation(s) hereunder for a period of time acceptable to the City beyond the cure period set forth in this Section 7.1, or (b) terminate this Agreement by giving written notice (as required under Section 2.4) of such termination to the other Parties. Upon termination, the rights and obligations of the Parties shall be as set forth in Section 8.3 and Article 8. 7.2 Default by City. If, prior to the Close of Escrow, the City shall fail to perform or fulfill any obligation required of such Party under this Agreement and/or under the Right of Entry Agreement and shall not have cured or commenced to cure such failure within thirty (30) days following written notice thereof from the Developer (or has commenced to cure such failure, but is not diligently proceeding to cure such failure), then the City or the City, as applicable, shall be in default under this Agreement (each such event or occurrence, a “Public Entities Event of Default” and, together with a Developer Event of Default, any “Event of Default”). In the event of a Public Entities Event of Default, the Developer may, in its sole discretion, (a) extend the time for the City or the Developer, as applicable, to perform the applicable obligation(s) hereunder for a period of time acceptable to the Developer beyond the cure period set forth in this Section 7.2, or (b) terminate this Agreement by giving written notice (as required under Section 2.3) of such termination to the other Parties. Upon termination, the rights and obligations of the Parties shall be as set forth in Section 7.4 and Article 8. 7.3 Force Majeure. Notwithstanding anything to contrary contained herein, neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party limited to the following events that actually directly impact and cause delay the Project: fire, floods, seismic events, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, pandemics, or other acts of God. 7.4 Remedies Exclusive. (a) Because of the nature of this Agreement, the Parties agree that remedies expressly set forth in this Agreement are the only remedies available to the Parties. (b) The Developer shall not have any remedy for money damages against the City except for return of the Deposit in accordance with Article 8. 72500.00920\34744746.2 -39- (c) The City shall not have any remedy for money damages against the Developer, except for retention of the Deposit in accordance with Article 8. (d) The City, and the Developer, as applicable, shall be entitled to compel specific performance of the other Party’s(ies’) obligation to meet and confer in accordance with Section 5.1. (e) Except as set forth in Section 7.4(d), the Parties shall not have any remedy for specific performance against any other Party. 7.5 Dispute Resolution. The Parties shall, before the commencement of any lawsuit or court action against any other Party relating to this Agreement or the Project, attempt in good faith to settle their dispute by third-party mediation. 8. EVENTS OF TERMINATION; RIGHTS AND OBLIGATIONS OF PARTIES. 8.1 Events of Termination. This Agreement shall automatically terminate if any of the following events (an “Event of Termination”) occur prior to Close of Escrow: (a) The Early Expiration Date or expiration of any Extension Period without an approved Extension or expiration of the final Extension Period; (b) Termination of this Agreement by any Party pursuant to Section 3.1(c); (c) Termination of this Agreement by the Developer pursuant to Section 4.14; (d) Termination of this Agreement by any Party pursuant to Section 5.1(b); (e) Termination of this Agreement by any Party pursuant to Section 5.1(d); (f) Termination of this Agreement by the Developer by reason of a Public Entities Event of Default or by the City or the City by reason of a Developer Event of Default, in each case, pursuant to Article 7; and (g) The failure to otherwise satisfy, by the Closing Date, the conditions set forth in Sections 5.2, 5.3 and 6.5, unless said failure is waived by the Party or Parties which the condition benefits. 8.1.1 Notwithstanding any of the foregoing, this Agreement will terminate upon the issuance of the final certificate of completion of all Improvements in the Project, if not earlier terminated. 8.2 Disposition of Deposit. 72500.00920\34744746.2 -40- (a) IF THIS AGREEMENT IS TERMINATED BY THE CITY PURSUANT TO SECTION 8.1(g), THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE DEPOSIT MAY BE RETAINED BY THE CITY AND CITY AS LIQUIDATED DAMAGES AND AS THEIR PROPERTY WITHOUT ANY DEDUCTION, OFFSET OR RECOUPMENT WHATSOEVER BY THE DEVELOPER. IF THE DEVELOPER SHOULD DEFAULT UPON ITS OBLIGATIONS HEREUNDER, ANY SUCH TERMINATION OF THIS AGREEMENT WOULD RESULT IN IMMEASURABLE DAMAGE AND LOSS TO THE CITY. IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO THE CITY, BUT THE PARTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL THE AMOUNT OF THE DEPOSIT, AND THE AMOUNT OF SUCH DEPOSIT SHALL BE PAID TO THE CITY UPON ANY SUCH OCCURRENCE AS THE TOTAL OF ALL LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEVELOPER EVENTS OF DEFAULT AND NOT AS A PENALTY. THE DEVELOPER AND THE CITY SPECIFICALLY ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION BY THEIR SIGNATURES HERE: CITY: By: DEVELOPER: By: (b) If this Agreement is terminated by reason of a Developer Event of Default, then the City shall promptly return or release the Deposit then held by the City to the Developer as the Developer’s sole remedy hereunder. 8.3 Effect of Termination. (a) Following the Close of Escrow, the provisions of this Agreement shall be governed by Article 8, and the rights and obligations of the parties under the Deed of Sale and shall be governed by those documents. (b) If this Agreement is terminated or expires, then the City shall have the absolute right to enter into agreements relating to the Project, Project Site, Developer’s Improvements and the City Property with any developer or operator and brand of its choosing. The City shall not have the right to discuss any aspect of the Project with any prospective or subsequent developer, operator, or brand absent full and final termination of this Agreement. (c) Except as otherwise expressly provided in this Article 8 and in subsection (d) below, upon an Event of Termination none of the Parties shall have any further rights, obligations or remedies to or against any other Party pursuant to this Agreement. 72500.00920\34744746.2 -41- (d) Notwithstanding termination of this Agreement, the Parties agree that the following provisions shall survive such termination to the extent and for such period as necessary to give them full force and effect under the circumstances giving rise to termination of this Agreement: (i) Section 1.3(c); (ii) Section 4.6; (iii) Section 4.10; (iv) Section 8.2; and (v) this Section 8.3. 9. MISCELLANEOUS PROVISIONS. 9.1 Real Estate Commissions. Neither Party shall be liable for any real estate commission or brokerage fees which may arise from this Agreement. Each Party represents that it has engaged no broker, agent or finder in connection with this Agreement, and each Party agrees to hold the other Party or Parties harmless from any claim by any broker, agent or finder retained by such Party. 9.2 Time of Essence. Time is of the essence in the performance of the respective obligations of the Parties under this Agreement. 9.3 Consent. The City shall reasonably cooperate with the Developer in the preparation and submittal of any governmental applications the Developer must submit in the furtherance of this Agreement. The City further agree to reasonably cooperate with the Developer in the timely processing of any such applications. 9.4 Entire Agreement. This Agreement consists of forty-six (46) pages together with Attachment Nos. 1 through 9, inclusive, which are attached hereto and incorporated herein by this reference, which constitute the entire agreement between the Parties. 9.5 Interpretation. This Agreement has been negotiated at arm’s length and between Persons sophisticated and knowledgeable in the matters dealt with herein. In addition, each Party has been represented by experienced and knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it, is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of this Agreement. 72500.00920\34744746.2 -42- 9.6 Governing Law. This Agreement shall be governed by the laws of the State of California. 9.7 Captions. The captions used herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or the intent of any Section hereof. 9.8 No Third Party Rights. Nothing in this Agreement shall create or shall give to third parties any claim or right of action against the City, the City or the Developer beyond such as may legally exist, irrespective of this Agreement. 9.9 Modification or Amendment of Agreement; Operating Memoranda. (a) No change in, modification to, termination or discharge of this Agreement in any form whatsoever shall be valid or enforceable unless it is in writing and signed by the Party to be charged therewith or its duly authorized representative. (b) The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation, and that new information and future events may make appropriate changes with respect to the details of performance of the Parties under this Agreement. If, as a result of a Periodic Review provided for in Section 5.1, or otherwise from time to time prior to the Early Expiration Date or during any Extension Period, the Parties find that non-substantive refinements or adjustments that do not require any public review or approval and that concern details of performance of the Parties hereunder, are necessary or appropriate, they may effectuate such refinements or adjustments through a memorandum (individually, “Operating Memorandum”, and collectively, “Operating Memoranda”) approved by the Parties which, after execution, shall be attached to this Agreement as addenda and become a part hereof. Operating Memoranda must be executed on behalf of the City by its City Manager or designee, and on behalf of the Developer by its authorized representative. Operating Memoranda shall not require prior notice or approval by the City Council, and shall not constitute an amendment to this Agreement. (c) Any substantive or significant modifications to the terms and conditions set forth in this Agreement, such as an increase of the Public Investment Amount, reduction in insurance or indemnity requirements, or waiver of any discretionary approval requirement, shall be processed as an amendment of this Agreement, and must be approved by the Developer, and City Council. 9.10 Waiver. No waiver or any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions and conditions hereof. 9.11 Severability. If any term, covenant or condition of this Agreement or the application thereof to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant 72500.00920\34744746.2 -43- or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by Law. 9.12 Integrated Agreement. This Agreement, including the attached exhibits, contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this Agreement and may not be modified or amended except as set forth in this Agreement. 9.13 Certificates. (a) On or before the Target Date set forth in the Schedule of Performance, the Developer shall provide to the City an incumbency certificate, in form and substance reasonably satisfactory to the City and signed by a duly authorized officer of the Developer, certifying that Doug Sheres, John Luff and Don Rady are duly authorized to execute this Agreement on behalf of the Developer, and attaching a copy of the Limited Liability Company Agreement of Desert Wave Ventures, LLC and any applicable resolutions. (b) On or before the Target Date set forth in the Schedule of Performance, the City shall provide to the Developer a copy of the resolution duly adopted by the City Council, evidencing that the City Manager is authorized to execute this Agreement on behalf of the City. (c) On or before the Target Date set forth in the Schedule of Performance, the City shall provide to the Developer a copy of the ordinance duly passed and adopted by the City Council, evidencing that the Mayor of the City is duly authorized to execute this Agreement on behalf of the City. 9.14 Counterparts. This Agreement may be executed in counterparts which taken together shall constitute one agreement. 9.15 Public Records. (a) The City is subject to the provisions of the California Public Records Act (Cal. Gov. Code § 6250, et seq.), (the “Act”). The City’s use and disclosure of public records are governed by the Act. (b) In the event that any lawsuit, action, or other legal proceeding is brought against City by any person(s) or entity(ies) seeking the disclosure of the information Developer has provided to City under any theory (collectively the “Actions”), Developer hereby agrees to release City from any such liability and to defend, indemnify and hold harmless City from any such Actions. Developer agrees and acknowledges that City has the sole and exclusive right to choose its legal counsel in its defense of the Actions, and Developer agrees to fully and promptly reimburse all legal fees and costs incurred by City in the defense of the Actions no later than thirty (30) days after Developer’s receipt of a reimbursement invoice with supporting documentation. Developer further agrees that any award of monetary damages, fees and costs, or 72500.00920\34744746.2 -44- otherwise that may be legally imposed upon City in the Actions, relating to the information Developer has articulated as being exempt from disclosure under the Act or any other relevant laws, shall be fully and promptly paid by Developer to the Court, plaintiff(s) in the Actions, or any other third party as may be required by any such award no later than thirty (30) days after Developer’s receipt of City’s written demand for such payment unless earlier ordered by the Court. 9.16 Incorporation by Reference of Recitals. The Recitals are hereby incorporated into this Agreement by reference as if set forth herein in full. [Signatures on Following Pages] 72500.00920\34744746.2 -45- DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Hotel, Residential Units, Surf Center & Lagoon Project Signatory Page CITY: Date: _____________, 2022 CITY OF PALM DESERT, a charter city and municipal corporation By: _____________________, Mayor APPROVED AS TO FORM: By: ROBERT HARGREAVES City Attorney 72500.00920\34744746.2 -46- DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Hotel, Residential Units, Surf Center & Lagoon Project Signatory Page DEVELOPER: Date: ___________2022 DESERT WAVE VENTURES, LLC, a Delaware limited liability company By: FS VENTURES, LLC, a Delaware corporation, Its Manager By: Don Rady Its: Managing Member APPROVED AS TO FORM: By: Marco A. Gonzalez, Counsel 72500.00920\34744746.2 -47- CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , before me, , a Notary Public, personally appeared ___________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________________________ A notary public or other office completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 72500.00920\34744746.2 A1-1 ATTACHMENT NO. 1 SCOPE OF DEVELOPMENT I. GENERAL The Project and all related public improvements shall be designed and constructed substantially in accordance with the provisions of this Agreement, including without limitation the Laws, and all specifications, drawings, plans, data, reports, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents (collectively, “Plans and Specifications”) and related documents to be approved by the City pursuant hereto. The City staff, the City’s engineers, the Developer and the Developer’s architects, engineers, General Contractor and subcontractors shall coordinate with respect to the overall design, architecture and nature of the improvements on the Project Site. In the event of any conflict between the contents of this Scope of Development and the Agreement, the provisions of the Agreement shall prevail. II. DEVELOPER’S IMPROVEMENTS Subject to the terms and conditions of this Agreement, including all attachments hereto, the Developer shall be responsible for the design and construction of all of the following improvements (collectively, the “Developer’s Improvements”): A. Approximately 17.68 acre Surf Lagoon Resort and Amenities comprised of: 1. Minimum 5.0 acre Surf Lagoon with wave generating equipment. 2. Surf Center Building a minimum of 6,000 sq. ft. and maximum of 15,000 sq. ft., to include surf welcome area, ticketing, wetsuit rental/drying, board rental, office space, training area, flex space, and retail facility. 3. Developer to construct a hotel and residential unit project pursuant to the amended Specific Plan and Precise Plan that allows up to 350 hotel rooms in one hotel and complies with the following requirements: a. Project shall include a minimum of 175 keys: the Hotel shall have a minimum of 92 hotel room keys and the residential component shall have a minimum of 83 Residential Units including at least 40 keys (lock off units). b. Hotel and related facilities shall include multiple restaurants, spa facilities, pool facilities and group meeting space commensurate with hotel/villa upper upscale brand, size and needs. 72500.00920\34744746.2 A1-2 c. Hotel shall be designed to meet the standards of an AAA 4 Diamond rating d. Hotel shall be an independent boutique or shall carry the flag of a major hotel brand (Marriott, Hilton, Hyatt). AAA 4 Diamond rating requirements shall dictate investment requirements for the hotel amenity and room packages, including the desired mix of rooms, suites and Residential Units. However, any “extended stay” or “time share” hotel shall not be permitted without prior written approval by the City. e. Evidence and consent of a market based commercially reasonable Hotel Developer/Operator agreement with a partner that has a minimum of 10 years’ experience operating Upper Upscale or Luxury hotels or resorts. 4. Proprietary wave producing machinery and accompanying surf lagoon control building. 5. All ancillary Support Facilities to support wave operations in accordance with Specific Plan including maintenance, guest service, F&B, parking and common area. 6. Private Water Well approval, permitting, construction and operation on Project Site, if development of a private water well on the Project Site is legally and technically feasible. 7. Circular roadway around project perimeter for fire and residential ownership access. 8. Landscape, Open Space, and Swimming Pools equating to a minimum of 20% of the Project Site. 9. Parking – Not less than: a. 151 parking structure stalls for Surf Center parking and Desert Willow overflow parking; b. 96 on-site surface parking stalls for Surf Center and Desert Willow overflow parking; c. Hotel parking as required by the Existing Approvals to include 30 on-site parking stalls and 62 off-site parking stalls; and d. 226 surface stalls of off-site parking to meet mitigation requirements of the Existing Approvals 72500.00920\34744746.2 A1-3 B. Misc. Items: 1. Construct freshwater intake line from City owned 15” extant water line to west boundary line of SARDA Parcel B consistent with Existing Approvals or in substantial conformance with the Improvement objective. 2. Construct on-site and accompanying off-site storm-water discharge system draining to dry wells and waste areas on the Mountain View golf course or in substantial conformance with the Improvement objective. 3. Construct evacuation line to dry wells and golf course irrigation lake system (through Embarc property) consistent with Existing Approvals or in substantial conformance with the Improvement objective. 4. Construct tie-in sewer line to CVWD owned extant line west of the site adjacent to Westin Desert Willow Villas consistent with Existing Approvals or in substantial conformance with the Improvement objective. 5. Provide emergency gate access point for emergency vehicles at northerly and westerly corner of site adjacent to Westin Desert Willow Villas consistent with Existing Approvals, as required by Palm Desert Fire Department. 6. Provide funding consistent with the Turf Reduction Program Funding Agreement. 7. Construct improvements for overflow parking needs of the Desert Willow Golf Resort. 8. Construction of all utility connections to support the project. C. All Conditions of Approval identified in the Existing Approvals. D. All Mitigation Measures identified in the Existing Approvals. III. ARCHITECTURE AND DESIGN The Developer’s Improvements shall be of high architectural quality and be sufficiently landscaped, as approved by the Architectural Review Committee. The Construction Documents and the Building Permit Application shall describe the architectural character intended for the Developer’s Improvements. 72500.00920\34744746.2 A5-1 ATTACHMENT NO. 2 PRELIMINARY PLAN OF FINANCE Debt—Debt capital is available in the market via debt funds, hybrid funds, traditional lending institutions, and other public and private capital providers. We are currently working with a number of groups to underwrite different components of the project (residential, hotel, and surf destination). Equity—Equity is available in the market via different fund structures, larger institutions, smaller family office providers, and individual investors. To date, DSRT is funded by a handful of individuals with one substantial individual investor—our Managing Member-- anchoring the project. This investor is committed to seeing the project through and has already committed more than $10 mln to date. Incentive dollars—The project will utilize up to $20 mln of Redevelopment Agency bond dollars for construction. Given that the project will have a substantial amount of public parking, there is ample opportunity to utilize these funds. Exhibit A DSRT Surf Consolidated Lagoon Hotel Resi Flats Resi Villas (in 000’s) (in 000’s) (in 000’s) (in 000’s) (in 000’s) Total Project $ 225,853 $ 72,482 $ 80,169 $ 36,532 $ 36,670 GP $ 12,598 $ 3,497 $ 3,617 $ 2,717 $ 2,767 LP $ 95,722 $ 31,470 $ 32,553 $ 15,794 $ 15,906 Total Equity $ 108,358 $ 34,966 $ 36,170 $ 18,549 $ 18,673 RDA subsidy $ 20,000 $ 10,000 $ 10,000 $ 0 $ 0 Construct loan $ 97,532 $ 27,516 $ 33,999 $ 18,020 $ 17,997 Sources Uses $ 225,853 $ 72,482 $ 80,169 $ 36,532 $ 36,670 72500.00920\34744746.2 A5-2 ATTACHMENT NO. 3 FORM OF PROJECT BUDGET DEVELOPMENT COSTS ($) % of Total Hard Costs (Inc. Contingency) $171,620,948 75% Soft Costs (Inc. Contingency) $54,232,219 24% Total Development Costs* $225,853,167 100.0% *Non-Inclusive of Financing Costs 72500.00920\34744746.2 A5-3 ATTACHMENT NO. 4 MAP OF PROJECT SITE; MAP SHOWING GENERAL LOCATION OF ELEMENTS OF THE PROJECT 72500.00920\34744746.2 A5-4 ATTACHMENT NO. 5 LEGAL DESCRIPTION OF PROJECT SITE For SARDA Property All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 8 of Tract No. 28450, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 264, Pages 4 through 15 of Maps, Records of Riverside County. Excepting therefrom all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove the same, according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609) as reserved in the Patent recorded February 4, 1960 as Instrument No. 9510, of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1901 of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1895 in Book 1845, Page 474 of Official Records of Riverside County, California; Also excepting one half of all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land, without right of surface entry and with the obligation of grantor herein and any transfers thereof to repair any damage to said land and/or any improvements now or hereafter constructed thereon resulting from the extraction of said minerals by deed recorded February 8, 1985 as Instrument No. 27280 of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land without the right of surface entry and with the obligation of grantor herein and any transferee thereof to repair any damage to said land and/r any improvements now or hereafter constructed thereon resulting from the extraction of said minerals, as reserved by deed recorded January 31, 1991 as Instrument No. 36436 of Official Records of Riverside County, California; said mineral rights interests now purportedly vest in Lois A. Taylor, Jacqueline Y. Schaper, Jeanelle N. Stehly, Chadwick J. Mc Donald, Kevin O. Mc Donald, as to an undivided 1/5 72500.00920\34744746.2 A5-5 interest each as evidenced by Quitclaim Mineral Deed recorded June 1, 1993 as Instrument No. 204127 of Official Records of Riverside County, California; Also excepting therefrom all oil, gas and other hydrocarbon substances and minerals in and under said land, as set forth in the deed from John J. Kovacevich and Beverly Ellen Kovacevich, husband and wife recorded January 20, 1959 as Instrument No. 5010 of Official Records of Riverside County, California, without right of surface entry to a depth of 500 feet; Except one half of all oil and mineral rights as reserved by Lucille Sleeper in Document recorded March 20, 1956 in Book 1883, Page 571 of Official Records of Riverside County, California; Also excepting therefrom one half of all oil and minerals, as reserved by Lucille Sleeper by deed recorded December 14, 1961 as Instrument No. 107309 of Official Records of Riverside County, California. Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1897 of Official Records of Riverside County, California. Also except therefrom that portion of said land conveyed to the City of Palm Desert, a Municipal Corporation, as set forth and described in that certain document recorded November 6, 2014 as Instrument No. 2014-0428272 of Official Records. APN: 620-420-023 For City Property: All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of Lot 8 of Tract No. 28450, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 264, Pages 4 through 15, inclusive, of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Westerly terminus of that certain course in the Northerly line of said Lot 8 shown as “N 89°46’41” W 293.56’” on said map; Thence along said Northerly line S 89°46’41” E 293.56 feet to the West line of Desert Willow Drive, and to the beginning of a non-tangent curve concave to the East having a radius of 137.00 feet and to which beginning a radial line bears S 88°57’01” W; Thence along said Wet line Southeasterly 170.74 feet along said curve through a central angle of 71°24’21” to the beginning of a reverse curve concave to the Southwest having 72500.00920\34744746.2 A5-6 a radius of 65.00 feet, a radial line through said beginning of reverse curve bears N 17°32’40” E; Thence continuing along said West line Southeasterly 51.87 feet along said curve through a central angle of 45°43’21” to the beginning of a compound curve concave to the Southwest having a radius of 526.00 feet; Thence continuing along said West line Southeasterly 36.97 feet along said curve through a central angle of 4°01’37”; Thence leaving said West line S 46°18’47” W 347.14 feet; Thence N 43°41’13” W 394.66 feet to the Northerly line of said Lot 8; Thence along said Northerly line N 54°05’23” E 97.66 feet; Thence continuing along said Northerly line N 0°50’56” E 92.68 feet to the point of beginning. APN: 620-400-008; 620-420-024 72500.00920\34744746.2 A6-1 ATTACHMENT NO. 6 FORM OF CITY COST REIMBURSEMENT AGREEMENT 72500.00920\34744746.2 A7-2 REIMBURSEMENT AGREEMENT Between CITY OF PALM DESERT a California municipal corporation and DESERT WAVE VENTURES, LLC, a Delaware limited liability company 72500.00920\34744746.2 A6-3 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is made this ___ day of ________, 20__, by and between the City of Palm Desert, a California municipal corporation (the "City"), and Desert Wave Ventures, LLC, a Delaware limited liability company registered to do business in the State of California (the "Applicant"). RECITALS This Agreement is made with respect to the following facts. A. The Applicant is in contract to purchase of that certain real property ("Property") located within the City of Palm Desert, County of Riverside, California. The Property is more particularly described in attached Exhibit A. B. The Applicant is contemplating a development described as the 17.68 acre DSRT Surf project described in Environmental Impact Report Project SCH #2019011044 and its Addendum, consisting of a 5.5 acre surf lagoon and surf center facility to include restaurant, bar, retail and similar facilities, a minimum of 92 and a maximum of 350 hotel rooms and up to 83 for-sale residential units which is referred to as the "Project." C. To provide the City with the planning, environmental and legal services, and other expertise and information necessary to the City's review process concerning the development of the Property, it is necessary for the City to access the services of various consultants for the Project beyond those whose fees are paid through traditional permit and application fees ("Consultants"). D. As a condition to the City's completion of the review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's review process in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows: 1 Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City to Retain Consultants. As a necessary and indispensable part of its fact-finding process relating to the review and processing of the Applicant's 72500.00920\34744746.2 A6-4 proposed uses of the Property and Project, the City shall retain the services of Consultants as the City may deem necessary in its reasonable and sole discretion. The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law including, without limitation, the California Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants. 3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants and City. The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 4. Applicant's Reimbursement of Costs and Expenditures. The Applicant shall reimburse the City for one hundred percent (100%) only of the actual costs and expenditures incurred after November 14, 2019 by the City relative to the Consultant costs ("Costs".) The City has preliminarily reviewed the scope of work required and has estimated the Costs to be approximately Fifty Thousand Dollars ($50,000) (“Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit the initial deposit in the amount of $50,000 to cover 100% of the consultant costs The City shall provide copies of monthly invoices prepared by consultants, with confidential information removed, and the applicant shall make additional deposits to adequately cover the anticipated consultant costs. 5. Applicant's Approval of Excess Costs and Expenditures. City shall not exceed the Estimated Consultants Costs without the Applicants prior written approval. The City may incur aggregate Costs up to the Estimated Costs, subject to the reasonable approval of the Applicant. The City shall use reasonable good faith efforts to consult with the Applicant incurring Costs that exceed the Estimated Costs ("Excess Costs"). The Applicant's obligation to reimburse the City for Excess Costs which exceed the Estimated Costs shall be contingent upon, the City's providing the Applicant with written notice of the amendment of the “Estimated Costs” to be performed by Consultants and the estimated Excess Costs prior to the commencement of work. The City shall not incur Excess Costs without the prior written approval of the Applicant; however in the event that Applicant does not approve of Excess Costs, City shall not be required to continue processing of the Project. 72500.00920\34744746.2 A6-5 For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's may terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to the Consultants. 6. Evidence of Payment of Consultant Costs Immediately following the City's disbursement of funds to Consultant pursuant to an approved Professional Services Agreement or similar retainer agreement with the Consultant(s), the City shall provide the Applicant with such reasonable documentation as the Applicant may request to substantiate any demands for payment by Consultant(s). 7. Applicant understands and agrees that City reserves complete discretion and authority regarding the (a) outcome of the Project, (b) contents, scope, analysis and conclusions of the Consultant(s) and Consultant documents, including plans, staff reports, ordinances, resolutions, maps, conditions, mitigation measures, and environmental review documents and findings, (c) and City determinations and decisions on the Project. Nothing in this Agreement shall in any way commit or obligate City to approve any particular development project application or to support the development of any part of it. 8. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City and fully executed by the parties and shall terminate when all work required been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement including, without limitation, the obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultant(s) prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the termination of this Agreement pursuant to Section 9. 9. Early Termination. The City may terminate this Agreement prior to the term set forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this Agreement prior to the end of the term set forth in Section 8 above upon thirty (30) days' prior written notice to the City; provided, however, that the Applicant has satisfied all of its obligations under this Agreement to the date of termination regarding reimbursement to the City of both Estimated Costs and Excess Costs and, furthermore, that the Applicant has given City written notice withdrawing its application(s) for the Project. Within two (2) City working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the Consultant(s) and instruct 72500.00920\34744746.2 A6-6 them to cease work. Consultant(s) shall be instructed to bill the City for any work completed prior to the date of termination. 10. Assignability. This Agreement may not be assigned by either party without the prior and express written consent of the other party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 11. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant. 12. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 13. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City’s approval of development of the Property, the environmental process, or the proposed uses of the Property. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and costs incurred by the City as a result of such third party action or proceeding; provided, however, Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, in the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and costs. 14. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. 72500.00920\34744746.2 A6-7 15. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Palm Desert, Riverside County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Riverside, California. The City and the Applicant each consent to the jurisdiction of the Court in any such action or proceeding. 16. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 17. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 18. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 19. Notices. Notices required under this Agreement shall be sent to the following: If to the City: City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 If to the Applicant: Desert Wave Ventures, LLC Attn: Don Rady 1555 Camino Del Mar Del Mar, CA 92014 Notices given pursuant to this Agreement shall be deemed received as follows: (1) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (2) If by facsimile - upon transmission and actual receipt by the receiving party. (3) If by express courier service or hand delivery - on the date of receipt by the receiving party. 72500.00920\34744746.2 A6-8 The addresses for notices set forth in this Section 19 may be changed upon written notice of such change to either the City or the Applicant, as appropriate. Dated: ________________________ CITY OF PALM DESERT a California municipal corporation By: ______________________________ ___________, Mayor ATTEST: By: ______________________________ Norma I. Alley, MMC, City Clerk APPROVED AS TO FORM: By: ______________________________ Robert W. Hargreaves, City Attorney Dated: _________________________ APPLICANT: ___________________________________ By: ___________________________________ Name/Title Dated: _________________________ APPROVED AS TO FORM: By: __________________________ Applicant’s Counsel Dated: _________________________ 72500.00920\34744746.2 A7-9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , before me, , a Notary Public, personally appeared ___________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________________________ A notary public or other office completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 72500.00920\34744746.2 A6-10 Exhibit "A" Description of the Property Approximately 17.68 acres known as APN 620400008, 620420024 and 620420023 in the City of Palm Desert, County of Riverside, California. 72500.00920\34744746.2 A7-1 ATTACHMENT NO. 7 FORM OF ACQUISITION AGREEMENT 72500.00920\34744746.2 A7-2 THIS ACQUISITION AGREEMENT (the “Acquisition Agreement”), dated as of ___________________, 202_, is by and between the City of Palm Desert, a charter city existing under the laws and Constitution of the State of California (the “City”), and Desert Wave Ventures, LLC, a Delaware limited liability company registered to do business in the State of California (the “Developer”). ARTICLE I DEFINITIONS Section 1.1. Definitions. The following terms shall have the meanings ascribed to them in this Section 1.1 for purposes of this Acquisition Agreement. “Acceptable Title” means title to a Facility or land, in form acceptable to the City Manager, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, and, with respect to land, as evidenced by such title guaranty or title insurance as the City Manager may require, but subject to any exceptions determined by the City Manager as not interfering with the actual or intended use of the land. “Acceptance Date” means the date the City Council takes final action to accept dedication of or transfer of title to a Facility. “Acquisition Agreement” means this Acquisition Agreement, together with any Supplement hereto. “Actual Cost” means the substantiated cost of a Facility, which costs may include: (i) the costs incurred by the Developer for the construction of such Facility (evidenced by payments to parties unrelated to the Developer), (ii) the documented costs incurred by the Developer in preparing the Plans for such Facility, (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for such Facility, (iv) documented professional costs incurred by the Developer associated with such Facility, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; and (v) costs directly related to the construction and/or acquisition of a Facility, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder). Actual Cost may include (a) an amount not in excess of 7.0% of the cost described in clause (i) of the preceding sentence in respect of any construction management or project management or other similar fee payable to the Developer or any party related thereto, and (b) any financing fees, costs or charges, or any interest, cost of carry or other similar charges. “Affiliate” means any entity with respect to which 50 percent or more of the ownership or voting power is held individually or collectively by any of the Developer and any other entity owned, controlled or under common ownership or control by or with, the Developer or its managing member(s), general partner(s), or majority shareholder, as applicable, and includes all general partners of any entity which is a partnership. Control 72500.00920\34744746.2 A7-3 shall mean ownership of 50 percent or more of the voting power of or ownership interest in the respective entity. “City” means the City of Palm Desert, California. “City Manager” means the City Manager of the City or or the written designee of such officer acting as such under this Acquisition Agreement. “Civil Code” means the Civil Code of the State of California. “County” means the County of Riverside, California. “Development Agreement” means the Disposition and Development Agreement, dated as of ______________, 2022 by and between the City and the Developer relating to the development of the Project, as it may be amended from time to time. “Developer” means Desert Wave Ventures, LLC, and its successors and assigns to the extent permitted under Section 9.7 hereof. “Facilities” means the public facilities which are described in Exhibit A hereto. “Finance Director” means the Finance Director of the City, or the written designee of such officer acting as such under this Acquisition Agreement. “Government Code” means the Government Code of the State of California. “Hotel” means the primary and accessory structures associated with a minimum of 92 and a maximum of 350 overnight accommodation rooms, grounds and parking facilities associated therewith, described in the Environmental Impact Report for DSRT Surf, Project SCH #2019011044 and its Addendum. “Labor Code” means the Labor Code of the State of California. “Payment Request” means a document, substantially in the form of Exhibit C hereto, to be used by the Developer in requesting payment of a Purchase Price. “Plans” means the plans, specifications, schedules and related construction contracts for the design and construction of any Facility approved by the City or other entity that will own, operate or maintain such Facility when completed and acquired. “Progress Payment” means the amount paid by the City upon the attainment of certain Project Milestones, each as set forth on Exhibit B hereto. “Project” means that 17.68 acre DSRT Surf project described in Environmental Impact Report Project SCH #2019011044 and its Addendum, located on Lot B of Desert Willow Golf Course consisting of a 5.5 acre surf lagoon and surf center facility to include restaurant, bar, retail and similar facilities, a minimum of 92 and a maximum of 350 hotel rooms, and a minimum of 83 for-sale residential units. 72500.00920\34744746.2 A7-4 “Project Milestone” means the applicable conditions required to be completed or attained prior to each Progress Payment, as set forth on Exhibit B hereto. “Public Contract Code” means the Public Contract Code of the State of California. “Purchase Price” means the amount paid by the City for a Facility determined in accordance with Article IV hereof, being an amount equal to the Actual Cost of such Facility, but subject to any applicable limitations and reductions provided for in Article IV. “Residential Units” means the portion of the Project consisting of for-sale residential units, of which there shall be a minimum of 83 such units as defined in the Development Agreement. “Risk Manager” shall mean the person acting in the capacity of Risk Manager for the City. “RDA Bond Proceeds” shall mean the proceeds of bonds previously issued (specifically, the Palm Desert Financing Authority Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series A, B, C, and D, and the Palm Desert Financing Authority Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, B, and C) and transferred to the City pursuant to bond proceeds funding agreements previously approved by the California Department of Finance. “State” means the State of California. “Surf Center and Surf Lagoon” means that portion of the Project that includes a structure to be used for administration of surfing and recreational activities constructed at no less than 6,000 sq. ft. and no more than 15,000 sq. ft, and including restaurant, bar, cafe, and retail uses; a 5.5 acre surf lagoon with wave generating equipment; and, the grounds surrounding the Surf Center and Surf Lagoon providing pools, additional restaurants, surf schools, lockers, and other amenities available to patrons of the Surf Center and Surf Lagoon. “Supplement” means a written document amending, supplementing or otherwise modifying this Acquisition Agreement or any exhibit hereto. ARTICLE II RECITALS Section 2.1. The Development. The Developer is developing the Project within the City. Section 2.2. The Facilities. The Facilities are required as a condition of regulatory approval by the City, and the City and the Developer will benefit from a coordinated plan of design, engineering, and construction of the Facilities and the development of the Project. The Facilities, which pursuant to the Development Agreement are the subject of acquisition by the City from the Developer under this Acquisition Agreement or with respect to Facilities to be owned by a governmental entity 72500.00920\34744746.2 A7-5 other than the City, contribution by the City toward the Actual Costs thereof from RDA Bond Proceeds, are only the Facilities listed in Exhibit A hereto. Section 2.3. No Advantage to City Construction. The City, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the City directly of the Facilities. The Developer agrees to undertake construction of the Facilities in accordance with the requirements of, and subject to the terms and conditions of, this Acquisition Agreement. The Developer hereby represents that it has experience in the supervision of the construction of public facilities of the character of the Facilities. Section 2.4. Agreements. In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein. ARTICLE III CONSTRUCTION OF FACILITIES Section 3.1. Plans. The Developer shall cause Plans to be prepared for the Facilities and shall obtain the written approval of the Plans in accordance with applicable ordinances and regulations of the City or the governmental entity or utility that will own and operate the Facilities. Copies of all Plans shall be provided by the Developer to the City Manager upon request therefor, and, in any event, as built drawings and a written assignment of the Plans for any Facility shall be provided to the City prior to its acceptance of the Facility. Section 3.2. Duty of Developer to Construct. All Facilities to be acquired hereunder shall be constructed by or at the direction of the Developer in accordance with the approved Plans. The Developer hereby represents it has performed, and shall continue to perform, all of its obligations hereunder and has conducted, and shall continue to conduct, all operations with respect to the construction of the Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer has employed, and shall continue to employ, at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired by the City from the Developer hereunder. The Developer shall be obligated: (i) to construct and cause to be conveyed to the City, or other applicable governmental entity or utility, all Facilities as a condition of and pursuant to the terms of any applicable development agreement, improvement agreement, subdivision map, or regulatory approval, and (ii) to use its own funds to pay all costs thereof in excess of the Purchase Prices thereof to be paid therefor hereunder. 72500.00920\34744746.2 A7-6 The Developer shall not be relieved of its obligation to construct each Facility and convey each such Facility to the City in accordance with the terms hereof, even if because of the limitations imposed by Section 4.6 hereof, the Purchase Price for such Facility is less than the Actual Cost, or cost to the Developer, of such Facility. Section 3.3. Labor Code Provisions. Pursuant to Section 1781 of the Labor Code, the City hereby states, and the Developer hereby acknowledges, that the construction of the Facilities, the Project, and any portion thereof by the Developer, which will be paid in part out of public funds, is “public work” (as defined in Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies, and the Developer hereby agrees that it shall cause the construction of the Facilities, the Project, and any portion thereof, to be performed as “public work” as required by Section 1781 of the Labor Code. Without limiting the foregoing, the Developer agrees to comply with the provisions of Sections 1720 et seq. of the Labor Code with respect to prevailing wages with respect to the construction of the Facilities, the Project, and any portion thereof, and to provide to the City payment bonds meeting the requirements of Section 3.6 herein with respect to all such construction. Section 3.4. Relationship to Public Works; Qualified Contractors; Project Scheduling. The following shall apply to all contracts applicable to the Facilities and any portion thereof which will be the subject of a Payment Request hereunder: A. General. This Acquisition Agreement is for the acquisition by the City of the Facilities and is not intended to be a public works contract. The City and the Developer agree that the Facilities are of local, and not state-wide concern, and that the provisions of the Public Contract Code shall not apply to the construction of the Facilities. The City and the Developer agree that (i) the Developer shall award, or has awarded, all contracts for the construction of the Facilities and the portions thereof, (ii) this Acquisition Agreement is necessary to assure the timely and satisfactory completion of the Facilities, and (iii) compliance with the Public Contract Code with respect to the Facilities or portions thereof would work an incongruity and would not produce an advantage to the City. B. Selection of Qualified Contractors. The Developer represents and warrants it shall evaluate, or has evaluated, criteria such as experience, ability to perform on schedule, and financial ability, and such other criteria as recommended by the City Manager to determine qualified contractors for any contract for construction of a Facility or any portion thereof. Such contractors shall comply with any applicable City laws, rules, and regulations. C. Scheduling. At the request of the City Manager, the Developer shall develop, or cause to be developed, and shall maintain a project schedule, providing for all major project elements included in the construction of the Facilities to be acquired hereunder, so that the whole project is scheduled in an efficient manner. If a schedule is requested, the Developer shall provide the City Manager with complete copies of the schedule and each update to the schedule for the Director’s review. 72500.00920\34744746.2 A7-7 D. Periodic Meetings. From time to time at the request of the City Manager, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Facilities, and the progress in constructing and acquiring the same, and as to any other matter related to the Facilities or this Acquisition Agreement. The Developer shall advise the City Manager in advance of any coordination and scheduling meetings to be held with contractors relating to the Facilities in the ordinary course of performance of an individual contract. The City Manager shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the City Manager to resolve disputes or ensure the proper completion of the Facilities and any portions thereof. Section 3.5. Independent Contractor. In performing its obligations under this Acquisition Agreement, the Developer is an independent contractor and not the agent or employee of the City. The City shall not be responsible for making any payments directly or otherwise to any contractor, subcontractor, agent, consultant, employee or supplier of the Developer. Section 3.6. Performance and Payment Bonds. The Developer shall comply with all performance and payment bonding requirements of the City and other applicable public entities and public utilities with respect to the construction of the Facilities. As to the City, the Developer shall provide to the City payment bonds and performance bonds, which bonds shall meet the following requirements: A. Payment Bonds. Prior to commencement of construction under each construction contract relating to the construction of any Facility, the Project, or the Hotel, or any portion thereof, the Developer shall provide to the City a payment bond that (I) shall be in conformity with the requirements of the State Civil Code, Sections 9550 and 9554; (II) shall secure with respect to such contract the payment of claims of laborers (including but not limited to the payment of prevailing wages as required by Section 3.3 of this Acquisition Agreement), mechanics, material suppliers, and other persons as provided by law; and (III) otherwise shall be substantially in the form as set forth in Exhibit D. Provided that (a) 15 days have passed after the later of (i) the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the Civil Code or (ii) the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the Civil Code and (b) no such suit or lien has been filed at such time, at the applicable Developer’s written request submitted to the Risk Manager, the City shall provide such Developer with a letter confirming that the City no longer requires the applicable payment bond to be maintained in full force and effect. In the event a contractor to whom a Developer awards a contract for the construction of a Facility provides a payment bond meeting the requirements hereof, such contractor’s payment bond shall be deemed as the provision by such Developer of a payment bond hereunder. B. Performance Bonds. Prior to the commencement of construction on a Facility, the Developer shall require any contractor to whom a contract is awarded for the 72500.00920\34744746.2 A7-8 construction of such Facility to provide a performance bond for the benefit of the City, in substantially the form attached hereto as Exhibit E, securing such contractor’s obligations under such contract. Any performance bond provided hereunder shall be in form and substance satisfactory to the City Manager and, if applicable, meet the requirements of Government Code Sections 66499 through 66499.10 of the Subdivision Map Act. Section 3.7. Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any supplemental agreements, including change orders, required for the construction of the Facilities, the Project, or any portion thereof. All such contracts and supplemental agreements relating to construction of any Facility shall be submitted to the City Manager or, as to any such contracts and supplemental agreements entered into prior to the date of this Acquisition Agreement, the Developer represents and warrants they have been submitted to the City Manager. Prior approval of supplemental agreements by the City Manager shall only be required for such change orders which in any way materially alter the quality or character of the subject Facilities, provided, as to any such change orders meeting the thresholds set forth in the foregoing and entered into prior to the date of this Acquisition Agreement, the Developer represents and warrants it has obtained the prior approval of the City Manager. The City expects that such contracts and supplemental agreements needing prior approval by the City Manager will be approved or denied (any such denial to be in writing, stating the reasons for denial and the actions, if any, that can be taken to obtain later approval) within five (5) business days of receipt thereof by the City Manager. ARTICLE IV ACQUISITION AND PAYMENT Section 4.1. Inspection. Inspection relating to the applicable Project Milestones shall have been made in connection with each requested Progress Payment, as further set forth in Section 4.3 below. Progress Payments Nos. 3, 4 and 5 shall not be made by the City to the Developer until any and all Facilities required to be completed by the applicable Project Milestones for each such Progress Payment, as set forth on Exhibit B, have been inspected and found to be completed in accordance with the approved Plans by the City or other applicable governmental entity or utility. The City may make periodic site inspections of the Facilities to be acquired by the City hereunder; provided that in no event shall the City incur any liability for any delay in the inspection of any Facilities. For Facilities to be acquired by other public entities or utilities, the Developer shall be responsible for obtaining such inspections and providing written evidence thereof to the City Manager. The Developer agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities, subject to reimbursement therefor as an Actual Cost of the related Facility. Section 4.2. Agreement to Sell and Purchase Facilities. A. The Developer hereby agrees to sell the Facilities to the City or other applicable governmental entity or utility that will own a Facility, and the City hereby agrees to pay the Purchase Price thereof to the Developer, subject to the terms and conditions hereof. Except for payment of Progress Payments as provided in paragraph B. below, 72500.00920\34744746.2 A7-9 the City shall not be obligated to pay for the purchase of any Facility until the Facility is completed and the Acceptance Date for such Facility has occurred. B. The City has identified the Project Milestones to be completed or attained for any Progress Payment which may be the subject of a Payment Request prior to completion of the Facilities relating thereto, and paid pursuant to the terms of this Acquisition Agreement prior to completion of such entire Facility or Facilities, and such Project Milestones are set forth on Exhibit B. The parties hereto acknowledge a Facility does not have to be accepted by the City, or other applicable governmental entity or utility that will own a Facility, as a condition precedent to the payment of any Progress Payment relating thereto, but in no event shall any such payment be made until the requirements of the first paragraph of this Section 4.2.B. have been met. The Developer acknowledges that the Progress Payments, and the Project Milestones relating thereto, have been identified for payment purposes only, and that the City is not obligated to accept a Facility until the entire Facility has been completed, although at the sole discretion of the City Manager, the City may accept a portion of a Facility prior to completion of the entire Facility. C. In any event, the City shall not be obligated to pay any Progress Payment or the Purchase Price for any Facility except from RDA Bond Proceeds. The City hereby represents and warrants to the Developer that it has reserved and allocated RDA Bond Proceeds in the amount of up to $20,000,000.00 for the purpose of paying the Purchase Prices of the Facilities hereunder, and the Progress Payments toward such Purchase Prices, pursuant to the terms of this Acquisition Agreement. Section 4.3. Payment Requests. In order to receive a Progress Payment, inspection relating to the applicable Project Milestones shall have been made, and the Developer shall deliver to the City Manager: (a) a Payment Request in the form of Exhibit C hereto for such Progress Payment, together with all attachments and exhibits required by Exhibit C and this Section 4.3 to be included therewith (including, but not limited to, Attachment 1 to Exhibit C), and (b) if payment is requested for a Progress Payment for which one or more completed Facilities is required as a Project Milestone, (i) if the property on which the Facility is located is not owned by the City (or other applicable governmental entity or utility that will own the Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable governmental entity or utility that will own the Facility) Acceptable Title to the real property on, in or over which such Facility is located, as described in Section 5.1 hereof, (ii) a copy of the recorded notice of completion of such Facility (meeting the requirements specified in Section 4.6), (iii) an assignment to the City of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (iv) an assignment of the warranties and guaranties for such Facility, as described in Section 5.5 hereof, in a form acceptable to the City. In connection with each Progress Payment, the Developer shall submit such evidence satisfactory to the City Manager and the Finance Director that the Developer has completed or attained the applicable Project Milestones for such Progress Payment. 72500.00920\34744746.2 A7-10 Section 4.4. Processing Payment Requests. Upon receipt of a Payment Request for any Progress Payment and all accompanying documentation, the City Manager shall conduct a review in order to confirm that such request is complete, that the construction work relating to any Facility required to be completed by a Project Milestone for the applicable Progress Payment has been accomplished in accordance with the Plans therefor, and as to Progress Payments to verify and approve the Actual Cost of all Facilities, as described in Exhibit A, for purposes of adjustment of the aggregate Purchase Prices therefor pursuant to Section 4.6 herein. The City Manager, and a construction estimator retained by the City, shall also conduct such review as is required in the City Manager’ discretion to confirm the matters certified in the Payment Request. The Developer agrees to cooperate with the City Manager, and City’s construction estimator, in conducting each such review and to provide the City Manager with such additional information and documentation as is reasonably necessary for the City Manager to conclude each such review. Within ten business days of receipt of any Payment Request, the City Manager will begin to review the request for completeness and notify the Developer whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the City Manager will provide a written approval, or denial specifying the reason for any denial, of the request within 60 days of its submittal. Each Payment is subject to review and approval by the City Manager as to the amount and allocation, if any, of other project costs allocated to the costs of the Facilities. Section 4.5. Payment. Upon approval of the Payment Request by the City Manager, the City Manager shall sign the Payment Request and forward the same to the City’s Finance Director. Upon receipt of the reviewed and fully signed Payment Request, the City’s Finance Director shall, within the then current City financial accounting payment cycle but in any event within 60 business days of receipt of the approved Payment Request, cause the same to be paid but solely from RDA Bond Proceeds. The Purchase Price paid hereunder for any Facility shall constitute payment in full for such Facility, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility, as specified in the Plans. Section 4.6. Restrictions on Payments. Notwithstanding any other provisions of this Acquisition Agreement, the following restrictions shall apply to any payments made to the Developer under Sections 4.2 and 4.5 hereof: A. Amounts of Payments. Subject to the following paragraphs of this Section 4.6, Progress Payments shall be applied toward the Purchase Prices of the Facilities listed on Exhibit A. If the Actual Cost of all Facilities, in the aggregate, is less than $20,000,000.00, then Progress Payment No. 4 and 5 shall be reduced accordingly such that the total of all Progress Payments paid hereunder does not exceed the aggregate Actual Cost of all Facilities acquired, or paid from RDA Bond Proceeds, by the City hereunder; provided, further, if the aggregate Actual Cost of all Facilities exceeds 72500.00920\34744746.2 A7-11 $20,000,000.00, the aggregate Purchase Price paid under this Acquisition Agreement for all Facilities shall be reduced and limited up to $20,000,000.00. Nothing herein shall require the City in any event to pay more than the Actual Cost of a Facility. The parties hereto acknowledge and agree that all payments to the Developer for the Purchase Prices of Facilities are intended to be reimbursements to the Developer for monies already expended or, if made pursuant to Section 4.6.B. or 4.6.C. hereof, for immediate payment by the Developer (or directly by the City) to third parties in respect of such Facilities. B. Joint or Third Party Payments. The City may make any payment jointly to the Developer and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if the Developer so requests the same in writing or as the City otherwise determines such joint or third party payment is necessary to obtain lien releases. C. Withholding Payments. The City shall withhold payment for Progress Payment Nos. 4 & 5 until Acceptable Title to land on which any Facility required by the applicable Project Milestones to be completed in connection with such Progress Payment is conveyed to the City, as described in Article V hereof. The City shall withhold any payment hereunder for Progress Payment Nos. 4 & 5 until the City is satisfied that any and all claims for labor and materials have been paid by the Developer for any Facility required by the applicable Project Milestones to be completed in connection with such Progress Payment, or conditional lien releases in accordance with Section 8122 et seq. of the Civil Code have been provided by the Developer for such Facility. The City may waive this limitation upon the provision by the Developer of sureties, undertakings, securities and/or bonds of the Developer or appropriate contractors or subcontractors and deemed satisfactory by the Director of Public Works to assure payment of such claims. The City shall withhold Progress Payment Nos. 4 & 5 until: (i) the City Manager determines that the Facilities are ready for their intended use, (ii) the Acceptance Date for the Facilities has occurred and the requirements of Section 5.1, if applicable to any Facility, has been satisfied, (iii) a notice of completion executed by the Developer as an owner pursuant to Section 8182 of the Civil Code, reciting the name and address of the City as an owner of an interest as a vendee under a contract of purchase pursuant to Section 8182 of the Civil Code, and in a form acceptable to the Director or Public Works, has been recorded for the Facility, and (iv) general lien releases in accordance with Section 8122 et seq. of the Civil Code, conditioned solely upon payment to be used to acquire such Facility, has been submitted to the City Manager. The City shall withhold Progress Payment Nos. 4 & 5 until the Developer provides the City Manager with evidence that for any Facility to be owned by other governmental entities the governmental entity or utility has accepted dedication of, or title to, the Facility. If the City Manager determines that a Facility is not ready for intended use under (i) above, the City Manager shall so notify the Developer as soon as reasonably practicable in writing specifying the reason(s) therefor. 72500.00920\34744746.2 A7-12 Pending transfer of title of any Facility to the City, Developer will not use or permit the use of any such Facility. The Developer shall transfer title to the City of each Facility prior to any use of such Facility. D. Retention. With respect to Progress Payment No. 5, the City shall withhold an amount up to $2,000,000. Such retention will be released to the Developer upon (i) final completion and acceptance of the related Facilities required by the applicable Project Milestones to be completed in connection with such Progress Payment, (ii) the expiration thereafter of a maintenance/warranty period (or in lieu thereof, posting of a maintenance or warranty bond to remain in effect for such warranty period) consistent with applicable City policy and Section 5.5 hereof, (iii) the issuance of certificates of occupancy for 100% the Residential Units; and (iv) after review and approval by the City of the total aggregate Actual Costs of the Facilities and the allocation of other related project costs to the Facilities. No retention shall apply if the Developer proves to the City Manager’ satisfaction that the Developer’s contracts for the Facilities provide for the same retention as herein provided, so that the Purchase Price paid for the Facility or portion thereof is at all times net of the required retention. E. Frequency. No more than one Payment Request shall be submitted by the Developer in any calendar month. Section 4.7. Defective or Nonconforming Work. If any of the work done or materials furnished for a Facility are found by the City Manager to be defective or not in accordance with the applicable Plans: (i) and such finding is made prior to payment of the Progress Payment for which a percentage or all of the construction of such Facility is required pursuant to the Project Milestones relating to such Progress Payment, the City may withhold payment therefor until such defect or nonconformance is corrected to the satisfaction of the City Manager, or (ii) and such finding is made after payment of the Purchase Price of such Facility or portion thereof, but prior to the expiration of the applicable warranty period, the City and the Developer shall act in accordance with Section 5.5 hereof. ARTICLE V OWNERSHIP AND TRANSFER OF FACILITIES Section 5.1. Facilities to be Owned by the City – Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, quitclaim, or dedication of such property. The Developer shall assist the City in obtaining such documents as are required to obtain Acceptable Title with respect to such property on, in, or over which each Facility will be located. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof. 72500.00920\34744746.2 A7-13 Section 5.2. Facilities to be Owned by the City – Title Evidence. Upon the request of the City Manager, the Developer shall furnish to the City a preliminary title report for land with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least 15 calendar days prior to the transfer of Acceptable Title to a Facility to the City. In the event the City Manager does not approve the preliminary title report, the City shall not be obligated to accept title to such Facility, and the City shall not be obligated to pay the Purchase Price for such Facility until the Developer has cured all objections to title to the satisfaction of the City. Section 5.3. Facilities Constructed on Private Lands. If any Facilities to be acquired are located on privately-owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article IV hereof. Pending the completion of such transfer of title to land, the Developer shall not be entitled to receive the Progress Payment for the final Purchase Price of any such Facility (e.g., Progress Payment No. 3 with respect to Facilities Nos. 1 and 2, or Progress Payment No. 4 with respect to Facilities Nos. 3, 4, 5 or 6). Section 5.4. Facilities Constructed on City Land. If the Facilities to be acquired are on land owned by the City, the City shall grant to the Developer a license to enter upon such land for purposes related to the construction, and maintenance pending acquisition, of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply. Section 5.5. Maintenance and Warranties. The Developer shall maintain each Facility in good and safe condition until the Acceptance Date of the Facility. Prior to the Acceptance Date, the Developer shall be responsible for performing any required maintenance on any completed Facility. On or before the Acceptance Date of the Facility, the Developer shall assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility. The Developer shall maintain or cause to be maintained each Facility to be owned by the City, including the repair or replacement thereof, for a period of one year from the Acceptance Date thereof, or, alternatively, shall provide a bond reasonably acceptable in form and substance to the City Manager for such period and for such purpose, to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Developer, at its own cost and expense, to the satisfaction of the City Manager. The Developer shall commence to repair, replace or correct any such defects within 30 days after written notice thereof by the City to the Developer, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the City shall be responsible for maintaining such Facility. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the City Manager as part of the transfer of title. 72500.00920\34744746.2 A7-14 ARTICLE VI INSURANCE; RESPONSIBILITY FOR DAMAGE Section 6.1. Liability Insurance Requirements. The Developer shall procure and maintain insurance policies and provide to the City Manager evidence of insurance and endorsements thereto on forms acceptable to the Risk Manager as provided below. A. Time for Compliance. The Developer shall not commence any physical work on the Facilities until it has provided evidence satisfactory to the Risk Manager that it has secured all insurance required under this Section 6.1. In addition, the Developer shall not allow any contractor or subcontractor to commence work on any contract or subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section 6.1. B. Minimum Requirements. At its expense (but subject to reimbursement to the extent permitted as an Actual Cost), the Developer or its General Contractor shall procure and maintain, until acceptance pursuant to the terms of this Acquisition Agreement of all Facilities, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work covered by this Acquisition Agreement, its agents, representatives, employees or subcontractors. The Developer shall also require all of its contractors and subcontractors to procure and maintain the same insurance until acceptance (pursuant to the terms of this Acquisition Agreement) of all Facilities. Such insurance shall meet at least the following minimum levels of coverage: 1. Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (a) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (b) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (c) Workers’ Compensation and Employers’ Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (d) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). 2. Minimum Limits of Insurance. Developer or its General Contractor shall maintain limits no less than: (a) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to each construction contract for a Facility thereof that is separately bid and shall be 72500.00920\34744746.2 A7-15 $4,000,000. If multiple Facilities are aggregated under one construction contract, the Risk Manager may in its sole discretion require a higher general aggregate limit; (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (c) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease; and (d) Builders’/All Risk: Completed value of the project. (e) Umbrella or Excess Liability Insurance per Section 4.6.3 of Development Agreement (f) Pollution Liability Insurance: per Section 4.6.5 of Development Agreement 3. Requirements Not Limiting per Section 4.7.9 of Development Agreement C. Insurance Endorsements. The insurance policies shall contain the following provisions, or each Developer or its General Contractor shall provide endorsements on forms supplied or approved by the Risk Manager to add the following provisions to its insurance policies: 1. General Liability. (a) The City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers shall be covered as additional insureds with respect to the construction of the Facilities or operations performed by or on behalf of the Developer, including materials, parts or equipment furnished in connection with such work; (b) the insurance coverage shall be primary and non- contributing insurance as respects the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Developer’s or its General Contractor’s scheduled underlying coverage; and (c) any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers. Any insurance or self- insurance maintained by the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers shall be excess of the Developer’s or its General Contractor’s insurance and shall not be called upon to contribute with it. 2. Automobile Liability. (a) The City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Developer or for which the Developer is responsible; (b) the insurance coverage shall be primary insurance as respects the City 72500.00920\34744746.2 A7-16 and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Developer’s or its General Contractor’s scheduled underlying coverage; and (c) any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers. Any insurance or self-insurance maintained by the City, its officers, employees, consultants, agents’ attorneys, and volunteers shall be excess of the Developer’s insurance and shall not be called upon to contribute with it in any way. 3. Waiver of Subrogation for All Coverage. The insurer shall agree to waive all rights of subrogation against the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers for losses paid under the terms of all insurance policies which arise from work performed by the Developer. 4. All Coverages. Each insurance policy required by this Acquisition Agreement shall be endorsed to state that: (a) coverage shall not be suspended, voided, reduced (in coverage or in limits) or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the Risk Manager; and (b) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers. Liability coverage shall not be limited to the vicarious liability or supervising role of any additional insured nor shall there be any limitation with the severability clause. Coverage shall contain no limitation endorsements and there shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment related practices. All liability insurance shall be on an occurrence basis. Insurance on a claims made basis will be rejected. There shall be no cross policy exclusion. E. Separation of Insureds; No Special Limitations. All insurance required by this Section 6.1 shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers. F. Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by the Developer shall also procure and maintain, for a period of five years following acceptance (pursuant to the terms of this Acquisition Agreement) of all Facilities for which such Developer is responsible, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. G. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. The Developer shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers; or (2) the Developer 72500.00920\34744746.2 A7-17 shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. H. Acceptability of Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance with an assigned policyholders’ and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. I. Verification of Coverage. The Developer shall furnish the City with certificates of insurance and endorsements, duly authenticated, evidencing coverage required by this Acquisition Agreement on forms satisfactory to the Risk Manager and with other evidence of coverage as may be reasonably required by the Risk Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Risk Manager. All certificates and endorsements must be received and approved by the Risk Manager before work commences. The Risk Manager reserves the right to require complete, certified copies of all required insurance policies, at any time. J. Reduction, Cancellation, Void or Suspended Policy. In the event that any required insurance is reduced in coverage, canceled for any reason, voided or suspended, the Developer or its General Contractor agrees that the City may arrange for insurance coverage as specified, and the Developer or its General Contractor further agrees that administrative and premium costs may be deducted from any deposits or bonds the City may have. A reduction or cancellation will be grounds for termination of this Acquisition Agreement and will cause a halt to payment for any Facilities, or Progress Payments toward the Purchase Prices thereof, until the insurance is reestablished. K. Subcontractors. All subcontractors shall meet the requirements of subsections (a) though (d) of this Section 6.1 before commencing any physical work on the Facilities; provided, that minimum general liability coverage shall be $1,000,000 per occurrence for bodily injury, personal injury and property damage, and the general aggregate limit shall apply separately to each construction contract for a Facility that is separately bid and shall be $2,000,000. In addition, the Developer or its General Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor, in form and substance acceptable to the Risk Manager, prior to the subcontractor entering the job site. All coverages for subcontractors shall be subject to all of the requirements stated herein. The Developer or its General Contractor may furnish insurance that meets all the specifications of this Section 6.1 to all of its subcontractors though use of an “Owner Controlled Insurance Program”, “Contractor Controlled Insurance Program” or “Wrap-up” program, subject to approval by the Risk Manager. Section 6.2. Responsibility for Damage and Claims. The Developer or its General Contractor shall take and assume all responsibility for the work performed as part of the Facilities constructed pursuant to this Acquisition Agreement. The Developer 72500.00920\34744746.2 A7-18 shall bear all losses and damages directly or indirectly resulting to it, to the City, and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever. The Developer and its successors and assigns shall assume the defense of, indemnify, protect and save harmless the City and its Councilmembers, officers, employees, consultants, agents, attorneys, and volunteers (each an “Indemnified Party”), and each and every one of them (including independent contractors who serve as the City’s officers or officials), from and against all actions, demands, damages, injuries, claims, losses, causes of action, liabilities or expenses of every type and description to which they may be subjected or put, whether known or unknown, existing or potential, anticipated or unanticipated, in law or equity, to property or persons, including wrongful death, by reason of, or resulting or in any manner arising from or incident to, the performance by the Developer (or any of its officers, agents, servants, employees, subcontractors, materialmen, or suppliers) of its obligations under this Acquisition Agreement, the construction of the Facilities (including, but not limited to, failure of such Developer to pay any amount due to any contractor hired by the Developer for the construction of any Facility and any fines or penalties arising therefrom, and all damages to property or personal injury received by reason of, or in the course of, performing work, which may be caused by any willful or negligent act or omission by the Developer or any of the Developer’s employees, or any subcontractor), the nature or physical condition of the Facilities, the presence of any hazardous materials on or in any land conveyed to the City hereunder (but excluding hazardous materials which are introduced in or on such land by an Indemnified Party or after the expiration of the period for which the Developer is responsible for maintenance of the related Facility pursuant to Section 5.5. hereof), including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. No provision of this Acquisition Agreement shall in any way limit the extent of the Developer’s responsibility for payment of damages resulting from the operations of the Developer and its contractors. The Developer shall defend, at the Developer’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City or its Councilmembers, officers, employees, consultants, agents attorneys, or volunteers. The Developer shall pay and satisfy any judgment, award or decree that may be rendered against the City or its Councilmembers, officers, employees, consultants, agents, attorneys, or volunteers, in any such suit, action or other legal proceeding. The Developer shall reimburse City and its Councilmembers, officers, employees, consultants, agent’s attorneys, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The City does not, and shall not, waive any rights against the Developer which either may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with the City by the Developer of any insurance policies described in Section 6.1. The aforesaid hold harmless agreement by the Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have 72500.00920\34744746.2 A7-19 been suffered by reasons of any of the aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Developer or anyone else from any legal responsibility, obligation or liability it might otherwise have. The indemnification and hold harmless provisions of this Section 6.2 shall survive the termination of this Acquisition Agreement, the completion of construction of the Facilities, and the conveyance of title thereto to the City. 72500.00920\34744746.2 A7-20 ARTICLE VII REPRESENTATIONS, WARRANTIES AND COVENANTS Section 7.1. Representations, Covenants and Warranties of the Developer. The Developer represents and warrants for the benefit of the City as follows: A. Organization. The Developer is a Limited Liability Company duly organized and validly existing under the laws of the State of Delaware, is qualified to do business in and is in compliance with all applicable laws of the State of California, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. B. Authority. The Developer has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Developer. C. Binding Obligation. This Acquisition Agreement is a legal, valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms, subject to bankruptcy and other equitable principles. D. Compliance with Laws. The Developer shall not commit, suffer or permit any act to be done in, upon or to the lands of the Developer, the City or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the City or the Facilities. E. Requests for Payment. The Developer represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not part of the Facilities, and (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests. F. Financial Records. Until the date which is one year following the final acceptance of the Facilities, the Developer covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its officers, employees, consultants, or agents at any reasonable time during regular business hours. G. Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Facilities to be acquired from the Developer hereunder, it will assure complete compliance with any applicable law or regulation for the payment of prevailing wages. Without limiting the foregoing, the Developer further covenants that it will assure compliance with Section 3.3 hereof regarding the payment of prevailing wages with respect to the construction of the Facilities and the Project. 72500.00920\34744746.2 A7-21 H. Plans. The Developer represents that it has obtained or will obtain approval of the Plans for the Facilities to be acquired from the Developer hereunder from all appropriate departments of the City and from any other governmental entity or utility from which such approval must be obtained. The Developer further agrees that the Facilities to be acquired from the Developer hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements and change orders thereto, as approved in the same manner. ARTICLE VIII TERMINATION Section 8.1. Mutual Consent. This Acquisition Agreement may be terminated by the mutual, written consent of the City and the Developer, in which event the City may let contracts for any remaining work related to the Facilities not theretofore acquired from the Developer hereunder, and the Developer shall have no claim or right to any further payments for the Purchase Price of Facilities or Progress Payments toward the Purchase Prices thereof, except as otherwise may be provided in such written consent. Section 8.2. City Election for Cause. The following events shall constitute grounds for the City to terminate this Acquisition Agreement, without the consent of the Developer: A. The Developer voluntarily files for reorganization or other relief under any Federal or state bankruptcy or insolvency law. B. The Developer has any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of the Developer, or has suffered an attachment or levy of execution to be made against the property it owns within the City unless, in any of such cases, such circumstance shall have been terminated or released within 30 days thereafter. C. The Developer abandons construction of the Facilities. Failure for a period of 60 consecutive days to undertake substantial work related to the construction of the Facilities, other than for a reason specified in Section 8.3 hereof, shall constitute such abandonment. D. The Developer breaches any material covenant or default in the performance of any material obligation hereunder. E. The Developer transfers any of its rights or obligations under this Acquisition Agreement in violation of the terms and conditions of this Acquisition Agreement. If any such event occurs, the City shall give written notice of its knowledge thereof to the Developer, and the Developer shall meet and confer with the City Manager and other appropriate City staff and consultants within five days of receipt of such notice as to options available to assure timely completion of the Facilities. Such options may include, but not be limited to the termination of this Acquisition Agreement by the City. If 72500.00920\34744746.2 A7-22 the City elects to terminate this Acquisition Agreement, the City shall first notify the Developer of the grounds for such termination and allow the Developer 60 days to eliminate or mitigate to the satisfaction of the City Manager the grounds for such termination. Such period may be extended, at the sole discretion of the City, if the Developer to the satisfaction of the City is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof), as determined solely by the City, the Developer has not eliminated or completely mitigated such grounds to the satisfaction of the City, the City may then terminate this Acquisition Agreement. Notwithstanding the foregoing, so long as any event listed in any of clauses A. through and including E. above has occurred, notice of which has been given by the City to the Developer, and such event has not been cured or otherwise eliminated by the Developer, the City may in its discretion cease making payments for the Purchase Price of Facilities or Progress Payments toward the Purchase Prices thereof under Article III or Article IV hereof. Section 8.3. Force Majeure. Whenever performance is required of a party hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is actually delayed by reasons of floods, earthquakes or other acts of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, pandemics, damage to work in progress by casualty, or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused. ARTICLE IX MISCELLANEOUS Section 9.1. Limited Liability of City. No member of the City Council or City official, employee, consultant, agent, attorney, or volunteer shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of their actions hereunder or execution hereof. Section 9.2. Excess Costs. The Developer shall pay all costs of the Facilities that it is obligated to construct (pursuant to Section 3.2 or otherwise) in excess of the aggregate Purchase Price to be paid by the City therefor pursuant to the terms and conditions of this Acquisition Agreement (including but not limited to Section 4.6). Section 9.3. Audit. The City Manager and the City’s Finance Director may, with 72 hours advanced notice, review all books and records of the Developer pertaining to costs and expenses incurred by the Developer into any of the Facilities, and any bids taken or received for the construction thereof or materials therefor. Section 9.4. Attorney’s Fees. In the event that any action or suit is instituted by either party against the other arising out of this Acquisition Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees. 72500.00920\34744746.2 A7-23 Section 9.5. Notices. Any notice, payment or instrument required or permitted by this Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or transmitted by telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by mailing an original of the same within 24 hours after such transmission), or 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager Developer: Desert Wave Ventures, LLC 1555 Camino Del Mar, Suite 315C Del Mar, CA 92014 Attn: Don Rady Each party may change its address or addresses for delivery of notice by delivering ten calendar days’ prior written notice of such change of address to the other party. Section 9.6. Severability. If any part of this Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Acquisition Agreement shall be given effect to the fullest extent possible. Section 9.7. Successors and Assigns. This Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Acquisition Agreement shall not be assigned by the Developer without the prior written consent of the City shall release the Developer from its obligations and liabilities under this Acquisition Agreement. Section 9.8. Other Agreements. Nothing herein shall be construed as affecting the Developer’s duties to perform its respective obligations, under other agreements, use regulations or requirements relating to the development. This Acquisition Agreement shall not confer any additional rights to, or waive any duties of, the Developer under the Development Agreement or other agreement to which the Developer is a party. Section 9.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Acquisition Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Acquisition Agreement thereafter. Section 9.10. Merger; Entire Agreement. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Acquisition Agreement shall be binding. 72500.00920\34744746.2 A7-24 Section 9.11. Parties in Interest. Nothing in this Acquisition Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the City and the Developer any rights, remedies or claims under or by reason of this Acquisition Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Acquisition Agreement contained by or on behalf of the City or the Developer shall be for the sole and exclusive benefit of the City and the Developer. Section 9.12. Amendment. This Acquisition Amendment may be amended, from time to time, by written Supplement hereto and executed by the City and the Developer. Section 9.13. Counterparts. This Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Acquisition Agreement as of the day and year first-above written. CITY OF PALM DESERT By: ____ ___________ Mayor [DEVELOPER] DESERT WAVE VENTURES, LLC a Delaware limited liability company By: FS Ventures, LLC a Delaware corporation, Its Manager By: Name: Its: 72500.00920\34744746.2 A7-25 ACQUISITION AGREEMENT EXHIBIT A Facilities a. 151 parking structure stalls for Surf Center parking and Desert Willow overflow parking; b.96 on-site surface parking stalls for Surf Center and Desert Willow overflow parking; and d.226 surface stalls of off-site parking to meet mitigation requirements of the Existing Approvals 473 Public Parking stalls as outlined above are the Facilities 92 Hotel Spaces (30 surface onsite and 62 surface offsite) are not Facilities [ADDITIONAL PAGES TO BE INSERTED] 23 PUBLIC 166 RESIDENTIAL F., 83 UNITS PUBLIC Overflow Offsite Parking 62 HOTEL 226 OTHER/PUBLIC n+PRKFT P��F I' QUb\`cQ acek�rQ N 226 sp I .F oot �//+�]EX\5(1NG OR � 3. PnMnS LW NpM1N-103}@6E1 J - Sldo—lF RpMement-Q6 LF �b Loncm%CUM-2,108 LF �6p�dm�bl lMpe - 1.610 LF �6- FIRE "WE -16.1108E 1-Lnndsupin6 du-31.6166E j l� I MW 128 lb E PMMnp M n Of ItIM d S ); TNwI1MAdI NN M PMF', OFFWM LOT. MT gggF', lllY 01.66 PM �1 RM2R Lm ,--a 72500.00920\34744746.2 A7-26 ACQUISITION AGREEMENT EXHIBIT B SCHEDULE OF PROGRESS PAYMENTS Draw Public Parking Surf Lagoon and Center Hotel RESIDENTIAL UNITS 1st- $5M 30% construction cost of podium Parking Structure 100% rough grading complete Commence foundation upon fully approved and issued building permits for the entire Hotel 2nd- $5M 60% of construction cost of podium Parking Structure 100% Foundations Complete Completion of 60% of Hotel Parking 3rd- up to $5M 100% completion of all Public Parking and compliance with the Acquisition Agreement 100% of Surf Lagoon floor completed and surf equipment on site Completion of rough framing construction of the Hotel 4th- up to $3M 100% of all other public infrastructure and compliance with the Acquisition Agreement 100% complete certificate of occupancy for Surf Lagoon and Center approved 100% complete certificate of occupancy for Hotel approved 5th- up to $2M 4th Payment has been made, and City “look-back” approval of actual Project Costs in Section 4.5(d) of the Development Agreement and in compliance with the Acquisition Agreement 100% complete Certificate of Occupancy for Residential Units 72500.00920\34744746.2 A7-27 ACQUISITION AGREEMENT EXHIBIT C FORM OF PAYMENT REQUEST PAYMENT REQUEST NO. _____ The undersigned (the “Developer”) hereby requests payment in the total amount of $_____________ for Progress Payment No. ____, as more fully described in Attachment 1 hereto. Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Acquisition Agreement, dated as of _____________, 20___, between the City of Palm Desert (the “City”), and the Developer. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows: 1. The Undersigned is a duly authorized officer of the Developer, qualified to execute this Payment Request for payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. To the extent that this payment request is with respect to a Progress Payment for which the applicable Project Milestones require one or more completed Facilities, the Developer has submitted or submits herewith to the City as-built drawings or similar plans and specifications for the items to be paid for as listed in Attachment 1 hereto with respect to any such completed Facility, and such drawings or plans and specifications, as applicable, are true, correct and complete. To the extent that this payment request is for a Progress Payment for which the applicable Project Milestones require a percentage (less than completion) of one or more Facilities, the Developer has in the Developer’s construction office a marked set of drawings or similar plans and specifications for the subject Facility(ies) as listed in Attachment 1 hereto, which drawings or plans and specifications, as applicable, are current and show all changes or modifications which have been made to date. 3. All costs of the Facilities or portions thereof for which payment is requested hereby are Actual Costs (as defined in the Acquisition Agreement) and have not been inflated in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to the City. 4. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested. 5. There has been compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or portions thereof for which payment is requested. 6. The Facilities or portions thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and 72500.00920\34744746.2 A7-28 in accordance with the as-built drawings or plans and specifications, as applicable, referenced in paragraph 2 above. 7. The Developer is in compliance with the terms and provisions of the Acquisition Agreement, and no portion of the amount being requested to be paid was previously paid. 8. The Purchase Price for each Facility or portion thereof for which a Progress Payment is requested hereby (a detailed calculation of which is shown in an Attachment 1 hereto for each such Facility or portion thereof), has been calculated in conformance with the terms of Section 4.6 of the Acquisition Agreement. I hereby declare and certify that the above representations and warranties are true and correct. DEVELOPER: By:___________________________ Name: Its: ___________________________ Date: CITY: Payment Request Approved for Submission to the Finance Director of the City of Palm Desert By: City Manager Date: 72500.00920\34744746.2 A7-29 EXHIBIT C ATTACHMENT 1 CALCULATION OF PURCHASE PRICE. [Use a separate sheet for each Facility for which a Progress Payment is being requested] 1. Description (by reference to Exhibit A to the Acquisition Agreement) of the Facility 2. Actual Cost (list here total of supporting invoices and/or other documentation supporting determination of Actual Cost): $_________ 3. Subtractions from Purchase Price: A. Holdback for Lien releases (see Section 4.6.C. of the Acquisition Agreement) $_________ B. Retention (see Section 4.6.D. of the Acquisition Agreement) $_________ 4. Total disbursement requested (amount listed in 2, less amounts, if any, listed in 3) $_________ 72500.00920\34744746.2 A7-30 ACQUISITION AGREEMENT EXHIBIT D FORM OF PAYMENT BOND Bond No. PAYMENT BOND (LABOR AND MATERIALS) CITY OF PALM DESERT KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS [name of developer] (“Developer”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Developer and the City of Palm Desert in the penal sum of Dollars ($ ), this amount being not less than 100 percent of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the 72500.00920\34744746.2 A7-31 Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 72500.00920\34744746.2 A7-32 ACQUISITION AGREEMENT EXHIBIT E FORM OF CONTRACTOR PERFORMANCE BOND Bond No. CONTRACTOR PERFORMANCE BOND CITY OF PALM DESERT KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS [name of developer] (“Developer”) has awarded to (Name, address, and telephone number of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Developer and the City of Palm Desert (the “City”) in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal’s part to be kept and performed, all within the time and in the manner therein specified, 72500.00920\34744746.2 A7-33 and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the City and their respective Councilmembers, officers, employees, agents, attorneys, and volunteers, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is a principal beneficiary of this bond and has all rights of a party thereto. IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 72500.00920\34744746.2 A8-1 ATTACHMENT NO. 8 FORM OF TRANSIENT OCCUPANCY TAX REIMBURSEMENT AGREEMENT 72500.00920\34744746.2 A8-2 [NOTE: The Parties shall execute this Agreement concurrent with the Close of Escrow as such term is defined in the DDA. The Form is subject to minor confirming and clarifying changes to implement the provisions of the DDA] FORM OF CITY OF PALM DESERT/DESERT WAVE VENTURES TOT REIMBURSEMENT AGREEMENT THIS AGREEMENT (“Agreement”) is entered into as of _____________, 20___, by and between THE CITY OF PALM DESERT, a California municipal corporation, (the “City”), and Desert Wave Ventures, LLC, a Delaware limited liability company registered to do business in the State of California (“Owner”). RECITALS A. Owner intends to purchase certain real property in the City of Palm Desert, as more fully described in Exhibit “A” (the “Property”), on which Owner intends to develop and operate at least a 92-room hotel and 83 for-sale residential units (the “Project”). Owner anticipates that the Project, once occupied, will generate transient occupancy taxes (“TOT”) to the City in an amount estimated by Owner to exceed ______ dollars ($_________) during the first twenty (20) years of the Project’s operation, in addition to increased sales taxes generated by the anticipated increased visitation to the City. B. The City wishes to provide Owner an incentive to operate the Project in order that increased visitation will generate additional TOT and sales tax to the City, and to provide certain emergency services to City residents. C. City and Owner have entered into that certain Revised and Restated Disposition and Development Agreement, dated ______________ (the “DDA”) AGREEMENT NOW, THEREFORE, THE CITY AND OWNER AGREE AS FOLLOWS: Section 1. Reimbursement Commitment. A. In consideration for Owner’s operating the Project on the Property and the other conditions and covenants provided for herein, if and when the Project is built and operated on the Property, the City shall reimburse to Owner based off the City’s current (11%) TOT, as defined in Section 3.28.030 of the Palm Desert Municipal Code as of the date of this Agreement, collected from the Project in an amount not to exceed $_____________ (“Reimbursement TOT”). 72500.00920\34744746.2 A8-3 B. The City will reimburse to Owner of the Project up to a maximum of $_____________ in the following manner: 1. Forty Percent (40%) of the TOT generated by the hotel component of the Project; and 2. Sixty percent (60%) of the TOT generated by the for-sale residential component of the Project. C. Payment of Reimbursement TOT by City to Owner shall commence for the first full quarter during which commercial operation of the Project commenced and shall continue until the earlier of (1) $_____________has been reimbursed by the City; or (2) twenty years from the date of commencement of commercial operation as defined in Section 2(A) below (“Reimbursement Termination Date”). TOT collected prior to the Reimbursement Termination Date is subject to reimbursement pursuant to this Agreement; TOT collected after the Reimbursement Termination Date is not subject to reimbursement. D. Owner shall at all times remit to City full payment of TOT as required by the City’s Municipal Code. Distributions of Reimbursement TOT by City to Owner shall be made within thirty (30) days of the receipt by the City of the full amount of TOT from the Property for each quarter. Section 2. Conditions to Reimbursement. As a condition precedent to payment of any Reimbursement TOT, Owner shall: A. Commence commercial operation of the Project by _____________. If Owner fails to commence commercial operation prior to that date, then the City, in its sole discretion, may terminate this Agreement by delivering written notice of such termination to Owner. Following such termination, neither party shall have any further rights, duties or obligations hereunder, and the City shall have no obligation to pay Reimbursement TOT, provided however that if this Agreement is not so terminated and Owner subsequently commences operation, the terms of this Agreement shall apply and the City’s right to terminate shall be void; and B. Be at all times operated as a AAA 4 Diamond property as required by the DDA and the Grant Deed dated______________ between the City of Palm Desert and ___________________, recorded in the Official Records of the County of Riverside, California as Document No.____________. C. Owner shall quarterly certify to the City that the Hotel continues to meet the AAA 4 Diamond rating. 72500.00920\34744746.2 A8-4 D. Should the Project’s AAA 4 Diamond rating lapse, The 40% TOT rebate due the developer from the City shall be reduced to 20%. If Owner successfully reinstates its AAA 4 Diamond rating at any point within a 9-month cure period following loss of the rating, the TOT reimbursement will revert back to 40%. Should the owner fail to cure the rating loss for a continuous 9 months, the TOT reimbursement will be eliminated (0%). If owner successfully reinstates the AAA 4 Diamond rating at any time prior to the Reimbursement Termination Date, the TOT reimbursement will be restored to 40%. Section 3. No Obligation to Build or Operate. Both parties acknowledge that the Project is currently in the proposal stages, and Owner shall have no liability to City for failure to build or operate the Project as intended by the parties herein. Section 4. Indemnification. Owner shall defend, assume all responsibility for and hold the City, its council members, officers and employees, harmless from all demands, claims, actions and damages, of whatever type or nature, including all costs of defense and attorneys’ fees, to any person or property arising out of or caused by any of Owner’s activities under this Agreement, whether such activities or performance thereof be by Owner or anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after commencement of operation of the Project. Section 5. Default. A. Any one or all of the following events shall constitute a default by Owner: 1. Any misleading statement, misrepresentation or warranty of Owner herein or in any other writing at any time furnished by Owner to City that materially harms the City or materially diminishes the benefit of the Agreement to the City; 2. Nonperformance when due of any of the obligations described herein, or failure to perform any obligation or covenant contained herein; 3. The filing by or against Owner of a petition for relief under the Bankruptcy Reform Act of 1978 or any bankruptcy or debtor relief law; 4. A general assignment by Owner for the benefit of creditors or the appointment of any receiver or trustee of all or any portion of the assets of Owner; and 72500.00920\34744746.2 A8-5 5. The transfer or assignment of this Agreement without approval by the City as set forth in the DDA B. Remedies. Upon the occurrence of a default, consistent with the provisions of the DDA, the City will notify the Owner and, may at its option, declare this Agreement to be in default and, in such event, the City shall have all of the rights and remedies prescribed at law or in equity. Following an uncured event of default, the City shall have no further obligation to disburse all or any portion of Reimbursement TOT. C. No Liability of City Member. No city council member, official or employee of the City shall be personally liable to Owner, or any successor in interest, in the event of any default or breach by City under this Agreement or for any amount which may become due to Owner or any successor or on any obligations under the terms of this Agreement. Section 6. Compliance With Governmental Regulations. Owner shall, at its sole cost and expense, comply with all applicable municipal, county, state and federal laws, rules, regulations and ordinances now in force, or which may hereafter be in force, pertaining to its activities contemplated under this Agreement, including, but not limited to: issuance of building and use permits and compliance with all federal and state labor laws (collectively, “Laws”). Supplementing the indemnity set forth in Section 4 above, Owner shall defend, indemnify and hold the City, its elected officials, officers, members, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of Owner to comply with such Laws relating to this Agreement Specifically, by its execution of this Agreement, Owner certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the project being performed is an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Owner agrees to fully comply with such Prevailing Wage Laws. If required, Owner shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work on the project available to interested parties upon request, and shall post copies at the Owner’s principal place of business and the project site. Section 7. Miscellaneous Provisions. A. Transfer or Assignment. Owner shall not transfer or assign this Agreement without prior written approval by the City. Approval of any such transfer or 72500.00920\34744746.2 A8-6 assignment shall be at the sole discretion of the City, provided that, as the parties acknowledge that Owner will likely monetize this Agreement as part of its project financing, City shall not unreasonably withhold, condition or delay its consent to a pledge or assignment of this Agreement (or rights under this Agreement) as part of the capital financing for the Project. Such financing approval may be granted by the City Manager without further action of the City Council. B. Interest of Members of City. No member of the City Council of City and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the City’s work shall have any personal interest, direct or indirect, in this Agreement. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, to the jurisdiction of which the parties hereto submit. D. Time of the Essence. Time is of the essence of each and every provision of this agreement. E. Notices. Notices or other communications given under this Agreement shall be in writing and shall be served personally or transmitted by first class mail, postage prepaid. Notices shall be deemed received either at the time of actual receipt or, if mailed in accordance herewith, on the third (3rd) business day after mailing, whichever occurs first. Notices shall be directed to the parties at the following addresses or at such other addresses as the parties may indicate by notice: City: The City of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager Owner: Desert Wave Ventures, LLC Attn: Don Rady 1555 Camino Del Mar, Suite 315C Del Mar, CA 92014 F. Headings. The titles and headings of the various sections of this Agreement are intended solely for reference and are not intended to explain, modify or place any interpretation upon any provision of this Agreement. 72500.00920\34744746.2 A8-7 G. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such or the remaining provisions of this Agreement. H. Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executing in writing by the party making the waiver. I. Number and Gender. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each include the others whenever the context so indicates or requires. J. Further Assurances. The parties shall execute, acknowledge, file or record such other instruments and statements and shall take such additional action as may be necessary to carry out the purpose and intent of this Agreement. K. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, legal representatives, successors and assigns. L. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the parties concerning the subject matter contained herein, written or oral. No change, modification, addendum or amendment to any provision of this Agreement shall be valid unless executed in writing by each party hereto. M. Attorneys’ Fees. In the event of any litigation arising out of this Agreement, the prevailing party in such action, or the non-dismissing party where the dismissal occurs other than by reason of a settlement, shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs paid or incurred in good faith. The “prevailing party,” for purposes of this Agreement, shall be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal or judgment. N. Amendment. This Agreement may be amended only by a written instrument signed by both City and Owner. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. 72500.00920\34744746.2 A8-8 CITY: CITY OF PALM DESERT, a California municipal corporation By: ________ Mayor ATTEST: APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Rachelle Klassen, City Clerk Robert W. Hargreaves, City Attorney OWNER: DESERT WAVE VENTURES, LLC a Delaware limited liability company By: Its: EXHIBIT A Approximately 17.68 acres known as APN 620400008, 620420024 and 620420023 in the City of Palm Desert, County of Riverside, California. 72500.00920\34744746.2 A9-1 ATTACHMENT NO. 9 SCHEDULE OF PERFORMANCE In the event of any conflict between the contents of the Schedule of Performance and the Agreement, the provisions of the Agreement shall prevail. ACTION TARGET DATE 1. Execution of Agreement and City Cost Reimbursement Agreement by Developer. Developer shall execute and deliver Agreement and City Cost Reimbursement Agreement to City. Completed 2. Execution of Agreement and City Cost Reimbursement Agreement by City. City shall hold public hearings to consider and approve or disapprove Agreement and City Cost Reimbursement Agreement. If approved, City shall execute Agreement. Completed 3. Submission of all Implementing Actions. Developer shall submit all agreements pertaining to the Implementing Actions to City for final review and approval. (§1.3(b), §5.2(a)) Not later than 45 days prior to the Close of Escrow. 4. Submission of 100% Design Development Drawings and Preliminary Cost Estimate. Developer shall prepare and submit to the City 100% Design Development Drawings and documents for the Surf Lagoon, Surf Center and Hotel; and preliminary costs associated. December 31, 2021 5. Submission of 100% Rough Grading Plans. The Developer shall submit to the City 100% Rough Grading Plans, Rough Grading Permit Application and associated fees. January 31, 2022 6. Approval – 100% Rough Grading Plans. The City shall approve or disapprove the 100% Rough Grading Plans for the entire site. April 30, 2022. 7. Submission of 100% Construction Drawings. Developer shall prepare and submit to the City 100% Construction Drawings and documents for the Surf Lagoon, Surf Center and Hotel. March 31, 2022 8. Submit Building Permit Application. Developer shall submit to City Building Permit Application for the Surf Lagoon, Surf Center and Hotel with 100% construction documents. (§4.3(a)(ii)) March 31, 2022 72500.00920\34744746.2 A9-2 ACTION TARGET DATE 9. City acceptance of complete Construction Documents and Building Permits. (§4.3) Prior to close of escrow. 10. Submission -- Equity Investors. Developer shall submit to City identity of Equity Investors and written binding agreements with the Equity Investors. (§5.2(b) and (c)) Not later than 45 days prior to Prior to close of escrow. 11. Submission of Final Detailed Cost Estimates (Non- GMP)- Surf Lagoon and Center and Hotel. Developer shall prepare and submit to the City final detailed cost estimates for the design and construction of the Surf Lagoon and Center and Hotel. (§4.4(b)) July 31, 2022 12. Review -- Final Cost Estimates - Surf Lagoon and Center and Hotel. The City shall review final detailed cost estimates for the Surf Lagoon and Center and Hotel. (§4.4(b)) Prior to close of escrow. 13. Submittal of Final Project Budget and Final Project Plan of Finance. (§4.4(e)) Not later than 45 days prior to the Close of Escrow. 14. Submission of Loan Documents. Developer shall submit to City binding Loan Documents from Private Construction Lender for construction financing. (§5.2(d)) Not later than 45 days prior to the Close of Escrow. 15. Submission of Operating Agreement for the Hotel Developer shall submit to City for review of the Operating Agreement. (§5.2(r), Scope of Development at II.A.3(e)) Not later than 45 days prior to the Close of Escrow. 16. Submission of Construction Contracts. Developer shall submit to the City construction contracts and executed guaranteed maximum price construction contracts or fixed price construction contracts, as applicable, with respect to the Developer’s Improvements, based on signed bids from Developer’s contractors (§4.4(f) for the construction of the Surf Lagoon and Center and Hotel. (§5.2(f)) August 31, 2022 17. City Review of Items 13-16 above. Prior to close of escrow. 18. Submission of Completion Guarantee if required, Certificates, Insurance, Payment Bonds and Performance Bonds. (§4.7.1, §4.11) Not later than 45 days prior to the Close of Escrow. 19. City Review Completion Guarantee , Certificates, Insurance, Payment Bonds and Performance Bonds Prior to close of escrow. 20. Open Escrow Account. The City and Developer shall open an escrow with the Escrow Agent. (§6.1) Already completed. 72500.00920\34744746.2 A9-3 ACTION TARGET DATE 21. Execution and Delivery of SARDA Property, Property Title, etc. The City and Developer shall complete, execute and deliver into escrow the SARDA Property Title (including memorandum relating thereto), together with all documents and supplemental escrow instructions required to close escrow for conveyance of SARDA Property Title from the SARDA to Developer. (§6.5) Prior to close of escrow. 22. Escrow Fees, Charges. The City and Developer shall pay their respective fees, charges and other costs into escrow. (§6.4) Prior to close of escrow. 23. Close of Escrow. The City shall convey to the Developer title to the City Property and SARDA Property. (§6.3) October 31, 2022 24. Commencement of Construction Mobilization of Surf Lagoon and Center and Hotel. The Developer shall commence construction of the Surf Lagoon and Center and Hotel improvements. (§6.3.2) Within 60 days following close of escrow. 25. Completion of Construction of Project. The Developer shall complete construction of the Project. (§6.4) Within 24 months following commencement of construction. 26. Termination of Agreement. This Agreement shall automatically terminate if any of the events listed occur. (§8.1; §8.1.1) Upon completion and issuance of certificate of occupancy and/or certificate of completion of all improvements for the Surf Lagoon and Center, Residential Units Hotel, and Parking. ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION May 5, 2021 Desert Wave Ventures PO Box 147 Solano Beach, CA 92075 Subject: Consideration of a recommendation to approve a Specific Plan Amendment and a Precise Plan application for DSRT SURF, a Resort Development inclusive of a Surf Lagoon and Surf Center Facility (Restaurant, Bar, Retail, and Support Facilities), a Four-Story 92 Room Hotel, and 83 Residential Villas on a vacant 17.69-acre site. The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of April 27, 2021: By Minute Motion, the Architectural Review Commission approved Case No. SP/PP21- 0002, subject to the following: 1) Consider comments made by the Commission; 2) Applicant should refrain from the use of composite wood material that appears monochromatic and sensitive to extreme weather; 3) Considering its large size, the material for the stone veneer located on the south elevation should be scaled appropriately; 4) The hotel service utility doors should be screened; 5) Applicant should be mindful of the surf wall surrounding the lagoon and its proximity to the walkway and consider providing an additional illustration which better demonstrates what is being proposed for this area; 6) Consider variation for the garages on the stacked flats; 7) Applicant should be conscientious about the scale of the exterior material for the Surf Center; 8) Applicant should consider roof-top A/C units for the condos. The motion carried by a 5-0 vote with Commission Vuksic ABSENT. Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision. If you have any questions, please contact Associate Planner Kevin Swartz at (760) 346-0611, Extension 485 or kswartz@cityofpalmdesert.org. Sincerely, ERIC CEJA, SECRETARY ARCHITECTURAL REVIEW COMMISSION cc: File CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, DECEMBER 21, 2021 – 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Chair John Greenwood Vice-Chair Nancy DeLuna Commissioner Ron Gregory Commissioner Lindsay Holt Commissioner Joseph Pradetto Also Present: Craig Hayes, Assistant City Attorney Martín Alvarez, Director of Development Services Eric Ceja, Deputy Director of Development Services/Economic Development Rosie Lua, Principal Planner Nick Melloni, Associate Planner Kevin Swartz, Associate Planner Monica O’Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner Joseph Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTIONS Director of Development Services Martín Alvarez summarized pertinent City Council actions from the meeting of December 16, 2021. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 2 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of November 2, 2021. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to adjust two parcels at 890 and 892 Crescent Falls (APNs 652-310-017 and 652-310- 018). Case No. PMW 21-0008 (PAR Development, Palm Desert, California). Rec: By Minute Motion, approve Case No. PMW 21-0008. Upon a motion by Commissioner Pradetto, seconded by Vice-Chair DeLuna, and a 5- 0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approval of a Precise Plan (PP) and a Conditional Use Permit (CUP) to demolish the former Pizza Hut building and construct a new 7,500-square-foot retail and restaurant building located at 72310 Highway 111. Case No. PP/CUP 20-0002 (Nadel Architects, Inc, Los Angeles, California, Applicant). Note, the staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: www.planning-commission- information-center. Associate Planner Kevin Swartz presented the staff report and offered to answer any questions. The Commission had no questions for staff. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 3 Mr. Ralph Deppisch, the applicant’s representative, Los Angeles, California, stated that they worked with City staff and the Architectural Review Commission to improve the project. He hoped that the Planning Commission would support the recommendation and offered to answer any questions. Mr. David Anderson, the architect, commented that he did not have anything to add. He also offered to answer questions. Commissioner Ron Gregory listed his concerns and recommendations regarding the landscape plan. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Pradetto moved for approval and then withdrew his motion to let Commissioner Gregory craft the motion with the recommendations to the landscape plan. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution No. 2801, adopting a Notice of Exemption and approving Case No. PP/CUP 20- 0002, subject to the findings and conditions of approval. Following are additional conditions added to the landscape plan: 1) The San Diego Red Bougainvillea should not be planted as a shrub. The La Jolla Bougainvillea should be considered for a larger shrub, and the Oo-La- La Bougainvillea should be considered for a smaller shrub; 2) The Bougainvilleas should be a minimum size of five gallons; 3) Replace the Bear Grass with Desert Spoon or Giant Hesperaloe; 4) Replace the Aloe Variegata with a different Aloe or plant; and 5) For a commercial setting, change the Dalea Capitata and Lantana to five gallons. The motion was seconded by Vice-Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of Amendment No. 1 to the Specific Plan (SP 18-0002), Precise Plan (PP 18- 0009), and Tentative Tract Map 36379 for DSRT SURF inclusive of a surf lagoon and surf center, a four-story hotel, and residential units on a 17.69-acre site located within Desert Willow Golf Resort. Case Nos. SP 18-0002/PP 18-0009/TTM 37639 Amendments No. 1 (Desert Wave Ventures, LLC, California, Applicant). Chair Greenwood disclosed that he works for Prest Vuksic Architects, and the firm has provided consulting services for this project; therefore, he recused himself from this item. He asked Vice-Chair DeLuna to proceed with the meeting. Commissioner Gregory also disclosed that he works for MSA Consulting, and the firm has provided consulting services for this project and recused himself. Principle Planner Rosie Lua gave a PowerPoint presentation reviewing the staff report in detail. She recommended approval to the City Council and noted that the applicant also has a PowerPoint presentation. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 4 Vice-Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. Mr. Doug Sheres, the applicant, Solana Beach, California, said they have been working on this project for nearly five years and believed it is better and more compelling than ever. Mr. Bruce Greenfield, the architect, Orange, California, provided a PowerPoint presentation on the project’s architecture. Mr. John O, Palm Desert, California, supported the project. He is a lifetime surfer and the thought to ride waves in his zip code is a dream come true. With no further testimony offered, Vice-Chair DeLuna declared the public hearing closed. Commissioner Lindsay Holt stated that it is a great project and appreciated the work done on the revised specific plan and had no concerns. She thanked the staff and applicant for the presentations. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2802, recommending approval to the City Council for Case Nos. SP 18-0002/PP 18-0009/TTM 37639 Amendments No. 1, subject to findings and conditions of approval. The motion was seconded by Commissioner Holt and carried by a 3-0 vote (AYES: DeLuna, Holt, and Pradetto; NOES: None; ABSENT: Greenwood and Gregory). C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Section 25.60.60 (Public Hearing and Public Notice), add Section 25.60.160 “Community Engagement,” and adding Section 5.11 “Disclosures Upon Transfer of Residential Property” for said project regulating the public engagement process, and apply said regulations. Case No. ZOA 21-0002 (City of Palm Desert, Palm Desert, California, Applicant). Chair Greenwood proceeded with the meeting. Ms. Lua reviewed the staff report and recommended approval of the Zoning Ordinance Amendment. Commissioner Greenwood suggested that it is of value to have public participation meetings digitally and recorded. Chair Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Vice-Chair DeLuna declared the public hearing closed. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2021 5 Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2803, recommending approval to the City Council for Case No. 21-0002, with added language to clarify Title 5 in which the new language only applies to new developments. Motion carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. CULTURAL ARTS COMMITTEE Commissioner Holt reported that the Committee discussed the San Pablo Corridor Art Plan and the Public Art budget. B. PARKS & RECREATION COMMISSION None XIII. REPORTS AND REMARKS City staff thanked the Planning Commission for their time and dedication to the City of Palm Desert. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:49 p.m. JOHN GREENWOOD, CHAIR ATTEST: MARTĺN ALVAREZ, SECRETARY MONICA O’REILLY, RECORDING SECRETARY PLANNING COMMISSION RESOLUTION NO. 2802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL TO AMEND THE DSRT SURF SPECIFIC PLAN, PRECISE PLAN, AND TENTATIVE TRACT MAP CASE NOS. SP 18-0002/PP 18-0009/TTM 36379 AMENDMENTS NO. 1 WHEREAS, on February 4, 2021, Desert Wave Ventures, LLC, submitted an application for the DSRT SURF Project ("DSRT SURF" or "Project") for the development of a 5. 5-acre surf lagoon and surf center facilities, 92 hotel rooms, 83 residential units, circulation, parking, and landscaping constructed on 17.69 acres of vacant land within the Desert Willow Golf Resort, and an off-site parking location in close proximity, inclusive of amendments to the approved Specific Plan (SP 18-0002), Precise Plan (PP 18-0002), and Tentative Tract Map 36379; and WHEREAS, the Project site has an existing General Plan designation of Resort and Entertainment to the Palm Desert General Plan and a current zoning designation of DSRT SURF Specific Plan (DSSP) pursuant to the adopted Specific Plan 18-0002 approved by City Council on November 14, 2019, by Resolution No. 2019-82; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Palm Desert CEQA Implementation Requirements, an Environmental Impact Report EIR), SCH# 2019011044 (EA 18-0002) and an accompanying Mitigation Monitoring and Reporting Program (MMRP), were previously adopted by City Council on November 14, 2019, for the DSSP by Resolution No. 2019-83; and, WHEREAS, in 2021, an addendum to the EIR was provided and determined that the required findings on the Project did not prompt an update to the EIR pursuant to CEQA Guidelines Section 15164; and WHEREAS, on April 27, 2021, the Architectural Review Commission (ARC) of the City of Palm Desert, California, held a meeting to consider the Project and approved by recommendation to the Planning Commission, the architecture, landscape, and site plan with conditions by minute motion; and WHEREAS, as contained herein, the Planning Commission has endeavored in good faith to set forth the basis for its recommendation on the Project; and WHEREAS, all of the findings, recommendations, and conclusions made by the Planning Commission pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and PLANNING COMMISSION RESOLUTION NO. 2802 WHEREAS, on December 21, 2021, the Planning Commission conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard, and DSRT SURF was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the Project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The Planning Commission has reviewed and considered the 2019 EIR and the 2021 Addendum and finds that these documents taken together contain a complete and accurate reporting of all the potential environmental impacts associated with the DSRT SURF Project. The Planning Commission further finds that the 2021 Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission further finds and determines that the Addendum reflects the City's independent judgment. SECTION 3. Based on the substantial evidence set forth in the record, including but not limited to the 2019 EIR and the 2021 Addendum, the Planning Commission finds that an addendum is an appropriate document for disclosing the changes to the DSRT SURF Project and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: 1. The amended DSRT SURF Project does not constitute a substantial change that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There is not a substantial change with respect to the circumstances under which the DSRT SURF Project will be developed that would require major revisions of the 2019 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. 3. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2019 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that 2 PLANNING COMMISSION RESOLUTION NO. 2802 mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. SECTION 4. The Planning Commission recommends that the City Council readopt those mitigation measures identified in the 2019 EIR applicable to the DSRT SURF Project and as detailed specifically in the Mitigation Monitoring and Reporting Program ("MMRP") prepared for the Addendum, attached to the Addendum at Appendix A, and attached hereto as Exhibit A. SECTION 5. The Planning Commission recommends that the City Council approve and adopt the Addendum, attached hereto as Exhibit B. SECTION 6. The 2019 EIR and the 2021 Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at Palm Desert City Hall, 73510 Fred Waring Drive, Palm Desert, California 92260. The custodian of these records is Norma I Alley, the City Clerk of the City. SECTION 7. Findings for Recommended Approval of Specific Plan. 1. The DSRT SURF Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the Project provides a unique resort destination and sports facility consistent with the intent of the Resort and Entertainment District. On November 14, 2019, the City Council approved DSRT SURF Specific Plan (SP 18-0002) by Resolution 2019-82 governing the land uses, development standards, and design guidelines for the site and determining that the specific plan demonstrated compatibility of the applicable goals, policies and programs contained in the General Plan. The General Plan land use designation of Resort and Entertainment District allows development for entertainment and resort destination uses, drawing visitors to the site. The amendment to the specific plan includes operational function changes and revisions to the development standards, none of which increases the density or intensity of the Project. The compatibility of the General Plan established in the original approval of the Project remains unchanged. 2. The proposed DSRT SURF Specific Plan is not detrimental to the health, safety, or general welfare, or will be materially injurious to the surrounding properties or improvements in the City of Palm Desert. The amendment to the DSRT SURF Specific Plan is suitable and appropriate for the location, access, and topography for development because the intent of Desert Willow is to provide resort-style development. The site has been previously mass graded and identified for future resort-style development, all infrastructure to support the Project is nearby and improvements to infrastructure to support the Project are feasible, and access to the site has been studied and is deemed sufficient to support the Project. 3. The amendments to the DSRT SURF Specific Plan are compatible with the zoning of adjacent properties and ensures development of desirable character is harmonious with surrounding properties because the intent of Desert Willow is to provide a resort-style development. The Project was approved with a density of 15 3 PLANNING COMMISSION RESOLUTION NO. 2802 dwelling units per acre (maximum 88 residential units), the amendment to the DSRT SURF Specific Plan does not change the density nor the intensity of the Project. In fact, the construction of the Project will only contain 83 residential units, which is under the maximum allowed. In addition, the approved specific plan allows for a 350-room hotel, and the Project will construct only a 92-room hotel. The new structures incorporate compatible and integrated architecture, materials and colors, and are not visually obstructive or disharmonious with surrounding areas, or harm major views from adjacent properties. The grading design would not result in any manufactured slopes or pads that create any significant adverse visual or compatibility impacts with adjacent lots, nor block any significant views. The Project is supported by adequate public facilities and transportation systems and is a compatible use, type, and intensity with the surrounding areas. SECTION 8. Findings for Recommended Approval of Tentative Map. 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project is consistent with the goals, objectives, and policies of the Palm Desert General Plan ("General Plan"). The General Plan land use designation is Resort and Entertain District that allows development for entertainment and resort destination uses, drawing visitors to the site. General Plan Land Use Policy 4.1 encourages unique resort complexes within the city. The Project is a resort destination attraction of a surf lagoon with residential ownership units that complement the Project. The subdivision includes 17.69 acres into five 5) parcels, each to accommodate its respective uses, including the surf lagoon, hotel and surf center, stack flats including the clubhouse, and villas that are consistent with the General Plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the Project and its design and improvements are consistent with the General Plan and comply with the development standards of the Specific Plan. In addition, the lots accommodate the building pads, internal and external streets, drainage, utilities, and adequate access from Desert Willow. 3. That the site is physically suitable for the type of development. The site is physically suitable for the type of development for the Project. The Project is a resort development that is physically suitable for the site and is consistent with the intent of the specific plan and compatible with the surrounding uses, which include a golf course, amenities as well as existing resort-style residential units. The Project site is a 17.69-acre site; the parcel is adequate to accommodate the 5.5-acre surf lagoon, surf center and facilities, hotel, and residential units with adequate access and roadways, infrastructure, utilities, and drainage facilities. 4 PLANNING COMMISSION RESOLUTION NO. 2802 4. That the site is physically suitable for the proposed density of development. The site is physically suitable for the density allowance of 15 units per acre as specified in the DSRT SURF Specific Plan resulting in 88 residential units. The Project amendments include 83 units which are less than the maximum density and comply with the applicable development standards of the specific plan making it suitable for the site. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The amended design of the subdivision or the improvements contemplated for the Project are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The certified Environmental Impact Report (EIR), SCH# 2019011044, addresses the environmental impacts associated with the Project, including those impacts that could cause substantial environmental damage. There are no known fish, wildlife habitats, or other endangered species on the subject site. No environmental impacts are identified which substantially and avoidably injure fish, wildlife, or their habitat. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The amended design of the subdivision or type of improvements for the Project are not likely to cause serious public health problems. The conditions of approval ensure all common area structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project must be continually maintained in good condition and repair, all dead or dying landscape material must be replaced with new landscape material, and a security construction plan must be submitted. Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets, and all utilities are available to the site and have the capacity to accommodate the Project. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development, and all uses as allowed by the zoning ordinances that regulate the Project. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the planned subdivision. The amended design or type of improvements will not conflict with easements acquired by the public at large for access through or use of the property within the subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to the Project have been reviewed and approved by the Fire Department and Public Works as part of the overall Project includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. There are no known 5 PLANNING COMMISSION RESOLUTION NO. 2802 public easements traversing the subject site that would be adversely affected by the Project. SECTION 9. Findings for Recommended Approval of Design Review(Palm Desert Municipal Code Section 25.68.040. 1. That the proposed development conforms to any legally adopted development standards. The DSRT SURF Specific Plan has land use allowances inclusive of a maximum of the six-acre lagoon, 35,000 square feet surf center, 350 rooms for a hotel, 88 residential units, a clubhouse of 3,125 square feet, and 15,000 square feet for maintenance and equipment buildings. The amendment to the DSRT SURF Specific Plan includes height maximums of 50 feet for buildings and an additional 15 feet to accommodate architectural features and related roof equipment and apparatus. The Project includes a 5. 5-acre lagoon, a 7,263-square-foot surf center 26 feet in height), a four-story, 92-room hotel (55 feet in height), 83 residential units (ranging from 26 feet and 6 inches to 37 feet and 9 inches), 1,494-square- foot clubhouse (24 feet 6 inches in height), and 4,909 square feet of maintenance buildings (15 feet in height). The land uses and heights specified above are all within the allowances of the DSRT SURF Specific Plan. The building lot coverage maximum is 50 percent; the project site proposes 19.9 percent, which is within the required allowance. The setback requirements for the commercial component and residential components meet the minimum setback requirements of the DSRT SURF Specific Plan. The Desert Mid-Century Modern architecture theme is continuous throughout the site with varying architectural elements and high-quality materials, including the incorporation of indoor and outdoor spaces that meets the architecture characteristics required by the DSRT SURF Specific Plan. The on-site parking, including the podium parking within the hotel and integrated garages for the residential units, provides for the 443 required parking spaces. In addition, Lot E will be improved to include approximately 288 parking spaces, which will have valet services to the Project. The Project proposes all landscape remain as low water usage desert landscaping for the entirety of the Project, including the perimeter. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements as conditioned. 2. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion. The amended Project has been designed as a destination point, including a surf lagoon, surf center and amenities, hotel, and residential units, which are compatible uses within a resort development. The proposed Project is located within the Desert Willow Golf Resort, which features a mix of resort development and existing residential units, including a mixture of timeshares and multifamily units. The Project includes a DSRT SURF Specific Plan, which regulates land uses 6 PLANNING COMMISSION RESOLUTION NO. 2802 and provides development standards to ensure there is continuity of architectural style and regulation of density and heights of buildings; therefore, does not impair the desirability of investment. The Environmental Impact Report for the Project provided a Traffic Impact Analysis that reviewed the traffic impact, including circulation, traffic hazards, and congestion of the uses and operation of the site, which resulted in mitigation measures less than significant. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. The Project has also implemented a condition of approval for a parking management plan and improvements to an offsite parking location within proximity to the site to respond to overflow parking needs. 3. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City. The design and location of the amended Project is in keeping with the character of the surrounding neighborhood and will serve as an additional attraction of the existing resort development. The Project consists of approximately 18-acres within an undeveloped area, with connectivity to the Desert Willow Clubhouse that is adjoining the Project site. The property is designated Resort and Entertainment in the General Plan, which allows development for a range of entertainment and resort destination uses for the purpose of drawing visitors to the site, such as theme parks and sports facilities. The Project includes the high-quality architectural style, amenities, and more importantly, offers unique opportunities for residential resort lifestyle and entertainment destinations inclusive of a surf lagoon and hotel, which will attract visitors and investors to the City. 4. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors and that it is aesthetically of good composition, materials, textures, and colors. The design is a Desert Mid-Century Modern architectural theme, with sustainable building materials incorporating the natural environment and mid-century styles. The architectural elements include horizontal and vertical planes, varying rooflines, shading elements, intuitive and organic wayfinding designs, natural materials, and blurring lines between indoor and outdoor spaces. The design utilizes high-quality finishes and materials, including natural elements that provide shade and create shadow lines, such as building projections, covered walkways, arcades, and other human-scale elements to reduce the impact of building mass and create visual interest. The Project includes wave structures at the entry point to create a sense of arrival. The enclosure of courtyards and balconies are visually permeable where appropriate and step back on upper floors is utilized to further reduce the visual impact of building mass and maximize view corridors and viewsheds of the mountain. The Project site includes the thoughtful creation of public gathering space to encourage interaction between guests and residents is achieved by both passive and intentional design. Landscaping utilizes functional seating design elements throughout the site by the use of low-rise block and/or stone walls that serve to define landscaped areas while also providing casual seating throughout 7 PLANNING COMMISSION RESOLUTION NO. 2802 the property. Open lawn and sandy beach areas in proximity to the lagoon and pools to encourage guests to create gathering space, reminiscent of an authentic beach experience. More intentional components of the Project include restaurants and bars, cabanas, lounge chairs, fire pits, and recreational activity space. The combination of designed gathering throughout the site and amenities creating intentional spaces promotes a destination resort atmosphere envisioned for the Project. 5. That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements. The Project uses conforms to all the requirements of the DSRT SURF Specific Plan and all other applicable requirements. The Project use considers the need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion, and is designed considering topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. The Project's environmental assessment and reviews of City departments and outside city agencies have included appropriate mitigation measures and conditions of approval. 6. That the overall development of the land shall be designed to ensure the protection of the public health, safety, and general welfare. The overall development of the land is designed to ensure Project is consistent with the General Plan and as analyzed in the DSRT SURF Specific Plan. The establishment, maintenance, or operation of the Project does not appear to have any adverse effects that are detrimental or injurious to property and improvements within the Desert Willow Golf Resort or the general welfare of the City. Therefore, the overall building design and the requirements imposed ensures the protection of public health, safety, and general welfare. SECTION 10. Project Recommendation. The Planning Commission hereby recommends approval of SP 18-0002 Amendment No. 1, PP 18-0009 Amendment No. 1, TTM 36379 Amendment No. 1, subject to the conditions of approval. SECTION 11. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall at 73510 Fred Waring Drive, Palm Desert, CA 92260. Norma I Alley, the City Clerk, is the custodian of the record of proceedings. SECTION 12. Execution of Resolution. The Chairperson of the Planning Commission will sign this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. 8 PLANNING COMMISSION RESOLUTION NO. 2802 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 21st day of December 2021 by the following vote, to wit: AYES: DE LUNA, HOLT, and PRADETTO NOES: NONE ABSENT: GREENWOOD and GREGORY ABSTAIN: NONE Jj GR NWOO C IR ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 9 PLANNING COMMISSION RESOLUTION NO. 2802 CONDITIONS OF APPROVAL CASE NOS. SP 18-0002/PP 18-0009/TTM 36379 AMENDMENTS NO. 1 GENERAL 1. The Applicant shall comply with all terms and conditions as outlined in the amended Disposition and Development Agreement (DDA) approved by the City Council. 2. Any references to the "Specific Plan" in the Conditions of Approval of Resolution No. 2019-82 shall be replaced with "Amended Specific Plan," and such the amended specific plan in this resolution shall replace the previous approval. 3. Conditions of Approval approved in Resolution No. 2019-82 by City Council on November 14, 2019, shall remain effective and enforceable unless otherwise stated in this resolution. 4. Mitigation Measures in Exhibit A of Resolution No. 2019-82 shall remain effective and enforceable unless otherwise stated in this resolution. SPECIFIC PLAN 5. Applicant shall obtain permission from the Development Services Director to schedule all turf removal activities in coordination with season operations of the golf course. In addition, the Applicant is responsible for obtaining approvals from the City for soil stabilization and any required permits/agreements associated with such activity. 6. Condition of Approval No. 12 of Resolution No. 2019-82 shall be revised to state: All parcels shall develop in a manner consistent with the development standards contained in the amended Specific Plan. All other development standards not addressed in the Specific Plan shall comply with the Palm Desert Municipal Code (PDMC). 7. Condition of Approval No. 19 of Resolution No. 2019-82 shall be revised to state: Special events, which exceed 1,500 spectators, shall not exceed a maximum site capacity of 5,000 spectators. 8. The Applicant shall complete all improvements for Lot E (off-site parking), which includes approximately 288 parking spaces, and shall finalize a Parking Management Plan identifying all traffic control and off-site parking strategies with the Director of Development Services prior to the Certificate of Occupancy of the hotel building. TENTATIVE TRACT MAP 9. The Applicant shall record all easements related to Final Map, including but not limited to reciprocal access easements, shared parking agreements, and maintenance agreements for all common areas prior to the approval of the Final Map. 10. The Applicant or successor in interest shall submit Covenants, Conditions, and Restrictions (CC&Rs) in a form acceptable to the City Attorney, for the proposed subdivision prior to the recordation of the Final Map. 10 PLANNING COMMISSION RESOLUTION NO. 2802 11. The Applicant shall include the following: street names, Subdivision Improvement Agreement, and improvement bonds prior to the approval of the Final Map. 12. The Applicant shall form a property owners association for the maintenance of the following: 1) all interior and common areas, including landscaping; and 2) maintenance of all frontage landscaping. PRECISE PLAN 13. Condition of Approval No. 13 of Resolution No. 2019-82 shall be revised to state: All development within the amended Specific Plan shall conform to the architectural renderings provided in the amended Specific Plan and Precise Plan 21-0002 approvals. Building design deviations are permitted as described in the amended Specific Plan, which shall conform to the architectural guidelines and colors and materials specified in the amended Specific Plan. 14. Condition of Approval No. 14 of Resolution No. 2019-82 shall be revised to state: The development of the property and all buildings pads within the Specific Plan boundaries shall conform substantially with exhibits approved by the Architectural Review Commission and its conditions set forth by minute motion on April 27, 2021, held on file with the Department of Development Services, and as modified by the conditions herein. 15. Condition of Approval No. 47 of Resolution No. 2019-82 is no longer valid since the Project does not include a gated entry unless the gates are for emergency access. If a future gate is installed for the Project, the applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks. 16. The Applicant shall comply with the conditions in the Notice of Action as specified in the Architectural Review Commission meeting of April 27, 2021. END OF CONDITIONS OF APPROVAL 11 the Fs January 6, 2022 City Council Members Todd Hileman, City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY Please accept this letter as acknowledgement of support for the DSRT Surf project that has been proposed at the Desert Willow property. We established a relationship with Mr. Doug Shares in 2019 and continue to have conversations on avenues and programs that will be of benefit our our Y families as well as our trusted community connections. Once completed, the opportunities DSRT Surf will provide will be multifaceted. From camps, collaborative events, and fundraising, we are extremely excited about the future this project affords both City of Palm Desert and Coachella Valley residents as well as visitors. It is evident that DSRT Surfs unique project differs from other proposed surf park projects within the Coachella Valley. We look forward to the continued partnership that has been developed with Desert Wave Ventures, LLC and truly appreciate their commitment to be an active and supportive community member. Kind regards, Patrick Klein Board President Family YMCA of the Desert Paula Simonds CEO Family YMCA of the Desert FAMILY YMCA OF THE DESERT 43-930 San Pablo Avenue, Palm Desert, CA 92260 760-341-9622 Fax: 76D-779-96S3 www.ymcaokhedesert.org 1 Rosie Lua From:Eric Ceja Sent:Wednesday, January 12, 2022 8:24 AM To:Monica O'Reilly; Rosie Lua Cc:Martin Alvarez Subject:FW: DSRT SURF Letter of support for DSRT Surf staff report.       Eric Ceja Deputy Director of Development Services Ph: 760.346.0611 Direct: 760.776.6384 eceja@cityofpalmdesert.org   From: cj hobgood <cjgoods@gmail.com>   Sent: Wednesday, January 12, 2022 7:15 AM  To: Eric Ceja <eceja@cityofpalmdesert.org>  Subject: DSRT SURF      Good morning Erica and everyone in Palm Desert     To whom it may concern and in regard to the DSRT Surf agenda item ,, i; 3; i ., l„"...  My name is CJ Hobgood I' m a world champion surfer and competed on the World Surf  League ( WSL) tour for 17 years — winning the title in 2001.  I would like to thank you for allowing me to continue to live my dreams through potentially  having a beautiful destination my whole family can enjoy while also getting to surf really fain  waves in the process.  Beyond that, the story that has me so hopeful is allowing Surfers and our culture to meet and  celebrate your community in Palm Desert. Allowing the kids to have a healthy lifestyle in  surfing. A lifestyle they can make there own through surfing pools and create hope and  positivity that will prosper and enhance their lives like it did mine.  Beyond thrilled for you guys to see just how many people will use this facility!!   As always stoked  Have a great day     CJ Hobgood   ቓቔቕ  From; David Hilts Founder, Coachella Valley Surf Club A non-profit organization To, Mr. Eric Ceja Deputy Director Development Services Dear Director Ceja, I am writing this letter on behalf of myself and our club members of the Coachella Valley Surf Club in favor of the DSRT Surf project in Palm Desert. Our club’s goal is to help our valley youth who are interested in learning surfing but may not have the means to afford the equipment. We assist in raising funds and acquire equipment for them. As a life long surfer and a resident of Palm Desert I am excited that we will have a wave basin right here in Palm Desert and be able to surf in our back yard. I have many friends in coastal communities and after speaking with them and hearing how excited they are about our new wave pool I know Palm Desert will become a mecca for costal surfers and their families and it will attract lots of visitors to our city. When I first met Doug and John at one of the early Planning Commission meetings, they were enthusiastic about our club goals and it is clear to me that they are as committed to allowing access to students we have identified as financially unable to afford to surf. We are looking forward to your and the city final approval of this great project. Regards, David Hilts CVSC Founder Cell 951.347.0728 Website; Coachellavalleysurfclub.org 73-336 Salt Cedar St Palm Desert, Ca. 92260 CITY COUNCIL RESOLUTION NO. 2019-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE DSRT SURF SPECIFIC PLAN, PRECISE PLAN, AND TENTATIVE TRACT MAP CASE NOS. SP 18-0002/PP 18-0009/EA 18-0002/TTM 37639 WHEREAS, the DSRT SURF Project ("DSRT SURF" or "Project") proposes the development of a six -acre surf lagoon and surf center facilities to include a restaurant, bar, retail, up to 350 hotel rooms, and up to 88 residential villas on 17.69 acres of vacant land within the Desert Willow Golf Resort, including a Specific Plan (SP), Precise Plan (PP), Tentative Tract Map (TTM), Environmental Impact Report (EIR), and a Disposition and Development Agreement (DDA); and WHEREAS, pursuant to section 21067 of the Public Resources Code of the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) ("CEQA"), Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an EIR was required; and WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City Council did, on the 141h day of November 2019, adopt Resolution No. 2019-83 certifying the DSRT SURF EIR and adopted a Statement of Overriding Consideration in evaluating potentially adverse environmental impacts; and WHEREAS, on the 151h day of October, 2019, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. 2764, recommending approval of the project and EIR to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of November 2019, hold a duly noticed public hearing to consider the request by Desert Wave Ventures, LLC, for approval of The DSRT SURF SP, PP, TTM, a DDA, and adopted Resolution No. 2019-83 certifying the project EIR and adopting a Statement of Overriding Consideration for the above -noted project; and WHEREAS, all of the findings, recommendations, and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including by not limited to the Final EIR, SP, PP, TTM, and DDA, all of which is incorporated herein by this reference; and 1 CITY COUNCIL RESOLUTION NO. 2019-82 WHEREAS, all other legal prerequisites to the adoption of this Resolution have Ono occurred. WHEREAS, the City Council has not received any comments or additional information that constituted substantial new information requiring recirculation or additional environmental review under Public Resources Code Sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Compliance with the California Environmental Quality Act. The City Council has reviewed and considered the EIR, and administrative record on file with the City and available for review at 73510 Fred Waring Drive, Palm Desert, California. The City Council finds that the EIR has been completed in compliance with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the State CEQA Guideline and has adopted Resolution No. 2019-83 certifying the EIR. SECTION 3. Findings of Approval of Tentative Map 37639. 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. "" The project includes a surf lagoon and hotel development within the Desert Willow Golf Resort. The General Plan provides a land -use designation of "Resort and Entertainment District' for the entire Desert Willow Golf Resort, and describes the purpose of the District as providing "a range of entertainment and resort destinations uses that require large amounts of land and that draw visitors to the City such as theme parks, hotels, and sports facilities. DSRT SURF is consistent with the intent of the general plan in that a sports amenity and resort are part of the project. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvements of the parcel map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. The lot sizes, street and utility improvements, circulation patterns, and drainage improvements meet all requirements of the General Plan. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways will improve vehicle circulation in the vicinity. ... 4 4 2 CITY COUNCIL RESOLUTION NO.2019-82 3. That the site is physically suitable for the type of development. The site has previously been rough graded and stabilized as part of the Desert Willow Resort development. A portion of the site has been developed with an asphalt parking lot, and all utilities to support the development are nearby to serve the development. The EIR for the project has studied all potentially significant environmental impacts and finds that the site is suitable for this type of development. 4. That the site is physically suitable for the proposed density of development. The project site is surrounded by the existing golf course and multi -story timeshare development to the north, south, east, and west. As proposed, the site layout and distribution of land uses are consistent with surrounding development and the intent of the "Resort and Entertainment District" land use identified in the General Plan. The Specific Plan includes allowances for the development of hotel, commercial, and recreational development within the project area at heights and intensities similar to existing timeshare development within the immediate area. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. For purposes of the CEQA, an EIR has been adopted for the project. The action to approve the TTM to further subdivide the property will not cause substantial environmental damage or injure fish, wildlife, or their habitat since the surrounding area has been developed with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the project will pay into the Coachella Valley Multi - Species Habitat Conservation fund for the development of raw land. 6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The design and layout of the tract map are in compliance with all grading, drainage, shared vehicle access, and parking requirements of the SP. The properties will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the building and street layout and open space provided throughout the project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways. Mitigation measures are also in place to minimize air and noise impacts from the project to nearby properties. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the planned subdivision. The project will utilize and enhance existing drainage, water, and electrical distribution easements located within and adjacent to the project site. The tract '93 CITY COUNCIL RESOLUTION NO.2019-82 map identifies the use of this area and will record an easement for drainage memo purposes. Improvements related to drainage will be provided to ensure the project area accommodates 100 percent of the 100-year storm. Surrounding perimeter 6-0 City streets are built -out to the General Plan designation. In addition, the developer and the City will make modifications to install a new traffic signal at the intersection of Cook Street and Marketplace Drive to accommodate existing and increased vehicular traffic demand. SECTION 4. Findings for Recommended Approval of Specific Plan. 1. The DSRT SURF SP, as proposed, is consistent with the goals and policies of the Palm Desert General Plan, including that the project provides a unique resort destination and recreational amenity consistent with the intent of the Resort and Entertainment District, provides an appropriate scale of development that is compatible with the Desert Willow Golf Resort, expands local employment offerings, and increases the City's sales tax base. 2. The DSRT SURF SP is compatible with adjacent properties and surrounding uses and development standards are similar to existing standards for the Desert Willow Golf Resort, and the Westin Desert Willow Villas, in that building heights and setback standards are similar, that the new buildings are substantially setback from existing residential development, and the resort nature of DSRT SURF is compatible with the existing resort uses at Desert Willow. 3. The DSRT SURF SP is suitable and appropriate for the location, access, and "' topography for development because the intent of Desert Willow is to provide a resort -style development, the site has been previously mass graded and identified for future resort -style development, all infrastructure to support the project is nearby and improvements to infrastructure to support the project are feasible, and access to the site has been studied and is deemed sufficient to support the project. 4. The proposed SP and TTM are not detrimental to the health, safety, or general welfare, or will be materially injurious to the surrounding properties or improvements in the City of Palm Desert. SECTION 5. Project Approval. The City Council hereby approves SP 19-0002, PP 18- 0009, EA 18-0002, and TTM 37639, subject to the conditions of approval. SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings, which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Rachelle Klassen, the City Clerk, is the custodian of the record of proceedings. SECTION 7. Notice of Determination. The City Council in approving the project directs Staff to file a Notice of Determination with the County of Riverside and the State Clearinghouse within five (5) working days of any Project approval. am SECTION 8. Execution of Resolution. The Mayor of the City of Palm Desert signs this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. „no n CITY COUNCIL RESOLUTION NO.2019-82 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve the DSRT SURF SP, PP, TTM, EIR, and DDA, subject to the conditions of approval. 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 ATTEST: /' 4'A� RAC ELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 5 CITY COUNCIL RESOLUTION NO.2019-82 CONDITIONS OF APPROVAL So% CASE NOS. SP 18-0002/PP 18-0009/EA 18-0002/TTM 37639 DEPARTMENT OF COMMUNITY DEVELOPMENT: The development of the property and all buildings pads within the SP boundaries shall conform substantially with exhibits on file with the Department of Community Development, and as modified by the following conditions. 2. The applicant shall record TTM 37639 within two (2) years of project approval. Construction of improvements, in accordance with the approved SP and PP, shall commence within two (2) years from the date of approval unless a time extension is granted, otherwise said approval shall become null, void, and of no effect whatsoever. 3. The applicant agrees that in the event of any administrative, legal or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense shall defend, indemnify, and hold harmless the City (including its agents, officers and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to Developer's approval of counsel, which shall not be unreasonably denied, and at Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify Developer and cooperate in the defense. Developer upon such notification shall deposit with City sufficient funds in the judgment of City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third party litigation of Project Approvals without Developer's consent, which consent shall not be unreasonably withheld, conditioned or delayed, unless Developer materially breaches this indemnification requirement. 4. The applicant shall comply with all terms and conditions as outlined in the DDA approved by the City Council. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved SP and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits or clearance from the following agencies: CITY COUNCIL RESOLUTION NO. 2019-82 Coachella Valley Water District (CVWD) Public Works Department Building and Safety Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 7. A cultural resources inventory shall be completed by a qualified archeologist prior to any development activities within the project area. 8. Should human remains be discovered during the construction of the proposed project, the project coordinator will be subject to either the State Law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance, all destructive activity in the immediate vicinity shall halt, and the County Coroner shall be contacted pursuant to the State Health and Safety Code 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendant (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 9. Land uses identified in the DSRT SURF SP and Planned Residential Zoning District are permitted within the SP boundaries. 10. Each developable parcel shall be subject to all applicable fees at the time of issuance of building permits for improvements within that parcel. 11. The applicant shall finalize a Turf Reduction Program (TRP) with the Community Development and Economic Development Department prior to a Certificate of Occupancy for the surf center. 12. All parcels shall develop in a manner consistent with the development standards contained in the SP. All other development standards not addressed in the SP shall comply with the Palm Desert Municipal Code (PDMC). 13. All future Phase 2 development within the SP boundaries shall generally conform to the architectural renderings provided in the SP and PP applications. Building design deviations are permitted, but shall conform to the architectural guidelines, colors, and material samples provided for in the SP. 14. Architectural plans for Phase 1 development, including the surf center, surf lagoon, and ancillary buildings were approved by the City's Architectural Review Commission. All other buildings associated with the Phase 2 development shall submit an Architectural Review application to the Department of Community Development for review prior to issuance of a building permit. The application will be forwarded to the City's Architectural Review Commission for a hearing and final approval. 7 CITY COUNCIL RESOLUTION NO. 2019-82 15. Final landscape plans shall be prepared by a registered and licensed landscape architect Ono and submitted to the Department of Community Development for review. The plans shall be consistent with the preliminary landscape plans reviewed by the Planning ftsw Commission unless changes are requested by Department staff. Changes shall be limited to plant quantities, sizes, types, and phasing of landscape improvements at the project site. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficiency Landscape Ordinance. B. Planting plans must show the location of proposed and existing utilities. C. Must match approved civil plans. D. All specifications and details must be site -specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. 16. The applicant shall pay into the City's Public Art Fee as part of the development of the SP. It is recommended that this fee be used for an on -site public art project within the SP boundaries. Public Art Fees are due at the time a Building Permit is issued for the development of any Planning Areas. 17. Lighting and photometric plans shall be submitted in accordance with the PDMC Section 24.16 for any landscape, architectural, street, or parking lot lighting. 18. Sports Lighting is permitted for use of the surf lagoon as identified in the SP. Generally, the use of sports lighting is permitted until 10:00 p.m. Monday through Thursday, and midnight Friday through Sunday. 19. Special events, which exceed 1,500 spectators, shall not exceed a maximum site capacity of 5,000 spectators. Prior to hosting any special event, the operator shall finalize a Parking Management Plan (PMP) for special events with the City's Community Development Department and identify all traffic control and off -site parking strategies. 20. All mitigation measures identified in the EIR Mitigation Monitoring Reporting Program (MMRP) shall be incorporated into the planning, design, development, and operation of the project. DEPARTMENT OF PUBLIC WORKS: Public Works has reviewed TTM 37639. Following are the conditions of approval. Prior to recordation of the tract map and any permits: 21. The tract map shall be submitted to the Director of Public Works for review and approval. 22. Horizontal control requirements shall apply to this map, including state plane coordinates, am which shall conform to the City of Palm Desert specifications. Now 23. Park fees in accordance with PDMC Section 26.48.060 shall be paid prior to the CITY COUNCIL RESOLUTION NO.2019-82 recordation of the tract map. 24. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project or the recordation of the tract map. 25. Drainage fees in accordance with PDMC Section 26.49 and Ordinance No. 653 shall be paid prior to recordation of the tract map. 26. Pad elevations, as shown on the tentative map, are subject to review and modification in accordance with Chapter 27 of the PDMC. 27. The applicant shall construct or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all public improvements as specified in the DDA. Improvements include, but are not limited to: A. The proportionate share of the installation of a traffic signal at Cook Street and Market Place representing 12.1 % of the cost of the signal and its installation, as required by Mitigation Measure TRANS-1 of the Project EIR. B. Public parking improvements. Prior to the issuance of grading permits, the applicant shall do the following: 28. The applicant shall enter into and record a drainage easement agreement with the City of Palm Desert for facilities shown on the approved tentative map. 29. Submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil plans must be reviewed for approval prior to work commencing. 30. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be used on the site to control predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 31. Submit a PM10 application to the Department of Public Works for approval. The applicant shall comply with all provisions of the PDMC Section 24.12 regarding Fugitive Dust Control. 32. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. BUILDING AND SAFETY: 33. This project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. N CITY COUNCIL RESOLUTION NO. 2019-82 B. 2016 California Plumbing Code and its appendices and standards. C. 2016 California Mechanical Code and its appendices and standards. D. 2016 California Electrical Code. E. 2016 California Energy Code. F. 2016 California Green Building Standards Code G. 2016 California Administrative Code. H. 2016 California Fire Code and its appendices and standards. 33. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1310. 34. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 35. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206) 36. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 37. Provide an accessible path of travel to the trash enclosure. The trash enclosure is "` required to be accessible. Please obtain a detail from the Department of Building and Safety. %ma 38. Public pools and spas must be first approved by the Riverside County Department of Environmental Health, and then submitted to the Department of Building and Safety. Pools and spas for public use are required to be accessible. 39. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per PDMC, Title 5. 40. All contractors or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700 41. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 15.28. Compliance with Ordinance 1310 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1310 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. a,,,,, 42. Please contact the Department of Building and Safety at (760) 776-6420 regarding the %am addressing of all buildings and/or suites. 10 CITY COUNCIL RESOLUTION NO. 2019-82 FIRE DEPARTMENT: 43. The project proponents/developers will pay required capital improvements and/or impact fees prior to the issuance of building permits. 44. Fire Department emergency vehicle apparatus access road location and design shall be in accordance with the current California Fire Code, the PDMC, and Riverside County Fire Department Standards, and as modified by the Fire Marshal as shown on page F.1 of the PP design book. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. NOTE: SECONDARY FIRE ACCESS IS REQUIRED FROM THE PROPERTY. 45. Fire Department water systems(s) for fire protection shall be in accordance with the current California Fire Code, City of Palm Desert, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 46. Tract/Parcel map development cases — Prior to building permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building materials placed on an individual lot. 47. The applicant shall secure secondary access onto Willow Ridge Drive via a gate with Knox locks. 11 CITY COUNCIL RESOLUTION NO. 2019-82 ... 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LL V O O a Q E c nv w > dr uY v u d roaL N a _ m N m Y V O N 1 N O w a C 10 V N 0CU? G C 66� O •� d a � a o :^ a E Z N N V to m m Z Q O L Q x .Ci O Q O o 3 C CC m a` cc n d � c c c Q ev V m V /o V n m m m E c in V) in — Q C :. c m c m c a d eqo _cNC N N N J G J J J m _C A d r_ V A a E 'It N r.J 4 ..0 CITY 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 4 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 ��irr Telr1 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. 12 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. 13 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) 14 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 15 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 `'"' 16 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. 17 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 18 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. 19 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 .r %40 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. 21 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. 22 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. 23 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 24 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 26 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. 31 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? 39 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 40 %wo 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. 41 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 .-a r,r .. wwr 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. 43 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 44 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. 45 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 46 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. 47 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 48 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 49 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 50 %-a .r 0" .r 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 51 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 52 W.40 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. 53 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. 54 too .. 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. 55 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. 56 6WA rl am ..s 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. 57 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. am %a 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 me 58 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 59 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 0 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). [am 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. 62 *"a %so ft"o 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 63 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. 64 No am %do 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. 65 RESOLUTION NO. 2019-83 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 66 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. 67 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 68 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. 69 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 70 two .go 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. 71 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. 72 om" .nr two 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. 73 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 74 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. 75 RESOLUTION NO. 2019-83 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 76 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 "" 78 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 79 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. " 80 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. 81 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 ... 82 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. 83 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 84 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) 85 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 86 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. 87 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. 88 am wo .r 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. 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Q) m Q) y Q) p4 U , >, `J W- m 4) (O 41 C Y m 41 V i = u aj Y U 'O 7 Q) m N u O .. p ++ O fo 'O Q) J L u N C> V p 3 fo H > U N f4 d w 7 m C l+1 7 +-' 1] ,a Z U .--1 Y Y 41 `p — u '� O y` o 0 c� a` 3 n n U 1 O t, > ro y «' m E c O "_ E -o a m o a, O io •'= ro p v c o u v Q> v i 0 v .m v Ln $ s o Cu (UD-' a` > n Y Q V W U f0 u m V G C m w t ti w C m E c A �, O C O c C a 4 F- C L cu J C J Q1 4J J J ba O N 47 c _ M al C to O. 7 O O E a U K O v lJ C RESOLUTION NO. 2019-83 L Q OM LL 'aR V Z` C "t r off. W w�, W O ca C- CV Cl) ZmZ p UL) 'u F I.-V/ ma 2cn W Z O Q c� G a m ° m m m •. E m m m m u tw m m E = CL L E £ o 0 0 0 0$ T m a O O-Eb O N ObD L O O ` N a" + it y O O O c C = p C O C O C O0 a) c O bD C v (7 u 0 u l) u l7 u l7 w p\ N u u u u u U a s u u a s u V (Y.1 a a a 0 o 0 0 0 0 0 0 o o cr am a s a s a a` a a m N a Y N D a C C m w > t laJ >>- GJ a N N .Q a O m L o� u_ 3 a-0 44) y a`, o> �n J O t 0 C) m O. u m a m — .p Y O1 GOi L C1 E u m 2 C O C Y O O_ a ca a YO "p o J m O Y u v = a a m m YO L m0 o E o v m 7 O Y m a 'p Cl p 71 �^ p J GJ Qi '^ 'E a o In a O u 4= O .--1 a a Q 4 t u Y J a O = v1 m E o �' u m a_0 t v a 3 rv— a 3 u m J m v L a w m 0 u p C ` c -0 ° E E n> Y 0-0 a ,� v v m m E a a o a a C a E Y a C .0 0 H J o CC C) o :� t c 0 3 m a m a 7 u 0 Y J -p 'p Y C= O C i^ C= a C m C •C L _ m O C a s a m = a a= .c O v� v-- 7 > N a a a > O �n O a— O= O u ^ y_• w O i^ `) E O L E a H a N V7 a C m a E C O u •N ry X `O Ln a U L Q tv 'O z a s 7 > o u 'O -O O O p W L 3 O` m a) u Y > Y of p m E = E fO O m a L 0 �' Y Y C = O O. J 0 J :ti m m = O c a J m VI E a� m V1 > m 0- o m Y a L Li t'' D_ X p J ra x - E "C :2 a x m c O° O '� c a Y Y Y ` Y-0 -0 E= a J C m a Y .�n Q = Oa0 W O a to o a O of 'n a u a`� o .4 o m E E v C m E m m o o c v m > N v p m E_ u != Y a N_ ro a J Y a c a >a o a o a> a ,a a m a+ m E —_ J a �-' v- E m p V u uY c n o E c E a o E— a n a 0 p c Lv Cxi 0 0 > j a C J m L m 'x — 'O ^ r V a `n u t E w e c n a n o Q o v m D o c a-0 a • Y LL o u a m c 2' Ln . a F p CL 0 a v m a~ N c o u 3 a`, aa) 0o J CL '�-. m e `^ 3 v E vi o o u d O. iri : 3 «c• u Y O— E ° a fO a C O 'on °1 m O? O a E a cr N O a— C m 'O C, W "O �O W O t�> W a t p W m � Q Y c u u u c u c % 9 � w w m Q C m = m E m E to c m E C N N in in in = L c = c C o m y m F L F -C t H m F- > iC+ H H in H C J a J a J a J a J m C M m a x m a E 600 rV O %..No RESOLUTION NO. 2019-83 Q O m a Z � � M m 0 a ;� o UJ U G7 fn N ZcrZ m 0U)0 E- U) 2 0 W Z O V (, 0o (A OC C 0 C O C O C 0 Y u u -0 . u u C O m ' .0 O to i-� O c O` u c c U O O O O _al 0a C N to u C N bD C Oc0 Y to CD G c j c O Y E 7 p Ou p OU tj 7 p '^ li -a 7 p p t m a eo O o _ u m O al uu al U m al Ouu m OD 00 y Y c O ` O ` aJ O O Caj c0 m c0 N 00 cOA C 00 �, C O C O c c O .t VI G L Cp V U� W U (J W U W ° C U W V U� U 0 U (D W T M> u u u Ql Q/ al u u u al a1 a u u !i a/ u u a/ al u u a) a u u al al u u u Ql al aJ w m o' o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of a ri a s a` a a` E ,a E o •c ° 'c c o a 3 L °c° cm c w :� O u •a �n d. v Y O -a m W L C ° c o` c E �' u C v v c am+ fa v a V r m Y Y u V m O V u m O n a c N c y al E o E a, F Y V E °u c Ca O O �_ E w D_ ,«: _ Y 7 U O al E N al al ° +� •> Q' rp 3 O C u 7 O E -c cr 'a 7 v Q1 a" O_ a- al aJ a_ C Oa O '= al L al L L u �,,, C •_ �n > •� 'o O a) al a) u — (/ O O of H_ cr c C C O — — m u 7 pa O C O _ 7 al al m -O 7 al cc co V N .--i of on O U O v Y aU L a .0 w o -D c O E O m_ E L �O L ru L a ° 3= c m = 7 u Q L 'D o 7 3 0 on c — c v o s c Y° "' V rw E u r C `1 C a L N o d0 h 0o N .N m 'O C c .0 c_ 7 a -o al E u a fO m -^ a r O o j\ E al al v cu .c 7 Q.1 v> L m Q 3 ? p H c 7 m .� O ° L u 3� to c T Y a p_ o a = rn H a c a W C L y t C al 'C 3 0a m N j p Y y O E `°L ;u ELOo o my a, L r`a >= � O Q o 3 no Y 00 to •a C 3 —_ m C m vi li C 7 O 7 O > '` m ;Y — Y — U Y m m E C W E^ m 7 O w in v U v o— 2 to a c V Y al cu u a/ Yro al t' a c 'o L fYa V% L > N aJ L v m a i0if m Q `1 L u` U O Q/ m a_ V U Y Y Ln u m ui — 0a a/ C U H m al N O" c V U u i a) W m ❑..0 c ccm 'yj 3 O m C u m O L ��+ V _ m m m LA N '2 c C> OC E C in V O G L Y Y 'N Q) a/ C O O `% Y to U= '^ y c O i0 `�- `^ H E O t y H m 7 a c m 7 c a o Y ° L al Ya " m oa L 7 O u �° F m c p N E C H L O N u C " 7 m C C 'a L a0 �..r cC U VI a) V Y C m H c C cmm L V al N mw 7 O Q Y ° 0b0 al °= O �' 7 X al v, a a U °�° ai y v` o u a C a, U .� a Y U V r w n E w Y m e _o val ' Y ,� 66 7 v E l� o O n E m m L n v c Y a ° �w D O u m o O p m O m 0 a oc l7 U fl l7 n lm 3 a (D v, 3 0 3 y Q v v lw7 aa) E W l7 ° ,3 W c7 m L W C _ C _ C C c C Y C C Q U U U m U m V m m w w w .c w V u C 0a Ga Oa .E 'E Ln ° C C C C C C C O m L _cL L L L m C J C J J J J J J H J 0o C_ V m al 2 m m a E K. C RESOLUTION NO. 2019-83 Q O a C3 Z C ,:r F � a o a.=0 ui ca fn N Z a: Z p u C=i 2pW Z O /Q V 2 v c o ., ,. v M _�� CL c rn o c a o o � ^ tLo a> 0 u �= 'O w u E 2 ro O a+ c r H O -0EL C C N C U o u C ou on u ai 01 oup o0 > a ou ocp ou m op O °cp 6C o c�i v i o L v CL c m o rco 0 Q 7 a r4 of o 7 Q Q a > 7 N Q- g .-. v O L a s Q rCO d 00 `p 0 V U C O v —0 v cu u u o u u o c .� mc m t C C O ` op C C " t a C V U W V Q W 0 Cu U U o i O 0 aui aui aui uui aui 'o a V u a' Q m rya o 0 0 0 a c-a' 0 0 a o cc a a a a a` a a a 0 a a a a 5 co aj C v 'O o �c w to O C u al N V p Qj �' Y -0 �+ N ry ro � fo .0 a — yr E O ro u ' O >- 'D C O— ti C O al uYi h_ H o y, C O v a v 3= t— a 0 � � " °a'o o v c C aci � a 0 o C a — O u a) 6 v rp > X tw H O g C u b a+ fo ro 7 Q/ L _° O = OCO 41 'C ~ v .O Q u aJ to O N N Op a v �.+ C > (o N y 3 Y C Y Ql O C d 0 m z— C U op E C N ` U _u .'� 0 Q C Ql Cl 3 v a Y aai a' �. g c° 0: 0 :� ,� T a Z N N N >, v" E E r' ar °0 w v v° o 'c E° a aa0i c a c �o ° a a� u> 3 to a > N ro N a>+ vi >a) 3 of L CU v d O C u .0 �+ ou ar Q/ +p-' O QJ f9 v p p w n - o is a v> ~ u � a fo Ll L c Vf 1+ = U — v @~ o> .� O C Q) N fo 'VI — .. a ro E n• E Y w u �cu w 3 m M u> ,> u .0 a' C' a) p 0 o w y N O C M rya a) � b0 •] ro C_ N fo C 'o a _ > m Cl. - N !_' C V to C C V C �.' C — Op — H N o @ op > p ate+ rn '� 7 ra al A+ V N N CO '� to _C vi Nai Y vi — 'u _ C rl °o a +�+ _ fO u u '^ mo E ra E Y C^ u ai W ro ro r ro C >' u a u o v x " 'u .. > L w am 0 .— — .p-' al O O .-. E Ou O c ro NO E N "O ] L -p rp a+ j 3 E — O p Q) ra ro � a — ra n °° o y a c— ,. �, a, oo v oo ar C c .�Gi o> a a Q E C C (O u 2 mN C u C p m C •C fo u p C — C .0 of C u O of N w- O c op 'op r`0 N m i.+ la 3 H •r9 N ip ° v C a C tCU Co C o? o v aZi " a c E r`a o c N N V a$ c o aEi a s `° p 'O t"o rn o a > Q/ C ro a/ op — m C 7 W � a' H 'tp > a to p a c L m °° '~° a s c E 3 0 3 c o t; �, 'p 0 7 .. oc c �^ r` a to C op op n. `� ° > C C _E 0 u p a O O y >> m op C C c d A ... O p ro rya C `1 I— E ra a 0 v 'Cu . r p _C N �+ C ur O .N t— — y N O a' n �o u 3— p u C N d 7 a, ,p C to O` -o E tc u O �n 'a+ !^ 7 !� ro t N F-- N C >' O v C ro to C w fD Ql `O U 3 > > H t g op -C �+ .�. U rn al m C t >— O O V ,. o O N a *c C ro Y V u c a 7 O 3_r p— Q C u ra u v u ra C 0 E u .N O CQ U r3a � - � N OD WO \ al E Q/ Q 3_W L > ...- +-' n — N .p C C ro C E T O C a oD C F- Q a 0 n N u _ ° = to O o ,C O al O a/ U C O o �, N L N • m cf r0 C `� 7 N w to Op C Ol C bf 7 E v 'C u W v Q1 7 ~ C O v f .--1 c � u a� 3 L °c_p _M :. a `' o ra o w 3 om O r a°i W' a p> a I'� O m O cu OW l7 op c 3 6- l7 v 3 a UJ l7 a a E N Ol m 7 uj fyo j C '�° op m v ._ > a l7 r u v 3 v l7 ° l7 w Q C c u m C ro Y @ u m c C c op op t . W c -O E c c n in in oCo in � m a o r C m c @ c rp c C — a C ro ro t ro 'O yv O J J N J J v^ v^ a C r>o to C J _ai J Z) ba C m ro 0 aJ a/ 7 c L O a C C 'N C7 w 4� boa no low rr4w RESOLUTION NO. 2019-83 Q cc 0 O cc /aR V Z a� CC CL O a ;� o cc 03 cy 9 z 0 U) L) - N Z CC cc 2 cn 0 W Z O Q r 5 O to to m O - m LnQ a c = C O O 't O c Q Vt a G C Y V N N f0 C O U i U c w fO U c w V O• u �n O w m0 m N c p u aa• H '^ > H N u aJ Y Y p E C �• aD i.+ OO �• C u mO C u m O. U �' V V c t 2 aa-• 7 �-• V r6 a u 0 u d u o T m Y a au a u C 2O O s C c O a u a o a aJ c C a c °�° +-% O a a 0 c 0 O c •c w p O a t O Na cc0 r6 w. u a C CU uJ c a m t; u L a s > c ap � .>• - c p ra a uu a ULu u0u aoj a c 0 o ? a L c v a O a L u o Ln :� C)- 3 a E m 2 3- tw 5 s c a 3 ra c 3 o a`°i n a 3 w c m t p o u= a` E ra r6 o a a u a C 0 a E = 0 al O C O > a a .�a > .-• aw Ysc a ` Q C 3 0 H C �' N a6 c p 0 3 E a o= c Q o v _ a Y a > c o a a u O u a+ H M 7 N C! m u a a O -p aa`J o a`J 3 -o aJ L v a c o i 2 y a `J ° o E c a a u U a aJ a c o � a u rn` p a a u = u a c co »- ra 3 c o O E o Q v O a W > - O M C CL 2 �• a w a+ � C ai p� u a a .rp p a c d v v o r`9 a o �• C N a a- = - L c a) -C N a Y p N V O_ a 76 a Z fD r0 6n 6 - 3 aui 3 L u N> p^ a> ra o N v' n Qj a ff `^ r6 a.• E u p_ r6 c Z• rn o E ro a u a v - �, v a c u a ro L a a o• a O E O u a 7 L ra a @ >-0 a E �,, oa O fO L tJ ro O` 0-=a w N '� �, a a " 3 c r6 = t N O `o a c c a 6`6°°o O N 4 u �> a O a a 9 •v a- t O a 2 C a u N aJ CO L wo O E 0 - nvi Ea� o ``c O 6D c -'n o> 6 nc yr iVd Y 7 W p L 7>a f ' pmo 8 a a E a)v a a) u 0 c aoJ yu p o - c aca! '6 Y N a O O p a > p E a.) a a' O>> d°6 a a o a u m a (u u H whu m op E a -o ry C c rri v v Q a p Q aJ a p 0 r6 o a p • Q a ,:y a y x E x 6`a E r o a Q c c ro c mra c c � w u w u u w u w ra a c 6a c o6 c m c ea c m E c in in in in in •.2 � rca rca c rca O m -C -C VI V1 V1 a a a N a V1 a m c a m c = V_ aJ �ra 7 C7 a _p Ln m a O u E m = 3 a RESOLUTION NO. 2019-83 Q v M0M a z = F R p� CL o 0 T LL •� d O ca CL CV cn Z Z 0tou F_-H(n Z M tow z 0 Q F- 2 Q) m Vf � O O w > 0 >- w >, C - N u u u O O > H C C cu v� nr% O c O0Y n O on u .J c7H C 4/ > a 12 a p u C U- u u c Qa) E w Q� oa to m U O o u Ov o y OD o Q �- - Q 0W E a � c o o f a o 0 u L cD O LL y N u Q! u al u Cl 'o V a) C � Y2 o O �[ O N �= tw }; p O CL O a O d O d 0 d O E v c u o o u c a. Qi c„ c " c c E cu a u c w c � Qr c u Qci c CL a _O Q) 0 Ql m n- O_ Q O [L C d O p N W 10 > a 2 y O` O` U O Y CL a a :Ll O CJ a s a a v O` U a y 0 U D d �- O O V O a Y Q v O a m o U a -_ m a y C OQ O a V QJ L t Q! y Q1 3 to H- 7 .�+ 61 in a M o -o Q) o �+ a y .3 Y m m Y v" C; y o c o v •y a y a' N Y O •o -Q > ro c Qyci 3 0 C �, C Q) O u1 Q1 'D v� u U @ C) E-0 N_ a U QO Ccu Q r-1 fa u a O H a y X �_ y .� m. u p m Q/ C v� 7 Q/ c Q! c .� Q1 O v Vl (aQ C cv E C .0 N a Y fa a'C. c m c U o m y VI Q) C a y LL Q Y E O �^ L �«- �o H O O ` v +.+ C1 y E '^ � L C tQ .- Q) C � 2 L -0 a ,. C H Q +. t C e u0 y Q1 c Y- a O` al Ql W m W a Q) -0 M-C Q! C .-� C u Q1 `1 -0 N 7 Q1 o LD U E - N C Ql N 'n C O F 7 7 fTQ _ L !n C V y a Q1 .. m - C �+ tp •'C= cc u N UM Q1 H N .O- Y H E L- _ O 'n -C Q C E O Q! 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Z Ql m V '� o' c"r Ln Z U c V1 O '^ al p +_+ Q C aJ aj �, H Q a) O 2' Q o f �, Q a H .p O Z N Q O m Z !_+ 'C Q C E m a a>i F- Y —o n H a` v v F a` cu u a` ~ a` m Fes- Fes- vp O Q m u c C m C ti .u u u m u O on in oo c m c tko w E C c � in `n in on in O Y L c m rco .0 m J J a1 J y J J J J as C m a! w _+ V m a E oc 0 ago w %wo RESOLUTION NO. 2019-83 Q cc C) OM cc a Z C � CC acc acm ojj�N CC pcn0 F cn cr cc cc 2 cn 0 W Z 0 V C v W 0 0 0 0 0 0 ° o �_ v v� v v v m E '0 c C ` U C m -CO C O m O m 7 0 a) N H d H al lTl N Ql U N E ° oa 2 ° ° u m o u )0 0 to a o c _c o a o u n ,� c C o u aa) U u o a) u a u 0 a to A Y _ Y m 0. U U p U U U c C(Nj O C V C a) C `p u E O ar ` c of c w= C C L CCL 0 0 m p u p ° O� v C C) p .D p al p U 3 oa w � 2 a m n u a v= M w v v v a) .v iL O v� o m K a U U d K a) 2 CL aT+ U iL a u O ra a iL O '7 a m ? ° c a, )O O Y L u�i O Q) H al 7 ow C ° a) �' y LL vl i C LL um c w L O le fa 7 m> y C a) 0 ? 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