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HomeMy WebLinkAbout20673 - RESOLUTIONS - 7/16/2003 ' RESOLUTION NO. 20673 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTS TO SPECIFIC PLAN #1A, WHICH IS PROPOSED TO CONSIST OF 4 COMPONENTS: THE CANYON SOUTH GOLF COURSE REDESIGN AND CLUBHOUSE REMODEL, THE INDIAN CANYONS RESORT HOTEL AND SPA LOCATION, EXISTING AND PROPOSED RESIDENTIAL DEVELOPMENT, AND CONSERVATION/OPEN SPACE; REDUCTION IN THE PROJECT BOUNDARY BY APPROXIMATELY 20 ACRES AT THE NORTHEAST CORNER; AND REDUCTION IN THE PROPOSED NUMBER OF UNITS FOR THE SPECIFIC PLAN BY 37 UNITS FOR THE PLANNING AREA ENCOMPASSING APPROXIMATELY 721 ACRES LOCATED SOUTH OF MURRAY CANYON DRIVE, NORTH OF ACANTO DRIVE, WEST OF THE PALM CANYON WASH, AND EAST OF THE SAN JACINTO MOUNTAINS,ZONE W,W-R-1-13, R-1-13,W-R- 1-A, R-1-A, 0-20, U-R, R-2,AND SP-1, PORTIONS OF SECTIONS 34, 35, AND 36. WHEREAS, the City of Palm Springs has initiated a request for amendments to Specific Plan#1A, ' which is proposed to consist of 4 components: the Canyon South Golf Course redesign and Clubhouse remodel, the Indian Canyons Resort Hotel and Spa location, existing and proposed residential development, and conservation/open space; reduction in the project boundary by approximately 20 acres at the northeast corner and reduction in the proposed number of units for the Specific Plan by 37 units for the planning area encompassing approximately 721 acres located south of Murray Canyon Drive, north of Acanto Drive, west of the Palm Canyon Wash, and east of the San Jacinto Mountains, Zone W, W-R-1-B, R-1-B, W-R-1-A, R-1-A, 0-20, U-R, R-2, AND SP-1, PORTIONS OF SECTIONS 34, 35, AND 36; and WHEREAS, the proposed amendments are consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider a request for amendments to the Specific Plan was issued in accordance with applicable law; and WHEREAS, on June 25, 2003 a public hearing on the request for amendments to the Specific Plan was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider a request for amendments to the Specific Plan was issued in accordance with applicable law; and WHEREAS, on July 16, 2003 a public hearing on the request for amendments to the Specific Plan was held by the City Council in accordance with applicable law; and ' WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. /3d* \G�V VI LVVI.! Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: ' Section 1: Pursuant to the California Environmental Quality Act(CEQA), the City Council finds that: a. The proposed Specific Plan Amendments are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration(MND),certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.The FEIR, MND, and current EIR Addendum for Case No.5.0576-SP-1 A adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council has independently reviewed and considered the Specific Plan #1A Amendments and determined that they are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declarations. The City Council further finds that with the incorporation of proposed mitigation measures,potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore: recommends approval of the EIR Addendum for this project. The justification for not preparing a subsequent EIR is provided in the EIR Addendum.The revised project does not involve: • substantial changes to the project analyzed in the EIR which would involve new ' significant effects on the environment or substantially increase the severity of previously identified impacts; • substantial changes with respect to the circumstances under which the project is being undertaken which would involve new significant effects on the environment not analyzed in the EIR or substantially increase the severity of previously identified impacts; or • new information of substantial importance which would involve new significant effects on the environment not analyzed in the EIR or substantially increase the severity of previously identified impacts. The preparation of an EIR Addendum is appropriate if some additions and changes are necessary but there are no new significant effects, no increase in the severity of impacts, and there is no new information that was not previously analyzed. The Specific Plan amendment would result in: • a reduction in overall density of the Specific Plan by 37 units; • the location of 230 single family residential units west of South Palm Canyon Drive; • the removal of any hotel, commercial, and restaurant uses from west of South Palm Canyon Drive; and • a 38% reduction in the number of trips generated by the project. All potential impacts were previously analyzed and the impacts associated with the Specific , Plan Amendment will be reduced due to the overall reductio in density, the reduction in intensity of land uses west of South Palm Canyon Drive, and the increase in lands designated for conservation.The existing development is consistentwith the proposed and /fie Page 3 ' existing Specific Plan and therefore, conditions have not changed. The information in the EiRand subsequent environmental assessments are consistentand the components of the project are consistent. Section 2: The proposed amendment to the Specific Plan text is consistent with the goals, policies, and objectives of the General Plan and will result in conformity of the project with the General Plan. The revisions to Specific Plan #1A will facilitate the four components of the plan: the Canyon South Golf Course and Clubhouse, the location of the Indian Canyons Resort Hotel, existing and future residential development, and conservation/open space. The boundaries of the 7 planning areas remain the same as the existing Specific Plan with the exception of Planning Area #4, which will be reduced by approximately 20 acres in the northeast corner, in order to comply with the terms of the Sierra Club Stipulated Judgement. All developable boundaries will also be consistent with the terms of the Stipulated Judgement. The conservation component of the plan totals approximately 238 acres, an increase of 38 acres over that previously approved. Most of the land reserved for conservation purposes is in the western half of Section 34. There are also approximately 35 acres of land designated for conservation located southwest of the Canyon Heights development and 31 acres of the Palm Canyon Wash near the eastern boundary of the Specific Plan. Section 3: The amendments to the Specific Plan are appropriate to the area and will benefit the subject property as well as surrounding properties due to the reduced intensity of development west of South Palm Canyon Drive and the overall reduced density of development by 37 units for the project area. The proposed amendments also more appropriately reflect current ownership and development patterns in the project area, especially with regards to the location of the hotel and individual single family residential development. Section 4: The amendments to the Specific Plan do not increase the previously assessed environmental impacts in the FEIR and MND for the Canyon Park Resort and Spa. In addition, the proposed amendments will be consistent with the General Plan designations for the project area. Section 5: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club Judgement, the City Council finds that the proposed project is consistent with the terms established in the Judgement. The proposed Specific Plan reflects current property ownership and development patterns. Development has followed what was approved in the master plan for the area and therefore, will be consistent with planned land uses in the area. The proposed amendments have been analyzed in relation to the Sierra Club and Andreas Palms stipulated judgement, filed with the Riverside County Clerk on August 18, 1993, and found to be consistent with the terms of the agreement. The specific plan has been designed to comply with the terms and conditions of the ' Stipulated Judgement. Based upon the proposed plan, significant additional environmental protections are incorporated into the revised Specific Plan. They include the relocated hotel site outside of Peninsular Bighorn Sheep(PBS)habitat, / 06tv3 mubUIU41U11 LVV/D Page 4 additional open space in PBS habitat, additional open space in the Palm Canyon , Wash,and reduction of the Specific Plan boundary by approximately 20 acres at the northeast corner. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby recertifies the previously certified Final Environmental Impact Report and Mitigated Negative Declaration for the Canyon Park Resort and Spa Specific Plan #1A, the.EIR Addendum and associated Mitigation Monitoring Program, and the amendments to Specific Plan #1A, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 16th day of July , 2003. AYES: Members Mills, Oden, and Mayor Kleindienst NOES: None ABSENT: Members Hodges and Reller-Spurgin (Hodges - Excused) ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 4ityr City Manager Reviewed and Approved as to Form: 1 / 3e IV Resolution 20673 Pages 6125-103 EXHIBIT A Case No. 5.0576 SP-1A Canyon South Specific Plan South of Murray Canyon Drive, north of Acanto Drive west of the Palm Canyon Wash, east of the San Jacinto Mountains July 16, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations except as specifically modified herein. la. TheAgua Callente Development Authority and Palm Canyon, LI-Cshall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body,advisory agencies,or administrative officers concerning Case 5.0576-SP- IA. The City of Palm Springs will promptly notify the applicant of any Such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing,the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. The mitigation measures of the environmental assessment and mitigation monitoring , program as approved as conditions of approval, dated June 25, 2003, shall apply. Mitigation measures are as follows: a. A traffic signal shall be installed when warranted at the intersection of South Palm Canyon Drive and Murray Canyon Drive. Project: Fair Share Contribution: 66.35%. b. A traffic signal shall be installed when warranted at the intersection of South Palm canyon Drive and La Verne Way. Project Fair Share Contribution: 67.89%. C. South Palm Canyon Drive, north of Murray Canyon Drive, shall be improved to provide four through lanes. Project Fair Share Contribution: 67.89%. d. The design of the final layout of individual site access driveways or roadways shall be subject to review and approval by the City Engineer prior to issuance of building permits on any site. e. Appropriate right of way shall be dedicated with each individual project approval to ensure the ultimate improvement of planned roadways within the Specific Plan boundary. f. All public streets within the Specific Plan boundary shall be designed to City of Palm Springs standards. ' g. General Plan bikeways and horse trails shall be incorporated within each applicable project design within the Specific Plan boundary. h. Individual project driveways or roadways on Murray Canyon Drive or South Palm Canyon Drive shall be stop sign controlled. i. A golf cart circulation system, in conformance with State law and City of Palm Springs standards, shall be provided within the Specific Plan boundary. j. The hotel operator shall operate an airport shuttle. k. Applications for development shall be coordinated with Sunline Transit. I. All development proposals shall demonstrate conformance with City on-site parking standards. M. All development proposals shall contribute TUMF fees in the amount mandated at the time building permits are issued. n. The hotel development shall conform to the City's, Transportation Demand Management (TDM) Ordinance, if it meets the requirements of that ordinance. o. The existing per unit traffic mitigation fee for this project shall be revised by a traffic ' engineer, subject to the approval of the City Engineer, in order to implement Page 7 mitigation measures 1 through 3,to reflect the fair share contribution shown in each mitigation measure. P. Based upon the field surveys, available geologic literature and professional engineering analyses,it has been determined that,from a geotechnical perspective, the proposed Canyon South Specific Plan project is feasible on the subject property. The geotechnical investigations prepared on-site and in the immediate vicinity indicate that specific actions to mitigate geotechnical limitation of the soils, drainage, slope instabilities and groundshaking will be required. No geotechnical constraints have been identified, which cannot be mitigated by proper planning, design, engineering and construction. The recommendations provided below are preliminary and site-specific investigations and mitigation of geotechnical constraints must be based upon design-level geotechnical investigations and analysis. Mitigation of identified geotechnical conditions is not expected to result in economic impacts to the project that are atypical for the site or vicinity. The following mitigation measures include jurisdictional standards to assure adequate mitigation of geotechnical constraints and their reduction to insignificant levels. They do not represent new mitigation measures from those previously certified,exceptwhere local or state-mandated standards(such as Uniform Building Code requirements) have become more stringent. Wind Erosion 1. A wind erosion control plan shall be submitted to and approved by the City Engineer before grading permits are issued for any development proposal within the project area. 2. Maintaining moist surface soils, application of soil binders, planting stabilizing vegetation, and erecting temporary and permanent wind breaks, such as sand fences and walls, shall be required to help mitigate wind erosion. Soils shall be pre-watered prior to grading and the project proponent shall maintain site watering activities during grading operations and over the course of construction. Fault Movement and Groundshaking 1. An on-site geotechnical analysis shall be prepared for each development proposal, and shall include a deterministic and probabilistic ground motion analysis that establishes peak horizontal ground acceleration potentials at the site. The results of this analysis shall be applied in the seismic design of structures and other critical facilities. 2. All structural design shall be in accordance with on-site, soils and ground motion analyses, the most recent edition of the Uniform Building Code, including California amendments,and the seismic design parameters of the ' Structural Engineer's Association of California. 3. Additional geotechnical study and analysis shall be conducted on the proposed hotel site located at the southeast corner of South Palm Canyon Page 8 Drive and the Murray Canyon Drive. Said additional study shall be ' conducted in accordance with the Final EIR geotechnical study and prevailing geotechnical engineering standards. 4. The geotechnical study prepared for the Final EIR did not include subsurface investigation or laboratory testing of soils, with the exception of bulk sampling.Therefore,additional site specific geotechnical investigations will be necessary in order to make final recommendations regarding site preparation, grading, foundation design, etc., to assure an adequate level of mitigation of the limitations of on-site soils and the effects of differential settlements resulting from identified groundshaking potential. All geotechnical analysis shall be completed prior to the approval of building permits for individual development proposals. 5. Engineered slopes shall be designed to resist seismically induced failure. Slope design should be based on pseudo-static stability analyses using soil engineering parameters established in additional detailed geotechnical investigations, including subsurface investigation and laboratory testing. Testing parameters shall conform to anticipated groundshaking potential at the site. Other Geotechnical Mitigation Measures 1. During site grading operations all existing vegetation and debris shall be removed from areas that are to receive compacted fill. Man-made objects shall be overexcavated and exported from the site.Any trees to be removed ' shall have a minimum of 95% of the root systems extracted. Removal of unsuitable materials may require excavation to depths ranging from 2 to 4 feet or more below existing site grade. 2. All fill soil, whether natural on site or imported, shall be approved by the project soils engineer prior to placement as compacted fill. All fill soil shall be free from vegetation, organic material, and cobbles and boulders greater than 6 inches maximum diameter, and other debris. Approved fill soil shall be placed in horizontal lifts of appropriate thickness as prescribed by the soils engineer and watered or aerated as necessaryto obtain near-optimum moisture content. 3. Fill materials shall be completely and uniformly compacted to not less that 90% of the laboratory maximum density as determined by ASTM test method D-1557-78. The project soils engineer shall observe the placement of fill and shall take sufficient tests to verify moisture content, and uniformity and degree of compaction obtained. In-place soil density should be determined by the sand-cone method, in accordance with ASTM Test Method D-1556-64 (74), or equivalent test method acceptable to the City Building Department. 4. Finish cut slopes shall not be inclined steeper than 2:1 (horizontal to vertical). Attempts to excavate near vertical temporary cuts for retaining walls or utility installations in excess of 5 feet may in some areas result in gross failure of the cut and possible damage to equipment and injury to workers. All cut slopes must be inspected during grading to provide ' additional recommendations for safe construction. 5. Foundation systems utilizing continuous and spread footings are recommended for the support of one-and two-story structures. Foundations Page 9 for higher structures must be evaluated based on design of each structure and on-site soil conditions.The hotel building may require deep foundations to provide adequate load carrying capacity. 6. An adequate sub-drain system shall be constructed behind and at the base of all retaining walls to allow adequate drainage and to prevent build-up of excessive hydrostatic pressures. 7. Positive site drainage shall be established during finish grading, and shall include a minimum positive gradient of 2% away from structures for a minimum distance of three (3) feet, and a minimum gradient of 1% to the street or other approved drainage course. 8. All roof and canopy drainage shall be conducted to the street, off the site or to on-site retention facilities in an approved non-erosive manner. Drainage of development sites shall be accomplished in an approved manner to prevent erosion or instability. Water from off-site sources shall not be allowed to discharge onto development sites,orshould be conducted across the area in a non-erosive manner. 9. Utility trench excavations in slope areas or within the zone of influence of structures shall be properly backfilled in accordance with the following recommendations or as directed by the project geological engineer: a) Pipes shall be bedded with a minimum of 6 inches of pea gravel or approved granular soil. Similar material shall be used to provide a cover of least 1 foot over the pipe. This backfill shall then be uniformly compacted by mechanical means or jetted to a firm and unyielding condition. b) Remaining backfill may be fine-grained soil. It shall be placed in lifts not exceeding 6 inches in thickness or as determined appropriate, watered or aerated to near optimum moisture content, and mechanically compacted to a minimum of 90% of the laboratory maximum density. c) Pipes in trenches within 6 feet of the top of slopes or on the face of slopes shall be bedded and backfilled with pea gravel or approved granular soils as described above. The remainder of the trench backfill shall comprise typical on-site fill soil mechanically compacted as described in the previous paragraph. q. Alternative 3B impacts are clearly set forth in the Final EIR. It sets forth provisions for a variety of implementation measures, which have been determined adequate to reduce potential adverse impacts to levels that are less than significant. These include least disruptive design approaches, contouring and re-naturalizing of disturbed surfaces with rock and vegetation,and careful consideration of viewsheds affected by flood control improvements. Subsequent study and design provided in the April 2001 Master Drainage Plan and October 2001 Addendum further analysed 3-,6-and 24-hour storms for the subject drainages and included a consensus bulking factor to account for sediment transport. Facilities proposed to mitigate the threat from 100-year storm flows and to provide for storage/detention and conveyance of tributary and on-site runoff are ' described in detail in Section IV.2 of the Master Drainage Plan (see Appendices in this document). The following summarizes the facilities necessary to mitigate hydrology impacts. MUWAUuVu LU013 Page 10 1. Acanto Drive Storm Drain: Construct an underground storm drain in Acanto Drive to collect the tributary 100-yearflows from the Andreas Canyon alluvial cone. The subject storm drain shall provide inlets to pick up flows and will also provide stub outs for later connections. 2. Arenas North Channel: Maintain the Arenas North Channel along the northerly limit of the Ganz Parcel and construct a larger box culvert at the channel's easterly terminus at South Palm Canyon Drive and into the Canyon South Golf Course. Construct a sedimentation/desilting basin at the west end of the channel, approximately 1,900 feet west of South palm Canyon Drive, in conformance with the Master Drainage Plan. Detailed engineering plans shall be approved by the Riverside County Flood Control District and the City Engineer prior to construction. 3. Arenas South Channel: This channel flows easterly across the steep (-7%) alluvial cone at the mouth of Andreas Canyon, thereby enhancing flow transport of sediment. Flows will be trained into a rock-lined channel within a minimum 110-foot right-of-way and designed to resist high velocities and erosive forces. Improvements also include the raising of the South Palm Canyon Drive roadbed and the construction of a bridge over the Arenas South Channel,which will convey stormwater and sediment into the Canyon South golf course at an outlet to be located at the northeast corner of South Palm Canyon Drive and Bogert Trail. Detailed engineering plans shall be approved by the Riverside County Flood Control District and the City Engineer prior to construction. 4. Dry Canyon Desilting Basin & Channel: The April 2001 Master Drainage Plan outlined three alternative plans to address Dry Canyon Wash flows and associated sediment loads. Each involves the construction of a desilting basin at the northwest corner of Acanto and South Palm Canyon Drive,and has a relationship to both the Acanto Drive and Arenas Lateral facilities. Each alternative will require raising the Acanto Drive roadbed at its intersection with South Palm Canyon, Drive by two to three feet to accommodate underground culverts associated with these alternatives. Each alternative has been determined adequate to provide protection from 100-year storm peak flows and are briefly described below. Alternative No. 1:This alternative combines the flows from the Acanto Drive Storm Drain and the Dry Canyon Desilting Basin and conveys these to the Dry Canyon Channel via an underground box culvert. The Dry Canyon Channel would be located on the east side of South Palm Canyon Drive and would require additional right-of-way from the Stich(TM No. 30050) Parcel. Alternative No. 2: Similar to Alternative No. 1, No. 2 would place the Dry Canyon Channel on the west side of South palm Canyon Drive and would intercept tributary from south of the Arenas South Channel. Combined flows will be discharged into an underground box culvert and discharged into the existing basin located at the northeast corner of South Palm Canyon Drive and Bogert Trail. Alternative No. 3: This alternative also conveys desilted flows from the dry Canyon basin along the west side of South Palm Canyon Drive, picking up ' upstream tributary flows but not combining flows with those from the Acanta Drive Channel, which would be conveyed north in an earthen channel or Page 11 ' underground pipe (see Exhibits 7B & 7C in the 2001 Master Drainage Plan in the appendices). 5. Dry Canyon Channel Alternative(Preferred):As discussed above and in the October 2001 Addendum to the project Master Drainage Plan, this alternative was developed and analysed to defer or preclude the need to construct the Dry Canyon Desilting Basin heretofore planned for construction at the northwest corner of South Palm Canyon Drive and Acanto Drive. This is proposed as the preferred alternative to manage the Dry Canyon drainage. In this alternative, all storm flows and sediment from Dry Canyon, which reaches the intersection of South Palm Canyon Drive and Acanto Drive, will be fully transported in a trapezoid channel and under Bogert Trail in a box culvert to discharge in the existing basin at the northeast corner of South Palm Canyon Drive and Bogert Trail. This alternative will allow the development of the Palm Canyon LLC (TM No. 30050 and 30046,formerly referred to as the Stich and Needleman parcels, respectively) without the construction of the Dry Canyon Desilting Basin outlined in the original April 2001 Master Drainage Plan. 6. Arenas Lateral: This proposed facility will consist of a trapezoid earth channel to be located along the west side of South palm Canyon Drive and extending approximately 700 feet south from the proposed Arenas South Channel. The purpose of this channel is to intercept westerly flows south of the Arenas South Channel and covey these flows into this channel. This facility would only be needed and built in conjunction with Dry Canyon Channel Alternative 1. 7. Ancillary Flood Protection: The April 2001 Master Drainage Plan and October 2001 Addendum set forth a variety of ancillary measures that must be taken to assure that all flood control facilities will function as designed. These ancillary improvements are set forth in detail in the referenced drainage plans,and include extensive bank erosion protection,development of training levees, phased construction and expansion of new and existing sediment basins, and the appropriate provision of all-weather access to developments within the planning area. r. Prior to the issuance of grading permits and during the life of the project the applicant shall prepare and update as necessary, a Lake Management Plan to ensure that the lakes prepared do not create a nuisance related to odors and insect vectors. The content of this plan shall equal or exceed those described under the heading Lake Management Plan, the impacts section above and these plans shall be implemented. S. Any pesticide application shall be administered by a trained pest control operator under the direct supervision of a Qualified Pesticide Applicator License (QAL) or Qualified Pesticide Applicator Certificate (QAC). t. Only slow release or controlled release fertilizers should be used.The nutrient value of the reclaimed water shall be part of the decision process. Page 12 U. Best management practices, (BMP's), which shall be utilized to help mitigate potential ground water contamination from pesticides and fertilizers include the following: For pesticide products on common and other general landscaping and turf areas: 1. Applications shall be spot treatments and not broadcast application. 2. Pre-emergent products which are nearly insoluble such as Ronstar and Surflan shall be used for ground cover and shrub beds. 3. Dachtal, a herbicide, shall not be used at the project because of its mobility in sandy soils and potential for leaching to underlying aquifers. 4. Insecticide application to turf areas shall primarily consist of Dursban,which is not readily transportable. At least two days shall be allowed after application of insecticides, before irrigating the affected area. 5. After treatment with 2, 4-D; 2, 4-DP; and dicamba for control of broadleaf weeds, the area shall not be irrigated for a period of 48 hours. 6. Only light, frequent irrigations shall follow Daconil, a fungicide, applicant to greens and tees in order to prevent leaching of this product below the root zone. 7. Applications of pest management products shall be recommended by a licensed Pest Control Advisor (PCA), and applied by or under the direct supervision of a Qualified Applicator, (QAL). For fertilizer products, the BMP's that shall be employed at the site are as follows: 1. The use of slow-release nitrogen sources such as Milorganite and ureaformaldehyde, shall be a priority,while the fast-release sources shall be avoided as much as practical. 2. Rates greater than 0.25 pounds of actual nitrogen per 1,000 square feet (10.9 lbs./A), using fast release sources of nitrogen shall be avoided. 3. The nutrient value of reclaimed water shall be calculated before fertilizer application rates are computed. 4. Soil tests shall be conducted three times per year on greens and tees and once or twice per year on other turf areas to determine nitrogen requirements. V. The applicant shall comply with all requirements for NPDES and Regional Water Quality Control permitting, including stormwater quality controls. W. There shall be an emphasis on plant species native to the immediate region in the sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within residential yards, non-desert, non-invasive exotic plants may be utilized as ornamental landscaping. Two invasive species, tamarisk and fountain grass, shall be prohibited in the Specific Plan area. The proposed plan and landscaping palette for this area shall be subject to the review of the Director of the Department of Planning and Zoning or the Planning Commission and a qualified biologist who is acceptable to the City. ' X. Pre-construction tortoise surveys shall be required for any project north of Bogert , Trail and west of Goldenrod Lane. The surveys shall occur no more than 36 hours Page 13 ' prior to the initiation of any ground disturbing activity in the area. Should desert tortoise be identified,the project proponent shall secure permits from the California Department of Fish and Game and/or the U. S. Fish and Wildlife Service, as required. Y. No wells associated with this project may be constructed at an elevation greater than the Henderson Palms oasis. No water diversion may be placed anywhere above the Henderson palms oasis within the canyon that the oasis is located in, or within one hundred yards of the palm oasis. No formal foot or horse trails shall be allowed within 100 yards of the palm oasis and signs shall indicate that no access to this area by people is allowed. Z. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. aa. The project shall do nothing to facilitate human entry into Arenas Canyon. This canyon still provides an important watering site for the Peninsular Bighorn Sheep. Trails, entry points or signs that encourage human entry into this canyon will further stress this species. bb. The lakes proposed as a part of the golf course shall where possible be allowed to supportt aquatic vegetation to provide food and shelter for wildlife. Mosquito fish ' shall be introduced into and maintain in the proposed lakes to control mosquitoes and to provide food for wildlife. CC. The project proponent(s)for any project requiring alteration of a stream or water of the United States shall secure 404 and 1603 permits from the U.S. Army Corps of Engineers and the California Department of Fish and Game, respectively, and 401 water quality certification from the Regional Water Quality Control Board, if required by law. dd. Project proponents within the Specific Plan boundary shall be required to construct a fence in the future, if it can be demonstrated to the City Council that direct impacts to bighorn sheep are caused by any component of the projects proposed within the Specific Plan boundary.Ten verified sheep sightings in a given 12 month period will cause the initiation of a site specific utilization study. The fence design, if required, shall be submitted to the City and any other responsible agency for review and approval prior to construction. The fence will be constructed within 12 months of notification by the City. ee. Monte Soreno Parcel 1. All construction activity will be confined to the project site with the exception of the temporary and permanent disturbance along the western side of the wash (see Exhibit 2 of "Biological Constraints Letter Report for the Monte Sereno Development Project," by Thomas I McGill, Ph.D., Michael Brandman Associates, December 2002). 2. The limits of the temporary disturbance zone will be cordoned off to preclude vehicular access easterly into the remaining wash area. --..-.. L..II Page 14 3. Construction activity shall stop before dusk each day to avoid attracting ' dispersing Casey's June Beetle males during the flight season (April 1 through May 31). 4. Access to the construction site will come:from Bogert Trail and will remain outside the wash. 5. Controlling dust by spraying water will be permissible outside the flight season and only within the designated construction zone. 6. The project proponent shall secure 2.46 acres of comparable desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily impacted shall be re-naturalized. 7. A six foot wall or fence, meeting City standards, shall be constructed along the eastern property line of the project site. 8. The payment of a $600 per acre fee to the City, for the purchase of open space/conservation lands, as previously included in the Mitigated Negative Declaration. 9. The payment of$85,000 total to the City or other conservation entity,for the purposes of purchasing CJB habitat off-site of the Monte Soreno project. ff. Properties West of South Palm Canyon Drive 1. Project proponent(s)forany development proposal south of Canyon Heights shall tag, remove, hold in storage and then replant within the development all large healthy cactus disturbed by the proposed development, particularly on the proposed earthern dam, basin (areas from from flooding) and other transition areas. Large healthy cactus are: Calico Cactus—anything over 8" is considered large; Barrel Cactus —anything over 8"; mammillaria Cactus —anything over two inches; Beavertail Cactus—anything over 8"; Jumping Cholla—anything over 18'; Golden Cholla—anything over 16'; Pencil Cholla — anything over 14". Removal activities shall be supervised by a qualified horticulturalist approved by the City. 2. If rock blasting is necessary, it shall be done between July 1 and December 31 to avoid causing complications for bighorn sheep and to ensure they continue to use water from the canyon. 3. Residential development west of South Palm Canyon Drive shall be separated from hillsides with a six foot block wall to prevent stray pets from entering bighorn habitat and stressing sheep. 4. Project proponent(s)for projects located west of South Palm Canyon Drive shall prepare CC&R's which prohibit domestic dogs and cats in all residential areas to prevent cats from roaming into natural areas adjacent the development and preying upon small native animal species and to preventing barking dogs from stressing bighorn sheep. 5. In conjunction with any approval on lands in Planning Area 2 subject to density transfer, the 20 acre site previously identified, at the western boundary of the Plan area, and the 35 acre parcel from which density shall be transferred, shall be deeded to the City as permanent, irrevocable open space. gg. A native American Monitor shall be present during all ground disturbing activities , within the Plan boundary. Should any buried deposits be encountered, the Monitor shall have the authority to halt destructive construction and notify a qualified Page 15 archaeologist to investigate, and if necessary prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. hh. Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. ii. The intact terraces shall be preserved as an example of a significant and unique historical feature. jj. Where possible, the aboriginal trail system shall be incorporated into the project design. Final determination of how aboriginal trails are to be preserved or recognized will be developed in cooperation with the Agua Caliente Band of Cahuilla Indians Tribal Council. kk. SCAQMD Rule 403 shall be adhered to, insuring the clean up on the construction- related dirt on approach routes to the site (sic). II. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be ' formed on the ground surface and then watered again at the end of the day. (AQMP Control Measure F-4 Control of Fugitive Emissions from Construction of Roads and Buildings [PM]). mm. The wheels and lower portions of transport trucks will be sprayed with water before they leave the construction area. (AQMP Control Measure F-4 [PM]). nn. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize blowsand. oo. Grading operations shall not be conducted when winds exceed 25 mph. (AQMP Control Measure F-4). pp. Any construction equipment using diesel drive internal combustion engines shall use a diesel fuel with a maximum of 0.05% sulfur and a four degree retard. qq. Any earth transported off-site shall be covered before the transport trucks leave the project construction area. rr. Grading and development permits shall be reviewed and conditioned to require the provision of all reasonably available methods and technologies to assure the minimal emissions of pollutants from the development.The Department of Planning and Zoning and Building Departments shall review grading plan applications to ensure compliance with the mitigation measures set forth in the EIR and as otherwise conditioned by the City. I UnUIUUUII LUU/D Page 16 ss. The City shall coordinate with project developers to encourage the phasing and ' staging of development to assure the lowest construction-related pollutant emission levels practical. As part of the City's Grading Permit process, the applicant shall concurrently submit a dust control plan consistent with the City's Air Quality Management Plan. Mitigation measures to be implemented through this plan include but are not limited to the use of watertrucks and temporary irrigation systems, post- grading soil stabilization, phased roadway paving, as well as other measures which will effectively limit fugitive dust emissions resulting from construction or other site disturbance. tt. The City and project developers shall encourage effective design and implementation of transportation management programs forcommercial employees, which may include coordinated carpooling, off-peak shift times, employee flex time and other components. uu. Project developers shall consult and coordinate with the Sunline Transit Agency regarding the most optimal and safest location and design of on-site bus stops and turnouts. vv. The developer shall implement Coachella Valley Best Available Control Measures (CV BACM). The CV BACM will expand the SIP-approved BACM listed in Chapter 6 of the SCAQMD Rule 403 Implementation Handbook, to include the measures required by CV BCM-1 (including work practice: requirements). The CV BACM is being modeled on the Best Management Practices for Dust Control Handbook(e.g. ' required control actions based on specific activities, site conditions, etc.), but modified based on local Coachella Valley conditions. ww. Dust control plans shall be required prior to issuance of grading permits for each project proposed within the Specific Plan boundary. The plan shall include all required elements described in the adopted) Coachella Valley Dust Control Handbook. xx. The site-specific dust mitigation plan to be prepared for project grading and other construction activities shall be forwarded by the City to SCAQMD after local approval. SCAQMD staff will compile this information for compliance purposes but will not require a separate approval. yy. Prior to commencement of grubbing, grading or any other site disturbing construction activities, each project developer shall notify the City and SCAQMD at least 24-hours prior to initiating earth-movement activities. zz. Each project developer shall notify the City and the SCAQMD within 10 days of project completion. aaa. Construction site signage shall be required for each project within the Specific Plan boundary.Signage information that should be provided should at a minimum include the project name, permittee name, phone number of person(s)responsible for dust control, local jurisdiction phone number, SCAQMD phone number, dust control permit(plan)number,and project acreage. Construction signage shall conform with requirements set forth by the City and/or SCAQMD. Page 17 bbb. A dust control monitor(responsible person)shall be required during operations that involve actively disturbed soils on 50 acres or more. Monitor(s)must be hired by the property owner or developer, have dust control as primary responsibility, and have the authority to initiate or implement project dust control measures. ccc. Earth-moving operations at the site shall require pre-grading watering and the on- going application of water via irrigation systems and/or water truck to assure appropriate soil moisture and preclude significant dust generation ddd. Short-term stabilization (maintaining soils in a damp condition, surface crust, or chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months)shall be required for after- hours and weekends. eee. Long-term stabilization techniques shall be required within 10 days for areas where construction activities are not scheduled for 30 days. fff. To minimize construction equipment emissions,the developer and contractors shall implement the following: • wash off trucks leaving the site ' require trucks to maintain two-feet of freeboard properly tune and maintain construction equipment use low sulfur fuel for construction equipment ggg. To reduce construction-related traffic congestion, the developer and contractors shall implement the following: • encourage rideshare incentives for construction personnel • configure construction parking to minimize traffic interference • minimize obstruction of through-traffic lanes • provide a flag person to ensure safety at construction sites, as necessary • schedule operations affecting roadways for off-peak hours, as practical hhh. To minimize indirect-source emissions, the developer may also: • implement energy conservation measures beyond state and local requirements install low-polluting and high-efficiency appliances • install solar water heaters, to the greatest extent feasible • install energy-efficient street, landscape and parking lot lighting • include energy costs and design efficiency into capital expenditure analyses • landscape with native and other appropriate drought-resistant species to reduce water consumption and to provide passive solar benefits ' iii. To minimize building energy requirements, the developer shall implement the following: Page 18 • assure the thermal integrity of buildings and, as appropriate, reduce the ' thermal load with automated time clock or occupant sensors • use efficient window glazing, wall insulation and ventilation methods • use most efficient heating and other appliances, such as water heaters cooking equipment, refrigerators, furnaces and boiler units • incorporate appropriate passive solar design and solar heaters • use devices that minimize the combustion of fossil fuels • capture waste heat and re-employ this heat, to the greatest extent feasible jjj. To reduce PM10 emissions, the developer may implement the following: • chemically treat soil at construction sites where activitywill cease for at least four consecutive days • pave construction access roads as they are developed; extend paving at least 120 feet • from roadway into construction site and clean roadways at the end of each working day • restore vegetative ground cover as soon as construction activities have been completed • trucks that haul dirt, sand or soil shall be: covered or shall maintain at least 24 inches of freeboard, or both • construction sites shall be watered to reduce fugitive dust • chemically treat unpaved roads that carry 20 vehicle trips per day or more • chemically stabilize soil surfaces within 100 feet of roadways or establish ' sand fences within 50 feet of roadways • plant tree windbreaks utilizing non-invasive species on the windward perimeter of construction projects, where feasible • all construction grading operations and earth moving operations shall cease when winds exceed 30 miles per hour kkk. All construction activity shall be restricted to weekdays, during the daytime hours of 7:00 a.m. to 8:00 p.m., as specified by the Palm Sprigs Noise Ordinance, to reduce noise impacts during more sensitive periods. The Construction Site Regulations also identify specific limits on hours of operation for construction equipment as not between 5:00 PM to 8:00 PM with the restriction that if the noise produced is of such intensity of quality that it disturbs the peace and quiet of an other person of normal sensitivity,excluding federal holidays.Only emergencywork shall be allowed to occur outside these hours. III. All construction equipment shall be provided with functional and well-maintained mufflers to limit noise emissions. mmm. Grading and construction activity in the western and eastern portion of the project area shall be carried out in accordance with the requirements of the U.S. Fish and Wildlife Service and the California Department of Fish and Game. nnn. The design, selection and placement of mechanical equipment for residences and ' other buildings within the planning area shall include consideration of the potential noise impact on nearby structures, both within the development and in the surrounding community. Both roof-mounted and pad-mounted equipment shall be Page 19 screened by effective noise barriers such as parapet walls, block walls or similar, effective acoustical barriers with a minimal mass of 3.5 pounds per square foot of surface area. 000. Appropriate sound attenuation measures, such as silencers and/or barriers, shall be provided where necessary on outdoor equipment, including but not limited to cooling towers, air cooled condensers, refrigeration compressors/condenser units, and air intake and discharge openings for building ventilation systems. ppp. Appropriate sound barriers shall be provided surrounding any and all public facilities capable of generating disturbing levels of noise, including water pumping stations. qqq. Events at the hotel which include music on the grounds shall be conducted in accordance with the City's noise ordinance. rrr. Loud speakers used on the grounds of the hotel site shall comply with the City Noise Ordinance. sss. The pool area and outdoor terraces on the south side of the hotel building shall be sited at least three (3) feet below the top of dike elevation, in order to attenuate noise impacts. Should a design be proposed which does not provide for a lower pool and terrace area, the project proponent shall be required to demonstrate equivalent or greater noise attenuation for the proposed design. ttt. Acceptable truck/construction equipment routes shall be designated to limit impacts to adjacent properties. uuu. Site planning, building orientation and building specifications shall be carefully considered to provide shielding of outdoor living spaces from potentially significant stationary or mobile noise sources. Vvv. Effective acoustical materials shall be incorporated into building walls and windows, boundary walls, pool equipment and A/C equipment walls and other acoustical barriers to adequately reduce outdoor noise impacts on the noise environment. www. The developer may utilize natural noise barriers such as existing terrain, manufactured berms, boulders and dense vegetation to mitigate potential noise impacts. xxx. The use of proper building setbacks shall be required in accordance with the City of Palm Springs Zoning Ordinance. yyy. Project design shall include and meet State Code requirements for unit-to-unit airborne sound isolation, both laterally and vertically, and for vertical impact sound isolation in any multi-family residential construction. ' zzz. Proposed residential lots adjacentto South Palm Canyon Drive should be evaluated by a qualified noise consultant at more detailed levels of planning to ensure that adequate noise attenuation strategies are incorporated to meet the Palm Springs Page 20 noise standard of 65 CNEL in outside living areas and 45 dBA in interior living ' areas, prior to issuance of building permits. aaaa. Building designs,architecture and materials used in the developmentt shall conform with the project Design and Signage Guidelines,, as reviewed and amended by the City. bbbb. Landscaping plans and materials applied to development area boundaries shall serve to create a harmonious transition and living complement to the built environment. Native and appropriate non-invasive non-natives shall, to the greatest extent practical, be applied in a manner that emulates the natural vegetation pattern. Boulders and walls should also be considered to lend rhythm and massing and to help smooth the landscaped edge. cccc. The natural vegetation of the site shall be preserved in open space areas. Necessary grading or other disturbance in naturally vegetated areas shall be revegetated with native plan species. dddd. Boundary walls, visual screens and fences shall be constructed so as to blend with surrounding areas. Construction materials may include stone and stucco, wrought iron and steel fencing, and other appropriate materials which quickly acquire a patina or are painted, stained or coated to blend and harmonize with the surrounding environment. eeee. The existing concrete embankment linings of the Palm Canyon Channel adjacent to the project site shall be stained to match native soil by project proponents developing adjacent property, if permission can be obtained from RCFC&WCD. ffff. Channels to be constructed as part of the flood control improvements within the Specific Plan boundary shall be unlined or lined with rip-rap wherever possible, subject to the approval of the RCFC&WCD. gggg. All flood control improvements within the boundary of the Specific Plan shall include landscaping plans which minimize the potential impacts associated with the construction of these facilities to local viewsheds. hhhh. All outdoor lighting shall be in compliance with the City lighting ordinance. Other lighting recommendations include: - 1. Outdoor lighting shall be limited to the minimum height, number and intensity of fixtures needed to provide security and identification, taking every reasonable effort to preserve the community's night skies. 2. Lighting fixtures shall be of appropriate scale, style and character of the architecture. No lighting which incorporates flashing, pulsing or is otherwise animates shall be permitted. 3. Elevated lighting, including but not limited to parking lot lighting,shall be full- cutoff fixtures. Drop or sag lens fixtures shall not be permitted. iiii. Site grading and finished pad elevations shall substantially conform to those submitted by the applicant as part of this development review and analysis. Every Page 21 effort should be made to keep pad elevations to the minimum necessary to meet design goals, while being responsive to the need to minimize building profiles. jjjj. All development plans, including grading and site plans,detailed building elevations and landscape plans shall be submitted to the City for review and approval prior to the issuance of building permits. kkkk. Each development shall provide adequately and appropriately screened outdoor storage/loading and other service areas, protected and enhanced outdoor seating areas, as necessary, and appropriate levels of lighting, limited signage, and the thoughtful use of landscaping that preserves and enhances visual resources. llll. All project signage shall be in compliance with the City sign ordinance or in the approved Design and Signage Guidelines. Signage shall be limited to the minimum size, scale and number needed to provide functional identification and exposure necessary to convey messages, while minimizing impacts on traffic safety, streetscape, scenic viewsheds and the aesthetic character of the development. mmmm. Domestic Water 1. Project applicants shall provide all on-site water system improvements required to meet water supply need for the proposed project as it occurs. 2. All appliances such as showerheads, lavatory faucets and sink faucets shall ' comply with efficiency standards set for in 24 of the California Administration Code. 3. All facilities shall provide lowflush toilets and urinals as required in California State Health and Safety Code Section 17921.3. 4. All pipes used for steam and steam-condensate return and for recirculating hot water piping in attics, garages, crawl spaces or unheated spaces other than between floors or in interior walls shall be insulated in compliance with Title 24 of the California Administrative Code. Water heating systems shall also be insulated. 5. Irrigation shall be properly designed, installed, operated and maintained to prevent the waste of water. Drip irrigation and other water application techniques which conserve water such as soil moisture sensors and automatic irrigation systems shall be incorporated into the project landscape plans. 6. Landscaping shall emphasize drought-tolerant vegetation. Plants of similar water use shall be grouped to reduce over-irrigation of low-water-using plants. Those areas not designed in xeriscape shall be gauged to receive irrigation using minimal requirements. Residential occupants shall be informed as to the benefits of low-water-using landscaping and sources of additional assistance. 7. Tertiary treated wastewater shall be used as irrigation for common area landscaping, the golf course and those man-made lakes and ponds not intended for human water recreation, if made available to the site by DWA. 8. The use of reclaimed water shall meet all requirements set forth in the ' California Administrative Code, Title 22, and the Guidelines of the State of California Department of Health Services. Page 22V 9. Copies of reclaimed water and potable water piping shall bekept in the office ' of the City Engineer. nnnn. Wastewater Services 1. Project applicants shall provide all on-site wastewater system improvements required to meet wastewater supply need for the proposed project as it occurs. 2. Individual project applicants shall pay sewer connection fees required to provide sewage collection and disposal to the project site. In addition, individual project applicants shall pay a sewer connection fee of$146.19 per residential unit for construction cost of a '15"sewer main at Granada Avenue and La Verne Way. 3. Individual project applicants shall establish a mechanism for on-site maintenance of sewer lines. As appropriate, covenants, conditions and restrictions (CC&Rs) shall identify responsibilities, a maintenance district shall be established or a maintenance contract shall be signed with a private firm. 0000. Solid Waste 1. All projects within the Specific Plan boundary shall comply with the provisions of AB 939, as implemented by Palm Springs Disposal Services. 2. Individual project proponents shall incorporate collection/storage facilities for ' recyclables in all hotel, spa and sports facility designs and shall require residential builders to install a cabinet for recyclables in each residential dwelling unit. 3. Recycled products shall be used in the construction of all structures within the Specific Plan boundary to the extent possible. 4. Green waste shall be recycled through a waste disposal hauler to the extent possible. 5. Individual project applicants for residential projects shall require builders to provide a storage bin in the yard of each single family residence for green waste. 6. Any storage of hazardous materials within the Specific Plan boundary shall conform to all State, regional and local regulations for such materials. 7. New residents shall be provided information on household hazardous wastes, and programs available for their safe disposal. 8. Removal of hazardous materials from the project site shall be conducted by a registered waste hauler in accordance with all applicable rules and regulations. 9. All hazardous materials used in association with the resort hotel and spa shall be stored in a specific location and clearly marked as to contents. pppp. Electricity 1. Individual project applicants shall be responsible for paying all fees ' associated with project-related connections and any required relocation of existing facilities. Page 23 ' 2. The project shall comply with at least the minimum requirements of Title 24, and to the extent feasible, shall seek to exceed such requirements and use state-of-the-art energy-conscious design practices that achieve energy efficiency and use of on-site energy sources. 3. Individual project applicants shall submit an Energy Conservation Plan to the City, to include the following elements: a) Measures to meet Title 24 requirements; b) Additional measures, including but not limited to, building placement and orientation, architectural features, open spaces, landscaping, mechanical, and operation measures; and c) Estimates (percent) of energy reduction to be realized. 4. Ensure that buildings are well-sealed to prevent outside air from infiltrating and increasing interior space conditioning loads. Design building entrances with vestibules to restrict infiltration of unconditioned air and exfiltration of conditioned air. 5. Finish exterior walls with light-colored materials with high emissivity characteristics to reduce cooling loads. Finish interior walls with light-colored materials to reflect more light and thus increase lighting efficiency. 6. Design window systems or use other means to reduce thermal gain and loss and thus cooling loads during warm weather and heating loads during cool weather. 7. Use skylights where possible to provide light to interior spaces. 8. Install high-efficiency lamps for all street and parking lot lighting to reduce electricity consumption. 9. Install fluorescent and high-intensity-discharge(HID)lamps, which give the highest light output per watt of electricity consumed, wherever possible (non-residential areas only). 10. Control mechanical systems in the buildings with time clocks to prevent accidental or inappropriate conditioning or lighting of unoccupied space. Computer control the HVAC systems for maximum efficiency (non- residential areas only). 11. Recycle lighting system heatfor space during cool weather. Exhaust lighting system heat from the buildings via ceiling plenums to reduce cooling loads in warm weather(non-residential areas only). 12. Install low- and medium-static pressure terminal units and ductwork to reduce energy consumption by air distribution systems (non-residential areas only). 13. Cascade ventilation air from high-priority areas to low-priority areas before being exhausted,thereby decreasing the colume of ventilation air required. 14. Individual project proponents shall construct facilities which generate alternative energy at the discretion of the City. qqqq. Natural Gas 1. The proposed project shall comply with the energy conservation requirements as set forth in Title 24 of the California Administrative Code. In addition, Gas Company representatives should be contacted during the ' final design phase of any project to discuss the implementation of these programs. Page 24 rrrr. Police Protection ' 1. As part of the development review process for any project within the Specific Plan area, the Palm Springs Police Department shall participate and make recommendations to ensure that the design of the proposed development will mitigate any impacts on law enforcement arising from project design. ssss. Fire Protection Services 1. Project applicants shall continue to work with the City Manager's office, the Fire Department and the Agua Calieinte Band of Cahuilla Indians in evaluating the feasibility of a fire station or emergency medical dispatch facility in or near the Specific Plan area. The cost of such a facility shall be distributed evenly among all projects not currently within the 5 minute response time for Fire Station #4. 2. Automatic fire sprinkler systems shall be installed in all structures outside the 5 minute response time for Fire Station #4. 3. Implement a brush clearance program on the project site to lessen the fire hazard potential. 4. All development on the west side of South Palm Canyon Drive shall submit to the City Fire Department, for review and approval, a safety buffer zone plan between natural open space and planned development. The buffer zone shall be at least 100 feet in width, Except where topography does not allow a buffer this wide, in which case the fuel modification zone shall be ' between 50 and 100 feet in width prior to the issuance of occupancy permits for any building in that development. 5. All water mains, fire hydrants, and automatic fire sprinklers shall be designed and constructed in accordance with City Fire Department regulations. 6. All streets shall be designed and constructed in accordance with City Fire Department regulations. tttt. Education 1. All project developers shall pay school mitigation fees in place at the time of issuance of building permits. uuuu. Parks 1. Natural mountainous areas are designated as Conservation on the Specific Plan. No development is proposed. Public hiking and equestrian trails shall be dedicated for public access and active:recreational uses, in conformance with the City of Palm Springs General Plan and the Recovery Plan for Peninsular Bighorn Sheep. 2. Residential projects within the Specific Plan boundary shall participate in the City's park land dedication and in lieu fee program,when implemented.The contribution shall be equal to a minimum of 3 acres of park land per 1,000 ' residents,to a maximum of 5 acres per 1,000 residents.The actual fee shall be based on the estimated cost to acquire and develop park sites and shall be established by City Council Resolution or Ordinance. Page 25 ' 4a. The Agua Caliente Development Authority shall prepare a design for the widening of the western bank of the Palm Canyon Wash to a minimum width of 285 feet,in accordance with the ultimate width of clear channel required under the Stipulated Judgement, and submit same to the City Engineer for review and approval. The plans shall include the relocation of the currently occurring sanitary sewer line. 4b. The ACDA shall make the required improvements to the Palm Canyon Wash, in accordance with the approved plans, and complete said improvements prior to completion of the golf course remodel. The completion of the improvements shall not be tied to any improvements which may be required of the adjacent Monte Soreno property. 3. It is hereby found that the portion of the property described as the area westerly of South Palm Canyon Drive within the designated critical habitat area(herein the"StudyArea")shall remain undeveloped until additional environmental analysis can be performed, as to potential impacts to Peninsular Bighorn Sheep (PBS). Although extensive environmental review has been performed for the project, the Study Area is especially sensitive and additional review is warranted. This additional environmental review, which shall be performed before any development is approved within the Study Area, shall address, at minimum, the proposed development's potential impact on the PBS Recovery Plan and potential impacts on designated critical habitat for PBS. 4. In conjunction with any required planning application for the 80 acre property previously identified as the "Gans" parcel, documented compliance with the Tribal Habitat ' Conservation Plan shall be provided. 5. The project proponent for the Monte Soreno project shall secure 2.46 acres of comparable desert wash habitat off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily impacted shall be re-naturalized. 6. Should the City establish a funding mechanism for flood control improvements within the Specific Plan boundary, individual project developers will participate on a"fair-share"basis. 1 ar''1_ ���Tti' ` 1 im TIM �I � ��•.�r �. . —z :?1;!1`��',�' �• l -�'� � JMIN MIN All ��•y--'� try �-�Sff�' �'• • CITY . PALM SPRINGS CASE • I • w II 1 city of Paim Springs I r • :• I 11 1• • • I