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HomeMy WebLinkAbout21609 - RESOLUTIONS - 6/7/2006 RESOLUTION NO. 21609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR CASE 5.1050 PD- 312 IS ADEQUATE AND COMPLETE, CERTIFYING THAT REPORT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AMENDING THE GENERAL PLAN TEXT TO ALLOW A SPECIALTY MARKET WITHIN THE SMOKE TREE AREA PLAN; AMENDING THE GENERAL PLAN CIRCULATION MAP TO RECLASSIFY THE SECTION OF EAST PALM CANYON DRIVE ADJACENT TO THE PROJECT SITE AS A "MAJOR THOROUGHFARE" IN ORDER TO FACILITATE THE ELIMINATION OF THE FRONTAGE ROAD, AND ADOPTING PLANNED DEVELOPMENT DISTRICT 312, APPROVING THE SITE DEVELOPMENT PLAN, ON AN APPROXIMATELY 17.99-ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND FARRELL DRIVE, ZONE C-S-C, SECTION 36. ' WHEREAS, Donahue Schriber Realty Group (the "Applicant') has filed an application with the City for an amendment to the General Plan to allow more than one supermarket within the Smoke Tree Plan Area, and to reclassify East Palm Canyon Drive abutting the project site from Major Thoroughfare With Frontage Road to Major Thoroughfare on the Circulation Element Map; and WHEREAS, Donahue Schriber Realty Group (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Municipal Code, for Planned Development District 312 and Architectural Approval of an approximately 170,000-square foot multiple-tenant commercial center; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), a Notice of Preparation was prepared on June: 19, 2005 and was filed with the State Clearinghouse, which assigned State Clearinghouse Number 2005061115, and a Draft Environmental Impact Report has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, a 45-day public review period for the Draft Environmental Impact Report was established pursuant to State law, which commenced on December 31, 2005 and ended on February 14, 2006; and WHEREAS, a Final Environmental Impact Report has been prepared for this project that incorporates comments and responses, along with pertinent revisions, resulting from the public review of the Draft Environmental Impact Report; and Resolution No. 21609 Page 2 WHEREAS, notice of public hearing of the Planning Commission of the City of Palm ' Springs to consider the Final Environmental Impact Report, the said General Plan Amendments, Planned Development District 312, and proposed related development was given in accordance with applicable law; and WHEREAS, on April 12, 2006, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, on April 26, 2006, the Planning Commission adopted Resolution No. 5080 in which the Commission found that the planned development was neither in conformity nor in harmony with the elements or objectives of the General Plan, and was likely to be detrimental to existing and future uses, and denied approval of the project; and WHEREAS, on April 28, 2006, the Applicant duly filed an appeal of the Planning Commission action to the City Council pursuant to Sections 94.03.00(E)(3) and 94.02.00(B)(5)(c) of the Palm Springs Zoning Code and Chapter 2.05 of the Palm Springs Municipal Code; and WHEREAS, the requested amendment of the Smoke Tree Area Plan within the General Plan, the requested amendment to the General Plan Circulation Element Map, and Planned Development District 312 is subject to the approval of the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Planned Development District 312 and proposed related development was given in accordance with applicable law; and WHEREAS, on May 17, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, the City Council has considered the beneficial effect of the proposed amendments to the Smoke Tree Area Plan and the Circulation Element Map of the General Plan on the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A Final Environmental Impact Report (FEIR) has been completed in ' compliance with CEQA and the State CEQA Guidelines. The City Council finds that with the incorporation of mitigation measures contained within the Final Mitigation and 1 Resolution No. 21609 Page 3 Monitoring Reporting Program (Final MMRP), potentially significant environmental impacts resulting from this project will be either avoided or minimized, except for significant adverse impacts on air quality and biological and natural resources, and the FEIR concluded that these significant adverse impacts would remain even after implementation of all feasible mitigation measures identified in the FEIR and determined that these significant adverse impacts are unavoidable. The City Council has independently reviewed and considered the information contained in the FEIR prior to its review of this Project, along with the entirety of the administrative record related to this project, including hearings and meetings, public comments and responses, technical appendices to the FEIR, and project application information, and the FEIR reflects the City Councils independent judgment and analysis. The documents and other material that constitute the record of proceedings on which the City Council's findings and decision are based are maintained at the City of Palm Springs Department of Planning Services, 3200 East Tahquitz Canyon Way, Palm Springs, California. The custodian for these documents is the (Director of Planning Services. This information is provided in compliance with Public Resources Code section 21081.6(a)(2) and CEQA Guidelines section 15091(e). The following documents are also attached to this resolution for ease of reference, and by reference made part of this Resolution: Draft Environmental Impact Report and Technical Appendices; and FEIR, including Comments, Responses, and Final Mitigation and Monitoring Reporting Program. Section 2. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environment effects as identified in thie Final Environmental Impact Report (FEIR). The City Council finds that with the incorporation of mitigation measures contained within the Final Mitigation and Monitoring Reporting Program (Final MMRP), potentially significant environmental impacts resulting from this project will be either avoided or minimized, except for significant adverse impacts on air quality and biological and natural resources, and the FEIR concluded that these significant adverse impacts would remain even after implementation of all feasible mitigation measures identified in the FEIR and determined that these significant adverse impacts are unavoidable. The Final MMRP has been incorporated by reference into the Conditions of Approval included as Exhibit A, and is therefore enforceable. Section 3. Specific economic, legal, social, technological, or other considerations including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final Environmental Impact Report (FEIR). Four significant and unavoidable impacts have been identified in the FEIR, as follows: a. Air Quality, Short-term Impacts: Implementation of the project would contribute to air pollution emissions. Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, equipment hauling materials to and from the site, asphalt paving, and ' motor vehicles transporting the construction crew. Exhaust emissions from construction activities on site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions. During peak grading days, daily total construction emissions with or Resolution No. 21609 Page 4 without mitigation measures would exceed the SCAQMD threshold for NOx and PMto. The project is required to comply with regional rules that assist in reducing short- term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best-available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emissions source. In addition, SCAQMD Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques can reduce the fugitive dust generation (and thus the PMto component). Compliance with these rules would reduce impacts on nearby sensitive receptors. The following are the applicable Rule 403 Measures: Apply nontoxic chemical soil stabilizers according to manufactures' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more), water active sites at least twice daily. Locations where grading is to occur will be thoroughly watered prior to earthmoving, all trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard in accordance with the requirements of California Vehicle Code (CVC) section 23114 (freeboard means vertical space between the top of the load and top of the trailer), pave construction access roads at least 100 feet onto the site from main road, traffic speeds on all unpaved roads shall be reduced to 15 mph or less. In addition to SCAQMD Rule 403 requirements, the following additional dust ' suppression measures in the SCAQMD CEQA Air Quality Handbook are included as mitigation measures 4.7.2a and 4.7.2b respectfully. • Revegetate disturbed areas as quickly as possible. • All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. • All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. • All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized. • The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. • Select the construction equipment used on site based on low-emission factors and high-energy efficiency. The construction contractor shall ensure that all construction equipment will be tuned and maintained in accordance with the manufacturers' specifications. • Utilize electric- or diesel-power equipment in lieu of gasoline-powered engines where feasible. ' • Ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. Resolution No. 21609 Page 5 ' Support and encourage ridesharing and transit incentives for the construction crew. Implementation of the above measures would reduce construction-related air quality impacts. However, NO. and PM10 would still exceed SCAQMD thresholds. Therefore, construction related air quality impacts/violation of air quality standards would remain significant and unavoidable. b. Air Quality, Long-term Impacts: Implementation of the project would conflict with or obstruct implementation of the applicable air quality plan. The proposed project, as a commercial use, would result in both stationary and mobile source long-term emissions. The stationary source emissions from the commercial uses would come from the consumption of natural gas. Mobile sources would include automobile trips to and from the site as well as cars utilizing the proposed drive-through onsite. Emissions from project-related mobile sources would exceed SCAQMD's significance threshold and CO, ROG, and NOx thresholds based on emissions factors for 2006. The proposed project will be required to comply with Title 24 of the California Code of Regulations established by the Energy Commission regarding energy conservation standards. In addition, the project applicant shall incorporate the following in building plans: Plant trees to provide shade and shadow to buildings, Use energy efficient low-pressure sodium parking lot lights, Use solar or low-emission water heaters with combined space/water heater units, use double- pared glass or window treatment for energy conservation in all exterior windows. Adherence to Title 24 regulations would be helpful in reducing area source emissions. However, mobile source emissions, which comprise the largest portion of pollutants associated with operation of the project, would remain unchanged and there is no feasible mitigation to fully offset project emissions. C. Cumulative Impacts, Criteria Pollutants: Implementation of the project would cause a cumulatively considerable net increase of criteria pollutants (Ozone and PM10). Although the project has incorporated measures to help reduce project related emissions, some impacts from the project have been found to be significant and unavoidable. There would be long-term regional emissions associated with project- related vehicle trips. Long-term local CO emissions at intersections in the project vicinity would be affected by project-related traffic. Long-term stationary source emissions would occur due to energy consumption such as electricity usage by the proposed land uses. Implementation of the proposed project along with potential development in the region would contribute to ozone precursors including NOx and ROG. Long-term air emission impacts are those associated with stationary and mobile sources related to any change to the proposed project. The proposed commercial ' use would result in both stationary and mobile sources. The stationary source emissions from the commercial uses would come from the consumption of natural gas. Based on the Traffic Impact Analysis prepared for this project (LSA, 2005), implementation of the proposed project would generate 8,950 daily trips. Emissions Resolution No. 21609 Page 6 from the project-related mobile sources would exceed CO, ROC, and NOx thresholds based on emissions factors for 2006 and there is no feasible mitigation ' to offset these project emissions. S02 and PM10 emissions would not exceed thresholds. Therefore, the project's cumulative contribution to air quality is considered a significant and unavoidable impact. d. Cumulative Impacts, Biological Resources: Implementation of the project would result in cumulative impacts to Casey June Beetle (CJB) habitat. Smoke Tree Ranch supports one of two known populations of CJB. The proposed project would result in the removal of 17.8 acres of potential CJB habitat through development of new facilities. The current City of Palm Springs General Plan has identified the majority of the remaining Smoke Tree Ranch Plan Area as L-2 (2 residential units per acres). Implementation of the proposed project, together with past, present, and probable future projects would result in a cumulatively significant impact on CJB. The project's incremental contribution to this significant cumulative impact would be cumulatively considerable. The implementation of project-specific biological resources mitigation measures MM 4.10.1a and MM 4.10.1b would ensure long-term preservation of up to 53.4 acres habitat for the species on the Smoke Tree Ranch. However, the future loss of the contiguous CJB habitat on the Smoke Tree Ranch associated with its current Land Use Designation could lead to a substantial population size reduction for the species and a reduction in the known and extremely limited range of the species. A ' minimal viable population size is for this species is unknown at this time, though reduced population sizes for many species ore known to lead to extinction for many reasons including reduction of genetic variability and the inability for the species to respond to natural population fluctuations. Implementation of mitigation measures MM 4.10.1a and MM 4.10.1b would reduce project specific impacts to CJB to less than significant by ensuring long tem preservation of CJB habitat. However, when considered with similar impacts associated with implementation of projects identified in the Smoke Tree Area Plan, and given the relatively small area of CJB habitat area known to exist (approximately 600 acres, all located within the City of Palm Springs), cumulative impacts to CJB habitat would be cumulatively considerable and thus significant and unavoidable. Section 4. The City Council has carefully balanced the benefits (economic, legal, social, and technological) of the project against adverse impacts identified in the FEIR that could not be feasibly mitigated to a level of insignificance. In approving the Smoketree Commons project, which is evaluated in the Final Environmental Impact Report (FEIR), the City makes the following Statement of Overriding Considerations in support of its findings on the FEIR. The City has considered the information contained in the FEIR (Draft EIR, Response to Comments on the Draft EIR, and Errata) and has fully reviewed and considered the public testimony and record in this proceeding. Notwithstanding the identification and analysis of the impacts that are identified in the FOR ' as being significant which have not been eliminated, lessened or mitigated to a level of insignificance, the City, acting pursuant to Section 15093 of the CEQA Guidelines, hereby Resolution No. 21609 Page: 7 ' determines that the benefits of the project outweigh the unmitigated adverse impacts and the project should be approved. The FEIR describes certain environmental impacts that cannot be avoided if the project is implemented. This Statement of Overriding Considerations applies specifically to those impacts found to be significant and unavoidable as set forth in the 17EIR and the public hearing records. Project Benefits Outweigh Unavoidable Impacts: The City hereby finds that the remaining significant and unavoidable impacts of the project are acceptable in light of the long-term social, environmental, land-use and other considerations set forth herein. Specifically, these detrimental changes are outweighed by the following project benefits: 1. The project would resolve the financial difficulties associated with previous development proposals for the site and would establish viable development potential. The proposed project meets Objective 3.25 of the General Plan to accommodate a general variety of community- to regional-level commercial services in a planned shopping complex for the permanent resident by providing a series of retail buildings ranging in size from 2,760 square feet to 28,000 square feet. Moreover, the allowance of a second grocery store in the Plan Area provides a greater level of services to residents, and provides a beneficial array of services for surrounding residents within close proximity to their homes. 2. The project will provide a circulation system designed to promote traffic safety and pedestrian activity. The project is designed to contain most internal traffic within the central part of the project site and allow potential cross access with the existing, adjacent shopping center. Access to public streets is available, and additional access and traffic improvements are included as conditions of approval. The Traffic Study for the proposed project found that the project would maintain adequate levels of service for current and future conditions with the provision of traffic signal improvements included as Engineering Traffic Conditions in the proposed Conditions of Approval. 3. The project would increase City revenues through sales taxes. The revenues collected through taxes will fund a variety of City services. Balance of Competing Goals: The City hereby finds it is imperative to balance competing goals in approving the project and the environmental documentation of the project. Not every environmental concern has been fully satisfied because of the need to satisfy competing concerns to a certain extent. The City has chosen to accept certain environmental impacts because complete eradication of impacts would unduly compromise some other important community goals. The City hereby finds and determines that the project proposal and the supporting environmental documentation provide for a positive balance of the competing goals and ' that the social, environmental, land-use and other benefits to be obtained by the project outweigh any remaining environmental and related potential detriment of the project. Resolution No. 21609 Page 8 Overriding Considerations: Based upon the objectives identified for the project and through the extensive public participation, the City has determined that the project should , be approved and that any remaining unmitigated environmental impacts attributable i the project are outweighed by the specific social, environmental, land-use and other overriding considerations. The City has determined that any environmental detriment caused by the project has been minimized to the extent feasible through mitigation measures identified herein, and, where not feasible, has been outweighed and counterbalanced by the significant social, educational, environmental, and land-use benefits to be generated to the City. Section 5. Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the CSC Community Shopping Center General Plan designation which governs the subject property as well as the properties adjacent to the west side of the subject site. As seen on pages 1-66 and 1-45, the General Plan states that community and neighborhood shopping centers offer convenience goods and services primarily to residents, and that the location of these centers in residential areas will relieve downtown congestion while not conflicting with the special retail functioning and pedestrian orientation of the downtown area. The General Plan also proposes that shopping centers in the CSC areas be developed as a unit, with an organized arrangement of stores, parking, and service instead of sited along strips of highways. As a large single entity shopping center with numerous buildings, sizes of buildings, and functional building layouts, the proposed project meets that proposition. Objective 3.25 of the General Plan is to accommodate a general variety of community- to regional-level commercial services in a planned shopping complex for the permanent resident. The proposed project meets that objective by providing a series of retail buildings ranging in size from 2,760 square feet to 28,000 square feet. Moreover, the allowance of a second grocery store in the Plan Area provides a greater level of services to residents, and provides a beneficial array of services for surrounding residents within close proximity to their homes. This is consistent with the Smoke Tree Area Plan because the Area Plan encompassed only the existing, adjacent shopping center and vacant land. Because the existing, adjacent shopping center is limited in size, additional traffic ' impacts could be anticipated if a second grocery store were permitted. However, the current project would greatly expand the shopping center development area, and would provide traffic improvements that would facilitate the evolution of the Plan Resdution No. 21609 Page 9 ' Area shopping center development to include a broader and deeper array of retail services, including a second grocery store. The Traffic Study for the proposed project found that the project would maintain adequate levels of service for current and future conditions with the provision of traffic signal improvements included as Engineering Traffic Conditions in the proposed Conditions of Approval. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is relatively flat, bounded on by public streets on the north and east sides of the site, and can accommodate the commercial uses envisioned by the General Plan and Smoke Tree Area Plan, and the proposed development. Access is available, and additional access and traffic improvements are included as conditions of approval. The Traffic Study prepared for the proposed project found that future levels of service on adjacent streets will be acceptable with improvements conditioned for the project. The site is large enough that the proposed building area will cover 22 percent of the site, allowing parking that exceeds minimum requirements. Nearby residential uses are separated from the project site by parking areas and streets, and the project is designed to contain most internal traffic within the central part of the project site and allow potential cross access with the existing, adjacent shopping center. ' C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. A requirement of the Smoke Tree Area Plan is that a planned development district is required prior to approval of development applications. The development is not likely to be detrimental to adjacent property or residents because the proposed commercial uses are consistent with those already envisioned by the General Plan, the Smoke Tree Area Plan, and the Zoning Ordinance. Residential areas to the north, across East Palm Canyon Drive, and to the east, across Barona Road are planned developments that have been developed to accommodate street and commercial uses within the Smoke Tree Area Plan, including the project site. Section 6. The City Council certifies the Final Environmental Impact Report for Case Number 5,1050, making associated findings and a statement of overriding considerations, and directs staff to file the associated Notice of Determination. Section 7. The City Council approves amending the General Plan to allow more than one supermarket within the Smoke Tree Plan Area, and to reclassify East Palm Canyon Drive abutting the project site from Major Thoroughfare With Frontage Road to Major Thoroughfare on the Circulation Element Map. Resolution No. 21609 Page 10 Section 8. The City Council approves Case Number 5.1050 PD-312 subject to the ' attached Conditions of Approval included as Exhibit A, per the development plans included as Exhibit B, and subject to the Final Mitigation and Monitoring Program included as Exhibit C. ADOPTED this 71h day of June, 2006. Cam,,._-, �✓...' r David H. Ready, City _ ,g.r ATTEST: G/� /,hames Thompson, City Clerk 4" CERTIFICATION STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21609 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 7, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None mes Thompson, City Clerk City of Palm Springs, California Resolution No. 21609 PagE; 11 ' EXHIBIT A Case No. 5.1050 - PD-312 Smoketree Commons Shopping Center Southwest Corner of East Palm Canyon Drive and Farrell Drive/ Barona Road CITY COUNCIL CONDITIONS OF APPROVAL June 7, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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. PROJECT SPECIFIC CONDITIONS Administrative 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. 2. The owner shall 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 5.1050 PD-312. 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain ' and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas Resolution No. 21609 Page 12 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. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code and an Environmental Impact Report has been prepared on the project; therefore a fee of $914.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Prior to issuance of the first certificate of occupancy, the applicant shall install and operate an electronic shopping cart theft system to prevent shopping carts from being removed from the property to the satisfaction of the Director of Planning Services. The ongoing maintenance and operation of the electronic shopping cart theft system shall be provided for in the CC&Rs for the site. Environmental Assessment 7. The Final Mitigation Monitoring and Reporting Program (Final MMRP) in the certified Final Environmental Impact Report (FEIR) shall apply. This will be the April 2006 FEIR unless a revision is duly approved. 8. No approval listed in the Final MMRP Timing Component shall be valid unless and until the project proponent demonstrates reasonable efforts to notify the party with Monitoring Responsibility of the nature of their responsibility. Reasonable efforts will consist of providing a copy of the Final MMRP with the pertinent section ' highlighted, to the responsible party at a time consistent with the Timing Component. Resolution No. 21609 Page 13 ' 9. The applicant shall submit a signed agreement that actions outlined in the Final MMRP will be included in all plans. '10. The Final MMRP shall be posted in a prominent location in all on-site construction offices. 11. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. Final landscaping, irrigation, exterior lighting, and fencing plans shall include curvilinear sections of wall, at least four feet in height, constructed of one or more materials contained by the adjacent buildings, substantially as shown on the approved site plan, to provide additional screening of the parking lot from the streets, to the satisfaction of the Director of Planning Services. 14. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If ' lights are proposed to be mounted on buildings, down-lights shall be utilized. Resolution No. 21609 Page 14 General Conditions/Code Requirements 16. The project is subject to the City of Palm Springs Water Efficient Landscape ' Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 17. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 21 . All awnings shall be maintained and periodically cleaned. ' 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 23. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 25. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Submit plans meeting City standards for approval on the proposed trash and ' recyclable materials enclosure prior to issuance of a building permit. Resolution No. 21609 Page 15 ' 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 31. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. ' 33. The applicant shall provide all tenants with Conditions of Approval of this project. 34. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 38. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall Resolution No. 21609 Page 16 have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. ' 39. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 40. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 41. Shading requirements for parking lot areas shall be as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details shall be provided with final landscape plan. 42. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 43. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 44. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. ' Engineering Division Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 3. Vacation of right-of-way is required to facilitate the proposed development application. An application for the right-of-way vacation of the southerly 51 feet of East Palm Canyon Drive along the project frontage shall be submitted to the Engineering Division for separate processing and approval. The applicant shall coordinate final relocation, adjustment or abandonment of all utilities with the respective utility companies, and demolition of all existing improvements, ' reconstruction of affected intersecting streets, and coordination of improvements with adjacent property owners, as appropriate, with the Engineering Division. All agreements and improvement plans relative to the above mentioned items shall be Resolution No. 21609 Page: 17 approved by the City Engineer prior to the submittal of the street improvement plans. The right-of-way vacation application shall be submitted and approved by the City Council prior to approval of a Grading Plan. 4. The applicant shall be required to establish a Parkway Maintenance District in accordance with the Landscaping and Lighting Act of 1972 (Section 22500 et. seq. of the California Streets and Highways Code), for landscape maintenance of the median island within East Palm Canyon Drive by the City. The applicant shall coordinate with the City Engineer on the formation of a Parkway Maintenance District, and shall deposit costs as required to obtain Assessment Engineering and other professional services necessary to establish the Parkway Maintenance District. The Parkway Maintenance District shall be established prior to acceptance of the median island landscaping by the City Engineer. EAST PALM CANYON DRIVE 5. Remove the existing 8 inch curb and gutter located 32 feet south of centerline, and construct an 8 inch curb and gutter, 38 feet south of centerline with a 35 feet radius curb return and spandrel at the southwest corner of the intersection of East Palm Canyon Drive and Barona Road, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. An appropriate transition shall be made to match existing curb and gutter located immediately east of Smoke Tree Lane, as required by the City Engineer. 6. Remove and replace the existing cross gutter on the south side of East Palm Canyon Drive at Barona Road, as necessary to facilitate the intersection widening, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Remove and replace existing nuisance drain inlets and lines at the intersection, as necessary to facilitate the intersection widening. 7. Construct a new, 54 feet wide street intersection for the Main Entry (identified as "Driveway 1"), aligned with the southerly extension of La Reina Way. The street intersection shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with applicable City standards. The Main Entry shall be constructed with two, 12 feet wide ingress, and two 12 feet wide egress lanes separated by a 6 feet wide median. The median shall not be constructed in the public right-of-way. Full access from the Main Entry shall be permitted. 8. Construct a 35 feet wide driveway approach for the Secondary Entry (identified as "Driveway 2") in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 280 feet from the centerline of Barona Road, as shown on the approved site plan. Access ' shall be restricted to right-turn in and right-turn out only. 9. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the Main Entry (Driveway 1) and Secondary Entry Resolution No. 21609 Page 18 (Driveway 2), in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 10. Construct a meandering 12 feet wide combination sidewalk and bicycle path along the entire frontage. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Easements for pedestrian and bike path purposes shall be dedicated for those portions of the meandering sidewalk and bicycle path that extend onto private property. 11, Construct an 8 feet wide sidewalk, extending from the existing sidewalk along the south side of the East Palm Canyon Drive frontage road (adjacent to the Coco's restaurant and parking lot), to the proposed 12 feet wide sidewalk and bicycle path, as required by the City Engineer. Easements for the sidewalk shall be dedicated as necessary for the extension of the sidewalk across private property. 12. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of East Palm Canyon Drive and Barona Road in accordance with City of Palm Springs Standard Drawing No. 212. 13. Construct a 14-feet wide landscaped median island from Smoke Tree Lane/Cerritos Road to Barona Road/Farrell Drive. Provide a 150 feet long westbound left turn pocket at Smoke Tree Lane/Cerritos Road with a 90 feet long bay taper; a 125 feet long westbound left turn pocket at the Main Entry (Driveway 1) with a 90 feet long bay taper; and a 100 feet long eastbound left turn pocket at Barona Road/Farrell Drive with a 90 feet long bay taper. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 14. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 15. All median landscaping shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance period shall be replaced with similar plant material to the Resolution No. 21609 Page 19 satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. 16. Construct a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter and median curbs to clean sawcut edges of pavement along the entire East Palm Canyon Drive frontage, in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 17. Construct a minimum 1" asphalt concrete overlay between the proposed southerly curb and gutter and the southerly median curb along the East Palm Canyon Drive frontage, or as required by the City Engineer to provide cross-fall over the southerly street section. Final overlay requirements, if any, shall be determined upon review of street improvement plans and proposed cross-sections by the City Engineer. EAST PALM CANYON DRIVE FRONTAGE ROAD 18. Subject to adoption of a Resolution of Vacation for the southerly 51 feet of East Palm Canyon Drive, the applicant shall be responsible for the removal of all vacated street improvements, relocation of underlying utilities, and other improvements in accordance with requirements of the affected utility companies and the City Engineer. Prior to recordation of the Resolution of Vacation, and as a condition of the Resolution, all removals shall occur to the satisfaction of the City Engineer and affected utility companies, prior to issuance of a building permit. 19. The easterly end of the East Palm Canyon Drive frontage road, adjacent to the Coco's restaurant parking lot, shall be designed and constructed to terminate at the easterly driveway into the Coco's restaurant parking lot, as required by the City Engineer. BARONA ROAD 20. Construct a 6 inch curb and gutter, 32 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Remove and replace existing curb and gutter where surface runoff was previously conveyed to Barona Road from the East Palm Canyon Drive frontage road. 21. Construct three, 35 feet wide driveway approaches for site access identified as "Driveway 3" and "Driveway 4", and for the service/delivery access at the rear of the development, in accordance with City of Palm Springs Standard Drawing No. 205. The centerlines of the driveway approaches shall be located approximately 335 feet, 540 feet, and 810 feet from the centerline of East Palm Canyon Drive, as shown on the approved site plan. Resolution No. 21609 Page 20 22. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the three driveway approaches on Barona Road in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. The driveway approach at the southeast corner of the site shall be relocated to the north or a Type C curb ramp shall be constructed on the south side of the driveway as necessary to accommodate the construction of the south curb ramp on-site. 23. Construct a meandering 12 feet wide combination sidewalk and bicycle path along the entire frontage. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Easements for pedestrian and bike path purposes shall be dedicated for those portions of the meandering sidewalk and bicycle path that extend onto private property. 24. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Barona Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 25. Construct an appropriate pavement transition from the southerly property line, including traffic striping, signage and markings, as required by the City Engineer. ON-SITE 26. The on-site layout of travelways and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed travelway alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of travelways and parking spaces as proposed. 27. Sufficient stacking area shall be provided on-site to accommodate a minimum of seven vehicle spaces, inclusive of the vehicle being served at each drive-through vehicle line, per Municipal Code Section 93.06.00, and the queue of vehicles shall not extend into or interfere with any internal circulation patterns. 28. The Walgreen's drive-through entry shall be left-turn in only (being accessed by cars driving westbound in front of the Walgreen s building and turning left into the Resolution No. 21609 Page;21 drive-through aisles. The right-turn entry shall be prohibited by the configuration of the drive-through aisle and median. Directional signage shall be posted on-site to direct traffic around the building (counter-clockwise) so that traffic does not attempt to access the drive-through from the Secondary Entry (Driveway 2). No opening shall be allowed on the west side of the median so that there is a physical separation of the drive-through traffic from the egress traffic at the Secondary Entry (Driveway 2). 29. The proposed parking lot shall be connected to the existing Smoke Tree Shopping Center parking lot by extending the proposed 30 feet wide drive aisle. Removal of existing parking spaces and reconfiguration of the existing parking lot shall be made to the satisfaction of the City Engineer. 30. The minimum pavement section for all on-site pavement shall be 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 31. The applicant shall provide a copy of an executed and recorded reciprocal access agreement, or other acceptable evidence, for use of the Coco's restaurant parking ' lot located on the parcel identified by Assessor's Parcel Number 510-020-030, prior to approval of a Precise Grading and Paving Plan. SANITARY SEWER 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Subject to adoption of a Resolution of Vacation for the southerly 51 feet of East Palm Canyon Drive, the applicant shall be responsible for the removal of the existing sanitary sewer main located approximately 82 feet south of the centerline of East Palm Canyon Drive (within the existing frontage road), from Smoke Tree Lane/Cerritos Road to Barona Road/Farrell Drive, and relocation within East Palm Canyon Drive as required by the City Engineer. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 34. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall ' conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than Resolution No. 21609 Page 22 the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 35. The on-site private sewer system shall connect to the public sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 36. All on-site sewer systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 37. All sewer mains constructed by the applicant and to become part of the City sewer system shall be televised by the applicant prior to acceptance of said lines. GRADING 38. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. b. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. c. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the site plan; a copy of Resolution No. 21609 Page: 23 ' current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 40. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 41. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 42. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the Precise Grading and Paving Plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. ' 43. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 44. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site detention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property as described in the preliminary Drainage Report and Detention Basin Calculations for the Smoke Tree Commons Retail Center, Tentative Parcel Map 34289, prepared by Development Resource Consultants, Inc. (as revised August 18, 2005). Final detention basin sizing, underground detention pipe sizing, storm drain pipe sizing, and catch basin sizing and other stormwater ' runoff mitigation measures shall be determined, upon review and approval of the final hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. Resolution No. 21609 Page 24 No more than 40-50% of the street frontage parkway/setback areas should be ' designed as retention basins. 45. The applicant shall install a drywell, or series of drywells, within each surface detention basin as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2- year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Commercial Shopping Center, including the right of the City to inspect and require the Commercial Shopping Center to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the Commercial Shopping Center is non-responsive to the City's written notice, with costs to be recovered against the Commercial Shopping Center by the City in accordance with state and local laws and regulations. 46. The proposed underground detention systems shall be installed on-site and not within the public right-of-way. The underground stormwater detention systems shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required detention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater detention systems shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Commercial Shopping Center, including reference to the fact that maintenance and/or replacement of the system may require removal of existing improvements within the landscaped parkway and parking lot at the sole expense of the Commercial Shopping Center. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the Commercial Shopping Center and require its repair or replacement to the satisfaction of the City Engineer. 47. The applicant is advised that the proposal for underground detention systems within landscaped parkways may preclude the ability to install appropriate landscaping as may be required by the Planning Department. The underground detention systems shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 48. All on-site storm drain and underground detention systems shall be privately maintained by the Commercial Shopping Center. Provisions for maintenance of the Resolution No. 21609 Page 25 on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 49. Submit storm drain improvement plans for all on-site storm drainage and underground detention system facilities for review and approval by the City Engineer. 50. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of the on-site area into the surface detention basins and the on-site underground detention systems, as described in the preliminary Drainage Report and Detention Basin Calculations for the Smoke Tree Commons Retail Center, Tentative Parcel Map 34289, prepared by Development Resource Consultants, Inc., revised August 18, 2005. The preliminary Drainage Report and Detention Basin Calculations for Tentative Parcel Map 34289 shall be amended to include final surface detention basin sizing, underground detention pipe sizing, storm drain pipe sizing, catch basin sizing and other specifications for construction of required on-site storm drainage improvements and other specifications for construction of required on-site storm drainage improvements. 51. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 52. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 53. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Resolution No. 21609 Page 26 GENERAL 54. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 55. All proposed utility lines shall be installed underground. 56. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 57. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 58. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 59. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 60. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. Resolution No. 21609 Page 27 MAP 61. In accordance with Government Code 66426 (c), an application for a Tentative Parcel Map shall be submitted to the Planning Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of commercial parcels within the proposed development. 62. In the absence of an approved and recorded Parcel Map, an application for a Lot Line Adjustment and/or Parcel Merger shall be submitted to the Engineering Division for review and approval to adjust the existing property lines of the subject property to avoid intersecting any proposed buildings. A copy of a current title report and copies of record documents shall be submitted with the application for the Lot Line Adjustment and/or Parcel Merger. The application shall be reviewed and approved by the Engineering Division, and the Lot Line Adjustment and/or Parcel Merger shall be recorded, prior to issuance of any building permit for buildings intersected by existing property lines. 63. Relocation or abandonment of record easements across the property shall be performed prior to issuance of a building permit for buildings proposed within the record easement. An easement, identified as an easement for ingress, egress, and incidental purposes, recorded in Book 695, Page 415, as Instrument No. 1905 on September 12, 1945, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed buildings encumbered by existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected building(s). TRAFFIC 64. Relocate the existing traffic signal at the intersection of East Palm Canyon Drive and Barona Road/Farrell Drive, in conjunction with the associated widening of the intersection. The applicant shall submit traffic signal modification plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. 65. Install a traffic signal at the intersection of East Palm Canyon Drive and the Main Entry (Driveway 1). The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational ' prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. Resolution No. 21609 Page 28 66. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of the eastern driveway and E. Palm Canyon Drive ' and at the intersection of each of the three Barona Road driveways with Barona Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 67. A minimum of 48 inches of clearance shall be provided on all public sidewalks for disabled access. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the East Palm Canyon Drive and Barona Road frontages of the subject property. 68. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 69. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 70. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on-site, all appropriate permits must be secured. Fire 1 . Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: a. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Access for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the Resolution No. 21609 Page:29 minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. b. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. C. Roads must be 40 feet wide when parking is not restricted. 2. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 4. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 5, Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) ' 6. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be in accordance with NFPA 72, 760, NEC. 7. System Acceptance Test: Upon completion of the installation of the Fire Alarm System, a satisfactory test of the entire system shall be made. The test shall be witnessed by the fire inspector. 8. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 902.2.1 9. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 10, Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside ' radius of 45 feet. 11. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or Resolution No. 21609 Page 30 combinations thereof located as directed by the Fire Department) not later than the , time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 12. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 13. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 14. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 15. Construction site Security and Protection: a. Fencing Required: Construction site fencing with 20 foot wide access gates ' is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) b. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 16. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 17. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 18. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, Knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more , than one page. END OF CONDITIONS p. ) w m. J.r li wpl{f «"•• ygpf. Eruou r ou 1 C I i 7 r' omnacw.4 E L f r IS M1 fi 4 I f E —Y^ 7 MIIIN MLL]Fµfy dal1 B�Hdi.g Code Dal.L.,.nd � — w *r]. warn •r.mna.. uID '�.�J]]]�� Y1'��'-- O 4 LII ]40D �4W1 ¢ bW+MrMrm lAwrinJ•3loJJ l A ^ m.] rx4�Jrr -urn: -'� m 1no4 w I O roof arnoc f.0 uP Lail e,,,LLJon.J-xsvv.r O IM 4PA p9 n 1M VM ].tA .µp ne.pv n•Lm Lvmnn-x4uvn OVM if'P 4M rwo.laJ-x4omn P 60 N m+ �m Source:Nadel Architects,2006. ro FIGURE 3.0-3 SITE PLAN PMC 6M FINAL MITIGATION MONITOR'ING AND REPORTING_ PROGRAM 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM I � 6.1 INTRODUCTION ' This document is the Final Mitigation Monitoring and Reporting Program (FMMRP) for Smoketree Commons. This FMMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to "adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to `J mitigate or avoid significant effects on the environment." A FMMRP is required for the proposed project because the EIR has identified significant adverse impacts, and measures have been identified to mitigate those impacts. The numbering of the individual mitigation measures follows the numbering sequence as found ` in the EIR. All revisions to mitigation measures that were necessary, as a result of responding to j public comments and incorporating staff-initiated revisions have been incorporated into this FMMRP. ` I 6.2 MITIGATION MONITORING AND REPORTING PROGRAM Li The FMMRP, as outlined in the following table, describes mitigation timing, monitoring responsibilities, and compliance verification responsibility for all mitigation measures identified in this Final EIR. ! The City of Palm Springs will be the primary agency, but not the only agency responsible for i implementing the mitigation measures. In some cases, other public agencies will implement measures. In other cases, the project applicant will be responsible for implementation of measures and the City's role is exclusively to monitor the implementation of the measures. In such cases, the project applicant may choose to require the construction contractor to implement specific mitigation measures prior to and/or during construction. The City will continue to monitor mitigation measures that are required to be implemented during the operation of the project. I The FMMRP is presented in tabular form on the following pages. The components of the FMMRP are described briefly below: Mitigation Measures: The mitigation measures are taken from the Draft EIR, in the same order that they appear in the Draft EIR. The Final MMRP contains revisions to mitigation measures, as well as new mitigation measures. Mitigation Timing: Identifies at which stage of the project mitigation must be completed. Monitoring Responsibility: Identifies the department within the City, project applicant, or consultant responsible for mitigation monitoring. Compliance Verification Responsibility: Identifies the department of the City or other State agency responsible for verifying compliance with the mitigation. In some cases, verification will include contact with responsible state and federal agencies. City of Palm Springs Smoketree Commons Apri/1006 Final Environmental impact R(I fl 6.0-1 _s 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM TABLE 6.0-1 MITIGATION MONITORING AND REPORTING PROGRAM -`,Proposed -.;' .` , _ ",,VertficaGon.'` - Mitigation Summary of Measure ��_- MondonngResppgsrbilrty - 7immg+ ;_(Datearid.:;rl _ Initials) - - MM 4.4.2a Pribe eampl ed and tested al for the Palm Caesence ofn Drive,soils � t ." disturbing g y I City of Palm Springs Prior to issuance of a Complete Department of Public gradingpermit remediation shall be carried out if warranted by the test results Works and Engineering. prior to issuance of a grading permit. Disposal of contaminated soils shall be undertaken in accordance with all applicable state and federal regulations. MM4.4.2b Areas bare of vegetation that have waste asphalt and/or slight City of Palm5prings Prior to issuance ofa petroleum odors between East Palm Canyon Drive and the Department of Public grading permit. frontage road shall be tested for petroleum products. Complete Works and Engineering. remediation shall be carried out if warranted by the test results prior to issuance of a grading permit. Disposal of contaminated soils shall be undertaken in accordance with all applicable state and federal regulations. Implementation of mitigation measures MM 4.4.2a and MM 4.4.2b would reduce impacts associated with potential release of hazardous materials to less than significant. MM 4.4.3a Prior to issuance of a grading permit, the project applicant shall City of Palm Springs Prior to issuance of contract with a geotechnical contractor to excavate the pipe to Departments of Building gradingpermid determine its past use. and 5afety,and Public As part of site Works and Engineering. preparation. MM 4.4.3b If the pipe is determined to be part of an UST, the tank shall be City of Palm Springs Prior to issuance of removed in accordance with local,state and federal regulations. Departments of Building gradingpermit/As Soil around and underneath the tank shall be sampled and and 5afety, and Public partofsite tested for potential petroleum constituents according to state Works and Engineering, preparation. and federal regulations and guidelines. Complete remediation California Department of shall be carried out if warranted by the test results prior to Toxic 5ubstances Control issuance of a grading permit. Disposal of contaminated soils (DT5C), and Regional shall be undertaken in accordance with all applicable state and Water Quality Control federal regulations. Board(RWQCB), if Implementation of the mitigation measures MM 4.4.3a, and appropriate. MM 4.4.3b would reduce impacts associated with reasonably foreseeable upset relative to USTs to less than significant. r� 5moketree Commons City of Palm Springs Final Environmental Impact Report Aprif 2006 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Pr000sed -,Verification Mitigation 5ummacy of Measure = Monttoririg Responsibility - Timings -(Date and,_'-; Imtials} , MM 4.5.2 The project applicant shall install a traffic signal, a landscaped City of Palm Springs Prior to issuance of median, and a left turn pocket that would lead to the main Department of Planning buildingpermits. accessway at the intersection of Drivewayl/East Palm Canyon Services, and Department Drive to restore a satisfactory LOS. These measures shall be of Public Works and implemented at the cost of the project applicant. Engineering. MM 4.6.1a The project contractors shall equip all construction equipment, City of Palm Springs Prior to and during fixed or mobile, with properly operating and maintained Department of Building all construction mufflers consistent with manufacturers' standards. and Safety. activities and/or any other activities requiring the use of construction equipment, including transport of construction equipment. MM4.6.1b The project contractor shall place all stationary construction City of Palm Springs Prior to and during equipment so that the emitted noise is directed away, and a Department of Building all construction minimum of 50 feet, from sensitive receptors to the west of the and Safety activities and/or any site. other acti vities requiring the use of construction equipment, including transport of construction equipment. MM4.6.1c The construction contractor shall locate equipment staging in City of Palm Springs Prior to and during, areas that will create the greatest distance between Department of Building and after all construction-related noise sources and noise-sensitive receptors and Safety. construction activities to the east of the site during all project construction. and/or any other activities requiring the use of - construction materials or F- equipment, including -;, during project set-up, overnight storage, and clean-up. City of Palm Springs Smoketree Commons Apri/2006 Final Environmental Impact Report 6.0-3 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed 1 - + 5 = Venficatwn Mitigation =� Summary ofMeasuce -= MonttonpgResponst5ihty Timing-,_ `..-jDateand•,-= - n - - Initials)-,-- MM 4.6.1 d During all project site construction, the c onstruction contractor City of Pa/m5prings Throughout all shall limit all construction-related activities that would result in Department of Building project construction- high noise levels to between the hours of 7:00 a.m. and 7:00 and Safety. related activities, p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. includingprojea'set- No construction shall be allowed on Sundays and federal up and clean-up holidays. phases. MM 4.7.2a In addition to SCAQMD Rule 403 requirements, the following City of Palm Springs Priarto and during additional dust suppression measures in the SCAQMD CEQA Departments of Building construction Air Quality Handbook are included as mitigation measures. and Safety, and Public activities. • Revegetate disturbed areas as quickly as possible. Works and Engineering. • All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. • All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized. • The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. The following measures would reduce NO.and PMio emissions associated with construction. Smoketree Commons City of Palm Springs Final Environmental Impact Report Apri12006 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM - Prnnncarl - - - T - - i o - - Uerificatio'n1- Mitigation <S SummaSyofMeasute _ MonitonngResponsi6ihty - Timing._ --'(Date,and--_., - - InItial4._ MM4.7.2b During construction, the project applicant and construction City of Palm Springs Prior to and during contractor shall implement the following mitigation measures to Departments of Building construction the extent feasible in order to control NO.and PM,o emissions. and Safety, and Public activities. • Select the construction equipment used on site based on Works and Engineering. low-emission factors and high energy efficiency. The construction contractor shall ensure that all construction equipment will be tuned and maintained in accordance with the manufacturers' specifications. • Utilize electric- or diesel-power equipment in lieu of gasoline-powered engines where feasible. • Ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. • Support and encourage ridesharing and transit incentives for the construction crew. MM 4.8.1 The project applicant is required to prepare a Storm Water Region 7 Regional Water Prior to approval of Pollution and Prevention Plan (SWPPP) to be administered Quality Control Board. improvement plans through all phases of grading and project construction. The for the project SWPPP must incorporate Best Management Practices (BMPs) to ensure that potential water quality impacts during construction phases are minimized. The SWPPP must address spill prevention and include a countermeasure plan describing measures to ensure proper collection and disposal of all pollutants handled or produced on the site during construction, including sanitary wastes, cement, and petroleum products. BMPs included in the SWPPP must be consistent with the California Stormwater Best Management Practices Handbook for Construction. The SWPPP must be submitted to the Region 7 Regional Water Quality Control Board and to the City for review prior to the issuance of grading permits. is City of Palm Springs Smoketree Commons Apri12006 Final Environmental Impact Report 6.0-5 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed - - - -` 'Venfication — Mitigation Summary of Measure Momtorl Cg Responsibility Timing '.(Date and Initials) is MM 4.8.2a The City or project applicant shall retain a qualified specialist to monitor the effectiveness of the BMPs selected. Monitoring activities, along with funding for monitoring, shall be established and shall include, but are not limited to, initial setup,annual maintenance, and annual monitoring. 1. During project operation, the project shall implement actions and procedures established to reduce the pollutant loadings in storm drain systems. The two main categories of these BMPs are "source control" and "treatment control." Source control BMPs are usually the most effective and economical in preventing pollutants from entering storm and non- storm runoff. a. Materials Use Controls, which include good housekeeping practices (storage, use and cleanup) when handling potentially harmful materials, such as cleaning materials, fertilizers, paint, and where possible using, safer alternative products; b. Material Exposure Controls,which prevent and reduce pollutant discharge to storm water by minimizing the storage of hazardous materials (such as pesticides) on site, storing materials in a designated area, installing secondary containment, conducting regular inspections, and training employees and subcontractors; and C. Material Disposal and Recycling, which includes storm drain system signs and stenciling with language to discourage illegal dumping of unwanted materials. 2. Spill Prevention and Cleanup activities which are directed toward reducing the risk of spills during the outdoor handling and transport of chemicals, and toward developing plans and programs to contain and rapidly clean up spills before they get into a storm drain system. ` SmoketreeCommons City of Palm Springs �� Final Environmental Impact Report Apri17006 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed _ - - - - -Verification Mitigation Summary of Measure - Monitoring Responsibility I iming - - (Date and_ 'i_ Initials) _ This BMP also deal the prevention and s with nd reduction of pollution from vehicle leaks and spills during transport, as well as aboveground storage tanks; 3. Stormwater pollution source controls shall be City of Palm Springs RMPs and conditioned to provide a permanent storm drain Departments of Planning implementation message "No Dumping - Flows to Creek' or other and Public Works;Region procedures shall be approved message at each storm drain inlet. This may 7Regional Water Quality submitted for review be accomplished with a stamped concrete impression Control Board. andapprovalpriorto (for curbs) or manufactured colored tiles, which are construction epoxied in place adjacent to the inlet (for parking lots activities,•BMPs shall and areas without curbs), be implemented and 4. Street and storm drain maintenance activities. These monitored activities control the movement of pollutants and throughout the life of remove them from pavements through catch basin the project. cleaning, storm drain flushing, street sweeping, and by regularly removing illegally dumped material from storm channels and creeks. (The City of Palm Springs would be responsible for regular storm drain maintenance within the public right-of-way; grease traps and other stormwater quality control devices on private property shall be maintained by the project.) MM 4.8.2b The project applicant shall submit for review and approval by City of Palm Springs Design shall be the City and the RWQCB a Drainage Plan demonstrating that Planning and Public Works submitted for review the runoff from the proposed condition shall be collected by Departments,,Region andapprovalpriorto onsite catch basins and an underground storm drain system. Regional Water Quality final map approval. The Drainage Plan shall indicate the location and type of BMPs Control Board; proposed for implementation in compliance with MM 4.8.2a. RCFC&WCD. The proposed storm drain system shall be connected to underground detention facilities and a surface detention basin. The underground detention facility shall be connected with two dry wells to increase filtration. Parkway culverts shall be implemented to release allowable discharge from the surface detention basins. In addition, any work that involves RCFC&WCD right-of-way, easements or facilities would require an encroachment permit, and any construction within the road right-of-way that may impact RCFC&WCD storm drains must be coordinated with the RCFC&WCD. City of Palm Springs Smoketree Commons Apri/2006 Final Environmental Impact Report 6.0-7 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed = Venficatwn-„ Mitigation Summary' of Measure - _ M" tori'ngResponsibihty Timing '-(Date and',`, -- - - - - . - - - - - Initials) ., - MM4.8.3 The proposed project shall implement *a surface basin, and City of Palm Springs Submitproposed underground detention basin, and other drainage improvements Department of Public drainage plans as part per the standards and recommendations contained in the Works and Engineering. of improvement Drainage Report and Detention Basin Calculations Report for pians//nstall the Smoketree Commons Retail Center, 2005, incorporated into improvements as part the DER as Appendix F. The drainage improvements and of,omlect detention basins shall be included in the Drainage Plan construction. required to be submitted for review and approval by the City of Palm Springs and the Region 7 RWQCB under MM 4.8.2b of this EIR, as discussed above. The drainage improvements shall restore the drainage flow rate to pre-project conditions or better. MM 4.9.5 The project contractor shall comply, to the satisfaction of the City of Palm Springs Prior to issuance of City, with all recommendations contained in the Geotechnical Department of Public building permits, Engineering Investigation prepared for the project by Krazan & Works and Engineering or during construction. Associates (2005) regarding: groundwater influence; weak and contracted5oil/Civil disturbed soils; collapsible soils; earthwork; engineered fill; Enginee, temporary excavation stability; utility trench location, construction and backfill; compacted material acceptance; surface drainage and landscaping; foundations; concrete floor slabs and exterior flatwork; retaining walls; pavement design; site coefficient; and soil corrosivity contained in the Geotechnical Engineering Investigation prepared for the project by Krazan & Associates (2005). Recommendations include, but are not limited to: • Removal/recompaction of potentially compressible soils from the areas of the proposed structures. • Backf6l of all excavations resulting from clearing operations with engineered fill. • Over-excavation and recompaction within the proposed building footprints to a minimum depth of 5 feet below existing grades or 4 feet below bottom of the proposed footings,whichever is deeper • Prior to placement of fill soils, the upper 8 inches of native soils shall be scarified and moisture-conditioned to near optimum moisture content and recompaction to a minimum of 92 percent of maximum dry density A based on ASTM DI 557-00 Text Method. 5moketree Commons City of Palm Springs Final Environmental Impact Report Apn/2006 A c 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed- _ .- - - J Verification Mitigation , �urnrnary of measure monitoring rcesponsibmty mnmg. (Date and -' Initials),=,_,, MM4.10.1a The applicant shall preserve three (3) acres of similar offsite City of Palm Springs Prior to approval of habitar for each acre of suitable CJB habitat lost. A conservation Planning Department improvementand easement shall be established on the conserved land that construction plans. prohibits all use except human and animal hiking and trail uses. A Habitat Management Plan shall be developed and implemented for the preserved site. The Management Plan shall address allowed activities, necessary management practices to address ongoing habitat concerns (i.e. invasive exotic plant control, incidental trash), and provide a monitoring plan to ensure the preservation of Casey's June beetle Populations within the preserved site in perpetuity. MM 4.10.1b The applicant shall prohibit the use of bug zappers, pesticides City of Palm Springs Prior to approval of and herbicides within 250 feet of the southern projects site Planning Department improvementand boundary. In addition, the project shall employ sodium lights construction plans. with ultraviolet filters within this area. Should the offsite area south of the project border be developed at a future date, this measure shall be waived. .:� City of Palm Springs Smoketree Commons April2006 Final Environmental Impact Report 6.0-9 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed _ �" - -Verifications''. Mitigation Summa y of Measure Monitoring Responsibility Timing- (Date and' Initials) -= MM 4.10.2a The applicant, or the City at the applicant's expense, shall hire a City ofPa/m Springs Prior to approva/of CDFG and USFWS qualified biologist(approved by the City) to Planning Department improvement and determine the likelihood of the proposed project impacting A construction plans, site visit and consultation with the USFWS and the CDFG shall be scheduled to determine the necessity of protocol-level surveys for the three special status species known to potentially occur in the habitat currently in existence on the project site. If the agencies biologist determines that none of the species occurs in the project study area, or that the project would not result in a significant impact to special status species or habitat, then no further mitigation would be necessary. Should the agencies biologist determine that the project area supports protected species, and that further protective actions are necessary, the applicant and City shall consult with the CDFG and USFWS regarding appropriate.preservation measures, and one or both of the following mitigation actions shall occur, to the satisfaction of the City, following consultation with CDFG and USFWS: 1. To determine the presence/absence of the three special-status species with potential to occur in the project study area, protocol-level surveys should be conducted during the appropriate blooming periods to determine 1) if any of the above-listed species occurs in the project study area and 2) the quality, location, and extent of any populations; and/or 2. A biological monitor shall be onsite during grading and excavation activities. The biological monitor shall be responsible for identifying, collecting, and relocating special status species from the project site, prior to their disturbance by grading or excavation activities. Plants shall be relocated to suitable habitat, as approved by the City, CDFG, and USFWS. A biological monitoring report shall be prepared documenting the protective efforts taken by the biological monitor, and actions taken to relocate special-status plant species. .T Smoketree Commons City of Palm Springs Final Fnvifonmental Impact Report Apri12006 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM p Verification- r _ Summary of Measure MonrtoringResponsibiltry Timing (Date and '-Mitigation - - _ _ Initials); , MM 4.10.2b If any of the special-status species are detected during protocol- City of Palm Springs Prior to approval of level surveys and/or biological monitoring, and avoidance of PlanningDepaltment. improvementand these individuals or populations is not feasible, a Species- construction plans. Specific Plant Transplantation and Management Plan (the Plan) will be developed by a qualified botanist, in consultation with the CDFG or USFWS. The Plan shall provide the measures necessary to ensure the project results in no net loss of species population area and number of individuals. The plan shall be submitted to the appropriate agencies for review and implemented upon approval. Transplantation recipient site shall be protected through a conservation easement. The area preserved under implementation of Mitigation Measure MM 4.10.1a may serve as the recipient site if it is determined that activities associated with transplantation and management of selected plant species will not result in effects to Casey's June beetle. The Plan shall address the following issues: • Time frame for implementation; • Success standards; • Monitoring of mitigation and compensation measures, and other conditions of approval, to assess effectiveness; • Remediation measures in the event of failure of mitigation or compensation, or other conditions of approval; • A description of site maintenance activities to follow restoration activities. These may include weed control, irrigation, and control of herbivory by livestock and wildlife. r City of Palm Springs Smoketree Commons April 2006 FinaI£n vironmentaI Impact Report 6.0-11 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Proposed ' _',Verification='- : SummaryofMeasure ' MontYortngResponsi6thty - Timing - (Dateand �: Mitigation t, _ _ - lmtials) -. MM4.11.1a Construction personnel shall be informed (e. "tailgate' City ofPalmSprings - As - p g�, g tya condition of meetings) that cultural resources may be discovered during Planning Department. project approval, and ground disturbing project related activity. If any prehistoric implemented during artifacts, historic artifacts, or other indications of archaeological construction resources are discovered once project construction is activities, underway, all work in the immediate vicinity of the find must stop and the City shall be immediately notified. An archaeologist meeting the Secretary of Interior's Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, shall be retained to evaluate the finds and recommend appropriate mitigation measures for the inadvertently discovered cultural resources. The City and the project applicant shall consider the mitigation recommendations of the qualified archaeologist. The City and the project applicant shall consult and agree upon implementation of a measure or measures that the City and the project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. MM 4.11.1 b If human remains are discovered, all work must stop in the City of Palm Springs As a condition of immediate vicinity of the find, and the County Coroner must be Planning Department. project approval, and notified, according to Section 7050.5 of California's Health and implemented during Safety Code. If the remains are determined to be Native construction American, the coroner will notify the Native American Heritage activities. Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed. MM 4.11.1 c The Tribal Historic Preservation Offices of the Morongo Band of City of Palm Springs As a condition of Mission Indians, Agua Caliente Band of Cahuilla Indians, the Planning Department. project approval, and Ramona Band of Cahuilla Indians, and the Augustine Band of implemented during Cahuilla Indians shall be notified upon discovery of construction paleontological, archeological, or cultural resources during activities. project activities. Copies of any cultural resource documentation that might be generated in connection with project construction activities and/or paleontological, archeological, or cultural resource monitoring and recordation shall also be provided to the above-listed tribes. Smoketree Commons . City of Palm Springs Final Environmental Impact Report Anrif 2006 6.0 FINAL MITIGATION MONITORING AND REPORTING PROGRAM Prnnncarl Verification -"-- SumtriaryofMeasUhe _ _ ModttoringResponsibilIty _ Timfhg (Date and, Mitigation _ - _ Inrt ials)r`_ MM4.11.2 Construction personnel shall be informed (e.g., "tailgate" City of Palm Springs As a condition of meetings) that paleontological resources may be discovered Planning Department. project approval, and during ground disturbing project related activity. If any implemented during paleontological resources (fossils) are found once project construction construction is underway, all work in the immediate vicinity activities. must stop and the County shall be immediately notified. A qualified paleontologist shall be retained to evaluate the finds and recommend appropriate mingation measures for the inadvertently discovered paleontological resources. The City and the project applicant shall consider the mitigation recommendations of the qualified paleontologist. The City and the project applicant shall consult and agree upon implementation of a measure or measures that the City and the project applicant deem feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, or other appropriate measures. MM 4.12.3.1 The project proponent must demonstrate that adequate water City of Palm Springs Paor to pro/ect supply to serve the proposed project is available, prior to Planning Department- approval by the City project approval by the City of Palm Springs. DWA provides Desert WaterAuthority of Palm Springs. developers of projects (larger the one single-family home) with a "Developer Requirements Letter." The Developer Requirements letter details all required steps necessary for the developer to qualify a specific project for Desert Water Agency service tDWA, 2005). City of Palm Springs Smoketree Commons April2006 FinaI EnvironmentalImpactReport 6.0-13