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HomeMy WebLinkAbout10/4/2006 - STAFF REPORTS - 1.E.7p�M Sp' 1 iy c v m a • O °•morm� P• LI FOIL CITY COUNCIL STAFF REPORT DATE: October 04, 2006 PUBLIC HEARING SUBJECT: AN APPLICATION BY MOUNTAIN TERRACE, 02, LLC, (MARSHALL ININNS DESIGN GROUP) FOR A TENTATIVE TRACT MAP, (TTM 32736) FOR A CONDOMINIUM MAP AND A MAJOR ARCHITECTURAL APPLICATION (5.1112), FOR THE CONSTRUCTION OF A 41-UNIT CONDOMINIUM COMPLEX, LOCATED ALONG THE NORTH SIDE OF 34T" AVENUE AT LAWRENCE STREET AND WEST OF THE DINAH SHORE DRIVE BRIDGE. FROM: David H. Ready, City Manager BY: Department of Planning Services I.YINTAILT MWA The City Council will consider a proposed residential development which will include a Tentative Tract Map (TTM 32736), for a condominium map and a Major Architectural application (5.1112), for the construction of a 41-unit condominium complex along with the environmental assessment and Mitigated Negative Declaration for the project. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32736, ARCHITECTURAL APPROVAL NO. 5.1112-MAJ, THEREBY APPROVING THE PROPOSED PROJECT FOR THE CONSTRUCTION OF A 41-UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 7.6-ACRE PARCEL, LOCATED ALONG THE NORTH SIDE OF 34T" AVENUE AT LAWRENCE AND WEST OF THE DINAH SHORE DRIVE, ZONE R-G-A(6), SECTION 20", I:1a[.uoff"IIs] 06>w On August 23, 2006, the project was reviewed by the Planning Commission which adopted a favorable recommendation to the City Council by a vote of 7-0. ITEM NO, g• City Council Staff Report 5 1112, TTM 32736 Page 2 of 3 October 04, 2006 • On May 22, 2006, the Architectural Advisory Committee (AAC) reviewed the site plans, architectural plans and preliminary landscape plans for the proposed project and voted 7-0 for a recommendation of approval to the Planning Commission. The AAC also recommended that the final landscape plans be brought back to the Committee for final review and approval. STAFF ANALYSIS: The proposed project consists of a Tentative Tract Map for the subdivision of a condominium map and an architectura9 approval for the development of a 41-unit condominium complex on approximately 7.6-acre property fronting 34th Avenue. The new residential development will be made up of two, three and four bedroom units and will range from 1,362 square feet to approximately 2,402 square feet in size. The proposed architectural style is Mid -Century with Modern elements and will consist of four different types of models, Types A, B, C, and D. The General Plan designation of the property is L-6, (Low Density Residential; allowing a maximum density of 6 dwelling units per net acre). The intent of the General Plan designation is to allow various types of low -density residential development including traditional single-family homes. Under the City of Palm Springs Zoning Map, the property is R-G-A (6), (Cluster Residential Zone). The applicant is proposing a density of approximately 5.4 units per net acre, which is below the maximum density allowed within the zoning designation. The site is also located within the 9 H Redevelopment Area. The subject property is presently vacant and mostly uneven graded pad covered by various types of low -growing vegetation. The general location of the site lies between golf -course communities north of East Palm Canyon Drive, and industrial -service uses along Dinah Shore Drive (Mesquite Avenue). The proposed structures are two -stories in height and are consistent with property development standards within the R-G-A (6) zoning designation. The proposal includes variable building pads placement designed to maximize view corridors within the complex and from adjacent properties. The size and density of the contemplated development are appropriate for the site and the surrounding land uses A more detailed analysis can be seen in the attached Planning Commission Staff Report dated August 23, 2006. Findings in support of approving the proposed project are included in the attached draft resolution of approval. Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Environmental Initial Study was prepared for the proposed project. The study concluded that the proposed project is highly unlikely to have any significant - environmental impacts to the surrounding therefore the adoption a Mitigated Negative Declaration can be adopted for the project. City Council Staff Report 5.1112, TTM 32736 Page 3 of 3 FISCAL IMPACT: No fiscal impact. Finance Director Review- g wing, AI Director of Pla l ng Services ������ David H. Ready, City Man- 6W� Attachments: October 04, 2006 C�� r)� '- rl I rrA ) Thomas Wil's , Assistant bty Manager Developmen Services 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Reduced Site Plans & Elevations 4. Planning Commission Staff report dated 08/23/06 5. Planning Commission Meeting Minutes dated 08/23/06 (Excerpts) 6- Copy of the Environmental Initial Study and Negative Declaration 0�_ Department of Planning Services `��a* Vicinity Flap n z Y Legend) M Site Nk"0 ' ' 1-11M.&I MI N w+E S Jn - �s _4n 7 L C - n S CASE NO: 5.1112 -MAJ / DESCRIPTION: Application to subdivide approximately TTM 32736 7.6 acres and to construct 41 condominium units along 34` Avenue near Mesquite Avenue, Zone RGA(6), Section 20. APPLICANT: Marshall Ininns APN: 680-180-002, 680-180-041, Design Group r1("`n RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32726, A PROPOSAL FOR THE SUBDIVISION OF APPROXIMATELY 7.6-ACRE PARCEL INTO A CONDOMINIUM MAP AND THE CONSTRUCTION OF 41 CONDOMINIUM UNITS TO BE LOCATED ALONG THE NORTH SIDE OF 34T" AVENUE AT LAWRENCE STREET AND WEST OF THE DINAH SHORE DRIVE BRIDGE, ZONE R-G-A(6), SECTION 20. WHEREAS, Mountain Terrace, 02, LLC, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map 32736 for the subdivision of a condominium map and to construct 41 condominium units to be located at the North side of 341h Avenue at Lawrence Street and west of the Dinah Shore Drive Bridge, Zone R-G-A(6), Section 20; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 32736 and related architectural approvals (Case 5.1112), was given in accordance with applicable law; and WHEREAS, on August 23, 2006, a public hearing on the application for Tentative Tract Map 32736 and related architectural approvals (Case 5.1112) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act (CEQA), and a Mitigated Negative Declaration has been prepared for this project in accordance with CEQA Guidelines and that the Planning Commission hereby recommends to the City Council adoption of said Mitigated Negative Declaration as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 32736, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the Planning Commission has 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, all environmental data including the environmental assessment previously prepared and all written and oral testimony presented. WHEREAS, the Planning Commission has previously approved the architectural design for the project and recommended approval of Tentative Tract Map 32736 along with the environmental assessment to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32736 was given in accordance with applicable law; and WHEREAS, on October 04, 2006, a public hearing on the application for the Tentative Tract Map was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, pursuant to Section 16074.1 of the California Environmental Quality Act Guidelines, the City Council has considered substitution of a mitigation measure in the Mitigated Negative Declaration; and WHEREAS, the City Council has 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The Planning Commission finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends that the City Council adopt a Mitigated Negative Declaration for the project. Furthermore, the Planning Commission has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the Planning Commission's independent judgment and analysis. Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of the conditions attached in Exhibit A. a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed residential development is consistent with the basic L6 General Plan designation as a residential use. The proposed density of approximately 5.8 dwelling units per acre, or 7,467 square feet per unit is within the threshold of four and maximum of six dwelling units per acre called out in General Plan Objective 3.5a, and the design of the project "accommodates various types of low -density residential development, including traditional single-family homes" discussed in that Objective. Finally, approximately 56 percent of the lot area is to be maintained as open space or private recreational yard area per Policy 3.5.3. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project design is generally consistent with the stated purpose of promoting and protecting public health, safety, and welfare, and providing for comprehensive and orderly use of land resources per Section 91.00.00 of the Zoning Code. Also, zoning consistency is achieved by providing protections for neighboring land uses, particularly single-family residential uses. The development standards within the proposed condominium complex are consistent with the practical development solutions for a project site of this kind. C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 7.6-acre project site can accommodate 41 residences without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The General Biological Assessment prepared for the project, and dated May 5, 2004, concluded that disturbed Sonoran creosote bush scrub was the only vegetation community occurring on -site, that vegetation is not considered sensitive, and that no sensitive species were observed on -site. Although the habitat is potentially appropriate for several species, it is not anticipated that the species would utilize the area due to the disturbed condition of the site and its close proximity to developed areas. Although not observed, the site is within the faunal range of the fringe -toed lizard, and established protocol allows developers to pay a mitigation fee and develop associated properties. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed residential condominium subdivision includes the provision of public water and sewer systems, and an internal, private street that provides an orderly system of ordinary and emergency access to the project. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. SECTION 3: The City Council hereby adopts the Mitigated Negative Declaration; Approves Tentative Tract Map 32736 for the subdivision of approximately 7.6-acre parcel into a condominium map and the development of the proposed 41-unit condominium project, and directs staff to file the associated Notice of Determination subject to the conditions of approval attached as Exhibit A. ADOPTED, this 41h day of October 2006. David H. Ready, City Manager r_111111r635 James Thompson, City Clerk Conditions of Approval Case No. 5.1112-MAJITTM 32736 Page 1 of 20 Exhibit A Case No. 5.1 112 - MAJ I TTM 32736 Mountain Terrace, 02, LLC North Side of 34th Avenue at Lawrence Street and W. of Dinah Shore Drive Bridge. CONDITIONS OF APPROVAL_ October 04, 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 No. 5.1112 / Tentative Tract Map 32736. 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 Conditions of Approval abandon a matter following an adverse Conditions of Approval Page 2 of 20 Case No. 5.1112-MAJFFTM 32736 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 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. Pursuant to Fish and Game Code Section 71 1.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 6. 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 112% for commercial or industrial projects, 114% for new residential subdivisions, or 114% 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. 7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and / or park improvement fees. The parkland mitigation amount shall be based Conditions of Approval Page 3 of 20 Case No 5.1112-MAJ/TTM 32730 upon the cost to inquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee_ The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows.- MM 111-1 Earth -moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PMlo State Implementation Plan and SCAQMD Rule 403.1. MM 111-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of construction -generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. MM 111-3 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. MM 111-4 All trucks shall maintain at least two feet of freeboard. MM 111-5 Trucks hauling dirt, sand, soil or other loose dirt material off -site, shall be covered and washed off before leaving the site. MM 111-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. MM 111-7 As part of the construction specifications, any vegetative ground cover to be utilized on -site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. url l -rl Conditions of Approval Page 4 of 20 [KvMil15-MMSf Y-016R1111wi11kyjIGMAIV, MM 111-8 Construction operations affecting off -site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the developer shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the qualified archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Aaua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. MM XI -I The project applicant shall demonstrate that all on -site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. Conditions of Approval Case No. 5.1112-MAJfTTM 32736 Page 5 of 20 MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on -site construction vehicles shall be located in the northern portion of the site. MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise -sensitive receptors. MM XI-8 Construction activities on -site shall take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. MM XI-9 Noise barriers shall be constructed on the west side of Dinah Shore Drive per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mestre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Director of Planning Services by a qualified noise consultant that the measures have been made unnecessary. MM XI-10 Adequate ventilation in the form of mechanical ventilation systems shall be provided for homes per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mestre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Building Official by a qualified noose consultant that the measures have been made unnecessary. MM XVI-1 Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The applicant of irrigation technology such as tensiometers, drip or micro spray system and quality time clocks is also highly recommended. The California Health and a Safety code requires the all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush. 9. 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. L,_ iDr L�71 Conditions of Approval Case No 5.1112-MAXTTM 32736 Page 6 of 20 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. CC&R's 10. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions (CC&R's) to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11- The applicant shall submit to the City of Palm Springs, a deposit in the amount of$3,500 for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. 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 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- No lighting of the hillside is permitted - Public Safety CFD 14. The Project will bring a significant number of additional residents to the Community- The City's existing public safety and recreation services, _ Cirw , Conditions of Approval Page 7 of 20 CaSe No 5.1112-MAJ/TTM 32736 including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $600 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General ConditionslCode Requirements 15. 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. 16. 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. 17. 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. 18. 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. 19. All materials on the flat portions of the roof shall be earth tone in color. 20. 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. Conditions of Approval Case No. 5.1112-MAJ(TTM 32736 Page 8 of 20 21. 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. 22 Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 23. The design, height, texture and color of building@), fences and walls shall be submitted for review and approval prior to issuance of building permits. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety 26. 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 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 California Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 34TH AVENUE 3. Construct a 6 inch curb and gutter located 20 feet north of centerline along the frontage with an appropriate transition to the existing 6 inch curb and gutter located 32 feet north of centerline at the southwest corner of the site in accordance with City of Palm Springs Standard Drawing No. 200. 4. Construct a 40 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry shall be aligned with the centerline of Lawrence Street. The gated entry design, including widths of ingress and egress lanes, shall . _ Or° �I S Conditions of Approval Page 9 of 20 Case No 5.1112-MAJ/TTM 32736 be subject to the review and approval by the Fire Marshall. Emergency access shall be provided to the Fire Department. 5. The second gated entry onto 34th Avenue is not approved; the access shall be limited to emergency access for the benefit of the City of Palm Springs. The gated entry, as proposed, does not provide sufficient stacking nor maneuvering area for vehicles unable to enter the development. 6. Construct a 35 feet wide emergency exit access driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the emergency access shall be aligned with the centerline of Marguerite Street. The entry shall be restricted to emergency access only, to the City of Palm Springs, in a manner acceptable to the Fire Marshall. 7. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 214. 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. B. Construct a 5 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The applicant may construct a 5 feet wide meandering sidewalk. Easements for sidewalk purposes shall be dedicated for those portions of the meandering sidewalk that extend onto private property. 9. Construct 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. 10. All broken or off grade street improvements shall be repaired or replaced. Conditions of Approval Page 10 of 20 Case No. 5.1112-MAJfrTM 32736 DINAH SHORE DRIVE EMBANKMENT SLOPE MAINTENANCE ROAD 11. Dedicate an easement for access purposes with the right of ingress and egress for service vehicles and personnel over the southeast corner of the site as necessary to provide a 15 feet wide access road along the Dinah Shore Drive embankment slope. 12. Dedicate an easement for access purposes with the right of ingress and egress for service vehicles and personnel over the northeast corner of the site as necessary to provide a turn -around maneuvering area for the north end of the 15 feet wide access road along the Dinah Shore Drive embankment slope. The layout of the turn -around maneuvering area shall be submitted to the City Engineer for review and approval. 13. Construct a retaining wall in accordance with a Geotechnical Report and designed by a California registered Engineer, along the easterly property line to support the proposed embankment for the access road to the Dinah Shore Drive Bridge embankment slope, as generally indicated in Typical Section "D" and Detail 1 on Tentative Tract Map 32736. The retaining wall shall be designed using appropriate loading caused by maintenance vehicles on the access road. The structural retaining wall design shall be submitted to and approved by the Building Department prior to approval of a grading plan. 14. Construct a 15 feet wide access road in accordance with a Geotechnical Report and designed by a California registered Engineer, on the easterly side of the proposed retaining wall along the easterly property line. The access road shall be designed for maintenance vehicles and shall be gated at the south end. The access road shall be surfaced with clean gravel. ON -SITE PRIVATE STREETS 15. It is recommended that the configuration of several Units and their associated driveways be revised to improve on -site circulation. Specifically, the driveway access to Units 1 to 6, Units 7 to 10, Units 12 to 14, Units 15 to 18, Units 21 to 24, and Units 37 to 39 are arranged in a manner that may not provide efficient on -site circulation. 16. The on -site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street 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 streets and parking spaces as proposed. Conditions of Approval Page 11 of 20 Case No. 5.1112-MAJITTM 32736 17. The traffic circle shall be subject to further review and approval by the City Engineer and Fire Marshall. The proposed traffic circle shall not exceed 20 feet in diameter. Construct all traffic circles with a minimum outside curb radius of 43 feet throughout the traffic circle. 18. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 19. Dedicate an easement for public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 20. All on -site private streets shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system. On -site streets may also be constructed with inverted crowns as necessary to convey street surface drainage to the on -site drainage system. 21. Construct a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between the edges of the proposed gutters. 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- 22. Parking shall be restricted along the on -site private streets as necessary to maintain a 24 feet wide clear two-way travel way, except for designated parking spaces and parking bays. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisles as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. SANITARY SEWER 23. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. y�� Conditions of Approval Page 12 of 20 Case No. 5.1112-MAJITTM 32736 24. The on -site private sewer system shall connect to the existing public sewer system in 34th Avenue. Connection shall be made to the gravity sewer main and not into the existing sewer force main. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on -site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. All on -site private sewer systems shall install sewer manhole covers with the words "Private Sewer". A profile view of the on -site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than 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. 25. The on -site private sewer system shall not connect to the existing sewer manhole within 34th Avenue. The on -site sewer system shall connect to the sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 26. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). 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. GRADING 27. 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. a. 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 Conditions of Approval Page 13 of 20 CaSe No. 5 1112-MAYTTM 32730 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. b. 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 29. 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. 30, 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. 31. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 32. 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" (RI FA Form CA-1) prior to approval of the Precise Grading Plan. The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). Conditions of Approval Page 14 of 20 Case No. 5.1112-MAYFFM 32736 DRAINAGE 33. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. On -site retention and other storm drainage facilities approved by the City Engineer shall be required. 34. 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. 35. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. 36. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of on -site streets into the on - site underground retention system, as described in the Hydrology and Hydraulic Study for Mountain Terraces at Indian Oasis, Tentative Tract No. 32736, prepared by Jones, Cahl & Associates, revised March 9, 2005. The hydrology study for Tentative Tract Map 32736 shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. 37. The applicant is advised that the proposal for an underground retention system within the landscaped parkway along 34th Avenue may preclude the ability to install appropriate landscaping as may be required by the Department of Planning Services. The underground retention system 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. Io, 'r1 Conditions of Approval Page 15 of 20 Case No. 5,1112-MAJ/TTM 32736 38. The underground retention system shall be installed on -site and not within the public right-of-way. The underground stormwater retention system 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 retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour or as otherwise supported by a percolation test at the site. Provisions for maintenance of the underground stormwater retention system shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. 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 HOA and require its repair or replacement to the satisfaction of the City Engineer. 39. All on -site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the 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. 40. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212,00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 41. 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 Conditions of Appmval Page 16 of 20 Case No. 5.1112-MAJ/TTM 32736 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. 42. All proposed utility lines shall be installed underground. 43. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on - site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the south property line (excluding the 115kV power lines) meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, a utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 44. 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. 45. 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 2004 drawing file), DXF (Auto CAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. 46, The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 47. Nothing shall be constructed or planted in the corner cut-off area of any (intersection or) driveway which does or will exceed the height required to 4 t � Conditions of Approval Page 17 of 20 Case No. 5.1112-MAJITTM 32736 maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 48. 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, 49. The City's embankment slope parcel may be landscaped, if required by the Director of Planning Services or if requested by the applicant_ In either case, the applicant shall submit an application for an Encroachment Agreement for installation and maintenance of landscaping within the City's embankment slope parcel. The applicant will be required to include provisions in the Covenants, Conditions and Restrictions (CC&R's) for this project which require the perpetual maintenance of the landscaping on the City's embankment slope parcel, including liability for all damages and for repair to the embankment slope and/or the Dinah Shore Drive street and bridge improvements in the event of failure of the City's embankment slope due to the applicant's use of the parcel. MAP 50. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 51. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of a Certificate of Occupancy. 52. Upon approval of a final (parcel) map, the final (parcel) map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S_ Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the Case No. 5.1112-MAJI7M 32736 Conditions of Approval Page 18 of 20 following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (Auto CAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 53. Install a street name sign at the intersection of 34th Avenue and the Main Entry in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 54. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of 34th Avenue and the Main Entry in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 55. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks (or pedestrian paths of travel) 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 34th Avenue frontage of the subject property. 56. 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. 57. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal: 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department: 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Conditions of Approval Page 19 of 20 Building Department: Case No. 5.1112-MAJ/TTM 32736 1. Prior to any construction on -site, all appropriate permits must be secured. Fire Department: 1. 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) 2. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2- 2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. 4. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 5. 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. Generally, for two- way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the 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. fD11_1 Conditions of Approval Case No. 5.1112-MAJ! rTM 32736 Page 20 of 20 6. Roads must be 40 feet wide when parking is not restricted. 7. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323- 8186 for a Knox application form. (902.4 CFC) 8. Plot Plan: Prior to completion of the project, a 8.5"Al" 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. 9. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 10, Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 11. Fire Flow: The required fire flow for this project is 1500 gallons per minute. END OF CONDITIONS - l iI�)m8 N v z z I Cl n Rd�IR� jou to Tcrraccs aeTic i c,mds _._ ( � MARSHALL scn' Unit CFlOrWp6v _ -_ U iNINNS %9IO 34th and East Mesgwto AVu UI F-I Palm Springs, California INmNLwAm LT,. 9u 0' 0nEENOE aWl a Uc FIB L wuMui - Frrc� L=GEHO 1�fnu 0 945L} E AFN.Sl� e � '�• u A if TY'G1CL! 9ECnOCb T L LEGAL DES ROPTOMA.P.N. A Jo GD ' ;� w� i�invi_•i��i�Si�• 4 MwNr 1H rvvth 6 AT NNW 0A 5 ® PRELIMINARY GRADING PLAT, TENTATIVE TRACT NO. 3273`: k ^• FOR CONODMINI1114 PURPOSES j�+y j a..u.riwa rrrr _��.�. PAlfl SMMS I D41f'OILWA IAy '•'i'I '� I� --� Od-1502 f 2 OF �Qi 0 FRONT ELEVATION RIGHT ELEVATION —r � of 1 i EAR ELEVATION LEFT ELEVATION ELEVATIONS MODEL i I I T7 d F-11 1 F I�CPLE 1N 11 0 FRONT ELEVATION REAR ELEVATION RIGHT ELEVATION LEFT ELEVATION ,. �-- 7 i = r id ELEVATIONS. N.OQEL B ` ss-E ur. s' c' I r M L L�I I �I� l ICI I�C1I a y T 02 •t I I� ( 4r (� , 4 �1 I v I m F El P III' I rL.&I i�nY� I Iyll]IJI,t311l �GTi'il LS ,ir•l-I,C LCP�GIIp$ ilia A Pdhn tiPnug.. Cdlllo�nla l I - rrMAR�SHALL ININNSCROUP - - -- -_ - riw ov:.x.vc�uc•.vMiilcucum. ue �mmin�a+'a 0 i j REAR ELEVATION • RIGHT ELEVATION LEFT ELEVATION r grimi,-J _l IT � •1 1 FRO14T ELEVATION Ed -E I I ELEVATIONS. MUDEL ❑ i s.uE ira�ru' - , n, A-3 (D) of I I ELEVATIONS. MUDEL ❑ i s.uE ira�ru' - , n, A-3 (D) of m FJ i fir. IR= J, HI.1 SARI PI' —i = "" T, P!.=41 .9-: LJ'� rGl a'_=....-C T. C.1 L eras -__•_F IF n-.•c F r. F. o_ EL I f NMWMN i RAC Ar IHGUH OAM 1illl 'FE_I Ii'IARI I'F.,DII'!I, _Al' FCR L 11' R•3.SI' I IIJ II I'U =0su PAW SRHGS CNJiglNIR W=o P.AY d Ca � �l f l_ C� K BEC En•_G�?7 FLY C i f. L PRELNARY LANDSCAPE PLAN - PALM SPRINGS, CALIFORNIA BEE EY A4 EE FLN C ESA El ?<VE �P NORTH WNWAI:1RS11:ILL I\f\n�'r • 1 34 TH 4VFNUE 1 FL9li ,4S LEE_ttC - v • GEl�.�ti:. 2.-=�:C EGA.. ♦�\ -a-L a �� F',I-cF]!_ti=.a CC'J..__O a4n_ I.T. T2l G'. -=�cv_CC F=4i=�•C E=.. iv_,_ =1cL =SSH'�. •F�Ll3 4 T 1 Cn- S. -CF.nL� C-L C..v • 0= 1 _�.-LL2C a G�� a C �.. NCRrH PROPOSED STREET THEME AND ENTRY PALM SPRINGS, CALIFORNIA i1r,`'i A J — J I� 11 NO.Fi- PROPOSED POOL AREA orw ; µ� � �}i nsn � V:1RNIILL PALM SPRINGS, CALIFORNIA E e e LnE.v�-r�arliGru� raea. w� �� r��a LSE=w FLAN A - TTFIGLL Fn 4i YAR L+\GCGn-E TYPICAL FRONT YARD LANDSCAPE CONCEPTS - PLAN A ravw"1111, I UT ELE, AT p, F_11 A 1 LI RSH ILL I&+ (L Vir10 �A]010 Z Emma3 L Rl � 77 VINLE I L�LEf1D0 PALM SPRINGS, CALIFORNIA on-iq — M1a - _ �.. a�0.v-'-_`-.ere zl L — L -1 -- i -V 5 - T+SC-- FnT "1F _Slf]-Ju= FRCYi E_E Ve !: - FLAN 3 a-4F LV.1. LE-T ELEY3i.CY FL4L B i-c IE'rlC RANiINi LEGEMJ 4 p c e euca �. ._= s=_• rT�YPI L FRONT YARD LANDSCAPE CONCEPTS PAS - PLAN B d �� :,','', i; ` [[ a I_ PALM SPRINGS, CALIFORNIA t}flk.o V =1 E -� E! F A!4 C - -TF CAL F4 ,T TAP - .JBL A=E Tlr II I `r i—t— I F. %T _=IATC' - FL iV C F-XITNV r-'...CiEl1� mr�c-•Fw- _ _� m:en .ta `_ _ = raven TYPICAL FRONT YARD LANDSCAPE CONCEPTS - PLAN C PALM SPRINGS, CALIFORNIA ()Qpar F6 T ELEwATM FLAY D -LE .a. Ln p FLAV o it F.GL PR.^.Vi T.r� y14cEc.L E TYPICAL FRONT YARD �� fLANDSCAPEE COONCEP/�Ti�S� - PLAN D y f�j� �Jg PALM SPRINGS, CALIFORNIA FLbllIL�Yi LEG=hD •aren-cu wx ccrr wve eL_ zYurb KKKJJJ-- � N cl OtpALM SA, u nn I�I�r�, Nron•enn*cv `'� � Date: Planning Commission Staff Report August 23, 2006 5.1112 — MAJ / TTM 32736 Application Type: Tentative Tract Map and Architectural Approval Location: North Side of 34th Avenue at Lawrence and Marguerite Streets, West of the Dinah Shore Drive Bridge Crossing Whitewater River Applicant Zone: General Plan: APN: From: Project Planner: =0111x411111 �]kgIaiIOU Mountain Terrace, 02, LLC W-R-G-A (6) Cluster Residential zone, within the 9- H Redevelopment Area L6 Low Density Residential (6 DU/Acre) 1*103811111I1Ya Craig Ewing, AICP, Director of Planning Services Edward 0. Robertson, Principal Planner The proposed project consists of a Tentative Tract Map (TTM 32736) for the subdivision of approximately 7-6-acre parcel into a condominium map and a Major Architectural application for the development of a 41-unit attached and detached cluster condominium complex. As proposed, the gated condominium complex will have private covered patios, a community pool with Jacuzzi and recreation areas. The 41-unit condominium complex will consist of two, three and four bedrooms units and will range between 1,362 and 2,402 square feet in size. The proposed architectural style is Mid -Century with Modern elements and will consist of four different types of models, Types A, B, C, and D. t Planning Commission Staff Report Case 5 1112-MAJ / TTM 32736 RECOMMENDATION August 23, 2006 Page 2 of 9 That the Planning Commission approve Major Architectural application, Case No. 5.1112-MAJ and make the following recommendations to the City Council. - Adopt the Mitigated Negative Declaration, thereby approving Tentative Tact Map 32736 for the condominium map. PRIOR ACTIONS At its meeting on May 22, 2006, the Architectural Advisory Committee (AAC), reviewed the project and with a vote of 7-0, recommended approval of the project to the Planning Commission. The AAC also recommended that the final landscape plans for the site be brought back for further review. BACKGROUND AND SETTING The proposal is to subdivide an approximately 7.6-acre site into a condominium subdivision map containing 41 attached and detached condominiums. The subject site is undeveloped, and adjacent to other undeveloped land, to the Dinah Shore Drive Bridge over the Whitewater River, to a single-family residential neighborhood, and to a clustered home community. The general location lies between golf -course communities north of East Palm Canyon Drive, and industrial -service uses along Dinah Shore Drive (Mesquite Avenue). The south side of the subject property fronts onto 34th Avenue, at Lawrence Street and Marguerite Street, east of Golf Club Drive / Crossley Road. To the northwest and north of the site, is undeveloped land. Dinah Shore Drive curves southeast toward the northeast corner of the site, and then carves east as it crosses the Whitewater River Bridge to the east of the site. To the south of the site, across 34th Avenue, is a mix of established and newer single-family residential development along Lawrence Street and Marguerite Street. To the southwest of the site, is a clustered golf community. To the west of the site, is a clustered community. ANALYSIS The General Plan designation of the site is L-6, (Low Density Residential with a maximum density of 6 units per acre), and the zoning designation is R-G-A (6), (Cluster Residential ,Zone). Therefore, the proposed residential development is a permitted use within the zoning district. The site is also located within the 9-H Redevelopment Area. The intent of the General Plan designation is to accommodate various types of low - density residential development including traditional single-family homes. This project is proposed at a density of approximately 5.4 units per acre and will be developed with attached and detached residential homes. As proposed, the 2 I +'�.^ i �, Planning Commission Staff Report Case: 5 1112-MAJ / TTM 32736 August 23, 2006 Page 3 of 9 condominiums will consist of two, three and four bedrooms units and will range between 1,362 and 2,402 square feet in size. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning North Vacant IND Business Industrial W-0-5 East Dinah Shore Drive Bridge and Whitewater River South Single -Family Res'I West Clustered Residential W Watercourse W-1 L6 Low Res'I (6 DU/Acre) R-1-C L6 Low Res'I (6 DU/Acre) R-G-A(6) Table 2: Comparison of R-G-A (6) Development Standards and Proposed Project W-R-G-A (6) Cluster Residential Zone Proposed Project Permitted Uses: Single- and Multi -Family Residential Minimum Lot Size. 2 Acres Minimum Lot Width: 165 Feet Minimum Lot Depth. 165 Feet Multi -Family Residential (Condominiums) Approximately 7.6 acres N / A (Condominium Lot) Condominium Lot Max. Density: 7,000 sf / du /( or 6.22 du / ac) Averaqe: 7,467 sf / du /( or 5.4 du / ac) Max. Building Ht.: 15 feet Between 14 and 24 feet at Top Plate 24 Feet < 50% of Floor Area Less than 50% FI. Area Minimum Front Yard: 25 feet Minimum Side Yard Width: 20 feet or 10% of Lot Width Corner Side Yard: 25 feet Minimum Rear Yard: 20 feet Min. Distance Between Buildings: 15 feet Landscape Performance Standard: Min. Irrig. Landscaping: 50% of Site Required Parking: Units & Visitors; 95 Provided. 35 feet N / A (Condominium Lot) 20 feet Provided: 15 feet Proposed: approximately 56% Provided: All units and Visitors: 114 3 Planning Commission Staff Report August 23. 2006 Case: 5.1112-MAJ / TTM 32736 Page 4 of 9 The proposed residential development is consistent with the basic L6 General Plan designation as a residential use and aVso in conformance with the permitted use and development standards of the R-G-A(6) zone. The proposed density of approximately 5.4 dwelling units per acre, or 7,467 square feet per unit is within the threshold of four and maximum of six dwelling units per acre called out in General Plan. Pursuant to Section 92.02.03(D), property development standards, of the ,Zoning Code, the proposed mix of one and two-story structures provides for a variety of building heights and are within the allowable maximum height of 15 feet and 24 feet. Site Design /Architecture The proposed site is an approximately 7.6-acre parcel located on the north side of 34th Avenue at Lawrence and Marguerite Streets, West of the Dinah Shore Drive Bridge Crossing Whitewater River. The property, which is currently vacant, is mostly an uneven graded pad with adjacent rugged terrain covered by different types of low -growing vegetation and weeds. The condominium units will be constructed as a mix of detached and attached homes and side -by -side duplexes with individual, exclusive -use front driveways, front entries, and rear yards with private patios. Four models, Types A, B, C and D are being proposed, they will range in size between approximately 1,362 and 2,402 square feet, and will be one and two -stories in height. Two points of access are being provided for the condominium complex. The main entrance to the complex is along 34t" Avenue. The gated access will have enhanced pavement and decorative landscaping. The Public Works Department has recommended that the second gated access located at the easterly portion of the site be restricted to emergency access only. The proposed private streets within the site will have widths of 28 to 32 feet, and will have the appearance of conventional streets without sidewalks. The proposed mixture of units will consist of one -bedroom, two -bedroom and three - bedroom units. Each of the units is comprised of entryways, master suites, fireplaces, kitchens and great rooms. Furthermore, each unit of the buildings will be equipped with separate laundry rooms. The architectural styles of the buildings and structures are Mid -Century with the application of some Modern Architecture elements. These buildings will incorporate a variety of architectural features such as almond vinyl windows, stucco, and lighting$ on the front of garages. Other features include stamped concrete driveways and entry walk areas leading to individual homes. Overall the proposed architecture of the structures is consistent with the City's desired upscale design standards at the location. 4 Planning Commission Staff Report Case: 51112-MAJ / TrM 32736 August 23, 2oa6 Page 5 of 9 The proposed landscaping of the complex would cover approximately 56% of the site. The open space areas, front yards, and rear yards will be fully landscaped. The landscaping design would consist of desert type shrubs, groundcovers, vines and trees. The perimeter and the frontage of the site will be densely landscaped with trees and shrubs as well. The applicant is also proposing to irrigate and landscape the slope along the easterly portion of the site. Overall, the proposed landscaping is attractive and meets or exceeds the required standards for a multi -family residential development. Parking: The applicant has proposed to designate a total of 114 parking spaces for the condominium complex; the total required parking spaces for this project is 95 spaces. The proposed parking spaces would consist of attached two -car garages and other designated parking spaces that will be evenly distributed within the complex. REQUIRED FINDINGS As a development project, findings are required pursuant to the California Environmental Quality Act (CEQA). The Environmental Initial Study conducted for this project concluded that with the adoption of mitigation measures, the proposed project is not likely to have any significant environmental impacts; therefore a Mitigated Negative Declaration can be adopted for the project. The draft resolution of approval includes such a finding. Findings can be made in support of the proposed Tentative Tract Map and the development of the 41-unit condominium complex. a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed residential development is consistent with the basic L6 General Plan designation as a residential use. The proposed density of approximately 5.8 dwelling units per acre, or 7,467 square feet per unit is within the threshold of four and maximum of six dwelling units per acre called out in General Plan Objective 3.5a, and the design of the project "accommodates various types of low -density residential development, including traditional single-family homes" discussed in that Objective. Finally, per Policy 3.5.3 of the General Plan, 50% of the lot area is to be maintained as open space, the applicant has provided approximately 65 percent of the lot area to be maintained as open space or private recreational yard areas. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. Planning Commission Staff Report Case: 5.1112-MAJ I TTM 32736 August 23, 2006 Page 6 of 9 The proposed project design is generally consistent with the stated purpose of promoting and protecting public health, safety, and welfare, and providing for comprehensive and orderly use of land resources per Section 91.00.00 of the Zoning Code. Also, zoning consistency is achieved by providing protections for neighboring land uses, particularly single-family residential uses. The development standards within the proposed condominium complex are consistent with the practical development solutions for a project site of this kind. c. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 7.6-acre project site can accommodate 41 residences without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The General Biological Assessment prepared for the project, dated May 5, 2004, concluded that disturbed Sonoran creosote bush scrub was the only vegetation community occurring on -site, that vegetation is not considered sensitive, and that no sensitive species were observed on -site. Although the habitat is potentially appropriate for several species, it is not anticipated that the species would utilize the area due to the disturbed condition of the site and its close proximity to developed areas. Although not observed, the site is within the faunal range of the fringe -toed lizard, and established protocol allows developers to pay a mitigation fee and develop associated properties. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed residential condominium subdivision includes the provision of public water and sewer systems, and an internal, private street that provides an orderly system of ordinary and emergency access to the project. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access Planning commission Staff Report Case: 5.1112-MAJ / TTM 32736 August 23, 2006 Page 7 of 9 through or use of the property. Any utility easements can be accommodated within the project design. ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared and a Notice of Intent to adopt a Mitigated Negative Declaration was sent to applicable agencies and published on August 12, 2006, in the Desert Sun for a 20-day review period. The draft Mitigated Negative Declaration is attached to this report. The draft Mitigated Negative Declaration found the environmental impacts of the proposed project to be less than significant with the following mitigations: MM 111,1 Earth -moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. MM III-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of construction -generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. MM III-3 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. MM III-4 All trucks shall maintain at least two feet of freeboard. MM III-5 Trucks hauling dirt, sand, soil or other loose dirt material off -site, shall be covered and washed off before leaving the site. MM III-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. MM III-7 As part of the construction specifications, any vegetative ground cover to be utilized on -site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. MM III-8 Construction operations affecting off -site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through -traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the 7 Planning Commission Staff Report August 23, 2006 Case, 51112-MAJ f TTM 32736 Page 8 of 9 developer shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. MM XI-1 The project applicant shall demonstrate that all on -site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on -site construction vehicles shall be located in the northern portion of the site. MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise -sensitive receptors. MM XI-8 Construction activities on -site shall take place only during the hours between 7:00 a-m_ and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. Planning Commission Staff Report August 23, 2006 Case' 5 1112-MAJ / TTM 32736 Page 9 of 9 MM XI-9 Noise barriers shall be constructed on the west side of Dinah Shore Drive per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mestre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Director of Planning Services by a qualified noise consultant that the measures have been made unnecessary. MM XI-10 Adequate ventilation in the form of mechanical ventilation systems shall be provided for homes per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mestre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Building Official by a qualified noise consultant that the measures have been made unnecessary. MM XVI-1 Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The applicant of irrigation technology such as tensiometers, drip or micro spray system and quality time clocks is also highly recommended. The California Health and a Safety code requires the all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush- NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 feet of the subject property/adjacent properly owners. As of the writing of this report, staff has not received any public comment. Id and O. ob rtson Cr�ig A. E n , AICP Pri cipal Pla er Di ector of Panning Services ATTACHMENTS- 1 . Vicinity Map 2, Reduced Site Plans and Architectural Elevations 3. Draft Resolution / Conditions of Approval 4. Draft Mitigated Negative Declaration (DMND) City of Palm Springs Planninig Commission Minutes of August 23, 2006 Marshall Roath, designer, gave additional information relating to the stucco and windows. There being no further comments, the Public Hearing was closed. M/S/C (Cohen/Scott, 5-0, 2 absent/Hutcheson/ Chair Marantz) To approve, subject to Conditions of Approval. 6. Case 5,1112 MAJ / TTM 32736 - An application by Marshall Ininns Design Group, for a Tentative Tract Map (Mountain Terrace) to subdivide an approximate 7.6-acre parcel into a condominium map and a Major Architectural application for the development of a 41-unit attached and detached cluster condominium complex located on the north side of 34th Avenue at Lawrence and Marguerite Streets, Zone W-R-G-A (6), Section 20, APN 680-180-002. (Project Planner, Edward Robertson, Principal Planner) Principal Planner, Edward Robertson, gave background information as outlined in the staff report dated August 23, 2006. Commissioner Scott requested clarification on the bike trail an the north side. Chair Hochanadel opened the Public Hearing. Marshall Ininns, architect, gave additional details on the flood control access area and indicated a small roadway would be built to access the slopes; available for questions from the Commission. Don Regan, Palm Springs, neighbor, inquired if road work is scheduled for Avenue 34th and Rush Street. There being no further appearances, the Public Hearing was closed. Commissioner Scott requested clarification on the proposed type of materials for the surrounding wall and the private entrance. M/S/C (Ringlein/Cohen, 5-0, 2 absent/Hutcheson/ Chair Marantz) To recommend adoption of the draft Mitigated Negative Declaration to City Council and approval of Case 5.1112 Major and Tentative Tract Map 32736, subject to Condition of Approval, to include: "The 2nd gated entry shall be limited to emergency access only." 4 - f i MOUNTAIN TERRACES INITIAL STUDY / Im rIGATED NEGATIVE DECLARATION La CITY OF PALM SPRINGS INITIAL STUDY / MITIGATED NEGATIVE DECLARATION 1. Project title: Mountain Terraces - Case 5.1112 - MAJ / TTM 32736 2. Lead agency name and address: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Edward Robertson, Principal Planner (760)323-8245 4. Project location: North side of 341h Avenue, at Lawrence and Marguerite Slreets 5. Project sponsor's name and address: Mountain Terrace, 02, LLC 30 West Wyoming Las Vegas, Nevada 89102 6. General plan designation: L6 Low (Density Residential) 7. Zoning: W-R-G-A (6) (Cluster Residential) 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the' project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The project consists of a Tentative Condominium Map (TTM 32736) and Major Architectural application for a residential condominium subdivision with 41 units. The proposal is to subdivide approximately 7-6-acre site into three lettered lots and three numbered lots served by internal private, loop streets within the property. The three lettered lots will consist of one lot containing the private streets, one lot containing open space that consists of an embankment with part of the Dinah Shore Drive Bridge over the Whitewater River, and one lot containing subterranean retention basins and a sidewalk in the parkway adjacent to 341h Avenue. The three numbered lots will conloin 41 residential condominium units. The condominiums will be constructed as a mix of detached homes and side -by -side duplexes with individual, exclusive -use front driveways, front entries, and rear yards. Four models are being proposed. Homes are proposed to ronge in size between approximately Mountain Terraces Initial Study/Mitigated Negative Declaration l August 2006 - fili_— Page I of 45 _ l _ MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 1,362 and 2,402 square feet, with two -car garages, and will be one and two -stories in height. The privole streets will have widths of 28 to 32 feet, and will have the appearance of conventional streets without sidewalks. Parking will be allowed as an Engineering condition on one side of the 32-foot wide loop street, and will provide guesl and supplementary parking. Recreational areas wilh swimming pool and Jacuzzi are provided within landscaped areas. The project will also have on -site storm water detention in the form of subterranean basins in the lettered lot abut ling the parkway along 3411, Avenue. The project will be gated.. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: North: Vacant South 341h Avenue, Single-family homes East: Dinah Shore Drive Bridge and Whitewoter River West: Clustered residenlial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) None Mountain Terraces Initial sfudy /Mitigated Negative Declaration u August 2006 Page 2 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION FIGURE 1 -VICINITY MAP aDepartment of Planning Services Vicinity Map n n Y Legend ® site 34TH-AC In n- -"� �w N.AMKTF T— A9ountain Terraces Initial Study (Mitigated Negative Declaration August of 06 45 Page 3 of 45 - f MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by INS project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ® Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance Mountain Terraces initial Study /Mitigated Negative Declaration g August2006 -•, Page 4 of 45 i 1 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significani effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ® environment, there will not be a significani effect in this case because revisions in the project have been mode by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared- Ei I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one ❑ effect 1) has been adequately anolyzed in an earlier document pursuant to applicable legal standords, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT Is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significani effect on the environment, because all potentially significani effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. `'.fr'ard O. Ro erfs n • Prinbipal Plan e - is ©ia Date Mountain Terraces Initial Study/ Mitigated Negative Declaration August Z006 ` rL`7Iry Page 5 of 45 1 MOUNTAIN TERRACES INITIAL STUDY / Nil TIGATED NEGATIVE DECLARATION APPLICATION CERTIFICATION: I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature Date Print name and title �,.... Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 - iI Page 6 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show shot the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significanl with mitigation, or less than significant. 'Potentially Significant Impact" is appropriale if there is substantial evidence that an effect may be significant. If [here are one or more 'Potentially Significant Impect" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant Wilh Mitigation Incorporated" applies where the incorporation of miligation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less fhon significanf level (mitigation measures "Earlier Analyses," as described in (5) below, may be crass -referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(e) (3) (D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. e) Mitigation Measures. For effects shot are 'less Phan Significant with Mitigation Measures Incorporated," describe the mifigofion measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for fhe project. 6) Lead agencies are encouraged io incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals coniocted should be cited in the discussion. Mountain Terraces faitial Study/Mitigated Negative Declaration August 2006 Y- , C 7 Page 7 of 45 _ J MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation or each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 . � y. '� ! CC) Page 8 of 45 -- MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ IDvista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings within a state scenic highway? d Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ IR surroundings? d) Create a new source Of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ® ❑ view% in the area? a-c) No Impact. The project site is currently vacant and located north of 34th Avenue. It is not located near any scenic vistas or state scenic highways. The proposed project is for 42, one-story residential condominiums. The buildings will have a height of approximately eighteen feet. Open space is integrated throughout the project. The proposed building height and amenities is substantially similar to the existing condominiums and single- family residences that surround the site. The buildings maintain the appearance of single-family residences and duplexes and are oriented to provide a subdivision design that is similar 10 the existing surrounding neighborhood. With these features incorporated in the project, the project will actually improve the existing visual character of the site and immediate vicinity by removing a blighted condition. Therefore, there will be no impact on the visual character of the site, scenic vistas, and scenic resources on slate scenic highways. d) Less Than Significant Impact. The site is currently vacant and does not currently generate light or glare. Therefore, the construction of the project would have some lighting impacts, characteristic of a residential area. However, it is not anticipated that the project will create substantial light and glare that could affect nighi time views. The type of lighting proposed would be typical of a residential projeci such as landscape up - lighting, entrance lighting, and pedestrian -scale lighting. In addition, the project would be required to comply with City's "dark sky" ordinance pursuant to standards outlined in Section 93.21.00 of the zoning ordinance. Therefore, there will be a less than significant impact to day or nighttime views in the area due to light and glare. Mountain Terraces Initial Study / Mitigated Negative Declaration August 200G Page 9 of 45 MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Significant Mitigalion Impact Incorporated L[ _4 Than Significant Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ IR use, or a Williamson Actcontract? c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. The Farmland Mapping and Monitoring Program of the California Resources Agency have not designated this area as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to farmland would occur. b) No Impact. The proposed project site is zoned for multi -family residential use and is not covered by a Williamson Act contract. Furlhermore, no Williamson Act Contracts are located in the immediate vicinity of the project site. Therefore, no impacts to Williamson AcI Contracts would occur. c) No Impact. The proposed project is designated multi -family residential; the surrounding land consists of developed commercial or residenlial property. Implementation of the proposed project would, therefore, not resull in conversion of farmland to non- agricultural uses. No Impacts to conversion of agricultural land will occur. Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 J. 7 R'r12 t. ,r , Page 10 of 45 L MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially . , With Significant Mitigation Impact Incorporated Less Than Significant Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Violate any air quality standard or contribute El® ❑ ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non -attainment under an El ® ❑ ❑ applicable federal or stale ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ® ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ® ❑ number of people? A technical report was the basis for the following analysis and can be found in Appendix A. a) Less than Significant Impact. The proposed project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Development at the project site will be governed by the 2003 Air Quality Management Plan (2003 AQMP) and the 2002 Coachella Volley PMio State Implementation Plan (CVPMio SIP). CEQA requires that projects be consistent with the applicable AQMP. The project would result in development intensities that are lower than what is allowed under the current General Plan land use designation. The Palm Springs General Plan is the basis for the AQMP emissions inventories, which is a key underlying assumption associated with the AQMP. Projects that are consistent with local General Plan land use development intensities are considered consistent with the air quality related regional plans including: the current AQMP, the Coachella ValleyPMio SIP and other applicable regional plans. On a peak day during the grading phase, the generated emissions are projected to include approximately: 9 pounds of ROG, 66 pounds of NOx, 72 pounds of CO and 3 pounds of PMIO (Endo Engineering, 2005). Of that total, the active soil disturbance associated with earthwork on 6 acres per day would generate an estimated 60 of fugitive dust per day. Emissions at this rate would not exceed the SCAQMD daily Mountain Terraces Initial Study/Mitigated Negative Declaration E Au ust 2006 Page II of45 MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION significance thresholds but would represent 66 percent of the significant threshold for NOx. On a peak construction day after grading is completed, air pollutant emissions associated with building activities (including the actual construction of the buildings and the architectural coaling application process) are projected to total approximately 64 pounds of ROG, 73 pounds of NOx, 76 pounds of CO, and 3 pounds of PM10, provided the paving activities do not occur at the some time the architectural coatings are being applied (Endo Engineering, 2005). Emissions at this rate would not exceed the SCAQMD daily significance thresholds but would comprise 86 percent of the ROG threshold of significance during archilecturcl coating activities and 73 percent of the NOx threshold during the construction of buildings. Without mitigation, the NOx threshold will not be exceeded provided the building activities do not occur the some time as paving operations. The proposed project is not expected to exceed the SCAQMD doily or quarterly construction emission thresholds of significance during construction activities on site provided the paving activities on -site are not conducted on those days when the architectural coatings are being applied on -site. Upon full occupancy in the year 2008, the project is expected to generate up to 213 pounds of carbon monoxide, 27 pounds of reactive organic gases, 30 pounds of NOx, 19 pounds of PM10 and less than one pound of SOx, daily (Endo Engineering, 2005). Project - related motor vehicle and area source emissions are not projected to exceed the SCAQMD operational emission significance thresholds. Operational emissions from the project would be within established thresholds and construction emissions exceeding doily thresholds would be mitigated through implementation of measures from the South Coast Air Quality Management District CEQA Handbook. Therefore, the project is not anticipated to conflict with or obstruct implementation of the 2003 AQMP. This impact is considered less than significant. b-d) Less than Significant Impact with Mitigation Incorporated. Construction activities are a minor source of organic gas emissions. Solvents in adhesives, non-waterbase paints, thinners, some insulating materials and caulking materials would evaporate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. The URBEMIS-2002 for Windows (Version 7.42) program estimates maximum emissions from site grading, construction worker trips, stationary and mobile equipment, architectural coatings and asphalt off -gassing. URBEMIS 2002 was used to estimate potential emissions for the proposed project. Emissions from construction activities (grading and building), area sources (consumer products, gas fireplaces) and operations (vehicles) are provided in Table III-1. These calculations assume that demolition would not be necessary as the project site is currently vacant. Construction would occur over an eighteen -month period with project occupancy estimated late in the year 2008, Mountain Terraces initial study / Mitigated Negative Declaration vv.' % August 2006 r _ iL1iP� Page12of45 E / MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Table III-1 ESTIMATED EMISSIONS RESULTING FROM PROJECT CONSTRUCTION ACTIVITIES (POUNDS/DAY) Emissions Source ROG NO. CO PM+n Total Site Grading Phase -Fugitive Dust - - - 60.00 -Off-Road Diesel 8,99 65.74 71.31 2.97 -Worker Trips 008 0.13 2.34 0.01 Subtotal 9.07 65.87 71.57 62.98 Construction Process -Off-Road Diesel 9 10 72.19 65.28 3.28 -Worker Trips 0.91 0.51 10.77 0.15 Subtotal 10.01 72,70 76.05 3.43 Architectural Coatings -Off-Casing 63 35 - - -worker Trips 0.85 0.48 10,23 0.15 1 Subtotal I 64.20 0.48 10.23 0.15 Asphalt Paving -Off-Gasing 0.46 - - - -Off-Road Diesel 5.04 33.76 41.09 1.46 -On-Road Diesel 0.11 2.25 0,42 0.05 -Worker Trips 0,03 0.02 0.40 0.01 Maximum All Phases 64.20 72.70 76.05 62.98 SCAQMD Threshold 75 100 550 I 150 Threshold Exceeded No No No No Source. Endo Engineering, 2005 The major air quality impacts resulting from project construction would be increased ROG, NOx, CO, SOz, and PMIo emissions primarily from off road diesel, worker trips, off road diesel, and on road diesel. As shown in Table III-1, thresholds would not be exceeded on a pounds per day basis for any pollutant and would be below thresholds for pounds per day during construction. Although emissions would not be exceeded on a pounds/day or quarterly basis, cumulative operational emissions generated over the long term by the proposed project in conjunction with the development of other projects in the region may exceed the SCAOMD operational emissions significance threshold criteria without mitigation. This projects cumulative impact would be mitigated through project level standard mitigation. Cumulative projects would not occur simultaneously, therefore, this project's construction air quality impacts, because they occur on their own time frame, and would Mountain Terraces Initial Study / Mitigated Negative Declaration ®R-, - ,1� �„ August 2006 0t. 1 Page 13 of 45 J MOUNTAIN TERRACES INITIAL $Tu4V / MITIGATED NEGATIVE DECLARATION not be occurring during other developments in the City of Palm Springs, would not create cumulative impacts that would cause emissions to reach threshold levels. Therefore, mitigation measures are provided consistent with the provisions of the South Coast Air Quality Management District CEQA Handbook to mitigate construction-reloted air quality emissions both for the project and cumulatively. In addition, the project would be required to comply with Chapter 8.50 of the Palm Springs Municipal Code (which requires that projects obtain an approved Fugitive Dust Mitigation Plan prior to commencing construction) and Section 8,04,230 and 8.04.240 of the Palm Springs Municipal Code (which address erosion control associated with grading projects and outlines measures required to assure that no debris is washed, blown by wind or otherwise deposited onto streets or adjacent property). The project must also comply with SCAQMD's Rule 403 to mitigate emissions to a less than significant level. fhe mitigation measures below shall be implemented during all grading and construction phases of the project and enforced/monitored by the City of Palm Springs and the SCAQMD. Implementation of these mitigation measures would reduce construction - related emissions and are considered adequate by the District to reduce emissions to less than significant. Mitiaation Measures MIA III-1 Earth -moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PMio Stale Implementation Plan and SCAQMD Rule 403.1. MIA 111-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of construction-generaled dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such Ihat a crust will be formed on the ground surface and then watered again at [he end of the day, as port of the construction specifications. MM 111-3 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. MM III-4 All trucks shall maintain at least two feet of freeboard - MIA III-5 Trucks hauling dirt, sand, soil or other loose dirt material off -site, shall be covered and washed off before leaving the site. MM III-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. MIA III-7 As port of the construction specifications, any vegetative ground cover to be utilized on -site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil - MIA 111-8 Construction operations affecting off -site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruciion of through -traffic lanes - Mountain Terraces Initial Study / Mitigated Negative Declaration ems•. ¢��{{��+(��.,��5 August 2006 Page 14of45 I MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION e) Less than Significant Impact. The project is not located in a high -density area, near a school, hospital, assisted living facility, or oiher facility that would house people with lowered immune systems. However, single-family residential developmenl is located to the west, and south of the project site across 3411i Avenue. Those developments may potentially be exposed to nuisance dust and heavy equipment emission odors (e.g. diesel exhaust) during construction. The duration of exposure to air emissions and dust would be relatively short. Furthermore, exhaust from construction equipment dissipoies rapidly. eased on the short-term duration, rapid dissipation of consirucfion emissions, and setbacks between the project site and adjacent residential areas, this impact is considered less than significant. Mountain Terraces Initial Study/Mitigated Negative Declaration August2006 gn Page 15 of 45 3 MOUNTAIN TERRACES INITIAL STUDY MITIGATED NEGATIVE DECLARATION LLwk Than Significant Potentially With Less Than Significant ` Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special ❑ ❑ Elstatus species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ Elto, marsh, vernal pool, coastal wetlands, etc-), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ El ElConservation Plan, or other approved local, regional or state habitat conservation plan? A technical report was the basis for the following analysis and can be found in Appendix B a-c) No Impact. A biological assessment was prepared by Tierra Environmental Services on May 5, 2004 and noted that the project site is currently vacant, is surrounded by urban development, and does not lic within the boundaries of federolly protected wetlands riparian habitat. The grading of the project site can be expected to eliminate 7.2 acres of disturbed Sonoran creosote bush scrub habitat. However, given the widespread occurrence of the bush scrub, there will not be any impact upon this species. Therefore, development of the project site will not have any significant adverse impacts upon biological resources in the region. Mountain Terraces Initial Study Mitigated Negative Declaration ` August2006 Page 16 of 45 MOUNTAIN TERRACES INITIAL SI UOY / Mi frGATE❑ NEGATIVE DECLARATION d) No Impact. The proposed project is not located within a water course, thus the project would not substantially interfere with the movement of any native resident or migratory fish. Therefore, no migratory patterns of fish or wildlife would be impacted by this project and no impact would occur. e) No Impact. The proposed project has no trees on site. Therefore, [he project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. f) No Impact. No Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP) covers the project site that has been yet been adopted by the City of Springs. The Coachella Valley Association of Governments (CVAG) has prepared a draft regional "Coachella Valley Multi -Species Habitat Conservation Plan" (CVMSHCP) that encompasses threatened, endangered, and sensitive species and their habitats. Mountain Terraces Initial Study /Mitigated Negative Declaration SHN", August2006 Page 17 of 45 if'_ � MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in " 15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to" 15064.5? c) Directly or indirectly destroy a unique ❑ ❑ ® El resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ® ❑ interred outside of formal cemeteries? A technical report was the basis for the following analysis and can be found in Appendix C a) Less than Significant Impact. Tierra Environmental Services, Inc. prepared a Cultural Resource Survey Report dated April 2004. The Coachella Valley is a historical center of Native American Settlement, where U.S. surveyors noted large numbers of Indian villages and rancherias, occupied by the Cahuilla people, in the mid-191h century. Historical sources consulted for this study suggest that no settlement or development activities took place in the vicinity of the project area unlil the late historic period, when the City of Palm Springs began its mid-20h century urban expansion. According to records on file at the Eastern Information Center, the project area hod not been previously surveyed for cultural resources and no resources had been recorded an or odjocent to the property. Ouiside the project boundaries, but within a one -mile radius, EIC records show nine previous archaeological investigotions and six cultural resources overviews covering various tracts of land and linear features. No cultural resources have been recorded within a one -mile radius of the project area, and thus no further consideration is required. No historical resources were encountered during Tierra Environmental's survey. However, the potential for discovery of resources is possible throughout the project area. The Aguo Caliente Band of Cahuilla Indians are located near the area. Specific siles of known Cahuilla significance are located to the west and south of the City. II is known that the Agua Caliente Tribe inhabited parts of the Palm Springs area. However, the proposed project is a generally flat vacant parcel and was surveyed by CRM TECH for signs of historical/archaeological resources. No historical resources were encountered. There are no physical structures of historical note within the area proposed for development. Therefore, the impact is considered less than significant, Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 " Dl711) Page 10 of 45 r rL �.% -- , MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION b-d) Less than Significant With Mitigation Incorporated. No archaeological or paleontological resources exist within or adjacent to the project area. The project, as currently proposed, would not cause substantial adverse change to any known archaeological or paleontological resources. No further cultural resources investigation is necessary for the proposed project unless development plans undergo such changes as to include areas not covered by the Tierra Environmental study. If buried cultural materials are discovered during any earth -moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. During ground disturbing project activity the potential to inadvertently encounter paleontological or cultural resources during project construction is always possible. Therefore, the impact is considered less than significant with mitigation incorporated. Mitigation Measures MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the developer shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Coliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. Mountain Terraces Initial Study/Mitigated Negative Declaration August2006 Page 19 of 45 MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, ii) Strong seismic ground shaking? i!i) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? d Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off - site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-6 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? potentially significant Impact n Less Than Significant With Mitigation Incorporated U ❑ ❑ ❑ ❑ Less Than Significant Impact ❑ ❑ ❑ No Impact A technical report was the basis for the following analysis and can be found in Appendix D. a) 1) Less than Significant Impact. The site is located within an active seismic area within approximately 7 miles (11.7 kilometers) of the San Andreas fault system. Well -delineated fault lines cross through this region as shown on California Geological Survey (CGS) maps; however, no active faults are mapped in the immediate vicinity of the site. The project site does not lie within a currently delineated State of California, Alquist-Priolo Earthquake Fault Zone. Therefore, active fault rupture is unlikely to occur at the project site. Ground rupture is generally considered most likely to occur along pre-existing faults FSmith, Peron! & Mountain Terraces Initial Study / Mitigated Negative Declaration August 2006 Page 20 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Fox, 1992). Therefore, active fault rupture is unlikely to occur at the project site_ Compliance with Uniform Building Code (UBC) will reduce potential impacts to a less than significant level. ii) Less than Significant Impact. High levels of ground shaking may occur during future large magnitude Southern California earthquakes, particularly on the San Andreas Fault. All structures on the property will be subjected to this shaking, and could be seriously damaged if not properly designed. This potential impact could be reduced to a level of less than significant through ensuring that the structural design of all buildings is performed by knowledgeable structural engineers familiar with conservative seismic design principles. As a performance standard the project will be required to be constructed to conform to the California Building Code (CBC) requirements for Seismic Zone 4. iii) No Impact' Liquefaction is the loss of soil strength from sudden shock (usually earthquake shaking), causing the soil to become a fluid mass. In general, for the effects of liquefaction to be manitested al the surface, groundwater levels must be within 50 feet of the ground surface and the soils within the saturated zone must also be susceptible to liquefaction. The potential for liquefaction is very low across most of the City of Palm Springs. The potential for liquefaction to occur at this site is considered negligible because the depth of groundwater around the site exceeds 100 feet. The project does not lie within the Riverside County designated liquefaction hazard zone. Therefore, no impact would occur. iv) No Impact. The elevation on the parcel is approximately 400 feet above sea level. The site slopes gradually toward the southeast with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto Barislo Road. The City of Palm Springs General Plan indicates that potential landslide hazard is primarily located in hillsides or mountainous areas of the City. Therefore, no impact would occur. b) Less than Significant Impact. During grading operations, the project has the potential to cause airborne and waterborne erosion. Standard City protocols would be enforced during review of engineering design plans (e.g., grading and erosion control requirements). Projects larger than 1 acre in size require compliance with National Pollution Discharge elimination System (NPDES) criteria, preparation of a Storm Water Pollution Prevention Plan (SWPPP), and the inclusion of appropriate best management practices (BMPs) to control soil erosion as well as off -site discharge to pollutants to surface waters. The project will also be required to prepare a Fugitive Dust (PM10) Mitigation Plan in compliance with adopted procedures of the SCQAMD and the City. Paving of streets and planting of landscaping will stabilize soil during the long-term operational phase of the project (home occupancy). For these reasons, project implementation will not result in substantial soil erosion problems or the loss of topsoil and no mitigation is required. Therefore, impacts are considered less than significant. Compliance with these procedures will be required prior to issuance of grading permits and implemented throughout the project's construction period. These procedures will ensure that potential erosion is controlled during the construction process. e) Less than Significant Impact. Ground subsidence from seismic events or hydroconsolidation is a potential hazard in the Coachella Valley area. The elevation on Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 Page 21 of 45 fir_ I. yu MOUNTAIN TERRACES INITIAL STUDY i MITIGATED NEGATIVE DECLARATION the parcel is approximately 400 feet above sea level. The site slopes gradually inward the southeast with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto Boristo Road, Slooe Instability The site is relatively flat, therefore, potential hazards from slope instability, landslides, or debris flow are considered negligible. Soil Liauefaction See a. iii above. Ground Subsidence The polential for seismically induced ground subsidence is considered to be slight to moderate at or near the site. Dry sands lend to settle and density when subjected to strong earthquake shaking. The amount of subsidence is dependent on relative density of the soil, ground motion, and earthquake duration. Uncompacled fill areas may be susceptible to seismically induced settlement. Adherence to the grading and structural recommendations in the Geotechnical report would reduce potential settlement problems to a less than significant level. d) No Impact_ Site soils have a very low potential to be expansive. According to the Geotechnical Report prepared by Professional Service Industries dated May 20, 2004, the surface soils encountered during exploratory borings were found to be non -expansive. Laboratory testing indicated as Expansion Index of 0 Ihat corresponds with the "very low" expansion category in accordance with UBC Standard 18-2. Therefore, no impact would occur. e) No Impact. No septic conks or alternative wastewater disposal systems would be constructed as part of the proposed project. Therefore, no impact would occur. Mountain Terraces Initial Study/Mitigated Negative Declaration August 2000 Page 22 of 45 ) MOUNTAIN TERRACES INITIAL STUDY ( NIITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ® ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ® ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El ❑ Elwithin one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a El ❑ Elpublic use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a-b) Less then significant Impact. Currently the site consists of vacant desert land. A sparse growth of native brush, grass and weed covers the site. Implementation of the project would result in the development of new residential units and open space components. Although small quantities of commercially available hazardous mcleriol could be used within the residential component, these materials would not be used in sufficient Mountain Terraces Initial Studyl Mitigated Negative Declaration S August2006 • � ��1^1u +7 Page 23 of 45 1 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION quantities to pose a Threat to human or environmental health. The project does not include the demolition or removal of older structures that may contain hazardous materials such as lead paint or asbestos. Construction of the project would involve the use of heavy equipment, which uses small amounts of oils and fuels and other potentially flammable substances. During construction, equipment would require refueling and minor maintenance on location, which could lead to fuel and oil spills. The contractor would be required to identify a staging area for storing materials and equipment. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. The use and handling of hazardous matcnols during construction activities would occur in accordance with applicable Federal, State, and local laws including California Occupational Health and Sareiy Administration (CaIOSHA) requirements. No waterways are located on the site and the project would be required to obtain a National Pollution Discharge Elimination System (NPDES) General Construction Activity Storm Water Permil. The project contractor would be required to file a Notice of Intent under the State's NPDES General Construction Permit. This permit requires that a Storm Water Pollutant Prevention Plan be prepared specifying Best Management Practices to reduce construction related-impacls on the project site. The proposed project would not result in a significant risk of explosion or accidental release of hazardous substances. As port of the building permilting process, all plans are reviewed for compliance with applicable Building and Fire Department requirements, pursuant to the Uniform Building and Fire Codes, and all other related City requirements. Therefore, implementation of the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material. c) No Impact. There ore no schools located within 'A mile of the project site. As described in Vll.a, the proposed project would include the construction of residential, a commercial and open space components. The operation of the project would not result in the routine use, transport, or disposal of substantial quantities of hazardous materials. Therefore, no impact would occur. d) No Impact. The proposed site is not located on the list of hazardous materials site compiled pursuant to Government Code Section 65962-5 and would not pose a significant hazard to the public or the environment. Therefore, no impact would occur. e) No Impact. The project is not located within the boundaries of the Riverside County Airport Land Use Compatibility Plan for Palm Springs International Airport and would not conflict with airport operations. Therefore, implementation of the proposed project would not expose people to air related hazards. Therefore, no impact would occur. f) No Impact. The project site is not located within the vicinity of a private airstrip. Therefore, implementation of the proposed project would not expose people to air related hazards. Therefore, no impact would occur. g) No Impact. The project would not impair implementation or physically interfere with an adopted emergency plan or emergency plan or emergency evacuation plan, although the project would be reviewed by the City Fire Department to ensure consistency with emergency response and evacuation needs. Therefore, no impact would occur, Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 Page 24 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION h) No Impact. The project is in a semi -urban area and development of the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wild fire. Therefore, no impact would occur. Mountain Terraces Initial Study/Mitigated Negative Declaration _ August2006 Page 25 of 45 { V MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact Vill. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or wasle ❑ ❑ ® El requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table El ❑ ® ❑ level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ® ❑ would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ® ❑ increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned El El ® ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? 0 Otherwise substantially degrade water quality? ❑ ❑ ® ❑ g) Place housing within a 100-year flood hazard area as mapped an a federal Flood Flazard Boundary or El El ElFlood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ El that would impede or redirectflood flows? i) Expose people or structures to a significant risk of 1055, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ A technical report was the basis for the following analysis and can be found in Appendix E. Mountain Terraces initial Study/Mitigated Negative Declaration `�, August 2006 •t .l�'1L" t Page 26 of 45 f� MOUNTAIN TERRACES INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION a) Less than Significant Impact. The project is located north of 341h Avenue and consists of approximately 8.4 acres. The project would include 42 condominiums in a private, gated development. Construction at the site would be subject to National Pollutant Discharge Elimination System (NPDES) stormwater regulations for construction activities, which apply when there is a soil disturbance of more than one acre, or if less than one acre, part of a larger common plan of development one acre or greater. The applicant shall be required to comply with all rules, regulations and procedures of the NPDES permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (Colorado River Basin -Regional VII). Under this program development that proposes more than one acre of grading would apply for a permit to control the discharge of pollution to the maximum extent practicable. The project would be required to meet all City, regional and state applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. Therefore, compliance with all standards would ensure Thal potentially significant impacts will be reduced to less than significant. As regards to wastewater, the proposed project would connect to the City's sanitary sewer system, which would convey project wastewater to the Palm Springs Wastewater Treatment Plant (WWTP). Operation of, and any future expansion of the WWTP are overseen by the Regional Water Quality Control Board. Compliance with existing NPDES regulations and discharge requirements of the RWQCB would ensure that potentially significant impacts would be reduced to less than significant_ Therefore, the project would not violate any waste discharge requirement on a City, State or Federal level. This impact is considered less than significant. b) Less than Significant Impact. The project proposes to use water supplied by the Desert Water Agency (DWA). Water for the proposed project would be served by Desert Water Agency. The project is not anticipated to deplete groundwater supplies, interfere substontiolly with groundwater recharge, or substantially increase demand for water. Based on water demand for the proposed project as described in XVI.a, the DWA has sufficient water supply to generate water supply for the project, as does the City WWTP as described in XVI.a. Therefore, the impact is considered less than significant. c, d) Less than Significant Impact. The proposed project would add new impervious surface approximately 10 acres of impervious surface. The proposed site currently consists of vacant desert land, covered with sparse native brush, grass, and weeds. The site is relatively flat and level with adjacent properties. The elevation on the parcel is approximately 400 feet above sea level. The site slopes gradually toward the southeosl with storm runoff generally characterized as sheet flow interspersed by localized high and low points. Overland storm runoff currently overflows directly onto 341h Avenue. Construction of the proposed project would create impervious surfaces on the site, which would alter the existing drainage conditions. Compliance with mandatory NPDES requirements would reduce the potential of erosion and siltation during the short-term construction and long term operation phases of the project. In addition, the project would be required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP), which specifies Best Management Practices (BMPs) that,shall prevent all construction pollutants from contracting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters. Mountain Terraces Initial Study /Mitigated Negative Declaration + �: r*1, August 2006 ¢,• I�}� J Page 27of45 MOUNTAIN TERRACES INITIAL STUDY I MITIGATED NEGATIVE DECLARATION A Preliminary Hydrology Report was prepared by Jones, Cahl and Associates, dated July 23, 2004, All storm runoff generated on -site would be conveyed through the proposed on -site streets to catch basins, where underground storm drain pipelines would then carry the runoff to the subterranean retention basins. The toial runoff storage capacity provided by the retention basins would suffice to store the incremental increase of storm runoff due to development. The remainder of the storm runoff would overflow directly onto 341h Avenue. Additionally, compliance with all standards would ensure that polentially significani impacts would be reduced to less than significant_ e) Less than Significant Impact. The Hydrology Study by Jones, Cahl and Associates indicated that the total capacity of the proposed retention basins and underground storage facilities for the proposed development is sufficient to store the incremental increase of runoff caused by development. The proposed development of Tentative Tract 32736 meets the hydrologic requirements set forth by the City of Palm Springs. Less than Significant Impact. Construction at the project sile could produce pollutants that would have the potential to temporarily degrade the quality of receiving waters if not properly managed. The primary pollutant of concern is sediment that results from excessive erosion of disturbed soils. Other potential pollutants include metals, pesticides, nutrients and soil additives, construction chemicals and fuel, and miscellaneous waste. With the implementation of Best Management Practices (BMPs) required by the City as well as through the project's required SWPPP, no significant long-term impact to water quality would result from construction aciivities. Therefore, compliance with all BMPs would ensure that polentially significant impacts would be reduced to less than significant. g-h) No Impact. The project is not located within on area designated as a 100-year flood boundary by the Federal Management Emergency Agency (FEMA). The proposed retention basins are designed to capture storm water runoff from the project site as a result of the increase in impervious surface. Therefore the impact is considered less than significant. The project could potentially redirect runoff in the event of a 100-year flood. However, improved streets surrounding the project currently prevent off site flows from entering the project site. Site elevations are approximately 335 feet above sea level, generally sloping toward the southeast, storm runoff would generally be characterized as sheet flow interspersed by localized high and low points. As a result of the proposed design, all 100- year storm runoff exceeding that currently generated on -site would be captured and stored on -site in the proposed retention basin. Therefore, this impact is considered less than significant. No Impact. The Palm Springs General Plan Environmental Impact Report does not identify risk of loss, injury, or death due to flooding as a result of levee or dam failure in the city of Palm Springs. Therefore, no impact would occur. No Impact. A tsunami is an unusually high sea wave, (more precisely, a series of waves), of local or distant origin that results from large-scole seafloor displacements associoied with large earthquakes, major submarine slides, or exploding volcanic islands. It is not likely that Palm Spring would be affected by a tsunami because Palm Springs is located roughly 60 miles from the pacific coast. Therefore, no impact would occur. A seiche is the oscillation of water in an enclosed body of water (such as a lake). Water in golf course lakes could be affected during a strong seismic event. However, no Mountain Terraces Initial Study / Mitigated Negative Declaration x•� 1i1��`J Page28o(45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION damage would be anticipated, as these features are not of sufficient size or depth to have a major destructive potential. There are no flood control/deslting basins in the vicinity of the project. Therefore, potential impacts of seiches would be minimal (Smith, Peroni and Fox, 1992). Mudflow would be associated with a reservoir which could break resulting in flooding or mudflow to down stream properties. No reservoirs ore located in the vicinity of the City of Palm Springs. Therefore, no impact would occur. Mountain Terraces Initial Study / Mitigated Negative Declaration f August 2006 Page 29 of 45 MOUNTAIN TERRACES INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant Potentially ' With Lm Than Significant Mitigation Significant Impact Incorporated Impact ❑ ❑ ❑ X No Impact a) No Impact. As previously stated, the surrounding land uses are residential, commercial, and some offices. The project site is a vacant 7-6-acre parcel of land. The proposed project is for the construction of 41 condominiums and associated site. The proposed condominiums would be compatible with surrounding land uses. Therefore, the project would not physically divide an established community and no impact would occur. b) No Impact. The proposed condominium project is consistenl wish the goals and objectives of the L6 (Low -Density Residential 4-6 units/acre) General Plan designation for the subject property. The proposed density of 5.8 dwelling units per acre. or 7.467 square feet per unit is within the threshold of four and maximum of six dwelling units per acre called out in General Plan Objective, 3.5a. and the design of the project "accommodotcs various types of low -density residential developmenl, including traditional single-family homes" discussed in that Objective. Additionally, the proposed development is consistent with General Plan Policy 3.5.1 because the project proposes a design with the appearance and functionality of a single-family delached subdivision. The project is consistent with Policy 3.5.2 because the buildings ore one story and maximum height is less than 18 feet. Finally, 65 percent of the lot area is maintained as open space or private recreational yard area per Policy 3.5.3. Therefore, the proposed project does not conflict with any local land use plans or policies. c) No Impact. There are no habitat conservation or natural community conservation plans currently adopted for the project area. A draft Coachella Valley Multi -Species Habitat Conservation Plan (HCP) is currently under consideration, but has not been adopted as yet by the City of Palm Springs. Therefore, there would be no impact to the natural community. Mountain Terraces Initial Study y Mitigated Negative Declaration August2006 ' '„ 1-IS2 Page 30 of 45 MOUNTAIN TERRACES INITIAL STUDY /MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant; Mitigation Significant Impact.. Incorporated Impact No Impact X. MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a-b) No Impact. No significant mineral resources have been identified in the project area. The Palm Springs General Plan EIR (Palm Springs, 1992) has not identified any mineral resources in the planning area. Therefore, no impact to mineral resources would occur. Mountain Terraces Initial Study / Mitigated Negative Declaration € August2006 Page 31 of 45 i MOUNTAIN TERRACES INITIAL STUDY / MITIGATEE) NEGATIVE DECLARATION Lw Than Significant Potentially with Significant Mitigation Impact Incorporated Los Than Significant Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local ❑ ® ❑ ❑ general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ® ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ® ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ® ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ ❑ public use airport, would the project expose people residing or working in the project area to excessive noise levels? fl For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ ❑ ® ❑ working in the project area to excessive noise levels? A technical report was the basis for the following analysis and can be found in Appendix F. a-d) Less than Significant With Mitigation Incorporated. The City of Palm Springs requires that the community noise equivalent level (CNEL) does not exceed 65 dB at the exterior living areas (rear yards) or 45 dB at the habitable interior living area. The following discussion is broken down into construction and post construction. CONSTRUCTION The transport of workers and equipment to the construction site would incrementally increase noise levels along the roadways leading to and from the site. The increase, although temporary in nature, could be audible to noise sensitive receptors located along the roadways utilized for construction as well as to residences south of the project site. Although there could be a relatively high single evens noise exposure poieniial wish passing trucks, the effect on long-term ambient noise levels would be less than 3 dBA when truck noise (87 dBA at 50 feet) is added to existing noise levels and average over a Mountain Terraces Initial Study/Mitigated Negative Declaration E e August of 06 45 Page 32 of 45 . rilr�r�/1t J MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION 24-hour period. Therefore, short-term construction worker and equipment travel noise increases would represent less than significant impacts on noise sensitive receptors along the site access routes. During the construction phase, noise generated at the project site could become excessive. However these impacts would be lemporary in nature. The loudest construction equipment used during construction hours would be earth -moving equipment including bulldozers, backhoes, tractors, trenchers, front loaders, jackhammers, and rotodrills. The Environmental Protection Agency has found that the noisiest equipment types operating at construction sites, typically range from 88 to 91 dBA at 50 feet. Mitigation measures identified below would reduce these temporary impacts to less than significant. POST CONSTRUCTION The residential development would be exposed to noise generated from surrounding arterial traffic. An Acoustical Analysis prepared by Mesire Greve Associates, dated May 14, 2002 found that the average noise level calculated for Dinah Shore Drive exceeded the City of Palm Springs CNEL of 65 dB. In addition, the homes would need to be designed to provide ❑ noise reduction up to 20 dB in order to comply with the City's interior CNEL standards of 45 dB. Therefore impacts from noise on the overall ambient noise conditions at the project site are considered less than significant. All of the residential lots proposed on -site are considered noise -sensitive. With a projected noise level of exceeding CNEL at the right-of-way line adjoceni to Dinah Shore Drive, this impact would be considered significant and requires the application of the mitigation measures identified below. Implementation of the mitigation measures below would ensure that construction and operational noise impacts are mitigated to less than significant. Mitigation Measures MIA XI-1 The project applicant shall demonstrate that all on -site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. Mounlain Terraces Initial Study/Mitigated Negative Declaration August 2006 FP r'+,11 r'? 5 Page 33 of 45 MOUNTAIN TERRACES INITIAL STUDY / MrnGATED NEGATIVE DECLARATION MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the northern portion of the site. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on - site construction vehicles shall be located in the northern portion of the site. MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise -sensitive receptors. MM XI-8 Construction activities on -site shall take place only during the hours between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 o.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. MM XI-9 Noise barriers shall be constructed on the west side of Dinah Shore Drive per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mcstre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Director of Planning Services by a qualified noise consultant that the measures have been made unnecessary. MM XI-'10 Adequate ventilation in the form of mechanical ventiloiion systems shall be provided for homes per the Summary for Exterior Noise Mitigotion in the Noise Analysis for Mountain Terraces at Indian Oasis prepared by Mestre Greve Associates, doted May 14, 2002, unless it can be demonstrated to the satisfaction of the Building Official by a qualified noise consultant that the measures have been mode unnecessary. e-f) No Impact. The project site is located more than 1 mile from Palm Springs International airport and therefore, would be subject to noise from airplane overflights. However, the noise exposure is estimated at between 45 io 50 dBA CNEL and is therefore, not considered to be excessive. The project site is not located within the boundaries of the Riverside County Airport Land Use Compatibility Plan for Palm Springs International Airport. Since the project is not located within an airport land use plan or within the vicinity of a privale airstrip its impact on the overall noise exposure at the project site is less than significant. Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 Page 34 of 45 i� MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation significant Impact Incorporated Impact No Impact XI I. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and El El ® ❑ businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? d Displace substantial numbers of people, necessilating the construction of replacement ❑ ❑ ❑ housing elsewhere? a) Less than Significant Impact. The project would include 42 condominiums in a private, gated development. This would be an increase in the current population. The project would accommodate approximately 84 people based on 2 persons per unit. However, this increase in development in the City would occur within an area anticipated to consist of urban Uses. The environmental effects of amending the General Pion to accommodate the proposed project are evaluated in this document. b-c) No impact. The proposed project site is a vacant parcel. Therefore, no existing population or housing would be displaced. Mountain Terraces Initial Study/ Mitigated Negative Declaration August 2006 t. - Page 35 of 43 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ® ❑ b) Police prweclion2 ❑ ❑ ® ❑ c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ a) Less than Significant Impact. The proposed project would not result in significant impacts to structures or any emergency response procedures. The Palm Springs Fire Department (PSFD) serves the current population of 44,260 persons, covering a geographical area of 96 square miles with five fire stations. Construction activities are not anticipated to result in an increase in demand for fire protection services. The proposed project would result in a 0.9 o population increase to the City of Palm Springs. The PSFD has set a maximum acceptable fire response time within the urbanized at five minutes. The PSFD would be able to reach the project within the five-minute response time. The project would conform to the access requirements and conditions of approval for the PSFD prior to submission for a building permit. Therefore, impacts to fire services ore considered less than significant. b) Less than Significant Impact. According to calculations for police coverage assessment, 1.5 sworn officers per 1,000 people are required. The 2004 California Department of Finance (DOF) population estimate for Palm Springs was 44,260 persons. At 2 persons per unit for 156 units, the City population would be increased by approximately 312 persons or by approximately 0.77.. Currenily, the City of Palm Springs Police Department (PSPD) consists of 92 sworn officers and 56 general personal. The City's maximum police protection coverage is 138,000 people. The increase in population from the proposed project would not result in impacts to the City's Police protection service capacity. The project would comply with all rules, regulations and procedures of the PSPD. Therefore, impacts to police protection would be less than significant. c) Less than Significant Impact. The project would be required to comply with PSUD's developer fees for residential units at the time of the building permit. The developer fees are based on building area square footage at the rate of $2.24/per sq ft for residential development and $0.36 per square foot for commercial/industrial. According to Facilities Planning it is not expected that the proposed project would have impacts that would exceed available capacity of educational services. California Government Code Section 65995(h) specifically states "the payment or satisfaction of a fee, charge, or other requirement levied or imposed... [is] deemed to be full and complete mitigation of ��Mountain Terraces Initial Study/Mitigated Negative Declaration ARN August 2006 nR?t1719 Page 36 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION the impacls of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities." Therefore, impacts to PSUD are considered less than significant. d) Less than Significant Impact. According to the CHy's General Plan there are approximately 130 acres of City -owned and developed pork land within the City. The General Plan stales that the City's aim is to provide 2.5 acres of community park land for every 1,000 residents. Utilizing the population estimate of 44,260, the current ratio of developed park land per 1,000 residents is 2.9 acres per 1,000 people. This ratio exceeds the goal of the City General Plan. The project provides amenities such as common area pools and private use rear yards for on -site recreation. In addition, the project would be required to pay park impact fees to the City associates with the development of the condominiums. Therefore, impacts to parks and recreation are considered less than significant. e) Less than Significant Impact. The proposed project is not expected to cause significant cnvironmcntal impacts to the service levels of any other public service providers and would not propose relocating these facilities. Therefore, impacts to other public facilities are considered less than significant. Mountain Terraces Initial Study / Mitigated Negative Declaration August 2006 �'1r7C9 Page 37 of 43 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than - Significant Mitigation "Significant " Impact Incorporated Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ® ❑ deterioration of the facility would occur or be accelerated b) Does the project include recreational facilities, or require the construction or expansion of El ❑ ® El facilities, which might have an adverse physical effect on the environment? a-b) Less than Significant Impact. The project would include 41 condominiums in a private, gated development. The project would include private rear yards. There are recreational facilities located within an approximate four -mile radius of the project: Sunrise Park and the Dog Park. while, any new residents could cause increased demand for use of recreational facilities and public parks, the proposed project would result in on approximately 0.7 a population increase to the total population of the City of Palm Springs. This is a negligible increase which would not substantially increase the demand for recreational Facilities or require construction/expansion of existing facilities. Additionally, recreation facilities are included as part of the project and future projects that would offset the demands on the current recreational facilities" Therefore the impacis orc considered less than significant. .� Mountain Terraces Initial Study/Mitigated Negative Declaration (;�q" ht August 2006 Page 38 of 45 l MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact XV. TRANSPORTATIONITRAFFIC. Would the project! a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result to a substantial ❑ ❑ ® ❑ increase in either the number of vehicle trips, the volume -to -capacity ratio on roads, or congestion al intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ ID location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ® ❑ 0 Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ® ❑ turnouts, bicycle racks)? a-b) Less Than Significant Impact_ The Circulation Element of the Palm Springs General Plan, adopted March 3, 1993, includes as a policy, the provision and maintenance of level of service (LOS) D operation for the City's circulation network_ There are no streets in the vicinity that are associated with levels of service approaching reduced operation, and the project is a 41-unit residential development with no significant impacts related to its projected 420 average daily trips. c) No Impact. The proposed project would not affect any air traffic patterns as it is a residential project. Therefore, there is no impact. d) No Impact. There are no curves, road hazards, or incompatible uses that have been identified in the vicinity, and the project utilizes a simple, on -site loop street system. e) Less Than Significant Impact. The proposed site plan shows a gated access to the project on 341h Avenue. The Fire Department and City Engineer will review the gated entry design including widths of ingress and egress lanes to ensure that there is adequate Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 �r Page 39 of 45 r MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION emergency access. With the implemenfalion of the project's conditions of approval, this impact is considered less ihon significant- f) No Impact. The project proposes io place homes along interior loop streets. Pursuant to Section 93.06.00 of the zoning ordinance, the project is required to provide 95 parking spaces based upon required spaces for the units and guest parking spaces. The project proposes to provide 114 parking spaces including attached two -car garages for residences. Therefore, the project has adequate parking capacity. g) Less Than Significant Impact. There is existing bus service in the vicinity. SunLine Transit Agency is currently undergoing a Comprehensive Operations Analysis (COA) that may result in the deletion of the bus stop- In the event that the COA is completed prior to the issuance of grading permits for the project and indicates that the bus stop is not needed, the developer is not required to construct any improvements. However, if the COA is not completed prior to the issuance of grading permits for the project, the developer shall be required to construct a new bus turn out at the existing bus stop location. Therefore, the projeci would not conflict with any adopted plans or policies supporting alternative transportation - Mountain Terraces Initial Study / Mitigated Negative Declaration g August 2006 ••r Page 40 of 45 4� r7 i MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant 6litigalf0n Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing El ❑ ® Elfacilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ® ❑ ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the projea's solid waste ❑ ❑ ® ❑ disposal needs? g) Comply with federal, state and local statutes and El El ® El related to solid waste? a) Less then Significant. The proposed project would provide connections for 41 residential units to the existing water and wastewater infraslruclure. The project would convey wastewater generated by the project to the Palm Springs WWTP_ b) Less than Significant. eased on water demand for the proposed project as described in XVI.a. The DWA has sufficient water supply to generate water supply for the project as does the City WWTP as described in XVI.a. The project developer would be required to comply with all rules, regulations, and other requirements of the DWA in order to provide water service to the site. Water service requirements may include, but are not limited to, upgrades, modifications, replacement, and abandonment of existing DWA facilities. These improvements may require construction within and adjacent to public rights -of - way and existing and/or proposed easements. Therefore, the impact to. require construction of new water or wastewater treatment facilities would be less than significant. Mountain Terraces Initial Study/Mitigated Negative Declaration (a August2006 C`1ry'?1Q^• Page 41 of 45 w I MOUNTAIN TERRACES INITIAL STUDY I MITIGATED NEGATIVE DECLARATION c) Less than Significant. The master drainage plan provides for drainage of the 10-year storm runoff in the storm drain lines, and 100-year runoff in the street right of way. When fully implemented, there would be no need for a project to have on -site retention/detention facilities. Since the entire system is not constructed, on -site detention of increased runoff due to development is required. In addition, drainage acreage fees for implemeniafion (construction) of the Master Drainage Plan are imposed on development so the Ciiy can eventually construct all of the regional storm drain lines. d) Less than Significant with Mitigation Incorporated. Based on water demand for the proposed project as described in XVI.a, sufficient water supplies are available to serve the proposed project. However the DWA recommends several water conservation mechanisms. Therefore, the impact to sufficient water supplies would be considered potentially significant unless mitigation is incorporated. Mitigation Measures MM XVI-t Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The applicant of irrigation technology such as lensiomelers, drip or micro spray system and quality time clocks is also highly recommended. The California Health and a Safety code requires the all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush. e) Less then Significant. See XVI.b above. The impact to wastewater treatment capacity is considered less then significant. f) Less Than Significant. The proposed project would be accommodated by Palm Springs Disposal Service (PSDS) and the existing landfill has sufficient capacity to accommodate solid waste beyond the next 20 years and no new landfills are currently planned for the area. Based the assumption that residents generate 2 lbs. of waste per day, The proposed project would produce 624 Ibs of wash- per day. Therefore, the impact to be served by a land fill with sufficient permitted capacity is considered less then significant. g) Less than Significant. The proposed project would be required to comply with applicable elements of AS 1327, Chapter 13 (California Solid Waste Reuse and Recycling Access Act of 1991) and other applicable local, State, and Federal solid waste disposal standards, thereby ensuring that impacts associated with this issue are considered to be less than significant. Therefore, impacts to solid waste are considered less than significant. Mountain Terraces Initial Study/Mitigated Negative Declaration August 2006 Page 42 of 45 MOUNTAIN TERRACES INITIAL STUDY / NIITIGATED NEGATIVE DECLARATION Less Than significant With Potentially Mitigation Less Than Significant Incorporate Significant Impact d Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild -life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ® ❑ ❑ animal Community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ® ❑ ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ® ❑ beings, either directly or indirectly? a) Less Than Significant with Mitigation Incorporated. The proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because the proposed project contains no evidence of any critical habitat or endangered species. No officially listed plants or animal species were detected during the field surveys, therefore there would be a less than significant impact on biological resources, including fish or wildlife species, or rare or endangered plant or animals. No historical resources exist wilhin or adjacent to the project area- The project, as currently proposed, would not cause substantial adverse change to any known historical resources. No further cultural resources investigation is necessary for the proposed project unless development plans undergo such changes as to include areas not covered by the CRM Tech study. If buried cultural materials are discovered during any eorth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. During ground disturbing project activity the potential to inadvertently encounter paleontological or cultural resources during project construction is always possible - Therefore, the impact is considered less than significant with mitigation measures identified in Section V. Mountain Terraces Initial Study Miligated Negative Declaration F��, August2006 ,P ;,.~ Page 43 of 45 MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION b) Less Than Significant with Mitigation Incorporated. The project would be consistent with the City's General Plan and would not create any potentially significant impacts. The proposed project is for 42 residential condominiums within a private, gated community. There are no other new projects currently under construction in the immediately vicinity of the project. The proposed project is located on a parcel that is designated for residential land uses and was previously approved as the later phase of a exisling condominium project to the east. The analysis provided in this document considers year 2025 conditions and implementation or the mitigation measures identified in this document and adherence to basic regulatory requirements would fully mitigate the projecl's contribution to cumulative impacts. c) Less Than Significant Impact. The preceding discussion has outlined the potential impacts and mitigation measures to reduce chose impacts to less than significant. Therefore, the proposed project would not have any direct or indirect adverse impacts on humans. Mountain Terraces Initial Study / Mitigated Negative Declaration cgg4 °I;Rf4 41- August 20U6 Page 44 of 45 .) MOUNTAIN TERRACES INITIAL STUDY / MITIGATED NEGATIVE DECLARATION }; REFERENCES 1) City of Palm Springs. Citv of Palm Sarinos Drofl Environmental Impact Report. December 1992. 2) City of Palm Springs. City of Palm Snrinas General Plan. 1992, 3) Ciiy of Palm Springs. Citv of Palm Snrinas Zoning Code. 2004. 4) City of Palm Springs. Citvwide Historic Resources Survev. June 2004. 5) Government Code Section 65962.5(f), "Hazardous Waste and Substances Statement". 6) South Coast Air Quality Management District. CEQA Air Qualitv Handbook. 1993. 7) Riverside County Airport Land Use Commission. Riverside Countv Airnort Land Use Compatibility Plan. October 14, 2004. 8) Jones, Cohl and Associates. Hvdroloa_v and Hvdroulic Studv for Mountain Terraces at Indian Oasis. July 23, 2004, 9) Mestre Greve Associates. Noise Anolvsis: Mountain Terraces at Indian Oasis Proieci Cily of Palm Snrinas. May 14, 2002. 10) Professional Services Industries, Inc. Preliminary Geotechnicol Investiaalion: Proposed 43 Sinale Familv Residences Mountain Terraces and Indian Oasis Located at 341h Avenue - Lawrence Street, Madera Road. and Tierra Lane, Palm Srinos. California. May 20, 2004. 1 1) Tierra Environmental Services, Inc. Cultural Resource Survev Renort for the Mountain terraces at Indian Oasis Proiect Riverside Countv. California. April 2004, 12) Tierra Environmental Services, Inc. General Biological Assessment for 72 acres in the City of Palm So6nas in Riverside Countv. California. May 5, 2004 �,,,, Mountain Terraces Initial Study/Mitigated Negative Declaration c&10 August 2006 \`. 1 ' LVr)(,�P-y Page 45of45 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case: 5-1112 — MAJOR ARCHITECTURAL / TENTATIVE TRACT MAP 32736 34"' AVENUE NEAR MESQUITE AVENUE, ZONE RGA (6), SECTION 20 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 4, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Marshal Ininns Design Group, for a Tentative Tract Map to subdivide approximately 7.6 acres for a condominium map and to construct 41 condominium units along 34'h Avenue near Mesquite Avenue, Zone RGA(6), Section 20. ENVIRONMENTAL. DETERMINATION: A Draft Mitigated Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward O. Robertson, Planning Services -Department at (760) 323-8245- _ Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. /J,d'mes Thompson, City Clerk - N Department of Planning Services W+E c Vicinity Map S 1�gpwH�P ��LiEIAL-EU \ I 33FIE _ - O — O � < —_ — b7 F, R — o a FgiR a � J J F IZ D S E DF ` ►-� Fz0- H CITY OF PALM SPRINGS CASE NO: 5.1112 -MAJ / DESCRIPTION: Application to subdivide approximately TTM 32736 7.6 acres and to construct 41 condominium units along 34"' Avenue near Mesquite Avenue, Zone RGA(6), Section 20. APPLICANT. Marshall Ininns APN: 680-180-002, 680-180-041. Desiqn Group PROOF OF PUBLICATION (2015.5.C.C,P) S1 ATE OF CALIFORNIA County of Riverside am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed ant] published in the city of Point Springs, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California under the date of March 24, 1988. Case Number 191236; that the notice, of which the annexed is a printed copy (set in type not smaller than non pariel, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dales, to wit; September 23r'I, 2006 All in cite year 2006 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Palm Springs, California this --- 26"', ---- d4y C� -LJ CI c 7 N This is space for County Clerk's I Ilmg Sinmp No. 3047 NOTICE OF PUBLIC HEARING C" COUNCIL CITY OF PALM SPRINGS Caoc- 5.1112 - MAJOR ARCHITECTURAL ATENTATIVE TRACT ENEEAp MESQUITE AVENUE, ZONE pGA (6), SECTION 20 NOTICE IS HEREBY GIVEN that the Clry Ccuncll of the City of Palm Sprinas. r�li nia, will hold at public hearing at its meeting of October 4, 2006, the City Council meetin be Ins at &00 p.m., In the Ceuncll Chamber at Gity, i-lall, 320D East Tah- gwtz Canyon Way, Palm Springs. The purpose of this. hearing i. to cons an ap- ppIdatlon by Marshal inlnns Design Group, tar a Trntative Tract Map to subdivide approximately i.6 acres for a condomlmum map tnd to con- •;ttuct 41 condominium unit.; algnq 34th Avenue nour Mesgtnte Avenue, Zone RGA`4 Section 20. ,d.,, ... m.. .,vi i 1. t III II j,,. -'rIlh,��� Ip In .. rNMENTAL DETERMINATION: A view T REVIEW OF PROJECT INFORMATIONThe staff report lnd othor supporting documents regarding this pproIact e also avalla It- lot public review it City alb the hours of 8'00 a.m. and 5:00 p.mon . Mday througgh Frida . Pleasn contact the Olnce of the CityCletK at 700) 323-8204 If you would Ilke to scheduio all appointment to review thole documents: --- - - ------ — COMMENT ON THIS APPLICATION: R4spponsc to thil. notice may be mice verbally at the publlc HearmO and/or in wilting bolote the ht.arlrl III ten comments may be made to the City Council by letter (far mall or hued delivery) to: James Thompson. Clry Clark 3200 E. Tahqultz Can an Way Palm Spring;, CA �2252 Any challenge of the proposod protect ue.ed lh court mqy be limited to Ialsmg only those sesues r at the public heaning descnbad In this notice or in written correspondence delivered to the City CIorK at, or ppnor to thc• ppublic helring. (Govern- ment Code geclien ti50D9[bJ(2]). An oppartumly will be given at sulcl hearing tar all InterE d persons to he heard. QuesOons re��.Irard- in99 this case may be directed to Edward C. Aob- er!•.on Planning Services Department at (760) 323-3245 St nccesha ayud+ con est•j carta, porlavor Ilame a t Ciudad de Palm Springs y puede-h'Ibier con Nedlne Fieger teiefono (7 60) 323.8245. James Thompson, City, Clerk Published: 9/23/2006 IS I Jl ry JI * C r�TPORP110 JIFOR� q~ City ®f balm Springs Office of the City Clerk j200 E. Tahquin. Canyon Vl�ay •Palm Springy, Cahfornia 92262 Tel: (7b0) D2_-82U l • Fax (760) j�?-8»2 \�i/eb: wwwci.palno-spriugs.ca.us September 22, 2006 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting — October 4, 2006 Alcoa Wireless Services for Sprint/Nextel The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on October 4, 2006. Enclosed are two (2) copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, labels identifying each parcel. The following are Indian owned property within the 400 ft. radius of the subject property: 687-050-018 687-050-003 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, 1� Kathie Hart, CMC Chief Deputy City Clerk /kdh H \USERS\C-CLK\Hnring Nell[es1PHN to 81A-Marshal Inlnns 10-04-06 doc Encl: Public Hearing Notice (2 copies) Postage Paid Envelopes (2) APN Labels r)lcc�(D Post Office Box 2743 0 Palm Springs, California 97763-2743 OIVpALM SAS c City of Palm Springs Office of the City Clerk " ca.v,onnlEv+^ " 3'UU L,.'Ishqu¢z C:myon Way • Palm Springs, Caliform.L 9 "6' c �P Tcl: (760) 323-870-E • lax 17 U) i ?-Sj32 • We6: www.a.pnlm-spnngh. a.us Q��roRt' AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Marshal Ininns Design Group, for a Tentative Tract Map to subdivide approximately 7.6 acres for a condominium map and to construct 41 condominium units along 34th Avenue near Mesquite Avenue, was mailed to each and every person set forth on the attached list on the 22nd day of September, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (60 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. ` Dated at Palm Springs, California, this 22t' day of September, 2006. AMl=S THOMPSON City Clerk /kdh HAUSRR&C-Cl-nHeadng NoUces)P.f idavit-Marshal Ininns 100406.doo D:1 Post Office Box 2743 0 Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Public Hearing Notice MS APRIL HILDNER MR TIM HOHMEIER Case 5.1112ITTM 32736 (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) Marshal Ininns Design Group 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA CC Meeting 10.04.06 PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS (BEL DESIERTO NEIGHBORHOOD) 930 CHIA ROAD PALM SPRINGS CA 92262 MS DIANE AHLSTROM (MOVIE COLONY NEIGHBORHOOD) 475 VALMONTE SUR PALM SPRINGS CA 92262 MR BOB DICKINSON VISTA LAS PALMAS HOMEOWNERS 755 WEST CRESCENT DRIVE PALM SPRINGS CA 92262 MS LAURI AYLAIAN HISTORIC TENNIS CLUB ORG 377 WEST BARISTO ROAD PALM SPRINGS CA 92262 VERIFICATION NOTICE I I I AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 I I I I I SPONSORS 11.1 1 JONES, CAHL & ASSOCIATES 18090 BEACH BOULEVARD, #12 HUNTINGTON BEACH, CA 92648 MR JOHN HANSEN . (WARM SANDS NEIGHBORHOOD) PO BOX 252 PALM SPRINGS CA 92263 MR BOB MAHLOWITZ (SUNMOR NEIGHBORHOOD GROUP) 246 NORTH SYBIL ROAD PALM SPRINGS CA 92262 MR BILL SCOTT (OLD LAS PALMAS NEIGHBORHOOD) 540 VIA LOLA PALM SPRINGS CA 92262 MODCOM AND HISTORIC SITE REP I I I CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MR MARSHALL ININNS MOUNTAIN TERRACES 02, LLC 479 OCEAN AVENUE, #C LAGUNA BEACH, CA 92651 DALE HADFIELD 27601 FORBES ROAD, #50 LAGUNA NIGUEL, CA 92677 MS MALLIKA ALBERT (CHINO CANYON ORGANIZATION) 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 MS PAULA AUBURN (SUNRISENISTA CHINO AREA) 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 MR SEIMA MOLOI (DESERT HIGHLAND GATEWAY EST) 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262-2459 MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 CASE 5,1112/TTM 32736 MRS. JOANNE BRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MR CHRIS FINLAY 30 W. WYOMING LAS VEGAS, NV 89102 680-181-023 680-181-024 680-181-025 WHITESELL RICFIARD D NEUMEISTER LAWRLNCE W GERLACH KENT P 6240 PASEO DE LA PALMA 19602 SEAGULL LN 5461 LAKE WASHINGTON BLVD S PALM SPRINGS, CA 92264 HUNTINGTON BEACH, CA 92648 SEATTLE, WA 98118 680-181-026 680-181-027 680-181-028 COOK CHRISTINE HARTON ELAIN F BURNETT MALCOM FRANCIS 6243 PASEO DE LA PALMA 1561 CLARK RD PO BOX 1224 PALM SPRTNGS, CA 92264 GARY, IN 46404 FULLERTON, CA 92836 680-181-019 680-ISI-030 680-181-031 SAUVF CONRAD 0 J RFAGAN DONALD GENE CLAESSENS DOMINIQUE F 4343 HUXLEY AVE 6215 PASEO DE LA PALMA 6 CREST RD E , PALM SPRINGS, CA 92264 ROLLING HILLS, CA 90274 680-181-032 680-181-033 680-181-034 BIRD CLAUDIA STORM STORM ELIZABETH FONTAINE STORM ELIZABETH FONTAINE 4 STORM HL 23223 NORMANDIL^" AVE 23223 NORMANDIE AVE ROLLING HILLS, CA 90274 TORRANCE, CA 90501 TORRANCE, CA 90501 680-181-035 690-181-036 680-181-037 STORM ELIZABETH FONTAINE SEELEY TRUST HERZOG PRINCE ALFRED 23223 NORNANDIE AVE 1663 PASEO DE LA PALMA 4202 CALLE MAJOR TORRANCE, CA 90501 PALM SPRTNGS, CA 92264 TORRANCE, CA 90505 680-191-038 680-181-039 680-181-040 RISORTO SOPHIA ANN MCGOVERN ELIZABETH STAVROS LOUIS G 1667 PASEO DE LA PALMA 1957 MANDEVILLE CANYON RD 261 LOMA AVE PALM SPRTNGS, CA 92264 LOS ANGELES, CA 90049 LONG BEACH, CA 90803 680-181-041 680-181-042 680-181-043 STORM JANE ALEXANDRA SCHLOTTER DONALD C KELTON MARTIN N PO BOX 1958 6203 PASEO DE LA PALMA 6205 PASEO DE LA PALMA BRECKENRIDGE, CO 80424 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 680-181-044 680-181-045 680-181-046 RUSCITTI RAY WRIGHT LAWRFNCF, A LARATONEY DAVID 7718 SE 42ND AVE 7909 OR EENGLFN AVE 6223 PASEO DE LA PALMA PORTLAND, OR 97206 CITRUS HEIGHTS, CA 95610 PALM SPRINGS, CA 92264 680-181-047 680-181-048 680-181-049 SMITH LAURA S COX C BRYAN FELTON JEFFREY C 2221 AVENIDA PLATANAR 10544 AYRES AVE 3816 RIVE,RTON AVF SAN CLEMENTE, CA 92673 LOS ANGELES, CA 90064 ST PAUL, MN 55122 680-181-050 680-181-051 680-181-052 PENITSCH MARTLYN L HORROCKS DEVAN WILEY LYLE 9039 NF JUANTTA DR k 103 PO 13OX 3634 1310 E OCEAN BLVD # 1100 ICIRKLAND, WA 98034 CATHEDRAL CITY, CA 92235 LONG BEACH, CA 90802 u " C� S, h14-L / 777Y 2,7345 680-181-053 680-181-054 680-181-055 PRAILEY TAMES L PACE KENNY MACK CURTIS BURTON 1806 UPAS ST PO BOX 271 6208 PASEO DE LA PALMA SAN DIEGO, CA 92103 ELEPHANT BUTTE, NM 87935 PALM SPRINGS, CA 92264 680-181-056 680-340-002 680-340-008 FAIRWAY VILLAS WELK PARK NORTH WELK PARK NORTH 24050 MADISON ST # 109 433 LAS COLTNAS BLVD E # 980 433 E LAS COLINAS # 980 TORRANCE, CA 90505 IRVING, TX 75039 IRVING, TX 75039 681-260-015 681-231-001 681-281-002 CITY OF PALM SPRINGS DESERT WATER AGENCY DESERT WATER AGENCY PO BOX 2743 PO BOX 1710 PO BOX 1710 PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92263 681-281-003 681-281-004 681-282-015 PALACIO SIMON PALACIO SIMON GALLARDO VICTOR M 74478 HIGHWAY 111 # 322 7895 CONVOY CT # 14 PALM DESERT, CA 92260 SAN DIEGO, CA 92111 681-282-016 681-282-019 681-282-022 WOO ELAINE STEMMER KENNETH E FUENTES JESUS 72771 SIERRA VISTA RD 74478 HTGHWAY 111 # 322 1842 LAWRENCE ST PALM DESERT, CA 92260 PALM DESERT, CA 92260 PALM SPRINGS, CA 92264 681 282-023 681-282-024 681-282-025 CHAISSON DONALD CHAISSON DONALD P SIMONSEN JOHN W 1860 LAWRENCE ST 1878 LAWRENCE ST 69411 RAMON RD # 577 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 CATI•IEDRAL CY, CA 92234 681-282-026 681-282-042 681-282-043 WILLIAMS CHARLES RAY CAGER JAMES AARON QUEEN E 2157 LAWRENCE ST 1809 MARGUERITE ST 1824 LAWRENCE ST PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 681-282-044 681 282-045 681-283-015 CHARNEY NANCY E DESERT WATER AGENCY BRENAGH CARL 3205 AVENIDA SEVILLA PO BOX 1710 1891 LAWRENCE ST PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92263 PALM SPRINGS, CA 92264 681-283-016 681-283-017 681-283-018 CARRASCO HELEODOR & IDELISA BONNEE STACY H JIMENEZ MARIA J 1875 LAWRENCE ST 1853 LAWRENCE ST 1835 LAWRENCE ST PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 681-283-019 687-050-003 687-050-018 SIMON JOSEPIIINE USA 687 USA 687 1811 LAWRENCE ST PALM SPRINGS, CA 92264 n